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Vol. 24, No. 7

June State Board of Education Meeting

July, 2020 This special issue of the CABE Journal, in keeping with CABE’s mission, is to help keep us connected with Board members and superintendents as there are still few in-person meetings.

Sheila McKay

Sr. Staff Associate for Government Relations, CABE

Thank you for all you do!

Patrice McCarthy

Lessons Learned

Deputy Director and General Counsel, CABE

As schools around the world reopen for their students, I have listened to and read about their successes and challenges. Connecticut school districts prepare for the 2020-21 school year in a time of continued uncertainty about the course the COVID-19 pandemic will take. In-school instruction, virtual learning, or a blended approach are all possibilities. There are lessons that can be learned from communities around the world that have already begun the reopening process. These lessons are applicable regardless of the public health situation in September, November or January. • The social and emotional needs of students and staff must be addressed for learning to take place. The pandemic has created trauma, isolation, and fear for everyone. The hate, violence

and inequities apparent in the treatment of minorities by some public safety officials has exacerbated the trauma. Impressionable young people are particularly vulnerable to these challenges. Identifying the needs of students and staff before their return to the school setting is critical. When adult needs are met they have the capacity to support the students - emotionally and academically. • S tudents are resilient. With the proper supports, most will adapt to new routines for the sake of health and safety. Good com-

inside

The State Student Advisory Council presented to the State Board of Education on five issues at its June meeting: mental health, restorative justice, diversity and inclusion, Coronavirus and student voice. Students want more opportunities to give their input to administrators and teachers. Specifically, some of their ideas were: • mental health work should not just be the work of counselors alone • create professional development for teachers on mental health led by students • build relationships and involving stakeholders to address restorative justice • students want to lead and run initiatives on diversity and inclusion • use more surveys to find solutions to providing teaching and learning during the COVID-19 pandemic. Student voice is being emphasized by the Board and following the students, it heard from Levy Gillespie, the Connecticut State Department of Education’s (SDE) Equal Employment Opportunity Director, on plans for a focus group on student voice. Ajit Gopalakrishnan SDE’s Chief Performance Officer, spoke of the 17,000 students who participated in a thought exchange and how SDE is analyzing the input. Board member Erin Benham was appointed to Connecticut’s State Education Resource Center’s (SERC) Board of Directors. In discussing the renewal of the charter for Interdistrict School for Arts and Communication, key school staff and the Board Chair have been asked to come before the SDE to address school climate. Board member Eric Clemons started a discussion on racial injustice that many members of the board joined and related to the opportunity gap in education. The Board met again in mid-June. See the August CABE Journal for information.

New Policy Direction for Distance Learning

Dispute Over CARES Funding Act

munication to students, staff and families prior to a return to the school setting is critical. Communicating protocols may include videos that demonstrate what to expect when students return to school. •R eentry to school is an evolving process. Protocols will change as health guidance is modified and improvements are identified. Some protocols may become more restrictive and some less so. Students, staff and families will feel more secure knowing that changes are driven by health and See LESSONS page 2

CABE Working for You!

Greenwich, Portland, Windsor Graduations

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

Never Get Complacent:

Mission: To assist local and regional boards of education in providing high quality education for all Connecticut children through effective leadership.

Inequities in 2020 Donald Harris President, CABE

We are in the middle of troubled times in our communities and around the world. COVID-19 has taken more than 100,000 lives in the nation and has set our country back on our heels. We have had to endure new vocabulary, social distancing, distance learning, Zoom and GoToMeeting. We are wearing masks and gloves everywhere, attending religious services online, not allowing people to come into our homes and sanitizing everything we touch. As if that were not enough, here come stories of alleged police brutality directed primarily toward men of color. For me as a Black man, the death of George Floyd was the blade of straw that broke the camel’s back. In Minneapolis, a police officer knelt on the neck of Mr. Floyd, blocking his airway, for more than eight minutes. Additionally, while he lay on the road, with his hands cuffed behind his back, two police officers were holding his legs and another officer was standing and watching the scene. Since that horrible senseless act of murder, we have been witness to cities and towns across the United States reacting with a combination of peaceful demonstrations, and violent riots that have included looting, firebombing of buildings and cars, as well as confrontations with police. I have lived in the Bloomfield

LESSONS

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safety guidance. •N imble is the new normal. Directives from local and state public health officials will change. With health and safety as the primary focus, adapting to new information is a sign of good leadership, not an indication of weakness. • Th ere will always be some risk. School districts must follow the guidance of public health officials and take the necessary steps

community for more than 60 years. I was a witness from afar in 1968 when Dr. Martin Luther King, Jr. was gunned down by a cowardly assassin. The current riots and civil unrest are a horrible reminder of those that occurred in 1968. That was a time when Hartford legends like Spike Johnson, Doc Hurley and Donald Harris, Sr. were called from their jobs to gather in Keeney Park and other hot spots in town where Hartford’s young teens and adults were gathering to strike out in anger. I am pleased that, as of the time I write this, demonstrations have been mostly peaceful. It has never made a lot of sense to destroy your own city because of the behavior of others. The message that I will continue to pass along to my Bloomfield community is to ask that we never get complacent here at home. Board members, it is still imperative that you focus on the important issues in your town. Do not become so laid back that you forget our history and how we have gotten to where we are. I remain concerned that issues facing us in 1968 (my first year as a teacher) are still facing us today. We still need to talk about the inequities that exist today. We are aware of inequities in affordable housing, a broken health system, insufficient food supplies for many, unfair police practices and challenges to mitigate the risk. Children can be hurt during recess on the playground, but we endorse the benefits of outdoor play. We mitigate the risk of harm by providing safe structures and supervision. •L eaders must personify confidence. True leaders acknowledge the challenges and focus on the important goal - providing a quality education to each student by meeting their academic and social emotional needs. • Resilience by students and adults

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 in our educational systems. As adults we must continue the struggle to right wrong and remove injustice wherever it exists. If we fail to do this, then, as educators, we have a huge responsibility to the children in our care to ensure that they can, and will, have the skills and desire to make the world a better place. We need to give them the tools and inspire them to make the change that has eluded us for far too long. I was 24 years old when Dr. King was cut down and now, 52 years later we find ourselves still fighting the same battles. We have to tackle all of these issues by having essential conversations where we come together as a community to share our experiences and concerns and to tackle with strong commitment every incident of injustice. As Dr. King said “Injustice anywhere is a threat to justice everywhere”. I encourage boards of education to have the difficult, but necessary, conversations. Talk about how we all promote, no matter how innocently it might happen, injustice in the world, if for no other action than by our silence. More importantly, ensure that the children in our care learn how to build a better world, one where leadership is more about stewardship, rather than of self-interest. is key. The Finnish term sisu conveys a courageous mindset that embraces challenges. The ability to act in the face of adversity, looking for practical ways to move forward, is needed to support our schools and our communities. Our students can learn life-long lessons about resilience and grit from the example of the adults in their lives. We must model these characteristics to support our students in these real life lessons.

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 Director, Derby 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 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 Rebecca Adams Rieder | Senior Staff Attorney 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 | July, 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 Association of School Business Officials Connecticut Center for School Change 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

EXECUTIVE DIRECTOR COMMENTARY

American Ideals Must Apply to ALL Americans Robert Rader

Executive Director, CABE

June, 2020, will forever be remembered, not necessarily fondly, as a month in which American ideals were tested in ways it had not in many decades. In a rather unexpected way, Connecticut was still beginning to reopen the State as COVID-19 hospitalizations, deaths and confirmed cases began to approach levels that allowed for Stage 2 Reopening could take place. We were not out of the woods yet and the rules for the number of people who could congregate, the need for continued wearing of masks and social distancing were in effect. School leaders were thinking about whether they would open for summer school, how they were going to get PPE and, the biggest issue: how to stage a successful reopening in the Fall. Maybe because other issues were pressing upon our lives, right before Gay Pride Month, the Federal Department of Education’s Office of Civil Rights (OCR) determined that the CIAC’s policy permitting transgender females (who were formerly male) not compete with other girls because it “discriminates against female studentathletes competing in interscholastic girl’s track in ... Connecticut on the basis of their sex” as violative of Title IX’s of the Education Amendments of 1972. CIAC explained that it was following Connecticut law, which bans discrimination on the basis of both sexual orientation and/ or gender identity. Several of our member districts were also named in the complaint. This is not an easy case on which to take a side. As you may know, my wife and I have a transgender son (female to male) and realize what a difficult childhood he had (and many other transgender students) have had. The OCR seemed to ignore these

issues, ignoring how hard it is for any person to feel they are not in the body they feel is aligned with their gender identity. This decision shows how much further we, as a nation, must go before we have aligned this area with our ideal of equal justice under law. Last, but, probably having the biggest impact on the psyches of Americans was the reaction to the brutal police killing of George Floyd. Anyone who has seen the video of how he was killed by a knee on his neck for nearly nine minutes, had to be disgusted and, perhaps, terrified. Disgusted by the raw brutality of the moment, terrified by the filming of not only the policeman doing the actual standing on Floyd’s neck, but, by the other three officers who stood by and did nothing. We expect our police will protect the vulnerable, not serve as bystanders. Having lived through the violence and social upheaval of the sixties, I had the déjà vu feeling of having seen this before. I remember riots we had in my high school and the depth of feeling of some adults and students as black empowerment became a focus. I also lived through the death of Dr. Martin Luther King, Jr., the burning down of Watts in Los Angeles and the killings in Detroit. And, the feeling that the civil rights movement was swallowed up by “law and order” candidates. It became one long dog whistle. However, when Barack Obama became president, I thought we had come pretty far. When I grew up, we wouldn’t see African Americans on the news unless there was criminal act to report. Now, we get our new every night from an African American news anchor. There were no commercials on television with people of color, no police of color (except maybe in inner cities) and even fewer teachers of color. Even with these accomplishments, we have many steps before us on the march to real justice. We must all do better to help every student – of color

or not – grow up in a better world. As Barack Obama said in 2007 (echoing Dr. King): “the arc of history is long, but, it bends towards justice.” CABE has continued its work on Diversity, Equity and Inclusion (DEI) with Dr. Martha Brackeen-Harris as our consultant. I hope that you had a chance to hear her back on June 12th (if you didn’t, you can see a recording of the session at https://www.cabe.org/ page.cfm?p=1394). The DEI Committee is now chaired by Board Chair and Area 2 Director Leonard Lockhart. It will continue its work and make available to our members the opportunity to have frank conversations in these areas using the Equity Toolkit which has been made available to all school boards and superintendents. In understanding the intensity of feeling on these issues and helping civil justice to thrive, school board members and superintendents should understand that work on equity: • I s never finished and we cannot expect closure; • i s slow and difficult because we must both change minds to change society; and, •m ust begin with every individual. Until you understand implicit and explicit racism, systemic racism and your own privilege, you cannot understand the intensity of others feelings on these issues. We look to a brighter day, when justice prevails. Until our society reaches that state, we must dedicate ourselves to continuing our equity work and our commitment to ensuring that our students will enter a society where all of them are treated equitably.

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

See You in Court – The Nutmeg Board of Education

How Many Times Can the Nutmeg Board Violate the FOIA in One Meeting?

Aim Higher

Thomas B. Mooney, Esq. Shipman & Goodwin

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 125 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.

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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 members of the Nutmeg Board of Education have gotten used to participating remotely in Board meetings on Zoom in dress shirts on camera and sweat pants out of sight. However, some members of the Board are suffering from “quarantine fatigue,” no more so than veteran Board member Bob Bombast. Bob loves to play up to the crowd, and these remote meetings are cramping his style. Under New Business at the meeting last week, Bob moved that the Board convene into executive session to evaluate the “performance of the Board.” The other Board members were intrigued, and after Penny Pincher seconded the motion, the Board members voted unanimously to convene into executive session for that purpose. Bob Bombast started the discussion with the following plea, “We need to reconnect with our public. This remote meeting business is getting old.” “Are you nuts?” Penny Pincher asked. “I have zero interest in getting together with a bunch of people from God knows where, coughing and sneezing at me.” Bob was quick to respond. “You can just stay home and participate remotely. The rest of us need to reengage the public, and nothing works better than having them sit and watch our meetings in person.” Mr. Chairperson, however, was concerned. “Are in-person meetings allowed? I think that the Governor told all boards of education that they can’t meet in public.” Bob pressed his point. “I read the Executive Order 7B, and it just suspends the FOIA requirements for our meetings. We can meet in person if we want!” The Board members talked it through, and they gradually came to a consensus that the Board will continue to conduct its meetings remotely. But it did decide as an interim measure to permit observers to offer public comment in real time. When the Board reconvened in open session, Mr. Chairman made the announcement. “I have some good news! The Nutmeg Board of Education has decided to permit members of the public to

offer public comment ‘live’! Starting with our next meeting, we will permit members of the public to ‘speak’ at the beginning of the meeting, limited to three minutes, in the order they sign up, for up to thirty minutes.” Nancy Newshound, ace reporter, for the Nutmeg Bugle, was curious as to how and when the Board made this decision. Citing the requirement in Executive Order 7B that “any such meeting or proceeding [be] recorded or transcribed,” she promptly requested a copy of the Board’s recording of its executive session discussion, as well as a copy of the minutes that set forth the Board’s vote to change its procedure for permitting public comment. Does the Board of Education have to give Nancy a copy of that recording? Does the Board have any other FOIA problems? • • • • • • • • • • • • • • • At that one meeting, the Nutmeg Board of Education committed numerous FOIA violations, starting with the agenda. The agenda for Board business must fairly apprise the public of the business to be transacted, and “New Business,” of course, is inadequate for that purpose. The Board then violated the FOIA again when it convened into executive session for a discussion of the “performance of the Board.” Executive session is permitted for discussion concerning the “performance [or] evaluation . . . of a public officer” (provided that such public officer does not require that the discussion as to him or her be held in open session). Here, however, the discussion related to the Board as a whole, not to any individual member or members. Accordingly, that discussion of Board operation was not privileged to executive session. The Board committed a further FOIA violation when Mr. Chairperson announced the “consensus” the Board had reached in executive session. To be sure, a board member participating in an executive session can infer from the discussion that a consensus has emerged. However, boards are not permitted to take action by reaching consensus in executive session without voting in open session, as the Board did here. Such action violates the requirement that the votes of each member of a public agency be recorded. Nancy Newshound has certainly picked up on this violation, as evidenced by her request that the Board provide her with a copy of the minutes of the meeting when that decision was made, which of course do not exist. Nancy’s request for a copy of the recording of the executive session rais-

es an interesting question under Executive Order 7B and serves as a warning to boards. Specifically, the FOIA rules concerning “meetings” and “records” are different, and these rules are not in alignment. Public agencies may conduct confidential discussions at a meeting in executive session as provided by Conn. Gen. Stat. § 1-200(6). However, an entirely different statute, Conn. Gen. Stat. § 1-210(b) governs what records are or are not confidential. As but one example, boards of education may discuss the evaluation of the superintendent confidentially in executive session, but any recorded information about that evaluation is subject to public disclosure. We note that Executive Order 7B suspends some of the in-person meeting rules of the FOIA, subject to certain requirements (e.g., the public agency must provide remote access, record the meeting, and post the recording on its website), but the Executive Order is silent on executive session. However, the Order relates to “in-person” requirements, and the public is not permitted to attend an executive session in any event. Therefore, it is reasonable to conclude that public agencies do not have to record executive sessions that are conducted

remotely. Indeed, to preserve confidentiality of such executive session discussions, public agencies should not record their executive sessions. Given the difference between access to meetings and to records, such recordings may not be privileged. Finally, the ability of boards of education to resume in-person meetings is an open question as of this writing. Executive Order 7D, as modified by Executive Order TT, applies to “community” and “civic” events, and currently there is a limit of ten people for indoor activities or twenty-five people for outside activities. While Executive Order 7N clarifies that Executive Order 7D does not apply to governmental operations, these limitations are nonetheless an appropriate model for boards of education to follow for now. As with so much else with this pandemic, however, those rules are sure to change, and boards of education must monitor developments as they unfold. 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 | July, 2020

THE POLICY CORNER

We Are Well Suited to Respond to the Legal Needs of Boards of Education

Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

New Policy Direction for Distance Learning Plans The COVID-19 pandemic has led states to close schools for the remainder of the last academic year, resulting in major disruption to the nation’s public education system. The closures impacted nearly 55 million public school students nationwide, according to data from Education Week. As schools closed and more students and their parent/guardians were at home for extended periods of time, online/distance learning seemed to grow exponentially as remote learning became the new means of educating students. School closures forced millions of teachers, students and parents to prepare for remote instruction, often in a rushed and chaotic state. How those plans have been implemented and the extent to which distance learning has been used, depended on who you ask, their socioeconomic status, and/or their geographic location. According to a Gallup poll, conducted online this past spring, 83 percent of parents of K-12 students said their child was partaking in an online distance learning program offered by their local schools. During that same period, Gallup found, the percentage of parents who said their children were not receiving any instruction declined to only 4 percent. As the surveys were conducted online, it did not fully represent the experiences of families across the country. However, it was evident that remote distance learning had become widely utilized across the nation to combat the school closures. The rapid spread of the coronavirus presented unprecedented challenges to educators in the United States and around the world. A blueprint did not exist pertaining to how to deal with a health crisis of such magnitude. Leaders of state and district education systems found themselves on the front lines. They had to quickly determine how to protect the health of school communities, meet students’ basic needs, minimize disruptions, and provide academic instruction all while having to respond to breaking developments in real time. Switching to virtual/distance edu-

cation is a major method in the effort to reduce the spread of the coronavirus. However, this move also caused challenges for students who were not able to access internet-based education. Numerous Connecticut school districts met this challenge to provide the needed resources. However, much more needs to be done. Distance learning was provided during the last quarter of the school year, depending on the district, utilizing three popular instructional approaches. These three approaches

al distance learning as a result of the pandemic school closures has however, revealed layers of inequity. Education leaders remain in the process of tackling the unexpected challenge of providing distance learning as the primary mode of instruction for possibly lengthy periods of time. The question is, “How can school systems that struggle to deliver equitable results in a standard brick and mortar setting overcome the added challenges inherent in distance learning?”

The unexpected growth in virtual distance learning as a result of the pandemic school closures has however, revealed layers of inequity. included digital on-line, project-based, and lesson packets, or a combination of such. Previously, some Connecticut districts as well as some around the nation, were engaged in the process of developing plans to offer “nontraditional instructional days” in lieu of weather-based school cancellations. Such plans could include allowing students to check out or borrow an electronic device, pre-loading content onto a device or jump drive, parking a wifi bus in the community, having agreements with a local utility company or internet service provider, assigning project-based work and alternating assignments/paper packets. For example, the State of Pennsylvania, prior to the pandemic school closures, allowed for flexible instruction days that could be online or offline. Districts that opted to use technology to offer remote instruction, must provide accommodations for students and staff who do not have access to technological devices or the internet in order to receive plan approval. The unexpected growth in virtu-

Educators recognize the moral obligation schools have to give all children a real opportunity to learn, even in this challenging unprecedented time, when it has become more complicated. This challenge can also be viewed as a tremendous opportunity. Plato proclaimed that “necessity is the mother of innovation.” Connecticut is striving to meet the challenge to provide the necessary resources for a meaningful learning experience, but not all students currently are having a successful learning experience. With this innovative spirit in mind, there are two questions education leaders can ask to tackle and address the equity issues presented by this transition to distance learning. First, it is important to clearly define what successful distance learning should look like. To define success, presume that every student has the necessary technology, time, motivation, and support to participate in distance learning. Then, consider how success would be measured. Consideration must be given to what success would look like in a digital context; equipping

children with the tools and resources they need to meet educational goals. Next, it is recognized that the presumption of every student having the necessary technology, time, motivation, and support to participate in distance learning is simply not real-life. Rural and low-income communities have less access to broadband internet access than their urban, suburban, and more affluent counterparts. This gap needs to be closed. Across the country, internet providers made free internet access available for some months for low-income families with a K-12 student in the household. Maintaining connectivity is an important enough priority for leaders to create more formal, long-term versions of these public-private partnerships to extend well beyond the current crisis. Getting devices in the hands of every student with internet access may be more challenging. However, with districts across the country increasingly moving towards providing devices for each child, the prospect of ensuring every child has a device at home is not impossible. Achieving equity in distance learning will require a focus on student populations who often already have reduced opportunities for academic success in the traditional in-person education model. Such groups of students include the disabled, English-language learners, students of color and the homeless.

Policy Implications

CABE previously developed policy, #6172.6, pertaining to distance learning and online courses. That policy specifically pertains to online distance education opportunities for students to take courses or engage in educational experiences that were not available in their current school or to supplement the programs offered by the local school district. Some of these programs could be taken for local graduation or college credits. However, the content of this previous policy is not directed to a situation in which a student’s total See NEW POLICY page 8

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

NEW POLICY

(continued from page 7)

educational experience is removed from their assigned school and classroom due to a school closure and cancellation of classes because of a prolonged pandemic health emergency. Therefore, a new policy pertaining to the situation school systems and their students have been experiencing as a result of the COVID-19 pandemic was developed. Policy #6172.61, “Distance Learning Plan Due to Health-Based School Closure,” is available upon request for your consideration and use, with locally determined modifications. This new sample policy details a school district’s plan to provide distance learning options in the event schools must be closed and classes cancelled due to an emergency health situation. This policy provides for equitable access to instruction for all students. Provisions are also included for appropriate special education and related services

for students with disabilities. However, situations and resources vary by district. Therefore, this policy must be modified to fit the local situation. In addition to this new policy, districts should consider CABE’s sample policy #6142.3291, “One to One Tablet Program,” and its administrative regulations. This policy topic contains useful information to be considered in the implementation of a distance learning environment as the result of school closure and cancellation of classes.

Did You Know?

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

• Unlimited telephone labor relations and negotiations advice • CABE Labor Relations survey information • Education Law Summaries

“ Our chief want is someone who will inspire us to be what we know we could be.”

– Ralph Waldo Emerson

CABE-Meeting is a user-friendly online service offered by CABE specifically for school boards. Users can eliminate unnecessary paperwork, increase efficiency and reduce costs while enabling board members to utilize the latest in cutting edge technology. Using CABE-Meeting, the Meeting Manager can create an electronic meeting from developing the agenda to creating the minutes and everything in between.

• • • • •

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Secure login access for board and district staff Access from any location with Internet access Search archived agenda and meeting related items in a flash Ability to download and print attachments Option to provide a public link to board meeting information

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What School Districts Need to Know Now About Dispute Over CARES Act Funding

CABE-Meeting

Current vacancies include:

Shelton Westbrook

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

Patrice McCarthy

Deputy Director and General Counsel, CABE

Rebecca Adams Rieder Sr. Staff Attorney, CABE

We want to make you aware of an ongoing dispute regarding how much of the CARES Act funding school districts should allocate to private schools and the potential legal ramifications of how you distribute those funds.

The Dispute The dispute stems from the difference between the language of the CARES Act, which directs states and local districts to allocate funds to private schools based on the number of Title I eligible students, and U.S. Department of Education Guidance, which states the CARES funds should go to private schools based on the total enrollment in those schools. Members of Congress are working to have clarification issued that the language of the CARES act, not the guidance, must be followed.

The Dilemma While the U.S. Department of Education admitted that the current guidance is “non-binding” on states and local districts, in late May Secretary DeVos announced that the U.S. Department of Education would issue a proposed formal rule requiring districts to distribute CARES Act funds to nonpublic schools based on the total enrollment figures sometime in June. Secretary DeVos also stated that states or districts that do not plan to follow the guidance should put CARES money in escrow in an amount equal to the difference private schools would receive based on total enrollment and what districts allocate to those schools based on Title I. What she did not say, but is implicit in her statement about escrowing funds, is that once adopted, the final rule would give the U.S. Department of Education the power to require local districts to make additional appropriations to private schools whether or

not they had CARES Act funds left.

The State of Connecticut’s Plan In a June 8, 2020 letter to Superintendents, the Commissioner of Education, Miguel Cardona, announced that the State of Connecticut would follow the language of the CARES Act and distribute funds based on Title I. “Ensuring equity and access to education has always been, and continues to be, a top priority in Connecticut. To put LEAs at a disadvantage by calling on them to allocate a greater portion of their CARES Act funding to the provision of equitable services to nonpublic schools, we believe, is the undoing of the equity goal intended under Title I and the CARES Act. With the support of the Governor, the Office of Policy and Management, and the Office of the Attorney General, we have determined it is appropriate to enact the plain language of the CARES Act and follow the methodology under Title I rather than the Guidance.”

He concluded by: 1. Noting that, for informational purposes, SDE will provide districts with estimated calculations of what private school allocations would be under the Guidance; 2. Encouraging districts to consult with legal counsel about whether they should consider holding funds in escrow as recommended by Secretary DeVos; and 3. Suggesting that districts consult with legal counsel about the broader legal ramifications of allocating CARES Act funding to private schools using Title I. CABE is following the developments in Congress and at the U.S. Department of Education and will update you on developments regarding the resolution of this dispute. If you would like more information or have questions, please email Patrice McCarthy, pmccarthy@cabe. org, or Rebecca Adams Rieder, radams@cabe.org.

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

The Media Message

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:

zP articipated in electronic meetings of the board representatives to the Regional Advisory Teams.

zP articipated in a webinar pertaining to Risk Management Issues.

B y providing opportunities for members to learn how to better govern their districts: zR esponded to 32 requests for policy

information from 22 districts and one out-of-state school board association, providing sample materials on 24 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, distance/eLearning and electronic participation at board meetings. Other topics of interest included student data privacy, acceptable computer use policies, staff-student relationship, and revisions to Title IX.

B y ensuring members receive the most up-to-date communications: zP repared materials, as part of the

Custom Policy Service for Danbury.

zC ompleted the fourth edition of the

Policy Update Service publication including new policies pertaining to the pandemic situation.

B y providing services to meet member needs: zM et with representatives of

Communities in Schools about their work in Connecticut.

zR esponded to numerous calls from board members and superintendents.

zP rovided, as part of the Custom

Update Service, policy updates for Marlborough, The Gilbert School, and Sterling.

zP osted policies online for districts utilizing the Connecticut Online Policy Service (COPS).

to policy.

zD eveloped a new policy and

administrative regulation to reflect the new federal Title IX regulations.

zP articipated in weekly Board Chair Check-Ins.

zP articipated in CABE Executive Committee meetings.

B y promoting public education: zA ttended the CAPSS Board of Directors meeting.

zP articipated in Pullman and

Comley webinar pertaining to Title IX.

meetings of NSBA Convention Managers.

zP articipated in CREC, C.E.S., and ACES Regional Advisory Team meetings.

zP articipated in Jumpstart Financial Literacy Board meeting.

zP articipated in Social and

Emotional Learning Collaborative meeting.

z S erved on a panel addressing special education needs for the Special Education Equity for Kids (SEEK).

zP articipated in CREC Council meeting.

Committee meeting.

zA ttended meeting of the

Connecticut Commission for Educational Technology.

zA ttended online meeting of NSBA Federation of Trainers.

y helping school boards to B increase student achievement: z S ent two issues of “Policy Highlights” via e-mail listserv covering topics that affect student achievement. Included topics pertained to fostering a positive school climate remotely and the policies impacted by the issuance of new federal Title IX regulations.

zA ttended webinar “Take Action to Make Your School Safer: The Administrator’s Role”.

zA ttended Northeast Regional LAB webinar on supporting students’ social emotional learning.

zP articipated in webinar about best

zU pdated the publication pertaining

zP articipated in weekly virtual

zA ttended CAPSS Technology

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

zU pdated the list of required policies. “good practice” policies.

NSBA State Association Counsel.

meeting.

Committee meeting.

zA ttended a webinar on The

zU pdated the list of recommended

zP articipated in weekly calls with

zA ttended State Board of Education

z S taffed CABE/CAPSS Convention

zU pdated the listing of required

notifications by boards for staff, students, parents.

Roundtable of about need for resources for school districts

Psychological Impact of the Pandemic on Communities of Color. practices in producing a quality webinar.

zP articipated in an electronic meeting pertaining to making enhancements to the posting of district policy manuals online.

zA ttended numerous webinars

addressing social emotional needs of students, equity, student voice, health and safety issues, distance learning, reopening association offices, and virtual meetings and programs.

B y representing Connecticut school boards on the state or national level: zR epresented school boards as

CABE representative on the Reopen Connecticut K-12 Education Subcommittee

z S poke on a statewide Education

On Friday, June 12, CABE offered a webinar Dear School Board Members: Your Students and Staff of Color Are Not Okay: What Can School Boards and Superintendents Do? with CABE Consultant Dr. Martha Brackeen-Harris as featured presenter and CABE Executive Director Robert Rader as moderator. This webinar is archived in CABE’s website at https://www.cabe.org/page.cfm?p=1394.

by Ann Baldwin, President amd CEO, Baldwin Media Marketing, LLC

Leading in Times of Trauma

I think that it’s fair to say that no one could have anticipated what would be happening in our world over the past several months. We still don’t know exactly what lies ahead, and perhaps that is the most unsettling part of all of this. As I write this in mid-June, no one knows for sure at this point when schools will re-open, or what that is going to look like. People are going to have lots of questions, and as they should be, the health and safety of students and staff are going to be at the forefront.

This is where leadership is going to be essential, especially for Board Chairs and Superintendents. We know what the questions are going to be, so why not start working on your responses now? First of all, we have to keep in mind that this is not just impacting your district. COVID-19 concerns are impacting everyone around the globe. It is important to keep that in perspective.

Get back to basics First, focus on what you can control. You owe it to your district and

your school community to provide your best efforts every day. Consider your most to the district’s mission and vision. When uncertainty comes, first and foremost, try to help your district prioritize communications. Have specific next steps Every crisis is simultaneously an ethical, public relations, and perhaps legal issue. Unless districts plan and think systematically and connect the dots, they are not prepared for any major crisis. So now comes the question, what keeps us from being better

prepared? Denial. There is little doubt that these are challenging times. Nonetheless, I believe that if we can all use these times to better develop both internal and external communication to serve the greater needs of our school community, we will not only survive but we become better off for it.

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

GREENWICH

Western Middle School Congratulations from the Assistant Principals and Guidance Counselor.

Central Middle School Graduation

Greenwich High School Graduation

PORTLAND

Portland High School’s graduation 2020.

WINDSOR

Windsor Public Schools Superintendent Craig Cooke hands out diplomas to the Class of 2020!

A Windsor High School Class of 2020 graduate!