EdCounsel Insights
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.
Episodes
64 episodes
Episode 62: The School Board's Role in Student Discipline
As student misconduct increases in frequency and severity this fall, many school board members are questioning their role in discipline matters. In this episode, Duane dives into an often-overlooked aspect of student discipline: the critical re...
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22:23
Episode 61: Student Discipline for Online Threats
Missouri school districts have been hit with numerous online threats lately. In this episode, Duane talks through the primary legal issues in disciplining online threats including gathering evidence, addressing off campus misconduct, and ...
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22:14
Episode 60: Student Residency Requirements: How to Know Where Students Can Go
In this episode, Emily and Duane discuss the ins and outs of student residency requirements including statutory exceptions to the residency requirements, residency waivers, guardianship, powers of attorney, and other related topics.
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33:37
Episode 59: Dealing with Teachers Who Want to Leave
With increasing frequency, teachers are requesting release from their contracts with school districts with short notice, during the summer, or at the beginning of the school year. This development creates significant challenges for school...
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13:35
Episode 58: Key Issues for SY 24-25
As we lean into the new school year, Duane hosts a roundtable discussion with Emily, Drew, and Tom regarding key issues for school leaders this fall.
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32:45
ENCORE: Reflections with Roger Schmitz: School Leadership and Public Education Advocacy
In honor of our dear friend and colleague, Roger Schmitz, we wanted to publish an encore of Roger's episode of the podcast. Sadly, Roger passed away on Wednesday, May 1, 2024, leaving behind a legacy of leadership and service to the public scho...
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Episode 58
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1:01:10
Episode 57: The General Assembly’s Oversight: Sex Segregated Restrooms in Missouri Public Schools
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 bas...
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Episode 57
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13:40
Episode 56: Reorganization Meeting Nuts and Bolts
In this episode, Duane and Emily talk through the legal parameters and mechanics of board reorganization meetings.
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Episode 56
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30:48
Episode 55: Closed Session Curiosities
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.
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Episode 55
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21:52
Episode 54: Who Should Be Board President Anyway?
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 a...
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Episode 54
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16:33
Episode 53: Non-Renewal of Teacher and Principal Contracts
In this episode, Duane discusses the non-renewal of contracts for probationary teachers and principals, including common missteps and pitfalls.
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Episode 53
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25:14
Episode 52: Board Candidate Financial Interest Statements
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 associat...
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Episode 52
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26:25
Episode 51: Amendment 3: The Short-Term Impacts for Schools
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 Amendm...
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Episode 51
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32:05
Episode 50: Election Day and Schools: Polling Place Parameters and More
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 ...
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Episode 50
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26:53
Episode 49: MOCAP Update for School Leaders: A Conversation with DESE’s Dr. Marlie Williams
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.
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Episode 49
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30:37
Episode 48: Avoiding Accidental School Board Meetings
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...
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Episode 48
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14:47
Episode 47: Student Discipline: Issues and Insights this Fall
In this episode, Duane and Emily discuss current issues in student discipline including weapons, medical marijuana and Safe Schools Act suspensions and expulsions.
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Episode 47
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45:19
Episode 46: Explicit Sexual Materials on School Shelves
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 a...
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Episode 46
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18:42
Episode 45: The Supreme Court’s “Praying Coach” Case and Missouri Schools
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 ramific...
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Episode 45
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38:52
Episode 44: 2022 General Session: The Big Takeaways from Scott Kimble
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 ed...
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Episode 44
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30:40
Episode 43: Verdict for Transgender Student Revisited
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 o...
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Episode 43
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25:24
Episode 42: Student Surveys and Privacy Laws
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...
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Episode 42
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29:57
Episode 41: School Leadership and Public Education Advocacy: Reflections with Roger Schmitz
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.
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Episode 41
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1:01:10
Episode 40: Implementing a $38K Minimum Teachers’ Salary Schedule: Talking with Carol Embree and Emily Omohundro.
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 joi...
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39:18
Episode 39: Recent Legal Issues Involving Instructional Materials
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 an...
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Episode 39
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24:04