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Saturday, January 31, 2026 at 7:39 AM

Complaint Filed Alleging Education Discrimination; Investigation Could Take Months

A formal education discrimination complaint against Marshall Elementary (ME) School in Eureka was filed last Monday, Jan. 13, with the United States Department of Education and the United States Department of Justice, which brought national attention to the matter.

The complaint alleged unconstitutional viewpoint discrimination, violation of students’ First Amendment rights and interference with parental rights.

Within the complaint, it noted an event that occurred in late October 2025, in which sixth-grade students were asked to identify their role models. After a student had identified Charlie Kirk and President Donald J. Trump, the guidance counselor, Kacey Countryman, reiterated that political or religious figures wouldn’t be written on the board, according to the complaint. It was also noted in the complaint that religious and political figures were prohibited from publicly being written on the board. The complaint further notes a conversation that took place in November 2025, where Countryman and ME Principal Stacy Coulter met with unnamed parents regarding the matter. The complaint states that the administration shared they were being “inclusive” and “neutral” by prohibiting political and religious figures, further elaborating that allowing such discussions would create an “unsafe” environment.

The complaint also alleges that Principal Coulter directed the students to bring concerns to the administration, not to their parents, as they should also be considered their family.

Within the complaint, it was shared that the client presented these concerns at a school board meeting on Dec. 8, 2025, during a five-minute executive session, but no public response was provided or corrective action announced. A recap of that meeting was included in the Dec. 17, 2025 edition of The Eureka Herald. The only executive session pertaining to student matters was held with the board, Superintendent Scott Hoyt and Matt and Brianne Vinson. The Eureka Herald attempted to reach out to B. Vinson after the complaint was filed; however, calls were not returned. District Response

In response to the complaint, the school shared the following statement: “We are aware of this incident and are always working with families and our school staff to make sure every learning activity is a positive and encouraging experience for every student.

We are unable to comment on the individuals involved because of our commitment to the privacy of our students and employees. This information is also protected by confidentiality laws. Thank you for your understanding.”

The district also confirmed that it reached out to the Kansas Association of School Boards (KASB) and its legal counsel in December. According to the district, officials followed the steps recommended by KASB. However, due to various district policies and laws designed to protect both students and employees, additional details surrounding those actions cannot be released publicly.

ACJL Response

The Eureka Herald also reached out to Nathan Moelker, senior associate counsel with American Center for Law & Justice (ACLJ), who filed the complaint. Moelker, who is admitted to practice law in Virginia, stated the primary goal of his client is accountability and shedding light on the situation. He further elaborated that the goal is to ensure another class doesn’t go through the same situation.

Moelker emphasized that, at this time, no lawsuit has been filed. He added that the hope is for the government to take the complaint seriously and prioritize the matter through a thorough investigation.

Founded in 1990 with the mandate to protect religious and constitutional freedoms, the ACLJ engages legal, legislative, and cultural issues by implementing an effective strategy of advocacy, education, and litigation that includes representing clients before the Supreme Court of the United States and international tribunals around the globe. What Comes Next

Through conversations with multiple Kansas Superintendents and Moelker, it is estimated that the investigation process could take several months. Many believe that the formal investigation may not be fully underway until the start of the 2026–27 school year.

As the process moves forward, the complaint and any findings will likely remain under review by appropriate authorities, with limited public disclosure due to privacy and confidentiality laws.

Readers can view the full complaint by visiting: http://media.aclj.org/pdf/ Education-Discrimination- Complaint_Redacted. pdf?fbclid=IwY2xjaw-PXpFpleHRuA2Fl bQIxMABicmlkETFET-GJ4bHFONlNIUkN-paUFtc3J0YwZhcHB-faWQQMjIyMDM5MT-c4ODIwMDg5MgABHi-wiJUBuE4T04vz9sLVn-m7oh41nA367EHY-JIJf2cb6AK xbZxzAfxcHY- E1_N_aem_E767SbIXfBv4sOHsA0oKkQ

Editor’s note: With the school district being unable to share details of the complaint, we also plan to reach out to the ACJL routinely for updates.


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