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ME LD1953

ME LD1953
RESOLUTION, Proposing an Amendment to the Constitution of Maine to Establish a Parental Bill of Rights


summary

Introduced
05/16/2023
In Committee
05/16/2023
Crossed Over
Passed
Dead
06/21/2023

Introduced Session

131st Legislature

Bill 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.

AI Summary

This bill proposes to amend the Constitution of Maine to establish a "Parental Bill of Rights". The key provisions are: 1. It prohibits the state or any of its political subdivisions, including school boards, from infringing on the fundamental rights of parents to direct the upbringing and education of their minor children, unless the state can demonstrate a compelling interest and that the action is narrowly tailored. 2. It describes specific parental rights that are reserved to parents without obstruction or interference, including the right to direct the education and upbringing of their child, enroll their child in public or private schools, access school records, and be notified of certain school-related actions or incidents. 3. It requires school boards, in consultation with parents, to develop and publicly adopt a policy to promote parental involvement in the public school system, including procedures for parents to access information about curriculum, activities, services, and their rights. 4. It allows parents to bring legal action for declaratory relief, injunctive relief, and monetary damages against the state or any government entity they claim has violated these parental rights.

Committee Categories

Justice

Sponsors (10)

Last Action

Accepted Majority (ONTP) Report, Jun 21, 2023 (on 06/21/2023)

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