Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1323
schools; sexually explicit materials; classification
Purpose
Classifies, as a class 5 felony, a violation of the prohibition on a public school referring
students to or using any sexually explicit material in any manner.
Background
A public school must obtain signed, written consent from a student's parent or guardian
before providing sex education instruction or using materials that may be inappropriate for the
student's age. If a parent objects to a material or activity on the basis that it is harmful, the parent
may: 1) request to withdraw the student from the activity, class or program; and 2) request an
alternative assignment. A charter school that annually provides a complete list of books and
materials before the student enrolls may require parents to waive their right to object as a condition
of enrollment. Objects to any learning material or activity on the basis that the material or activity
is harmful means objecting to the material or activity because of sexual content, violent content or
profane or vulgar language (A.R.S. § 15-113).
A public school may not refer a student to or use any sexually explicit material in any
manner except if: 1) the material possesses serious educational value for minors or serious literacy,
artistic, political or scientific value; and 2) the public school requires written parental consent, on
a per-material basis, before referring a student to or using the material. The public school must
provide students for whom parental consent is not secured with an alternative assignment that does
not contain sexually explicit material (A.R.S. § 15-120.03).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Subjects, to a class 5 felony, a public school employee or independent contractor who violates
the prohibition on a public school referring students to or using any sexually explicit material
in any manner, except as specified.
2. Makes conforming changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2023
LB/sr