Bentonville superintendent: School district policy requires no change

BENTONVILLE -- The School District does not allow discrimination of any kind based on sexual orientation and no changes to the district's Equal Employment Opportunity policy are necessary, the superintendent told the School Board on Monday.

Michael Poore's official recommendation came after four months of debate among board members and community members about a proposal to add sexual orientation and gender identity to the list of protected classes under the district's policy.

What’s next

The Bentonville School Board’s next meeting is scheduled for 5:30 p.m. Monday. It likely will be held at Barker Middle School to accommodate a larger-than-usual crowd, according to Superintendent Michael Poore. The board will hear public comments on the Equal Employment Opportunity policy issue before it takes any kind of vote.

Source: Staff report

"With respect to discrimination of our staff or students based on sexual orientation, we feel no new policies are needed, and appropriate protections are already in place," Poore told the board, reading from a prepared statement.

The district's policy states the board will not discriminate against any employee or applicant for employment because of race, religion, color, sex, gender, national origin, age or disability.

The district already has a policy against discrimination based on sex, and the Equal Employment Opportunity Commission interprets sexual-orientation discrimination as a form of sex discrimination, Poore said. He added the district has a "robust" bullying policy that "protects the dignity of all students of all classes."

"As long as I have been a part of this district it has been fully inclusive and inviting," Poore said. "The importance of expanding diversity was impressed upon me as early as my first interview for this position, and it is a goal that I have felt staff respond to with vigor and commitment. We will continue to find ways to get better at supporting diversity and to be even more inclusive. We will continue to hire and employ staff irrespective of any class status or affiliation."

Poore said he did not plan on seeking to put the issue on the agenda for the board's next meeting because he was not requesting any changes to the policy.

Board president Travis Riggs said he felt because of the enormity of the issue, "I think both sides of this equation would like to hear this discussion and see some kind of formal vote."

But board members agreed to hold off on that vote at least until next week's meeting. Grant Lightle, who originally proposed the policy additions, was not able to make it to Monday's meeting.

Soon after Lightle made his proposal, Poore suggested the board delay any decision on it until after the U.S. Supreme Court announced its decision on the legality of same-sex marriage. The court in June ruled 5-4 in favor of same-sex marriage.

Marshall Ney, who serves as the district's attorney, gave his opinion on the matter last month. He said the district has no obligation to change any of its policies or implement a new policy as a result of the court's ruling.

Poore also said Monday the district is taking steps to ensure spousal benefits of all types are available to spouses of all legally married couples.

"The message from the Supreme Court on this point is clear, and we are ensuring that the district is in compliance in providing these benefits," Poore said. "We also will review existing benefits-based policies to ensure that they are appropriately gender-neutral."

Amy Gillespie is co-organizer of a group called Bentonville Public Schools Citizens for Equality, which has argued in favor of changing the district's policy. Asked for her response to Poore's recommendation, she said she's glad the board agreed to wait until next week to act on it. She added she believes the current policy needs to be clear enough so anyone who reads it knows exactly whom it protects.

"And the current policy doesn't do that," Gillespie said. "I am asking them to clarify the policy."

NW News on 08/11/2015

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