Judge denies request for TRO over Springfield Public Schools reopening plan

SPRINGFIELD, Mo. (KY3) - A federal judge has denied a request for a temporary restraining order on reopening plans for the Springfield Public Schools district.

A lawsuit from Attorney Kristi Fulnecky targeted Springfield Public Schools for not holding in-person classes five days a week. SPS initially planned for kids to only attend classes two days a week with three days as virtual learning, but a modified plan will allow some students to do in-person learning four days a week.

The federal court ruled against a TRO, but the ruling does not end the processing of this case.

Springfield Public Schools issued this statement, in part, on the decision:

“The district’s plan is primarily designed to help protect health and safety during the ongoing COVID-19 health crisis and to provide education options for students and their parents. From its inception in late July, the plan has recognized that some of the district’s students have special needs and that those needs must be addressed, according to law, after considering each student’s unique circumstances.

During the development of the School Re-Entry Plan, the district received significant feedback from parents, staff, administrators, the Springfield-Greene County Health Department and others. The extraordinary circumstances posed by COVID-19 require the district to continue to adapt service delivery to limit the risk of potential exposure. Today’s decision affirms these necessary actions. From the beginning, SPS has been clear that its plans are flexible and will be refined as the public health emergency continues to evolve. In every decision, SPS is driven by its unyielding commitment to serving the best interests of its 25,000 students and 3,500 staff members.”

Krisiti Fulnecky released the following statement on the decision:

“The SPS Re-Entry Plan has had a devastating effect on our local families, businesses, and economy. Kids are being treated unequally and the Plan is arbitrary. More than 90% of the staff and parents surveyed by SPS stated they wanted to go back to school. In Greene County, there have been only 10 Covid deaths out of a population of 293,086, and although tragic, this does not justify reducing school days in such a drastic manner. Additionally, the daily death rate in Missouri has been dropping.

The SPS School Board has ultimate responsibility for operations of the SPS School District and they did not vote on this Plan. The School Board members are the duly elected representatives of the citizens, parents, and kids, and there was not any public testimony taken for this hybrid Plan.

While we are disappointed that the temporary restraining order was denied, this is the first step in the case and we remain hopeful the court will rule in our favor after this case is litigated.

In the meantime, we are very excited that SPS has recently added a 4 day option for select students and we will continue to fight for a 5 day, in-class option for all of our kids - who have a right to be in school.”

Last week, a Taney County judge denied a request for a temporary restraining order on Branson’s face covering ordinance after Fulnecky had announced a lawsuit against the city of Branson.

Another lawsuit Fulnecky filed against the city of Springfield isn’t moving as quickly. So far, four judges have recused themselves from the case against the city of Springfield and its council members based on the identities of those involved. The city has asked for the case to be dismissed.

Copyright 2020 KY3. All rights reserved.