PREFILED DEC 09 2025
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REFERENCE TITLE: public educational institutions; adoption information |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2040 |
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Introduced by Representatives Keshel: Fink, Martinez
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AN ACT
amending title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-115.02; amending section 15-711, Arizona Revised Statutes; relating to public educational institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-115.02, to read:
15-115.02. Public educational institutions; required disclosures
A public educational institution as defined in section 15-115.01 shall provide to students information relating to the current adoption practices in the United States and where a student may find adoption-related resources and support in this state each time that an employee of the public educational institution does any of the following in the employee's official capacity:
1. Discusses contraception, sexually transmitted diseases or sexually transmitted infections with students.
2. Dispenses contraception at the school or to students.
3. Provides testing to students for one or more sexually transmitted diseases or sexually transmitted infections.
Sec. 2. Section 15-711, Arizona Revised Statutes, is amended to read:
15-711. Sex education instruction; minimum grade; parental review of curricula; sexual conduct with a minor; information relating to adoption; review and approval of course of study; public hearings and input
A. School districts and charter schools may not provide sex education instruction before grade five.
B. Before a parent provides written permission for the parent's child to participate in any sex education curricula, the school district or charter school shall make the sex education curricula available for the parent's review online and in person pursuant to section 15-102, subsection A, paragraph 2. The school district or charter school shall notify parents where the sex education curricula are available for review at least two weeks before any instruction is offered pursuant to this section.
C. Each school district or charter school with existing sex education curricula shall include instruction on all of the following:
1. The laws relating to sexual conduct with a minor for pupils in grades seven, eight, nine, ten, eleven and twelve.
2. The current adoption practices in the United STates.
3. Adoption-related resources and support in this state.
4. The provisions of section 13-3623.01.
D. Each school district or charter school may develop its own sex education course of study or adopt an existing sex education course of study to meet the requirements of this section.
E. Before a school district or charter school offers sex education instruction, the school district governing board or charter school governing body shall review and approve the sex education course of study that is developed, adopted approved, revised or updated pursuant to this section. The governing board or governing body:
1. Shall provide parents with a meaningful opportunity to participate in, review and provide input on any proposed sex education course of study before it is adopted approved.
2. May not approve a course of study unless it complies with this section.
F. Before approving any sex education course of study developed, adopted approved, revised or updated pursuant to this section, the school district governing board or charter school governing body shall do all of the following:
1. Require that all meetings of committees that are authorized for the purposes of reviewing and selecting the sex education course of study be publicly noticed at least two weeks before occurring and be open to the public pursuant to title 38, chapter 3, article 3.1.
2. Make any proposed sex education course of study available and accessible for review and public comment for at least sixty days before the governing board or governing body decides whether to approve that course of study.
3. Conduct at least two public hearings within the sixty-day period before the governing board or governing body decides whether to approve any course of study. Public comment may include written comments, oral comments and comments submitted through email.
G. A school district or charter school is not required to provide sex education instruction to pupils. If a school district or charter school decides to provide sex education instruction after school hours, this section and section 15-102 apply.
H. This section does not prohibit age and grade appropriate classroom instruction regarding child assault awareness and abuse prevention.