Maine Legislature, Session 131, LD 1953
Committee: Judiciary
Sponsors: POIRIER, GUERIN, DUCHARME, FAULKINGHAM, GREENWOOD, HENDERSON, NESS, PARRY, SAMPSON, WHITE

Legislative Document
No. 1953
H.P. 1255
House of Representatives, May 16, 2023
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine to Establish a Parental Bill of Rights
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative POIRIER of Skowhegan.
Cosponsored by Senator GUERIN of Penobscot and
Representatives: DUCHARME of Madison, FAULKINGHAM of Winter Harbor, 
GREENWOOD of Wales, HENDERSON of Rumford, NESS of Fryeburg, PARRY of 
Arundel, SAMPSON of Alfred, WHITE of Guilford.
Constitutional amendment. Resolved: Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed:
Constitution, Article IX, §26 is enacted to read:
Section 26.  Parental rights.
1.  Definition.  As used in this section, unless the context otherwise indicates, "parent" 
means a person who has legal custody of a minor child as a natural or adoptive parent or a 
legal guardian, but does not include a parent with whom the parent-child relationship has 
been terminated by judicial decree or voluntary relinquishment.
2.  Infringement of parental rights prohibited.  The State, any of its political 
subdivisions, including, but not limited to, a school board, school district or school 
administrative unit, or any other governmental entity may not infringe on the fundamental 
rights of a parent to direct the upbringing and education of that parent's minor child without 
demonstrating that such action is reasonable and necessary to achieve a compelling state 
interest and that such action is narrowly tailored and cannot be achieved by less restrictive 
means.
3.  Parental rights.  The following provisions govern parental rights.
A.  All parental rights are reserved to the parent of a minor child in this State without 
obstruction or interference from the State, any of its political subdivisions, including, 
but not limited to, a school board, school district or school administrative unit, or any 
other governmental entity.  The rights reserved to the parent include but are not limited 
to:
(1)  The right to direct the education and care of the parent's minor child;
(2)  The right to direct the upbringing and the moral or religious training of the 
parent's minor child;
(3)  The right to apply to enroll the parent's minor child in a public school or, as an 
alternative to public education, a private school, including a religious school, a 
home education program or other available options, as authorized by law;
(4)  The right to access and review all school records relating to the parent's minor 
child; and
(5)  The right to be notified promptly if an employee of the State, any of its political 
subdivisions or any other governmental entity has a reasonable basis to believe that 
a criminal offense has been committed against the parent's minor child, unless the 
incident has first been reported to law enforcement or a government agency that is 
responsible for child welfare and notifying the parent would impede the 
investigation.
B.  An employee of the State, any of its political subdivisions, including, but not limited 
to, any school board, school district or school administrative unit, or any other 
governmental entity that encourages or coerces, or attempts to encourage or coerce, a 
minor child to withhold information from the minor child's parent who is not suspected 
of a criminal offense against the minor child, as long as sharing the information would 
not impede an investigation of a criminal offense against the minor child, may be 
subject to disciplinary action.
A parent of a minor child in this State has rights that are more comprehensive than those 
listed in this section.  This section may not be construed to prescribe all rights of a parent 
of a minor child in this State.  
4. Parental rights in education.  The following provisions govern parental rights in 
education.
A.  Each school board, school district or school administrative unit shall, in 
consultation with parents, teachers and administrators, develop and publicly adopt a 
policy to promote parental involvement in the public school system.  This policy must 
include:
(1)  A plan for parental participation in schools to improve parent and teacher 
cooperation in such areas as homework, school attendance and discipline;
(2)  A procedure for a parent to learn about the parent's minor child’s course of 
study, including the source of any supplemental education materials;
(3)  Procedures for a parent to learn about the nature and purpose of clubs and 
activities offered at the parent's minor child’s school, including those that are 
extracurricular or part of the school curriculum;
(4)  Procedures for a parent to learn about gifted or special education programs 
offered in the district;
(5)  Procedures for a parent to learn about parental rights and responsibilities under 
general law, including all of the following:
(a)  The parent's right to object to instructional materials and other materials 
used in the classroom;
(b)  The parent's right to exercise the parent's option to obtain an exception for 
the parent's minor child to a particular health or sex education instruction;
(c)  The parent's right to exempt the parent's minor child from immunizations;
(d)  The parent's right to review statewide, standardized assessment results;
(e)  The parent's right to inspect school district instructional materials;
(f)  The parent's right to access information relating to the school district’s 
policies for promotion or retention, including high school graduation 
requirements;
(g)  The parent's right to receive a school report card and be informed of the 
parent's minor child’s attendance requirements and compliance with such 
requirements;
(h)  The parent's right to access information relating to the state standards, 
report card requirements, attendance requirements and instructional materials 
requirements;
(i)  The parent's right to participate in parent-teacher associations and parent-
teacher organizations that are sanctioned by a school board or a government 
agency that is responsible for education; and
(j)  The right of a parent to opt out of any district-level data collection relating 
to the parent's minor child not required by law;
(6)  The right to be notified promptly when any school board, school district, school 
administrative unit, school administrator or other school employee initiates, 
terminates or changes:
(a)  The parent's minor child's course of study or registration in classes, athletic 
teams, clubs or other extracurricular activities;
(b)  Any discipline imposed by school authorities on the parent's minor child;
(c)  Services recommended or provided to the parent's minor child pursuant to 
an individualized education plan or federal law that protects a person with a 
disability from discrimination based on that person's disability;
(d)  Provision of any state or federal medical services;
(e)  Enrollment in any federal services for students from low-income families;
(f)  Off-campus activities, including field trips or off-campus privileges;
(g)  Medical treatment, including provision of medication, psychological or 
counseling services; or
(h)  Directory information; and
(7)  The right to be notified promptly when any school board, school district, school 
administrative unit, school administrator or other school employee initiates, 
investigates or finds the need for any action by school authorities relating to the 
parent's minor child pursuant to school policies governing student conduct, 
truancy, dress code violations, sexual harassment, bullying, hazing, behavior 
management and intervention, substance use, suicide prevention, gender 
expression or identity, disability accommodation and special meal prescription.  
B.  A parent may request in writing from the superintendent of a school district or 
school administrative unit the information required under this subsection.  Within 10 
business days of the request, the superintendent shall provide the information to the 
parent.  If the superintendent denies a parent’s request for information or does not 
respond to the parent’s request within 10 business days, the parent may appeal the 
denial to the school board.  The school board shall place a parent’s appeal on the agenda 
for its next public meeting.  If it is too late for a parent’s appeal to appear on the next 
agenda, the appeal must be included on the agenda for the subsequent meeting.  If a 
parent is dissatisfied with the results of the appeal, or the appeal does not take place in 
a timely fashion as required by this paragraph, the aggrieved parent may bring an action 
for declaratory and injunctive relief.
5. Exceptions.  This section does not:
A.  Authorize a parent of a minor child in this State to engage in conduct that is 
unlawful or to abuse or neglect the parent's minor child in violation of general law;
B.  Restrict the authority of a government agency that is responsible for health and 
human services; or
C.  Prohibit a court of competent jurisdiction, a law enforcement officer or an employee 
of a government agency that is responsible for child welfare from acting in that entity's 
or person's official capacity.
6.  Violations.  A parent claiming a violation of any provisions of this section may 
bring an action for declaratory relief, injunctive relief and money damages against the State, 
any of its political subdivisions, including, but not limited to, any school board, school 
district or school administrative unit, or any other governmental entity that the parent 
claims has violated this section in a court having jurisdiction over the relevant individual 
or the State or any of its political subdivisions.  If the court rules in favor of the parent, it 
may award reasonable attorney's fees and court costs to the parent.
Constitutional referendum procedure; form of question; effective date.  
Resolved:  That the municipal officers of this State shall notify the inhabitants of their 
respective cities, towns and plantations to meet, in the manner prescribed by law for holding 
a statewide election, at a statewide election held in the month of November following the 
passage of this resolution, to vote upon the ratification of the amendment proposed in this 
resolution by voting upon the following question:
"Do you favor amending the Constitution of Maine to describe parental 
rights that are reserved to the parent of a minor child, limit the infringement 
of these rights by the State or a political subdivision of the State and require 
a school board to publicly adopt a policy to promote parental involvement 
in the public school system?"
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within the corresponding square 
below the word "Yes" or "No."  The ballots must be received, sorted, counted and declared 
in open ward, town and plantation meetings and returns made to the Secretary of State in 
the same manner as votes for members of the Legislature.  The Governor shall review the 
returns.  If it appears that a majority of the legal votes are cast in favor of the amendment, 
the Governor shall proclaim that fact without delay and the amendment becomes part of 
the Constitution of Maine on the date of the proclamation.
Secretary of State shall prepare ballots.  Resolved:  That the Secretary of State 
shall prepare and furnish to each city, town and plantation all ballots, returns and copies of 
this resolution necessary to carry out the purposes of this referendum.
SUMMARY
This resolution proposes to amend the Constitution of Maine to provide that the State, 
any of its political subdivisions, including, but not limited to, a school board, school district 
or school administrative unit, or any other governmental entity may not infringe on the 
fundamental rights of a parent to direct the upbringing and education of that parent's minor 
child without demonstrating that such action is reasonable and necessary to achieve a 
compelling state interest and that each action is narrowly tailored and cannot be achieved 
by less restrictive means. It describes parental rights that are reserved to the parent of a 
minor child without obstruction or interference from the State, any of its political 
subdivisions, including, but not limited to, a school board, school district or school 
administrative unit, or any other governmental entity. It requires a school board, school 
district or school administrative unit, in consultation with parents, teachers and 
administrators, to develop and publicly adopt a policy to promote parental involvement in 
the public school system. A parent claiming a violation of these provisions may bring an 
action for declaratory relief, injunctive relief and money damages against the State, any of 
its political subdivisions, including, but not limited to, any school board, school district or 
school administrative unit, or any other governmental entity that the parent claims has 
violated these provisions.