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We reviewed the upcoming agenda for Morrisville Borough SD and identified 5 items with potential legal exposure ahead of the vote.
| MONITOR (LEVEL 6) |
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Review of Health Examinations and Screenings Policy
The Policy Committee is reviewing a new version of Policy 209, ‘Health Examinations/Screenings,’ and a new administrative regulation, ‘Mandated Health Services.’ These policies may govern the administration of health services or screenings to students without specific, opt-in parental consent.
Intake Action
PULL THE DOCUMENTS: Retrieve attachments ‘209 – Health-ExaminationsScreenings – NEW.pdf’ and ‘209-AR-0 Mandated Health Services – NEW.pdf’ referenced under item 1.1 from the official agenda link before the meeting to confirm operative language regarding parental consent.
⚖️ Legal Hook: Parental Rights – 14th Am. Due Process
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| MONITOR (LEVEL 6) |
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New Administrative Regulation on Discretionary Notification
The committee is reviewing a new administrative regulation, 805.1 AR 1, titled ‘Discretionary Notification.’ This policy may grant staff discretion to withhold information from parents regarding their child, potentially including information about a student’s health, well-being, or social transition.
Intake Action
PULL THE DOCUMENT: Retrieve attachment ‘805_1-AR-1-IncidentReportDiscretionary – NEW.docx’ referenced under item 1.1 from the official agenda link to determine the scope of staff discretion to withhold information from parents.
⚖️ Legal Hook: Parental Rights – 14th Am. Due Process
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| MONITOR (LEVEL 5) |
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New Policy on Virtual Attendance and Wellness Checks
The committee is reviewing a new policy, 204.1, concerning ‘Wellness Checks’ for students. Such checks can sometimes include mental or emotional health screenings that require prior, written parental consent under state or federal law.
Intake Action
PULL THE DOCUMENT: Retrieve attachment ‘204.1-Virtual-Attendance-and-Wellness-Checks – NEW.pdf’ referenced under item 1.1 from the official agenda link to analyze the scope and consent requirements for ‘wellness checks’.
⚖️ Legal Hook: Parental Rights – Consent for Screening
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| MONITOR (LEVEL 5) |
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Review of Bullying and Cyberbullying Policy
The committee is reviewing a new version of the district’s Bullying/Cyberbullying policy (249). These policies can be written so broadly as to punish students or staff for expressing views on controversial topics, creating a free speech or compelled speech issue.
Intake Action
PULL THE DOCUMENT: Retrieve attachment ‘249-BullyingCyberbullying – NEW.pdf’ referenced under item 1.1 from the official agenda link to review definitions for potential overbreadth or viewpoint discrimination.
⚖️ Legal Hook: First Amendment – Free Speech
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✅ Precedent to Preserve
Adopted language worth preserving as precedent.
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| Strong Precedent (LEVEL 7) |
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Reaffirmation of Policies Requiring Annual Parental Notification
The district agenda lists policies for which annual notification to parents is required, including policies on review of instructional materials (105.1), exemption from instruction (105.2), student surveys (235.1), and student records (216). This documents the district’s commitment to procedural notice, creating a useful record.
How to Preserve It
PRESERVE THE RECORD: Capture the list of policies under item 3.1 requiring annual notice. This serves as a model policy and evidence of best practices for parental notification to use as a comparator in other districts.
✅ Why It Matters: Parental Rights – Procedural Due Process
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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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