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EdCounsel Insights

Education Podcasts

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.

Location:

United States

Description:

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.

Language:

English


Episodes
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Episode 57: The General Assembly’s Oversight: Sex Segregated Restrooms in Missouri Public Schools

10/31/2023
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 basis of sex. This prohibition is broad enough to allow for claims that males cannot be excluded from female restrooms and vice versa. As long as this language is on the books, and as long as the law is otherwise unsettled as to whether schools can have sex segregated restrooms, districts should avoid adopting policies that may lead to increased legal risks.

Duration:00:13:40

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Episode 56: Reorganization Meeting Nuts and Bolts

3/27/2023
In this episode, Duane and Emily talk through the legal parameters and mechanics of board reorganization meetings.

Duration:00:30:48

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Episode 55: Closed Session Curiosities

3/17/2023
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.

Duration:00:21:52

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Episode 54: Who Should Be Board President Anyway?

3/9/2023
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 as you elect your new President.

Duration:00:16:33

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Episode 53: Non-Renewal of Teacher and Principal Contracts

2/24/2023
In this episode, Duane discusses the non-renewal of contracts for probationary teachers and principals, including common missteps and pitfalls.

Duration:00:25:14

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Episode 52: Board Candidate Financial Interest Statements

1/13/2023
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 associated with the filing requirements, as well as filing requirements for sitting board members.

Duration:00:26:25

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Episode 51: Amendment 3: The Short-Term Impacts for Schools

11/22/2022
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 Amendment 3 is likely to affect Missouri schools in the short term and identify some of the issues that school leaders should consider at this juncture.

Duration:00:32:05

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Episode 50: Election Day and Schools: Polling Place Parameters and More

10/28/2022
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 public schools.

Duration:00:26:50

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Episode 49: MOCAP Update for School Leaders: A Conversation with DESE’s Dr. Marlie Williams

10/19/2022
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.

Duration:00:30:37

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Episode 48: Avoiding Accidental School Board Meetings

9/23/2022
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 school-related topics outside of regularly scheduled meetings.

Duration:00:14:47

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Episode 47: Student Discipline: Issues and Insights this Fall

9/19/2022
In this episode, Duane and Emily discuss current issues in student discipline including weapons, medical marijuana and Safe Schools Act suspensions and expulsions.

Duration:00:45:19

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Episode 46: Explicit Sexual Materials on School Shelves

9/2/2022
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 and a recent ruling from a Missouri federal court regarding restrictions on student access to books under the First Amendment.

Duration:00:18:42

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Episode 45: The Supreme Court’s “Praying Coach” Case and Missouri Schools

7/5/2022
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 ramifications for Missouri public school districts.

Duration:00:38:52

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Episode 44: 2022 General Session: The Big Takeaways from Scott Kimble

6/17/2022
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 education bill, as well as some of the many provisions of SB 681, including reading intervention, community engagement policy requirements, the BRITE Act, etc. Great insight into new Missouri legislation!

Duration:00:30:40

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Episode 43: Verdict for Transgender Student Revisited

6/13/2022
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 of the decision and what it means for Missouri public school districts trying to address transgender student requests for public accommodations like restroom usage.

Duration:00:25:24

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Episode 42: Student Surveys and Privacy Laws

6/3/2022
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 upcoming school year.

Duration:00:29:57

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Episode 41: School Leadership and Public Education Advocacy: Reflections with Roger Schmitz

5/20/2022
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.

Duration:01:01:10

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Episode 40: Implementing a $38K Minimum Teachers’ Salary Schedule: Talking with Carol Embree and Emily Omohundro.

5/12/2022
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 joins Emily and Duane to discuss the financial and legal issues associated with putting a salary schedule with a $38K minimum teacher’s salary into place. Powerpoint companion for this episode regarding 38K Teachers' Salary Schedule https://docs.google.com/presentation/d/1UHKvXCBRy5scfj2XBxJ-9yMqdb6LpMHd6XF1BQg09co/edit?usp=sharing Carol Embree's contact information relatableresourcellc@gmail.com

Duration:00:39:18

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Episode 39: Recent Legal Issues Involving Instructional Materials

4/25/2022
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 and textbooks ranging from approval requirements to parental access.

Duration:00:24:03

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Episode 38: Common Mistakes of New Board Members

4/18/2022
In this episode, Duane discusses a few of the common mistakes often made by new members of the Board of Education.

Duration:00:21:19