Instruction in Sex Education
Instruction in sex education may be offered in the District in conformity with the requirements of Arizona law.
A public school shall not refer students to or use any sexually explicit material in any manner except as provided in a Governing Board-approved sex education program. Materials may be exempted from this requirement if the materials meet the definition of A.R.S. 15-120.03(B), listed in Regulation IHAMB-R.
The school shall obtain signed, written consent from a student's parent or guardian before doing either of the following:
A. Using video, audio or electronic materials that may be inappropriate for the age of the student.
B. Providing sex education instruction to the student. At the same time the public educational institution seeks consent, it shall inform the student's parent or guardian of the parent's or guardian's right to review the instructional materials and activities.
School districts and charter schools may not provide sex education instruction before grade five (5).
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 A.R.S. 15-102(A)(2). The school district or charter school shall notify parents where the sex education curricula are available for review at least two (2) weeks before any instruction is offered pursuant to A.R.S. 15-711.
A school district or charter school with existing sex education curricula shall include instruction on the laws relating to sexual conduct with a minor for pupils in grades seven (7) through twelve (12).
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 shall review and approve the sex education course of study that is developed, adopted, revised, or updated.
The governing board or governing body:
A. 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.
B. May not approve a course of study unless it complies with A.R.S. 15-711.
Before approving any sex education course of study developed, adopted, revised, or updated pursuant to A.R.S. 15-711, the school district governing board or charter school governing body shall do all of the following:
A. 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 (2) weeks before occurring and be open to the public pursuant to Title 38, Chapter 3, Article 3.1.
B. Make any proposed sex education course of study available and accessible for review and public comment for at least sixty (60) days before the governing board or governing body decides whether to approve that course of study.
C. Conduct at least two (2) public hearings within the sixty (60)-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 e-mail.
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, A.R.S. 15-711 and A.R.S. 15-102 apply.
Statute does not prohibit age and grade appropriate classroom instruction regarding child assault awareness and abuse prevention.
Certification of Compliance
The District shall certify, under the notarized signatures of both the Governing Board President and the Superintendent, compliance with A.A.C. R7-2-303. Acknowledgment of receipt of the compliance certification from the State Board of Education is required as a prerequisite to the initiation of instruction. Certification of compliance shall be in a format and with such particulars as shall be specified by the Department of Education.
Instruction on Acquired Immune
Deficiency Syndrome and Human
Immunodeficiency Virus
The District may provide instruction in kindergarten (K) through grade twelve (12) on acquired immune deficiency syndrome and the human immunodeficiency virus as authorized by Arizona law.
If instruction is to be offered at one (1) or more grade levels, the Superintendent shall develop and implement regulations on such instruction that conform to Arizona law.
Promotion of Childbirth
The District shall not endorse or provide financial or instructional program support to any program that does not present childbirth and adoption as preferred options to elective abortion.
The District shall not 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.
Adopted: September 12, 2022