Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1007
schools; sexually explicit materials; classification
Purpose
Classifies a violation of the prohibition on any public school referring a student to or using
any sexually explicit materials in any manner as a class 5 felony.
Background
A public school in Arizona may not refer students to or use any sexually explicit material in
any manner except if: 1) the material possesses serious educational value for minors or serious
literary, artistic, political or scientific value; or 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
also provide students for whom parental consent is not secured with an alternative assignment that
does not contain sexually explicit material. Sexually explicit materials include textual, visual or audio
materials or materials accessed via any other medium that depict sexual conduct, sexual excitement
or ultimate sexual acts (A.R.S. § 15-120.03).
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. A charter school may require parents to waive the right to object to learning materials
or activities as a condition of enrollment if the charter school provides a complete list of books and
materials to be used each school year before the student enrolls. If the charter school introduces
books or materials that were not disclosed prior to enrollment, the parent retains the right to object
to those materials. 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies, as a class 5 felony, a violation of the prohibition on any public school employee or
hired independent contractor referring a student to, or using, sexually explicit materials in any
manner, except as specified.
2. Makes a conforming change.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2024
ZD/KK/cs