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“Out of the public schools grows the greatness of a nation.” - Mark Twain

CONNECTICUT ASSOCIATION OF BOARDS OF EDUCATION

Fall Meeting of Superintendents’ Administrative Professionals Monday, October 18, 2021 | 12:00 pm - 1:45 pm Virtual

AGENDA 12:00-12:15 pm Successes and Opportunities: A Time to Share Facilitator: Lisa Steimer, Sr. Staff Associate for Professional Development and Communications, CABE 12:15 -1:00 pm Legal Update COVID-19 Challenges Executive Orders - Masks, Staff Vaccination/Testing Board of Education Meetings In-Person/Virtual Maintaining Safety and Civility Statewide Issues Bus Driver Shortages HVAC Upgrades

Presenters: Patrice McCarthy, Deputy Director and General Counsel, CABE Conrad Vahlsing, Staff Attorney, CABE

1:00 – 1:20 pm Policy Adoption Presenter: Vincent Mustaro, Sr. Staff Associate for Policy Services, CABE 1:20-1:45 pm

Looking Beyond COVID-19

Facilitator: Lisa Steimer, Sr. Staff Associate for Professional Development and Communications, CABE

Introduction Script for Board Meeting Good evening. As Secretary of the Windsor Board of Education, I wish to extend a warm welcome to everyone present and to our television viewers. The Board, Superintendent, and I are pleased that you have joined us as we celebrate achievement, review information, and make policy decisions related to the effective operation of the Windsor Public Schools. This is a regular meeting, and all items that will be discussed or voted on this evening have been posted as required by state law. Our mission is to develop the genius in every child and create life-long learners. As the Windsor Board of Education, we are here to set goals; listen to reports of the Superintendent; approve budgets, contracts and personnel appointments; and, make policy for the district. We are not here to make management decisions or solve the problems of individuals. Management is the responsibility of the Superintendent. Meetings of the Board are open to the public. It is the time when the Board conducts its business of governing the school system in a public arena. The regular meetings are not meetings with the public. Therefore, comments from the audience will be confined to the time designated for the public to address the Board. Decorum and courtesy are important elements in effective public meetings. Please silence your cell phones or communication devices and refrain from talking while others are speaking. Since it is legally mandated that proceedings be accurately recorded, the Board Chair may have to ask for order periodically, should noise begin to interfere with our recording capabilities. I am pleased that you have taken the time this evening to join us. We are very proud of this school system and thank you for your interest in the Windsor Public Schools.

Introduction Script for Board Meeting Good evening. As Secretary of the Bloomfield Board of Education, I wish to extend a warm welcome to everyone present and to our television viewers. The Board, Superintendent, and I are pleased that you have joined us as we celebrate achievement, review information, and make policy decisions related to the effective operation of the Bloomfield Public Schools. This is a regular meeting, and all items that will be discussed or voted on this evening have been posted as required by state law. As the Bloomfield Board of Education, we are here to set goals; listen to reports of the Superintendent; approve budgets, contracts and personnel appointments; and, make policy for the district. We are not here to make management decisions or solve the problems of individuals. Management is the responsibility of the Superintendent. Meetings of the Board are open to the public. It is the time when the Board conducts its business of governing the school system in a public arena. The regular meetings are not meetings with the public. Therefore, comments from the audience will be confined to the time designated for the public to address the Board. Decorum and courtesy are important elements in effective public meetings. Please silence your cell phones or communication devices and refrain from talking while others are speaking. Since it is legally mandated that proceedings be accurately recorded, the Board Chair may have to ask for order periodically, should noise begin to interfere with our recording capabilities. I am pleased that you have taken the time this evening to join us. We are very proud of this school system and thank you for your interest in the Bloomfield Public Schools.

New Canaan Board of Education – statement on agenda and read prior to comments from the public

The Board of Education expects mutual respect, civility and orderly conduct among all individuals on school property, at school events, and in communications with District employees. The Board encourages positive communication and discourages volatile, hostile or aggressive actions. The Board seeks public cooperation with this endeavor. To ensure the public’s right to be heard, the board has set aside time during the meeting for public comments. Two minutes will be allotted to each speaker and a maximum of 15 minutes to each subject.

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Virtual Board Meetings

October 18, 2021

Regular and special board meetings can be either fully‐virtual or partially virtual until April 30, 2022 (Source of end date: Section 149 of Public Act No. 21‐2)

It is not mandated that board meetings be conducted in either fashion, simply that these are permissible options until the end date 2

The requirements for regular and special board meetings will be broken down into what is required before a meeting, what is required during a meeting, and what is required after a meeting

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Virtual Regular Meetings I. Requirements before virtual regular meetings

At least 48 hours before the meeting, notice of the meeting must be sent directly to the members of the agency, which can be done either in writing or electronically, AND, notice that the meeting will be held virtually must be posted: 1) in the superintendent’s office or with the town clerk 2) on the district’s website (if there is one), and 3) for multi‐town boards (regional boards), in the town clerk’s office for each town

Note: the requirement to post the notice of a regular, virtual meeting on the agency’s website is not a requirement for regular, non‐virtual meetings under the FOIA, but it is considered a good practice to do so 5

At least 24 hours before the meeting, the agenda for the fully or partially virtual meeting must be posted in the same three locations as the notice that the meeting will be virtual (in the agency’s office, on its website, and with the town clerk)

Important note: the notice of the meeting and the agenda should include instructions on how to access the virtual meeting, and, if participation and comments are allowed, instructions on how to do so 6

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If a board meeting will be fully virtual, there are several requirements related to accessing the meeting: Upon request of a member of the public, the agency must provide him or her with a physical location and any necessary electronic equipment to attend the meeting (the request must be in writing and provided at least 24 hours in advance of the meeting) If said request is made, the person must also be allowed the same ability to comment and participate as if the meeting was non‐virtual. HOWEVER, if the electronic equipment should fail and the person should lose the ability to participate, the meeting need not adjourn or be postponed 7

Virtual Regular Meetings II. Requirements during virtual regular meetings

Fully‐virtual meetings must be recorded or transcribed, except for executive sessions

If a quorum of the board participates in a fully virtual meeting from the same physical location, that location must be made available for the public to attend from as well

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If the electronic equipment used to conduct the meeting should fail, or if a board member’s equipment should fail and that board member’s presence is necessary for a quorum, the meeting can be resumed after waiting at least 30 minutes, but not longer than 2 hours, from when the failure occurred

There are requirements for the resumption of the meeting in this scenario, see next slide . . .

Resumption of meeting . . . ‐ The resumption of the meeting can be done either in person, if a quorum is present in person, or virtually, if a quorum is present either fully or partially virtually ‐ If a meeting is resumed, or will be resumed, the board should, if practicable, post a notification on the district’s website regarding the approximate time of resumption, or the time of any adjournment or postponement ‐ If a meeting is resumed, the public’s access should also be restored if possible Note: At the outset of the meeting, the board may announce procedures to be followed should the electronic equipment should fail

If the electronic equipment of a member of the public should fail and the person loses the ability to participate in a fully virtual meeting, the meeting need not be adjourned or postponed HOWEVER, if a board member’s electronic equipment should fail during a fully virtual meeting, the meeting should be adjourned or postponed only if that board member is necessary for a quorum to be present

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It is important that each time a person speaks during a virtual meeting, he or she identifies themselves by name, and title if a board member (the legal standard here is that people speaking during a virtual meeting should make a “good faith effort” to identify themselves before speaking) When a virtual regular meeting occurs, if any board member is participating virtually, all votes at said meeting must be taken via roll call, unless the vote is unanimous The minutes of the meeting must detail which board members attended virtually, and which board members attended in person

If member of the public, or a group of members of the public, should disrupt the virtual meeting with disorderly conduct, and order cannot be restored, then that person or persons can be electronically removed from the meeting either until their conduct returns to composure, or if necessary, until the meeting is over

Virtual Regular Meetings III. Requirements after virtual regular meetings

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Within seven days after the meeting, the recording or transcription must be posted on the district’s website AND be made available in the district’s office for public access. The recording and/or transcription must be made available for at least 45 days Identical to non‐virtual meeting requirements, the minutes of a fully virtual or partially virtual regular meeting must be made available within seven days after the meeting for public inspection in the district’s office or in the office of the superintendent Any votes taken by board members must be written down and be made available for public inspection within 48 hours after the meeting, and such votes must be noted in the minutes 16

Virtual Special Meetings I. Requirements before virtual special meetings

Slightly different from the requirements for a regular meeting, the notice of the special meeting AND the agenda of the special meeting, whether the meeting is fully virtual or partially virtual, must be posted at least 24 hours before the special meeting: ‐ on the district’s website (if available) ‐ in the superintendent’s office or with the town clerk The notice and the agenda must state whether the special meeting will be fully virtual or partially virtual, and include instructions for members of the public to attend, and to participate if such participation is allowed 18

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Virtual Special Meetings II. Requirements during virtual special meetings

The minutes of the virtual special meeting must list which board members attended in‐person and which attended virtually If the electronic equipment used to conduct the meeting should fail, or if a board member’s equipment should fail and that board member’s presence is necessary for a quorum, the same requirements for virtual regular meetings apply (see slides 10 and 11 for the requirements)

It is important that each time a person speaks during a virtual meeting, he or she identifies themselves by name, and title if a board member (the legal standard here is that people speaking during a virtual meeting should make a “good faith effort” to identify themselves before speaking) When a virtual special meeting occurs, if there is any board member participating virtually, all votes at said meeting must be taken via roll call, unless the vote is unanimous The minutes of the meeting must detail which board members attended virtually, and which board members attended in person 21

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Virtual Special Meetings III. Requirements after virtual special meetings

The minutes of a fully virtual or partially virtual special meeting must be made available for public inspection within seven days after the meeting in the district’s office or in the office of the superintendent Any votes taken by board members must be written down and be made available for public inspection within 48 hours after the meeting, and such votes must be noted in the minutes

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Comparing Virtual vs. In‐Person Meetings

Notice

In‐Person Regular Meetings

Virtual Regular Meetings

By January 31st, the schedule of all regular meetings for the year must be filed with the town or city clerk, or for regional boards, with the clerk for each town or city

The schedule of the year’s regular meetings must abide by the in‐person requirements, AND at least 48‐hours before the meeting: (1) each member must be notified that the meeting is to be virtual and (2) notice that the meeting is to be virtual must be posted (i) with the town clerk (or in the superintendent’s or the district’s office), (ii) on the district’s website, if there is one, and (iii) with the town clerk (or in the superintendent’s or the district’s office) of each town of a regional board

No meeting can be scheduled within 30 days of the posting of the schedule

Agenda

Posted at least 24‐hours before the meeting in: (1) the district’s or superintendent’s office; and (2) the office of the town clerk for each district in a multi‐district board (this only applies to regional boards)

Posted at least 24‐hours before the meeting in: (1) the district’s or superintendent’s office; (2) the office of the town clerk for each district in a multi‐district board (this only applies to regional boards); and (3) on the district’s website if available

Posting on the district’s website is advised as a best practice, although not actually required by the FOIA Minutes

Within seven days of the meeting, the minutes must be made available for public inspection

In‐Person Special Meetings

Virtual Special Meetings

Notice

Notice of the special meeting must be posted at least 24‐hours before the meeting (1) on the district’s website if available, and (2) in the superintendent’s or district’s office (or with the town clerk)

Agenda

Posted at least 24‐hours before the meeting (1) on the district’s website if available, and (2) in the superintendent’s or district’s office (or with the town clerk)

Posted at least 24‐ hours before the meeting (1) on the district’s website if available, and (2) in the superintendent’s office or district’s office (or with the town clerk)

Minutes

Within seven days of the meeting, the minutes must be made available for public inspection

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Important Notes:

‐ The terms “public agency” and “agency” in the FOIA and Public Act No. 21‐2, when discussed in the context of board of education meetings, refers primarily to the school district. See Definitions, in FOIA Sec. 1‐200(1). Also, the phrase “political subdivision of the state” used in the FOIA refers to local government (city, town, municipality, etc) ‐ When calculating any of the timing requirements, for either regular or special meetings, exclude weekends, legal holidays, and days on which the district’s or superintendent’s office is closed ‐ For the purpose of defining when a public meeting occurs under the FOIA, a superintendent is considered a single‐member public agency! However, a superintendent’s staff or administrative meetings are expressly exempt from the definition of a public meeting, but be careful here, because if outside parties participate, or if a “hearing or other proceeding” is conducted, a public meeting can be inadvertently created

Sources: Section 149, Public Act No. 21‐2 FOI Commission’s Summary of Public Act No. 21‐2 (A Primer Regarding Public Meetings Held Using Electronic Equipment) Connecticut Freedom of Information Act (14 C.G.S. Sec. 1‐200‐et seq.)

Fall Meeting of Superintendents’ Administrative Professionals October 18, 2021

“Policy Adoption” by Vincent A. Mustaro, CABE Senior Staff Associate for Policy Service I.

Overview a. The Board of Education has the primary function of providing policies to guide the actions of those to whom it delegates authority. i. Can be an arduous task in the best of circumstances, times. ii. Time consuming, difficult to keep up-to-date. iii. General Assembly has impacted an unprecedented number of new policies, revisions to existing ones. iv. Executive Orders and DPH guidance have contributed to the time problem. v. Vaccine policy revised three times within a 3-4 week span- flies in the face of the normal time needed for adoption process at local level. b. The formulation and adoption of these written policies constitutes one method by which the Board of Education exercises its leadership in the operation of the school system. c. During current health pandemic emergency, the superintendent provided direction, with and without policies (EO’s DPH. SDE).

II.

Adoption Process a. Usually the responsibility of the superintendent to keep the board informed as to legal changes at both the state and federal levels impacting existing policy or creating the need for new policy. i. A lot of issues impacting the superintendent and boards at the current time. b. Policies may be proposed for adoption, amendment/revision or repeal at any regular board meeting or a special meeting or by the Superintendent. c. The superintendent or his/her designee is responsible for bringing the proposed policy statement revisions or new policies to the board’s attention. d. Common practice to work through the board’s policy committee. i. Such committee reviews and proposes policy changes, revisions, new policies, deletions often based on CABE update materials/notifications and/or local district needs. ii. An administrative liaison to the policy committee can help to keep its work on track. iii. The superintendent or assistant superintendent, director of operations (in a larger district) commonly fulfill this role. iv. The policy committee makes the recommendation to bring the new or revised policy, or recommendation for rescission to the board for its consideration, through the superintendent as part of the agenda formulation process.

e. In absence of a committee, the responsibility falls to the superintendent. i. At times it will/can be the policy committee making a recommendation to the superintendent to place the policy(s) in question on the board meeting agenda. f. The adoption of board policies usually follows the following sequence, except for policy actions to be taken on emergency measures: i. Collect information on the need for policy and feedback from staff directly connected to the policy. ii. Review by the board policy committee and recommendations to the board. iii. Placement on the agenda, and distribution of the proposed policy, as an agenda item at a regular or special meeting of the Board. iv. Proposed policy, policy revision placed on district website to solicit feedback. v. Received (common procedure) as a first reading of the policy document subject to further review by school district officials and members of the community, staff etc. 1. First reading is an information item and no action is required by the Board. 2. A first reading announces that a new policy, a revision of an existing policy or consideration to rescind a policy, is being considered by the board. 3. Comments, questions, concerns and recommended edits should be forwarded to the superintendent prior to the meeting in in which the policy is recommended for a second reading and/or adoption. 4. Second reading/adoption of a proposed policy or policies is an action by the board and may be placed on the consent agenda. 5. Any revisions to a policy from the first reading will not require the policy to go through an additional reading, except as the board determines that the revision(s) need(s) further study and an additional reading would be advantageous. 6. Discussions and final action by the Board at its next or subsequent meeting. vi. If a policy is revised because of a legal change (technical) change over which the board has no control or the change is minor, the policy may be approved at one meeting at the discretion of the board. III.

Other Considerations a. Usually, according to board’s bylaw, the policies introduced and recommended to the board will not be adopted at the initial meeting, until a subsequent meeting. This provides time to be given to further study and also to present an opportunity for interested parties to react. b. Policies that deal with matters of an emergency nature may be introduced at any regular or special meeting of the board.

c. There is no statutory requirement for a first reading, but it is considered a recommended best practice to do so. d. The process is spelled out in the district’s bylaws i. #9311 – Formulation, Adoption, Amendment of Policies ii. #9312 - Formulation, Adoption, Amendment of Bylaws iii. #9313 - Formulation, Adoption, Amendment of Administrative Regulations iv. #9314 – Suspension of Policies, Bylaws and Regulations e. During discussion of a proposed policy, the recommendation of the policy committee, if the board has one, and the views of the public, parents, students, and staff are considered. f. Temporary approval may be granted by the board in lieu of formal policy to meet emergency conditions or special events that will take place before formal action can be taken. g. Board members may provide, during discussion of a proposed policy, amendments to the policy. Amendments do not require additional readings of the policy, except as the board determines that such amendment(s) needs further study and that an additional reading would be desirable. h. Board adopts by majority vote. i. The minutes of the board meeting must record the adoption of the policy in order for it to become official board policy. j. It is good practice to attach to the minutes the policies and any amendments adopted by the Board. k. Unless otherwise specified by the board, a policy is effective as of the date it is adopted by the board. IV.

Closing Thoughts a. Policy work is ongoing-it never ends! b. Legislation, new issues, judicial decisions, changing views of board constantly impact policy. c. Policy adoption work often pushed aside because boards cannot push aside budgets, negotiations, latest crisis (pandemic, curriculum), shear number to deal with due to legislative activity. d. No formal oversight process regarding compliance in existence (Yet to find a district with all mandated policies!). e. The capacity of boards to keep up is at risk or has been reached. f. Suggestions i. Need to determine policies which need to be updated, added. ii. A yearly calendar by policy topics/ Series etc. is helpful. iii. Create a policy calendar with dates for the policy committee to review and submit policies to the superintendent.

Temporary Covid-19 Policies a. 2140.1 Superintendent Succession b. 3516.6 Operations of Schools During Covid-19 Pandemic c. 4113.6 Telecommuting d. 4118.237/4218.237/5141.8 Face Masks

e. f. g. h. i. j. k. l. VI.

4118.238/4218.238 Travel Advisory 4218.239/4218.239 Staff Vaccinations 5131.42 Virtual/Remote Learning Code of Conduct 6114.8 Pandemic/Epidemic Emergencies 6114.81 Emergency Suspension of Policy During Pandemic 6114.82 COVID-19 Emergency Measures 9223 Board Succession Planning 9321.2 Electronic Board of Education Meetings

Questions

vam Policy Adoption

STRENGTHENING PUBLIC EDUCATION

Connecticut Association of Boards of Education 81 Wolcott Hill Road, Wethersfield, CT 06109 860-571-7446 | 860-571-7452 (fax) | www.cabe.org