An Act Regarding Parental Rights in Education
Maine Legislature, Session 131, LD 1800
Committee: Education and Cultural Affairs
Sponsors: KEIM, BENNETT, FARRIN, GUERIN, MOORE, ARATA, HENDERSON, LYMAN
Amends: 19-A MRSA §1651, 19-A MRSA §1653, 20-A MRSA §6308

Legislative Document
No. 1800
S.P. 725
In Senate, April 25, 2023
An Act Regarding Parental Rights in Education
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Senators: BENNETT of Oxford, FARRIN of Somerset, GUERIN of 
Penobscot, MOORE of Washington, Representatives: ARATA of New Gloucester, 
HENDERSON of Rumford, LYMAN of Livermore Falls.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §1651, as amended by PL 2015, c. 296, Pt. C, §17 and affected 
by Pt. D, §1, is further amended to read:
§1651.  Parents joint natural guardians of children
The parents are the joint natural guardians of their minor children and are jointly 
entitled to the care, custody, control, services and earnings of their children. Neither parent 
has any rights paramount to the rights of the other with reference to any matter affecting 
their children.  Each parent has the fundamental right to make decisions regarding the 
upbringing, education and well-being of that parent's children.
Sec. 2.  19-A MRSA §1653, sub-§2-A is enacted to read:
2-A.  Parental rights and responsibilities with regard to education.  A parent is 
entitled to access all information regarding the school activities of the parent's minor child.  
A parent is entitled to review all teaching or instructional materials, required textbooks, 
course syllabi, lesson plans and other teaching aids used in the classroom of the parent's 
minor child, including while that parent's minor child is participating in virtual or remote 
learning.
Sec. 3.  20-A MRSA §6308 is enacted to read:
§6308.  Parental rights regarding student health and welfare
A parent has the fundamental right to make decisions regarding the upbringing, 
education and well-being of that parent's child.
1.  Notification requirements.  At the beginning of the school year, each school 
administrative unit shall notify each parent of each health care service offered at the school 
and offer the option to withhold consent for or decline any specific health care service for 
the student. Parental consent to a health care service does not waive the parent's right to 
access the student's educational or health records or to be notified about a change in the 
student's health care services or monitoring as provided by this subsection. The governing 
body of each school administrative unit shall adopt and notify parents of procedures:
A.  For notifying a student's parent if:
(1) The student's health care services change;
(2) Monitoring of the student's mental, emotional or physical health or well-being 
indicates a change in the student's mental, emotional or physical health or well-
being; or
(3)  The school's ability to provide a safe and supportive learning environment for 
the student has changed; and
B.  For a student's parent to notify the principal, or the principal's designee, regarding 
concerns about health care services for or the mental, emotional or physical health or 
well-being of the student and:
(1) A process for resolving those concerns within 7 calendar days after notification 
by the parent; and
(2) A process to require that if within 30 days after notification by the parent that 
a concern described by this paragraph remains unresolved, the school 
administrative unit must either resolve the concern or provide a statement of the 
reasons for not resolving the concern.
The procedures adopted under this subsection must require school administrative unit 
personnel to encourage a student to discuss issues relating to the student's well-being with 
the student's parent or to facilitate discussion of the issue with the parent.
The procedures adopted under this subsection may not prohibit parents from accessing any 
educational or health records created, maintained or used by the school administrative unit.
2.  Prohibition regarding procedures or forms. The governing body of a school 
administrative unit may not adopt procedures or student support forms that:
A. Prohibit school administrative unit personnel from notifying a parent of a student 
about that student's mental, emotional or physical health or well-being or a change in 
services or monitoring as provided in subsection 1; or 
B. Encourage or have the effect of encouraging a student to withhold from the student's 
parent information described by paragraph A.
3.  Prohibition regarding personnel.  School administrative unit personnel may not 
discourage or prohibit parental notification of and involvement in critical decisions 
affecting a student's mental, emotional or physical health or well-being.
4.  Exception.  This section does not prohibit a school administrative unit from 
adopting procedures that permit school administrative unit personnel to withhold such 
information from a parent if a reasonably prudent person would believe that disclosure 
would result in abuse or neglect as defined in Title 22, section 4002, subsection 1 or 
abandonment as defined in Title 22, section 4002, subsection 1-A.
5.  Questionnaires and screening forms.  Before administering a student well-being 
questionnaire or health screening form to a student in kindergarten to grade 3, the school 
administrative unit shall provide the questionnaire or health screening form to the parent 
and obtain the permission of the parent.
6.  Special magistrate and civil action.  If a concern raised under subsection 1, 
paragraph B remains unresolved, the parent may:
A.  Request the commissioner to appoint a special magistrate to determine facts relating 
to the dispute over the school administrative unit procedure or practice, consider 
information provided by the school administrative unit and render a recommended 
decision for resolution to the state board within 30 days after receipt of the request by 
the parent. The special magistrate must be a member of the bar of the State in good 
standing who has at least 5 years' experience in administrative law. The state board 
must approve or reject the recommended decision at its next regularly scheduled 
meeting that is more than 7 calendar days and no more than 30 calendar days after the 
date the recommended decision is transmitted. The costs of the special magistrate are 
paid by the school administrative unit. The state board shall adopt rules, including 
forms, necessary to implement this paragraph.  Rules adopted pursuant to this 
paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; 
and
B.  Bring a civil action against the school administrative unit in the District Court or 
Superior Court of the city or county where the school administrative unit is located. 
The court may grant equitable relief as is necessary to remedy the effects of conduct 
that it finds to exist and is prohibited under this section, including, but not limited to, 
declaratory judgment and injunctive relief. A court may award damages and shall 
award reasonable attorney's fees and court costs to a parent who receives declaratory 
judgment or injunctive relief.
SUMMARY
This bill removes a provision that parents are jointly entitled to the care, custody, 
control, services and earnings of their children.  The bill provides that each parent has the 
fundamental right to make decisions regarding the upbringing, education and well-being of 
the parent's children and that a parent is entitled to access all information regarding the 
school activities of the parent's minor child.  The bill requires school administrative units 
to notify parents of certain activities relating to student health and well-being and also to 
adopt procedures related to parental notification about, involvement in and addressing 
concerns about a student's mental, emotional or physical health or well-being.