Resolve, Directing the State Board of Education To Adopt Rules Prohibiting Teachers in Public Schools from Engaging in Political, Ideological or Religious Advocacy in the Classroom
Maine Legislature, Session 129, LD 0589
Committee: Education and Cultural Affairs
Sponsors: LOCKMAN, GUERIN, ARATA, BRADSTREET, CAMPBELL, O'CONNOR, PERKINS

Legislative Document
No. 589
H.P. 433
House of Representatives, February 5, 2019
Resolve, Directing the State Board of Education To Adopt Rules 
Prohibiting Teachers in Public Schools from Engaging in Political, 
Ideological or Religious Advocacy in the Classroom
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative LOCKMAN of Bradley.
Cosponsored by Senator GUERIN of Penobscot and
Representatives: ARATA of New Gloucester, BRADSTREET of Vassalboro, CAMPBELL of 
Orrington, O'CONNOR of Berwick, PERKINS of Oakland.
Preamble. Whereas, the purpose of public education in America is to produce 
knowledgeable and competent adults able to participate as informed citizens in the 
democratic process; and
Whereas, education in a democracy is best served by teaching students how to 
think, not telling them what to think; and
Whereas, our country is divided over many issues affecting its citizens; and
Whereas, it has been established through surveys that a majority of kindergarten to 
grade 12 teachers discuss controversial issues in their classrooms; and
Whereas, it has been established that some teacher training institutions, teacher 
licensing agencies, state education departments and professional teacher organizations 
have condoned and even encouraged this behavior under the guise of "teaching for social 
justice" and other sectarian doctrines; and
Whereas, time spent on political or ideological indoctrination takes time away from 
instruction in the academic subjects taught by public educational institutions including 
the foundational subjects of mathematics, science, English, history and civics and 
prevents students from receiving the best possible public education as funded by the 
taxpayers of the State; and
Whereas, parents and taxpayers have a right to expect that taxpayer resources will 
be spent on education, not political or ideological indoctrination; now, therefore, be it
Sec. 1.  State Board of Education to adopt rules prohibiting teachers in 
public schools from engaging in political, ideological or religious advocacy in 
the classroom. Resolved:  That the State Board of Education shall adopt rules 
prohibiting teachers in public schools from engaging in political, ideological or religious 
advocacy in the classroom.  Rules adopted under this resolve must be clear and provide 
enforcement mechanisms for appropriate and professional ethical behavior by teachers 
licensed in the State in tax-supported schools to prohibit teachers using the classroom to 
engage in political, ideological or religious advocacy.
Sec. 2.  Rules criteria.  Resolved:  That the rules required by this resolve must 
prohibit a teacher in a public school during class time or while otherwise operating within 
the scope of employment as a teacher from doing the following:
1.  Endorsing, supporting or opposing any candidate or nominee for public office or 
any elected or appointed official regardless of whether the official is a member of the 
local, state or federal government;
2.  Endorsing, supporting or opposing any pending, proposed or enacted legislation or 
regulation regardless of whether the legislation or regulation is pending or proposed or 
has been enacted at the local, state or federal level;
3.  Endorsing, supporting or opposing any pending, proposed or decided court case or 
judicial action regardless of whether the court case or judicial action is at the local, state 
or federal level;
4.  Endorsing, supporting or opposing any pending, proposed or executed executive 
action by an executive or executive branch agency at the local, state or federal level;
5.  Introducing any controversial subject matter that is not germane to the topic of the 
course being taught;
6.  Endorsing, supporting or engaging in any activity that hampers or impedes the 
lawful access of a military recruiter to the school campus;
7.  Endorsing, supporting or engaging in any activity that hampers or impedes the 
actions of local, state or federal law enforcement;
8.  Advocating in a partisan manner for any side of a controversial issue; the rules 
must require a teacher to provide students with materials supporting both sides of a 
controversial issue being addressed and to present both sides in a fair-minded, 
nonpartisan manner. For purposes of this paragraph, "controversial issue" means an issue 
that is a point made in an electoral party platform at the local, state or federal level; or
9.  Segregating students according to race or singling out one racial group of students 
as responsible for the suffering or inequities experienced by another racial group of 
students.
Sec. 3.  Violations; notice; training.  Resolved:  That rules adopted under this 
resolve must contain clear guidelines for enforcement and provide penalties for violations 
up to and including termination.  The State Board of Education shall provide written 
notice to all affected teachers, parents and students of their respective rights and 
responsibilities under the rules and shall provide at least 3 hours of annual continuing 
teacher education to affected teachers to instruct the teachers in the teacher 
responsibilities required by the rules.
Sec. 4.  Voluntary adoption of educator's code of ethics.  Resolved:  That 
all state professional teacher organizations and unions be requested to voluntarily adopt 
an educator's code of ethics and professional responsibility that incorporates the rules 
adopted pursuant to this resolve and that specifically prohibit teachers in kindergarten to 
grade 12 instruction from using the classroom for political indoctrination.
Sec. 5.  Major substantive rules. Resolved:  That rules adopted pursuant to this 
resolve are major substantive rules as defined by the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A.
SUMMARY
This resolve directs the State Board of Education to adopt major substantive rules 
prohibiting teachers in public schools from engaging in political, religious or ideological 
advocacy in the classroom or from introducing any controversial subject matter that is not 
germane to the topic of the course being taught, with penalties for violations up to and 
including termination of the teacher. This resolve requires the State Board of Education to 
provide written notice of the rules to all affected teachers, parents and students and for 
teachers to receive annually at least 3 hours of continuing teacher education to instruct the 
teachers on the rules.  Finally, this resolve requests professional teacher organizations and 
unions to voluntarily adopt an educator's code of ethics and professional responsibility 
that incorporates the rules and that specifically prohibits teachers in kindergarten to grade 
instruction from using the classroom for political indoctrination.