The CABE Journal - November 2024

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Vol. 28, No. 10

November, 2024

Democracy Requires Civil Discourse

Allan Taylor to Receive 2024 CABE Friend of Public Education Award

Patrice McCarthy

Executive Director & General Counsel, CABE

Patrice McCarthy

Executive Director & General Counsel, CABE

See ALAN TAYLOR page 9

Alphabet Fun in West Haven!

119K Commission Releases Recommendations Patrice McCarthy

Executive Director & General Counsel, CABE

The Connecticut Conference of Municipalities 119K Commission recently released extensive recommendations designed to address the issues of youth disconnection in Connecticut, based on the Dalio Education “Connecticut’s Unspoken Crisis” report of October 2023, which showed that 119,000 young people in Connecticut ages 14 to 26 are either at risk or disconnected from education and the workforce. The Commission includes 11 Mayors and First Selectmen. Over the past eight months the Commission has held public forums, including one in which CABE’s President Leonard Lockhart served on a panel. They also received written comments from board members and others.

The 113-page report contains a strategy with 22 aligned actions built around the pillars of coordinating support for youth at all levels, creating stronger conditions for youth success within and beyond schools, building and sustaining coalitions, and increasing capacity in education, workforce and the social sector.

The recommendations include significant increases in education funding, and also make it clear that schools alone cannot achieve the goal of reducing the number of at risk and disconnected youth.

The recommendations related to public education include: Strengthen public education accountability structures and approach to improve student outcomes • I mprove Connecticut’s Next Generation Accountability System for school districts •R eimagine Alliance Districts to maintain funding while improving support for districts with the highest needs •P hase out Commissioner’s Network Schools to invest in Community Schools to drive improved outcomes in middle

CABE urges public officials at all levels of government to model civil discourse in their deliberations, allowing for the thoughtful, beneficial productive exchange of ideas and perspectives.

CABE urges school boards to provide opportunities for students to develop their skills in conflict resolution and consensus building, and for school board members to model these skills in their own conduct.

The rationale for this resolution is that our democracy, based on processes that consider the rights of the majority and protect the minority, was founded on the principles of civil discourse and compromise. It is imperative that our society find

See 119K COMMISSION page 12

inside

At its September meeting, the CABE Board of Directors unanimously selected Allan Taylor as its Friend of Public Education Awardee for 2024.

CABE has awarded the Friend of Public Education Award seventeen 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 Allan’s lifetime commitment to public education.

Allan served on the Hartford Board of Education from 1989-1993, serving as President and Vice President of the Board. During that time, he was also involved with CABE. He also served on the Hartford City Council from 1981-87. Mr. Taylor has served on the State Board of Education since 1994, serving as chairperson from March 2005 through March 2021. He recently retired as the legislative and legal advisor to the Hartford City Council, after 37 years in the private practice of law.

Mr. Taylor was elected as the Northeast Area Director of the National Association of State Boards of Education (NASBE) in 201415 and 2008-09, president-elect of NASBE (2010), and served as NASBE president in 2011. In recognition of his significant accomplishments and contributions to public education at the local, state and national levels, Mr. Taylor was selected by NASBE as a recipient of the 2014 Distinguished Service Award.

Past recipients of the award are: former Commissioner Theodore

Civility is a key element of a positive school climate and culture.

A lack of civility interferes with the ability of public officials to fulfill their leadership roles, and with a student’s ability to learn.

The resolution adopted by the CABE Delegate Assembly in November 2017 addressing civility was a response to a growing concern about the increasing lack of civility in all levels of government and aspects of society. At CABE’s urging, the National School Boards Association Delegate Assembly also adopted the resolution in spring of 2018.

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Educator Rising at State Board of Education Meeting

See CIVILITY page 8

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Primer on First Amendment Speech Rights

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When Is a Unanimous Vote Critical?

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The Journal – Connecticut Association of Boards of Education | November, 2024 PRESIDENT COMMENTARY

Champions for Public Education Leonard Lockhart President, CABE

We are board of education members, each one of us. At 1,400 strong, we stand as the largest group of elected officials in the state of Connecticut, doing some of the most important work, spread across every city, town and regional school district in the state.

We come from different racial, ethnic and religious backgrounds, and we certainly cover all ends of the political spectrum, as we should. Some of us enjoy our seats in the role of the majority or even super-majority, while others stand as the strong, resilient voices of respectful dissent from the minority side of the aisle. But for all of us, no matter what political party or how progressive or conservative we may be, we ran for these seats to have our voices heard, because we do share one essential thing in common—we all believe in public education, and we are here to show just how valuable it is.

We may not agree as we deliberate budgets and school policy at our meetings, month to month and year to year, but I am here to tell you, today, that our unity around our commitment to

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our schools, our administrators, our teachers, our staff and—most critically—our kids is needed now more than ever.

Why? Because it is so easy for misinformation to spread throughout the general public across social media channels these days; sadly, it is easier than ever. Who among us hasn’t seen false flags raised in our municipalities or seen rumors based on nothing but ill-informed opinion spread like wildfire and distract us from the work the public relies on us to do? Even worse, we are seeing—on a disturbingly increasing basis—threats leveled against board members, teachers and superintendents, spurred on by false stories and hurtful rumors.

A political climate of more heat than light can be disheartening, to say the least, and can lead to people exiting their roles in public service, believing it has become too hard and too risky. This is the reality in which we live, and this is why we need to stay together.

So how can we protect and ensure that unity in an increasingly distrustful, ill-informed public realm? There are several steps we can take to ensure that we can act as one team and row in the same direction, especially during challenging times.

Establish protocols

We can all create transparent processes throughout our school systems that provide a clear roadmap for two-way communication between our administrations and our boards.

Communication needs to be open and frequent, and we must be the driving force behind it. Good communication between boards and superintendents will trickle down into our schools and lead to better communication with principals, teachers, staff and parents.

Prepare

We need to prepare ourselves for times when the news may not be good.

No one can ever see a crisis coming, but each one of our districts can have a plan in place that shows how to deal with a public issue that has the potential to spiral out of control. Such planning can help resolve crises faster and can help put more minds at ease.

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 Respond, respond, respond

Listen, I get it — when a crisis hits, no one ever wants to deal with it. But trying to hide from it or dismiss it as trivial can only make matters worse and lead to increased public outcry and panic. Responsiveness is the key.

When a troubling issue arises, we need to work together to gather the facts, get grouped and then promptly communicate what we can to the public. It doesn’t matter our party or our politics—being responsive during difficult times will help us all.

Silence is never the right option

When a negative public issue hits our city, town or regional district, we really have two options—define what has happened and what we are doing about it, or say nothing and let someone else define it. The former puts us on a path towards resolving a crisis and moving forward. The latter puts us on a path for more rumors and much more misinformation. We all know the option we prefer, and we must meet every issue head on. It may not be the easiest task, but our school systems will be better for it in the end.

The work that each of you do as board of education members is noble work, to be sure. You are unpaid and often underappreciated. Many of us have full-time jobs in addition to our board service, so our free time and time with our loved ones often gets eaten up during budget season and at other times. But we do it because the work is that important, and I salute every one of our members for that.

That’s why we need to stick together as champions for public education and in our support of our administrations, schools, staff and students.

By doing that, we can beat back the forces that seek to misinform and create discord. And we can be voices of positivity and promise when it comes to promoting the highest quality of public education in Connecticut.

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

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

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

The Journal – Connecticut Association of Boards of Education | November, 2024

CABE Affiliate Members

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EDUCATIONAL AFFILIATES

Above Line Solutions American School for the Deaf Area Cooperative Educational Services (ACES) Booker T. Washington Academy Cambridge International Capitol Region Education Council (CREC) Connecticut Alliance of YMCAs Connecticut Arts Administrators Association Connecticut Association for Adult and Continuing Education (CAACE) Connecticut Association of School Business Officials (CASBO) Connecticut School Buildings and Grounds Association (CSBGA) Connecticut Technical High Schools Cooperative Educational Services (C.E.S.) EASTCONN EdAdvance EDC Solutions Explorations Charter School Great Oaks Charter School Integrated Day Charter School ISAAC LEARN New England Science & Sailing Foundation Odyssey Community School, Inc. The Bridge Academy

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EXECUTIVE DIRECTOR COMMENTARY

Working Toward a Common Vision Patrice McCarthy

Executive Director & General Counsel, CABE

November brings the conclusion of election season and preparation to work with our elected officials at the state and federal levels begins in earnest. Following the Delegate Assembly, your State Relations Committee will identify CABE’s Legislative Priorities for the 2025 General Assembly.

Board of education members and superintendents have a critical responsibility to advocate for public education with all elected officials.

Your voices are amplified when we work together to communicate about the needs of our students. You share a commitment to public education, and can share that passion with your elected officials at the state and

federal levels. Your commitment to public education is exemplified by your willingness to volunteer at this challenging time. Area Legislative Breakfasts, CABE’s annual Day on the Hill, testifying at the Capitol and contacting your legislators are all opportunities to make your voice heard.

Campaign promises and slogans will now fade as the challenges of governance begins. As you interact with elected officials at all levels of government begin with a belief in their positive intent. Their approach to education issues may differ from yours, but working toward a common vision is critical to the well-being of our public education system.

Resources to support the academic and social and emotional needs

of students, building the educator pipeline, and maintaining safe school buildings are issues that unite us.

Board members model collaboration, cooperation and civility within your board and as a governance team with your superintendent. You set an example for other elected officials to bridge differences to reach a shared vision. While elections maybe about “winning” or “losing”, effective governance is characterized by collaboration.

Educator Rising at State Board of Education Meeting Sheila McKay

Associate Executive Director for Government Relations, CABE

At the October meeting of the State Board of Education, members listened to a presentation from students aspiring to be teachers. Educators Rising seeks to cultivate a new generation of highly skilled and diverse educators by guiding young people who reflect the demographics of their communities, and who are passionate about serving those communities through public education on a path from high school through college and into teaching careers. Students spoke about their passion and drive to serve in positions they know will help students like them.

Three schools were honored for being named national Blue Ribbon Schools: Daniel Hand High School in Madison, Israel Putnam Elementary School in Meriden and Sunnyside Elementary School in Shelton. Daniel Hand is recognized for its work to curb absenteeism, Israel Putnam for its work providing enrichment opportunities to bolster communication skills, creativity and a love of the arts, and Sunnyside for program instructional rounds that involve observing teaching

and learning throughout the building.

The Office of Policy and Management (OPM) annually requests budget options from each state agency.

The State Department of Education (SDE) was directed by OPM to submit a 3 percent budget reduction and the Aspiring Educator program was submitted with a $11 million cut off of $20 million over the biennium. The expan-

2024

sion options were numerous, among them duel credit enrollment, the Learner Engagement and Attendance Program, Personal Technology Competitive Grant, High Dosage Tutoring, High Quality Special Education Incentive Grants, and Excess Cost among others. These total $583,221,344 over the biennium.

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

Love Is in the Air in Nutmeg: Text Messages and Public Records 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.

Sometimes we hear that opposites attract, and such was the case between two members of the Nutmeg Board of Education. Board members Penny Pincher and Mal Content rarely see eye to eye on the challenges the Board faces, with Mal always ready to approve increased spending, while Penny Pincher typically votes against any new expenditures. But somehow love was in the air, and without fanfare these two Board members started to date.

During a Board meeting last month, Mal smiled at Penny and then texted “You look hot tonight” to her.

Penny checked her phone when Mal’s text arrived, and she promptly sent a Heart emoji back to Mal. As the meeting wore on, they exchanged a few more texts. Mal texted Penny that fellow Board member Bob Bombast was a windbag who should get a life, and Penny texted Mal to ask whether they would be able to get away together on the upcoming weekend.

Unfortunately for Mal and Penny, local reporter Nancy Newshound attended the meeting. Nancy noticed that Mal and Penny were exchanging looks and then typing on their phones during the meeting, and the next day she sent a request under the Freedom of Information Act to the Superintendent for copies of any and all text messages between Penny and Mal from July 1 to date.

After a cursory search, Ms. Superintendent emailed back to Nancy to say that the Nutmeg Board of Education has no records responsive to her request, but Nancy persisted. “I am no dope,” she replied. “I know that something is going on, and I will get to the bottom of it.” Nancy then emailed both Mal and Penny directly, repeating her request under the FOIA for “copies of any and all text messages between the two of them.”

Mal wrote back to Nancy to tell her that his private texts were none of Nancy’s business because he sent them from his private cell phone. More-

over, Mal explained, he never shared those texts with the Superintendent or Board as a whole. For her part, Penny reported to Nancy that she had no responsive records to share because she had deleted the texts.

Nancy responded by filing a complaint against Penny and Mal with the Freedom of Information Commission. When Mal and Penny received notice of the complaint, they promptly forwarded the complaint to Ms. Superintendent, who in turn forwarded it to Mr. Board Attorney for review.

Can Mal and Penny argue successfully that their private texts are none of Nancy’s business? Can and will Mr. Board Attorney agree to represent Penny and Mal at the hearing before the Freedom of Information Commission?

• • • • • • • • • • • • Starting with the second question first, board of education members are indemnified in accordance with Conn. Gen. Stat. § 10-235 against claims made against them for actions they take as board members as long as their actions are not wanton, reckless or malicious. That protection includes the right to be reimbursed for reasonable related legal fees. When claims are brought, however, most school district defendants (or respondents in this case) are simply represented by board counsel or counsel appointed by the insurance carrier. There is a broad public policy in favor of protecting board members who devote their time to do the public’s business, and there are no reported cases in Connecticut in which a board member was held personally liable for actions taken on behalf of the board of education on which they serve.

The status of the text messages sent between Penny and Mal is the more challenging question here. The Freedom of Information Act defines a “public record” as follows: “Public records or files” means any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency, . . . whether such data or information be handwritten, typed, tape-recorded, videotaped, printed, photostated, photographed or recorded by any other method.

This broad definition, referring to information that is recorded in any way, has an important limitation -- the record must relate to “the conduct of the public’s business.

Applying this definition to the texts in question, we note that Mal’s text expressing frustration over the long-windedness of Board member Bob Bombast does relate to the conduct of the public’s business. As such, that text is a public record subject to disclosure under the FOIA. The texts between Penny and Mal as relate to their personal relationship, by contrast, do not (except that they were sent during a Board meeting, as discussed below).

Mal refused to provide the text to Nancy on the basis that the text was sent on his private cell phone, separate from the Nutmeg Public Schools. That defense, however, will not be successful. The requirements of the FOIA are imposed on “public agencies,” and Mal may be surprised to know that he, as an individual, is a public agency.

The FOIA defines “public agency” as including an “official of the state or of any… school district…”

As a Board member, Mal is certainly a public official, and, as such, a public agency. Consequently, the broad definition of public records

quoted above applies to texts and email that Mal creates or receives if they relate to the Nutmeg Public Schools. Board members are therefore well-advised to let their friends know that any emails or texts they send that relate to their board service will be considered public records subject to disclosure.

Penny’s deleting the text about Bob was also a problem. The Public Records Administrator has ruled that the record retention requirements under law apply to emails (and analogously to text messages) that relate to the public’s business, and that the applicable record retention are those that apply to analogous written records. Official correspondence, for example, must retained for at least two years. Casual texts (like most voice mail messages) are considered “transitory” records, however, which need not be retained. However, once Nancy requested the text messages, Penny had an obligation to preserve them.

Finally, the fact that Mal and See SEE YOU IN COURT page 6

The Journal – Connecticut Association of Boards of Education | November, 2024

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The Journal – Connecticut Association of Boards of Education | November, 2024

CABE: Working for YOU

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

We did this:

y providing opportuniB ties for members to learn how to better govern their districts: z Provided roles and responsibilities workshops for the Chester, Franklin, and Region #5 Boards of Education. z Responded to 45 requests for policy information from 26 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 Cell Phones, Threats and Title IX.

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

z Provided two issues of Policy Highlights via e-mail, with information regarding: • Addressing Parent Concerns Regarding School Safety in the Face of Cell Phone Restrictions.

•N ew Resources from the U.S. Department of Education Will Help School Administrators Address Sex Discrimination and Provide Equal Opportunity Based on Sex, including Pregnancy or Related

Conditions and Parental, Family, or Marital Status.

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

z Participated in NEASC webinar – Teaching About the Election.

B y promoting public education:

z Discussed enforcement of state mandates with WFSB. z Discussed elections with CT Insider.

B y providing services to meet member needs:

z Staffed CABE Nominating Committee meeting. z Provided webinars on: • How to Manage an Effective Meeting • Navigating EdSight • School Finance 101 • School Threats - Best Practices to Address and Communicate with Your Constituencies

• How the Budget Is Developed, Adopted and the Board’s Oversight Role zP rovided monthly Board Chair Check-In. z Facilitated a Board Self-evaluation for the Chester and Windsor Boards of Education. zF acilitated a Board retreat for the Region #7 Board of Education. zA ssisted the Thomaston Board of

Education with Strategic Planning. zR esponded to a variety of legal inquiries from members. zC ontinue to participate in a working group for the development of a Title IX Toolkit. zP repared materials, as part of the Custom Update Policy Service, for Marlborough, New Fairfield, and West Haven. zP repared materials, as part of the Custom Policy Service, for the Bridgeport, Region #15, Stamford, and West Haven Public Schools. zP reparing a Policy Audit for the Bozrah, Killingly, and Orange Public Schools.

B y helping districts operate efficiently and conserve resources:

z Chaired Professional Development Mandates Working Group meeting. z Posted policies online, as part of the C.O.P.S. Program for Bolton, Danbury, Derby, Granby, Griswold, Preston, Region #18, Ridgefield, Somers, Voluntown, Westport and the CABE CORE Manual.

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

z Attended Commissioner’s Back to School event. z Participated in NSBA Liaison Committee call.

SEE YOU IN COURT

(continued from page 4)

Penny brought their personal relationship to the meeting of the Nutmeg Board of Education through their text messages created two further complications. First, given that the texts were sent during a public board meeting, it is possible that the Freedom of Information Commission would rule that these personal messages relate to the conduct of the public’s business because their flirtations by text occurred when they should have been paying attention to Board business.

Second, it is even possible that the Freedom of Information Commission could find that the exchange of texts during the meeting violated the rights of the public. In Saluga v. Board of Assessment Appeals, Town of Brook-

z Participated in Special Education Task Force meeting. z Participated in NSBA State Association Counsel meeting. z Attended Council of State Governments reception honoring Rep. Kevin Ryan. z Attended meeting of Northeast State Association leaders and presented a workshop on supporting board chairs and new board members. z Attended press conference on 119k Commission Report. z Attended CAS Board of Directors meeting. z Attended Performance Matters Conference. z Participated in Increasing Educator Diversity meeting. z Provided legislative update at CREC Council meeting. z Attended NSBA monthly check-in call. z Attended Diversion Workgroup meetings. z Attended Commissioner’s Family Engagement Roundtable meeting. z Attended Trauma and Education Forum. z Chaired High School Graduation Requirements Working Group. z Attended State Board of Education meeting. z Attended New England Society of Association Executives (NE/SAE) meeting. z Attended Discovering Amistad Education Committee meeting. field, Docket #FIC 2013-221 (January 8, 2014), the Freedom of Information Commission held that “secretive conduct” by members of a public agency, including speaking in voices softer than usual, effectively denied members of the public the right to attend the meeting. Board members’ texting each other during a meeting similarly denies the public the right to know fully what is going on at a public meeting, and as such could constitute a violation of the FOIA. 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, 2024

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Primer on First Amendment Speech Rights Conrad Vahlsing

Deputy General Counsel, CABE

The First Amendment of the U.S. Constitution is just a single paragraph, but it contains five separate rights: the freedoms of religion, speech, and the press, and the abilities to assemble and to petition the government. And within those five rights is an exhausting array of nuance that is beholden to legal tests, frameworks, analyses, and so on.

This article contains general points that hope to give public school board members a foundation upon which they can base their own inquiries when events happen in their districts that touch upon one of those rights: that of the right to free speech, sometimes generalized as the right to free expression. Of course, a short article cannot replace the legal analysis of a district’s board attorney, but it can help guide lines of inquiry to attorneys and administrators, and help shine light on past actions that may, or may not, have been taken in a district.

Almost everyone gets speech rights Including both students and teachers. As the U.S. Supreme Court stated in 1969 in a case called Tinker, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

Even the board of education can be said to have speech rights. In a 2021 case, a public community college governing board was found to have not violated the First Amendment when it “censured” one of its own members, in Houston Community College System v. Wilson. The member had attempted to argue that the censure infringed his own speech rights but the Court upheld the censure in part by noting that in such situations the First Amendment permits “free speech on both sides and for every faction on any side.”

As an aside, a censure should be viewed as a drastic step pursued in consultation with the board attorney, and there are limits to what is permissible in a censure, including that it should not affect a member’s ability to carry out his or her role.

The strength of speech rights varies with a host of factors There are volumes that could be written on the nuance here. The amount of protection afforded to speech is very fact-specific to a given situation. So although almost everyone gets speech rights, the strength of the right varies depending on the specfiic situation.

As just one nuance, a common theme in First Amendment cases is an inquiry into how closely the speech was associated or affiliated with the

school. For example, the degree of protection afforded to a student publishing an article in a paper depends in part on whether the paper is school-sponsored. Generally, a school has greater ability to control and discipline speech in school-sponsored activities and situations.

Viewpoint discrimination is not the same as content discrimination A frequent mistake in discussing speech rights is confusing or combining two concepts: viewpoint discrimination and content discrimination.

Content discrimination is the disallowance of certain topics of speech while viewpoint discrimination is disallowing certain opinions on a topic.

As a general rule, content discrimination can be okay at times (when students are involved, usually when it is reasonably related to legitimate pedagogical concerns) but viewpoint discrimination is almost never okay.

Building on a previous example, even if a school has greater ability to control student speech in a school-sponsored paper, it likely cannot filter out articles with a specific opinion on a topic for which it allows contrasting opinions.

Social media and public comment can invoke speech rights Most board members are likely

aware that members of the public have free speech rights during public comment at board of education meetings. Certain types of restrictions are allowed (for example, time limits) but boards should take care to avoid viewpoint discrimination.

However, a bit of a new frontier for board members is that social media can afford members of the public free speech rights as well. This year, in March, the U.S. Supreme Court held in two companion cases that it is indeed possible that public officials can violate speech rights of the public when they delete comments from the public on their posts or block them from their social media accounts.

As a very brief summary of the decisions, the Court held that public officials are allowed to have a private life on social media, but when they post as a part of their official duties and with actual authority to do so, that is when deleting comments and blocking users becomes a problem.

For further reading, the June issue of the CABE Journal contained an article on these cases with further detail.

And as always, your board attorney will be able to offer legal advice on how best to protect your district from any related issues. The cases are Lindke v. Freed (city manager in Michigan) and O’Connor-Ratcliff v.Garnier (two school board members in California).

See FIRST AMENDMENT page 12

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8 CIVILITY

(continued from page 1)

common ground and solutions to the challenges we face, including those in public education. There is a great need to develop the problem-solving skills in our students.

An article in Phi Delta Kappan noted that “Democracy requires civil discourse in which individuals listen to others, even if they disagree; defend their viewpoints with evidence, reason, or personal experience; recognize valid disagreements; reconsider positions in light of new evidence; and compromise in the interest of the common good.”

An editorial in the Hartford Courant noted “From kindergarten to college, few classrooms will be able to avoid confronting divisive issues. How students and teachers handle those discussions will set a tone.”

The value of teaching our students civility is in both developing them as future citizens and also reducing school violence. Developing empathy, training in problem-solving, anger management and self-esteem, supporting students who stand in opposition to harassment and hurtful speech, and developing skills to resolve differences and deescalate tense

The Journal – Connecticut Association of Boards of Education | November, 2024 situations are important elements of the educational experience, and critical life skills.

There are deep divisions in our country today which are contributing to the decline in civil discourse. Our democracy only flourishes by the free exchange of ideas. In addition to the academics, we must support the social development of our students to enable them to become productive members of our democracy. That has always been a function of our public schools and continues to be important today.

Developing the skills to discuss and disagree with others in a productive manner is critical. The instant communication and dissemination of views by social media exacerbate the tensions. In a climate of incivility, intimidation, threats, harassment, discrimination, cyber-bullying and violence are much more likely. Among the strategies to increase civility is a focus on issues, not individuals, and offering solutions rather than placing blame.

“Civility means a great deal more than just being nice to one another. It is complex and compasses learning how to connect successfully and live well with others, developing thoughtfulness, and fostering effective self-expression and communication.”

UNITE, co-founded by Convention Friday morning speaker Timothy Shriver, offers several tips to build skills for dignified disagreement. n Be curious, not furious n Regulate, then debate in other words; take a deep breath before speaking n Listen to hear, not to respond n Challenge ideas, don’t attack people n Acknowledge knowledge n Build up rather than tear down (Choosing Civility: The Twenty-five Rules of Considerate Conduct, Pier Massimo Forni.)

The chair of the board of education plays a critical role in setting the tone that promotes civility in the board’s meeting room. Other members of the board play an important role in supporting the efforts of the Chair to de-escalate conflicts and maintain civility.

The following tips can help all

board members maintain a civil atmosphere in public meetings: • speaking in a calm, firm voice to promote confidence and respect • smaintain neutral facial expressions and body language • sengage in active listening when members of the public or fellow board members are speaking • sresist engaging in a conversation See CIVILITY page 13

The Journal – Connecticut Association of Boards of Education | November, 2024

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POLICY IN PRACTICE

Jody Goeler

A Good Time to Update District Student Safety Policies

Sr. Staff Associate for Policy Service, CABE

The beginning of a new school year brings great opportunities for new learning and reconnecting with friends and supportive school communities. Sadly, however, along with the new backpacks, sneakers, and outfits, clean schools, and smiling faces came a surge in school threats across Connecticut and nationwide.

The recent school threats began after a 14-year-old student opened fire at a high school in Georgia, killing four and injuring nine, on September 4. In the three weeks that followed, over 50 reported threats resulted in police investigations, increased security, lockdowns, delays and closures adversely impacting student learning, and diversion of critical and limited resources while fostering uneasiness and anxiety.

According to a Hartford Courant report, these incidents resulted in charges against 20 people, many of whom were described as juveniles, introducing a handful of students to the school-to-prison pipeline. In addition to the school-day disruptions, seven CIAC football games were postponed due to online threats. (Hartford Courant, Liz Hardaway, October 1, 2024) As superintendents and school staff are tasked with the primary responsibility of keeping everyone in their schools safe, they take all threats against their communities seriously.

Even when threats don’t result in physical injuries, students and teachers are exposed to crisis conditions, as school personnel and police respond to threats as though they are legitimate.

Even when a threat is determined to be baseless, school personnel take it seriously and respond accordingly.

They are thus adversely impacted by the trauma of the report, communicating it to others, strategically responding, and managing the reaction of their school community.

In a recently published position statement designed to promote various positions to those campaigning for legislative positions, CABE urges all Connecticut school boards to address the influence of violence on children through school board policies, among other essential levers. Along with up-

to-date, expert-informed, and clear policies, CABE’s position statement urges boards to review and maintain safety plans that address prevention, preparedness, mitigation, and emergency response and recovery. To that end, CABE’s policy department is in the process of reviewing three of its model policies addressing how schools approach threats to safety: Crisis Management, Student Safety, and Emergency Preparedness.

To streamline CABE’s model policies and provide districts with one comprehensive “safety” model policy, Crisis Response (policy #5141.6), Emergencies and Disaster Preparedness (policy #6114), and Student Safety (policy #5142) will be consolidated under one policy, School Safety: Preparation, Response, and After Action, and the policy number currently designated for Student Safety (5142) will be adopted.

All those who work and learn in our schools should feel safe and secure to thrive in their pursuits. Over the years, CABE’s model policies in this critical area have guided to help districts develop and submit their safety plans, establish highly effective safety teams, develop and implement updated threat assessment procedures, and plan for various potentially hazardous events. Having one model policy and administrative regulations will make it easier for districts to adopt their policies and procedures and include guidelines for a range of communication strategies, roles and responsibilities for safety team participants, guideline areas for topics ranging from cell phone use during a crisis and active shooter drills, to communicating before, during and after an event. For member districts subscribing to the quarterly CABE Policy Updates, you can expect this new model policy to be included in the next edition scheduled for the end of October.

Along with updated and informed policies, districts should have strong and reliable partnerships with law enforcement, emergency services, and local community and federal agencies.

Having representatives from these departments will ensure districts have the most updated plans, useful technologies, and strategic partners during and after a crisis.

As noted by a school official after a Friday night football game was interrupted by an evacuation resulting from a threat by a juvenile to open fire at the game, “You learn that you have good partnerships, and that really showed Friday night.” (New Haven Register, Bryant Carpenter, October 1, 2024) In this case, the juvenile making the threat was arrested within 30 minutes.

Schools have had to deal with threats of violence in the past. However, with the proliferation of social media, instantaneous news reporting, and demands for immediate information, superintendents and their boards of education are under more significant pressure to strategically apply all resources available to prepare, assess, drill, and communicate. Social media makes this especially challenging since so much of what is immediately shared is wrong. And what’s often shared early on with news stations is wrong.

Not only are school officials responsible for addressing the immediate issues at hand, but they are also forced to address misinformation, which often spreads more quickly than they can correct it.

As with most policy development, it is best advanced through thoughtful deliberation rather than overcorrection. Attempting to address behaviors by implementing overly harsh consequences could alienate students, making them uncomfortable speaking to an adult about legitimate concerns. In addition, no two incidents are identical, with different targets and ranges of threats. Some threats have been broad,

encompassing multiple schools and prompting widespread responses.

Therefore, an effective “Student Safety” policy needs to be broad enough to address a wide range of threats and include structures to ensure the involvement of and partnership with experts, various phases of communication strategies, security measures, compliance with the National Emergency Management System, and incorporation of the National Incident Command System when updating district and site-level emergency and disaster preparedness plans.

Establishing a solid and engaged District Safety Team will provide the foundation for plan development, vetting safety products and technologies, threat and security assessments, training activities development, and emergency exercises to support and improve your district’s plan.

ALLAN TAYLOR

(continued from page 1)

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, Bob Rader, and Commissioner Charlene RussellTucker.

The award will be presented on Friday, November 15, at the 2024 CABE/CAPSS Convention.

CABE Executive Director and General Counsel Patrice McCarthy discussed enforcement of legislative mandates for public education with WFSB.

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The Journal – Connecticut Association of Boards of Education | November, 2024

The Journal – Connecticut Association of Boards of Education | November, 2024

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CABE’s Delegate Assembly: How to Be Involved Sheila McKay

Associate Executive Director for Government Relations, CABE

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.

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

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 the voting agenda for the Delegate Assembly.

WHERE DO I FIND INFORMATION?

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:// issuu.com/cabepublications/docs/ cabe.2024_proposed_resolutions_book_ final?fr=sMjk1Mzc1MzEwMTA.

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 See DELEGATE ASSEMBLY page 13

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The Journal – Connecticut Association of Boards of Education | November, 2024

119K COMMISSION

(continued from page 1)

and high schools with the highest needs • Adopt high standards for alternative education programs and encourage transition toward regional programs Launch cost (2024): Approx. $42M Reform school policies to be more supportive of the needs of youth • Reimagine Connecticut’s graduation standards to promote greater workforce readiness • Strengthen policies to improve student attendance, enrollment, and transfer support • Increase access to Connecticut’s Career and Technical High School System • Reduce school suspensions and implement new models for managing student behavior • Expand alternative learning strategies to combat student distractions and improve engagement Launch cost (2024): Approx. $7M Incremental annual run-rate costs Approx. $85-90M Review CT’s K-12 funding

formulas to ensure equitable education funding based on student needs • Review and revise the Education Cost Sharing (ECS) formula • Review funding to ensure equitable facilities Launch cost (2024): Approx. $2M Incremental annual run-rate costs Approx. $500-$550M in direct state funding to schools Create The 21st Century Fund to reward consolidation in services to reduce administrative overhead and drive more funding to highly effective strategies in school classrooms and in town youth services • Award funding to school districts and towns that elect to combine services or share administrative positions Launch cost (2024): Approx. $25M Create outcomes-based Connecticut Career Accelerator Program to support workforce pathways programs • Design the Career Accelerator Program to help disconnected young people secure wraparound supports, job training, and careers Launch cost (2024): Approx. $5M

Increase school and educator capacity to support young people at risk of disconnection •E nsure sufficient staffing support for at-risk students in districts with the highest needs • S upport trauma-informed professional development and educator training • I nvest in school operational infrastructure to better integrate mental health professionals and community supports directly in classroom settings •P air students in the highest need schools with Success Coaches who build positive relationships and help them get back on-track, specifically focusing on 9th grade Launch cost (2024): Approx. $13M Incremental annual run-rate costs Approx. $55M Strengthen career-connected learning and pathways from education to work • Enable seamless dual enrollment • Improve access to work-based learning programs Launch cost (2024): Leverage existing resources Incremental annual run-rate costs Approx. $23M Create Support Networks to provide

technical assistance for educators, schools, and districts with the highest needs • Launch Support Networks to improve instructional practice, accelerate school performance, and drive system-wide improvement Launch cost (2024): Approx. $3M The recommendations will certainly be the subject of discussion in the 2025 Legislative Session.

The full report can be found at https://www.dalioeducation.org/news/ connecticuts-unspoken-crisis.

FIRST AMENDMENT

(continued from page 7)

Not all speech is protected As a final point, and related to the aforementioned point about the varying strength of speech rights, some speech is simply categorized as not protected or allowance is so limited that it is virtually unprotected. As always, there is nuance here, but some examples from this category include incitement, obscenity, and defamation.

The Journal – Connecticut Association of Boards of Education | November, 2024

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EASTERN REGION MEETING SEPTEMBER 27-29, 2024

State school board association volunteer and staff leaders from across the northeast gathered in Providence for a weekend of learning and sharing best practices.

Chair of the NSBA National American Indian and Alaska Native Council of School Board Members Lydia Tedone (Simsbury) presented NSBA’s Beliefs and Values.

CIVILITY

(continued from page 8)

with a speaker during public comment. Staff will follow up to address any specific concerns.

CABE and the Connecticut Conference of Municipalities offered a webinar “Let’s Keep It Civil: How to Lead Public Meetings in Contentious Times”. Shannon Hiller, Executive Director of the Bridging Divides Initiative at Princeton University offered tools, based on national research, that are effective in deescalating contentious situations. The key principles she recommended are: • splan ahead – monitor social media to help anticipate divisive issues, engage with community groups and leaders who can support de-escalation • semphasize the shared values and expectations • senforce rules consistently and fairly

CABE Member at Large Ethel Grant (Naugatuck), 1st VP Meg Scata (Portland), and Executive Director and General Counsel Patrice McCarthy presented a session on supporting board chairs and new board members.

CABE Executive Director and General Counsel Patrice McCarthy reviewed Eastern Region Bylaws changes.

The principles Shannon outlined were carried over in a panel discussion featuring Cheshire leaders – Board of Education Chairman Tony Perugini, Superintendent Jeff Solan and Town Manager Sean Kimball.

They emphasized the importance of communication and collaboration on an ongoing basis among local officials, including with law enforcement.

Keeping public comment productive and safe for those with various perspectives on issues is critical to civic engagement for all public bodies. When emotions are high, the chairperson, supported by other members has the responsibility to educate, empathize and enforce expectations.

You can access a recording of this webinar https://youtu.be/ Xv1K3rPyDeg. Increasing incivility is also making it more difficult to recruit individuals to serve in local government. We know of numerous instances where

collective responsibility to restore civility. CABE is prepared to support all boards of education in maintaining civility in our schools and board rooms.

DELEGATE ASSEMBLY

information shared to make informed decisions.

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

FOR ADDITIONAL QUESTIONS

(continued from page 11)

Please contact Sheila McKay, Associate Executive Director for Government Relations, at smckay@ cabe.org, or Gail Heath, Administrative Associate for Government Relations/ Assistant to the Executive Director, at gheath@cabe.org or call 860-5717446.

qualified individuals, when asked to serve in local office, have sdeclined because of the toxic environment.

We have an individual and

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The Journal – Connecticut Association of Boards of Education | November, 2024

When Is a Unanimous Vote Critical?

Nicholas D. Caruso, Jr.

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

One thing about working on a governance board is that each board member gets a vote, and there is power in the idea that when you exercise your vote, for or against a motion, you are serving your community.

While I believe consensus is an important tool in board work, I also recognize that the diversity of ideas and values on a board tends to allow for better decision making. The blend-

People in the News

CABE 1st Vice President Meg Scata (Portland) was recently elected as an Eastern Region alternate to NSBA Nominating Committee.

ing of ideas into a finished product is a beautiful thing to watch and I enjoy observing boards deal with issues in a productive way.

While a unanimous vote is a great thing and not one to apologize for, it is perfectly OK for board members to disagree with the motion under consideration and vote accordingly. That is democracy.

However, there are times when I would encourage board members to think differently about how they vote, particularly in one unique circumstance.

Election of the Superintendent.

Hiring a superintendent is the most important decision a board of education will make. The superintendent is the Chief Executive Officer with authority over the school system and is responsible for the supervision of all staff. The superintendent is the one who will be responsible for implementing the board’s vision and policies and to be the face of the district throughout the community.

One place I encourage board members to vote “yes” is on the hiring

of a new superintendent, even if the candidate is not their first choice. I’m not talking about when you are strongly opposed to the person. In that case you may feel obligated to vote no.

However, a board member often wants to show support for their preferred candidate by voting against the candidate of choice of the rest of the board. In this case I’d ask you to think differently.

I would suggest that a split vote sends a message to the staff and community that undermines the new superintendent’s credibility right off the bat. If the new superintendent is there to be a change agent for the board, you are already setting them up for a challenge. Some staff members will see this as a vulnerability and try and exploit it. It also sends a message to the rest of the community that the new superintendent might not be a perfect fit. Even an abstention is better than a “no” vote.

I often speak to superintendent certification classes and recommend to candidates for a superintendency that they think twice about accepting a job

offer if the vote is not unanimous. If a board can’t work out its differences through the hiring process, it will only get worse from there.

Give your new CEO the opportunity to start in the district with a strong mandate from the board.

Meeting of Interest nC onnecticut State

Board of Education November 6, 2024 9:30 a.m.

450 Columbus Boulevard Plaza North Conference Room C and D

Show Your Support for Public Education #ISupportMyCTPublicSchools

#ISupportMyCTPUblicSchools

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

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The Journal – Connecticut Association of Boards of Education | November, 2024

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