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We reviewed the upcoming agenda for Neshaminy SD and identified 3 items with potential legal exposure ahead of the vote.
| MONITOR (LEVEL 6) |
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Review of Policy on Health Examinations and Screening
The Policy Committee is reviewing Policy 209 regarding student health examinations and screening. Such policies can implicate parental rights if they permit screening for physical or mental health conditions without prior, written, opt-in parental consent.
Intake Action
PULL THE DOCUMENT: For Item 2.01, retrieve the proposed text for PSBA Policy 209, ‘Health Examinations / Screening,’ from the official agenda link before the vote. Confirm the parental consent and notification provisions.
⚖️ Legal Hook: Parental Rights – 14th Am. Due Process
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| MONITOR (LEVEL 6) |
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Review of School Wellness Policy
The Policy Committee is reviewing Policy 246, ‘School Wellness.’ Wellness policies may include provisions for student surveys, mental health interventions, or social-emotional learning that can occur without parental notification or consent, implicating parental rights.
Intake Action
PULL THE DOCUMENT: For Item 2.01, retrieve the proposed text for PSBA Policy 246, ‘School Wellness,’ from the official agenda link before the vote. Analyze provisions related to student surveys, data collection, and mental health services.
⚖️ Legal Hook: Parental Rights – 14th Am. Due Process
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| MONITOR (LEVEL 5) |
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Review of Bullying and Cyberbullying Policy
The Policy Committee is reviewing Policy 249 on bullying and cyberbullying. The definitions of ‘bullying’ or ‘harassment’ in such policies can be overbroad, potentially chilling or punishing student speech on religious or political topics protected by the First Amendment.
Intake Action
PULL THE DOCUMENT: For Item 2.01, retrieve the proposed text for PSBA Policy 249, ‘Bullying / Cyberbullying,’ from the official agenda link before the vote. Scrutinize the definitions of prohibited conduct for vagueness or overbreadth.
⚖️ Legal Hook: First Amendment – Free 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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