You know, public schools have a long history of dealing with bullying (successfully, or not).
Eric Schmitt (r) [2021 file photo].
The Lee’s Summit, Missouri R-7 School District strikes back (in the Lee’s Summit Tribune):
Legal counsel for the Lee’s Summit School District responded today to a cease and desist letter from Missouri State Attorney General Eric Schmitt regarding mask wearing in schools dated December 9, 2021
[from the letter:]
It is unlawful for any child to attend any of the public schools of this state while afflicted with any contagious or infectious disease, or while liable to transmit such disease after having been exposed to it. For the purpose of determining the diseased condition, or the liability of transmitting the disease, the teacher or board of directors may require any child to be examined by a physician, and exclude the child from school so long as there is any liability of such disease being transmitted by the pupil.
This law speaks for itself. Not only may a school district exclude from school a child who has COVID; it may exclude from school a child who has been exposed to COVID and who is liable to transmit it pending a medical test or examination to confirm that the child is not afflicted with the disease.
In short, the duly elected Lee’s Summit R-7 Board of Education will not abandon its statutory duty to govern the operations of the school district. If you follow through on your threat to sue the District, we will defend that suit vigorously, and pursue all remedies available to the District resulting from any suit that violates Missouri Supreme Court Rule 55.03, which requires among other things that any claim “is not presented or maintained for any improper purpose” and that the claim “is warranted by existing law.”
The letter also includes a “litigation hold” notice for the Attorney General’s office:
You are placed on notice that you are to preserve the following records given your threat of litigation:
• All records relating to your office’s refusal to appeal the decision in Robinson v. DHSS
• All drafts of, and internal communications regarding, the letter you sent on December 7, 2021 to Missouri school districts and public health officials
• All drafts of, and internal communications regarding, any “cease and desist” letters you sent to any Missouri school district or public health officials such as the one you sent the District on December 9
• All records of communication with any other public official (elected or appointed) relating to whether your office would or should appeal the decision in Robinson v. DHSS
• All records reflecting any legal research undertaken by you or any employee in your office regarding whether you had the authority to issue your December 7 and December 9 letters as described above, and whether you have the authority to in fact take legal action against school districts who refused to comply with your December 7 and 9 letters
• All communications received in your office in response to your December 7 letter as described above, including all emails sent to or received by firstname.lastname@example.org.
• All internal communications reflecting or relating to concerns that you are threatening or pursuing litigation against school districts that may lack a legal basis
Pass the popcorn.
If Eric Schmitt (r) was capable of being embarrassed he would be. But, he’s Eric Schmitt (r), so, no.
Well, what have we here? (December 7, 2021)
A simple request (December 9, 2021)