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.

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