School Districts Disregard Attorney General

On Tuesday, December 7, area school districts including the Kearney School District, advised parents that they would not comply with Missouri Attorney General Eric Schmitt’s advisement to stop enforcing any mask mandates and quarantine orders.

Following the Cole County Circuit Court’s decision in Robinson v. Missouri Dept. of Health and Senior Services, Missouri Attorney General Eric Schmitt sent a letter to local public health agencies and school districts informing them of the decision and requiring them to stop enforcing any mask mandates, quarantine orders, or any other public health orders that are null and void under the judgment.

In a letter to Kearney School District parents, Interim Superintendent Todd White explained why the school district has decided to disregard the Attorney General’s notification, and proceed with its current Covid-19 mitigation efforts.

“Our focus will continue to be protecting the health and wellness of our students, staff and visitors while ensuring that in-person teaching and learning continues uninterrupted. With those outcomes in mind, we are going to continue to utilize all of the mitigation steps detailed in the 2021-2022 return-to-school plan that was approved by our Board of Education. This includes universal indoor masking for all students, staff and visitors.” 

In a press release from the Attorney General’s office, Schimitt explains that because similar orders issued under previous statutes were declared unconstitutional by the Robinson judgment, current orders are null and void and should not be enforced or publicized by the issuing agencies.  

“The recent decision from the Cole County Circuit Court is consequential as it relates to public health orders. Today, I sent a letter to public health agencies and school districts across the state informing them of the decision and demanding they rescind and cease enforcement and publicizing of public health orders, mask mandates, quarantine orders, or other orders that were declared null and void by the recent decision,” said Attorney General Schmitt. “Public health authorities and school districts have gone unchecked, issuing illegal and unconstitutional orders in their quest to aggregate, maintain, and exert their new-found power. My Office will enforce the Court’s order across the state.”

While the Attorney General believes that if Missouri school districts do not comply with this judgement they are in violation of the law, Northland school districts have stated that their legal counsel advised that no action is required of them at this time.

The letter to public school districts can be found here: https://ago.mo.gov/docs/default-source/press-releases/2021-12-7-ltr-mpsde16b9660f337410bb0dd4768c520b2bd.pdf?sfvrsn=9ceb172e_2

The letter from the Kearney Missouri School District to parents can be found here: https://www.ksdr1.net/news/letter-regarding-covid-19-mitigation-steps-in-ksd/

KPGZ News - Brian Watts contributed to this story