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We reviewed the upcoming agenda for Neshaminy SD and identified 4 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 8) |
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New Policy on Virtual Student Wellness Checks
The Board is conducting a first reading of new Policy 204.1, which mandates weekly ‘wellness checks’ for full-time virtual students, requiring them to be ‘visibly seen’ by staff via methods like webcams. The policy provides for escalation to an in-person home visit if a check is not completed, implicating parental rights and student privacy in the home.
Intake Action
PRE-VOTE ACTION: Item 6.01 includes the first reading of new Policy 204.1. Send a pre-adoption legal notice to the Board before the second reading on November 24, 2026, identifying the parental rights and privacy implications of mandatory visual wellness checks and in-person home visits. Preserve the agenda and policy text.
⚖️ Legal Hook: Parental Rights – Fourth Amendment Privacy
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| HIGH VIABILITY (LEVEL 8) |
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Bullying Policy Revision on Parental Notification
The Board is conducting a first reading of revised Policy 249, which adds a provision allowing administrators to delay notifying parents about a bullying report involving their child if staff determine notification could create a ‘risk of abuse, neglect or other imminent harm.’ This policy authorizes the district to intentionally withhold information from parents regarding their child’s safety.
Intake Action
PRE-VOTE ACTION: Item 6.01 includes the first reading of revised Policy 249. Send a pre-adoption legal notice to the Board before the second reading on November 24, 2026, highlighting the constitutional defect in the provision allowing delayed parental notification regarding bullying incidents. Preserve the agenda and policy text.
⚖️ Legal Hook: Parental Rights – 14th Am. Due Process
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| HIGH VIABILITY (LEVEL 7) |
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Policy Revision Prohibiting Student Recording
Under item 6.01, the Board is considering a first reading of revised Policy 237, which prohibits students from recording or broadcasting audio or video of school activities, students, or staff without prior administrative approval. This policy revision functions as a broad prior restraint on student speech.
Intake Action
PRE-VOTE ACTION: Item 6.01 includes the first reading of revised Policy 237. Send a pre-adoption legal notice to the Board before the second reading on November 24, 2026, outlining the First Amendment concerns with the policy’s broad prior restraint on student recording. Preserve the agenda and policy text.
⚖️ Legal Hook: First Amendment – Prior Restraint
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| MONITOR (LEVEL 6) |
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Agreement for Truancy Intervention and Therapy Services
The Board is approving a contract with the Bucks County Intermediate Unit for truancy services under item 4.02. The agreement includes provisions for ‘Clinical Attendance Therapy Services’ for students, creating a risk that minors could receive therapeutic or counseling services without parental consent.
Intake Action
RECORDS REQUEST: The agreement in item 4.02 is with a third-party vendor providing therapy. Submit a public records request for the district’s protocols for obtaining parental consent before a student receives ‘Clinical Attendance Therapy Services’ under this agreement.
⚖️ Legal Hook: Parental Rights – 14th Am. 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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