As Springfield Public Schools modifies back-to-school plans, Kristi Fulnecky calls it a victory for her case

Published: Aug. 20, 2020 at 8:31 PM CDT

SPRINGFIELD, Mo. (KY3) - Just days before the the new school year was about to start, leaders with the Springfield Public Schools district decided to allow some students to do in-person learning four days a week.

Kristi Fulnecky is calling that decision a victory in her lawsuit against the district.

“It’s a win for us I think because, maybe by putting the pressure on with the lawsuit, they’re realizing the kids with disabilities need to be in the classroom more than two days a week,” Fulnecky says.

This week the district said all pre-schoolers, and some special education students can attend class four days a week. Fulnecky says all children should have that option.

“We’re arguing that it’s a violation of equal protection because the kids are all equal, especially across the ones with disabilities and they’re all being treated unequally,” Fulnecky says.

The district has now asked for the case to be moved to federal court but wasn’t able to provide a comment to KY3.

Fulnecky also filed a lawsuit against the city of Springfield, its mayor and its city council members regarding the mask ordinance last month.

“You need to let your citizens choose whether they want to wear a mask or not,” she says.

The city has filed a motion to dismiss the case and five judges have already recused themselves. If all other judges follow that trend, the Supreme Court decides what county hears the case.

“Maybe they’ll speed up the recusal, but sometimes it’s been taking judges five days to recuse and then and then another two or three days to re-assign,” Fulnecky says.

In Branson, the city has also filed a motion to dismiss Fulnecky’s lawsuit against it’s face mask mandate after a Taney County judge denied her request to put the law on hold last week. The hearing for that motion to dismiss is scheduled for Tuesday, August 25.

“It’s our liberty and freedom and we should be able to have a choice as parents and citizens what we wanna do,” Fulnecky says.

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