The CABE Journal - March 2022

B C

www.cabe.org

Vol. 26, No. 3

March, 2022

View from the Capitol

New Settlement in Sheff v. O’Neill

Patrice McCarthy

Deputy Director and General Counsel, CABE

Conrad Vahlsing

Staff Attorney, CABE

More winter fun!

March is Board of Education Member Appreciation Month! The month of March is Connecticut Board of Education Member Appreciation month. This is the perfect opportunity to say “thank you” to the hard-working and dedicated board members in your district. We encourage you to recognize the time and effort they devote to board business during the course of the year. Use #BoardAppreciationMonth and #THANKYOU when thanking your Board members on social media. Be sure to access the Connecticut Board of Education Member Appreciation toolkit facts about Connecticut’s Board of Education members and quotes you can use in recognizing Board members. You can also access customizable materials such as editorials, new releases, suggestions for saluting school board members, and

more in the Members Only section of the CABE website - https://www.cabe. org/page.cfm?p=1459. You may also purchase Thank You Hershey bars, “Out of the public schools grows the greatness of a nation” note pads, and Thank You tumblers (NEW!) at https:// www.cabe.org/page.cfm?p=1281&pback=1239. On behalf of all of us at CABE, we thank Connecticut’s Board of Education members for the dedication they show not only to each child in their districts, but also to each child in Connecticut! You are making a difference!

On January 27, a new settlement was reached in Sheff v. O’Neill. The original case and the resultant desegregation requirements imposed upon the state have continued for more than 30 years. The new settlement has the potential to end litigation and court oversight of the matter. In Sheff, the Connecticut Supreme Court held (in 1996, with the initial lawsuit being filed in 1989) that the state has an affirmative obligation to remedy unequal access to, and segregation in, public education in Hartford even in the absence of intentional racial segregation. This new 2022 settlement must first be preliminarily approved by the Superior Court, then sent for approval to the General Assembly, before finally being resent to the Superior Court for a final approval. The Governor’s office issued a press release, also on January 27, stating that Governor Ned Lamont and Attorney General William Tong will indeed seek legislaSee SETTLEMENT page 6

Karen Dubois-Walton Appointed Chair of CT State BOE Patrice McCarthy

Deputy Director and General Counsel, CABE

Governor Ned Lamont announced that he is appointing Dr. Karen DuBois-Walton of New Haven to serve as chairperson of the Connecticut State Board of Education. Dr. DuBois-Walton has served as a member of the board since June 2020. In addition

inside

Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

81 Wolcott Hill Road Wethersfield, CT 06109-1242

Connecticut Association of Boards of Education Inc.

The month of March will be filled with committee hearings and committee deadlines in this short legislative session. The Education Committee must act on bills by March 28, and the Appropriations Committee deadline is April 8. It is then a short sprint to the adjournment of the legislative session on May 4. The Governor’s mid-year budget adjustments include $90 million for school indoor air quality improvements, with a requirement for a 50 percent local match. The budget also provides $4.5 million to support increased summer enrichment programming, maintains the state commitment to progress towards implementation of the ECS formula, and $26 million to support implementation of the Sheff settlement agreement. The budget also includes resources to strengthen children’s behavioral health care. These funding issues will be discussed in both the Education and Appropriations Committees. It is likely that most hearings will continue to be held with at least a virtual component. The opportunity to provide testimony both orally and in writing is an important aspect of the process. Let your voice be heard!

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26 Tips to Help Board Chairs Become More Effective

to her service on the board, she is currently the president of the Elm City Communities/Housing Authority of the City of New Haven (HANH), where she is responsible for administrative, programmatic, and policy direction regarding public housing, housing choice voucher programs, finances, and planning and See DUBOIS-WALTON page 9

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What Do You Do If Your District is Hacked?

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Secretary Cardona’s Vision for American Education

Periodical Postage PAID Hartford, CT

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The Journal – Connecticut Association of Boards of Education | March, 2022 PRESIDENT COMMENTARY

Public Schools in the Post-Pandemic World Elizabeth Brown President, CABE

It was not that long ago that many of us were hoping against hope that COVID-19 would start to appear in our rear-view mirror. The Delta and Omicron variants then arrived to show us the pandemic is nowhere near an end. We need to start thinking about what a post-COVID-19 world is going to look like, particularly in our public education system. Are there lessons learned that actually enhance learning? COVID certainly challenged the “normal” in public education. The impact of COVID seeped into our district bones and is now part of our DNA. Things will never go back to normal, nor should they. The pandemic certainly showed us how fragile our existing systems regarding social-emotional learning, mental health of both student and staff and the inequities of racial, social and economic separation are. I think a lot of us were reminded that school districts are not strictly brick and mortar but a human mechanism composed of a myriad of dynamic parts. Our trend is to look at data focused so much on outcomes that we sometimes forgot to focus on the human side of the equation. When a fire breaks out, the first priority is to extinguish it. However, immediately after that, we need to assess the damage and start rebuilding; not just to duplicate what was, but to build back stronger and better. Our response to the COVID-19 pandemic demands long term, holistic solutions; rethinking systems to embed human healing and connectedness into our new DNA. What will we need to consider in

this rebuilding process? Curriculum, instruction, hiring practices, family engagement, and health infrastructure in schools? Mental health systems? Community collaborations? The pandemic highlighted major inequities in technology: from equipment to connectivity, particularly in identifying gaps in providing these tools. Everything should face scrutiny and we should take nothing for granted. It would be easy to go back to a system that has helped some of our children for over 200 years (but lost more and more of them over time) but, we can’t take the easy road. We need to look to giving all children and our staffs what they need to be successful.

The Teacher Shortage

Connecticut, like many states, faces a teacher shortage heightened by the pandemic. Teachers, whose job was always a challenge pre-pandemic, have been faced with challenges to their skills and health like no other time. The quick shift to online learning came at a huge cost – teachers and administrators were not adequately trained nor were resources readily available. The teachers’ workforce often seemed like an afterthought when protection from COVID-19 came up in discussions. Many of these teachers have since decided that this was not the job they signed up for and have left the teaching ranks. We need to refill our ranks with quality teachers and administrators who are prepared to teach in this new world in which we find ourselves. Right now, however, the pool is not there. Many of the new teachers who traditionally bring new life and energy to our schools are looking at other options. It is becoming more difficult to find professionals willing to

Patrice McCarthy, Deputy Director and General Counsel, CABE, was interviewed by Fox 61 and NBC CT during the February State Board of Education meeting. She spoke about the need to maintain state level guidance on masks in schools to maintain a healthy environment for in-person training.

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 work in education when the world is full of so much uncertainty. Fortunately, CABE, working with the Legislature, supports investment in scholarships for students enrolled in higher education, more investment in career pathways for paraprofessionals while working, alternate routes to certification, and reviews of current regulatory or legislative barriers to make it easier for good prospective teachers to find a pathway to a career in education. My own district of Waterbury implemented many strategies including a new curriculum – Educators Rising – that offers students course work in teaching careers. More collaboration with higher education to foster the teacher pipeline is critical to addressing this shortage. Along with these strategies, we need to take a deeper look into the teaching profession and how we, as policy makers, can support teachers and administrators in their work. What are best practices in teacher recruitment and retention? What are the barriers: compensation, cost of housing and local zoning restrictions for affordable housing, and, most notably, the cost of higher education? The Legislature and State Department of Education have made great progress in advocating for more resources to address this crisis, but more needs to be done. All stakeholders need to come together to tackle this systemic problem. The teacher shortage is real. Working together, we can chart a new course that will lead to a new generation of qualified teachers. As board of education members, we need to work with all our constituent groups to make sure they see the challenges and gain from them a commitment to help us solve the problem.

“ If your actions inspire others to dream more, learn more, do more and become more, you are a leader.” – John Quincy Adams

EXECUTIVE COMMITTEE Elizabeth Brown | President, Waterbury Leonard Lockhart | First Vice President, Windsor Meg Scata | V ice President for Government Relations, Portland John Prins | V ice President for Professional Development, Branford Lon Seidman | Secretary/Treasurer, Essex Donald Harris | I mmediate Past President, Bloomfield Christopher Wilson | Member at Large, Bristol Lydia Tedone | NSBA Director, Simsbury AREA DIRECTORS Marion Manzo | Area 1 Director, Region 15 Douglas Foyle | Area 2 Co-Director, Glastonbury Tyron Harris | Area 2 Co-Director, East Hartford Jay Livernois | Area 4 Director, Woodstock Academy Dan Cruson | Area 5 Director, Newtown Janice Cupee | Area 6 Co-Director, Stratford Lee Goldstein | Area 6 Co-Director, Westport George Kurtyka | Area 7 Co-Director, Derby Robert Guthrie | Area 7 Co-Director, West Haven Lon Seidman | Area 8 Director, Essex Carol Burgess | Area 9 Co-Director, Montville Bryan Doughty | Area 9 Co-Director, New London ASSOCIATES Eileen Baker | Associate, Old Saybrook Ann Gruenberg | Associate, Hampton Anthony Perugini | Associate, Cheshire Robert Trefry | Associate, CT Technical High School System Joseph Wilkerson | Associate, Bloomfield COMMITTEE CHAIRS Becky Tyrrell | Chair, Federal Relations, Plainville Ethel Grant | Chair, Resolutions, Portland Christopher Wilson | Chair, State Relations, Bristol CITY REPRESENTATIVES John Weldon | City Representative, Bridgeport Yesenia Rivera | City Representative, New Haven Andy George | City Representative, Stamford STAFF

Robert Rader | Executive Director Patrice McCarthy | Deputy Director and General Counsel Nicholas Caruso | Senior Staff Associate for Field Services and Coordinator of Technology Sheila McKay | Senior Staff Associate for Government Relations Vincent Mustaro | Senior Staff Associate for Policy Service Lisa Steimer | Senior Staff Associate for Professional Development and Communications Conrad Vahlsing | Staff Attorney Teresa Costa | Coordinator of Finance and Administration Pamela Brooks | S enior Administrative Associate for Policy Service and Search Services Terry DeMars | Administrative Associate for Policy Service Gail Heath | Administrative Associate for Government Relations Wilmarie Newton | Administrative Associate for Labor Relations Nancy Propfe | Administrative Assistant for Membership Services Corliss Ucci | Receptionist and Assistant to Executive Director

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 | March, 2022

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

Berchem Moses PC Shipman & Goodwin HIGH HONORS

Pullman & Comley HONOR ROLL ESS JCJ Architecture Newman/DLR Group SCHOLAR Brown & Brown Chinni & Associates, LLC Coordinated Transportation Solutions Dattco, Inc. Kainen, Escalera & McHale, P.C. The Lexington Group Public Agency Retirement Services (PARS) The S/L/A/M Collaborative Zangari Cohn Cuthbertson, P.C.

EDUCATIONAL AFFILIATES American School for the Deaf Area Cooperative Educational Services (ACES) Capitol Region Education Council (CREC) Connecticut Arts Administrators Association Connecticut Association of School Business Officials Connecticut School Buildings and Grounds Association Connecticut School Counselor Association Connecticut Technical High Schools Cooperative Educational Services (C.E.S.) EASTCONN EdAdvance Explorations Charter School Integrated Day Charter School ISAAC LEARN Live Girl Odyssey Community School, Inc. Relay CT

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EXECUTIVE DIRECTOR COMMENTARY

Appreciate Your Board Members Robert Rader

Executive Director, CABE

Working at the New York State School Boards Association for 15 years and CABE for more than 26, I’ve learned a lot. One of the most important lessons is that school board member service is some of the most difficult and challenging work one can do. The second is how difficult the roles and responsibilities of board members have become since I first met board members in Albany in the early 1980s. If I went back to that time, I would tell myself that there are issues that come up every year around budget time (how do we pay the costs of special education?), some that are on an almost every 10-year schedule (educator evaluation and support—last discussed about 10 years ago and now being discussed again) and consolidation of school districts (whenever there’s a new Governor who thinks it will save money). As if just by spouting it, the word “reform” is always used in regard to any new plan, program or initiative. Somehow, proponents think use of the word will guarantee progress. The other clause most cited is “we have to get back to basics”, whether or not basics is really what we’re getting back to. Forty years ago, I was impressed by the knowledge and skills and experiences it took to be an effective board member. Today, I am even more awed by the social and emotional abilities that are needed to be effective in today’s climate. In the current societal climate, a time in which every decision seems to divide the community, it is sometimes very difficult for Boards to feel they have the support of the majority of citizens. When a minority is vocal, sometimes it is hard to discern where the majority is. I just read my local newspaper and what did I see? Several letters-to-the-editor, written by the same people every week, criticizing the school board. Their comments appear overwhelming in contrast to the people who write in to thank the Board for its work. And, what about the enormous majority who don’t write at all?

Public Comment

No one will argue against the ability of all citizens to speak up or write letters to provide their opinions. Probably the most visible part of this right is the Public Comment part of your Board meetings. While not re-

quired by law, Board Members should remember that Public Comment is actually a superb aspect of our democracy. I know it might not feel like that. However, we were among the first countries to allow citizens to redress their grievances against the sitting government when the First Amendment to the Constitution was adopted. It is a mark of the wisdom and courage of our Founders. In late January, CABE presented a workshop by public relations expert Chris Horan, on the art of listening (available at https://bit.ly/3LmpZh3). Attendees discussed how difficult it sometimes is to conduct Public Comment. We get it. However, here are some suggestions for Public Comment: • District ground rules for Public Comment should be expressed to the public prior to the opening of the Public Comment part of the meeting. They should include the amount of time to be devoted to this part of Board meetings, as well as the amount of time each member may speak. • Remember that the amount of time must be the same for all speakers. We might want to hear people sing our praises longer than those who criticize, but, the amount of time must be the same, no matter the content. • Members of the Board should always listen attentively. That means no use of cellphones, even for texting. People can tell when you try to look nonchalant when sneaking in a few messages. • There should be no side conversations or other distractions. Pay attention to the speaker. While it is often difficult, Board members should be careful in their facial and or/body language. Neutrality is the rule: you are Switzerland at this point. • Whether you agree or disagree with what is being said, the only voice coming from the Board should be from the chair recognizing the speaker and thanking her at the end of her three minutes. Unless there is an easy factual question asked, the chair can let the speaker, the public and the Board know it will take the comments into consideration or ask the Superintendent to look into the matter. • Please attend the CABE/CCM webinar Let’s Keep It Civil: How to Lead Public Meetings in Contentious Times on March 8. You may register at ccm-ct.org.

Now this is not easy to do when a speaker is making critical comments about an individual, makes rude comments or uses profanity. That should not be tolerated. Chairs have tools to cut off the speaker in such circumstances.

Connecting the Will

In light of the challenges in these areas over the last couple of years, Board Members have handled very difficult situations with respect, savvy and thoughtfulness. In connecting the will of the community to the education of its children, Board Members have ensured that the safety of its students is their number one priority. Boards have provided much-needed stability for their communities in these difficult times. Sure, boards need help to be at their best and to do their best. They are composed of people who are not elected for either their level of education or their knowledge of the latest education trends. Board members come from all walks of life. Some have never served on a board before. Some begin service with a one-issue agenda. For the most part, however, I have found Board Members to be open-minded, caring and working for the good of ALL students. They work well with other Board Members and operate as a team with their superintendents. They are open to facts and evidence (often called “data”) in making their decisions. We all are in debt of those who served, are serving or will serve on our Boards of Education and our Board of Directors. Board Recognition month, March, is the perfect time to celebrate their efforts. For all board members, whether or not you hear it enough, thank you for your volunteer service, the thousands of hours you donate and your willingness to come forward to do this near-impossible job under such difficult conditions. Please contact CABE if you would like to see the introductory remarks used in some districts.

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The Journal – Connecticut Association of Boards of Education | March, 2022 See You in Court – The Nutmeg Board of Education

Do the Nutmeg Board Members Need Their Own Lawyers? Thomas B. Mooney, Esq. Shipman & Goodwin

The Nutmeg Board of Education makes many mistakes. The latest imbroglio created by the board will be reported here each issue, followed by an explanation of what the board should have done. Though not intended as legal advice, these situations may help board members avoid common problems. The Nutmeg Board of Education, indeed the entire Nutmeg Public Schools community, was breathing easier with the end of mask mandates. But newly-elected Board member Nellie Nervous remained concerned. At the February meeting of the Board, Nellie shared that concern with her fellow Board members and the public. “I am worried,” she began. “Everyone is happy that our students and teachers now have the option of wearing their masks or not. But the CDC is still recommending that students wear masks, and I think that we should mandate masks on our own. We are creating an unsafe school environment by not following the science and continuing to mandate masks.” Veteran Board member Bob Bombast scoffed. “If the State doesn’t mandate masks in schools, how could we? The simple truth is that we don’t have the authority to impose such mandates.” But Nellie continued the debate. “When the CDC recommends masks, we are derelict if we do not require them. If someone gets COVID at school, we are going to get sued. I don’t know about you, but I don’t want to hire a lawyer, let alone pay damages to someone who gets COVID in our schools. I move that we continue with the mask mandate for anyone entering the Nutmeg Public Schools until the CDC withdraws its recommendation for masking in our schools.” Ms. Chairperson waited for a second, but there was none, and Nellie’s motion failed. Moreover, when the State mask mandate ended at the end of February, Mr. Superintendent and the Nutmeg Public Schools lifted the mandate that students, teachers and visitors wear masks in the schools, though officially they did recommend that all continue to wear masks. Last week, Nellie was upset when she answered a knock on her door at home and was greeted by a sheriff serving her with a complaint. The parent of a Nutmeg student is suing all the members of the Board of Education as well as Mr. Superintendent. The parent claims that the Board was negligent in not mandating that everyone wear a mask while in the Nutmeg Public Schools, which failure, she further claims, caused her child to contract COVID. From what Nellie could determine from the complaint, the parent is demanding unspecified damages in excess of $15,000.

Nellie promptly sent an “I told-youso” email to Mr. Superintendent and her Board colleagues, reminding them that she had warned them about the risk of liability. Mr. Superintendent, however, ignored Nellie’s email, and instead sent an email to all the Board members, telling them that they should not worry about the complaint. With the email, Mr. Superintendent included the posting of a special meeting, the agenda for which was: “Executive Session for the purpose of discussing pending litigation.” As one might expect, all the Board members attended the special meeting to discuss the pending complaint. Mr. Superintendent sought to allay the concerns of Nellie and the newer Board members, explaining that getting sued goes with the territory of Board service. But Nellie told the Board and Mr. Superintendent that she was really nervous. Since she had warned the Board about such claims, she explained, her situation was different from the other Board members, and therefore she would be hiring her own lawyer to defend her. Is that a good idea? • • • • • • • • • • • • • • • Nellie certainly does not need her own lawyer. Connecticut law protects board of education members, school employees and even volunteers in certain situations. But before reviewing that protection, let’s look at the question of liability here. Liability for negligence normally arises when a person or entity (1) has a duty of care, (2) breaches that duty, (3) causing an injury (4) that is foreseeable. However, boards of education (and their members and employees) are often protected by governmental immunity. Such immunity is conferred on governmental entities when their representatives exercise discretion in acting on behalf of the public they serve. However, governmental actors are not protected from liability for acts that are malicious, when statutes abrogate such immunity, or when the plaintiff is a member of a foreseeable class of victims subject to immediate harm. This last exception to governmental immunity has busied the courts since 1994, and in 2014 the Connecticut Supreme Court clarified that this exception to governmental immunity applies only when it is apparent to the government official that the dangerous condition was so likely to cause harm that the governmental actor had a clear and unequivocal duty to act immediately to prevent the harm. Haynes v. Middletown, 314 Conn. 303 (2014). Given the need to establish causation in the first instance, and the protections of governmental immunity in the second, it is unlikely that a parent could establish liability in such a situation. Whether this claim is strong or

weak, Nellie and the other members of the Nutmeg Board of Education are understandably concerned about getting sued. However, they should take comfort in the expansive protection afforded to them under Connecticut General Statutes, Section 10-235, known as the indemnification statute. Section 10-235 provides that school board members, school employees (and even volunteers under the supervision of a certified staff member in an activity that is approved by a board of education) are protected and held harmless against liability arising from claims for actions they take in the course of their responsibilities, except for actions that are wanton, reckless or malicious. This protection includes reasonable attorneys’ fees, and the standard practice for school districts and their insurers to provide counsel at no cost to the defendants when such claims are made. Board members give their time on behalf of the public and are (and should be) protected. The future of the pandemic is, of course, uncertain. Contrary to Bob’s claim, however, boards of education do have the authority to mandate masks as long as the decision has some reasonable basis. Deciding whether and when to exercise that authority is a challenge, and school districts should continue to look to public health authorities for guidance. Finally, this situation raises two

issues under the Freedom of Information Act. First, we note that Nellie sent an email to all of her Board colleagues. Email is a notorious problem for school boards, and conducting Board business through email discussion violates the FOIA requirement that “meetings” be posted and open to the public. Nellie’s email, however, was fine because (appropriately) her Board colleagues did not reply and no “discussion” occurred. By contrast, the posting of the special meeting was problematic. “Executive session” is not an agenda item, and a public agency will not know whether it will have an executive session until the public agency convenes into executive session by a two-third vote, stating the reason for the executive session. Moreover, the Freedom of Information Commission and the courts have held that public agencies should include the name of the case being discussed in stating the reason for convening in executive session to discuss pending claims and litigation. Attorney Thomas B. Mooney is a partner in the Hartford law firm of Shipman & Goodwin who works frequently with boards of education. Mooney is a regular contributor to the CABE Journal. Shipman & Goodwin is a CABE Business Affiliate.

The Ninth Edition – Now Available!

A Practical Guide to Connecticut School Law by Thomas B. Mooney, Esq. Shipman & Goodwin

CABE is delighted to announce that the Ninth Edition of Tom Mooney’s Practical Guide to Connecticut School Law is now available. PRICING: CABE Members: $54.99; CABE Non-Members: $79.99; Students: $44.99 There have been many changes in school law in the last few years, and the Ninth Edition has been extensively revised to provide updated guidance on the legal issues that govern our schools. Changes include descriptions and commentary on:

• Changes in teacher evaluation and teacher tenure. • New rules regarding employee background checks. • New requirements concerning student data privacy. • New rules for suspension, expulsion and alternative educational opportunities. • Revised requirements governing seclusion and restraint. • The new “Every Student Succeeds Act” and how it has changed “No Child Left Behind Act” requirements. • The CCJEF case and ongoing litigation over equal educational opportunities. • The Minimum Budget Requirement and new duties to collaborate with town officials. • A host of other changes in the rules that boards of education and school administrators must follow.

The Journal – Connecticut Association of Boards of Education | March, 2022

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The Journal – Connecticut Association of Boards of Education | March, 2022

Special Education Performance Report Patrice McCarthy

Deputy Director and General Counsel, CABE

Over the past year, the Connecticut State Department of Education convened a group of stakeholders to provide input on the special education State Performance Plan/Annual Performance Report (SPP/APR) to the federal government. CABE was represented by Patrice

SETTLEMENT

(continued from page 1)

tive approval of the settlement. While the settlement would end court oversight of the matter, a 10-year injunction would be in place where the court will intervene if there is noncompliance with the settlement agreement. The settlement involves various provisions, including added seats at existing magnet schools and financial incentives to encourage the volunteer-based Open Choice schools to accept additional students from Hartford. Additionally, not only would new or expanded programs be established, but the settlement includes several new or expanded magnet schools. A brief history of Sheff may be of interest: The original lawsuit was filed by 18 Hartford area students (acting

McCarthy on the stakeholders group. State Department of Education staff, led by Special Education Division Director Bryan Klimkiewicz, convened twice monthly meetings from September 2021 to January 2022. The group examined the following data elements and identified targets for improvement: Preparing Students with

Individualized Education Programs (IEP) for Life After High School • Graduation • Drop Out • Secondary Transition • Post School Outcomes

through their parents) in 1989. After the Superior Court ruled in 1995 that the state was not responsible to remedy the segregation in Hartford public schools because it was not caused by state action, the state Supreme Court transferred the appeal to itself, skipping the Appellate Court, and reversed the lower court’s decision in 1996. The state Supreme Court’s 1996 holding was a landmark desegregation decision. The Court held that even in the absence of intentional racial segregation in public schools on the part of Connecticut, the state was still liable for the segregation under the state constitution because it knew of the unequal opportunities in Hartford and did not remedy them, and the statutory mandate to attend school in one’s own town was most responsible for the segregation.

Less than three weeks after the state Supreme Court’s 1996 decision, then-Governor John Rowland issued an executive order creating an education improvement panel. This panel was tasked with reporting on options for reducing racial isolation in Connecticut’s public schools. The panel’s final report was delivered to the Education Committee of the General Assembly in January of 1997. In response, the Legislature passed Public Act No. 97-290, entitled “An Act Enhancing Educational Choices and Opportunities.” In part, Public Act No. 97-290 amended Section 10-4a of the General Statutes to include the reduction of “racial, ethnic and economic isolation” as an educational interest of the state. The Public Act detailed a number of ways that districts could achieve this reduction, including many interdistrict

CT Students with IEPs Performance in Key Areas • Preschool Outcomes

• State Assessment CT Students with IEPs Learning Alongside their Peers and Dispute Resolution Outcomes • Least Restrictive Environment (LRE) • Preschool LRE • Resolution Sessions See SPECIAL EDUCATION page 12

solutions such as magnet school programs, public school choice programs, school building projects, and program collaborations. The Public Act also suggested distance learning via technology as a means to achieve the goal. Since the legislature acted in 1997, there have been numerous developments in the case, including the plaintiffs returning to court on multiple occasions to seek enforcement of the Court’s ruling (for example, in 1998, 2000, and 2005), arguing that the State had not made sufficient progress on remedying the desegregation. Settlement agreements between the plaintiffs and the state have featured prominently over the course of Sheff, including agreements in 2003, 2008, 2013, and 2020 (entitled “Phase I-IV Stipulations,” respectively). The new 2022 settlement hopes to be an end to the litigation.

The Journal – Connecticut Association of Boards of Education | March, 2022

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The Journal – Connecticut Association of Boards of Education | March, 2022

THE POLICY CORNER Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

Policy Direction Needed for Controversial Content and Issues District mission statements usually include language about preparing students to be conscientious citizens of the nation and world. The achievement of this goal involves teachers routinely asking students to discuss important but controversial topics. Such topics may include, but are not limited to, issues such as immigration policy, health care, the Second Amendment, taxation, religion, racism, climate change, evolution, drugs, and sexuality. Teachers need to maintain a respectful environment in which all student voices can be heard. This may require teaching civil discourse and establishing discussion protocols. Further, educators must confront unexpected moments or conversations at times. Controversial issues cover a vast array of topics and are characterized by having a political, social, emotional, or personal dimension, layers of complexity, divergence of opinion and potential to be triggered by small local or major global events. Generally speaking, an issue which tends to create polarized viewpoints may be considered controversial. Controversial topics usually center on values and beliefs often considered private rather than public. Therefore, those ideas which either confirm or question deeply held values will become controversial. They are usually items of social significance and have national and international implications. However, local concerns can also be equally significant and controversial. School districts should implement policies which provide direction to staff about dealing with controversial issues. Students are motivated to learn and apply decision-making and problemsolving skills when discussing topics of importance to them. Research indicates that discussing controversial issues at appropriate grade levels will counteract the apathy that has characterized persons of voting age. Approached correctly, the introduction of controversial issues can help students develop into citizens who will be more likely to deal intelligently and decisively with such issues. Research indicates high-quality discussion of controversial issues develops growth in toleration for the viewpoints of others, interest in politics and knowledge about important issues. The open exchange of ideas is a hallmark of democratic classrooms. Moreover, students and their parents hold strong views on a range of

subjects. These factors can result in a difficult situation for teachers. Curricular content has become more challenging because some cable news pundits, talk-show hosts and politicians are spreading some scientifically dubious claims and falsehoods which are amplified on social media. Educators have to contend with students and community members who sincerely believe information that isn’t factual. Young people often seek opportunities to discuss issues. This needs to be done within a supportive structure where questions can be asked and views expressed. Such discussion can be used to explore values, enhance communication skills, build understanding and learn that life is complex, with no easy answers to some issues. Teachers have a responsibility to create a classroom atmosphere in which reason and inquiry gain over ignorance and hyperbole. This requires guidelines that explain why they can entertain some arguments and not others. Teachers need to justify which topics can be discussed in the classroom and not be accused of being politically partisan or indoctrinating students. The courts tend to uphold teacher and student rights to discuss controversial topics. The courts usually leave to the schools issues pertaining to the curriculum. However, the courts will intervene when necessary to protect the legal rights of parents and students. Curriculum-related lawsuits usually result from disputes over content. While courts usually defer to schools, a board’s curricular discretion, either to require content or to censor it, is limited.

Curriculum Decisions

Following is a listing of what schools are and are not permitted to do, based upon judicial decisions over time pertaining to controversial issues in the curriculum.

Schools may:

1. Require students to learn controversial content, even if such content may offend the ideological or religious sensibilities of some in the community. 2. Teach about religion. 3. Require values or character education. The fact that some secular values parallel religious tenets does not taint a program as establishing religion. 4. Hold or require activities based on

cultural traditions or fantasy, as long as they do not border on religious ritual. 5. Teach about religious holidays. 6. Include religious music in a school music group’s repertoire. 7. Restrict content based on legitimate pedagogical grounds. These include age appropriateness, professional acceptance, consistency with general educational objectives, or currency. 8. Require a teacher to teach content he/she finds objectionable. 9. Discipline a teacher for violating curricular guidelines or common sense propriety.

Schools may not:

1. Make arbitrary curriculum decisions without rational reasons. A decision must be rationally related to a legitimate governmental purpose. 2. Ban academic content solely because it’s controversial or offensive to the religious or family values of some community members. Courts have held that students have certain legal rights to receive information, even if controversial. 3. Engage in religious instruction. Promoting or denigrating religion is unconstitutional. 4. Fail to address abuses of discretion by teachers. 5. Teach religion in the guise of other subjects. 6. Hold activities that border on religious practice. 7. Hold religious celebrations. Districts should consider a policy which includes an “opt-out” procedure for students to be excused from certain classes or assignments. Such a policy is not required, but it can help ease controversies. Legally, an opt-out makes it more likely that a court will reject a challenge to an assignment.

Textbooks & Instructional Materials

The rules for making textbook decisions are similar to those for curricular decisions.

Schools may:

1. Require assignment of materials even if some parents object to some of the ideas in them. 2. Forbid use of textbooks or materials in class because of vulgarity or graphic treatment of sexual matters, even where material has great

literary value. 3. Rely on motion picture ratings to determine the appropriateness of films/videos for students. 4. Use religious materials in class to teach about religion and culture.

Schools may not:

1. Remove instructional materials from the curriculum based solely on religious and ideological beliefs of parents/guardians and community members. The Every Student Succeeds Act (ESSA) requires districts receiving federal funds to adopt a policy giving parents the right to inspect any instructional material, regardless of format, used as part of the curriculum. Parents must be notified, at least annually at the beginning of the school year, of the existence of the policy. Policy #6162.51, “Surveys of Students (Student Privacy)” addresses this issue. A stricter standard of review regarding the restriction of student access to library materials exists. This issue will be discussed separately in a future article.

Policy Implications

Classroom life is shaped by external forces. Ongoing tensions among different racial, socioeconomic and religious groups that play out in schools are heightened by the current sociopolitical climate. Teachers must learn how to promote constructive discussions of charged issues. Students feel compelled to discuss such issues in order to try to make sense of them. Many resources are available to assist educators in facilitating discussion of difficult and controversial issues. The policies listed below relate to the information contained in this discussion of controversial issues. 1. P olicy #1312 - “Public Complaints” 2. P olicy #4118.21 - “Academic Freedom” 3. P olicy #6144 - “Controversial Issues” 4. P olicy #6144.1 - “Exemption from Instruction” 5. P olicy #6144.3 - “Controversial Speakers” 6. P olicy #6160 - “Educational Resources and Material” 7. P olicy #6161 - “Equipment, Books and Materials” 8. P olicy #6161.1 - “Evaluation/ Selection of Instructional Materials” 9. P olicy #6177 - “Use of Commercially Produced Video Recordings”

The Journal – Connecticut Association of Boards of Education | March, 2022

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26 Tips to Help Board Chairs Become More Effective Robert Rader

Executive Director, CABE

1. Focus your Board on student achievement and continuing growth, the primary mission of all school boards. 2. Put your students’ needs first. Be true to your district’s mission. 3. Help set a “professional” culture with your fellow Board Members. Have high expectations of them. They should know their roles and responsibilities, as should you. 4. Ensure that your decisions and those of your fellow Board Members are based on the needs of your students, not party affiliation. 5. Remind other board members that the Board represents ALL the children in the district, not just those whose parents voted for them. 6. Be a great role model: the eyes of the district and the media, are on you. Use “we” rather than “I”. 7. Know your roles and responsibilities as chair, including how to

DUBOIS-WALTON

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development activities. “Karen has been an incredibly active member of the New Haven community throughout her career, particularly focused on removing barriers to fair housing among marginalized communities, reversing housing segregation patterns, and making improvements in underresourced neighborhoods,” Governor Lamont said. “Over these last couple of years, she has been a valuable voice as a member of the State Board of Education, utilizing her experience to bring a much needed perspective to this important body, which is why I feel that having her serve as its next chairperson is a natural fit. I appreciate Karen for accepting this responsibility and look forward to working with her on our efforts to ensure that Connecticut’s public schools remain among the best in the nation and that every child has access to top-quality education that sets them on a path to success.” “I am excited to lead the Connecticut State Board of Education at this pivotal moment where we will design and implement the next fiveyear plan guiding our efforts to create equity for all Connecticut learners,” Dr. DuBois-Walton said, “These past two years have created unimaginable challenges, and our school communities have demonstrated persistence and creativity in meeting the moment while centering safety, wellness, and learning. There’s much to do as we move forward, and I thank

handle public comment. Use the gavel only as necessary. 7. Develop a strong relationship with your Superintendent of Schools. 8. Know where your Board Members “are coming from.” Understand why they got on the Board. Their interests and concerns will drive their actions and will help provide a roadmap for progress. 9. Communicate often and honestly with other members of the Board and the Superintendent, but, be wary of Freedom of Information Laws. Informal one-to-one conversations, away from the Board table, are best for building relationships. 10. Be the advocate your students and district need you to be--and help other Board Members do the same. 11. Inspire others with your empathy, caring and understanding. Walking in someone else’s shoes can give you a completely different perspective and helps build trust. 12. Strengthen your Board’s image. Conduct yourself with respect and Governor Lamont for entrusting me with the responsibility of leading the Board into our next chapter.” “The State Board of Education plays a critical role in ensuring all needs of Connecticut’s students are met so that they can thrive,” Connecticut Education Commissioner Charlene M. RussellTucker said. “Dr. DuBois-Walton’s knowledge and experience will assist in our advancement of the board’s mission. Together, the State Department of Education and State Board of Education will chart the course for our next five-year plan to ensure equity and excellence for all of Connecticut’s students.” Dr. DuBois-Walton succeeds Allan Taylor, a former member of the Hartford Board of Education and CABE Board of Directors. Governor Lamont said “I also want to thank Allan Taylor for his many years of service and leadership on the board. Taylor said “I turn the gravel over to Karen with complete confidence in her leadership ability and dedication to the future of Connecticut’s children.” Dr. DuBois-Walton previously served as chief of staff and chief administrative officer for Mayor John DeStefano, Jr. in New Haven. She earned her bachelor’s degree from Yale University, and master’s degree and Ph.D. from Boston University. She is actively involved on several nonprofit boards, including the Melville Charitable Trust, ACES Education Foundation, and Council of Large Public Housing Authorities, dedicating time to creating greater equity for those who are marginalized.

civility. Be appropriately humble. 13. Let others shine, whether Board Members, Superintendent or other Staff. 14. Dale Carnegie told us, “a person’s name is to that person, the sweetest and most important sound in any language.” Use Board Members’ and staff ’s names in addressing them. Remember that everyone likes to see his or her name in print in a positive way. 15. Speak your piece, generally after other Board members have, without dominating the conversation. Actively listen to others speak their piece. 16. When confronted by a mistake, whether by a Board Member or someone else, generally assume incompetence rather than malfeasance. Your first reaction should be to give the benefit of the doubt. 17. Never criticize others in public, but be willing to privately speak to Board Members and others to help them better understand how to work as part of the Governance Team. Be inclusive, rather than exclusive with all Board Members. 18. Pick your battles. Often others just want to vent and will feel validated by someone else listening. 19. Apologize when you know you should. 20. Be aware of your own implicit biases. We all have them. 21. Don’t expect every vote to be unanimous. If they were, we would need only one Board Member. Dissent and slow, thoughtful discussion can ignite better decision making. 21. Encourage your Board to take advantage of professional development

opportunities. Board Members need to be lifetime learners to keep with educational issues, trends and events. 22. Do not try to solve every problem you hear about and help other Board Members do the same. Explaining that there is a chain of command should be Board Members’ mantra. 23. Follow the money. Your budget is your most important policy document. 24. Keep and use your sense of humor to defuse situations. Try not to take yourself too seriously. 25. Take time for yourself and your family. You need to recharge, too. 26. Lastly, focus on the big picture with optimism and think long-term. Although this may be difficult in light of your current concerns, strong leaders are optimistic and build their legacies one step at a time. This list of 26 tips for school board members grew out of a similar list I created to help provide orientation for school board members.

Meetings of Interest n March 1, 2022:

Children Committee Hearing, 3 p.m.

n March 2, 2022:

State Board of Education Meeting, 9:30 a.m.

n March 8, 2022:

Children Committee Hearing, 12:30 p.m.

n March 21, 2022:

SDE Remote Learning Commission, 1 p.m.

NOTE: Additional meetings of various legislative committees are still being planned. Go to www.cga. ct.gov for meetings scheduled for March.

Opening the Legislative breakfast are Branford Superintendent Hamlet Hernandez, CABE Area 7 Co-Director Bob Guthrie, (West Haven) CABE VP of Professional Development, John Prins (Branford) and Representative Robin Comey.

26th Annual CABE Student Leadership Awards The CABE Student Leadership Awards Program includes students in grades 7-12 who exhibit exemplary leadership skills. Two students from each school in a CABE member district are eligible to receive the award. Last year 401 middle and high school students from 102 CABE member districts received the CABE Leadership Award. Go to https://www.cabe.org/page.cfm?p=1351 for more information and the award application. Contact Cory Ucci at cucci@cabe.org with any questions you may have.

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The Journal – Connecticut Association of Boards of Education | March, 2022

The Journal – Connecticut Association of Boards of Education | March, 2022

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What Do You Do If Your District is Hacked? Robert Rader

Executive Director, CABE

Last month, on the first page of The CABE Journal, I wrote an article about the proliferation of ransomware attacks on school districts, other governmental agencies and municipalities. On January 25, Kevin Collier of NBC News posted an article that described a school district ransomware attack that led to an even uglier situation: After the hackers had locked up the district’s files, they threatened parents with the release of their (student’s and the parent’s) private information, if the district did not pay up. What is especially scary is not only that the school district was “under siege,” but the private information of individual students and their parents or guardians would be used to increase pressure on the district. According to the emails, the hackers would release the information “in the dark market.” Imagine getting an email like that! To make the situation even more difficult, the school district had not communicated any information about the attack to families or the general public. Once the incident did become public, one parent expressed outrage that the district did not tell the community it had been hacked and that,

to the extent possible, members of the public should “lock their data down.” According to Chester Wisniewski, a researcher at the cybersecurity firm Sophos, hackers ‘“customize the threat to the context of whom they’re contacting… Often, when Americans get called, ‘It’s we have your Social Security number, we have your direct deposit information from your bank, and if you don’t want this information made public, you really ought to be talking to your IT department.’ ”

Going Public in Connecticut

As to whether a district should make the attack public, according to CABE Staff Attorney Conrad Vahlsing, under Connecticut law, “once a local or regional board receives notice of a breach of security, the board must notify parents or guardians within two business days, and post notice on the board’s website.” * While every ransomware attack is different, Boards should have procedures available if their district is hit by hackers. Patrice McCarthy reminds Boards and Superintendents to contact the district’s insurance provider and the board attorney as soon as learning of a breach. I also asked Doug Casey, Executive Director of the Connecticut

What will CABE’s

Connecticut Online Policy Service (COPS) provide YOUR district?

• A policy manual updated within days of a board meeting • Access to your policy manual 24/7 anywhere with Internet capability • Time saving links to legal and cross references • A search engine specifically designed for board policy manuals • The ability to search other online districts for sim­ilar policies or language • A happier staff that will have less paper to deal with!

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

Commission for Educational Technology about what is being done to protect school districts from hackers. He reinforced the importance of having established IT practices to protect networks, information systems, devices, and — of course — members of the education community. Plenty of excellent frameworks exist to guide this work, including those from the Center for Internet Security (cisecurity.org) and the Consortium for School Networking (cosn.org). Those resources can seem overwhelming and Casey encouraged districts to “start somewhere,” working toward incremental improvements over time. While Boards should be guided by the IT experts, he emphasized the collective responsibility of all district team members to practice good “cyber hygiene,” informed by frequent training, because human

behavior is often the weakest link in protecting school information and resources. Board Members also have a role in using “good cyberhygiene.” Make sure you don’t click on an email from someone you don’t know. If it looks fishy, it may be phishing! [Please excuse my pun!] As I wrote in the February Journal, School Board Members and Superintendents play an important role in ensuring the data and networks in your district are protected. Asking the right questions and listening to the experts is key in helping protect your district, staff, parents and students from a costly, uncomfortable and difficult situation. The article can be found at https:// www.nbcnews.com/tech/security/ransomware-hackers-new-tactic-calling-directly-rcna6466. *see CGS 10-234dd(a)(3).

Communication Steps for Dealing with Ransomware Attacks

By Ann Baldwin, Baldwin Media

· Be proactive instead of reactive in a ransomware attack! Districts should have a policy for both internal and external communication that has been written, vetted and approved prior to the breach. It should address how to release information and by whom. [See CABE Policy #3520.14, “Cybersecurity”.] · If you decide to hold a press conference to announce the issue, try to have local police and other officials present to show that you are using all available resources to solve the issue. · Make sure that all of your communication channels are available to use. Keep your school community and any potential media up to date. · Because districts are required to release information of a breach, be as open as you can, but if necessary, to speak with your Board on confidential or security matters, hold an executive session (as permitted by the Freedom of Information Act). In general, though, we would recommend that Board Members don’t need to be privy to detailed security measures, but, should maintain a broad, oversight focus. · Be very careful in determining the steps you need to take. Remember that this is a security issue; it is not necessary to get into details on how the district resolves the underlying ransomware attack. · Be prepared with a call to action: What can parents and caregivers do to protect any information that may have been compromised? · Make it easy for people to contact you. Include how they can get in touch with you either by phone or email and encourage them to contact you for assistance or questions. · It sometimes takes months to recover from a ransomware attack. Your staff and the community should be made aware of this, so they understand the scope of the issue.

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The Journal – Connecticut Association of Boards of Education | March, 2022

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 helping school boards B to increase student achievement:

z Hosted CABE Board Chair CheckIns and Updates. z Facilitated New Britain Board of Education Superintendent Search Process workshop. z Hosted CABE webinar on The Art of Listening. z Responded to 55 requests for policy information from 25 districts, 48 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 pertaining to FAFSA, non-discrimination, challenging curriculum and public conduct. z Provided Roles and Responsibilities workshop for the East Granby, East Windsor, Region 8, Ridgefield, and Stratford Boards of Education. z Provided a new board member orientation for the Hartford Board of Education.

y helping school boards B to increase student achievement:

z Participated in Feedback Session for The Preliminary Draft of the Connecticut Standards for Remote Learning for Grades 9-12. z Sent two issues of “Policy Highlights” via e-mail list serve covering topics that affect student achievement. Included topics pertained to guidance issued to remote learners and access of recruiters to students

SPECIAL EDUCATION

(continued from page 1)

• Mediation Meaningful Participation in the Planning and Placement Team (PPT) Process • Parent Involvement • Evaluation Timelines • Free Appropriate Public Education (FAPE) at 3 Special Education Identification and Discipline Processes

required. z Presented on Lighthouse Project to the Plainville Board of Education.

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

z Prepared materials, as part of the Custom Policy Service, for New Haven, Region 15, and Preston. z Revised policies in the master resource file of policies and in the online Core Manual. z Prepared a policy status report for Ansonia.

y providing services to B meet member needs:

z Met with representatives of the Connection Conference of Municipalities on upcoming webinar on Leading with Civility on Divisive Issues. z Provided Roles and Responsibilities workshop for the Canton Board of Education. z Revised policies, as part of the Custom Update Policy Service, for New Fairfield, New Hartford, Newington, and East Hampton. z Mailed January Edition of the Policy Quarterly Update to Update subscribers. z Provided facilitation to review code of ethics for the Plainville Board of Education. z Provided facilitation for the administrative team of the New Milford Public Schools.

y helping districts operate B efficiently and conserve resources:

z Posted policies online, as part of the C.O.P.S. Program for Avon, Barkhamsted, Bethel, Brooklyn, East Hampton, Monroe,

• Suspension/Expulsion • Disproportionate Representation • Disproportionate Representation by Category Next steps in the process include: • The CT Department of Education submits the SPP/APR by February 1, 2022 • Initial Office of Special Education Programs (OSEP) Review (February/March) • CSDE Clarification Period (April) • Final Document posted on SPP/

Newington, New Fairfield, New Hartford, Norfolk, Portland, Preston, Region 18, Ridgefield, Voluntown, Windham, Westbrook, and the CABE Core Manual. zA ssisted Sterling with its superintendent search. zR esponded to a variety of legal inquiries from members.

y promoting public B education:

z Hosted CABE Ad Hoc Diversity, Equity and Inclusion Committee meeting.

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

z Attended CASEL Social Emotional Learning webinar. z Attended COSA State Counsel meetings. z Attended a COSA Labor/ Employment Committee meeting. z Attended meetings of DPH/SDE. z Attended Connecticut Society of Association Executives’ (CSAE) webinar. z Attended National School Public Relations Association (NSPRA) webinar.

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

z Participated in meetings of SDE’s Minority Teacher Retirement Policy Oversight Council and its Advocacy Subcommittee. z Attended meetings of the NSBA organization representing state association executive directors. z Hosted CABE Area Directors’ Orientation. z Attended NSBA Board of Directors APR website (June) •F all of 2022 (Review Data / Evaluate Progress) -Stakeholder Update. Further information is available at the SPP/APR website: State Performance Plan (SPP) and Annual Performance Report (APR) (ct.gov) Representative Cristin McCarthyVahey, Representative Jennifer Leeper, Representative Laura Devlin and members of the Stratford, Greenwich and New Canaan Boards of Education at the Area 6 Legislative breakfast.

meeting and Leadership Update. z Attended SDE/DPH webinar on COVID response. z Attended SDE’s Educator Evaluation and Support discussion. z Participated in SDE’s Partners’ meeting (CABE, CAPSS, CAS, CEA, AFT-CT). z Attended SDE’s Accelerate Connecticut Taskforce meeting. z Participated in meeting of Steering Committee of the Campaign for a Working Connecticut. z Attended State Board of Education meetings. z Prepared letters to Governor, legislative leaders, and Commissioners on the need for state level guidance on school health issues. z Attended legislative breakfasts in CABE Areas 1, 3, 7, 8, and East Hartford. z Provided legislative update to CREC Council. z Attended CAS Board of Directors meeting z Met with The Day editorial board. z Attended Family and Community Engagement Roundtable. z Attended Social Emotional Learning Task Force meeting. z Participated in Special Education State Performance Plan/Annual Performance Report Stakeholder meeting. z Chaired meeting of the Digital Advisory Council for the Connecticut Commission for Educational Technology. z Participated in two New England School Public Relations Association (NESPRA) Board meetings. z Participated in NESPRA membership meeting. z Participated in NSBA Convention Managers meeting.

The Journal – Connecticut Association of Boards of Education | March, 2022

13

CABE Board Chair Check-In Patrice McCarthy

Deputy Director and General Counsel, CABE

During the January CABE Board Chair Check-In, school board leaders, many serving in the role of Chairman for the first time, received guidance, advice and support from a panel of experienced Board leaders – CABE President Liz Brown (Waterbury) who previously served as chair of her board; CABE Immediate Past President Donald Harris, Bloomfield Board Chair and member of the State Board of Education; and Michelle Embree-Ku, former chairman of the Newtown Board of Education. Panel members responded to a series of questions in a facilitated discussion, as well as to issues raised by attendees. When asked to identify one thing that helped them when they began service as board chair, responses included: • Take time to familiarize yourself with the district. Do not assume you know how the district works - this is a complex organization. • Learn the basics of Robert’s Rules. • Rely on the wisdom of former chairs - they can be a resource and a role model. They also offered guidance on

strategies to address a variety of challenging situations. • Be consistent in following policies, such as those involving public participation. • Have a roles and responsibilities workshop so all members have a common understanding of their roles. • Stay in your lane. Remember you have no more power than any other board member. • The chairman sets the tone for a board being non-political and objective. You can demonstrate this by appointing committee chairmen based on expertise, not party affiliation. • Read the board’s mission statement at the beginning of each meeting to remind members and the public that the board focuses on students. • Create a calendar of regular reports that the board will receive, so board members know when they can anticipate specific data. Liz, Don and Michelle all acknowledged that these are extraordinarily challenging times to lead a board, and gave their personal commitment to support board leaders at any time. They agreed that a skilled superintendent, strong board and CABE resources will help board chairmen meet the challenges.

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The Journal – Connecticut Association of Boards of Education | March, 2022

Understanding Connecticut’s FOIA

Practical Issues Regarding Quorums and Meetings Mark J. Sommaruga, Esq. Pullman & Comley, LLC

People ask me all the time about when a gathering of what seems just to be a “few” constitutes a meeting under Connecticut’s Freedom of Information Act (“FOIA”), which would trigger those pesky requirements to post and conduct meetings in public. Here are some commons questions and hopefully some practical answers. What exactly is a quorum? While there is no definition in the FOIA, a quorum is generally considered to be a majority of the members of the agency at issue (whether it is the board of education itself or a subcommittee of the board); however, it is not uncommon for a board to have a bylaw that specifies what constitutes a quorum. Must board members be physically present for there to be a quorum? While we are awaiting further legislative action with respect to making pandemic-era remote meetings provisions a permanent part of the FOIA, a quorum includes both those present in person and those participating remotely (e.g., via “Zoom”). Why is the existence of a quorum so important under the FOIA? The FOIA’s “meeting” definition covers 1) “any

hearing or other proceeding,” 2) “any convening or assembly of a quorum,” and 3) “any communication by or to a quorum …, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power.” So, do you need a quorum to have a meeting under the FOIA? The answer has been generally “yes, but.” The above FOIA meeting definition generally applies to situations where there is a quorum of board members present and discussing/acting upon board business. Further, as implied by the reference to communications “by means of electronic equipment,” the FOIA’s meeting definition also could cover a series of telephone calls or “telephone polling” (or a series of e-mails or “e-mail polling”) by and between a quorum of board members concerning board business. As we have noted in the past, the FOIA’s “meeting” definition also includes “any hearing or proceeding” of an agency, which, unlike the rest of the definition, does not require the presence of a quorum. However, in the absence of some sort of board authorized proceeding (for example, a public hearing on the budget or some other issue, or a board authorized

evidentiary proceedings), or in the absence of action by the board to empower a non-quorum grouping to act on behalf of the board (or to otherwise create a real or de facto committee), a quorum generally is still needed to trigger the FOIA open meetings requirements. Board members as “guests” or attendees at other meetings? There is an exception to the FOIA’s “meeting” definition for circumstances where there is a quorum of the members of a public agency who are present at any event that has been noticed and conducted as a meeting of another public agency. In those circumstances, that event is not deemed to be a meeting of the public agency of which they are members as a result of their presence at such an event. For example, if a majority of the board of education happens to be in attendance at a meeting of the board of finance, such a meeting does not have to be noticed and posted by the board of education. Obviously, those board of education members in attendance could not conduct board of education business (or take action on behalf of the board) while attending the board of finance meeting. But what about committees and board member attendance? This is a frequently asked question. For example, what would happen if there was: 1) a nine-member board of education, 2) a three-member board of education policy committee, and 3) two board

of education members who were not policy committee members attending that committee meeting? For purposes of the FOIA, the board committee is considered to be a separate and distinct creature that is itself subject to the FOIA and is (among other things) responsible for posting its meetings. As noted above, the fact that a majority of one agency (here, the board of education) happens to be present at a meeting of a duly noticed meeting of another agency (here, the board’s policy committee) does not create a meeting of the board of education. Those two board members have the same right to attend the board meeting as any member of the public. However, if the two board members begin to participate actively in the committee’s business (beyond the same participation/ comments allowed for members of the public at large), the Connecticut Freedom of Information Commission may find that the policy committee meeting has turned into a de facto (and illegally unnoticed) meeting of the full board of education. As such, be careful. Please note: It goes without saying that it generally could be problematic if the committee invited these attending board members into its executive sessions. Attorney Sommaruga is the author of “Understanding Connecticut’s Freedom of Information Act” (5th Edition 2018).

CABE VP for Government Relations Meg Scata (Portland) testified before the State Board of Education on the importance of relying on health metrics to guide decisions on mask requirements in schools.

The Journal – Connecticut Association of Boards of Education | March, 2022

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Excerpts from Secretary Cardona’s Vision for Education in America In a major address at the Department of Education, U.S. Secretary of Education Miguel Cardona laid out his vision for continued recovery U.S. Secretary of Education through the MIGUEL CARDONA pandemic and his priorities for broader investments in America’s education system to ensure all students can succeed and thrive. During the address, Secretary Cardona discussed key strategies the Department, schools, and colleges and universities must take to help students, educators, and school communities – from preschool through postsecondary education – continue to recover from the pandemic and address inequities that have long existed in our education system. “Reopening schools — and keeping them open — while critical, is insufficient. Our hardest and most important work lies ahead,” said Secretary Cardona in the address. “Our students’ success is at stake. Not just the students we serve today, but for those who have yet to be born. Our task is not only to improve our education system from where it was before the pandem-

ic, but also to take bolder action to elevate it to lead the world.” During his remarks, Secretary Cardona underscored the work the… Administration has done to help nearly all schools reopen for in-person learning over the last year. When President Biden assumed office, just 46 percent of America’s schools were open fulltime in person. Today, 96 percent are open. Because of the American Rescue Plan, guidance from the Department of Education and Centers for Disease Control and Prevention, expanded access to tests and testing resources, and the hard work of educators, families, district leaders, and school communities, America’s students have returned to classrooms across the country. And while the Department continues to focus on keeping schools open, it is also focused on strategies to help students make up for lost instructional time, access the mental health supports they need, invest in our educators, and make improvements in our education system to address inequities that existed long before the pandemic. Secretary Cardona laid out how the American Rescue Plan is supporting these efforts now, and how additional investments in our education system can make even greater improvements in our schools and communities. He identified key actions in four

priority areas that will guide the Department’s work over the coming months and years: • Supporting students through pandemic response and recovery; • Engaging families as core partners to educators; • Addressing missed instruction through intensive tutoring, extended learning time, and other evidence-based practices; • Increasing access to social, emotional, and mental health supports for all students; • Encouraging every student to participate in at least one extracurricular activity; • Boldly addressing opportunity and achievement gaps; • Increasing funding for Title I schools and for IDEA in order to close gaps in access to educational opportunity; • Providing every family the opportunity to start on a level playing field through free, universal pre-K and affordable high-quality child care; • Investing in, recruiting, and supporting the professional development of a diverse educator workforce, including special education teachers, paraprofessionals, and bilingual educators so education jobs are ones that people from all backgrounds want to pursue; • Challenging states and districts to

fix broken systems that may perpetuate inequities in our schools; •E nsuring pathways through higher education lead to successful careers; •R eimagining the connection between PK-12, higher education, and workforce; and •C ollaborating with the Department of Labor and Department of Commerce to invest in career preparation programs that meet the needs of today’s economy. To view a transcript of Secretary Cardona’s remarks, visit https://www. ed.gov/news/speeches/priorities-speech. Secretary Cardona is the former Commissioner of Education in CT.

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. • CABE Student Leadership Awards.

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The Journal – Connecticut Association of Boards of Education | March, 2022

Trusted Legal Counsel in Extraordinary Times Now more than ever, school districts, their boards of education and their administrators are turning to Pullman’s School Law practice for informed, accurate and timely information on the unprecedented legal issues they face as a result of COVID-19. During this time as always, our attorneys prioritize accessibility to our clients, responsiveness to client concerns and our availability to answer questions. Please contact us if you have any have any matters you would like to discuss.

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