EdCounsel Insights

The US Supreme Court’s recent decision regarding a coach who prayed at mid-field following high school football games has significant implications for Missouri’s schools.  In this episode, Duane and Emily discuss the ruling and its ramifications for Missouri public school districts. 

In this episode, Duane is joined by attorney and MASA’s Director of Advocacy Scott Kimble to discuss the topline takeaways from this General Session.  Scott talks through the highlights of the budget, the new charter funding and virtual education bill, as well as some of the many provisions of SB 681, including reading intervention, community engagement policy requirements, the BRITE Act, etc.  Gr...

In this episode, Drew, Emily and Duane discuss the recent court’s judgment in favor of a school district notwithstanding a $4 million jury verdict against the district and in favor of a transgender student.  The team discusses the nature of the decision and what it means for Missouri public school districts trying to address transgender student requests for public accommodations like restroom usag...

In this episode, Tom Smith and Duane discuss recent claims regarding pupil privacy and student surveys.  Tom and Duane talk through the legal parameters and practical considerations that districts need to think about now to prepare for the upcoming school year.  

In this episode, we continue the "Leaders and the Law" series with school leader and public education advocate, Roger Schmitz. Duane discusses with Roger his thoughts and reflections on public school challenges, leadership, and advocacy. 

With the Governor’s proposal to increase teacher salaries, Districts are considering options for implementation of a salary schedule that will make sense for them, now and in the future.  School leader and financial expert Carol Embree joins Emily and Duane to discuss the financial and legal issues associated with putting a salary schedule with a $38K minimum teacher’s salary into place.    Powerp...

Over the past few months, legal issues regarding public access to and board approval of instructional materials have become prevalent.   In this episode, Emily and Duane discuss legal issues regarding instructional materials, curriculum and textbooks ranging from approval requirements to parental access.  

In this episode, Duane discusses a few of the common mistakes often made by new members of the Board of Education. 

This past week, the Supreme Court rejected a board member’s claim that his First Amendment rights were violated when his board gave him a verbal censure for his conduct as a board member.  In this episode, Duane discusses the Court’s decision and what it means for Missouri school boards that may want to censure an individual board member. 

Federal, state law and board policy each have specific rules for guns on Missouri school property. In this episode, Duane talks through some of the more common issues raised by these rules and what school officials should know about guns on school property in the possession of students, patrons, visitors, employees and school protections officers.   

With the new criminal penalties associated with violating the rules, there is an increased scrutiny on school officials and how they provide information about the District’s ballot measure.  In this episode, Rachel Meystedt joins Duane to talk about key rules relating to campaigns for ballot measures including the use of district resources, remaining neutral in providing ballot information, requir...

Last Friday, the CDC announced recent changes in its guidance, including guidance for schools.  In today’s episode, Emily and Duane discuss a summary of the recent changes, including changes in the requirements to mask on school buses.   Visit our blog for more information.  https://edcounsel.law/2022/02/28/30781/

With the recent hearing on HB 1814, the open enrollment bill, there is a great deal of discussion and confusion about what the bill will mean to  public schools.  In this episode, Duane discusses some of the common misconceptions about this proposed legislation. 

As schools prepare for the Spring personnel season, Duane and Emily discuss the actions and processes for school boards in making good personnel decisions this Spring.  In this episode, we cover a wide-range of personnel topics as they relate to Board decisions including the hiring process before the board, non-renewals, contracting, personnel-related Sunshine Law issues, resignations, and much mo...

In this episode, Drew and Duane discuss this week’s decision from the Missouri Supreme Court regarding the termination of a teacher for disclosure of confidential student information when she transferred the District’s Google for Education Account to her personal Google account for personal reasons.  Drew talks through some critical takeaways for Missouri public schools regarding data breaches, Go...

In this episode, Duane and Emily discuss some of the most recent legal developments including the vacation of the state of emergency by the Governor and its impact on 550 employees and the issuance of public health orders, the appeal of the Cole County judgment by intervenors, new CDC guidance on quarantines and other issues creating legal questions for schools.  

In this episode, Duane, Emily and Drew discuss last week’s verdict against a Missouri school district based upon a transgender student’s claims of discrimination and what it means going forward for Missouri’s schools.   

Recent actions by the Missouri Attorney General demonstrate an abuse of the power of his office and demonstrate a disregard for the safety of students and staff members.  In this episode, Duane talks through the AG’s actions, how the AG is breaching his duties, and how this all impacts our schools. 

Earlier this week, the Cole County Circuit Court entered a judgment declaring that certain health orders by unelected officials were illegal.  Emily Omohundro and Tom Smith join Duane in this episode to talk through the nature of the ruling and the potential impact this ruling may have on Missouri public schools.   

Earlier this week, the Missouri Attorney General filed a lawsuit against the Springfield Public Schools alleging 13 violations of the Sunshine Law.  This lawsuit makes claims that may have a substantial and adverse impact on public school districts and their taxpayers.   Emily joins Duane in this episode to discuss some of the potential implications of this lawsuit.  

Missouri school board policy in general is evolving away from the traditional role it has played in Missouri schools.  With this evolution, schools are seeing certain trends that will likely impact how local districts are governed for some time to come.  In this episode, Duane discusses some of the trendlines in board policymaking in Missouri schools and what these trends may mean for districts mo...

Today’s episode focuses on a topic of significant discussion during the past 18 months—livestreaming school board meetings.    Duane discusses the legal considerations for boards as they determine whether to livestream, or continue to livestream, their meetings. This episode talks through some of the legal land mines associated with online video of board meetings such as accessibility for individu...

In this episode of EdCounsel Insights, Drew joins Duane to talk about a recent Missouri decision involving student off campus free speech in the wake of the U.S. Supreme Court’s cheerleader case this summer.  Drew and Duane discuss recent developments regarding, and strategies for addressing, student off-campus misconduct that may involve free speech. 

This fall schools have experienced a significant uptick in teacher absences without approved leave. Emily joins Duane to discuss the legal and practical considerations in working through these difficult situations. 

With the rise in the number of disruptive patrons who believe they have an absolute right to access school property, many schools are struggling with the issue of restricting access to school property.  Tom Smith joins Duane today to discuss the legal parameters for restricting access of disruptive patrons in your buildings, at board meetings and in a number of other key situations that tend to ar...