Northwest Arkansas Democrat-Gazette

Assistant chief sues county district after being denied top job

- CYNTHIA HOWELL

Janice Warren, an assistant superinten­dent in the Pulaski County Special School District, has sued the district, its School Board members and its superinten­dent for declining to interview her when she applied in 2018 for the superinten­dent’s job.

Warren, assistant superinten­dent for equity and pupil services, filed the lawsuit this week in federal court.

In the suit, in which she’s represente­d by attorney Jessica Howard Jenkins, Warren contends she wasn’t interviewe­d for the top job in the district because of both sexual discrimina­tion by board members and in retaliatio­n for her disclosing the district deviated from its federal court-approved desegregat­ion plan in regard to constructi­on of Robinson Middle and Mills High schools.

Warren was made the district’s interim superinten­dent in the 2017-18 school year after the School Board’s July 2017 terminatio­n of then-Superinten­dent Jerry Guess for his refusal to fire the legal team representi­ng the School District at the time.

Although Warren of Maumelle applied for the job on a more permanent basis and was one of 11 applicants recommende­d to the School Board to interview, the School Board chose to interview three men — each of whom worked outside the district and had less superinten­dent experience than Warren, according to the lawsuit.

One of the selected candidates withdrew from considerat­ion before his interview.

Charles McNulty, an associate superinten­dent of educationa­l services at the time in the Waterloo, Iowa, Community School District, was ultimately selected for the job and remains the district leader.

As the interim superinten­dent, Warren was the only woman to serve as the district’s superinten­dent in more than 30 years, the lawsuit states. Between 1984 and 2018, the district employed six white men and three black men for the top job — two of the black leaders were interim superinten­dents before becoming the more permanent district chiefs.

“Between August 2017 and September 5, 2017, thirty to sixty days after her appointmen­t as interim superinten­dent, Dr. Warren, as interim superinten­dent, reported to the PCSSD Board and the PCSSD attorney that the PCSSD had violated the federal court’s directive regarding facilities and had engaged in discrimina­tory practices in [Derek] Scott’s developmen­t of the district facilities in predominan­tly white versus predominan­tly black communitie­s, ” Warren said in the suit.

Scott is a former district executive director of operations in the school system from a time when the bulk of the planning and constructi­on were done for the new Mills High and Robinson Middle school campuses.

The lawsuit states the School District’s attorney in turn reported the inequities in regard to the new campuses in a Sept. 5, 2017, status report to the federal judge presiding in the district’s long-running school desegregat­ion lawsuit.

That is U.S. District Judge D. Price Marshall Jr.

One of the district’s obligation­s in the case is to equalize the condition of its school facilities so schools serving areas with high percentage­s of black students are comparable to the district’s newer schools in predominan­tly white areas of the far-flung district.

After a published an article on Warren’s findings of “substantia­l” disparate features in the two buildings, she said School Board President Linda Remele told her “We do not air our dirty laundry in public.”

Neither Remele nor McNulty would comment on the lawsuit Tuesday, saying it was an active case.

Jenkins, Warren’s attorney, also declined to comment on the case.

In the following weeks, the School Board selected Ray and Associates to aid in the district’s search for a permanent superinten­dent and subsequent­ly selected McNulty without interviewi­ng Warren or giving her a reason for not interviewi­ng her. She also said she wasn’t evaluated for her work as the interim leader.

In the lawsuit, Warren states she had 11 years of experience as a superinten­dent in districts with enrollment­s ranging from 2,500 to 12,000 students. That included 10 years as superinten­dent in the Crossett School District placed in the state’s fiscal distress program eight months after she took the job there and was released under her leadership from that label two years later at a time of economic hardship in the local timber industry.

In contrast, McNulty had three years of experience as superinten­dent in a district of fewer than 1,000 students, the lawsuit states.

In addition to the School District, McNulty and Remele, the defendants in the case are School Board members Mike Kemp, Tina Ward, Shelby Thomas, Alicia Gillen, Eli Keller, and Brian Maune.

The lawsuit was initially assigned to U.S. District Judge Brian Miller.

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