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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
educational facilities; abortion; prohibited activities
Purpose
Prohibits a public educational institution from encouraging or facilitating an abortion and prohibits a public school from allowing an abortion provider to provide health education instruction or distribute any health education materials from the abortion provider. Allows the Superintendent of Public Instruction (SPI), if outlined circumstances are met, to withhold a public school's apportionment of Basic State Aid for a violation of the prescribed prohibition on allowing an abortion provider to provide health education instruction or materials.
Background
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 abortion; or 2) allow any presentation during instructional time or furnish any materials to pupils as part of any instruction that does not give preference, encouragement and support to childbirth and adoption as preferred options to elective abortion. A facility that is run by or that operates on the property of a public educational institution may not perform or provide an abortion, unless the abortion is necessary to save the life of the woman having the abortion. A public educational institution means: 1) a community college; 2) a public university; 3) a school district, including schools within the school district; 4) a charter school; 5) an accommodation school; and 6) the Arizona State School for the Deaf and Blind (A.R.S. § § 15-115 and 15-115.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a public educational institution or an employee of a public education institution who is acting in the employee's official capacity from encouraging or facilitating an abortion.
2. Prohibits a public school from allowing an abortion provider or a medical facility or organization that refers patients to an abortion clinic to:
a) provide health education instruction in the school;
b) provide health education instructional programs or curricula to the school or school employees; or
c) distribute or display any health education materials or media in the school, if the materials or media are created, paid for or donated by the abortion provider or bear an identifying mark of the abortion provider.
3. Allows the SPI, if the Arizona Department of Education (ADE) determines that a public school is not in compliance with the prohibition on allowing an abortion provider to provide health education instruction or materials and, if the public school fails to correct the noncompliance within 90 days after receiving notice from ADE, to withhold any portion of a public school's apportionment of Basic State Aid from the date of the determination of noncompliance until ADE determines that the public school is complying with the prescribed prohibition.
4. Specifies that an abortion provider includes:
a) an abortion clinic;
b) any entity that controls, is controlled by or is under common control with an abortion clinic;
c) any entity that is a party to a franchising, licensing or a similar agreement with an abortion clinic; and
d) any individual who is acting as an employee or representative of an abortion clinic or an aforementioned entity.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
GOV 1/12/26 DP 4-3-0-0
3rd Read 2/26/26 31-23-6
Prepared by Senate Research
March 12, 2026
AN/ci