Naperville School District 203 could join a lawsuit against social media companies on allegations that their products and platforms have adversely impacted the mental health of children and adolescents.
As a first step in the process, the board of education on Monday, Oct. 19, gave Superintendent Dan Bridges the go-ahead to explore the process with legal counsel. Further board action is required before a binding agreement is signed.
No upfront cost, superintendent says
If ultimately approved, the proposal would link Naperville 203 to nationwide, multi-district litigation that targets the design of social media platforms and their impact on schools.
“Our attorneys, our counsel, have reported that approximately 1,900 districts across the nation, and more than 100 from Illinois, are participating in this lawsuit,” Bridges detailed in his presentation of the proposal at the recent meeting.
Bridges said Naperville 203 would not incur any direct, upfront costs from participating in the lawsuit. If no funds are awarded, Bridges further stated Naperville 203 would not be responsible for paying any legal fees in direct relation to the lawsuit.
The litigation does not name any specific social media platform and instead takes a broader view of the collective companies’ impacts on youth in contemporary society.
“If there is a settlement or a judgment that results in compensation and attorney’s fees, litigation expenses and shared costs associated with the litigation proceedings would be deducted from the district’s recovery,” Bridges said.
Speaking further on the parameters in place with participation, Bridges added, “All financial terms would be outlined in the engagement, which the board would have an opportunity to review before it is finalized.”
Resolution makes allegations against social media companies
While no formal action was taken on participation in the lawsuit, Bridges presented the board with a resolution that gives the general argument behind the action proposed.
The 3-page document outlines assorted statistics, studies, and findings related to social media and youth mental health. The resolution, for instance, notes the Surgeon General of the United States Public Health Service issued an advisory on the impact social media is having on youth.
One whereas clause within the resolution brings schools into the fold, stating, “It has been reported that ‘a growing number of educators … find themselves on the front lines of a fight to change how students use social media.’”
The resolution also states in a whereas clause that Naperville 203 “has and continues to experience significant problems with student use of social media,” further stating the trend results in classroom disruption, diverts district resources, and poses a risk to the health and wellbeing of students.
Board members weigh in on participation
The board of education voted, 6-0, in support of giving Bridges the authority to dig deeper into the proposal and engage with legal counsel to learn more about the lawsuit before an official agreement is sent back to the board for action.
“I think social media really does have a huge impact on the mental health of our kids,” Joseph Kozminski said. “I’m in favor of exploring this, and I do support this resolution.”
Amanda McMillen pointed out Naperville 203 in the past has allocated funds toward mental health supports and resources through dollars allocated to the district through the American Rescue Plan Act that was implemented in the thick of the pandemic.
“I don’t believe things are that much better,” McMillen said. “We have, now, great partnerships with Endeavor Health and our schools, which is fantastic, but I think we have a strong case to demonstrate that it has actually cost us real money, even without having to dive into specific details.”
While there are no guarantees participation will bring further financial resources into the district, Kristine Gericke said she favored the deeper examination into the proposal because it could be a way to further assist students struggling with mental health.
“We need to at least try,” Gericke said.
Melissa Kelley Black, who abstained from voting, said she had a number of concerns, including the use of district resources to participate. She also questioned whether student mental health-related data would have to be reported, which will be a part of the exploratory process underway.
“We have to have our lawyer review this,” Kelley Black said. “We have to have people gather the information. For an extensive lawsuit against a social media company, there’s going to be a lot of documentation … that they’re going to want.”
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