Resolve, Directing the Department of Education to Adopt Rules Prohibiting Teachers in Public Schools from Engaging in Political, Ideological and Religious Advocacy in the Classroom
Maine Legislature, Session 131, LD 1589
Committee: Education and Cultural Affairs
Sponsors: SMITH, BAGSHAW, FREDERICKS, GRIFFIN, HENDERSON, RUDNICKI, SOBOLESKI, WHITE

Legislative Document
No. 1589
H.P. 1034
House of Representatives, April 11, 2023
Resolve, Directing the Department of Education to Adopt Rules 
Prohibiting Teachers in Public Schools from Engaging in Political, 
Ideological and 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 SMITH of Palermo.
Cosponsored by Representatives: BAGSHAW of Windham, FREDERICKS of Sanford, 
GRIFFIN of Levant, HENDERSON of Rumford, RUDNICKI of Fairfield, SOBOLESKI of 
Phillips, WHITE of Guilford.
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 from using the classroom 
to engage in political, ideological or religious advocacy.
Sec. 2.  Rules criteria.  Resolved: That the rules adopted under section 1 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 issue 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; 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.
For purposes of this section, "controversial issue" means an issue that is a point made 
in the most recent electoral party platform of any party that is qualified for the ballot at the 
state or federal level.
Sec. 3.  Violations; notice; training.  Resolved: That rules adopted under section 
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 the 
Department of Education shall request all state professional teacher organizations and 
unions to voluntarily adopt an educator's code of ethics and professional responsibility that 
incorporates the rules adopted under section 1 and that specifically prohibits teachers in 
kindergarten to grade 12 instruction from using the classroom for political indoctrination.
Sec. 5.  Major substantive rules.  Resolved: That rules adopted under section 1 
are major substantive rules as defined by the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A.
Sec. 6.  Committee required to report out legislation.  Resolved:  That on 
review of the rules adopted under section 1, the joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs shall report out legislation to 
incorporate the rule-making authority of the State Board of Education authorized by this 
resolve into the Maine Revised Statutes.
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.  This resolve directs the Department of Education to request 
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 12 instruction from using the classroom for 
political indoctrination.  The resolve requires the joint standing committee of the 
Legislature having jurisdiction over education and cultural affairs to report out legislation 
to incorporate the rulemaking described in this resolve into statute.