An Act Regarding Instructional Materials, Surveys, Analyses, Evaluations and Events at Public Schools
Maine Legislature, Session 131, LD 1643
Committee: Education and Cultural Affairs
Sponsors: SAMPSON, BRAKEY, BOYER, DRINKWATER, FAULKINGHAM, FOSTER, LYMAN, POLEWARCZYK, QUINT, WHITE
Amends: 20-A MRSA §4015

Legislative Document
No. 1643
H.P. 1053
House of Representatives, April 12, 2023
An Act Regarding Instructional Materials, Surveys, Analyses, 
Evaluations and Events at Public Schools
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Cosponsored by Senator BRAKEY of Androscoggin and
Representatives: BOYER of Poland, DRINKWATER of Milford, FAULKINGHAM of Winter 
Harbor, FOSTER of Dexter, LYMAN of Livermore Falls, POLEWARCZYK of Wiscasset, 
QUINT of Hodgdon, WHITE of Guilford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §4015 is enacted to read:
§4015.  Instructional materials, surveys, analyses, evaluations and events
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Instructional material" means instructional content that is provided to a student, 
regardless of its format, including printed or representational materials, audiovisual 
materials and materials in electronic or digital formats. "Instructional material" does 
not include academic tests or academic assessments.
B. "Invasive physical examination" means any medical examination that involves the 
exposure of private body parts, or any act during such examination that includes 
incision, insertion or injection into the body. "Invasive physical examination" does not 
include a hearing, vision or scoliosis screening.
C. "Personal information" means individually identifiable information including:
(1) A student's, parent's or guardian's first and last name;
(2) A home or other physical address;
(3) A telephone number; or
(4) A social security number.
2. Inspection of instructional materials by parents or guardians.  A school 
administrative unit shall make all instructional materials, including teacher's manuals, 
films, tapes or other supplementary material that is used in connection with any survey, 
analysis or evaluation as part of any program administered by the department or the school 
administrative unit, available for inspection by the parents or guardians of the children 
enrolled in a school of the school administrative unit.
3. Limits on surveys, analyses or evaluations. A student may not be required, as part 
of any program administered by the department or a school administrative unit, to submit 
to a survey, analysis or evaluation that reveals information concerning:
A. The political affiliations or beliefs of the student or the student's family;
B. Mental or psychological problems of the student or the student's family;
C. Sexual behavior or attitudes of the student or the student's family;
D. Illegal, antisocial, self-incriminating or demeaning behavior of the student or the 
student's family;
E. Critical appraisals of other individuals with whom the student has close family 
relationships;
F. Legally recognized privileged or analogous relationships, such as those of lawyers, 
physicians and ministers;
G. Religious practices, affiliations or beliefs of the student or the student's family; or
H. Income, other than that required by law to determine eligibility for participation in 
a program or for receiving financial assistance under a program, without the prior 
consent of the student, if the student is an adult or emancipated minor, or without the 
prior written consent of the student's parent or guardian, if the student is an 
unemancipated minor.
This subsection does not apply to a survey administered to a student in accordance with the 
federal Individuals with Disabilities Education Act.
4. Development of local policies concerning student privacy, parental access to 
information and administration of certain physical examinations to minors. Except as 
provided in subsections 2 and 3, a school administrative unit shall develop and adopt 
policies, in consultation with the parents or guardians of the children enrolled in a school 
of the school administrative unit, regarding the following:
A. The right of a parent or guardian of a student to inspect, upon the request of the 
parent or guardian, a survey created by a 3rd party before the survey is administered or 
distributed by a school to the student; 
B. Any applicable procedures for granting a request by a parent or guardian for 
reasonable access to a survey pursuant to paragraph A within a reasonable period of 
time after the request is received; 
C. Arrangements to protect student privacy, including the right of a parent or guardian 
of a student to inspect, upon the request of the parent or guardian, any survey containing 
one or more of the subjects described by subsection 3;
D. The right of a parent or guardian of a student to inspect, upon the request of the 
parent or guardian, any instructional material used as part of the educational curriculum 
for the student, including any applicable procedures for granting a request by a parent 
or guardian for reasonable access to instructional material within a reasonable period 
of time after the request is received;
E. The administration of invasive physical examinations that the school may administer 
to a student;
F. The collection, disclosure or use of personal information collected from a student 
for the purpose of marketing or for selling that information or otherwise providing that 
information to others for that purpose, including arrangements to protect student 
privacy; and
G. The right of a parent or guardian of a student to inspect, upon the request of the 
parent or guardian, any instrument used in the collection of personal information under 
this section before the instrument is administered or distributed to a student, including 
any applicable procedures for granting a request by a parent or guardian for reasonable 
access to such instrument within a reasonable period of time after the request is 
received.
5. Notification of policies. The policies developed by a school administrative unit 
under this section must provide for reasonable notice of the adoption or continued use of 
those policies directly to the parents or guardians of students enrolled in that school 
administrative unit. At a minimum, the school administrative unit shall provide such notice 
at least annually at the beginning of the school year and within a reasonable period of time 
after any substantive change in those policies. 
6.  Notification of events.  A school administrative unit shall directly notify a parent 
or guardian of a student enrolled in a school of the school administrative unit, at least 
annually at the beginning of the school year, of the specific or approximate dates during 
the school year when activities described in this subsection are scheduled or expected to be 
scheduled. The school administrative unit shall offer an opportunity for the parent or 
guardian, and for purposes of an activity described in this subsection, in the case of a 
student of an appropriate age, the student, to opt the student out of participation in that 
activity. This subsection applies to:
A.  Activities involving the collection, disclosure or use of personal information 
collected from a student for the purpose of marketing or for selling that information or 
otherwise providing that information to others for that purpose;
B.  The administration of any survey containing one or more subjects described by 
subsection 3; and
C.  Any nonemergency, invasive physical examination or screening that is:
(1)  Required as a condition of attendance;
(2)  Administered by the school administrative unit and scheduled by the school 
administrative unit in advance; and
(3)  Not necessary to protect the immediate health and safety of the student or of 
other students.
7.  Student rights.  The rights provided to a parent or guardian under this section 
transfer to the student when the student attains 18 years of age or is an emancipated minor 
at any age.
SUMMARY
This bill requires school administrative units to make all instructional materials 
available for inspection by the parents or guardians of the children enrolled in a school of 
the school administrative unit. The bill prohibits students from being required to submit to 
a survey, analysis or evaluation that reveals certain information. The bill requires school 
administrative units to adopt certain policies and notify parents or guardians of those 
policies. The bill requires school administrative units to notify parents or guardians of 
certain events and provide an opportunity for parents or guardians to opt students out of 
those events. The bill provides that certain rights specified to parents or guardians transfer 
to students when the students turn 18 years of age or are emancipated minors at any age.