By Kyrah Berthiaume.
In Arizona, under A.R.S. §§ 15-711 and -716, sexual health and HIV/AIDS education may, but need not, be taught in state-funded schools. When these topics are taught, under A.A.C. § R7-2-303(A)(2) and (3), parents must opt in to courses and these courses must stress abstinence. While health is a legitimate state interest and parents have rights regarding their children’s education, abstinence-only programs may actually harm, rather than protect, population health. As adolescents increasingly turn to social media for information, sexual health misinformation becomes a rising threat. Therefore, Arizona should revise its sexual health and HIV/AIDS education requirements to help its students make informed, age-appropriate choices.
Arizona’s Statutory and Regulatory Language
Relevant here are two statutes and one administrative code that direct sexual health and HIV/AIDS education in Arizona. A.R.S. § 15-711 sets onerous community review standards when developing sexual health education programs and indicates that state-funded schools do not need to offer sexual health education. Under these current standards, it is often easier for teachers or school districts to simply not teach sexual health information in Arizona. Next, A.R.S. § 15-716 indicates that schools may teach HIV/AIDS education, but if it is taught, it must promote abstinence. Finally, A.A.C. § R7-2-303 sets standards for sexual health education when it is offered. Under A.A.C § R7-2-303(A)(2), parents must affirmatively allow their children to attend sexual health education programs, as opposed to requesting that their children not participate. Further, under A.A.C. § R7-2-303(A)(3), any information provided about sexual health or pregnancy prevention must promote abstinence.
Notably, while HIV/AIDS information must be “medically accurate” under A.R.S. § 15-716, the same requirement does not exist for sexual health education generally in Arizona. Moreover, neither sexual health nor HIV/AIDS education must be medically comprehensive in Arizona. This means that while the HIV disease process must be described accurately, lesson plans do not need to include information on contraceptive or disease prevention options outside of abstinence. When contraceptives are described, the associated risks can be overstated, and benefits of contraceptives do not need to be discussed.
Finally, sexual health and HIV/AIDS education does not need to be scientifically supported in Arizona. Abstinence-only education has been associated with increased sexual risk behaviors (e.g., failing to use contraceptives) and higher rates of adolescent pregnancies as compared to medically comprehensive education. Choosing to offer abstinence-only sexual health or HIV/AIDS education rather than medically comprehensive education, therefore, is not scientifically supported.
Adolescent Statistics: Sexual Health and Social Media Use
In Arizona, of the thirty-four percent of adolescents who were sexually active, nearly fifty percent did not use contraceptives as of 2017. In 2022, the group with the highest number of STDs in Arizona was youth between fifteen and twenty-five; nearly half of all STDs reported in Arizona occurred in this age group. These numbers do not suggest that abstinence-only education is having the desired effect of stopping adolescent sexual activity. While in 2020, pregnancy rates were at the lowest they have been since the 1990s, this could be due to a number of factors, not limited to more effective contraceptives, more accessible information on the internet, or more targeted programming about adolescent pregnancies. Essentially, it appears that as more information became more easily accessible, rates of adolescent pregnancy decreased, but sexual activity did not.
When looking at social media use, in one study, of the ninety-five percent of adolescents with a smartphone, forty-five percent were “constantly online.” Research suggests that while adolescents today are “digital natives,” they are more susceptible to misinformation because they do not stop to fact check information presented to them. As more adolescents rely on social media for general information, they also turn to social media for sexual health information. However, while social media does have health information available, it is also rife with misinformation, particularly concerning reproductive health.
Arizona’s Way Forward
Refusing to teach sexual health or HIV/AIDS education is not protective of adolescents. As adolescents continue to use social media to learn, it is no longer realistic to expect that they will be unable to access sexual health information on their own. However, while accessible, this sexual health information is in no way guaranteed to be accurate. Therefore, it is imperative that Arizona require sexual health and HIV/AIDS education in state-funded schools with the option for parents to refuse, rather than request, this education. Making these changes will still allow parents who object to sexual health education to assert their parental rights without keeping important health information from others. Arizona legislators hoping to reduce the risk of unplanned, adolescent pregnancies, sexual risk behaviors, and early initiation of sexual activity should not allow abstinence-only sexual health education—or worse, no sexual health education— to continue in Arizona.
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Kyrah Berthiaume is a second-year law student at Sandra Day O’Connor College of Law. Kyrah is originally from Tempe, Arizona and received her B.A. in Global Health from Arizona State University. She has worked in a variety of positions ranging from HIV/AIDS and sexual health educator to research assistant. Kyrah’s special legal interests are in public health law and policy with a particular focus on health literacy. Kyrah currently externs for the Center for Public Health Law and Policy at Arizona State University.