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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
fetal and prenatal development; instruction
Purpose
Prohibits a public school from allowing an abortion provider or medical facility or organization that refers patients to an abortion clinic to provide, distribute or display any health education instruction, materials or curricula. Requires the State Board of Education (SBE) to adopt age-appropriate academic standards in the area of science that require prescribed instruction on fetal and prenatal human development.
Background
The SBE must prescribe a minimum course of study, academic standards and competency requirements for common schools and high schools. The SBE-prescribed competency requirements must include the academic standards in at least the areas of reading, writing, mathematics, science and social studies as adopted by the SBE. A school district governing board must prescribe curricula according to the SBE-prescribed academic standards and approve courses of study, units that are recommended for credit and instructional materials. The SBE's rules require students to demonstrate competency in the subject of health and physical education, including mental health (A.R.S. §§ 15-701; 15-701.01; 15-721; 15-722; and A.A.C. R7-2-301).
The SBE, in
adopting the course of study and competency requirements, must require that all
health instruction include mental health instruction. Mental health instruction
may be included in a health course or another existing course and must
incorporate the multiple dimensions of health by including mental health and
the relationship of physical and mental health (A.R.S.
§ 15-701.03).
An abortion clinic is a facility, other than a hospital, in which five or more first trimester abortions are performed in any month or in which any second or third trimester abortions are performed (A.R.S. § 36-449.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a public school from allowing an abortion provider or 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 that are created, paid for or donated by the abortion provider or bear an identifying mark of the abortion provider.
2. Allows, if ADE determines that a public school is not in compliance with the prohibition and the school fails to correct the noncompliance within 90 days after receiving notice, the Superintendent of Public Instruction to withhold any portion of the school's apportionment of state aid from the date of the determination of noncompliance until ADE determines that the public school complies with the prohibition.
3. Requires the SBE to:
a) determine the grade level or levels in which instruction on fetal and prenatal development is appropriate;
b) adopt academic standards in the area of science that require prescribed instruction on fetal and prenatal human development that is age-appropriate, factual and focused on only prenatal human development as a biological process;
c) include instruction on fetal and prenatal human development in outlined competency requirements in the area of science; and
d) require that the provided instruction be descriptive and age appropriate and not include instruction on sexual activity, sexual behavior, contraception, abortion procedures or reproductive decision-making.
4. Requires the prescribed fetal and prenatal development instruction to include prenatal human development that explains the biological process by which a human develops from a single cell, through successive stages, before birth.
5. Requires the prescribed fetal and prenatal development instruction to include fertilization and early cellular development, including:
a) the formation of a zygote through the union of human reproductive cells;
b) early cell division and growth;
c) the development of a blastocyst; and
d) implantation of the blastocyst into the uterine wall.
6. Requires the prescribed fetal and prenatal development instruction to include the stages of prenatal development, including an overview of:
a) the germinal stage that describes early development from the time of fertilization until the time of implantation;
b) the embryonic stage that describes the early structural formation, including the development of foundational tissues and early organ systems; and
c) the fetal stage that describes the growth and maturation of organs and body systems from approximately the ninth week of development until birth.
7. Requires the prescribed fetal and prenatal development instruction to include major developmental milestones, including:
a) the formation of the brain and spinal cord;
b) the development of the heart and circulatory system; and
c) the formation of limbs, facial features and other identifiable human structures.
8. Requires the prescribed fetal and prenatal development instruction to include supporting biological structures that are necessary for development, including:
a) the amniotic sac and amniotic fluid and their protective functions;
b) the placenta and its role in removing waste and providing nutrients and oxygen; and
c) the umbilical cord and its function as a connection between the fetus and the placenta.
9. Requires the prescribed fetal and prenatal development instruction to include general principles of healthy prenatal development, including only biological and physiological factors that support normal growth and organ development.
10. Stipulates that the prescribed instruction is not sex education and may not be classified as sex education for the purposes of parental consent or opt-out requirements.
11. Defines abortion provider to include:
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 similar agreement with an abortion clinic; and
d) any individual who is acting as an employee or representative of any of the outlined entities.
12. Defines abortion clinic.
13. Becomes effective on the general effective date.
House Action
ED 2/10/26 DP 8-4-0-0
3rd Read 2/26/26 31-21-8
Prepared by Senate Research
March 23, 2026
MM/SDR/hk