Issuu

B C

www.cabe.org

Vol. 24, No. 3

March, 2020

March is BOE Member Appreciation Month!

View from the Capitol Patrice McCarthy

Deputy Director & General Counsel, CABE

Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

Sheila McKay

Sr. Staff Associate for Government Relations, CABE

Members of the CABE Board of Directors and staff attended the National School Boards Association’s (NSBA) Equity Symposium and its Advocacy Institute in February. One of the Equity workshops by the American College Test (ACT) on social and emotional learning and ELL students discussed the needs beyond the academic that must be addressed in the classroom before a student can move on to learning from educators and classmates. Students need confidence, a sense of belonging, assistance with goal setting and to develop or maintain a pride in their culture. According to ACT, the SEL skills needed are “interpersonal, self-regulatory and task related behaviors important for adaption to and successful

performance in education and workplace settings.” ACT also noted an increased workforce need in SEL skills in 2030 by an estimated 24 percent. Connecticut’s State Board of Education has adopted the Collaborative of Academic and Social and Emotional Learning (CASEL) K-3 guidelines that were briefly discussed at this national event. http://bit.ly/2OJelRK. During the Advocacy Institute, FCC Commissioner Jessica Rosenworcel briefed members on the “homework gap”. She referenced Hartford and the need it had in 2017 and likely still has, to provide internet access to students outside of school so they don’t fall behind their suburban counterparts. Participants attended a workshop on IDEA that asked board members to lobby for HR1878 and its companion, S.866, which would provide full funding for the federal share (40 percent) of IDEA by 2028. Please join CABE’s efforts and lobby your federal representatives on this important issue!

inside

See BOE APPRECIATION page 3

CABE and NSBA

Connecticut Association of Boards of Education Inc.

This year we have added to the Connecticut Board of Education Member Appreciation toolkit facts about Connecticut’s Board of Education members and quotes you can use in recognizing Board members. You

March is “Music in Our Schools” month.

81 Wolcott Hill Road Wethersfield, CT 06109-1242

March is Connecticut Board of Education Member Appreciation month. This is the perfect opportunity to say “thank you” to the hard-working and dedicated board members in your district. We encourage you to recognize the time and effort they devote to board business during the course of the year. Use #BoardAppreciationMonth and #THANKYOU when thanking your Board members on social media.

The Legislature is off to a quick start, with a flurry of committee meetings, public hearings and deadlines. Many legislative leaders have voiced support for addressing social and emotional learning as well as minority teacher recruitment and retention, which is good news for public education. Testimony can be submitted in person or electronically for any of the public hearings. CABE’s Day on the Hill on March 11, 2020 is the perfect time to continue conversations you had with your legislators during the legislative breakfasts. The deadline for the Education Committee to report out bills is March 23.

State Board of Education February Meeting Patrice McCarthy

Deputy Director & General Counsel, CABE

The February State Board of Education meeting included action on the renewals of four charter schools. The Stamford Charter School for Excellence was given the maximum renewal of five years. Amistad Academy, Elm City College Prep and Achievement First Bridgeport Academy were all given renewals of two years and placed on probation. See STATE BOE MEETING page 3

CABE Board Survey Results Lockhart College Board Adopts from NSBAC Named CABE Launches the Strategic Show Public Diversity Opportunity Plan, Code of Support for Committee Scholarship Conduct Public Schools Chair

Periodical Postage PAID Hartford, CT

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

Cyber-Security is an Equity Issue Donald Harris President, CABE

Recently three different conversations took place over a two-week period that highlighted just how much equity issues affect local school districts in ways we don’t often think about. In this case, the issue was cyber-security; not one that I gave much thought to as an equity issue in the past. The first conversation was with a superintendent from a rural school district. Like many districts, resources are hard to come by. While discussing protecting data and student records this superintendent remarked that, as important as that protection was, he wasn’t going to propose to his board that they eliminate teachers to pay for network and data security in his budget. Knowing the risks they faced, he had to make difficult choices and they would just have to take their chances. The second conversation was with a technology director who had recently moved from one of Connecticut’s wealthiest communities to a community with fewer resources. He acknowledged how fortunate he was in his first district because he received the resources needed to protect the network and the data residing on it. He knew how lucky he was and was grateful for the support he got from his board of education and administration. In his new job, he was very concerned that fundamental protections were not going to be automatically provided, but

that it would go through the superintendent and the board of education to be balanced against all of the other critical issues facing the district. He finished by saying that he’d be lucky to receive enough support to provide rudimentary protection, knowing all the while the district remained vulnerable to malicious attacks. The third conversation was with a central office administrator in a smaller urban school district that had recently been subject to a highly malicious cyber-attack. This administrator was spending far too much time focused on recovering from this attack, rather than working on curriculum and instruction. While the damage did not include student data systems, enough damage was done system-wide to cripple the operations of the district for several weeks. The district, also feeling the crunch of “not enough”, had cut costs where possible, knowing that it was a choice to balance all the needs of an alliance school district with protecting networks. To further complicate the matter, the attack came through a peripheral computer system (like HVAC or phones). These aren’t usually the first point of attack and so receive less attention when it comes to security, even though they are connected to the Internet and are as vulnerable as any other system. The good news was that the district had paid for cyber-attack insurance, which is helping to get things back on track, but everyone in

CABE Day on the Hill Wednesday, March 11, 2020 8:30 a.m. The Bushnell, Hartford Watch your email and mail for registration information.

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 the district is feeling the effects of this attack. Is it fair, that the poorer communities have to shoulder the burden of “second-best”? The risk is serious and definitely one of WHEN not IF. As we approach inequities created by zip code and poverty, this is just another place where there are haves and have-nots. I think everyone would agree that this is a serious issue and one that is not going to go away. Boards of education are going to have to face the fact that cyber-security is an important issue and can’t be willed away during budget season. Unless we’re willing to go back to pre-technology days and scrap all of our technology (and that Genie cannot be stuffed back in the bottle), boards are going to have to bite the bullet and provide the proper equipment and services to protect our data. As a group, we need to lobby our state and federal representatives to provide more support in this endeavor. As part of the NSBA Federal lobbying efforts in Washington, DC we recently discussed this issue, among many others, with our Congressional delegation, to implore them to find federal resources to assist in protecting data. Likewise, we need to encourage our state legislators to provide resources on the state level. Among other things, the state could commit to going back to providing free access to the Connecticut Education Network and providing valuable security services via that network for a fraction of what individual local school districts currently pay. Finally, the greatest cause for data breaches is still human error. We need to provide the funds to train our staff and students to be wary of malicious attacks. We have to make sure our State and Federal representatives realize that this is another example of inequity and ask their help in fixing it.

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 Michele Arn | Area 3 Director, Vernon 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 Yesenia Rivera | City Representative, New Haven Jack Bryant | City Representative, Stamford 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 | March, 2020

CABE Affiliate Members BUSINESS AFFILIATES VALEDICTORIAN 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 OneDigital Health and Benefits Perkins Eastman 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

25 Tips to Help Make You a Better School Board Member Robert Rader

Executive Director, CABE

This list of tips for school board members grew out of a similar list I created for NSBA to help provide orientation for new state association executive directors. I hope this list is useful for new board members, but, it can also serve as a good reminder for those of us who have been doing this work longer. 1. P ut your students’ needs first. Be true to your district’s mission. 2. D rop your party affiliation at the boardroom door. 3. R emember that you represent ALL the children in the district, not just those whose parents voted for you. 4. K now your roles and responsibilities. 5. K now the Superintendent’s roles and responsibilities. 6. C ommunicate often and honestly with other members of the Board and the Superintendent. One-to-one conversations are best for building relationships. 7. L earn about what drives other Board members and the Superintendent to develop strong bonds between the members of your Leadership Team. 8. B e the advocate your students and district need you to be. 9. Inspire others. 10. Strengthen your Board’s image. Conduct yourself with respect and civility. Help build a professional culture. You are a role model. 11. Let others shine, whether other Board members or Staff. Dale Carnegie told us “a person’s name is to that person, the sweetest and most important sound in any language”. Almost everyone likes to see their names in print in a positive way, too. 12. Speak your peace, but, actively listen to others speak theirs. 13. When confronted by a mistake, whether by a Board member or

someone else, generally assume incompetence rather than malfeasance. Your first reaction should be to give them the benefit of the doubt. 14. Never criticize others in public. 15. Pick your battles. Often others just want to vent and will feel validated by your listening. 17. Apologize when you know you should. 18. Be aware of your own implicit biases. We all have them. 19. Remember that as a Board member, you have no more power than other citizens, except when at the Board table. 20. Do not try to solve every problem you hear about. Explaining that there is a chain of command should be your “go-to” mantra. 21. Follow the money… Your budget is your most important policy

STATE BOE MEETING

(continued from page 1)

In each case those schools have consistently failed to comply with the legislative requirements for teacher certification and TEAM (induction for new teachers). In making the recommendation that the schools be placed on probation with a two year renewal, State Department of Education staff pointed out that when teachers who have not received the support of the TEAM program leave a charter school to go to another teaching position, the new school has the burden of providing that support. The State Board of Education

BOE APPRECIATION

(continued from page 1)

can also access customizable materials such as sample editorials, news releases, suggestions for saluting school board members, and more in the Members Only section of the CABE website - https://www.cabe.org/page. cfm?p=1459. You may also purchase Thank You Hershey bars, “Out of the

document. 22. Hone and use your emotional intelligence. Walking in someone else’s shoes can give you a completely different perspective. 23. Keep and use your sense of humor to defuse situations. Try not to take yourself too seriously. 24. Take time for yourself and your family. You need to recharge, too. And, lastly, 25. Focus on the big picture with optimism and think long-term. Although this may be difficult in light of your current concerns, leaders are optimistic and build their legacies one-step at a time. also discussed the federal proposed nutrition standards as well as the 2018-19 report on student discipline. The student discipline report indicates a reduction in exclusionary discipline over the past five years, although large disparities remain in suspension rates between Black/African American and Hispanic/Latino students and their white counterparts. Of the 25 districts that had at least three grades with a high suspension rate, 15 are Alliance districts and six are charter schools. CABE continues to work with the State Department of Education on strategies to reduce suspensions and expulsions.

public schools grows the greatness of a nation” note pads, and Thank You tumblers (NEW!) at https://www.cabe. org/page.cfm?p=1281&pback=1239. On behalf of all of us at CABE, thank you for the dedication you show not only to each child in your district, but also to each child in Connecticut! You are making a difference!

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

CABE Board Adopts Strategic Plan, Code of Conduct Robert Rader

Executive Director, CABE

Patrice McCarthy

Deputy Director & General Counsel, CABE

At its February 12 meeting, prior to a retreat, the CABE Board of Directors adopted CABE’s first-ever Strategic Plan and a Code of Conduct applicable to boards of education across the State. The process began after the Hartford Foundation for Public Giving facilitated an Organizational Assessment (OA) for the Association last fall. It called for CABE to undertake a strategic planning process that culminated in the Board’s approval. The Plan has five “Strategic Objectives” and, thanks to advice from former Education Commissioner and

current Chair of the Hartford Foundation Ted Sergi, CABE will strive to continually improve the work of the Association. This will support the work of our members to continuously improve their governance, decision-making and achievement of their goals. The Objectives and some of the expected work of the Association:

I. Strengthen the Governance of the Association CABE will: • S upport the Boards of Directors so that it provides strong, proactive, effective, professional leadership of the Association •E nsure that members of the Board of Directors understand their roles and responsibilities •H elp Directors communicate with their constituencies and provide helpful information to Staff and other members of the Board •W ork to strengthen Directors to better serve as advocates for the Association and represent CABE as appropriate •E nsure diversity on our Board

II. Strengthen Board Member Involvement and Engagement CABE will:

Former Interim Commissioner of Education and CABE Friend of Public Education Award recipient George Coleman facilitated the retreat.

•P rovide the best advocacy, professional development and policy services in Connecticut • S erve as the leading institution in helping Boards of Education with internal issues, diversity and inclusion, social-emotional learning and providing best practices in relevant areas • S upport strong Board/Superintendent Governance Teams • S trive for continuous improve-

The CABE Board of Directors held its annual retreat on February 12 to work on CABE’s Strategic Plan.

ment in all CABE services, activities and programs

III. Reinforce CABE Human Resources CABE Will:

•M aintain a high-quality, experienced, diverse and knowledgeable Staff •P rovide for attendance at outside professional development activities •D evelop a Succession Plan for members of Senior Staff •E nsure that any vacant staff position be filled by a highly qualified candidate •A s positions are vacated, any subsequent search must include consideration of diversity goals

IV. Strengthen the Finances of the Association CABE will:

•C ontinue to examine financial resources with focused effort •F und ongoing and, if appropriate, expanded operations •M aintain reserves sufficient to protect the Association from any downturn in the economy and/ or in the financial situation of

Locked-In $avings

our members.

V. S trengthen CABE communications and public relations CABE will: •P romote the work and priorities of Boards of Education. • S trengthen a positive perspective of the public, the media and legislators on the essential nature and work of School Boards •B roaden the knowledge of the responsibilities of Boards of Education across the State •B uild awareness, understanding and support for CABE’s mission, work and impact among member districts, prospective member districts, other K-12 education leaders, elected officials, and others

VI. S trengthen CABE communications and public relations CABE will:

•P romote the work and priorities of Boards of Education. • S trengthen a positive perspec-

See CABE STRATEGIC PLAN page 14

Current Vacancy: CANTERBURY

with

Superintendent

MARY BRODERICK, ED.D SENIOR CONSULTANT

For more information contact

CABE Search Services

81 Wolcott Hill Road, Wethersfield, CT 06109

For more information, visit www.crec.org/marketplace

860-608-1763

Equal Opportunity Employer

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

See You in Court – The Nutmeg Board of Education

Are the Board and Superintendent on the Same Page? 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 have had problem after problem with its payroll software for a few years now. The latest glitch caused a delay of two days in sending out paychecks, which resulted in a visit to Mr. Superintendent from the State Department of Labor and a threat of stiff fines and possible imprisonment for violating the wage payment statutes. Mr. Superintendent has no interest in spending time in jail, and given the tight budget this year, he knew that payment of fines would be a big problem as well. So he decided to solve the problem once and for all by buying new payroll software. With the assistance of the school district Business Manager, whose frustration with the current system was even greater, Mr. Superintendent obtained new software at what he was assured was a great price. Mr. Superintendent was surprised, therefore, at the angry response he got when he informed the Board by email of his purchase. Veteran Board member Bob Bombast was first out of the gate with a “reply all” email criticizing Mr. Superintendent’s “rogue” actions. Board member Mal Content responded to Bob’s attack on Mr. Superintendent in a more moderate tone, but his message was similar – Mr. Superintendent should have come to the Board for approval before making the purchase. As the emails flew back and forth, Mrs. Chairperson decided to call a special meeting to discuss these matters. At the special meeting last night, Bob and Mal reiterated their criticism of Mr. Superintendent’s actions, asking where he got the money for the purchase. Mr. Superintendent started by explaining what a good deal he got, and then he explained that he was able to find the funds for the software by deferring some other purchases and moving things around in the budget. Mr. Superintendent’s explanation did nothing to mollify Bob Bombast. Bob noted the important oversight responsibility that the Board members have, and he told Mr. Superintendent that he should not make any purchases on behalf of the Nutmeg Board of Education without express Board approval. Then, in high dudgeon, Bob asked, “Well, did you at least go out to bid?

This is a lot of money to spend without doing your due diligence!” Before Mr. Superintendent could respond, Seymour Dollars, long-serving Chairperson of the Nutmeg Board of Finance, piped up. “Just exactly when, Mr. Superintendent, were you planning to tell the Town about your impromptu purchase?” Seymour then went on and on about the need for closer cooperation between the Board of Education and the Town, complaining that the Board of Finance makes recommendations to the Board of Education every year to work with the Town for greater efficiencies, but that the Board of Education simply ignores the Town. In response to both Bob and Seymour, Mr. Superintendent talked again about what a good deal he got on the software, so good that in his mind bidding wasn’t warranted. He then reminded the Board members that they have the right, independent of the Town, to expend the appropriation made to the Board of Education in their discretion. Does Mr. Superintendent have anything to worry about here? • • • • • • • • • • • • • • • Mr. Superintendent and the Nutmeg Board of Education should get on the same page as to appropriate purchasing procedures, and they should pay more attention to the state laws that require communication between boards of education and towns on fiscal matters. And, of course, they should stop discussion of Board business by email! We start with the observation that superintendents have broad authority by statute, serving as the “chief executive officer of the board of education.” Conn. Gen. Stat. § 10-157. Given such broad executive authority, superintendents certainly have the legal authority to make binding contracts to purchase goods and services on behalf of the school district. However, boards of education have broad responsibilities for oversight, for enacting policies, and for adopting a budget. In establishing the budget, boards of education make decisions that allocate resources, and those decisions perforce determine what should be purchased. Here, Mr. Superintendent may have been out of his lane by “moving things around” to find the funds necessary to purchase the software. Conn. Gen. Stat. § 10-222 provides that boards of education may permit “designated personnel to make limited transfers under emergency circumstances [only] if the urgent need for the transfer prevents the board from

meeting in a timely fashion to consider such transfer.” Mr. Superintendent should not be making line item transfers. Beyond any legal issues, boards and superintendents should establish clear expectations as to their respective roles in the purchase of goods and services. Section 10-222, cited above, also requires that municipal fiscal authorities make “spending recommendations and suggestions to such board of education as to how such board of education may consolidate noneducational services and realize financial efficiencies” as part of the budget process each year. While boards of education do not have to accept such recommendations, they must respond in writing whenever they reject such recommendations. Boards of education are also required to consult with the municipality on various expenditure items, including consultation “when possible regarding the joint purchasing of property insurance, casualty insurance and workers’ compensation insurance.” Conn. Gen. Stat. § 10-241c. Directly apropos of the situation in Nutmeg, consultation is also required “prior to purchasing payroll processing or accounts payable software systems to

determine whether such systems may be purchased or shared on a regional basis.” Conn. Gen. Stat. § 10-241c. And more generally, when a board of education goes out to bid for a good or service and receives submissions and the municipality uses the same good or service at lower cost, it must consult with the legislative body of the municipality and consider a cooperative arrangement with the municipality for the provision of such good or service. Conn. Gen. Stat. § 10-241d. Finally, boards should know that bids are required by law only in limited circumstances, e.g., for school building projects and school lunch programs, and there may be charter provisions setting forth bidding requirements. Other than that, boards of education have the right and responsibility to adopt purchasing procedures that establish for themselves when formal bids must be obtained before a purchase. 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 | March, 2020

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 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.

Facebook “f ” Logo

CMYK / .eps

Facebook “f ” Logo

CMYK / .eps

www.ctschoollaw.com

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

HARTFORD

LAKEVILLE

NEW HAVEN

NEW YORK

OLD LYME

STAMFORD

WASHINGTON DC

The Journal â€“ Connecticut Association of Boards of Education | March, 2020

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

Survey Results from NSBAC Show Public Support for Public Schools Robert Rader

Executive Director, CABE

The National School Boards Action Center, the advocacy arm of the National School Boards Association, recently released a survey of more than 1,000 likely 2020 voters on their opinions about public schools. In this presidential election year, such results should provide a wakeup call for those supporting vouchers and other concerns. The survey contained oversamples of 100 African Americans, 100 Latinx, 100 parents of school-age children, and 100 battleground state voters. Here are just some of the results quoted in the survey: •V oters across the board are committed to and favorable toward

local public schools and teachers in their community. A majority (58 percent) of voters like school boards as well. •V oters are committed to investing in public schools, teachers, ensuring safety, and supporting the teaching of real-world skills. •V oters support increased funding for public schools even if it increases their taxes. •V oters are vigilant about where their tax dollars go and want it to go to schools that serve the public and meet standards (under school board oversight) •V oters are skeptical and critical about elected officials doing a good job on education. •T eachers, local public schools, and local school boards enjoy net-

CABE-Meeting 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.

positive favorable ratings among voters nationwide. • Teachers in your community: 80 percent are favorable, including 45 percent who are very favorable •L ocal school boards: 58 percent are favorable, including 21 percent who are very favorable •A cross demographics, voters are net-favorable of their local school boards. Voters in the Northeast (24 percent very favorable), South (25 percent very favorable), and in rural areas of the country (28 percent very favorable) tend to have higher favorable ratings of their local school boards than others •A s we have seen in other work, voters are more likely to rate the job public schools in their own community are doing positively than they are public schools at the national level. •A frican American voters are more likely to give their local public schools low ratings – 48 percent rate them as excellent/good and 46 percent rate them as just fair/poor. •V oters across the board are oriented toward public education and are looking to their elected

officials – of both parties and at all levels – to prioritize public education and do a better job addressing it. •V oters do not think elected officials are paying enough attention to the state of public schools. •E nsuring public schools are safe and… teaching real-world skills are seen as very big problems and extremely important to address. The lack of quality teachers, inadequate funding and resources, and not enough training and support for teachers fall into a second tier of priorities. •N early two-thirds of voters (64 percent) think funding for public schools should be increased while a quarter (26 percent) think funding should be kept the same and only 6 percent think funding should be decreased. This is a nationwide survey and responses cannot be extrapolated for Connecticut voters. However, it is worth noting how strong support for public education appears to be. The survey had a +/- 3.1 percent margin of error. It can be found at https://nsbac.org/2020-poll/.

CABE-MEETING OFFERS:

• 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

YOUR SUBSCRIPTION PROVIDES: • • • •

Access to CABE-Meeting Initial and ongoing training Support and maintenance Upgrades to the service

CABE MEMBER SUBSCRIPTION FEES: Initial Subscription – $3,000 Annual Maintenance – $1,500

If you have an interest in this service, contact Lisa Steimer at 860-571-7446 or lsteimer@cabe.org

Advocacy Institute – (l to r) CABE VP for Government Relations Michael Purcaro (Ellington), NSBA Northeast Region Director Lydia Tedone (Simsbury), CABE Executive Director Robert Rader, President Donald Harris (Bloomfield), Federal Relations Chair Becky Tyrell (Plainville), Immediate Past President Robert Mitchell (Montville), CABE Sr. Staff Associate for Government Relations Sheila McKay, and CABE Deputy Director and General Counsel Patrice McCarthy participated in the National School Boards Association’s (NSBA) Advocacy Institute prior to meeting with members of the Connecticut Congressional Delegation.

The Journal â€“ Connecticut Association of Boards of Education | March, 2020

CABE AREA LEGISLATIVE BREAKFASTS

Representative Cristin McCarthy-Vahey and a CABE Area 6 Legislative Breakfast participant discuss education issues.

State Representative Robin Porter discusses education issues with a CABE Area 7 Legislative Breakfast participant.

Student performers from Tolland helped kick off the CABE Area 3 Legislative Breakfast.

A student choral group from Tolland helped kick off the CABE Area 3 Legislative Breakfast.

CABE Area 7 Co-Director George Kurtyka (Derby) welcomed participants to the CABE Area 7 Legislative Breakfast.

CABE Area 6 Director Karen Kleine (Westport) facilitated the conversation at the CABE Area 6 Legislative Breakfast.

CABE Area 3 Director Michele Arn (Vernon) welcomed participants to the CABE Area 3 Legislative Breakfast.

The Journal â€“ Connecticut Association of Boards of Education | March, 2020

We Are Well Suited to Respond to the Legal Needs of Boards of Education Attorneys and Counselors at Law

Berchem Moses PC is a leading player in the State of Connecticut in the field of Education Law. With 10 attorneys dedicated to this specialized practice, we offer a long history of experience and deep resources. We promise the highest level of service in a more cost effective manner. We work with boards of education to address a myriad of complex issues including labor and employment, student issues, special education, general counsel, and other challenges facing educators today. Be sure to visit www.connecticuteducationlawblog.com where our attorneys regularly cover legal matters that pertain to Connecticut schools.

www.berchemmoses.com Milford

75 Broad Street Milford, CT 06460 Phone: 203-783-1200

Westport

1221 Post Road East Westport, CT 06880 Phone: 203-227-9545

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

THE POLICY CORNER Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

Policy Support for Social and Emotional Learning (SEL), Part II

Editor’s Note: Part I of this article appeared in the February, 2020 CABE Journal.

Student Input Needed

Authentic student voice is when students are given an opportunity to participate in decisions that affect their education and school experiences. Student input can be a powerful tool for building a safe and welcoming school environment. Efforts to gather students’ insights and use them to inform decision-making sends an important message to young people and encourages them to be more engaged in their schooling. The most effective student voice initiatives are inclusive and ensure that the students who are heard from are not limited to the usual academic high flyers or student leaders. Schools should identify and bring in students from different academic levels, races and backgrounds when soliciting input. To help staff buy-in for elevating student voice, superintendents can take the lead in setting and communicating the expectation that all adults will take feedback from students seriously.

The Student-Teacher Relationship and Empathy

Studies have shown that teachers who build relationships of empathy and respect with their students results in a strong positive effect on how children feel about school and how hard they are willing to work in class. Emerging research suggests some small changes can create a healthier, more productive learning environment and lessen behavior issues. Regretfully, insufficient professional development has been provided to assist staff in determining students’ emotional states as well as their academic status. Time is necessary to connect with and to learn enough about each student. Teachers need assistance in managing that need.

The Implementation of Social Emotional Learning at School

The core competencies of SEL can

be taught in many ways and across settings. The ultimate goal is to teach students to understand and respect themselves and others. Explicit instruction can be used to outline learning goals for SEL-specific activities and explain the SEL skills to students. However, social-emotional learning can happen in more than just a lesson a day. Opportunities can be provided to practice these skills in a class or content area. Making SEL a part of the school culture, across all classrooms and throughout the day is part of a school wide efforts to improve student well-being. A school wide emphasis is often implemented as part of positive behavioral interventions and supports. Different approaches can be used in the schools. There are some evidence-based approaches to SEL. These include Responsive Classroom, Open Circle and RULER. RULER stands for recognizing, understanding, labeling, expressing and regulating emotion. These approaches help both in the classroom and in school wide efforts that involve students’ families. SEL can help improve the overall quality and character of school life and improve the school climate. SEL skills can be woven in traditional lesson plans, at all grade levels. While best to start at a young age, the key is to start where the students are. Some students may need targeted supports to fully benefit from SEL. Consider the following, developed by the Wisconsin Department of Public Education, when implementing SEL in classrooms, schools and districts: 1. Make SEL a priority. 2. Integrate SEL into academic instruction. 3. Create an environment that supports SEL. 4. Provide training and supports for SEL programs and practices. 5. Coordinate efforts to support all systems. 6. Use data to assess progress. 7. Focus on equity. 8. Incorporate student voice. 9. Involve parents and communities.

Status of SEL in Connecticut

Public Act 19-166, “An Act Concerning School Climates,” established a Social and Emotional Learning and School Climate Advisory Collaborative. CABE and CAPSS are represented on the collaborative committee. The advisory collaborative has been given a number of important tasks, the completion of which will greatly assist local districts in the implementation of SEL and improvement of school climate. This legislation also provided new definitions for “school climate, “positive school climate,” “social and emotional learning,” and “emotional intelligence,” which have been made a part of the policy pertaining to bullying and safe school climate.

Policy Implications

This topic impacts many existing policy areas. They include, but are not limited to, policies pertaining to nondiscrimination, staff development, discipline, bullying, safe school climate, cyberbullying, child abuse and neglect, suicide prevention, harassment, civility, school safety, student wellness and supportive services. The number gives testimony to district efforts to provide a safe and nurturing school climate conducive to student

well-being, instruction and learning. These policy topics are under the umbrella of school climate. SEL is essential to creating schools that effectively prepare all students to succeed in school and in life. Systemic whole school implementation of SEL encourages safe, supportive school communities in which all young people are valued. When a school’s culture is based on student strengths, providing tiered supports as needed, all students in the school community can benefit. How we teach is as important as what is taught. The development of social and emotional competencies in all students is complex work. Therefore, the necessary approach involves direct instruction through curriculum efforts and through the various programs and services a school district offers. Much is available in the professional literature and research pertaining to SEL programs to assist local districts. Sufficient resources, community involvement and staff training are essential requirements. A new policy, #6142.102 “Social and Emotional Learning” provides board of education guidance pertaining to the implementation of social and emotional learning in schools. It is available upon request.

Lockhart Named CABE Diversity Committee Chair Leonard Lockhart was named CABE Diversity Committee Chair by President Donald Harris. The Committee’s charge is to: A. Work to ensure that there is diversity (in particular, people of color) and sensitivity to diversity in all of CABE’s work. B. Encourage boards of education, school and district leaders, as well as State Government to continue to consider the importance of diversity and multiculturalism in public education. Leonard Lockhart The Committee recently released an Equity Toolkit, thanks to funding from the Nellie Mae Foundation and the Graustein Memorial Fund. The Toolkit provides information to Boards about developing policies and practices that ensure equity and excellence in their districts.

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

College Board Launches the Opportunity Scholarship Alan Bernstein

Senior Director, The College Board

If I were to ask “what should a scholarship look like” you would probably say a scholarship that isn’t based on merit or test scores or GPA because there are plenty of those types of scholarships already and they are limited to the highest performing students. Next, you might say a scholarship that doesn’t require a long list of requirements, such as submitting an essay or gathering recommendations from teachers and counselors or completing a lengthy application process. Next, you would likely say a scholarship that is not a one-and-done, but instead gives students multiple opportunities to earn money. Lastly, a scholarship that makes money available to students by rewarding them for the steps they are already taking as they prepare for college, with no extra burden and no additional time-consuming stress. Surprisingly, such a scholarship already exists! It is called the College Board Opportunity Scholarship and is open to all students beginning their junior year of high school. The Opportunity Scholarship was developed

last school year and was designed to reward students for taking the steps towards college that research shows will more likely result in them getting there. The best part is that most students are already taking these important actions and the Opportunity Scholarship is just one more incentive to keep students advancing along the path to college. The College Board made a $25 million-dollar, five-year commitment to the Opportunity Scholarships, with nearly half of that amount set aside for low income students. The way it works is that beginning in December of their junior year, students sign up on the College Board website and enter to win. Each month there are drawings where students who have completed specific college steps are eligible … and students can win for completing multiple steps! Here are the six steps needed to win and the potential dollar amounts for each. Step 1. Building a college list on the College Board Big Future™ website which many students already access. By completing this step, a student can earn a $500. Step 2. Practicing for the SAT®

using Official SAT Practice on Khan Academy. By completing this step, a student can earn $1,000. We know that 60 percent of grade 11 PSAT testers in CT have already linked their College Board account to Khan Academy. Step 3. Improving your SAT score by 100 points by using Official SAT Practice. By completing this step, a student can earn $2,000. Step 4. Strengthening your college list from Step 1, a student can earn $500. Step 5. Completing the FAFSA federal financial aid form, a student can earn $1,000. Step 6. Applying to college, a student can earn $1,000. Completing all six steps makes a student eligible for one of six grand prizes worth $40,000. Even better for Connecticut public school students is that an additional $40,000 has been added to the overall pool, thus increasing their chances to win. So far, there have been over 100 Connecticut students who have won an Opportunity Scholarship, representing over 40 school districts. Each month the schools that have had student winners are notified, and we also include a report showing the total

cumulative number of students who have signed up for the Opportunity Scholarship by school-district. Once the monthly winners are chosen, the administrators of the respective school is given the name(s) of the student winner(s). During our counselor workshops in the fall, we asked school counselors to help spread the word by taking the “Opportunity Scholarship Pledge.” Over 240 school counselors in Connecticut have done so! If you want to learn more about the Opportunity Scholarships, just google “College Board Opportunity Scholarship” or use this link: https:// opportunity.collegeboard.org/. The good news is that 17 percent of the Class of 2020 have signed up, but we are aiming for 100 percent for the Class of 2021. To help schools and districts reach this goal, we have provided outreach materials for communicating and promoting the Opportunity Scholarships located on the Opportunity Scholarship home page. The more students who enter, the greater the chances that winners will be chosen from your district. Help spread the word. The College Board is a CABE Education Affiliate.

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

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 Presented Bonnie B. Carney Communication Awards to the Glastonbury Board of Education Facilitated Woodbridge Board of Education retreat. z Conducted CABE Leadership Institute. z Responded to 52 requests for policy information from 29 districts, one charter school, two out-of-state school board associations, one outof-state educational consultant and one newspaper, providing sample materials on 45 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 pertained to district goals, recess time, ethics, attendance issues, electronic participation at board meetings and social media. z Presented Freedom of Information Act (FOIA) workshop for the Tolland Board of Education. z Presented roles and responsibilities workshops for Ansonia, Canton, Danbury, East Haven, Region #1 Board of Education (including the Canaan, Cornwall, Kent, North Canaan, Salisbury, and Sharon boards of education,) Sterling, and Tolland Boards of Education.

B y providing services to meet member needs:

z Provided legislative update for the Windsor Board of Education. z Auditing the policy manual of the Orange Public Schools. z Completed policy updates for East Hampton, Ellington, Gilbert School, Marlborough, New Fairfield, Putnam, and Windham as part of the Custom Update Service. z Provided board orientation workshop and facilitation of superintendent search questions and answers and board focus group for the Canterbury Board of Education. z Provided the Griswold Board of Education with protocols for board communications. z Facilitated Region #8 discussion

developing protocols for communications, i.e. most effective way for the board to communicate with each other and the superintendent. z Created memo to districts in response to inquiries regarding committee and subcommittee protocols and tips to avoid illegal meetings. z Provided information in response to 123 legal and labor relations questions from 38 districts. Topics included: • Posting union and non-union employment contracts on the district website. • Student residency determinations can be complex and must consider homelessness. • Conflict of interest policies covering non-financial conflicts and potential conflicts that impact board credibility and proactive low-drama strategies for handling them. • Title IX complaints for equal access to sports. • Student activity funds. • Sending administrative contracts to town clerks. z Facilitated workshop on shared vision between board and district administrators for Stonington. z Facilitated board of education selfevaluation with the Westport Board of Education. z Facilitated board/administrative workshop for the Ellington Board of Education.

B y helping school boards to increase student achievement:

z Sent were two issues of “Policy Highlights” via e-mail listserve covering topics that affect student achievement. Included topics pertained to homeless students, restorative justice discipline practices, protection of student privacy rights, and esports. z Provided question and answer support for Waterbury School Governance Councils.

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

z Prepared materials, as part of the Custom Policy Service for Ansonia, Danbury, and Montville. z Continued to update the 2020-2021 board of education budgets to the

Board Chair listserv. z Updated survey results regarding boards-towns maintaining undesignated funds of 1 percent or 2 percent in response to Board Chair listserv question.

B y promoting public education:

z Met with Chris Horan, Horan Communications, on developing a public relations initiative for CABE and boards of education. z Met with New Haven Register reporters. z Attended the CAPSS Board of Directors meeting. z Attended and presented at the Safe School Climate Collaborative.

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

z Participated in meetings of the Steering Committees of the Connecticut Voices for Children’s initiative and that of the Campaign for Working Connecticut on College and Career Readiness. z Participated in meeting of SDE’s Minority Teachers Recruitment Oversight Council. z Met with Education Commissioner Miguel Cardona, CAPSS Executive Director Fran Rabinowitz and others on anti-hate initiative. z Attended State Board of Education meeting. z Discussed strengthening NSBA with Steve Kutno of NSBA’s Growth Project. z Participated in meeting of the Connecticut Coalition for Public Education (CABE, CAPSS,

CAS, CEA, AFT-CT, CFSA [administrators’ union], CT PTA, and SDE [ex officio]. z Participated in meetings: to provide orientation of new state association executive directors; the Liaison Committee representing the executive directors of all school boards associations; the Winter Institute [professional development] for executive directors, NSBA survey committee; NSBA Equity Symposium; and the NSBA Advocacy Institute. z Attended Legislative Breakfast. held in Bloomfield. z Attended Legislative Breakfasts in CABE Areas 3, 6, and 7. z Attended SDE School Discipline meeting. z Met with House Speaker Joe Aresimowicz, Education Committee Co-Chairmen, and various legislators. z Attended meeting of the CAPSS Technology subcommittee.

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

z Participated in the State Department of Education’s (SDE) Zoom meeting on Increasing Educator Diversity. z Participated in Council of School Attorneys (COSA) special education webinar.

B y helping districts operate efficiently and conserve resources:

z Made revisions to the Model Student/Parent Handbook.

STATE MEETINGS OF INTEREST Wednesday, March 4

Friday, March 13

Friday, March 6

Wednesday, March 18

Wednesday, March 11

Friday, March 20

Education Committee Meeting followed by Public Hearing • 10:00 am Legislative Office Building, Room 1E

Advisory Commission on Intergovernmental Relations 10:30 am Legislative Office Building, Room 1B Education Committee Meeting followed by Public Hearing • 11:00 am Legislative Office Building, Rm 1E

Education Committee Meeting/JF Bills 12:30 pm • Legislative Office Building, Room 1E

Education Committee Meeting/JF Bills 1:00 pm • Legislative Office Building, Room 1C

Education Committee Meeting/JF Bills 1:00 pm • Legislative Office Building, Room 2C

*Meetings and Public Hearings subject to change.

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

The Media Message by Hannah Borowiec, Project Manager, Baldwin Media Marketing, LLC

TRENDING: Why Practicing Your Public Speaking Skills Matters For many people, the idea of addressing a crowd is off-putting and according to most studies, public speaking is the most common fear. Death is number two. As board members, more often than not, you will find yourself speaking in front of a crowd at an event whether big or small. In order to shake off the nerves and effectively communicate your message to your intended audience, the steps listed below will ensure confidence and clarity while speaking. Whether you are a board member or superintendent of schools, honing your public speaking skills will only help you perform better.

If you are looking to enhance your public speaking skills, here are a few steps to consider that will help you be more confident. 1. Prepare and Practice – As we’ve all heard before, practice makes perfect. The best thing you can do before your presentation is to prepare your material and then practice your delivery and timing. Start by looking at yourself in the mirror; you will notice any visual discomfort in your movements or facial expressions.

2. Dress Appropriately – Know your audience and dress appropriately for your specific situation. 3. Arrive Early – Arrive at your destination early. This doesn’t mean stay in your car and wait out the clock. If you are prepared, you should be able to walk in feeling confident. Use the restroom, drink water and adapt to your surroundings. 4. Take a Deep Breath – Before you are about to stand, inhale and exhale twice. This will

control your heart rate and relax your body. 5. Embrace the Fear – Instead of trying to fight off the fear, embrace it. Once standing, scan your audience and make eye contact with a few people from different areas in the room. As you begin, continue to look for friendly faces and remember to smile! Turning your nervous energy into positive enthusiasm will draw your audience in, while maintaining a strong physical presence.

“If your actions inspire others to dream more, learn more, do more and become more, you are a leader.” CABE STRATEGIC PLAN

(continued from page 5)

tive of the public, the media and legislators on the essential nature and work of School Boards •B roaden the knowledge of the responsibilities of Boards of Education across the State •B uild awareness, understanding and support for CABE’s mission, work and impact among member districts, prospective member districts, other K-12 education leaders, elected officials, and others Work on many of these initiatives has already begun. For the full Strategic Plan, go to: bit.ly/2P8FAW2.

– President John Quincy Adams building, and for school board members.” The Civility resolution was also adopted by the National School Boards Association at its Delegate Assembly. The Code provides expectations for all Board Members such as: • s eeking improvement of education throughout the State;

• r ecognizing the importance of an effective governance team; •u nderstanding that a Board Member has no authority as an individual; • e nsuring that all viewpoints are considered; and, •m odeling civility The Meeting Protocol includes

valuing the equal participation of all members, listening actively, focusing on the merits of the issue, and coming to meetings adequately prepared. The Code of Conduct is contained in #9273(a) in CABE’s online core manual and is also available on request.

Code of Conduct

The Board also approved a Code of Conduct for boards, focused on civility and meeting protocol. It grew out of the work of the Association pursuant to our Civility resolution, adopted in 2018, which “urges public officials at all levels of government to model civil discourse in their deliberations, allowing for the thoughtful, beneficial, and productive exchange of ideas and perspectives. CABE urges school boards to provide opportunities for students to develop their skills in conflict resolution and consensus

CABE on Capitol Hill – (l to r) CABE Executive Director Robert Rader, Federal Relations Chair Becky Tyrrell (Plainville), CABE Sr. Staff Associate for Government Relations Sheila McKay, CABE Immediate Past President Robert Mitchell (Montville), NSBA Northeast Region Director Lydia Tedone (Simsbury), President Donald Harris (Bloomfield), and CABE Deputy Director and General Counsel Patrice McCarthy on Capitol Hill to meet with members of the Connecticut Congressional Delegation.

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

Understanding Connecticut’s FOIA

School Safety, Security Issues and the FOIA

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

We live in unfortunately per-

ilous times. Fortunately, as you will see below, Connecticut’s Freedom of Information Act [“FOIA”] contains common sense protections that balance the public’s “right to know” with concerns about safeguarding sensitive discussions (and documents) about school security measures. Can the school board meet in executive session to discuss the school district’s security plan and strategy? Generally, yes. The FOIA permits executive session for discussions of “matters concerning security strategy or the deployment of security personnel, or devices affecting public security.” A discussion of the layout of the district’s security system, specifically the best types of security devices to use to secure a building and where these devices should be located, would be covered by this executive session provision, as would discussions of strategy concerning the use of security guards and/or school resource officers. Can we withhold from disclosure the actual security/safety plan and strategy? The FOIA contains an exception that exempts from disclosure documents where there are “reasonable grounds” to believe that disclosure may result in a “safety risk”. Specifically, the relevant FOIA provision exempts from disclosure: Records when there are reasonable grounds to believe disclosure may result in a safety risk, including the risk of harm to any person, any government-owned or leased institution or facility . . . except that such records shall be disclosed to a law enforcement agency upon the request of the law enforcement agency. Such reasonable grounds shall be determined . . . by the Commissioner of Emergency Services and Public Protection, after consultation with the chief executive officer of a municipal, district or regional agency, with respect to records concerning such agency This FOIA provision further lists the following examples of possibly exempt security related records: 1. Security manuals or reports; 2. Engineering and architectural drawings;

3. Operational specifications of security systems, except that a general description and the cost and quality of such systems could be disclosed; 4. Training manuals that describe security procedures, emergency plans or security equipment; 5. Internal security audits;

requested information would result in the public disclosure of information about a school’s security weaknesses and thus would pose a safety threat to students and staff in those facilities. Rejecting a claim that the information sought was just “financial information”, the FOIC noted that the schools applying for the grants must provide security assessment information and identify shortcomings in their secu-

“ School boards must balance the need to provide assurance to the public about the strength of their security measures without releasing too much information that could be used by potential wrongdoers.” 6. Minutes or records of meetings, or portions of such minutes or records, that contain or reveal information relating to security or other records otherwise exempt from disclosure; 7. Logs or other documents that contain information on the movement or assignment of security personnel; and 8. Emergency plans and emergency preparedness, response, recovery and mitigation plans, including plans provided by a person to a state agency or a local emergency management agency or official. As noted in the above FOIA exemption, school districts and municipalities may have to seek guidance from the state’s Department of Emergency Services and Public Protection [“DESPP”] before refusing to disclose security records. However, the Freedom of Information Commission [“FOIC”] and the courts will generally defer to the state’s safety risk assessment unless it is frivolous, patently unfounded, or in bad faith. By way of example, the FOIC recently upheld a refusal to disclose records showing the names of schools receiving funding under the School Security Competitive Grant Program, along with the dollar amount that each school had been given during each fiscal year since the program was started. Cornelius v. Commissioner, DESPP, #FIC 2019-0270 (January 8, 2020). The state opined that release of the

rity programs that they are seeking to mitigate. The FOIC cited to testimony indicating that disclosure of the requested information could allow someone with criminal intent to target these schools, knowing that they had security lapses requiring state assistance to rectify.

The FOIC found that the determination that the disclosure would create a safety risk was arrived in good faith and not frivolous or unfounded. So how far can schools go in refusing to disclose security plans and strategies? The FOIC appears to be aware that there are times that the release of information will aid those seeking to do harm. While conclusory information that provides a general description of a security system – as well as its cost and quality – may have to be disclosed, specific information relating to strategy and the deployment of security personnel and the specifications of security equipment and systems should be exempt from disclosure. From a practical perspective, school boards must balance the need to provide assurance to the public about the strength of their security measures without releasing too much information that could be used by potential wrongdoers. Attorney Sommaruga is the author of “Understanding Connecticut’s Freedom of Information Act” (5th Edition 2018).

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

Serving the Legal Needs of Connecticut’s Boards of Education Pullman & Comley’s School Law practice works with school districts, their boards of education and administrators to find practical, innovative and cost effective solutions to the legal issues they face. We provide legal counsel to school districts in connection with reviewing and revising policies and procedures, Freedom of Information Act issues, student discipline matters, and addressing other challenges school districts face on a daily basis. Additionally, our attorneys have significant experience in successfully representing school districts with respect to: O

Special education issues

All aspects of employment and labor relations matters, including collective bargaining and counseling concerning employee discipline issues

Cases in the federal and state courts and before administrative agencies

Please visit Education Law Notes, our school law blog that covers issues of great interest to school districts, including labor and employment, special education, gender and disability rights, FOIA, social media, bullying and policies and procedures at http://schoollaw.pullcomblog.com/.

pullcom.com

@pullmancomley

William R. Connon 860.424.4385 wconnon@pullcom.com

Donald F. Houston 203.330.2245 dhouston@pullcom.com

Melinda B. Kaufmann 860.424.4390 mkaufmann@pullcom.com

Zachary D. Schurin 860.424.4389 zschurin@pullcom.com

Stephen M. Sedor 203.330.2137 ssedor@pullcom.com

Mark J. Sommaruga 860.424.4388 msommaruga@pullcom.com

Michael P. McKeon 860.424.4386 mmckeon@pullcom.com

BRIDGEPORT

HARTFORD

SPRINGFIELD

STAMFORD

WATERBURY

WESTPORT

WHITE PLAINS

203.330.2000

860.424.4300

413.314.6160

203.324.5000

203.573.9700

203.254.5000

914.705.5355