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We reviewed the upcoming agenda for New Hope-Solebury SD and identified 6 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 10) |
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Policy on Non-Curriculum Student Groups
The Board is scheduled for a final vote on Policy 122.1 and its associated regulations, which govern student-initiated, non-curriculum-related groups. The policy prohibits “nonschool persons” from regularly attending meetings and requires pre-approval for any outside guests, creating a potential burden for religious student groups that rely on adult mentors or speakers and implicating the Equal Access Act.
Intake Action
PRE-VOTE ACTION: Items 10.A.11.m, 10.A.11.b, and 10.A.12.c adopt policy language that burdens religious student groups. Send a pre-adoption legal notice to the Board identifying the Equal Access Act defect before the vote, and open a file. Preserve the agenda packet and proposed policy text now.
💰 Legal Hook: First Amendment – Free Exercise / Equal Access Act
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| HIGH VIABILITY (LEVEL 9) |
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District Social Media and Public Comment Policy
The Board is taking final action on Policy 817, which establishes rules for public interaction with district-owned social media accounts. The policy creates a designated public forum but authorizes the removal of public comments based on vague, content-based criteria, such as “hate speech” or being “clearly unrelated to any subject matter.”
Intake Action
PRE-VOTE ACTION: For Item 10.A.11.c, send a pre-adoption legal notice to the Board identifying the First Amendment defects in the public comment rules for its social media policy. Preserve the proposed policy text.
💰 Legal Hook: First Amendment – Viewpoint Discrimination
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| HIGH VIABILITY (LEVEL 7) |
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First Read of Bullying Policy Regulating Off-Campus Conduct
The district is beginning review of Policy 249 on Bullying and Cyberbullying. According to committee minutes, the policy addresses “off-campus conduct that has a connection to the school environment,” which creates potential exposure for punishing constitutionally protected student speech that occurs outside of school. The full policy text was not included in the agenda packet.
Intake Action
PULL THE DOCUMENT: Retrieve the referenced attachment for Policy 249 from the official agenda link for Item 10.A.13.h. Submit a public records request for the full proposed policy text and calendar the second reading.
💰 Legal Hook: First Amendment – Student Speech
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| MONITOR (LEVEL 6) |
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Use of Student Behavioral and Climate Screeners
Curriculum Advisory Committee minutes confirm the district administers a “behavioral screener” to students three times a year, as well as “climate and hate-free school surveys.” The documents do not specify whether opt-in parental consent is obtained prior to administration. This practice creates potential exposure under parental rights doctrines and statutes like PPRA.
Intake Action
RECORDS REQUEST: Submit a public records request for the specific “behavioral screener,” “climate survey,” and “hate-free school surveys” used by the district, as mentioned in the September 3, 2026 CAC minutes, along with all parental notification and consent forms associated with their administration.
💰 Legal Hook: Parental Rights – 14th Am. Due Process / PPRA
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| MONITOR (LEVEL 5) |
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Contract for Middle School Social-Emotional Advisory Program
The Board is approving a $17,000 contract with consultant Chris Balme to provide training for the middle school’s advisory program. The program focuses on social-emotional skills, student belonging, and connectedness. Such programs can be a vector for introducing contested ideological concepts to students and staff.
Intake Action
RECORDS REQUEST: For Item 10.A.1, submit a public records request for the full training materials, presentations, and manuals associated with the Chris Balme / Argonaut advisory training, including the “Argonaut Advisory Manual” referenced in the proposal.
💰 Legal Hook: Compelled Speech / Parental Rights
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✅ Precedent to Preserve
Good moves worth showing up to support so they stick.
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| Strong Precedent (LEVEL 8) |
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Student Dress and Grooming Policy Protects Religious Expression
The Board is adopting a revised dress code policy that explicitly protects students’ rights to religious expression. Policy 221 includes language protecting “religious creed including head covering and hairstyles historically associated with religious creeds.” This provides a strong, affirmative protection for religious students.
How to Preserve It
PRESERVE THE RECORD: Item 10.A.11.i adopts protective language for religious dress. Capture the adopted policy text and the vote count for use as a model policy and comparator in litigation.
✅ Why It Matters: First Amendment – Free Exercise
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“Contending in the courts of man, in reverence for the courts of God.”
Alliance Defending Freedom is the world’s largest legal organization committed to protecting religious freedom, free speech, the sanctity of life, parental rights, and God’s design for marriage and family.
Alliance Defending Freedom
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