On Thursday, the Arizona House passed a bill, HB2495, which prohibits a public school from referring students to or using any sexually explicit material in any manner. Although numerous Democrat legislators expressed support for the bill, they ultimately fell in line behind party leadership and it passed on a 31-28 party line vote, with all Republicans voting for it, and all Democrats voting against it (with one absent).
The bill’s sponsor, Rep. Jake Hoffman, said during the discussion of the bill on the House floor, “the bill is about nothing more than protecting the innocence of Arizona children from sexually explicit materials.” Hoffman then mentioned some of the materials that students currently have access to that would be the subject of the prohibition.
“Arizona House Republicans have taken a huge first step in protecting Arizona children from the sexually explicit materials being used in K-12 government schools,” Hoffman told the Arizona Daily Independent. “There is nothing more sacred than the innocence of a child, yet unfortunately woke public school officials appear to be more concerned with sexualizing Arizona children than teaching them.”
“Explicit imagery depicting teenagers masturbating and having sex, cartoonized videos of sexual organs teaching kids how to pleasure one another, and referring students to resources proclaiming the benefits of having lots of sexual partners do not belong in Arizona schools. Period,” continued Hoffman. “Arizona public schools should be focused on teaching our kids how to write, read, do math, and critically think so they are prepared to build a prosperous future for themselves, their families, and our state.”
“I’m proud that today House Republicans passed my bill to prohibit these kinds of sexually explicit materials from being used in our classrooms.” Hoffman concluded, “Now it’s time for Senate Republicans to do the same.”
Currently, a public educational institution must obtain signed, written consent from a student’s guardian before using video, audio or electronic materials that may be inappropriate for the age of the student or before providing sex education instruction (A.R.S. § 15-113).
Additionally, a school district or charter school must obtain written informed consent from a student’s guardian before administering any survey that is retained for more than one year and that solicits personal information regarding sexual behavior or attitudes (A.R.S. § 15-117).
Provisions of HB2495 – schools; sexually explicit materials; prohibition
1. Prohibits a public school from referring students to or using any sexually explicit material in any manner. (Sec. 1)
2. Allows a public school to refer student to or use sexually explicit material if:
a) The exempted material is classical literature, early American literature or a required book for a course to obtain college credit;
b) The public school requires written parental consent on a per-material basis before referring a student to or using the exempted material; and
c) The public school provides students with an alternative assignment that does not contain sexually explicit material if the school does not secure parental consent. (Sec. 1)
3. Defines sexually explicit materials to include textual, visual or audio materials or materials accessed via any other medium that depict sexual conduct, sexual excitement or ultimate sexual acts. (Sec. 1)
4. Defines sexual conduct, sexual excitement and ultimate sexual acts. (Sec. 1)