Legal Obligations of Public Schools

Sexuality Education

School Code Sections 1506, 1507

Requirements:

Permissive

Content:

Section 1506 (2)
". . . 'reproductive health' means that state of an individual's well-being which involves the reproductive system and its physiological, psychological and endocrinological functions."

Section 1507 (1)
". . . sex education, including family planning, human sexuality, and the emotional, physical, psychological, hygienic, economic and social aspects of family life.  Instruction may include the subjects of reproductive health and the recognition, prevention and treatment of sexually transmitted disease.  Subject to subsection (6), the instruction in this subsection shall include the teaching of abstinence from sex as a responsible method of preventing unwanted pregnancy and sexually transmitted disease as a positive lifestyle for unmarried young people."

Section 1507 (8)
"Clinical abortion shall not be considered a method of family planning, nor shall abortion be taught as a method of reproductive health."

Parent Notification:

Section 1507 (3)
Parent notification required:

• in advance of instruction

• the content of instruction

• prior opportunity to review the materials to be used

• opportunity to observe the instruction

• right to excuse pupil without penalty or loss of academic credit

Section 1507 (a)
Continuing Written Notice
"If a parent or legal guardian of a pupil files with the public school in which the pupil is enrolled a continuing written notice that the pupil is to be excused from a class described in section 1507, the pupil shall not be enrolled in a class described in section 1507 unless the parent or legal guardian submits a written authorization for that enrollment."

Failure to comply--5% penalty of total state aid
(School Aid Act) 

Public Hearings / Community Input:

Section 1507 (6)
Changes necessitate two public hearings at least one week apart and with public notification (as with school board meetings).

Teacher Qualifications:

Section 1507 (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."
(as determined by the district--20 clock hour training no longer required)

Student Target Group:

Determined by district.

Elective, not graduation requirement but may be included in a required course.

Defined by Section 1507 (9)
(a) " 'Class' means an instructional period of limited duration, not to exceed 2 hours, within a course of instruction.
(b) 'Course' means a series of classes linked by a common subject matter."

Advisory Committee:

Advisory committee required

Section 1507 (5)
"The advisory board shall consist of parents having children attending the district's schools, pupils in the district's schools, educators, local clergy and community health professionals."

Board Action:

Approval required

Supervision:

Supervisor required

Section 1506
"A program of instruction in reproductive health shall be supervised by a registered physician, a registered nurse, or other person certified by the state board as qualified."

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Communicable Disease

HIV / AIDS

School Code Section 1169

Requirements:

Mandated

Content:

Section 1169 (1)
"The principal modes by which dangerous communicable diseases including, but not limited to, human immunodeficiency virus infection and acquired immunodeficiency syndrome, are spread and the best methods for the restriction and prevention of these diseases shall be taught in every public school is this state.  Subject to subsection (3), the teaching under this section shall 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."

Parent Notification:

Section 1507 (3)
Parent notification required:

• in advance of instruction

• the content of instruction

• prior opportunity to review the materials to be used

• opportunity to observe the instruction

• right to excuse pupil without penalty or loss of academic credit

Failure to comply--5% penalty of total state aid
(School Aid Act)

Public Hearings / Community Input:

Section 1169 (3)
Changes necessitate two public hearings, at lease one week apart and with public notice (as with school board meetings).

Teacher Qualifications:

Section 1169 (2)
"Except for licensed health care professionals who have received training on HIV/AIDS, each person who teaches K to 12 pupils about HIV/AIDS pursuant to subsection (1) shall have training in HIV/AIDS education for young people."

(Training of trainers provided by MDE and Department of Community Health.)

Student Target Group:

At lease once each level:  elementary, middle/junior and senior high school.

Advisory Committee:

Recommended - Use of district sex education advisory committee suggested.

Board Action:

Approval required

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Violence and Substance Abuse Prevention

Federal Safe & Drug Free Schools
and Communities Act - SDFSCA

School Code Section 1170

Requirements:

Optional - local education agencies utilizing federal SDFSCA dollars have specific requirements to follow:

• conduct assessment of ATOD and violence program needs

• use assessment results to establish measurable goals

• public report of progress

• coordinate programs with community and other Federal Programs

SDFSCA Program must be coordinated with Goals 2000.

Requires instruction--State School Code-Section 1170 (1) - [see health education column]

Content:

SDFSCA
Local educational agencies shall use funds received to adopt and carry out a comprehensive drug and violence prevention program which shall--

1. Be designed for all students and employees, to:
   A)  prevent the use, possession, and distribution of ATOD by students and to prevent the illegal use, possession, and distribution of ATOD by employees;
   B)  prevent violence and promote school safety; and,
   C)  create a disciplined environment conducive to learning.

2. Include activities to promote involvement of parents and coordination with community groups and agencies, including the distribution of information about the LEA's needs, goals, and programs under this Act.

Allowable Activities:  Comprehensive drug and violence prevention program carried out under this Act may include:

1)  Age-appropriate, developmentally based drug prevention / education, that address the legal, social, personal and health consequences of the use of illegal drugs, promote a sense of individual responsibility and provide information about effective techniques for resisting peer pressure to use illegal drugs.

The State of Michigan Office of Drug Control Policy requires that policy and curriculum reflect a clear "no use" message.

Goal 7 of National Education Goals speaks to safe & drug free environment conducive to learning.

Parent Notification:

Goals 2000, Section 1017
"Prior written consent from parents is required before students can be compelled to submit to a 'survey, analysis or evaluation' that reveals information concerning: (4) illegal, anti-social, self-incriminating, and demeaning behavior."
(Hatch Amendment)

Public Hearings / Community Input:

SDFSCA
Assessment of ATOD and violence programs needs required

Teacher Qualifications:

Training recommended

Student Target Group:

SDFSCA
Student, employee, parent and community components required

Allowable drug prevention education programs provided for all students, from pre-K through 12.

Advisory Committee:

SDFSCA
Advisory council required, mandate to:

• provide input into the application

• disseminate information about the programs

• advise the LEA regarding how to coordinate programs

• review evaluations and make recommendations of how to improve programs

To the extent possible, requires members from:  parents, students, teachers, ATOD/violence prevention specialists, pupil services personnel, law enforcement, private schools, community-based organizations, local government representative, business, medical, appropriate state agencies, other.

Board Action:

Approval recommended