for children
& parental rights
Instruction in sex education; instructors, facilities, and equipment; stressing abstinence from sex; elective class; notice to parent or guardian; request to excuse pupil from attendance; qualifications of teacher; sex education advisory board; public hearing; distribution of family planning drug or device prohibited; “family planning,”“class,” and “course” defined.
(1) The board of a school district may engage qualified instructors and provide facilities and equipment for instruction in sex education, including family planning, human sexuality, and the emotional, physical, psychological, hygienic, economic, and social aspects of family life. Instruction may also include the subjects of reproductive health and the recognition, prevention, and treatment of sexually transmitted disease. Subject to subsection (7) and section 1507b, the instruction described in this subsection shall stress that abstinence from sex is a responsible and effective method of preventing unplanned or out-of-wedlock pregnancy and sexually transmitted disease and is a positive lifestyle for unmarried young people.
(2) The class described in subsection (1) shall be elective and not a requirement for graduation.
(3) A pupil shall not be enrolled in a class in which the subjects of family planning or reproductive health are discussed unless the pupil's parent or guardian is notified in advance of the course and the content of the course, is given a prior opportunity to review the materials to be used in the course and is notified in advance of his or her right to have the pupil excused from the class. The state board shall determine the form and content of the notice required in this subsection.
(4) Upon the written request of a pupil or the pupil's parent or legal guardian, a pupil shall be excused, without penalty or loss of academic credit, from attending a class described in subsection (1).
(5) A school district that provides a class as permitted by subsection (1) shall offer the instruction by teachers qualified to teach health education. A school district shall not offer this instruction unless a sex education advisory board is established by the board of the school district. The board of a school district shall determine terms of service for the sex education advisory board, the number of members to serve on the advisory board, and a membership selection process that reasonably reflects the school district population, and shall appoint 2 co-chairs for the advisory board, at least 1 of whom is a parent of a child attending a school operated by the school district. At least 1/2 of the members of the sex education advisory board shall be parents who have a child attending a school operated by the school district, and a majority of these parent members shall be individuals who are not employed by a school district. The board of a school district shall include pupils of the school district, educators, local clergy, and community health professionals on the sex education advisory board. Written or electronic notice of a sex education advisory board meeting shall be sent to each member at least 2 weeks before the date of the meeting. The advisory board shall do all of the following:
(a) Establish program goals and objectives for pupil knowledge and skills that are likely to reduce the rates of sex, pregnancy, and sexually transmitted diseases. This subdivision does not prohibit a school district from establishing additional program goals and objectives that are not contrary to this section, section 1169, or section 1507b.
(b) Review the materials and methods of instruction used and make recommendations to the board of the school district for implementation. The advisory board shall take into consideration the school district's needs, demographics, and trends, including, but not limited to, teenage pregnancy rates, sexually transmitted disease rates, and incidents of student sexual violence and harassment.
(c) At least once every 2 years, evaluate, measure, and report the attainment of program goals and objectives established under subdivision (a). The board of a school district shall make the resulting report available to parents in the school district.
(6) Before adopting any revisions in the materials or methods used in instruction under this section, including, but not limited to, revisions to provide for the teaching of abstinence from sex as a method of preventing unplanned or out-of-wedlock pregnancy and sexually transmitted disease, the board of a school district shall hold at least 2 public hearings on the proposed revisions. The hearings shall be held at least 1 week apart and public notice of the hearings shall be given in the manner required under section 1201 for board meetings. A public hearing held pursuant to this section may be held in conjunction with a public hearing held pursuant to section 1169.
(7) A person shall not dispense or otherwise distribute in a public school or on public school property a family planning drug or device.
(8) As used in this section, “family planning” means the use of a range of methods of fertility regulation to help individuals or couples avoid unplanned pregnancies; bring about wanted births; regulate the intervals between pregnancies; and plan the time at which births occur in relation to the age of parents. It may include the study of fetology. It may include marital and genetic information. Clinical abortion shall not be considered a method of family planning, nor shall abortion be taught as a method of reproductive health.
(9) As used in this section and sections 1506 and 1507a:
(a) “Class” means an instructional period of limited duration within a course of instruction and includes an assembly or small group presentation.
(b) “Course” means a series of classes linked by a common subject matter.
SEX ED Legislation
The Michigan Department of Education provides a clear outline and explanation of Michigan Sex Ed School Code in their 2007 summary, HIV/STD and Sex Education in Michigan Public Schools: A Summary of Legal Obligations and Best Practices, which can be found here.
mde outline of sex ed legislation
Michigan’s School Code regarding sex education states the board of a school district “may” provide sex education, but this is not a mandate. 380.1507 (1) . Our schools do not have to provide sex education, and when parents allow the schools to educate our children on such an important subject, we require it be done with utmost integrity and transparency, for the best interest of our children, and in accordance with the law. Michigan's Sex Ed laws are available in their entirety here.
SEX ED LAW
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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 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, 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 be age-appropriate, shall not be medically inaccurate, and shall 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 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.
(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 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 healthy dating relationships and on how to set limits and recognize a dangerous environment.
(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, and sexually transmitted human immunodeficiency virus infection and acquired immunodeficiency syndrome.
Michigan Revised Code 380.1507b Sex education and instruction; curriculum requirements.
Sex Ed curriculum requirements
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complaint process for violation of sex ed law
Michigan Revised Code Section 380.1169 Dangerous communicable diseases; human immunodeficiency virus infection and acquired immunodeficiency virus infection; teacher training; teaching materials; curricula; teaching of abstinence from sex.
380.1169 mandates HIV/AIDS education, which must stress abstinence and be medically accurate. As with sex education, parents must receive notice and may opt out of both sex ed and HIV/AIDS instruction.
Michigan Revised Code Section 380.1170 Physiology and hygiene; instruction; development of comprehensive health education programs; conflict with religious beliefs.
Michigan Revised Code Section 388.1766a Instruction in reproductive health or other sex education; requirements; complaint process.
388.1766a provides a complaint process for violation of Sex Education School Code, with potential financial penalty for a district found in violation of Michigan School Code 380.1507.
additional law
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Michigan Revised Code Section 388.1766a Instruction in reproductive health or other sex education; requirements; complaint process.
388.1766a provides a complaint process for violation of Sex Education School Code, with potential financial penalty for a district found in violation of Michigan School Code 380.1507.
complaint process for violation of sex ed law
additional law
Michigan Revised Code Section 380.1169 Dangerous communicable diseases; human immunodeficiency virus infection and acquired immunodeficiency virus infection; teacher training; teaching materials; curricula; teaching of abstinence from sex.
380.1169 mandates HIV/AIDS education, which must stress abstinence and be medically accurate. As with sex education, parents must receive notice and may opt out of both sex ed and HIV/AIDS instruction.
Michigan Revised Code Section 380.1170 Physiology and hygiene; instruction; development of comprehensive health education programs; conflict with religious beliefs.
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380.10 Rights of parents and legal guardians; duties of public schools. MICHIGAN REVISED SCHOOL CODE
“It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children. The public schools of this state serve the needs of the pupils by cooperating with the pupil’s parents and legal guardians to develop the pupil’s intellectual capabilities and vocational skills in a safe and positive manner.”
liberty counsel and alliance defending freedom are excellent resources if legal counsel is needed regarding education issues.
Please Note: The contents of this website are not intended to be legal advice. Michigan Sex Ed School Code is included for awareness and as a resource for parents. Alliance 114 makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the content of this page. Contact the Michigan Department of Education or seek legal counsel for any interpretation of the law related to your specific situation or district concerns.
There is a growing demand in our culture for adherence to a set of sexuality beliefs, requiring compelled thoughts, speech, actions to demonstrate support, and now compelled parenting and sexualization of our children through school. Under Michigan law, the care and upbringing of children is the responsibility of parents, not schools. The parental right and religious and conscious freedom of parents to provide for the care and upbringing of their own children is protected by Michigan law and the Constitution of the United States.
We desire to protect parental rights and student innocence, as Michigan legislation has historically done. We desire positive health outcomes for all children. Educating children at young ages about sexuality and all manners of sexual pleasure (oral, anal, polyamory, consent at young ages, etc.) is not best for their physical or emotional well being, nor is directing children away from the guidance of their parents in obtaining medical care.
If Michigan school districts wish to offer Sex Ed, we advocate for abstinence based Sexual Risk Avoidance curriculum (SRA) such as what is offered through ASCEND, which demonstrates the healthiest outcomes for students, supported by United States HHS data and policy. In communities where there is a substantial divide over what parents desire to be taught in Sex Ed, districts could choose to offer 2 modules, as would be respectful of the beliefs of all parents. Parents can respectfully disagree on sexuality issues, and allow each other the dignity and freedom to raise their own children according to their own beliefs. Mutual respect and freedom is supportive of ALL parents, and is supported by Michigan law.
The bureaucracies in Michigan have created a strong network advocating for Planned Parenthood aligned Comprehensive Sex Education content to be brought to our children through our public schools. We stand against the over sexualization of children, and against the division Comprehensive Sex Education brings to communities. The over sexualization of children and overriding the sexual ethics taught by parents (whether through Sex Ed, library and classroom books, content slipped into core classes, assemblies and/or lunch time programs) is simply outside of the legal role of public schools, and is especially egregious when done without parental consent or the ability to opt out. If bureaucrats and districts continue to push for a role in a child's life not granted to them by law, Michigan parents will need to look to alternative school options to educate their children. Alternately, Sex Ed and sexuality content could be left to parents outside of the school setting, as “It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children.”
We ask Michigan legislators to stand strong in their support of student innocence, parental rights, local district control, and absolute transparency in regards to decision making on sexuality materials to be taught and made available to Michigan children in the public school setting. Further, we advocate for no expansion of medical services in schools without parental consent and knowledge, to include the dispensing of contraception, the facilitation of abortion to students, and the facilitation of medical gender transition of children.
role of parents & schools
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