The CABE Journal - November 2023 by Wilmarie Newton

We look forward to seeing you at the CABE/CAPSS Convention! B C

www.cabe.org

Vol. 27, No. 10

November, 2023

Commissioner Russell-Tucker to Receive 2023 CABE Friend of Public Education Award

CABE’s Delegate Assembly:

How to be Involved Patrice McCarthy

Executive Director & General Counsel, CABE

Patrice McCarthy

Executive Director & General Counsel, CABE

See COMMISSIONER page 8

CABE/CAPSS Convention:

Saturday Morning General Session Speaker Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

The CABE/CAPSS Convention Committee is pleased to announce that Barbara M. Hunter, APR, Executive Director of the National Barbara Hunter School Public Relations Association (NSPRA), will be the Saturday morning General Session speaker at the CABE/CAPSS Convention. Barbara is uniquely qualified to present the session, The Board’s Role in Communications, on Saturday morning. Before joining NSPRA as Executive Director in November 2020, she spent five years as the president/CEO of Hunter Communications LLC, based in Alexandria, Virginia. She also spent 14 years as the Chief Communications Officer in two school districts in Northern Virginia—Alexandria City Public Schools and Fairfax County Public Schools, the 10th largest in the nation. She started her career in school communications at AASA, the School Superintendents Association, as editor of The School Administrator magazine.

Barbara also served as the director of communications for the National School Boards Association. Under her leadership and with a phenomenal staff, NSPRA has increased its membership by 50 percent, now at more than 2,800. NSPRA has also increased its Seminar attendance by nearly 40 percent, with a record-breaking in-person attendance in 2023 of more than 1,500. Barbara was the inspiration and a primary contributor to NSPRA’s Rubrics of Practice and Suggested Measures, which now serves as the standard for evaluating school communication programs. She has earned dozens of awards and national recognition, including a Silver Anvil Award of Excellence from the Public Relations Society of America and a Gold Medallion from NSPRA for a

Who Is Included?

The assembly is made up of at least one voting delegate from each member school district in the state. Boards appoint their delegate(s) and submit the name(s) to CABE.

When Is Delegate Assembly Held? The Delegate Assembly is held the night before the Annual Conference. This year, it will be held at 3:30 p.m. Thursday, November 16, at the Mystic Marriott Hotel.

What Happens At Delegate Assembly?

The purpose of the meeting is to take action on proposed resolutions. These are the items the Resolutions Committee has put forth for the membership to vote on. Amendments to current resolutions are considered first, followed by proposed new resolutions. These items require a majority vote to be adopted. CABE staff and leadership also

See CONVENTION page 8

inside

At its September meeting, the CABE Board of Directors unanimously selected Education Commissioner Charlene Charlene Russell-Tucker as its Russell-Tucker Friend of Public Education Awardee for 2023. CABE has awarded the Friend of Public Education Award 16 times since its establishment 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. The Board expressed their appreciation for the Commissioner’s commitment to partnerships in order to provide infinite possibilities for all Connecticut students. The Commissioner recognizes the key role boards of education play in supporting student success. She is a strong supporter of student voice, both on the State Board of Education and in local districts, and focuses on the importance of social and emotional supports and family engagement. Governor Ned Lamont appointed her as Commissioner for the Connecticut State Department of Education in August, 2021. She previously served as the Department’s Deputy Commissioner, overseeing educational supports and wellness priorities, and as Chief Operating Officer and Division Chief for the Department’s Office of Student Support and Organizational Effectiveness. She also served as Associate Commissioner of Education

CABE’s Delegate Assembly is the annual meeting of our members. It establishes policies for the Association through beliefs and resolutions. These are used to provide direction to CABE staff, its officers, and committees throughout the year. Here are answers to the essential questions for you to be properly prepared and involved.

View From the Capitol

See DELEGATE ASSEMBLY page 8

Supporting a School District’s Governance Council

New England Regional Meeting

The Journal – Connecticut Association of Boards of Education | November, 2023 PRESIDENT COMMENTARY

Can We Talk About Trust? Elizabeth Brown President, CABE

October brings crisp air, and colorful scenes of bright orange and yellow trees dot the landscape — a reminder of transformation and expectations of changing seasons. As I write this column for the CABE Journal, my last as President, I have shared my thoughts on the importance of knowing Why we chose to run for local Boards of Education. Intertwined with the Why are reflection, integrity, civility, collaboration, a reverence for each person, and a commitment to humanity. Paramount among the principles and values is trust. It could be overwhelming to think about trust against the unbelievable, historic coup d’état of Speaker Mc-

View from the Capitol Sheila McKay

Sr. Staff Associate for Government Relations, CABE

Before there can be a view from the Capitol, there needs to be a view from the district. What’s working, what’s not, and what can be expanded upon? Yes, new programs need time to be implemented, but as that happens, are there issues? If a program has been in place for a while, does it need a review to catch an issue that could be changed? As always, crafting new budgets will work alongside these questions. When districts have concerns involving state programs and funding, there is strength in numbers. Are other districts experiencing the same issue, and can the districts work together to bring the issue to light? CABE uses the annual resolution process to highlight issues, and members set a legislative agenda in December. Consider being your district’s delegate to CABE’s annual Delegate Assembly on November 16, 4 p.m., at the Mystic Marriott Hotel in Groton.

Carthy in the United States House of Representatives and the declaration of war between Israel and Palestine. Trust is defined as “the assured reliance on the character, ability, strength, or truth of someone or something or one in which confidence is placed.” Now, more than ever, Board members must model and build trust among all community stakeholders to ensure public education continues to stand for trust in its mission to educate all students. More importantly, to prepare each student to understand the roles and responsibilities of being a citizen in a Democracy- a form of government dependent on trust among its citizens. Food for thought. In an excerpt from The Blaze, October 4, Auron Macintyre opines on the foundation of a democracy as a high-trust society. “A high-trust society can operate with remarkable efficiency because the people enforce the rules on themselves.” In non-trust societies, dictatorships, fascist, and communist governance structures, oppression of individual freedoms, and top-down military enforcement preclude the notion of trust. Citizens are individuals, not collective bodies, willingly taking responsibility for law and order. “When the social norms that allow for day-to-day cooperation break down, life becomes inconvenient in little ways at first, but if the slide is not arrested, eventually the entire system falls apart.” With the current political rancor and mistrust of our political system, 118 Republican Congressmen voted to overturn the legitimate election of President Biden, the violent insurrection on January 6 to overthrow the election results crushed the sense of trust in government. Newspaper commentators talk about heading for a true, “Gotterdammerung” (I definitely had to look that one up!), which literally means twilight of the gods, and figuratively, the term is extended to situations of world-altering destruction marked by extreme chaos and violence. Is this the state of our democracy? So, let’s talk about trust! Boards of Education can commit to being “trust builders” as community leaders through open, transparent governance

Mission: To assist local and regional boards of education in providing high quality education for all Connecticut children through effective leadership. Vision: CABE is passionate about strengthening public education through high-performing, transformative local school board/ superintendent leadership teams that inspire success for each child.

Board of Directors and community engagement. Intentional dissemination of the truth and facts is critical to building trust. At a recent Truth in Journalism Forum in Salisbury, CT, noted panelists, including Brian Ross, investigative correspondent; Kurt Andersen, author; John Coston, editor of the Lakeville Journal; and David Murrell and Jeremy Kareken, playwrights shared their views on the state of Truth in Journalism. Not very hopeful! When asked what percentage of truth is being presented in the news, respondents said maybe 50% or 68%. What has changed? “Some journalists thrive on being in show business; willful error-lies are being made to fit the theme, or it sounds better.” Moderator Ross asked the panelists where they thought the news industry would be in five years. Andersen said, “There are still those pillars of journalism seeking the truth, but the larger information world is troubling and troublesome.” This is the world our students live in! Boards of Education as Trust Builders is a heavy lift, a moral imperative, if you will, to safeguard democracy. In my two-year term serving as President of CABE, Boards of Education have dealt with many critical issues related to truth and have had to build trust to bridge the arguments. Opposition to wearing masks during the COVID epidemic, opposition to certain books in libraries or curriculum, opposition to mental health services for children, and attacks on LGBTQI students are attacks on trust in the education system. CABE stands with Boards and offers guidance and support during these difficult, divisive times. I am honored to have served as CABE President and had the privilege of meeting many “Trust Builders” in public education. Best wishes to those who are on the campaign trail! See you all in November at the Convention. Enjoy the beautiful fall!

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 Anthony Perugini | Member at Large, Cheshire 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 COMMITTEE CHAIRS Becky Tyrrell | Chair, Federal Relations, Plainville Laurel Steinhauser | Chair, Resolutions, Portland Jaime Barr Shelburn | Chair, State Relations, East Lyme CITY REPRESENTATIVES Joseph Sokolovic | City Representative, Bridgeport A. J. Johnson | City Representative, Hartford Yesenia Rivera | City Representative, New Haven Versha Munshi-South | City Representative, Stamford LaToya Ireland | City Representative, Waterbury STAFF

Patrice McCarthy | Executive Director and General Counsel Nicholas Caruso | Senior Staff Associate for Field Services and Coordinator of Technology Jody Goeler | Senior Staff Associate for Policy Service 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.

The Journal – Connecticut Association of Boards of Education | November, 2023

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 Solect Energy SCHOLAR Brown & Brown Chinni & Associates, LLC Coordinated Transportation Solutions Dattco, Inc. ESS Franklin Covey GWWO Architects The Lexington Group Perkins Eastman 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) Booker T. Washington Academy 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 New England Science & Sailing Foundation Odyssey Community School, Inc. Relay CT The Bridge Academy

EXECUTIVE DIRECTOR COMMENTARY

Leading from Why Patrice McCarthy

Executive Director & General Counsel, CABE

In the month that brings the election of new school board members and the annual CABE/CAPSS Convention, the 2023 Convention theme of “Leading from Why” is particularly relevant. Board members who have chosen to retire from their volunteer role can reflect on what brought them to board service and what goals they have achieved for their district’s students. Enhancing the curriculum, strengthening board policies, supporting the social and emotional needs of students, and advocating for funding are some of the achievements board members can be proud of. Boards of education did all of this during a pandemic! With campaign season behind them, newly elected board members can focus on their new role in the community and share with their colleagues their motivation to serve in

this important role. Veteran board members have the opportunity to reach out to their new colleagues and perhaps serve as mentors. Welcoming new board members and helping them become an effective, contributing member of the body will lead to a strong, productive board of education that works effectively with the superintendent as a leadership team. Every time there is a single change in board membership, the body becomes a new board. This is an ideal time to renew the board’s commitments to student success and to clarify the roles and responsibilities of the board and the superintendent. My “why” is to support the development of effective boards of education to ensure success for all our students. We look forward to supporting new and veteran board members through the many professional development activities at the CABE/CAPSS Convention, the New Board Member/ Leadership Conference in December,

and workshops with individual boards of education.

People in the News

Attorney Victor Muschell, a Past President of the Connecticut School Attorneys Council and a former member of the Torrington Board of Education, died recently. Attorney Muschell represented boards of education and also served on the State Board of Mediation and Arbitration and the Governor’s Arbitration Panel. He served as Torrington’s Corporation Counsel until the time of his death. CABE extends condolences to Attorney Muschell’s family.

Registration is OPEN!

2023 CABE/CAPSS Convention Friday, November 17 Saturday, November 18

Mystic Marriott Hotel, Groton

Join us as we learn together!

Leading from WHY

SCAN TO REGISTER

The Journal – Connecticut Association of Boards of Education | November, 2023 See You in Court – The Nutmeg Board of Education

Mal Gets a Text During a Board Meeting: FOIA and Text Messages 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. Mal Content, a longtime member of the Nutmeg Board of Education, was startled when he got a text in the middle of a Board meeting last summer. He tried to ignore the alert, but curiosity eventually got the best of Mal, and he opened and read the text. To his mild annoyance, the text was from his wife telling him that he should come straight home from the Board meeting instead of heading over to the diner with his fellow Democrats to debrief after the meeting. Nancy Newshound, ace reporter for the Nutmeg Bugle, saw Mal read the text during the meeting. As soon as the meeting was over, Nancy ran over to Mal and demanded to “inspect” a public record, namely the text that Mal had opened and read at during the meeting. Now Mal was really annoyed. “That text is none of your business, Nancy!” Mal responded. “I won’t be sharing the text with you.” But you read the text during a public meeting!” Nancy shot back. “As a member of the press, I have every right to see what you read at a Board meeting.” Mal’s annoyance turned to anger, and doing his best to control his frustration, Mal told Nancy, “This is my cell phone, paid for by me for my personal use. I will not be letting you rummage around my phone just to satisfy your idle curiosity!” “Have it your way,” Nancy ended the conversation with a menacing tone. The next day, Mr. Superintendent got a call from Nancy, demanding a copy of the text that Mal had read at the Board meeting the night before. Mr. Superintendent told Nancy that he had no idea what she was talking about and that he could not help her. Mr. Superintendent then called Mal to tell him about the call from Nancy. “She is such a pain,” Mal responded. “I already told her that I am not going to share the text with her. It’s my phone, and the text is none of her business.” Mr. Superintendent thanked Mal for the explanation, such as it was, and ended the call.

Mr. Superintendent and Mal figured that was the end of the issue, but unfortunately for them, it was not. Two months later and with no further warning, Nancy filed a complaint with the Freedom of Information Commission (FOIC), claiming that Mal had violated the FOIA by reading the text during the meeting and by denying her access to the text. Some weeks thereafter, the FOIC notified Mal of the complaint and of the ombudsman service of the FOIC, an informal mechanism by which an attorney or other staff member at the FOIC talks with the complainant and the respondent to explore whether the complaint can be resolved informally. After consulting with Mal, Mr. Superintendent decided that there was nothing to settle, and he asked Ms. Board Attorney to file an appearance in the case with the FOIC. When the hearing eventually convened, Nancy demanded that the text in question either be provided or, at the least, Mal be ordered to produce the text for in camera (i.e., private) review by the hearing officer. However, Ms. Board attorney moved that the complaint be dismissed. Should the hearing officer dismiss the complaint? • • • • • • • • • • • • Yes. The Commission should dismiss Nancy’s complaint on procedural grounds. More generally, however, this situation is a good opportunity to review the FOIA rules regarding texts received by a public official. First, the hearing officer should dismiss Nancy’s complaint as untimely. Section 1-206(b) of the FOIA provides that a person claiming that a public official has illegally denied him or her access to a public record or to a public meeting must file a complaint with the Commission within thirty days of such denial. Here, Nancy waited two months to file her complaint, and the Commission therefore lacks jurisdiction over Nancy’s complaint. More generally, both Mal and Nancy were incorrect in their arguments back and forth. To start, Mal’s observation that the text in question was on a cellphone that he had paid for is irrelevant. The FOIA defines a “public records or files” as: . . . any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded,

videotaped, printed, photostated, photographed or recorded by any other method. Conn. Gen. Stat. § 1-200(5). It does not matter where a public official creates or receives a text message, and texts that reside on Mal’s phone can be public records subject to disclosure under the FOIA. The same is true of emails written or received on personal email accounts. Not all such records, however, are records subject to the FOIA. As defined above, “public records or files” must relate “to the conduct of the public’s business.” In this context, that means that a text, email or other record created or received by a public official is a public record only if it relates to that public official’s official responsibilities. Here, the text in question was written by Mal’s wife asking that he not hang out at the diner after the meeting. The text in question, therefore, does not relate to the conduct of the public’s business, and, as such, is not a public record to which Nancy was entitled. Nancy also claimed that very act of reading the text during the Board meeting somehow violated the FOIA. Given that the text was not a public record, Mal’s reading the text did not implicate

the FOIA at all. Moreover, even if the text did relate to Board business, it is unlikely that merely reading the text would constitute a cognizable interference with Nancy’s access to the Board meeting because Mal did not share the text with other Board members. Had that occurred, it is likely that the Commission would indeed find a violation because members of the Board would be communicating privately among themselves during the meeting, effectively denying the public access to that part of the Board’s deliberations. Had Nancy filed her complaint in a timely manner, she would be entitled to receive a copy of the text message only if it related to the public’s business. However, determining whether a text message does or does not relate to the public’s business can involve more than taking Mal’s word for it. Mal is not (and should not be) required to disclose the text to Nancy to prove that it is not a public record. Rather, FOIC procedures include a process for in camera inspection by the hearing officer of disputed records. Under these procedures, the records are submitted See SEE YOU IN COURT page 9

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The Practical Guide to Connecticut School Law book, first published in 1994, is organized in seven chapters dealing with all facets of school district operation: • Board Organization, Authority and Responsibilities • Religion and the Schools • Teacher Employment, Evaluation and Dismissal • Students • Special Education • Collective Bargaining • Obligations of School Boards as Employer

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The Tenth Edition is updated with descriptions of important new developments in the law, including student free speech, teacher evaluation, bullying, curriculum and graduation requirements, board member training, and affirmative action. It comes with an electronic version that includes links that permit readers to access electronic resources, including judicial decisions, statutes, regulations, and state and federal guidance on school board obligations.

The Journal – Connecticut Association of Boards of Education | November, 2023

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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.

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The Journal – Connecticut Association of Boards of Education | November, 2023

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 Led monthly Board Chair Check-In. z Responded to 80 requests for policy information from 72 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 artificial intelligence, admission, armed security guards and exemption from instruction. Provided a policy overview as part of the So You Want to Be a Board of Education Member webinar. z Provided support to board members and central office administrators regarding policy matters.

B y ensuring members receive the most up-to-date communications: z Sent one issue of “Policy Highlights” via e-mail which provided a new model policy on Kindergarten Entrance and Play. z Facilitated a Policy Matters Roundtable. z Provided a presentation to the Montville Board of Education on new and updated policies to align with recent legislation and consider their impact

on resources and budgeting

B y helping districts operate efficiently and conserve resources: zP osted policies online, as part of the C.O.P.S. Program for Avon, Bethel, Bolton, Danbury, Derby, Granby, ISAAC, Killingly, Monroe, New Fairfield, New Hartford, Portland, Region 18, Ridgefield, Somers, Voluntown, Westport, Windsor, Woodbridge, and the CABE CORE Manual.

B y providing services to meet member needs: zP articipated in webinars for Board of Education Candidates. zM et with Berlin Board of Education to discuss CABE services. z S upported CABE Diversity, Equity and Inclusion Committee meeting. zR esponded to a variety of legal inquiries from members. zR evised policies, as part of the Custom Update Policy Service, for Newington, New Hartford, New Fairfield, Sterling, and The Gilbert School. z Prepared materials, as part of the Custom Policy Service, for Region 14, Stamford, Stratford, and Woodbridge. zP reparing a Policy Audit for the Fairfield Public Schools.

z Assisted Board of Education members with problems of practice related to overcoming obstacles related to a finance committee’s practice and filling a board vacancy. z Reviewed meeting of the Pomfret Board of Education to advise them on improving meeting protocols. z Responded to phone inquiries from several board chairs and superintendents on a variety of issues.

B y attending professional development to strengthen staff knowledge and skills:

rector, State Association and Association Counsel calls. z Participated in New England and New York school board association regional meeting. z Convened Education Mandates Working Group. z Participated in Special Education Task Force meeting. z Convened Funding Committee meeting. z Attended State Board of Education meeting. z Attended CAS Board of Directors meeting

z Attended NEASC webinar on Artificial Intelligence (AI).

z Participated in Certification Council meeting to update regulations.

z Attended ADL webinar on book bans.

z Participated in panel discussion on book banning at Temple Emanu-EL, Waterford and Quinnipiac Law School.

z Attended Department of Administrative Services (DAS) webinar on HVAC grants. z Attended online meeting on Artificial Intelligence (AI) in schools. z Attended webinar by Franklin-Covey on their Leader in Me program. z Attended workshop on Board Coaching and Consulting provided by the National School Board Trainers Group.

B y representing Connecticut school boards on the state or national level: z Participated in NSBA Executive Di-

z Attended CREC Council meeting. z Participated in a roundtable discussion, including various state stakeholders, on the topic of effectively utilizing AI in instruction. z Attended Connecticut Commission for Educational Technology meeting. z Attended Discovering Amistad Board of Director’s meeting. z Attended Discovering Amistad Ship Committee meeting. z Participated in New England School Public Relations Association (NESPRA) annual board retreat.

zC ompleted the high school principal search for the Groton Board of Education.

Patrice McCarthy, (center), CABE Executive Director and General Counsel, participaated in a panel discussion on book banning sponsored by the Sisterhood of Temple Emanu-El Justice Committee in Waterford.

The Journal – Connecticut Association of Boards of Education | November, 2023

8 COMMISSIONER

The Journal – Connecticut Association of Boards of Education | November, 2023

(continued from page 1)

DELEGATE ASSEMBLY

the voting agenda for the Delegate Assembly.

and Bureau Chief within the Department, overseeing a portfolio of programs and services that included student health, nutrition and safety, family engagement, magnet, and charter schools, afterschool programs and services, school climate, adult education, and special education. Commissioner Russell-Tucker has been a frequent speaker at CABE conferences and works with us on issues of importance to boards. She is immediately responsive when we need quick guidance or input on an issue. Past recipients of the award are: former Commissioner Theodore Sergi, Pat Luke, John Allison, Tom Mooney, Lori Aronson, Bob Frahm, James Comer, Betty Sternberg, George Coleman, David Nee, Ginny Seccombe, Anne Bryant, Karissa Niehoff, Joe Cirasuolo, the Departments of Public Health and Education, and Bob Rader. The award will be presented on Friday, November 17, at the 2023 CABE/CAPSS Convention.

provide an update on task forces and working groups impacting public education.

Where Do I Find Information?

How Are The Voting Issues Determined For The Assembly?

The process to update, add, and delete resolutions begins in June each year with the first meeting of CABE’s Resolutions Committee. The committee is made up of members from across the state. The staff and members of this committee review the current resolutions that provide direction for CABE. They also review any resolutions recommended to the committee from an individual district and determine if they should be recommended for adoption. During this review, the committee may decide to modify some of the current resolutions. The committee can also recommend deleting resolutions that are no longer relevant and/ or developing new ones to address current issues. All CABE members also have the opportunity to directly affect their Association by submitting resolution changes to the Resolutions Committee. Any changes to current resolutions and proposed new ones make up

All the work done by the Resolutions and Government Relations Committees is compiled into the Report of the Government Relations Committee, and copies are made available to all members at least 30 days before the meeting. The Report includes the process for the Delegate Assembly as well as the proposed changes to resolutions on which delegates will vote. It also includes current resolutions that do not have proposed changes. The handbook is mailed to every member and can also be found on our website at https://www.cabe.org/ uploaded/Govt_Relations/CABE.2024_ Proposed_Resolutions_Book.pdf

Why Be Involved?

This is one important way to have a voice in your Association. The process is driven by you - our members - and the boards you represent. It provides CABE with the necessary insight into what is important to its members and gives direction for operational and legislative positions. As the delegate for your district, it’s your opportunity to share your

board’s opinion on state issues and the Association’s direction. Our Association is only as strong as the members who get involved. We urge you to send delegate(s) from your district to the assembly and review the information shared to make informed decisions.

For Additional Questions

Please contact Sheila McKay, Senior Staff Associate for Government Relations, at smckay@cabe.org, or Gail Heath, Administrative Associate for Government Relations, at gheath@ cabe.org or call 860-571-7446.

CONVENTION

(continued from page 1)

community engagement campaign on changing school start times. She holds a bachelor’s degree in communications and management from Hood College and a master’s in public relations management from The American University. In addition, she holds accreditation in public relations (APR) and has served as the NSPRA Mideast Region vice president and president of the Chesapeake chapter of NSPRA. We look forward to Barbara’s presentation on November 18!

The Journal – Connecticut Association of Boards of Education | November, 2023

THE POLICY CORNER Jody Goeler

Sr. Staff Associate for Policy Service, CABE

As I think back to when I was preparing to become a school superintendent, the task of becoming familiar with the district’s policies was intimidating and literally kept me up at night. Before I dealt with my first crisis or my first public meeting, I remember sitting with the two three-ring binders filled overstuffed with the district’s policies, Board bylaws, and administrative regulations. Just making my way through the student discipline and bullying policies required hours of close reading and re-reading. And I still would have barely passed a test on them. As new Board members join their Boards of Education across the state, they will be confronted with a similar challenge and ask the question: How do I become acquainted with the policies governing my district? Hopefully, the new board member’s experience will be more satisfying than mine, which involved my heaving the binders onto my kitchen table and proceeding to make my way through each page. As a Board member, there is power in numbers, and usually, at least one member of the Board has vast experience with and deep knowledge of the district’s policies. Creating opportunities for the new Board member to team up with the experienced policy-driven board member can build strong, productive, and lasting relationships. The Board Chair can play a critical role in making the important connections between Board decision-making and policy development. Becoming acquainted with a policy in the context of a Board vote can provide a deeper understanding of the policy and assist in the decision-making. Perhaps more importantly, referencing policies relat-

A Season of Renewal

ed to Board action items will establish effective Board habits and behaviors. Establishing the practice of referring to policies related to Board discussion and decision-making will also likely produce better policies. Policies that receive regular attention and review in the context of the Board’s work will undoubtedly be more upto-date and relevant to the district’s operations. In addition, this practice will demonstrate to the district’s staff and the public that policies matter as they guide decision-making and deliberation. For Boards of Education, this is a season of renewal. Along with introducing new voices to the Board, renewal brings the opportunity for the Board to commit itself to good practice: tighter meetings, sharper agendas, and civil and policy-centered discourse. Finally, as new Board members orient themselves to the work of the Board, it provides the opportunity to appreciate the work of previous Board members – their tireless efforts to improve the lives of young people and their community’s families. Policies should be able to extend beyond one Board to the next, and while continuous examination and tweaking should be the norm, one Board revamping the policies of a previous Board will more likely result in confusion and frustration rather than growth and progress. Establishing a relationship between an outgoing Board member and a new member can also be a constructive strategy for orienting a new member, as they can provide insight relative to the more consequential policies or areas that may require closer examination of questionable policy language. It is better to deal with those policies before an issue is brought to the Board.

SAVE THE DATE! CABE New Board Member Orientation/ Leadership Conference

December 6, 2023

Sheraton Hartford South, Rocky Hill

As I think back to that kitchen table with those two three-ring binders staring me down, it demonstrated once again that the best kind of learning derives from a social context where one can talk to another, ask questions, consider feedback, and ask more questions. Establishing conditions that allow new Board members to learn

before the bright lights of a public Board meeting can assist in calming nerves, creating greater Board member capacity, and developing healthier relationships among Board members. This, in turn, provides greater opportunities for Boards of Education to enhance the lives of their community’s school children.

SEE YOU IN COURT

their disclosure. Such would not be the case here. Finally, Mal and his colleagues may wish to take heed of the caution from Mal’s wife. If a quorum of the Board convenes at a diner to debrief after a meeting, that discussion of Board business would be an illegal meeting of the Nutmeg Board of Education.

(continued from page 1)

to the hearing officer alone, and the hearing officer reviews the records privately and considers the claim of the public agency that the records are not subject to disclosure. If based on the content of the records the hearing officer determines that the records are exempt, the hearing officer will dismiss the complaint as to those records without ever disclosing the content of the record to the complainant. Conversely, the hearing officer may decide that some or all of the records withheld are subject to public disclosure and order

Attorney Thomas B. Mooney is a partner in the Hartford law firm of Shipman & Goodwin who works frequently with boards of education. Mooney is a regular contributor to the CABE Journal. Shipman & Goodwin is a CABE Business Affiliate.

The Journal – Connecticut Association of Boards of Education | November, 2023

Conrad Vahlsing

Supporting a District’s School Governance Councils

Sr. Staff Attorney, CABE

An important tool for fostering an engaged school community and increasing student achievement is having a network of strong School Governance Councils (SGCs). For those not familiar with SGCs, they could be described as school-specific advisory boards. However, a SGC has a much more limited role than the overall district board of education and is only advisory rather than decision-making. Importantly, merely having SGCs in a district is not enough to fulfill their potential. They must be supported and taken seriously by the board of education and each school’s administrators. The more education leaders know about SGCs, the more wisely they can support SGCs’ ability to succeed. In Connecticut, state law requires certain schools to form SGCs, and specific rules govern their roles and responsibilities. As a general theme for these statutory roles and responsibilities, most are advisory in nature. In other words, the work of the SGC is to assist and advise the school ad-

ministration in making decisions but does not have the authority to actually make changes itself. While some schools in our state are mandated to have SGCs, any school can choose to form a SGC, according to guidance from the Connecticut State Department of Education in the early 2010s. In that guidance, it is noted that a school that voluntarily forms a SGC must still follow the state SGC statute (which is primarily in Section 10-223j of the General Statutes), but a voluntarily-formed SGC would not have the ability to recommend school reconstitution as do state-mandated SGCs. Either way, it would be good practice to form voluntary SGCs pursuant to a district SGC policy. Some districts have a SGC policy stating that all schools within the district will have a SGC. As a high-level definition, SGCs are an elected group of school community members who are charged with assisting and advising the school administration in making programmatic and operational decisions in order to improve student achievement within the school. The SGC statute contains approxi-

mately eight mandated responsibilities and four permissive responsibilities. A sampling of responsibilities under the state SGC statute are providing advice to the principal on the school’s budget before submission to the superintendent, developing and approving a written parent involvement policy, and assisting the principal in making changes to improve student achievement, including “program changes, adjusting school hours and days of operation, and enrollment goals for the school.” The membership structure of SGCs is important and showcases how the structure of a SGC is intended to build a better school community. According to the statute, a SGC comprises seven parents or guardians, five teachers, two community leaders (broadly defined), and the school principal or designee. Additionally, high school SGCs have two student members, but they are non-voting (the principal is also non-voting in all SGCs, not just high schools). With this coalition of school com-

Available November 2023

New Board Member

Understanding Connecticut’s Freedom of Information Act Sixth Edition

Quick Start Guide Get Involved

Respect

Attend Board meetings in your community prior to election.

Treat your fellow board members, Superintendent, staff, and the community with respect and civility.

munity members, student achievement can be improved through better governance of, and investment in, the school itself. But again, SGCs must be supported, and one way to offer support is to ensure that SGCs receive professional development, especially in understanding their roles and responsibilities. If the district’s board of education benefits from regular professional development, the same benefit and concern should be carried over to a district’s SGCs. Having the district’s board attorney or a CABE staff member hold a workshop on SGCs’ roles and responsibilities should be a regular practice. Finally, the CSDE has a page dedicated to SCGs on its website at portal.ct.gov/SDE/SGC/School-Governance-Councils. There is a variety of helpful resources there, including guidance on how SGCs can conduct elections. Additionally, there are sample documents in both English and Spanish, including a candidate information form, recruitment flyer, nomination form, and election ballot.

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

Readiness

Communicate

Ask questions and remember that communication is a twoway activity - speaking and actively listening.

Be prepared for each board meeting.

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.

Inclusivity

This book should serve to provide guidance to public agencies and their members (not to mention members of the public) seeking to navigate the maze of edicts and exceptions associated with the FOIA.

Comradery

Make a point of getting to know your fellow board members away from the board table.

Research

Meet with your Board Chair and Superintendent to learn your board’s culture, review roles and responsibilities of board members and learn about any practices that are unique to your district.

Always remember that you serve on the board for ALL students.

Professional Development Participate in board training provided by your district, as well as CABE.

www.cabe.org

The new Sixth Edition has been updated to now include:  New FOIA provision on remote meetings  New FOIA provision on increased penalties for non-compliance

 The latest developments concerning: Educational records Personnel and investigation records Law enforcement records  Other statutory changes and FOIC/court decisions  Additional details on FOIA compliance

Books may be purchased at the CABE/CAPSS Convention in November or on the CABE Online Publication Store.

The Journal – Connecticut Association of Boards of Education | November, 2023

State Board of Education Update Sheila McKay

Sr. Staff Associate for Government Relations, CABE

At its monthly meeting, the State Board of Education adopted the updated social studies standards that were two years in the making, allowing for much input. The current standards were adopted in 2015. The new standards will guide the work of creating the model curriculum in social studies for grades K-8, a legislative mandate (PA21-2). Stephen Armstrong, SDE consultant, remarked that these standards are presented “in a way to talk about and study the various groups that live here in Connecticut that often times feel that their story is not included in social studies.” He said, “We often hear students say where’s our story”? District staff and teachers will continue their professional learning to utilize the standards in local curriculum. Ansonia, Coventry, and Clinton school district leaders spoke about their work with the dual credit enrollment program. This program has districts partnering with public and

private entities to offer college credit alongside high school credit. There are 89 districts in Connecticut offering courses. Ansonia has eight partnerships in their efforts to offer dual credits. Sikorsky and the University of Bridgeport (for allied health) are two partners. Coventry offers 16 courses; over half of their juniors and seniors take advantage of the program. Every high school senior in Coventry can earn college credit for their English class. In Clinton, many students are first-generation, low-income potential college students, and having the dual credit program is helpful in containing costs. The State Department of Education has a $3.8 million grant program (ESSER and American Rescue Plan funding). Some of the funding goes to providing professional development to teachers to attain credentials to teach college-level classes as adjunct faculty. Members of the Legislative and Bylaws subcommittee discussed the multi-language learner’s parents bill of rights. Part of Governor Lamont’s

legislative package last session, and having become law, now comes the work of getting the document out to the public in the coming months. The

rights are about support for services, equality, translation, and receiving guidance in a parent’s language.

Upcoming FREE

CABE Webinars Religion and Schools

November 29, 2023 • 12:00 to 1:15 p.m. Scan the QR code to register:

The Board’s Role in Advocacy

January 24, 2024 • 11:00 a.m. to 12:15 p.m. Scan the QR code to register:

The Journal – Connecticut Association of Boards of Education | November, 2023

READY. SET.

GOVERN

Onboarding New Board Members

Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

Have you started to think about how your board will onboard new board members once elections are over? If not, you are in luck, as CABE staff has recently spent time talking with Board Chairs and Superintendents’ Administrative Professionals to learn about their best practices Here is some of what we learned from your colleagues across the state. • The superintendent and board chair do a new board member orientation, including the law, district responsibilities, and bylaws. • A board of education handbook is distributed to new board members. • New board members are assigned a mentor (existing board member). • The district purchases New Board Member packets from CABE. • The Board attorney comes in to

do orientation. • CABE staff is booked well before the first meeting to provide a roles and responsibilities workshop for the board. • Onboarding started with distributing candidate information from CABE and encouraging participation in CABE candidate webinars. • New board members are registered for the CABE/CAPSS Convention and the CABE New Board Member Orientation/ Leadership Conference on December 6. • Candidates have been attending board meetings. • The board chair and vice chair do a training session where faceto-face conversations and the ability to ask questions is better than just handing them a book. • Things that are unique to your board need to be shared with new board members. • The board chair encourages new board members to ask questions. Don’t assume because others are

not asking that they know. • S end a letter to town committees asking candidates to commit to training. Other things we recommend you keep in mind as you incorporate new members into your board: •Y ou now have a new board, even if you add only one member. New board members are joining a governance team already in progress. Focus on the core work of the board and how the newest members can help reach the goals and priorities of the district. •C urrent board members set the tone. Regardless of the campaign’s tone, new members are now your colleagues. Be careful about forming opinions of your new colleagues before meeting them and getting to know them as a person. •A ctively bring new board members into the group. Remind yourself of what it was like to be a new board member. The current board members are vital in

providing an orientation about the board’s norms and processes. • Revisit and recommit to your moral imperative, goals, and collective commitments as a board. This is the perfect time to revisit the core purpose of the district and the school board. Simon Sinek calls it your “why.” • Before the organizational meeting, make personal connections with newly elected members. For many board members, the work of a school board is unlike any other job they have experienced. • Review the chain of command. Newly elected board members often want to solve constituents’ problems. Be clear about which district personnel concerns should be brought to and why. With timely onboarding, you are setting your board up for success in the coming months. If CABE can assist with a roles and responsibilities workshop for your board, please contact Nick Caruso at ncaruso@cabe.org or 860-571-7446.

The Journal – Connecticut Association of Boards of Education | November, 2023

New England Regional Meeting Patrice McCarthy

Executive Director & General Counsel, CABE

Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

For the first time in several years, the leaders of the school board associations in New England and New York convened for a regional meeting. Participants had the opportunity to spend two days learning and networking. CABE and the Massachusetts Association of School Committees (MASC) staff organized the meeting in response to regional association leaders’ requests. The program began with a presentation by Jim Braude, a co-host on Boston Public Radio, and a panel discussion focusing on managing current political

controversies. A panel discussion on equity and diversity included CABE First Vice President Leonard Lockhart (Windsor). The panel discussed strategies to build community capacity to create awareness and impetus to act and model district policies. In the panel discussion on small and rural districts, presenters identified challenges and strategies to address them, including funding, school facilities, attracting and retaining educators, provision of special education, shared resources, and transportation. An urban district board member commented that he now recognizes that urban and rural communities have much in common.

It simply comes down to the scale of the issues. Communications Consultant Christopher Horan shared experiences and strategies to help association leaders engage the public and promote civil discourse while dealing with hot-button issues at board meetings, on social media, and in the press. This session prompted association staff to agree to met virtually in the new year to discuss promoting the good work of school boards and public education. A panel of school business officials reviewed current fiscal trends and the implications for state associations and school boards of the looming “fiscal cliff.” They noted that while the fiscal cliff is universal, the impact

varies between states and districts depending upon the decline or growth in enrollment and state revenues. Panelists emphasized the importance of building coalitions to support public education. Patrice McCarthy and her colleague Jay Worona, General Counsel for the New York State School Boards Association, reviewed recent Supreme Court decisions as well as cases that will be considered in the October term. School prayer, funding for private schools, student speech, and race-based admission were addressed. Participants left the meeting having made new connections that will support their work as state association leaders.

CABE First Vice President Leonard Lockhart (Windsor) participated in a panel discussion with Virginia Simms George , Massachusetts Association of School Committees Division X (DEI) and Sandra Cameron, Associate Executive Director, Vermont School Boards Association on Diversity, Equity and Inclusion at a meeting of the New England states and New York school board association leaders.

Patrice McCarthy, Executive Director and General Counsel, CABE and Jay Worona, General Counsel, New York State School Boards Association, presented a legal update on federal cases impacting public education.

CABE President Liz Brown (Waterbury) greeted participants from across New England and New York.

The Journal – Connecticut Association of Boards of Education | November, 2023

PULLMAN & COMLEY SCHOOL LAW PRACTICE

Trusted Legal Counsel to Connecticut School Districts Experience matters. For decades, our attorneys have been consistent leaders in representing local and regional boards in labor and employment law, school law, board governance, special education, vendor relations and student issues. We value the personal connections we make with clients and take pride in our responsiveness to their needs. And, as a full-service law firm, we have the capacity to represent clients on a litany of issues ranging from technology and intellectual property to construction and land use matters.

Subscribe to our Education Law Notes blog for up-to-the-minute alerts, commentary and insights on critical legal issues affecting educational institutions. pullcom.com/education-law-notes Need additional training for your staff? Our School Law seminars and training programs can be customized to address your district’s needs on topics including Diversity and Inclusion in Employment, Sexual Harassment Prevention, DCF Mandated Reporter Training and Freedom of Information Act. For seminar & training programs contact Melinda Kaufmann, 860.424.4390 or mkaufmann@pullcom.com

Stephen M. Sedor, Chair, 203.330.2137 or ssedor@pullcom.com

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