Kennett Consolidated SD policy committee reviews Title IX, weapons, dress, privacy and property policy changes

Kennett Consolidated School District policy committee members met March 31 to review and revise a package of student-related policies, discussing legal questions about Title IX language, privacy wording for special-education records, removal of replica weapons from the district weapons definition, new dress-code guidance, vaping enforcement changes and proposed thresholds for reporting damage to school property.

The committee examined several interlocking items tied to federal and state law. Chris Marsala, the district’s director of human resources, summarized the legal background for policy 103 and related subpolicies, saying the district would delete policy 103.3 after its legal basis changed and consolidate guidance under the 2020 Title IX framework. "103.3 is being recommended for deletion," Marsala said, and staff had updated policies 103, 103.2 and 104 to align with the remaining Title IX guidance.

Why it matters: the package includes provisions that affect discipline, privacy and who in the district fills compliance roles. Committee members repeatedly asked for solicitor guidance before final board consideration because several items hinge on precise legal terms and statutory mandates.

What the committee discussed and directed

- Title IX policies: Committee members agreed to recommend deletion of policy 103.3 (the subpolicy that would have applied after Aug. 1, 2024) and to apply the district’s remaining Title IX language consistent with the 2020 guidance. Board member Latoya Myers pressed for clarity on retaliation language and whether phrases such as "good faith" or "reasonable belief" should be used consistently across policies. The committee left a follow-up instruction to ask legal counsel for a clear, consistent drafting approach ahead of full-board consideration.

- Confidentiality of special-education student information (policy 113.4): Cassandra Jones, director of pupil services and supports, said the attorney reviewed whether to use "shall" or "will" in the policy and recommended reinstating "shall" for consistency with the board’s existing policy language, though the attorney found no legal mandate requiring "shall" in school-board policy. Jones reported the attorney "suggested resubmitting the policy with shall reinstated in place of will." Committee members also identified redundant phrases to remove and asked staff to make consistent edits.

- Weapons policy (2.18.1): Jones said the district removed "replica weapon" from the policy’s definition because Pennsylvania’s Act 26 — the state law that imposes a minimum one-year expulsion for possession of a weapon on school property — does not allow a one-year expulsion for an item the law treats as a replica. Jones told the committee that excluding replicas aligns the policy with Act 26 and avoids imposing a legally impermissible mandatory expulsion for a replica. Committee members debated the policy’s wording that reads, in effect, "the board shall expel a student for a period of not less than one year," while allowing the superintendent to recommend exceptions on a case-by-case basis. Several members said the language is legally awkward but acknowledged the district may be required to adopt the statutory phrasing while preserving a superintendent-level exception; the group asked staff to confirm the final legal form with the solicitor. The committee also agreed the weapons policy should not take effect until August 2025 to align implementation with the student code of conduct.

- Dress and grooming (2.21): The committee reviewed a revised dress-and-grooming policy intended to balance students’ personal expression with a safe, orderly learning environment. The policy directs building principals to monitor dress, calls for periodic reviews with students and families to prevent discrimination, and directs that administrative regulations define specific rules; staff said the final dress rules will appear in the student code of conduct and handbooks, which the board should review annually.

- Tobacco and vaping (2.22): Staff presented a revision that treats vaping and tobacco as disciplinary matters handled through the student-assistance program rather than prosecution. The committee agreed to remove references to marijuana and THC from the vaping/tobacco policy and handle those substances in a separate controlled-substances policy (policy 2.27) that staff will return to the committee for review.

- Care of school property (2.24): Staff proposed a reporting and financial-responsibility structure that sets $10 as the lowest common replacement charge (library book examples) and a $500 threshold above which the superintendent will report incidents to the board. Committee members asked staff to consider equity and to allow administrative discretion: several members said a small dollar charge can be as burdensome to some families as a larger one is to others, and asked staff to ensure collection practices do not become barriers to student attendance or graduation. Staff responded they will substitute more flexible wording ("may" instead of "will") for situations requiring case-by-case discretion and will establish administrative regulations to ensure consistent application.

Quotes from committee members and staff are limited to those who spoke in the meeting transcript. Latoya Myers said, "I think [an attorney] would be helpful…because the comment that the solicitor made at the last board meeting with respect to the retaliation language… I just want clarity on that." Cassandra Jones told the committee the attorney had advised that "either [shall or will] would be acceptable," but recommended reverting to "shall" to preserve consistency with other board policies.

Next steps and follow-up

Staff will consult with the district solicitor about the retaliation language, the board’s mandatory expulsion language and other legal points flagged in the meeting; they will then return revised policies to the committee and to the full board for final consideration. The weapons policy was slated to take effect in August 2025 so the district’s code of conduct, handbooks and any administrative regulations can be aligned before students return.

The committee’s discussion shows the district is attempting to reconcile state legal mandates with administrative discretion and equitable application; staff will deliver revised language and solicitor guidance before the policies go to the full board.