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LD 1439

An Act To Protect The Health And Welfare Of Children In Public Schools By Requiring Parental Consent For Certain Tests, Analyses And Diagnoses

132nd Legislature (2025-2026) Introduced by Barbara Bagshaw and 9 co-sponsors

Requires parental consent for certain tests, analyses, and diagnoses in public schools, expanding beyond evaluations; SAUs must obtain consent.

Placed in Legislative Files (DEAD)
#parentalinvolvement #psychologicaltesting #schoolpolicies
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Bill Summary · LD 1439

Summary of LD 1439: An Act To Protect The Health And Welfare Of Children In Public Schools By Requiring Parental Consent For Certain Tests, Analyses And Diagnoses

Purpose and Intent

  • The bill seeks to protect the health and welfare of children in public schools by requiring parental consent for certain tests, analyses, and diagnoses conducted within the school setting.
  • It builds on and expands current requirements that local school administrative units (SAUs) obtain parental consent before conducting evaluations.

Key Provisions (as described in the fiscal notes)

  • The core provision would mandate parental consent for specified tests, analyses, and diagnoses performed by or through public schools.
  • The measure would extend existing consent requirements applicable to evaluations, potentially broadening the scope to additional tests (including, per subject area, psychological testing and related evaluations).
  • The responsibility for ensuring consent would rest with SAUs (schools).

Note: The exact list of tests and analyses covered by the consent requirement is not enumerated in the provided documents; the emphasis is on expanding parental consent obligations for evaluations conducted in public schools.

Affected Parties

  • Students in public schools in Maine.
  • Parents and legal guardians of those students.
  • Local school administrative units (SAUs), including school districts and schools.
  • Educators, administrators, and school staff involved in evaluating or diagnosing student needs.

Fiscal Impact

  • Preliminary and amended fiscal notes indicate potential cost increases for SAUs in the current biennium, tied to expanded consent requirements.
  • The fiscal impact could not be estimated precisely at the time of analysis; both notes state that costs may rise but depend on how many additional evaluations require consent and related administrative processes.
  • Two fiscal notes (LR1512(01) and LR1512(02)) were issued and approved on May 16, 2025.

Procedural History and Status

  • Introduced: April 3, 2025.
  • Referred to: Committee on Education and Cultural Affairs.
  • Key chronology:
    • April 3, 2025: Referred to committee.
    • May 2, 2025: Work session; Divided Report.
    • June 2, 2025: Reported Out ONTP/OTP-AM.
    • June 3, 2025: Passed in the House/Senate on a roll call; sent for concurrence.
    • June 4–5, 2025: Majority Ought Not to Pass report accepted in concurrence; subsequently placed in Legislative Files (DEAD).
  • Status: Dead, placed in Legislative Files on June 5, 2025.

Notes

  • The bill was amended during committee consideration (as reflected in the fiscal note LR1512(02)).
  • While not enacted, the bill indicates legislative interest in strengthening parental involvement and consent requirements for school-based assessments, including psychological evaluations.

Compiled from official sources — confirm details with the bill’s official record.

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