The CABE Journal - November 2022

B C

www.cabe.org

Vol. 26, No. 10

November, 2022

Robert Rader to Receive Friend of Public Education Award

CABE/CAPSS Convention Committee Announces Saturday Morning General Session Speaker

Patrice McCarthy

Executive Director & General Counsel, CABE

Robert Rader

School Boards Association (NSBA) publications and in the Connecticut Society of Association’s Source. He is the primary author of Leadership for State School Boards Associations, an NSBA publication, and he was the key author and developer of The School Board of the Future.

See ROBERT RADER page 8

Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

something that contributes toward retention, growth and the professional learning of our staff, Ruffin said. “You have to measure that over time.” The program can help a paraprofessional become a teacher; a teacher with a bachelor’s degree earn a master’s; and an administrator who wants to add extra credentials in certain areas, such as classroom management or how to meet the social and emotional needs of students.

Board President Ann Sweeney said “Waterbury U is a serious investment in quality education in Waterbury Public Schools to retain current staff and attract new hires.

Not only does it recognize and reward current staff for their commitment to Waterbury public schools and their own professional growth, it serves as an incentive to attract new hires who are equally committed to their

What do the worlds of music, particularly conductors, and school district leaders have in common? It turns out there is more than you may think!

Craig Hlavac Join us Saturday morning for a lively session presented by Dr. Craig Hlavac. Dr. Hlavac is the Associate Dean of the Liberal Arts (Arts, Humanities, Social & Behavioral Sciences) at Southern Connecticut State University (SCSU).

Previously, he served as Associate Professor and Chair of the Music Department at Southern. For the past 15 years, Dr. Hlavac has also been the director of the University Band at SCSU. He received a Bachelor of Arts in Music and Bachelor of Science in Music Education from the University of Connecticut, a Master of Music from Yale University, and an Ed.D. in Educational Leadership from the

See WATERBURY EDUCATOR page 3

See SATURDAY SPEAKER page 8

Waterbury Educator Career Development Initiative Patrice McCarthy

Executive Director & General Counsel, CABE

The Waterbury Board of Education has landed a new career development program for teachers and paraprofessionals, providing an innovative higher education opportunity. Up to 800 educators in the school district will be able to earn graduate credit for free through Waterbury U, an initiative to combat a teacher retention crisis.

Waterbury U will be an optional professional development opportunity in which educators can gain microcredentials that could lead to a master’s degree and salary advancement, Superintendent Verna Ruffin said. It will complement district-required professional development. The district is using some of its federal American Rescue Plan Elementary and Secondary School Relief funds to provide the program in partnership with BloomBoard, an educator-advancement platform.

Ruffin described Waterbury U as “an investment in paraprofessionals and teachers. How we measure the outcome at the end of this year is going to tell us whether this is really

inside

Bob Rader, former CABE Executive Director, will receive the 2022 Connecticut Association of Boards of Education Friend of Public Education Award, which will be presented at the Annual CABE/CAPSS Conference at the Mystic Marriott on November 18. Bob served as CABE’s Executive Director since 1996 until his retirement in early July.

Bob has presented numerous workshops on issues of importance to boards of education, nationally and statewide and has authored hundreds of articles that have been published in the CABE Journal, various National

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CABE Welcomes New Staff Member

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CABE Visits the Amistad

8

School Safety Resource

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

What’s Going On? Liz Brown

President, CABE

The Connecticut Labor Department reported in August 2022, that there were over 105,000 job openings across multiple private and public sectors in Connecticut.

School districts are living this phenomenon with a very real and relentless teacher shortage. I’ve served on the Board of Education in Waterbury for 11 years and historically teacher shortage areas were special education, the sciences and math. Today, teacher shortages seep into many more academic areas, as well as mental health and social work professionals.

What’s going on?

Quite simply, higher education reports fewer students enrolling in teacher preparation programs. The number of new teacher candidates has been gradually going down for quite a few years, but the COVID-19 pandemic really exacerbated the problem. It is not unusual to hear that a school somewhere in Connecticut had to close for a day (or more) because there were not enough staff to allow the school to open.

Districts respond in many innovative ways to recruit and retain teachers; higher pay, smaller classrooms, more support staff, updated facilities and other incentives.

But districts realize that a strong partnership with the state is crucial to long term solutions. CABE advocated and supported major legislation to address the multi-faceted teacher shortage in the 2021-2022 Legislative Session.

The State Office of Legislative

Research examined laws passed in the 2021-2022 Session addressing retention and recruitment of teachers and other systems issues to attract teachers to the profession. The laws will: 1) ease teacher certification requirements; 2) create financial teaching incentives; 3) establish teacher recruitment incentives focused on diversity and the Alliance Districts in particular; and 4) study the overall issue and explore possible solutions.

Highlights include: • alternate methods by which candidates for bilingual teacher certification can meet competency requirements (PA 21-144); • allow more students enrolled in an Alternative Route to Certification (ARC) program to teach in Connecticut Public Schools (PA 21-144); • direct SDE to study a multiple measures approach for demonstrating mastery of content area to obtain certification (PA 22-2); • direct SDE to review current certification statutes and regulations to streamline and reduce unnecessary barriers (PA 22-80); • direct Connecticut Higher Education Supplemental Loan Program to establish a Teacher Loan Subsidy Program (PA 2162); • establish a minority teacher scholarship program (PA 22-80); and

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 • establish a minority residency program for paraprofessionals and or associate instructor teaching in an Alliance District and requires 10 percent of additional ECS dollars to fund the initiative (PA 21-2).

In addition, several task forces were established to develop recommendations to diversify the educator workforce and address teacher retention and recruitment (PA 22-80). CABE has a seat at the table!

CABE’s advocacy efforts are successful when board members engage in the legislative process!

Personal relationships with local legislators are the most effective way to impact state policy. The 2023 Legislative Session starts in January and now is the time to talk to legislators about important educational issues facing our districts. CABE Area Directors will host legislative meetings across Connecticut.

Please plan to attend and speak up for public education!

The CABE Delegate Assembly and CABE/CAPSS Convention will take place in November with the purpose to inform and energize boards and superintendents. I hope to see many of you there. We have important work to do!

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 | A rea 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 | A rea 9 Co-Director, New London ASSOCIATES Eileen Baker | Associate, Old Saybrook Ann Gruenberg | Associate, Hampton Anthony Perugini | Associate, Cheshire Robert Mitchell | Associate, Montville 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 A. J. Johnson | City Representative, Hartford Yesenia Rivera | City Representative, New Haven Andy George | City Representative, Stamford STAFF

Patrice McCarthy | Executive Director and General Counsel Nicholas Caruso | Senior Staff Associate for Field Services and Coordinator of Technology Sheila McKay | Senior Staff Associate for Government Relations Lisa Steimer | Senior Staff Associate for Professional Development and Communications Conrad Vahlsing | Senior Staff Attorney Wendy DeBarge | 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 | A dministrative Associate for Digital Communications 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.

CABE staff participated in a retreat in September. The day’s schedule included working together to navigate a corn maze.

The Journal – Connecticut Association of Boards of Education | November, 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 JCJ Architecture Kainen, Escalera & McHale, P.C. Newman/DLR Group SCHOLAR Brown & Brown Chinni & Associates, LLC Coordinated Transportation Solutions Dattco, Inc. ESS The Lexington Group Public Agency Retirement Services (PARS) 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) Cambridge International Capitol Region Education Council (CREC) Connecticut Alliance of YMCAs Connecticut Arts Administrators Association Connecticut Association of School Business Officials (CASBO) Connecticut School Buildings and Grounds Association (CSBGA) Connecticut School Counselor Association 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 Live Girl Odyssey Community School, Inc. Relay CT The Bridge Academy

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EXECUTIVE DIRECTOR COMMENTARY

Personal Connections Patrice McCarthy

Executive Director & General Counsel, CABE

The new school year is well underway with classes, student activities and boards of education reviewing strategic plans and setting goals.

Superintendents and board members have reported that this has been the best school opening in years, with students and staff energized to continue learning and teaching.

The benefits of personal connections became more apparent when we were all operating in a virtual environment.

Despite ongoing shortages of staff –

WATERBURY EDUCATOR

(continued from page 1)

professional growth. It’s roll out status under ARP grant funding allows us to provide incentive during this critical shortage without creating a budget cliff while we assess results for future budget consideration.

Waterbury U also speaks to the boards’ commitment to Waterbury’s Portrait of a Graduate to create lifelong learners. Waterbury U will provide Waterbury students familiar faces that exemplify lifelong learning. The board is excited to see where Waterbury U

Meeting of Interest n State Board of

Education November 2, 2022: 9:30 a.m.

Plaza North Conference Room C and D

teachers, paraprofessionals, bus drivers – creativity and resiliency dominate in our school districts.

The CABE/CAPSS Convention will provide an energizing experience for board members and superintendents. Returning to a full in person event, with no cap on registration, is a welcome opportunity to reconnect with colleagues. The formal professional development opportunities provided in keynote sessions and workshops will be enhanced by the networking that takes place throughout the event. We all know that coming away with one good idea makes attendance at any will take us.”

Liz Brown, CABE President and a member of the Waterbury Board of Education, said “I can’t think of a better use of ESSER dollars then an investment in teachers and paraprofessionals. Providing opportunity for career advancement to our dedicated staff, demonstrates appreciation for all their hard work and commitment to students.”

Waterbury, like most school districts in Connecticut and around the country, faces annual educator shortages. This unique opportunity can help paraprofessionals become certified, and serve as an incentive for teachers to remain in the district.

Other strategies used in Waterbury to recruit and retain educators include working with the colleges and universities to create easy access to courses, work on degree programs and certification, alternative certifications and advertising through social media platforms.

The district also participates in the NextGen Educators partnership with SDE, which brings college students into the classroom, and EdRising, a curriculum for high school students that encourages them to consider careers in education.

conference worthwhile.

The CABE staff always has a multitude of these ideas as we leave the Convention and plan how to enhance our support for boards of education. We will continue to face challenges in public education, and the CABE Executive Committee and full Board of Directors is committed to continue to work with the CABE staff to support each board of education as we move forward for ALL children.

CABE Welcomes New Staff Member Please join us in welcoming Wendy DeBarge to CABE! Wendy joined the staff as Coordinator of Wendy DeBarge Finance and Administration on October 3.

A graduate of Post University, Wendy comes to us with more than 35 years of experience in finance.

She says she is happy to be back in an office environment after working remotely for two and one-half years due to COVID-19.

Wendy will work closely with staff leadership, the Finance Committee, and Board of Directors to ensure CABE’s financial resources remain strong.

Welcome, Wendy!

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

An Expulsion Hearing in Nutmeg

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.

Last week, Mr. Superintendent sent an email to the members of the Nutmeg Board of Education, asking who would be available for an expulsion hearing. It is a busy time, and several of the Board members bowed out. However, after some cajoling from Mr. Superintendent’s administrative assistant, Board members Red Cent, Mal Content, and Bob Bombast all agreed to sit as the panel deciding the case. In advance of the hearing, Mr. Superintendent sent the Board members a copy of the hearing notice, which identified the student and stated that the reason for the expulsion was distribution of a controlled substance.

The hearing was last evening. Joe Blow, the accused student, was represented by local attorney Bill Alot. In his opening statement, Bill asked the Board members to have an open mind about the charges Mr. Superintendent had brought against his client. For his part, Mr. Superintendent simply asked the Board members to listen carefully to the evidence and do what is necessary to keep Nutmeg students safe from the scourge of drugs.

Mr. Superintendent presented his case by calling Al Assistant, the long-serving assistant principal at Nutmeg Memorial High School in charge of student discipline. On direct examination, Mr. Assistant testified that he had heard from a student that Joe Blow is a “dealer” who could “fix up” any student who is looking for “weed” or “ecstasy.” Mr. Superintendent then asked how Mr. Assistant investigated further, and he explained that he’d spoken informally with several students with whom he had a close relationship, and they told him unequivocally that Joe was known throughout the school for providing drugs to students.

Attorney Alot then started his cross examination. He asked Mr. Assistant if he had any direct knowledge of Joe Blow’s dealing drugs, and Mr. Assistant admitted that he did not.

Attorney Bill Alot then elevated his tone, asking Mr. Assistant if he had ever even bothered to ask Joe Blow to respond to these allegations. Mr. Assistant assured Bill Alot that he had interviewed Joe as part of his investigation, but that he found Joe’s denials unconvincing.

When cross examination ended, Mr. Superintendent rested his case, and the Board members asked Attorney Alot if Joe would be testifying.

“No need,” responded Bill Alot.

With that, the Board asked for closing statements. Mr. Superintendent stressed the importance of being tough on drugs, but Attorney Alot claimed that Mr. Assistant’s testimony was rank hearsay and that the Board members should reject the recommendation for expulsion.

The Board members then retired into private session to deliberate. Bob Bombast started the discussion with the observation that the Board members shouldn’t believe anything Joe says. Bob started to explain that his nephew had told him about some runins with Joe, but the other two Board members interrupted him, asking Bob if he has a conflict of interest and should recuse himself. But Bob simply said “Never mind” and redirected the discussion to the case against Joe. Bob told the other Board members that he found Mr. Assistant’s testimony quite credible, and he wondered aloud about what Joe had to hide by not testifying.

Red Cent enthusiastically agreed, but Mal Content disagreed. “Expulsion is a serious matter, and we need more than rumors to expel Joe. I can’t vote to expel.”

“Suit yourself,” Bob responded.

The Board members returned to the hearing room, reconvened in open session, and voted 2 to 1 to expel Joe. Did the Board members mess up?

• • • • • • • • • • • • The Board members’ vote was ineffective because Conn. Gen. Stat. § 10-233d requires that there be three affirmative votes in order to expel a student. However, the ineffective vote was only one of many problems in this case.

When board of education members conduct expulsion hearings (or student accommodation or transportation hearings), they perform a quasi-judicial function. As “judges,” board members are constrained by principles of due process, key elements of which are fair notice and impartiality.

Here, both the student and the Board members received notice of the hearing. Such notice to the student is required by statute, which regulates the content of such notice. It was appropriate for the Board members to receive a copy of the notice as well, so that they are informed of the identity of the student and can know whether any personal connections to the student would affect their ability to decide the case impartially. While board members should not discuss the case with the superintendent outside of the hearing, notice of the charges, without more, does not create a problem.

An impartial decision-maker is an essential element of due process.

Board members should not investigate the matter independently or talk on the side about the case with the superintendent or others. Rather, all information that board members rely upon to make a decision should be

presented at the hearing. If a board member brings into the deliberations information that was not shared during the hearing, the student (or the superintendent) would be denied the opportunity to know of and potentially challenge the information being shared.

Here, Bob started to describe other information he had received from his nephew about Joe Blow. The other Board members properly shut him down, but the question remained – could Bob be impartial? These matters are not black and white, and the law generally leaves the question to the individual board member – can he or she decide the matter without letting outside information affect deliberation on the matter? However, Bob’s statements during deliberations were concerning and could give Joe a due process claim.

Hearsay is reliance on a statement of a third party for the truth of the matter asserted. Mr. Assistant’s testimony was indeed hearsay, because he had no direct knowledge and offered what some students had said as proof of Joe’s guilt. The problem with hearsay is that the other party cannot effectively cross-examine the testimony because the person(s) with direct knowledge (whose hearsay statements are used) is not present to explain or answer questions.

The essence of due process is basic fairness, and extensive use of hearsay

can be unfair. Given these concerns, the rule for many years was that it was a due process violation to rely on hearsay to expel a student. In recent years, courts have been more tolerant of hearsay testimony in expulsion cases because of concerns for student safety. However, in the interest of a fair hearing, boards should permit hearsay testimony only when it is reliable Finally, we note that two Board members were ready to draw an adverse inference from Joe’s not testifying. Such an inference would be improper. The burden of proof in an expulsion hearing is on the superintendent, who must make the case for expulsion. To be sure, the standard in an expulsion case is that the superintendent must prove the case by a preponderance of the evidence, i.e., does the evidence make it more probable than not that the charges are true. Moreover, Joe’s testimony could help him by providing evidence of his innocence. However, Joe did not have the burden of proving himself to be innocent, and the Board members should have left whether Joe testified up to him and his lawyer.

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 | November, 2022

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It’s Personal Relationships fuel success.

We earn your trust by taking your success as personally as you do.

However you define value, Shipman delivers.

Shipman’s school law lawyers have over 50 years of experience, and represent over 100 public school districts, as well as public school member organizations and associations, on the broad range of legal issues that school districts confront. We call on lawyers experienced in school law, special education, employment law, labor relations, intellectual property, data privacy, construction and environmental issues, and business contracts to provide effective and efficient legal assistance for our clients.

It all adds up to a relationship that delivers added value for each of our school district clients.

Our Practice Group Co-Chair, Tom Mooney, has written A Practical Guide to Connecticut School Law, a comprehensive treatise on Connecticut school law, published by CABE and used by teachers, administrators and board of education members throughout the state.

Education is a core focus of our law firm.

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The Journal – Connecticut Association of Boards of Education | November, 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 providing opportunities B for members to learn how to better govern their districts: z Provided a Roles and Responsibilities workshops for the Westbrook and Woodstock Boards of Education. z Facilitated a workshop on setting vision for the Hampton Board of Education. z Provided webinars on Parliamentary Procedures and Roles and Responsibilities. Both are archived on CABE’s website. z Responded to 56 requests for policy information from 35 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 pertaining to Gifted and Talented Students, Narcan, Reporting of Child Abuse, Controversial Issues and Board Member Code of Conduct. z Participated in CABE DEI Committee meeting.

y helping school boards B to increase student achievement: zP resented the first module of Lighthouse training for the Montville Board of Education. z S ent two issues of “Policy Highlights” via listserv covering topics that affect student achievement. Topics pertained to New Social Emotional Learning Coalition; (SEL in District Policies); Strengthening School Community to Improve Student Achievement.

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

Deep River and Essex Boards of Education. zR evised policies, as part of the Custom Update Policy Service, for East Windsor, Gilbert School, New Fairfield, Sterling, Westbrook, and West Haven. z Responded to a variety of legal inquiries from members.

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

z Participated in calls with Connecticut education partners.

z Attended non-profit Best Practices webinar.

zF acilitated goal setting for Middletown Board of Education. zF acilitated board retreats for the East Hartford, Region #4, Chester,

z Attended the Governor’s press conference on indoor air quality funding.

z Attended Shipman & Goodwin legal update.

zA ssisting Colchester, New Milford, Somers, and Woodbridge in their superintendent searches.

y providing services to B meet member needs:

z Participated in calls with state association counsel.

z Facilitated Board Chair Check-In and Update.

z Attended a meeting of the National School Board Association Trainers Consortium.

zP rovided workshop on Board/ Superintendent relationships to an Administrative Certification graduate class for Sacred Heart University.

z Participated in calls with NSBA leadership.

z Attended virtual Council of School Attorneys fall meeting.

zP repared materials, as part of the Custom Policy Service, for Region 15 and Sharon Center School.

y promoting public B education:

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

y helping districts operate B efficiently and conserve resources: z Discussed barriers to regional cooperation with SDE staff. z Facilitated Professional Development Mandates Working Group meeting. zP osted policies online, as part of the C.O.P.S. Program for Bethel, Bolton, Bristol, Brooklyn, Canterbury, Danbury, Granby, ISAAC, Norfolk, Preston, Region 4, Somers, and Westbrook.

z Provided legislative update to CREC Council. z Attended Discovering Amistad board of directors meeting. z Participated in DPH/SDE calls. z Participated in Social Emotional Learning Council meetings. z Participated in Connecticut Bar Association Civics Education Committee meeting. z Attended CAPSS Board of Directors meeting. z Attended a meeting of the Connecticut Commission for Educational Technology. z Participated in meeting of State Association Convention Managers.

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

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CABE Visits The Amistad Patrice McCarthy

Executive Director & General Counsel, CABE

Nicholas Caruso

Sr. Staff Associate for Field Service and Coordinator of Technology, CABE

CABE Executive Committee members and staff recently had the opportunity to have a tour of Connecticut’s official flagship, the Amistad when it was docked in Middletown. This was an extremely educational experience, with our tour led by Chris Menapace, Director of Education for Discovering Amistad.

Built in Mystic Seaport in the year 2000, The Amistad is a 128-foot replica of the schooner that was the scene of the uprising of slaves in 1839.

In 1839, Mende captives from Sierra Leone took control of the Amistad. Unable to navigate back to Africa, the ship was captured off the coast of Long Island and towed into the port of New London Harbor in Connecticut.

The Mende were faced with slavery or execution, and their cause was taken up by many residents throughout Connecticut. U.S. Circuit

and District courts ruled in favor of the Mende. The captives were represented in their cause by attorney Roger Sherman Baldwin, who would later be Governor of Connecticut.

This case was then appealed to the U.S. Supreme Court by President Martin Van Buren and in 1841 the court agreed with the lower court decisions and the Mende captives were ordered freed. Former President John Quincy Adams was part of the captives’ defense team at the Supreme Court. The story of the Amistad addresses the same concepts of freedom, power, justice and equality we face today.

The educational programs connected on the Amistad are run

by Discovering Amistad, a nonprofit educational organization that provides year-round programming for students and adults. CABE Senior Staff Associate for Field Service, Nick Caruso, serves on the Discovering Amistad Board of Directors and said, “The Amistad story was a significant one in United States history, and was rarely taught in Connecticut’s schools,

or anywhere else, until recently. To discover this noteworthy part of American history and to be able to share this story with students and adults across the state and country; and to be able to help bridge the story to today’s world is a significant part of Discovering Amistad’s mission. It was a wonderful experience to share the story, and the ship, with my colleagues on the CABE staff and members of our Board of Directors.”

Discovering Amistad was established in 2015 and has welcomed thousands of visitors aboard the tall ship, in addition to in-school and online learning opportunities, as well as partnerships to address social justice and promote diversity.

You can find more information on Discovering Amistad at their website, www.discoveringamistad.org.

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

School Safety Resource Patrice McCarthy

Executive Director & General Counsel, CABE

The National School Boards Association recently released the

ROBERT RADER

(continued from page 1)

Bob is a Past Chairman of the National School Boards Association’s Liaison Committee, which represents all state association executive directors in working with NSBA. He is a member of the American Society

SATURDAY SPEAKER

(continued from page 1)

University of Hartford.

An active orchestral trumpeter and freelance musician, Dr. Hlavac has performed with the New Haven Symphony, the Bridgeport Symphony, the Wallingford Symphony, the Hartford Pops Band, the Hartford Brass Ensemble, the New Haven Brass Ensemble, and alongside the Yale Glee Club, the Yale Camerata, the Connecticut Chamber Choir, the Cape Cod Chamber Music Society, and many others.

publication “Fostering Safer Schools: A Legal Guide for School Board Members on School Safety.” The guide provides a legal perspective on student mental health, crisis management,

working with law enforcement including SROs, and liability. The guide is designed to give school board members as local policy members an overview of best practices and

available resources.

The guide is available for free at www.nsba.org/-/media/NSBA/File/ legal-fostering-safe-schools-guide.pdf.

of Association Executives and past president of its Connecticut branch, CSAE. In 2008 he received the CSAE Executive of the Year Award.

Bob also is a member of the Board of Directors of the Connecticut Regional branch of the AntiDefamation League.

Bob Rader attended public school on

Long Island. He has a B.S. in Industrial and Labor Relations from Cornell University and a J.D. from Albany Law School of Union University.

Before coming to Connecticut, Bob worked at New York State School Boards Association (NYSSBA) in a variety of positions, including Legislative Representative, Director of Risk Management Services and Director of and Counsel for Policy and Employee Relations Services.

CABE’s Board of Directors has awarded the Friend of Public Education Award sixteen times since it was established in 1997. The award is given to those men and women who have worked to support public education in Connecticut and are not eligible for other CABE awards. Past recipients of the award

are Theodore Sergi, Pat Luke, John Allison, Tom Mooney, Lori Aronson, Bob Frahm, James Comer, Betty Sternberg, George Coleman, David Nee, Virginia Secombe, Anne Bryant, Karissa Niehoff, Joe Cirasuolo, Dianna Wentzell and the Departments of Education and Public Health.

CABE President Liz Brown stated “Bob joins outstanding former recipients of CABE’s prestigious Friend of Education award who were dedicated to excellence in public school education and who left a lasting legacy of accomplishments.”

Patrice McCarthy observed “Bob maintained his commitment to supporting boards of education in their efforts to meet the needs of all students throughout his career.”

A frequent educational leadership clinician and presenter, Dr. Hlavac has delivered presentations throughout the country. He is also an advisory board member for The Department Chair, the premier academic department chair journal. Dr. Hlavac’s research interests focus on the use of organizational and departmental missions to prioritize decision-making and the utility of mission-based management in the administration of the contemporary university.

Join us on Saturday morning for what promises to be a great session!

“Leadership and learning are indispensable to each other.”

– John F. Kennedy

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

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

CABE LEGAL ISSUES WORKSHOP

Pullman & Comley Attorney Melinda Kaufmann Shipman & Goodwin Attorney Rich Mills CABE Sr. Staff Attorney Conrad Vahlsing present- CABE 1st Vice President Leonard Lockhart (Wind- presented Achieving Equity – Title IX and Trans- presented Collective Bargaining in Uncertain gender Students.

Economic Times. ed A New Era for Religion in Public Schools. sor) welcomed participants to the program.

FALL MEETING OF SUPERINTENDENTS’ ADMINISTRATIVE PROFESSIONALS

CABE Executive Director and General Counsel Patrice McCarthy provided a session on Legal Issues.

Personal Euphoria Owner Maggie Downie provided a session on Finding Your Motivation to Move.

BALDWIN MEDIA & CABE WORKING TOGETHER FOR YOU!

Participants broke into groups to discuss a variety of issues – Best Practices; Communications with Families and the Community, and Resources for New Administrative Professionals.

JUST RELEASED...

Did you know that as a CABE member, your District has 24/7 access to the strategic communications services of Baldwin Media?

Understanding Connecticut’s Freedom of Information Act Fifth Edition

With more than 20 years of experience working with public schools, don’t do it alone.

THE MEDIA IS CALLING.

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

ARE YOU PREPARED? Over the years, Ann has partnered with countless Boards of Education and Superintendents navigate through a variety of issues, from getting out in front of budget referendums, personnel issues, social media challenges, school safety, etc.

Assisting with district messaging for internal and external stakeholders and serving as the conduit between your “issue” and the media, she is here to help you manage the message.

If she can help you with a simple phone call, there is no cost to you. If the issue is more complex, then you can decide to access her expertise and additional services by contracting through CABE. BALDWIN MEDIA HAS WORKED WITH CABE FOR MANY YEARS AND HAS A PROVEN TRACK RECORD OF SUCCESS AND A PASSION FOR WHAT WE DO.

Ideal for school districts, municipalities, state agencies and other public agencies!

CONTACT: BALDWIN MEDIA ANN BALDWIN: PRESIDENT/ CEO ANN@BALDWINMEDIA.NET (860) 985-5621

The Connecticut Freedom of Information Act (“FOIA”), often called the “Sunshine Law, is a series of laws that guarantee the public access to meetings and records of governmental entities in Connecticut.

The FOIA also sets forth numerous exceptions to its open meetings and records requirements. Over the years, however, both the FOIA and its exceptions have often been misconstrued.

The new Fifth Edition has been updated to now include:  The latest statutory changes and important decisions concerning the FOIA  The latest developments concerning: ✓ law enforcement records ✓ school videos ✓ personnel records  Additional details regarding FOIA compliance

To order please visit the CABE online publication store at CABE.org

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

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THE POLICY CORNER

Govern Through Effective Policy All boards of education strive to govern their school system effectively. However, challenges still arise in school districts.

The most effective boards of education minimize problems through the proper utilization of policy which provides the required leadership in partnership with the superintendent.

Board Leadership

Board members must remember that they are elected to lead, not administer. Policy is the board’s leadership tool. The board speaks through its policies which provide guidance to the superintendent and his/her staff.

Therefore, the bylaw section of the board’s policy manual should contain a comprehensive bylaw that sets out the policy development process for the board. This process should contain the how, who and when of policy development, review, evaluation and revision.

When developing and adopting new or revised policies, the board needs to give consideration to the vision and mission of the school system. The policies should assist in the attainment of the vision and mission statements.

Boards should continuously ask, “How can we use our policy-making authority to cause our schools to become better?” Policy used creatively can result in responsible governance.

Policy helps to move the system in the desired direction.

Monitoring

After policy adoption and dissemination, it is important to monitor policy to determine that it is appropriately implemented and followed. Keep in mind that policy should not be considered merely as a set of suggestions; it is the “law” of the district.

Through policy statements, the board either mandates that something happens or permits something to happen that would otherwise not be permissible. Insist that policy be followed and establish a means to monitor the implementation of policy. In evaluating the effectiveness of board policies, in addition to determining if the intended results are being achieved, also consider if there are some unintended or undesirable consequences. Policies should be revised as deemed necessary.

Board policy provides the standards by which the district operates.

It is through policy that a board states what it wants to see happen or achieved and why. All too often, however, policy

manuals and the important information they contain are not appropriately disseminated. Just as it is important to involve people in decisions that affect them, it is equally important for boards to tell people about policies that may significantly affect them.

Students, their parents/guardians, in addition to the staff and the community, need the information contained in the board’s policies. Priority initially must be given to informing students and their parents/guardians

are not static.

Policy revision and updates must be viewed and embraced as an ongoing task for all boards of education.

This can be accomplished in a number of ways, such as an in-depth, thorough analysis of the policy manual, annual reviews using material provided by CABE’s Policy Update Service quarterly publication, and discussion of identified policy areas on a regular basis at board meetings. Many boards of education establish a policy committee

The policy manual… the governing document of the school district. about information contained in board policies and their accompanying administrative regulations. Many problems can be avoided by getting information to them before problems arise because of what they didn’t know.

The easiest and most effective way to make sure students and citizens have access to policy is to post policies online. CABE’s Connecticut Online Policy Service (C.O.P.S.) continues to assist boards in the posting of policy manuals online with easy to use searchability.

Another major vehicle used to disseminate such information remains the student/parent handbook. Policies critical to student success should be included in a handbook provided to students and their parents/guardians each year. Increasingly, these documents are also being placed online.

The policy manual should also be available in every public and school library and at the board offices.

Handbooks must be reviewed annually and updated as necessary to assure consistency with changes in board policies, administrative regulations, new or revised state/federal regulations, judicial decisions and changes in local procedures and practices. It should be determined annually which policies should be contained within the handbooks of all schools in the district and posted on school and district websites.

The Work Is Never Done

The job of policy development, like curriculum development, can never be considered to be finished. Policy is an ongoing and most important responsibility for all boards of education.

It is essential that school board policies be kept current. School board policies

to work with an administrator to develop and revise policies for action by the full board.

It is also important for the superintendent to develop written administrative procedures/regulations to assure the board that policies are being implemented fairly and con-

sistently. Administrative regulations or procedures provide guidance for administrators in uniform application of policy and procedures. Administrative regulations, also known as procedures, while not adopted by the board, provide the board with assurance that the superintendent understands and is striving to carry out the intent of the policy statement.

Remember, beyond the fact that the policy manual is a legal compliance document; it is also the governing document of the school district. This is the place that staff, students, parents and community members should be able to look to hear the voice of the board. The policy manual is the document that allows the board to make clear its leadership and direction for the district.

CABE’s Policy Services is prepared to assist you fulfill your important policy role. Give full attention to the challenge of making schools continuously better through a vision for an excellent school system and through policy development.

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 CABE at 860-571-7446 or email info@cabe.org for full details

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