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We reviewed the upcoming agenda for CHSD 128 and identified 7 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 7) |
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First Reading of ‘Teaching About Controversial Issues’ Policy
The board will conduct a first reading of Policy 6-80, ‘Teaching About Controversial Issues.’ The proposed policy requires that all discussions of controversial topics be ‘informative and present a balanced view,’ which could be used to restrict the speech of teachers or students who express religious or disfavored viewpoints.
Intake Action
PREPARE COMMENT: For Item 7.C, analyze Policy 6-80 for potential compelled speech or viewpoint discrimination against staff and students. Prepare a legal analysis or public comment for the second reading, highlighting the unconstitutional vagueness of terms like ‘balanced view’.
⚖️ Legal Hook: First Amendment – Employee Speech
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| HIGH VIABILITY (LEVEL 7) |
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Bulk Adoption of 25 Policies Including SEL and Harassment
The board is scheduled for a second reading and final vote on a block of 25 policies from PRESS Issue 121. The policy texts are not attached, but the summary memo indicates updates to key policies including ‘Student Social and Emotional Development’ (6:65) and ‘Harassment of Students Prohibited’ (7:20), which frequently contain language implicating parental rights and free speech.
Intake Action
PULL THE DOCUMENTS: For Item 9.B, immediately retrieve the full text of all 25 proposed policies from the official agenda link, prioritizing review of Policy 6:65 (SEL) and Policy 7:20 (Harassment) before the September 28 vote. If problematic, send a pre-adoption notice to the Board.
⚖️ Legal Hook: Parental Rights / Free Speech
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| HIGH VIABILITY (LEVEL 7) |
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Final Vote on Rewritten ‘Equal Access’ Policy
The board will hold a second reading and final vote on 20 policies from PRESS Issue 122, including a full rewrite of Policy 7:330, ‘Student Use of Buildings – Equal Access.’ The text of the rewritten policy is not provided, creating a risk that new language could restrict the rights of student religious groups or impose unequal terms for facility use.
Intake Action
PULL THE DOCUMENT: For Item 9.C, immediately retrieve the full text of the rewritten Policy 7:330 from the official agenda link. Analyze for any changes that would burden religious student groups’ access to facilities or recognition as compared to secular groups before the September 28 vote.
⚖️ Legal Hook: First Amendment – Free Exercise / Equal Access Act
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| MONITOR (LEVEL 6) |
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FOIA Log Reveals Gender Identity Policies and Curriculum
The district’s September 2026 FOIA log confirms the existence of ‘gender support guidelines,’ ‘gender support plan records,’ and ‘health class gender identity curriculum.’ Multiple public records requests on these topics indicate active policies and materials that may impact parental rights regarding student social transition and curriculum.
Intake Action
RECORDS REQUEST: Based on item 6.E, submit a public records request for the district’s ‘gender support guidelines,’ any forms or templates for ‘gender support plans,’ and all ‘health class gender identity curriculum’ materials referenced in the FOIA log. This confirms the existence of operative policies not otherwise on the agenda.
⚖️ Legal Hook: Parental Rights – 14th Am. Due Process
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| MONITOR (LEVEL 5) |
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Contract for New Administrative Procedures Manual
The board will vote to approve a contract with the Illinois Association of School Boards (IASB) to create a new administrative procedures manual. These manuals often contain the specific implementation rules for sensitive policies like gender support, pronoun mandates, and curriculum challenges, creating potential legal exposure through the vendor contract.
Intake Action
RECORDS REQUEST: For Item 9.D, pull the ‘Administrative Procedures Project Agreement’ from the agenda link. Submit a public records request for any draft procedures or templates provided by IASB as part of this project to monitor for potential parental rights or free speech issues.
⚖️ Legal Hook: Vendor Liability / Policy Implementation
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| MONITOR (LEVEL 5) |
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Agreement for College and Career Navigator in Schools
The board is approving an Intergovernmental Agreement (IGA) with College of Lake County to place a ‘College and Career Navigator’ in the high schools to support students. The agreement text is not provided, and such third-party personnel who counsel students on ‘exploration’ can create parental rights exposure if they operate outside district notification and consent policies.
Intake Action
PULL THE DOCUMENT: For Item 9.E, retrieve the Intergovernmental Agreement with CLC from the official agenda link. Review the scope of the Navigator’s duties, data access, and any provisions regarding parental notification or consent for student counseling and ‘exploration’ activities.
⚖️ Legal Hook: Parental Rights – Student Counseling
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| LOW (LEVEL 3) |
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Approval of School Resource Officer Agreements
The board will vote to approve updated School Resource Officer (SRO) agreements with local police departments, prompted by a new state law. While the update focuses on disciplinary ticketing, the agreements define the scope of SRO authority on campus, which could potentially be used to police student speech or expression.
Intake Action
PULL THE DOCUMENTS: For Item 9.G, retrieve the SRO agreements from the official agenda link. Review the defined roles and responsibilities to ensure they do not grant SROs overbroad authority to intervene in matters of protected student speech or expression. Monitor only unless specific language is found.
⚖️ Legal Hook: First Amendment – Student Speech
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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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