Assigned to K-12 ED                                                                                                                       FOR COMMITTEE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

FACT SHEET FOR S.B. 1417

family information and youth protection

Purpose

            Directs public schools that teach abstinence-only education to provide annual notice to the parents or legal guardians of students detailing information not delivered through abstinence-only education. Describes parental rights related to abstinence-only curriculum.

Background

            Authorized in 1981, the federal Adolescent Family Life (AFL) Program provided grants for projects related to family involvement, adolescent sexual abstinence and care services to expectant and parenting teenaged children. Congress authorized the Personal Responsibility and Work Opportunity Reconciliation Act in 1996, which appropriated $250 million over five years in funding to states for programs that teach abstinence from sexual activity outside of marriage. Under this Act, states and community groups must match every four federal dollars received with three state dollars. Reauthorized in June 2004, federal funds continue to be available to states.

            In 1999, Congress created new abstinence-only-until-marriage programs through the Maternal and Child Health Block Grant’s Special Projects of Regional and National Significance (SPRANS) Program. The SPRANS Program allows community-based organizations that adhere to the eight-point definition of abstinence education to apply for grant money directly from the Department of Health and Human Services.

            In FY 2005-2006, the state Legislature appropriated $1 million from the state General Fund for abstinence-only education. The Arizona Abstinence Education Program is a statewide program administered by the Arizona Department of Health Services (DHS). These funds support community-based prevention programs to promote abstinence and decision making to school-aged children and high-risk adults. In addition, program funds support a website for young persons that includes information on abstinence education. According to DHS,  the Program includes a network of nine local projects in seven counties that provide abstinence education throughout the state.

            There is no anticipated fiscal impact to the state General Fund. Impacted schools may incur administrative costs for production and distribution of the annual notice to parents and legal guardians.

Provisions

1. Requires the principals of public schools that teach abstinence-only education to provide annual notice to the parents or guardians of students that abstinence-only education does not provide information concerning sexually transmitted diseases, contraception, relationships and sexuality.

2. Stipulates that parents have the right to review a school’s abstinence-only curriculum in its entirety, including written and audio visual education materials.

3. Requires the principals of public schools that teach abstinence-only education to notify parents of their ability to withdraw their children from abstinence-only education.

4. Prohibits disciplinary sanctions against students whose parents decline to permit them to receive abstinence-only education.

5. Requires schools to notify parents or guardians of students eligible to receive abstinence-only education upon the student’s initial enrollment of the opportunity to view and comment on the schools abstinence-only education curriculum through the school district governing board or an alternative process.

6. Provides guidelines for parents or guardians of students to file a complaint with the school district superintendent and school district governing board if they believe schools failed to provide notice of their opportunity to view and comment on their school’s abstinence-only education curriculum. Requires the school district superintendent and the school district governing board to take any corrective action if deemed warranted.

7. Requires the Superintendent of Public Instruction to take corrective action against school districts that fail to provide notification to the parents or guardians of students regarding abstinence-only education and may recommend that the school district be prohibited from accepting state and federal abstinence-only funds for at least one calendar year.

8. Contains an intent section with findings and declarations relating to teenage pregnancy, sexually transmitted diseases and contraceptives. Declares that the legislation inherent in the bill be cited as the “Family Information and Youth Protection Act.”

9. Becomes effective on the general effective date.

Prepared by Senate Research

February 13, 2006

DN/jas