Wednesday, September 4, 2013

Statement from NCCM on Governor LePage's Executive Order

Gov. Paul LePage signed an executive order Wednesday regarding Maine schools local control and student privacy.

"We appreciate the governor taking this initiative [Executive Order] to enforce local control of education, ensure student privacy and to encourage high quality standards. This comes on the heels of Commissioner Bowen’s departure which can now provide the opportunity to fully examine all of the issues connected with Common Core. Our desire is genuine high quality education for our children."


WHEREAS, Under Maine law, the state’s ultimate goal with regard to its schools is that they will “enable today’s students to gain the knowledge and skills necessary for post secondary education, career, citizenship and military”; and

WHEREAS, rigorous state standards detailing expected learning outcomes for students are essential if the state is to meet that goal; and

WHEREAS, The adoption of state standards for learning outcomes should be done in an open, transparent way that includes ample opportunity for public review and comment, and

WHEREAS, The federal government has no constitutional authority to set learning standards in Maine or any other state, nor determine how children in the State of Maine or any other state will be educated; and

WHEREAS, The Maine Constitution specifically grants to local governments responsibility for “the support and maintenance of public schools”; and

WHEREAS, It is therefore the right of local school units, not the state, to develop and or adopt curricula and instructional approaches consistent with state learning standards; and

WHEREAS, The protection of student and family privacy is a fundamental right of all Maine people;

NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as follows:

That the Department of Education shall not adopt any educational standards, curricula or instructional approaches that may be mandated by the federal government.

That the Department of Education shall not apply for any federal grant that requires, as a condition of application, the adoption of any federally-developed standards, curricula or instructional approaches.

That, consistent with state statute, the Department of Education may provide guidance and technical assistance to schools, but may not require the adoption of specific curricula or instructional approaches.

That any amending of Maine’s Learning Results standards must be done through a transparent public rulemaking process that allows Maine people ample time and opportunity to review proposed changes and provide feedback.Specifically, the Department of Education shall ensure that any amendment to the Learning Results be posted for public review and comment for at least 60 days. Any comments received during this notice period shall be made public prior to final adoption of any changes.

That the collection of student data by school districts and the state Department of Education must be done in a manner consistent with state and federal laws intended to protect student privacy. No personally identifiable data on students and/or their families’ religion, political party affiliation, psychometric data, biometric information, and/or voting history shall be collected, tracked, housed, reported or shared with the federal government, nor provided to private vendors for the purposes of marketing or business development.

The effective date of the Executive Order is September 4, 2013.


  1. thank you governor! all I would change is the last line ....private vendors for ANY purpose!

    thank you for listening and investigating and acting immediately. This was truly an immoral attempt by progressives to move us in a very bad direction and certainly needed emergency action.

    does this remain law even if another governor should be in power, or can it be repealed as quickly as it was enacted?

    1. This is a good first step, but it needs to be followed by legislation.

  2. Legislation according to these guidelines might be helpful, but I suggest that, even these, might tend to confuse some voters. All that is necessary, is for the People to understand that the national Constitution grants no power to the "federal" government to be involved in education, and that the Constitution of Maine, Article VIII, Part First, that "the Legislature are authorized, and it shall be THEIR DUTY, to require the several towns to make suitable provision, AT THEIR OWN EXPENSE, for the support and maintenance of public schools;" (Emphasis added)