Alliance Defending Freedom
Local Alert
πŸ“… Wednesday, October 14, 2026 to Calendar
πŸ“„ View Official Agenda
We reviewed the upcoming agenda for Bensalem Township SD and identified 3 items with potential legal exposure ahead of the vote.
HIGH VIABILITY (LEVEL 7)
Draft Advertising Policy Uses Vague, Viewpoint-Based Restrictions
πŸ“… October 14, 2026
The board is considering a new draft policy (810.4) to govern advertising inside district vehicles. The policy allows the district to reject advertising that is ‘controversial in nature’ or ‘not in the best interest of the school district,’ creating a risk of unconstitutional viewpoint discrimination against protected speech.
Intake Action

PRE-VOTE ACTION: Item 8.I is a draft policy. Send a pre-adoption legal notice to the Board identifying the First Amendment defects in the ‘controversial in nature’ standard before the policy advances to a first reading.

βš–οΈ Legal Hook: First Amendment – Viewpoint Discrimination
MONITOR (LEVEL 6)
Student Photography RFP Requires Purchase Data Sharing
πŸ“… October 14, 2026
The district’s Request for Proposal for student photography services requires the vendor to provide a report listing students’ names and the dollar amount of their photo package purchases. This practice may implicate student privacy rights under the Family Educational Rights and Privacy Act (FERPA) by creating a district record of family financial transactions tied to individual students.
Intake Action

PRE-CONTRACT ACTION: Submit a letter to the Board regarding Item 4.C, advising that the data sharing requirement in Part 4, #3a of the RFP may implicate FERPA and should be removed before a contract is awarded.

βš–οΈ Legal Hook: FERPA
MONITOR (LEVEL 6)
Requires Verification

Policy Text Not Available for Facility Use Revisions
πŸ“… October 14, 2026
The board is discussing revisions to Policy 707, which governs the use of school facilities by outside groups. The text of the revised policy was not included in the agenda packet, preventing review for potential First Amendment issues related to equal access and discriminatory fee structures for religious organizations.
Intake Action

PULL THE DOCUMENT: Retrieve the referenced attachment ‘Policy 707 Use of School Facilities Rev. 10092026’ for Item 8.H from the official agenda link before the meeting to analyze the operative language for equal access and fee schedule issues.

βš–οΈ Legal Hook: First Amendment – Free Exercise
District Leadership
Address 3000 Donallen Dr, Bensalem, PA 19020
“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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