Arizona State Profile

ARIZONA’S STATE OF SEX ED

Current Requirements At a Glance – Sex education is not currently mandated in Arizona. As Arizona schools are not required to provide sex education to students, school districts are left to decide what, if any, type of sex education they provide to youth.

Arizona schools are not required to teach sex education or HIV education.
- If a school chooses to teach sex education, it must stress abstinence.
If HIV education is offered, the curriculum must be medically accurate.
If sex education is offered, curriculum is not required to include instruction on sexual orientation or gender identity.
If sex education is offered, curriculum is not required to include instruction on consent.
Parents or guardians must provide written permission for their children to participate in sex education. This is referred to as an “opt-in” policy.

RECENT LEGISLATION SHAPING THE STATE LANDSCAPE

Advocates have actively worked to advance sex education in Arizona and to defeat restrictive legislation over the past several years. In 2022, House Bill 2192 was introduced by Representative Pamela Powers Hannley (D-9) to change Arizona’s “opt-in” policy to an “opt-out” policy and require sex education to be medically accurate and comprehensive. Senate Bill 1691 was also introduced by State Senator Sally Gonzalez (D-3) in an effort to change Arizona’s “opt-in” policy to an “opt-out” policy, mandate sex education to be medically accurate and age appropriate from K-12 grade, create guidelines for sex education programs in grades K-12, and require the Board of Education to develop minimum standards and training for sex education instructors. While both these bills were unsuccessful, they reflect positive efforts to reform Arizona’s sex education.

Despite these efforts, Arizona was not immune to the wave of coordinated state legislation attacking sex education and other inclusive programs in schools in 2022 . Sex education in the state was dealt a blow when legislators enacted House Bill 2495. Sponsored by Representative Jake Hoffman (R-12), House Bill 2495 prohibits Arizona public schools from using or referring students to sexually explicit material unless the school acquires parental consent and the material is either “Classical Literature,” “Early American Literature,” or required for a course to obtain college credit. In the bill, sexually explicit material includes “masturbation, homosexuality, sexual intercourse or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or if such person is female, breast.” Advocates in the state worry that this law will effectively ban any discussion of LGBTQAI+ identities, if not sex education all together. In addition, numerous bills were introduced under the guise of “parental rights”. These bills represent the opposition’s attempt to attack sex education by stigmatizing vital and important curriculum and requiring additional, unnecessary procedures for consent, review of instructional materials, and advanced notification. While this “parental rights” legislation was ultimately unsuccessful, these bills represent one of the many challenges faced by advocates in Arizona’s legislative landscape.

Unfortunately, House Bill 2495 comes on the heels of the passage of another regressive bill, House Bill 2035 in 2021. This act requires written parental consent for their children to participate in sex education instruction—or any broader instruction related to sexuality—in public and charter schools, and prevents students in grades 1-5 from participating in sex education. “Opt-in” policies such as this create unnecessary hurdles that prevent students from accessing the sex education they have a right to receive.

Local control over sex education presents unique challenges that have resulted in glaring disparities regarding the quality of sex education that students receive. Such discretion allows for the implementation of policies and curriculum that stigmatize marginalized youth, such as students of color and LGBTQAI+ youth, and presents further challenges in ensuring that low income districts have access to the resources needed to implement sex education.

Right now, advocates can take action to ensure young people in their community have access to quality sex education. Particularly, advocates can invest in local school board races to elect strong advocates for sex education. In addition, they can build coalitions to advance positive narratives about sex education that center Native youth and push for a statewide opt-out policy. Advocates can also contact their local school board to determine what topics are missing from sex education instruction, such as instruction on consent, sexual orientation and gender identity, and contraceptives. They can then vocalize the important need for advancing instruction requirements in their community. Advocates are encouraged to take action on pending legislation that seeks to advance or restrict the principles of sex education. For a current overview of pending legislation, see table below. Further, advocates can contact their representatives to discuss the critical need for advancing sex education requirements and allocating additional funding to support districts in implementing more advanced curriculum. Advocates are encouraged to use the SIECUS Community Action Toolkit to guide local efforts and to reach out to EducateUs to get connected to local advocacy groups.

More on sex ed in Arizona…

State Law: A Closer Look

Arizona law does not require schools to teach sex education or HIV education. However, Arizona Revised Statutes §§ 15-711, 15-716, and 15-102 state that if a school chooses to teach these topics, instruction must be age-appropriate, include instruction on the laws relating to sexual conduct with a minor (grades 7-12), and stress abstinence. Further, if a school chooses to teach HIV education, such instruction must be medically accurate.

Arizona Administrative Code R7-2-303 states that schools may “provide a specific elective lesson or lessons concerning sex education as a supplement to the health course of study.” Schools that choose to provide sex education must have the lessons approved by the school’s local governing board. All sex education materials and instruction that discuss sexual intercourse must:

Stress that pupils should abstain from sexual intercourse until they are mature adults;
Emphasize that abstinence from sexual intercourse is the only method for avoiding pregnancy that is 100% effective;
Stress that sexually transmitted diseases (STDs) have severe consequences and constitute a serious and widespread public health problem;
Include a discussion of the possible emotional and psychological consequences of pre-adolescent and adolescent sexual intercourse and the consequences of pre-adolescent and adolescent pregnancy; and
Advise pupils of Arizona law pertaining to the financial responsibilities of parenting and legal liabilities related to sexual intercourse with a minor.

In Arizona, parents or guardians must provide written permission for the child to participate in sex education. This is referred to as an “opt-in” policy.

Further, after the enactment of House Bill 2035, Arizona Revised Statutes 15-711 Sec. A prohibits instruction in sex education prior to fifth grade.

State Standards

Arizona has Health Education Standards in place that provide a foundation for curricula in the state for grades K-12. Although concepts related to sexuality are not specifically mentioned in the standards, “disease prevention” is included.

State Legislation

State legislative activity related to sex education does not take place in isolation from the broader embroiled political and policy climate. In 2022, a national wave of attacks on the rights of lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQAI+) individuals, attempts to restrict or prohibit instruction on “divisive concepts” such as “Critical Race Theory” (which is not taught in public schools), and efforts to limit access to abortion care and other reproductive healthcare services swept the country in an effort to prevent students from receiving sex education and accessing sexual and reproductive healthcare services. Below are highlights of current legislative activity related to these topics. Arizona’s 2023 annual legislative session convenes January 9, 2023.

Title	Description	Status	Legislative Topic	Link / Url
House Bill 2786	Requires schools to inform parents and make available any training materials for teachers related to racial, sexual, gender identity, political, and social issues	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.azleg.gov/legtext/56leg/1r/bills/hb2786p.htm
House Bill 2601	Creates Teen Mental Health Grant Program which would provide funding for various school districts and organizations to establish mental health first aid training, youth training, substance misuse training, and peer to peer education for youth and providing for schools to maintain a mental health specialist	Introduced (2023)	Mental Health	https://www.azleg.gov/legtext/56leg/1r/bills/hb2601p.htm
House Bill 2711	Requires school employees to notify parents of any change in sexual orientation or gender identity in less than 48 hours	Introduced (2023)	Sexual Orientation and Gender Identity	https://www.azleg.gov/legtext/56leg/1r/bills/hb2711p.htm
House Bill 2648	Adds sexual orientation and gender identity to clauses for bullying and harassment	Introduced (2023)	Sexual Orientation and Gender Identity	https://www.azleg.gov/legtext/56leg/1r/bills/hb2648p.htm
Senate Concurrent Resolution 1025	Updates parental bill of rights. Includes right to direct education, access to all records, and direct moral and/or religious upbringing. Also prohibits any employee of the state from encouraging or coercing a minor from withholding information from the minor's parent (forced outing clause).	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.azleg.gov/legtext/56leg/1r/bills/scr1025p.htm
Senate Bill 1700	Establishes parents right to review and remove library material they object to and creates procedures for doing so	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.azleg.gov/legtext/56leg/1r/bills/sb1700p.htm
Senate Bill 1323	Any school employee who is guilty of presenting sexually explicit materials in classroom is guilty of Class 5 felony	Introduced (2023)	Sexually Explicit Materials	https://www.azleg.gov/legtext/56leg/1r/bills/sb1323p.htm
House Bill 2548	Creates a school-based mental health program and requires for schools to have school-based mental health professionals for students with specific qualifications	Introduced (2023)	Mental Health	https://www.azleg.gov/legtext/56leg/1r/bills/hb2548p.htm
Senate Bill 1415	Infringing on parental rights is a class 6 felony	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.azleg.gov/legtext/56leg/1r/bills/sb1415p.htm
House Bill 2533	Requires public and charter schools to post electronic copy of curriculum materials free of charge	Passed House (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.azleg.gov/legtext/56leg/1r/bills/hb2533p.htm
Arizona Accommodations for All Children Act (Senate Bill 1040)	Prohibits the use of bathroom in accordance with gender identity and only on basis of biological sex, targeting transgender students	Introduced (2023)	Sexual Orientation and Gender Identity	https://www.azleg.gov/legtext/56leg/1r/bills/sb1040p.htm
Senate Bill 1146	Companies donating to organizations that promote or advocate for abortion or "sexually explicit" content in K-12 schools are not able to receive governmental contacts	Introduced (2023)	Reproductive Health Care	https://www.azleg.gov/legtext/56leg/1r/bills/sb1146p.htm
Senate Bill 1005	Adds to parental bill of rights by saying that court cannot grant attorney fees or compensation for governmental entities on the defense of infringing on parental rights	Passed Senate (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://www.azleg.gov/legtext/56leg/1r/bills/sb1005p.htm
House Bill 2068	Repeals previous session’s transgender sports ban	Introduced (2023)	Sexual Orientation and Gender Identity	https://www.azleg.gov/legtext/56leg/1r/bills/hb2068p.htm
Senate Bill 1001	This bill would prohibit an employee or independent contractor of a public or charter school to knowingly address, identify, or refer to a minor student by a pronoun that differs from their assigned sex at birth unless they have written permission from the student's parent. Additionally, the bill would forbid a public or charter school to require an employee or independent contractor to address, identify, or refer to a person by a pronoun that differs from their assigned sex at birth if it conflicts with the individual's religious or moral convictions.	Introduced (2023)	Sexual Orientation and Gender Identity	https://www.azleg.gov/legtext/56leg/1r/bills/sb1001p.htm

Youth Sexual Health Data

Young people are more than their health behaviors and outcomes. While data can be a powerful tool to demonstrate the sex education and sexual health care needs of young people, it is important to be mindful that these behaviors and outcomes are impacted by systemic inequities present in our society that affect an individual’s sexual health and well-being. To learn more about Arizona’s Youth Risk Behavior Survey (YRBS) results, click here. At the time of publication, the 2021 YRBS data was not made available yet.

Alabama School Health Profiles Data

In 2022, the Centers for Disease Control and Prevention (CDC) released the 2020 School Health Profiles, which measure school health policies and practices and highlight which health topics were taught in schools across the country. Since the data were collected from self-administered questionnaires completed by schools’ principals and lead health education teachers, the CDC notes that one limitation of the School Health Profiles is bias toward the reporting of more positive policies and practices. In the School Health Profiles, the CDC identifies 22 sexual health education topics as critical for ensuring a young person’s sexual health. Below are key instruction highlights for secondary schools in Arizona as reported for the 2019–2020 school year.

Reported teaching all 22 critical sexual health education topics

7.6% of Arizona secondary schools taught students all 22 critical sexual health education topics in a required course in any of grades 6, 7, or 8.
19.8% of Arizona secondary schools taught students all 22 critical sexual health education topics in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about the benefits of being sexually abstinent

21.4% of Arizona secondary schools taught students about the benefits of being sexually abstinent in a required course in any of grades 6, 7, or 8.
56.3% of Arizona secondary schools taught students about the benefits of being sexually abstinent in a required course in any of grades 9, 10, 11, or 12.

Reported teaching how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy

18.3% of Arizona secondary schools taught students how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy in a required course in any of grades 6, 7, or 8.
50.7% of Arizona secondary schools taught students how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy in a required course in any of grades 9, 10, 11, or 12.

Reported teaching how to create and sustain healthy and respectful relationships

23.3% of Arizona secondary schools taught students how to create and sustain healthy and respectful relationships in a required course in any of grades 6, 7, or 8.
56.4% of Arizona secondary schools taught students how to create and sustain healthy and respectful relationships in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about preventive care that is necessary to maintain reproductive and sexual health

15.2% of Arizona secondary schools taught students about preventive care that is necessary to maintain reproductive and sexual health in a required course in any of grades 6, 7, or 8.
46.5% of Arizona secondary schools taught students about preventive care that is necessary to maintain reproductive and sexual health in a required course in any of grades 9, 10, 11, or 12.

Reported teaching how to correctly use a condom

13.7% of Arizona secondary schools taught students how to correctly use a condom in a required course in any of grades 6, 7, or 8.
32.5% of Arizona secondary schools taught students how to correctly use a condom in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about methods of contraception other than condoms

18.6% of Arizona secondary schools taught students about methods of contraception other than condoms in a required course in any of grades 6, 7, or 8.
46.5% of Arizona secondary schools taught students about methods of contraception other than condoms in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about diversity of sexual orientations and gender identities

10.7% of Arizona secondary schools taught students about diversity of sexual orientations and gender identities in a required course in any of grades 6, 7, or 8.
40.9% of Arizona secondary schools taught students about diversity of sexual orientations and gender identities in a required course in any of grades 9, 10, 11, or 12.

Reported teaching about how gender roles and stereotypes affect goals, decision-making, and relationships

13.6% of Arizona secondary schools taught students about gender roles and stereotypes in a required course in any of grades 6, 7, or 8.
45.0% of Arizona secondary schools taught students about gender roles and stereotypes in a required course in any of grades 9, 10, 11, or 12.

Reported providing curricula or supplementary materials relevant to lesbian, gay, bisexual, transgender, or questioning (LGBTQ) youth

23.4% of Arizona secondary schools provided students with curricula or supplementary materials that included HIV, STD, or pregnancy prevention information relevant to LGBTQ youth.

Visit the CDC’s School Health Profiles report for additional information on school health policies and practices.

The quality of sex education taught often reflects funding available for sex education programs. To learn more about federal funding streams, click here.

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