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We reviewed the upcoming agenda for New Hope-Solebury SD and identified 3 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 8) |
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Bullying Policy Authorizes Delayed Parental Notification
The Policy Committee is advancing for a second read Policy 249, which governs bullying. The policy allows staff to delay notifying parents of a bullying incident if they determine notification could place a student at risk of ‘abuse, neglect or other imminent harm,’ creating a mechanism to withhold information from parents.
Intake Action
PRE-VOTE ACTION: Item 4.A.1 is a second read of Policy 249. Send a pre-adoption legal notice to the Board identifying the constitutional defect in the parental notification delay provision before the policy advances for a final vote. Preserve the agenda packet and proposed policy text.
⚖️ Legal Hook: Parental Rights – 14th Am. Due Process
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| HIGH VIABILITY (LEVEL 7) |
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Proposed Public Comment Policy Restricts Speech
The district is considering revisions to Policy 903, which governs public comment at board meetings. The draft policy lists categories of prohibited speech, including ‘intimidation,’ ‘profane’ speech, and speech not concerning matters before the board, which are vague and create a risk of unconstitutional viewpoint discrimination.
Intake Action
CALENDAR: Item 5.A is a first reading of Policy 903. Prepare a legal analysis of the First Amendment defects in the proposed speech restrictions and calendar the next committee or board meeting for a potential second reading. Preserve the draft policy text.
⚖️ Legal Hook: First Amendment – Viewpoint Discrimination
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| HIGH VIABILITY (LEVEL 7) |
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Virtual Wellness Policy Escalates to In-Person Checks
Under agenda item 4.A.1, the committee is reviewing Policy 204.2, which implements state-mandated wellness checks for virtual students. The district’s protocol allows staff to conduct an ‘in-person wellness check’ and contact law enforcement or child welfare agencies if a student misses a virtual check-in and a subsequent conference, potentially infringing on parental rights and family privacy.
Intake Action
PRE-VOTE ACTION: Item 4.A.1 is a second read of the attachment to Policy 204.2. Send a pre-adoption legal notice to the Board regarding the constitutional concerns with the in-person check and law enforcement escalation protocol before the policy advances for a final vote. Preserve the agenda packet and proposed policy text.
⚖️ Legal Hook: Parental Rights – 4th & 14th Am.
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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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