The CABE Journal - January 2024 by Wilmarie Newton

B C

www.cabe.org

Vol. 27, No. 12

January, 2024

State Board of Education Happenings

CABE’s Legislative Priorities Sheila McKay

Sheila McKay

Sr. Staff Associate for Government Relations, CABE

See STATE BOARD page 3

Members of CABE’s State Relations Committee have set CABE’s 2024 legislative priorities. CABE urges the Legislature to:

Newington High School Stuff a High School Initiative Julia Dennis

Busines Education teacher, Newington High School; Board Chair, Berlin Board of Education

The Newington High School chapter of Future Business Leaders of America (FBLA) embraced a new challenge this holiday season by spearheading the school-wide initiative, NHS Stuff a High School. Traditionally organized by staff and faculty, FBLA students assumed leadership roles this year, conducting extensive research to plan and execute the necessary steps to achieve their ambitious goals efficiently. FBLA has been a club at NHS for six years with 99 student members. Unlike previous years, when the initiative was run by staff, the FBLA students took charge and set forth formidable objectives. Their mission included collecting 500 new, unwrapped gifts catering to teenagers and adults, involving seven student groups (clubs or teams), and achieving 100 percent FBLA chapter participation. The committee dedicated considerable effort and time to attain these goals, demonstrating their commitment to making a meaningful impact in the community. Running from November 16 to December 11, the gift drive saw regular committee meetings to strategize and optimize their approach for maximum community impact. The results

were impressive, with the committee surpassing their target by collecting over 500 gifts, including 35 gift cards. This student-led initiative met and exceeded expectations, showcasing the dedication and effectiveness of the Newington High School FBLA chapter in supporting local families in need during the holiday season.

• Commit state funding to enable district to support the continued need for counselors, mental health staff and other supports as the ESSER funding ends. • Allow local option to phase in implementation of kindergarten start date. • Invest in programs that promote the training, hiring and retention of educators of diverse backgrounds and increase opportunities for districts/RESC “grow your own” programs. • Allow flexibility in implementation of the reading program mandate to recognize successful programs There will be nine legislative breakfast statewide in January and February with members, superintendents and legislators to discuss these priorities. The 2024 legislative session convenes on February 7 and adjourns on May 8. Public hearings on committee bills will likely be in March. Look for Advocacy Highlights emails during session to keep you informed on hearings (five-day notice) and committee votes (one-day notice).

inside

The State Board of Education adopted its five-year comprehensive plan for 2023-2028 at their November meeting. The four key issues are: •A ll learners are supported, including those with high needs, and have equitable access to education regardless of background or advantage, as well as access to great teachers and leaders, and a diverse educational workforce. •L earning spaces are safe, compassionate, and culturally responsive and are designed to support the academic, physical, and social-emotional well-being of all learners, including learners of color, multilingual learners, those with a disability, learners experiencing food and housing insecurities, learners coming from low-income families, and those who identify as LGBTQ+. •E levate Connecticut’s curriculum frameworks to provide support for the development of rigorous, engaging instruction and the reliable assessment of universally required skills for life beyond school and a lifelong love of learning. •C reate opportunities for all students to explore multiple career pathways through coordinated and rigorous programs that are developed in partnership with institutions of higher education and local/ regional employers, and that align with economic opportunity and advance students in careers of their choice. The plan can be found here: https://portal.ct.gov/-/media/SDE/

School Attorneys Council Hosts CSDE Legal Director at Annual Meeting

CABE/CAPSS Convention Takeaways

Are Your District’s Social Media Accounts a Ticking Legal Time Bomb?

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

Happy New Year! Leonard Lockhart President, CABE

On behalf of the CABE Board of Directors, Happy New Year and I trust you had an enjoyable holiday season. Almost all boards have settled in after the election season with energy, vision, and hopes for the future of public education. CABE is here to assist and provide support where you see appropriate. The Board of Directors is pleased that the Area Directors seats are now full. This means our engagement of all districts will be robust with the representation. Last month, CABE was fueled by a very engaging conference in November and began the work of our advocacy. CABE will continue to be focused with Government Relations though our lobbying efforts, legal services, and media relations. There are tremendous opportunities for boards of education across the state to engage our local taxing authorities and Connecticut General Assembly to discuss what is needed for high quality public education in all our communities. Some issues that immediately impact all districts are kindergarten cutoff date, special education outplacement costs, Pre-K to Grade 3 comprehensive reading program, diverse hiring practices, and the ESSER fiscal cliff. Early last month, the CABE State Relations Committee met to receive the charge, review major issues for the 2024 General Assembly, and establish the 2024 priorities for CABE. This is a major initiative as we wish to prepare all boards of education to advocate with every state representative and state senator. I pledge to you that the CABE Board of Directors shall engage the CGA, along with the Governor, Lieutenant Governor, all appropriate State Commissioners, and stakeholders so that we promote CABE’s mission and vision. CABE’s mission is “To assist local and regional boards of education in providing high quality public education for all Connecticut children through effective leadership.” CABE’s vision is “CABE is passionate about

strengthening public education through high-performing, transformative local school board/superintendent leadership teams that inspire success for each child.” We are excited to begin this work with the CGA during this short session. Stay tuned as we prepared to tell our story as boards of education at the Legislative Office Building. Also, early last month, CABE hosted our bi-annual New Board Members Orientations and Leadership Conference. This happens every two years after the elections. The new board member and board leader tracks provided targeted skills and competencies for each group. This strategic professional development delivery allowed for joint sessions with both tracks throughout the day. The event was very impactful and engaging. If you wish to purchase a copy of the comprehensive guidebook provided during this conference, please reach out to the CABE office and our friendly staff will be glad to assist you. This month, the CABE Board of Directors will come together to assess our previous year performance against the goals and determine next steps and goals. This will be a very deliberative and inclusive process for all Board members and all CABE staff. I’m seeking continued alignment and increasing a highly functioning board culture. We are quite excited to have all area director positions filled and looking for all to be productive and feeling fulfilled. The Connecticut Legislature recently changed the birthdate cutoff to start kindergarten from turning five on or before January 1 to turning five on or before September 1. This change goes into effect starting with the 20242025 school year. A child who does not meet the cutoff may still be admitted to kindergarten pursuant to Public Act 23-208 upon (1) a written request from the parent or guardian and (2) an assessment completed by the school that determines admitting the child to kindergarten would be developmentally appropriate. This is creating a major issue for districts across the state. This is an issue that CABE will prioritize as

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 determining developmentally appropriate skills and behaviors for kindergarten is a complex process that all districts must plan for and provide a waiver mechanism. We are facing the harsh reality of the ESSER fiscal cliff, and it will require leadership and political will to solve. Districts are forced to determine if investments are working, evaluate staffing trends against enrollment, forecast budget gaps, make very tough decisions, evaluating if the state could intervene, or worse case school closures and/or layoffs. The financial shock wave is upon us, and I want Connecticut riding the wave towards ethical and responsible solutions rather than engulfed by it and creating utter chaos and mayhem. We all have been elected for this moment to reject chicanery and tomfoolery. Abject leadership is not an option. This is the time to strengthen relationships and build new ones. More importantly, it calls for civil and collaboration work with all stakeholders with board of education members and superintendents providing transformative leadership. We shall provide idealized influence, inspirational motivation, intellectual stimulations, and individual consideration. I call upon all board members to unite and support our superintendents. CABE is here to assist. As CABE President and NSBA Director, I’m honored to lead the Connecticut delegation to Washington, D.C. for the NSBA Equity Symposium and Advocacy Institute from January 27 to January 30, 2024. I will arrive earlier for the NSBA Board of Directors meeting and am eager to provide updates in a future editorial. We plan to lobby the House of Representatives and the U.S. Senate on issues that impact Connecticut and the nation. CABE is eager to meet with the Connecticut Congressional delegation. What may CABE do for you? Please let us know.

EXECUTIVE COMMITTEE Leonard Lockhart | President, Windsor Meg Scata | First Vice President, Portland Lon Seidman | Vice President for Government Relations, Essex Eileen Baker | Vice President for Professional Development, Old Saybrook Anthony Perugini | Secretary/Treasurer, Cheshire Elizabeth Brown | Immediate Past President, Waterbury Lydia Tedone | NSBA Director, Simsbury AREA DIRECTORS Marion Manzo | Area 1 Co-Director, Region 15 Thomas van Stone | Area 1 Co-Director, Waterbury Douglas Foyle | Area 2 Co-Director, Glastonbury Tyron Harris | Area 2 Co-Director, East Hartford Philip Rigueur | Area 2 Co-Director, Hartford Karen Colt | Area 3 Co-Director, Vernon Sara Kelley | Area 3 Co-Director, Stafford Jay Livernois | Area 4 Director, Woodstock Academy Chris Gilson | Area 5 Co-Director, Newtown Tina Malhotra | Area 5 Co-Director, Ridgefield Lee Goldstein | Area 6 Co-Director, Westport Jill McCammon | Area 6 Co-Director, Darien John Hatfield | Area 7 Co-Director, Seymour Edward Strumello | Area 7 Co-Director, Seymour Lindsay Dahlheimer | Area 8 Co-Director, Region 13 Seth Klaskin | Area 8 Co-Director, Madison Kim Walker | Area 8 Co-Director, Westbrook Carol Burgess | Area 9 Director, Montville ASSOCIATES Julia Dennis | Associate, Berlin Ethel Grant | Associate, Naugatuck Robert Mitchell | Associate, Montville COMMITTEE CHAIRS Becky Tyrrell | Chair, Federal Relations, Plainville Laurel Steinhauser | Chair, Resolutions, Portland Lindsay Dahlheimer | Chair, State Relations, Region 13 CITY REPRESENTATIVES Joseph Sokolovic | City Representative, Bridgeport A. J. Johnson | City Representative, Hartford Yesenia Rivera | City Representative, New Haven Gabriella Koc | City Representative, Stamford LaToya Ireland | City Representative, Waterbury STAFF

Patrice McCarthy | Executive Director and General Counsel Nicholas Caruso | Senior Staff Associate for Field Services and Coordinator of Technology Jody Goeler | Senior Staff Associate for Policy Service Sheila McKay | Senior Staff Associate for Government Relations Lisa Steimer | Senior Staff Associate for Professional Development and Communications Conrad Vahlsing | Senior Staff Attorney Wendy DeBarge | Coordinator of Finance and Administration Pamela Brooks | S enior Administrative Associate for Policy Service and Search Services Terry DeMars | Administrative Associate for Policy Service Gail Heath | Administrative Associate for Government Relations Wilmarie Newton | A dministrative Associate for Digital Communications Nancy Propfe | Administrative Assistant for Membership Services Corliss Ucci | Receptionist and Assistant to Executive Director

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

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

CABE Affiliate Members

BUSINESS AFFILIATES VALEDICTORIAN Connecticut Business Systems – A Xerox Company Finalsite

EXECUTIVE DIRECTOR COMMENTARY

A New Year Filled with Opportunities

SALUTATORIAN

Berchem Moses PC Pullman & Comley Shipman & Goodwin HONOR ROLL JCJ Architecture Kainen, Escalera & McHale, P.C. Newman/DLR Group Solect Energy SCHOLAR Brown & Brown Chinni & Associates, LLC Coordinated Transportation Solutions Dattco, Inc. ESS Franklin Covey GWWO Architects The Lexington Group Perkins Eastman Public Agency Retirement Services (PARS) The S/L/A/M Collaborative Zangari Cohn Cuthbertson Duhl & Grello, P.C.

EDUCATIONAL AFFILIATES

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

Patrice McCarthy

Executive Director & General Counsel, CABE

As we begin a new year, boards of education have welcomed new members and provided orientation on district operations as well as roles and responsibilities. The strong desire for board member professional development was evident at both the CABE/ CAPSS Convention and our New Board Member/Leadership Conference. Board members are clearly lifelong learners! There will continue to be professional development opportunities throughout the year, including webinars, workshops and sessions tailored to the needs of your individual district.

STATE BOARD

(continued from page 1)

Board/BoardMaterials110123/FiveYear_Comprehensive_Plan_for_Education_2023-28.pdf At the monthly December board meeting, the Board received an update from several of the agency’s staff, spe-

The new year also means that the development of the 2024-25 district budget is well underway. It is rare that the available resources are sufficient to meet all the needs identified in the district. Board members will be making important policy decisions as they review the budget recommendations from their superintendent. Data on the impact of new initiatives will be particularly important to guide decisions on investments that have the greatest impact on student success. At a recent conference on Artificial Intelligence, a speaker reminded us that AI lacks the human quality of discernment – “the ability to judge well”. As we review legislative proposals, represent boards on various task cifically the Talent Office, on programs that address the teacher shortage. Programs like Educators Rising, Dual Credit and Aspiring Educators Diversity scholarship have each received funding and are working to effectively lessen the shortage. Districts must submit their plans to increase educator diversity to SDE by March 15, 2024.

forces discussing educational policy, model civility and provide support to individual boards of education, practicing discernment will enable us to focus on the goal of our work – to support success for all our students. I hope the new year is filled with opportunities for collaboration with members of your board of education and superintendent, as well as with the CABE staff and Board of Directors. Together we can fulfill CABE’s vision - to strengthen public education through high-performing, transformative local school board/superintendent leadership teams that inspire success for each child. The State Board of Education meetings are recorded and archived. They can be found here: https://portal.ct.gov/SDE/Board/ State-Board-of-Education-Meetings/2023-Board-and-Committee-Meetings.

CABE Area Legislative Breakfasts CABE Area 9 January 5

7:30 – 9:00 a.m. East Lyme Middle School

CABE Area 7 January 11

8:00 – 9:15 a.m. Seymour Middle School

CABE Area 8 January 25

9:00 – 10:00 a.m. Westbrook High School Library

Members of the New London staff presented at the recent NEASC Conference on year round school to support early learners..

Additional dates and locations are being planned now. Watch your email for the breakfast in your CABE area.

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

A Potential Defamation Claim in Nutmeg Thomas B. Mooney, Esq. Shipman & Goodwin

The Nutmeg Board of Education makes many mistakes. The latest imbroglio created by the board will be reported here each issue, followed by an explanation of what the board should have done. Though not intended as legal advice, these situations may help board members avoid common problems. Public Comment is included on the agenda of each regular meeting of the Nutmeg Board of Education. Residents of Nutmeg speak at length on a variety of topics, ranging from youth athletics to the budget. Last month, however, it got ugly when a parent came up to the microphone to speak. “Good evening. My name is Pamela Parent, and I live at 77 Sunset Strip, Nutmeg. I appreciate the opportunity to address the Board because I have a bone to pick with my son’s fifth grade teacher, Tom Teacher.” “Hold it right there,” Ms. Chairperson interrupted. “We have a rule here in Nutmeg. We do not allow people to say mean things about our staff members. From your opening remarks, it sure seems like you are going to violate that rule. “I just want to tell the Board members that Tom Teacher is the worst teacher I have ever had the misfortune of knowing. He is mean to kids and is never prepared for class.” “That’s it!” growled Ms. Chairperson. “You are out of order! Please sit down!” “Wait a minute!” interjected Nellie, a new Board member. “If parents have a concern about one of our teachers, we should hear them out. I have heard the stories about Tom Teachers myself, and I have wondered why he hasn’t been fired yet . . . . Ms. Chairperson had enough. “Nellie, you are out of order! We need to move on.” “Hold on!” Nellie pushed back. “How are we going to do our jobs if we just sit here like bumps on a log? I hear Tom Teacher is terrible. Shouldn’t we hear Ms. Parent out?” “If you want to talk to speakers during public comment on other topics, that’s fine,” responded Ms. Chairperson. “But we can’t have people badmouthing our staff members. “We have a strict rule that negative comments about teachers and others are

not allowed. Nellie then thanked Ms. Chairperson for the explanation, and she and the Board moved on. Tom Teacher, on the other hand, did not move on. Through Bill Alot his attorney, Tom claimed that Pamela Parent and Nellie Newbie had both defamed him, and he made a demand on each of them for a payment of $10,000 to “fix” things. Unless they paid up, Bill threatened, Tom would sue them both for six figures. Nellie was aghast when she learned that Tom was threatening to sue her and Pamela Parent, and she wondered where she would ever get the money to hire a lawyer. She called Ms. Chairperson to ask for help. However, Ms. Chairperson told her that, while she was sympathetic to Nellie’s plight, Nellie was “on her own” because she should have read the Board’s bylaw prohibiting negative comments about staff members and kept her mouth shut. The whole point of the bylaw, she explained to Nellie, is to avoid lawsuits just like the one Tom is now threatening. Is Nellie really on her own, and how strong is Tom’s claim that Nellie and Pamela Parent defamed him? • • • • • • • • • • • • Nellie is certainly not “on her own,” because board of education members (and school employees) are protected from claims made against them, as described below. Moreover, the situation in Nutmeg raises other legal and practical problems. As to a potential defamation claim, Nellie is protected by the indemnification statute, Conn. Gen. Stat. § 10-235. When board members act within the scope of their responsibilities, right or wrong, the board of education must indemnify and hold them harmless against claims, provided that their actions are not “wanton, reckless or malicious.” This protection extends to reasonable attorneys’ fees, and thus board members who are sued for their actions taken in good faith as board members will not incur personal expense. The rule in Nutmeg against negative comments about district employees is a problem under the First Amendment. Public comment at board of education meetings is not required by law, but all (or almost all) school boards in Connecticut provide

such an opportunity for the public to address the board. That courtesy, however, triggers constitutional protections, because giving the public an opportunity to comment creates a forum for speech. Once the government creates a forum for speech, the First Amendment applies, and officials cannot engage in what the courts describe as “viewpoint discrimination,” i.e., favoring or prohibiting speech based on the viewpoint of the speaker. If a board of education permits people to thank teachers or otherwise say nice things about district staff, it cannot shut down people who wish to criticize those staff members. As a practical matter, the chairperson can attempt to redirect the speaker by interrupting him or her with the observation that the speaker should direct any concerns to the superintendent, who is responsible for personnel matters. However, an absolute prohibition against critical comments about staff members is not permissible if the board allows positive comments about staff members.

In considering this matter, board members should be aware of the concept of a “limited forum,” i.e., an opportunity for public speech that is limited to a particular topic. A board of education can hold a hearing on the budget, for example, and speech can be limited at that hearing to budgetary matters. Indeed, public comment more generally would be a forum limited to comment on school district matters, not other topics like the national debt. However, even in a limited forum, the prohibition against viewpoint discrimination applies, and speakers on all sides of an issue must be allowed to express their view on that topic. During Public Comment, board members should listen and not respond to comments made by members of the public. As a legal matter, board members could violate the Freedom of Information Act by launching into a discussion of a topic brought up in Public Comment, because that topSee SEE YOU IN COURT page 6

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

CABE: Working for YOU

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

y providing opportunities B for members to learn how to better govern their districts: z Presented a Roles and Responsibilities workshops for the Ashford, East Haddam, Middletown, New Canaan, Region #5, Stafford Boards of Education. z Presented at the CABE/CAPSS Convention and the CABE New Board Member Orientation/ Leadership Conference. z Responded to 31 requests for policy information from 20 districts, providing sample materials on policy topics. Further, districts continue to access CABE’s online Core Policy Reference Manual and/or online manuals posted by CABE for policy samples. The topics of greatest interest were those pertaining to artificial intelligence. z Provided support to board members and central office administrators regarding policy matters.

y ensuring members B receive the most up-to-date communications: z Provided legislative update for the New Canaan Board of Education.

z S ent one issue of “Policy Highlights” via e-mail which included a new model policy on Play-Based Learning.

y providing services to B meet member needs: z S taffed annual CABE Delegate Assembly and State Relations Committee meeting to establish CABE positions and legislative priorities. z Responded to a variety of legal inquiries from members. zH osted CABE’s Legal Issues Workshop. zF acilitated a training session for the Hartford Public Schools Student Senate. zR evised policies, as part of the Custom Update Policy Service, for East Hampton, East Windsor, New Hartford, Marlborough, and Sterling. z Prepared materials, as part of the Custom Policy Service, for Danbury, Region #14, and Stamford. z Prepared search proposals for East Hampton Public Schools and Region #1 Public Schools. zC ontinue to work in collaboration with the Commission on Women, Children, Seniors, Equity and Opportunity on the development and subsequent adoption of a new School Climate Policy compliant with 2023 legislation. The policy climate standards and a uniform “challenging behavior” complaint form are expected to be released together in December.

zP lanned and implemented CABE/ CAPSS Convention.

Ridgefield, Somers, Voluntown, and the CABE CORE Manual.

zP lanned and implemented New Board Member Orientation/Leadership Conference.

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

y attending Professional B Development to strengthen staff knowledge and skills: z Attended New England Association of Schools and Colleges (NEASC) Annual Conference. z Attended COSA State Counsel meetings.

y helping districts operate B efficiently and conserve resources: z Posted policies online, as part of the C.O.P.S. Program for Bethel, Canterbury, Danbury, Griswold, Killingly, Portland, Preston, Region #18,

SEE YOU IN COURT

(continued from page 4)

ic would not be on the agenda for the meeting. As a practical matter, responding to such comments in the moment is fraught with danger because board members would be commenting after hearing only one side of the story. It is best simply to listen, and to let the public know (with a note on the agenda or otherwise) that they have a specified amount of time (such as three minutes) and that the board members will not be responding. Finally, a brief comment about defamation claims may be helpful. Tom Teacher will be disappointed to learn that the Connecticut Supreme Court decided in 1992 that teachers are public officials for defamation purposes because of the importance of unfettered debate about education and teacher performance. Kelly v. Bonney, 221 Conn. 549 (1992). As a result, to recover on a defamation claim, a teacher (or other public official, such as a board of education member) must establish that the defendant (1) made an assertion of fact, (2) that is untrue, (3) that harms one’s reputation, and, when one is a public official, (4) that was made with malice or reckless

z Participated in Special Education Task Force meetings. z Provided legislate update at CREC Council meeting. z Participated in Connecticut Bar Association Education Law Committee meeting. z Participated in NSBA State Association Counsel meetings. z Participated in Financial Literacy Coalition meeting. z Attended a meeting of the Connecticut Commission for Educational Technology. z Participated in New England School Public Relations (NESPRA) Board of Directors meeting. disregard for the truth. Given this standard, it is generally very difficult for teachers to recover on a defamation claim. In this case, however, Tom has no chance at all. The statements made about Tom were not assertions of fact, but rather expressions of opinion as to Tom’s performance. Such expressions cannot be the basis for a defamation claim. 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.

Did You Know? For the price of CABE dues, your board and superintendent are eligible for: • Unlimited help for your advocacy efforts with the Legislature, the State Board of Education and other state and federal officials • CABE Area legislative breakfasts.

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

School Attorneys Council Hosts CSDE Legal Director at Annual Meeting Conrad Vahlsing

Sr. Staff Attorney, CABE

The Connecticut School Attorneys Council held its annual business meeting on November 17. The group met in person in conjunction with the CABE/CAPSS Convention to discuss current issues in education and elect new officers. Sarah Gleason (Shipman & Goodwin) was elected President of the Council and Herbert Rosen (Berchem Moses) was elected Secretary. The meeting was well-attended by attorneys from various firms and organizations from across the state. As invited guests, two attorneys from the Connecticut State Department of Education were welcomed by the Council: Director of Legal and Governmental Affairs Mike McKeon and Staff Attorney Louis Todisco. Over the past year, Past President

Conrad Vahlsing (CABE) began arranging how the Council could invite CSDE’s Legal Director to attend Council meetings with some regularity. A special meeting was held in January 2023 that hosted Director McKeon and CSDE Staff Attorney John Khalil, and November’s recent meeting marked the beginning of the plan to extend more invitations to attend the Council’s regular meetings. Director McKeon offered timely information and in-depth discussion on a variety of topics. Among them: the change in kindergarten starting age, school district emails involving students, and several special education issues, including the cost structure for due process hearing transcripts and a number of nuanced enrollment questions. The group was continually engaged during Director McKeon’s portion of the meeting and those in attendance were able to participate in

important dialogue with the Director. During the meeting’s general discussion, the Council discussed new special education due process rules

and collective bargaining issues. The Council plans to hold its next regular meeting in June.

Jennifer Norman (Griswold), presented at the recent NEASC Annual Conference on C.A.R.E.S. – Creating Attitudes and Relationships that Empower Staff and Students.

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

THE POLICY CORNER

Play-Based Learning Jody Goeler

Sr. Staff Associate for Policy Service, CABE

The wrappers and boxes are gone with the holiday season, but hopefully, the games are all working and continuing to provide children - young and old - time for play. What better time to discuss the positive impact of play-based learning? In its 2023 legislative session, the General Assembly passed legislation requiring schools to provide play-based learning during each regular school day for kindergarten and preschool students. Additionally, the law requires school boards to permit teachers to use playbased learning during the school day for grades one to five and adds play-based learning as a required area for professional development. Over the years, the General Assembly has passed legislation to ensure that boards of education provide minimum time standards for daily lunch periods and physical exercise. To ensure all students receive the benefit of daily exercise, lawmakers passed legislation which prohibits school employees from preventing students from participating in recess as a form of discipline. Through these legislative acts, lawmakers have noted the importance related to attending to the needs of the “whole child” – nutrition, movement, health related needs, and so on. Public Act 23-101 (An Act Concerning the Mental, Physical and Emotional Wellness of Children) §20 extends the legislators’ efforts to ensure minimum standards related to overall student well-being, requiring play-based learning for preschool and kindergarten children and allowing teachers to incorporate play-based learning in grades one through five. Public Act 23-159 (An Act Concerning Teachers and Paraeducators) §§4-5 includes language adding professional development in play-based learning for teachers instructing students in these grade levels. Significantly, under section 5 of Public Act 23-159, the General

Assembly requires that professional development be “a comprehensive, sustained and intensive approach to improving teacher and administrator effectiveness in increasing student knowledge achievement, focus on refining and improving various effective teaching methods that are shared between and among

iency, emotional health, and brain size.” Brown adds that play is “not frivolous and not just for kids, but something that is an inherent part of human nature.” The Hechinger Report’s team of reporters found that “although play is natural for children, opportunities to play in a school setting, and

Play is a fundamental aspect of childhood and a powerful tool for learning, development, and well-being. educators, including, on and after July 1, 2024, play-based learning, as defined in section 4 of this act.” Adding to the General Assembly’s requirements for play-based learning professional development, section 5 stresses that professional development “foster collective responsibility for improved student performance, be comprised of professional learning that is aligned with rigorous state student academic standards,” and “includes a repository of best practices for teaching methods developed by educators for comment and updating.” Contextualizing play-based learning and including it in this section referencing professional development appears to emphasize its importance – its relevance to academic outcomes and the need to approach this strategy with a solid theoretical background, training and intentional planning and oversight. Informing the General Assembly’s interest in these areas related to student mental/physical health is a vast amount of research supporting the need for children to engage in play. In a Hechinger Report article, Want Resilient and Well-Adjusted Kids? Let Them Play, (Jackie Mader, November, 2022), the author cites notable psychiatrist, Dr. Stuart Brown, who suggests, “The presence of play, particularly in child development, has a great deal to do with competency, resil-

even outside of it, can be minimal and uneven and many obstacles stand in the way of increasing and improving play time.” This is particularly true as a result of the amount of time children spend in front of screens. Along with advocating for schools to provide space for play, the Report recognizes the need for training as well, noting “Experts say adults, including parents and educators, need support and encouragement to maximize benefits of play.” It further acknowledges that at the school level, “it can be challenging to get a buy-in for more play time from stressed-out administrators and educators who are dealing with state testing pressures.” CABE, in light of the research and evidence shared by outstanding educators, does not view play-based learning and academic achievement as an either-or proposition. Instead, play is a fundamental aspect of childhood and a powerful tool for learning, development, and well-being. Model policy 6142.104 attempts to find the balance, ensuring young children have opportunities throughout each day to engage in play while supporting teachers in their planning and careful consideration in designing effective play environments and experiences that allow children to reap the benefits of play.

As obvious as the value of play-based learning, it too should be obvious that time is perhaps a teacher’s greatest instructional resource. Therefore, teachers and school leaders will need to devote time to learning about the value of play-based learning and strategies for effective implementation. Integrating play-based learning activities into the curriculum to ensure they align with learning objectives and standards will require time for effective planning, collaboration, guidance and oversight. Training to assist teachers in developing their observational skills to better understand how play can contribute to children’s development and to develop assessment tools that capture the learning that occurs during play will help ensure the time devoted to play-based learning supports the Board’s goals related to academic growth and learning. This legislative action and CABE’s corresponding policy have the potential to ensure Connecticut school children have access to playbased learning’s benefits to mental health and academic growth. As with all meaningful and sustainable learning initiatives, it will require thoughtful planning, collaboration, and time to develop and refine.

Prepare for the

2024 Legislative Session by attending a

FREE CABE WEBINAR:

The Board’s Role in Advocacy

Wed., January 24, 2024 11 a.m. to 12:15 p.m. Scan to register:

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

People in the News East Hampton Superintendent Paul Smith received the 2023 NEASC Service Award during the Conference. He has chaired seven accreditation visits for the NEASC Commission on Public Schools and served on a NEASC committee in January 2019 to inform the development of and transition to the 2020 Vision for Learning Accreditation Visit Protocol. Paul has been a presenter for the NEASC Annual Conference and the Showcase of Model School Programs, sharing insights and transformative practices with our member schools. Paul is a past recipient of a Service Award and the NEASC Jake Ludes III Leadership Award.

February is #ISUPPORTMYCTPUBLICSCHOOLS Month! Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

#ISupportMyCTPUblicSchools

Help us share all the good that is happening in your district! Throughout the month of February CABE will be sharing videos of great things going on in Connecticut’s school districts. We need YOU to submit videos of these great things!

DETAILS:

• Submit videos between now – February 24, 2024. • Videos should be no more than one minute.

• Videos should be shot landscape. • Appropriate consent per district policy should be in place for all videos shared with CABE. If you have technical questions regarding submitting a video, please contact Wilmarie Newton at wnewton@ cabe.org. Help us flood social media with your great videos! For more ways to spread the great things going on in your district, go to the #ISUPPORTMYCTPUBLICSCHOOLS section of the CABE website.

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

CABE/CAPSS Convention Takeaways CABE/CAPSS Convention Workshop Moderators

An important group of volunteers moderates Convention workshops each year. Below is a brief report of takeaways from some of the sessions. Session A1 Legislative Update, moderated by Becky Tyrrell (Plainville), provided an overview of task forces impacting education on the state level. Participants engaged in conversations regarding HVAC funding, Educator evaluations, and how to advocate for education. Session A5 Title 1X Grievance Procedures – 2023 Updates was moderated by Superintendent Ian Neviaser (Lyme/Old Lyme). This session provided: 1. New definition of sexual harassment Quid pro quo Severe, pervasive, and objectively offensive that denies access to education programs Sexual assault, dating violence,

domestic violence and stalking 2. D istricts must identify various roles Title IX Coordinator Investigator Decision maker Decision maker on appeal Informal resolution facilitators 3. N ew process – outlined in handout Session A6, The Science of Reading, was moderated by Marion Manzo (Region 15). She reported that the group learned about the master class offered to help districts with Science of Reading. Fran from CAPSS was excellent and passionate. We benefitted from having the CSDE there. Session A7, Addressing Teen Mental Health and Threat Recognition and Intervention, moderated by Jaime Barr Shelburn (East Lyme), addressed threat assessment and teen mental health first aid. Session D3, How Gender Discrimination and Gender Racism

Impacts the Leadership Pipeline, was moderated by Meg Scata (Portland). Meg’s takeaways include the fact that microaggression can be subtle or blatant. It can be directed at gender, religion, ethnicity, age, or disability. Microaggressions are usually presumed to protect a weaker person. In reality, the microaggressor retains power and privilege over the person. Self-worth is devalued, and a person questions their value. Session D4, Diversity, Equity, and Inclusion in 2023, was moderated by LaToya Ireland (Waterbury). She shared the following three takeaways: •L isten to hear and not answer. •E quity and Equality are not the same thing! • I didn’t know that they added a B in DEIB. B= Belonging Session E1, Designing and Launching a Career, moderated by Meg Scata (Portland), discussed the creation of comprehensive high school career pathways—specific areas of study, including the basic gradu-

ation requirements. The work of the Superintendent, Career Counselors, Guidance Counselors, teachers, students, and parents committed to this Career/College is stressed, and individuals choose a path based on their interests. Thank you to our many workshop presenters and moderators! Workshop handouts that presenters provided are available on the CABE website at https://www.cabe.org/ professional-development/convention/ handouts. Information regarding the 2024 CABE/CAPSS Convention, including Call for Proposals, will come early in 2024.

Meeting of Interest nS tate Board of Education

Wednesday, January 3, 2024 9:30 a.m. 450 Columbus Boulevard, Hartford

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

CABE NEW BOARD MEMBER ORIENTATION/LEADERSHIP CONFERENCE DECEMBER 6

More than 150 Board of Education members and superintendents attended the New Board Member Orientation / Leadership Conference.

CABE President Leonard Lockhart (Windsor) welcomed conference participants.

CABE Sr. Staff Attorney Conrad Vahlsing (pictured), Executive Director and General Counsel Patrice McCarthy, and Sr. Staff Associate for Government Relations Sheila McKay presented a session for new board members on Statutory Requirements, Legal Issues and Advocacy.

CABE Sr. Staff Associate for Policy Service Jody Goeler presented a session for new board members on The School Board’s Policy Role.

Chris Horan, Horan Communications Founder and Managing Partner presented a joint session on The Art of Listening.

EdAdvance COO, Rich Carmelich and Naugatuck Business Manager, Bernice Rizk presented a preconference session for new board members, School Finance 101.

Michael Rell, a member of the Gov. M. Jodi Rell Center for Public Service Advisory Board which sponsored The Art of Listening session, offered brief remarks.

Patrice McCarthy, CABE Executive Director and General Counsel moderated a panel discussion on the Roles and Responsibilities of Board of Education Members and Superintendents. Panelists (L. to R.) were Christine Carver, CAPSS President (Bethel); Jan Perruccio, CAPSS President-Elect (Old Saybrook); Liz Brown, CABE Immediate Past President (Waterbury); and CABE President Leonard Lockhart (Windsor).

Janice Cupee (Stratford) and Lon Seidman, CABE VP for Government Relations (Essex) presented a pre-conference session for new board members, Working with Other Board Members and Maximizing Your Effectiveness as a Board Member.

CABE Sr. Staff Associate for Field Services and Coordinator of Technology (L. to R.) Jeff Newton, Superintendent, East Lyme, Akiva Davis, student, Hall High School (West Hartford), and Tony Perugini (Cheshire) presented a session Nick Caruso presented a joint session on Artificial Intelligence – Implications for Education. The session was moderat- on Five Common Mistakes Board Members Make. ed by Jaime Barr Shelburn (East Lyme).

CABE Sr. Staff Associate for Field Services and Coordinator of Technology Nick Caruso and Franklin Covey’s Marty Schaefer presented a pre-conference session for leaders on the Board Chair/Superintendent Relationship.

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

The Board Chair and Superintendent – Working Together Nicholas Caruso

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

Because of the nature of the work that the superintendent and board chair do together, they must develop a different relationship than “regular” board members and the superintendent. They need to work together to ensure the agenda meets the needs of the board, with the superintendent often relying on the chair for guidance in preparing information for the board. This relationship can sometimes be a source of contention, either between the chair and superintendent or between the board and the chair/superintendent team. Sometimes there is disagreement between the board chair and the superintendent about how they should communicate. The chair may expect the superintendent to respond immediately any time he or she gets a call from the chair. I’ve seen chairs drop in unannounced and expect the superintendent to drop everything they are doing to discuss whatever is on the chair’s mind. I’ve also heard from superintendents that some chairs are too disengaged and leave too much to the superintendent. There needs to be a happy medium. There are times when other board

members feel the chair and superintendent are too close and are leaving them out of too many discussions. There are numerous models of chair/superintendent relationships – many that work effectively. However, that dynamic is subject to change whenever the board elects a new chair. In some cases, the board chooses a new chair because they are uncomfortable with the way the chair and superintendent have interacted in the past. Those boards will be looking for a new direction. Board members will sometimes question how agendas are built or how items are added to the agenda.

Communicating with the board/ superintendent

One question that comes up regularly is “Who talks to the superintendent?” When issues arise, is your board’s protocol to call the board chair or the superintendent directly? In some districts the chair acts as a filter and brings items to the superintendent when he or she feels it is appropriate. In other districts, the superintendent wants the contact with individual board members. Neither is better than the other, but there should be a consistent expectation on how things are done in your district.

Establish protocols

When a new chair is elected I recommend the chair and superintendent sit down and agree to a set of protocols. These questions can serve as a framework for that meeting. 1. Do the chair and superintendent need to meet regularly? If so, when and where? In some districts those meetings might include the executive committee (vice-chair and other officers). 2. What are the items that need to be discussed in those meetings (agenda topics, calendar dates, issues the superintendent wants to run by the chair before bringing them to the full board, etc.)? 3. How should the chair and superintendent communicate in emergencies? 4. What information should be forwarded to the chair vs. the whole board?

Plan a board self-evaluation to discuss board/superintendent interaction

Likewise, the board should meet with the superintendent to make sure everyone is on the same page when it comes to communication with the board. These discussions should include:

• when and under what conditions the board members should call the superintendent directly, • when the superintendent should contact board members or rely on the chair to let the board what is happening. • the superintendent’s expectations when it comes to board members contacting other district staff, visit schools and how to respond when a member of the public or staff member contacts them looking for assistance. These are areas that, without some sort of protocols or procedures, have the potential to cause disruption and bad feelings. The board should look at their policies and bylaws around communications to ensure the board and superintendent are comfortable with them. In general, problems arise when there is not a clear set of expectations regarding communication among the superintendent, board chair and other board members. Having a conversation before an issue arises is much easier, than trying to fix a problem while in the middle of it. If you would like assistance from CABE in facilitating such a discussion, please contact Nick Caruso at CABE at ncaruso@cabe.org or 860571-7446.

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

Are Your District’s Social Media Accounts a Ticking Legal Time Bomb? Zachary D. Schurin, Esq. Pullman & Comley, LLC

While district-controlled Facebook, Instagram and Twitter/“X” accounts can certainly be a great tool for engaging stakeholders – particularly Gen X and Millennial parents – it is important for board members and administrators to recognize that such accounts may be a “legal time bomb.” Here is an overview of key legal pitfalls for districts to be aware of and some tips for mitigating the risks:

Beware the Limited Public Forum!

In a number of recent cases, courts from around the country – including the Second Circuit Court of Appeals which has jurisdiction over Connecticut – have found that the interactive comment space on governmentally-controlled social media accounts can be what is known as a “limited public forum.” As such, when left open for comments and other interactions (i.e. “likes” “retweets,” etc.) school district social media accounts operate a lot like the public comment portion of board meetings. If speech from the public is allowed First Amendment protections apply. This means that while content-neutral time, place and manner restrictions are permissible, selectively deleting comments or blocking accounts based on the content of a user’s speech is problematic. For example, a district Instagram post with the score and a picture from last-night’s game would certainly seem innocuous enough. However, if the post is open to comments and parents publicly praise the coach for a well-coached game, district leaders will have a hard-time legally deleting subsequent comments that call for the coach’s immediate termination based on his decision to sit senior players in favor of star freshmen. This is because once a forum for speech is open to the public for one viewpoint, selectively restricting an opposing viewpoint likely runs afoul of the First Amendment. As such, it doesn’t take much imagination to see why it may be important to limit social media “comment wars” before they become a distraction.

FERPA and Directory Information “FERPA” – the federal Family Educational Rights and Privacy Act -- requires that schools obtain prior written consent from parents or

eligible students prior to the disclosure of personally identifiable information from a student’s education record except in limited circumstances. One such circumstance is for the disclosure of so-called “directory information” which FERPA defines as information that would generally not be considered harmful or an invasion of privacy if disclosed (i.e. honors, awards, extracurriculars, photographs and any other similar student information designated by the district). While most of what gets posted on district social media accounts likely qualifies as directory information, districts still need to be mindful of FERPA’s directory information disclosure rules before posting student pictures or other information to social media. Under FERPA, parents have the right to “opt out” of the disclosure of directory information even though the disclosure may not be considered offensive to most people. Moreover, administrators should check to make sure that annual FERPA notifications to parents properly designate the type of content that may be posted on a district social media account as directory information. For instance, if the annual notification designates student pictures as directory information but not videos, posting a video that depicts students on the district’s Instagram account could pose a FERPA issue.

Social Media Controversies

Beyond these issues there are of course other factors to consider when it comes to social media. In October, Connecticut joined 42 other states in suing Facebook and Instagram’s parent company Meta for allegedly engaging in practices designed to addict children and teens to their platforms. Also, in recent months a number of advertisers have abandoned Twitter/X following controversial comments by owner Elon Musk. While the risk of legal liability to Connecticut school districts by simply using social media is highly remote, school leaders should certainly consider whether district-use of such social media platforms sends an appropriate message in light of such controversies.

Best Practices

For districts that elect to use social media to connect with district stakeholders here are a few best practices to

consider: •D isable Comments: Instagram, Facebook and Twitter all have settings that allow posters to disable comments and other responses. In light of the public forum/First Amendment issues explained above it may be a good idea to disable comments on all district social media posts to avoid unwanted “comment wars.” •R equire Parental Consent: As explained above, while most student information that gets posted to social media likely constitutes directory information under FERPA, it still may be a good idea to ask for parental permission before a student picture or video gets posted online. If somehow a districtpost goes viral for the wrong reasons having parental consent in advance can avoid difficult conversations. •A dopt a Policy: When it comes to district social media accounts,

policy language that addresses the issues identified above can be very helpful, but there are other practical questions to consider. Who is authorized to post on behalf of the district? What is the process for obtaining parental consent? Who has the actual account password (it’s best to give more than one person access)? What restrictions apply to posts while a referendum is legally pending? Well-drafted policy language can avoid legal issues before they occur. As with so much else in the law, an ounce of prevention is worth a pound of cure. As such, with careful consideration districts should be able to sort through the best ways to use social media while minimizing the legal risks. Editor’s Note: Please contact the CABE Policy Department for sample policies on social media.

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