Trial set for Missouri AG's Sunshine Law suit against Springfield Public Schools

After languishing for nearly two years, the lawsuit a former Missouri attorney general filed against Springfield Public Schools over a 2021 Sunshine Law request will move forward.

The two-day bench trial in front of Greene County Judge Derek Ankrom is tentatively set to begin Nov. 25, just prior to Thanksgiving.

Ankrom, assigned to the case seven months ago, scheduled the case management conference for early Wednesday as a check-in with both sides to see if the case was going to proceed.

"I know there was transition, things were moving," Ankrom said in court Tuesday.

"That's why I (scheduled) the case management conference because it just looked like maybe it had fallen off someone's radar but let's not let that happen again."

The lawsuit was originally filed in late 2021 by current U.S. Sen. Eric Schmitt — who was the state's attorney general at the time — and his successor, Andrew Bailey, appointed a new attorney to take over the case Monday.

"We acknowledge it has been a long time. There was a transition in our office," Assistant Attorney General Kathryn Monroe said in court.

"We are ready to move forward and proceed. We received some discovery previously. We anticipate reviewing that and potentially requesting additional discovery."

Ankrom said he'd typically schedule the check-in by phone but he was not sure who would be appearing on behalf of the attorney general's office.

"I was trying to figure out how best to get everyone in the same room," he said.

In a post-court statement Wednesday, AG spokeswoman Madeline Sieren said: "We're confident in the merits of the case and are moving forward undeterred with the litigation."

As attorney general, Schmitt filed at least eight records requests with SPS from October 2021 through August 2022. Most were related to diversity, equity and inclusion efforts or the district's response to the pandemic.

"Our protocol for responding to requests for records and information is rooted in compliance with law, a commitment to transparency, and a respect for taxpayer resources," said Stephen Hall, chief communications officer for SPS, in a statement Wednesday.

"We have collaborated frequently with the attorney general’s office on Sunshine Law requests – both before and after the circumstances that led to this litigation. SPS stands by our response to the request represented by this case. Moving forward in this matter, we believe that our actions will be affirmed by the court."

This lawsuit from Schmitt stemmed from a wide-ranging Sunshine Law request filed in September 2021 by then-state Rep. Craig Fishel, a Republican from Springfield.

In November 2022, when Schmitt was elected to the U.S. Senate, Fishel was narrowly defeated by Stephanie Hein, a Democrat.

Amid questions about mandatory diversity training in SPS, Fishel filed a request for the district to search three years worth of emails and other documents for any reference to the following words:

• Critical Race Theory or Critical Theory

• 1619 Project, a long-form journalism project to examine the impact of slavery and contributions of African-Americans

• Black Lives Matter

• Diversity, equity and inclusion

• Culturally responsive education

• Implicit bias

• Intersectionality

• Systemic racism

• Restorative justice

• Whiteness, white privilege and white fragility

• Oppression matrix, oppressor, oppressed

• Spirit murder

• Antiracism or racism

• Collective guilt

• Affinity spaces

• Disparate Impact Theory

• Colorism

• Microaggression

• Social justice

• Culturally responsive curriculum scorecard

• Teaching tolerance

• Learning for justice

At the time, the district requested a deposit of at least $170,000 to start searching multiple servers but cautioned the final cost, including copying and redaction, might be higher.

In a statement at the time, the district said it would work with Fishel to understand and fulfill the request but noted it was "extraordinarily broad in scope" and also had the potential to "divert hundreds, if not thousands, of hours of district staff time to search and review thousands of pages of documents."

Schmitt files lawsuit after Fishel's request

Not long after, Schmitt filed a separate records request asking for the same information, plus district responses to prior requests seeking diversity training materials.

In the lawsuit that followed, Schmitt alleged the district violated the Sunshine Law in responding to his office's request for "records relating to critical race theory and anti-racist teaching."

The suit alleged the district attempted to "avoid transparency on critical race theory in student curriculum and teacher training materials." He pointed to employee training sessions the district held in 2020.

In response to Schmitt's lawsuit, the district noted it had been in "ongoing communication" with the AG's office regarding the records request.

In a statement at the time, the district alleged the attorney general was using the "power of his office to attack public education. This is an attempt to intimidate SPS, and while it will not prevail, it will unfortunately require considerable taxpayer resources to defend."

The district also repeated that it was not teaching critical race theory in classrooms.

"Our work is focused on equity, not CRT. SPS is being intentional in the educational experiences we provide all of our students. Ensuring our district is equitable and inclusive is our ethical responsibility to make SPS safe for all students and staff," the district said. "Any deliberate attempt to misrepresent this important work, especially for political purposes, is shameful indeed."

August 2022 Missouri AG hits Springfield Public Schools with eighth records request in one year

In emails obtained in 2022 by the News-Leader, three school board members — Steve Makoski, Kelly Byrne and Maryam Mohammadkhani — questioned the district's response to Schmitt's requests, which they characterized as defiant, unhelpful and unpopular with some parents.

In an email to Lathan, Makoski asked if the district was going to "gain the confidence of Missouri's leading legal authority or continue to position ourselves in opposition."

"Our AG is an elected official representing the people of Missouri, including those that question practices of public education. While SPS' statement casts aspersions on the AG, I don't feel that is an approach we should be engaged with," Makoski wrote. "Our statement opines that SPS will always comply with the law, while the real question is why has this landed on our doorstep and how will SPS move to satisfy the subpoena?"

Makoski added: "I don't believe our AG is in the business of creating frivolous lawsuits or engages in hearsay."

At the time, district responded that it will comply with the law and noted Springfield was not alone in receiving the requests. "Unfortunately, school districts across our state are incurring ongoing, significant legal fees to defend against ongoing allegations. Missouri taxpayers are incurring the cost of the attorney general's actions. These attacks are divisive at a time when we need to unify on behalf of our children."

The district has posted copies of all Sunshine Law requests and responses since at least July 2021.

Trial tentatively set for November

At the brief hearing Wednesday, Ankrom asked how soon the case could be ready for trial, Monroe said if all evidence is in hand by late July, the AG could proceed by late fall.

Asked how long the trial will likely last, Monroe said: "I wouldn't anticipate long."

Attorney Todd Johnson, representing the school district, said a one-day trial might be too quick.

"There is enough to this. It could take two days, even though it's a bench trial," he said. "We will try to move it in one day but it may take more."

Asked for an update after the hearing, Monroe had no additional comment and Johnson said there is more work to be done.

"We had done what is called 'written discovery,' no depositions had been taken, so the case had progressed partially," Johnson said. "Now we will finish discovery, which is the exchange of information between each other, and prepare the case for trial."

Claudette Riley covers education for the News-Leader. Email tips and story ideas to [email protected].

This article originally appeared on Springfield News-Leader: AG's Sunshine Law lawsuit against Springfield schools will go to trial