(CNSNews.com) - A conservative legal group demanded on Monday that a school district in Maine abandon its policy of distributing prescription contraceptives to students as young as 11 years old without parental consent or become the target of a lawsuit to have the policy struck down.

"This policy is simply unacceptable and must be removed without delay," said Jay Sekulow, chief counsel of the American Center for Law and Justice (ACLJ), in a letter to John Coyne, chairperson of the Portland School Committee, which approved the code for students in grades 6-8 at King Middle School.

"The school district has a window of opportunity to correct this," Sekulow told Cybercast News Service. However, "if that does not happen, the ACLJ will not hesitate to bring a lawsuit on behalf of concerned parents to get this policy removed."

Sekulow added that the organization's legal director for Maine, Steve Whiting, will be present when the committee meets on Wednesday to reconsider its Oct. 17 decision to allow the school's health center to give out contraceptives - including birth-control pills and patches - to students between 11 and 15 years of age.

The letter states that under the new program, "parents who have granted permission for their children to receive medical treatment at the health center would have no way of knowing whether their children are receiving prescription contraception."

"Many parents and members of the community in Portland, as well as the rest of the country, are stunned and appalled by the health center's permissive attitude toward sexual activity by children," the document said.

In addition, "Section 253 of Maine's criminal code states that engaging in any 'sexual act' with a child 13 years old or younger constitutes the crime of gross sexual assault (unless the parties are a married couple)."

Also, according to Maine's Child and Family Services and Child Protection Act, "a health-care provider, while acting in a professional capacity, must report to the district attorney when he or she 'knows or has reasonable cause to suspect' that a child has been abused," the ACLJ noted.

"The statute does not grant discretion for individuals to decide whether to report a particular case of abuse; it states that 'the person immediately shall report or cause a report to be made,'" the letter continued.

"The failure of health center personnel to report all instances of sexual activity involving young children endangers the safety of those children and must be corrected," the document added, and the committee's birth control policy "tramples upon parental rights and has the effect of promoting illegal sexual activity."

As a result, the group urges the committee "to put an end to this illegal activity, or the ACLJ will assist parents in bringing legal action against the Committee."

'Parents have to be involved'

Cybercast News Service previously reported that five of the 134 students who visited the school's state taxpayer-funded health center during the 2006-07 school year admitted they were having sexual intercourse.

On Oct. 18, Cybercast News Service interviewed several congressmen regarding the Portland policy, and Sen. John Sununu (R-N.H.) stated: "We certainly shouldn't support that kind of program at the federal level."

Rep. Tim Walberg (R-Mich) agreed, adding: "I think the freedom-minded, common sense-minded citizens of Maine should rise up against it."

Ten days later, the Christian Civic League of Maine called on state Attorney General G. Steven Rowe to investigate "possible criminal activity" at King Middle School.

Then on Nov. 1, state Health and Human Services Commissioner Brenda Harvey asked the attorney general's office to clarify the laws on the reporting of consensual sex involving children under 14 years of age.

On Friday, Rowe recused himself from the matter, citing the fact that his wife, Amanda, is the Portland school nurse coordinator and has been a leading advocate for the new policy.

"While there is no legal conflict involved, the attorney general has decided not to be personally involved so the integrity of the office's position will not be questioned," said David Loughran, Rowe's spokesman.

The situation in Portland also became the subject of a national Associated Press-Ipsos poll, which found that while 67 percent of respondents support giving contraceptives to students, 37 percent of those would limit it to the children whose parents have consented to it and 30 percent would provide it to all who ask for it.

The poll showed that the public is evenly divided on the issue, as 51 percent of those surveyed favor sex education and birth control, while 46 percent prefer stressing morality and abstinence.

Also, 49 percent of the 1,004 people polled Oct. 23-25 said providing teens with birth control would not encourage sexual intercourse, but 46 percent said it would.

While telephone calls and emails seeking response to the ACLJ letter from school officials and members of the committee were not returned by press time, the Portland situation has drawn comment from New York Sen. Hillary Clinton.

The frontrunner for the 2008 Democratic Party presidential nomination told WGME-TV after a rally in nearby Durham, N.H., that she supports local communities making the decisions on birth control in schools - in consultation with parents.

"We have a locally controlled school system in America," Clinton said. "The federal government only provides about 10 percent of the money to run our public schools, and I think parents have to be involved, and they have to be given the right to opt out for their children."

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