An Act To Inform Parents of Students' Privacy Rights
Maine Legislature, Session 122, LD 1876
Committee: Education and Cultural Affairs
Sponsors: FARRINGTON, BROMLEY, ADANIS, BRAUTIGAM, HARLOW
Amends: 20-A MRSA §4010

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
12211d l\1AINE LEGISLATURE 
Legislative Document 
No. 1876 
H.P. 1316 
House of Representatives, January 3,2006 
An Act To Inform Parents of Students' Privacy Rights 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk ofthe House on December 28,2005. Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative FARRINGTON of Gorham. 
Cosponsored by Senator BROMLEY of Cumberland and 
!rJ~ 
/J7.1i!~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADANIS of Portland, BRAUTIGAM of Falmouth, HARLOW of Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 20-A MRSA §4010 is enacted to read: 
§40l0. 
DisSemination of information by secondary schools 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"School" means a secondary public school or a secondary 
private school that receives. directly or through a school 
administrative 
district 
or 
school 
administrative 
unit, 
federal funding through the No 
Child Left Behind Act of 
2001. 20 United States Code. Chapter 70. 
"School" does not 
include a private secondary school that is exempt from the 
provisions of 20 United States Code. Section 7908. 
~_.~udent information" means a student' s name. address 
~n...Q 
telephone number. 
2. 
Info!1mttion sent to parents or students at least 18 
years of age: fOrlll. 
Each school shall mail to the parent of a 
student in that school. or to a student who is at least 18 years 
of age. a letter and a form as provided in this subsection. 
A. 
The letter must state that: 
(1) 
Federal law requires the school to disseminate 
upon request student information to military recruiters 
or an institution of higher education; 
(2) 
The parent. or a student who is at least 18 years 
of age. may choose to have the school not disseminate 
student information either to military recruiters or 
institutions of higher education or both; and 
(3) 
The parent. or a student who is at least 18 years 
of age. may indicate this option on a form and convey 
the form or the relevant information on the form to the 
school 
either 
by 
hand 
delivery. 
electronic 
means. 
including e-mail 
and 
facsimile. 
or 
through 
regular 
mail. 
An e-mail address and facsimile number must be 
provided by the school for this purpose. 
B. The form must be in generally the following configuration. 
Form for parent: 
I am the parent or legal guardian of •.....•••..•.•••...•... 
who is a student at ..............•...•..••... 
Please do 
not release my child's name, address or telephone number to 
the following without my prior written consent <initial one 
or both): 
•.••• Military Recruiters 
..•.. Institutions of Higher Education 
Form for student at least 18 years of age: 
I am a student at ............••.........••. 
Please do not 
release 
my 
name, 
address 
or 
telephone 
number 
to 
the 
following without my prior written consent (initial one or 
both): 
•.... Military Recruiters 
..... Institutions of Higher Education 
If a school sends out individual emergency contact information 
forms, the school may meet the requirements of this subsection by 
including the 
form required by paragraph B on the emergency 
contact form. 
~L--PrQbibition on rele~~udent information. 
A school 
that is notified by a parent or a student who is at least 18 
years of age of that. person's choice to not have the student 
information released may not release that student's information. 
4. 
Rules. 
The department shall adopt routine technical 
rules 
pursuant 
to Title 
5, 
chapter 
375, 
subchapter 
2-A 
to 
implement the provisions of this section. 
SUMMARY 
The 
federal 
No 
Child Left 
Behind 
Act 
of 
2001 
requires 
secondary schools that receive federal 
funding 
to provide 
a 
student's 
name, 
address 
and 
telephone 
listing 
to 
military 
recruiters and institutions of higher education. 
Schools are 
required to notify parents of the requirements of the No Child 
Left Behind Act, but this may be done through a letter in the 
student handbook. 
A parent may request that such information not 
be released. 
This bill requires all secondary schools subject to the No 
Child Left Behind Act of 2001 to provide each parent, or student 
who is 18 years of age, with specific information regarding the 
requirements of the No Child Left Behind Act. 
This bill also 
requires the school to provide each parent, or a student who is 
at least 18 years of age, with a form that allows the parent or 
student to prohibit the school from providing information about 
the student to military recruiters or institutions of higher 
education or both. 
The parent or student may notify the school 
of the parent's or student's option through a number of means, 
including e-mail and regular mail. 
I f 
a school provides an emergency contact form to parents, 
it may include the opt-out form on the emergency contact form.