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We reviewed the upcoming agenda for Bensalem Township SD and identified 6 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 8) |
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First Read of New Policy on Vehicle Advertising
The Board will conduct a first reading of new Policy 810.4, which would govern advertising inside district vehicles. The draft policy prohibits advertisements that are ‘controversial in nature’ or ‘not age appropriate,’ and states the district will not allow vehicles to become a public forum for ‘discussion of public issues.’ These vague, content-based restrictions create a high risk of unconstitutional viewpoint discrimination.
Intake Action
PRE-VOTE ACTION: For Item 12.C, send a pre-adoption legal notice to the Board before the second reading. The notice should identify the unconstitutional ‘controversial in nature’ standard and the risk of a viewpoint discrimination claim. Preserve the agenda packet and the text of draft Policy 810.4.
⚖️ Legal Hook: First Amendment – Viewpoint Discrimination
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| HIGH VIABILITY (LEVEL 7) |
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First Read of Revised Facility Use Policy
The Board is conducting a first reading of revised Policy 707, governing the use of school facilities. The draft text contains a contradiction, listing ‘Partisan political meetings’ as a prohibited activity while also adding a new section to permit and regulate ‘Political Events.’ This ambiguity creates a risk of arbitrary or viewpoint-discriminatory enforcement against groups seeking to use facilities for political or social advocacy.
Intake Action
PRE-VOTE ACTION: For Item 12.B, send a pre-adoption letter to the Board before the second reading. The letter should highlight the contradiction between the prohibition on ‘partisan political meetings’ and the new section permitting ‘political events,’ and advise the Board to resolve the ambiguity to avoid unconstitutional application.
⚖️ Legal Hook: First Amendment – Viewpoint Discrimination
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| HIGH VIABILITY (LEVEL 7) |
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Policy Text Not Available – Pull Before Vote
The Board is scheduled for a second reading of Policy 103, ‘Discrimination/Harassment Affecting Students.’ The text of the policy is not available in the agenda packet. Such policies can create free speech exposure if the definitions of ‘harassment’ or ‘discrimination’ are overbroad and encompass protected speech on controversial topics.
Intake Action
PULL THE DOCUMENT: Retrieve the referenced attachment for Item 12.D, Policy 103, from the official agenda link before the vote. Confirm the operative language defining harassment and discrimination for potential overbreadth or vagueness issues.
⚖️ Legal Hook: First Amendment – Overbreadth/Vagueness
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| MONITOR (LEVEL 6) |
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Policy Text Not Available – Pull Before Vote
The Board is set to adopt Policy 124 ‘Alternative Instruction’ via the consent agenda. The policy text was not extracted from the agenda packet. Policies governing alternative or home instruction can create legal exposure if they place undue burdens on parents’ fundamental right to direct their children’s education.
Intake Action
PULL THE DOCUMENT: Retrieve the referenced attachment for Consent Agenda Item 11.C, Policy 124, from the official agenda link before the vote. Review for any provisions that may unconstitutionally burden parental rights regarding educational choices.
⚖️ Legal Hook: Parental Rights – 14th Am. Due Process
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| MONITOR (LEVEL 6) |
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Policy Text Not Available – Pull Before Vote
The Board is set to adopt Policy 313 ‘Evaluation of Employees’ via the consent agenda. The policy text was not extracted from the agenda packet. Employee evaluation policies can create compelled speech exposure if they require staff to affirm or promote specific ideological viewpoints as a criterion for satisfactory performance.
Intake Action
PULL THE DOCUMENT: Retrieve the referenced attachment for Consent Agenda Item 11.D, Policy 313, from the official agenda link before the vote. Review evaluation criteria for any language that compels employee speech or affirmation of specific beliefs.
⚖️ Legal Hook: First Amendment – Compelled Speech
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| MONITOR (LEVEL 6) |
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Policy Text Not Available – Pull Before Vote
The Board is conducting a first reading of Policy 249 ‘Bullying/Cyberbullying.’ The text of the policy is not available in the agenda packet. Anti-bullying policies can create free speech exposure if their definitions are overbroad and punish students for expressing views on sensitive social or political topics.
Intake Action
PULL THE DOCUMENT: Retrieve the referenced attachments for Item 12.A, Policy 249, from the official agenda link before the next meeting. Review the definitions of ‘bullying’ and ‘cyberbullying’ for potential overbreadth.
⚖️ Legal Hook: First Amendment – Overbreadth/Vagueness
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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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