The CABE Journal - July/August 2024

B C

www.cabe.org

Vol. 28, No. 7

July/August, 2024

Board Chairs – CABE Is Here for You!

State Board of Education June Meeting

Nicholas D. Caruso, Jr.

Associate Executive Director for Field Service and Coordinator of technology, CABE

See BOARD CHAIRS page 3

Chapman Hands, Chapman School, Cheshire

Increasing Educator Diversity Policy Oversight Council Patrice McCarthy

Executive Director & General Counsel, CABE

The Increasing Educator Diversity Policy Oversight Council held its quarterly meeting in June to receive an update on various statewide initiatives. The Connecticut Educators Rising Program which began in 2020 with eight districts will have 29 districts participating in the Fall. A total of $500,000 in state funds was available for grants to school districts to initiate the program, expand to middle schools or focus on males of color or English Learning students. The program gives students the opportunity to explore education as a career opportunity.

The State Department of Education reported that 104

districts have submitted the required Increasing Educator Diversity Plans.

The Department will be working with the outstanding districts to determine when their plans can be reviewed.

The recommendation of the Council to expand eligibility for the Aspiring Educators Diversity Scholarships to include not just students in priority school districts but Alliance districts as well was adopted by the Legislature.

inside

Membership on a board of education is challenging enough, but those of you who are willing to serve as Board Chair have your own set of unique trials. At CABE, we are sensitive to that and have worked hard to provide chairs with additional layers of support.

For the past several years, CABE has provided board chairs with access to an e-mail list (listserv). Chairs can post questions or share ideas. This list is monitored by CABE Staff so we can assist, if necessary, but, generally, chairs are good at providing each other support.

CABE also provides opportunities to meet to discuss topics of interest and general conversations about the issues of the day. CABE staff will often share “hot topic” information and help facilitate the session, but it is often the chairs themselves that share solutions.

These board chair check-ins are held monthly via Zoom.

Throughout the year, CABE provides professional development opportunities for board chairs, with topics such as running meetings (including Robbert’s Rules of Order), dealing with challenging people, or how to better communicate with your community.

These are held in person or as webinars.

We also hold a Summer Leadership Program every August and a New Board Member/Leadership Conference after local elections. This year we will be holding two separate events.

The first event will be on August 8, 2024 (CABE Summer Leadership and New Board Member Conference), with another session; CABE New Board Member and Leadership Conference on December 3, 2024. Look for agendas soon.

Sheila McKay

Associate Executive Director for Government Relations, CABE

8

The State Student Advisory Council on Education provided their annual presentation at the monthly state Board of Education meeting in June.

These high school students from across the state proposed a statewide student reading mentorship program based on current programs in West Hartford, Thomaston, and New Britain/Farmington. They discussed the benefits for both elementary students learning to read and to high school students who are given professional development in literacy and promote their leadership skills.

Another group of the students presented on Early College Experiences (ECE). Of the few barriers to pursue ECE, students find the AP courses to be more attractive than ECE because of the bump in class rank possible with AP. Members of the State Board offered ideas to pursue other aspects of each of these presentations.

Vice Chair Erin Benham spoke about Connecticut’s great efforts to create more opportunities for districts to “grow your own” teachers. Currently, 28 districts are participating in the Educator Rising program.

The Hartford school district will be working with SDE on financial operations per a vote of the state board of education, specifically on issues involving magnet schools, special education and a review of the districts’ financial systems.

11

New Rules for National Civics Non-Lapsing Bee Connecticut Account Funds State Finals

12

Connecticut DEI Directors Meet

2

The Journal – Connecticut Association of Boards of Education | July/August, 2024 PRESIDENT COMMENTARY

We Have One Interest – the Children Leonard Lockhart President, CABE

The summer months are a point of reflection for the previous academic year and opportunities for the new year. As board members, we work with the Superintendent and all constituents to provide high-quality public education with all the associated challenges. Board self-evaluation is an important tool for completing the reflective process and helping retool and redeploy. The process is not designed to be punitive but to place all on the table for discussion.

Pressures are upon us to make critical budgetary decisions. According to the Center on Budget and Policy Priorities (2/28/24 Joanna Lefebvre and Sonali Master), “the final round of federal Elementary and Secondary School Emergency Relief (ESSER) funds is set to end soon: states must commit the funds by September 2024.

ESSER funds account for a significant share of current education dollars, which puts schools at risk of shortfalls when these funds lapse. Furthermore, some school districts have not yet tapped all available funds and risk losing any unused funds in September. If funds are obligated by the end of September, they can still be spent through the end of December or through March 2026 if an extension is granted.

Further, the financial impact of the

expiration of ESSER funds for states and school districts will be exacerbated by several factors: costly state tax cuts, the diversion of resources to school vouchers, inadequate school funding formulas, elevated costs, and an uncertain revenue outlook. In combination with these factors, the loss of ESSER funds could have severe implications for students, including risking teacher layoffs, school closures, and the loss of crucial student programming. These risks are especially great in low-income districts, though the impact will be nationwide.”

The CABE Board of Directors has worked tirelessly with CABE staff to address the issue with the Connecticut General Assembly. I wish to publicly thank them and Governor Ned Lamont, for committing funding to public education. While local budgets are under significant pressure, Connecticut education is in a much better position than many other states. The issues on the table are more funding, staffing, and accountability. During CABE’s June Board of Directors meeting, we welcomed Andrew Ferguson to speak with us about the 119K Commission and how CABE and board of education members can assist with the work. The data illustrates a stark reality: 119,000 14 to 26-year-olds in Connecticut, nearly 20 percent, are at risk of not graduating high school or already disconnected from education

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 and employment. Without intervention, many will become permanently dependent on the state and more susceptible to financial insecurity, substance abuse, crime, incarceration, and homelessness. I recently spoke before the Commission as CABE President about the board’s role in obtaining funding and developing policies.

We are feverishly preparing for our summer leadership conference this month. The Summer Leadership Conference will be an all-day event and provide state-mandated professional development to all board members at no cost. We are preparing for a robust annual CABE/CAPSS Convention which is preceded by the CABE Delegate Assembly. The Convention promises to provide dynamic presentations and amazing networking opportunities.

The new school year is upon us.

The fresh energy of convocations will welcome back seasoned teachers and embrace new teachers. We have one vested interest – the children. We each play a pivotal role in supporting the Superintendent. I’m asking all to unite as board members to begin the year strong as all are watching including the children we took an oath to serve.

CABE Board of Directors and CABE Staff are here to cheerfully serve you. How may we assist you?

Show Your Support for Public Education

#ISupportMyCTPublicSchools

Purchase Lands’ End Attire!

TO ORDER SCAN THE QR CODE TO THE LEFT

Contact Wilmarie Newton at wnewton@cabe.com if you have any questions.

NOTE: CABE DOES NOT PROFIT FROM THESE SALES.

#ISupportMyCTPUblicSchools

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

Patrice McCarthy | Executive Director and General Counsel Lisa Steimer | Deputy Executive Director Nicholas Caruso | Associate Executive Director for Field Services and Technology Jody Goeler | Senior Staff Associate for Policy Service Sheila McKay | Associate Executive Director for Government Relations Conrad Vahlsing | Deputy General Counsel Wendy DeBarge | Coordinator of Finance and Administration Pamela Brooks | S enior Administrative Associate for Policy Service and Search Services Shannon Hamilton | Administrative Assistant for Policy Service Gail Heath | Administrative Associate for Government Relations/ Assistant to the Executive Director Wilmarie Newton | A dministrative Associate for Digital Communications Nancy Propfe | Administrative Assistant for Membership Services Annette Tamburrino | Association/Board Administrative Assistant

CABE Journal (ISSN 1092-1818) is published bi-monthly by Connecticut Association of Boards of Education, 81Wolcott Hill Road, Wethersfield, CT 06109. Periodicals postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75. Association members dues include a subscription for each Board Member, Superintendent, Assistant Superintendent and Business Manager. The companies and advertisements found in The CABE Journal are not necessarily endorsed by CABE.

The Journal – Connecticut Association of Boards of Education | July/August, 2024

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

Berchem Moses PC Pullman & Comley Shipman & Goodwin HONOR ROLL JCJ Architecture Kainen, Escalera & McHale, P.C. Newman/DLR Group Solect Energy SCHOLAR Brown & Brown Chinni & Associates, LLC Coordinated Transportation Solutions Dattco, Inc. ESS Franklin Covey GWWO Architects The Lexington Group Perkins Eastman 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) Booker T. Washington Academy Cambridge International Capitol Region Education Council (CREC) Connecticut Alliance of YMCAs Connecticut Arts Administrators Association Connecticut Association for Adult and Continuing Education (CAACE) Connecticut Association of School Business Officials (CASBO) Connecticut School Buildings and Grounds Association (CSBGA) Connecticut Technical High Schools Cooperative Educational Services (C.E.S.) EASTCONN EdAdvance Explorations Charter School Great Oaks Charter School Integrated Day Charter School ISAAC LEARN New England Science & Sailing Foundation Odyssey Community School, Inc. The Bridge Academy

3

EXECUTIVE DIRECTOR COMMENTARY

Take the Time to Re-energize Patrice McCarthy

Executive Director & General Counsel, CABE

I hope everyone has had the opportunity to spend some time resting, relaxing and recharging – or has plans to do so before school begins and board of education responsibilities intensify once again. Learning is always one way to recharge, and the opportunity to engage in professional development continues in the summer months, including CABE’s New Board Member Orientation and Leadership Conference and webinars on school finance. Taking the time to learn something new, to deepen your understanding of an issue, and to explore best practices with colleagues can be very energizing.

Travel, particularly to a foreign

BOARD CHAIRS

(continued from page 1)

In 2024, CABE initiated a new service to provide a mentorship program for board chairs. Mentors are seasoned board leaders who are paired with board chairs who request support.

So far, we have 10 mentors serving the needs of 16 board chairs. These mentors serve as sounding boards for chairs who are looking for advice, or a sympathetic ear. So far everyone seems quite pleased with the results.

The new mentorship program was not designed to replace CABE staff support for board chairs, but to add another layer of support. CABE staff are always available to assist chairs with questions as varied as dealing with diverse perspectives, helping with meeting protocols and etiquette, or questions on board governance.

There are over 100 years of combined experience on the CABE staff available to assist you as needed.

Last year, CABE worked with the leadership organization, FranklinCovey, to create a series of workshops (both online and in-person) on the Board Chair/Superintendent Relationship.

Board chairs interested in any of the services mentioned in this article can contact Nick Caruso (ncaruso@ cabe.org) for further information.

country, brings a certain amount of unpredictability – and excitement. Did I really manage to order chicken and vegetables in China? I guess the beak peering up from the pot answered that question. Is this bowl for the beer or the soup? Will I remember to take off my shoes at each Buddhist temple in Japan?

The opportunity to travel energizes us by providing new learning – even if it takes place after a long flight!

When visiting the International School of Belgium as a New England Association of Schools and Colleges (NEASC) volunteer I observed how their guiding statements – Dream, Achieve, Celebrate and Unite – were reflected throughout the school community and thought about how this approach could be replicated as our school

boards make the mission and vision come alive in the schools. In Japan it became clear why Shinto shrines were everywhere when I learned of their belief that rocks, trees, rivers, animals and places can all be considered sacred.

Each of us recharges in a different way. Whether it is reading a book under a tree, at the beach or by a lake, attending sports events to cheer on your team, or taking a trip of the lifetime, I hope you are energized to embrace the opportunities that we will encounter in the upcoming school year.

4

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

The Nutmeg Board Policy Committee Considers the School Climate Policy: What Could Possibly Go Wrong?

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.

Mr. Superintendent recently reminded the members of the Nutmeg Board of Education that the Board is required by law to adopt a new school climate policy before the end of the 2024-2025 school year. Penny Pincher, long-serving member of the Nutmeg Board, chairs the Policy Committee, and by email she scheduled a meeting to address this statutory requirement.

Penny attached the CABE School Climate Policy to the email, and she included all members of the Board on the email to keep them apprised of the Policy Committee’s work to address this statutory requirement.

Mal Content, another member of the Board, responded “Reply All” to Penny’s email, and asked if Penny would mind if he attended the meeting to share his thoughts on the proposed Policy. Penny responded to Mal on the group email to say that she welcomed his attendance at the meeting of the Policy Committee because she valued his opinion. However, given his prior run-ins with the Freedom of Information Commission, veteran Board member Bob Bombast (and also a member of the Policy Committee) promptly weighed in on the group email, warning that Mal should not attend the meeting because his presence would create a quorum of the Board.

But Penny dismissed Bob’s concerns, replying all with the observation that meetings of the Policy Committee are public meetings that anyone can attend.

Mal liked Penny’s answer, and he came to the meeting of the Policy Committee. When Penny convened the meeting, she invited Mal to sit with the other members of the Committee and to participate in the discussion, given the important work before the Committee.

Penny started the meeting by explaining that the General Assembly made significant changes in the

bullying statute last year, and that Ms. Board Attorney had written her to describe the legal Board’s obligations regarding the changes in the bullying statutes. Penny then suggested that the Board convene in executive session to review the advice from Ms. Board Attorney. Ever gun-shy about FOIA matters, however, Bob Bombast objected, pointing out that the agenda for the meeting did not include “executive session.” In response, Penny told the Committee that she was tired of arguing with Bob and that the Committee would just continue the meeting in open session without discussing the advice from Ms. Board Attorney.

The Committee then engaged in a careful reading of the Policy. Bob Bombast observed that the definition of “bullying” in the School Climate Policy was very different from previous definitions, providing simply: “Bullying” means unwanted and aggressive behavior among children in grades kindergarten to twelve, inclusive, that involves a real or perceived power imbalance.

“How does one know what a ‘real or perceived power imbalance’ is?”

Bob asked rhetorically. “With that vague definition, the Administration will never be able to rule definitively on a bullying complaint. I move that we strike the reference to a power imbalance and just go with ‘unwanted and aggressive behavior.’”

Penny seconded the motion, noting that simpler is better, and she called for discussion before the vote.

Mal objected to Bob’s motion, stating that a power imbalance is at the heart of conduct that constitutes bullying.

However, Penny reminded Mal that he is not on the Committee, and the three members of the Committee voted to approve Bob’s motion. Then, after a few more tweaks to the wording of the CABE School Climate policy, the Committee voted to recommend the revised policy to the full Board.

Can the Nutmeg Board of Education adopt the School Climate Policy as “tweaked”?

• • • • • • • • • • • • In a word, no. Last year, the General Assembly gave CABE an important responsibility – to develop a School Climate Policy – and in the related legislation the General Assembly also required that all boards of education adopt that policy prior to July

1, 2025. Specifically, Sections 47(13) and 49 of Public Act 23-167 provide that CABE must develop, update and approve a School Climate Policy, which then the Social and Emotional Learning and School Climate Advisory Collaborative must adopt. Both CABE and the Collaborative have fulfilled these responsibilities, and boards of education in Connecticut may now move ahead and adopt and implement the School Climate Policy. The Policy sets forth the various requirements for dealing with challenging student behavior, such as designating a school climate specialist, creating a school climate committee, and creating a school climate improvement plan for each school. By taking the actions as set forth in the School Climate Policy (which reflect the requirements of the law), local and regional boards of education will be in compliance with this new, restorative approach to challenging student behavior.

Significantly, the Nutmeg Board of Education was wrong in its approach.

Under the new law, the School Climate Policy is not a suggestion for boards of education to consider. Rather, the legislation provides that boards of education must adopt the Policy before July 1, 2025. Contrary to the common approach whereby boards of education have some discretion in adopting policies that are mandated by statute, here there is no flexibility and boards of education must adopt the School Climate Policy as written. Accordingly, it was not appropriate for the Nutmeg Board to wordsmith the definition of “bullying” or otherwise to tweak the School Climate Policy as developed by CABE and adopted by the Collaborative.

The actions of the Policy Committee raise issues under the Freedom of Information Act as well. The back-and-forth “Reply All” emails are problematic, of course, because the Freedom of Information Commission would likely find that the Nutmeg See SEE YOU IN COURT page 6

The Journal – Connecticut Association of Boards of Education | July/August, 2024

5

6

The Journal – Connecticut Association of Boards of Education | July/August, 2024

CABE: Working for YOU

Individualized Workshops | Professional Development Opportunities Legal Services | Policy Services | Representing You Statewide and Nationally Below are the highlights of activities that the CABE staff has undertaken on your behalf over the last month.

We did this:

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

z Provided roles and responsibilities workshop for Bozrah Board of Education. z Developed a Board of Education Member Handbook. z Discussed CABE membership with the Region #17 Board of Education. z Provided New Board Member training for the Hartford Board of Education. z Responded to 34 requests for policy information from 25 districts, providing sample materials on policy topics. Further, districts continue to access CABE’s online Core Policy Reference Manual and/or online manuals posted by CABE for policy samples. The topics of greatest interest were those about Graduation Ceremonies, FMLA, Admission, and Exit Interviews. z Provided support to board members and central office administrators regarding policy matters.

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

z Prepared the Education Law summaries. z Provided one issue of “Policy Highlights” via e-mail, with information regarding: • More Smartphone Bans in Schools; • The Policy Concerns That Keep Teachers Up at Night; • What to Expect from the Updated Title IX Regulations.

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

z Attended NSBA State Association Counsel virtual meeting. z Attended COSA Title IX webinar. z Attended CT School Attorneys Council meeting. z Attended the National Federation of School Board Trainers (FEDTRAIN) Annual Conference. z Attended CT Society of Association Executives (CSAE) webinar on Optimizing Association Staffing. z Attended New England Society of

Association Executives (NE/SAE) annual conference.

y promoting public B education:

z Discussed education issues with CT Insider reporter, WTIC-AM radio, and CT Public Radio.

y providing services to B meet member needs:

z Provided input to the Waterbury Charter Revision Commission on Superintendent selection process. z Provided Legislative Wrap-Up workshop. z Participated in CABE Government Relations, State Relations, and Resolutions Committee meetings. z Facilitated Board Chair Check-In call. z Responded to a variety of legal inquiries from members. z Facilitated board self-evaluation with the Griswold Board of Education. z Discussed Strategic Planning with the Thomaston Board of Education. z Facilitated Superintendent’s Evaluation for the East Windsor Board of Education. z Met with the leadership team of the Portland Board of Education to discuss an upcoming board retreat. z Presented a policy development session for the Bloomfield Board of Education. z Participated in a working group for the development of a Title IX Toolkit. z Collaborating with SDE staff to develop a policy position statement on school cell phone use. z Prepared materials, as part of the Custom Update Policy Service, for Gilbert School and North Stonington. z Prepared materials, as part of the Custom Policy Service, for Shelton and Stamford. z Preparing a Policy Audit for the Orange Public Schools. z Currently assisting Newtown and the Winchester Boards of Education with their superintendent search. z Staffed CABE/CAPSS Convention Workshop Selection Subcommittee and Convention Committee meetings. z In partnership with CASBO and SDE, presented a school finance

webinar on Reports – Grants, Excess Cost, Perkins, Preparing for YearEnd.

y helping districts B operate efficiently and conserve resources:

z Posted policies online, as part of the C.O.P.S. Program for Barkhamsted, Bethel, Brooklyn, Danbury, Derby, Griswold, Preston, Region 18, Voluntown, Westport, and the CABE CORE Manual.

y representing ConnectiB cut school boards on the state or national level:

z Attended Increasing Educator Diversity Council meeting. z Attended CT Civics Bee finals. z Provided legislative update for CREC Council. z Attended Special Education Task Force meetings. z Attended Stafford Board of Education Recognition Ceremony.

SEE YOU IN COURT

(continued from page 4)

Board was engaged in a “discussion” by electronic means among a quorum on Board business, which as such would be an unposted meeting in violation of the FOIA. Mal’s attendance at the meeting of the Policy Committee also raised issues under the FOIA, but Penny could have avoided those problems by declining to give Mal special privileges at that meeting. As Penny noted, Mal had every right to attend the Policy Committee meeting. The FOIA specifically provides: A quorum of the members of a public agency who are present at any event which has been noticed and conducted as a meeting of another public agency under the provisions of the Freedom of Information Act shall not be deemed to be holding a meeting of the public agency of which they are members as a result of their presence at such event.

Conn. Gen. Stat. § 1-200(2). Given that provision, Mal attending as a member of the public would not have been a problem. However, when Penny gave Mal special privileges to speak,

z Attended State Board of Education meeting. z Participated in CT Education Partners call. z Participated in Child Emergency Preparedness Committee meeting. z Attended Discovering Amistad Board of Directors and Ship Committee Meetings. z Attended Connecticut Commission for Educational Technology (CCET) meeting. z Chaired a joint meeting of the Digital Learning Advisory Council and Infrastructure Advisory Council of the CCET. z Organized members to serve on various task forces at the state level. z Participated in a panel discussion about Trends in Association Membership, Organizational Strategy, and Operational Excellence at the annual New England Society of Association Executives (NE/SAE) conference. z Participated in New England School Public Relations Association (NESPRA) Board of Directors meeting. the meeting arguably morphed into an unposted (and thus illegal) meeting of the full Board.

By contrast, the Policy Committee could have convened into executive session as Penny proposed, Bob’s concerns notwithstanding, because discussion of written legal advice is privileged to executive session. Significantly, “executive session” is not an agenda item, and it is not necessary to list “executive session” on the agenda.

Rather, public agencies must include on their agendas the items that they will discuss and on which they may take action. If discussion of a listed agenda item is privileged to executive session, in whole or in part, boards of education have the right to hold that discussion in executive session, and the FOIA does not require prior warning on the agenda of the possibility that it will convene in executive session.

Attorney Thomas B. Mooney is a partner in the Hartford law firm of Shipman & Goodwin who works frequently with boards of education.

Mooney is a regular contributor to the CABE Journal. Shipman & Goodwin is a CABE Business Affiliate

The Journal – Connecticut Association of Boards of Education | July/August, 2024

7

8

The Journal – Connecticut Association of Boards of Education | July/August, 2024

New Rules for Non-Lapsing Accounts and Boards of Education Conrad Vahlsing

Deputy General Counsel, CABE

Under the newly enacted Public Act 24-45, local boards of education have been enabled greater freedom in establishing an account to carry over unexpended funds from the previous year. These accounts, called non-lapsing accounts, will continue to have several limitations, but one limitation has been removed: local boards of education have greater control over deciding whether to establish such an account.

Under the old non-lapsing account rules, the board of finance/ selectmen/etc. had the permissibility to establish a nonlapsing account for unexpended education funds, but now that permission is given expressly to the local board of education.

Three general statutory rules for nonlapsing accounts remain the same: (1) amounts deposited into the account cannot exceed two percent of the prior fiscal year’s appropriated budget, (2) expenditures from the account can only be for educational

purposes, and (3) expenditures must be authorized by the local board of education. As an aside, note that the amount was previously capped at one percent, but was bumped up to two percent in 2019.

Before this new Act, nonlapsing accounts could be a bit subject to confusion (and even contention) between the board of education and the town fiscal authority.

Previously, some Connecticut boards had established MOUs (memoranda of understanding) or other agreements with town authorities in order to delineate the character and uses for the account. For example, a MOU that stated that funds would go into the account for additional expenses related to the COVID-19 pandemic.

While there may still be room for such agreements depending on fiscal procedures and controls, such agreements should likely take on a different character given that the board of education and not the board of finance now has the prerogative to create the account.

Boards of education should also up-

date any district policies or regulations on nonlapsing accounts.

Regional boards will be operating under new rules too, pursuant to a different section of the same Act. However, these similar types of accounts have, and have had, different rules than local boards, including not being called nonlapsing accounts in statute.

Regional boards were already allowed to create a “reserve fund” by a majority vote of the regional board of education, but the language that previously limited use of such accounts to “capital and nonrecurring expenditures” has been replaced with language requiring that it be for “educational expenditures.”

The Act contains other new language for such regional boards’ accounts, including when the regional board is, due to unforeseen circumstances, unable to spend appropriations related to the account, but much of the rest of the rules remain the same, including limiting appropriations to the account to two percent of the annual district budget, similar to

local boards.

For further reading, and reference, on the new rules for these types of accounts, Section 7 of Public Act 24-45 relates to local boards, while Section 8 relates to regional boards. The sections of the Act amend sections of the Connecticut General Statutes, Section 10-248a for local boards and Section 10-51 regional boards.

Ready Set Govern!

MEMBER/ LEADERSHIP CONFERENCE Thursday, August 8, 2024 Water’s Edge, Westbrook For more information or to register, scan the QR code:

The Journal – Connecticut Association of Boards of Education | July/August, 2024

9

POLICY IN PRACTICE The Title IX Policy Landscape for 2024-2025 Jody Goeler

Sr. Staff Associate for Policy Service, CABE

A Brief History

Among the heavy lifts in the policy arena for the upcoming 2024-25 school year, Title IX will likely receive the most attention. Title IX of the Education Amendments of 1972, the landmark law prohibiting sex discrimination in schools, received bipartisan support in Congress and was signed into law that year by President Richard Nixon.

The first federal law to enshrine protections against sex discrimination in schools, the law states that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The law applies to any entity that receives federal funding and operates an educational program, including K-12 school districts, charter schools, and private K-12 schools that might receive any form of federal funds. Title IX forced many schools across the country to establish equal opportunities for girls and boys in sports and other educational programs.

Areas of Contentiousness Over Recent Presidential Administrations

Boards of Education, administrators, and staff have every reason to find it challenging to keep up with changes to the technical and consequential regulations stemming from Title IX. The past three presidential administrations have rewritten the regulations implementing the law and changing how it’s enforced and have taken different positions on the rights of women and LGBTQ+ people in educational settings.

The newest iteration strengthens the rights of LGBTQ+ students and staff, explicitly stating that schools cannot discriminate against students based on sexuality or gender identity.

Before releasing the revised regulations, the U.S. Department of Education interpreted Title IX to prohibit discrimination based on sexuality and gender identity, based on the 2020 Supreme Court ruling in Bostock v.

Clayton County, GA, which found that

federal employment law prohibits discrimination based on gender identity and sexuality. The New Rule makes it explicit under Title IX without room for interpretation.

Upon the release of Title IX’s “New Rule,” Education Secretary Miguel Cardona announced that the revised regulations were “Committed to ensuring Title IX works for all students,” making it clear that “everyone can access schools that are safe, welcoming, and that respect their rights.” The Department of Education is preparing to release another Title IX rule revision that would prohibit schools from

nation claims. In 2011, the Education Department’s Office for Civil Rights under President Obama released a “Dear Colleague” letter stating that schools must use a “preponderance of evidence” standard when evaluating harassment or sexual violence complaints under Title IX. That standard is less strict than the “clear and convincing evidence” standard, which suggests that it is “highly probable or reasonably certain that sexual harassment or violence occurred,” according to the letter. Schools previously could have used either standard to evaluate whether someone violated a student or

“ Boards of Education, administrators and staff have every reason to find it challenging to keep up with changes to the technical and consequential regulations stemming from Title IX.” banning all transgender students from joining school athletic teams that align with their gender identity. A date for this release hasn’t been announced.

Broadening protections, the new rules prohibit sex-based harassment, which includes sexual assault and dating violence, and require schools to address those areas. They also expressly prohibit discrimination against pregnant students and students who are parenting and prohibit discrimination against LGBTQ+ students. It’s important to note that Connecticut law has already provided similar protections over recent years.

Therefore, perhaps more significant for Connecticut public schools’ ensuring compliance with Title IX’s new rules, schools will need to know how to be compliant in their policies and practices—revise their Non-discrimination policies and notices, and develop updated complaint and investigation procedures. Of note is that Title IX’s “New Rule” provides greater flexibility related to these procedures.

Most recent changes to presidential administration interpretations and regulations have largely had to do with Title IX’s application to gender identity and the process schools use to investigate and resolve sex discrimi-

staff member’s Title IX rights.

In that same letter, the Department also stated that sexual harassment and sex discrimination could constitute a “hostile environment” if they are “sufficiently serious that they interfere with the student’s ability to participate in or benefit from the school’s program.” Under the Obama-era guidance, harassment or discrimination didn’t have to be repeated for it to be considered to have created a “hostile environment” if it was sufficiently serious and severe to have violated Title IX. Later, in 2016, the Obama administration released another letter saying that schools are obligated under Title IX to provide transgender students with locker rooms and restrooms that align with their gender identity.

Following the Obama administration, President Trump’s administration rescinded both letters. In 2017, Secretary of Education Betsy DeVos released interim guidance that said schools could use either the “preponderance of evidence” or the stricter “clear and convincing” standard when evaluating sex discrimination claims.

It also advised schools to return to the Bush-era standard of “hostile environment,” under which harassment would

need to happen repeatedly to qualify as creating a hostile environment, regardless of severity.

The Trump administration also rescinded the Obama administration letter regarding Title IX protections for transgender youth. In 2020, the Trump administration finalized its own interpretation of the law through an official revision of the rule.

With the Biden administration, that’s all changed again: • Title IX reverts back to the Obama-era definition of a hostile environment, meaning that harassment or discrimination doesn’t have to repeatedly occur for it to be considered hostile; • It also restores the terms of the Obama-era guidance on resolving sex discrimination claims, requiring that schools use the “preponderance of evidence” standard in evaluating sex discrimination, harassment, and assault claims unless the district uses the “clear and convincing” standard in other comparable disciplinary procedures; • It also took Obama-era guidance further by explicitly writing into federal regulations that Title IX outlaws discrimination based on a person’s sexuality or gender identity and requiring schools to allow transgender students to use bathrooms that align with their gender identity.

For Now

Upon the release of the updated Title IX Regulations, district administrators are working feverishly to become familiar with the changes: new definitions, new flexibilities, broadening protections, etc. CABE is finalizing its updated Title IX and non-discrimination model policies to support district efforts and working with the Commission on Women, Children, Seniors, Equity, and Opportunity on a Title IX Compliance Tool Kit to help districts effectively implement Title IX in their districts. It’s important to note that with the new flexibilities, model policies should be considered the starting point for Board deliberations, utilizing administrative, staff, and community input to ensure their policies are best suited to meet their district’s

10

The Journal – Connecticut Association of Boards of Education | July/August, 2024

The Journal – Connecticut Association of Boards of Education | July/August, 2024

11

National Civics Bee Connecticut State Finals Patrice McCarthy

Executive Director & General Counsel, CABE

Connecticut recently hosted the National Civics Bee State Finals at the Legislative Office Building. The National Civics Bee is an annual competition aimed at improving civics education and literacy among middle school students,

their families, and communities. Middle school students competed all across Connecticut this year.

The students reached the state finals after submitting essays tackling a problem in their communities, and competing in regional bees hosted by the Bridgeport, Middlesex, and Waterbury Chambers of Commerce.

After completing eighth grade at Tomlinson Middle School in Fairfield, Faizan Seyal became the first winner of the National Civics Bee Connecticut State Finals. He will compete at the national level in Washington, DC in November.

Judges for the competition were former Governor M. Jodi.

Rell, former Secretary of the State Denise Merrill, and Janice Brunner from Travelers. In her remarks, Ms. Brunner stated that serving on a board of education or planning and zoning board develops skills that their employees bring back to Travelers.

CABE was one of the sponsors of the competition.

CABE President Leonard Lockhart (Windsor) participated in a panel discussion before the 119k Commission on June 25.

12

The Journal – Connecticut Association of Boards of Education | July/August, 2024

Connecticut DEI Directors Meet

The Capitol Regional Education Council (CREC) recently convened Connecticut’s DEI Directors for a conversation on the successes and challenges in their work. CABE President Leonard Lockhart, CAPSS Executive Director Fran Rabinowitz, Senator Doug McCrory, and Windsor Superintendent Terrell Hill were among the participants in a panel discussion. Among the observations shared were: •A dvocacy and collaboration are critical to this work •C ABE’s DEI Committee

looks at board diversity and strategies to support superintendents and staff

• Work in this area needs to be strategic • Policy, practice and relationships are all important to diversity and inclusion work The district staff participating in the conversation expressed their desire to continue to convene to share best practices.

Meetings of Interest Connecticut State Board of Education August 7, 2024 • 9:30 a.m.

450 Columbus Boulevard, Plaza North Conference Room C & D

Connecticut DEI Directors met on July 12.

“ The best way to find yourself is to lose yourself in the service of others.”

— Mahatma Gandhi

The Journal – Connecticut Association of Boards of Education | July/August, 2024

13