SCOTUS Strengthens Rowley Standard for Providing FAPE

The United States Supreme Court issued its opinion in Endrew F. v. Douglas County School District RE-1 on March 22, 2017, which addressed the question of how to determine whether a child with disabilities has received appropriate educational benefits as required under the Individuals with Disabilities Education Act (IDEA). The Court’s unanimous decision vacated and remanded the Tenth Circuit’s ruling below, rejecting the court of appeal’s application of a “merely more than de minimis“ standard for determining

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Tueth Keeney and ELA Partner as Amicus in Challenging President Trump’s Travel Ban

Tueth Keeney attorneys Melanie Gurley Keeney and Mollie E. Hennessee, joined by attorneys from other member firms of the Employment Law Alliance (“ELA”), recently participated in preparing and filing amicus briefs in federal cases pending before the 9th Circuit Court of Appeals and the U.S. District Court of Hawaii, challenging the Executive Orders issued by President Trump on January 27, 2017 and March 6, 2017. Tueth Keeney and other ELA-member law firms weighed in on the negative effect that these

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D. Shane Jones Presents at ISDLAF+ Symposium on Collective Bargaining

D. Shane Jones gave a  presentation on collective bargaining on March 9th, 2017 at the ISDLAF+ symposium in O’Fallon, IL. The symposium was a roundtable discussion which included the following discussion items: “¢Benefits ““ health plans, cost control, insurance committees “¢Retirement issues ““ 6% cap controls, post-retirement payments “¢Special education ““ response to intervention, case loads, class sizes, time “¢Regular education ““ time and testing “¢Evaluation “¢General economic issues ““ reopening contracts, wage concessions, Reduction in

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Travel Ban 2.0

On Monday, March 6, 2017, President Trump signed an Executive Order replacing the previously”‘issued Executive Order that banned the entry of citizens and nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, suspended the U.S. Refugee Admissions Program indefinitely for Syrians and for a period of 120 days for everyone else, and directed various other changes or reviews of the nation’s immigration system. The new Executive Order contains similar provisions, but includes some clarifications and exclusions not contained in

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Supreme Court Sends Transgender Student Case Back To Circuit Court Following Withdrawal of DOJ and ED Guidance

The United States Supreme Court will no longer hear argument on the case regarding transgender students, which was previously set to be heard on March 28, 2017. On March 6, 2017, the Supreme Court issued an Order vacating the Fourth Circuit’s prior decision in G.G. v. Gloucester County School Board and remanding the case back to the Circuit Court for further consideration. The Order follows the February 22, 2017, joint letter from the Department of Justice and the Department of

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Missouri Supreme Court Ruling Upholds St. Louis City Minimum Wage Ordinance, but Missouri Legislature Likely to Pre-empt Ruling

February 28 Ruling is Conclusion of ~18 Months of Litigation Over St. Louis Minimum Wage

On February 28, 2017, the Missouri Supreme Court issued a ruling rejecting a challenge to the City of St. Louis’s 2015 enactment of a local minimum wage law, in the process affirming the City’s efforts to raise its minimum wage from the state minimum wage of $7.65 in 2015 to $11 per hour by 2018 through a series of annual incremental increases.

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James R. Layton Joins Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C., as Of Counsel

Tueth Keeney is pleased to announce that James R. (“Jim”) Layton, former Solicitor General of Missouri, has joined the Firm as Of Counsel.   While in the Missouri Attorney General’s Office, Jim argued three cases in the United States Supreme Court, 92 in the Missouri Supreme Court, and 100 in other state and federal appellate courts on behalf of the State. He worked extensively on matters involving constitutional, administrative and election law; state education law; and state taxation. Jim was

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Tueth Keeney Attorneys Chosen as Best Lawyers

Tueth Keeney Attorneys, Melanie Gurley Keeney, Ian P. Cooper, Margaret Hesse and Amy Clendennen have been selected for inclusion in the 2017 edition of The Best Lawyers in America © as top law professionals, chosen by their peers.   St. Louis Magazine provided the area’s attorneys from this listing on their website. Melanie has been recognized by Best Lawyers in the practice areas of Education Law, Employment Law – Management, and Immigration Law.   Melanie has also

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DOJ and ED Withdraw Guidance Regarding Transgender Students: Now What?

On February 22, 2017, the Department of Justice and Department of Education issued a joint letter withdrawing the Dear Colleague Letter issued by the Departments on May 13, 2016, regarding transgender students. That guidance took the position that Title IX of the Education Amendments of 1972 required schools to grant access to sex-segregated facilities, such as restrooms and locker rooms, based on gender identity. The Departments have now withdrawn that guidance, stating that guidance did not contain

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Supreme Court Addresses Exhaustion Requirement Under Idea

On February 22, 2017, the United States Supreme Court issued an opinion in Fry v. Napoleon Community Schools, et al., holding that the requirement to exhaust administrative remedies under the Individuals with Disabilities Education Act (the “IDEA”) only applies when the essence of a plaintiff’s complaint seeks relief for a denial of a free appropriate public education, or FAPE. In Fry, school officials denied a child with cerebral palsy from bringing her service dog, Wonder, to kindergarten with her, reasoning

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