The first day of classes is Tuesday at schools across the Lower Merion School district, as seven Pennsylvania families brought forward a lawsuit challenging the district’s rules for not allowing their children to opt out of internet use.<\/p>\n
On Tuesday, about 8,600 students were set to resume classes throughout the Lower Merion School District after a representative for families who sued Lower Merion School District said they filed a motion for a preliminary injunction in the case.<\/p>\n
The representative said that the families were asking “the court to restore the previous technology policy that was in place until August 17, 2026, when the school board voted to eliminate parents’ ability to decline an internet-connected device for their child.”<\/p>\n
The lawsuit alleges that the district is violating “Fourteenth Amendment protection for parents’ right to direct their children’s care and education and warns of irreparable harm without an injunction.”<\/p>\n
However, in a statement to NBC10, the district denied these allegations. <\/p>\n
“The Lower Merion School District is aware of a lawsuit filed by some parents, not all of whom have students enrolled in LMSD schools, alleging the School Board\u2019s decision to repeal a School Board Policy represents a violation of their civil rights,” said the district in a statement. “The District denies the allegations and will respond further through the judicial process.”<\/p>\n
Of the seven families bringing the lawsuit, just three have students still enrolled. <\/p>\n
The rest have children described as \u201celigible to attend\u201d this fall. One family enrolled their kids in a private school, according to the complaint.<\/p>\n
How did this situation arise? <\/p>\n
The district adopted a new technology policy Aug. 17, 2026, that limits the use of devices in elementary school and doesn\u2019t assign laptops or iPads to students until they\u2019re in fifth grade.<\/p>\n
The policy tries to strike a balance between recognizing that \u201cfamilies have different perspectives on student access to technology,\u201d while still \u201cmaximizing the educational value of technology resources.\u201d <\/p>\n
But in June, the board repealed a longstanding policy that allowed parents to refuse internet-connected devices for their kids.<\/p>\n
Citing research on the addictive nature of online sites and the harmful effects of social media, the parents accused the district, Superintendent Frank Ranelli and seven board members of creating \u201can environment that is unhealthy, unsafe and invasive for students.\u201d <\/p>\n
The complaint argues that the policy denies parents\u2019 rights to make decisions about their children\u2019s \u201cupbringing and education\u201d and puts kids at risk of accessing online pornography and violent videos. One child, according to the lawsuit, began \u201ccompulsively playing an online poker game on his school device.\u201d<\/p>\n
An \u2018unusual lawsuit\u2019<\/p>\n
The case is the latest move by the EdTech Law Center, led by a husband and wife legal team in Texas, to force districts to significantly restrict internet use. <\/p>\n
Andrew and Julie Liddell, who are working with a Philadelphia firm representing the parents, also have several active cases against ed tech vendors, including IXL, an online learning platform, and PowerSchool, a student information system. <\/p>\n
In a statement, Andrew Liddell said he believes the case \u201cis the first of its kind.\u201d It\u2019s not typical, experts say, for disputes between parents and districts over tech use to end up in court.<\/p>\n
\u201cThis is an unusual lawsuit,\u201d said Stacy Hawthorne, board chair for the Consortium for School Networking, a professional organization. It\u2019s difficult, she said, to bring a constitutional challenge over a school board\u2019s policymaking authority. \u201cCourts generally have not given individual families a veto over a district\u2019s instructional or technology policies.\u201d<\/p>\n
The lawsuit comes after Education Secretary Linda McMahon said during a CNN interview that parents should have the right to request something different if they think an ed tech tool, especially one using artificial intelligence, is not right for their child.<\/p>\n
During an interview with CNN\u2019s Dana Bash Aug. 23, 2026, Education Secretary Linda McMahon said she\u2019s opposed to allowing students to have \u201crecreational screen time\u201d at school.<\/p>\n
Ed tech organizations and the U.S. Department of Education have called for limiting overuse while thoroughly vetting programs to ensure they improve learning.<\/p>\n
\u201cNothing should replace that one-on-one teacher interaction with students,\u201d McMahon said during her CNN spot. \u201cAre we looking at it as recreational screen time or are we looking at it as tutorial screen time? There is a right balance to be used in the classroom.\u201d<\/p>\n
Hawthorne, chair of the Consortium for School Networking, said she doesn\u2019t expect similar lawsuits to become common, and that most disputes over screen time, privacy and AI \u201cwill continue to play out through school board deliberations, elections and state policymaking.\u201d<\/p>\n
But she urged districts to take parents\u2019 concerns seriously and to explain how their use of technology supports learning and protects kids online.<\/p>\n
\u2018Teacher-led education\u2019<\/p>\n
The debate between Lower Merion district leaders and parents flared up in the spring when, according to the complaint, device use \u201chad grown intolerable to many parents.\u201d<\/p>\n
Yair Lev, the lead plaintiff, has two children at Cynwyd Elementary in the district and helped organize Pencils Over Pixels to advocate in favor of maintaining the opt-out policy. When Ranelli, the superintendent, and local school administrators began telling parents they couldn\u2019t opt out, the conflict escalated.<\/p>\n
Lev, a cardiologist and professor at Thomas Jefferson University Hospital, sent numerous emails to board members asking them not to \u201celiminate parent protections.\u201d<\/p>\n
In a July message, he described an earlier conversation in which he said the superintendent told him that parents who object to Chromebooks and online curriculum \u201cwere welcome to leave the public school district and go to private school.\u201d<\/p>\n
Pointing to disruptions at previous meetings by some parents demanding to opt their children out of using devices, the district ultimately moved the final vote on the policy to Zoom and allowed no public comments. <\/p>\n
The district is also adopting a new program that allows both educators and parents to monitor device use.<\/p>\n
In a statement shared with The 74, Lev said he has no plans to pull his kids out of the district.<\/p>\n
\u201cWe are not willing to sacrifice the public schools and community we love,\u201d he said. \u201cWe simply seek to preserve our right as parents to choose a teacher-led education for our children without mandatory technology requirements.\u201d<\/p>\n