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We reviewed the upcoming agenda for Bensalem Township SD and identified 4 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 9) |
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Draft Policy on Advertising Inside District Vehicles
The Board is reviewing a new draft policy, 810.4, to govern advertising inside district vehicles. The policy prohibits advertisements that are ‘controversial in nature’ and states the district will not allow vehicles to become a public forum, creating a risk of viewpoint discrimination in a limited or non-public forum.
Intake Action
PRE-VOTE ACTION: For Item 4.C, send a pre-adoption legal notice to the Board identifying the constitutional defect in the vague ‘controversial in nature’ standard before this draft policy advances. Preserve the agenda packet and the text of DRAFT Policy-810.4-Advertising-Inside-District-Vehicles.
⚖️ Legal Hook: First Amendment – Viewpoint Discrimination
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| MONITOR (LEVEL 6) |
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Revisions to Policy on Use of School Facilities
The Board is reviewing revisions to Policy 707, which governs the use of school facilities. The text of the revised policy is not available, but such policies often contain classification and fee structures that can create equal access issues for religious organizations.
Intake Action
PULL THE DOCUMENT: For Item 4.B, retrieve the attachment ‘Policy 707 Use of School Facilities Rev. 10092026’ from the official agenda link to analyze its fee structure and classification system for potential discrimination against religious groups.
⚖️ Legal Hook: First Amendment – Free Exercise
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| MONITOR (LEVEL 5) |
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Revisions to Bullying/Cyberbullying Policy
The Board is reviewing revisions to Policy 249 on Bullying and Cyberbullying. The text of the revised policy is not available, but such policies can contain overbroad definitions of harassment that may implicate student or staff speech on contested social issues.
Intake Action
PULL THE DOCUMENT: For Item 4.A, retrieve the attachment ‘Policy 249 Bullying Cyberbullying’ from the official agenda link to review its definitions and disciplinary provisions for potential speech-related exposure.
⚖️ Legal Hook: First Amendment – Free Speech
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| MONITOR (LEVEL 4) |
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Revisions to Policy on School Related Groups
The Board is reviewing revisions to Policy 915 concerning school-related groups like boosters and PTOs. The text of the draft policy is not available, but it could contain provisions affecting the formation or recognition of, or equal treatment for, religious student or parent groups.
Intake Action
PULL THE DOCUMENT: For Item 4.D, retrieve the attachment ‘Draft Policy 915 School Related Groups, Boosters, Support, PTO’ from the official agenda link to confirm it does not create unequal access or burdens for religious groups.
⚖️ Legal Hook: First Amendment – Equal Access
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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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