Board hears recommendation to join class action over social media harms; legal engagement would be contingent on ratification

At the June 18 meeting the board heard from its solicitor about national litigation being pursued by school districts over alleged harms from social media platforms and a recommendation to engage outside counsel to join the class action on behalf of Southeast Delco SD.

Mr. Kilkenny said he has discussed the matter with counsel representing other districts and that several school systems are pursuing or have joined claims in the Northern District of California. He said the proposed arrangement would not require out‑of‑pocket payments from the district; under the agreement he described, any recovery would be subject to a contingency fee (the firm would receive 25% of any proceeds), with the remainder available to the district. The solicitor said he had received verbal permission from the board president to proceed with signing an engagement but said that such an agreement must be ratified by a public vote.

Board members asked how any proceeds would be used; Mr. Kilkenny and other proponents said funds would be used within the district for student mental‑health programs and supports rather than paid to families. He noted similar settlements involving other districts and that related filings have occurred in linked class‑action matters.

The transcript records staff explaining the motion must be ratified in public; it does not record a final ratification vote at this meeting. The board asked staff to include the engagement agreement and any associated documents in a future public packet for a formal vote.