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

• Justice
• 05/16/2023

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.