United States Supreme Court Holds Discipline for Off-Campus Speech Violated First Amendment

by Kylie Piatt In an 8-1 decision issued on June 23, 2021, the United States Supreme Court upheld a student’s First Amendment right to free speech related to comments made via social media while off-campus. In Mahanoy Area School District v. B.L., B.L. was a rising sophomore high school student at Mahanoy Area High School, who tried out for but did not make the school’s varsity cheerleading squad.   Concurrently, B.L. had tried out for a certain position on her

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Tueth Keeney Elects Kylie S. Piatt to Shareholder

Tueth Keeney is proud to announce the addition of Kylie S. Piatt as a Shareholder as of January 1, 2021. Kylie joined Tueth Keeney in 2014. We are also pleased that Kylie’s promotion brings the partnership total at Tueth Keeney, a Women Owned Business Enterprise, to eleven ““ nine of whom are women. Kylie practices primarily in the areas of education, school litigation, and labor and employment law. She represents school districts, charter schools, and private schools with respect to

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EEOC Updates Its COVID-19 Guidance to Address Vaccines

by Kylie S. Piatt and Christine Self As the new COVID-19 vaccines have been granted Emergency Use Authorization (EUA) and are beginning to be administered across the country, employers are wondering whether they can require employees to get a COVID-19 vaccine in order to return to or remain at work.   On December 16, 2020, the EEOC updated its rolling COVID-19 guidance to include provisions related to vaccinations and employees.   The full guidance can be found in the EEOC

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Coronavirus Pandemic Planning in Missouri – Holding Legally Compliant Board Meetings

Frequently Asked Questions

Coronavirus Pandemic Planning: Holding Legally Compliant Board Meetings During this Time of Uncertainty

Below, we are listing answers or guidance we are providing in response to questions we have received relating to holding board meetings during this time of uncertainty. As time progresses, we will continue to provide updates or amended guidance, where necessary.

Can we hold a meeting without having anyone physically attend the meeting? Yes. However, the manner in

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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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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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