CABE Journal - October 2018

B C

www.cabe.org

Vol. 22, No. 9

October, 2018

Gubernatorial Candidate Speaks at CABE Patrice McCarthy

Deputy Director and General Counsel, CABE

Sheila McKay

Sr. Staff Associate for Government Relations, CABE

technical opportunities in the school system.

Achievement Gap

Griebel discussed some areas he would explore in an effort to close the achievement gap, including Saturday classes and support for health and nutrition. He articulated a desire to explore developing a true community center in one or more urban areas “to change the dynamic of what education means.” The center could See CANDIDATE page 4

Enjoying the crisp autumn air!

CABE/CAPSS Convention Committee Announces Friday Night Speaker Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

The CABE/CAPSS Convention Committee is happy to announce that Dr. Cristal Glangchai has been signed

State Board Education Matters Sheila McKay

Sr. Staff Associate Government Relations, CABE

The city and school district of Ansonia will be investigated by the State Department of Education (SDE) on a 10-4b complaint as voted on by the state board of education. CT General Statute 10-4b outlines the complaint process in allegation of failure or inability of a board of education to implement educational interests of the state and within that statute it lays out the investigation, hearing and remedial process.

The City of Ansonia’s appropriation is alleged to have not met the Min-

81 Wolcott Hill Road Wethersfield, CT 06109-1242

Connecticut Association of Boards of Education Inc.

Members of the CABE Executive Committee and staff, as well as representatives of CAPSS and CASBO, had the opportunity to meet with gubernatorial candidate Oz Griebel on September 7. As part of CABE’s advocacy on behalf of public education, CABE again extended invitations to each of the candidates for Governor. Repeated attempts were made to schedule conversations with Ned Lamont and Bob Stenfanowski, but as of press time, those meetings were not confirmed.

Oz Griebel led the MetroHartford Alliance for 17 years, and was previously the CEO of Bank Boston Connecticut. He joined forces with Lt. Governor Candidate Monte Frank to form an “independent, nonpartisan ticket.”

A key issue on everyone’s mind during this discussion was the candidate’s priorities for public K-12 education in Connecticut. Griebel indicated that a premier educational system is critical to obtaining his goal of 200,000 new jobs in the state. He sees a need for a greater connection between employers and the education system, as well as between the K-12 system and higher education. Griebel supports a refocus on the vocational-

imum Budget Requirement (MBR).

The MBR is appropriating at least the same funding to the district made in the prior year. The statute does have criteria for a reduction. In FY 2017-18 the City of Ansonia failed to meet the MBR by $600,000 and they will fail to meet it this year unless it appropriates $600,000. The SDE has 20 days to investigate and must either recommend to the State Board to dismiss the complaint or to proceed with a hearing.

The State Board also approved a continuation of the Alternative Route to Certification for Library Media Specialists (ARCLMS) program for seven years to be provided by the Area Cooperative Educational Services (ACES). For the last three years, the ARCLMS program has had 40-60 candidates annually.

as the Friday night Convention speaker.

Cristal Glangchai, PhD, is a scientist, entrepreneur and mentor with a passion for Cristal Glangchai developing the next generation of creative leaders and entrepreneurs. She founded VentureLab, a nonprofit organization that is helping create the next generation of innovators and changemakers through free and open source curriculum, entrepreneurship education programs, and teacher training.

VentureLab believes in making world class entrepreneurship education accessible to kids ages five to 18 all around the world and empowering anyone to be a champion for entrepreneurial learning. Dr. Glangchai’s See CRISTAL GLANGCHAI page 10

Advanced Placement Participation

Role Models in Civility

School Safety

Preparing Students for the Future

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Periodical Postage PAID Hartford, CT

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The Journal – Connecticut Association of Boards of Education | October 2018 PRESIDENT COMMENTARY

Civility – How is Your Board Handling It? Robert Mitchell President, CABE

One of the most obvious changes to discourse over the last few years has been the apparent loss of civility. We see it every day in the news and social media. Not only are people more willing than ever to disagree with one another, the thought of compromise or consensus seems to be a sign of weakness to some. With so many board meetings televised, this conflict becomes quite public, which, I believe, undermines the effectiveness of the board of education and ultimately harms children.

How can boards of education maintain a level of decorum during their meetings?

It has to start with the Board Chair.

The Chair, working with the Superintendent, is responsible for creating for the agenda and ensuring it is followed during the meeting. It is the Chair who controls the meeting and should not allow derogatory comments to go unchallenged. The Chair also needs to model behavior and keep his or her cool – no matter what “inspiration” you may have to act differently. However, being “tougher” isn’t always the best way to run a meeting.

Keeping decorum while letting people feel comfortable is a better way to lead. Making sure all voices are

respectfully heard is also important.

Sometimes people start to lose civility if they feel cornered or held back. The Chair can do a lot to make sure everybody feels they are being listened to.

The Board should establish ground rules or meeting norms to govern themselves. A “Code of Conduct” can help focus the Board on its work and not distractions. The rest of the Board should be empowered to also recognize and call board members when civility leaves the meeting.

Any board member can call a point of order to remind the whole board when the ground rules are violated. It is the board’s meeting and every member should be ready to step in and expect civility.

It also helps to understand how Robert’s Rules of Order work and to have a good understanding of how to use the rules to keep order. It is indispensable for the Chair to know the procedure, even when the Board chooses to use a more relaxed version of the rules. When civility disappears, it is important to get the meeting back under control immediately. As a worst case scenario, be prepared to call a recess to let passions subside.

When incivility becomes the norm, rather than the exception, I’d recommend that the board do a self-evaluation. Getting together to talk about bad behavior, and how it affects teaching and learning in the district is important. More importantly, the Board can work to refocus the

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 attention on the work of the district and not be distracted by bad behavior.

The CABE staff would be glad to assist you in that activity.

I want to also address incivility facing the Board from the public. Of course when someone approaches you in a public place and starts haranguing you about something in the schools, hopefully, you can beg off quietly and disengage from the person.

You can also choose not to take part in “flame wars” on social media.

Stay away from negative sites and don’t get pushed into responding to negativity.

However, if this is happening at board of education meetings, you need to know that you don’t have to allow bad behavior from other members of the public, either. I’ve heard this so many times it is ingrained in my brain forever, but, a board meeting is a meeting held in public; not a public meeting.

Members of the public are invited to voice comments but it is considered a privilege, not a right. The Chair should expect the same standards of behavior for the public as that of the Board.

Boards of education are civic leaders responsible for the most important service provided by your community.

By remaining civil in your meetings you set an example that others will hopefully emulate.

MEETINGS OF INTEREST

Children’s Behavioral Health Plan Implementation Advisory Board October 1 • 1:00 p.m.

Legislative Office Building, Rm 1E

State Board of Education October 3 • 9:30 a.m.

450 Columbus Boulevard

Advisory Commission on Intergovernmental Relations October 5 • 10:30 a.m.

Legislative Office Building, Rm 1C

EXECUTIVE COMMITTEE Robert Mitchell | President, Montville Donald Harris | First Vice President, Bloomfield Elizabeth Brown | Vice President for Government Relations, Waterbury Christopher Wilson | V ice President for Professional Development, Bristol Michael Purcaro | Secretary/Treasurer, Ellington Ann Gruenberg | I mmediate Past President, Hampton Bryan Hall | Member at Large, East Hartford Lydia Tedone | NSBA Director, Simsbury AREA DIRECTORS Bryan Hall | Area 2 Co-Director, East Hartford Leonard Lockhart | Area 2 Co-Director, Windsor Michael Purcaro | Area 3 Co-Director, Ellington Michele Arn | Area 3 Co-Director, Vernon Joan Trivella | Area 4 Director, Brooklyn Mic helle Embree Ku | A rea 5 Co-Director, Newtown Frances Walton | Area 5 Co-Director, Ridgefield Jennifer Dayton | Area 6 Co-Director, Greenwich Karen Kleine | Area 6 Co-Director, Westport George Kurtyka | Area 7 Director, Derby Sean Nugent | Area 9 Director, Preston ASSOCIATES Eileen Baker | Associate, Old Saybrook Robert Guthrie | Associate, West Haven John Prins | Associate, Branford Robert Trefry | Associate, CT Technical High School System COMMITTEE CHAIRS Becky Tyrrell | Chair, Federal Relations, Plainville Bryan Hall | Chair, Resolutions, East Hartford Jennifer Dayton | Chair, State Relations, Greenwich CITY REPRESENTATIVES Jacqueline Heftman | C ity Representative, Stamford Charles Stango | City Representative, Waterbury STAFF

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

The CABE Journal (ISSN 1092-1818) is published monthly except a combined issue for July/ August as a member service of the Connecticut Association of Boards of Education, 81 Wolcott Hill Road, Wethersfield, CT 06109, (860) 5717446. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75. Association membership 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. “Periodicals Postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. Email: bcarney@cabe.org. Members can find the CABE Journal online at: www.cabe.org/ page.cfm?p=1024

The Journal – Connecticut Association of Boards of Education | October 2018

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EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite PLATINUM MEMBER

Berchem Moses PC GOLD MEMBERS

Pullman & Comley Shipman & Goodwin Support for the Budgetary Process SILVER MEMBERS Anthem Blue Cross and Blue Shield Arthur J. Gallagher & Company Corporate Cost Control Digital Back Office Duhl & Grello PC Milliman, ESS Milone & MacBroom, Inc. BRONZE PLUS MEMBERS Cohen & Wolf, P.C. Coordinated Transportation Solutions COUNTABILITY, Inc. Friar Associates JCJ Architecture O & G Industries OneDigital Health and Benefits The S/L/A/M Collaborative BRONZE MEMBERS Albert Risk Management Consultants Brown & Brown Insurance Chinni & Meuser LLC Dattco Inc. ECG Engineering, PC Fusfoo Media LLC Goldstein & Peck, P.C. Kainen, Escalera & McHale, P.C. The Lexington Group Perkins Eastman Solutions Employee Assistance Program Suisman Shapiro Attorneys at Law Zangari Cohn Cuthbertson

EDUCATIONAL AFFILIATES

American School for the Deaf Area Cooperative Educational Services Capitol Region Education Council The College Board Connecticut Association for the Gifted Connecticut Association of School Business Officials Connecticut Center for School Change Connecticut School Buildings and Grounds Association Connecticut Technical High Schools Cooperative Educational Services EASTCONN EdAdvance Interdistrict School for the Arts and Communications (ISAAC) LEARN Unified School District #1

How Are We Doing in Social Studies?

Robert Rader

Executive Director, CABE

I have a strong interest in history, especially American history. I have visited, with my wife and good friends, presidential birthplaces, libraries and museums. Part of our summer vacation was spent in Ohio, learning about all eight American presidents with ties to the Buckeye State.

After Ohio, I watched a program on C-SPAN on the Civil War related to the issue of the removal of monuments of Confederate heroes. The program, sponsored by the Shenandoah Valley Battlefields Foundation, was keynoted by Distinguished Professor Emeritus James “Bud” I. Robertson, Jr. of Virginia Polytechnic Institute and State University. He began by addressing the violence last year in Charlottesville over whether to remove a statue of Confederate General Robert E. Lee. He called out the right wing agitators who marched, noting that they did not understand the heritage of those whose statues they were trying to protect and were wrong about the political views they embraced. He dismissed “out of hand those who wander in a dream world under the the name ‘neo-nazis’, ‘neoconfederates”, ‘Southern Legion’ and the like. Further, the Holy Confederate States and vision never existed.”

He spent considerable time on the left-wing demonstrators, who he said, played into the hands of the right wing agitators. “The left wing, perpetually offended in our country, are at it again.” They have “historical ignorance… and childish emotions.” He stated that “our land is infested with elements hell-bent on tearing apart unity that generations of Americans have painfully constructed.”

He argued that Lee was antislavery prior to the war. According to the professor, Lee fought under Virginia’s confederate banner, because the states were more important to our citizens at that time than the federal government. Virginia had a longer history than the United States and people were more affected by the state than by the federal government. After the war, Lee led an honorable life,

as president of what would become Washington and Lee University.

Robertson accused modern society of moving away from the more genteel time of the past, stating that cultural norms and mores were being destroyed by television, movies, video games and CDs. He attacked the media, too, a convenient punching bag these days, for not understanding our history.

He argued that a good case could be made that slavery would have died naturally, without the Civil War, because cotton fields were becoming arid by over-farming and the onset of industrialization.

He presented some interesting arguments and those interested in history, especially Civil War history, might find his views on Lee fascinating, but much of the speech turned into a bit of a rant.

I was most concerned about his statements that “probably 90 percent of our citizens cannot pass an American History exam.” He believes they have no idea what the Declaration of Independence is, who Abraham Lincoln was or the year in which the atomic bomb was dropped.

I agree that if we are to build a “more perfect union” for all of our citizens, we must learn the lessons of our past.

State Department of Education (SDE) and Social Studies

I turned to SDE’s Social Studies Consultant Stephen Armstrong to find out how Connecticut students are learning.

He explained to me that the teaching of Social Studies is much different than how I had learned it. “Because of technology, we and our students have every historical fact right on our phones… therefore, teaching history is related to making sense of all facts available to us. This has created some interesting changes: why take the time to memorize all of the states and the capitals when you can look it up on your phone in 10 seconds?”

He added, “When many adults studied history in high school and college it was largely about content acquisition. Today, it is about content acquisition AND the development of social studies/literacy skills. The approach

that the CT State Frameworks (and the national C3 Social Studies frameworks) emphasize acquisition of content and development of skills through the inquiry method.

It is asking students (usually in small groups) to answer a question about history by reading a variety of sources. Was the American Revolution really revolutionary? In the long run, was the New Deal good for America?

Students work to develop an answer to such a question, using evidence, and then work to find the best way to communicate their results.

The effort now exists to include different viewpoints in the teaching of history. Traditional history teaching was about the actions of ‘leaders’ such as presidents, generals, etc. There is now more of an effort to bring in the contributions (and views) of minorities and especially of women. This provides a more complete perspective on American history.

The CT frameworks address the need to include local and state history into the larger narrative of United States history. When teaching about the growth of industry in World War II, why teach about a factory in Michigan or California when you can teach about Pratt and Whitney Aircraft in East Hartford?

We want students to understand the past, but also to be able to use history to understand the present. From my experience, if you ‘start from the beginning’ in high school you will not get anywhere close to 9/11 or other important events by the end of the school year.”

“Active Citizens”

Armstrong said, “We want kids to be active citizens. Many students are deeply interested in civics today: we want to take advantage of that. The last stage of the inquiry process is ‘taking See SOCIAL STUDIES page 4

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The Journal – Connecticut Association of Boards of Education | October 2018

Social Studies Advanced Placement Participation: 2010-2017 While difficult to measure how students are doing in Social Studies, a good indication is that during the last eight years more students than ever have taken the Advanced Placement (AP) test. There was also an increase of 29 additional high schools offering AP courses. (SDE) (https://research.collegeboard.org/programs/ap/data/nation)

SOCIAL STUDIES

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informed action’. We want students to be actively involved in their schools, their town, and the state. Many teachers and students use the Parkland students as models.

We want students to realize that there is not one ‘American story’, but to realize there are many versions of that story. We want students to analyze different interpretations of historical events. Again, there are some teachers (and schools) who emphasize the im-

portance of content acquisition. We are encouraging teachers to develop in students the skills to analyze that content.

It is an exciting time to be a history/social studies teacher!”

My Take

What do you think? Is there a right or wrong way to teach history?

How do we ensure students acquire both hard knowledge and critical thinking skills?

If history is, as it is said, “written by the victors,” how do we ensure that the “loser’s” views are accurately

Number of Students Taking Advanced Placement Tests

Total Number of Tests Taken

35,609 34,222 33,783 32,101 30,829 29,397 27,280 25,646

66,822 64,134 62,564 59,128 56,838 54,129 49,608 46,184

2017 2016 2015 2014 2013 2012 2011 2010

presented? Today there appear to be facts and “alternative facts” and “truth is not truth”.

Mark Twain said “Get your facts first, then you can distort them as you please.” He would have fit in well with today’s politics!

I ask you, returning to Professor Robertson’s views, is Robert E. Lee a great model of honor and courage or an awful

example of an American who fought for the failed Confederacy and slavery?

So, having read how we teach Social Studies, my inquiry to you is this: Can he be both?

Professor Robertson’s keynote can be found at https://www.c-span.org/ video/?448679-5/history-confederatemonuments

Diversion Work Group Report a family with service needs (FWSN).

The school-based diversion system plan will support restorative practice The Juvenile Justice Policy and models, thereby reducing exclusionary Oversight Committee (JJPOC) was discipline and escalating behaviors. formed in 2014 by the Legislature. Of The group is also working to support the four working groups, John Frassschool-level assessments of mental inelli, State Department of Education health services and supports.

(SDE) Bureau Chief and Erika BromAddressing Truancy ley, the Juvenile Justice Liaison of the • Develop a community referral Connecticut Youth Service Associaprocess to support students who are tion and the Hebron Board Chair, serve truant as chairs of the Diversion Work Group. • Create Youth Service Bureau Referral Frassinelli presented the work of Guide the group to the State Board of Edu• Identify Truancy Intervention Modcation at its September meeting. They els for use by schools with high rates have been focused on developing a of truancy community-based diversion system • Catalog Truancy Intervention Modplan and a school-based diversion els system plan and the elimination of the referral to juvenile court for truancy as Sheila McKay

Sr. Staff Associate Government Relations, CABE

Patrice McCarthy, CABE Deputy Director and General Counsel appeared on the Ray Dunaway Show on WTIC-AM to speak about education issues. Pictured, left to right, Ray Dunaway, Joe D’Ambrosio, and Patrice McCarthy.

CANDIDATE

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serve children and families, providing tutors, sports and health services seven days a week.

Education Funding and Mandates

Specifically, with respect to funding, Griebel expressed the belief that we have pit generations against each other, and have created the untenable position of cities versus suburbs. He would support examining regional delivery of municipal services and expressed the belief that the Governor has to lead by setting a long-term strategic direction when proposing the state budget.

With respect to the numerous mandates imposed upon boards of

education, Griebel indicated that it is the Governor’s job to work with the various groups and be the advocate for “sane” approaches.

Civility

Griebel was asked how he would lead by example to promote civil discourse, and he expressed a commitment to working with everyone. He indicated that we all need to be part of the solution – and, in fact, are part of the problem. He supports coming together with mutual respect and leading by example.

Griebel pledged to use organizations such as CABE, CAPSS, and CASBO as advisors as part of an ongoing dialogue in a new administration.

The CABE Government Relations and Resolutions Committees met on September 12.

The Journal – Connecticut Association of Boards of Education | October 2018

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See You in Court – The Nutmeg Board of Education

Nutmeg Board FOIA Violations Everywhere You Turn

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.

Mr. Chairperson has had his hands full with two new members of the Nutmeg Board of Education.

Mal Content and Chrissie Critical were elected to the Board just last November, but they quickly started antagonizing Mr. Chairperson and the other Board members. Nothing, it seemed, was right in their view.

Mal and Chrissie complained at the Board meetings about the “do-nothing” Board, and they repeatedly complained by email to all the other Board members. Some Board members tried to respond to their concerns by return email, but the disaffected two were unmoved and continued to find fault with the Board.

Mal and Chrissie were frustrated, they claimed, because Mr. Chairperson was thwarting their reform efforts. They had both repeatedly asked that an item be added to the Board meeting agenda – appointment of a special counsel to investigate Board member collusion with Seymour Dollars, venerable Chair of the Nutmeg Board of Finance. They claimed that Seymour was pulling the strings on Board decision-making, and they wanted the other Board members to be questioned under oath as to what Seymour Dollars has said to them and when he said it. They even suggested that Mr. Chairperson take an straw poll of the Board members by email, claiming that he would find that a majority of the Board members agree with their request. However, Mr. Chairperson stonewalled them, telling them that such a witch hunt would not be allowed on his watch.

Finally, the other Board members had had it with the disaffected two, and speaking for the others, veteran Board member Bob Bombast proposed at a special meeting to add an item to the agenda – “Executive session for the purpose of evaluation of the performance of two difficult Board members.” Before the motion could even be seconded, however, Mal spoke up, stating the any discussion as to his efforts to straighten out the “dysfunctional” Board of Education should be held in open session.

Chrissie weighed in as well, claiming that she would not be a party to any attempt secretly to defame her and interfere with her efforts to clean house.

“Never mind,” Bob responded.

“If we can’t have a candid discussion

about these two trouble-makers in executive session, we’ll just have a more general discussion in executive session about Board operation.” With that, the Board voted to convene into executive session. Not surprisingly, however, the discussion of “Board operation” soon devolved to an angry exchange between the other Board members and Mal and Chrissie about how they as Board members were misbehaving.

Mal and Chrissie were unchastened, and they decided to pursue their crusade through FOI requests.

They asked for any and all email communications between and among any member of the Board and/or with Seymour Dollars concerning budget matters. Pushing hard, they demanded that all such emails be produced within four business days, “in accordance with the Freedom of Information Act,” they said.

Mr. Superintendent responded within four business days, informing Mal and Chrissie that the district is working on their request, but it will take some weeks to find, review and produce all of the emails.

Can Mal and Chrissie file an FOIA complaint, and will they win?

• • • • • • • • • • Mal and Chrissie do have a valid FOIA complaint. However, that complaint would relate to the executive session, not the email request. The FOIA provides that public agencies must respond “promptly” to FOIA requests, and it provides further that a requesting party may conclude that a request has been denied after four business days. Here, Mr. Superintendent acknowledged the request, and as long as the district gathers and provides the information “promptly” (an all-facts-and-circumstances standard), there will be no FOIA violation in the district’s response to the request for emails.

By contrast, the Board did violate the FOIA by discussing how Mal and Chrissie were performing as Board members in executive session. The Board had no right to convene into executive session to discuss “Board operation” in any event. The FOIA does provide that a public agency can convene into executive session to discuss the “appointment, employment, performance, evaluation, health or dismissal of a public officer or employee.” Significantly, however, just as with employees, individual board members (as “public officers”) may require that the discussion as to them be held in open session. Accordingly, the Board violated Mal’s and Chrissie’s rights when the Board discussion in executive session included the performance of these two Board members.

One of the complaints Mal and Chrissie were making was about Mr.

Chairperson’s refusal to grant their request to add an item to the agenda.

Rather than complain, they should have checked the Board Bylaws, which should address the process by which matters can be added to the agenda.

The chairperson typically has the responsibility for setting the agenda in consultation with the superintendent.

However, board bylaws often set forth a process by which other board members can request that items be added to the agenda. Most common is a provision stating that three or more board members can require that an item be added to the agenda. Such provisions derive from Conn. Gen. Stat. § 10-218, which provides that, when the chairperson doesn’t call a meeting within fourteen days of being requested, three board members may do so.

Mal and Chrissie may have their own problems under the Freedom of Information Act. Mal and Chrissie, for example, suggested that Mr. Chairperson should conduct a straw poll by email. Such action would have violated the FOIA because, as a gathering of a quorum by electronic means to discuss Board business, such a straw poll would be an unposted illegal meeting.

Similarly, Mal and Chrissie con-

tinued discussion of their complaints with the Board members by email outside of a legally-posted meeting.

They were free to do so if their communication was unilateral, i.e., from them to the other Board members.

However, as soon as Board members responded by email to Mal’s and Chrissie’s complaints with a quorum of the Board members on the email, then the Board was discussing Board business outside a posted meeting in violation of the FOIA. Finally, Bob Bombast and the Board violated the FOIA when the Board added discussion of “Board operation” to the agenda of the special meeting. The FOIA permits public agencies to add items to the agenda of a regular meeting by a two-thirds vote of those present and voting. There is no similar provision in the FOIA for adding items to the agenda of a special meeting, and at such meetings public agencies must limit their discussion and action to the matters listed on the special meeting agenda.

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.

The Ninth Edition – Now Available!

A Practical Guide to Connecticut School Law

by Thomas B. Mooney, Esq. Shipman & Goodwin

CABE is delighted to announce that the Ninth Edition of Tom Mooney’s Practical Guide to Connecticut School Law is now available.

PRICING: CABE Members: $54.99; CABE Non-Members: $79.99; Students: $44.99 There have been many changes in school law in the last few years, and the Ninth Edition has been extensively revised to provide updated guidance on the legal issues that govern our schools. Changes include descriptions and commentary on:

• Changes in teacher evaluation and teacher tenure.

• New rules regarding employee background checks.

• New requirements concerning student data privacy.

• New rules for suspension, expulsion and alternative educational opportunities.

• Revised requirements governing seclusion and restraint.

• The new “Every Student Succeeds Act” and how it has changed “No Child Left Behind Act” requirements.

• The CCJEF case and ongoing litigation over equal educational opportunities.

• The Minimum Budget Requirement and new duties to collaborate with town officials.

• A host of other changes in the rules that boards of education and school administrators must follow.

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The Journal – Connecticut Association of Boards of Education | October 2018

The Journal – Connecticut Association of Boards of Education | October 2018

Patrice McCarthy

Deputy Director and General Counsel, CABE

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.

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 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.

A January 22, 2018 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.”

A recent 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 entire

A Focus on Civility 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. editorial can be found at http://www. courant.com/opinion/editorials/hc-edwelcome-back-to-school-20180828story.html.

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.

In the resolution, CABE calls upon public officials to model public discourse, while also urging school boards to provide opportunities for students to develop their skills in civility. The student walk-outs last spring were a wonderful example of student voice exercised in a civil manner. Rather than disrupting the educational experience, the walkouts, walk-ins and forums held that day were a meaningful educational experience.

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

situations are important elements of the educational experience, and critical life skills.

Connecticut school districts are not alone in recognizing the need to address the issue of civility.

In the state of Washington, Mercer Island and Issaquah School Districts have adopted policies dealing with civil communication. In addition to the policies that provide ground rules for communication among teachers, parents and students, the districts are providing training for staff and the community to support implementation of the policy.

Adults must begin by modeling the behaviors we wish to develop in our students. Vin Mustaro, CABE’s Senior Staff Associate for Policy Services, has developed a model policy addressing these issues. https://www. cabe.org/uploaded/CPS1316.pdf 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

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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 encompasses learning how to connect successfully and live well with others, developing thoughtfulness, and fostering effective self-expression and communication.”

(Choosing Civility: The Twenty-five Rules of Considerate Conduct, Pier Massimo Forni.)

Increasing incivility is also making it more difficult to recruit individuals to serve in local government. We know of numerous instances where qualified individuals, when asked to serve in local office, have declined because of the toxic environment. We have an individual and collective responsibility to restore civility.

CABE is putting together a toolkit and other resources to assist boards of education in addressing this issue in their communities.

CABE looks forward to working with CAPSS, the new Governor, and others to support meaningful- and civil-civic engagement.

Board Members and Superintendents as Role Models in Civility Fran Rabinowitz

Executive Director, CAPSS

Incivility is becoming normal and that is dangerous to all of us. It seems as though every day we hear of situations of incivility. Just when I think I’ve seen or heard it all, another case makes the news. Examples of incivility extend from rudeness and disrespect to bad manners and disparaging remarks.

Many people are acknowledging this danger and are reflecting on what it will take to change course in this country. The good news is that each one of us can play an important role in restoring civility in our culture. This is especially true in our public schools.

Public schools are comprised of people with diverse perspectives. This is the beauty of our democracy as well as its challenge. How we choose to interact

with each other, especially with those holding different viewpoints, will ultimately influence our students and shape America’s future.

Boards of Education serve as excellent examples of democracy in action and provide a rich opportunity for its members to be role models for our students. As boards grapple with difficult budgets and controversial issues they must always consider the impact of their decisions as well as their decision-making process. The give and take of its members and the roles of compromise and consensus building as part of their deliberative process are teachable moments for students. When board members treat each other and the district staff with respect and dignity, they demonstrate that kindness isn’t a weakness and that it is possible to disagree without demonizing each other.

Superintendents lead the district and have a unique opportunity to set expectations for civility. How they conduct themselves in discussions with those holding opposing views during public meetings or meetings with staff and parents provides a roadmap for others to follow. They can support civility by acknowledging appropriate behavior during difficult times as well as model support for others to do better when they fall short.

Board members and superintendents have a responsibility to ensure that every student is taught the art of civility. Together, they provide the overarching leadership for this to happen in the school district and they must be committed to ensuring the explicit teaching of skills that support civil discourse especially when students engage with those holding opposing views.

Principals, as leaders of their schools, can grow civility by acknowledging and celebrating acts of civil discourse and appropriate dissent. Shining a light on civility will help increase awareness and provide an incentive for others to reject discourteous behaviors.

Teachers are the direct influencers of the next generation. Not only do they have the opportunity to demonstrate civility on a daily basis, but they are also able to create learning experiences for students to practice civility and reflect on what is gained when people wrestle with ideas and not each other.

So, as we begin a new school year, let us commit to making a conscious choice to demonstrate respect and humility while engaging with each other and help our students do the same.

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The Journal – Connecticut Association of Boards of Education | October 2018

The Policy Corner Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

Policy Guidance for Political Activities on School Board Property We again are in the midst of what has the potential to be another contentious election season. National, local and state elections remain hotly contested political events. The public schools will not be immune from the fury of political activity. Therefore, it is appropriate to review issues related to the political activities of staff and of political activities on school grounds and the needed policy direction.

The ability to express political ideas and to engage in political activities are freedoms that American citizens protect zealously. However, these rights in the public school setting are not boundless.

Political activity and the distribution of campaign materials and visits by candidates and/or their campaigning supporters at public schools is a controversial issue. The courts have provided some useful guidance.

The United States Supreme Court, in the Tinker v. Des Moines School District case, declared that “Neither students nor teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

However, this does not mean that teachers and students enjoy the freedom to speak on any topic at any time.

In the Bethel School District v.

Fraser ruling, the U.S. Supreme Court indicated that schools need not tolerate “lewd, indecent or offensive speech.”

School districts also can take appropriate steps to distance itself from certain kinds of speech, such as in a school newspaper or school website, when such speech is viewed as inconsistent with the school’s basic educational mission.

Therefore, within the principles established by Supreme Court rulings, boards of education may set reasonable time, place and manner restrictions on student speech, even if the speech is “protected.” This could result in the school’s interests in preserving the classroom for educational purposes to outweigh the student’s interests in engaging in political speech. It is necessary to balance the basic rights of students with the need for a calm, safe and respectful school environment.

The courts have taken a similar position with district employees, especially teachers. When the speech pertains to a matter of public concern, the courts balance the employee’s right to free speech against the interests of the school district. In addition, time, place and manner restrictions may apply. Boards must recognize that their employees enjoy private lives and may associate with others outside of school for political, economic, religious, cultural or personal reasons. The board’s supervisory staff, however, has the

responsibility to evaluate employees in terms of their effectiveness in discharging assigned duties and responsibilities.

When non-school activities impact upon a district staff member’s effectiveness and job performance, the board reserves the right to evaluate the effect of such non-school activities upon the staff member’s performance of employment responsibilities. Generally, school board employees acting in their individual capacities on their personal time

plans a political debate during the school day, the principal/teacher/sponsor should ensure that all candidates for the same public office or who have differing opinions on a political issue are given equal opportunity to participate. Teachers face particular challenges when they teach about political or controversial topics in class. They need to navigate the difficult line between providing information and advocating for a particular view. The curriculum

A board of education’s policy prohibiting the distribution of political materials must not distinguish between political parties, candidates or viewpoints. have the right to actively participate in political activities on behalf of any candidate, party or issue providing such activities are outside their assigned hours of employment. Such activities include such things as attending a political rally, participating on a campaign committee or phone bank, posting campaign signs, signing petitions, registering voters or advocating for a particular political position.

However, a board of education, through policy, may prohibit an employee from exercising these rights in a manner that suggests the district’s endorsement of a cause, candidate or issue. Further, such political activities by district employees must not interfere with their job performance or present a conflict of interests.

Also to be considered are the issues of candidates’ rights to information, employee participation in political campaigns, distribution of campaign literature and visits of candidates or their campaigning supporters to schools and school classes and/or functions.

Any candidate for any office has the same right to public and existing information as does any other citizen.

This includes the right to meet with an administrator for a reasonable period and to be given a tour of the school facilities, if requested.

District employees should not participate in nor may district facilities be used in political campaigns during school or work hours. Neither candidates nor their supporters, including school district employees, should be allowed to campaign on school grounds during school hours. Anyone wanting to use district facilities for political activities outside school hours should do so in conformity with the district’s “Community Use of School Facilities” policy.

If a class or school-sponsored group

must be delivered in a manner without indoctrinating students with their own political views.

The U.S. Supreme Court in its ruling in Garcetti v. Ceballos stated that when public employees make statements pursuant to their official duties, they are not speaking as public citizens for First Amendment purposes, and their comments are subject to regulation by the employer. Teachers, making statements during instructional time are speaking pursuant to their official duties, therefore, the First Amendment does not protect their comments. This permits school district policy prohibiting district employees from discussing their personal political views with students during instructional time.

Distribution of campaign literature and political statements by candidates or their supporters may occur in class and at a school event only as part of an instructional discussion of controversial issues. Teachers can use political materials as part of the instructional program, provided the material is germane to the instructional objectives of the class/course. Any presentation of political materials, or issues, or expression of view, however, must be balanced, fair and subject to policy parameters.

Another issue to be considered is the distribution of political or campaign literature. The U.S. Supreme Court in Perry Educational Association v. Perry Local Educators’ Association established that teacher mailboxes in a school system’s interschool mail system are “nonpublic” forums. Therefore, they are not open to general debate or the free exchange of ideas. A district may impose reasonable viewpoint-neutral restrictions on teacher mailboxes in order to exclude speakers or literature that would disrupt the system or hinder its effectiveness.

Restrictions on access to teacher

mailboxes may be considered reasonable when it is clear that the mailboxes are used exclusively for school-related purposes. Courts have acknowledged the school district’s need to avoid any appearance of political favoritism. In addition, district policy may also prohibit employees from using the school’s email network for campaign or political reasons provided the policy is reasonable and viewpoint neutral.

A regular newsletter of an employee organization that is normally distributed via the teacher mailboxes is not considered political material if it simply contains news of a political nature taken by the organization. However, a publication from, or newsletter primarily containing news or discussion about, any political action committee is considered political material and may not be distributed through the staff mailbox system.

A board of education’s policy prohibiting the distribution of political materials must not distinguish between political parties, candidates or viewpoints. If it does, the district potentially opens the mailboxes to all political expression and faces charges of discrimination.

A number of policy areas are impacted by this topic. These include policy #1311.2, “Political Activities in the Schools,” #1140, “Distribution of Materials by Students,” #1311.1, “Political Activities of School Employees,” #1330/3515, “Community Use of School Facilities,” #3543.13, “Mail and Delivery,” #4118.21, “Academic Freedom,” #6144, “Controversial Issues,” and #6153.2, “Student Participation in Election Process.” These are available upon request from the CABE Policy Service.

Upcoming Professional Development Opportunities October 18 Legal Issues 8:30 a.m. Registration; 9 a.m.-12 p.m. Program Sheraton Hartford South Hotel Postponed to early December; watch your email!

November 16-17 CABE/CAPSS Convention Mystic Marriott Hotel, Groton

The Journal – Connecticut Association of Boards of Education | October 2018

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The Journal – Connecticut Association of Boards of Education | October 2018

The Media Message

by Ann Baldwin, President and CEO, Baldwin Media Marketing, LLC

Show and Tell – Telling Your School District’s Story In the past several years of assisting school boards and districts with their public relations needs, I have found that much time and effort is spent on being reactive rather than being proactive to situations. Education, in general, is a target for the media and as a result, our schools can be cast in a negative light.

The good news is that this doesn’t have to be the case. In today’s world, we can’t rely on anyone but ourselves to share information about all the good things happening in our schools.

Businesses brand themselves and school districts need to do the same.

Today, nearly everyone has a social media presence on various platforms.

Ask yourself these questions about your district’s social media: • Is it being utilized to their full potential?

• Are you using this outlet to the best of your ability?

Social media can help districts share the amazing things that are happening in your school community. This is the perfect place to share

photos, videos and events to engage your stakeholders and to share positive news.

Creating promotional videos is also a tool that can help brand your district. Each year, Baldwin Media is asked to produce school highlight videos, which can then be shared on a website and social media. Posting such videos on district websites and in social media allows visitors, family members, new students and potential students to view them.

Instead of letting others tell your

district’s story make sure your district is the one telling the story by highlighting the things that make your district unique.

You can see an example of a recent video that we did for Ansonia High School at https://youtu.be/3CS_GcFm_ Jw. Every institution’s story is different. However, with proper branding, over time, you can shape the way your community thinks about your district.

All you have to do is Show and Tell!

LETTER TO THE EDITOR

Societal Norms, Judgment, The Law And School Board Advocacy It seems to this observer that school district management challenges are changing and becoming more challenging.

Shortly after joining my Board in the early 1980s, we were presented with a decision presented by a superabundance of snow days which had forced the 180th day of school into a late June Monday.

This, of course, occurred after it had been announced that graduation was planned for the preceding Friday. Every affected out of town grandparent had made travel and accommodation arrangement plans accordingly. The Board’s judgment was to go for a 179-day school year. After all: Monday would be useless as most kids would cut classes anyway and those who did attend would learn nothing other

than how silly they were for not joining the majority! We went ahead and held our exercises as originally planned.

When the Commissioner of Education learned of our initiative, his response was quick and definitive. “Do not EVER do that again” A lesson learned.

Also learned was that the words “Thou shall” in statute were key ones!

It can be argued that in today’s world our society is increasingly concerned with the protection of individual rights as opposed to “democracy” as expressed as “the greatest good for the greatest number” Also, society in general and the courts are less forgiving when individuals, especially children, are affected.

Recent federal and Connecticut legislation such as that implementing

mandated reporting appears intended to protect the most vulnerable among us and especially kids. It does not initially consider the situations of those on the other side of the equation, taking a board judgment consideration away.

“Local Board policies and procedures are equally important to promote the well-being of our students.” Add to this the increasing skepticism attendant with parent support (or lack thereof) of teacher and administrative objectivity when their child is the subject! Lots of Board and administrative judgment and diplomacy will still be required to put associated issues to bed.

Times certainly have changed!

The days of using only Board or administrative judgment to determine

the best solution to an issue for all parties are now increasingly tempered by statutes and regulations that the State of Connecticut and the courts take very seriously especially those involving students. Boards and district administrative leadership must stress to employees through their example and professional development activities the necessity of prompt compliance.

Good judgment, albeit tempered by more external rules and regulations, in today’s world is more important than ever!

J. Callendar Heminway is a Past President of CABE. He served as chairman of the Granby Board of Education and received CABE’s Philip S. Fenster Distinguished Service Award in 2006.

CRISTAL GLANGCHAI

With funny and inspiring anecdotes from her work, Dr. Glangchai shows how children as young as five years old can create innovative solutions to problems in the world. She shares how children can learn to create their own careers and how parents and teachers can encourage their entrepreneurial savvy at an early age. She explains how a mindset of curiosity and the entrepreneurial spirit translate into children who are resilient future innovators in whatever field they pursue.

Dr. Glangchai’s work has been featured in the Wall Street Journal, on the TODAY Show, NPR’s The TakeAway, Mashable, Medium, Silicon Hills News, Rivard Report, San Antonio Express-News, and in the San Antonio Business Journal. In 2014, she starred in the AOL Jeep commercial-documentary, “Side Streets,” which highlighted VentureLab as well as San Antonio’s entrepreneurial spirit.

In 2014, she was a selected speaker at

TEDx San Antonio, where she inspired others with her personal story, “From Stand-up to Start-up: Growing Girl Techies and Entrepreneurs.” Dr. Glangchai was a featured speaker in 2016 at SXSWInteractive and SXSWEdu. The San Antonio Business Journal has named Dr. Glangchai “Woman of

the Year,” and has also awarded her efforts as one of its notable “40 Under 40,” marking entrepreneurial achievements.

Dr. Glangchai will do a booksigning immediately following her session.

Copies of VentureGirls: Raising Girls to Be Tomorrow’s Leaders will be available in the Convention bookstore.

(continued from page 1)

book, VentureGirls: Raising Girls to Be Tomorrow’s Leaders, explores the state of the technology field, of women in science, and of entrepreneurial education, with detailed suggestions for encouraging girls to innovate and develop the grit that will enable them to become leaders in life.

Dr. Glangchai talks about the importance of getting children—especially girls—involved in STEM and entrepreneurship at a young age. She discusses how an entrepreneurial mindset can bring STEM to life in kids, and allow girls to follow their passion, whether in art, science or music. Dr. Glangchai offers insight into how to challenge the current set of beliefs around education, especially girls’ education, to promote a system that helps kids think like innovators and changemakers.

For an update or more information on vacancies go to our website: MARY BRODERICK, ED.D SENIOR CONSULTANT

cabe.org/page. cfm?p=1176

For more information contact

CABE Search Services P.O. Box 290252, Wethersfield, CT 06129-0252

860-608-1763 Equal Opportunity Employer

The Journal – Connecticut Association of Boards of Education | October 2018

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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:

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

z Met with new Waterbury Superintendent Dr. Verna Ruffin and Chair Liz Brown. z Provided policy information in response to 44 requests for policy information to 23 districts, one RESC, one attorney, two newspapers and one out-of-state school board association on 42 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 included use of social media, SROs, student records, student representatives on the board of education and the required basic instructional program.

B y helping school boards to increase student achievement:

z Provided District Goalsetting workshop for the Litchfield and Brookfield Boards of Education. z Sent via email listserv two issues of “Policy Highlights” covering topics that affect student achievement.

This included school oral health assessments, school safety, Every Student Succeeds Act (ESSA),

and use of digital devices in the classroom.

B y promoting public education:

zF acilitated discussion on civility with CABE Leadership Institute Alumni. zA ttended and participated in CAPSS Board of Directors meeting.

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

z Prepared materials as part of the Custom Policy Service for Ansonia, Branford, East Windsor, Killingly, New Canaan, Newtown, Region #14 and Winchester.

B y providing services to meet member needs:

z Met with CAPSS Executive Director Fran Rabinowitz to discuss civility. z Met with Hebron Board of Education to discuss advocacy and legislative issues. z Facilitated Montville Board of Education goal setting. z Provided legislative update and facilitated goal setting retreat for Canton Board of Education. z Planned and implemented successful Summer Leadership Conference. z Facilitated board retreat for the Hamden Board of Education. z Conducted retreat planning for the Ellington and Waterbury Boards of Education.

Commissioner Betty Sternberg. z Attended and participated in Education Commissioner’s Back-toSchool Meeting. z Attended NSBA Leadership Conference. z Discussed student voice workshops with Public Agenda and Nellie Mae Foundation. z Participated in NSBA Conference call on recent NSBA Board of Directors meeting. z Participated in conference call with the Campaign for Working Connecticut. z Met with Dalio Foundation’s Chief Education Officer Andrew Ferguson and Emily Pallin on the work of Connecticut RISE. z Participated in CABE Executive Committee/Committee Chair/ Senior Staff retreat, facilitated by East Hartford Superintendent Nate Quesnel. z Participated in CABE Orientation of Area Directors. z Participated in interview by Board of Directors, CAPSS Executive Director Fran Rabinowitz and CASBO representatives David Lenihan and Sharon Bruce of Oz Griebel, independent candidate for governor. z Attended meeting of CT Commission for Educational Technology.

z Prepared materials as part of the Custom Update Service for Sterling and East Hampton. zC ompleted the audit of the policy manual of the Region #18 Public Schools. zC urrently in the process of auditing the manual of the Woodbridge Public Schools. zE ntered into an agreement to do an audit of the policy manual of the North Canaan and Suffield Public Schools.

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

z Presented testimony to the School Safety Working Group. z Discussed education issues on WTIC-AM. z Discussed school communications on WDRC-AM. z Participated in Fingerprinting Work Group meeting. z Attended State Board of Education meeting. z Participated in press conference with Senator Chris Murphy on school safety and security. z Participated in CSAE/ASAE webinar on Building a Member-Centric Culture. z Represented CABE and school boards at Central Connecticut State University workshop on teacher leadership, led by former

Registration Is Open!

CABE/CAPSS Convention | November 16 - 17, 2018 | Mystic Marriott Hotel, Groton, CT Follow along with v Be Inspired by our convention speakers Friday morning Keynote Speaker | Friday, November 16 | 8:30 – 10:45 am

Marc Brackett

Friday Evening Dinner Speaker | Friday, November 16 | 5:45 – 8:15 pm

Cristal Glangchai

v Student Panel Discussion | Saturday, November 17 | 12:05 - 1:35 pm

What do students think about transforming K-12 education?

This keynote panel features the leaders of tomorrow – students from diverse backgrounds, immersed in next generation learning models, who will share their perspectives on shifting toward student-centered approaches to learning. They will present research they have gathered and will take questions from the audience.

vD iscover what will help you be an effective board member with 35 workshops sessions, like

#CABECAPSS2018

for the latest Convention updates.

2018 CABE Events Mobile App

Get instant access to all sorts of valuable, information, including the CABE/ CAPSS Convention.

Be sure to download this app as the prevous one is no longer supported!

• Revisiting School Safety • Real Case Studies in Crisis Communication • Implicit Bias: How It Impacts Your Work • Grading Practices

vE xplore the Exhibit Hall Floor… Visit more than 50 exhibitors who are excited to share ways they can

@ConnecticutAssociation ofBoardsofEducation @CTAssocBdsofEd

help your district’s work.

Register NOW and SAVE!

Register today at: http://www.cabe.org/page.cfm?p=1145

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The Journal – Connecticut Association of Boards of Education | October 2018

Patrice McCarthy’s Remarks on School Safety and Security

CABE was invited to participate in a press conference hosted by U.S. Senator Chris Murphy (D-Conn.), a member of the U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee on September 7. Participants called on U.S. Department of Education Secretary Betsy DeVos to abandon plans to use federal funds to arm teachers and to support meaningful federal investment in the social and emotional well-being of students.

CABE Deputy Director and General Counsel, Patrice McCarthy delivered the following remarks: “The Connecticut Association of Boards of Education appreciates the efforts of Senator Murphy, Commissioner Wentzell and our other partners in the education community in addressing the issue of school safety and security in a meaningful way.

When we meet with our colleagues around the country, it is clear that Connecticut is seen as a model for what we have done to make our schools safe and secure learning environments – and that has not included arming teachers.

In August, working with the National School Boards Association, we had the opportunity to present testimony to the US Department of Education Federal Commission on School Safety, and we raised the same issues we address today.

As we begin the new school year in Connecticut, school boards have a renewed focus on the social and emotional well being of their students. Teachers and administrators are engaged in professional development so they are better prepared to recognize and address the emotional needs of their students and to support their colleagues. When school board members and superintendents gather this

November for their annual conference, they will learn from a keynote speaker, Dr. Marc Brackett, who is an expert on social and emotional intelligence.

Developing skills in conflict resolution and civility will benefit all our students - and the adults in our communities. The ability to have a civil discussion with those who have different points of view is an important life skill.

There is an important role for the federal government in helping school boards address the needs identified at the local level. There are not enough mental health professionals trained to work with our youngest students, many of whom enter school impacted by trauma. We need a more robust pipeline of professionals to work with these students.

It is not just about preventing shootings – we need to ensure that there is a school culture that supports the needs of all students, enabling them to benefit from their education and lead healthy lives. Federal resources must be made available and sustained to expand access to mental and behavioral health services and wraparound services for our students.

There are too many gaps in the availability of these services.

According to the National Alliance on Mental Illness, one in five children and adolescents experience a mental health problem during their school years and nearly 50 percent of students do not receive the treatment they need due to stigma and a lack of access to services. Support for these interventions will help avert tragic outcomes.

We look forward to continuing to work together to make our schools safe, welcoming and supportive for all our students.”

CABE’s School Safety Letter to the U.S. Department of Education August 9, 2018

Dr. Mitchell Zais United States Deputy Secretary of Education and the Federal Commission on School Safety

Dear Dr. Zais: As the association representing boards of education in Connecticut, where the heart-breaking and tragic school shooting took place at Sandy Hook in 2012, we feel that we have a special obligation to raise our voices as the School Safety Commission meets and prepares its recommendations.

To us, the idea that Americans can send their children to school every day and not feel confident that they will come home again is unconscionable. The fact that our teachers and school staff worry about their safety is unacceptable.

This is not an issue dealt with by a few states unlucky enough to have suffered these tragedies. It is a national issue that affects all of our communities and the Federal Government has an important role: lead the way and provide resources and guidance to address these issues.

We see the need for a holistic response to these events, including the following: --We must invest in the security of our schools. While we do not want to turn our education settings into imposing fortresses, we have a responsibility to our students and staff to ensure that they feel safe and secure as they devote themselves to the studies that will prepare them for adulthood. Connecticut has led this effort and continues to make funding school security infrastructure a priority despite the State’s difficult fiscal situation.

Our recent visits to the new Sandy Hook Elementary School shows it is possible to combine safety features with an optimistic, uplifting environment. Communities with old schools being renovated and new schools being built should use this school as a model of combining safety, security and a positive environment.

— Many disturbed individuals do not receive the mental health treatment that they need. School safety and mental health should not be secondary concerns in any society.

We need to operate more effectively as a nation to identify individuals at risk of committing acts of violence such as those who committed these tragic acts and ensure they have access to and receive the services and interventions necessary to avert the outcomes that we mourn today. In many cases, these individuals have raised flags prior to acting. We need to fund the mental health and counseling services that allow individuals to address the traumas they may be experiencing and resolve them in a healthy manner and not through acts of unthinkable horror such as Sandy Hook and most recently, Parkland, Florida.

We need the Federal Government to provide greater and sustained resources to boards of education necessary to handle these issues. Every community in the country is unique and the needs of one may not be the needs of another. Allow boards to deal with these issues as best they see fit for their schools and communities. Boards know the best ways to address these issues for their schools, such as through emergency preparedness training, the deployment of school resource officers, additional school counseling, and response training. For the greatest effectiveness, there must be additional coordination at the town or city and state levels.

— While we understand that this Commission may not address gun issues, it is shameful and shocking that a disturbed individual can acquire the means to destroy so many lives and impact a community for generations to come… and the Federal Government does not act.

We need sensible gun laws at the federal level and across the country that appropriately safeguard public safety. In the wake of the tragedy at Sandy Hook, Connecticut took action to expand the state’s ban on assault weapons and banned large-capacity magazines such as the ones used in Parkland, Florida. However, state lines are porous, and statutes such as Connecticut’s only go so far. We must also ensure that mandatory background checks for individuals seeking to purchase guns keep weapons out of the hands of those who pose a danger to our communities.

We wish the Commission success on its important mission and stand ready to assist as it addresses the important issues facing schools across our nation.

Sincerely yours,

Robert J. Rader Patrice A. McCarthy

Patrice McCarthy, CABE Deputy Director and General Counsel speaks about school safety at Senator Chris Murphy’s press conference on Secretary of Education Devos’ concept of guns in school.

People in the News Gubernatorial Independent Candidate Oz Griebel speaks to the CABE Executive Board and representatives from CAPSS and CASBO.

William Westervelt, a former member of the East Granby Board of Education and CABE leader died recently. Bill had received CABE’s Distinguished Service Award in 1982 in recognition of his advocacy for public education. Bill had a lifetime of service to his community, serving as a leader in many local organizations.

CABE extends its sympathy to Bill’s family.

The Journal – Connecticut Association of Boards of Education | October 2018

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For Superintendents: Preparing Students for the Future is a Major Challenge Robert Rader

Executive Director, CABE

The 2018 Gallup Poll of K-12 superintendents across the country indicated that almost three-quarters of district CEOs say that “preparing engaged citizens has become a major challenge for their districts.”

Kate Stringer of The 74, which is “a non-profit, non-partisan news site covering education in America” authored an article focusing on Gallup’s newest poll. Every year Gallup provides surveys of educators, including superintendents.

Gallup did not provide any reason that the 74 percent of superintendents answered they “strongly agree/agree” against the 51 percent in 2013 and 50 percent in 2017. According to Stringer, the Director of Research at Gallup Education Tim Hodges believes that the “reason might be the nation’s heated political climate combined with the wave of student activism that followed the school shooting in Parkland, Florida.” Hodges stated that he thinks “superintendents are more acutely aware of students’ desire or potential to organize in ways that maybe we haven’t seen since Vietnam.”

Effectiveness of Schools

Stringer also reported that when they were asked how they measured the effectiveness of their schools, “only 9 percent said standardized test scores were very important and 52 percent said they were somewhat important.

Much more popular were measurements like students’ hope for the future, student engagement, and high school graduation rates, with nine in 10 superintendents ranking these as very important.”

Since Gallup started polling superintendents in 2013, Stringer went on, superintendents never placed standardized testing at the top of the list, but, fewer are ranking it as “very or somewhat important, and more are saying it’s not very or not at all important. She stated that from 2016 to 2018, “these numbers saw a 10-point drop in importance and a 10-point increase in nonimportance.”

Connecticut Superintendents

Since the Gallup poll was national, I asked CAPSS Executive Director Fran Rabinowitz whether the opinions of superintendents in our districts would agree with these results. Her response:

“Superintendents in Connecticut are focused on the Portrait of the Graduate – what are the dispositions, skills and knowledge that our students need to have to become independent, successful citizens with fulfilling lives? Superintendents from many districts – suburban, rural and urban met over the summer in a three-day summit at Wesleyan University to begin development of this vision, much of which exists but now needs to be focused and owned by the community.

This work requires transformation of many systems within our schools to prepare students for a world that is changing as we speak and write. We know, for example, that it will always be important to problem solve, to comprehend the written word and to communicate effectively. Superintendents and their staff wrestle with the mastery of these and other competencies across complicated coursework that is relevant to students and will prepare them for jobs that may not even exist in 2018.”

My Take

I believe that these results indi-

cate that the public’s and the federal focus on different aspects of what the schools are supposed to do for students makes it very hard to concentrate on what is most important. While NCLB and the various Races to the Top concentrated on testing and their results, ESSA gives more flexibility and the opportunity to determine what will best help students prepare for their futures.

Connecticut has adopted a Next Generation Accountability System that will enable all of us to concentrate on more areas, such as graduation rates, arts access and academic growth, which should help us, together with districts’ individual Portrait, focus on building the abilities and the knowledge to be successful in the future.

CABE’s increased focus on issues such as student voice, diversity, civility and social-emotional learning, can strongly impact what is occurring in our schools and how we prepare students for the future. Especially at a time of such partisan divide in our nation, CABE, together with CAPSS and board members working with superintendents, will help our students become ready for the future they will inherit.

What will

C.O.P.S

provide YOUR district?

• A policy manual updated within days of a board meeting.

• Access to your policy manual 24/7 anywhere with Internet capability.

• Timesaving links to legal and cross references.

• A search engine specifically designed for board policy manuals.

Members of the State Board of Education and Commissioner Wentzell met with the CABE Board of Directors. State Board members pictured L to R: Donald Harris (Bloomfield), Chair Allan Taylor, Commissioner Dianna Wentzell, Terry Jones, and Robert Trefry (Technical High School System).

• The ability to search other online districts for sim­ilar policies or language.

• A happier staff that will have less paper to deal with.

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

vmusta­ro@cabe.org for full details

Ann Gruenberg (Hampton), CABE Immediate Past President; Donald Harris (Bloomfield), CABE First Vice President; Lydia Tedone (Simsbury), NSBA Director; Robert Mitchell (Montville), CABE President; Patrice McCarthy, CABE Deputy Director and General Counsel; and Robert Rader, CABE Executive Director participated in NSBA’s Summer Institute.

14

The Journal – Connecticut Association of Boards of Education | October 2018 November 16-17, 2018

TOP TEN reasons to join us at the

2018 CABE/CAPSS Convention Connecticut’s Future: Transforming Schools, 10 Transforming Lives

Renew old friendships and develop new ones

Board members are never at a loss for conversation because they have the universal bond of children’s education to discuss.

9 Reenergize yourself

Each of us needs to be nudged out of the rut occasionally to help us regain the fervor we possessed as a newly elected board member ready to revolutionize education.

8

Become familiar with the uniqueness of other districts

The annual Convention provides you with the opportunity to learn more about each other by sharing concerns and successes with other districts.

7 Find common interests and concerns

6

If you thought your district was the only one dealing with a particular issue – think again!

Connect with other board members

The annual Convention is the perfect place to meet individuals who share your passion for education. Talk one-on-one with people who are as energetic, committed and caring as you are.

5

4

Develop your boardsmanship skills

Board members come from all walks of life and are required to set the vision and direction of the district, hire and evaluate the superintendent, and establish the budget, along with many other responsibilities.

To do all this without training would be irresponsible.

To divide and conquer

Examine the agenda, select topics of interest and send each board member to a different workshop session.

3 Become a part of the solution

2

Exercise leadership

Every one of you is a “mover and shaker” in your home community. You come from every possible political agenda and yet you put that aside to pull together for children.

Attend the annual Convention because you want to make things happen for Connecticut’s children.

When board members speak from the heart and everyone gives a little to go forward, we are a strong, unified voice for education.

Attend the Convention to better understand the issues so we can move quickly towards developing solutions together.

1 Advocate for Connecticut’s children

Board member education and advocacy go hand-in-hand if the children are to benefit.

You can be part of advocating for all of Connecticut’s children.

MOVING FORWARD:

Four Important Lessons Learned for Schools from the Storm-Related Events of 2017 Louis B. Tallarita, LMSW

Education Consultant, CT State Dept. of Education, Office of Student Supports and Organizational Effectiveness, Bureau of Health/Nutrition, Family Services and Adult Education

Early in the 2017-18 school year, hurricane- and storm-related events both in and around the United States caused the displacement of thousands of families. Many displaced families, mostly from Puerto Rico but also the U.S. Virgin Islands, Florida and Texas, arrived in Connecticut seeking safety and security away from their storm-ravaged homes. As a result, over 2,100 children and youth displaced from storm-affected areas enrolled in Connecticut public schools and were provided educational and other supportive services. Connecticut school districts are to be commended for facilitating students immediate access to school and creating a welcoming environment for them and their families.

Families, children and youth that lose housing—whether displaced by a disaster or emergencies, or due to economic reasons— want to return to a sense of normalcy. As such, reconnecting children and youth to school is especially important during these times, providing students with a sense of stability.

Arriving upon the one-year anniversary of these storm events, its important to look back and reflect upon what went well and what we can do to be prepared for any similar future events. Here are four important lessons for schools to consider: First, effective policies and procedures aligned with the McKinney-Vento Homeless Assistance Act is key. Under the federal McKinney-Vento Act, all school districts must develop, review, and revise policies in order to remove barriers to the identification of children and youth experiencing homelessness. Identification is a critical first step in connecting students in homeless situations with the information, resources, and supports they need to ensure equal access to the same free, appropriate public education, including a public preschool education, provided to other children and youth.

Protocols developed by local homeless liaisons and district leadership should ensure that school policies and procedures are firmly in place for students experiencing homelessness. This includes assisting with immediate school enrollment by continuing to attend their school of origin or enrolling in the new school; promptly evaluating and referring students for support services; providing ongoing professional development to staff on the rights and services for students who are homeless; and routinely collecting data to measure the success of students experiencing unstable housing situations.

Second, although many students may have similar needs, every student’s needs must be considered individually. There is no “one size fits all” approach to serving children and youth who have been displaced and for those experiencing homelessness. Some may face unique barriers to accessing and succeeding in school.

Speak with the parent or youth directly to help determine what educational services and supports are appropriate, understanding that these conversations are very personal for the family and youth. Once a student’s individual circumstances and

needs are evaluated, staff should act quickly to provide transportation (if necessary), school meals and other student supports.

Schools must also be prepared to assist with crisis counseling and trauma support for some families, as well as links to housing, food, medical, and other resources.

Third, community leaders, partners and residents want to help, so ask for assistance. Collaboration is key to ensuring a coordinated approach to providing supports and services for families and youth experiencing homelessness. This includes not only linking them to school resources, but also with community, business, and faith-based partners to address the broader needs of families and youth, such as access to health, mental health, dental, and housing supports. Food and clothing drives, backpack collections and other fundraising activities provide the opportunity for communities to respond to the identified needs of children and youth who are displaced and/or homeless.

Finally, a disaster or housing emergency may be brief, but the recovery from losing housing may take time. School districts should be prepared to serve and maintain contact with students and their families as they recover from a loss of housing. This process may take time and may extend from one school year into the next.

For families with limited means, affordable housing and housing resources are scarce and they may often not qualify for programs or services necessary to secure stable housing. Some families may transition between temporary living arrangements as they recover from losing their homes, which may require new or revised supports, such as transportation to and from school. Staying in touch and maintaining ongoing communication between school and families is essential to ensuring that students experiencing homelessness feel welcome at school, attend regularly and stay in school.

Hurricanes, tornadoes, floods and a wide variety of other emergencies can impact children and families, creating an urgent need for comprehensive support systems. Addressing the needs of displaced students and ensuring housing stability should be among every community’s plan to provide for families and youth experiencing homelessness.

The Connecticut Coalition to End Homelessness (www.cceh.org) and the Partnership for Strong Communities (www.pschousing.org) work to strengthen housing availability and service coordination for families experiencing unstable housing situations in every community.

These agencies can help school districts find partners in their own communities to identify and work with these families and plan for emergency situations. School-linked partnerships are essential to meeting the needs of students and families at risk. Please refer back to this space in November for an additional article and access to toolkits to assist students facing homelessness.

For additional information on the McKinney-Vento Homeless Assistance Act and resources to serve students and families facing unstable housing situations, please contact Louis Tallarita at louis.tallarita@ ct.gov or 860-807-2058.

The Journal – Connecticut Association of Boards of Education | October 2018

15

The Many Faces of Janus v. AFSCME

What School Districts Need to Know Now and What May Be Coming Soon Rebecca Adams

Sr. Staff Attorney, CABE

On June 27, in one of its most important labor law decisions, the U.S. Supreme Court declared that mandatory payment of “agency fees” to public sector unions is unconstitutional. In Janus v. American Federation of State, County, and Municipal Employees, Council 31, the court ruled that it is a violation of the First Amendment for a public employee who is a non-union member to be required to financially support the union that negotiates with his or her employer.

An “agency fee” is the amount of union dues with a reduction for union expenses for political activity. Until June 27, 2018, employees who fell bargaining unit but who chose not to join the union were required to pay an agency fee, and school districts have made payroll deductions to cover these fees as was required by state law and the terms of collective bargaining agreements. The Janus decision was effective as soon as it was released which meant school districts, and all public sector employers, were legally required to discontinue deducting agency fees that day.

Shortly after the Supreme Court ruling, CABE provided member districts with guidance regarding implementation of Janus: • Stop deducting all agency fees.

• Without exception, refer employees with questions about union membership, including how to withdraw from the union or to stop dues deductions to the union, to the Union.

• Continue deducting union membership dues as required by law and contracts.

• Review the collective bargaining agreements, particularly to see if they contain a “severability clause,” language which validates all aspects of a CBA even though the contract provisions requiring agency fee deductions are unenforceable.

• Work with unions to address implementation and contract issues.

• Stop deductions as of June 27, 2018, but ensure that proper payroll deductions were made prior to that date.

School district obligations to union member employees have not changed.

Districts must continue to deduct union dues from payroll for employees who choose to remain union members.

This right remains undisturbed by the Janus decision. This may become more challenging than it was pre-Janus.

The administration will now need to keep careful records of which employees are union members, which are nonunion members who have not opted

for agency fee deductions, and which nonunion members have voluntarily agreed to pay fees to the union. It is, and will continue to be, important for school districts to work with union leadership to keep up-to-date list of members and the two categories of nonunion members to ensure ongoing compliance with Janus and Connecticut law.

When a collective bargaining agreement does not contain a severability clause, negotiation with the union, limited in scope to provisions invalidated by Janus, will be necessary.

The majority of contracts have severability clauses, called that because a provision that becomes illegal or unenforceable is severed and the rest of the contract remains valid, but some do not.

Where the offending provision is not automatically severed, the contract is open to legal challenges because they require action which is now illegal. Thus far, unions have been cooperative and have readily agreed to address the issue through a memorandum of understanding stating that the agency fee provision is void or a contract amendment eliminating that language from the contract.

Are changes to Connecticut collective bargaining laws on the horizon?

In anticipation of the Janus decision, New York lawmakers made significant changes to collective bargaining statutes designed to protect the financial

well-being of New York public sector unions. The law now limits the duties of unions to nonmembers to “negotiation and enforcement” of collective bargaining agreements and specifically relieves the union of any duty to represent nonmembers during disciplinary questioning by employers, in statutory or administrative (state agency) proceedings, and in any stage of grievance, arbitration or other contractual process concerning the evaluation or discipline of an employee.

Will similar legislation be introduced in Connecticut? Are changes to collective bargaining statutes likely to become law? What services are unions obligated to provide to nonmembers who decline to pay agency fees under the duty of fair representation now?

Could districts be required to refund agency fees collected prior to June 27, 2018.

For answers to these and other frequently asked questions and emerging Janus legal issues impacting school districts related to Janus, join us at the upcoming CABE Legal Issues Workshop, December, 2018.

For questions or more information contact Rebecca Adams, CABE Senior Staff Attorney, at radams@cabe.org or (860) 571-7446

16

The Journal – Connecticut Association of Boards of Education | October 2018

Serving the Legal Needs of Connecticut’s Boards of Education Pullman & Comley’s School Law practice works with school districts, their boards of education and administrators to find practical, innovative and cost effective solutions to the legal issues they face. We provide legal counsel to school districts in connection with reviewing and revising policies and procedures, Freedom of Information Act issues, student discipline matters, and addressing other challenges school districts face on a daily basis. Additionally, our attorneys have significant experience in successfully representing school districts with respect to: O

Special education issues

O

All aspects of employment and labor relations matters, including collective bargaining and counseling concerning employee discipline issues

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Cases in the federal and state courts and before administrative agencies

William R. Connon 860.424.4385 wconnon@pullcom.com

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Please visit Education Law Notes, our school law blog that covers issues of great interest to school districts, including labor and employment, special education, gender and disability rights, FOIA, social media, bullying and policies and procedures at http://schoollaw.pullcomblog.com/.

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