View from the Capitol
Session begins January 8th and CABE has been busy with lobbying members of the legislature already.
CABE legislative priorities are:
Increase the ECS foundation. It was established to rise with inflation, yet it has stood at $11,525 since 2013.
Fully fund the Excess Cost Reimbursement Grant by removing “within available appropriations” language, and provide resources for collaborative initiatives that meet special education needs.
Invest in programs that promote the training, hiring and retention of educators of diverse backgrounds and increase opportunities for districts’/ RESCs’ “grow your own” programs by developing interagency workforce policies to address housing and transportation, while also offering tax incentive programs to remove barriers for new educators.
Commit state funding to enable districts to support the continued need for counselors and mental health staff.
Maintain local responsibility for education policy and curriculum.
Please seek out your members of the legislature to advocate on these issues and ask CABE for assistance.
Better yet come to one of the legislative breakfasts and personally invite your legislators to attend. There are many newly elected legislators who will need to better understand the many facets to providing a quality education to Connecticut’s public school students.
State Board of Education Votes on Legislative Package
Sheila McKay Associate Executive Director for Government Relations, CABE
There are a number of legislative proposals that will continue to hold up the Sheff settlement that were adopted by the State Board of Education at its December meeting, including making the enrollment requirements for magnets an ongoing requirement, protecting the lottery algorithms so as not to have the protocols manipulated, and revising transportation grants to authorize grants based on actual costs.
From a declaratory ruling from the Brass City Charter School petition in May, the State Department of Education (SDE) is proposing a definition of “reasonable costs” for special education as “actual costs” and identifies the receiving interdistrict magnet as the responsible entity for costs for 504 services.
Also related to the declaratory ruling, SDE seeks to amend statute to clarify that reasonable costs for special education services provided to charter school students are deemed to mean actual costs of providing the special education and related services mandated by the student’s IEP.
Another proposal identifies the sending district as the responsible entity for identifying and planning special education services for out-
of-district students enrolled in Open Choice and assigns responsibility for costs of 504 services for Open Choice students.
Another proposal seeks to eliminate the mandated survey on reading instruction which is administered to those educators who graduated prior to 2012 (about 17.6 percent of elementary teachers). The reason for this is that it is thought that providing professional development would be a better use of time and resources.
To align with the Governor’s biennial budget, the charter school approval process will coincide so as to streamline and also provide a predictable timeline to apply for an initial certificate of approval.
Like the State Seal of Biliteracy, SDE seeks the opportunity to establish a State Seal of Civics Education and Engagement that would enable SDE to create criteria and enable any Connecticut diploma-issuing entity to affix the seal.
At the recent New England Association of Schools and Colleges Conference (NEASC), the keynote sessions focused on schools that have increased opportunities for student voice and collaboration. One of the keynote sessions was based on a report by the Edward Ford Foundation “A Framework for Schools”. While this was developed as a framework focusing on independent schools, it is applicable to public schools. The goal is to foster in students’ habits of curiosity and critical analysis and prepare them to thrive in a pluralistic society. Ford identified three pillars informing students as distinct thinking individuals:
• A commitment to expressive freedom and open inquiry
• A commitment to disciplined nonpartisanship
• A commitment to intellectual diversity
The strategy helps students develop the habit of looking at all sides of an issue before adopting a conclusion on controversial issues. The report identified four essential questions:
• What should the role of schools and school leaders be in political and social affairs, especially during moments of intense political conflict?
• How is that role expressed in program, curriculum,
Patrice McCarthy Executive Director & General Counsel, CABE
Sheila McKay
Associate Executive Director for Government Relations, CABE
A Path to Equity for Every Child
Public education has long been considered the cornerstone of a functioning democracy and an equitable society. Yet, the promise of equal opportunity is often undermined by systemic funding inequalities. The issue of funding inequality was litigated in Connecticut in the 1977 Supreme Court decision in Horton v. Meskill. The Court held that public school students in Connecticut are entitled to an equal enjoyment of the right to education and a system of state financing that relies on local property taxes revenues without regard to disparities in town wealth and lacks significant equalizing state support is unconstitutional. Since that decision, Connecticut has had a history of underfunding each of the education funding formulas created to remedy the inequalities.
Addressing this systemic inequity requires a multifaceted approach, including reforming funding formulas, increasing state contributions, fostering community partnerships, and ensuring accountability to create a fair educational system that benefits every child, regardless of their ZIP code. Students in better resourced districts not only have access to superior resources but also benefit from smaller class sizes, highly qualified teachers, and enriched learning environments. Meanwhile, underfunded districts face challenges such as outdated textbooks, overcrowded classrooms, and insufficient support staff. These disparities are further compounded by the increased needs of students in low-income areas, who are more likely to face barriers such as poverty, food insecurity, and language barriers.
The inequities in school funding have far-reaching consequences for student achievement and long-term outcomes. Research consistently shows that increased investment in education leads to better academic performance, higher graduation rates, and improved life prospects. In Connecticut, the achievement gap between students in affluent and underprivileged districts is one of the widest in the nation. Standardized test scores, college admission rates, and even graduation rates reflect these disparities, underscoring the urgent need for reform.
Students in underfunded districts
often lack access to Advanced Placement (AP) courses, college counseling, and extracurricular activities that are critical for college and career readiness. Without intervention, these disparities perpetuate cycles of poverty, limiting economic mobility and perpetuating social inequality.
To address these issues, Connecticut must overhaul its Education Cost Sharing (ECS) formula, which determines the distribution of state education funds. While the ECS formula has undergone several revisions, it continues to fall short in addressing the fundamental inequities between districts. The state must adopt a needsbased funding model that allocates resources based on student and district characteristics, such as poverty levels, English language proficiency, and special education needs.
A more equitable formula would prioritize high-need districts, ensuring that state funds are directed to areas where they can have the greatest impact. For example, increasing the state’s contribution to districts like Hartford and Bridgeport could help reduce class sizes, update infrastructure, and provide students with the tools they need to succeed. This approach would not only address immediate resource gaps but also help level the playing field for future generations.
Connecticut’s current reliance on local property taxes must be supplemented by a greater commitment from the state government. While Connecticut is one of the wealthiest states in the nation, its per-pupil spending varies dramatically across districts due to unequal local contributions. Increasing state funding for education would help bridge these gaps, ensuring that all students have access to high-quality education regardless of their community’s wealth.
Addressing funding inequalities also requires innovative approaches that extend beyond government resources. Community partnerships with local businesses, nonprofit organizations, and higher education institutions can provide additional support for underfunded schools. For instance, businesses can sponsor STEM programs, donate technology, or offer internships to high school students, while nonprofits can provide tutoring, mentoring, and after-school programs.
Reforming the funding system is only the first step; ensuring that resources are used effectively and equitably is equally important. Transparent budgeting processes and rigorous accountability measures are essential to guarantee that funds reach the students and schools that need them most. This includes regular audits, community involvement in decision-making, and clear reporting on how funds are allocated and spent.
Additionally, schools must be held accountable for improving student outcomes. Increased funding should be accompanied by investments in evidence-based programs, such as early childhood education, teacher professional development, and targeted interventions for struggling students. By focusing on proven strategies, Connecticut can maximize the impact of its educational investments and drive meaningful change.
Addressing funding inequalities in Connecticut is not just a moral imperative; it is an economic necessity. A well-educated workforce is critical for the state’s long-term economic growth and competitiveness. By investing in all students, Connecticut can reduce poverty, lower crime rates, and create a more equitable society.
Moreover, failing to address these disparities comes at a significant cost. The long-term economic impact of underfunding education—lost productivity, increased reliance on social services, and higher incarceration rates—far outweighs the upfront costs of equitable investment. By prioritizing education funding, Connecticut can build a stronger, more inclusive economy that benefits all residents.
The persistent funding inequalities in Connecticut’s public education system demand urgent action. Reforming the state’s funding formula, increasing state investment, fostering community partnerships, and ensuring accountability are essential steps to-
Mission: To assist local and regional boards of education in providing
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
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
Ethel Grant | Member at Large, Naugatuck
AREA DIRECTORS
Marion Manzo | Area 1 Co-Director, Region 15
Thomas van Stone | Area 1 Co-Director, Waterbury
Jennifer Hockenhull | Area 2 Co-Director, Hartford
Lisa Simone | Area 2 Co-Director, Bloomfield
Julia Dennis | Area 2 Co-Director, Berlin
Karen Colt | Area 3 Co-Director, Vernon
Kelley | Area 3 Co-Director, Stafford
Chris Stewart | Area 4 Co-Director, Putnam
Ailla Wasstrom-Evans | Area 4 Co-Director, Brooklyn Chris Gilson | Area 5 Co-Director, Newtown
Malhotra | Area 5 Co-Director, Ridgefield Lee Goldstein | Area 6 Co-Director, Westport
McCammon | Area 6 Co-Director, Darien
Hatfield | Area 7 Co-Director, Seymour
Mongillo | Area 7 Co-Director, Derby
Strumello | Area 7 Co-Director, Seymour
Dahlheimer | Area 8 Co-Director, Region 13
Seth Klaskin | Area 8 Co-Director, Madison
Kim Walker | Area 8 Co-Director, Westbrook
ASSOCIATES
Jaime Barr Shelburn | Associate, East Lyme
Ethel Grant | Associate, Naugatuck
Becky Tyrrell | Associate, Plainville
COMMITTEE CHAIRS
Lee Goldstein | Chair, Federal Relations, Westport Laurel Steinhauser | Chair, Resolutions, Portland Lindsay Dahlheimer | Chair, State Relations, Region 13
CITY REPRESENTATIVES
Christina Baptiste-Perez | City Representative, Bridgeport
Francoise Deristel-Leger | City Representative, Hartford
Rivera | City Representative, New Haven
Koc | City Representative, Stamford
Ireland | City Representative, Waterbury
Leonard Lockhart President, CABE
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
Blue Line Solutions
Brown & Brown
Chinni & Associates, LLC
Coordinated Transportation Solutions Dattco, Inc.
ESS
Franklin Covey
GWWO Architects
The Lexington Group Perkins Eastman
The S/L/A/M Collaborative Zangari Cohn Cuthbertson
Duhl & Grello, P.C.
EDUCATIONAL AFFILIATES
Above Line Solutions
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 Technical High Schools
Cooperative Educational Services (C.E.S.)
EASTCONN
EdAdvance
EDC Solutions
Explorations Charter School
Great Oaks Charter School
Integrated Day Charter School
ISAAC
LEARN
New England Science & Sailing Foundation
Odyssey Community School, Inc.
The Bridge Academy
EXECUTIVE DIRECTOR
New Years Resolutions for School Boards
Patrice McCarthy Executive Director & General Counsel, CABE
While January brings some personal resolutions for many people, your district strategic plan should form the basis for your board’s resolutions. Your budget document will reflect the priorities of the board and the actions needed to fulfill the goals of the strategic plan. Your board might be focused on resources to support student programs that had been initiated with federal funding – and are now dependent on state and local resources. High dosage tutoring, dual enrollment programs, and programs to reengage students with high rates of absenteeism have all proven successful and require resources to sustain.
The challenge is building support for important initiatives while facing
INSIGHTS
(continued from page 1)
instruction, and professional standards for faculty and school leaders?
• How do we create school climates that foster open, nonpartisan, courageous civic inquiry?
• How do we promote among students curiosity and openmindedness, build intellectual resilience, and foster in them the willingness to explore - and express - their own convictions and commitments?
PRESIDENT
(continued from page 2)
ward creating a more equitable system that benefits every child. Education is not just a privilege; it is a fundamental right that should not be determined by a student’s ZIP code. By addressing these systemic disparities, Connecticut can fulfill its promise of equal opportunity and set a national example for educational equity. This is a logical approach for rural, suburban, and urban districts.
I urge you to make education funding a priority in this session. Join with your municipal colleagues and make your voices heard at the legis-
budget constraints. I believe the message delivered by Dr. Tim Shriver at the CABE/CAPSS Convention can help us meet this challenge. Dr. Shriver emphasized the importance of treating others with dignity and respect –even those who have very different perspectives. When you are talking to a fellow board member, concerned community member or your local legislator, it is important to hear their perspective – and acknowledge it with respect. Calmly articulating the rationale for your perspective can lead to a productive discussion of a shared goal – preparing all our students for the opportunities and challenges they will encounter for decades after they leave your district. At the board table, modeling the civility we want to see at all levels of government sets the tone for your board colleagues and the
Donna Hayward, principal of Haddam-Killingworth High School who was named the 2023 National Principal of the Year focused her remarks on the importance of becoming active activists for students and education. Her recommendations:
• Tell our own stories by feeding the media positive stories and correcting misperceptions
• Elevate the profession
• Engage in the political process and advocate at the local level and focus on what we can agree on.
Among the breakout sessions was a workshop that explained how
lature. The time to act was yesterday but must be now because every child deserves the chance to succeed.
STATE BOARD
(continued from page 1)
SDE is proposing a tuition schedule for approved private special education programs to assist the contracted LEAs to appropriately prepare for the current and subsequent year tuition costs.
Proposals that have a fiscal impact have gone straight to the Office of Policy Management for consideration into the Governor’s budget.
community to have those meaningful discussions.
Your commitment to the value of public education and supporting resources to meet the needs of all students has never been more important. During the recent CABE/ CAPSS Convention I heard several people refer to a feeling of joy. The opportunity to network and engage in quality professional development created that emotion. I hope you can join me in bringing that joy to 2025 with a continued commitment to all our students.
a school developed core competency areas. Each academic department defined the departmental skills to support these school wide core competency areas, and teachers then used those skills as a basis for project based assessments. For example, in the English Department, the skill identified was composition which aligned with the school wide competency area of communication. The conference provided the opportunity for educational leaders from around the world to share best practices for supporting students.
Meeting of Interest
n Connecticut State Board of Education
January 15, 2025 9:30 a.m.
450 Columbus Boulevard Plaza North Conference Room C and D
See You in Court – The Nutmeg Board of Education
Big Bucks Makes a Donation to 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.
Bob Bombast, veteran member of the Nutmeg Board of Education, has been frustrated by the perennial need to reduce the Board’s budget request before submitting it to the Nutmeg Board of Finance and its parsimonious Chair, Seymour Dollars. Bob was delighted, therefore, to reconnect with his high school friend, Big Bucks, who has recently moved back to Nutmeg after making his fortune in tech. Bob saw an opportunity to supplement the Board budget by talking Big into making a large donation to the Nutmeg Public Schools.
Bob met Big for coffee to make his pitch. Bob started by reminiscing with Big about their days at Nutmeg Memorial High School. Neither was much of an athlete, but they became fast friends as members of the Computer Nerds Club. Bob gently approached the possibility of a donation. “Who knew where your interest in computers would take you? You have done very well for yourself. How well have you done, if you don’t mind my asking?”
“I am very fortunate,” Big told Bob. “I was at the right place at the right time, and I will never have to worry about money again.”
Bob did not let Big’s vague response deter him. “I should have stuck with computers myself,” Bob responded. “At least I have had the pleasure of serving our community as a member of the Nutmeg Board of Education. But there is just one problem -- the needs of our school district are far greater than the community is willing to fund.”
Big took the bait. “Do you think that I could help? My son is just entering the middle school, and I want him and his classmates to have a good experience.”
Bob was quick to respond. “The middle school years are critically important. Middle school is a great time for students to explore different paths
without getting grades that will be included on the transcripts that they will be submitting to college. We have been trying to provide a state-of-the art computer to each of our middle school students, but each year we end up having to cut the money for these new computers from our budget request.”
Big perked up. “Maybe I can help! I would be happy to donate the amount that the Nutmeg Public Schools needs to buy premium computers for all students attending Median Middle School. Will $100,000 do it? I have just two conditions for making this donation,”
“Whatever you want!” Bob shot back. “We can make this happen.”
“Great!” responded Big. “I will write the check right now if you can assure me that (1) my donation will be tax deductible, and (2) my identity will be confidential. As you can imagine, people are hitting me up all the time looking for money for this or that. I don’t want anyone to know that I have paid for these new computers.”
“Consider it done!” Bob assured Big. Big then promptly wrote out the check and handed it over to Bob after signing it with a flourish.
Bob promptly dropped the check off at the Board Offices, and Bob made the big announcement at the next meeting of the Nutmeg Board of Education. “An anonymous donor has made a substantial donation to the Nutmeg Public Schools, and I am pleased to announce that all middle school students will be getting fancy new computers next year.”
Local reporter Nancy Newshound was intrigued by Bob’s announcement. The next day, Nancy sent Mr. Superintendent an email with a FOIA request for “any and all records revealing the identity of the anonymous donor mentioned at the Board meeting last night.”
Can the Board keep Big Bucks’ identity a secret?
The donation Big Bucks made to the Nutmeg Public Schools raises a number of legal issues, and whether Big can remain anonymous is one of them. Under the Freedom of Information Act, the definition of “public records” includes information recorded in any manner that relates to the business of the public agency. If the district kept a copy of the check from Big (or if its bank statement later
includes an image of the check), those records would be subject to disclosure in response to Nancy’s request. If a donor truly wants to remain anonymous, the actual donation must be made by a third party on behalf of the donor, for example, by legal counsel for the donor.
Reviewing this matter more generally, we first note that Conn. Gen. Stat. § 10-237(c) provides that boards of education “may receive and accept any donation or gift of personal property to be used for the educational benefit of students,” and “personal property” includes cash. Moreover, the statute permits boards of education to accept and use (or expend) the gift without municipal approval. However, given the concerns described below, boards of education are well-advised to adopt policies concerning the acceptance of gifts. Typically, such policies exclude gifts of minimal value below a specific threshold, but otherwise they require review and action before a gift is accepted.
There are, of course, practical con-
cerns over gifts. Will accepting the gift result in future maintenance expenses? Would accepting the donation implicate the interests of the municipality because it would affect the real property owned by the municipality?
There are also legal concerns in considering whether to accept a gift of personal property. Conn. Gen. Stat. § 10-220(a), “Duties of boards of education,” provides:
Each local or regional board of education shall . . . shall give all the children of the school district . . . as nearly equal advantages as may be practicable; shall provide an appropriate learning environment for all its students which includes . . . equitable allocation of resources among its schools . . . .
Accepting a significant gift that will benefit the students in one school in a district could trigger review of that action under this provision requiring an “equitable allocation of resources.”
Accepting donations can also raise
See SEE YOU IN COURT page 8
CABE: Working for YOU
Individualized Workshops | Professional Development Opportunities Legal Services | Policy Services | Representing You Statewide and Nationally
Below are the highlights of activities that the CABE staff has undertaken on your behalf over the last month. We did this:
By providing opportunities for members to learn how to better govern their districts:
z Responded to 58 requests for policy information from 22 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 about Exit Interviews, Title IX, FAFSA completion.
By helping school boards to increase student achievement:
z Planned and implemented CABE/ CAPSS Convention
z Planned and implemented CABE New Board Member Orientation/ Leadership Conference
By ensuring members receive the most up-to-date communications:
z Provided one issue of Policy Highlights via e-mail, with information regarding:
• State Law That Governs Local Board of Education Budget Preparation, Approval, and Modification
• Board of Education Duties and Budget Development
By attending Professional Development to strengthen staff knowledge and skills.
z Attended NEASC Annual Conference
z Attended a workshop on a DEI Initiative for Discovering Amistad
z Attended New England Society of Association Executives (NE/SAE) webinar on financial reserves.
z Attended monthly Title IX on the Nines webinars presented by a Pullman & Comley attorney providing updates on Title IX implementation and legal actions.
By providing services to meet member needs:
z Planned and implemented CABE Delegate Assembly
z Provided webinar on Pathways to Grow a Diverse Educator Workforce.
z Responded to a variety of legal inquiries from members.
z Provided a legislative update for the Thomaston Board of Education.
z Continued to participate in a working group developing a Title IX Toolkit.
z Working with the State Board of Education and the Digital Learning Advisory Council on developing “AI B est Practices in Schools.”
z Participated in a planning committee organized by the CSDE’s Math and Computer Science Consultant to bring a screening of the movie Counting Out to Connecticut.
z Presented workshops at the CABE New Member Orientation/Leadership Conference on policy development, cell phone policy, and Eight Mistakes Commonly Made by Board Members.
z Presented a workshop on the Board’s Policy Role at the CABE/CAPSS
Convention
z Prepared materials for Danbury, Marlborough, New Fairfield, New Hartford, New Haven, and Gilbert School as part of the Custom Update Policy Service.
z Prepared materials for the Bridgeport, Danbury, Region 11, Stratford, and Woodbridge Public Schools as part of the Custom Policy Service.
z Preparing a Policy Audit for the Bristol and Scotland Public Schools.
z Currently assisting the Region 20 Board of Education with their superintendent search.
By helping districts operate efficiently and conserve resources:
z Posted policies online, as part of the C.O.P.S. Program for Avon, Bolton, Bristol, Cheshire, Danbury, Killingly, Monroe, New Fairfield, New Hartford, Portland, Preston, Region 18, Ridgefield, Voluntown, and Woodbridge.
By representing Connecticut school boards on the state or national level:
z Participated in SDE Special Education Forum on “Belonging,”
z Discussed federal education issues with the Hartford Courant and NBC-CT
z Participated in NSBA Audit Committee meeting.
Use Your Meeting Time Wisely
Nicholas D. Caruso, Jr. Associate Executive Director for Field Service and technology, CABE
Dwight Eisenhower was responsible for a number of important things in his long career serving the people of the U.S. As a member of the U.S. Army he served in many roles. As a young Army engineer, he took part in a mapping expedition that created the first transcontinental roadway. As a general he was as important to the Allied victory in World War II as anyone.
He helped usher in the 1950s and helped our country navigate a new world order, including helping to create NATO.
He also created a tool that has helped guide me in my profession, and leaders in every type of organization, whether it is business, government or not for profits.
Eisenhower developed the concept known as the Eisenhower Matrix
This idea can be articulated with the accompanying graph.
The chart identifies four “Quadrants” – Important, Unimportant, Urgent and Not Urgent
Paying attention to the categories in this chart can have a big effect over the type of work a board of education
accomplishes over time. When time and resources are difficult to find, it becomes important to prioritize what we do and how much attention it needs.
This matrix can help you do that. It breaks down to two main categories:
1. Importance of the task to the overall success of the mission.
2. Urgency with which the task needs to be carried out.
How much of your board of education meetings do you spend the precious resource of time on things that are unimportant? Do issues that are urgent take you away from planned
work, even if it is unimportant? I suggest that boards of education look at how well they manage their meeting time relative to importance and urgency. Be prepared to set some work aside for a later date, to accomplish what must be done. It also helps to look at who is responsible for issues as they come forward. Typically, if it is urgent and important, it tends to fall into the superintendent’s domain. During COVID, it seemed like everything was important and urgent, and usually fell within the responsibility of the Chief Executive Officer.
Long-term planning and vision are the domain of the Board of Education. This typically falls into the Important and Not Urgent category. Goal-setting, strategic planning, Portrait of a Graduate are all examples of work that is critical for improving learning, but has the benefit of time to do it well.
My advice is for your board/superintendent team challenge each other to focus their work appropriately based on how issues fall on this matrix. If it is Not Important, delegate it to someone else, create policy to give direction to others, or decide that it does not need to be considered at all.
(continued from page 6)
issues under Title IX. That law requires that students have equal opportunities irrespective of gender, and opportunities can be measured by the amount of expenditures. If the football boosters make a significant donation to the district’s athletic program to replace equipment or to purchase blocking sleds, for example, the value of the
CABE Advocacy 2025
additional Area Legislative Breakfasts
donation will be ascribed to the school district as an expenditure for boys sports, which could cause a disparity between measured support for boys sports and for girls sports.
Finally, there can be tax consequences of such donations. The Internal Revenue Code, 26 U.S.C. § 170, provides that a charitable contribution to a governmental entity is tax deductible, but “only if the contribution or gift is made for exclusively public
purposes.” Accordingly, a contribution that directly benefits the donor would not be deductible. Here, it seems unlikely that the mere fact that Big’s child attends Median Middle School would disqualify the charitable contribution as tax deductible. However, uncertainty on this point underscores an important aspect of accepting charitable gifts to school districts. Bob should not have been so quick to assure Big that his gift would be tax deductible.
Rather, in accepting gifts, school officials must be clear to the donor that tax implications of the gift are for the donor alone to figure out.
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.
POLICY IN PRACTICE
Likely Policy Trends for the Coming Year
Jody Goeler Sr. Staff Associate for Policy Service, CABE
As many of the lists released at the end of the year look back on major events and artistic achievements, CABE’s Policy Department looks forward to the new year. Specifically, what are the societal, political and legal trends that may impact policy development?
Technology
The Connecticut State Board of Education recently adopted guidelines to assist districts in developing policies restricting personal electronic devices, such as cell phones, in school. Many boards across the state are taking the opportunity to review and reflect upon their current policies. These deliberations consider the extent to which district policies restrict personal technology device use and the degree to which their current policies are being enforced.
Deliberations should provide time for significant community input and consideration. Once policies are drafted, attention will shift to rollout. Given the need for time, we can reasonably expect to see many districts across the state ready to implement more restrictive policies at the beginning of the 2025-26 school year.
In addition, Artificial Intelligence will continue to play a more significant role in virtually all facets of public education. CABE’s Policy Department has recently added a Model Electronic Device Policy (5131.81) that follows the states’ guidelines and a model AI Policy (6141.3273) to assist districts in addressing the challenges and opportunities created by rapid advances in AI technology.
Protections
During Donald Trump’s first presidential term, then Secretary of Education Betsy DeVos revised Title IX Regulations to permit schools to use a higher standard of proof (“clear and convincing evidence”) and to state clearly whether the standard of evidence to be used to determine sex discrimination is the preponderance of the evidence.
Joseph Biden followed by appointing, Miguel Cardona, Education
Secretary. His department revised Title IX Regulations to require schools to use a “preponderance of the evidence” standard of proof unless a clear and convincing standard is used in all other comparable proceedings. This substantially lowered the clear and convincing evidence standard burden of proof for obtaining a “conviction” of the accused.
Along with other significant changes, the Biden administration broadened protections to include sex stereotypes, sex characteristics, sexual orientation, and gender identity. We’ll likely see another revision to Title IX policies to comply with likely changes to the Regulations and Grievance Procedures – narrowing protections and increasing standards of proof, among other areas related to student
related to university presidents’ responses to Palestinian/Israeli protests and reports of antisemitism on college campuses, CABE’s Policy Department has developed a new Model Policy (0521.3) on this topic for districts to consider.
Church and State
The Establishment Clause is part of the First Amendment to the United States Constitution. It states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This clause prohibits the government from establishing an official religion or favoring one religion over others. It also ensures the government does not unduly prefer religion over non-religion or vice versa.
CABE’s Connecticut Online Policy Service (C.O.P.S.) continues to offer school districts an economical way to make all of your district’s policies readily accessible on the internet.
protections. CABE’s legal and policy departments will continue to monitor updates to proposed changes and newly adopted regulations and provide model policy guidance along the way.
Until then, however, districts are still required to comply with the 2024 Regulations, which must have been adopted by August 1, 2024.
Academic Freedom
While fewer reports of book challenges have been reported over recent months, a renewed debate over parents’ rights will likely emerge with the new administration. Reviewing policies that address ways parents can be involved in their children’s education and making parents aware of these opportunities can strengthen the bond and build trust between the board of education and the parent community. With greater trust, oppositional voices may be less likely to take hold in your community and perhaps decrease the chances that threaten academic freedom and tolerance for diverse thought.
With a recent movement toward universities adopting “Institutional Neutrality” policies (see December’s CABE Journal) to address concerns
According to an article in an Oklahoma newspaper, more than 30 Oklahomans, representing parents, children, public school teachers and faith leaders, filed a lawsuit asking the Oklahoma Supreme Court to halt a Bible-teaching mandate for state schools issued by state schools Superintendent Ryan Walters in June (“Lawsuit asks Oklahoma Supreme Court to Stop Walters’ Mandate, State Spending on Bibles. Murray Evans, The Oklahoman, October 17, 2024). The lawsuit also seeks to bar the Oklahoma State Department of Education from spending $3 million in state money on Bibles.
The lead plaintiff in the case, local minister Lori Walker, contended, “The government has no business weighing in on such theological decisions,” adding, “Superintendent Walters’ plan to use taxpayer money to buy Bibles and force schools to teach from them is illegal and unconstitutional.” Responding to the plaintiff’s arguments, Walters asserted, “The simple fact is that understanding how the Bible has impacted our nation, in its proper historical and literary context, was the norm in America until the 1960s, and its removal has coincided with a pre-
cipitous decline in American schools.” He added, “It is not possible for our students to understand American history and culture without understanding the Biblical principles from which they came, so I am proud to bring back the Bible to every classroom in Oklahoma.” (Evans, 2024)
While no hearings have been set, most of Oklahoma’s larger school districts have publicly stated their intentions to defy Walters’ directive and teach according to the current state academic standards approved by the Legislature; state law allows the Bible to be used as a teaching resource but gives the authority to local school boards to make such decisions.
This particular case remains at the state level. However, we’ve seen in the past that similar decisions can be appealed to the Supreme Court and impact current understanding of principles such as Separation of Church and State. This and other similar state cases will be worth watching as the new year begins.
Conclusion
With a new administration set to take power on January 20th, we’ll likely see proposed changes that extend beyond those noted here. CABE’s policy department will continue to monitor and share updates with our member districts and update our policies to ensure they remain compliant with the new legal mandates and judicial decisions likely to come our way.
In the spirit of looking forward, the Policy Department looks to continue its efforts to reduce paper and tailor ways we can assist member districts in auditing and updating policy manuals. More to come!
As a reminder, CABE’s Connecticut Online Policy Service (C.O.P.S) continues to offer school districts an economical way to make all of your district’s policies readily accessible on the internet. This service also ensures your policies are ADA and Section 504 accessible and can be translated into multiple languages. For more information regarding this service, please do not hesitate to call at any time.
A happy and healthy New Year to all!
Connecticut School Attorneys Council Holds Annual Business Meeting
invitations to Director McKeon to attend its meetings and he has been accepting frequently.
The Connecticut School Attorneys Council held its annual business meeting on November 15 in conjunction with the CABE/CAPSS Convention. The Council met to discuss current issues in education and elect new officers.
Herbert Rosen (Berchem Moses) was elected President of the Council and Kelsey Scarlett (Shipman & Goodwin) was elected Secretary.
The meeting was attended by attorneys from a variety of firms and organizations from across the state. As an invited guest, the Connecticut State Department of Education’s Director of Legal and Governmental Affairs, Mike McKeon, fielded questions from the group.
Since late 2022, the Council has been regularly extending
The meeting included a portion dedicated to a discussion with Director McKeon, who offered timely information and in-depth discussion on a variety of topics. Among them, the group discussed the potential of guidance on several topics, including Board Certified Behavior Analysts in schools. On the topic of special education, the group inquired as to the potential for guidelines regarding Planning and Placement Team meetings and the exchanging of documents prior to mediation.
The group also asked about components in the Title IX toolkit, implementing the new paid sick leave law, and the potential for additional trainings or resources related to the new bullying law.
The discussion with Director McKeon also included questions
about the new law regarding suspensions. As points of reference, under Public Act 24-45, there are several changes to the statutes dealing with suspensions, including to Sections 10-233a and 10-233c of the Connecticut General Statutes. In-school suspensions are now limited to five consecutive school days, where the limit was previously set at ten such days.
The Act also created new rules for out-of-school suspensions for students in preschool to grade two. There, such a suspension can only be for up to five school days and only for “behavior that causes physical harm.” Further, such a suspension requires:
“(B) that such pupil receives services that are trauma-informed and developmentally appropriate and align with any behavioral intervention plan, individualized education program or plan pursuant to Section 504 of the Reha-
bilitation Act of 1973, as amended from time to time, for such pupil upon such pupil’s return to school immediately following the out-of-school suspension, and (C) considers whether to convene a planning and placement team meeting for the purposes of conducting an evaluation to determine whether such pupil may require special education or related services.”
The group was engaged during Director McKeon’s portion of the meeting and those in attendance were able to participate in important dialogue with the Director.
During the meeting’s general discussion, the Council discussed the special education task force findings report and collective bargaining issues. The Council plans to hold its next regular meeting in June.
Conrad Vahlsing Deputy General Counsel, CABE
CABE NEW BOARD MEMBER ORIENTATION/ LEADERSHIP CONFERENCE – DECEMBER 3
CABE Deputy Executive Director Lisa Steimer introduced the session Advocating for Your Budget presented by Karen Bonfiglio, Business Manager, Glastonbury; Patti Renaud, Director of Communications, Glastonbury; Joe Martino, Director of Finance and Operations, Region 15; and Michael Lopes, Assistant Director of Finance and Operations, South Windsor.
Conrad Vahlsing, CABE Deputy General Counsel, and Jody Goeler, CABE Sr. Staff Associate for Policy Service, finished out the day's sessions with the 8 Common Mistakes Board Members Make.
CABE Deputy General Counsel Conrad Vahlsing presented on Parliamentary Procedures.
Board members and superintendents engaged in a day of learning.
Presenting on Advancement in Technology and Learning were Irene Parisi, Chief Academic Officer, CSDE; and Doug Casey, Executive Director, CT Commission for Educational Technology.
Discussing Diversity, Equity, Inclusion and Belonging are CABE DEI Consultant Martha Brackeen-Harris and CABE President Leonard Lockhart (Windsor).
CABE President Leonard Lockhart welcomed conference participants.
Sheila McKay, CABE Associate Executive Director for Government Relations presented Ready. Set. Advocate!
Tony Perugini, CABE Secretary/Treasurer (Cheshire) discussed Balancing the Needs of Confidentiality.
Meg Scata, CABE 1st Vice President (Portland) and Matt Conway, CAPSS Past President, Superintendent, Derby, kicked off the Joint Session with the Roles and Responsibilities of Board Members and Superintendents presentation, facilitated by CABE Executive Director and General Counsel Patrice McCarthy.
Patrice McCarthy, CABE Executive Director and General Counsel; Sheila McKay, CABE Associate Executive Director for Government Relations; and CABE Deputy General Counsel Conrad Vahlsing presented on Statutory Requirements, Legal Issues and Advocacy.
