Regarding a recent letter from Missouri State Attorney General Eric Schmitt regarding mask wearing in schools Katy Bergen, Executive Director of Public Relations replies:
“The district has received the letter from the Attorney General, and disagrees with its claims. The District will be responding through its legal counsel, and is prepared to defend in court its duty under Missouri law to protect the health and safety of its students and staff.”
December 9, 2021
Dr. David Buck, Superintendent
Lee’s Summit KAM School District
Lee’s Summit, MO 64086
RE: Cease and Desist – Records Demand – Litigation Hold
Dear Dr. David Buck:
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. For months, parents across the state have fought for the right to do what they believe is best for their own children. 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. Yet even now, with a court order reinforcing their right to determine what is best for their own children, they are once again running headlong into a wall of bureaucratic intransigence. They are tired of this stonewalling and as their elected Attorney General, so am I.
I hereby demand that you immediately cease and desist enforcement of any and all inundates, written or verbal, imposing student masking requirements, forced or coerced vaccinations, quarantines or other “health orders” that in any way inhibit or prohibit a student from exercising their right to a free and open education as guaranteed by the Missouri Constitution.
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
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.
In addition. I request copies of the following public records pursuant to Chapter 610 of the Missouri Revised Statutes:
- All emails sent or received by the superintendent (including his or her staff) or Board of Education members (including the board secretary) relating to the Attorney General’s letter dated December 07, 2021, regarding unconstitutional health mandates.
- All emails sent or received by the superintendent (including his or her staff) or Board of Education members (including the board secretary) relating to the Cole County Circuit Court’s ruling in Robinson v. Missouri Dept. of Health and Senior Services, 20AC-CC00515).
- All emails sent or received by the superintendent (including his or her assistant) or Board of Education Members (including the board secretary) relating to the district’s COVID mitigation protocols beginning on November 22, 2021, through the date of this letter.
These requests seek documents that are in the public interest because they are likely to contribute to a better understanding of the operations or activities of the school district. In addition, this is not a request for commercial purposes. Furthermore, I request each of these records in an electronic format. For these reasons, pursuant to § 610.026.1(1), RSMo, the Missouri Attorney General’s Office requests a waiver of any fees associated with processing this request for records. If that waiver is not granted, you must provide a written explanation detailing why the requested records are not in the public interest.
Finally, this letter also serves as notice that any and all records described above must be preserved for possible future litigation.
Very Truly Yours,
Eric S. Schmitt Attorney General