School Climate & Safety

ACLU Says Ky. District Not Providing Anti-Bias Training

By Karla Scoon Reid — July 26, 2005 3 min read
  • Save to favorites
  • Print

The American Civil Liberties Union has asked a federal judge to reopen its lawsuit against a Kentucky school district that was ordered to provide training emphasizing tolerance toward gay students.

The motion filed this month began the latest chapter in a battle that started three years ago, when a group of students formed a gay-straight student club and sought permission to meet at Boyd County High School in Cannonsburg.

Rather than allow the group to meet, the Boyd County school board banned all student clubs in 2002. A federal judge ordered the next year that the student-led Gay-Straight Alliance be allowed to meet at the high school.

A settlement reached between the ACLU and the board in 2004 mandated sensitivity training for school staff members and secondary school students. The 3,300-student district also was required to treat all student clubs equally.

This past February, the Alliance Defense Fund, a Scottsdale, Ariz.-based legal-advocacy organization, filed suit against the school board in federal court, arguing that Boyd County students’ free speech rights were being violated by a new board policy that bars students from saying that homosexuality is wrong.

That suit also argued that students should not have been punished for opting out of the training, as some were allowed to do.

On July 15, lawyers for the school board, the ACLU, and the Alliance Defense Fund attended a mediation session with U.S. District Court Judge David L. Bunning in Covington, Ky., in an attempt to resolve the issues in that lawsuit without the court’s intervention.

A lawyer for the Alliance Defense Fund said in an interview last week that “considerable” strides had been made in resolving the group’s concerns.

In addition, Sharon McGowan, a staff lawyer for the ACLU’s Lesbian and Gay Rights Project in New York City, said she was hopeful that differences over the staff and student training could be worked out. Another mediation session is scheduled for Aug. 29. Meanwhile, the Gay-Straight Alliance at Boyd County High is no longer active. Most of the students who formed the club have graduated, and the teacher who advised the group now works at a different school.

Opting Out

In an interview this month, Ms. McGowan said that the student training—an anti-bullying video that middle and high school students viewed last fall—spent less than 10 minutes addressing the harassment of lesbian, gay, bisexual, and transgender students.

The three-hour staff training session similarly spent little time on the harassment of gay students, according to Ms. McGowan.

In addition to questioning the substance of the training, the ACLU is challenging the school board’s decision to allow students who had parental permission to opt out of viewing the video. Those students were given unexcused absences for the class period that they missed.

According to the ACLU, more than 40 percent of the district’s 1,695 middle and high school students did not attend the training.

“They are conveying how little they value this training,” Ms. McGowan said of the school officials. “And the students are not even given a slap on the wrist—it’s a slap on the wrist with a feather.”

Sheri Bryan, the chairwoman of the school board, acknowledged that students were not forced to attend the training session, which she believes adequately addresses the harassment of gay students.

Ms. Bryan added that district staff members developed the training with representatives from the Anti-Defamation League, a New York City-based organization that fights intolerance and extremism.

Michael Salberg, the general counsel for the Anti-Defamation League, said its approach to anti-bias training addresses the overall environment rather than focusing on behavior targeting one particular group. Staff members from the Anti-Defamation League were on hand during the Boyd County sessions.

“When there’s bias and prejudice toward a particular group manifesting itself in a school or work setting, that’s symptomatic of a larger problem,” he said.

But Kevin Theriot, the senior legal counsel for the Alliance Defense Fund, said Boyd County parents and community members contacted the organization out of concern that the training presents homosexuality as morally acceptable, a stance that is contrary to their religious beliefs.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Mentorship That Matters: Strengthening Educator Growth & Retention
Learn how to design mentorship programs that go beyond onboarding to create meaningful professional growth opportunities.
Content provided by Frontline Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety School Buses Should Have Alcohol Detection to Prevent Drunken Driving, NTSB Says
The push follows a West Virginia crash that forced a student to have his leg amputated.
4 min read
Emergency personnel respond to the scene of a bus crash, March 4, 2024, on West Virginia Route 16 in Calhoun County, W.Va.
Emergency personnel respond to the scene of a school bus crash on March 4, 2024, on West Virginia Route 16 in Calhoun County, W.Va. The crash, which resulted in one boy having a leg amputated and other student injuries, has led the National Transportation Safety Board to recommend that all school buses feature alcohol detection systems that disable the vehicle if the driver is impaired.
WCHS TV via AP
School Climate & Safety Steps to Follow for a Smooth, Successful, and Safe Graduation Ceremony
Graduation ceremonies pose unique logistical challenges for school districts. Preparation is key.
5 min read
There was minimal police presence as the Los Angeles County Sheriff's department kept an eye on the Maywood Academy High School graduation ceremony at East Los Angeles College in Monterey Park, CA on Thursday, June 12, 2025.
Law enforcement kept an eye on proceedings at the Maywood Academy High School graduation ceremony at East Los Angeles College in Monterey Park, Calif., on June 12, 2025. Graduation ceremonies pose a unique logistical challenge for school districts, with many considerations to take into account.
Myung J. Chun / Los Angeles Times via Getty
School Climate & Safety Q&A Restorative Practices Aren't Consequence-Free, Says a Student Discipline Expert
Consistent consequences are important to managing student behavior, says the author of a new book on discipline.
6 min read
Students pass a talking piece during a restorative justice exercise at a school in Oakland, Calif., on June 11, 2013.
A student receives the talking piece from another student during a restorative justice session at a school in Oakland, Calif., on June 11, 2013. Nathan Maynard, the author of a newly released book on student discipline, says restorative practices are often misunderstood.
Lea Suzuki/San Francisco Chronicle via AP
School Climate & Safety States Push AI Weapons Detection as Part of School Safety
Three states are considering whether to require weapons-detection systems at school entrances.
5 min read
A display indicating a detected weapon is pictured on an Evolv weapons detection system in New York City.
A display indicating a detected weapon is pictured on an Evolv AI weapons detection system in New York City, on March 28, 2024. Lawmakers in Georgia are weighing a bill that would require all public schools to have weapons-detection systems or metal detectors at building entrances. While supporters say the systems make schools safer, critics say the technology has limitations.
Barry Williams/New York Daily News via TNS