Services to Public School Districts in Missouri
Thomeczek & Brink is a highly respected law firm providing quality legal services to public school
districts and charter schools throughout Missouri. Although Thomeczek & Brink is most well-known
for its representation of school districts in special education cases, the Firm has experience that runs
the gamut of issues facing public school districts in Missouri.
Special Education
Thomeczek & Brink is the leader in providing legal services with respect to Special Education Law to
school districts in Missouri. Of the 115,000 students with disabilities in Missouri being
provided with special education and related services under the Individuals with Disabilities Education
Act, clients of Thomeczek & Brink educate nearly over 42,000.
Frequently described as a model of “cooperative federalism,” Special Education Law under the
Individuals with Disabilities Education Act is unique. The United States Court of Appeals has referred
to the statutory standard by which courts review special education cases as “rather unusual.”
Attorneys at Thomeczek & Brink have nearly ninety years of experience in representing school
districts and other public education agencies in special education due process hearings and in state
and federal courts. They have testified before the Missouri House of Representatives Committee on
Education and have participated in ad hoc focus committees formed at the request of the
Commissioner of Education. The Firm’s extensive experience and knowledge in the area of Special
Education Law allows Thomeczek & Brink to provide representation of the highest quality in the area
of Special Education Law in a very cost-effective manner.
Thomeczek & Brink is the law firm of choice of school districts across Missouri. The Firm represents
the largest single LEA, a district with approximately 23,000 children with IEPs, and some of
the smallest K-8 school districts in the State. Because of Thomeczek & Brink’s focus on Special
Education Law, it maintains an equally vast and focused library. With these resources available to it,
Thomeczek & Brink works with school districts’ local counsel to provide assistance in this complex
area of the law, engendering a professional and cooperative relationship.
Section 504 of the Rehabilitation Act of 1973
Section 504 prohibits discrimination based on disability in programs or activities receiving federal financial
assistance. Section 504 regulation is enforced by the United States Department of Education’s
Office for Civil Rights.
Thomeczek & Brink represents Missouri public school districts when they are faced with a charge of
discrimination filed with the OCR. The Firm has assisted school districts during extensive on-site
investigations and in effectuating a favorable result through OCR’s early resolution process.
Other Student-Related Issues
In addition to areas of the law involving students with disabilities, Thomeczek & Brink has also
provided representation and legal counsel to school districts in a number of student-related areas,
three of which are discussed here:
First, Thomeczek & Brink works with school districts when districts are imposing disciplinary
consequences on students. State and federal law require school districts to afford students with
varying degrees of due process, depending upon the anticipated disciplinary consequence.
Thomeczek & Brink advises school districts with respect to the appropriate level of due process
required under Goss v. Lopez and Missouri law. The Firm also offers representation to the district in
student discipline hearings before the board of education.
Second, Thomeczek & Brink provides legal counsel to school districts on student privacy issues. The
Family Education Rights and Privacy Act (FERPA) provides students with extensive safeguards
intended to guarantee their privacy. New FERPA regulations became final on December 9, 2008.
School districts need to know what steps they must take to protect the privacy rights of their
students.
Third, the myriad of rights and protections afforded to students under the First Amendment to the
United States Constitution has been a source of major litigation. The attorneys at Thomeczek &
Brink keep abreast of the latest judicial developments in the area of First Amendment law.
General Law Practice
While the lion’s share of the Thomeczek & Brink’s practice is in the field of education law, the Firm
also has a traditional general law practice. The Firm provides legal counsel and representation to a
number of small corporations, represents individuals in divorces, draws up wills, trusts and other
instruments for estate planning, and litigates on behalf of injured individuals before the workers’
compensation commission.