IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI TONY G.

ALEXANDER, individually and as Next Friend for B.A, ANDREW HESSE, individually and as Next Friend for C.H. and S.H., WAYNE MICHAEL KILLINGSWORTH, individually and as Next Friend for T.K., E.K. and G.K., SHAWN D. RYAN, individually and as Next Friend for S.R., and MARK E. WROBLEWSKI, individually and as Next Friend for M.T.W., M.R.W. and L.W., Plaintiffs, vs. LINDBERGH SCHOOLS, a public corporation in Missouri, Serve: Superintendent Lindbergh Schools 4900 S. Lindbergh Blvd. St. Louis, MO 63126
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KIRKWOOD SCHOOL DISTRICT, a public corporation in Missouri, Serve: Superintendent Kirkwood School District 11289 Manchester Rd. Kirkwood, MO 63122

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) ) WEBSTER GROVES SCHOOLDISTRICT, a ) publiccorporation in Missouri, )

) Serve: Superintendent Webster Groves School District 400 E. Lockwood Rd. Webster Groves, MO 63119 TRANSITIONAL SCHOOL DISTRICT OF THE CITY OF ST. LOUIS, a public corporation in Missouri, Serve: Chief Executive Officer Transitional School District of the City of St. Louis 801 N. 11th Street St. Louis, MO, 63101
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) ) ) and ) ) BOARD OF EDUCATION OF THE CITY OF ) ST. LOUIS, a public corporation in ) Missouri, )

) Serve: Superintendent Board of Education of the City City of St. Louis 801 N. 11th Street St. Louis, MO, 63101 Defendants.
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PETITION FOR PRELIMINARY AND PERMANENT INJUNCTION BASED UPON DEFENDANTS' VIOLATION OF MO. REV. STAT. § 167.131
Plaintiffs, for their Petition for a preliminary and permanent injunction based

upon Defendants' violation of Mo. Rev. Stat. § 167.131, state:

The Parties
1. Plaintiffs Tony G.Alexander, Andrew Hesse, Wayne Michael ("Parents") sue in their next friends of

Killingsworth, Shawn D. Ryan and Mark D. Wroblewski

individual capacity as well as in their capacities as the duly appointed their respective natural children. 2.

Plaintiff Tony G.Alexander is an individual residing in the City of st.

Louis, State of Missouri ("City") with his natural, school-aged child B.A. 3. Plaintiff Andrew Hesse is an individual residing in the City with his

natural, school-aged children C.H. and S.H. 4. Plaintiff Wayne Michael Killingsworth is an individual residing in the

City with his natural, school-aged children T.K., E.K. and G.K. S. Plaintiff Shawn D. Ryan is an individual residing in the City with his

natural, school-aged child S.R. 6. Plaintiff Mark D. Wroblewski is an individual residing in the City with

his natural, school-aged children M.T.W., M.R.W. and L.W. 7. The Parents' above-referenced children will hereinafter be referenced

collectively as "Pupils." 8. Defendant Lindbergh Schools ("Lindbergh Schools") is a public school to Missouri law. The geographical territory

district organized and existing pursuant

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that comprises Lindbergh Schools is situated wholly within St. Louis County, State of Missouri ("County"). 9. Defendant Kirkwood School District ("Kirkwood Schools") is a public

school district organized and existing pursuant to Missouri law. The geographical territory that comprises Kirkwood Schools is situated wholly within the County. 10. Defendant Webster Groves School District ("Webster Schools") is a

public school district organized and existing pursuant to Missouri law. The geographical territory that comprises Webster Schools is situated wholly within the County.
11.

Lindbergh Schools, Kirkwood Schools and Webster Schools will

hereinafter be referenced collectively as the "Receiving Schools." 12. The Board of Education of the City of St. Louis ("BOE")is a

Metropolitan School District within the meaning of Mo. Rev. Stat. § 162.571, et seq. The BOE'sgeographical territory is coextensive with that of the City. 13. Defendant Transitional School District of the City of St. Louis ("TSD")

exists pursuant to Mo. Rev. Stat. §§ 162.1100 and 162.621.2. TSD's Special Administrative Board has assumed the powers of the BOEpursuant to Mo. Rev. Stat.
§§ 162.1100.3,162.1100.4

and 162.621.2.
Jurisdiction and Venue

14. Missouri. 15.

Jurisdiction is proper as each of the defendants resides in the State of

Venue is proper pursuant to Mo. Rev. Stat. § 508.010.

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Violation of Mo. Rev. Stat. § 167.131 16. Mo. Rev. Stat. § 167.131.1 states as follows:

The board of education of each district in this state that does not maintain an accredited school pursuant to the authority of the state board of education to classify schools as established in section 161.092, RSMo,shall pay the tuition of and provide transportation consistent with the provisions of section 167.241, RSMo,for each pupil resident therein who attends an accredited school in another district of the same or an adjoining county. 17. 18. The Parents and Pupils are residents of the City. The Parents are employed as firefighters for the St. Louis Fire

Department, which provides fire protection services for the City. 19. 20. The City requires that its firefighters reside in the City. Neither TSDnor BOEmaintains, or has maintained at any time

relevant hereto, any accredited schools within the meaning of Mo. Rev. Stat.
§ 167.131.1 that Pupils may attend.

21.

The Receiving Schools do, and did at all times relevant hereto,

maintain accredited schools within the meaning of Mo. Rev. Stat. § 167.131. 22. 23. The County and the City adjoin one another. When Mo. Rev. Stat. § 167.131.1 applies, Mo. Rev. Stat. § 167.131.2

states that each pupil utilizing the statute "shall be free to attend the public school of his or her choice." 24. 25. The Receiving Schools are thus required to admit Pupils. The Receiving Schools must calculate the "rate of tuition" for each of

the Pupils pursuant to Mo. Rev. Stat. § 167.131.2 ("Statutory Tuition") and submit to the BOEand TSDbills for the Statutory Tuition of the Pupils.

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26.

Pursuant to Mo. Rev. Stat. § 167.131.1, the BOEmust pay the Statutory

Tuition bills submitted to the BOEby the Receiving Schools for the Pupils. In the alternative, TSDmust pay those bills. 27. Parents Alexander, Hesse and Killingsworth attempted to register

their children with Webster Schools pursuant to Mo. Rev. Stat. § 167.131. 28. Parent Ryan attempted to register his child with Kirkwood Schools

pursuant to Mo. Rev. Stat. § 167.131. 29. Parent Wroblewski attempted to register his children with Lindbergh

Schools pursuant to Mo. Rev. Stat. § 167.131. 30. The Parents' attempts to register their children with the Receiving

Schools were all denied by the Receiving Schools. 31. Because of the circumstances set forth herein, Parents send Pupils to

private schools. 32. The BOEand TSDhave stated that they will not pay the tuition of

students who utilize Mo. Rev. Stat. § 167.131 to attend an accredited school in an adjoining county. 33. The refusal of the BOEand TSDto pay the tuition of students who

utilize Mo. Rev. Stat. § 167.131 is a factor in the Receiving Schools' refusal to allow Pupils to attend the Receiving Schools. 34. Due to Defendants' refusal to abide by the requirements of Mo. Rev.

Stat. § 167.131, Pupils have been denied access to a public education at an accredited school.

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35.

In violating the rights of Plaintiffs, Defendants acted individually and

in concert with others. 36. Defendants' conduct has caused and, unless enjoined, will continue to

cause, serious injury to Plaintiffs. 37. Plaintiffs have no adequate remedy at law to protect them against the

continuing injury that will be caused by Defendants if Defendants are permitted to continue refusing to abide by the requirements of Mo. Rev. Stat. § 167.131. 38. Plaintiffs have been and will continue to be subject to immediate and

irreparable harm if Defendants are permitted to act in contravention of the requirements of Mo. Rev. Stat. § 167.131. WHEREFORE, laintiffs pray that the Court enter preliminary and permanent P injunctions requiring: (a) That the Receiving Schools allow Pupils to attend the Receiving Schools as previously attempted; (b) That the BOE and/or TSDpay the Pupils' Statutory Tuition bills to the Receiving schools; (c) That Defendants otherwise abide by the requirements of Mo. Rev. Stat. § 167.131; and (d) Such other and further relief as the Court deems just and proper, including costs.

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OTTSEN. MAUZE, LEGGATAND BELZ, L.C.

Timothy B lz #3180 J. Matthew elz #61 88 112 South Hanley, Second Floor st. Louis, Missouri 63105 Phone: (314) 726-2800 Facsimile: (314) 726-2821 tbelz@omlblaw.com Attorneys for Plaintiffs

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