LEE’S SUMMIT, DECEMBER 10, 2021 – There is a grand legal confrontation brewing between Missouri’s Attorney General, Eric Schmitt, and Dr. David Buck, Superintendent Lee’s Summit R-VII School District.

Missouri’s Attorney General Eric Schmitt

In a letter, dated December 9, 2021, from Eric Schmitt to Dr. David Buck, (letter available here) the Attorney General starts by saying:

My office has received a complaint from a parent whose child is a student in your school district alleging that school officials are in active non-compliance with a judgment of a Missouri court regarding mandates determined to be unlawful and invalid under the Missouri Constitution and under state statute.

This sets the grounds for what’s to come.  Parent(s) at Lee’s Summit R-VII have a right to air their grievances to our elected officials. It is good to see that Eric Schmitt takes the complaints seriously.

The letter continues:

After carefully weighing the scientific evidence many have determined that the biggest risk to their child’s health and future is in fact the failure to be provided with a learning environment free of distractions and impediments created by forced masking, condescending vaccine moralizing and disruptive quarantines.

The job of a teacher is to teach how to learn, and this brings to the fore that there are distractions not conducive to learning how to learn and learning the basic skills necessary to achieve that goal.

Further down, the Attorney General, points to specific legal precedent that forms the basis for the letter.

I direct your attention to correspondence provided by my office on December 7, 2021 putting you on notice as to the court’s order in Robinson v. Missouri Dept. of Health and Senior Service, 20AC-CC00515, Judgment (Cole County Cir. Ct. Nov. 22, 2021).  A copy of this correspondence is also available on my website at: https://ago.mo.gov/docs/default-source/press-releases/2021-12-7-ltr-mpsde16b9660f337410bb0dd4768c520b2bd.pdf?sfvrsn=9ceb172e_2

The rest of the letter follows a very legal format, stating that:

Let me assure you that I take any refusal by school officials to abide by the court’s order and comply with state law very seriously.  I will engage the full resources of the Missouri Attorney General’s office to ensure that no student will have his or her rights violated by unlawful and unconstitutional mandates.  This letter also serves as notice that I am hereby opening an investigation into the actions of your school district as to the alleged failure to follow the law in this matter.

The Attorney General then outlines a series of documents that are to be handed over to his office for the “…public interest, because they are likely to contribute to a better understanding of the operations or activities of the school district.” Legal qualifications follow supporting the request.

Lee’s Summit R-VII Response

 

In a very interesting response, the Executive Director of Public Relations for Lee’s Summit R-VII, Katy Bergen, wrote the following to the school district:

Dear LSR7 School Community:

Today, Missouri Attorney General Eric Schmitt sent Missouri school districts and public health departments letters asserting that school officials and public health officials do not have the authority to implement quarantine protocols and mask requirements. Attorney General Schmitt’s letter is based on a recent decision by a Cole County circuit court judge declaring public health orders “null and void” if they have not been approved by an elected body.

At this time we are clarifying that Attorney General Schmitt’s letter does not impact LSR7’s current quarantine and mask protocols for the following reasons.

Our district indoor mask requirement for elementary school buildings through Dec. 21, 2021 was approved by a Board of Education vote on Nov. 18, 2021. Kansas City, Mo. also has a mask requirement approved by elected officials impacting Summit Pointe through Jan. 1, 2022.

Board policies approved by elected officials enforce the district’s responsibility to protect the health of students and employees from the risks of communicable diseases, including adherence to local health guidelines such as quarantines. As of today, those county protocols are still in place.

In short, there are no changes to our mask or quarantine protocols at this time. All students, staff and visitors to our elementary building sites must wear masks indoors through Dec. 21, 2021, and we will continue to implement quarantine protocols in alignment with the Jackson County Health Department. Federal law and regulations require mask-wearing on all district buses at all times.

As a reminder, our mitigation measures are subject to change, and we will always communicate changes to our processes with you proactively as necessary.

Thank you for your cooperation and support,

Katy Bergen

Executive Director of Public Relations

Let’s review a key comment by Katy Bergen, that in my opinion fails to grasp the difference between constitutionality and the simple passing of a rule (or law) that violates the constitution of the State of Missouri.

Attorney General Schmitt’s letter is based on a recent decision by a Cole County circuit court judge declaring public health orders “null and void” if they have not been approved by an elected body.

At this time we are clarifying that Attorney General Schmitt’s letter does not impact LSR7’s current quarantine and mask protocols for the following reasons.

Our district indoor mask requirement for elementary school buildings through Dec. 21, 2021 was approved by a Board of Education vote on Nov. 18, 2021. Kansas City, Mo. also has a mask requirement approved by elected officials impacting Summit Pointe through Jan. 1, 2022.

Note: Emphasis Added

Let’s go into the reference made by Attorney General Eric Schmitt above: Robinson v. Missouri Dept. of Health and Senior Service, 20AC-CC00515, Judgment (Cole County Cir. Ct. Nov. 22, 2021). 

In paragraph 2 the court clearly states that a:

 19 CSR 20-20.050(3) violates the Missouri Constitution and Missouri statutes and is therefore invalid.

In paragraph 6 the court further clarified:

Plaintiffs presented evidence that students are being excluded from schools by discretionary written or verbal order or direction of local health authorities. Consistent with Plaintiffs’ request for relief that this Court deems just and proper, and to eliminate the need for additional plaintiffs to request this Court strike invalid applications of DHSS regulations regarding communicable disease, this Court directs DHSS to instruct local health authorities to refrain from issuing verbal or written orders regarding circumstances under which children can be excluded from school. 19 CSR 20-20.030(1) specifically provides that ‘persons suffering from a reportable disease or who are liable to transmit a reportable disease listed in 19 CSR 20-20.020(1)-(3) shall be barred from attending school.’ ‘Liable’ means in a position to incur transmission (https ://www .merriam-we bster. com/ dictionary /liable). With out determining whether 19 CSR 20-20.030 is constitutional, it is clear that any quarantine and isolation rules, or rules that exclude students from school, created by a local health authority outside the language of 19 CSR 20-20.030, are prohibited.

Note: Emphasis Added

Final Thoughts on Lee’s Summit R-VII’s Opinion

 

As a non-legal expert, I must take the courts wording as it stands. It appears that it made it clear that:

  • It will not require other plaintiffs to go through the courts for every violation. It makes it clear that something which is unconstitutional, even if passed by a rulemaking body, is still unconstitutional and therefore not legal.
  • In the final sentence of paragraph 6, it further clarifies: “it is clear that any quarantine and isolation rules, or rules that exclude students from school, created by a local health authority outside the language of 19 CSR 20-20.030, are prohibited.”

It seems, to this casual observer, that Lee’s Summit R-VII school district will run afoul of the court, the law, and the constitution of the State of Missouri, and perhaps will cost the district a significant amount in legal fees to defend what may undefendable. Perhaps even more so, defend something that is affecting the ability to teach our children and grandchildren the skills necessary to continue their learning long after they leave school.

Respectfully Submitted
The Lee’s Summit Conservative.