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We reviewed the upcoming agenda for Quakertown Community SD and identified 4 items with potential legal exposure ahead of the vote.
| HIGH VIABILITY (LEVEL 9) |
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Contract with Navigate360 for Student Data Use
The Board is approving a contract renewal with Navigate360 for a student behavior rewards program. The vendor’s attached Master Services Agreement grants the company a perpetual, royalty-free license to use student data for its own business purposes, creating significant student data privacy and parental rights exposure, potentially violating FERPA.
Intake Action
PRE-VOTE ACTION: Item 14.D approves a contract with a problematic data-use clause in the attached ‘Navigate360 – MSA Addendum A (Software Services)(10 Oct 2024)’, Section 9. Send a pre-adoption legal notice to the Board identifying the conflict with student privacy laws like FERPA before the vote. Preserve the agenda packet and all attachments.
⚖️ Legal Hook: Student Privacy – FERPA
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| HIGH VIABILITY (LEVEL 7) |
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Adoption of Health Examinations and Screenings Policy
The Board is scheduled for a second reading and final approval of Policy 209, governing student health examinations and screenings. The policy text is not available, creating exposure if it permits screenings, particularly mental or behavioral health screenings, without requiring affirmative, opt-in parental consent.
Intake Action
PULL THE DOCUMENT: Under Item 13.A, the Board is voting to adopt Policy 209. Retrieve the full proposed policy text from the official agenda link before the vote to determine if it requires opt-in parental consent for all health screenings.
⚖️ Legal Hook: Parental Rights – 14th Am. Due Process
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| HIGH VIABILITY (LEVEL 7) |
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Adoption of New ‘Wellness Checks’ Policy
The Board will vote on adopting new Policy 204.1, which establishes ‘Virtual Attendance and Wellness Checks’. The policy text is not available, but ‘wellness checks’ often involve mental or emotional health inquiries that may occur without parental notification or consent, implicating parental rights.
Intake Action
PULL THE DOCUMENT: Under Item 13.A, the Board is adopting new Policy 204.1. Retrieve the full proposed policy text from the official agenda link before the vote to analyze the scope of ‘wellness checks’ and the parental consent provisions.
⚖️ Legal Hook: Parental Rights – Student Privacy
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| MONITOR (LEVEL 6) |
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Second Reading of Bullying and Cyberbullying Policy
The Board is set for a final vote on Policy 249 regarding bullying and cyberbullying. The policy text is not available, creating potential free speech exposure if the definitions of bullying or harassment are overbroad and could be used to punish protected student or staff speech on contested issues.
Intake Action
PULL THE DOCUMENT: Under Item 13.A, the Board is voting to adopt Policy 249. Retrieve the full proposed policy text from the official agenda link to review definitions of harassment and bullying for potential 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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