EdCounsel Insights

With the increase in teacher’s minimum salary requirements, many districts are reevaluating the design of their teacher salary schedules.  In this episode, Duane discusses the statutory parameters for teacher salary schedules that should be considered in rethinking schedule design for the 25-26 school year. 

With the advance of generative artificial intelligence, schools are becoming increasingly interested in the implementation and usage of AI in a variety of ways.  In this episode, Duane discusses a few of the primary legal considerations that schools should bear in mind as they move forward with AI in their District. 

Running for a school board tends to be a lot more involved that most potential candidates assume it will be when they step forward to serve.  In this episode, Duane Martin and Emily Omohundro discuss many of the procedural and practical aspects of running for school board in an attempt to demystify the process and prepare candidates for the challenges and rewards of serving on the board.

Every holiday season, questions arise regarding concerts, displays, attire and other forms of expression that may be considered religious in nature.   Schools must strike a balance between allowing individuals to express themselves and the school’s endorsement of religion under the Establishment Clause of the First Amendment.  Join Emily, Drew and Duane in this episode of EdCounsel Insights as the...

As concerns over security continue to impact schools, questions surrounding the rights of registered sex offenders, their proximity to schools, and the legal parameters in place to protect students have become pressing issues. What does the Missouri law say about where sex offenders can be in relation to schools? How are schools to balance the rights of individuals with the need to protect our chi...

One of the primary responsibilities of an elected school board is to make policies that serve as a framework for how the local school district operates.  In this episode, Duane and Emily discuss policy development, policy services, and perspectives regarding how school boards can better serve their communities in their policy-making process. 

Missouri public school districts are limited in the methods they can use to procure construction of facilities.  In this episode, Duane and Tom discuss the various methods of construction procurement and the ins and outs of procuring design professionals and construction contractors.

As student misconduct increases in frequency and severity this fall, many school board members are questioning their role in discipline matters. In this episode, Duane dives into an often-overlooked aspect of student discipline: the critical responsibilities of the school board. He discusses how boards establish policies, determine procedures, and make final decisions on student discipline, sheddi...

Missouri school districts have been hit with numerous online threats lately.  In this episode, Duane talks through the primary legal issues in disciplining online threats including gathering evidence, addressing off campus misconduct, and navigating free speech concerns.

In this episode, Emily and Duane discuss the ins and outs of student residency requirements including statutory exceptions to the residency requirements, residency waivers, guardianship, powers of attorney, and other related topics.

With increasing frequency, teachers are requesting release from their contracts with school districts with short notice, during the summer, or at the beginning of the school year.  This development creates significant challenges for schools as they attempt to manage teacher shortages.  In this episode, Duane discusses the legal landscape surrounding teachers “breaking their contracts” and the reme...

As we lean into the new school year, Duane hosts a roundtable discussion with Emily, Drew, and Tom regarding key issues for school leaders this fall.

In honor of our dear friend and colleague, Roger Schmitz, we wanted to publish an encore of Roger's episode of the podcast. Sadly, Roger passed away on Wednesday, May 1, 2024, leaving behind a legacy of leadership and service to the public schools of Missouri. This episode originally aired on May 20, 2022. In this episode, we continue the "Leaders and the Law" series with school lea...

Some former and current legislators argue that school districts should pass policies requiring sex segregated school restrooms.   The Missouri Human Rights Act prohibits segregation in public accommodations, including restrooms, on the basis of sex.  This prohibition is broad enough to allow for claims that males cannot be excluded from female restrooms and vice versa.   As long as this language i...

In this episode, Duane and Emily talk through the legal parameters and mechanics of board reorganization meetings. 

In this episode, Duane talks through some of the quirky procedural issues and common misperceptions associated with conducting closed sessions of the Board of Education. 

With Board reorganizations coming up next month, it is time to think about who should be your Board president.  In this episode, Duane discusses the role of the Board President and general areas of responsibilities—all things to consider as you elect your new President. 

In this episode, Duane discusses the non-renewal of contracts for probationary teachers and principals, including common missteps and pitfalls. 

In this episode, Duane and Emily discuss the requirements for board candidates surrounding personal financial disclosures, sometimes called financial interest statements.   Emily and Duane talk through some of the confusing points associated with the filing requirements, as well as filing requirements for sitting board members. 

With the passage of Amendment 3 legalizing the recreational use of marijuana, many school leaders are wondering what the impact, at least in the short term, will be for Missouri schools.  In this episode, Emily and Duane discuss how Amendment 3 is likely to affect Missouri schools in the short term and identify some of the issues that school leaders should consider at this juncture. 

In this episode, Duane and Tom talk through general election issues for schools on election day.  We discuss the ins and outs of schools as polling places, employee leave to vote, and other general election day issues that impact Missouri public schools. 

In this episode, Duane talks with Dr. Marlie Williams, DESE’s Virtual Learning Administrator, regarding changes to the MOCAP program, as well as guidance and resources for resident district school leaders. 

By email, text messaging or in-person, Board members can rather easily but unintentionally engage in a “meeting” under the law.   In this episode, Duane talks through the Sunshine Law issues that can come up when board members confer about school-related topics outside of regularly scheduled meetings.  

In this episode, Duane and Emily discuss current issues in student discipline including weapons, medical marijuana and Safe Schools Act suspensions and expulsions. 

In this episode, Duane discusses recent developments surrounding the issue of sexually explicit materials in Missouri public schools.  We discuss the new criminal statute prohibiting the provision of explicit sexual materials to students and a recent ruling from a Missouri federal court regarding restrictions on student access to books under the First Amendment.