ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: ED DP 6-5-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2040: public educational institutions; adoption information

Sponsor: Representative Keshel, LD 17

Caucus & COW

Overview

Instructs a public educational institution to provide students adoption-related information and resources if an employee discusses or dispenses contraception or discusses or provides testing for sexually transmitted diseases (STDs) or sexually transmitted infections (STIs).

History

Before a school district or charter school offers sex education instruction, the school district governing board or charter school governing body must review and approve the sex education course of study, subject to public hearing, comment and review requirements. A school district or charter school with existing sex education curricula must include instruction on laws relating to sexual conduct with a minor for 7th-12th grade students (A.R.S. § 15-711).

A parent or parent's agent may voluntarily and anonymously deliver a newborn infant to a safe haven provider, and the provider must take custody of the newborn infant if: 1) the parent did not express an intent to return; and 2) the provider reasonably believes the child is a newborn infant. Statute details the individuals and entities who qualify as a safe haven provider (A.R.S. § 13-3623.01).

Provisions

1.   Requires a public educational institution to provide students information relating to current adoption practices in the United States and where a student may find adoption-related resources and support in Arizona each time an employee of the public educational institution does any of the following in their official capacity:

a.   discusses contraception, STDs or STIs with students;

b.   dispenses contraception at the school or to students; or

c. provides STD or STI testing to students. (Sec. 1)

2.   Instructs each school district or charter school with existing sex education curricula to include instruction on:

a.   the current adoption practices in the United States;

b.   adoption-related resources and support in Arizona; and

c. the provisions of statute relating to safe havens for newborn infants. (Sec. 2)

3.   Defines public educational institution. (Sec. 1)

4.   Makes technical changes. (Sec. 2)

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8.   Initials CH                       HB 2040

9.   2/6/2026    Page 0 Caucus & COW

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