Rogers agrees to address access issues

District to assess facilities for compliance with ADA

ROGERS — The School District has agreed with the U.S. Department of Education’s Office for Civil Rights to assess nearly all of its facilities for compliance with the Americans with Disabilities Act.

The district must submit a report to the office by Aug. 31 of its findings and determinations from the self-assessment, according to a nine-page resolution agreement signed April 30 by Superintendent Marlin Berry.

Once the office approves the district’s report, the district will have 18 months to correct any items deemed out of compliance. The office may follow up to ensure buildings are in full compliance with the act.

It’s too early to tell what the financial impact of the corrections will be to the district, said Charles Lee, assistant superintendent for general administration.

“As far as a cost projection, I have no idea,” Lee said. “We’re still in that assessment phase.”

Asked if he thought the costs would be in the millions of dollars, he said, “Oh no. I don’t think it will be that extensive.”

The agreement is perhaps the most significant development to come from an investigation stemming from a complaint by district plumber Mike Price more than four years ago.

Price complained in 2013 at least a dozen district buildings didn’t provide equal access for people with disabilities, as is required by the Americans with Disabilities Act.

He was one of two plumbers put on administrative leave last month for the remainder of their contracts, which expire June 30. District administrators decided to eliminate the two plumber positions and rely on contractors for all plumbing services. The School Board unanimously approved the move.

Price is appealing the non-renewal of his contract. He has said he thinks the district has been looking for a way to get rid of him since he made his complaint.

Lee refuted Price’s claim, saying the district’s move was entirely about improving efficiency and saving money.

A special board meeting has been scheduled for May 29. Price said he is appealing his termination at that meeting and he will be represented by the Arkansas Education Association.

The district’s agreement with the office outlines numerous items in 24 buildings that should be reviewed.

Most of the items have to do with accessibility to restrooms, sinks, drinking fountains and doorknobs.

Darr Elementary and Kirksey Middle schools and the Crossroads building are the only three schools not identified in the agreement as needing to be assessed.

The office has been in communication with the district about the ADA compliance issues on and off since 2015. A letter dated Nov. 25, 2015, from the office to then-superintendent Janie Darr informed her of a complaint

the district discriminates against students with disabilities because some facilities are inaccessible to people with mobility impairments.

The office sent representatives to Rogers in February 2017 to tour the district’s facilities.

In October, the district and the office discussed a “302 voluntary agreement,” in which the district agrees to conduct an assessment, then provide results of the assessment to the office for review and approval, according to emails exchanged between district officials and Craig Nydick, a civil rights lawyer with the U.S. Department of

Education. Nydick sent the district a proposed resolution agreement on April 2, which Berry signed April 30.

Kristen Cobbs, board president, said she’s been aware of the district’s communication with the office. Because it now relates to a personnel matter, however, administrators can’t tell board members anything until after the May 29 hearing for Price, she said.

Price said he’s happy it appears all the compliance issues he brought up will be addressed, “And the community is going to have its schools accessible like they’re supposed to be and should have been a long time ago.”

Price insisted, however, he preferred to keep the issues internal when he initially raised his concerns. He said he was willing to work with the district on arranging a long-term plan to fix compliance issues.

“Now that they have to do it all at once, that’s not the most cost-effective way to do any kind of construction,” he said.

Price, 57, had worked for the district as a master plumber since December 1997 before receiving notice last month he was losing his job. His salary this school year is $52,279.