|
We reviewed the upcoming agenda for Bensalem Township SD and identified 4 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 7) |
|
Contract for Student Mental Health Referrals
The board is considering an amendment to its contract with Care Solace (Item 4.D) for mental health and social services coordination. The agreement allows district staff to refer a student directly to the vendor by providing the student’s contact information, creating a pathway for services that may bypass parental notification and consent.
Intake Action
PRE-VOTE ACTION: Item 4.D approves a contract amendment with Care Solace. The text allows district staff to refer a student for mental health and social services coordination without explicitly requiring parental notification or consent. Send a pre-adoption legal notice to the Board identifying the potential violation of parental rights before the vote. Preserve the agenda and attachment.
⚖️ Legal Hook: Parental Rights – Consent for Services
|
| HIGH VIABILITY (LEVEL 7) |
|
Student Handbook Includes ‘Hate Speech’ and ‘Bias’ Code
The revised Student/Parent Handbook, under review as item 5.D, prohibits ‘hate speech’ and ‘bias-motivated conduct’ based on protected characteristics including sexual orientation and gender identity. Such vague and viewpoint-based speech codes risk chilling or punishing student and staff speech protected by the First Amendment.
Intake Action
PRE-VOTE ACTION: Item 5.D is a discussion of the revised Student/Parent Handbook. The policy on ‘Discrimination/Title IX’ on page 14 contains a broad prohibition on ‘hate speech’ and ‘bias-motivated conduct.’ Send a pre-adoption legal notice to the Board explaining the First Amendment problems with vague and overbroad speech codes before the policy is adopted. Preserve the handbook text.
⚖️ Legal Hook: First Amendment – Student Speech
|
| MONITOR (LEVEL 6) |
|
Student Handbook Establishes Opt-Out for Surveys
The revised Student/Parent Handbook, under review as item 5.D, establishes an opt-out procedure for student surveys. This policy places the burden on parents to object to surveys, rather than requiring the district to obtain affirmative parental consent before administering them, which may conflict with PPRA requirements for certain surveys.
Intake Action
PRE-VOTE ACTION: Item 5.D is a discussion of the revised Student/Parent Handbook. The handbook on page ii establishes an opt-out policy for student surveys. Send a pre-adoption legal notice to the Board explaining that an opt-in policy is the best practice for protecting parental rights and meeting federal requirements for certain surveys. Preserve the handbook text.
⚖️ Legal Hook: Parental Rights – PPRA/Consent for Surveys
|
| MONITOR (LEVEL 4) |
|
Policy Text Not Available – Field Trip Permissions
The board is holding a discussion on ‘Field Trip Permissions and Procedures’ (Item 5.C), which was tabled from a previous meeting. The nature of the proposed procedures is unknown, but this item could involve changes to parental consent or notification requirements for student travel.
Intake Action
PULL THE DOCUMENT: Item 5.C is a discussion on ‘Field Trip Permissions and Procedures.’ Retrieve any associated documents from the official agenda link to determine if changes to parental consent or notification requirements are being considered. Calendar for future action items.
⚖️ Legal Hook: Parental Rights – Consent
|
|
|
“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 |