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...have made numerous attempts undermine local control in order to guarantee that schools take a strict abstinence-only-until-marriage approach.
The latest round of legislative challenges to sexuality education in Michigan sought to require an abstinence-only approach but, when the battle was over, fell just short of that goal. However, legislators were able to pass amendments to the law, which will have an effect on sexuality education.
Michigan legislators know that they do not yet have the votes to get an abstinence-only curriculum codified by law, and if they did, our progressive governor would veto the measure. However, we lose a little more ground every time this battle is waged.
With the most recent amendments, the law governing the sexuality education curriculum now mentions six times that "... the teaching under this section shall stress that abstinence from sex is a responsible and effective method ... and is a positive lifestyle for unmarried young people." The new rules affect curriculum advisory boards, the definition of a class, and the role of controversial topics such as condoms and abortion. In addition, for the first time rules include penalties for schools that do not comply.
THE NEW RULES
Curriculum Advisory Boards. The new legislation changes the composition of Sexuality Education Advisory Boards, which are mandated in every school district. The changes now require each committee to have two co-chairs, at least one of whom is the parent of a child in the school district; at least one-half of the members must be parents of children in the school district; the majority of the parents on the committee shall not be employees of the district; and, members shall include students in the district, educators, local clergy, and community health advisors.
The original bill required that the chair of the advisory board be a parent in the district. We fought hard for the "co-chair" compromise because the advisory board can greatly influence the direction of the curriculum and it must be led by someone who has a sound understanding of not only the issues, but the legal duties of the district. For this reason, most advisory boards are headed by a professional educator specializing in health curriculum development.
Defining a Class. Another amendment caused substantial concern because it expanded the definition of "class" to include an instructional period, an assembly, and a small group presentation. The apparent intent of the new definition is to prohibit school counselors from giving information about birth control options or pregnancy advice to students who request help in private. Very often, a scared teen facing the possibility of being pregnant will turn to a school counselor or favorite teacher. This change in the law may make school employees reluctant to meet with students, leaving many teenagers with no one in whom to confide.
Medical Accuracy. We were able to retain the requirement that curriculum materials and instruction be "medically accurate." Medical accuracy causes battles each time attempts are made to change this law. Those two little words, "medically accurate," are critically important because of the proliferation of inaccurate information claiming that birth control medication and devices, such as condoms, are either ineffective or actually dangerous. In some districts, advisory committees become contentious because a strong group of members with an 'agenda' insist that medically inaccurate information be included in the curriculum. This requirement prohibits that from happening.
No Condoms. As is the case in many states, Michigan law prohibits anyone from dispensing or otherwise distributing in a public school or on public school property a family planning drug or device. So, no condoms. In addition, clinical abortion may not be mentioned as an option for a pregnant woman. These prohibitions discourage taking a comprehensive approach to sexuality education.
Penalties for Violations. A follow-up bill (SB 944), working its way through the legislature, would penalize schools for violating any of these provisions. According to the proposed law (which is expected to pass), any parent who believes an employee of the school district has deviated from the mandated state requirements may file a complaint with the school district. The complaint has to be investigated and a determination made within 30 days. The complainant may then appeal either to the Intermediate School District or to the Department of Education, whichever is the next rung on the chain of command. A district found to be in violation of the law stands to lose 1% of its state aid and the Department of Education can assess a fee for the cost of the investigation. In Michigan, public education is largely funded through the state; a 1% reduction from the state will force any afflicted Michigan school district to cut programming.
THE FUTURE OF SEXUALITY EDUCATION IN MICHIGAN
What is most unfortunate about the devolution of sex education in Michigan is that, sooner or later, schools will simply choose not to offer sex education because of the many restrictions placed on them. This response is not merely sad; it is also potentially dangerous. For many students, school is the only place they get vital information about their reproductive health.
As states increase restrictions on curricula, districts lose their ability to determine which curriculum is best for their particular population. The sexuality education curriculum in an urban district focuses on widely different issues than that of a rural school district. As states enforce restrictions through punitive means, and sexuality education programs become a financial liability, districts will have little choice but to cut them. In this battle between abstinence-only programs and a comprehensive sexuality education curriculum, the students are the only victims.
The book was on the school district's list of approved materials and had been taught the previous semester with no complaints. The teacher defended the book's value saying "a healthy, well-adjusted 14- or 15-year-old would not have any difficulty handling the scene" and that he is concerned that "the expertise of the districts' top professionals has been trumped by a narrow viewpoint." (8) The district review committee rejected the parents' challenge citing the novel's "artistic merit" and "sensitive treatment of sexual content." (9)
The decision, however, was overruled by the super-intendent and the book was pulled from the 9th grade reading list. The superintendent also ordered all reading lists for the 2004-05 school year to be presented to the school board for advance approval and sent to parents before the school year begins.
In addition, the school is still deciding whether to implement a "decency policy" to prohibit sexually explicit material in the classroom as well as to prohibit school personnel from being "vulgar, lewd, obscene, plainly offensive, or sexually explicit." The parent who originally complained pulled her son from the class and filed a complaint against the teacher.
In Wilmington, NC, the controversial book was written for young readers. The parents of a first-grader at Freeman Elementary School filed a complaint with the school after their 7-year-old daughter brought King and King home from the school library. The book, written by two Dutch authors for ages 6 and up, tells the story of a character named Prince Bertie who falls in love with a character named Prince Lee. The book ends with the two princes kissing, their lips obscured by a picture of a heart.
The father said his daughter is "not old enough to understand something like that, especially when it is not in our beliefs." (10) "If this book is going to be allowed," he argued, "I believe it ought to be allowed on more of a high school level." (11) The school principal countered, saying "We have a lot of diversity in our schools ... What might be inappropriate for one family, in another family is a totally acceptable thing." (12)
An additional complaint was filed by another family, and a school committee ultimately voted 8-3 to put the book under lock and key so that only adults, including parents...
NOTE: All illustrations and photos
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