public educational institutions; adoption information, the official text

PREFILED    DEC 09 2025

REFERENCE TITLE: public educational institutions; adoption information

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2040

Introduced by

Representatives
Keshel: Fink, Martinez

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:

START_STATUTE15-115.02. 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:

START_STATUTE15-711. 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.