| 1 | 1 | | PREFILED JAN 10 2022 REFERENCE TITLE: sex education; parental consent; schools State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2061 Introduced by Representatives Blackman: Bolick AN ACT amending sections 15-102 and 15-711, Arizona Revised Statutes; repealing section 15-716, arizona revised statutes; relating to school instruction. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 7 | 7 | | PREFILED JAN 10 2022 |
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| 9 | 9 | | REFERENCE TITLE: sex education; parental consent; schools |
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| 10 | 10 | | State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 |
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| 11 | 11 | | HB 2061 |
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| 12 | 12 | | Introduced by Representatives Blackman: Bolick |
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| 14 | 14 | | REFERENCE TITLE: sex education; parental consent; schools |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | House of Representatives |
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| 28 | 28 | | Fifty-fifth Legislature |
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| 30 | 30 | | Second Regular Session |
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| 32 | 32 | | 2022 |
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| 40 | 40 | | HB 2061 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Representatives Blackman: Bolick |
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| 52 | 52 | | AN ACT |
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| 55 | 55 | | |
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| 56 | 56 | | amending sections 15-102 and 15-711, Arizona Revised Statutes; repealing section 15-716, arizona revised statutes; relating to school instruction. |
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| 62 | 62 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 66 | 66 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 15-102, Arizona Revised Statutes, is amended to read: START_STATUTE15-102. Parental involvement in the school; definitions A. The Each school district governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including: 1. A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline. The plan shall provide for the administration of a parent-teacher satisfaction survey. 2. Procedures by which parents may learn about the course of study for their children and review learning materials, including which include the source instructional materials used by a teacher and any materials used by pupils and the sources of those materials and any supplemental educational materials. 3. Procedures by which parents who object to any learning material or activity on the basis that the material or activity is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that the material or activity is harmful includes objection to the material or activity because it questions beliefs or practices in sex, morality or religion. 4. If a school district offers any sex education curricula pursuant to section 15-711 or 15-716 or pursuant to any rules adopted by the state board of education, procedures to prohibit the school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child pupil to participate in the sex education curricula. In seeking written permission from the pupil's parent pursuant to this paragraph, the school district shall make all sex education curricula available for the pupil's parent to review before the parent provides written permission. 5. Procedures by which parents will be notified in advance of and given the opportunity to opt their children in to any instruction, learning materials or presentations regarding sex, sexuality or sexual activity, in courses other than formal sex education curricula. 6. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school. 7. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following: (a) The right to opt in to a sex education curriculum if one is provided by the school district. (b) Open enrollment rights pursuant to section 15-816.01. (c) The right to opt out of assignments pursuant to this section. (d) The right to opt out of immunizations pursuant to section 15-873. (e) The promotion requirements prescribed in section 15-701. (f) The minimum course of study and competency requirements for graduation from high school prescribed in section 15-701.01. (g) The right to opt out of instruction on acquired immune deficiency syndrome pursuant to section 15-716. (h) (g) The right to review test results pursuant to section 15-743. (i) (h) The right to participate in gifted programs pursuant to section 15-779.01. (j) (i) The right to access instructional materials pursuant to section 15-730. (k) (j) The right to receive a school report card pursuant to section 15-746. (l) (k) The attendance requirements prescribed in sections 15-802, 15-803 and 15-821. (m) (l) The right to public review of courses of study and textbooks pursuant to sections 15-721 and 15-722. (n) (m) The right to be excused from school attendance for religious purposes pursuant to section 15-806. (o) (n) Policies related to parental involvement pursuant to this section. (p) (o) The right to seek membership on school councils pursuant to section 15-351. (q) (p) Information about the student accountability information system as prescribed in section 15-1041. (r) (q) The right to access the failing schools tutoring fund pursuant to section 15-241. b. Each charter school governing body, in consultation with parents, teachers and administrators, shall develop and adopt a policy to prohibit the charter school from providing sex education instruction to a pupil if the charter school offers any sex education curricula pursuant to section 15-711 or pursuant to any rules adopted by the state board of education unless the pupil's parent provides written permission for the pupil to participate in the sex education curricula. In seeking written permission from the pupil's parent pursuant to this subsection, the charter school shall make all sex education curricula available for the pupil's parent to review before the parent provides written permission. B. C. The policy Policies adopted by the school district governing board boards or charter school governing bodies pursuant to this section may also include the following components: 1. A plan by which parents will be made aware of the school district's or charter school's parental involvement policy and this section, including: (a) Rights under the family educational rights and privacy act of 1974 (20 United States Code section 1232g) relating to access to children's official records. (b) The parent's right to inspect the school district or charter school policies and curriculum. 2. Efforts to encourage the development of parenting skills. 3. Communicating to parents techniques that are designed to assist the child's learning experience in the home. 4. Efforts to encourage access to community and support services for children and families. 5. Promoting communication between the school and parents concerning school programs and the academic progress of the parents' children. 6. Identifying opportunities for parents to participate in and support classroom instruction at the school. 7. Efforts to support, with appropriate training, parents as shared decision-makers and to encourage membership on school councils. 8. Recognizing the diversity of parents and developing guidelines that promote widespread parental participation and involvement in the school at various levels. 9. Developing preparation programs and specialized courses for certificated employees and administrators that promote parental involvement. 10. Developing strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education. C. D. The School district governing board boards and charter school governing bodies may adopt a policy to provide to parents the information required by this section in an electronic form. D. E. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten days after receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for denying the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may submit a written request for the information to the school district governing board or charter school governing body, which shall formally consider the request at the next scheduled public meeting of the governing board or governing body if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the governing board or governing body shall formally consider the request at the next subsequent public meeting of the governing board or governing body. E. F. For the purposes of this section: , 1. "Parent" means the natural or adoptive parent or legal guardian of a minor child. 2. "Sex education" means any course of study or instruction on human sexuality, sexual activity, sexual conduct, ultimate sexual acts as defined in section 13-3501, intimate relationships, sexually transmitted infections, contraception, pregnancy, acquired immune deficiency syndrome or the human immunodeficiency virus. END_STATUTE 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; review and approval of course of study; public hearings and input; definition A. School districts and charter schools may not provide sex education instruction, including instruction on acquired immune deficiency syndrome and the human immunodeficiency virus, before grade five six. this subsection does not prohibit a school district or charter school from providing health instruction, including instruction on personal safety and instruction in arizona health standards, to pupils in kindergarten programs and grades one through 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 paragraphs 2 and 4 and subsection B. 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 the laws relating to sexual conduct with a minor for pupils in grades seven, eight, nine, ten, eleven and twelve. 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. Any revision or update to a sex education course of study shall 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, 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, 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. I. Each school district and charter school may develop its own course of study or adopt an existing sex education course of study for each grade. At a minimum, any sex education instruction shall: 1. Be appropriate to the grade level in which it is offered. 2. Be medically accurate. 3. Promote abstinence. 4. Discourage drug abuse. 5. Dispel myths regarding transmission of the human immunodeficiency virus. J. Any sex education instruction may not violate section 13-1405 or 13-3506. K. At the request of a school district or charter school, the department of health services or the department of education shall review sex education instruction materials to determine their medical accuracy. L. For the purposes of this section, "sex education" has the same meaning prescribed in section 15-102. END_STATUTE Sec. 3. Repeal Section 15-716, Arizona Revised Statutes, is repealed. Sec. 4. Existing sex education instruction; review and revision; delayed repeal A. On or before December 15, 2022, each school district and charter school that offers any sex education instruction, including instruction on acquired immune deficiency syndrome and the human immunodeficiency virus, shall review its course of study and revise it, if necessary, to comply with section 15-711, Arizona Revised Statutes, as amended by this act. B. This section is repealed from and after December 31, 2022. |
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| 68 | 68 | | Be it enacted by the Legislature of the State of Arizona: |
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| 69 | 69 | | |
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| 70 | 70 | | Section 1. Section 15-102, Arizona Revised Statutes, is amended to read: |
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| 71 | 71 | | |
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| 72 | 72 | | START_STATUTE15-102. Parental involvement in the school; definitions |
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| 73 | 73 | | |
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| 74 | 74 | | A. The Each school district governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including: |
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| 75 | 75 | | |
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| 76 | 76 | | 1. A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline. The plan shall provide for the administration of a parent-teacher satisfaction survey. |
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| 77 | 77 | | |
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| 78 | 78 | | 2. Procedures by which parents may learn about the course of study for their children and review learning materials, including which include the source instructional materials used by a teacher and any materials used by pupils and the sources of those materials and any supplemental educational materials. |
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| 79 | 79 | | |
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| 80 | 80 | | 3. Procedures by which parents who object to any learning material or activity on the basis that the material or activity is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that the material or activity is harmful includes objection to the material or activity because it questions beliefs or practices in sex, morality or religion. |
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| 81 | 81 | | |
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| 82 | 82 | | 4. If a school district offers any sex education curricula pursuant to section 15-711 or 15-716 or pursuant to any rules adopted by the state board of education, procedures to prohibit the school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child pupil to participate in the sex education curricula. In seeking written permission from the pupil's parent pursuant to this paragraph, the school district shall make all sex education curricula available for the pupil's parent to review before the parent provides written permission. |
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| 83 | 83 | | |
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| 84 | 84 | | 5. Procedures by which parents will be notified in advance of and given the opportunity to opt their children in to any instruction, learning materials or presentations regarding sex, sexuality or sexual activity, in courses other than formal sex education curricula. |
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| 85 | 85 | | |
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| 86 | 86 | | 6. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school. |
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| 87 | 87 | | |
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| 88 | 88 | | 7. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following: |
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| 89 | 89 | | |
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| 90 | 90 | | (a) The right to opt in to a sex education curriculum if one is provided by the school district. |
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| 91 | 91 | | |
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| 92 | 92 | | (b) Open enrollment rights pursuant to section 15-816.01. |
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| 93 | 93 | | |
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| 94 | 94 | | (c) The right to opt out of assignments pursuant to this section. |
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| 95 | 95 | | |
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| 96 | 96 | | (d) The right to opt out of immunizations pursuant to section 15-873. |
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| 97 | 97 | | |
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| 98 | 98 | | (e) The promotion requirements prescribed in section 15-701. |
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| 99 | 99 | | |
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| 100 | 100 | | (f) The minimum course of study and competency requirements for graduation from high school prescribed in section 15-701.01. |
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| 101 | 101 | | |
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| 102 | 102 | | (g) The right to opt out of instruction on acquired immune deficiency syndrome pursuant to section 15-716. |
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| 103 | 103 | | |
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| 104 | 104 | | (h) (g) The right to review test results pursuant to section 15-743. |
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| 105 | 105 | | |
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| 106 | 106 | | (i) (h) The right to participate in gifted programs pursuant to section 15-779.01. |
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| 107 | 107 | | |
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| 108 | 108 | | (j) (i) The right to access instructional materials pursuant to section 15-730. |
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| 109 | 109 | | |
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| 110 | 110 | | (k) (j) The right to receive a school report card pursuant to section 15-746. |
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| 111 | 111 | | |
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| 112 | 112 | | (l) (k) The attendance requirements prescribed in sections 15-802, 15-803 and 15-821. |
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| 113 | 113 | | |
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| 114 | 114 | | (m) (l) The right to public review of courses of study and textbooks pursuant to sections 15-721 and 15-722. |
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| 115 | 115 | | |
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| 116 | 116 | | (n) (m) The right to be excused from school attendance for religious purposes pursuant to section 15-806. |
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| 117 | 117 | | |
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| 118 | 118 | | (o) (n) Policies related to parental involvement pursuant to this section. |
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| 119 | 119 | | |
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| 120 | 120 | | (p) (o) The right to seek membership on school councils pursuant to section 15-351. |
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| 121 | 121 | | |
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| 122 | 122 | | (q) (p) Information about the student accountability information system as prescribed in section 15-1041. |
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| 123 | 123 | | |
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| 124 | 124 | | (r) (q) The right to access the failing schools tutoring fund pursuant to section 15-241. |
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| 125 | 125 | | |
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| 126 | 126 | | b. Each charter school governing body, in consultation with parents, teachers and administrators, shall develop and adopt a policy to prohibit the charter school from providing sex education instruction to a pupil if the charter school offers any sex education curricula pursuant to section 15-711 or pursuant to any rules adopted by the state board of education unless the pupil's parent provides written permission for the pupil to participate in the sex education curricula. In seeking written permission from the pupil's parent pursuant to this subsection, the charter school shall make all sex education curricula available for the pupil's parent to review before the parent provides written permission. |
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| 127 | 127 | | |
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| 128 | 128 | | B. C. The policy Policies adopted by the school district governing board boards or charter school governing bodies pursuant to this section may also include the following components: |
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| 129 | 129 | | |
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| 130 | 130 | | 1. A plan by which parents will be made aware of the school district's or charter school's parental involvement policy and this section, including: |
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| 131 | 131 | | |
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| 132 | 132 | | (a) Rights under the family educational rights and privacy act of 1974 (20 United States Code section 1232g) relating to access to children's official records. |
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| 133 | 133 | | |
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| 134 | 134 | | (b) The parent's right to inspect the school district or charter school policies and curriculum. |
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| 135 | 135 | | |
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| 136 | 136 | | 2. Efforts to encourage the development of parenting skills. |
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| 137 | 137 | | |
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| 138 | 138 | | 3. Communicating to parents techniques that are designed to assist the child's learning experience in the home. |
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| 139 | 139 | | |
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| 140 | 140 | | 4. Efforts to encourage access to community and support services for children and families. |
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| 141 | 141 | | |
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| 142 | 142 | | 5. Promoting communication between the school and parents concerning school programs and the academic progress of the parents' children. |
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| 143 | 143 | | |
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| 144 | 144 | | 6. Identifying opportunities for parents to participate in and support classroom instruction at the school. |
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| 145 | 145 | | |
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| 146 | 146 | | 7. Efforts to support, with appropriate training, parents as shared decision-makers and to encourage membership on school councils. |
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| 147 | 147 | | |
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| 148 | 148 | | 8. Recognizing the diversity of parents and developing guidelines that promote widespread parental participation and involvement in the school at various levels. |
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| 149 | 149 | | |
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| 150 | 150 | | 9. Developing preparation programs and specialized courses for certificated employees and administrators that promote parental involvement. |
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| 151 | 151 | | |
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| 152 | 152 | | 10. Developing strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education. |
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| 153 | 153 | | |
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| 154 | 154 | | C. D. The School district governing board boards and charter school governing bodies may adopt a policy to provide to parents the information required by this section in an electronic form. |
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| 155 | 155 | | |
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| 156 | 156 | | D. E. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten days after receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for denying the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may submit a written request for the information to the school district governing board or charter school governing body, which shall formally consider the request at the next scheduled public meeting of the governing board or governing body if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the governing board or governing body shall formally consider the request at the next subsequent public meeting of the governing board or governing body. |
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| 157 | 157 | | |
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| 158 | 158 | | E. F. For the purposes of this section: , |
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| 159 | 159 | | |
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| 160 | 160 | | 1. "Parent" means the natural or adoptive parent or legal guardian of a minor child. |
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| 161 | 161 | | |
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| 162 | 162 | | 2. "Sex education" means any course of study or instruction on human sexuality, sexual activity, sexual conduct, ultimate sexual acts as defined in section 13-3501, intimate relationships, sexually transmitted infections, contraception, pregnancy, acquired immune deficiency syndrome or the human immunodeficiency virus. END_STATUTE |
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| 163 | 163 | | |
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| 164 | 164 | | Sec. 2. Section 15-711, Arizona Revised Statutes, is amended to read: |
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| 165 | 165 | | |
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| 166 | 166 | | START_STATUTE15-711. Sex education instruction; minimum grade; parental review of curricula; sexual conduct with a minor; review and approval of course of study; public hearings and input; definition |
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| 167 | 167 | | |
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| 168 | 168 | | A. School districts and charter schools may not provide sex education instruction, including instruction on acquired immune deficiency syndrome and the human immunodeficiency virus, before grade five six. this subsection does not prohibit a school district or charter school from providing health instruction, including instruction on personal safety and instruction in arizona health standards, to pupils in kindergarten programs and grades one through five. |
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| 169 | 169 | | |
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| 170 | 170 | | 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 paragraphs 2 and 4 and subsection B. 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. |
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| 171 | 171 | | |
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| 172 | 172 | | C. Each 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, eight, nine, ten, eleven and twelve. |
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| 173 | 173 | | |
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| 174 | 174 | | 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. Any revision or update to a sex education course of study shall meet the requirements of this section. |
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| 175 | 175 | | |
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| 176 | 176 | | 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, revised or updated pursuant to this section. The governing board or governing body: |
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| 177 | 177 | | |
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| 178 | 178 | | 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. |
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| 179 | 179 | | |
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| 180 | 180 | | 2. May not approve a course of study unless it complies with this section. |
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| 181 | 181 | | |
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| 182 | 182 | | F. Before approving any sex education course of study developed, adopted, revised or updated pursuant to this section, the school district governing board or charter school governing body shall do all of the following: |
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| 183 | 183 | | |
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| 184 | 184 | | 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. |
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| 185 | 185 | | |
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| 186 | 186 | | 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. |
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| 187 | 187 | | |
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| 188 | 188 | | 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. |
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| 189 | 189 | | |
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| 190 | 190 | | 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. |
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| 191 | 191 | | |
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| 192 | 192 | | H. This section does not prohibit age and grade appropriate classroom instruction regarding child assault awareness and abuse prevention. |
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| 193 | 193 | | |
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| 194 | 194 | | I. Each school district and charter school may develop its own course of study or adopt an existing sex education course of study for each grade. At a minimum, any sex education instruction shall: |
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| 195 | 195 | | |
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| 196 | 196 | | 1. Be appropriate to the grade level in which it is offered. |
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| 197 | 197 | | |
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| 198 | 198 | | 2. Be medically accurate. |
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| 199 | 199 | | |
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| 200 | 200 | | 3. Promote abstinence. |
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| 201 | 201 | | |
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| 202 | 202 | | 4. Discourage drug abuse. |
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| 203 | 203 | | |
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| 204 | 204 | | 5. Dispel myths regarding transmission of the human immunodeficiency virus. |
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| 205 | 205 | | |
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| 206 | 206 | | J. Any sex education instruction may not violate section 13-1405 or 13-3506. |
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| 207 | 207 | | |
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| 208 | 208 | | K. At the request of a school district or charter school, the department of health services or the department of education shall review sex education instruction materials to determine their medical accuracy. |
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| 209 | 209 | | |
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| 210 | 210 | | L. For the purposes of this section, "sex education" has the same meaning prescribed in section 15-102. END_STATUTE |
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| 211 | 211 | | |
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| 212 | 212 | | Sec. 3. Repeal |
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| 213 | 213 | | |
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| 214 | 214 | | Section 15-716, Arizona Revised Statutes, is repealed. |
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| 215 | 215 | | |
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| 216 | 216 | | Sec. 4. Existing sex education instruction; review and revision; delayed repeal |
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| 217 | 217 | | |
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| 218 | 218 | | A. On or before December 15, 2022, each school district and charter school that offers any sex education instruction, including instruction on acquired immune deficiency syndrome and the human immunodeficiency virus, shall review its course of study and revise it, if necessary, to comply with section 15-711, Arizona Revised Statutes, as amended by this act. |
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| 219 | 219 | | |
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| 220 | 220 | | B. This section is repealed from and after December 31, 2022. |
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