Sex Ed/HIV Legislation


  • There are several Michigan laws surrounding legal obligations for HIV/STD and Sex Education in Michigan Public Schools

    Summary of Seven HIV/STD and Sex Education Michigan Public School Requirements

    From the summary:

    Sex Education Advisory Board Membership

    Every district that chooses to implement sex education must have a sex education advisory board. The local school board determines the terms of service, the number of members, and a membership selection process that reasonably reflects the school district population. The advisory board must include: parents of children attending the district’s schools, pupils in the district’s schools, educators, local clergy, and community health professionals. At least half of the members must be parents who have a child attending a school operated by the school district. A majority of those parent members must not be employed by a school district. Members must be given two weeks written or electronic notice of meetings. (§380.1507)

    Mandated HIV and Allowed Sex Education

    School districts are required to teach about dangerous communicable diseases, including, but not limited to, HIV/AIDS. §380.1169 Instruction regarding dangerous communicable diseases, including, but not limited to, HIV/AIDS, must be offered at least once a year at every building level (elementary, middle/junior, senior high).

    Parental Rights and Exclusion From Instruction For HIV/AIDS and Sex Education Instruction

    Parents and/or legal guardians must be notified in advance of: The content of the instruction. Their right to review materials in advance. Their right to observe instruction. Their right to excuse their child without penalty. (§380.1507, §388.1766) For sex education only, if a parent or legal guardian files a continuing written notice (i.e., a request to have their child permanently excluded from sex education classes), the student shall not be enrolled in the class(es) unless the parent or legal guardian submits a written authorization for that enrollment. (§380.1507a)

    Required Content Including Emphasis on Abstinence

    Instruction in HIV/AIDS and sex education must stress that abstinence from sex is a responsible and effective method of preventing unplanned or out-of-wedlock pregnancy and that it is the only protection that is 100% effective against unplanned pregnancy, sexually transmitted disease, and sexually transmitted HIV infection and AIDS. (§380.1169, §380.1507, §380.1507b) Instruction in HIV/AIDS must include the principal modes by which dangerous communicable diseases are spread and the best methods for the restriction and prevention of these diseases. (§380.1169)

    Teacher Training

    Each person who teaches K-12 pupils about HIV/AIDS shall have training in HIV and AIDS education for young people. (§380.1169) In order to teach sex education, teachers must be qualified to teach health. (§380.1507) At the secondary level, this means teachers must have either the MA (health), MX (health, physical education, recreation and dance), or KH (family and consumer science) endorsement. In addition, ongoing professional development for teachers is strongly recommended. The Office of Professional Preparation Services at MDE accepts applications from districts for full-year permits that allow certified teachers to teach without the required endorsements, while pursuing coursework toward earning the endorsement.

    Complaint Process

    If a parent or legal guardian of a pupil enrolled in a district or intermediate district (ISD) believes that the district or intermediate district has violated the following sections of Michigan law pertaining to HIV/AIDS instruction or sex education (§380.1169, §380.1506, §380.1507, §388.1766a), the person can file a complaint with the superintendent or chief administrator of the district or ISD in which the pupil is enrolled. The district has 30 days to investigate, provide a written report, and if violations are found, develop a plan for corrective action. The district has an additional 30 days to take corrective action. If the parent is not satisfied with the investigation or findings made by the superintendent, the parent can appeal the findings to the ISD in which the district is located. The ISD has 30 days to investigate, provide a written report, and if violations are found, develop a plan for corrective action. The district has an additional 30 days to take corrective action. If the parent is not satisfied with the investigation or findings made by the ISD superintendent, the parent can appeal the findings to the MDE. The MDE has 90 days to investigate, provide a written report, and if violations are found, develop a plan for corrective action. The district has an additional 30 days to take corrective action. (§380.1766)