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,...
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...
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...
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...
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. ...
EEOC Issues Regulations Implementing the ADAAA – By: Christi Flaherty
Published by MoASBO, September 2011 In 2009 employers across the country heaved a sigh of defeat as the Americans With Disabilities Act Amendment Act (ADAAA) went into effect, undoing nearly a decade of employer-friendly court decisions. With the ADAAA, Congress...
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...
Ask the Attorney – The Amy Hestir Act – By: Tom Mickes
Published by MoASBO, July 2011 Q: Our principals are frequently asked to provide job references for former employees. With the passage of the Amy Hestir law, do we need to make any changes? A. The new law requires all Missouri public school districts to adopt a...
A Review of U.S. Department of Education Family Policy Compliance Office Guidelines – By: Betsey A. Helfrich
Published by MOASBO, October 2010 Release of Personally Identifiable Student Information in the Face of an Emergency The chance of a man-made or natural emergency occurring at your school is slight. However, it is imperative to take steps now to be prepared to respond...