EdCounsel Insights: Recent Episodes
EdCounsel, LLC
This podcast features host Duane Martin and other members of the EdCounsel team, who provide the latest updates on legal issues facing Missouri public schools. In each episode, the host will take a current legal topic and provide practical insights into how to manage the legal risks and compliance issues related to that topic. In January 2014, four school attorneys left the school law practice at former firms to found a completely different type of law firm – one whose sole purpose is to serve Missouri public school districts. EdCounsel is now a team of 12 attorneys who are dedicated to public schools and public school leaders.
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 leader and public education advocate, Roger Schmitz. Duane discusses with Roger his thoughts and reflections on public school challenges, leadership, and advocacy.
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 is on the books, and as long as the law is otherwise unsettled as to whether schools can have sex segregated restrooms, districts should avoid adopting policies that may lead to increased legal risks.
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.
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. Great insight into new Missouri legislation!
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 usage.
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.
Powerpoint companion for this episode regarding 38K Teachers' Salary Schedule
https://docs.google.com/presentation/d/1UHKvXCBRy5scfj2XBxJ-9yMqdb6LpMHd6XF1BQg09co/edit?usp=sharing
Carol Embree's contact information
relatableresourcellc@gmail.com
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, requirements for printed and electronic materials, and the formation of committees.
Campaign Finance FAQ:
https://www.mec.mo.gov/WebDocs/PDF/CampaignFinance/CF_FAQ.pdf
Paid for By disclosures:
https://www.mec.mo.gov/WebDocs/PDF/CampaignFinance/CampaignMaterialsIdReq.pdf
When to form a committee:
https://www.mec.mo.gov/webdocs/pdf/campaignfinance/forming_registering_committee.pdf
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 more!
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, Google for Education, and staff member compliance with FERPA.
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 moving forward.
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 individuals with disabilities, records retention requirements and the disclosure of the livestreamed video in response to Sunshine Law requests, as well as the use of board meeting videos in litigation.
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 arise.
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 into Missouri’s system of state and local governance of public schools.
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 to mandates or incentives that might be requested by employees.
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 order and removal of the state of emergency. Emily and Duane also discuss the challenges for districts without mask mandates including dealing with quarantining requirements and incumbent attendance issues.
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 regarding public health orders.
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. In this podcast, Duane talks through the legal considerations and some of the processes involved when parents challenge the materials used in your Missouri public school district.
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 how Missouri school leaders and records custodians respond to Sunshine Law requests.
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 public funds.
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 school leadership philosophies, particularly how school law and new legislation has changed the way educational practitioners approach decision making. The duo discusses the intersection of school legislation and school leadership, and how school leaders should approach the legislative process, district policies, procedures, and day-to-day operations in the evolving landscape of education.
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 solutions for board members behaving badly.
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 year. In this podcast, Duane and members of the EdCounsel team tackle legal issues related to poor student choices that create challenges for school leaders in May.
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 staffing for next school year.
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 the relaxation of mask mandates and potential challenges that moving away from mask mandates may bring.
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 this podcast, Duane and Paul explore the differences in how school lawyers and school leaders approach legal issues. Duane and Paul discuss the intersection of school law and school leadership, and how school leaders can approach legal problem solving in their daily practice.
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 with contracting, which can be very difficult and expensive to fix. In today's podcast, our attorney Tom Smith joins Duane to address the TOP 5 red flags to watch for in school contracts.
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 court cases involving Missouri public schools.
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 member makes? Listen and find out!
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 EdCounsel Insights!
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!)