Bill Text: MI SB0270 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education: curriculum; instruction in sex education; modify to include instruction on affirmative consent, sexual assault, dating violence, and the prevention of sexual assault and dating violence. Amends sec. 1507b of 1976 PA 451 (MCL 380.1507b) & adds sec. 1507c.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2019-04-17 - Referred To Committee On Education And Career Readiness [SB0270 Detail]
Download: Michigan-2019-SB0270-Introduced.html
SENATE BILL No. 270
April 17, 2019, Introduced by Senators HERTEL, ANANICH, BRINKS, CHANG, ALEXANDER, GEISS, SANTANA, MCMORROW, BULLOCK, WOJNO, BAYER, HOLLIER, MOSS, IRWIN and POLEHANKI and referred to the Committee on Education and Career Readiness.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1507b (MCL 380.1507b), as added by 2004 PA 165,
and by adding section 1507c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1507b. (1) Instruction under section 1507 in sex
education and instruction under section 1169 on human
immunodeficiency virus infection and acquired immunodeficiency
syndrome
shall must emphasize that abstinence from sex is a
positive lifestyle for unmarried young people because abstinence is
the only protection that is 100% effective against unplanned
pregnancy,
sexually transmitted disease, infection,
and sexually
transmitted human immunodeficiency virus infection and acquired
immunodeficiency syndrome.
(2) Material and instruction in the sex education curriculum
under
section 1507 that discusses sex shall must be age-
appropriate,
shall must not be medically inaccurate, and shall must
do at least all of the following:
(a) Discuss the benefits of abstaining from sex until marriage
and the benefits of ceasing sex if a pupil is sexually active.
(b) Include a discussion of the possible emotional, economic,
and legal consequences of sex.
(c) Stress that unplanned pregnancy and sexually transmitted
diseases
infections are serious possibilities of sex that are not
fully preventable except by abstinence.
(d) Advise pupils of the laws pertaining to their
responsibility as parents to children born in and out of wedlock.
(e) Ensure that pupils are not taught in a way that condones
the violation of the laws of this state pertaining to sexual
activity, including, but not limited to, sections 158, 335a, 338,
338a, 338b, and 520b to 520e of the Michigan penal code, 1931 PA
328, MCL 750.158, 750.335a, 750.338, 750.338a, 750.338b, and
750.520b to 750.520e.
(f)
Teach pupils how to say "no" to sexual advances and that
it
is wrong to take advantage of, harass, or exploit another person
sexually.about sexual assault and dating violence and the
prevention of sexual assault and dating violence, including, but
not limited to, concepts relating to bystander intervention, and
create a school environment in which sexual assault and dating
violence are not acceptable and victims of sexual assault and
dating violence are provided help and support. Instruction provided
to comply with this subdivision must be consistent with section
1507c.
(g) Teach refusal skills and encourage pupils to resist
pressure to engage in risky behavior.
(h) Teach that the pupil has the power to control personal
behavior.
Pupils shall must be taught to base their actions on
reasoning, self-discipline, a sense of responsibility, self-
control, and ethical considerations such as respect for self and
others.
(i) Provide instruction on respectful and healthy dating
relationships, on consent, and on how to set limits and recognize a
dangerous
environment.setting and
respecting personal boundaries.
Instruction on consent must include instruction that teaches pupils
all of the following:
(i) That in order for consent to be given to sexual activity,
it must be affirmative and conscious and involve a freely given
agreement to engage in sexual activity.
(ii) That it is the responsibility of each individual involved
in the sexual activity to ensure that he or she has the consent of
the other to engage in sexual activity.
(iii) That an individual's lack of verbal or physical
resistance or submission resulting from the use or threat
of force does not constitute consent.
(iv) That an individual's manner of dress does not constitute
consent.
(v) That an individual's consent to past sexual activity does
not constitute consent to future sexual activity.
(vi) That an individual's consent to engage in sexual activity
with 1 individual does not constitute consent to engage in sexual
activity with another individual.
(vii) That an individual can withdraw consent at any time
during sexual activity.
(viii) That an individual cannot consent to sexual activity if
that individual is unable to understand the nature of the activity
or give knowing consent due to certain circumstances, including,
but not limited to, any of the following circumstances:
(A) The individual is incapacitated due to the use or
influence of alcohol or drugs.
(B) The individual is asleep or unconscious.
(C) The individual is underage, as defined or determined under
state law.
(j) Provide information for pupils about how young parents can
learn more about adoption services and about the provisions of the
safe delivery of newborns law, chapter XII of the probate code of
1939, 1939 PA 288, MCL 712.1 to 712.20.
(k) Include information clearly informing pupils that having
sex or sexual contact with an individual under the age of 16 is a
crime punishable by imprisonment and that 1 of the other results of
being convicted of this crime is to be listed on the sex offender
registry on the internet for up to 25 years.
(3) This section does not prohibit a public school from
offering sex education with behavioral risk reduction strategies,
as defined by law, that are not 100% effective against unplanned
pregnancy,
sexually transmitted disease, infection,
and sexually
transmitted human immunodeficiency virus infection and acquired
immunodeficiency syndrome.
(4) As used in this section:
(a) "Dating relationship" means that term as defined in
section 1 of 1978 PA 389, MCL 400.1501.
(b) "Dating violence" means an act of domestic violence
against an individual who has or had a dating relationship with the
individual who committed the act of domestic violence.
(c) "Domestic violence" means that term as defined in section
1 of 1978 PA 389, MCL 400.1501.
(d) "Sexual assault" means that term as defined in section
2950a of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950a.
Sec. 1507c. (1) Not later than 1 year after the effective date
of the amendatory act that added this section, the department of
health and human services, in consultation with the Michigan
Coalition to End Domestic and Sexual Violence, the superintendent
of public instruction, community-based sexual assault or domestic
violence service providers that are funded by the department of
health and human services, and education professionals, shall
develop a model curriculum for instruction on sexual assault and
dating violence and the prevention of sexual assault and dating
violence. The model curriculum developed under this section must be
aligned with the instructional requirements described in section
1507b(2)(f).
(2) Not later than 1 year after the model curriculum is
developed under subsection (1), the instruction provided to comply
with section 1507b(2)(f) must meet both of the following:
(a) Is delivered using the model curriculum developed under
subsection (1).
(b) Is provided by a teacher qualified to teach health
education as required under section 1507.
(3) As used in this section, "dating violence", "domestic
violence", and "sexual assault" mean those terms as defined in
section 1507b.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.