Michigan

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Michigan received $3,564,458 in federal funding for abstinence-only-until-marriage programs in Fiscal Year 2003.¹

Michigan Sexuality Education Law

Michigan does not require schools to teach sexuality education, but the state does require schools to provide sexually transmitted disease (STD) and HIV/AIDS education. STD/HIV education must include "the teaching of abstinence from sex as a responsible method for restriction and prevention of these diseases and as a positive lifestyle for unmarried young people."

All teachers of STD/HIV education who are not licensed healthcare professionals must be trained in HIV/AIDS education by the Department of Education.

Schools may also offer sexuality education classes which cover family planning, human sexuality, and family life education. As with STD/HIV education, abstinence must be included as "a responsible method of preventing unwanted pregnancy and sexually transmitted disease and as a positive lifestyle for unmarried young people." Sexuality education classes must be offered as an elective and may not be required for graduation. All sexuality education classes must be taught by teachers qualified to teach health education.

School boards must establish an advisory board to review all materials and curricula. This advisory board must include parents, students, educators, clergy, and health professionals.

The law further states that all instruction in reproductive health "shall be supervised by a registered physician, a registered nurse, or other person certified by the state board as qualified." Reproductive health is defined as "the state of an individual's well-being which involves the reproductive system and its physiological, psychological, and endocrinological functions." Abortion "shall not be considered a method of family planning, nor shall abortion be taught as a method of reproductive health." All curricula must be approved by the local school board and if any changes are made, the local school board must hold at least two public hearings on the revisions.

Parents must receive notification of any sexuality education classes and be allowed to review the content of the sexuality education class. Parents or guardians can exempt their children from any part of the STD/HIV instruction if it conflicts with their religious beliefs. This is referred to as an "opt-out" policy.

See Michigan School Code Sections 380.1169, 380.1170, 380.1506, and 380.1507.

Recent Legislation

The Michigan legislature carried bills over from the 2003 to the 2004 session. Michigan's legislature meets throughout the year.

Bills Strengthening Abstinence Requirements

On April 27, 2004, the Michigan Senate approved Senate Bill 943 and Senate Bill 944, originally introduced in February 2004. The bills are intended to "strengthen" current abstinence laws by requiring schools to "stress" abstinence until marriage, teach "medically accurate" information on HIV/AIDS, and stress that abstinence is an effective method of preventing "unplanned or out-of-wedlock pregnancy and sexually transmitted disease." The bills also establish a formal process for parents to report schools not in compliance, give the state the authority to withhold one percent of a school's funding for noncompliance, and establish guidelines for a health education advisory board. While current law established that "family planning drugs or devices" cannot be distributed in a public school, Senate Bill 943 expands the prohibition to all public school property.

The bills were sent to the House where related bills House Bill 5477 and House Bill 5478 were introduced in February 2004. On May 20, 2004, SB 943 was amended and passed the House. Amendments included small changes to the parental notification requirement and the sex education advisory board. Further, the amended bill extends the reach of the bill to assemblies, small group discussions, and any presentations to two or more students. The amended bill also states that the bill does not prohibit public schools from offering sex education that includes information about risk reduction strategies that "are not 100% effective against" unplanned pregnancy, STDs, HIV and AIDS. As of press time, Senate Bill 943 has been returned to the Senate for concurrence.

New Law Requires Inclusion of Legal Consequences of Sex in Sex Education Curriculum

An amendment to Michigan's School Aid Act for FY 2004 requires that all school districts with sex education courses include information in the curricula on the legal consequences of having sex with a minor. In the state, having sex or sexual contact with a minor under the age of 16 is a crime punishable by up to three years imprisonment. This is true even if the sexual contact is consensual. If convicted, the perpetrator's name will also be listed on the state's sex offender registry for at least 25 years. School districts that do not follow the new law could lose five percent of their state aid.

The new law took effect on October 1, 2003.

Requirement for Medically Accurate Sex Education

House Bill 4646, introduced on May 6, 2003 and referred to the Committee on Education, would require that school boards provide instruction in medically accurate, age-appropriate, comprehensive sexuality education for all grade levels. Further, any instruction on disease prevention must be factually and medically accurate. The bill would also require that teacher training and curricula choice be controlled by local boards rather than state boards and that public hearings be held for any proposed curricula changes, including abstinence-based changes.

At press time, no further action has been taken.

Parenting Education Requirement

House Bill 4101, introduced on January 29, 2003, would require that "life management" be taught to children starting in kindergarten. Life management is defined as parenting education, intended to teach children about the responsibilities of parenthood. If such instruction includes any sexuality education, it must be submitted to and approved by the sex education advisory board.

At press time, no further action has been taken.

Bill Would Make Sexuality Education Elective, Delete Parental Opt-Out Provision

House Bill 5359, introduced in December 2003, would make sexuality education courses elective and not a requirement for graduation. The bill also deletes language supporting a parental opt-out provision but maintains that parents must be notified and given an opportunity to review materials used in the course.

At press time, no further action has been taken.

Resolution Recognizing Work of Crisis Pregnancy Centers

Michigan House Resolution 167, introduced in November 2003 and reported out of the House Committee on Health Policy in February 2004, urges Congress and the State of Michigan to provide assistance to crisis pregnancy centers. The resolution recognizes that "many pregnancy care centers across the country also offer classes in abstinence education, including programs carried out in schools."

At press time, no further action has been taken.

Resolution Urging Public Universities to Examine Classes on Sexuality

House Resolution 141, introduced in October 2003, urges "Michigan's public universities to reexamine all class offerings and refrain from offering classes or university-sanctioned activities that promote or facilitate participation in a sexual lifestyle or practices other than heterosexual monogamy."

The resolution was offered in response to a class called "How to be Gay: Male Homosexuality and Initiation" offered at a state university.

At press time, no further action has been taken.

Events of Note

Gay Straight Alliance Faces Hesitation from School Administration
February 2003, Rockford, MI

School administrators, in Rockford, MI, were hesitant when approached by a freshman student about starting a gay straight alliance (GSA). The school's freshman center principal said, "I don't care if it's a GSA or a heterosexual club, I don't think it's healthy. I'm not convinced that those are positive discussions to have in school away from parents, one 14-year-old to another 14-year-old."²

In order to form a club, a student must submit a purpose statement and find a staff advisor. The district does not have the right to prohibit one student club if it does not treat others in the same way. However, school officials have expressed concern that a club dealing only with sexual issues would be harmful. They have suggested that a club addressing a wider audience, such as embracing all disenfranchised students, would be more effective.

As of June 2004, the GSA has not yet been formed.

Michigan's Youth: Statistical Information of Note³

• In 2003, 42% of female high school students and 45% of male high school students in Michigan reported ever having had sexual intercourse compared to 45% of female high school students and 48% of male high school students nationwide.
• In 2003, 4% of female high school students and 10% of male high school students in Michigan reported having had sexual intercourse before age 13 compared to 4% of female high school students and 10% of male high school students nationwide.
• In 2003, 11% of female high school students and 16% of male high school students in Michigan reported having had four or more lifetime sexual partners compared to 11% of female high school students and 18% of male high school students nationwide.
• In 2003, 33% of female high school students and 30% of male high school students in Michigan reported being currently sexually active (defined as having had sexual intercourse in the three months prior to the survey) compared to 35% of females and 34% of males nationwide.
• In 2003, among those high school students who reported being currently sexually active, 21% of females and 28% of males in Michigan reported having used alcohol or drugs the last time they had sexual intercourse compared to 21% of females and 30% of males nationwide.
• In 2003, among those high school students who reported being currently sexually active, 57% of females and 69% of males in Michigan reported having used condoms the last time they had sexual intercourse compared to 57% of females and 69% of males nationwide.
• In 2003, among those high school students who reported being currently sexually active, 20% of females and 14% of males in Michigan reported having used birth control pills the last time they had sexual intercourse compared to 21% of females and 13% of males nationwide.
• In 2003, 5% of female high school students and 3% of male high school students in Michigan reported ever having been pregnant or gotten someone pregnant compared to 5% of female high school students and 4% of male high school students nationwide.
• In 2003, 89% of high school students in Michigan reported having been taught about AIDS/HIV in school compared to 88% of high school students nationwide.
• In 2000, Michigan's abortion rate was 24 per 1,000 women ages 15-19 compared to a teen abortion rate of 24 per 1,000 nationwide.⁴
• In 2001, Michigan's birth rate was 38 per 1,000 women ages 15-19 compared to a teen birth rate of 45 per 1,000 nationwide.⁵