BURLINGTON — A report by the Burlington School Board’s attorney says that offensive Facebook posts by a board member were not reflected in his work on the board and did not violate its policies.

Ward 7 School Commissioner David Kirk sparked a backlash last month when concerned parents discovered posts on his personal Facebook page widely considered to disparage women, minorities and immigrants.

Superintendent Yaw Obeng had asked Kirk not to attend board meetings while the report was being compiled, but after the report was released last week, Kirk was returned to Tuesday’s board meeting, according to Stephanie Seguino, the board’s vice chair.

The board had previously said it was not able to remove Kirk. But members asked their attorney to look into what, if any, disciplinary action could be taken if Kirk violated board policy.

In response to VTDigger’s request for a copy of the report, Seguino said she was unsure if the report could be released, describing it as a “legal brief” protected by attorney-client privilege.

Board members passed a resolution last week after receiving the report that condemned the posts as “at fundamental variance with the standards of conduct” expected of school commissioners.

“The posting/reposting of offensive and repugnant material that castigates on the basis of constitutionally protected characteristics is contrary to the fundamental philosophy and goals of this School Board, and is hence denounced without reservation,” the resolution continues.

Kirk and other school board members will receive diversity and equity training as well as social media training, and the board will review its ethics policies, according to the resolution.

“In the wake of these posts, the board wants to communicate to the district’s students that we value diversity, caring, and compassion, and we are committed to a school environment in which everyone — each and every student and staff member — is respected and thrives,” the resolution concludes.

Morgan True was VTDigger's Burlington bureau chief covering the city and Chittenden County.

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