The CABE Journal - October 2022

B C

www.cabe.org

Vol. 25, No. 9

October, 2022

George A. Coleman Joins the CABE Search Services Team

CABE/CAPSS Convention Committee Announces Friday Morning General Session Speaker

Executive Director & General Counsel, CABE

Sr. Staff Associate for Professional Development and Communications, CABE

Patrice McCarthy

George A. Coleman

degrees in early childhood education and curriculum and instruction from Teacher’s College at Columbia University. He received CABE’s Friend for Public Education award in 2007, CABE’s highest honor to a non-school board member.

George joins Senior Search Consultant Dr. Mary Broderick, as well as Associate Consultants Dr. Jack Reynolds and Paul Gagliarducci.

Welcome, George!

Happy Fall!

during the tough years of COVID-19.

She went on to say the work of the State Board will include: •C reating a diverse student body that is able to enter into the world, and •T aking a broad look at the work of the Board’s five-year plan.

Vice Chair Benham was pleased to share that the joint efforts on teacher evaluation guidelines should come to the State Board in January.

CABE board members asked about how to engage parents, which prompted the Commissioner to talk about the quarterly Commissioner’s Parent Roundtable. A concern was raised about the media over-emphasizing learning loss while boards and educators are emphasizing that students have done well in their learning in very trying times. In fact, many have thrived! Also mentioned was

The CABE/CAPSS Convention Committee is pleased to announce that Dr. Nii Addy; neuroscientist, Yale University professor and mental health advocate; will be the Friday morning General Session speaker at this year’s Convention.

While growing up, Dr. Addy knew one thing for sure: He was never going to choose his father’s profession of psychiatry. Fortunately for all of us, he changed his mind. Dr. Addy did, indeed, choose a similar path as his dad.

And today, he is an influential neuroscientist and mental health advocate at one of the nation’s premier universities.

Dr. Addy is an Associate Professor of Psychiatry and of Cellular and Molecular Physiology at Yale University. At the Yale School of Medicine, he directs a federally funded research program investigating the neurobiological bases of depression, anxiety, and substance use disorders. Dr. Addy’s team also studies the ability of tobacco product flavor additives to alter nicotine use behavior and addiction.

As the creator and host of powerful town hall events, he has also built unique partnerships between scientists, clinicians, educators, faith leaders, entertainers, professional athletes, and community and mental health advocacy groups. In these engaging town

See CABE BOARD page 3

See CABE/CAPSS CONVENTION page 2

CABE Board of Directors Meets with Members of the State Board of Education Sheila McKay

Sr. Staff Associate for Government Relations, CABE

The Board of Directors welcomed members of the State Board of Education to its September Board meeting.

The CABE Board was joined by Commissioner Charlene Russell-Tucker, Chair Karen DuBois-Walton, Vice Chair Erin Benham, member Allan Taylor, and student member Valli Pendyala from South Windsor High School. Donald Harris who serves on both the State Board and the CABE Board also participated. The Commissioner began her remarks by sharing the message the Board and State Department of Education (SDE) is sharing with all students that “You can do it!” Yes, much effort is needed to catch students up but equally important is creating this mindset that the sky in NOT the limit!

The Commissioner shared that SDE is working to promote what is right with education, in part by making district data/information available to parents and the community so they can see how well districts are doing.

Chair DuBois-Walton thanked local and regional board members for their role in moving learning forward

inside

CABE is delighted that George A. Coleman has joined the CABE Search Services team.

George was twice named Acting Commissioner of Education during his 24 year career in the Connecticut State Department of Education (SDE).

While at the SDE he also held the positions of Deputy Commissioner of Education, Associate Commissioner of Education, Chief of the Bureau of Curriculum and Teaching and Chief of the Bureau of Early Childhood Education.

Mr. Coleman holds graduate

Lisa Steimer

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Twelfth Annual Leadership Conference

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Integrating Mental Health into the WSCC Model for School Health

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Commissioner’s Back to School Convening

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

Spotlight on Public Education Liz Brown

President, CABE

A recent New York Times article posited the question, “The past few years have brought disruption after disruption to America’s schools. It has been… stressful. We now have a chance to step back and ask: What is school for?” At first, I thought, of course, I know what public schools are for, education of all children.

But a deeper look at the myriad responses from broad stakeholders gives pause.

Responses included: School is for… learning together, developing citizens who will protect democracy, promoting academic excellence, giving kids a shot at social mobility, and learning how to express ourselves. One response really did give pause - for wasting time and money!

How did public education, once an unquestioned beacon and foundation of

a democratic society become a political magnet for derision and deconstruction?

A recent column by Chris Powell ranted, “Public education… with its secrecy, deception, political correctness, pretension, contempt for parents, unaccountability…” shows unequivocal contempt for public education. The juxtaposition of views is striking!

What are schools for? As elected Board members, we have committed ourselves to the education of all children in Connecticut. I do not know one Board member who disdains public education and seeks to abolish it as wasteful. How do we get our message out that public education is the best investment our society can make, children are our future?

Public education indeed is in the spotlight. That means Board members are too! How we conduct ourselves at Board meetings reflects our beliefs and

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 principles. Does my Board have a code of conduct? Does my Board have an ethics policy? Does my Board mirror civil discourse and transparency?

Public education like so many democratic institutions is under a microscope. I urge all Boards to reflect, reset and recommit to public education as the best response to negativity. Children in Connecticut depend on us to continue our advocacy and belief in public education. A worthwhile discussion, What Are Schools For?

Conrad Vahlsing Promoted to CABE Senior Staff Attorney

CABE/CAPSS CONVENTION

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hall conversations, panelists discuss topics at the intersection of neuroscience, mental health, faith, culture and social justice.

Dr. Addy also hosts the Addy Hour podcast, where he explores the same subjects with community leaders, scientists, professional athletes, entertainers, faith leaders and mental health experts.

His research and community work has garnered national media attention, including coverage by National Public Radio (NPR), Newsday, the National Football League Players Association (NFLPA), The Source Magazine, Chuck Norris, STAT, Relevant Magazine and others.

In his groundbreaking initiatives, Dr. Addy has collaborated with Lecrae (Grammy Award-winning artist and NY Times Best Selling Author), Allan Houston (former NBA All-Star, NY Knicks/FISLL Project), Doug Middleton (Jacksonville Jaguars/Dream the Impossible Initiative), the National

Mission: To assist local and regional boards of education in providing high quality education for all Connecticut children through effective leadership.

Dr. Nii Addy

Alliance on Mental Illness (NAMI), the Anxiety and Depression Association of America (ADAA), the Association for Behavioral and Cognitive Therapies (ABCT), the Yale University Chaplain’s Office, Yale Well, the Salvation Army, and a number of others.

We look forward to hearing from Dr. Addy as boards of education and superintendents lead during these challenging times.

Conrad Vahlsing was promoted to the position of Senior Staff Attorney at CABE in early September. Conrad has been an invaluable resource to board members, superinConrad Vahlsing tendents, and their administrative professionals, responding to phone calls and emails addressing legal and labor relation issues. He has also presented at numerous workshops, as well as a workshop on legal liability at the National School Boards Association Annual Convention. Conrad provides legal support to CABE’s Policy Services department and offers professional development to school governance councils.

We appreciate Conrad’s continued contributions to the work of school boards.

Congratulations, Conrad!

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

Patrice McCarthy | Executive Director and General Counsel Nicholas Caruso | Senior Staff Associate for Field Services and Coordinator of Technology Sheila McKay | Senior Staff Associate for Government Relations Lisa Steimer | Senior Staff Associate for Professional Development and Communications Conrad Vahlsing | Senior Staff Attorney 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 | A dministrative Associate for Digital Communications Nancy Propfe | Administrative Assistant for Membership Services Corliss Ucci | Receptionist and Assistant to Executive Director

CABE Journal (ISSN 1092-1818) is published bi-monthly by Connecticut Association of Boards of Education, 81Wolcott Hill Road, Wethersfield, CT 06109. Periodicals postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75.

Association members dues include a subscription for each Board Member, Superintendent, Assistant Superintendent and Business Manager. The companies and advertisements found in The CABE Journal are not necessarily endorsed by CABE.

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

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

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EDUCATIONAL AFFILIATES American School for the Deaf Area Cooperative Educational Services (ACES) Cambridge International Capitol Region Education Council (CREC) Connecticut Alliance of YMCAs Connecticut Arts Administrators Association Connecticut Association of School Business Officials (CASBO) Connecticut School Buildings and Grounds Association (CSBGA) Connecticut School Counselor Association Connecticut Technical High Schools Cooperative Educational Services (C.E.S.) EASTCONN EdAdvance Explorations Charter School Great Oaks Charter School Integrated Day Charter School ISAAC LEARN

EXECUTIVE DIRECTOR COMMENTARY

Board of Education Succession Planning Patrice McCarthy

Executive Director & General Counsel, CABE

As board members begin to look ahead to the 2023 local elections, those whose terms are ending face weighty decisions. Will I run again?

Can I continue to help my community in this important volunteer role? If I chose not to run, how can I help identify, encourage and support other community members to take on this role?

Potential candidates often need encouragement and mentoring before they put themselves into the political arena. Few people wake up one morning and say “I want to be a school board member.” Cultivating potential candidates will take time and persistence.

CABE’s Leadership Institute Alumni met recently and their thoughts, and my own observations, provided many suggestions relevant to succession planning for boards of

CABE BOARD

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that there are districts that are experiencing civil strife and need to make efforts to correct misinformation. The Commissioner recommended that districts share as much information

education, including: • S hare the successes of your school district. People gravitate to a successful team.

Take the time to celebrate the accomplishments of your leadership team, and communicate those accomplishments to your community.

•C ultivate the members of your PTA/PTO and school governance councils. These individuals have already demonstrated an interest in your schools – capitalize on that.

•R each out to recently retired citizens. They bring a wealth of experience from their professional lives, and are often looking for a way to continue to contribute to society.

•W ork with your town committee leadership to identify individuals that reflect the diversity of your community and your students. with parents, who can be the best advocates in our communities.

The CABE Board of Directors and staff always appreciate the opportunity to engage in dialogue with members of the State Board and the Commissioner.

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Members of the State Board of Education, Commissioner Russell-Tucker and the CABE Board of Directors engaged in valuable conversation.

• Conduct yourself with civility and focus on collaboration.

Potential candidates will consider whether the school board is a well-functioning body.

You are a role model for your community.

• Encourage members of the public to attend a board member roles and responsibilities session.

CABE staff can deliver the content and you can discuss the rewards of board service.

These strategies may yield potential board of education candidates, and will also increase the community’s understanding of the role of the board. As board members, you are ambassadors for your school district and set an example for meaningful civic engagement. This is another legacy you will leave in your community.

Long-time Staff Member Retires CABE’s long-time Coordinator of Finance and Administration, Teresa Costa, retired on September 29.

Teresa Costa Teresa joined the CABE staff in May of 2004 and worked closely with staff leadership, the Finance Committee, and Board of Directors to ensure CABE’s financial resources remained strong.

Join us in congratulating Teresa on her retirement and thanking her for 18 years of service to CABE and our members!

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

The Nutmeg Board Creates Committees: More Opportunity for Turmoil?

Thomas B. Mooney, Esq. Shipman & Goodwin

The Nutmeg Board of Education makes many mistakes. The latest imbroglio created by the board will be reported here each issue, followed by an explanation of what the board should have done. Though not intended as legal advice, these situations may help board members avoid common problems.

The meetings of the Nutmeg Board of Education had been running four or more hours each night, because of the long speeches veteran Board members Bob Bombast and Mal Content would make on virtually every topic. Mr. Chairperson decided that he needed to do something, and at the first meeting of the new school year, he asked the Board to create four new committees, Policy, Finance, Facilities and Personnel. He was taking this action, Mr. Chairperson explained, to expedite Board meetings by delegating Board business to these new standing committees. The Board promptly created these new committees by unanimous vote.

Mr. Chairperson then announced the names of the Board members who would be chairing these committees: Bob Bombast for Policy, Penny Pincher for Finance, Mal Content for Facilities, and Red Cent for Personnel. Mr. Chairperson appointed two other Board members to each of these committees, and he told each of these committee chairs to do their work and bring their recommendations back to the full Board for action.

Bob Bombast eagerly accepted this new responsibility. He promptly called Penny Pincher, who also serves on the Policy Committee, to suggest that the Board should adopt a new policy requiring student athletes and their families to “pay to play,” i.e., pay a fee set for each sport. Penny agreed to Bob’s idea because it would generate revenue for the athletic programs, and Bob thought he was all set for the next meeting of the Policy Committee.

However, Penny has a big mouth, and soon all the Board members knew of Bob’s plan.

When Bob convened the next meeting of the Policy Committee, he was surprised to see all the Board members in the room. “I am concerned,” Bob started, “that we have a quorum of the full Board present here, even though this meeting is posted only as a meeting of the Policy Committee. I must ask that Board members who are not members of the

Policy Committee leave now so that we do not have an illegal, unposted meeting of the full Board.” The Board members who were not members of the Policy Committee were disappointed at the news, but they left the meeting, with one exception. Mr. Chairperson settled in and explained that, as chairperson of the Board, he is an ex officio member of all Board Committees.

Bob shrugged his shoulders at the news, and he convened the meeting.

He announced that the Committee would skip over the approval of the minutes because committees don’t really have minutes anyway, and he called for discussion on the first agenda item – “Pay for Play.” Bob and Penny spoke in favor of the new policy, but Mal Content, the other member of the Committee, said that he could not support the policy because it would impose new burdens on Nutmeg families. Bob then called for a vote, confident that his proposed new policy would pass with two votes to one. He was surprised, therefore, when Mr. Chairperson voted with Mal against the proposed policy, creating a tie that defeated the motion.

“Hold on,” said Bob. “What if I told you that ex officio members of committees can’t vote?”

Mr. Chairperson responded to Bob’s question, “Au contraire, Bob! What if I told you that I will remove you as chair of this committee if you don’t let me vote?”

Does Mr. Chairperson have the right to vote, and can he really remove Bob as Chair of the Policy Committee if he wants to do so?

• • • • • • • • • • • • Committee work is an important part of board of education functioning in many school districts, and it is important to understand the mechanics of committee operation.

First, Mr. Chairperson properly asked the Board to create these committees, and thus the next question is whether Mr. Chairperson had the authority to name Board members to these committees and designate the chairs. Most boards of education follow Robert’s Rules of Order for their procedures, and Robert’s Rules leaves to the entity (here, the board of education) the choice as to how committee members are appointed and chairs designated. However, most boards of education give the chairperson the authority both to appoint members to committees and to designate the chairpersons.

The events surrounding the

meeting of the Policy Committee here raise three FOIA concerns. First, committees are public agencies subject to the provisions of the Freedom of Information Act. Accordingly, committees must post their meetings, and committee meetings must be open to the public (except for any appropriate executive session).

A “meeting” under the FOIA occurs when there is “communication by or to a quorum of a multimember public agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power.” Bob’s discussion with Penny about the policy he is proposing, therefore, would be considered a “meeting, ” and that “meeting” violated the FOIA because it was not posted. Bob should have waited for the posted meeting to propose his new “Pay for Play” policy to the Committee for its consideration.

Second, Bob did not have to ask Board members who were not on the Policy Committee to leave. A quorum of a public agency (here the Board) may attend a meeting properly posted by another public agency (here the Committee) without separately posting the meeting (as long as it does

not morph into a meeting of the other public agency).

Third, Bob was incorrect in saying that the Policy Committee did not have to keep minutes; as a public agency, it must do so, and the minutes must be available within seven days of the meeting. However, the FOIA requirements for minutes are limited – they must state when the meeting convened, who attended, how members voted on any motions, if there was an executive session, the reason therefore and who was in attendance in the executive session (except for job applicants being interviewed), and when the meeting adjourned.

As to the showdown between Bob and Mr. Chairperson, we note the general guidance under Robert’s Rules (which is subject to modification through a board’s bylaws): when the board chair is a member of committees ex officio (by virtue of his office), his or her presence is not counted in determining a quorum. However, ex officio members have the same voting rights as other committee members, and Mr. Chairperson properly voted to create the tie.

As to Mr. Chairperson’s threat See SEE YOU IN COURT page 7

The Ninth Edition – Now Available!

A Practical Guide to Connecticut School Law

by Thomas B. Mooney, Esq. Shipman & Goodwin

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

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

Changes include descriptions and commentary on:

• Changes in teacher evaluation and teacher tenure.

• New rules regarding employee background checks.

• New requirements concerning student data privacy.

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

• Revised requirements governing seclusion and restraint.

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

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

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

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

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

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

12TH ANNUAL CABE SUMMER LEADERSHIP CONFERENCE

Building a Supportive Climate for Students and Staff was moderated by Donald Harris, Immediate Past President, CABE (Bloomfield). Jan Perruccio, Superintendent, Old Saybrook; Leonard Commissioner of Education Charlene Russell-Tucker shared a numCABE First Vice President Leonard Lockhart provided Lockhart, First Vice President, CABE (Windsor); and Conrad Vahlsing, Staff Attorney, CABE ber of initiatives being led by SDE. welcoming remarks. presented the session.

SDE Chief Academic Officer, Irene Parisi, provided an update on academic supports available from SDE.

Meg Scata, VP for Government Relations, CABE (Portland) moderated the session on student voice presented by Melinda Lu, Student, Amity Regional High School and Kruti Dharsandya, Student, Windsor High School.

SDE Chief Performance Officer, Ajit Gopalakrishnan, discussed how boards of education can use EdSight to inform their work.

Board Chair Table Top Discussion

Engaging Your Community Table Top Discussion

Board Chair Table Top Discussion

Policy Table Top Discussion

Patrice McCarthy, CABE Executive Director and General Counsel and Michael Purcaro, Town Administrator, Vernon; Board of Finance, Ellington present on School Safety.

During the table top discussion session, conference participants had the opportunity to break out to discuss topics of interest.

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

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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:

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

z Responded to 19 requests for policy information from 10 districts, providing sample materials on policy topics. Further, districts continue to access CABE’s online Core Policy Reference Manual and/or online manuals posted by CABE for policy samples. The topics of greatest interest were those pertaining to Minimum Duty-Free Lunch, Non-Resident Attendance, Student Confidentiality, Remote Learning, and Reporting of Child Abuse.

y promoting public B education: z Discussed back-to-school plans with FOX61 and WTIC-AM. z Discussed staff shortages with FOX61 and CT Insider. z Discussed indoor air quality with CT Insider.

y providing services to B meet member needs: z Met with Lebanon superintendent and board chair. z Facilitated board chair check-in and update discussion.

z S taffed CABE Government Relations and Resolutions Committee meetings.

zM et with Bridgeport Board of Education to discuss Superintendent Search process.

zR evised policies, as part of the Custom Update Policy Service, for East Hampton, New Fairfield, Sterling, and Westbrook.

zP osted policies online, as part of the C.O.P.S. Program for Bethel, Bolton, Derby, Granby, Region 4, Region 16, Region 18, Ridgefield, Sherman, Voluntown, Westport, Windsor, Wolcott, and Woodbridge.

z Responded to a variety of legal inquiries from members. zF acilitated goal setting session for the Tolland Board of Education. zF acilitated Board Retreat for the Region 18 Board of Education. zF acilitated Board Self-Evaluation for the Brookfield Board of Education. z Planned and implemented successful CABE Annual Summer Leadership Conference.

y ensuring members B receive the most up-to-date communications: zP repared materials, as part of the Custom Policy Service, for Montville.

y attending Professional B Development to strengthen staff knowledge and skills: z Attended COSA’s State Counsel meetings.

y helping districts operB ate efficiently and conserve resources:

z Chaired professional development mandates workgroup.

z Participated in NSBA Executive Director virtual meeting. z Attended CAPSS Board of Directors meeting. z Participated in several NESPRA Executive Committee meetings. z Participated in meeting of State Association Convention Managers.

z Assisting Colchester, New Milford, Somers, and Woodbridge, with their superintendent searches.

y helping school boards B to increase student achievement:

y representing ConnectiB cut school boards on the state or national level:

z Sent two issues of “Policy Highlights” via e-mail covering topics that affect student achievement. Topics pertained to Fostering a Positive School Climate and Notes of COVID-19 Related Policies for the New School Year.

z Attended Juvenile Diversion workgroup meeting. z Participated in Commissioner’s Family and Community Engagement Roundtable. z Attended NSBA Summer Leadership Conference.

SEE YOU IN COURT

(continued from page 4)

to remove Bob as chair of the Policy Committee, Robert’s Rules provides (again subject to modification through the bylaws) that the appointing authority has the power to remove. Accordingly, if Mr. Chairperson has the authority to appoint committee chairs, he has the right to remove them.

Finally, Bob and the Policy Committee should understand that committees work on behalf of the full Board. Committees have no authority

to take binding action. Rather, they simply make recommendations, and the decision ultimately will be made by the full membership of the Board, irrespective of how the Policy Committee votes on a matter in the first instance.

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

Shipman & Goodwin is a CABE Business Affiliate.

Current Vacancies:

For all of your

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z Participated in Commissioner’s Back-to-School meeting.

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

CABE Leadership Institute Alumni Reconnected in Mid-August Patrice McCarthy

Executive Director & General Counsel, CABE

Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

The CABE Leadership Institute Alumni gathered in mid-August to reconnect and discuss ways to communicate the importance and rewards of board service.

Their observations included: • Remember you are modeling to the education community.

Demonstrate civility.

• Network with community members.

• Develop School Governance Council /PTA/PTO leadership.

• Windsor civic academy to introduce community to

volunteer roles.

•E ducate people on responsibilities of the board.

•B e truthful about job and true authority.

•B oard members are agents of the state, not the town or a political party.

•R emember you are a board member for all students.

Alumni of the CABE Leadership Institute met to discuss ways to communicate the importance and rewards of board service.

• Communicate what board work is not. It is not running the schools.

• Think about who is going to replace me and for what reason?

• Civility on board. Have the superintendent’s back.

• Increasing partnership with other town officials regarding roles of the board.

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

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2022 Kids Count Date Released Patrice McCarthy Executive Director & General Counsel, CABE

The Annie E. Casey Foundation 2022 KIDS COUNT Data Book ranks Connecticut’s seventh in the nation in child well-being. The annual 50-state report analyzes data on education, health, family and community factors.

Despite the positive ranking, the data shows that Connecticut experienced a 22.6 percent increase in documented children’s anxiety and depression, demonstrating the need to prioritize resources for mental well-being.

The Data Book reports that children in more than 40 states and the District of Columbia were more likely to encounter anxiety or depression during the first year of the COVID-19 crisis than previously, with the national figure jumping 26 percent, from 9.4 percent of children ages three to 17 (5.8 million children) to 11.8 percent (7.3 million) between 2016 and 2020.

Even prior to the pandemic, in 2016, children and young people in Connecticut had higher rates of anxiety or depression than the national average (11.5 percent versus 9.4 percent). Between 2016 and 2020, Connecticut experienced a 22.6 percent increase in documented children’s anxiety or depression, from 11.5 percent to 14.1 percent.

Racial and ethnic disparities contribute to disproportionately troubling mental health and wellness conditions among children of color.

Nationally, 9 percent of high schoolers overall but 12 percent of Black students, 13 percent of students of two or more races and 26 percent of American Indian or Native Alaskan high schoolers attempted suicide in the year previous to the pandemic.

Among heterosexual high school students of all races and ethnicities, 6 percent attempted suicide; the share was 23 percent for gay, lesbian or bisexual students.

• Connecticut ranks fourth in the nation in terms of keeping teens engaged in school/work.

In 2008-12, 6 percent of teens in Connecticut were not attending school and not working. In 2016-20, 5 percent of teens in Connecticut were not attending school and not working. This represents a 17 percent increase in the engagement of young people in school and work.

• Connecticut ranks first in the nation regarding preschool

attendance. The state increased its rank from #2 in 2008-12 to #1 in 2016-20.

• Connecticut ranks fourth in the nation in terms of fourth grade reading proficiency and sixth in the nation in terms of eighth grade math proficiency.

However, in 2019, 61 percent of eighth graders scored below proficient on the math section of the National Assessment of Educational Progress (NAEP), and 60 percent of fourth graders scored below proficient on reading, which represents a 3 percent decline from 2009.

• Connecticut ranks twelfth in the nation in terms of child poverty.

Thirteen percent of children lived in poverty in 2008-12 and that proportion has not changed in 2016-20.

• Connecticut ranks forty-fourth in the nation on housing costburden. Dropping two places from #42 to #44, Connecticut continues to see a housing costburden problem. While the numbers have actually improved (from 42 percent in 2008-12 to 34 percent in 2016-20, an estimated 248,000 children), other states have experienced growth in income and employment while Connecticut has remained relatively stagnant.

• Connecticut ranks twentysecond in the nation for youth obesity. The percent of youth who are overweight or obese has steadily increased in each year between 2016-17 (when the state ranked fifth best in the country) and 2019-20. It’s important to note that there is a statistically significant relationship between childhood body mass index and food insecurity, where children who are food insecure tend to have higher body mass indexes.

• Connecticut ranks sixth in the nation in the teen death rate.

This is a good ranking relative to other states, but the trend is concerning. In 2010, the state rated #1 with 17 child and teen deaths per 100,000 children and teens in Connecticut. In 2020, there were 19 child and teen deaths per 100,000 children and teens in Connecticut (150 deaths total), which represents a 12 percent increase.

“Mental health is just as important as physical health in a child’s ability

to thrive,” said Lisa Hamilton, president and CEO of the Annie E. Casey Foundation. “As our nation continues to navigate the fallout from the COVID crisis, policymakers must do more to ensure all kids have access to the care and support they need to cope and live full lives.”

The Annie E. Foundation urges Legislators to develop programs and policies to ease mental health burdens on children and their families, including: •P rioritize family economic security.

•C ontinue reducing child poverty.

•E nsure every child has access to the mental health care they need, when and where they need it.

•B olster mental health care that takes into account young people’s experiences and identities.

Schools should increase the presence of social workers, psychologists and other mental health professionals on staff and strive to meet the 250-to-1 ratio of students to counselors recommended by the American School Counselor Association. Schools can work with local health care providers and local

and state governments to make additional federal resources available and coordinate treatment.

CABE continues to support resources to meet the social and emotional needs of students, and a pipeline to expand the professionals available to serve these children.

The full report can be found at https://www.aecf.org/resources/2022kids-count-data-book.

Meeting of Interest n State Board of

Education October 12, 2022: 5:00 p.m.

Thomas Edison School Meriden

What will CABE’s

Connecticut Online Policy Service (COPS) provide YOUR district?

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

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

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

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

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Integrating Mental Health into the Whole School, Whole Community, Whole Child (WSCC) Model for School Health Ilana Sherman

Director of Education, Erika’s Lighthouse

The Centers for Disease Control and Prevention (CDC) developed the WSCC (Whole Community, Whole Child) framework in order to provide a student-centered and community-oriented approach to addressing health in schools. This model emphasizes the important link between healthy living and success in the classroom for students and their school community. The WSCC model brings together the public health, education and school health sectors in order to better serve the whole child.

The goals of the WSCC model are:

In order to achieve these goals, the WSCC model has identified 10 components that must be present in a school community: The WSCC model places the student at its core. The intention is for each student to be healthy, safe, supported, challenged, and engaged. By unifying the concepts of general public health and education, students are given the ability to thrive and grow as healthy human beings through “greater alignment that includes, integration and collaboration between education leaders and health sectors to improve each child’s cognitive, physical, social, and emotional development.”

Addressing the mental health needs of students is an opportunity to improve health and academic outcomes of young people. The WSCC framework is a framework to promote good mental health in schools through multidisciplinary collaboration that creates inclusive cultures, identifies struggling students and implements effective interventions.

Erika’s Lighthouse: A Beacon of Hope for Adolescent Depression is a non-profit organization that develops curricula and lesson plans for depression education and suicide prevention in schools. Since 2004, Erika’s Lighthouse has worked with administrators, classroom educators, school counselors and school social workers to

empower and educate their students to take control of their mental health and learn how to seek help for themselves or a friend. The Erika’s Lighthouse programs firmly center on the student, allowing teens to find their voices and speak up about mental health. By building up students in their school, teens have the ability to share their knowledge with the community around them, and in turn create a whole school and whole community that support their physical and mental health. These building blocks are sure to provide students the foundation to succeed and excel academically and socially.

If students aren’t feeling well (physically or mentally), they can’t be expected to do well academically.

Erika’s Lighthouse inherently embraces the concepts behind WSCC and is an ideal mental health partner to help achieve the four goals. Since its inception, Erika’s Lighthouse has focused on merging the efforts of students, school staff, families and community members to combat the stigma around mental health. The Erika’s Lighthouse programs provide students with tools they need to gain depression literacy, knowledge and skills about what to do if concerned about themselves or a friend.

In addition to the Erika’s Lighthouse programs aligning closely to the goals and components of the WSCC model, so do the values embraced by both WSCC and Erika’s Lighthouse.

The WSCC model believes in: • The impact of student-centered initiatives

Erika’s Lighthouse programs are teen-oriented and highlight real stories from real teens. The adolescent-focused program videos are not scripted and the students are not actors; this allows for a peer-to-peer type approach that focuses on connecting with the students in the classroom. The diversity and representation demonstrated throughout the program allows young people the opportunity to connect with someone like them.

These student-centered initiatives extend to out-of-school time opportunities like the Teen Empowerment Clubs, Awareness into Action Activities, Family Engagement Activities, community building opportunities and more.

Putting the student in the center allows the whole child to be impacted and takes into consideration the links between health, education and community. “The relationship between the school and the community affects the entire community, not just the students attending the school. The WSCC model includes these contexts because research has shown their impact on education and health outcomes”.

• The role of the community in supporting the school Erika’s Lighthouse promotes the model school policy by emphasizing the role of the community in supporting the school. Stigma is one of the primary barriers to teens reaching out for help. By educating about depression and letting students, parents, staff understand that it is a common, yet treatable, mood disorder, awareness

will be spread throughout the community. By educating students and adults, communities can become stronger and more invested. Healthy students and successful students play a role in building stronger communities.

• The connections between health and academic achievement While physical health is important to maintain and linked to academic achievement, mental health must also be addressed and should be a focal point in health education. Depression accounts for many of the issues that impact a student’s ability to learn and perform any given day.

• The importance of evidence-based school policies and practices Erika’s Lighthouse programs are evidence-informed and based on best practices. Believing a program is effective and having data that demonstrates it are very different. It is imperative for schools to ensure programs have and will accomplish the established objectives.

While physical and health education are a primary part of a school’s curriculum, the mental health education piece must be addressed with equal importance. By incorporating depression education with suicide prevention and promoting good mental health, school districts are able to center around the whole child and create a more inclusive and well-rounded school community.

Visit www.ErikasLighthouse.org to access free resources for your school community.

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

Commissioner’s Back to School Convening Patrice McCarthy Executive Director & General Counsel, CABE

Commissioner Charlene RussellTucker convened superintendents and statewide educational partners for the annual back to school meeting in midAugust. CABE, CAS, CEA CT-AFT, and others provided video greetings,

and Governor Lamont and CAPSS Executive Director Fran Rabinowitz acknowledged the extraordinary efforts to deliver effective education during a global health crisis.

The Commissioner outlined the priorities for the upcoming school year, including: • Promoting what’s right in

Connecticut education • S upporting the social, emotional, physical and mental health of students and staff • Launching into healthy learning •P rovide access to high quality curricula • Supporting educator recruitment • Supporting student success

• Enhancing the commitment to literacy.

Dr. Bernard Harris, former NASA astronaut and CEO of the National Math and Science Initiative delivered the key note address on the 2022-23 school year theme: “The Sky is NOT the Limit.”

Student Panel at Friday Lunch Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

The CABE/CAPSS Convention Committee is delighted to share that a panel of students will present at the Friday lunch General Session. We will be joined by high school seniors Melinda Lu, Amity Regional High School and Kruti Dharsandya, Windsor High School.

Melinda joined CAS-CIAC’s Student Equity Advisory Board (SEAB) in 2019. Along with activities with SEAB, she has spoken at many conferences, such as past Education Equity Summits and State Education

Resource Center (SERC) Conferences. Through these opportunities, she has focused on making student’s voices heard and promotes a stronger communication link between students and administrators. At her own school, Melinda is the co-founder of Amity Asian Activism, a student organization that provides a platform for Asian American students to voice their opinions. She has worked with her school’s administration in coordinating their Diversity, Equity, Inclusion, and Belonging curriculum audit and has collaborated with members of the #MakeUsVisible CT Campaign, AAPI New Haven, and Yale-China

on different outreach projects. Outside of supporting the diversity, equity, and inclusion initiative, she is an avid science lover and competitive dancer.

Kruti is involved in numerous extracurricular activities related to leadership, business, and her community. She expresses her strong leadership skills through the roles she holds as the youngest Co-Chair of the Million Women Mentors Connecticut Chapter, President of Future Business Leaders of America and the Class of 2023, SEL Advocate and Student Representative for the State, a member of the CAS-CIAC Advisory boards, to name a few. But

most importantly, Kruti is constantly giving back to her community because she values living generously. She is a member of numerous town boards, such as the Student Representative Governance Council and the Greater Hartford Grant Foundation, of which she is Chair.

Topics they will address include Post-COVID-19 Transition and Structures, Mental Health, Diversity in the School Curriculum, Communication with Students/Teachers/Administrators, and Technology in Education.

We look forward to Melinda and Kruti sharing their valuable insights with us!

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

13

THE POLICY CORNER 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. The public schools will not be immune from the fury of political activity. Therefore, it is appropriate to review the need for policy direction on issues related to the political activities of staff and political activities on school grounds.

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.

dates nor their supporters, including school district employees, should be allowed to campaign on school grounds during school hours. Anyone requesting use of district facilities for political activities outside school hours must do so in conformity with the district’s “Community Use of School Facilities” policy.

It is advised that if a class or school-sponsored group 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

District employees should not participate in nor may district facilities be used in political campaigns during school or work hours.

Generally, school board employees acting in their individual capacities on their personal time 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.

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 candi-

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 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.

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