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We reviewed the upcoming agenda for CHSD 128 and identified 6 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 7) |
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Revisions to Racial Equity, Diversity, and Inclusion Policy
The committee is reviewing attorney revisions to Policy 7:12, the ‘Racial Equity, Diversity, and Inclusion’ policy. Such policies can contain provisions that compel speech from staff or students by requiring affirmation of specific ideological viewpoints as a condition of employment or academic participation.
Intake Action
PULL THE DOCUMENT: Immediately submit a public records request for the ‘attorney revisions to Policy 7:12’ and the existing version of the policy for comparison, as referenced in Item 3.E. This is a high-priority item to review for compelled speech or discriminatory provisions.
⚖️ Legal Hook: First Amendment – Compelled Speech
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| MONITOR (LEVEL 6) |
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Policy on Student Lodging for Overnight Trips
The committee is discussing administrative procedures for student lodging on overnight trips under Policy 6:240. This discussion could lead to policies that assign lodging based on gender identity rather than sex, implicating student privacy and safety in sex-separated spaces.
Intake Action
CALENDAR & RECORDS REQUEST: Calendar this item for future board meetings to track development of formal policy language. Submit a public records request for the current ‘Administrative Procedures for Policy 6:240’ and any draft revisions being discussed at the committee meeting for Item 3.C.
⚖️ Legal Hook: Title IX – Sex-Separated Facilities
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| MONITOR (LEVEL 6) |
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Policy on Community Use of School Facilities
The committee is discussing adding a ‘hierarchical list’ for users and renters to the Community Use of Facilities policy (8:20). Such a hierarchy could create an unconstitutional tiered-access system that disfavors religious organizations in violation of the Free Exercise and Free Speech Clauses.
Intake Action
PULL THE DOCUMENT: Retrieve any draft language for the ‘hierarchical list’ for Policy 8:20 discussed in Item 3.D. If no draft exists, submit a records request for any memos or communications describing the proposed hierarchy.
⚖️ Legal Hook: First Amendment – Free Exercise & Viewpoint Discrimination
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| MONITOR (LEVEL 5) |
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Policy Update for Extracurricular Activities
The committee is reviewing an update to Policy 6:190 regarding extracurricular and co-curricular activities. Policies of this type can implicate student rights to form religious clubs or engage in religious expression, and without the text, the impact on equal access principles is unknown.
Intake Action
PULL THE DOCUMENT: Retrieve the ‘IASB policy draft update’ for Policy 6:190 referenced in Item 3.B. The district’s existing attorney-revised policy should also be pulled for comparison to identify the specific changes being discussed.
⚖️ Legal Hook: First Amendment – Equal Access Act
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| MONITOR (LEVEL 4) |
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Vague ‘PRESS PLUS’ Policy Updates
The committee is discussing unspecified policy updates recommended by the state’s policy subscription service, PRESS. The lack of specificity in the agenda prevents public notice of which substantive policies are under review, potentially burying controversial changes.
Intake Action
PULL THE DOCUMENT: Retrieve the referenced ‘PRESS PLUS Issue 123’ policy packet from the official agenda link or via a records request before the meeting to identify substantive changes being discussed under Item 3.A.
⚖️ Legal Hook: State Open Meetings Act – Notice
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| MONITOR (LEVEL 4) |
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Revisions to Board Governance Handbook
The committee is reviewing the Board Governance Handbook for updates. This document may contain rules governing public comment, agenda setting, and other procedures that could be altered to limit public participation or transparency.
Intake Action
PULL THE DOCUMENT: Submit a public records request for the current Board Governance Handbook and any proposed revisions being discussed under Item 3.G to check for changes to public comment rules or other transparency-related procedures.
⚖️ Legal Hook: First Amendment – Public Comment / State Open Meetings Act
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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 |