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...
Federal Court dismisses ADA Suit Against Investment Group of Rolla
On June 10, 2013, the United States District Court for the Eastern District of Missouri dismissed the last of three separate ADA lawsuits filed against Mickes Goldman O'Toole, LLC clients in Phelps County Missouri (the other two cases had previously been dismissed)....
Office of Civil Rights Finds No Merit to Discrimination Claims Filed Against Jefferson County R-VII School District
On May 31, 2013, the U.S. Department of Education, Office of Civil Rights (“OCR”) issued Findings of Fact and Conclusions of Law exonerating MGO client Jefferson County R-VII School District of all charges that it discriminated against a student on the basis of race....
Change May Be Coming: A Review Of House Bill 134 – By: Scott Kimble
Published by MoASBO, June 2013 Bullying has been a hot legal topic for the past decade. Indeed, in 2006, in response to increased awareness due to several student-related tragedies, the Missouri legislature passed the State’s first anti-bullying statute, Mo. Rev....
NSBA COSA 2013 Seminar
Tom Mickes and Teri Goldman were proud to be speakers at the April 2013 NSBA Council of School Attorneys' School Law Seminar in San Diego.
Students on the Move: Determining Whether a Student Is Homeless – By: Sarah Schmanke
Published by MoASBO, April 2013 Today, it is not all that uncommon for school districts to encounter a student who has moved into a home in the district to live with someone who is not a parent or guardian. If the student is a minor and does not have a parent,...
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...
Administrative Hearing Commission Dismisses Cases Against West St Francois County School District
On February 1, 2013, the Missouri Administrative Hearing Commission (“AHC”) dismissed two Due Process Complaints that had been filed against MGO client West St. Francois County R-IV School District. The cases styled, A.M. v. West St. Francois County R-IV School...
MGO Recovers $18,000 in Attorney Fees in ADA Lawsuit
On January 15, 2013, the United States District Court for the Eastern District of Missouri granted a motion to dismiss filed by MGO attorneys Ernie Trakas and Betsey Helfrich on behalf of firm client Phelps County Bank (“PCB”). The case, Steelman v. Phelps Co. Bank,...
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...