Printed on recycled paper 131st MAINE LEGISLATURE FIRST SPECIAL SESSION-2023 Legislative Document No. 1643H.P. 1053House of Representatives, April 12, 2023 An Act Regarding Instructional Materials, Surveys, Analyses, Evaluations and Events at Public Schools Reference to the Committee on Education and Cultural Affairs suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative SAMPSON of Alfred. Cosponsored by Senator BRAKEY of Androscoggin and Representatives: BOYER of Poland, DRINKWATER of Milford, FAULKINGHAM of Winter Harbor, FOSTER of Dexter, LYMAN of Livermore Falls, POLEWARCZYK of Wiscasset, QUINT of Hodgdon, WHITE of Guilford. Page 1 - 131LR1424(01) 1 2 is enacted to read: 3 4 As used in this section, unless the context otherwise indicates, the 5 following terms have the following meanings. 6 A. "Instructional material" means instructional content that is provided to a student, 7 regardless of its format, including printed or representational materials, audiovisual 8 materials and materials in electronic or digital formats. "Instructional material" does 9 not include academic tests or academic assessments. 10 B. "Invasive physical examination" means any medical examination that involves the 11 exposure of private body parts, or any act during such examination that includes 12 incision, insertion or injection into the body. "Invasive physical examination" does not 13 include a hearing, vision or scoliosis screening. 14 C. "Personal information" means individually identifiable information including: 15 (1) A student's, parent's or guardian's first and last name; 16 (2) A home or other physical address; 17 (3) A telephone number; or 18 (4) A social security number. 19 A school 20 administrative unit shall make all instructional materials, including teacher's manuals, 21 films, tapes or other supplementary material that is used in connection with any survey, 22 analysis or evaluation as part of any program administered by the department or the school 23 administrative unit, available for inspection by the parents or guardians of the children 24 enrolled in a school of the school administrative unit. 25 A student may not be required, as part 26 of any program administered by the department or a school administrative unit, to submit 27 to a survey, analysis or evaluation that reveals information concerning: 28 A. The political affiliations or beliefs of the student or the student's family; 29 B. Mental or psychological problems of the student or the student's family; 30 C. Sexual behavior or attitudes of the student or the student's family; 31 D. Illegal, antisocial, self-incriminating or demeaning behavior of the student or the 32 student's family; 33 E. Critical appraisals of other individuals with whom the student has close family 34 relationships; 35 F. Legally recognized privileged or analogous relationships, such as those of lawyers, 36 physicians and ministers; 37 G. Religious practices, affiliations or beliefs of the student or the student's family; or 38 H. Income, other than that required by law to determine eligibility for participation in 39 a program or for receiving financial assistance under a program, without the prior Page 2 - 131LR1424(01) 40 consent of the student, if the student is an adult or emancipated minor, or without the 41 prior written consent of the student's parent or guardian, if the student is an 42 unemancipated minor. 4 This subsection does not apply to a survey administered to a student in accordance with the 5 federal Individuals with Disabilities Education Act. 6 7 Except as 8 provided in subsections 2 and 3, a school administrative unit shall develop and adopt 9 policies, in consultation with the parents or guardians of the children enrolled in a school 10 of the school administrative unit, regarding the following: 11 A. The right of a parent or guardian of a student to inspect, upon the request of the 12 parent or guardian, a survey created by a 3rd party before the survey is administered or 13 distributed by a school to the student; 14 B. Any applicable procedures for granting a request by a parent or guardian for 15 reasonable access to a survey pursuant to paragraph A within a reasonable period of 16 time after the request is received; 17 C. Arrangements to protect student privacy, including the right of a parent or guardian 18 of a student to inspect, upon the request of the parent or guardian, any survey containing 19 one or more of the subjects described by subsection 3; 20 D. The right of a parent or guardian of a student to inspect, upon the request of the 21 parent or guardian, any instructional material used as part of the educational curriculum 22 for the student, including any applicable procedures for granting a request by a parent 23 or guardian for reasonable access to instructional material within a reasonable period 24 of time after the request is received; 25 E. The administration of invasive physical examinations that the school may administer 26 to a student; 27 F. The collection, disclosure or use of personal information collected from a student 28 for the purpose of marketing or for selling that information or otherwise providing that 29 information to others for that purpose, including arrangements to protect student 30 privacy; and 31 G. The right of a parent or guardian of a student to inspect, upon the request of the 32 parent or guardian, any instrument used in the collection of personal information under 33 this section before the instrument is administered or distributed to a student, including 34 any applicable procedures for granting a request by a parent or guardian for reasonable 35 access to such instrument within a reasonable period of time after the request is 36 received. 37 The policies developed by a school administrative unit 38 under this section must provide for reasonable notice of the adoption or continued use of 39 those policies directly to the parents or guardians of students enrolled in that school 40 administrative unit. At a minimum, the school administrative unit shall provide such notice 41 at least annually at the beginning of the school year and within a reasonable period of time 42 after any substantive change in those policies. 1 2 3 Page 3 - 131LR1424(01) 1 2 or guardian of a student enrolled in a school of the school administrative unit, at least 3 annually at the beginning of the school year, of the specific or approximate dates during 4 the school year when activities described in this subsection are scheduled or expected to be 5 scheduled. The school administrative unit shall offer an opportunity for the parent or 6 guardian, and for purposes of an activity described in this subsection, in the case of a 7 student of an appropriate age, the student, to opt the student out of participation in that 8 activity. This subsection applies to: 9 A. Activities involving the collection, disclosure or use of personal information 10 collected from a student for the purpose of marketing or for selling that information or 11 otherwise providing that information to others for that purpose; 12 B. The administration of any survey containing one or more subjects described by 13 subsection 3; and 14 C. Any nonemergency, invasive physical examination or screening that is: 15 (1) Required as a condition of attendance; 16 (2) Administered by the school administrative unit and scheduled by the school 17 administrative unit in advance; and 18 (3) Not necessary to protect the immediate health and safety of the student or of 19 other students. 20 21 transfer to the student when the student attains 18 years of age or is an emancipated minor 22 at any age. 23 24 This bill requires school administrative units to make all instructional materials 25 available for inspection by the parents or guardians of the children enrolled in a school of 26 the school administrative unit. The bill prohibits students from being required to submit to 27 a survey, analysis or evaluation that reveals certain information. The bill requires school 28 administrative units to adopt certain policies and notify parents or guardians of those 29 policies. The bill requires school administrative units to notify parents or guardians of 30 certain events and provide an opportunity for parents or guardians to opt students out of 31 those events. The bill provides that certain rights specified to parents or guardians transfer 32 to students when the students turn 18 years of age or are emancipated minors at any age. 24 25 26 27 28 29 30 31 32