School Health Center Violating Parental Rights
King Middle School in Portland, Maine, has initiated a policy allowing for the distribution of contraceptives, including prescription contraceptives, to students as young as eleven years old. The policy does not allow for parental consent. The King Student Health Center has offered what they call comprehensive reproductive healthcare, including providing contraceptive devices and prescriptions since it opened in 2000. The school serves students in grades 6 to 8.
While the School Districts Health Program is distributing contraceptives to minors, the law in Maine prohibits anyone from engaging in sexual relationships with a person under the age of 14. This law applies regardless of the age of the other person involved. In fact, a healthcare provider is required to report all known or suspected cases of sexual relations with minors age 13 and under to the Department of Health and Human Services. Abuse must also be reported to the appropriate district attorneys office. The local district attorney has stated that when someone is under age 14, it is a crime and must be reported. The DA went on to state that, the healthcare provider has no discretion in the matter. Its up to the district attorneys office to decide. The local DA contacted Portland school officials once their office was notified that the schools health clinic thought it had the authority to decide whether a childs sexual activity should be reported.
I have commissioned some of our senior lawyers to prepare a legal memorandum to the school concerning the policy. It is outrageous to us that a student who previously could not get an aspirin without parental consent can now get access to prescription medicines, including birth control, without parental consent. We are sending a demand letter to school officials to have the policy changed.
Another school committee meeting is scheduled for November 7th, which would include a policy which would not allow for the distribution of birth control prescriptions to students as young as eleven years old. We will keep you posted.