Rogers Board: Disabilities Law Not Issue In Grievance

Plumber Finds No Satisfaction in Board Decision

ROGERS — The Rogers School District won’t put more effort into following a federal disabilities law, the Rogers School Board decided Thursday night, despite repeated protests from the district master plumber.

PULL QUOTE

"I don’t want to get lost in the ADA because that’s not really what’s at issue,”

Jerry Carmichael, Rogers School Board board president

Mike Price, plumber, said at least a dozen Rogers schools don’t provide equal access to students or staff members with disabilities, as is required by the federal Americans with Disabilities Act. He wanted priority to be given to getting schools in compliance with the Americans with Disabilities Act, as well as a revised salary and job description and a new supervisor.

Administrators discussed the issues with Price before Thursday but made no changes. Dissatisfied with this response, Price appealed to the board.

During Thursday’s meeting, Jerry Carmichael, board president, said policy regarding the law isn’t the problem. Instead, he told the board, it’s a personality conflict between an employee and supervisor.

“I don’t want to get lost in the ADA because that’s not really what’s at issue,” Carmichael said.

Janie Darr, superintendent, said after the meeting administrators will follow the board’s directives. Neither Price nor administrators testified during the meeting.

Letters from earlier grievance meetings detailed the response Price got from Roger Hill, assistant superintendent for human resources, and Jim White, chief operations officer.

Hill told Price in a Dec. 23 letter he would still consider changing Price’s supervisor, but deferred to White. In a Nov. 18 letter, White said no one had asked Price to ignore codes – with the disabilities act or otherwise – and work orders would continue to be prioritized by safety, urgency, all codes and cost. White agreed the district needed to clarify Price’s role as master plumber, as did the board Thursday.

Board members were hesitant to change the organizational structure chart and said they wouldn't consider an increase in pay for Price.

“We’re being asked by one person to change the organizational structure that affects many people,” said Lisa Anderson.

Board members didn’t hear from other tradesmen or the person who would be Price’s new supervisor, Anderson said, so she couldn’t vote for those changes.

It would be unrealistic to give administrators or teachers a raise as the district grows and they take on more responsibilities, said board member Kristen Cobbs. A transition plan to convert all buildings to comply with the Americans with Disabilities Act would also be unrealistic, Cobbs said, though board members said more accessibility would be good.

“I do think the district is not calloused in any of this,” said member Sterling Wilson, pointing to stages lowered or ramps installed to accommodate children in wheelchairs. He believes if children had difficulty accessing any part of a building, the district would accommodate them, he added.

“We’re not necessarily in compliance with the ADA, but we’re in compliance with whatever the city says,” Wilson said.

Curtis Clements said the district may have someone who oversees ADA and he would like to hear who that is and what steps have been taken.

Price said he was dissatisfied with the outcome. The district is required to have a licensed master plumber, he said, and they can’t continue to have work done by his apprentice on his license.

Problems still exist with about a dozen schools, as shown in photographs not presented at the board session Jan. 21, Price said.

Marlo James, Arkansas Education Association UniServe director for Zone 1, represented Price through the grievance process.

Final say over Americans with Disabilities Act accommodations doesn’t rest with Rogers, James said after the meeting. She said she intends to notify the Department of Justice and Americans with Disabilities Administration of violations Price has seen.

“The purpose of the grievance is to settle an issue at the lowest possible level. That’s what we attempted to do,” James said.

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