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Board reviews public‑comment policy after solicitor cites Miller v. Goggin and Sunshine Act provisions

May 10, 2025 | Delaware Valley SD, School Districts, Pennsylvania


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Board reviews public‑comment policy after solicitor cites Miller v. Goggin and Sunshine Act provisions
The Delaware Valley School District board placed Policy 903 (public participation at board meetings) on first review Thursday and heard a legal summary about limits on public comment.

"Miller versus Goggin," an attorney said during the meeting, "confirms that our policy is totally valid" when a school district places reasonable, content‑neutral restrictions (time limits, requiring a municipality/county of residence rather than a full address) in a limited public forum.

The board's solicitor and other trustees also discussed Section 710.1 of the Pennsylvania Sunshine Act, which they read as permitting a governing body to provide a reasonable opportunity at advertised meetings for residents or taxpayers of the political subdivision to speak. One trustee questioned whether "taxpayer" could be read broadly, but the solicitor said case law supports restricting public comment to residents of the district when the forum is limited to conducting school business.

Attorney McIntyre told trustees he would e‑mail the Miller v. Goggin decision and a shorter "head notes" summary to the board. "It confirms that our policy is totally valid," he said, recommending the board review the case before final action. The board did not adopt policy changes; the item remained at first review for additional discussion at future meetings.

Trustees also confirmed other policies — changes to gifted education and Title I parent‑involvement policies — were at second review and would appear on the May 15 voting agenda with no recommended changes.

The board emphasized the difference between residents and broader categories of taxpayers or state residents, and several trustees asked staff to prepare additional materials before a final vote on Policy 903.

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