EdCounsel Insights

On August 24, the Missouri Attorney General Eric Schmitt filed a putative class action on behalf of the State of Missouri.  In this lawsuit, the Attorney General attempts to prevent any Missouri public school from adopting a masking requirement for students, now or at any time in the future.  In this episode, Duane discusses the implications of this unprecedented move by the AG and how it fits int...

In this episode of EdCounsel Insights, Duane and Emily discuss potential vaccine mandates and incentives, including the President's recent pronouncements about vaccine mandates and a public employer's authority to mandate vaccinations for its employees. They take an in-depth look at the potential to offer incentives for employees to provide proof of vaccinations and handling exemptions t...

In this episode, Emily and Duane talk through some of the recent legal challenges for districts that have adopted a masking mandates, and those districts that have not implemented masking requirements. They discuss the Attorney General’s putative class action against Columbia Public Schools and potentially other school districts, the implications of HB 271, and the Governor’s most recent executive...

With the start of school, school leaders and boards are working through their final back-to-school plans and making decisions regarding a number of COVID-related issues. Emily joins Duane to discuss a variety of current COVID-related legal issues including mask requirements, COVID-related leave, the COVID liability protection statute, the CDC public transportation order, and HB 271’s requirements...

Local school districts are responsible for the instructional materials used in their schools.  This week Missouri public schools have had their instructional materials questioned by parents and legislators alike. School leaders and school board members need to have a good idea about the legal landscape and procedures involved in responding to complaints when instructional materials are questioned....

One of the few tools available to address board member misconduct is public censure. Recently, the U.S. Supreme Court accepted a case in which a board member claimed his First Amendment rights were violated when his board censured him for alleged misconduct. In this podcast, Duane discusses the pending Supreme Court case and its implications for Missouri school boards.

The Missouri Supreme Court’s decision regarding responses to Sunshine Law requests for records will likely change the way Missouri public school districts respond to requests.  Emily Omohundro and Tom Smith join Duane to discuss this week’s decision from the Missouri Supreme Court regarding responses to Sunshine Law requests for records. We discuss the ruling and how it could potentially impact ho...

Drew Marriott and Tom Smith join Duane to discuss this week’s decision from the U.S. Supreme Court regarding student free speech rights. We discuss the ruling and how it could potentially impact how Missouri school leaders address student off campus misconduct involving free speech.

The US Department of Education has put school districts on notice that they will interpret Title IX to prohibit discrimination on the basis of gender identity and sexual orientation.  EdCounsel attorney Madelynn Garrett joins Duane to discuss the notice and the current state of the law regarding gender identity in Missouri schools.

Emily Omohundro and Rachel Meystedt join Duane to discuss Missouri’s new voucher bill. HB 349 creates a voucher tax credit program that will indirectly provide public funds to private schools. When read in its entirety, the statute appears to be calculated to endorse private school discrimination against students with disabilities, even though the private schools in the program will be accepting p...

Dr. Doug Hayter joins Duane for this episode of "Leaders and the Law." Doug, a former school leader, is now the Executive Director of the Missouri Association of School Administrators (MASA), where he promotes leadership development with over 800 members across the state and facilitates conversations with legislators to promote and advance public education. Duane and Doug reflect on scho...

Board members are often well-intentioned, but sometimes misguided in their actions. Personal agendas, confidentiality expectations, general ethical roles, and absence from board meetings can all create legal stumbling blocks for school districts. In this podcast, Duane visits with firm partners, Emily and Drew, who also both serve on their local school boards. The team addresses examples and solut...

As schools wrap up an extraordinary year, school leaders may see some routine - and some bizarre - student misconduct issues. Whether a senior prank, an off-campus matter carried over to the school, or even a weapon incident, the year-end spike in student misconduct can require compliance with some complex discipline procedures, possibly affecting graduation or suspensions after the close of the y...

As schools struggle to fill holes in staffing for next fall, school leaders scramble to find the best hires for their kids. Unfortunately, this scramble can lead to missteps in the hiring process and more importantly, concerns about the person the school hired. Emily Omohundro joins Duane to talk through some of the common pitfalls and processes associated with late Spring hiring and challenges in...

As schools start to move away from mask mandates, school leaders and school boards face a myriad of legal issues to sort through. If schools decide they will not follow health official guidance, or their board policies relating to health guidance, they may be exposing the district to significant legal risks. Rachel Meystedt joins Duane today to talk through some of the legal issues presented by th...

Paul Ziegler joins Duane for the first of a new series entitled "Leaders and the Law." Both a former school attorney and a former school administrator, Paul is now the CEO of Education Plus where he serves as the leader of the St. Louis regional school district cooperative which provides school districts with purchasing, professional development, and advocacy network opportunities. In th...

Each year we see schools enter into vendor contracts that are ill advised, detrimental to the school, or contain contract language that can create havoc for a school district. Due to the recent availability of ESSER funds, these situations are likely to increase as schools enter into many more contracts with a large variety of vendors.  There are a number of legal mistakes that schools can make wi...

Even prior to COVID, a variety of legal issues surrounded virtual and remote instruction which caused Missouri school leaders to consider how these options fit into providing an appropriate education for their students. EdCounsel Attorney Drew Marriott joins Duane to discuss the delivery of virtual instruction, the MOCAP program, proposed legislation regarding virtual ed, and a few virtual ed cour...

In this week's podcast, Emily joins Duane to explore her role as an attorney, board member, and former board president to offer insight regarding board transitions upon the April 6 municipal election. The team examines the role of a board member, admin support of positive board relations, and being a good listener while staying legally compliant. What are the common mistakes a new board membe...

School employee free speech has become a hot issue over the last year with the challenges of COVID and an unsettled political landscape. Schools have become a focal point for free speech surrounding a number of topics. What are the rights of school employees to express themselves? Can schools regulate this? Duane and Emily tackle this topic in today's podcast. Thanks for listening to EdCounse...

Welcome to the inaugural edition of EdCounsel Insights! Join us to learn about recent school court cases, new legislation, or, perhaps, an area of legal concern for our Missouri public schools. So glad we could be together and thanks for listening! (Hit that subscribe button!)