The CABE Journal - December 2020

B C

www.cabe.org

Vol. 24, No. 12

December, 2020

Board Chairs Demonstrate Leadership in Crisis

State Board of Education Meets Sheila McKay

Sr. Staff Associate for Government Relations, CABE

•D evelopment of a more integrated statewide “career pathways strategy that effectively responds to today’s workforce

Since schools were forced to abruptly close in mid-March, I have been impressed with the resilience and leadership demonstrated by the chairs of Connecticut boards of education, as well as their board members. During this public health crisis, board chairs participated in weekly (now bi-weekly) board chair check-in virtual meetings beginning in March. Many board chairs have participated in every single meeting, sharing their successes and challenges, and receiving valuable information and tools from state-level experts on issues including social emotional learning, health metrics, diversifying the educator workforce and athletics.

Board members have a been active participants in CABE’s virtual professional development offerings.

While some of these virtual webinars have focused on COVID-19 related issues, others included the basic skills of boardsmanship. Board chairs have also reached out to arrange for CABE staff to facilitate board retreats, enabling board members to enhance their understanding of board and superintendent roles and responsibilities.

These board chairs have recognized the importance of a strong board/superintendent team, and that a time of crisis can exacerbate existing

See WORKFORCE COUNCIL page 10

See LEADERSHIP page 7

Happy Holidays!

Governor’s Workforce Council Releases Strategic Plan Despite the difficulties of working through the COVID-19 crisis, the Governor’s Workforce Council, established to act as the principal advisor to Governor Lamont a year ago, released its “strategic plan” on October 22.

School board members and superintendents understand the importance of ensuring that our State has the skilled and capable workforce to tackle the needs of business and industry now and into the future.

One of the most important tasks of our education system is to prepare our students for the world that they will inherit. Without the proper

preparation, the quality of life of all citizens in Connecticut will suffer.

The many financial issues we face, such as funding of our schools, paying our pension debts and providing opportunities for advancement of all of our citizens will in turn, be impossible to achieve.

The Council, which, unfortunately did not include any school board members, sees the necessity of career pathway systems aligning “training and education with occupational demand and career opportunities…”

The plan states that “Career Building strategies will promote lifelong learning and modernize core skills in digital literacy, problem-solving, teamwork and communication.”

Here are some of the recommendations in the Plan:

inside

Robert Rader

Executive Director, CABE

Connecticut Association of Boards of Education Inc.

See STATE BOARD page 2

Patrice McCarthy

Deputy Director and General Counsel, CABE

81 Wolcott Hill Road Wethersfield, CT 06109-1242

As schools started back in session for the academic year in various modes, the State Department of Education (SDE) is keeping abreast of enrollment and attendance. Ajit Gopalakrishnan, Chief Performance Officer, broke down the numbers of a newly created data stream to track attendance at the November meeting of the State Board of Education.

He mentioned having to review the definition of attending, to recognize that if a student completes assignments in an asynchronous manner, that satisfies attendance.

Of the 15,000 fewer students – a 3 percent decrease – enrolled in Connecticut schools this year, 50 percent are pre-K and kindergarten, another 10 percent are first graders.

There is an increase in students whose family has chosen to home school, up from approximately 550 to 3,500. Of the students not enrolled, two-thirds of them are from the Alliance Districts.

Students do not have to enroll in school until they turn seven under Connecticut General Statute 10-184: “The parent or person having control of a child five years of age shall have the option of not sending the child to

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COVID-19 and FERPA

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CABE Affiliate:

CT Arts Administrators Association

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Policy Direction of School Mascots

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Continuous Improvement Toolkit Now Available

Periodical Postage PAID Hartford, CT

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The Journal – Connecticut Association of Boards of Education | December, 2020 PRESIDENT COMMENTARY

Federal Support for Public Education Donald Harris President, CABE

As I write this, we have a new presumptive President and Vice-President-elect, Joe Biden and Kamala Harris. This election was especially significant to me because, for the first time, our country elected a woman who represents African-American and South Asian cultures. As a matter of fact, the Biden-Harris team were the first candidates in Connecticut voting history to get one million votes. I am not going to dwell on the political side of all this, but I do want to express my thoughts about what I think will happen to public education as a result of this latest national election. For the past four years, it seemed that public schools were often working without the support of the federal government, particularly from the U. S. Department of Education.

There has been a movement away from national academic standards, educational equity, diversity and inclusion, as well as promised money to deal with services for special education needs. The whole matter of financial support for our public schools has been reduced for the past four years.

With the onset of this pandemic eight months ago, there has been a disturbing lack of support for our public schools as they have struggled to remain open by having to learn how to educate our children virtually, redesign the inside of the schools and school buses, provide masks, sanitize,

Did You Know?

For the price of CABE dues, your board and superintendent are eligible for:

•A dvocacy Highlights, Policy Highlights and other emailed updates, as well as the CABE Journal with information on current issues and best practices.

•U nlimited help for your advocacy efforts with the Legislature, the State Board of Education and other state and federal officials.

•C ABE Labor Relations survey information.

creatively schedule and coordinate with the public health department.

Other than insisting schools remain open, there was precious little done by the federal government to help make that happen in a safe and effective way.

I personally have felt that our federal government has not been there to help us educate our children during the past several years.

So, what might we see in the next four years from our federal government?

First, there is every indication that we will see a Secretary of Education who comes from the education world.

Having an educator as Secretary would immediately show a renewed focus on the importance of our public schools.

The global pandemic has shown just how vital our schools are for the economy and how that connects to what we do needs to be encouraged.

The most pressing crisis our schools are reeling from is, of course, the COVID-19 pandemic. We need leadership starting from the top, but in particular, from the U.S. Department of Education. Guidance, not mandates, on when to hold school in-person or to revert to online learning on a national level would be helpful. Sharing best practices and serving as a clearinghouse for research is critical. Helping boards of education to operate their schools needs to be a national priority.

Even things like PPE and cleaning supplies are hard to get and would benefit from federal assistance.

The pandemic has brought out just how much a lack of equity affects children of color and of poverty (often the same children) and how much more severe it is when we are forced to teach in an online environment.

STATE BOARD

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school until the child is six years of age and the parent or person having control of a child six years of age shall have the option of not sending the child to school until the child is seven years of age. The parent or person shall exercise such option by personally appearing at the school district office and signing an option form.”

During a discussion on the Office

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 Now the disparities of school preparation and support are exacerbated by a lack of technology and connectivity.

Underserved communities are even more behind due to limited access to the internet.

The State of Connecticut has made this a priority, but mixed messages from our federal government have made it difficult for individual states to move forward in a uniform manner. Instead, we see states having to replicate efforts individually. We are fortunate to have a Commissioner of Education here in Connecticut who “gets it” and is working hard to support us, but Connecticut, like all other states, by itself, lacks the resources to do everything we need. Federal support is critical for our success.

Every year in January, a committee from CABE attends the NSBA Advocacy Conference in Washington, D.C. On the last day of our three-day work, we take a bus ride to the U.S. Capitol to meet with the Connecticut delegation and members of Congress.

We spend time talking to them about how we need them to advocate for our children. Today, there is nothing more important than that personal request to advocate.

I call on all board members to reach out to our federal representatives to remind them of the importance of strong public schools and encourage them to push for more support to local public schools. of Policy Management’s (OPM) annual request for a budget reduction proposal from each state agency, SDE has again this year kept ECS at the current service level. Changes to the charter school landscape in Stamford have caused SBOE members to delve into a comprehensive school choice funding review and the need to update their policy position statement. Many expressed a desire to have the various choice programs be more equitably funded.

EXECUTIVE COMMITTEE Donald Harris | President, Bloomfield Elizabeth Brown | First Vice President, Waterbury Michael Purcaro | V ice President for Government Relations, Ellington Bryan Hall | V ice President for Professional Development, East Hartford John Prins | Secretary/Treasurer, Branford Robert Mitchell | I mmediate Past President, Montville Christopher Wilson | Member at Large, Bristol Lydia Tedone | NSBA Director, Simsbury AREA DIRECTORS Bryan Hall | Area 2 Co-Director, East Hartford Leonard Lockhart | Area 2 Co-Director, Windsor Joan Trivella | Area 4 Director, Brooklyn Mic helle Embree Ku | A rea 5 Director, Newtown Karen Kleine | Area 6 Director, Westport George Kurtyka | Area 7 Co-Director, Derby Robert Guthrie | Area 7 Co-Director, West Haven Lon Seidman | Area 8 Director, Essex Sean Nugent | Area 9 Director, Preston ASSOCIATES Julie Auseré | Associate, Canton Eileen Baker | Associate, Old Saybrook Ethel Grant | Associate, Naugatuck Ann Gruenberg | Associate, Hampton Robert Trefry | A ssociate, CT Technical High School System Elaine Whitney | Associate, Westport COMMITTEE CHAIRS Leonard Lockhart | Chair, Resolutions, Windsor Becky Tyrrell | Chair, Federal Relations, Plainville Michelle Embree Ku | Chair, State Relations, Newtown CITY REPRESENTATIVES Ayesha Clarke | City Representative, Hartford Yesenia Rivera | City Representative, New Haven Charles Stango | City Representative, Waterbury STAFF

Robert Rader | Executive Director Patrice McCarthy | Deputy Director and General Counsel Nicholas Caruso | Senior Staff Associate for Field Services and Coordinator of Technology Sheila McKay | Senior Staff Associate for Government Relations Vincent Mustaro | Senior Staff Associate for Policy Service Lisa Steimer | Senior Staff Associate for Professional Development and Communications Teresa Costa | 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 | Administrative Associate for Labor Relations Nancy Propfe | Administrative Assistant for Membership Services Corliss Ucci | Receptionist and Assistant to Executive Director

The CABE Journal (ISSN 1092-1818) is published monthly except a combined issue for July/August as a member service of the Connecticut Association of Boards of Education, 81 Wolcott Hill Road, Wethersfield, CT 06109, (860) 571-7446. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75. Association membership dues include a subscription for each Board Member, Superintendent, Assistant Superintendent and Business Manager. The companies and advertisements found in The CABE Journal are not necessarily endorsed by CABE. “Periodicals Postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. Email: lsteimer@cabe.org. Members can find the CABE Journal online at: www.cabe.org/ page.cfm?p=1024

The Journal – Connecticut Association of Boards of Education | December, 2020

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

Berchem Moses PC Shipman & Goodwin HIGH HONORS

Pullman & Comley HONOR ROLL Anthem Blue Cross and Blue Shield ESS JCJ Architecture SCHOLAR Brown & Brown Chinni & Meuser LLC Coordinated Transportation Solutions Dattco, Inc. Goldstein & Peck, P.C. Kainen, Escalera & McHale, P.C. The Lexington Group Network Support Co. OneDigital Health and Benefits Perkins Eastman T-Mobile The S/L/A/M Collaborative Zangari Cohn Cuthbertson Duhl & Grello, P.C.

EDUCATIONAL AFFILIATES American School for the Deaf Area Cooperative Educational Services (ACES) Capitol Region Education Council (CREC) The College Board Communities in Schools Connecticut Arts Administrators Association Connecticut Association of School Business Officials Connecticut School Buildings and Grounds Association Connecticut School Counselor Association Connecticut Technical High Schools Cooperative Educational Services (C.E.S.) EASTCONN EdAdvance Exploratioins Charter School Integrated Day Charter School ISAAC LEARN

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EXECUTIVE DIRECTOR COMMENTARY

Come Together Robert Rader

Executive Director, CABE

Whether or not your preferred candidates were victorious in last month’s elections, it is time for us all to move forward. It may be merely coincidental, but the holiday season arrives directly after our elections. The warmth of the season, even though the outside temperatures may plunge, reminds us that bitterness and ugliness of the campaigns should be replaced by good will toward all.

Americans have had the opportunity to make our voices heard at the polls. We must remember that our ancestors fought to ensure that we chose democracy on which to base the country. We sometimes forget that voting to select our leaders is a privilege that many in the world do not enjoy.

Having lived through the most recent election, I am glad that most elected board seats were not up this year. The nastiness, negativity and incivility characteristic of the last few months did not envelop the election of board members.

Our children, however, did see the commercials, social media posts and news programs that the partisan elections elicited. As our nation and, to some extent State, have become more and more polarized, the discourse has become angrier, more partisan, and less civil.

School boards, the most grassroots of our institutions, are in a singular position to help our communities heal, move on from the battles and be role models for civility and harmony, even in the face of disagreement. As you “connect the will of your community to the education its children,” there are “best practices” that should help with this responsibility: 1. Leave party affiliations at the door We know that school board elections are almost always partisan in Connecticut and that subsequent votes on the chair are very often done on the basis of party affiliation. Except for those two instances, the majority of our boards “leave their party affiliations at the boardroom door” and vote what’s best for their districts and their students.

2. Be hard on policy, soft on people In a nutshell, these watchwords are key to the action of excellent school boards, who, along with the superin-

tendent, work as a Leadership Team for their districts. Those boards understand that having disputes over policy issues are fine, even necessary for effectiveness. However, board members and superintendents should make decisions based on “respect, trust, civility and regard for each other’s respective roles and responsibilities.”* 3. Break through false biases Glenn Tecker, one of the most expert consultants that we’ve worked with on governance, shared the following advice for associations that should also help guide your board’s work: “Stereotypes are a form of bigotry. The assumption that people from a particular demographic will think, feel, or behave the same is false.

Demographic generalizations without segmentation about values, especially stereotypes based on age, have created excuses for non-inclusive Association communications and marketing strategies.”** Don’t base your thinking on old stereotypes or what somebody thinks about others.

In How to Be An Antiracist, Dr. Ibram X. Kendi, wrote that the idea of race is itself racist, brought about many years ago by those who set up hierarchies based on their racist ideas.

It t is not based on genetic or other differences, as proven by the human genome project which found there are no biological differences between what we call “races.”

4. Never stop learning As you might have noticed over the last few months, there is a huge amount of information and advice coming out every day from many different sources. It is not all about COVID, elections or how districts have handled reopening and sustaining the education of our students.

Some of the best thoughts in many areas have been incubated during this period.

One of the aims of public education is to help raise lifelong learners.

Despite the negatives of our “always on” world, the information available to all of us has exploded. Remember to be critical of what you may see; watch the sources and the biases that might be carried by the writer, network or backgrounds.

5. Represent all the children Whatever constituents may have helped elect you, once you’re on the

Board, you represent ALL the children in your school district, including those of parents who might not have voted for you. Make your decisions based on what is best for all the children, not only for some.

The first bullet of the CABE Code of Ethics for School Board Members reads “Board members and superintendents ensure the opportunity for high-quality for every student and make the well-being of students the fundamental goal of all decision-making and actions.”

One could spend lots of times making up lists of advice for board members. I know, I have. However, if you base your work as a school board member or superintendent on these principle, it should help you as you affect the lives of all your students, those of your staff and those in your community. *Taken from the CABE Code of Ethics for School Board Members. ** Tecker writes about a company named “Valuegraphics” which has built the first global database of what everyone values. “Demographics are an antique way of looking at each other. And we now have half a million surveys to prove it. Millennials only agree on anything, across 436 variables, 15 percent of the time, and given that all humans agree about 8 percent of the time, the millennial cohort aligns 7 percent more often with each other than anyone else…That’s a ridiculously low number. Similar low numbers hold true for any demographic you care to mention. But the good news is there are 56 core human values that slice right through demographic cohorts, providing a through line to a better world, if we just change the way we look at the world. Values bring us together.

Demographic labels from olden days drive us apart.” [Editor’s emphasis]

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The Journal – Connecticut Association of Boards of Education | December, 2020 See You in Court – The Nutmeg Board of Education

COVID-19 and FERPA

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.

The Nutmeg Public Schools had been doing well in the reopening this fall, even moving from a hybrid model to a full reopening model. However, the cases started to rise in Nutmeg and elsewhere, putting that progress in jeopardy. Then, two students from one family came to Nutmeg Memorial High School last week even though, as Mr. Principal learned after the fact, they had both posted positive for COVID-19.

In consultation with the Public Health Director in Nutmeg and Ms. Superintendent, Mr. Principal notified staff and students that the High School will be shut down for two weeks. There was general consternation, and social media lit up with speculation as to why the district was forced to close the High School. Teachers and students wondered aloud on social media whether they have been exposed, and several parents posted intemperate remarks about the lack of transparency of the High School, the Superintendent and even the Nutmeg Board of Education.

Bob Bombast, veteran member of the Nutmeg Board of Education, shared the general frustration. On his Facebook page, Bob decried the carelessness of parents who would send their children to school after a positive COVID test, stating that any such parents should be punished for such irresponsible behavior.

By email to Ms. Superintendent and the rest of the Board, Bob demanded that the Board convene an emergency meeting to discuss next steps. Mr. Chairperson responded that there was no emergency, but that he was calling a special meeting to discuss these matters further. Bob wrote back to insist that the Board meet in person because an executive session would certainly be necessary to address his many concerns about the Board’s roles in these matters.

Mr. Chairperson agreed, and two days later the Board met in person, with the public and press participating remotely. At his first opportunity, Bob vowed to hold the responsible parties accountable for endangering the health and safety of staff and students at Nutmeg High School. However, none of the other Board members joined in his outrage, and Ms. Superintendent

responded with conciliatory comments about the need to “get through this crisis together.”

Bob was not mollified, and he demanded that the Board convene in executive session “for the purpose of discussing the performance of the Superintendent.” Mr. Chairperson shrugged a “whatever” and asked for a motion to go into executive session.

Once the Board was in executive session, Bob confronted Ms. Superintendent with his demand that the parents and students involved be punished. Ms. Superintendent demurred, but Bob kept up the attack. “Do you know who they are?” Bob demanded. “Because if you know, we Board members should all know!

Ms. Superintendent pushed back.

“With all due respect, Bob, that is none of your business. This is an administrative matter, and we are handling it, thank you very much! I am sorry, but I cannot give you the names of parents and students involved!”

Is Ms. Superintendent correct in stating that Board members are not entitled to this information?

• • • • • • • • • • • • • • • Ms. Superintendent is correct. Given their oversight responsibilities, board of education members do have the right to receive confidential information under certain circumstances. However, absent consent of the parent or eligible student, the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, generally requires that personally-identifiable information contained in student records be kept confidential, and such information includes the name of the parents.

FERPA does set out several situations in which confidential student information may be shared without parent consent. Most commonly, board of education members may receive confidential student information when they act as a “school official.” FERPA provides that parent consent is not required when the “disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.” Accordingly, board of education members are entitled to receive confidential student information, but only when they have a legitimate educational interest in the information. Here, the matter is being handled administratively, and there is no action pending before the Nutmeg Board of Education. Bob’s curiosity and desire to punish are not legitimate educational interests, and Ms. Superintendent properly withheld the information from Bob and the other members of the

Board of Education.

FERPA also provides that school officials may release personally-identifiable student information to others in a “health or safety emergency,” subject to specified procedures. Thus, if school officials learn that a student has tested positive for COVID-19, they may disclose that information to the appropriate public health officials, and in consultation with those officials, the school district can take appropriate remedial measures, such as the quarantining of those exposed and implementing additional cleaning measures.

While some people may try to guess the identity of the student(s) who test positive for coronavirus, generally an order of quarantine should simply inform the person that he or she was exposed, and it should not disclose the identity of the student or students who tested positive except to those who need to know. Public health officials will provide the appropriate protocol for such situations.

Nutmeg also needs to get up to speed on Executive Order 9H, issued on October 20, 2020. There, Governor Lamont codified rules for “hybrid” meetings, at which public agencies meet in person and otherwise permit the public and press to participate in

the meeting remotely in accordance with Executive Order 7B (issued early in the pandemic on March 14, 2020).

However, Executive Order 9H includes a new requirement that public agencies that conduct hybrid meetings “shall make provisions to allow at least some members of the public and press to attend in the same location as the officials conducting the meeting in a manner consistent with public health guidance for limiting the transmission of COVID-19.” In so doing, boards should consult with public health officials and publicize the number spaces are available on a first-come/first-serve basis, possibly reserving some spaces for members of the press.

Finally, we note that Bob asked that the Board convene into executive session to “discuss the performance of the Superintendent.” That was a stretch.

The discussion of the circumstances when Board members will receive confidential information about parents and students should have been held in open session.

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 Ninth Edition – Now Available!

A Practical Guide to Connecticut School Law

by Thomas B. Mooney, Esq. Shipman & Goodwin

CABE is delighted to announce that the Ninth Edition of Tom Mooney’s Practical Guide to Connecticut School Law is now available.

PRICING: CABE Members: $54.99; CABE Non-Members: $79.99; Students: $44.99 There have been many changes in school law in the last few years, and the Ninth Edition has been extensively revised to provide updated guidance on the legal issues that govern our schools. Changes include descriptions and commentary on:

• Changes in teacher evaluation and teacher tenure.

• New rules regarding employee background checks.

• New requirements concerning student data privacy.

• New rules for suspension, expulsion and alternative educational opportunities.

• Revised requirements governing seclusion and restraint.

• The new “Every Student Succeeds Act” and how it has changed “No Child Left Behind Act” requirements.

• The CCJEF case and ongoing litigation over equal educational opportunities.

• The Minimum Budget Requirement and new duties to collaborate with town officials.

• A host of other changes in the rules that boards of education and school administrators must follow.

The Journal – Connecticut Association of Boards of Education | December, 2020

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Aim Higher

Creative legal solutions for Connecticut’s public schools – because sometimes it is rocket science.

Shipman & Goodwin’s school law attorneys have more than 40 years of experience, and represent over 100 public school districts, as well as public school member organizations and associations, on a full range of legal issues that they confront, from general education law to special education matters.

Our school law site, www.ctschoollaw.com is devoted entirely to emerging school law issues.

Attorneys counsel clients, monitor legislation and provide periodic alerts and updates. We regularly present seminars, quarterly workshops, webinars and professional development workshops for schools on current topics of interest. Our Practice Group Co-Chair, Tom Mooney, has written A Practical Guide to Connecticut School Law, a comprehensive treatise on Connecticut school law, published by CABE and used by teachers, administrators and board of education members throughout the state.

Education is a core focus of our law firm. www.ctschoollaw.com

Contact: Thomas B. Mooney or Linda L. Yoder | 860.251.5000 | www.shipmangoodwin.com CONNECTICUT

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NEW YORK

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WASHINGTON DC

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The Journal – Connecticut Association of Boards of Education | December, 2020

The Journal – Connecticut Association of Boards of Education | December, 2020

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Get to Know the Connecticut Arts Administrators Association: A CABE Education Affiliate

Richard Sadlon

CAAA Executive Director

Dr. Dee Hansen CAAA President

Editor’s Note: CABE has an Education Affiliate program made up of education organizations who support CABE and have access to a variety of CABE member services. The Connecticut Arts Administrators Association is a CABE Education Affiliate. Take a moment to read this article to learn about the valuable services this organization offers to Arts Administrators across the State.

Meet the Organization

The Connecticut Arts Administrators Association (CAAA) has provided a forum of support, the sharing of best practices, educational resources, and professional development for Arts Education Leaders throughout Connecticut for more than 50 years.

Members meet throughout the school year for professional development and

LEADERSHIP

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challenges. Through the Board Chair Listserv as well as individual emails to CABE staff, board chairs have posed excellent questions as they work to address board issues rather than adding additional burdens to their already busy superintendents.

The leadership of board chairmen in these challenging times reminds me of a book I read several years ago.

“Our Iceberg is Melting” by John Kotter offers advice for changing and succeeding under any conditions – and uses a penguin colony as an illustration.

For example: • Penguins are careful planners, giving great attention to detail.

They carefully build their nests, stone by stone, to insure a dry nesting place for their young.

Superintendents, building principals and educators, with input from board members, carefully developed multiple plans to meet the educational needs of students using full in person, hybrid and remote models.

The planning for the health and

valuable networking opportunities for Arts Education leaders in Music, Visual Arts, Dance, Drama and Media Arts.

Opportunities

Professional Development sessions scheduled for this year include current educational themes such as Social-Emotional Wellness, Equity and Access to Arts Education, Addressing Arts Standards in Hybrid and Virtual Modes of Instruction, and Social Justice through the Arts.

During the 2020 summer, CAAA worked closely with the Connecticut State Department of Education (SDE) and state health services in writing Reopening Guidelines for the Arts, as well as the subsequent Addendum 7 targeted at providing safe music programs. CAAA is also collaborating with SDE, the Connecticut Music Educators Association, and the Connecticut Arts Educators Association to present professional development that shares best practices for virtual safety of students and staff has enabled most students to have the opportunity for some in person instruction. Connecticut Department of Public Health officials consistently commend our school districts for adherence to mitigation strategies and identify schools as one of the safest places for students.

• Penguins are vulnerable – they face significant dangers from predators including leopard seals and killer whales. Board members and superintendents have taken seriously the health and safety of their students and staff. Health and safety remains the priority consideration in determining the appropriate educational model in each district.

• Penguins teach by modeling behavior for their young – swimming, fishing and preparing for the changing seasons.

Mask wearing and physical distancing at board meetings are a very visible way boards of education remind their community of health protocols.

• Penguins are good

and hybrid arts instruction during the COVID- 19 challenges.

CAAA offers an annual Connecticut Summer Arts Institute that provides resources and guidance to Arts Educators in Standards-Based Curriculum Design, creating Authentic Arts Assessments, and encouraging and developing future leadership in Arts Education. One session per year is devoted to a school or district site. Some recent site visitations have taken place in Farmington, Simsbury, Darien, Stratford, and West Hartford.

Each year CAAA hosts the Arts Advocacy Awards Breakfast, which is free of charge, to honor and recognize exceptional arts education advocates from member districts around the state.

Leadership

CAAA membership currently includes chairpersons from state arts organizations representing all art forms and includes representatives from the CT Office of the Arts as well communicators. Chicks recognize the sounds of their parents from an early age, even in a crowded colony.

Boards of education have played an important role in communicating with their community the focus on health and safety. Some boards of education have invited the local health director to make a presentation at a board meeting to build the trust of the school community in the decision making process.

Board members and superintendents, recognizing the

as the Arts Consultant from SDE. CAAA leadership includes President, Dr. Dee Hansen, Professor Emeritus, The Hartt School, University of Hartford; Vice Presidents, Angela Griffin and Shannon Gagnon, both from Simsbury Public Schools; Secretary Cindy Parsons, recently retired from Glastonbury Public Schools; Treasurer Dr. Jeffrey Spector, Executive Director of the CT Alliance for Arts Education; and Executive Director, Richard Sadlon, recently retired from Darien Public Schools.

Additional Information

More information regarding the organization or membership can be found at www.ctaaa.net or email at CTAAAInfo@gmail.com.

CAAA is pleased to have recently become an affiliate member of CABE and looks forward to new collaborations and contributions in the support of exemplary Arts Education programs for children throughout our state. importance of student engagement whether in a remote or in person setting, embodied the Finnish term “sisu”. Sisu is a courageous mindset that embraces challenges, both big and small; the ability to act in the face of adversity; looking for practical solutions and ways to move forward, to build up fortitude and resilience. It is this willingness to develop solutions that has enabled public education to continue in Connecticut in the midst of a pandemic. We know future challenges await – and our boards of education will continue to meet the challenges for their students.

CABE Deputy Director and General Counsel Patrice McCarthy was interviewed regarding distance learning on snow days by FOX61.

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The Journal – Connecticut Association of Boards of Education | December, 2020

THE POLICY CORNER Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

Policy Direction for School Mascots A strong emotional connection exists to school mascots. They help to embody the admirable qualities of loyalty, unity and healthy competition. However, some mascots are now viewed as symbols that cause divisions rather than unity and marginalize some members of the community, especially for districts with mascots based on Native Americans.

The greatness of tribal nations and Native people has been part of the foundation of America’s story. Native Americans contribute to America’s greatness in a variety of ways. However, negative Indian stereotypes, such as those perpetuated by some sports mascots, affect the reputation and self-image of Native Americans and can foster ongoing discrimination against tribal citizens.

Indian mascots and the stereotypes they represent present a misleading image of Indian people and contribute to the myths that have been used to cover a history of oppression. However, the last fifty years has resulted in the elimination of over two-thirds of derogatory Indian sports mascots and logos.

Native American team names, mascots and logos promote incorrect images of contemporary Native Americans, cultural bias and an environment tolerant of stereotypes.

Native American team names, mascots and logos negatively impact Native students’ sense of community and belonging in the school environment, leaving some students feeling marginalized from the school community.

The National Collegiate Athletic Association (NCAA) has condemned the use of disparaging mascots and banned the use of Indian names, logos, and mascots during championship tournaments. However, more needs to be done.

The U.S. Commission on Civil Rights, almost two decades ago, called for an end to the use of Native American images and team names by non-Native schools. The Commission believes the use of Native American images and nicknames in school is insensitive and should be avoided. The Commission called such mascots inappropriate and insensitive in light of the long history of forced assimilation that American Indian people have endured in this country.

Many public schools, post-secondary institutions and some professional sports teams continue to use Native American nicknames and imagery.

American Indian leaders have voiced their opposition to such mascots and team names because they mock and trivialize Native American religion and culture.

It is disturbing that Native American references used as mascots are still found in educational institutions.

Schools are places where diverse groups of people come together to learn not only the “Three R’s” but also how to interact respectfully with people from different cultures. The U.S. Commission on Civil Rights stated, “The use of stereotypical images of Native Americans by educational institutions has the potential to create a racially hostile environment that may be intimidating to Indian students.”

In our diverse society, the stereotyping of any racial, ethnic, religious or other groups, when promoted in the

nickname. Oregon also put limitations in place. Prior to the pandemic-based closing of the General Assembly, Connecticut lawmakers were considering legislation banning such mascots.

Not every school district that uses Native American nicknames is being disrespectful. In some situations, the nicknames have the blessing of a local tribe. However, in the vast majority of cases, the use of such nicknames is a carryover from a less understanding time. In some districts across the country a battle has raged for many years over such mascots, based on the Confederate-style, heritage-not-hate attitude to keep such nicknames as mascots.

The desire for keeping such mascots usually is put forth by white people in largely white communities. The argument presented is that the use of

Schools are places where diverse groups of people come together to learn not only the “Three R’s” but also how to interact respectfully with people from different cultures. public schools, teaches a dangerous lesson that such stereotyping is acceptable. Schools must not perpetuate misrepresentations of any culture or people. Indian-based names as mascots are not accurate representations of Native Americans and give a distorted view of the past.

It is assumed that the initial use of Indian imagery for use as sports mascots was not done to offend Native Americans. However, many Native Americans still face problems of poverty, education, housing and health.

The need to eliminate Indian-based mascots in sports is just one facet of the larger need to eliminate obstacles confronting American Indians. The elimination of such mascots will provide a greater opportunity for education about real Indian people, current Native American issues, and the variety of American Indian cultures in the country.

Maine, in May 2019, became the first state to ban Native American mascots. Maine’s action reflects legislative recognition that using people, as mascots, without their consent, is not acceptable. The use of Native American nicknames and imagery has been an issue for many years. California, in 2015, banned the use of the “Redskins”

Native imagery is an honor, and it’s not racist when we do it. That argument prompted the Wisconsin legislature to change state law regarding the need to get tribal permission to use Native nicknames in schools. Some argue that such mascots honor Native Americans; a view not shared by most Native American representatives.

Several Connecticut school districts have, over the last few years and especially now amid the current national reckoning on race and social justice, removed their Native American-themed mascots. The Guilford Board of Education voted to end its use of the “Indians” mascot. Newington and Farmington have announced plans to change their Native American mascots. Montville is planning talks with the Mohegan Tribe to discuss its mascot. The tribe has announced that it would no longer support Native-related team names. North Haven is reviewing its current mascot for possible change.

Manchester and RHAM have renamed their mascots. Glastonbury High School and Valley Regional High School in Deep River received petitions from students and alumni asking for a change in their respective mascots and to discontinue the

use of Native American imagery. The Glastonbury Board of Education voted to eliminate the nickname, “The Tomahawks,” citing racial insensitivity.

An eastern Connecticut school district gave witness to strong community ties to mascots. Its decision to remove the high school mascot “Redman,” in place for 80 years, was reversed when new members were elected to the board of education.

Initially the mascot was viewed as offensive to Native Americans. This action resulted in national headlines and controversy within the district.

Currently, seventeen Connecticut schools still use mascots or images associated with Native Americans or other indigenous peoples.

Policy Implications

Native American mascots can result in harmful stereotyping that negatively impacts all youth. The discussion of such mascots has resurfaced amid the national discussion on racial justice. A broader examination of the nation’s record on such issues is underway. It has helped to initiate a conversation about what actually happened to indigenous people after settlers came to America. The removal of racist symbols is not done to avoid talking about race, but as an initial and needed step to talk more openly about racism.

State statute provides that boards of education have the obligation to “reduce racial, ethnic and economic isolation” (C.G.S. 10-4a) of students.

Districts have the moral imperative to determine whether or not its current mascot aligns with the district’s vision, mission, and obligations under state law.

The nation’s current racial unrest has inspired many conversations. The use of Native people as mascots is one such prevalent theme of such discussions. The overall goal is to build a safe and nurturing school community and improving academic achievement for all students. School mascots are intended to make a statement about what the school values.

A new policy, #1328, “School Mascots and Other Identifications,” with an accompanying administrative regulation is now available for your consideration and use.

Editor’s note: This issue was discussed at the CABE Delegate Assembly held on November 19.

The Journal – Connecticut Association of Boards of Education | December, 2020

9

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The Journal – Connecticut Association of Boards of Education | December, 2020

WORKFORCE COUNCIL

a more responsive, adaptive curricular development system, modernization of the teacher preparation, professional development, and certification system, more career focused student advising resources, and an accountability system that

(continued from page 1)

challenges and opportunities… a re-imagination of our educational system that responds to our rapidly changing, digitally driven workplace…

Graphs were taken from the Plan.

incentivizes desired system change.” This will require the Office of Workforce Strategy, within the Department of Economic and Community Development, to continue to “develop strategies and a legislative agenda” to support building out of the career pathways” system.

Also included would be support of “revisions to the State Department of Education’s (SDE) Next Generation Accountability System that incentivize pathways-oriented reforms at the district level.”

•D evelop “a modern advising system in which all high school and public university students have an individualized career and academic plan, with data systems to support academic and career progress and credential completion.” This would include having career pathways advisors in more middle/high school systems via regional school alliances with support from Regional Sector Partnerships and local businesses.” Already mandated Student Success Plans would be “part of an active career pathways advising process

and tracking system.”

• This year, the State Board of Education passed a plan for high school computer and “a teacher professional development task force from 2017 proposed a set of policy recommendations.”

The Plan calls for expanding and capitalizing “upon the progress of these groups and work with CSCU and UConn to expand K-12 outreach programs and increase enrollment in collegelevel data” and computer science programs.

• The Plan calls for expanding the capacity of the early child care education program by “expanding the supply of providers”, redesigning the system to “more effectively support serve parents and align government, private sector and philanthropic funding to scale and sustain viable business models for providers… and align reimbursement rates to the True Cost of Care.”

We hope, as the Plan goes forward, the various agencies involved will engage with boards and board members to ensure everyone is “rowing” in the same direction.

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The Journal – Connecticut Association of Boards of Education | December, 2020

11

CABE’S FALL LEGAL ISSUES VIRTUAL PROGRAM

Session III on October 28 featured Attorney Mark Sommaruga of Pullman & Comley presenting on Board Meetings in a Virtual or Hybrid World.

Session IV on October 29 featured Attorney Fred Dorsey of Kainen, Escalera & McHale presenting on Extracurricular Activities, Transportation and Liability.

Session I on October 26 featured Attorneys Kevin Roy and Natalia Sieira Millan of Shipman & Goodwin presenting on Current Labor Relations and Human Resource issues.

Session II on October 27 featured Attorney Michelle Laubin of Berchem Moses presenting on Special Education Issues.

Left, Superintendents’ Administrative Professionals from across the state took part in the CABE Fall Meeting of Superintendents’ Administrative Professionals on October 20.

Right, Board Chairs heard from C.E.S. Executive Director Chip Dumais, Ellington Superintendent Scott Nicol, and CREC Teacher Residency Program Director Marlene Megos.

C.O.P.S.

What will provide YOUR district?

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

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

• Time saving links to legal and cross references.

• A search engine specifically designed for board policy manuals.

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

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

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

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The Journal – Connecticut Association of Boards of Education | December, 2020

Continuous Improvement Toolkit Now Available Robert Rader

Executive Director, CABE

For many years, business and industry leaders have talked about the need for school districts to “run like businesses.” One of the ideas that business promotes is that of “continuous improvement”, which is based on the idea that making real change takes time and involves collective effort. It also is “context specific and requires constant adaptation, data collection, and learning.”

Continually improving has long been a goal of boards of education, the Connecticut State Department of Education (SDE) and non-profit organizations like CABE. All must adapt to changes in their environments, or they will, at the very least, find themselves less able to carry out their missions.

Depending on the organization’s adaptation, failure can mean extinction.

In order to help school districts to systematically employ continuous improvement, the Regional Education Laboratory (the “REL”) for the Northeast and Islands, of which Connecticut is a member, recently published a Toolkit on how best to engage in this process. The REL’s own review and research indicated that “across

disciplines the success of continuous improvement efforts depends on several factors: • leadership of the organization which understands how to integrate continuous improvement across multiple levels…

• effectively managing the process management and staff engagement training, and, • resources “focused on disciplined approaches to implementation and learning by doing and increased commitment and capacity to regularly collect and use data…”

The Toolkit contains sample information on developing a continuous improvement cycle, developing and assigning responsibilities to an “Improvement Team” and collecting and analyzing information. It also has checklists, diagrams and discussion guides for this work. It is based on a “Plan-Do-Study-Act (PDSA)” cycle.

It “can help education practitioners agree on specific challenges they face, identify change practices that can address those challenges and implement those change practices, study their implementation and outcomes, and decide whether the change practices are worthwhile and should be implemented or scaled up in their

specific contexts.”

The Toolkit is available at: https:// ies.ed.gov/ncee/edlabs/projects/project. asp?projectID=4591 [Editor’s Note: For the last few years, Bob Rader has been a Governing Board Regional and Content Advisor for the REL. He was appointed because the REL saw a need for input from school boards.

The REL is funded by the U.S.

Department of Education. The other Connecticut leaders on the Lab include Commissioner of Education Miguel Cardona; SDE Chief Operating Officer Charlene Russell Tucker (designee); former Interim Commissioner and C.E.S. Early Childhood Consultant George Coleman; CAS Assistant Executive Director Marie Glowski; and CREC Education Consultant Deborah Richards.]

The Journal – Connecticut Association of Boards of Education | December, 2020

13

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:

B y providing opportunities for members to learn how to better govern their districts:

z Hosted Board Chair Check-In and Update meetings. z Hosted CABE webinar on Principles of Disaster Psychology in the Management of School District Response to the COIVD-19 Virus. z Provided Roles and Responsibilities workshop at the Clinton Board of Education retreat. z Responded to 63 requests for policy information from 35 districts, the SDE and a non-profit organization, providing sample materials on 46 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 again pertained to pandemic policies especially face mask/face covering, COVID-19 emergency measures, telecommuting and electronic board meetings. Title IX continues to remain a topic of considerable interest. z Facilitated Board self-evaluation with the Brookfield and Newtown Boards of Education.

B y ensuring members receive the most up-to-date communications: z Attended weekly State Department of Education (SDE)/Department of Health (DPH) Tuesday webinars. z Sent two issues of “Policy Highlights” via e-mail listserv covering topics that affect student achievement.

Included topics pertained to school rules applicable in a remote learning situation, code of conduct, Title IX training, virtual learning “snow days,” lunch programs and cyberattacks. z Prepared materials, as part of the Custom Policy Service, for Cromwell and Region #15. z Issued the quarterly Policy Update Service publication to subscribing districts. z Developed a new policy pertaining to a code of conduct applicable in the remote learning environment. z Revised policies pertaining to COVID-19 issues. z Revised policies in the master resource file of policies and in the

online Core Manual. z Completed a draft of the second edition of the quarterly Policy Update Service publication.

B y providing services to meet member needs: z Held meeting of the CABE Diversity, Equity and Inclusion Committee. z Facilitated CABE Legal Issues workshop sessions. z Provided legal update at Fall Meeting of Superintendents’ Administrative Professionals. z Participated in webinar with principals on School Governance Councils. z Posted policies online for districts utilizing the Connecticut Online Policy Service (COPS) for Bolton, Branford, Canterbury, Canton, Cheshire, Granby, Griswold, Killingly, Monroe, Portland, Region #16, Ridgefield, Sherman, Westport, and Windsor. z Updated the policy section of the CABE website with revised COVID-19 related policies. z Revised policies for East Hampton, New Fairfield, and Putnam as part of the Custom Update Service. z Made a webinar presentation on emerging policy issues related to COVID-19 to the Superintendents Administrative Professionals. z Facilitated a discussion on the district communications plan with the Columbia Board of Education. z Facilitated board retreat for the EASTCONN Board of Directors.

B y attending Professional Development to strengthen staff knowledge and skills: z Participated in NSBA State Association Executive Directors’ professional development workshop on equity. z Attended Hartford Foundation’s Nonprofit Support Programs on: Amplifying Impact: Strategic Alliances in Uncertain Times; diversity, equity and inclusion; and virtual events. z Participated in Leadership Greater Hartford webinar. z Participated in NSBA workshop on equity. z Attended Northeast Regional Lab workshop on antiracism. z Participated in Nellie Mae Education Foundation workshop on equity. z Participated in NSBA Council of School Attorneys virtual seminar. z Participated in CABE Legal Issues

series of webinars. z Attended two-day Virtual Equity Training by the Arizona School Boards Association. z Attended two-day conference, “Xceptional Governance” by the Texas Association of School Boards.

B y representing Connecticut school boards on the state or national level: z Hosted meeting with Northeast NSBA state associations and new NSBA Executive Director and CEO Anna Maria Chavez. z Hosted meeting with NSBA Board of Directors Northeast Directors, Lydia Tedone (Connecticut), Jake Oliveira (Massachusetts) and Devin Sheehan (Massachusetts). z Participated in NSBA State Association Counsel calls. z Attended Social and Emotional Learning Collaborative meetings. z Attended CREC Council meeting. z Attended State Board of Education meeting.

z Attended Connecticut Bar Association Education Law Committee meeting. z Attended Discovering Amistad Board of Directors meeting. z Attended meeting of the CAPSS Technology subcommittee. z Chaired meeting of the Digital Learning Advisory Council of the Connecticut Commission for Educational Technology.

B y promoting public education: zP articipated in interviews about school health protocols on WTICAM and FOX 61. zP articipated in an interview about educator diversity on NBC-CT. z Participated in CAPSS Retired Superintendents meeting. z Attended CABE Board of Directors virtual meeting. z Participated in a teleconference meeting pertaining to the enhancement of the C.O.P.S. program.

People in the News Patrice McCarthy

Deputy Director and General Counsel, CABE

Former Connecticut Education Commissioner Gerald Tirozzi died recently in Arizona. He served as Commissioner of Education from 1983 to 1991, having previously served as the New Haven Superintendent of Schools. He left Connecticut to serve as president of Wheelock College in Massachusetts, and then served as the Assistant Secretary of Elementary and Secondary Education in the U.S. Department of Education from 1996 to 1999. He ended his career as Executive Director of the National Association of Secondary School Principals. Dr. Tirozzi wrote “Stop the School Bus: Getting Education Reform Back on Track” in 2013, and remained active in education policy issues throughout his retirement. CABE extends condolences to Dr. Tirozzi’s family.

Gerald Tirozzi pictured with CABE Deputy Director and General Counsel Patrice McCarthy when she presented at the 2013 Arizona School Boards Association Law Conference.

14

The Journal – Connecticut Association of Boards of Education | December, 2020

The Media Message

by Ann Baldwin, CEO, Baldwin Media Marketing, LLC

Trending: Why Public Relations Matters for Your District Editor’s Note: This article first ran in the December 2019 edition of the CABE Journal.

Public Relations, or PR for short, is simply a strategic process to help position your school district in a positive light. Especially in today’s world of dwindling designated education reporters and an increase in social media madness, not telling your own story can be dangerous.

If your district doesn’t select the words and the stories you share, someone else will and chances are that you will not like the result. PR has become necessary for almost

every public-school system in our state. Some have the luxury of having either a full-time, or a parttime public relations professional in their district, but many don’t.

PR is all about choosing how to present your district. It should be done with a strategy in mind and trust me, it can be a full-time job. Typical school public relations goals are to communicate to your customers (parents, students, staff, community members and other stakeholders) the good and maybe even the bad things that are happening at your school.

The big word these days is

“transparency” and if you don’t communicate in your words what is happening, you stand the risk of a situation taking on a life of its own on social or in traditional media outlets.

Effective school public relations is a great tool for establishing trust and building respect with your school community.

People want to be a part of a school where great things are happening, however, the only way that they will know about them is if you tell them. If you are waiting for the media to show up for a good story, you may be waiting a while.

Done right, public relations means that your strengths are highlighted, your positive stories are shared and your accomplishments are applauded.

Public relations encompasses all interactions and communications with the public by everyone in your school district from school secretaries, to maintenance workers, to teachers, principals, board members and students. Good public relations is something everyone involved with a district should be practicing every day.

“You can do what I cannot do. I can do what you cannot do. Together we can do great things.”

– Mother Teresa

The Journal – Connecticut Association of Boards of Education | December, 2020

15

UNDERSTANDING CONNECTICUT’S FOIA

Yes, (Even) More on COVID-19, Remote and “Hybrid” Meetings

Mark J. Sommaruga, Esq. Pullman & Comley, LLC

chat, e-mail, text, or even “tweet” their comments).

At the beginning of the COVID-19 pandemic, Governor Lamont issued Executive Order 7B, which suspended the in-person open meeting requirements of Connecticut’s Freedom of Information Act (“FOIA”) so as to permit public agencies to 1) meet without providing for inperson public attendance at meetings, and 2) hold meetings remotely by conference call, videoconference or “other technology”, provided that certain conditions were met (e.g., the public having the ability to view or listen to each meeting “in real time, by telephone, video, or other technology”).

While Executive Order 7B permitted public agencies to meet remotely (with no public attendance), it did not require such remote meetings. As public health concerns (somewhat) subsided, school boards began to consider the 1) return of traditional in-person meetings, or 2) “hybrid” in-person meetings, with board members being able either to attend the meeting in-person or participate remotely, and with the public generally attending remotely (e.g., by “Zoom”, livestreaming, etc.).

On October 25, 2020, Governor Lamont issued Executive Order 9H that provided the following updated guidance and explicitly addressed situations involving hybrid meetings:

In-Person Attendance:

Remote and Hybrid Meeting Participation

Continued Board Member Remote Participation

Executive Order 9H provides that municipal agencies and boards can hold public meetings or hearings that provide for 1) remote participation in their entirety (as has been the “usual” case since the pandemic), or 2) remote participation in conjunction with an in-person meeting (i.e., a socalled “hybrid meeting”). Executive Order 9H further states that remote participation must include the opportunity of the public to offer comment (if otherwise generally permitted at such meetings). As we have noted previously, remote public comments may be facilitated via a variety of means (for example, having members of the public dial in, Zoom

Executive Order 9H requires that officials conducting hybrid meetings make provisions to allow at least some members of the public (and the press) to attend in the same location as the officials conducting the meeting in a manner consistent with public health guidance for limiting the transmission of COVID-19. Executive Order 9H further requires agencies conducting in-person or hybrid meetings to consult with and take those steps recommended by local or state public health officials for conducting these meetings in a manner that significantly reduces the risk of such transmission.

Conduct of the Meetings

Executive Order 9H provides that remote and hybrid meetings are required to proceed in a manner “as closely consistent with the applicable state laws, town charters, municipal ordinances, resolutions or procedures as possible” and in compliance with the FOIA’s open meeting provisions, as have been modified by Executive Order 7B. This vague provision is unclear as to how much of an agency’s usual policies and bylaws (and applicable laws) must be followed; at the very least, the provisions of both Executive Orders 7B and 9H would supersede any contrary “local” provisions.

In order to accommodate a board member with concerns about attending meetings in-person, Executive Order 9H provides that no member of a municipal agency or board shall be denied the opportunity to participate and vote in any meeting or proceeding using remote technology if the member requests to do so. The member can request to participate remotely in all meetings for the duration of the “public health and civil preparedness emergency” and cannot be required to file an individual request to participate remotely for each meeting. In essence, one member can cause a meeting to be hybrid.

So, What Does This All Mean and Where Do We Stand?

More guidance may still emerge from the Governor’s office. However, as per Executive Order 9H, a board can choose to have 1) traditional in-person meetings, 2) fully remote meetings, or 3) hybrid meetings, with board members being able to attend meetings in-person or remotely.

At an in-person or hybrid meeting, the board could limit attendance consistent with health guidance, but it cannot prohibit attendance by the public (which arguably had been previously permitted by Executive Order 7B). Simply put, while it can bar the public from attending fully remote meetings, a board that holds an in-person or hybrid meeting must allow the public to attend, albeit with appropriate COVID-19 mitigation measures and attendance limitations consistent with public health guidance.

Boards considering the possible resumption of “live” meetings should first contact their local health officials. While the Executive Order that limited indoor gatherings for “social and recreational purposes” (Executive Order 7N) stated that it did NOT apply to government operations/functions, local health officials may look to the current capacity limits on indoor “social and recreational” gatherings as being instructive. In order to avoid a situation where demand for space at the meeting by the public exceeds any applicable in-person capacity limit, it may be best for the meeting notice to suggest that the public participate by remote means.

Attorney Mark J. Sommaruga is the author of “Understanding Connecticut’s Freedom of Information Act” (5th Edition 2018). Pullman & Comley is a CABE Business Affiliate.

16

The Journal – Connecticut Association of Boards of Education | December, 2020

Trusted Legal Counsel in Extraordinary Times Now more than ever, school districts, their boards of education and their administrators are turning to Pullman & Comley’s School Law practice for informed, accurate and timely information on the unprecedented legal issues they face in the age of COVID-19, including those surrounding the safe reopening of schools, remote learning, PPE protocols, and labor and employment matters.

At the same time, our attorneys are counseling clients on new laws affecting school districts, including the Title IX regulations effective in August 2020, transgender athlete policies and the sexual harassment training obligations mandated by October 2020.

Please visit our Education Law Notes blog for up-to-the-minute alerts, commentary and insights on critical legal issues affecting educational institutions.

Schoollaw.pullcomblog.com And, for critical information on the legal implications as a result of the COVID-19 pandemic, please visit our COVID-19 Focus page at pullcom.com to view recent publications, receive alerts, and to register for and view our webinar series related to the pandemic.

Our attorneys are accessible to their clients, responsive to concerns and always available to answer questions on these issues as well as on the challenges schools face on a routine basis in their daily operations.

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William R. Connon 860.424.4385 wconnon@pullcom.com

Zachary D. Schurin 860.424.4389 zschurin@pullcom.com

Melinda B. Kaufmann 860.424.4390 mkaufmann@pullcom.com

Stephen M. Sedor 203.330.2137 ssedor@pullcom.com

Michael P. McKeon 860.424.4386 mmckeon@pullcom.com

Mark J. Sommaruga 860.424.4388 msommaruga@pullcom.com

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