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We reviewed the upcoming agenda for Libertyville SD 70 and identified 6 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 8) |
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Policy on Employee Social Media Usage and Conduct
The board is scheduled to vote on the final adoption of Policy 5:125, which governs employees’ use of personal technology and social media. The policy prohibits employees from posting ‘inappropriate’ content, a vague standard that could be used to discipline them for protected off-duty speech, implicating their First Amendment rights.
Intake Action
PRE-VOTE ACTION: Item 12.1 adopts Policy 5:125 as written. Send a pre-adoption legal notice to the Board identifying the First Amendment vagueness and overbreadth concerns with the term ‘inappropriate’ as applied to off-duty employee speech. Preserve the agenda packet and proposed policy text now.
βοΈ Legal Hook: First Amendment – Employee Speech
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| HIGH VIABILITY (LEVEL 7) |
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Payment to Securly for Student Internet Filtering
The district’s agenda of bills includes a $28,568 payment to Securly for ‘Internet Filtering and Alerting.’ This vendor’s software may engage in viewpoint-based censorship of student internet access and collect sensitive student data, raising First Amendment and parental rights concerns.
Intake Action
RECORDS REQUEST: The Agenda of Bills (page 33 of the bill packet) confirms payment to Securly. Submit a public records request for the district’s contract with Securly, the vendor’s terms of service, any associated data privacy agreements, and district policies governing the use of the filtering and monitoring software.
βοΈ Legal Hook: First Amendment – Student Speech / FERPA
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| MONITOR (LEVEL 6) |
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Recently Adopted Policies on Religion and Speech
The minutes from the September 28, 2026 meeting show the final adoption of several policies, including 5:70 (Religious Holidays), 6:70 (Teaching About Religions), and 6:80 (Teaching About Controversial Issues). The text of these adopted policies, which are now in force, is not available in the current agenda packet.
Intake Action
PULL THE DOCUMENTS: The September 28, 2026 meeting minutes confirm the adoption of policies 5:70, 6:70, and 6:80. Retrieve the final, adopted text of these policies from the district’s online policy manual or via a records request to analyze for constitutional exposure.
βοΈ Legal Hook: First Amendment – Free Exercise / Establishment Clause
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| MONITOR (LEVEL 4) |
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Board Direction on IASB FOIA Safeguards Resolution
The Board is directing its delegate on how to vote on an IASB resolution advocating for amendments to the Illinois Freedom of Information Act. The proposed changes would permit public bodies to require identity verification and recover more costs, potentially obstructing public records access and oversight.
Intake Action
MONITOR: Item 12.4 directs the district’s IASB delegate on a vote to amend the state FOIA law. Note the district’s position for state-level legislative tracking. No direct action against the district is required.
βοΈ Legal Hook: State Public Records Act
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| MONITOR (LEVEL 4) |
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Board Direction on School Meal and Fee Waiver Audits
The Board is directing its delegate on an IASB resolution concerning school meal and fee waiver eligibility. The resolution, recommended for rejection by the IASB committee, would grant districts more authority to audit family income and investigate suspected fraud, potentially chilling participation and raising family privacy concerns.
Intake Action
CALENDAR: Item 12.4 includes board discussion on directing its IASB delegate regarding a resolution to increase audits of families applying for fee waivers. Monitor the meeting minutes to determine the board’s final direction to its delegate.
βοΈ Legal Hook: Family Privacy Rights
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| LOW (LEVEL 3) |
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FOIA Report Text Not Available
Item 13.1 is a FOIA Report, but the referenced attachment containing the report’s text was not provided in the agenda packet. The report could contain information on the district’s public records request handling or propose changes to its FOIA policy.
Intake Action
PULL THE DOCUMENT: Retrieve the FOIA Report referenced under Item 13.1 from the official agenda link to review for any policy changes or problematic practices regarding public records access.
βοΈ Legal Hook: State Public Records Act
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“Contending in the courts of man, in reverence for the courts of God.”
Alliance Defending Freedom is the worldβs largest legal organization committed to protecting religious freedom, free speech, the sanctity of life, parental rights, and Godβs design for marriage and family.
Alliance Defending Freedom
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