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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
VETOED
public educational institutions; adoption information
Purpose
Requires a public educational institution to provide information relating to current adoption practices in the United States to students if an employee discusses or dispenses contraception or discusses or provides testing for sexually transmitted diseases (STDs) or sexually transmitted infections (STIs). Adds instructional requirements relating to adoption that each school district and charter school must include in the school district's or charter school's sex education curricula.
Background
Each school
district or charter school may develop its own sex education course of study or
adopt an existing sex education course of study. 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 that is developed, adopted, revised or updated. Each
school district or charter school with existing sex education curricula must
include instruction on the laws relating to sexual conduct with a minor for students
in grades 7 through 12. A school district or charter school may not provide sex
education instruction before grade 5
(A.R.S. § 15-711).
A school district or charter school may not: 1) endorse or provide financial or instructional program support to any program that does not present childbirth and adoption as preferred options to elective abortions; or 2) allow any presentation during instructional time or furnish any materials to students that does not give preference, encouragement and support to childbirth and adoption as preferred options to elective abortion (A.R.S. § 15-115).
If a parent or agent of a parent voluntarily delivers the parent's newborn infant to a safe haven provider, the safe haven provider must take custody of the newborn infant if: 1) the parent did not express an intent to return for the newborn infant; and 2) the safe haven provider reasonably believes that the child is a newborn infant. A person is not guilty of abuse of a child solely for leaving an unharmed newborn infant with a safe haven provider (A.R.S. § 13-3623.01).
A public
educational institution means: 1) a community college; 2) a public
university;
3) a school district, including schools with the school district; 4) a charter
school; 5) an accommodation school; and 6) the Arizona State School for the
Deaf and the Blind (A.R.S.
§ 15-115.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a public educational institution to provide information relating to current adoption practices in the United States to students and where a student may find adoption-related resources and support in Arizona each time that the public educational institution employee, in the employee's official capacity:
a) discusses contraception, STDs or STIs with students;
b) dispenses contraception at the school or to students; or
c) provides testing to students for one or more STDs or STIs.
2. Adds, to the instruction that a school district's or charter school's sex education curricula must include, instruction on:
a) the current adoption practices in the United States;
b) adoption-related resources and support in Arizona; and
c) the statutory requirements and protections relating to safe havens for newborn infants.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2040 places onerous burdens on public education institutions that require adoption information to be provided in inappropriate settings.
House Action Senate Action
ED 2/10/26 DP 6-5-0-1 ED 3/18/26 DP 4-2-1
3rd Read 2/26/26 31-23-6 3rd Read 4/1/26 17-13-0
Vetoed by the Governor 4/7/26
Prepared by Senate Research
April 8, 2026
MH/KP/hk