Revised sex ed bill clears its first hurdle at state Legislature

A legislative committee on Thursday passed a watered-down version of a sex education bill that Gov. Doug Ducey vetoed just three weeks ago after critics argued it marginalized LGBTQ youth.

The newly amended House Bill 2035 has not satisfied those critics, though, who argue it is so broad it would affect any class that deals with historical events such as the legalization of gay marriage or the Stonewall riots.

The bill would require schools to get signed, written consent from parents before providing sex education. It also would extend the opt-in requirement to any course presentations or materials that involve sexuality beyond those classes.

The term “sexuality” is not defined, however, and critics contend it could be interpreted to make a wide range of topics subject to parental notification and opt-in requirements.

“This is not a sex education bill. This is something that affects all curriculum,” argued Sen. Tony Navarrete, DPhoenix, questioning how it could limit the teaching of everything from history to English literature.

Sen. Nancy Barto, a Republican from Phoenix sponsoring the measure, argued the bill is meant to ensure parents have more of a say in what their children are learning at school.

“We don’t single anyone out. It doesn’t dictate curriculum. It merely puts parents in the driver’s seat,” she said.

The bill also prohibits adding sex ed to the curriculum before fifth grade.

Barto sponsored a similar measure,

Senate Bill 1456, which Ducey vetoed.

The governor raised concerns that the wording was so broad and vague it could be interpreted to stop child abuse prevention education in early grades.

Barto’s latest version of the bill states it does not prohibit age- and grade-appropriate classroom instruction on child abuse prevention.

“We worked with the governor and his concern about broad and big language has been satisfied,” Barto said Thursday.

The new measure also folds in several other provisions of an executive order Ducey issued when he vetoed the earlier bill, such as including a 60-day window for public review of any proposed sex ed curricula, with at least two public hearings during that time. The bill also would require that materials for any existing sex ed program be available both online and in hard copy for parents before they give their written permission for their child to take the class.

The new version passed the Senate Health and Human Services Committee, which Barto chairs, on a party line vote of 5-3, with Democrats opposed.

The hearing was unusual, coming long after many committees had convened for the last time for the session, which began in January.

But the bill is backed by the Center for Arizona Policy, an influential conservative pressure group at the Republicancontrolled Legislature.

The bill heads next to the full Senate and if it passes there, would go to the House of Representatives for a final vote.