The CABE Journal - February 2024 by Wilmarie Newton

B C

www.cabe.org

Vol. 28, No. 2

February, 2024

CT State BOE Legislative Proposals

Developing an Inclusive Leadership Mindset

Sheila McKay

Sr. Staff Associate for Government Relations, CABE

Martha Brackeen-Harris

As the 2024 Connecticut General Assembly convenes on February 7, the below are the legislative proposals from the Connecticut State Board of Education.

DEI Consultant, CABE

•A uthorize Goodwin University Magnet School to charge tuition. •A lign adult education credits with current graduation requirements, increase from 20 to 25 credits. •E xtend the access to the Connecticut Seal of Biliteracy to tribes and private schools that are not federally recognized. •E xtend the dates for application of statutory provisions relating to enrollment standards for interdistrict magnet schools (Sheff) from 6/30/21 to 6/30/25. •A djust the language pertaining to the requirement for SDE to arrange for student field trips to farms and in-school presentations by farmers. • Ensure consistency with recent changes to students age 22 services and within state/federal regulations. Specifics can be found at https:// portal.ct.gov/-/media/SDE/Board/ BoardMaterials010324/Approval_of_ Legislative_Proposals.pdf.

February is #ISupportMyCTPublicSchools Month Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

Help us share all the good that is happening in your district! Throughout the month of February CABE will be sharing videos of great things going on in Connecticut’s school districts. We need YOU to submit videos of these great things!

Details:

• Submit videos between now and February 23, 2024. • Videos should be no more than one minute. • Videos should be shot landscape. • Appropriate consent per district policy should be in place for all videos shared with CABE.

If you have technical questions regarding submitting a video, please contact Wilmarie Newton at wnewton@ cabe.org. Help us flood social media with your great videos!

#ISupportMyCTPUblicSchools

inside

For more ways to spread the great things going on in your district, go to the #ISUPPORTMYCTPUBLICSCHOOLS section of the CABE website.

Increasing Educator Diversity Policy Oversight Council

In the month of February, as we celebrate Black History Month, I am reminded of the many years that African Americans have fought to have our contributions included in the annals of American History. On February 7, 1926, Carter G. Woodson initiated the first formal celebration of Negro History Week which, in 1976, was renamed Black History Month. Now, 98 years later, many of our stories are included in history books, movies, television programs, and other areas, but we are not finished. We have more opportunities and an urgency to expand our reach and make sure we are acknowledging the contributions of all who have helped build this country. We celebrate the history and accomplishments of our population by designating days, weeks, or months for women, the deaf community, the LGBTQ+ community, racial and ethnic groups, as well as other social identity groups, to make sure our contributions are recognized and celebrated. Our presence should be included in every aspect of our country, especially our educational system. As I filled in my 2024 calendar with the reminder of months dedicated to acknowledging the importance of various groups, I visualized the changing landscape of our Connecticut public school system and the See MINDSET page 15

CABE Area Legislative Breakfasts

State BOE Votes on Parents’ Bill of Rights

81 Wolcott Hill Road Wethersfield, CT 06109-1242

Connecticut Association of Boards of Education Inc.

Periodical Postage PAID Hartford, CT

The Journal – Connecticut Association of Boards of Education | February, 2024 PRESIDENT COMMENTARY

Advocacy for Public Education Leonard Lockhart President, CABE

January was busy as the CABE Board of Directors met in January to review the 2023 CABE Strategic Plan Priorities and develop the 2024 Strategic Plan Priorities. CABE also hosted a webinar the Board’s Role in Advocacy and seven CABE Area Legislative breakfasts, all with an eye toward helping school boards with their advocacy efforts. I was humbled to lead the Connecticut delegation in late January to Washington, D.C. for the NSBA Equity Symposium and Advocacy Institute with a focus on Title funding and Special Education funding. During the legislative session, CABE advocates for the positions adopted by members at the November Delegate Assembly. The issues followed on behalf of school board members have a direct effect on district budgets, employer-employee relations, and the governance authority of every school board in the state. According to my experience and research, school funding is a primary concern when discussing current issues in education. The American public education system, which includes both primary and secondary schools, is primarily funded by tax revenues. For the 2021 school year, state and local governments provided over 89 percent of the funding for public K-12 schools. After the Great Recession, most states reduced their school funding. This reduction makes sense, considering most state funding is sourced from sales and income taxes, which tend to decrease during economic downturns. However, many states are still giving schools less cash now than they did before the Great Recession.

Advocacy at the Federal Level

NSBA believes Congress must continue its oversight of the implementation of the Every Student Succeeds Act (ESSA) to ensure state and local flexibility in K-12 education. As states and districts work to implement the law, Congress must recognize the critical role of local school boards to lead the local district planning process and set policy and programs to best meet student learning needs. According the NSBA website, these are the advocacy efforts being supported nationally “in order for districts to maximize educational opportunities that are available for every

student to reach their greatest learning potential”: • Authorizing and Funding the Individuals with Disabilities Education Act (IDEA) Securing full funding for and modernizing the Individuals with Disabilities Education Act (IDEA) is a critical issue for NSBA and school board members across the nation. IDEA was enacted to ensure that every student with a disability has access to a free and appropriate public education. Unfortunately, the federal government has not lived up to its promise to provide 40 percent of the excess costs to support students who need extra help. Instead, federal appropriations have consistently fallen well short, forcing states and local school districts to use funds from their general education budgets to cover the special education expenses the federal government should pay. That hurts all students. NSBA urges Congress to meet its obligation to fund 40 percent of the cost of educating children under the requirements of the federal law and supporting the placement of the Individuals with Disabilities Education Act (IDEA) within mandatory spending portions of the budget to ensure that, over a period of time, the obligation will be met as a federal budgetary priority. Advocacy action requested: Contact our members of Congress to urge them to support the IDEA Full Funding Act. Introduced by Senator Chris Van Hollen (D-MD) and Representative Jared Huffman (D-CA), the bipartisan, bicameral IDEA Full Funding Act (S. 2217 in the Senate and H.R. 4519 in the House), would finally ensure Congress’ commitment to fully fund IDEA by establishing a clear path towards fully achieving the federal share of resources needed to address the unique needs of our students with disabilities.

Prioritizing Student Mental Health

Congress should approve greater and sustained federal resources that expand access to mental health services and support comprehensive “wrap-around” services to schools, including a range of community resources to address safety and intervention. Also important is increased funding and additional resources to support local school districts’ efforts to address students’ mental health, safety, and social needs, including dedicated fund-

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.

Board of Directors ing to hire health professionals, including school nurses, counselors, social services managers, and mental health professionals to support the health and well-being of America’s students. Advocacy action requested: Urge our members of Congress to support measures that will expand access to mental health support for students in local schools.

Supporting Increased Funding for Staffing Needs

The federal government can help address staff shortages in school districts across the country by retaining federal policies to provide loan forgiveness for teachers and principals who serve in public schools, encourage the simplification and transparency of the loan application process, and oppose predatory collection processes. States and school districts can also redesign and implement teacher compensation systems linked to the goals of increasing student achievement and high standards. To attract and retain highly qualified teachers, school boards should seek and support flexible compensation programs to reward teachers who have the qualifications and experience to teach students, especially in the most challenged, hard-tostaff schools and in the content areas of any schools experiencing shortages of qualified personnel. Advocacy action requested: Urge our members of Congress to identify areas where additional staff resources are needed and provide needed support.

Support Increased Funding for Expanded Broadband Access

Established in the American Rescue Plan Act of 2021, the Emergency Connectivity Fund (ECF) allows schools and libraries to provide students, teachers, and library patrons with devices and internet service in their homes. Demand for the program is very high. In the final application window, the Federal Communications Commission (FCC) received requests for $2.8 billion in ECF funds, which See COMMENTARY page 12

EXECUTIVE COMMITTEE Leonard Lockhart | President, Windsor Meg Scata | First Vice President, Portland Lon Seidman | Vice President for Government Relations, Essex Eileen Baker | Vice President for Professional Development, Old Saybrook Anthony Perugini | Secretary/Treasurer, Cheshire Elizabeth Brown | Immediate Past President, Waterbury Lydia Tedone | NSBA Director, Simsbury AREA DIRECTORS Marion Manzo | Area 1 Co-Director, Region 15 Thomas van Stone | Area 1 Co-Director, Waterbury Douglas Foyle | Area 2 Co-Director, Glastonbury Tyron Harris | Area 2 Co-Director, East Hartford Philip Rigueur | Area 2 Co-Director, Hartford Karen Colt | Area 3 Co-Director, Vernon Sara Kelley | Area 3 Co-Director, Stafford Jay Livernois | Area 4 Director, Woodstock Academy Chris Gilson | Area 5 Co-Director, Newtown Tina Malhotra | Area 5 Co-Director, Ridgefield Lee Goldstein | Area 6 Co-Director, Westport Jill McCammon | Area 6 Co-Director, Darien John Hatfield | Area 7 Co-Director, Seymour Edward Strumello | Area 7 Co-Director, Seymour Lindsay Dahlheimer | Area 8 Co-Director, Region 13 Seth Klaskin | Area 8 Co-Director, Madison Kim Walker | Area 8 Co-Director, Westbrook Carol Burgess | Area 9 Director, Montville ASSOCIATES Julia Dennis | Associate, Berlin Ethel Grant | Associate, Naugatuck Robert Mitchell | Associate, Montville COMMITTEE CHAIRS Becky Tyrrell | Chair, Federal Relations, Plainville Laurel Steinhauser | Chair, Resolutions, Portland Lindsay Dahlheimer | Chair, State Relations, Region 13 CITY REPRESENTATIVES Joseph Sokolovic | City Representative, Bridgeport A. J. Johnson | City Representative, Hartford Yesenia Rivera | City Representative, New Haven Gabriella Koc | City Representative, Stamford LaToya Ireland | City Representative, Waterbury STAFF

Patrice McCarthy | Executive Director and General Counsel Nicholas Caruso | Senior Staff Associate for Field Services and Coordinator of Technology Jody Goeler | Senior Staff Associate for Policy Service Sheila McKay | Senior Staff Associate for Government Relations Lisa Steimer | Senior Staff Associate for Professional Development and Communications Conrad Vahlsing | Senior Staff Attorney Wendy DeBarge | Coordinator of Finance and Administration Pamela Brooks | S enior Administrative Associate for Policy Service and Search Services Terry DeMars | Administrative Associate for Policy Service Gail Heath | Administrative Associate for Government Relations Wilmarie Newton | A dministrative Associate for Digital Communications Nancy Propfe | Administrative Assistant for Membership Services Corliss Ucci | Receptionist and Assistant to Executive Director

CABE Journal (ISSN 1092-1818) is published bi-monthly by Connecticut Association of Boards of Education, 81Wolcott Hill Road, Wethersfield, CT 06109. Periodicals postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75. Association members 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.

The Journal – Connecticut Association of Boards of Education | February, 2024

CABE Affiliate Members

BUSINESS AFFILIATES VALEDICTORIAN Connecticut Business Systems – A Xerox Company Finalsite SALUTATORIAN

Berchem Moses PC Pullman & Comley Shipman & Goodwin HONOR ROLL JCJ Architecture Kainen, Escalera & McHale, P.C. Newman/DLR Group Solect Energy SCHOLAR Brown & Brown Chinni & Associates, LLC Coordinated Transportation Solutions Dattco, Inc. ESS Franklin Covey GWWO Architects The Lexington Group Perkins Eastman Public Agency Retirement Services (PARS) The S/L/A/M Collaborative Zangari Cohn Cuthbertson Duhl & Grello, P.C.

EXECUTIVE DIRECTOR COMMENTARY

February Intentions Patrice McCarthy

Executive Director & General Counsel, CABE

Many people have already abandoned the resolutions they embraced on January 1st. A board chair that aspired to develop a collaborative relationship with their superintendent, board members that vowed to be thoroughly prepared for each meeting, and students that committed to completing all assignments by the deadlines may have encountered obstacles that caused them to “fail” because resolutions tend to be inflexible. Perhaps a way to begin February is to frame our goals as intentions, not the resolutions of January. A resolution is a decision to do or not do something to achieve a particular goal. An intention is a purpose that guides our actions to achieve a desired outcome. Intentions give us the flexibility

to adapt to changing circumstances to reach our goal. A new member joining the board will change the board dynamics and might necessitate new strategies to promote board effectiveness. New data on student growth and achievement might reveal the need for specific resources to support students. Your district strategic plan and board goals will provide guidance for your intentions as individual board members. The administration and the board members all have a role in implementing the strategic plan, and the board has ownership of the board goals. The degree of success in implementing the plan and board goals – and your feeling of pride in the accomplishments of the district – depends on the intentional engagement of each individual. CABE is a resource to help you

fulfill your intentions to be a more effective board member, support student growth, model civility in your interactions with colleagues and the public, communicate effectively with the community, insure up to date board policies, develop your district strategic plan and board goals limit the board’s exposure to legal liability – and a host of other intentions. Let us help you on your journey to fulfilling your intentions!

CABE AREA 7 LEGISLATIVE BREAKFAST

EDUCATIONAL AFFILIATES

American School for the Deaf Area Cooperative Educational Services (ACES) Booker T. Washington Academy Cambridge International Capitol Region Education Council (CREC) Connecticut Alliance of YMCAs Connecticut Arts Administrators Association Connecticut Association for Adult and Continuing Education (CAACE) Connecticut Association of School Business Officials (CASBO) Connecticut School Buildings and Grounds Association (CSBGA) Connecticut School Counselor Association Connecticut Technical High Schools Cooperative Educational Services (C.E.S.) EASTCONN EdAdvance Explorations Charter School Great Oaks Charter School Integrated Day Charter School ISAAC LEARN Live Girl New England Science & Sailing Foundation Odyssey Community School, Inc. Relay CT The Bridge Academy

CABE Area 7 held its legislative breakfast on January 11 at Seymour Middle School. Representatives Welander and Comey heard from board members and others from across the region.

The Journal – Connecticut Association of Boards of Education | February, 2024 See You in Court – The Nutmeg Board of Education

A Separation Agreement in Nutmeg 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. Tom Teacher is well-known in Nutmeg, but not for the right reasons. He is a controversial figure, regularly speaking to both the Nutmeg Town Council and the Nutmeg Board of Education during public comment in hostile tones about what he perceives to be the failings of elected officials. Almost everyone in Nutmeg has an opinion about Tom; some residents loved his feisty approach, and others think him an embarrassment to himself and to the Nutmeg Board of Education, which has employed him for 17 years. It was therefore quite a scandal when Tom Teacher was arrested for DUI. The Nutmeg Bugle promptly obtained and published a copy of the arrest report, detailing the events of the incident, which included property damage and a blood alcohol level over twice the legal limit. Mr. Superintendent promptly placed Tom on administrative leave, with pay and without prejudice, so that he could investigate the incident and decide what to do with Tom. Mr. Superintendent sent the members of the Nutmeg Board of Education a “confidential” email informing them of the arrest and of his action placing Tom on leave. Veteran Board member Bob Bombast then called Mr. Superintendent to get the inside scoop. Mr. Superintendent told Bob that he really couldn’t talk about the situation, but he did confide to Bob that things looked pretty bad for Tom. Bob was less guarded in his approach, and he spoke freely about Tom’s arrest with any number of people. Bob heard from various parents and others that it is finally time to cut Tom loose, and Bob often responded coyly that he couldn’t say he disagreed. Others saw it differently, and one Nutmeg resident even started a Change.org petition supporting Tom and describing him as a victim of selective prosecution based on his outspoken comments to elected officials.

As time wore on, the community grew more divided over what should be done with Tom Teacher. Given the controversy, there was great surprise in Nutmeg when Mr. Superintendent issued a short public statement last week announcing that he had accepted Tom Teacher’s resignation, which Tom had submitted to “explore other opportunities.” Nutmeg Bugle reporter Nancy Newshound promptly called Mr. Superintendent for more information about this surprising development, but Mr. Superintendent declined comment, stating that it was a “personnel matter.” Nancy then made an FOIA request for “all records related to Tom Teacher’s resignation,” which Mr. Superintendent “took under advisement.” Bob Bombast and the other members of the Nutmeg were put out that Mr. Superintendent kept them in the dark until they read the public statement along with everyone else. To make amends, Mr. Superintendent sent them another “confidential email” with a copy of the separation agreement he had negotiated with Tom Teacher, providing that Tom will stay on the payroll through the end of this school year. To maintain the confidentiality of the communication, Mr. Superintendent included Ms. Board Attorney on the email. But Bob Bombast was not mollified, and he publicly stated that Mr. Superintendent should have obtained Board approval for the separation agreement before signing it. Did Mr. Superintendent do anything wrong here? • • • • • • • • • • • • We start with the threshold question – did Mr. Superintendent have the authority to sign a separation agreement with Tom Teacher without Board approval? As a legal matter, Mr. Superintendent clearly has that authority. Under Conn. Gen. Stat. § 10-157, the superintendent serves as the “chief executive officer of the board,” and, as such, superintendents are authorized to act on behalf of their boards of education without a board of education vote authorizing such actions, including actions resolving personnel matters. As a practical matter, whether and under what circumstances superintendents may take such action unilaterally will depend on the specifics of the situation and, most important, the expectations of the board members.

However, in establishing such expectations with the superintendent, board members must keep in mind that they may be called upon to conduct a hearing on a superintendent’s recommendation that a teacher’s employment be terminated. In such cases, board members must act as impartial judges as a matter of due process. Prior substantive communications between board members and the superintendent outside of such a hearing may render board members incapable of serving as impartial judges. Accordingly, superintendents should not share information about a potential teacher termination hearing with board members until the hearing, except in rare cases when the superintendent must consult with the board before finalizing a separation agreement. In such cases, the superintendent and the teacher should agree in writing in advance that any such communication will not give rise to a due process claim if the board does not approve the proposed separation agreement and therefore must hear

the case. In any event, if the matter is resolved through negotiation, the board and superintendent can discuss the facts afterwards because board members will not be acting as hearing officers at that point. When Bob Bombast called looking for more information about Tom’s arrest, Mr. Superintendent tried to toe this line, but he may have crossed it when he told Bob that it didn’t look good for Tom. On the other hand, Bob’s discussions with parents and others about Tom were totally inconsistent with his duty to remain impartial about Tom’s continued employment with the Board. If Mr. Superintendent and Tom had not worked out a separation agreement and the matter had gone to a hearing, Bob’s participation in such a hearing would have given Tom a claim that Bob was biased against him, violating his due process rights. When controversial issues involving a teacher arise, board members should not discuss the See SEE YOU IN COURT page 6

The Journal – Connecticut Association of Boards of Education | February, 2024

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:

y providing opportunities B for members to learn how to better govern their districts: z Provided roles and responsibilities training for the Newtown and Scotland Boards of Education. z Facilitated a board retreat for the Plainville Board of Education. z Responded to 42 requests for policy information from 26 districts, providing sample materials on policy 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 were those pertaining to ages of attendance, artificial, intelligence and curriculum. z Provided support to board members and central office administrators regarding policy matters.

y helping school boards B to increase student achievement:

z Staffed Urban Boards Legislative Network meetings.

y ensuring members B receive the most up-to-date communications:

z One issue of Policy Highlights via e-mail provided a new model policy

on cell phone use and a narrative on transitioning to 2024.

y promoting public B education:

z S taffed virtual meeting of CABE Past Presidents. zA ttended CABE Area 9 Legislative Breakfast.

y providing services to B meet member needs:

zF acilitated Board Chair Check-In. zR esponded to a variety of legal inquiries from members. zP rovided phone support for several board chairs and Superintendents. zR evised policies, as part of the Custom Update Policy Service, for Gilbert School, Marlborough, New Fairfield, North Stonington, and Sterling. zP repared materials, as part of the Custom Policy Service, for Region 14 and Woodbridge. zA ssisting East Haddam and Regional School District One Boards of Education with their superintendent search.

y attending Professional B Development to strengthen staff knowledge and skills:

z Attended conference on Understanding A. I. and its Impact on K12 Education.

y helping districts operB ate efficiently and conserve resources:

z Posted policies online, as part of the C.O.P.S. Program for Avon,

Cheshire, Derby, Granby, Killingly, Monroe, Region 4, Ridgefield, Seymour, Somers, Voluntown, Windsor, and the CABE CORE Manual. By representing Connecticut school boards on the state or national level: z Attended CT Certification Council meetings. z Attended NSBA State Association Counsel and Executive Director meetings. z Convened Education Mandates Review Working Group. z Attended Minority Teacher Recruitment Policy Oversight Council

SEE YOU IN COURT

(continued from page 4)

matter with others or among themselves until the matter is resolved, one way or the other. This situation also raises issues under the Freedom of Information Act. First, we note that Mr. Superintendent marked as “confidential” his first email to the Board about the situation. Though marked “confidential,” that email is a public record subject to disclosure upon request because there is no applicable exemption from disclosure. Mr. Superintendent also sent the Board members a copy of the separation agreement with Tom Teacher, and he included Ms. Board Attorney on the transmittal in an effort to maintain it as confidential. However, attorney-client communications to and from public officials are confidential only when they either request legal advice or respond to such requests.

meeting. z Attended Special Education Task Force meetings. z Participated in Commissioner’s Education Partners meeting. z Attended meeting with Legislators and Administration officials to discuss reading waivers. z Met with CAPSS to discuss legislative priorities. z Provided legislative update at EdAdvance Board meeting. z Attended Discovering Amistad Board of Directors and Education Committee meetings. Here, Mr. Superintendent was simply sharing information, not requesting legal advice, and his communication with Board members, therefore, was subject to disclosure. In any event, separation agreements are public records subject to disclosure upon request. We note that Mr. Superintendent took Nancy’s request for a copy of the separation agreement “under advisement.” Mr. Superintendent’s responsibility under the FOIA, however, is to provide non-exempt records “promptly” upon request. Sitting on her request without justification when the separation agreement is readily available would be a violation of the FOIA. 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. Shipman & Goodwin is a CABE Business Affiliate.

The Journal – Connecticut Association of Boards of Education | February, 2024

Increasing Educator Diversity Policy Oversight Council Patrice McCarthy

Executive Director & General Counsel, CABE

The Increasing Educator Diversity Policy Oversight Council recently held their quarterly meeting. The agenda focused on a review of diversity initiatives which include: • Legislative changes that require boards of education to submit their increasing educator diversity plans to the Commissioner of Education for review and approval (PA 23-167, Section 10). • Creation of an Adjunct Professor permit to allow instructors in higher education institutions to be employed by a local or regional board of education for not more than 25 instructional hours per week in grades 9 through 12. (PA 23-167, Section 15) • The Aspiring Educators Diversity Scholarships for students who graduate from a public high school in a priority school district and are enrolled in an approved Educator Preparation Program in Connecticut, with $4 million in scholarships available this year and $10 million next year. Council members discussed expanding the program

eligibility to include diverse students in any district.

• Educators Rising Programs – 22 School districts are currently enrolled with more than 500 students participating in this pathway to the teaching profession. $500,000 was allocated for Educators Rising minigrants to expand the program (eight new districts). Data shows that 60 percent of teachers work within 20 miles of where they attend high school. • Teachers Apprenticeship Program allows candidates to earn while they learn. Upon successful completion of the residency program and with the recommendation of such superintendent, the State Board of Education shall issue an initial educator certificate to the candidate. Pilot school districts participating are New Britain and Waterbury Public Schools. • RESC Alliance Partnership - CSDE is partnering with the RESC Alliance for the third year to support increasing educator diversity (IED) through School District IED grants to facilitate IED initiatives (up to $10,000 for six districts) and IED plan consultancy.

The Ethics of Political Influences on Boards of Education Nick Caruso

Sr. Staff Associate for Field Service and Coordinator of technology, CABE

In many ways, small town politics symbolize the character of New England. The idea of “home rule” is quite evident in the structure that governs our local public schools. In most cases, boards of education work tirelessly for the improvement of our children’s’ education without regard for the political environment. Board votes span party lines and consensus between all board members is the goal. In my opinion, this is by far the most common practice amongst boards in Connecticut. However, there are times when board members appear to cross the line and politics start to influence board deliberations. There seems to be two ways in which politics can negatively influence boards of education. The first is when the political pressures are within the board itself. Whether strictly “Republican/Democrat” politics, or by ideology, or when the person presenting an idea becomes more important than the idea itself, the work of the board is more likely to fall short. Most boards in Connecticut manage to refrain from real political squabbles; there might be some tension around election of officers, but that is soon over and the board gets back to business. Sometimes, feelings are hurt and it takes longer for the wound to heal. In fact, sometimes it never heals and conflict remains. I have seen boards literally paralyzed for months when this type of behavior erupts – and children pay the price for it. The second issue is more complex. The board members themselves refrain from political infighting, but they are besieged from outside by political forces. The Mayor, the Town Council, Board of Selectmen or a Town Committee chair wield power over the board and get it involved in a town-wide political fight. Board members are given a choice – play along or you don’t get to run for re-election. New board members are even told that this is how the process works – that you must do what the council/selectmen want. The responsibilities given to board members are important ones; and need to be respected. The statute giving boards of education authority is pretty explicit: See POLITICAL INFLUENCES page 9

The Journal – Connecticut Association of Boards of Education | February, 2024

POLICY PRACTICE Cellphone Use Considerations Jody Goeler

Sr. Staff Associate for Policy Service, CABE

When Bob Dylan returned to the beautifully restored Palace Theater in Waterbury in September of 2023, he did more than bring his sixty-fouryear musical legacy; he announced a total ban on smartphones. Anyone intending to bring a cell phone was required to place the device into a Yondr pouch, a secure bag used to store a mobile device during an event. Prior to the concert, those with tickets were notified they could keep their devices with them at all times but would only be able to gain access during the show in the “Designated Phone Use Areas at the venue.” At that time, all phones would then be re-locked in Yondr pouches before returning to the performance space. Anyone caught using a cell phone during the performance may be removed from the venue. While I decided to leave my smartphone in the car and print my ticket, others had their devices secured in Yondr pouches that were unlocked at the end of the event. It appears that more performers are moving toward banning cell phones at their concerts. At the same time, I could overhear some of my fellow concertgoers complaining about these procedures and their lack of smartphone access throughout the two-hour performance. One would have thought they were taking our homes away. Once I got over being without my phone, I looked out over the audience and saw a strange sight: People were talking to each other and listening to the performance rather than recording it or texting friends or checking social media or emails or whatever people do on their smart devices. Unlike so many recent concerts, this audience was fully engaged and present in the moment, making for an enjoyable and more fulfilling experience. The debate over phone use in performance venues sounds vaguely similar to policies related to smartphone use in schools. Those supporting bans point to the benefits of living in the moment, being fully engaging, and limiting distractions. Those who support using devices while conceding these points often point to compromise. Their suggestions include allowing security guards to use their discretion as to whether someone’s use of a smartphone is impacting another person’s enjoyment of the show. In schools, this “compromise” would translate to having teachers and ad-

ministrators determine when personal devices can be used in school and addressing behaviors deemed as distracting from the educational process. Many district policies related to smartphone use in schools try to walk that fine line between allowing students to bring their devices to school and having them available for responsible use. Such use would include contacting a parent regarding after-school events and transportation or for academic purposes under the supervision of a teacher. Similar to CABE’s model policy regarding AI, we seek to focus on enhancing the learning environment, and certainly, smart devices provide easy access to information. They are powerful tools for research and inquiry. On the other hand, are they addictive? Are they adding to the mental health crisis impacting so many of our students? In her piece, “10 Education Studies You Should Know from 2023” (Education Week, December 21, 2023), Sarah D. Sparks notes that a significant array of studies is finding that “more frequent use of smartphones and social media is associated with higher rates of mental distress, self-harming behaviors, and suicide among teenagers.” While smartphones provide opportunities to enhance instruction and access information at our fingertips, they’ve too often become tools of distraction and sources of student conflict and violence. Technology companies, rather than allocating resources to improve safety and promote responsible content, have devoted their efforts to pulling in viewers and keeping their eyes on the screen. More screen time means greater isolation and distraction, which amplifies feelings of anxiety and depression. “Whether it’s social comparison, the struggle to untether from devices, or an influx of harmful content, many teens (and adults) experience ways that tech amplifies feelings of anxiety and stress.” (Emily et al., Education Week, December 27, 2023). Add to the addictive aspect of smart device technologies the 24/7 exposure to misinformation from apps such as Tik Tok, and one has to wonder that if schools continue to allow access to personal devices during the school day, will teachers have a chance to educate students out of their exposure to the constant barrage of misinformation when algorithms are set up to feed young minds – often with misinformation constantly?

From a school policy perspective, when smartphones were first introduced, they appeared to provide outstanding opportunities to enhance instruction and provide the most powerful tool for accessing information and communicating with others from around the world. It appeared to be an opportunity too good to not allow for such access. However, as we begin considering whether or not these devices and the apps to which they provide access are addicting us and the mental health concerns related to the amount of exposure to these devices, do schools need to consider the degree to which schools allow access? More states and local communities are beginning to restrict and outright ban smartphones in schools, citing the addictive nature of these devices and mental health concerns. Interestingly, even the technology reporter for the New York Times, Kashmir Hill, acknowledges her “biggest regret of 2023 was my relationship to my smartphone, or my ‘tech appendage’ as I’ve named it in my iPhone setting,” in her opinion piece, “I Was Addicted to My Smartphone, So I Switched to a Flip Phone for a Month.” (New York Times, January 6, 2024) It makes one consider, if these

phones are so addicting, what position are we placing on our staff and administrators to determine when phones should be put away? Try taking something away from a person when they’re addicted to it. While a security guard at a concert can always escort a rule violator out of the venue, it’s not so easy for school personnel. Similarly, it’s relatively easy for a performer to establish the rules for the audience to follow. Schools are different and require the consideration of a variety of often competing factors, such as allowing access to the tools that broaden and deepen learning while ensuring a safe, healthy, and supportive learning community. With greater access to one-toone technology in schools, I am more confident that policies can provide reasonable guardrails related to access to AI than I am about smartphone use. We need to think seriously about the addictive nature of this technology and the mental health implications before we ask our teachers to assume the role of “security police.” Over the next several weeks, I’ll review CABE’s model cell phone use policy and consider revisions based on these considerations.

POLITICAL INFLUENCES

I recall a conversation with a board colleague (from the other party), many years ago. Somehow the two of us had found ourselves on the opposite side of a controversial issue from the rest of the board. He was bemoaning the fact that he was being inundated with phone calls from influential members of his party, demanding he support the initiative. He had been told outright that his failure to support the vote would probably result in him never again being considered for a seat on the board. He didn’t know what to do. I suggested that he had a choice. He could spend the next three years doing what he believed was right (the remainder of his term), or he could sit on the board for 20 years – and hate every minute of it. Not only did he vote his conscience, but, three years later, he was reelected by a large margin. I believe our communities want board of education members with the highest ethical standards, and I think most board members fall into that category. In these tough times, I think it more important than ever to do the right thing – our children’s future depends on it.

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“Each local or regional board of education shall maintain good public elementary and secondary schools, implement the educational interests of the state as defined in section 10-4a and provide such other educational activities as in its judgment will best serve the interests of the school district…” Boards of Education are charged with implementing the educational interests of the state and given the responsibility for maintaining good schools. Notwithstanding the fact that individuals on boards can certainly disagree with what “good” means, the charge is pretty clear. For the sake of effectiveness of governance and doing what is in the best interests of the school district it is imperative that board members understand their proper roles and work hard to do what they believe is best, pursuant to the charge to the board. Sometimes this is not the easiest path, nor the easiest politically. This is why we need board members of sound judgment; able to withstand unfair or unwise pressure.

The Journal – Connecticut Association of Boards of Education | February, 2024

CABE AREA LEGISLATIVE BREAKFASTS

Rep. Anne Hughes, Chief Officer for Strategy Operations Mike Selig (Danbury), and Superintendent Kevin Walston (Danbury) discuss educational issues.

Sen. Julie Kushner and CABE Area 5 Co-Director Tina Malhotra (Ridgefield)catch up on issues of mutual concern.

CABE Area 9 Director Carol Burgess (Montville) welcomed legislators, board members, and superintendents.

Sen. Martha Marx,, Rep. Christine Conley, Rep. Kathleen McCarty, and Sen. Cathy Osten participated in the CABE Area 9 breakfast.

The Journal – Connecticut Association of Boards of Education | February, 2024

State Board of Education Votes on Parent Bill of Rights for English Learners/Multilingual Learners Sheila McKay

Sr. Staff Associate for Government Relations, CABE

The Parent Bill of Rights for English Learners/Multilingual Learners (ELs/MLS) was voted on favorably by the State Board of Education at its January meeting. From Public Act 23150 section 17 establishing the rights,

the need was established “to organize and elevate the rights that parents have related to language access through translation and interpretation and to clarify and affirm the access that children identified at ELs/MLS have to grade level content area instruction, language instruction programs, and interventions” as it is presented in the document for the State Board of

The Educator Evaluation and Support Council met at CABE on January 3.

Education. Further, “The Parent Bill of Rights for ELs/MLs brings attention and awareness to these rights and provides parents with explanations of what such rights mean for them and for their children.” The State Department of Education (SDE) staff members Dr. Megan Alubicki Flick, Education Consultant and Irene Parisi, Chief Academic Officer will facilitate the translating of the rights, offering stakeholder groups information sessions regarding the rights, and creating a page of the SDE website, along with guidance, requirements and resources. They will also develop a process to monitor that the rights have been posted on district websites and distributed to parents, along with developing a process for parents and families to reach out to SDE concerning the enactment of these rights. Beginning July 1, 2024, districts shall provide parents/guardians of eligible students with a copy of the rights in the parents/guardians dominate language and make available on the

district website. PA23-150, section 17 Parent Bill of Rights for ELS/MLS - https://www.cga. ct.gov/asp/cgabillstatus/cgabillstatus. asp?selBillType=Public+Act&which_ year=2023&bill_num=150.

COMMENTARY

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was more than double the amount remaining in the program. Without additional funding, many of these requests will not be met, leaving millions of students disconnected. Advocacy action requested: Urge our members of Congress to provide an additional $1 billion for the Emergency Connectivity Fund. These priorities set forth by NSBA are in line with CABE’s Whole Agenda which can be found at https://resources. finalsite.net/images/v1704904825/cabe/ enpbunjno0noqhdssyoe/2024WholeAgenda.pdf. Next month my editorial will focus on state advocacy efforts. Please reach out to the CABE staff if you have questions about your advocacy efforts.

The Journal – Connecticut Association of Boards of Education | February, 2024

The Minutiae of Minutes Conrad Vahlsing

Sr. Staff Attorney, CABE

Notice, agenda, and minutes are three important components of meetings of public agencies, including boards of education. A helpful way to contemplate them is that the notice and agenda apprise the public of what will be occurring, while minutes apprise the public of what has occurred. A recent Connecticut Freedom of Information Commission decision offers an overview of the requirements of one these components: meeting minutes. The case involved a town commission responsible for election district revisions. A member of the town commission submitted a complaint to the FOI Commission alleging several problems with an earlier meeting, including regarding the meeting’s minutes. The FOI Commission noted that a couple of the alleged problems would not be FOI violations even if true, and proceeded to weigh-in on the remaining allegations and in doing so, offered important points about meeting minutes.

Importantly, the FOI Commission stated that minutes do not require the verbatim transcription of a meeting. Rather, minutes should fairly apprise the public of what transpired at the meeting. The complaint had alleged that the minutes violated the Connecticut FOI Act in part because they contained an incorrect title for one of the town commission members as well as an inaccurate description of certain data in redistricting maps. The FOI Commission noted that minutes should include “at a minimum, the date time and place of the meeting, members present, action taken, and the votes of members with respect to such action.” And the FOI Commission concluded that since the minutes contained such information, under the facts and circumstances of the case, the public was still fairly apprised of what transpired at the meeting regardless of the inaccuracies in the title for the town commission member and description of the data in redistricting maps. However, the FOI Commission concluded there was a FOIA violation

in another aspect of the minutes, which highlights the importance of accuracy in recording votes. The minutes of the town commission meeting recorded a vote as a unanimous 5-0, but the vote in question actually contained two abstentions. Here, the FOI Commission concluded that this is indeed a violation as recording votes must be accurate, and directed the town commission to amend the minutes to reflect the abstentions of two members in the vote in question. Recording of votes is especially important under the FOIA as votes “shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken.” See CGS Section 1-225(a). Boards of education must take care to not only include voting in the minutes, which are generally required to be available for public inspection within seven days of most meetings (again, see Section 1-225(a)), but also have votes written down and available for public inspection within 48 hours of a meeting. As an additional note on timing, while minutes gener-

ally must by made available for public inspection within 7 days as mentioned, the FOIA includes other timelines for meeting minutes in certain situations, such as emergency meetings (see Section 1-225(d)) and when a meeting location is unsafe and the location is changed (see Section 1-230). For those interested in reading the FOI Commission decision, it is Callahan v. Town of Stratford, #FIC 2023-0228 (October 25, 2023).

Meetings of Interest n First Day of the 2024 Legislative

Session | February 7, 2024

n Children Committee Meeting

February 13, 2024 | 9:45 a.m. Legislative Office Building, Hearing Room 1D

n Connecticut State Board of

Education | February 14, 2024 9:30 a.m. | 450 Columbus Blvd. Plaza North Conference Rooms C and D

The Journal – Connecticut Association of Boards of Education | February, 2024 MINDSET

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challenges and opportunities that our school boards, superintendents, and others responsible for upholding the mission and vision of their districts face to make sure that each student is getting equitable treatment. It’s important that each child in our system achieves positive outcomes, feels that their uniqueness is an appreciated asset, and thrives in an inclusive school district. An effective way to make the commitment to having more inclusive environments is to have our top school leaders (school boards and superintendents) take advantage of the opportunity to play a pivotal role by committing to building or enhancing their skills in the practice of Inclusive Leadership. Our 21st Century schools must continue to improve and become places where our students are prepared to compete in the world and have productive lives after they leave our school system.

What is Inclusive Leadership and Why is it Important?

According to Dr. Bernardo Ferdman, author, and inclusion scholar, “Inclusive Leadership is the practice of leadership that intentionally provides ways that allow everyone across multiple types of differences, to participate, contribute, have a voice, and feel that they are connected and belong, without losing individual uniqueness or having to give up valuable identities or aspects of themselves.” (as cited in Brady, S.M., Foutty, J., & Wooten, L.P. 2022) Inclusive leadership at the top

level is important because there needs to be consistency throughout all the schools in the district and those making financial, personnel, and policy decisions need to be well-informed, willing to be creative with resources, and have an open mindset so that filling the needs that promote greater inclusivity will be a priority. A strong commitment by the school board and the superintendent is important because I have observed subtle and not so subtle resistance to accepting change-even though there is evidence that certain practices negatively impact marginalized and minoritized students. When most leaders commit to an endeavor and show evidence that it a good practice, others may be more open to consider joining and/or supporting them. An inclusive leader will seek out diverse voices and realize that leadership should be a collaborative endeavor. Sustainable change can be effective if the leader uses the diversity of skills that school boards or team members bring to the table to generate new ideas and solve problems in creative ways.

What Are Ways to Gain or Improve Inclusive Leadership Skills? 1. M ost DEI work begins with understanding bias. There are many workshops, webinars, and Ted Talks that are available. Our CABE website has more specific ideas. 2. D evelop a plan to cultivate relationships among stakeholders. What community partners do you need? What can you learn from

Tips for Effective Lobbying Research your members of the Connecticut General Assembly (CGA) – what committees are they on, were they on their board of education or council Develop Relationships – establish them before you need them Invite your members of the CGA to a board meeting – they don’t all serve on the Education Committee so you are a valuable resource Set your priorities – just mention a couple of issues Lobby with your real life experiences – tell them how a state

program is being implemented in your district Don’t overdo your lobbying – short and sweet Shore up lobbying allies – if you know there are other districts with a similar issue it can be persuasive Don’t forget the media – when appropriate they can further an issue, but be prepared with facts Always be positive – the issue may be a problem but the person doesn’t have to be Everyone likes a pat on the back – give thanks for support!

establishing relationships with diverse families that will give you a better understanding of how school policies affect their lives in both positive and negative ways? 3. We live in a world where technology can help foster communication and enable us to receive quality feedback. The right technology can support your dedication to inclusivity and provide a variety of ways to gather informative data. 4. Make sure your policies and practices are equitable and meet the needs of your current population. It’s important to have an inclusive curriculum. Connecticut has an excellent African American/Puerto Rican/Latino course that was available beginning with the 20-21 school year. An Asian American and Pacific Islander course will be available soon. The Connecticut Holocaust and Genocide Awareness Act (Public Act 18-24) required public schools in Connecticut to provide Holocaust and genocide education to their students as of July 1, 2018. 5. Commit to hiring employees who mirror the district’s population. Don’t be afraid to challenge the

15 status quo. Creative minds and perseverance will pay off. Inclusive leadership is a journey that never ends. As each new month begins, learn the stories, culture, challenges, and triumphs of each group that is being celebrated. Focus on the educational experience that their children and families are having in your district. Look for opportunities to act on your commitment to inclusion. Inclusive leadership can motivate others and allow you and those with whom you collaborate to make sustainable changes that will continue to make our students thrive.

People in the News Donald Harris was recently honored with the naming of the Donald F. Harris, Jr. Gymnasium at Bloomfield High School. Don served Bloomfield students for over 50 years as a teacher, coach, principal, athletic director and Board of Education Chairman. He is a Past President of CABE and serves on the State Board of Education. Congratulations, Don!

The Journal – Connecticut Association of Boards of Education | February, 2024