ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: ED DPA 6-4-0-1 | 3rd Read 31-28-1-0

Senate: ED DP 5-3-0-0 | 3rd Read 16-12-2-0

Final Pass: 31-23-6-0

HB 2495: schools; sexually explicit materials; prohibition

Sponsor: Representative Hoffman, LD 12

Transmitted to the Governor

Overview

Prohibits a public school from referring students to or using any sexually explicit material in any manner unless the material meets prescribed criteria.

History

A public educational institution (a school district, charter school, an accommodation school and the Arizona State Schools for the Deaf and the Blind) must obtain signed, written consent from a student's guardian before using video, audio or electronic materials that may be inappropriate for the age of the student and providing sex education instruction (A.R.S. § 15-113).

Additionally, a school district or charter school must obtain written informed consent from a student's guardian before administering any survey that is retained for more than one year and that solicits personal information regarding sexual behavior or attitudes (A.R.S. § 15-117).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits a public school from referring students to or using any sexually explicit material in any manner. (Sec. 1)

2.   Allows a public school to refer students to or use sexually explicit material if:

a)   The exempted material possesses serious educational value for minors or serious literary, artistic, political or scientific value;

b)   The public school requires written parental consent on a per-material basis before referring a student to or using the exempted material; and

c)   The public school provides students with an alternative assignment that does not contain sexually explicit material if the school does not secure parental consent. (Sec. 1)

3.   Defines sexually explicit materials to include textual, visual or audio materials or materials accessed via any other medium that depict sexual conduct, sexual excitement or ultimate sexual acts. (Sec. 1)

4.   Defines sexual conduct, sexual excitement and ultimate sexual acts. (Sec. 1)  

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8.                     HB 2495

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