On January 3, 2019, the United States Court of Appeals for the Eighth Circuit handed down its decision in favor of the Palmyra R-I School District (“District” or “Palmyra”) in the case of E.D. et al. v. Palmyra R-I School District. The case was on appeal from the...
Federal Appeals Court Rules in Favor of Transgender Student
On Tuesday, May 30, 2017, the United States Court of Appeals for the Seventh Circuit affirmed a district court order granting a preliminary injunction issued to permit a transgender student’s access to the boys’ restroom in accordance with his gender identity. The...
Federal Appeals Court Decision in Sexual Orientation Discrimination Case May Have Broad Impact for Public School Districts
By: Sarah Schmanke In April, the U.S. Court of Appeals for the Seventh Circuit issued a decision finding that Title VII’s prohibition on discrimination on the basis of sex includes discrimination on the basis of sexual orientation. See Hively v. Ivy Tech Community...
Wrestling with Official Immunity: Is a Coach Liable for Injuries to Student Athletes at Practice? – By: Conor Neusel
Published by MARE, November 2015 School district employees that serve as coaches are responsible for supervising their players at practice and ensuring, as much as possible, that those players conduct themselves in a safe and competitive manner. Of course, this is...
Helfrich Successful before Eighth Circuit Court of Appeals
On October 18, 2013, three weeks after hearing oral argument, the United States Court of Appeals for the Eighth Circuit handed down its decision in favor of the South Callaway R-II School District in the case of B.M. v. Sought Callaway R-II School District. In this...
US Court of Appeals Finds For Avilla R-III in ADA/Sec 504 Suit
Parents of two special education students sued the Avilla R-XIII School District in the U.S. District Court for the Western District of Missouri alleging that Avilla’s failure to have a proper discrimination grievance procedure violated the ADA and Section 504 of the...
Hoernschemeyer Wins Appeal for Missouri School District
Natalie Hoernschemeyer of the firm’s education department successfully represented Poplar Bluff R-I School District before the Missouri Court of Appeals. After a hearing before the District’s Board of Education, the Board terminated a tenured teacher for incompetency...
The Tale of the Backpack: Seizure of Property in the Public School Setting – By: Natalie Hoernschemeyer
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...
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...
Missouri Court of Appeals Upholds School District’s Decision to Terminate a Tenured Teacher for her Involvement in the Solicitation of Adoption of a Minor Child – By: Betsey Helfrich
Published by MoASBO, September 2011 In May 2011, the Missouri Court of Appeals, Southern District upheld the Carthage R-IX Board of Education’s decision to terminate the District’s Director of its Parents as Teachers Program for immoral conduct. In the case of Homa...