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Focus on Technology in the Classroom Patrice A. McCarthy Deputy Director/General Counsel, CABE

A recent forum hosted by Representative Gail Lavielle and the Connecticut Commission on Children focused on the use of technology in the classroom. The goal, as described by Representative Lavielle, was to identify areas to explore to inform educators of the best usage of technology - not to develop state legislative mandates. Presenters included Dr. Christopher Dede, Professor in Learning Technologies at the Harvard Graduate School of Education, who emphasized the value of technology use both in and out of school as a vehicle to provide â&#x20AC;&#x153;life-wide learningâ&#x20AC;?.

Dr. Roberta Golinkoff, Professor at the University Of Delaware School Of

Education, cautioned that a lot of digital media has distracting elements which can inhibit student focus and learning. She promoted the use of â&#x20AC;&#x153;cyberbalanceâ&#x20AC;? to manage distractions. Members of the response panel, which included students from Kaynor Technical High School in Waterbury, discussed the value they have seen with the use of Chromebooks in the classroom for all students.

Other responders emphasized the need to first choose learning goals and then turn to the appropriate media to support reaching those goals. There is a clear need for teacher professional development in order to make the best use of technology. Responders also emphasized the goal of getting children to think and becoming responsible, engaged citizens.

State Board of Education Meets At its December meeting, the State Board of Education, had an opportunity to celebrate some successes of the Alliance Districts. Bloomfield and New London high schools achieved a level of academic achievement on the 2014-15 Smarter Balanced Assessment that allowed them to exit turnaround status. Bloomfield High School students placed in the top forty percent of all schools statewide in English Language Arts achievement, and also showed significant improvement in math, with twenty-nine percent of students performing at level three or higher, which is greater than thirty percent of all schools statewide.

At New London High School, the percentage of students performing at level

three or higher in English Language Arts was 44.3%, greater than thirty percent of all schools statewide. 19.9% performed at level three or higher in math, greater than 20% of all schools statewide.

Both school districts attributed the significant improvement in student performance to a focus on school-wide literacy and numeracy programs. In Bloomfield, reading and writing was infused into all content areas. Instructional course level teams met weekly, had common planning time embedded into their schedules, and additional time was provided for professional learning. A culture of instructional ownership was created as well as a positive school climate.

The New London turnaround process began with the communication of a clearly stated vision and development of high expectations to which all students and staff would be held accountable. A three-year professional development plan aligned with instructional improvement activities throughout the year addressed effective teaching and implementation of written curriculum.

The Connecticut Technical High School System also presented its strategic plan to the State Board. Its goals include enhanced employer engagement and alignment with industry needs; alignment between K-12, post-secondary and adult programs; and flexibility, responsiveness and innovation in responding to Connecticutâ&#x20AC;&#x2122;s workforce needs. Students from the technical high schools participated in the presentation, demonstrating their public speaking skills and their passion for their trade/technology field of study.

Patrice A. McCarthy Deputy Director/General Counsel, CABE

School Choice â&#x20AC;&#x201C; What the Research Says The National School Boards Association (NSBA) Center for Public Education (CPE) looks at the various forms of school choice, and drawing upon relevant research and statistics, the effects each has on student achievement. CPE finds that while many schools of choice do an exemplary job, â&#x20AC;&#x153;the results arenâ&#x20AC;&#x2122;t universally better than those produced by traditional public schools.â&#x20AC;? â&#x20AC;&#x153;Americaâ&#x20AC;&#x2122;s public school children are depending on us, policymakers and the public, to make informed decisions that will lead to improved outcomes,â&#x20AC;? said Thomas J. Gentzel, Executive Director, NSBA. â&#x20AC;&#x153;CPE shines a spotlight on education options in its study, finding that not all choices are equal.â&#x20AC;?

See SCHOOL CHOICE page 2

The Policy Corner

Nutmeg Board of Education

Professional CABE : Development Working for YOU

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

Changing Demographics and Economic Challenges As we begin a new year, it is natural to look back at the year(s) past, and look forward to fresh starts. Taking some moments to pause and reflect, we may consider progress that has been made along with what still needs to be done. This is a time when many make resolutions, whether it be to lose some pounds, exercise more, or shed a bad habit.

How about, however, a resolution to do all we can to continue to make the world a better place? How about making a commitment to address racism? We know that a good resolution, like any goal, must be realistic and attainable.

With the epidemic levels of violence seeming to increase recently, it is all too easy to recoil in fear or to try to turn away. Studies have indicated that prolonged exposure to violence can contribute to what is called “desensitization”.

People often begin to be numb to violence around them after a certain threshold. As horrifying as this seems, such trends have been documented. The global and national patterns are evident every day. What are some of the implications of these trends? Our focus on schools and children makes safety a paramount priority.

In addition to safety, it is essential that children are not so fearful and/or anxious that they lose an ability to focus on the content of the lessons and activities.

Children need to be safe and feel safe. They need to learn conflict resolution skills so violence is not an automatic part of their process.

While we are working to reduce violence, it helps if we remember perspectives shared by Dr. Yong Zhao at the CABE/CAPSS Convention. Maintaining a healthy global perspective is vital to the work we do. In a world changing so rapidly, the potential exists to use technology constructively.

It is wise to keep in mind that the future for which we

are preparing students will be significantly different from the world we currently live in. What sorts of skills and strategies will be needed as we Ann Gruenberg continue into the future? How may we enhance and make available opportunities for all students from a wide range of communities?

We must be mindful and careful to avoid perpetuating certain stereotypes. A shared focus on what is possible among our youth- the support for them to live their dreams – can be our “north star” as we navigate through the sea change. As we begin a new year, it is my hope that we can continue to make progress with full awareness of the complexity and intensity of the issues.

As board of education members, both new and seasoned, we can continue to engage in reflection and action-planning, with an ongoing commitment to do our best work on behalf of the students in Connecticut.

Aligning our work with the focus of other groups, including the State Department of Education, we can enhance our collective impact.

The issues of changing demographics and economic challenges can be integrated into a cohesive vision of increased equity and excellence. Our willingness to speak up as well as listen and not give up in the face of challenge can enhance work, together.

School Choice - What the Research Says color. (continued from page 1) • Private schools tend to outperform public schools School Choice: What the Research Says succinctly on national assessments. But when researchers describes the many alternatives to public schools: those controlled for students family background and within the public schools system (magnet schools, charter location, they found the reverse – public school schools, and within or between district transfers) and fourth- and eighth-graders scored higher than their without (private schools, vouchers and homeschooling), private school peers in math. In addition, math and also looks at virtually schools which can be either scores for public school stupublic or private. dents have increased steadily CPE finds that: “If the research shows us over the last 25 years, and high • Nearly nine in ten schoolschool graduation rates are at age children in the U.S. anything, it’s that school an all-time high. attend public schools, a “If the research shows us proportion that has been choice does not come anything, it’s that school choice fairly consistent for four does not come with a guardecades; 16 percent are with a guarantee.” antee,” said Patte Barth, direcenrolled in a public school – Patte Barth, tor of the Center for Public of choice. On the nonDirector of the Center for Public Education Education. “Rather, public public side, 10 percent of school leaders should look at school-age children are in their successful programs – private schools, and three percent are charters, magnet, and neighborhood schools alike – and homeschooled.

• Research on the impact of school choice on student apply the lessons learned to other schools so that the learning generally shows mixed results with studies choices parents and students have will all be good ones.”

The Center for Public Education (www.centerfor typically showing little or no difference in overall publiceducation.org) is a national resource for credible performance compared to traditional public and practical information about public education and its schools. For example, about one in four charter importance to the well-being of our nation. CPE schools outperforms its traditional public counterprovides up-to-date research, data, and analysis on part in reading, and one in five does worse. Howcurrent educa-tion issues and explores ways to improve ever, benefits seem to be greater for some groups of students, including English language learners, student achievement and engage public support for children from low-income families, and students of public schools.

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 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/January 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

Steady in the Face of Change In my January editorial, I often suggest resolutions for board members and superintendents to consider. However, this year, I feel that maybe the best way my 900-word editorial can help our members is by reminding them that in a world of change, there are important things to hang on to.

The world is in tremendous flux. The Mideast seems to be spinning out of control. We have had ISIS or ISISinspired attacks in Paris and San Bernardino. Discussion during the presidential contests seems to challenge many of our long-held, cherished beliefs about our country.

Reading a newspaper (you remember those, don’t you?) or scrutinizing an Internet story seems to show a world where there is less to depend on. We see mergers and bankruptcies where mighty, long-established companies are swept away. Cultural differences have led to uncertainty about the language to use when addressing some people and college campuses are dividing over when language goes over some undetermined line.

Staying ahead, whether in technology or almost any field of human endeavor often feels close to impossible.

In education, things are moving at a rapid speed, too. For the first time since 2001, we are no longer be subject to the No Child Left Behind Act. Now, we move to the Every Child Succeeds Act, with its many changes, both good and bad, including new flexibility for districts.

Reforms that were only established a few years ago may be pushed aside without our even being able to tell if they did or could, if continued, make a difference in student achievement.

The constant flux, 24-7 news cycle and the heightened sense of alertness that has accompanied much of the change, has led to a feeling among many of anxiety. What will be on the television news tonight?

In education, we question how can we build durable institutions, long-lasting positive cultures and legacies that will not be swept away with the next election or a subsequent change of direction at the State or local level? What will the State mandate next? Will there be sufficient funding to enable our districts to support all of our students? Do we have the human resources and skills to properly educate a changing student population?

The Board and Superintendent’s Role In all of this tumult, I think it’s important to remember that the work of boards of education and superintendent is critical in serving as a bulwark for the people of our State. Our students, even those not old enough to understand, count on boards and superintendents to provide an education that will help them make sense of the world they will be entering – even if the adults are a somewhat confused by the turmoil in that world.

Effective boards crowd out the distractions and management issues that

are best left to the superintendent and the other members of staff and instead ensure that the board focuses laser-like on the needs of the children, Board members and superintendents need to focus on the issues before them in an organized, thoughtful way. Of course, outside influences can often provide teachable moments in classrooms, when the issues are age-appropriate and there is time for a teacher to get into them. But, boards need to concentrate on what is before them even while taking these outside influences into account.

Robert Rader

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 highachieving 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

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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.

So, if I were to develop a resolution for all boards, I would propose taking a careful look at these eight principles. I would then turn some of them into goals and have the Board concentrate on them for the rest of the year.

Continue to do the best you can for your students and, in the long-run, you will develop a wonderful, long-lasting legacy which will endure even through these difficult times.

People in the News Patrice McCarthy and Lisa Steimer recently completed the requirements for the renewal of their Certified Association Executive credential. The program, offered by the American Society for Association Executives, is based on demonstration of the knowledge essential to the practice of association management, reflecting what it takes to manage an association in today’s challenging climate.

The Connecticut Association of Public School Superintendents (CAPSS) recently announced Colleen

Palmer, Superintendent, Weston Public Schools, as Connecticut’s 2016 Superintendent of the Year. Under Palmer’s guidance, Weston High School was named the top Connecticut high scholl in 2015, and ranked 47th nationally by Newsweek. CAPSS Executive Director Joseph Cirasuolo said, “her continued success in education is a testament to her dedication to the improvement of public education for all students.” Congratulations!

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

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

Policy Direction Needed to Guide Use of Restraint and Seclusion Recent Connecticut legislation, P.A.15141: AAC Seclusion and Restraint in Schools, made significant changes pertaining to the use of seclusion and restraint with students in schools.

This Act extended laws on restraint and seclusion to most public school students in grades K through 12. Previously the law applied predominantly to special education students.

The new legislation prohibits teachers, administrators, and other public school employees from using life-threatening physical restraints on any student, limits how long students can be kept in allowable physical restraints or seclusion, and specifies the types of locations in which a student may be secluded. Policy direction is needed to properly guide staff actions.

School staff is barred from using physical restraints on students or placing students in seclusion, unless the employees have been properly trained. The required training is to be phased in over three years, beginning with the current school year.

In addition school boards are required to develop policies and procedures to provide this training and establish monitoring and internal reporting of the use of physical restraints and seclusion.

These policies and procedures are to be on district websites and in procedural manuals. District policies on restraint and seclusion must be updated not later than sixty days after the State Board of Education (SBE) adopts or revises regulations, as required by this legislation, pertaining to this topic.

Parents and guardians must be notified no later than 24 hours after a child has been placed in physical restraint or in seclusion, but a reasonable effort must be made to notify them immediately after beginning the physical restraint or seclusion.

The legislation requires school boards to take certain steps for students placed in physical restraint or seclusion four or more times in 20 school days. In addition, each school must identify a crisis intervention team of school professionals, paraprofessionals, and administrators trained in the use of physical restraint and seclusion. These teams must respond to any incident requiring physical restraint or seclusion. Each team member must be annually recertified in the proper use of physical restraint and seclusion.

New Reporting Requirements New reporting requirements are now also in place. If restraint or seclusion causes the student physical injury, the school board, institution, or facility providing special education services under contract with a school board, or approved private special education

program, must report the incident to SBE. Each instance of the use of physical restraint or seclusion on a student must be recorded in the student’s educational record. The documentation must include, in the case of emergency use, the nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were signs that such an emergency might occur.

It also must include a detailed description of the nature of the restraint or seclusion, how long it lasted, and its effect on the student’s established educational plan.

Physical Restraint/Seclusion School employees, identified in the legislation and in the policy, may not use a life threatening physical restraint on a student. This is a restraint or hold that either restricts air flow to a student’s lungs, whether by compressing the student’s chest or otherwise, or immobilizes or reduces a prone student’s ability to freely move his or her arms, legs, or head.

Physical restraint or seclusion may be used only in emergencies to prevent immediate or imminent injury to a student or others. Physical restraint or seclusion may not be used to discipline a student, because it is convenient or instead of a less restrictive alternative.

A student placed in physical restraint must be continually monitored by a school employee to regularly evaluate the student for signs of physical distress and the evaluation must be entered in the student’s educational record. Monitoring can be done either through direct observation or by video, provided the video monitoring occurs close enough for the monitor to provide aid if needed.

Physical restraint is defined as any mechanical or personal restriction that immobilizes or reduces the free movement of a person’s arms, legs, or head. Exclusions to this definition exist and are a part of CABE’s sample policy. Seclusion is a student’s involuntary confinement in a room, whether alone or supervised, in a way that prevents the student from leaving.

A student in seclusion must be frequently monitored by a school employee.

The area in which the student is secluded must have a window or other fixture allowing the student to clearly see beyond the seclusion area. Students in seclusion can be monitored either through direct observation (presumably from another room) or by video, provided the video monitoring occurs close enough for the monitor to provide aid if needed. The secluded student must be regularly evaluated for signs of physical distress,

and the employee conducting the evaluation must enter the evaluation in the student’s educational record.

Time limits now exist on use of physical restraints and seclusion. A student may not be placed in physical restraint or in seclusion for longer than 15 minutes, except this may be extended for additional periods of up to 30 minutes each, if a (1) school administrator or his or her designee, (2) school health or mental health professional, or (3) board certified behavioral analyst trained in the use of physical restraint and seclusion, determines that continued restraint or seclusion is necessary to prevent immediate or imminent injury to the student or others. The administrator, health or mental health professional or behavioral analyst must make a new determination for every 30 minutes a child is physically restrained or secluded.

A school employee may not place a student in physical restraint or seclusion unless he/she has received training in their proper use. Such training must include the prevention of incidents requiring physical restraint or seclusion and the proper way to physically restrain or seclude someone.

Boards of education must create a plan to provide school professionals, paraprofessionals, and administrators with training and professional development on preventing incidents requiring physical restraint or seclusion. This plan must be implemented by July 1, 2017 and provide for the training of these individuals by July 1, 2019.

Policy Implications Policy #5144.1, “Physical Restraints/ Seclusion,” and its accompanying administrative regulation pertain to this topic. Previous samples have been replaced to reflect the detailed new legislation. Boards are required to develop policies and procedures (administrative regulations) that establish monitoring and internal reporting of the use of physical restraint and seclusion.

The requirement of this legislation that the SBE shall adopt or revise regulations pertaining to the use of physical restraint and seclusion could impact these samples.

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

• 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.

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The Journal – Connecticut Association of Boards of Education/January 2016 See You in Court – The Nutmeg Board of Education

The Nutmeg Board deals with cancelling a trip due to the international climate 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.

At the time, it seemed like a good idea.

The Nutmeg Public Schools have long cherished its friendship with its sister city of Nutmeg, Belgium, and after years of discussion and months of planning, last summer the Nutmeg Board of Education approved a trip for interested middle school students to visit Nutmeg, Belgium this spring.

Individual “pen pals” in Nutmeg, Belgium were assigned to each of the Nutmeg, Connecticut students. In anticipation of the trip, the students were asked to write back and forth with their assigned pen pal by email and instant messaging.

However, as the date for the trip approaches, concern has grown that world events and related uncertainties make the trip potentially unsafe and inadvisable.

At the last Board meeting, some parents spoke during Public Comment about their concern over international travel, and they urged the Board to make a decision on the Belgium trip sooner than later. Pamela Parent’s comments echoed the concerns of most parents.

“We thought that this trip would be fun for our children, but with all the bad news, we think it will just be frightening.

We know that we will lose a deposit if you cancel,” Pamela said, “but if you are going to cancel, do it now to cut our losses.”

Board member Penny Pincher spoke up when Pamela was finished. “I sympathize with Pamela and all these parents.

When they signed up for these trips, neither they nor we anticipated that the world would become such a dangerous place. I think that we should bite the bullet and vote to cancel the trip now.”

Board member Mal Content chimed in, “I too think that we should just cancel the trip. We don’t want to wait much longer and cost the parents even more money.

Moreover, we have to think about ourselves. If God forbid something bad happens, won’t we be liable?”

Veteran Board member Bob Bombast scoffed. “Who says anything is going to happen? This isn’t our first international trip. Besides, we can just make parents sign a permission slip that waives all liability. If parents want to send their children on trips, it should be on them, not on us.”

Mr. Superintendent spoke up. “It is true that we ask parents to waive all

claims as part of giving us permission for the trip. However, I think this should be a question of what is best for our students, not what does or does not expose us to liability.”

“But Mr. Superintendent,” Bob went on, “Won’t parents be out their deposit if we cancel now? Costing the parents their deposits is more likely to get us sued than taking our chances and going ahead with the trip.”

The debate went on for another half hour. At the end, Penny convinced everyone but Bob, and the Board voted 4-1 to cancel the trip. Did the Board do the right thing?

There is no right answer here, and superintendents and board members must make decisions concerning international travel as you see fit. However, this situation raises a number of legal issues for consideration.

First, boards of education are not insurance companies, and thus school districts are not automatically liable for any bad thing that happens. Rather, when parents bring claims for negligence against school districts, they must establish certain facts before liability can be imposed.

First, a school district must have a duty of care. If a teacher acts on his or her own and organizes a trip, for example, the school district should not have any responsibility (“duty of care”) for that trip.

However, school officials must be very clear on this point. Teachers should not be permitted to use their position and access to students to convince students and their parents to participate in their private ventures.

Rather, while teachers can engage in private activities, they should be required clearly to communicate to students and parents that any trips that they may organize are not sponsored by or affiliated with their employing school district.

Second, even when there is a duty of care, school officials will not be liable for negligence unless their actions were unreasonable. Sometimes bad things happen through no fault of teachers or administrators. Unless school officials acted unreasonably, however, they will not be liable.

Third, even when school officials act unreasonably they will not be liable for injuries to students unless their unreasonable actions were the direct cause of the injury. To be sure, when a sympathetic plaintiff makes a claim, the judge or jury will be inclined to attribute the injury to the unreasonable action. However, before liability will be imposed, the plaintiff must make that causal link.

One thing is certain – Bob is wrong in claiming that school officials can avoid

liability by asking for parents and students to waive liability claims. In serving the public, school officials would not typically wish to put parents and students to the choice of waiving legal rights as a condition for participating in a schoolsponsored activity.

But even if one agreed with Bob and thought it appropriate to do so, such waivers are ineffective. The courts have held that it is against public policy to ask someone to waive future claims of negligence.

Such waivers would typically be the result of uneven bargaining power, and absolving people of the consequences of their actions could cause people to be less careful than they should be.

This is not to say consent forms are unnecessary. Such forms serve an important purpose by notifying parents of the trip and the related conditions. Indeed, it would arguably be unreasonable for school officials to sponsor a trip without providing such information. Providing such information permits parties to make an informed choice.

Moreover, such information gives pa-

rents the opportunity to raise any special concerns that they may have, such as allergies or a need for special supervision.

Finally, in discussing and taking action here, the Nutmeg Board of Education violated the Freedom of Information Act. Boards of education must include on their meeting agendas any items on which they will conduct discussion or take action.

A brief comment in response to a point raised during Public Comment should not be considered a “discussion” and thus should not be a problem. However, here, Pamela Parent’s request during Public Comment became a springboard for lengthy Board discussion and action.

Discussing whether to cancel an international trip was certainly an important topic, but if the Board wants to discuss that topic, it should have added the item to the agenda (permissible only at a regular meeting), or put that topic on a future agenda for discussion and action.

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/January 2016

Book Review Improving School Board Effectiveness: A Balanced Governance Approach, edited by Alsbury and Gore Over the last few years, many books have been written about approaches to the work of boards of education and their superintendents of schools.

Some have argued that the approach publicized by John Carver, where the superintendent is given very broad goals by the board and then evaluated on those goals, with the understanding that the board will, basically, “get out of the way” is one approach. This “business model”, where the CEO is tasked with getting the work done and downplays the board of directors has met with only limited success when tried in Connecticut.

We’ve seen boards (or individual board members) step over the “line” between policy and administration, as we have seen superintendents doing the same, often by failing to communicate with each other. One of our most important services at CABE is to try to facilitate these conversations – including helping the team develop reasonable and appropriate expectations on all sides.

Often when board leadership appears to have failed, approaches have included state takeovers with boards dismantled, mayoral takeovers and decentralization.

These are often last-ditch attempts to help the districts.

CABE and CAPSS have worked hard, with the assistance of LEAD Connecticut to develop a Governance Statement that envisions the board and superintendent as a team, working together to raise student achievement and ensuring that the district

operates as efficiently and effectively as possible. We are aware, of course, that the exact division of responsibility is best left to the local board and superintendent, with each contributing to accomplishing the mission of the district.

The “best practices” approach our organizations have developed over many years fit right into the central idea of this book.

The editors of Improving School Board Effectiveness are Thomas Alsbury and Phil Gore, both of whom have spent many years serving in various roles in school districts and other capacities providing boards with “leadership solutions”. Their book contains chapters written by several people who have many years of working with boards and advising them on how to handle the many issues that face boards.

Most of one chapter was written by CABE Senior Staff Associate for Field Services Nick Caruso and CABE Consultant Warren Logee on our Lighthouse Project, which has been successful in focusing boards on student achievement.

Alsbury and Gore advocate for

a“balanced governance” model. Alsbury provides a strong basis for school boards and local decision making and the model he suggests, is not a single prescribed program, instead, it “supports and promotes ‘balance’ – discouraging micromanaging on one end of the governance continuum and a disengaged, rubberstamping board on the other.”

Board members are encouraged to “play a constructive part in monitoring and supporting student progress through informed oversight.” It “equips boards to use detailed knowledge of learning and teaching to better interact with community stakeholders, and craft targeted policy language that intelligently oversees formative progress on adopted processes and programs.” He then describes how he sees this playing out in reality.

While this approach is not really new, the authors of the chapters spell out some ways in which boards can approach their roles and responsibilities.

Here are some of the ideas expressed: • “if a board does not create the

Connecticut School Attorneys Council The Connecticut School Attorneys Council held their Annual Meeting in conjunction with the CABE/CAPSS Convention.

Peter Maher (Shipman & Goodwin) was elected President, Melika Forbes (Shipman & Goodwin) was elected Secretary and Patrice McCarthy was re-elected Treasurer.

The attorneys discussed the status of the recent teacher and administrator contract negotiations. The looming imposition of the federal Cadillac Tax on health insurance plans has necessitated language providing for contract reopeners. CABE and CAPSS are continuing their work with their national associations to repeal the tax.

Patrice and Rebecca Adams provided an update on the status of the Connecticut Coalition for Justice in Education Funding lawsuit, challenging the adequacy of Connecticut’s funding system. This case will go to trial in Superior Court in January 2016, but final resolution, which will likely include an appeal to the Connecticut Superior Court, is years away.

Patrice also provided information on resources available through NSBA’s Council of School Attorneys and the upcoming law seminar in Boston (April 2016).

Patrice A. McCarthy Deputy Director/General Counsel, CABE

appropriate environment for the superintendent – either by setting and supporting expectations of student achievement or by not interfering in a superintendent’s actions focused on this outcome – then student achievement will not improve at a high rate.”

• Cultural responsiveness “is simply missing from most school board standards of excellence. The element provides context by focusing on diversity within each community.

Indeed, within some school districts generational, political or economic diversity may influence board effectiveness and their [sic] ability to hear the voices of all stakeholders in addition to the more prominent focus on racial, ethnic, and gender diversity. The point here is that all forms of diverse thought and ideology are critical to the board’s success…”

• “Effective boards must monitor measures of organizational culture, like a belief that “all students can learn,” or that “all opinions (positive and negative) are valued and heard’…”

Monitoring progress towards district goals has these benefits: - “Increasing the board’s ability to control its agenda…

- Focusing the information that comes to the board on board-level interests, not staff-level interests…

- Saving board time for areas needing special attention…

- Saving staff and board members time in preparing for meetings…

- Eliminating window-dressing staff reports that focus only what is going well while glossing over poor results.”

Gore summed up the book’s premise: “we highlight the importance of the relationship between an elected school board and a hired superintendent as a critical factor in student success. This intersection of democratically elected lay citizens and hired professional administrators represents a pivotal opportunity for district outcomes. It behooves each conscientious board member and superintendent to strive to make the relationship and the critical work of the governance team a success.”

While there may not be any “aha” moments in this book, it is well worth a read by board members and superintendents struggling to build a team and develop a progressive culture in the district that will filter down to teachers and students, as well as parents and other members of the community. Only by doing this, will a board and district be as successful as it can be.

Robert Rader Executive Director, CABE

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

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

What the Starbucks Experience Teaches Us About YOUR Professional Development Lisa Steimer Sr. Staff Associate for Professional Development, CABE

Were you one of the many left out in the rain on in February 2008 without your quad, two-pumps vanilla, one and onequarter pumps sugar-free hazelnut, ristretto latte with one-quarter soy, onehalf nonfat, one -quarter organic milk, extra hot, with three ice cubes and whip; espresso?

For three hours on that day, Starbucks closed its 7,100 company-operated stores at 5:30 p.m. to retrain approximately 135,000 employees or in Starbucks-speak, “partners.” Starbucks in 43 countries outside the U.S and licensed locations will complete this training in the next month or so.

While certainly a risk that at least one competitor jumped to take advantage of (Dunkin’ Donuts offered 99 cent hot or cold espresso-based drinks that night), Starbucks took a stand. Starbucks told us, the consumer, how important training that will enable them to better serve its customers is to the company. This was so important that Starbucks was willing to lose revenue. They viewed it as an investment in the company.

In Joseph Michelli’s book The Starbucks Experience, he states that “Starbucks management takes pride in the company being ‘the leading retailer, roaster and brand of specialty coffee in

the world,’ but also recognizes that people flock to the company’s stores for the total Starbucks Experience.”

This move by Starbucks and its Chairman and CEO, Howard Schulz, is a clear sign the company is serious about the training of its employees and, in turn, the experience and product provided to customers.

Much like the Starbucks shutdown, schools close for the professional development of teachers. This practice is accepted as being necessary in order for our teachers to focus solely on practices that will enable them to provide the best possible education to our children.

Shouldn’t your district also invest in board members’ skills and knowledge? As the governing body for your district, your continuing education is just as important as that received by those in the classroom, building administrators and your superintendent. Shouldn’t school districts make the investment in board member professional development?

Why is whole board and board member professional development so critical?

• Board members play a critical role in setting the vision, goals and direction of the school district.

Board members need to keep up-todate on issues and trends affecting public education.

• Many board members join their boards with little understanding of

their roles and responsibilities and need to better sharpen their knowledge in this area.

• It’s critical to bring all board members to the same level of knowledge about the district, educational trends, legal concerns and other issues, which are becoming more complex.

• It takes hard, collaborative work to build the most effective board possible.

• It’s critical to learn the skills involved I working with others to be the most effective board member possible.

As a board member, it is your own professional development that will provide you with what you need to do your part to provide high quality education for all children in your district. You are encouraged to take advantage of the Board Member Academy Programs that CABE will offer during the remainder of the 2015-2016 year and beyond.

CABE staff also provides workshops for individual boards to meet their specific needs. Workshop topics include, but are not limited to, roles and responsibilities, goal setting, self evaluation, and Freedom of Information Act. We recognize the personal sacrifice that attending professional development programs can mean to your professional and family life. We make every attempt to offer workshops at different times of the

day, as well on different days of the week.

Some workshops do not lend themselves to being held later in the day, because of the length of the workshop. Our late afternoon workshops and our “Hot Topics” workshops, which are held early in the morning, are aimed at helping people who work, since they can attend and then head back to work or right home afterwards, without tying up a lot of the day.

Additionally, participating in CABE’s professional development programs allows you the opportunity to: • Be a part of a large statewide organization with strong national ties.

• Network with over 600 education leaders from Connecticut and around the country at the annual CABE/CAPSS Convention.

• Form valuable relationships with other knowledgeable CABE members and staff.

In a press release, Starbucks’ Schultz said of the company’s partners, “The equity of the brand is based on the experience they create, and we want to unleash that creativity and that passion.

They have it. We just have to give them the tools and the resources for it to come out.”

Make the investment and let CABE give you and the other members of your board the tools and resources you need to be the most successful you can be!

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

CABE New Board Member Orientation and Leadership Conference

Pre-Conference Sessions

Sherri DiNello, Director of Business and Finance, Southington and Joe Martino, Director of Finance, Danbury, discussed school finance.

Lisa Steimer, Sr. Staff Associate for Professional Development, CABE, welcomed everyone to the pre-conference session.

New Board Member Orientation and Leadership Sessions

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Rebecca Adams, Senior Staff Attorney, CABE, discussed the Freedom of Information Act and Robert’s Rules.

Sharon Fuller, Consultant, State Department of Education discussed Teacher and Principal Evaluation and Support.

Participants learned from Jennifer Webb, Consultant, State Department of Education who led a discussion on Connecticut Core Standards.

Connecticut Education Commissioner Dianna Wentzel talked about the future of public education in Connecticut.

Marji Lipshez-Shapiro, Director of Education, Connecticut Anti-Defamation League talked about what school boards need to know about cultural competency.

New board members and experienced board member from across the state attended this conference.

2016 Connecticut Teacher of the Year Jahana Hays, Waterbury, addressed the conference participants.

CABE staff members Patrice A. McCarthy, Deputy Director/General Counsel; Rebecca Adams, Sr. Staff Attorney; and Sheila McKay, Sr. Staff Associate for Government Relations discussed the statutory requirements, legal issues and advocacy.

Moderator Robert Rader, Executive Director, CABE with panelists Sal Pascarella, President, CAPSS and Ann Gruenberg, President, CABE, discussed roles and responsibilities and leadership.

CABE Consultants Mary Broderick and Robert King talked about community engagement.

Vincent Mustaro, Sr. Staff Associate for Policy Service, CABE, talked about the school board’s policy role.

Nicholas Caruso, Sr. Staff Associate for Field Services, CABE, talked about the common mistakes board member make and how to avoid them.

Robert Rader, Executive Director, CABE, facilitated a leadership roundtable discussing a wide array of topics of interest to board members.

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

The

Media Message

from Ann Baldwin, Baldwin Media Marketing, LLC

A Conversation with Caroll Spinney (Big Bird) on the Importance of Public Education “Get a good education and do what you love,” just some of the words of wisdom from Carroll Spinney, whom I had the pleasure of interviewing prior to his Keynote presentation at the 2015 CABE/CAPSS Convention in November at the Mystic Marriott.

While you might not recognize the face, the voice has been that of Sesame Street’s Big Bird and Oscar the Grouch since 1969 and at 80-years old, Spinney says he has no intention of slowing down.

In our interview, Spinney spoke of how he got his start as a puppeteer at the age of eight, when his mother bought him a five-cent puppet and he would hold puppet shows at his home, charging 2-cents a person for admission, which he boasts was a lot of money for a kid his age back then. He was also very proud of that fact that recently, his wife Debra found the puppet in an old box.

He spoke of always being the shortest kid in his class at school and back then he was teased quite a bit. Today, he boasts that as Big Bird, he proudly stands, 8-foot 2inches tall and that, he says gives him a lot of satisfaction.

“I really regret the fact that I didn’t pursue a formal education as a teacher, but looking back that is really what I have become.” He says in the beginning, Sesame Street was highly criticized, but today he is very proud of the fact that 4,000 shows later, this program that is shown in 148 countries has prepared millions of children for

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

early education. “Children who have watched Sesame Street on a regular basis are better prepared for kindergarten and do much better in school,” said Spinney.

In my quest to find something about the voice behind Big Bird and Oscar the Grouch that most people don’t know, Mr. Spinney revealed to me that his cousin recently traced their family tree and in doing so revealed that he is a distant cousin of President Barack Obama (fifth cousin, twice removed on his mother’s side). He said that he (Big Bird) often worked with First Lady Michelle Obama

on her “Let’s Move” campaign and that apparently when she broke the news to her daughters recently that they were distantly related to Big Bird, they were thrilled!

This is a man who has earned four Emmy Awards, two Gold Records and two Grammys. Additionally, he is the author of The Wisdom of Big Bird (and the Dark Genius of Oscar the Grouch): Lessons from a Life of Feathers.

I have to say, that I have interviewed many famous people over the years, but never have I met a man so sweet, smart and humble, which is why it is no surprise that his characters have had such a positive influence on the early education of generations of children all over the country.

Thank you Mr. Caroll Spinney, the pleasure was all mine!

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 (nonmembers) plus shipping and handling.

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The Journal – Connecticut Association of Boards of Education/January 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 representing Connecticut school boards on the state or national level:

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Participated in High School Graduation Task Force meetings.

Participated in Mastery Exam Task Force meeting.

Attended New England Association of School and Colleges Annual Conference.

Attended CREC Council meeting.

Chaired NSBA Council of School Attorneys Awards Committee conference call.

Attended State Board of Education meeting.

Took part in teleconference with Big 6 (CABE, CAPSS, CAS, CBIA, CCER, ConnCAN) on school funding issues.

Met with Northeast School Boards Association Executive Directors on issues of mutual concern.

Participated in discussion of Connecticut districts becoming involved in a Michael Fullan project.

Particpated in Achieve meeting, discussing education issues across the United States.

Participated in WhatWillOurChildren Lose Coalition (CABE, CAPSS, CAS, CASBO) meeting.

Took part in NSBA committee of executive directors teleconference on a new professional development program.

Participated in Connecticut AntiDefamation League Board of Directors’ meeting.

Attended Birth to Three Leaders meeting.

Attended legislative breakfast sponsored by the Bloomfield Board of Education.

Attended meeting of the Connecticut Commission for Educational Technology.

Met with consultants of the State Department of Education to discuss student health issues and policy initiatives.

Attended a meeting of the Chronic Absenteeism Strategic Action Group meeting.

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Member Orientation and Leadership Conference. Had phone planning meeting with Marji Lipshez-Shapiro, who presented a joint session at the CABE New Board Member/Leadership Conference.

Facilitated Roles and Responsibilities workshop with the Columbia, Bristol, Brookfield, New Haven, Oxford, Plymouth, Redding and Trumbull Boards of Education.

Provided policy information to 28 districts, one RESC, one newspaper and one non-profit organization through 53 answered requests for information or sample policies, on 44 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 transportation, use of restraint and seclusion, bullying, tutoring, staff development, child abuse reporting and naming of facilities.

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➤ By ensuring members

receive the most up-todate communications:

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➤ By providing services

to meet members needs:

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Participated in legislative discussion with the Bristol, New Canaan and Thomaston Boards of Education.

Participated in LEAD Connecticut Partners Meeting, discussing growing future school and district leaders.

Completed an audit of the policy manual of the East Hampton Public Schools.

Trending legal topics were: Loudermill (employee due process)

hearings; Freedom of Information Act: disclosure of teacher evaluations, meetings by email on social media and party caucuses; challenging student residency; ruling motions out of order under Robert’s Rules; and court rules in favor of District 14, validating bond referendum results.

Currently in process of completing the audit of the Southington policy manual.

Entered into an agreement to place the policy manual of the Canterbury Public Schools online utilizing the Connecticut Online Policy Service.

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

As part of the development of new policy manuals utilizing the Custom Policy Service, materials were prepared for Branford, New London, North Haven, Portland, Ridgefield and Wallingford Boards of Education.

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Save the Date March 2, 2016 CABE’s Day on the Hill

to increase student achievement

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Met with Joe Renzulli, UCONN professor, and expert on gifted education.

Participated in meeting of the Professional Educators Advisory Committee (PEAC).

OOPS! The wrong picture for the Plainfield Board of Education was printed in the December CABE Journal. Congratulations to the Plainfield Board of Education.

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.

for members to learn how to better govern their districts: Planned and implemented successful CABE/CAPSS Convention.

Planned, implemented and participated in a successful New Board

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Sent out two issues of Policy Highlights via email listserv covering topics that affect student achievement. This included the “Every Student Succeeds Act,” changes to the SAT, ELL and bilingual education.

Held a planning retreat with the Winchester Board of Education.

Facilitated a board goal planning session with the Columbia Board of Education.

Attended a meeting of the Lighthouse training team.

Participated in a Pullman & Comley seminar on collective bargaining contract negotiations and grievance arbitrations, FOIC complaints regarding confidentiality of teacher evaluation.

➤ By helping school boards

➤ By providing opportunities

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Plainfield Board of Education with Commissioner Wentzell and CABE Vice President for Professional Development, Elaine Whitney (Westport).

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

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