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Historic CCJEF v. Rell Trial Begins Rebecca Adams, Esq. Senior Staff Attorney, CABE

The landmark Connecticut Coalition for Justice in Education Funding [CCJEF] v. Rell education adequacy and equity case went to trial before the Hartford Superior Court on Tuesday, January 12, 2016.

At issue in the case is whether the Stateâ&#x20AC;&#x2122;s public education finance system meets the adequacy and equity standards required by the Connecticut Constitution.

The Connecticut Coalition for Justice in Education Funding (CCJEF) which filed the suit in 2005 against then-Gov. M. Jodi Rell, seeks to change how education is funded in Connecticut.

CCJEF, established in 2004, is a nonprofit coalition made up of parents, school districts, towns and cities, and education focused associations that seeks

to achieve an adequately and equitably funded PreK-12 public education system that is based on the learning needs of students and the real costs of delivering high-quality education in every community.

CABE is a charter member of CCJEF. Patrice McCarthy, CABE Deputy Director and General Counsel and Richard Murray (Killingly), CABE Immediate Past President serve on the CCJEF Steering Committee.

In 2005, CCJEF and several named school children and their parents filed suit against the State of Connecticut decision, for its failure to meet its constitutional obligation to adequately and equitably fund the public schools. In a 2010, the Connecticut Supreme Court held that the State of Connecticut has a constitutional See CCJEF page 8

The Face of Education in Connecticut is Changing â&#x20AC;&#x201C; How Can We Be Prepared?

Dr. Elsa M. Nunez, President, Eastern Connecticut State University

The face of education in Connecticut is changing, as the faces of the students we serve continue to look different from prior generations. More students are from ethnic minorities, and the fastest growing sector is the Latino community.

I can describe in vivid detail what it is like to be a Latino in America. When my

family moved from Puerto Rico to Newark, New Jersey, I was eight years old and did not know a word of English.

My parents worked in the factories, without benefit of a high school education. My mother still cannot read or speak English.

Like my own family, most Latino immigrants come to the States armed See FACE page 13

Spotlight on Cultural Competency Editorâ&#x20AC;&#x2122;s Note: CABE is very excited to continue its series on â&#x20AC;&#x153;Best Practices that Lead and Inspireâ&#x20AC;?. Please send us your Best Practices and they might be published in the CABE Journal. This month we are highlighting â&#x20AC;&#x201C;

New Britain Program Title: Cultural Competency Categories that best describe your program: â&#x20AC;˘ Community Engagement/ Communication â&#x20AC;˘ Curriculum/Student Achievement Grade Levels: â&#x20AC;˘ PreK-12 Description of the Program: â&#x20AC;˘ Intentional mixed grouping of students prek-12 â&#x20AC;˘ Visual and Performing Arts

Curriculum- integrates culture specific media â&#x20AC;˘ Respect language of community â&#x20AC;&#x201C; translators in Spanish, Arabic, Polish are available to translate â&#x20AC;˘ Curriculum Guidelines are written with specific criteria around cultural competency including: â&#x20AC;&#x201C; Textbook adoption â&#x20AC;&#x201C; Media Center literature â&#x20AC;&#x201C; Content area/classroom curriculum includes global primary sources (guest speakers) â&#x20AC;˘ Cultural Competency is within the Common Core of Teaching which is our Rubric used for teacher evaluation and specifically See SPOTLIGHT page11

CABE Legislative Priorities

Nutmeg Board

State Board Update

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JAG Comes to Connecticut PAGE 11

81 Wolcott Hill Road Wethersfield, CT 06109-1242

Connecticut Association of Boards of Education Inc.

Periodical Postage PAID Hartford, CT

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The Journal – Connecticut Association of Boards of Education/February 2016 PRESIDENT COMMENTARY

Getting Organized and Reaching Out February in New England is a great time to hibernate, reflect and remember all that is important. To an extent, we may be at the mercy of the weather, making plans with built-in “plan B’s”, in case the roads are impassible.

There are many factors beyond our control, but being prepared for any eventuality makes us strong and resilient. We have our contingency plans, and we have what we need to stay safe.

In many ways, this approach works well in education, too. We, as board members and administrators, develop and implement plans, but there may be extenuating circumstances that were unanticipated. To be effective, we need to expect the unexpected, and be prepared to adapt as necessary along the way. Having policies, routines and predictable structures keeps us on course regardless of the weather, changes of personnel, or other factors. We all must be prepared to change, as needed.

Some change is guided by our actions and directions.

Other change occurs as a function of factors beyond our direct control. Since our work in the arena of education is more collaborative than individual, it is worth checking in with ourselves and each other to make sure about consensus. We may find it helpful to ask ourselves questions, such as “Is this a situation in which going with the flow is a good choice?” “Do we have a range of options to consider?”

We may need to scan a situation to consider whether we can make a difference in the course of events or whether making the most of things is necessary because we cannot control many of the variables.

In his January editorial, CABE Executive Director Bob Rader outlined the Center for Public Education’s “Eight Rules for Effective Boards”. These principles are concise and clearly stated. Not only do they provide excellent guidance to boards, but they are evidence of a collaborative process of governance, linking local boards with statewide organizations as well as national resources.

The first of these eight guiding principles is especially important as we address the needs in underperforming schools. It is not going to help if we respond to low performance by rationalizing that when children are living in poverty and/or have fewer opportunities they are likely to do less well. While clearly there is some statistical validation of that statement, a more constructive approach is to acknowledge the challenges and work together to figure out how to overcome them. When we recognize demographic patterns and how poverty is not equally distributed among demographic groups, we must work together to address these concerns and support students to reach for their goals and to envision the possibility of change.

This shared belief is an integral aspect of the vision for constructive transformation. In February, we are reminded of the importance of relationships. These are most positive when they are collaborative, mutually respectful, team oriented and aligned with best practices, including using data to guide our priorities. In a healthy relationship, participation is essential. Our non-partisan process works well when different perspectives can be safely and respectfully shared, with the development of collective, attainable goals.

Our willingness and ability to advocate for and produce constructive change includes communicating with others who play various roles in the overall educational process. This includes other elected officials locally, as well as legislators, both statewide and national. January and February are months when we organize and reach out. CABE sends a delegation to Washington, DC, for an advocacy/leadership event and a federal “Day on the Hill”. This is a great opportunity to

convey our messages and learn more about new initiatives, such as the ESSA. Statewide, we have legislative breakfasts, and then in Ann Gruenberg early March we have our own Day on the Hill in Hartford. With all of these opportunities, we encourage you to find a niche for your own involvement.

We look forward to your participation in these exciting initiatives. We will watch the weather, be ready for anything, and do what we can to keep the momentum going.

Eight Rules for Effective Boards NSBA’s Center for Public Education has developed eight rules for effective boards that should be remembered, even as commotion swirls around the outside of the board room. They are: • Effective school boards commit to a vision of high expectations for student achievement and quality instruction and define clear goals toward that vision. Effective boards make sure these goals remain their district’s top priorities and that nothing detracts from them.

• Effective school boards have strong shared beliefs and values about what is possible for students and their ability to learn, and of the system and its ability to teach all children at high levels. In high-achieving districts, poverty, lack of parental involvement, and other factors are seen not as excuses but as challenges to overcome.

• Effective school boards are accountability driven, spending less time on operational issues and more time focused on policies to improve student achievement. High-performing boards establish a vision supported by policies that target student achievement.

• Effective school boards have a collaborative relationship with staff and the community and establish a strong communications structure to inform and engage both internal and external stakeholders in setting and achieving district goals.

• Effective school boards are data savvy: They embrace and monitor data, even when the information is negative, and use it to drive continuous improvement.

• Effective school boards align and sustain resources, such as professional development, to meet district goals.

• Effective school boards and their superintendents lead as a united team, each from their respective roles, with strong collaboration and mutual trust.

• Effective school boards take part in team development and training with the superintendent to build shared knowledge, values, and commitments for improvement efforts.

Mission: To assist local and regional boards of education in providing high quality education for all Connecticut children through effective leadership.

Vision: CABE is passionate about strengthening public education through high-performing, transformative local school board/superintendent leadership teams that inspire success for each child.

CABE Board of Directors EXECUTIVE COMMITTEE Ann Gruenberg .................................................. President, Hampton Robert Mitchell ................................ First Vice President, Montville Donald Harris ................ VP for Government Relations, Bloomfield Elizabeth Brown ....... VP for Professional Development, Waterbury Elaine Whitney .................................. Secretary/Treasurer, Westport Richard Murray ........................ Immediate Past President, Killingly John Prins ............................................. Member at Large. Branford Lydia Tedone ........................................... NSBA Director, Simsbury

AREA DIRECTORS Jonathan Moore ................................ Area 1 Co-Director, Region 1 Susan Karp ................................... Area 2 Co-Director, Glastonbury Donald Harris ................................. Area 2 Co-Director, Bloomfield Michael Purcaro ...................................... Area 3 Director, Ellington Douglas Smith ........................................ Area 4 Director, Plainfield Michelle Embree Ku .............................. Area 5 Director, Newtown Jennifer Dayton ............................. Area 6 Co-Director, Greenwich Roxane McKay ............................. Area 7 Co-Director, Wallingford Lon Seidman ................................................. Area 8 Director, Essex Andrea Ackerman ..................................... Area 9 Director, Groton

ASSOCIATES Eileen Baker .............................................. Associate, Old Saybrook Sharon Beloin-Saavedra .............................. Associate, New Britain Robert Guthrie .............................................. Associate, West Haven Robert Trefry ........... Associate, CT Technical High School System

COMMITTEE CHAIRS Donald Harris ......................... Chair, Federal Relations, Bloomfield Becky Tyrrell ...................................... Chair, Resolutions, Plainville Christopher Wilson ........................... Chair, State Relations, Bristol

CITY REPRESENTATIVES Matthew Poland ................................ City Representative, Hartford Carlos Torre .................................. City Representative, New Haven Charles Stango ............................... City Representative, Waterbury

STAFF Robert Rader ....................................................................... Executive Director Patrice McCarthy .................................. Deputy Director and General Counsel Rebecca Adams ............................................................... Senior Staff Attorney Bonnie Carney ............................................ Sr. Staff Associate for Publications Nicholas Caruso ............................................ Sr. Staff Assoc. for Field Service and Coord. of Technology Sheila McKay ............................. Sr. Staff Associate for Government Relations Vincent Mustaro ..................................... Sr. Staff Associate for Policy Service Lisa Steimer .............................. Sr. Staff Assoc. for Professional Development Teresa Costa .................................. Coordinator of Finance and Administration Pamela Brooks ......................... Sr. Admin. Assoc. for Policy Ser. /Search Ser. Terry DeMars ............................................... Admin. Assoc. for Policy Service Gail Heath ........................................ Admin. Assoc. for Government Relations Wilmarie Newton ........................................ Admin. Assoc. for Labor Relations Corliss Ucci .................................. Receptionist/Asst. to the Executive Director

The CABE Journal (ISSN 1092-1818) is published monthly except a combined issue for July/August as a member service of the Connecticut Association of Boards of Education, 81 Wolcott Hill Road, Wethersfield, CT 06109, (860) 571-7446. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75. Association membership dues include a subscription for each board member, superintendent, assistant superintendent and business manager. The companies and advertisements found in The CABE Journal are not necessarily endorsed by CABE. “Periodicals Postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. Email: bcarney@cabe.org.

Members can find the CABE Journal online at: https://www.cabe. org/userlogin.cfm?pp=1024&userrequest=false&keyrequest=YES

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The Journal – Connecticut Association of Boards of Education/February 2016 EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite GOLD MEMBERS

Berchem, Moses & Devlin Centris Group Guidance Counselors for Senior Teachers Pullman & Comley Shipman & Goodwin SILVER MEMBERS Anthem Blue Cross and Blue Shield Arthur J. Gallagher & Company Corporate Cost Control Milone & MacBroom, Inc. Perkins & Eastman Siegel, O’Connor, O’Donnell & Beck The Segal Company Sprint Svigals & Partners

BRONZE PLUS MEMBERS BL Companies Coordinated Transportation Solutions Friar Associates JCJ Architecture Milliman, Inc. Morganti Group O & G Industries The S/L/A/M Collaborative Trane

BRONZE MEMBERS Brown & Brown Insurance Chinni & Meuser LLC Dattco Inc. ECG Engineering, PC Fuller & D’Angelo Architects and Planners Goldstein & Peck, P.C. Kainen, Escalera & McHale, P.C. The Lexington Group Muschell & Simoncelli Suisman Shapiro Attorneys at Law

EDUCATIONAL AFFILIATES American School for the Deaf Area Cooperative Educational Services Capitol Region Education Council The College Board Connecticut Association for the Gifted Connecticut Association of School Business Officials Connecticut Center for School Change Connecticut School Buildings and Grounds Association Cooperative Educational Services EASTCONN EDUCATION CONNECTION LEARN Unified School District #1

Bring Back Civility!

It’s not my job, of course, to take sides in the presidential primaries, nor in the election. But, I do take a position when it comes to the type of discourse and tone of those running.

It doesn’t matter if you’re a Democrat, Republican, Independent, Green or support any other political party. What we urgently need in this country is thoughtful discussion of the issues facing us, not only at the national level, but at the State and local level, too.

Anybody who has watched the presidential debates has, in some ways, been disappointed at the mudslinging and crassness into which the national dialogue has descended. Facts no longer seem to matter; in appealing to constituent groups, candidates have gone well beyond what we would generally call “civil”.

While there is great anger, discouragement, fear and frustration in the country for many reasons, candidates should be appealing to the best in our fellow citizens, not the worst.

Personal attacks, rather than thoughtthrough discussion of the critical issues facing us, gets lost in the nonstop media.

If everything is important, then nothing is important.

That this will go on until next November is a scary thought!

A cornerstone of CABE is that we are nonpartisan. We represent school board members from every segment of our political spectrum. We work with legislators on all sides of the aisle. We hear concerns from the right to the left and everything in-between.

Sure, we get issues in which board members are divided by political party.

Some of the divisions are caused by philosophical differences of board members, not politics as it might appear on the surface.

Such differences may be difficult and frustrating, especially to board members on the minority side of the discussion.

Boards are not completely independent of politics, especially because almost every Board member must run on a political line and get the support of a political party.

We certainly see some of these issues get hotter as we get closer to elections.

For most of the issues in which we are asked to provide advice, however, the subjects have little to do with politics.

Very often they concern interpretations of law or regulations or miscommunication

by Board members or with the superintendent.

The keys to keeping politics out of the Boardroom is an understanding that Board members should, as a general rule, drop their political affiliation as they come into the room and ensure that the Board focuses first and foremost on the needs of the children. I know that is often easier said than done, but it is a guideline that should help all Boards.

Keeping politics out of the Boardroom will help keep civility in.

Lessons for School Boards and Superintendents Board members and superintendents should act as the role models for their school systems. Let’s face it, there are already too few positive, healthy role models for our children in today’s society.

I would ask and earnestly hope that our school board members, and our politicians, inspire future generations to get involved in our democratic institutions.

“The keys to keeping politics out of the Boardroom is an understanding that Board members should, as a general rule, drop their political affiliation as they come into the room and ensure that the Board focuses first and foremost on the needs of the children.

I know that is often easier said than done, but it is a guideline that should help all Boards.”

But, for those who will, I would ask, “What are we teaching our children when thoughtful, logical and reasoned positions have given way to outrageous, over-thetop insults?”

Years ago, the CABE Board of Directors developed a Code of Conduct for board members. We encourage boards not only to include it in their bylaws, but to live by its precepts.

Included in the code is this one (for the whole Code, please contact our Policy Department): Board members and Superintendents will always carry out their respective roles with the highest levels of professionalism, honesty and integrity.

Once a person has taken on the mantle of leadership by serving on a board, certain expectations arise. If the public is to have faith in our institutions, it must believe in the people governing those organizations.

Robert Rader

“Professionalism” does not imply perfection. It does suggest that, to the best of their abilities, board members and superintendents will carry out their roles in a fair, thoughtful manner.

Professionalism also means handling issues in a manner that would bring credit to a person and a Board. Civility is part of being professional, as is working in the spirit of collaboration and cooperation. It also means standing for principles, knowing when to compromise and knowing when to fight battles… or walk away.

“Honesty” is about being truthful.

Honesty is not only telling the truth, but also is being transparent, open to other ideas and honoring veracity.

“Integrity” is acting in an upright or honorable manner. Being true to a code of conduct, that is, living by it – not merely mouthing the words, is showing integrity. Lip service is sometimes appropriate, but real integrity requires living it.

My Experience The good thing is, having worked with many boards and superintendents over the years, I am constantly struck by how many board members try very hard to do the “right thing” and hold true to professionalism, honesty and integrity. They are our real leaders…and role models!

One way I have seen their success in action is that those who act forthrightly will generally get the benefit of the doubt, since they already have a “bank” of credibility for trying to do what is right.

This is critical for leading others and being successful in reaching your own goals for school board or superintendent service.

I hope that presidential candidates who lower ethical standards and assume that being negative is the way to win, will, at some point, realize that this conduct works against them – and the institutions they are hoping to serve.

Let’s make sure that the work of our Boards of Education and the efforts of its individual members are and remain focused on the needs of our children.

Maybe, just maybe, in doing so, we can set the highest of standards not only on the local and State level, but, someday, on the national level.

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The Journal – Connecticut Association of Boards of Education/February 2016

CABE’s 2016 Legislative Priorities Patrice A. McCarthy Deputy Director/General Counsel, CABE

CABE’s State Relations Committee met in December to establish CABE’s 2016 Legislative Priorities. Their overall message to the Legislature is the critical need to support school districts as they implement the multiple new education initiatives, including educator evaluation and support; the Connecticut Core Standards; school safety, security and climate; and local efforts to promote cultural diversity and competence.

The Committee identified the following specific priorities:

Fund Existing Initiatives • Maintain funding to local communities to support adequate educational opportunities • Expand access to mental health and drug use prevention services for youth

• Fully fund the Special Education excess cost grant • Appropriate adequate funding to educate English Language Learners • Remove the statutory reduction in the Minimum Budget Requirement • Remove the penalty on municipalities with budget increases that exceed 2.5%

Address Achievement Gap • Promote opportunities to reorganize and personalize learning time to accelerate student achievement and provide support to low performing students • Continue to increase access to early childhood programs • Improve student assessment programs to enhance student creativity and recognize student growth • Re-examine efficacy of Secondary School Reform for the class of 2021

CABE-Meeting

Maximize Resources • Reduce constraints on the delivery of education and remove mandates that fail to promote student achievement • Place the burden of proof in special education due process hearings on the party challenging the placement • Provide incentives for voluntary interdistrict collaboration and eliminate impediments to these efforts • Continue to focus the State Department of Education resources on support to local districts rather than enforcement of instructional mandates These issues will be discussed with legislators at area breakfasts, CABE’s Day on the Hill and in individual meetings with legislators.

CABE-Meeting is a userfriendly online service offered

by CABE specifically for school boards. Users can eliminate unnecessary paperwork, increase efficiency and reduce costs while enabling board members to utilize the latest in cutting edge technology. Using CABE-Meeting, the Meeting Manager can create an electronic meeting from developing the agenda to creating the minutes and everything in between.

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Letter to the Editor

Thoughts from the 2015 CABE/CAPSS Convention George Coleman

Conflict Involving Diversity

Early Childhood System Development Consultant, Cooperative Educational Services

As we begin 2016, the lingering impact of national and international media chronicles unsettled and seemingly unresolvable conflict between and amongst groups and entrenched world values.

As much as national conflicts involving diversity are not new, we Americans have grown to understand and accommodate the context in which we are customarily address our domestic challenge aimed at temporary appeasing affected groups or postponing the next occurrence.

Effective tactics and actions such as weak court orders, compromised legislation, orchestrated dialogue, and commissioned reports from powerless study groups are effective in accomplishing these objectives.

It is generally understood and accepted, that we are not expected to resolve, bring permanent solution to or, arrive at social justice to matters involving the state and nation’s long struggle with race, prejudice or inequity resulting from these.

These actions represent a long history of side-stepping seemingly irreconcilable issues related to our inherited differences and assumed social privileges.

Happy New Year!

This familiar salutation generally beckons optimism for the coming year.

Its exclamatory voice is active, enthusiastic and robust.

Are We Prepared?

The proximity of the recent CAPPS/ CABE Convention (November 2015) to the traditional holiday season afforded opportunity to disguise brewing and unsettling sentiments that perhaps, stimulated the Convention’s 2015 title, Changing Faces, Changing World-Are We Prepared?

The tailing question: Are We Prepared? – put us all on notice that thinking and planning for the faces we will serve in public school systems over the remaining decades of this century may require different thinking, leading to different systemic responses.

The cherished time-honored system of by-gone eras that we are so invested in, even as we point out its flaws and inadequacies, is rapidly changing to reflect the new faces and realities of those it serve. Add-on policies and practices developed to serve small diverse student groups are no longer adequate to meet the learning needs of the new public school demographic of increased racial, ethnic, social, language, religious, cultural and ability characteristics of the emerging new majority.

School Boards Have a Unique Responsibility and Opportunity Schools and those who lead them have a unique responsibility and opportunity to fashion a new system of public education that allay fears and anxieties associated with the characteristics of those it serve.

The privilege of shaping new generations of Americans – bonded by and invested in national ideals – begins with the public school experience and its potential to invest in every child a sense of democracy, personal belonging and group worth.

I suggest that this system transformation must be approached with all the carefulness and investment inherent in building the public school system associated with American’s great past, for this system will become the foundation for its great future.

While there are honored traditions that served old interests that should be preserved, expansive space is needed to accommodate new system needs that relate to America’s new position in the world and those elements that bind and commit Americans to each other and to the nation’s ideals.

This new challenge for education will be as difficult as the current challenge of fostering college and career readiness in students. Indeed, the systems that govern curriculum, pedagogy, school management and community support must be heavily recruited to support this transformation.

Treating this imperative as an addon to appease small isolated interests would be a mistake that undermines the potential to establish effective, safe and secure schools, steeped in relevance and aimed at preparing students for their generation and those beyond.

No other high priorities of the public school system are likely to be achieved without an informed understanding of, and genuine appreciation for the contribution and promise inherent in the faces of diversity served in our public schools.

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CABE-Meeting Offers: Secure login access for board and district staff Access from any location with Internet access Search archived agenda and meeting related items in a flash.

Ability to download and print attachments Option to provide a public link to board meeting information

Your Subscription Provides: Access to CABE-Meeting Initial and ongoing training Support and maintenance Upgrades to the service

CABE Member Subscription Info: Initial Subscription Fee – $3,000 Annual Maintenance Fee – $1,500

If you have an interest in this service, contact Lisa Steimer at 860-571-7446 or lsteimer@cabe.org.

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The Journal – Connecticut Association of Boards of Education/ See You in Court – The Nutmeg Board of Education

The Nutmeg Board deals with using personal email accounts to avoid FOIA Thomas B. Mooney, Esq. Shipman & Goodwin

The Nutmeg Board of Education makes many mistakes. The latest imbroglio created by the board will be reported here each issue, followed by an explanation of what the board should have done.

Though not intended as legal advice, these situations may help board members avoid common problems.

Mr. Superintendent knew that his news for the Nutmeg Board of Education would cause a stir – the Nutmeg Public Schools were looking at a deficit for 2015-2016 of around $1,000,000. While the warm weather had resulted in savings in the fuel account, special education expenditures were far in excess of the amount budgeted.

To make matters worse, the unanticipated costs came from over a dozen new special education students, rather than one or two very high-cost cases that would have triggered some state reimbursement. Mr. Superintendent knew that he would have to “announce” the problem and related cost-cutting measures at a public Board meeting.

But he did not want to surprise the Board members. So he sent out an email to the Board members, explaining the problem and alerting them to his plan to “announce” the projected deficit at the next Board meeting. The Board members had a couple of questions, which they asked Mr. Superintendent by return email, and to which he responded, but by and large the Board members accepted the bad news gracefully.

At the next Board meeting, Mr. Superintendent made his public announcement. Nancy Newshound, ace reporter for the Nutmeg Bugle and astute observer of the Nutmeg Board of Education, was shocked and suspicious at how blasé the Board members were after they heard the news about the huge deficit.

At the end of the meeting, she buttonholed veteran Board member Bob Bombast to ask what just happened. Bob played dumb and professed not to know what Nancy was talking about. But Bob cracked when Nancy questioned why Bob and the other Board members seemed not to care about such a significant problem.

“Well,” Bob admitted, “Mr. Superintendent gave us a heads-up by email. The Board has known about this problem since then, and everything is under control.”

Nancy’s eyes sparkled with anticipation when Bob mentioned email. “Thanks for the information, Bob. Under the FOIA, I want access to all of the emails of the Board members and Superintendent about budget issues this year. Are you going to just give me your emails or am I going to have to make a written FOIA request?”

“I have nothing more to say to you,” responded Bob as he scuttled away.

Undeterred, Nancy promptly sent Mr. Superintendent an email asking for “prompt access to all email communications between him and among Board members concerning the 2015-2016 budget.”

Mr. Superintendent responded that it would take a very long time to respond to the request, what with the necessary redactions, but Nancy shot back that redactions would not be necessary for information concerning the budget and that she would not tolerate foot-dragging.

Mr. Superintendent promptly informed the Board by email of Nancy’s request and told them that the technicians would be searching email on the district server by key words to respond on their behalf to Nancy’s request.

Bob Bombast, however, responded by saying that the technicians would not find all the emails from him, because he does his Board business on his trusty old AOL.com email account.

Intrigued, Board member Mal Content wrote back to say that he did not realize that using a personal email account was an option, and that he too would be using his personal email account to shield his emails from Nancy’s prying eyes.

Will this strategy work?

Of course not. Board of education members are public officials, and as such fall within the definition of “public agency” under the Freedom of Information Act. Records of public agencies are public records wherever they are created, and using personal email does not change that fact.

Indeed, use of personal email can cause problems for the individual board of education member and the board as a whole.

We start with the definition of “public record,” which the FOIA defines as “any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency, . . . whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.”

There are two points in this definition of particular interest relating to email.

First, the records must relate “to the conduct of the public’s business,” which implicitly means the business of the agency on which the member serves.

Therefore, board member emails will be public records only if they relate to board business. Second, however, the definition includes records that are “received or retained” by the public official. Thus, emails relating to board business that board members receive from members of the public will also be considered “public records,” even if the board member did not respond to or even acknowledge the email.

The Freedom of Information Commission has decided on numerous occasions that public access to public records does not depend on where or how the record was created. When board members use their personal email for board business, therefore, they take personal responsibility for complying with FOIA responsibilities, which has two major consequences.

First, board members become personally responsible for providing public access to the records that they alone control. If a member of the public asks Bob Bombast for access to his Board emails on any particular topic, he will be responsible for conducting a search supplementary to the search that district personnel can undertake, and Bob will be responsible for providing “prompt” access to any emails of which he has sole possession.

By contrast, when board member emails reside solely on the district server, district personnel can take responsibility for responding to FOIA requests.

Second, specific and varied record retention requirements apply to email records. The Public Records Administration has opined that public agencies must apply a functional analysis. If an email

record is transitory (e.g., “I will see you then”), it need not be retained. However, if an email can be considered routine correspondence (albeit in electronic format), for example, it must be retained for two years.

Other types of email are subject to other retention requirements, for which the individual board member will be responsible. By contrast, email records on the district server are typically retained indefinitely, making moot any concern over record retention.

Finally, brief comment on text messages is also in order in this electronic age. All of the rules set forth above apply to text messages as well, but typically without the availability of the district server as a repository.

Accordingly, board members should be cautioned against having substantive exchanges by text message between themselves or with others about board business.

Attorney Thomas B. Mooney is a partner in the Hartford law firm of Shipman & Goodwin who works frequently with boards of education. Mooney is a regular contributor to the CABE Journal.

The Eighth Edition is here!!

A Practical Guide to Connecticut School Law

by Thomas B. Mooney, Esq. Shipman & Goodwin The Guide comes with a CD which provides hyperlinks to many cases and statutes and will permit ord searches as a supplement to the Index.

The Eighth Edition was substantially rewritten to reflect statutory changes, significant case law developments in state and federal courts. Some of the numerous legal developments and update are as follows: • School Safety and Security • Bullying Law • Teacher Evaluation and Support • Teacher Tenure Act • New Requirements for Professional Development • Budget Issues • Prohibitions on Electronic Notifications of Referenda • Minimum Budget Requirements • FMLA for Paraprofessionals • Child Abuse and Neglect Reporting Requirements • Uniform Regional School Calendars • Excusal • Student Assessments • Pool Safety • Concussion Prevention and Education • Sudden Cardiac Arrest Prevention and Education • Administration and Storage of Epinephrine • Excused Absences • Student Free Speech • Employee Free Speech

Order your copy TODAY by going to the CABE website: www.cabe.org/page.cfm?p=1241

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The Journal – Connecticut Association of Boards of Education/February 2016

Book Review Team of Teams

by General Stanley McChrystal, U.S. Army, Retired All school districts have a mission: providing the best education possible to the students in their charge. How they handle the often-conflicting demands of the State, their communities, their resources (including personnel) and their challenges often collide. Bringing cohesiveness and progress across the board to this work, is difficult and sometimes nearly impossible.

General Stanley McChrystal was given a mission with complexities far beyond what most organizations would ever face.

He took command of the Joint Special Operations Task Force in Iraq in 2003. At that time, Al Qaeda had developed a decentralized organization, led by Abu Musab al-Zarqawi, a ruthless killer who had seen the opportunity to build his network when the U.S. invaded Iraq. Al Qaeda would hit quickly, then vanish into the local population.

McChrystal’s job was to vanquish this foe – a far different one than our Army had faced in other wars. He was successful because of how he organized his Task Force, in ways much different than his predecessors.

This book, not an easy read, takes us back to the late 1800s and how industrial America had begun to build the factory systems that still informs how many businesses are organized and managed.

This system developed unparalleled productivity that led to tremendous wealth accumulation and powered our victories in World Wars I and II. He writes much about Frederick Winslow Taylor, whose time/work studies broke down assignments into fewer, easier jobs, where people could easily be substituted for each other. This “scientific management” is still in use in much of industrial America.

When McChrystal is given the assignment of breaking Al Qaeda, he does many things very differently from how the Army had done them in the past. He realized he needed a different template to win.

He saw the need for speed in analysis of the battlefield and reacting when Al Qaeda hit. He did his best to get ahead of them, taking prisoners before they could carry out their bombings.

In building this new organization, he broke down silos and even embedded representatives from different organizations (CIA, Navy Seals, Army Rangers) in each other’s ranks so that they would build trust with each other and be able to move much faster than if each team had to get sign offs all the way up and down the line.

He communicated much more with those under him – he held daily confer-

ence calls with many more individuals than usual, because he wanted everyone on the same page. He let his commanders make decisions with a minimal of oversight, because he had to trust them, just as he expected trust from them.

He built a management system that was adaptable, flexible and extremely trans-

Core, for example, many of our teachers were not particularly involved in this work, because they were not teaching Language Arts or Math. More discussion with all personnel could lead to our teachers seeing more of the whole picture and, especially if they understand the goals and objectives of the district, they could encourage a more supportive interdisciplinary curriculum and feel more a part of the team.

What will the Connecticut Online Policy Service (C.O.P.S.) provide YOUR district?

Transparency was key to McChrystal’s concept. He understood that there was a chance of leaks from his teleconferences, especially with so many individuals involved. However, he believed taking such chances (and, in Iraq, lives were literally at stake) helped build the trust so central to what he was doing.

parent. He still sees good management, just as Taylor did, as essential to success – whether in the Army, governments or schools.

But, overall, what he did was change the culture so that it could carry out his mission. He built a system he called “shared consciousness,” where all members of the team of teams felt involved, understood why they sometimes got fewer resources than they wanted (because other members of the team needed it) and felt the whole mission was everyone’s mission.

There are many aspects of what he did that can help school boards and superintendents as they face their missions.

While I am not suggesting that we tear down our governance structures, I believe that giving some thought to what McChrystal did can pay dividends in many districts.

Here are some of the ideas that I came away with from Team of Teams: • The very idea of a team of teams suggests that there is more interconnectedness than now in many school districts. For example, because of the mission of districts, many of our personnel operate in silos, by building, curriculum area or other responsibilities. During the implementation of Connecticut

In our districts, more discussion with staff as well as members of the community, parents and other local governments, might have forestalled some of the obstacles and misunderstandings that were and are still rife in some communities when it comes to Connecticut Core.

• One of McChrystal’s beliefs is that enabling personnel, rather than directing them, will lead to greater success. He sees much of the work of leaders as “tending the garden;” ensuring that all aspects of the climate are suited for and supportive of the mission. Part of what school boards need to do is ensure that resources which are key to success are adequate.

While this book would not be for everybody, if you’re interested in organizational management, it makes a lot of good points. And, yes, while it may seem like so many years ago that we were fighting Al Qaeda in Iraq, McChrystal did have many successes, including finally killing Zarqawi.

While the mission of our schools is so different from that of the Army, there are many lessons we can learn to help our districts and our students do even better. Think about how some of McChrystal’s ideas might be applied in your schools.

Robert Rader Executive Director, CABE

• A policy manual updated within days of a board meeting.

• Access to your policy manual 24/7 anywhere with Internet capability.

• Timesaving links to legal and cross references.

• A search engine specifically designed for board policy manuals.

• The ability to search other online districts for similar policies or language.

• A happier staff that will have less paper to deal with.

If you would like additional information on CABE’s Connecticut Online Policy Service (C.O.P.S.), call Vincent Mustaro at 860-571-7446 or email vmustaro@cabe.org for full details.

Let the CABE staff make your policy life easier.

The Journal â&#x20AC;&#x201C; Connecticut Association of Boards of Education/February 2016

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The Journal – Connecticut Association of Boards of Education/February 2016

OCR Blinks, but Title IX Limitations on Transgender-Student Access May Have Little Effect on Connecticut School Districts Michael McKeon, Esq. Pullman & Comley, LLC

The United States Department of Education’s Office for Civil Rights’ sometimes heavy-handed enforcement actions can call to mind the tongue-incheek title of an old country-western song: “Mama Get the Hammer (There’s a Fly on Papa’s Head).” It is, therefore, unusual to see OCR pull back from the brink not once, but twice in any matter. That is, however, what it recently did in a case involving a transgender student’s right to locker room access.

The dispute arose when Palatine, Illinois’ Township High School District 211 declined to provide unrestricted access to the girls’ locker room to a student who, while biologically male, identified as a female.

Asserting that District 211’s position deprived the transgender student of an equal opportunity to benefit from the district’s educational program, OCR ordered it to relent or face administrative action that could ultimately have resulted in the termination of federal funding.

When the school district suggested it would fight OCR’s enforcement directives in court, the parties entered into negotiations, which resulted in an “Agreement to Resolve.” With respect to locker room access, District 211 agreed to permit the student into the

Historic CCJEF v. Rell Trial Begins

(continued from page 1) obligation to provide Connecticut public school children with an adequate education, and ordered the trial currently underway in Hartford.

In its ruling the Supreme Court said that, “article eighth, § 1 of Connecticut’s constitution entitles Connecticut public school students to an education suitable to give them the opportunity to be responsible citizens able to participate fully in democratic institutions . . . [and] prepared to progress to institutions of higher education, or to attain productive employment and otherwise contribute to the state’s economy.

The essential components of a constitutionally adequate education include (1) minimally adequate (a) physical facilities and classrooms, (b) instrumentalities of learning, and (c) teaching of reasonably up-to-date basic curricula and (2) sufficient and adequately trained teaching personnel.”

“The journey on this long and winding judicial road has taken nearly over ten years, but now Connecticut’s schoolchil-

female locker rooms so long as she changed in a private changing station within the room.

It further agreed to install and maintain enough privacy curtains to accommodate not only the transgender student but any other student who desired privacy while changing. The district additionally agreed to coordinate the provision of comparable facilities at other schools that the transgender student’s sports team might visit.

Of course, OCR’s version of going easy can sometimes mean that it will use a ball-peen rather than sledge hammer to get the fly; consequently, the parties’ agreement also contains provisions pertaining to student records as well as a number of monitoring and document production requirements through June 30, 2017.

Nonetheless, the resolution agreement hewed far closer to the compromise District 211 originally offered than it did to OCR’s initial stance, which is why District 211 expressed outrage when OCR then issued a statement that essentially trumpeted the outcome as a vindication of its position and as effecting changes far more sweeping than the individual case it had resolved.

When the district demanded a “full retraction” from OCR, it refused until District 211 threatened to possibly withdraw from the agreement because of what it termed OCR’s “bad faith.” At that point, OCR abruptly retreated and

dren will have their day in court,” said Herbert C. Rosenthal, CCJEF President.

“The outcome of this historic case will have profound impacts on how public education services are delivered and funded for generations to come. It is time to acknowledge that the education finance system in our state is broken and needs to be fixed.” said Rosenthal.

Superior Court Judge Thomas Moukawsher, the third judge to preside over the case, will hear the trial and decide the case. He has set a trial schedule that runs Tuesday - Friday from 10:00 am – 3:45 pm each day in Room 312 of the courthouse at 95 Washington Street, Hartford through May of this year.

After both parties made their opening statements, the judge indicated he would be asking for briefs on specific issues throughout the trial. The coming months will be intense ones for the attorneys representing the parties as well as the judge.

Further information including witness schedules, briefs, video clips, and other trial information can be found at the following link: http://civilinquiry.jud. ct.gov/CaseDetail/PublicCaseDetail. aspx?DocketNo=HHDCV145037565S

“clarified” its initial statement.

The outcome of this case underscores OCR’s position that Title IX, which was originally enacted in 1972 to protect students from gender-based discrimination, also applies to transgender students.

In backing off its original position, OCR acceded to limitations on a transgender student’s access to the other biological gender’s locker rooms and similar facilities.

This does not mean that OCR may not attempt to order other school districts to provide unfettered access, but for school boards that are disinclined to accept OCR’s directives, the District 211 resolution agreement could bolster their position.

The District 211 outcome, however, may have little practical effect upon Connecticut’s public schools, for Connecticut law also prohibits discrimination against students on the basis of gender identity.

Furthermore, the Connecticut Safe School Coalition has issued guidance that essentially contemplates full access for transgender students seeking to use the locker room of the gender with which he or she identifies.

As in District 211, the Coalition recommends the provision of a private area to any student, transgender or otherwise, who may feel uncomfortable undressing in the presence of a student or students who are of a different biological

gender or, in the alternative, a separate changing schedule.

The key difference, however, is that the District 211 agreement vests in the school district the right to require the transgender student to avail himself or herself of these alternatives, whereas in Connecticut the decision appears to be the student’s, not the district’s.

Therefore, although in the wake of the District 211 resolution a Connecticut school district – or a private school that receives any federal funds – could probably impose limitations under Title IX on the scope of a transgender student’s access to locker rooms, and perhaps bathrooms, of the opposite biological gender, Connecticut law could prove more problematic.

At the very least, school districts should be reviewing both their Board non-discrimination policies and their Title IX provisions and procedures to ensure that they are in compliance with the current state of both federal and Connecticut law as they apply to transgender students.

Attorney McKeon is a Member of the law firm of Pullman & Comley LLC, which represents a number of Connecticut’s school districts. More articles about issues pertaining to school districts and other educational institutions can be found on the firm’s blog Education Law Notes at http:// schoollaw.pullcomblog.com

Upcoming Legislative Breakfasts Area 6 February 1, 2016

Area 4 February 11, 2016

7:45 am Staples High School, Westport

7:45 am Killingly High School, Killingly

Area 7 February 2, 2016

Area 2 February 18, 2016

7:30 am Derby High School, Derby

Area 8 February 10, 2016 7:30 am Education Connection, Litchfield

8:00 am State Capitol, Room 310 Hartford

Area 5 February 24 7:30 am Newtown Municipal Building, Newtown

Other Legislative Breakfasts were held in January in Area 3, Area 8 and Area 9.

To register for an Area Breakfast contact Gail Heath at the CABE Office at 860-571-7446.

The Journal â&#x20AC;&#x201C; Connecticut Association of Boards of Education/February 2016

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The Journal – Connecticut Association of Boards of Education/February 2016

The

Media Message

from Ann Baldwin, Baldwin Media Marketing, LLC

NOW is the Time to Start Communicating on Your District’s Budget Almost every school board and “ Superintendent is deep into the process of crunching numbers as it relates to their proposed budget for 2016-2017 and now is the time to figure out how and when your district will share that information with your school community.

Most people (and that means taxpayers) are unaware about what truly goes into preparing a budget. They don’t realize that it is a year-long process of numbers crunching, looking for additional ways to save and at the same time finding ways of maintaining, sustaining and strengthening your educational programs. Simultaneously the process must insure that the budget is perceived as lean, responsible and respectful to your taxpayers.

I have found the issue that many districts face results from waiting until the last minute to communicate, not only what the budget process entails, but also the details of the budget. In almost

every proposed budget, there are certain constant costs. For example, in most cases those constants are personnel salaries and benefits, which typically are where the majority of the dollars are spent. I have found that when we work with districts to figure out how to better explain their budget, if we put it into a pie chart, there isn’t a lot of pie left once those non-negotiable expenses are inserted. Your stakeholders need to understand that issue and the Board must explain it.

Below is a good example of this.

Available from the CABE Bookstore!

Excellent book for New Board Members

Understanding the Connecticut Freedom of Information Act and Access to Public Meetings and Records | Fourth Edition Written by:

Mark J. Sommaruga, Esq. Pullman & Comley, LLC to order the FOIA book go to the CABE Online Bookstore at: www.cabe.org/page.cfm?p=1256

.How

Can Our District Better Explain the Budget?

One way to better explain the budget is to diversify communications: boards, Superintendents and other administrators cannot simply rely on traditional school newsletters or local coverage of school board meetings. We must to use all aspects of social media.

We have to vary our communications and target the different audiences of interest. We have to have a clear message and make sure it is consistent, and that everybody up and down the ladder knows the message. Then we need to keep repeating it in as many avenues as possible.

A number of districts are utilizing social media, YouTube and their public access channels to break the budget process into video segments and sharing those with their stakeholders. Some of the school boards, who work with Baldwin Media, via CABE, are also coming into our studios and producing

their own videos with their Superintendents and Board Chairs.

Video is a great tool because it puts a recognizable and credible face and voice to what is usually a very complicated and sometimes controversial topic.

Many school districts are also putting together special budget brochures and presentations on their website so that when people in their community have questions or concerns, there is a place for them to go for answers.

Straight talk is the secret weapon.

We don’t like to tell people bad news.

We tiptoe around unpleasant issues. But telling the truth sooner rather than later, is one of the keys to having a good board and school leadership.

I can tell you from experience, the sooner you get out in front of the budget process, the better your chance of it passing.

Attention ALL Board Members CABE has developed a 126-page booklet on issues of importance to board members. It was originally developed and distributed at the CABE New Board Member Orientation and Leadership Conference.

It provides much advice and helpful hints on school board service, applicable to new and experienced board members. To order go to www.cabe.org and click on the Online Publications Store. The price of the book is $35 (members) $50 (non-members) plus shipping and handling.

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The Journal – Connecticut Association of Boards of Education/February 2016

CABE: working for YOU

Individualized Workshops • Professional Development Opportunities Legal Services • Policy Services • Representing You Statewide and Nationally Below are the highlights of activities that the CABE staff has undertaken on your behalf over the last month. We did this:

➤ By providing opportunities for members to learn how to better govern their districts:

➤ By representing Connecticut school boards on the state or national level:

• • • • •

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Participated in High School Task Force meetings.

Participated in CCJEF Steering Committee meeting.

Attended State Board of Education meeting.

Participated in Mastery Examination Committee meeting.

Participated in Connecticut Bar Association Civic Education Committee meeting.

Participated in Connecticut Society of Association Executives (CSAE) webinar on Telling Your Story.

Participated in CSAE Committee meeting to determine organization’s awards to be distributed.

Participated in meetings of the Big 6 Partnership (CABE, CAPSS, CAS, CER, CBIA, ConnCAN) on fiscal issues facing pubic education.

Hosted CABE Government Relations meeting to determine legislative priorities.

Participated in meeting of the Connecticut Association of NonProfits workshop on working with Boards.

• • •

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Planned and implemented successful CABE Board of Directors Retreat.

Participated in CAPSS International Education Committee meeting.

Met with Office Depot representatives about Personalized Learning program they offer.

Facilitated Roles and Responsibilities workshop with the Brooklyn, Chaplin, Derby, Marlborough, New Hartford, Wethersfield and Windsor Boards of Education.

Provided policy information to 23 districts, through 37 answered requests for information or sample policies, on 36 topics. Further, districts continue to access CABE’s online Core Policy Reference Manual and/or online manuals posted by CABE for policy samples. The topics of greatest interest included use of restraint and seclusion, child abuse reporting, truancy/attendance issues, and service animals.

Facilitated discussion of the superintendent search process for the Cheshire Board of Education.

Senior Staff Associate for Government Relations, CABE

The State Board of Education (SBOE) will seek a legislative change to the Minimum Budget Requirement statute based on an inability to implement the law.

Current law exempts the top 10 percent of districts based on the district performance index; however, there is more than one index. SBOE requests the use of the accountability index which incorporates graduation rates, chronic absenteeism, and college and career readiness.

There was an extensive presentation on the role the State plays in special education by the new special education bureau chief Dr. Isabelina Rodriguez. Of the total student population in Connecticut, special education students represent 13% of the population.

The rate of students on the Autism

spectrum has doubled over that last eight years. In discussion with the Board after the presentation, the Commissioner specifically spoke to the effort to lessen the number of students referred to special education by increasing the reading performance of all 3rd grade students.

A question on the transition of special education students after graduation, gave Rodriquez an opportunity to mention the Parents’ Bill of Rights that SDE is currently working on and SDE’s determined efforts to work with the Bureau of Rehabilitation Services for these graduates. Transition programing is also a help for students as they move on to college and work.

Of note, Dr. Ellen Cohn briefly remarked that SDE is just beginnig a fiveyear plan to increase literacy for all students.

don, Portland, Plymouth and Thomaston Boards of Education.

to meet members needs:

•

•

•

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Assisted State Relations Committee in developing 2016 Legislative Priorities.

Completed an audit of the policy manual of the Southington Public Schools.

Entered into an agreement to make necessary corrections to the Fairfield Policy Manual.

Entered into an agreement to develop a new policy manual for the Milford Public Schools.

Trending legal topics were: Procedure for adopting new board policies; family medical Leave Act (FMLA) Use of accrued vaction and sick time; Medical certificates; Family Education Rights and Privacy Act (FERPA) - body cameras on Student Resource Officers, Access to student district email; filling school board vacancies.

As part of the Customized Policy Update Service materials were sent to New Fairfield, Marlborough, North Stonington, Region #6, Region #14 and Windham Boards of Education.

➤ By ensuring members

receive the most up-todate communications:

•

State Board of Education Update Sheila McKay

➤ By providing services

As part of the development of new policy manuals utilizing the Custom Policy Service, materials were prepared for Ellington, New Lon-

➤ By helping school boards to increase student achievement

•

•

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Facilitated a Goal Setting workshop with the Columbia Board of Education.

Facilitated a Retreat Planning session with the Orange Board of Education and a Board Retreat with the Bristol Board of Education.

Participated in Lighthouse training with the Shelton Board of Education and the Gilbert School.

Sent out two issues of Policy Highlights via email listserv covering topics that affect student achievement. This included high school graduation, e-cigarette use by teens, reading and dyslexia, standards for food service personnel, expanded access to computer science in schools, student assessments, and technology.

➤ By promoting public education

• • •

Participated in the WhatWillOur ChildrenLose Coalition meeting.

Attended the CAPSS Board of Directors meeting.

Participated in Connecticut Coalition for Public Education meeting.

Spotlighting on Cultural Competency (continued from page 1) addresses cultural competency • Adult Education opportunities and outreach for all families – Adult Education Sites created to service populations of culturally diverse families daily • Follow the link survey where we score B+ for Cultural Diversity • https://k12.niche.com/d/new-britainschool-district-ct/ • High School Club opportunities – Asian Club – African American Club – Latin Hurricanes – Polish Club – Gay Straight Alliance Diversity Club • NBHS Scholarship Opportunities Specific Examples Kristie Beckwith, an English teacher at the high school, is the person who has set up many Skype sessions as well as visits from authors over the last few years in her World Literature class.

Fran Quish - who just retired from the NBHS media center has brought in Daniel

Trust, a Rwandan genocide survivor as a guest speaker.

In the 9th grade government class they discuss current events. Units and activities on Civil Rights, Human Rights, living conditions around the world, terrorism, discrimination etc. (see excerpt from NBHS Handbook) American Government and Patterns of Geography In this highly interactive course, students will examine the rights and responsibilities of American citizenry within our national boundaries and as members of the global community.

Students will gain and express through oral and written forms of communication an appreciation for democratic principles and their impact on both a national and international level relating to human growth and expansion.

Through individual and collaborative learning experiences like simulations, court case reviews, debates and guest speaker presentations, students will be able to demonstrate their creative and critical thinking skills.

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The Journal – Connecticut Association of Boards of Education/February 2016

JAG Comes to CT: Ready-Made Graduation and Career Solution Liz Dupont-Diehl, Director, JAG, CT

“I was that student [who] teachers secretly didn’t want in their class.”

The young man who said that, before an audience that included Congressman John Larson and his high school principal, was a changed person from the boy who signed up for Patty Damiani’s Jobs for American’s Graduates (JAG) class at East Hartford High School three months earlier.

JAG’s small class sizes, combined with a proven professional skills curriculum and personalized attention from a dedicated Specialist, helped the student, John Drew, transform from one who was happy to get by with Ds to one who now gives his all in each class, getting As and Bs, envisioning a brighter future and serving as a role model to his peers in the process.

JAG is a national state-based program devoted to keeping at-risk students in school through graduation and preparing them for postsecondary and career success.

JAG serves students in 32 states, and has a 35-year history of continuous program development and improvement.

JAG program applications are also available for out-of-school youth, middle school, alternative schools and college success.

For John, the tangible JAG curriculum, and the personal attention from his Specialist, gave him the tools he needed to find his focus and apply himself. He was elected President of JAG’s studentled Career Association and recently received a $200 award from his employer

for being an outstanding worker.

JAG came to CT in late 2014 as a program of the Hartford Consortium for Higher Education (HCHE), under a contract with the state’s Department of Labor and with support from partners including the state Departments of Education, Social Services, Children and Families, Economic Development, Correction and Court Support Services.

JAG CT has partnered with school districts in New Haven, Hartford, New Britain, East Hartford and Manchester, offering the senior year and alternative school programs. HCHE provides a full-time Specialist who works with a cohort of 35-45 students, divided into small classes. Partner districts provide a classroom, space in the master schedule, and assistance selecting students, who are seniors and who have an average of five identified “barriers to success.”

JAG is offered as an elective credit, with students receiving instruction and practice in 37 proven competencies, or professional skills. All participants are members of JAG’s Career Association, which elects leaders and designs and carries out community service projects, to reinforce and practice skills learned.

They also work with their Specialist on devel-oping an individual career and postsecon-dary plan. Finally, students receive 12 months of continued support following graduation.

JAG’s state affiliates are expected to meet ambitious national goals for graduation, job placement, further education, and showing a positive outcome 12 months after graduation. Independent

studies have shown JAG to double the rate of employment and triple the rate of fulltime employment for its at-risk students.

JAG’s supporters include national placement agencies and corporations, and the vast majority of employers who have hired JAG students say they would do so again.

JAG strives to be a true resource to partner districts. JAG’s national board includes top education officials from several states, as well as Governors and leaders from labor departments and state legislatures. Many state JAG affiliates have school superintendents on their Boards of Directors, as educators see the value in this unique program.

“We have been very happy to partner with JAG,” said East Hartford Superintendent Nate Quesnel. “Not only is the program great for the students who are in it, it has had a positive impact on the entire school environment.”

JAG also offers students the chance to visit Washington D.C., for leadership Train-ing, and meet and compete against their peers from around the country. John, who attends East Hartford High School, won second place in December for his performance in the Employability Skills competition, which required him to prepare a resume and job application and to take part in a mock interview.

A core JAG event, at the beginning of each school year, is an “Initiation and Installation” ceremony, in which the elected leaders and all student members of JAG’s Career Association are honored and sworn in. Students and their Specialist

work to invite school officials, elected and community leaders, and families.

In East Hartford the event took place in the school library, with many family members and school leaders turning out and student leaders joining Congressman Larson in delivering remarks.

“JAG has made me realize the definition of hard work,” John said. “It’s made me realize that when you put 100 percent effort into everything you do, good outcomes will result… Before I was that one kid in the back of the class who would do nothing and cause disruptions… JAG is what unlocked that special part of my brain and made me realize that good things aren’t going to just come to me. If I want to pursue a successful future, the beginning of that road starts now.”

“JAG has figured out how to deliver and reinforce the knowledge and behavior, and the ‘habits of mind,’ that employers require, and that students need to be successful in postsecondary education and in an organization,” explained Steve Pynn, a retired New Haven school principal and member of JAG CT’s Advisory Board. “There is no need for schools to go back and figure out exactly how to impart this to students. JAG knows how to do this, and can quickly and effectively change the trajectory for these students and deliver adults who can succeed in the workplace.”

For more information, contact JAG CT Director Liz Dupont-Diehl at lddiehl@metrohartford.com, or visit JAG National’s web site, jag.org, or JAG CT’s web site, jagct.org.

Save the Date – Be Apart of This Years March

March 2, 2016 CABE’s Day on the Hill

The Bushnell, Autorino Great Hall, Capitol Avenue, Hartford Come, learn and hear about pending Legislation before the 2016 General Assembly.

Hear from Legislative Leaders, and learn how potential legislation will impact your district.

An opportunity for CABE Member School Boards, Superintendents and staff, PTA/PTO members, students and guests to make their voices heard!

The Journal – Connecticut Association of Boards of Education/February 2016 The Face of Education in Connecticut is Changing – How Can We Be Prepared? (continued from page 1) with little education or skill, but determined to find a better life for their families. They and their children fight the same cycle of poverty they brought with them from their homelands. I have been one of the fortunate ones.

The academic achievement gap we see in our schools is not some recent trend that has come to pass because teachers aren’t doing their jobs, or because children from low-income families lost knowledge that their parents possessed.

Income inequity, racism, and all the related barriers to upward mobility that exist today for low-income families have always existed in the United States.

Long before the more recent influx of Latino immigrants, Irish, Italian and Polish families came to this country by the millions in the 1800s and early 1900s, and faced the same meager prospects that today’s minority communities face.

Why is the achievement gap such a national priority today? At the height of European immigration, children didn’t have to go to school, and their parents could scratch out a living without much education or skill.

The children in those families would not have shown up in any documentation of academic achievement in our schools – because they weren’t in school. Had they enrolled, their lack of literacy skills and other barriers to academic performance would have resulted in an achievement gap reaching back to the early days of public education in America.

Mandatory high school attendance laws and other educational reforms over the past century and a half have expanded educational attainment levels and expectations for all Americans. The demands of our economy have also changed. Even into the 1980s and 1990s, low-skilled workers could find goodpaying jobs in our factories.

Automation and foreign competition have eliminated most of those jobs or forced them offshore. We now live in an age where most new jobs will require a college degree. Given this trend and changing demographics, our economy cannot be sustained without a dramatic

increase in the number of Latinos and other minorities graduating from college.

Connecticut’s school boards are doing their part, strengthening performance evaluation of school personnel; developing mentoring programs for fledgling teachers; improving standards in teacher preparation programs; and more.

But it is time to shift the burden from the shoulders of local school boards. The gap in academic performance that exists between different sectors of our student population cannot be solved if we consider it as simply a matter of educational reform.

Strengthening our educational system must be just one of the strategies we put into place to overcome the conditions that have created the generational cycle of poverty found among our minority populations.

To address the poverty cycle in a comprehensive way, local school boards should seek the resources needed to create wrap-around services in our

13 schools. Nutrition, literacy, adult education, youth employment programs—what better place to provide these social services than in local schools? If we want to improve academic achievement at the local level, we need to address root causes cohesively at one efficient, convenient location.

Another way school boards can help close the achievement gap is by influencing national and state policy. As members of CABE, and with the relationship that Connecticut school boards have with the National School Boards Association and other advocacy groups, you have the opportunity to educate and energize other citizens in effecting state and national policy changes.

We must systematically address the root causes of low academic performance through comprehensive policies that include health care reform, nutrition, preschool literacy, after-school programs, workforce training and other family support systems.

To keep our nation strong, more children of color, urban children, and children from poor families must receive the support needed to achieve academic success.

To do so will require a national commitment to reversing the impact of the conditions of poverty that have been passed down from generation to generation.

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The Journal – Connecticut Association of Boards of Education/February 2016

The Policy Corner Vincent A. Mustaro, Senior Staff Associate for Policy Service, CABE

Policy and Effective Governance All boards of education strive to govern their school system effectively. A major school board function is to fulfill its legislative role by adopting policies to guide the operation of the school system.

Policy drives every aspect of school and board operations.

However, problems still commonly arise in school districts. The most effective boards of education minimize problems through the proper utilization of policy which provides the required leadership in partnership with the superintendent. Policy is the tool that gives the board power to allow or require action. It specifies what the board wants to see accomplished. It enables lay citizens to govern schools effectively, thereby reducing problems.

Board policy is a tool to set a legally compliant standard for the district that also is in line with the district’s stated mission and vision. Moreover, through policy a board revises or creates a new vision and mission for the district. The policy process allows the board t keep the district moving in the desired direction.

Board members must remember that they are elected to lead, not administer.

Policy is the board’s leadership tool. The board speaks through its policies which provide guidance to the superintendent and staff. Therefore, the bylaw section of the board’s policy manual should contain a comprehensive bylaw that sets out the policy development process for the board.

This process should contain the how, who and when of policy development, review, evaluation and revision.

When developing and adopting new or revised policies, the board needs to give consideration to the vision and mission of the school system. The policies should assist in the attainment of the vision and mission statements. Boards should

continuously ask, “How can we use our policy-making authority to cause our schools to become better?” Policy used creatively can result in responsible governance. Policy helps to move the system in the desired direction.

Monitor Policy Implementation After policy adoption and dissemination, it is important to monitor policy to determine that it is being followed. Keep in mind that policy should not be considered merely as a set of suggestions.

Through policy statements, the board either mandates that something happens or permits something to happen that would otherwise not be permissible. Insist that policy be followed and establish a means to monitor the implementation of policy. In evaluating the effectiveness of board policies, in addition to determining if the intended results are being achieved, also consider if there are some unintended or undesirable consequences.

Policies should be revised as deemed necessary.

Board policy provides the standards by which the district operates. Administrative regulations provide the procedures to implement those standards, It is through policy that a board states what it wants to see happen or achieved and why.

All too often, however, policy manuals and the important information they contain are not appropriately disseminated. Just as it is important to involve people in decisions that affect them, it is equally important for boards to tell people about policies that may significantly affect them.

Students, their parents/guardians, in addition to the staff and the community, need the information contained in the board’s policies. Priority initially must be

“Volunteering is the ultimate exercise in democracy.

You vote in elections once a year, but when you volunteer, you vote every day about the kind of community you want to live in.”

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given to informing students and their parents/guardians about information contained in board policies and their accompanying administrative regulations.

Many problems can be avoided by getting information to them before trouble occurs because of what they didn’t know.

The easiest and most effective way to make sure students and citizens have access to policy is to post policies online.

CABE’s Connecticut Online Policy Service (C.O.P.S.) is assisting many boards in the posting of policy manuals online with easy to use searchability.

Another major vehicle used to disseminate such information remains the student/ parent handbook.

Policies critical to student success should be included in a handbook provided to students and their parents/ guardians each year. Increasingly, these documents are also being placed online.

The policy manual should also be available in every public and school library and at the board offices.

as procedures, while not adopted by the board, unless required in some cases by law or by a board’s bylaw, provide the board with assurance that the superintendent understands and is striving to carry out the intent of the policy statement.

Remember, beyond the fact that the policy manual is a legal compliance document; it is also the governing document of the school district. This is the place that staff, students, parents and community members should be able to look to hear the voice of the board. The policy manual is the document that allows the board to make clear its leadership and direction for the district.

It is also important to consider the roles and responsibilities of administrators. The administration is charged with the implementation of the board’s policies. The administrators are the experts in their respective fields. Therefore, the board should feel comfortable stepping back and allowing the administration to implement policy utilizing their training, experience, and professional judgement.

Don’t Forget to Update Handbooks

Policy Committee

It is absolutely essential that handbooks be reviewed annually to assure consistency with changes in board policies, administrative regulations, new or revised state/federal regulations, judicial decisions and changes in local procedures and practices. It should be determined annually which policies should be contained within the handbooks of all schools in the district.

The job of policy development, like curriculum development, is an ongoing process that can never be considered finished. Policy is most important responsibility for all boards of education. It is essential that school board policies be kept current. School board policies are not static. Policy revision and updates must be viewed as an ongoing task for all boards of education. This can be accomplished in a number of ways, such as an in-depth, thorough analysis of the policy manual, annual reviews using material provided by CABE’s Policy Update Service, and discussion of identified policy areas on a regular basis at board meetings.

It is also important for the superintendent to develop written administrative procedures/regulations to assure the board that policies are being implemented fairly and consistently. Administrative regulations or procedures provide guidance for administrators in uniform administration of policy and procedures.

Administrative regulations, also known

When new board members are placed on the district’s policy committee, it is important to include seasoned board members on the committee to help train and mentor them.

The policy committee charge should include the review of policies in the manual on a continuing basis, establishing priorities for policy revision and setting review goals and schedules. A top priority is to ensure that board policies are in compliance with most recent laws and regulations.

Priorities for policy amendment and development must be set in consultation with the superintendent. The superintendent is in a position to determine and recommend important policy priorities and needs that include updating those policies that are inconsistent with current district practices, identifying policies that are unclear and therefore require revision, and identifying areas for which no policy exists, necessitating the need for new policy. The superintendent can also recommend the development of policy to reflect new district initiatives and programs.

CABE’s Policy Services is prepared to assist you fulfill your important policy responsibilities in what promises to be another challenging new school year.

Give full attention to the challenge of making schools continuously better through a vision for an excellent school system and through policy development.

The Journal â&#x20AC;&#x201C; Connecticut Association of Boards of Education/February 2016

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CABE Board of Directors Retreat Discussion Groups Board Members shared ideas and experiences in small groups.

CABE President Ann Gruenberg (Hampton) welcomed everyone to the Retreat.

Facilitator Donna Dunn, Tecker International, led the group through roles and responsibilities of board members and knowledge based decision-making.

16 The Journal â&#x20AC;&#x201C; Connecticut Association of Boards of Education/February 2016