Missouri Attorney General Subpoenas School Districts Over Student Surveys
The subpoenas follow a request to investigate from a Georgia-based nonprofit on behalf of Webster Groves parents
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Attorney General Eric Schmitt announced Wednesday that he鈥檚 issued subpoenas to seven school districts across the state as part of his ongoing investigation into school districts鈥� curriculum and practices.
Schmitt, who is running in the GOP primary for U.S. Senate, that the subpoenas target student surveys that his office characterized as asking 鈥減ersonal and otherwise unnecessary questions鈥� on topics like political views, sexuality and race.
Schmitt鈥檚 investigation from the Southeastern Legal Foundation, a conservative national legal nonprofit that has recently turned its focus to Missouri schools.
According to a copy of the subpoena sent to the Jefferson City School District, the attorney general鈥檚 office believes an investigation is necessary to determine whether the district violated and federal laws regarding student data and privacy.
The subpoena gives the district 10 days to produce documents in response to 22 demands. The requests ask for documents on how the district obtains parental consent prior to students answering surveys related to political beliefs, mental health issues, religious practices, income and more. It also seeks contracts on third-party vendors the district employs, internal documents on how survey responses are analyzed and who gains access to personal student info.
Chris Nuelle, a spokesman for Schmitt, did not clarify whether the investigation was launched at the urging of the Southeastern Legal Foundation, and said, 鈥渋f more information is submitted to our office about additional schools employing these surveys, we will consider further subpoenas.鈥�
In a statement, Kimberly Hermann, Southeastern Legal Foundation鈥檚 general counsel, credited Schmitt鈥檚 actions as being 鈥渋n direct response to our request for investigation.鈥�
鈥淥n behalf of our brave parent clients, we look forward to seeing invasive student surveys come to an end,鈥� Hermann said.
The seven districts facing subpoenas include Mehlville, Webster Groves, Jefferson City, Lee鈥檚 Summit, Park Hill, Springfield and Neosho, according to the attorney general鈥檚 office.
The office also said a civil investigative demand was sent to Educational Equity Consultants, a St. Louis-based firm that has worked with school districts for over two decades to explore 鈥渉ow our own attitudes about race and racism might be limiting students鈥� capability to achieve,鈥� according to its website.
A spokeswoman for the Lee鈥檚 Summit School District said the district is reviewing the subpoena. It uses Panorama Education, an education technology company, to solicit students鈥� input 鈥渢o incorporate student voice in our approach to supporting student鈥檚 needs, particularly when it comes to feeling a sense of belonging and connection at school.鈥�
According , questions center on students鈥� experiences in school, such as, 鈥淲hen complicated ideas are discussed in class, how sure are you that you can understand them?鈥� and 鈥淗ow fairly do adults at your school treat people from different races, ethnicities, or cultures?鈥�
Panorama Education it does not 鈥渕arket, sell, or rent any student鈥檚 personal information鈥� and only uses the data for the purposes of serving schools. It also stresses it is not a tool for teaching critical race theory, an academic concept intended to acknowledge how racial disparities are embedded in U.S. history and society which .
Parents were notified of a survey sent to 3rd through 8th graders in the Jefferson City School District and given a chance to have their students opt out, said Ryan Burns, a district spokeswoman. Questions on the surveys, 鈥渄id not ask students about their parents鈥� political beliefs, income levels, or racial biases,鈥� Burns said.
Stephen Hall, a spokesman for Springfield Public Schools, said the district 鈥渨ill always comply with the law鈥� and said districts are incurring significant legal fees while 鈥淢issouri taxpayers are incurring the cost of the attorney general鈥檚 actions.鈥�
A spokeswoman for the Mehlville School District said the district could not share any details on the subpoena or the district鈥檚 response until advised by its attorneys. Other district representatives and Educational Equity Consultants could not immediately be reached for comment.
In , the Southeastern Legal Foundation 鈥� a Georgia-based nonprofit that says on its website it files lawsuits to advocate 鈥渇or limited government, individual liberties, and the free enterprise system鈥濃�� urged Schmitt to launch an investigation into the surveys on behalf of Webster Groves School District parents.
The 23-page letter detailed examples of various surveys and assignments students were asked to take for classes that touched on topics like their political ideologies, stress levels, mental health, gender identity, struggles as an LGBTQ student and experiences as students of color.
Based on screenshots included in the letter, it appears some of the surveys were created by students, whereas others the foundation said were administered by third party companies, like Panorama Education and Project Wayfinder.
The Southeastern Legal Foundation argued in its letter that the surveys violate student privacy laws, aren鈥檛 anonymous and that parents were not asked for their consent to have their children participate. It urged for Schmitt to launch an investigation and pledged to support the facilitation of one.
鈥淭he actions and statements of these companies give rise to the suspicions of parents that (social-emotional learning) is really just thinly disguised political indoctrination, and they cannot reliably be counted upon to protect student data,鈥� the letter signed by the foundation鈥檚 general counsel and director of litigation read.
A little over a week later on May 10, about opening investigations into districts employing the surveys, writing, 鈥淭he madness has to stop鈥�
The Southeastern Legal Foundation has launched a guidebook and represented two Springfield Public School employees arguing mandatory racial equity training violated the employees First Amendment rights.
In April, the foundation arguing it violated Missouri鈥檚 Sunshine Law.
Both cases are ongoing.
The foundation against St. Louis Circuit Attorney Kimberly Gardner considered an ally by former Gov. Eric Greitens.
Schmitt has made investigating school curriculum, mask policies and school boards a central tenent of his campaign for U.S. Senate. Wednesday鈥檚 subpoenas are the latest legal actions in his recently launched 鈥淪tudents First Initiative,鈥� which has solicited parents to submit information and concerns regarding their children鈥檚 curriculum.
Schmitt has also , seeking lists of textbook titles, communications with the Missouri School Boards Association and records related to diversity and equity trainings and contracts.
On a 鈥渢ransparency portal鈥� Schmitt鈥檚 of some of the materials, assignments and trainings the office has received so far, with many touching on topics like privilege and oppression.
Schmitt鈥檚 investigations into curriculum , in which over 40 parents that emailed a tip line set up by his office later became plaintiffs in his lawsuits against school mask policies.
This story has been updated since it was first published to include additional comments.
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