Constitutionally Protected Prayer in Public Elementary and Secondary Schools

INFORMATIONAL LETTER: 30
POLICY CODE: IMD

TO: Superintendents, Dale Douglass (MSMA) and Dick Durost (Maine Principals’ Association)
FROM: Susan A. Gendron, Commissioner, Department of Education
DATE: October 16, 2008
SUBJECT: Constitutionally Protected Prayer in Public Elementary and Secondary Schools

Time Sensitive. Please read immediately. A Response is required on or before October 31, 2008.
IN ACCORDANCE WITH NCLB, THIS IS A YEARLY REQUIREMENT. RESPONSES MUST BE IN BY OCTOBER 31, 2008.

Section 9524 of the Elementary and Secondary Education Act ("ESEA") of 1965, as amended by the No Child Left Behind Act of 2001 requires that, as a condition of receiving ESEA funds, a local educational agency ("LEA") must certify, in writing to its State educational agency ("SEA"), that it has no policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public schools as set forth in the guidance provided on the Internet through the U.S. Department of Education's website http://www.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html?exp=0 .

In order for the Maine Department of Education to be in compliance with this requirement for 2004, we must receive a written statement located at www.maine.gov/education/edletrs/2009/ilet/09ilet030attach.rtf from each LEA by October 31, 2008, documenting that it does not have any policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public schools. To do this, please either e-mail lorraine.cote@maine.gov or send a letter to Lorraine Cote, Maine Department of Education, 23 State House Station, Augusta, Maine 04333-0023 containing the following information:

(Please note, if your Superintendent of Schools is responding for your LEA it will not be necessary for each school in that LEA to respond also. He or she will list all the schools that his/her LEA covers.)