Section R7-2-303. Sex education

A.      Instruction in sex education in the public schools of Arizona shall be offered only in conformity with the following require- ments.

1.        Common schools: Nature of instruction; approval; for- mat.

a.         Supplemental/elective nature of instruction. The common schools of Arizona may provide a specific elective lesson or lessons concerning sex education as a supplement to the health course of study.

i.         This supplement may only be taken by the stu- dent at the written request of the student’s par- ent or guardian.

ii.        Alternative elective lessons from the state- adopted optional subjects shall be provided for students who do not enroll in elective sex edu- cation.

iii.      Elective sex education lessons shall not exceed the equivalent of one class period per day for 1/ 8 of the school year for grades K-4.

iv.       Elective sex education lessons shall not exceed the equivalent of one class period per day for 1/ 4 of the school year for grades 5-8.

b.        Local governing board approval. All elective sex education lessons to be offered shall first be approved by the local governing board.

i.         Each local governing board contemplating the offering of elective sex education shall estab- lish an advisory committee with membership representative of district size and the racial and ethnic composition of the community to assist in the development of lessons and advise the local governing board on an ongoing basis.

ii.        The local governing board shall review the total instructional materials for lessons presented for approval.

iii.      The local governing board shall publicize and hold at least two public hearings for the pur- pose of receiving public input at least one week prior to the local governing board meeting at which the elective sex education lessons will be considered for approval.

iv.       The local governing board shall maintain for viewing by the public the total instructional materials to be used in approved elective sex education lessons within the district.

c.         Format of instruction.

i.         Lessons shall be taught to boys and girls sepa- rately.

ii.        Lessons shall be ungraded, require no home- work, and any evaluation administered for the purpose of self-analysis shall not be retained or recorded by the school or the teacher in any form.

iii.      Lessons shall not include tests, psychological inventories, surveys, or examinations contain- ing any questions about the student’s or his par- ents’ personal beliefs or practices in sex, family life, morality, values or religion.

2.        High schools: Course offering; approval; format.

a.         A course in sex education may be provided in the high schools of Arizona.

b.        The local governing board shall review the total instructional materials and approve all lessons in the course of study to be offered in sex education.

c.         Lessons shall not include tests, psychological inven- tories, surveys, or examinations containing any questions about the student’s or his parents’ personal beliefs or practices in sex, family life, morality, val- ues or religion.

d.        Local governing boards shall maintain for viewing by the public the total instructional materials to be used in all sex education courses to be offered in high schools within the district.

3.        Content  of  instruction:  Common  schools  and  high schools.

a.         All sex education materials and instruction shall be age appropriate, recognize the needs of exceptional students, meet the needs of the district, recognize local community standards and sensitivities, shall not include the teaching of abnormal, deviate, or unusual sexual acts and practices, and shall include the following:

i.         Emphasis upon the power of individuals to con- trol their own personal behavior. Pupils shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-con- trol and ethical considerations such as respect for self and others; and

ii.        Instruction on how to say “no” to unwanted sexual advances and to resist negative peer pressure. Pupils shall be taught that it is wrong to take advantage of, or to exploit, another per- son.

b.        All sex education materials and instruction which discuss sexual intercourse shall:

i.         Stress that pupils should abstain from sexual intercourse until they are mature adults;

ii.        Emphasize that abstinence from sexual inter- course is the only method for avoiding preg- nancy that is 100% effective;

iii.      Stress that sexually transmitted diseases have severe consequences and constitute a serious and widespread public health problem;

iv.       Include a discussion of the possible emotional and psychological consequences of preadoles- cent and adolescent sexual intercourse and the consequences of preadolescent and adolescent pregnancy;

v.        Promote honor and respect for monogamous heterosexual marriage; and

vi.       Advise pupils of Arizona law pertaining to the financial responsibilities of parenting, and legal liabilities related to sexual intercourse with a minor.

B.       Certification of compliance. All districts offering a local gov- erning board-approved sex education course or lesson shall certify, under the notarized signature of both the president of the local governing board and the chief administrator of the school district, compliance with this rule except as specified in subsection (C). Acknowledgment of receipt of the compliance certification from the State Board of Education is required as a prerequisite to the initiation of instruction. Certification of compliance shall be in a format and with such particulars as shall be specified by the Department of Education.

C.      All districts offering State Board approved sex education les- sons or courses prior to the effective date of this rule shall comply with this rule on or before June 30, 1990.

Historical Note

Former Section R7-2-303 repealed, new Section R7-2- 303 adopted effective December 4, 1978 (Supp. 78-6). Former Section R7-2-303 repealed, new Section R7-2- 303 adopted effective June 12, 1989 (Supp. 89-2).