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EdCounsel Insights

Author: EdCounsel, LLC

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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.
58 Episodes
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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 Schedulehttps://docs.google.com/presentation/d/1UHKvXCBRy5scfj2XBxJ-9yMqdb6LpMHd6XF1BQg09co/edit?usp=sharingCarol Embree's contact informationrelatableresourcellc@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. 
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