Published by MARE, May 2013 A high school student filed suit claiming that his property was subjected to an illegal and unconstitutional seizure when he was briefly separated from his backpack and books during a random search of his science classroom by the local...
TITLE IX v. FERPA: Which Law Trumps Following a Sexual Harassment Investigation – By: Betsey Helfrich
Published by MoASBO, February 2013 Imagine the following scenario: a student makes a claim that he has been sexually harassed by another student in your district. Per Board of Education policy, you follow grievance procedures and after investigating, determine that...
Recent 8th Circuit Case Law: Court Sides With School District In Missouri Student Speech Case – By: Wendy Kasten
Published by MARE, January 2013 In October, the United States Court of Appeals in the Eighth Circuit reversed a District Court’s decision to grant an injunction to two Missouri students who claimed that their school district violated their First Amendment free speech...
Building for the Future: A Guide to School Construction – By: Conor Neusel & Natalie Hoernschemeyer
Published by MoASBO, July 2012 I. Introduction Regardless of the size, construction and maintenance projects can cause tremendous headaches for school administrators. In addition to making aesthetic and financially conscientious decisions, administrators...
The Non-Custodial Parent’s Right to Educational Records – By: Betsey Helfrich
Published by MARE, May 2012 The right of parents to review their children’s educational records is an important right protected by Missouri and federal law. However, sometimes disputes arise regarding who is considered a “parent” that holds this right. This article...
Paul D. Coverdell Teacher Protection Act: Federal Statute Provides Protections to School Personnel – By: Natalie Hoernschemeyer
Published by MoASBO, March 2012 Congress, as part of the No Child Left Behind Act, enacted the Paul D. Coverdell Teacher Protection Act of 2001 (“the Act”). Specifically, the Act’s purpose is to “provide teachers, principals and other school professionals the tools...
Responding to Subpoenas – By: Wendy Kasten
Published by MoASBO, February 2012 More and more these days, school districts and/or their employees are being served with subpoenas. More often than not, responding and complying with these subpoenas can be confusing, time consuming, and burdensome. While in some...
The Forgotten Hearing – By: Scott Kimble
Published by MARE, February 2012 As the superintendent for your school district you have many responsibilities. One such responsibility, and perhaps the most important, is to ensure that you employ competent professionals to help run the day to day operations at the...
Fact or Fiction? Uncovering the Truth Behind Missouri Sunshine Law’s 72 Hour Rule – By: Betsey Helfrich
Published by MoASBO, December 2011 Under Missouri’s Sunshine Law, a vote by a Board of Education to hire, fire, discipline, or promote an employee must be made available to the public within seventy-two hours after the closed meeting in which such action occurred. ...
Getting Too Friendly: The Amy Hestir Act – By: Christi Coleman-Flaherty
Published by MARE, October 2011 With the passage of the Amy Hestir Act Student Protection Act (“the Act”), teachers across the state wondered whether they needed to delete their Facebook “friends” while administrators wondered, “Who’s going to monitor this?” On...