To the editor:

On May 25, your editors ran an editorial claiming there is no basis for a recall action against the school board. You cited the Kansas legal statute “Grounds for recall are conviction of a felony, misconduct in office, incompetence or failure to perform duties prescribed by law.” You pointed out that only three members of the school board are subject to recall. You are wrong when you say there are no grounds for recall.

The Americans With Disabilities Act was signed into law on July 26, 1990, by former President Bush. That law required structures to be accessible to people with disabilities. Everyone was given 7 years to comply. That grace period ended in 1997.

During the school bond debate the board pointed out that they have ADA violations throughout the district. Some of the proposed bond was to fix those violations. This public admission means that USD497 is not in compliance with the ADA and is thus in violation of the law.

All citizens have a prescribed duty to obey the law. This goes doubly for public officials. As the district is not in compliance with the ADA, I submit this board has violated the law, opened the district to litigation, and thus failed “to perform duties prescribed by law.” Therefore, they are subject to recall.

Such shall be the basis of the recall action I will soon submit.

Brent Garner,

Lawrence/i>