The CABE Journal - June 2024

View from the Capitol

While the 2024 legislative session has adjourned, there continues to be work to be done. New working groups and a task force were created in 2024 legislation.

A working group will review high school graduation requirements to identify requirements that limit or restrict instruction or service provision to students. CABE will lead this work.

CEA and the AFT-CT will jointly convene a working group to review (1) high school grading policies used by local and regional boards of education and (2) the accountability index and information and data the CT State Department of Education (SDE) uses to calculate index scores. CABE will be a member of this group.

The groups must each submit a report to the Education Committee by January 1, 2026.

A task force will develop recommendations for creating and administering a statewide program for delivering bereavement and grief counseling services to children and families at no cost to participants. The task force

Reflections on My Public Education Experiences

I have been a part of the public education system my whole life. It has served me with so many wonderful experiences and learning opportunities. Not only has it opened my mind, but it has given me a greater perspective on life and building relationships. I am currently a senior at New Britain High School. We call New Britain a melting pot, it’s a

metaphor for all the various cultures, ethnicities, and races this city has. Something I appreciate about public education is that it is available to everyone. It makes for a diverse community full of students with different interests and passions.

This year I got elected as a student representative for the New Britain Board of Education. It has given me new experiences and opportunities involving education, and student voice. I think that student voice is always something that school boards and districts should take into consideration. You all work so hard to get the very best for your students,

At their May meeting, State Board of Education members recently confirmed by the Connecticut General Assembly took the Oath of Office. Bonnie Burr and Erik Clemons were reappointed by the Governor to the Board. Kristen Record, 2011 Connecticut Teacher of the Year and a High School Physics Teacher and Dr. Juan Salazar, Professor and Chief of Pediatrics at UConn School of Medicine and Physician in Chief at Connecticut Children’s are new members of the Board.

Among the action items the Board approved were the Undergraduate Special Education Educator Preparation Program at Central Connecticut State University and the Undergraduate Integrated Early Childhood Elementary Education and Special Education Program at the University of Saint Joseph. These programs will help address educator shortages in these critical areas.

The Board also approved the Declaratory Ruling in the case of Brass City Charter School. The school, located in Waterbury, filed a petition for a Declaratory Ruling on May 30, 2023 alleging a dispute with the Waterbury Board of Education concerning payment to Brass City for the cost of educating Waterbury students who attend the Charter School and require special education. Booker T. Washington

Sheila McKay Sr. Staff Associate for Government Relations, CABE

Ariana Mohamed Graduating Senior, New Britain High School

Patrice McCarthy Executive Director & General Counsel, CABE

Take a Moment to Enjoy the Flowers

As CABE President, I salute board of education members. Continue your responsibilities to set the direction of your district to achieve the highest student performance while providing rigorous accountability for student achievement results. As stated by CABE, the role and function of board members often are misinterpreted by the public. The school board is a policymaking body, and members are the chief advisors to the superintendent on community attitudes. Board members do not manage the day-to-day operations of a school district. They see to it that the district is managed well by professional administrators. Individually, board members have no more authority than other members of the public. Developing a budget and presenting it to the community, while aligning district resources to improve achievement has been strained this year. Thank you for fully advocating for high quality public education for all children locally and in the State of Connecticut.

June is an amazing time of year for districts as celebrations of student achievement are supported in a wide variety of forms - concerts, class trips, award ceremonies, promotional exercises, and graduation from the school system. It’s a time to pause and celebrate our talented students and sa-

Meeting of Interest

June

lute the Superintendent and staff who implement the policy, curriculum, and allocated budget approved by the board. We understand that local taxing authorities have final say on the number, but not the usage of the funds.

Many uncertainties face boards of education as the academic year winds down and we prepare for a new one beginning July 1. The work of a board of education is year around. This year is special as the burden of expiration of federal Elementary and Secondary School Emergency Relief (ESSER) funds will make our summer interesting. During this period, we should be planning evaluation of our respective superintendent, reviewing any year end fiscal and academic data before concluding with a board self-evaluation. This will provide a clear and objective review of the current academic year, as well as discussion of the road map for the next academic year.

The Center on Budget and Policy Priorities clearly articulated February 2024 that the expiration of Federal ESSER fund would pose challenges for states and that’s quite true in Connecticut. We all agree ESSER provided a historic infusion of education funding. I will continue to strongly advocate that the funding should have been in place from the beginning. The funds were used to meet student needs, hire staff, and provided much need wage increases. Board of Education budgets have felt the pinch of local taxing authorities and inadequate state funding formulas while costs rise, and revenue outlooks are in question. It’s too soon for data to show the impact of ESSER funding, but research is clear that increased spending produce results. High quality interventions and sustained funding helps all students especially those students with needs. Many Connecticut districts are feeling the pinch. One could suggest it was temporary funding. One could counter the promise should have been kept from the beginning and fully fund the public education system. I look

forward to revisiting this point once all data is released.

July to September is the sweet spot for the Board to conduct board self-evaluation and goalsetting, leadership team goals and priorities setting, and establishing agreed professional goals and objectives with your superintendent. The board evaluation should include ratings on vision, community leadership, board operations, board ethics, and Superintendent relations. This is an opportunity to objectively rate yourself. To add an additional component, encourage administrators to discretely rate you, as a board, with no impact on final ratings. It provides another data point on how well the district understands the data.

The summer is also a good moment to review all policies and curriculum that may require board approval based on legislative actions and/or codifying activities already happening but contradicts what is documented.

On behalf of the Board of Directors, thank you to all our superintendents, teachers, staff, educational partners, local taxing authorities, and the Connecticut General Assembly. Everyone has a role to play in helping boards of education work within our communities. The work is not easy for any of us. We need to work together because board members are the primary entity held accountable for school systems, without control of final appropriations, by the local electorate thus our intense advocacy and desire to be collaborative.

Finally, I want to thank all board of education members for your service to your community and the State of Connecticut. Your efforts are valued and truly appreciated. We are over 1,400 members strong with diverse backgrounds, experiences, and expectations. One thing we all agree on – we want what is best for our children and their families. Enjoy the journey of service to others. It’s rewarding this time of year.

Board of Directors

EXECUTIVE COMMITTEE

Leonard Lockhart | President, Windsor

Meg Scata | First Vice President, Portland

Lon Seidman | Vice President for Government Relations, Essex

Eileen Baker | Vice President for Professional Development, Old Saybrook

Anthony Perugini | Secretary/Treasurer, Cheshire

Elizabeth Brown | Immediate Past President, Waterbury

Lydia Tedone | NSBA Director, Simsbury

Ethel Grant | Member at Large, Naugatuck

AREA DIRECTORS

Marion Manzo | Area 1 Co-Director, Region 15

Thomas van Stone | Area 1 Co-Director, Waterbury

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

Livernois | Area 4 Co-Director, Woodstock

Putnam

Westport

Darien

Seymour

7 Co-Director, Derby

7 Co-Director, Seymour

Region 13

Co-Director, Madison

Westbrook

Burgess | Area 9 Director, Montville

ASSOCIATES

Dennis | Associate, Berlin

Barr Shelburn | Associate, East Lyme

Mitchell | Associate, Montville

Grant | Associate, Naugatuck

Plainville

COMMITTEE CHAIRS

Leonard Lockhart President, CABE

CABE

Affiliate Members

BUSINESS AFFILIATES

VALEDICTORIAN

Connecticut Business Systems –A Xerox Company

Finalsite

SALUTATORIAN

Berchem Moses PC

Pullman & Comley

Shipman & Goodwin

HONOR ROLL

JCJ Architecture

Kainen, Escalera & McHale, P.C.

Newman/DLR Group

Solect Energy

SCHOLAR

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

EXECUTIVE DIRECTOR COMMENTARY

Celebrate Success!

Patrice McCarthy Executive Director & General Counsel, CABE

The month of June brings the end of the school year, graduations, and –hopefully - the conclusion of the local budget process. The speech at my daughter’s graduation from Vanderbilt University reminded me of the challenge students, staff and board members have faced during these past four years. Navigating education during a global pandemic required perseverance and resilience by everyone. Students tried to learn in a remote environment, educators adapted their teaching methods, and parents and guardians balanced their own work with the needs of their children. Superintendents and board members dealt with connectivity challenges, providing school meals for pick-up, acquiring devices needed for remote learning and enhancing indoor air quality.

Many board members and superintendents were in their current roles throughout the pandemic, and all are still dealing with the ongoing impact on student success. We know the pandemic exacerbated the attendance challenges for some students. The interruption of the routine of school attendance, competing needs within the family, and a disconnection from learning and social supports have made it difficult for some students to reengage in school. School boards have seen the need to continue the academic as well as the social and emotional supports they have put in place. As federal funding for these supports ends, the pressure on local and state resources increases.

The opportunity for all students to be prepared for college or career when they graduate from high school remains our commitment. We have

learned that patience is more than a virtue. Extending patience and grace to ourselves and others allows time for growth and understanding in academics and relationships. This applies in school board meetings, as well as the classroom. Listening to the public and board colleagues with a goal to understand different perspectives will result in decisions that best support our students and provide them with infinite possibilities.

I hope board members and superintendents have the opportunity to celebrate their success as leaders as well as the accomplishments of their students so they can continue to demonstrate the resilience these challenging roles demand.

IT TAKES THREE TO THRIVE: Board, Superintendent and DEI Practitioner

Dr. Martha C. Brackeen-Harris DEI Consultant

Upon reviewing my career as an educator who has had multiple roles and has seen substantial changes in pedagogy, curriculum, technology, assessing student achievement, and the way we respond to the complexities of our country and the global community, I am intrigued when I look at where we are in education today and where we were in the early 70s when I entered the world of teaching. I was excited to be a teacher because I wanted to create a space where the issues I faced going to school in the 1950s and 1960s as an African American female child in Pennsylvania, would be non-existent in my classroom. I wanted to make a difference but hadn’t thought about how I would accomplish my goal.

My answer came at the beginning of my fifth year of teaching. I had the opportunity to become the

Multicultural Director at a Connecticut independent school during the late 70s. The position was created in response to the civil rights movement. Some schools and other institutions saw the value in creating places where people could learn, live, and work with those who brought diverse experiences into their lives. This school intentionally recruited black and brown female students to build such a community. Knowing that they shouldn’t expect one person to develop and run an uncharted program, the Head of School (the comparable role of a public school superintendent), with support from the Chair of the Board of Trustees, and I worked together to develop a program that was successful and still exists today.

As we deal with the political and social changes of the last few years, I find myself amid school change that feels like what I experienced in the 70s. Schools across the nation are consid-

ering ways to respond to the needs of our changing communities. Many districts have committed to fund a new or existing position dedicated to fostering a learning community where each child, family, teacher, administrator, and employee is respected, has equitable treatment, and a feeling of belonging. The goal is that everyone will thrive, and each district will fulfill the goals set in its mission statements. This position, is traditionally named the Diversity, Equity, and Inclusion (DEI) Director, although the current trend is to choose a title with terminology that feels more in line with their district’s goals. Job descriptions vary but are based on the tenets of Diversity, Equity, Inclusion, and Belonging.

To have a successful DEI program that is sustainable and fosters positive change, the DEI director must have support from the Board of Education and the Superintendent’s Office.

See You in Court – The Nutmeg Board of Education

Nellie Newbie Goes “Rogue”

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.

Since her election to the Nutmeg Board of Education last November, Nellie Newbie has taken her responsibilities as a Board member seriously, too much so. After being reined in shortly after her election, Nellie is at it again. Now, Nellie has decided to visit each of the schools in Nutmeg on her own, and the word “visit” hardly describes what she is doing. Last week, Nellie showed up unannounced at Acorn Elementary School. She first asked the principal for a tour, and then she demanded to sit in on some classes. The principal did not know what to do or say, and he just acquiesced to Nellie’s request, and she sat in on classes taught by four teachers. To top it off, Nellie then gave the principal the notes of her observations, in which she described the strengths and weaknesses of each teacher.

When Mr. Superintendent heard about Nellie’s visit, he called Ms. Board Chair to ask what he could do about Nellie’s actions. They both agreed that it was not appropriate for Nellie to observe classes in that manner, and Ms. Board Chair followed up with a telephone call to tell Nellie that her visits were against protocol. Nellie was unmoved.

“You’re not my mother,” Nellie curtly responded. “There is no law that says I cannot visit the schools, and I will continue to visit them.”

True to her word, Nellie showed up unannounced at Median Middle School the next day, and again she asked for a tour and then to observe some classes. The principal didn’t want to pick a fight with a Board member, particularly one with so much energy, and she gave Nellie a tour and let her observe classes taught by three of the best teachers in the school. Again, Nellie took careful notes and shared her evaluation of the lessons she observed with the principal.

Ms. Board Chair was incensed when she heard about Nellie’s latest

school “visit.” But when she called Nellie to chastise her, Nellie was unrepentant, which only further antagonized Ms. Board Chair. After conferring with Mr. Superintendent, Ms. Board Chair included a new item on the agenda for the Board meeting this week: “Censure of Nellie Newbie.”

Meanwhile, Bruno, President of Nutmeg Union of Teachers, had heard about Nellie’s impromptu evaluations of teachers, and he called Mr. Superintendent to complain. Mr. Superintendent had thrown up his hands over Nellie’s actions, and he told Bruno that Nellie had gone rogue and that there was nothing he could do. But Bruno was more than ready to do something, and on behalf of NUTS, he filed an unfair labor practice charge, claiming that Nellie’s classroom observations and related evaluations of teachers constituted a unilateral change in working conditions, an unfair labor practice.

Mr. Superintendent sent Nellie a copy of the unfair labor practice charge, and he asked her to cease and desist. Nellie responded, however, that the schools are public buildings and that she, as a resident and Board of Education member, has every right to visit the schools and to offer her opinion on what she sees.

The meeting of the Nutmeg Board of Education is scheduled for tomorrow. Are there any special procedures that will apply when the Board members consider the censure of Nellie? Is there any merit to the claim by NUTS that Nellie’s actions are an unfair labor practice?

We can start with the claim by NUTS that Nellie’s classroom observations are a change in working conditions. At the outset, we note that the development of a school district teacher evaluation and support plan is excluded from the scope of mandatory negotiations by virtue of Conn. Gen. Stat. § 10-153d(b). Indeed, this year school boards are required to adopt new teacher evaluation and support plans by July 1 pursuant to the changes made last year in the related laws. To start, boards must consider whether to approve the new plan as proposed by the local PDEC (Professional Development and Evaluation Committee) established pursuant to Conn. Gen. Stat. § 10-220a(b). If the board does not approve the plan proposed by

PDEC, it and the PDEC must decide whether to approve the model teacher evaluation plan recently promulgated by the Connecticut State Department of Education. If either the board of education or the PDEC do not approve the model plan in such case, however, the board is free to adopt a plan on its own provided that the plan conforms to the guidelines for teacher evaluation established by the State Board of Education. Conn. Gen. Stat. § 10-151b(b) (2).

Here, Nellie’s sitting in classes and purporting to evaluate teachers is inappropriate for a number of reasons. She is not qualified to evaluate teachers, and as contrasted with the confidential “records of teacher performance and evaluation” created pursuant to a teacher evaluation and support plan, Nellie is creating non-exempt public records in her reports to the principal. Moreover, NUTS has a valid claim here because it would be a unilateral change in working conditions for teachers to observed and evaluated by board members.

Not surprisingly, there are no reported cases involving board member evaluation of teachers. But the Connecticut State Board of Labor Relations (CSBLR) has ruled on several occasions that surveillance of employees in the workplace (such as installation of surveillance cameras) is a mandatory subject of negotiations, which if done unilaterally without prior negotiations is an unfair labor practice. Nellie’s actions here are similar.

Mr. Superintendent and district principals must understand the basic principle that Nellie, acting alone, has no greater rights as a Board member than any other member of the public. Undeniably, it is hard to challenge a board member, but the principals here erred when they permitted Nellie to observe classes without Board or Superintendent approval.

Finally, we note that the Nutmeg Board of Education will be considering “Censure of Nellie Newbie” at its meeting this week. Boards must weigh

See SEE YOU IN COURT page 6

CABE: Working for YOU

Individualized Workshops | Professional Development Opportunities

Legal Services | Policy Services | Representing You Statewide and Nationally

Below are the highlights of activities that the CABE staff has undertaken on your behalf over the last month. We did this:

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

z Responded to 34 requests for policy information from 24 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 Use of Cell Phones, Fingerprinting, and Ages of Attendance/Admission.

z Provided support to board members and central office administrators regarding policy matters.

z Discussed Superintendent Evaluation with the Bridgeport Board of Education.

By helping school boards to increase student achievement:

z Facilitated a workshop on the board’s role in improving student achievement.

By ensuring members receive the most up-to-date communications:

z Provided two issues of “Policy Highlights” via e-mail 1) Update to Title

IX Regulations and 2) Dress Code Guidance.

By attending Professional Development to strengthen staff knowledge and skills:

z Attended webinar on Race and Education.

z Attended Shipman & Goodwin Education Seminar.

z Attended National School Public Relations Association (NSRPA) webinar.

By promoting public education:

z Drafted OpEd on education funding for Hearst papers.

By providing services to meet member needs:

z Staffed Diversity, Equity, and Inclusion Committee meeting.

z Staff Board Chair Check-In.

z Provided a CABE Policy Matters Roundtable for Board of Education Policy Chairs webinar to review the most recent Policy Update and Highlights and have a discussion on hot policy topics and policy-related best practices.

z Revised policies, as part of the Custom Update Policy Service, for the Gilbert School

z Prepared materials, as part of the Custom Policy Service, for Region 15, Seymour, and Stratford

z Currently assisting Newtown Board of Education with their superintendent search. Completed superintendent searches for the Montville and Region 1 Boards of Education.

z Facilitated Board Self-Evaluation for the Brookfield Board of Education.

z Facilitated discussion for the Killingly Board of Education.

z Planned and implemented Spring Meeting of Superintendents’ Administrative Professionals.

z Responded to a variety of legal inquiries from members.

By helping districts operate efficiently and conserve resources:

z Posted policies online, as part of the C.O.P.S. Program for Avon, Bethel, Bristol, Chaplin, Cheshire, Danbury, Granby, Preston, Region 4, Region 18, Voluntown, and Wolcott

By representing Connecticut school boards on the state or national level:

z Discussed education issues in the 2024 General Assembly on WTICAM.

z Provided legislative update for

SEE YOU IN COURT

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the pros and cons of such actions because they bring public attention to board dysfunction, and a censure can only express board disapproval of the actions of a board member; removal from office is not an option. However, sometimes such action is necessary, and this may be one such situation.

In considering this matter, the Board must be aware that Robert’s Rules distinguishes between two situations. If board member misconduct occurs at a meeting, the board can take disciplinary action without further inquiry because the board members witnessed what happened.

When alleged misconduct occurs outside of a meeting, however, different procedures are required, starting with a determination whether the alleged misconduct occurred. In such

CREC Council

z Participated in CT Education Partners meetings.

z Attended CT State Board of Education meeting.

z Participated in NSBA monthly update call.

z Participated in Special Education Task Force meeting.

z Attended Discovering Amistad Ship Committee, Education Committee, and Board of Directors meetings.

z Chaired meeting of the Digital Learning Advisory Council for the Connecticut Commission for Educational Technology

z Attended the Connecticut Education Network Annual Conference.

z Facilitated two meetings of Northeast School Board Association communicators.

z Participated in two New England School Public Relations Association (NESPRA) Board meetings.

z Participated in NESPRA conference planning meeting.

z Participated in CASBO’s Vendor Day.

z Attended NESPRA Annual Conference.

cases, Robert’s Rules, §§ 61, 63, contemplates that the body (here a board of education) would appoint a committee to investigate the alleged misconduct and report back to the body on the facts it found, with a referral for disciplinary action if it determines that the alleged misconduct occurred. Here, Nellie may admit to her conduct, making further investigation unnecessary. If not, a committee will have to investigate and report back. In either event, after giving Nellie an opportunity to respond to the charges, the Board may consider whether to vote to censure Nellie for her conduct.

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

Dalio Report Follow-Up

Patrice McCarthy Executive Director & General Counsel, CABE

Following up on the report on disengaged youth in Connecticut, the Dalio Education Foundation commissioned a scan of programs, practices and policies across the country that help or hinder young people in reconnecting to school and work. The focus was specifically on young people who are disconnected and reluctant to actively seek support, as well as youth reconnecting to school and work following incarceration. Not surprisingly, the report finds the need to invest in and grow the capacity for programs to serve these young people who face complex barriers to success.

This report focused on young people transitioning to adulthood between the ages of 16 and 24 and found that those who are disconnected for long periods of time and who become less connected as they get older are more likely to face barriers to success, including poverty, limited education and involvement with the criminal legal system. Community based programs are important sources of support to reconnect

these young people with school and work. The report found that those who are reluctant to seek help due to past negative experiences in their lives, difficulty navigating systems or program requirements often fall through the cracks.

Participant engagement was most evidenced where there were strong and meaningful relationships between young people and staff members. This was critical to recruiting young people and sustaining their engagement. Strategies to create a program culture to facilitate these relationships include hiring staff members who have experience in working with young people and understand their needs due to shared demographic background or shared experiences, offering training and development opportunities to equip staff members to deliver services and helping participants build relationships with multiple staff members to reduce the disengagement due to staff turnover.

The analysis suggests that programs need to offer flexibility to allow young people to disengage and reengage as they navigate their life circumstances and to have staff

dedicated to reengagement efforts. Those programs need to build relationships and partnerships with other community based organizations, employers, and public and private institutions in order to meet the different needs of the young people they are serving. Notably the report indicates that their interviews with experts and literature review did not focus on programs, policies or practices that keep young people connected to schools and prevent them from dropping out.

As in Connecticut, the report found that a growing number of states restrict the use of punitive discipline and encourage the use of strategies that address the root causes of student behavior challenges and disconnection, including schoolwide positive behavior interventions and supports, restorative practices that focus on relationship building and conflict resolution, and traumainformed practices.

The report concludes that there is a need for implementation research to document how and under what conditions services are implemented and to access the impact of the

programs. It is currently not clear which program strategies and combinations of services produce consistent and long term effects for young people of different ages, needs and challenges.

https://www.dalioeducation.org/ national-landscape-scan/

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must make recommendations on 1. appropriate administering agency or agencies; 2. scope of services, including those to marginalized communities and culturally informed services; 3. role that existing counseling services and school-based health centers should have in service delivery; 4. service delivery, including necessary resources, in parts of the state where services are currently insufficient or non-existent; 5. long-term funding sources; and 6. additional considerations the task force identifies. The task force must submit a report on its findings and recommendations to the Children and Public Health Committees by July 1, 2025.

POLICY IN PRACTICE

Framing the Smartphone Policy Deliberations

Jody Goeler Sr. Staff Associate for Policy Service, CABE

In May’s CABE Journal article highlighting legislative action in various states banning or limiting cellphone use in schools, I referenced Jonathan Haidt’s contribution to the debate as it has gained significant attention. The Anxious Generation: How the Great Rewiring of Childhood is Causing an Epidemic of Mental Illness is a work with a provocative title and perhaps a more compelling argument for banning cell phones, at least at the elementary level.

As a parent of two adolescents, Haidt recommends to other parents what he considers his most important suggestions:

• Give children far more time playing with other children. He suggests play should ideally be outdoors, in mixed age groups, with little or no adult supervision (which he notes is the way he grew up, at least until the 1980s);

• Look for more ways to embed children in stable real-world communities. He notes that online networks are not nearly as binding or satisfying;

• Don’t give a smartphone as the first phone. Instead, he suggests giving smart devices that are specialized for communication, not for internet-based apps;

• Don’t give a smartphone until high school. Here, he concedes this is easy to do if many of your child’s friends’ parents are doing the same thing – a “collective action” response;

• Delay the opening of accounts on nearly all social media platforms until the beginning of high school (at least). Again, he concedes this will become easier to do if we support legislators who are trying to raise the age of “internet adulthood” from today’s 13 (with no verification system in place) to 16 (with mandatory age verification).

Perhaps many, distressed by the sight of young people hunched over their phones, unaware of others and their surroundings, embrace these

suggestions. However, they require collective action from parents, legislators, and, dare I say, the companies themselves — to place limits on their children, change family norms and conditions, change algorithms, and eliminate the addictive nature of the apps themselves.

With so much being discussed about smartphone use among young people, taking a policy stance on the

that these devices, and in particular social media, is behaving largely as an addictive element?” (www.govtech. com/education/k-12/pennsylvaniabill-would-lock-up-cellphones-duringschool, May 8, 2024).

Mental Health

To what extent do social media and smartphone use contribute to mental health issues? As one student

“…the question for boards of education isn’t whether or not students should have access to technology in school; it’s what such access looks like.”

subject is a significant challenge for boards of education. One can certainly appreciate Mr. Haidt’s contributions to the topic as they add compelling testimony for boards to consider in their policy deliberations. Having reviewed a vast array of literature on this topic, the following considerations are provided to help boards frame deliberations on cellphone policy:

Addiction

Do we address cell phones and/ or the apps they house as a matter of addiction? Are young people unable to manage responsible use? Can we teach students how to use social media effectively and safely? Can we expect children to have the discipline to disconnect from social media and their phones (when most adults appear unable)? How do we consider the U.S. Surgeon General Vivek Murthy’s call for restrictions on the use of smartphones during school hours, noting, “We fundamentally have to understand

puts it, “Students are part of the hustle culture, where rest isn’t prioritized and taking on more pressure is normalized. (Olina Banerji, Education Week, “Social Media Bans Alone Won’t Improve Mental Health, Say Student Advocates,” May 3, 2024) To what extent can smartphones have a positive impact on student mental health and well-being – finding friends and establishing safe spaces that allow students who are marginalized to connect with young people like them? Can social media provide space where students can have open and safe conversations about their mental health?

Educational Opportunities

How can schools teach students to develop the discipline to restrict their social media use when required to do so in school or at work? How can schools teach students to differentiate between propaganda and legitimate news stories and sources on the internet? What opportunities exist

for schools to teach and promote safe, responsible, and intentional use of smartphone technology to develop the necessary skills and attitudes for digital citizenship?

School Culture and Climate

To what extent does social media access during school hours adversely impact school climate? Through analysis of discipline data, does social media access during the school day escalate disruptive behavior and violent conflict?

As boards consider these competing areas of interest, it’s difficult to dismiss arguments made in The Anxious Generation, as well as the office of the Surgeon General’s advisory stressing, “It can’t be sure that spending hours a day on cellphones is safe for young people’s mental health.” (govtech, May 8, 2024)

On the other hand, central to the board’s mission is to ensure better learning outcomes for all students, thus preparing all students for a lifetime of continued learning, civic engagement, and opportunity. Similar language can be found in various district Portraits of a Graduate and other aspirational documents.

Therefore, the question for boards of education isn’t whether or not students should have access to technology in school; it’s what such access looks like. if students are banned from using smartphone technology responsibly in school, what tools or knowledge are they applying to their smartphone use after school hours?

What makes the cellphone debate interesting and challenging from a policy perspective is it causes boards to deliberate on fundamental concerns related to the role of the district in educating students on the responsible use of technology, its obligation to ensure student safety, provide a positive school climate, and support student physical and mental health and general well-being. Including students, professional staff, and parents in the deliberations and reviewing the vast array of articles, books, and research on this topic will help guide boards in developing a responsible use policy that focuses on learning opportunities and provides space for embedding the rapid technological changes before us.

STATE BOARD

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Academy located in New Haven was granted party status in the case. The Waterbury and New Haven Boards of Education opposed the requested Declaratory Ruling. The Boards of Education argued that the reimbursements for education and related services sought by the Charter Schools were unreasonable and were not legally required. The State Board of Education found that the statutory requirement in Section 10-66ee(d)(7) is that payment be calculated using the actual costs incurred by the Charter Schools in providing the special education services required in the IEP. They ruled that in order to obtain the reimbursements, charter schools are required to “document in clear and unambiguous detail the actual cost as it occurred for the provision of such services on an individual student basis.”

The State Board also ruled that reimbursable costs may include time expended on administrative and planning activities, in addition to time spent on direct institution. The Board outlined a process for a district to challenge documentation that the district believes to be inaccurate.

The Board also received the Condition of Education in Connecticut 2022-23 the Report. The report indicates:

• Student enrollment is steady at approximately 513,000. Enrollment is increasingly diverse, with 52.5 percent students of color and with greater educational needs (17.1 percent students with disabilities and 9.7 percent students who are English Learners/multilingual learners)

• The racial and ethnic composition of the educator work force is also increasing diverse, with 11.2 percent educators of color

• The chronic absenteeism rate dropped from 23.7 percent in 2021-22 to 20 percent in 202223, but chronic absenteeism rates remain significantly higher than at pre-pandemic levels

• Academic achievement improved in math and science while improvements in English language arts were mixed and proficiency rates trailed prepandemic levels.

• Over the past decade the

four-year cohort high school graduation rates for students who are Black/African American, Hispanic/Latino, students with disabilities, eligible for free meals and English Learners has increased at a rate that is greater than that of the state average. The overall graduation rates dropped slightly to 88.9 percent and the

percentage of grade 9 students on track to graduate has declined for the third year in a row.

• More 11 and 12 grade students are taking college and career readiness courses than ever before than (90.4 percent) and 44.3 percent of 11 and 12 grade students meet benchmark on college and career readiness exams.

People in the News

n United Way of Naugatuck and Beacon Falls presented Naugatuck Board of Education member Ethel Grant and her husband, Bernie Grant with the Van Allen Medal for their extraordinary community service. Congratulations, Ethel and Bernie!

n NSBA President Don Hubler made the following appointments:

u Leonard Lockhart (Windsor)to the Constitution and Bylaws, NSBA Evaluation, and NSBA Finance Committees.

u Lydia Tedone (Simsbury) to the Awards, and Beliefs and Resolutions Committees. Congratulations Leonard and Lydia! Thank you for representing Connecticut!

Five Rules for a Great Board Meeting

Steve Horton Director of Board Services, The Journal Magazine, Indiana School Boards Association, Spring 2024

Meetings! Go ahead . . . insert your sigh here. One could ask the question, is there such a thing as a great meeting? The answer to that question depends on your personal perspective. There is one constant truth about all board of education meetings that all board members should take seriously. They are where a large portion of public opinion of the district is formed, and therefore, deserve our attention.

While parliamentary procedures are important to the efficiency and professional conduct of the meeting and should be a common point of knowledge for each board member, that is not the focus of this discussion. Here are 5 rules to consider for creating a great meeting that has purpose and provides the opportunity for connecting the governance of your district with its community.

RULE #1:

Be a Great Board Member

The basic rules of boardmanship

need to apply to all members of the board. This should not be an optional requirement. The general issue with the notion of boardmanship is that it gets in the way of personal agendas, and for too many board members, that simply will not do. Effective boardmanship allows each member of the team to have a voice and integral part in the decision-making process. Without a commitment to boardmanship on the part of each member, true group consensus and trust are not possible.

OK? What are the rules? Well… given that there are entire books written on the subject, I will stick to a high-level view.

First and foremost is the realization that you are a single member of a governing body. As such, you have no official authority outside board session. So does that mean you can never talk about school business outside of board meetings? No! Conversations with other board members, administrators, teachers, parents, and others from around the district can and do happen frequently, but remember, they are just conversations. No debate, decision-making or votes happen during

those conversations. They are where you learn, gather information, and help prepare you to make an informed vote when the real business of the meeting is conducted.

Second, as an individual member of a governing board, it is never appropriate to act or speak on behalf of the board without the board’s permission. The proverbial “limb” is a tough place to be, so don’t purposefully put yourself out there. Also, ethics and trust are invaluable assets. Nothing can damage those more completely than divulging information shared in confidence. If it is shared behind closed doors, keep it behind closed doors. Inappropriately divulging confidential information to others does not benefit you, your fellow board members, or your organization.

RULE #2:

Not Too Short and Not Too Long

One of the stigmas about meetings is that often they are perceived as being unnecessarily long. While it is a good idea to get in, get out and handle the necessary business efficiently, consider the notion that people’s time is valuable. This applies not just to

long meetings, but also to very short meetings. For many sessions it is easy to introduce the agenda items, call the vote and be done in 15 to 20 minutes. However, the meetings are held in public for a reason. That is to allow people within the district to be informed about the decisions the board is making.

A community member once cornered me and informed me that she watched one of our meeting sessions on TV. I thought that was great. To my surprise, she did not agree with me. She told me that she “learned that we all knew our names and how to say yes.” Remember, those agenda items that are just normal business to you, are not common knowledge to people outside of the schools. Take time to educate the community and let them hear your questions and the answers. Even if it is not what they want to hear, it will help to bring them closer to the board’s work.

There is not much to be said about unusually long meetings. They happen, but they should be the exception. I once heard a board member say

Increasing Educator Diversity Policy Oversight Council Meeting

Patrice McCarthy Executive Director & General Counsel, CABE

At the recent meeting of the Increasing Educator Diversity Policy Oversight Council, formally the Minority Teacher Recruitment Policy Oversight Council, we received an update on numerous state diversity initiatives.

• Effective March 1, Connecticut recognized 10 additional states for certification reciprocity to streamline the application process for candidates. Additional states include Alabama, Georgia, Illinois, Indiana, Michigan, North Carolina,

REFLECTIONS

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so please ask them what they think. What is important to them ? What do they value as students ? This means being open minded. Coming from a diverse district we have to consider the feelings of everyone when a new policy is made. Student voice has impacted my career as a student so much. It has made me more empathetic and makes me realize how different school districts are.

Since last summer I have spoken at numerous CABE events and each time I am amazed at how unique we are, but in the same way alike. It made me realize we are all striving for the same goal, to be better for our students. As administrators and leaders in your community you have the power to make great changes. That also means sometimes you have to change, whether that be your mindset or how your district runs altogether. Change can be scary but as students, teachers, and administrators we need to be open to new opportunities. This can be in technology, learning practices, or even AI and how we use it in our classrooms. By making changes you can adjust to the new generation of students who value technology and all its capabilities.

Something I am also passionate about is school climate and culture. I believe the values of the students should be reflected in the schools themselves. In my community we have numerous events to support different cultures and holidays. This helps make our students feel included. Whenever I speak at a CABE conference I try to bring up topics like inclusivity and

Ohio, South Carolina, Tennessee and Wisconsin.

• 29 applicants were received for the Spring, 2024 Aspiring Educators Diversity Scholarship. The scholarship consists of up to $10,000 annually for students enrolled in an approved undergraduate or graduate educator preparation program in Connecticut. The scholarship is available for diverse students who graduated from a public high school in a priority school district. There are legislative initiatives to expand eligibility to students who graduate from Alliance districts.

diversity. It helps open up people’s minds to ideas they may have not been thinking of before. This makes students feel welcomed at school because they are being acknowledged and celebrated in their community. It also teaches students, teachers, and staff alike how to respect and celebrate different cultures.

A skill I have learned through speaking to different educators and students is how to advocate for myself and on behalf of others. Things will never change unless someone raises the question. I have raised questions before and have seen the positive changes it can make. This is such an important skill to have that school should better promote. Through public speaking classes, English classes, and having students speak out loud more. Other ways can be through presenting, speaking, or even reading aloud. This helps students become more confident in themselves and their learning abilities. Now more than

• Connecticut Educators Rising Program now includes 22 school districts with more than 500 students participating. The program creates a pathway for high school students interested in the teaching profession. There are mini grants available for school districts for up to $10,000 for each school to start a new program and up to $5,000 to expand an existing program in a middle or high school.

• The Connecticut Registered Teacher Apprenticeship Program sponsored by the Connecticut Department of Education and approved by

ever it is important for students of all ages to learn just how important it is to advocate. I feel that many of the opportunities I received were because I advocated for myself. This has helped me get jobs, internships, and more. By sticking my foot in the door I know I can accomplish great things. I feel that my public education experience has given me a glimpse into what real life is. By having a group of students from one area it creates communities amongst people. That is something that magnet schools can’t recreate. By having a community, instead of just a school, you are building a family of young and educated people. Now more than ever do students need support and community, especially after the pandemic. We want our students to be prepared for whatever life throws them. I am grateful to have had a public education. Being a product of the New Britain school district it has given me the opportunity to experience

the Connecticut Department of Labor is a pilot in two school districts. Waterbury has partnered with Central Connecticut State University for students working toward a bachelor’s degree, and New Britain is using the teacher residency model and partnership with CREC for post-bachelor’s degree candidates. There are resources available from the Connecticut Department of Education for funding, mentor stipends and other student-teacher costs, and teacher apprentices are able to access federal apprenticeship dollars to support childcare and transportation.

what my future career would be like, given me positive mentors, and has helped me overcome adversity. I feel that people sometimes underestimate the strength that public schools have. I, along with many others, prove that statement is false. I am graduating this June and I know I already have so many supporters. Not only does that make me confident in my pursuit of future education, but it is why New Britain will always be my home. Do the best for your students always. I know it is hard doing what you all do, but your decisions matter. It impacts the lives of students in your community and their families. By being inclusive, diverse, and advocating for them I know you can make a positive impact in your community.

Give your students those chances and watch them grow into our future leaders. New Britain gave me the skills to succeed and I know I can do great things. It is up to you all to do the same for your students.

FIVE RULES

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that his board could not accomplish anything in less than two hours. At the time I thought, if that is the case, you need to fix it. Figure out how to conduct your business in a more efficient way. Reign in those who like to soliloquy a bit too much. Set the expectation that every member should have spent time with their meeting packet before the meeting begins. An hour and a half to two hours is a reasonable length for a productive meeting. If more time is needed, perhaps a work session is a good idea. In the end, everyone’s time is valuable.

RULE #3:

Love Your Fellow Board Members

Are you kidding me? Well…. no, not really. I am not suggesting you all gather around the campfire and sing Kum Ba Yah, but I am talking about mutual respect. There are plenty of boards with members who will not communicate with each other during a meeting, let alone outside of the meeting. If you think the district employees and members of the community are not acutely aware of relationship issues – guess again.

Especially during a meeting, be aware of the fine line between debate and arguing or fighting. This is a tough one but be willing to listen and seek middle ground. Politically we don’t want to hear it, but there is always truth in an opposing position. Also during the meeting, little things count. Interruption, eye rolling, negative body language, side conversations, note passing, and texting someone on your phone are all forms of disrespect. Those little things that won’t be noticed actually are noticed as if they have a spotlight on them.

I know what you are thinking. How can I control what others do? In reality, you can’t, but you should feel the responsibility to set an example and be willing to constructively communicate your expectations with your fellow board members. I realize this is a tough pill, but also be willing to receive that in return. It won’t solve every issue, but it is an important step in the right direction.

RULE #4:

Respect the Community

Inviting the public to appear and address the board can be scary and perhaps intimidating, but remember, you were elected by these people to represent them. Thanks to IC 5-141.5-3, school boards are bound by law to allow members of the community

physically present at the meeting time to speak. The public must be allowed to speak prior to final action. It is incumbent on the members of the board to hear and consider public input. Nothing separates a community from its schools like shutting them out of the meetings.

If you consider that it is well known that the number one fear of adults is public speaking (death is number seven on that list), than perhaps a person from the public, who has summoned the courage to address the board, deserves the board’s full attention and respect, especially when you do not agree with that person’s perspective. As difficult as it may be, certainly do not allow that time to degenerate into a debate or worse yet, an argument. The rules of respect that apply to engaging with other board members apply double for members of the public. I especially like the advice from Shelbyville Central’s board member, David Finkel. Be jovial and welcome the public with a smile and open arms.

RULE #5:

“No Man Is an Island”

I love the John Donne verse, “no man is an island entire of itself; every man is a piece of the continent”. So it goes for school board members. That’s right . . . I am talking about the dreaded “C” word. Consensus is the board’s job. Give thought to this quote from O. Garfield Jones’ book, Parliamentary Procedure at a Glance:

For a group to be of maximum effectiveness it must have complete leadership and also a high degree of competence among its members. Among other things this implies that the members know how to deliberate and to crystallize these deliberations into group action.

If the board is going to be truly effective in its work, it must obtain a consensus. This does not mean that you must be the “rubber stamp” for the superintendent, nor does it mean that you cannot express yourself when your opinion is dissenting from the rest of the group. No, in fact far from it, but if the board cannot come together and accept and support a final decision, then the result is always dysfunctional and overall very damaging for the district.

This topic also relates to the overall conduct of each of the board’s members individually and collectively. I ran across a YouTube video of Boston Red Sox’s player David Ortiz completely obliterating a dugout telephone with his bat. On my first viewing, I got a chuckle out of the extremely

overt temper tantrum. Then I thought about the impression that would leave on anyone who did not know Ortiz. I thought about the fact that he was the face of the Boston Red Sox and their team leader. If that is your only knowledge of him, or the Red Sox baseball team, then you will certainly never appreciate the longstanding historic legacy of the organization. That is a shame, but this is unfortunately what individual board members do in their districts on a regular basis.

I will leave you to ponder two strong success stories both from 2013 when I began my work with school boards. In the November/December 2013 issue of the American School Board Journal, Del Stover ran a story about the success of the Charlotte, NC schools. Like so many other districts, increasing poverty and dwindling operating funds were eating at its fabric. At the heart of the story were the considerable efforts of the board and newly hired Superintendent Heath Morrison to restore community trust in the schools. Morrison had this to say about the role of board governance. “In this challenging environment to improve public education, at a time when resources are going the wrong way and expectations are getting higher, the ability of the governance team to work together is critical.”

Board Vice Chair Timothy Morgan added, “A lot of trust had been lost, but we’ve worked really hard in

our interactions at the dais and how we behave in public . . . we’ve worked hard to build community trust in this board.” The value of community trust cannot be overstated.

NPR aired a story on August 20, 2013 – What’s Behind the Turnaround at Miami Public Schools? The Miami, Dade County schools were an absolute zoo. Local people actually treated the video-taped board meetings like they were reality TV entertainment. Their new Superintendent, Alberto Carvalho, now the superintendent of Los Angeles Unified School District, has been referred to as a miracle worker for turning the situation around. He realized that a major point of emphasis had to be the dysfunctional board. Board Member Raquel Regalado had this to say about Carvalho’s work. “He quickly made peace with the school board, which was seen as inept, disreputable, and hopelessly divided. Carvalho has helped change that image.”

Perhaps the most important statement is – perception is reality. The community perception of the board and its corporation is largely formed by what they see during the meetings. As a board member, you owe it to the children, families, faculty and staff, and the surrounding community to be your very best at your meetings.

Reprinted with permission of the Indiana School Boards Association.

Did You Know?

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

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

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

• Unlimited telephone labor relations and negotiations advice

• CABE Labor Relations survey information

• Unlimited telephone consultation on policy issues

• Sample school board policies and regulations whenever you need them

• Unlimited telephone legal consultation from our experienced inhouse attorneys

• Unlimited tailored workshops on issues such as FOIA, roles and responsibilities, board self-evaluation and goal-setting

• Unlimited advice on key educational issues from knowledgeable, expert professionals who have great experience in helping boards better serve their communities

• Access to our networks of school board members across the State for their advice and recommendations on issues before you, including special email groups for board chairs, policy committee chairs and other leaders.

• Crisis communications help

Take a Leadership Role in Engaging Your Community

Nicholas D. Caruso, Jr. Sr. Staff Associate for Field Service and Coordinator of technology, CABE

I spend a lot of time working with boards of education and certain topics seem arise with some frequency. Lately, the board/superintendent’s role in communicating with the public has been a very common topic of discussion.

According to research from the Lighthouse Project, a study on the effectiveness of boards of education in promoting improved student learning, a strong community connection is one of the board’s greatest opportunities to build support for the district from its citizens. This goes way beyond just passage of school budgets, but into support for district initiatives and plans. Highly effective boards are good communicators and work with staff to ensure that they too are good communicators.

Often, much of the responsibility of district communication is delegated to the superintendent and other district administrators. The superintendent is expected to be the spokes-

person for the board and district.

Likewise the building principal is the key communicator about what is happening in his or her building. Some do this very effectively; but not always. That isn’t necessarily their fault – with all the education educators go through to attain and retain their certification, they rarely receive any professional development in communicating with the public. This is a place where the board of education can help.

First, the board should ensure a communications policy is in place. The policy should be short and simple. It should:

• Clearly state what is to be done;

• The reasons for doing it;

• The board’s commitment to these goals.

Second, the board should encourage the development of a communications plan. The task of engaging the public is too important to leave it to chance. A good communications plan is deliberate and strategic. It should identify critical populations in the

district, strategies for involving them in decision-making and encouraging them to support public schools. Target audiences should be identified, as well as key communicators. Plan on providing professional development for those communicators as appropriate. This may include the Board of Education. CABE does provide a workshop on Community Engagement for boards of education.

This session involves two, twohour workshops and helps the board recognize communication strengths and weaknesses and provides the framework for a possible communications plan. Whether or not the board wants to develop a plan, this module can be very helpful to a board looking to improve their effectiveness.

Third, the board should encourage the superintendent and his or her staff to receive professional development of their own. Community engagement is much more effective if it is part of an overall strategy, so all players need to be on the same page. Training and

planning time are critical for this to be successful.

Finally, the board must engage the community. This does not mean disseminating information, it means providing opportunity for public input. Community forums, involving outsiders in committee work or setting up a task force are a few ways to get people involved. Often boards end up reacting to community outcry after making a tough decision, instead of getting input prior to the decision. Pose the problem to community members without offering a solution until they have explored the issue together with the board. That can sometimes give people a better understanding of why the board is considering a solution that is not popular. When doing this it needs to be pointed out that feedback and community reactions are important to the process, but in the end the board will have to consider everything and make a decision based

Public Officials and Social Media: Recent Supreme Court Decisions

On March 15, the U.S. Supreme Court issued decisions in two similar cases involving public officials and their usage of social media. As a high-level summary, the Court developed a test to determine when a public official’s social media usage is private and when it is a part of the person’s public responsibilities and position.

Such a distinction is important because when public officials delete comments or block users from their accounts there may be legal implications, including violating First Amendment rights of the public.

As for the cases, one involved a

city manager and the other a set of board of education members. Slightly unfortunately, the more in-depth decision was reserved for the city manager case, Lindke v. Freed, but the Court stated that the same analysis should be applied to the case involving the board of education members, O’Connor-Ratcliff v. Garnier

In Lindke, a city manager in Michigan maintained a “mixed-use” social media account where he posted both about his private life (family pictures, etc.) and public matters (announcing department happenings and soliciting public feedback on proposed actions). The controversy began when the city manager deleted comments and even-

tually blocked a member of the public, unhappy with his job performance, from his account. That member of the public filed a lawsuit arguing that such actions violated his First Amendment rights.

The California board of education members in O’Connor-Ratcliff were sued for similar reasons, deleting comments and blocking members of the public from their accounts. One important difference is that here, the board members had separate personal and public accounts. The deleting and blocking at issue in the case occurred on their public accounts, where they labeled themselves as government officials in the bio or description portion of the accounts.

As an important note, the Court did not say whether what the public officials in the cases did with social media was proper or improper. Rather, the Court offered the framework for the lower courts to apply to the facts in each case and sent the cases back to their respective trial courts for the framework/test to be applied by those courts.

So, what did the Court say?

The Court established a framework that balances the interests of the public having access to a public official’s public proclamations and actions and a public official’s ability to have a private life on social media.

In doing so, the Court created a two-part test where a public official is using social media as a part of their public position when the person:

(1) possessed actual authority to speak on the State’s behalf, and (2) purported to exercise that authority when [the person] spoke on social media

The Court held that only then will a person’s social media activity be “attributable to the State.” It is an important distinction, as the First Amendment only protects people from government intrusion into that set of rights.

While it remains to be seen how courts, especially Connecticut courts, will actually apply the new test there are some takeaways that board of education members can begin to consider.

Board members who are active on

social media should consider having separate public and private accounts. This separation can be achieved, in part, by being clear in the bio part of a person’s account. A personal account should likely state that it is a personal account in the bio, description, or other heading.

But importantly, as the Court in Lindke instructs, how a person actually uses their account will be analyzed and not simply what is stated in a person’s bio. In other words, a public official can write, in the bio, that a profile is personal and does not reflect their official position but if he or she actually posts in an official capacity then a court is more likely to find specific posts, or perhaps an account, are not personal.

Board members should be wary of deleting comments or blocking users when their account, or even an individual post, may be considered to be conducting business that is within their role as a public official. Such deleting or blocking could invoke complaints or even a lawsuit that a member of the public’s First Amendment rights were infringed.

An interesting question to be answered in these, and future, cases, is what exactly are the types of actions or statements a board of education member could make on social media that would be considered as within their official authority? As just one example, will there be a greater possibility that board chairs will be found to be acting officially on social media as they may have greater authority to speak on behalf of the board than do other board members? Perhaps not, but it bears consideration.

In light of the recent cases, all board members and public officials should act prudently with their social media accounts. Boards should seek their attorneys’ guidance on concerns about how their accounts are used, especially any blocking of users or deleting of comments. And maybe the board’s bylaws and the district’s policies on communications and the lines of authority would be good materials to review.

Conrad Vahlsing Sr. Staff Attorney, CABE

SPRING MEETING OF SUPERINTENDENTS’ ADMINISTRATIVE PROFESSIONALS – MAY 7

THREE TO THRIVE

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Frequent communication is a must. Funding must cover all the needs to have a strong program.

Research shows that even though diversity work is challenging and exhausting, DEI practitioners recognize the importance of fighting for equity and justice in the community. Giving young people the opportunity to have their voices heard and preparing them to be global citizens is energizing, but the work is physically and emotionally exhausting.

I believe the best way to plan a successful DEI program is to have those who currently hold or who have held this position share their collective voices with board members and the superintendent about the challenges that many of them face. Below are

examples of some of those challenges:

1. Being called to do other people’s work because an issue involves a marginalized person. This includes human resource issues and settling parent and employee concerns that aren’t DEI-related.

2. Being left out of the loop when the situation involves a DEI-related issue.

3. Not enough money is allocated for personal professional development.

4. Sitting at the table and feeling invisible during regular meetings, but visible when there is a crisis that needs to be solved immediately is demeaning.

5. When walking around the

schools, being ignored, and feeling as though they do not belong.

6. Over-scheduling for non-DEI work so there is not enough time to focus on DEI work.

7. Needing more support to get others to embed DEI work in all aspects of the school district.

8. Unsure of support and trust from the Board and Superintendent - not enough communication.

9. The title and pay don’t match the skill requirements and responsibilities of the job.

10. The expectation that the DEI Director is responsible for giving the board and superintendent the DEI training that

every leader should have in their skill set. Hopefully, they will take the initiative to do self-work.

It’s important to be realistic about how much can be accomplished. Diversity work is an iterative process. It is both powerful and fragile. Any initiative will need to be defined, refined, reflected upon, and improved. Create realistic goals and have a plan to track progress and embrace change. Each district is unique, and your district’s goals may be quite different from another district’s goals. Be true to your district’s needs.

Remember that the work and your responsibility don’t end after the DEI Director is in place. The journey together has only just begun. There will be challenges along the way, but the rewards will be worth it.

CABE Executive Director and General Counsel Patrice McCarthy spoke about the legislative session.

CT Freedom of Information Commission Director of Education and Communications Russell Blair presented on FOIA.

Superintendents’ Administrative Professionals from across the state met to learn about FOIA, the legislative session, and to network with one another.

CABE LEGISLATIVE WRAP UP — MAY 15

Over 70 board of education members, superintendents and other educational leaders participated.

CABE Sr. Staff Attorney Conrad Vahlsing spoke about several legal issues, including Title IX.

CABE Executive Director and General Counsel Patrice McCarthy (above) and CABE Sr. Staff Associate for Government Relations Sheila McKay (top photo) discussed legislation impacting school districts.

Rep. Jeff Currey spoke about education funding and the value of the partnership with CABE.

CABE President Leonard Lockhart (Windsor) welcomed participants.

UNDERSTANDING CONNECTICUT’S

Your Attorney Cannot Always Shield You From the FOIA

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

Clients sometimes include me on communications merely to protect themselves from Connecticut’s Freedom of Information Act (“FOIA”), believing that anything sent to me is automatically covered by the attorneyclient privilege. In addition, clients sometimes think that merely because a record is maintained by my office (as opposed to the client’s), it is not subject to disclosure. However, not every communication to/from your lawyers is exempt from disclosure under the FOIA, and merely avoiding possession of a record does not mean that it is not covered by the FOIA.

1. First, what does the attorneyclient privilege cover? In order to be protected, a communication between board members (or school district employees) and their attorneys must be made in confidence and in the course of the professional relationship that exists between the attorney and the district and must relate to legal advice sought by the district from its attorney.  The attorney-client privilege protects both a) the confidential giving of professional advice by your attorney and b) the giving of information to the attorney to enable the attorney to give sound advice

2. So, does that mean that anything that we send to our attorney is covered? Nope. Connecticut’s Freedom of Information Commission (“FOIC”) and the courts recently reminded us of the limits of the privilege. In Town of Avon v. Sastre, 224 Conn. App. 155 (2024), a town employee met with the town manager to discuss incidents involving the police chief. Following that meeting, the town manager contacted the town attorney. After the attorney inquired if there was any documentation related to the alleged incidents, the town manager contacted the employee, at which time he learned that the employee had created a log detailing the underlying incidents. The employee provided the log to the town manager, who made a copy of the log, provided a copy to the town attorney, and returned the log to the employee.

A request was made under the FOIA for records related to the accusations against the chief. The

town did not provide a copy of the log. Before both the FOIC and the courts, the town asserted that the log was exempt from disclosure due to the attorney-client privilege, and that the log was not even a record under the FOIA. Spoiler alert: The FOIC and the courts (including the Appellate Court) did not agree with the town’s position.

3. So, can we shield records from disclosure by simply sending the document to our lawyer? Nope. The FOIC and the courts rejected the town’s argument that since it did not retain the record, it was not a public record. The definition of public record (“any recorded data or information relating to the conduct of the public’s business ... received ... by a public agency”) includes a document that has come into a public agency’s possession. When the town manager took possession of the log (which pertained to the public’s business), the town “received” the log for purposes of the FOIA (retention be darned). In addition to the fact that a town attorney is an agent of the town, the courts reiterated that a public agency cannot circumvent its FOIA obligations by simply delivering records to its attorney.

4. What about the attorney client privilege? The courts and the FOIC rejected the town’s argument that the log was exempt from disclosure pursuant to the attorney-client privilege. The courts determined that the FOIC properly found that a) the log, which existed before the town sought legal advice, contains personal observations of the employee relating to the chief’s conduct, b) the employee created the log for his own personal use, c) the log was not created for the purpose of seeking legal advice or with the intent to communicate its contents to an attorney, d) the employee met with the town manager, who is not an attorney, to discuss the employee’s concerns about the chief’s conduct and to seek guidance on how to deal with the chief, and e) the log does not constitute a record of communication between a client and an attorney, as there was no evidence that the employee who created the log ever spoke with the town attorney. The log did not become a privileged document simply because the town manager

provided the log to the town attorney when he sought legal advice about how the town should proceed with respect to the chief.

Final Thoughts

While a preexisting document does not become privileged merely because it is transferred/routed through an attorney, it could become privileged if it were somehow transformed for the purpose of seeking legal advice and communicated (or intended to be communicated) to an attorney. If the employee had created a typed compilation and/or summary of the log for the purpose of securing counsel, and then sent it the attorney seeking advice, the communication could have been exempt from disclosure. However, without more, just sending a document to a lawyer does not make it exempt it from disclosure.

Attorney Sommaruga is the author of “Understanding Connecticut’s Freedom of Information Act” (6th Edition 2023)

ENGAGING

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on their perceptions of the problem. Community engagement is critical to school success – too critical to be a victim of chance and circumstance. With a bit of planning, it can be a useful tool for bringing forward the district’s vision.

For information on the Community Engagement session, contact Nick Caruso (ncaruso@cabe.org).

For sample communications policies, contact Pam Brooks (pbrooks@ cabe.org).