CABE Journal - March 2018

B C

www.cabe.org

Vol. 22, No. 3

March, 2018

March is Board of Education Member Appreciation Month!

Board Members Bring Their Message to Washington, D.C.

Lisa Steimer

Patrice McCarthy

Sr. Staff Associate for Professional Development and Communications, CABE

who are both.

As part of its efforts, SDE held the first of several workshops on eliminating implicit bias in hiring. Working with the Center on Great Teachers & Leaders, the workshop leaders began by discussing the great disparities in percentages between teachers of color and students of color.

In 2015-16, for example, 8.3 percent of teachers were of color, while 44 percent of students were. In the “Opportunity” Districts, the lowest performing subset of the 30 Alliance Districts, the percentage gap is as high as 68 percent.

What are the benefits to our students if, through the State and local districts, we are able to increase the percentages of teachers of color?

Members of CABE’s Executive Committee and staff recently attended the National School Boards Association Advocacy Institute in Washington, DC. Two days of informational sessions proceeded a day spent discussing critical issues with members of Connecticut Congressional delegation and their staff.

Among the topics discussed were: • The need to reauthorize the Carl Perkins Career and Technical Education Act, which supports innovative programs designed to advance student’s 21 st Century Skills to meet the needs in the workforce.

• Reauthorization of the Individuals with Disabilities Education Act, in which NSBA is proposing modifications to foster collaborative relationships between families and schools and reduce the complex, compliance driven processes within the IDEA procedures, as well as to meet the original promise of 40 percent federal funding for IDEA. • Invest in education including the critical Title I – Improving the Academic Achievement of the Disadvantaged and Title II – Preparing, Training, and Recruiting High Quality Teachers, Principals and School Leaders programs.

During the course of the workshops

See DIVERSITY page 13

See WASHINGTON, D.C. page 7

Educator Diversity and the Benefits for All Students Robert Rader

Executive Director, CABE

The Connecticut State Board of Education’s 5-Year Comprehensive Plan (2016-21) includes the goals of supporting districts in recruiting and retaining a diverse, effective educator corps, while ensuring that every student has access to excellent educators.

These are important goals. As one recruiter for an urban district told me, finding diverse teachers who are also the most effective teacher available is not an easy task. However, if we are to be successful as a State, we need to find educators

81 Wolcott Hill Road Wethersfield, CT 06109-1242

Connecticut Association of Boards of Education Inc.

March is Connecticut Board of Education Member Appreciation month.

This is the perfect opportunity to say “thank you” to the hard-working and dedicated board members in your district.

We encourage districts to recognize the time and effort Board members devote to board business during the course of the year. Use #BoardAppreciationMonth and #THANKYOU when thanking your Board members on social media.

New this year, CABE has created a Connecticut Board of Education Member Appreciation toolkit. You can access customizable materials such as editorials, new releases, suggestions for saluting school board members, and more in the Members Only section of the CABE website. You may also purchase Thank You Hershey bars and “Out of the public schools grows the greatness of a nation” note pads at goo. gl/4Au4uo.

On behalf of all of us at CABE, we thank Connecticut’s Board of Education members for the dedication they show not only to each child in their districts, but also to each child in Connecticut! You are making a difference!

Deputy Director and General Counsel, CABE

Thoughts on a Difficult Family Issue

ADA Compliance and Website Accessibility

Energy Savings in Wolcott Public Schools

New Report on Black Students: We Must Do More!

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Periodical Postage PAID Hartford, CT

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

CABE’s Policy Service Working for YOU! Robert Mitchell President, CABE

In my last few columns, I’ve spoken about the need for board members to serve as advocates for our public schools.

I’ve shown you how you can work to support public education in Connecticut and encourage you to continue to do so.

I will periodically use this column to highlight what CABE provides to its membership. This month, I want to talk about how the CABE staff supports you, Connecticut’s Boards of Education, on a daily basis.

School boards govern through Policy.

CABE is a key source of support to boards’ work in policy. CABE’s Policy Department staff has over 90 years of combined experience in education policy and governance and are a valuable asset to CABE’s membership.

CABE staff responds daily to questions about policy and policy implications.

Vincent Mustaro, CABE’s Senior Staff Associate for Policy Services is a former superintendent who not only knows policy in and out, but understands how to ensure your policy will be operational as well.

CABE keeps a large database of over 1,000 existing policies from around the state and makes them available to board members looking for samples. Working on a new policy? A phone call or e-mail to CABE’s Policy Department can generate examples of other district’s policies on that topic (or any other).

CABE also provides the Connecticut Reference Manual of School Board Policies, Regulations and Bylaws. This manual contains more than 450 examples of policies, regulations and bylaws that are mandated, recommended or optional. These are referenced by Connecticut statutes, regulations of the State Board of Education, relevant legal cases and federal statutes and regulations.

The Core manual is available to members via the CABE website at no cost. A CD with copies of all files is also available for a fee. The online version is searchable.

This allows you to research policies and best practices as you review your existing policies.

You also have to opportunity to participate in C.O.P.S. – Connecticut Online Policy Service. This low-cost, for-fee service allows your district to put its manual online, making it easier for you, your staff and the community to access your policy manual. C.O.P.S. is searchable and allows you to give access to anyone of a complete, totally up-to-date copy of your policies and regulations. Not only do you have access to all of your policies online, but those of any other C.O.P.S. subscriber.

CABE Policy Services also offers the Policy Update Service, which includes a quarterly mailing that incorporates changes to policies driven by changes in State and Federal laws, as well as changes due to legal decisions. At the end of every Legislative session, the Policy Department reviews every piece of education

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 legislation and makes changes to recommended policies. While there is a fee for this service, all boards benefit from the research that goes into this publication, as all recommended policies are updated when laws change.

Two other for-fee services are available for those districts who need a thorough review of their policy manual. The Policy Audit Service is a complete review of your existing policy manual, including a complete review of every policy and regulation with analysis as to what is current and what is out of date. A report with a full recommendation as to where work needs to be done to bring policies into compliance is provided to the district. For those districts that don’t have the resources to do a complete revision to their policy manual, there is the CABE Customized Policy Service which completely reviews and updates your entire manual.

Policy is how the board governs the district and knowing that strong support in that crucial area is only a phone call or e-mail away is reassuring to me as a Board Chair. I encourage you to think of CABE when questions arise.

To reach the CABE Policy Department, contact Vin Mustaro at vmustaro@ cabe.org or 860-571-7446.

The Connecticut Supreme Court Issues Decision in CCJEF v Rell Patrice McCarthy

Deputy Director and General Counsel, CABE

The CT Supreme Court issued the decision in CCJEF v Rell on January 17, 2018. The Court found that the state’s educational offerings are at least “minimally adequate”, and there is no violation of the equal protection rights under the CT Constitution. The opinion , written by Chief Justice Rogers, notes that there is an “imperfect public education system in this state that is straining to serve many students who, because their basic needs for, among

other things, adequate parenting, financial resources, housing, nutrition and care for their physical and psychological health are not being met, cannot take advantage of the educational opportunities that the state is offering” . . . BUT “It is not the function of the courts, however, to create educational policy or to attempt by judicial fiat to eliminate all of the societal deficiencies that continue to frustrate the state’s educational efforts.” In short, the state has a responsibility to insure that a minimally adequate education is OFFERED, but not a constitutional

obligation to insure that all students can take advantage of the opportunity.

A link to the decision and the concurrence and dissent is below. CABE has been a member of CCJEF since its inception. The case, originally filed in 2005, has taken a long journey. We will continue our advocacy at the state and federal levels to insure that all our students have the opportunity to benefit from their education. http://www.jud.ct.gov/external/ supapp/aro.htm#Supreme

EXECUTIVE COMMITTEE Robert Mitchell | President, Montville Donald Harris | First Vice President, Bloomfield Elizabeth Brown | Vice President for Government Relations, Waterbury Christopher Wilson | V ice President for Professional Development, Bristol Michael Purcaro | Secretary/Treasurer, Ellington Ann Gruenberg | I mmediate Past President, Hampton Bryan Hall | Member at Large, East Hartford Lydia Tedone | NSBA Director, Simsbury AREA DIRECTORS Jonathan Moore | Area 1 Co-Director, Region 1 Michelle Lucian | Area 1 Co-Director, Plymouth Byran Hall | Area 2 Director, East Hartford Michael Purcaro | Area 3 Co-Director, Ellington Michele Arn | Area 3 Co-Director, Vernon Joan Trivella | Area 4 Director, Brooklyn Mic helle Embree Ku | A rea 5 Co-Director, Newtown Frances Walton | Area 5 Co-Director, Ridgefield Jennifer Dayton | Area 6 Co-Director, Greenwich Karen Kleine | Area 6 Co-Director, Westport George Kurtyka | Area 7 Director, Derby Sean Nugent | Area 9 Director, Preston ASSOCIATES Eileen Baker | Associate, Old Saybrook Robert Guthrie | Associate, West Haven John Prins | Associate, Branford Robert Trefry | Associate, CT Technical High School System COMMITTEE CHAIRS Becky Tyrrell | Chair, Federal Relations, Plainville Bryan Hall | Chair, Resolutions, East Hartford Jennifer Dayton | Chair, State Relations, Greenwich CITY REPRESENTATIVES Jacqueline Heftman | C ity Representative, Stamford Charles Stango | City Representative, Waterbury STAFF

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

The CABE Journal (ISSN 1092-1818) is published monthly except a combined issue for July/ August as a member service of the Connecticut Association of Boards of Education, 81 Wolcott Hill Road, Wethersfield, CT 06109, (860) 5717446. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75. Association membership dues include a subscription for each board member, superintendent, assistant superintendent and business manager.

The companies and advertisements found in The CABE Journal are not necessarily endorsed by CABE. “Periodicals Postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. Email: bcarney@cabe.org. Members can find the CABE Journal online at: www.cabe.org/ page.cfm?p=1024

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

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EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite GOLD MEMBERS

Berchem Moses PC Pullman & Comley Shipman & Goodwin Support for the Budgetary Process SILVER MEMBERS Anthem Blue Cross and Blue Shield Arthur J. Gallagher & Company Corporate Cost Control Digital Back Office Milone & MacBroom, Inc. Zangari Cohn Cuthbertson Duhl & Grello PC BRONZE PLUS MEMBERS Cohen & Wolf, P.C. Coordinated Transportation Solutions Friar Associates Kainen, Escalera & McHale, P.C. Milliman, Inc. O & G Industries OneDigital Health and Benefits The S/L/A/M Collaborative BRONZE MEMBERS Albert Risk Management Consultants Brown & Brown Insurance Chinni & Meuser LLC Dattco Inc. ECG Engineering, PC Fusfoo Media LLC Goldstein & Peck, P.C. JCJ Architecture The Lexington Group Perkins & Eastman Solutions Employee Assistance Program Sources4Teachers Suisman Shapiro Attorneys at Law

EDUCATIONAL AFFILIATES

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

A Single Board Member or Superintendent Can Make a Difference Robert Rader Executive Director, CABE A legislative victory for school boards and CABE last year was the passage of P.A.17-37. This act implemented recommendations from the Task Force on Professional Development and In-Service Training Requirements for Educators.

As you may remember, the idea of changing how and when districts provide professional development to their staffs came from Old Saybrook Superintendent Jan Perruccio, who put a monetary figure on what time was lost in the district because of annual required training. Patrice McCarthy and Sheila McKay then used this information to encourage the leadership of the Education Committee to establish the Task Force, which unanimously voted to recommend removing some of the PD mandates.

The lesson for school boards and superintendents is that one person can make a difference at the Legislature for all districts, especially when supported by credible data and a logical idea.

Legislation still requires the State Board, “within available appropriations and utilizing available materials” to make subject matter available to districts on, for example, such topics as Holocaust and genocide education and awareness, the Great Famine in Ireland, African-American, Puerto Rican and Native American history, as well as domestic violence and teen dating, and mental health first aid training.

A New Mandate?

There have been, and will continue to be, attempts to mandate the teaching of some of these areas. In early January, I was approached about the possibility of requiring the Holocaust to be taught to students.

Because of my background, I have always been interested in the Holocaust and I am a member of the Connecticut Regional Board of the Anti-Defamation League (ADL). ADL is dedicated to fighting anti-Semitism and all forms of bigotry, defends democratic ideals and protects civil rights for all. Those who approached me wanted my opinion on mandating the teaching of the Holocaust.

Survivors of the Holocaust are becoming harder to find as the years pass.

There are fewer witnesses to this awful period of history. Those who would like to see a mandate want to ensure, for very good reason, that the many lessons of how people treated millions of fellow human beings, how the Nazis and their allies gained power and persecuted Jews and others, and developed the “Final Solution,” are imparted to the next generation(s).

Those who want to mandate the training may believe that the events in Charlottesville last summer, virtually require us to

teach the Holocaust. Charlottesville was where American neo-Nazis and members of the Ku Klux Klan marched, yelled that they would “not be replaced” by Jews, and a young woman was killed as she protested against the white supremacists.

The anti-Semitic and other hate speech and crimes we have seen, including in our own State, remind us that we always have to protect and strengthen civility. I am very proud that the CABE Delegate Assembly stated exactly that in a position statement unanimously adopted last November.

It also should be remembered that there is no funding for what would be a mandate. Material is only required to be developed by the Connecticut State Department of Education (SDE) if the State provides it with funding.

Lessons of the Holocaust

I agree that the lessons of the Holocaust cannot and must not be forgotten. I also believe that the teaching of the other subjects mentioned in the law are critical for our students to understand their own history and culture and that of other

being taught, how it is being taught, and the results attained.

• Second, the board must allocate adequate resources. Commitment to curriculum development must be accompanied by the adoption of a budget that provides adequate resources.

• Next, the board must maintain a curriculum focus. It should require frequent reports from the administration through a series of curriculum-related presentations to the board on the educational program…”

If I was a school board member and interested in how the district teaches about the Holocaust, I would speak to the Superintendent, or to the Assistant Super-

“ The anti-Semitic and other hate speech and crimes we have seen, including in our own State, remind us tht we always have to protect and strengthen civility.” groups. They contain lessons for all of us and demonstrate the Legislature’s desire for our students to have their eyes widened to more than just the “usual” subjects.

In addition, I believe that students must learn about history so as not to repeat it. We need our students to be well-rounded and have an understanding of all the subjects in the law.

However, mandated training would come with the expectation that the curriculum be taught in a certain way. I would much prefer that teachers and their students study the Holocaust in a number of ways: reading and discussing Night by Elie Wiesel, making a visit to a Holocaust Museum or having a survivor discuss what he or she experienced.

The Board Member’s Role

As Vin Mustaro stated in the Journal’s Policy Corner in November, Boards affect the curriculum in three ways: • “First, the board should make a commitment to the curriculum…

Curriculum issues should be a regular part of board meeting agendas. Meeting time should be spent discussing what is

intendent of Instruction, if there is one, to learn about how the district handles this subject. I would want to know when lessons on the Holocaust are taught in the district’s schools. I would ask if materials (if any) developed by SDE are provided to the staff. I also would ask how the material was used and about what was taught.

Of course, because of the sensitive and emotional nature of teaching about the Holocaust, it may be appropriate for the full Board to discuss the subject.

I would do the same on any subjects I thought important for students, whether or not in the list in PA17-37. It is the board’s responsibility to connect the will of the community to the education of its children and every board member should exercise their responsibility to ask appropriate questions about curriculum.

As I told the well-meaning individuals who spoke to me about Holocaust education, we are determined to help boards provide lessons to their students and will be glad to disseminate information and best practices. In this way, I think we make the best contribution to our members.

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

Robert Rader

Thoughts on a Difficult Issue for Schools and the Family

Executive Director, CABE

I recently received a book entitled, At the Broken Places, from the author, Central Connecticut State University Professor Mary Collins and her son, Donald Collins. The book is a discussion of Donald’s transition from female to male and how their relationship changed.

The two authors alternated chapters in describing their journey. Professor Collins described her anger and grief as she “lost a daughter” who had been so very close to her. She was particularly displeased as Donald physically changed his body to conform to his gender identity.

Donald discusses his ups and downs and search for his “authentic self.” Arguments and tension with his mother made the transition very difficult, while both seemed to have reconciled and rebuilt their relationship, which had been terribly strained.

As the father of a transgender son, I have experienced similar difficult emotional situations as my daughter became my son. I, too, had much anxiety as my son took steps to change his body to sync it with how he saw himself.

Every transition is different. Some tear families apart; others seem to be natural, as the child may have provided many clues to the difference between his or her physical self and how he or she reacted to society pigeonholing the person into our binary gender lens. For example, our family had seen our “daughter” fight with a teacher when he attempted to put him onto a girls team in kindergarten. For my wife, our two other boys and our extended

family, the transition was almost matter of fact: it seemed so natural that upon hearing her granddaughter would become her grandson, my mother’s reaction was, “So?” However, many families go through terrible emotional trauma as the psychological effects of the change affect relationships as well as dreams of the future. For instance, there will be no accompanying the daughter down the wedding aisle, as we had viewed the future.

Lack of Support

In a separate letter that accompanied the book, Professor Collins decried the lack of support for families as children transition. She “felt that the educators, counselors, medical professionals and general community worked hard to figure out how to support my trans teen during her/his transition from female-to-male, but had no resources for me as a parent undergoing an incredibly difficult emotional transition. To truly help trans teens you need to help the entire family unit.” [Collins’ emphasis.]

There is much truth in Professor Collins’ view. Board policies and support mechanisms in the schools (her son went to a private school, but, this concern is applicable to public schools, too) are, naturally, aimed at protecting the best interests of the student. However, she writes that “Crafting a more COMPLETE policy that grasps that the schools must address the needs of the family unit is the key to an overall better approach to handling transgender individuals in public schools K-12.”

Much like in other situations, school districts are not obligated to help parents or other families with their difficult,

emotional issues. Not only do schools lack the resources or the knowledge necessary to fully support the family of the student, they must do what’s best for the student.

However, if we are to help the student, the family, as in many other situations, needs to be engaged. School districts can provide parents with information and tell them where they might get resources to help the whole family.

Many outside support groups available for LGBTQ individuals are aimed at supporting the person and their family as the person considers or actually transitions.

As Professor Collins states, these groups, as well as media and society in general, support and encourage the person in this situation. There is little that these groups do for parents who may be against the idea that their child is transitioning. For example, what happens when a young child wants to start taking hormones or have surgery to begin transition?

The parents are still responsible for the child and may believe that the child is too young to make these life-changing decisions, as Professor Collins felt about her child.

In such cases, the school is placed in a very difficult situation. Expecting the school to referee disagreements in the home goes well beyond what I believe should be the schools’ responsibility. However, encouraging the whole family to receive help from outside psychologists and social workers can be helpful. At the very least, providing a list of possible resources could benefit the parents.

In regard to what occurs in school, as CABE Sample Regulation #5145.53a states:

“The Superintendent shall ensure that students with gender identity or expression concerns and their parents/ guardians shall be given the opportunity to discuss these issues and participate in the educational planning and programing for their student. The Superintendent or his/her designee may consult the experiences and expertise of qualified school staff as well as external resources where appropriate.”

As stated in the Policy Update from last July, Senior Staff Associate for Policy Vincent Mustaro reminded readers that: “The newest resource promulgated by the Connecticut State Department of Education in June 2017 is Guidance on Civil Rights Protections and Supports for Transgender Students. The Guidance reflects best practices, and federal court and agency decisions as well as interpretive information. Such resources will prove helpful in the recommendation to train all teachers, administrators, counselors and students in transgender sensitivity, in what it means to treat all people respectfully and equally. The goal must be for a positive, harassment-free atmosphere for all students.”

At the Broken Places is well worth the read (and it contains lists of resources).

Transitioning is difficult, not only for the one making the change, but for the entire family unit. As a society, we need to ensure that there is support for all who go through this difficult challenge, without judgement of the individuals involved.

CABE Area Breakfasts Held Around the State

A full house at the HASA, CABE and CREC Legislative Breakfast in CABE Area 2 on February 15.

Patrice McCarthy, Deputy Director and General Counsel, CABE, makes remarks about the upcoming Legislative Session at the CABE Area 2 Breakfast.

CABE Area 4 Director Joan Trivella, Brooklyn, facilitated the CABE Area 4 Legislative Breakfast.

Representatives Daniel Rovero, Anne Dauphinais, Pat Boyr and Kevin Skulczyck participated in the CABE Area 4 Legislative Breakfast on January 22.

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

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See You in Court – The Nutmeg Board of Education

Is Your Social Media Page Really Your Personal Page?

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.

Mark Millennial was recently elected to the Nutmeg Board of Education. More than ten years younger than any of the other Board members, Mark brings a new approach to Board service. His presence on social media is far more extensive than any of the other Board members. Mark is constantly tweeting out about the doings of the Nutmeg Public Schools, and his Facebook page has become a virtual meeting place for debate about the challenges facing the Nutmeg Public Schools.

With the coming of the budget season, Mark went into high gear. His Facebook page reads: “Mark Millennial, Member of the Nutmeg Board of Education: I want to hear from YOU!!” and every three days Mark posts information about school spending, followed by a question about the related expenditure of Board funds.

For example, last week Mark posted a chart setting out school spending on high school athletics, broken down by sport, followed by the question, “Is Nutmeg meeting its obligations under Title IX?” Many residents posted comments in response to this question, some to the effect that girls sports are being neglected, while others claimed that boys’ sports have suffered with ill-advised reallocations to girls’ sports. Mark was delighted that his Facebook page was getting such traction, and he commented back on every single comment that his followers posted.

As can happen, a skunk then spoiled the garden party. Al Angry, a local gadfly, got into the discussion with rude and highly critical posts that took issue with every comment Mark made on his Facebook page. “What do you know, Mark Millennial,” Al posted rhetorically, “about spending hard-earned tax dollars after your parents paid for your education at a fancy college?” Mark tried to calm Al down with a patronizing post about appreciating his viewpoint, but things only got worse. Al’s next post started, “You’re wrong, and I will tell you how you are wrong,” and Al proceeded to provide a detailed, somewhat snarky rebuttal to each of Mark’s posts.

Mark was upset that Al’s negative posts were changing the tone of Mark’s Facebook page. So he did what any

good millennial would do – he blocked Al’s access to his page. The tone of the comments on his Facebook page promptly improved.

Al was fit to be tied, and he did what any good gadfly would do – he sued Mark in federal court for violating his rights under the First, Fourth and Fifteenth Amendments to the United States Constitution. His ten-page complaint alleged that Mark’s actions in blocking him were improper viewpoint discrimination in violation of his free speech rights, and further that Mark’s actions in summarily blocking him from the Facebook page violated Al’s right to due process.

Mark was shocked and upset to be sued by Al. He didn’t see how Al had a right to insist on posting his negative comments on Mark’s personal Facebook page, but Mark certainly didn’t have the money to hire a lawyer to defend himself in litigation. He called Mr. Superintendent, who listened sympathetically to Mark’s story. Mr. Superintendent asked if Mark considered his Facebook page his own personal business, and Mark emphatically answered yes. If such is the case, Mr. Superintendent then told Mark regretfully, this is not Board business and that Mark is on his own.

What should Mark do?

••••••••••••••••••••••••••••• Mark should reconsider his position that his Facebook page is his personal business that he can run just as he wishes.

Moreover, Mr. Superintendent should think more broadly about the protections afforded to board of education members under Connecticut law.

Taking Mark’s Facebook page first, we note that, while it is his personal page, it appears that Mark has created a forum for speech on matters of public concern. As a Board member, Mark is a public official, and while referring to his status as a Board member, he gave the public an opportunity to make comments on his Facebook page and then responded to those comments. Given these facts, the courts would likely find that Mark has created a limited public forum on his Facebook page that is subject to constitutional protections, including the prohibition against viewpoint discrimination.

Clearly, this is an evolving area of the law, but a recent federal district court case decided in Virginia (and now on appeal to the Fourth Circuit) is instructive. There, the chairperson of a county board of supervisors maintained a Facebook page, and after an unpleasant exchange with a constituent, she blocked him from the Facebook page. She later thought better of it, and unblocked him after twelve hours,

but he sued anyway, alleging that her actions violated his rights of free speech and due process. Davison v. Loudoun County Board of Supervisors, 267 F. Supp. 3d 702 (E.D. Virginia 2017). The court agreed with the plaintiff on the free speech claim, finding that the chairperson had created a limited public forum on her Facebook page for comment on county affairs. Once the forum was created, the court went on, blocking an individual from the forum because of his viewpoint violated the First Amendment. As to the due process claim – whether before depriving the constituent of access, the chairperson should have given the him some sort of hearing –the court found no due process violation. We now await further guidance on both points from the Fourth Circuit (as well as from other courts over time).

Applying this analysis to Mark’s Facebook page, it is clear that by opening the page up to comments (and further by responding) in his capacity as a Board member, Mark created a limited public forum that was subject to constitutional protections. Accordingly, unless Al’s speech is unprotected because it is vulgar or threatening, he had the right to post his

contrary views on Mark’s Facebook page.

That all said, Mr. Superintendent should have called Mr. Board Attorney before offering his legal opinion that Mark is on his own. Al’s claim against Mark is based on Mark’s service on the Nutmeg Board of Education. Whether a court ultimately agrees with Al or with Mark, Mark is entitled to protection. Conn. Gen. Stat. § 10-235 reflects an important policy to protect public officials who serve their communities, and it provides that board of education members are indemnified and held harmless against liability for claims made against them for actions they take in that capacity unless those actions are wanton, reckless or malicious. Significantly, that protection includes reasonable attorneys’ fees. Here, win or lose, the claim against Mark (and the Board more generally) here is based on Mark’s status as a Board member. Accordingly, the Nutmeg Board of Education is obligated to provide Mark legal representation and to pay any amounts due, should the court ultimately award damages for any violation of Al’s First Amendment rights

The Ninth Edition – Now Available!

A Practical Guide to Connecticut School Law

by Thomas B. Mooney, Esq. Shipman & Goodwin

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

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

• Changes in teacher evaluation and teacher tenure.

• New rules regarding employee background checks.

• New requirements concerning student data privacy.

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

• Revised requirements governing seclusion and restraint.

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

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

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

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

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

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

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ADA Compliance and Website Accessibility Mia Major

Marketing Manager – Public Schools, Finalsite

The hype around meeting the January 18, 2018 deadline for ADA compliance is officially behind districts. And while there is no longer a looming deadline that has districts in a frenzy, ADA compliance and website accessibility should still be at the top of your district’s to-do list.

Why? First of all, it is the right thing to do. Fifteen percent of the world’s population1 and 20 percent of the U.S. population2 have some form of disability — from color-blindness to traumatic brain injury (TBI) — and these impact an individual’s ability to fully access and consume digital content.

Second, abiding by the 200+ WCAG 2.0 regulations to ensure your district’s website is compliant is the law. If your district receives federal funding — whether it’s $500 or $500,000 — you are required, under both Title II and Title III of the ADA to offer a fully accessible website.

If your website is not accessible, you are open to the risk of receiving an Office of Civil Rights (OCR) demand letter, or in other words, a fine for your website’s non-accessible content.

There are two main regulations that hold public schools and districts accountable, by law, to have an accessible website: the ADA and Section 504.

ADA: Americans with Disabilities Act

Schools fall into the category of disability rights under Title II and Title III of the ADA. According to the ADA.gov guide

WASHINGTON, D.C.

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to prepare the 750 attendees for their Capitol Hill visits, Sheila McKay presented a workshop addressing “What’s New in Congress and the Administration?”. In her role as Chairman of the Conference of

to Disability Rights Laws, Title II states that any school that is federally funded is required to give those with disabilities the same opportunity as anyone else when it comes to visiting and browsing its school website. Many public schools, districts, and higher education institutions fall under this requirement.3 Likewise, Title III states that equal access in places of public accommodations and rulings in federal suits have found that to include the Internet. Private schools, colleges and universities need to make their websites and digital content accessible.4

Section 504

The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in any program that is federally funded. Within this Act is Section 504, a law that is relevant for any school that receives federal funding. Section 504 states: “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under any program or activity that either receives Federal financial assistance.” 5

The Current OCR Climate

The Office for Civil Rights (OCR) is a sub-agency of the U.S. Department of Education that focuses on protecting civil rights. The mission of the OCR is to ensure equal access is offered within education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights. The OCR impacts digital accessibility for school websites specifically as it enforces State Association Legislative Staff (CSALS) she also chaired a meeting of that group at the conclusion of the conference.

The Connecticut attendees also participated in NSBA’s Equity Symposium, which focused on identifying and eradicating discriminatory practices, prejudices and beliefs in education

From left: Bryan Hall, East Hartford; Nate Quesnel, East Hartford; Patrice McCarthy, CABE; Sheila McKay, CABE; Lydia Tedone, Simsbury; Ann Gruenberg, Hampton; Becky Tyrrell, Plainville; Bob Mitchell, Montville; Bob Rader, CABE and Donald Harris, Bloomfield; prepare to meet with the Connecticut Congressional delegation and their staff about education issues of importance.

several Federal civil rights laws including Section 504 and Title II. If you have any of the following errors on your website, your district could be a target of an OCR demand letter:

information of your district’s accessibility specialist.

3. Working with your accessibility specialist, audit your website’s existing content and functionality so that you can report back to the OCR on your website’s accessibility.

• Misleading structural or form elements • Uncaptioned audio or undescribed video • Lack of alternative information for users that cannot access frames or scripts, such as ALT text on images • Sites with poor color contrasts or small fonts • Inability to tab through content • Inaccessible PDFs

4. Train staff and establish resources, policies and procedures for new content and functionality.

5. Formalize a corrective action plan.

This is when your school is ready to supply the OCR with a breakdown of audit findings, strategy of taking what you found and remediating it.

How to Manage OCR Complaints

Anyone who believes that an education institution or program that receives Federal financial assistance has discriminated against someone on the basis of race, color, national origin, sex, disability, or age, can file a complaint. This includes failing to provide equal access to digital content in internal or external-facing websites.

What can your school do if you receive an OCR violation?

1. Procure an accessibility specialist to help your school implement a multimonth strategy. They would also serve as an additional resource with an accessibility perspective.

2. Provide accessibility support resources for end-users by providing statements, resources, and contact

policies. The symposium provided valuable insights for discussion by CABE’s Diversity Committee, Chaired by First Vice President Donald Harris. The opening session focused on the intersection of school segregation and housing policy.

Breakout sessions included the importance of pre-k as a strategy to prepare all kids for

From left: Ann Gruenberg, Hampton; Sheila McKay, CABE; Patrice McCarthy, CABE; and Bob Mitchell, Montville; meet with U.S. Representative Rosa DeLauro (pictured center).

6. Remediate issues and adhere to correction action plan schedule, as this will be a continuous effort to assure your school website is fully compliant.

Conclusion

It important to remember accessibility is about people, not compliance. Understand your responsibilities as an educational institution and adhere to them. 2018 is a time to be proactive — not reactive, as it is the right thing to do. It will save you time, stress and money in the long term.

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ttp://apps.who.int/iris/bitstream/ 10665/ h 70670/1/WHO_NMH_VIP_11.01_eng.pdf h ttps://www.census.gov/newsroom/releases/ archives/miscellaneous/cb12-134.html

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https://www.ada.gov/cguide.htm#anchor62335

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https://www.ada.gov/cguide.htm#anchor62335

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https://www.ada.gov/cguide.htm#anchor62335

success, social and emotional learning and equity, and supporting equitable access to excellent educators – all topics being addressed by the Diversity Committee.

Students provided an insightful panel discussion during lunch, and were well received - as they always are at the CABE/ CAPSS Convention.

Senior Staff Associate for Government Relations, Sheila McKay (pictured right) presents on “What’s New in Congress and the Administration” at NSBA’s Advocacy Institute.

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

Spotlight on Connecticut Practices That Lead and Inspire:

Energy Savings in Wolcott Public Schools Chris Seymour Reporter, CABE

By placing a big emphasis on energy savings, Wolcott schools has reduced its energy usage by over 30 percent in recent years and has seen all five of its schools earn Energy Star certifications.

“We saw the value of energy savings and tried to take it to the next level with LED lighting and variable drive speed pumps on a lot of our larger motors,” said David Stankus, Facilities Director for Wolcott schools. “And it has really, really worked well for us.”

Stankus—who noted the district has worked with Eversource and lighting contractors—stressed that the energy savings has been a district-wide effort.

“We have gotten kids involved with energy savings programs and teachers have really bought in, and principals have been competitive as far as—‘How is my school doing? Is it doing better than the other elementary schools?’” explained Stankus.

“You get that environment and people have really been engaged and done a really, really good job,” he added. “It wasn’t the effort of one or two people; it was the entire district and the Board of Education supported it and the last Superintendent and [current Superintendent] Dr. [Anthony] Gasper really supports this.”

According to Stankus, in 2011, Wolcott schools spent $1.2 million for energy costs “and this year we are just above $700,000, at about $728,000, and that is counting inflation and price increases.”

That translates into energy usage reductions of “between 32 and 35 percent,” according to Stankus.

“We saved $2 million over the course of five or six years,” said Gasper. “And that is substantial because our budget is only $34 million.”

While Stankus is quick to credit others with helping Wolcott save so much money on energy costs, Gasper stressed that Stankus has led the charge.

“Dave is a modest guy but he has spearheaded this,” said Gasper.

Stankus was “hired here with energy conservation in mind” in 2012, according to Gasper, and was brought in “as a medium for a company the Wolcott Board of Education hired,” added Stankus. That company was known at the time as Energy Education but has since changed its name to Cenergistics.

“He was hired part time to do just this work and then it was quite wise of the Board to hire him full time … and he has continued to work on this and this is the kind of thing that doesn’t continue unless you constantly pay attention,” stressed Gasper.

Gasper pointed out it’s all about changing folks’ behavior. “It’s about changing really the behavior of all the adults in the system but if you don’t keep reminding them about what the proper behavior is, it’s easy to fall back into old habits,” he continued. “Dave has a very good way of keeping people reminded of what we are trying to accomplish and what it’s worth.”

Stankus is also constantly keeping a

close eye on things. “We still track things every month—so every month you look and you compare it to last year and you take weather into consideration,” he said.

“We have a program that helps you with that, so you input all your bills and meters and just make sure you’re not going backwards in any direction.”

On the frontlines of the effort are building custodians. “Head custodians were really key to this because they are the people opening up the school in the morning and policy dictates when the school starts to get heated up and when exhaust fans get turned on,” said Stankus.

“But then they are also there at the end of the day, so if somebody forgets to turn something off they’re kind of like our last line of defense. They were key to our success—the custodians, head custodians, maintenance—those guys were all good,” added Stankus.

Stankus pointed out that being able to quantify energy savings has been a motivator for people in the Wolcott school buildings.

“When you tell them, ‘Listen, your school last month saved $21,000 in electrical and fuel oil bills,’ then it becomes kind of real and if you share data with them then it becomes a reality,” said Stankus.

“If you’re shutting lights off and you don’t really know what it’s doing for the program as a whole then people aren’t that excited about it,” explained Stankus. “Once you show them actual numbers, they start to get excited about it and they get a little competitive with each other and that’s a

good thing.”

All five Wolcott schools recently earned Energy Star certification, which “identifies top performing, cost-effective products, homes and buildings,” according to Energy Star.

To be eligible for Energy Star certification, a building must earn an Energy Star score of 75 or higher, “indicating that it performs better than at least 75 percent of similar buildings nationwide,” according to Energy Star.

Wolcott far exceeded that minimum threshold, as all five of its buildings hit 95 percent or better.

Overall, Gasper noted that the less money that is spent on energy costs, the more money can be spent on students.

“The operations of a school district aren’t really what most people think of or ever even see,” said Gasper. “But the impact on the budget can be huge—the less money we spend on electricity and fuel oil, the more money we can spend on technology for kids and classroom resources.”

Wolcott Board of Education Chair Lori DelBuono Bartlett praised the energy saving efforts of Stankus and others in the district.

“Given the tough economic times over the past several years, we have had to be aggressive in trying to cut costs,” she said. “The energy savings we obtained by implementing this program has proven to be invaluable and has helped us to come in with modest budget increases. I’d like to compliment all staff led by Dave Stankus for embracing this program. Job well done!”

CABE Hot Topic: School Start Times

CABE Executive Director Bob Rader welcomes workshop participants and introduces the presenters Robert O’Donnell, Principal, Wilton High School and Michelle Embree Ku, Board Chair, Newtown Board of Education.

A standing room only crowd participated on the February 15 workshop on School Start Times.

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

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Your CABE/CAPSS Convention Committee, Hard at Work!

Led by CABE’s Vice President for Professional Development Chris Wilson, the CABE/CAPSS Convention Committee began the process of planning YOUR November 16-17, 2018 CABE/CAPSS Convention on January 18! An event such as the Convention requires a year of work by both the Committee, and the CABE and CAPSS staffs. We often are asked, “How do CABE and CAPSS put together the Convention? What goes into deciding speakers and workshops?”

Here’s How We Do It

At the first meeting of the year, the Convention Committee reviewed the evaluation data you submitted on Convention workshops and the overall Convention.

The Committee takes this feedback seriously, and when possible and reasonable, acts on the feedback. We heard you and will be: • Providing more training in the use of the Convention mobile app, • Exploring opportunities to provide not only traditional books, but also e-books in the Convention bookstore.

The Committee always has a lively conversation at the January meeting regarding the Convention theme and workshop strands. This year was no different.

After a rich conversation, the Committee voted that the theme of the 2018 CABE/ CAPSS Convention will be Connecticut’s Future: Transforming Schools, Trans-

forming Lives. Workshop strands, which provide additional framework for the workshops to be presented at the Convention are: High Performing Boards and Superintendents, Student Growth and Well-Being, Innovation, and Diversity, Equity and Excellence.

Convention Workshop Call for Proposal information were emailed and emailed to CABE member board chairs, superintendents, and others in early February. The deadline is March 5. Specific deadlines and criteria are included in the Call for Proposal information. On behalf of the CABE/CAPSS Convention Committee, I encourage you school district to consider submitting a proposal.

What’s Next?

The CABE/CAPSS Convention Committee will meet in March, as will several subcommittees. By the end of March, the workshop subcommittee will make recommendations to the Committee with regard to workshop proposals received. The Committee will make their final determinations on proposals to be accepted. Notification to all who submitted proposals will be sent in early April.

You received information on entering YOUR district’s talented students to perform or exhibit their talents! Entries are due May 18. A subcommittee meets to review each entry and make a determination on which performing groups will kick off

our Friday and Saturday morning activities, as well as which talented students will be selected to exhibit. This is the most difficult meeting of the planning process. Connecticut has such a wealth of incredible students! Show off you talented students at the 2018 CABE/CAPSS Convention!

After the Committee’s March meeting, a great deal of work goes on behind the scenes with communications between staff and Committee members regarding General Session speakers, sponsor and exhibitor recommendations, workshop moderators, and logistics. All the while, staff is working on generating information for you that will be mailed or accessible online, securing sponsors and exhibitors, looking for ways to improve content delivered and working with the Convention site staff to ensure a positive experience for all!

Due to the many moving parts, the planning process can be likened to putting a puzzle together. There is a very specific

way the pieces fit together. We are fortunate to have a Committee that has the tenacity to stick with the puzzle for 12 months and are able to enjoy the outcome of their puzzle building.

Over the coming months, the CABE/ CAPSS Convention Committee will be releasing details as they come together. You will find these announcements in the CABE Journal, in the Wednesday What’s Going on at CABE email blast, online and in our mailbox.

If you have an interest in serving on the CABE/CAPSS Convention Committee, please contact Lisa Steimer at CABE at either 860-571-7446 or lsteimer@cabe.org.

All of us who work very hard to create the CABE/CAPSS Convention year in and year out look forward to seeing you at the 2018 CABE/CAPSS Convention, Connecticut’s Future: Transforming Schools, Transforming Lives on November 16-17, 2018 at the Mystic Marriott Hotel in Groton.

The CABE/CAPSS Convention Committee discuss the upcoming November 16-17, 2018 CABE/CAPSS Convention.

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

The Media Message

by Ann Baldwin, Baldwin Media Marketing, LLC

Tips for Delivering Effective Testimony As you are probably aware, the 2018 Legislative Session convened on February 7th and runs through May 9th. While this is referred to as a “short” session, Board of Education members, superintendents, or stakeholders in Connecticut’s public education system, may be called on to testify at a public hearing before the Legislature on a particular issue.

One of the big challenges when it comes to legislative testimony is a lack of time. You only have three minutes to say your piece and trust me, you are being timed. In many cases, you will get cut off if

you go over, which can be embarrassing. I thought that it would be helpful to share with you “Tips for Delivering Effective Testimony” that I recommend to our clients to help them organize their thoughts, while at the same time making sure that your words are heard.

1. Begin with a thank you for the opportunity (give eye contact and smile) 2. Use notes, even if you know your material well 3. 3-minute statement, leave time for a 30-second summary

New Report on Black Students: Robert Rader

Executive Director, CABE

School board members and superintendents recognize that Connecticut has a serious achievement gap when it comes to the education of African-American students. This has been obvious for many years, if not decades.

Recently, Connecticut Voices for Children published a well-researched report, The Black-White Education Gap in Connecticut: Indicators of Inequality in Access and Outcomes, written by Voices’ Associate Policy Fellow Camara Stokes Hudson. The report not only provides data on this gap, but, while acknowledging some progress, show that we have much more to do.

CABE certainly does not agree with all of the policy proposals. However, it is important that our members consider what can be done to strengthen outcomes for our Black students.

The statistics cited are devastating, indicating that despite the State and local communities’ efforts, Black children are, overall, still far behind their white peers.

As you read this, keep in mind that Black students “represent 13 percent of the student population.”

The Statistics

Space limits the presentation of the whole report. Here are some highlights: In the 2015-2016 school year, Black teachers made up only slightly more than 3 percent of all teachers in Connecticut’s public school system. Having a “samerace” teacher leads to gains in learning.

African-American children are “chronically absent at a rate two times higher than their White peers, missing significantly more educational time.”

“Of all students enrolled in Gifted and Talented programs in the 2013-14 school year (the last year for which this data was available), 68 percent were White as compared with only 7 percent who were Black.

This may reflect…the low Black teacher/ student ratio, considering that Black students are three times more likely to be

identified as gifted by a Black teacher, as compared to a White teacher.”

“Black students are similarly underrepresented in Honors and Advanced Placement (AP) classes. Black students are underrepresented by 60 percent in AP classes and 36 percent in advanced mathematics classes.”

“While suspension rates have decreased for all students in the past five years… Black students are still four times more likely to be suspended than their White counterparts…” Research disputes the claim that Black students act out more than any other group of students, “but [they] are more likely to be punished for less serious or more subjective reasons.”

“In Connecticut, the rates at which Black students are suspended and expelled exceed the proportion of Black students enrolled in the public school system.”

“These experiences – the lack of Black teachers, chronic absenteeism, low levels of access to challenging coursework, and high rates of punitive discipline… as measured by academic achievement test scores overshadows the shrinking disparities in graduation rates, with only minimal improvements over the past five years.”

Standardized test scores indicate that “Black students are struggling within Connecticut’s schools. On the 2016-2017 Smarter Balanced exam, 43 percent of Black students did not meet the achieve-

4. Maintain eye contact. It’s a conversation. Address the chair, but look at others as well 5. Try to speak to the committee and not read 6. Pay close attention to your facial expressions and your posture 7. If your testimony is being televised, turn up your energy as that will help your message stand out from the others 8. Avoid appearing defensive or argumentative and maintain your composure

9. Answer factual questions with factual answers 10. Stand your ground when necessary.

Have faith in the integrity of your testimony.

In the end, your goal when testifying before a legislative committee or any audience is to leave the impression that your words added value, you weren’t just going through the motions, and that you provoked thought.

Written testimony should also be entered into the record, due to the fact that if folks aren’t there, they will have the opportunity to have your comments in writing.

We Must Do More!

ment standards for English Language Arts and 52 percent did not meet the achievement standards for Math…

Black students in Connecticut are scoring well below their white peers, the national average, and the standards of area colleges on the SAT.”

Recommendations

The report recommended the following action: • I ncrease the number of Black teachers and expand support for minority teachers.” While the paper acknowledges the “ongoing work of SDE’s Talent Development Office and the Minority Teacher Recruitment Policy Oversight Council to increase the number of minority teachers in the state… Given the positive correlation between having a Black teacher and the success of Black students, the hiring, training, and support of teachers of color should be a priority. Unfortunately, the 2018 budget cuts the Talent Development Office by 89 percent, putting progress on this important issue in jeopardy.

•E xpand local cross-agency data sharing to identify chronically absent students or students who are at risk for becoming chronically absent: Oftentimes, young people experiencing academic, health, or social challenges miss school and require support (such as tutoring, behavioral health

assessments, or housing supports)…

Robust datasharing programs can help identify students who have complex needs or display troubling patterns in their academic behaviors and performance while still protecting student privacy.

• Require anti-bias/anti-racism trainings for all school personnel, especially teachers and administrators. “Implicit biases influence which students are disciplined by teachers and administrators and the methods of discipline chosen for those offenses. These biases contribute to the high rates of suspension and expulsion for Black students.”

• Expand access to data on discipline including: detailed suspension and expulsion data (including offenses) disaggregated by race and gender: Nevertheless, comprehensive, clear and restorative disciplinary policies are necessary to ensure that discipline is meted out in an equitable way…The most effective solutions are grounded in facts, and the current lack of available data hinders that process.

• Ensure that schools have ample funding and support to offer a full range of courses and programs. “Existing funding disparities in the state have resulted in inadequate resources for urban schools, which disproportionately serve Black and Latino youth. Lower funding results in reduced offerings of higher-level courses and Gifted and Talented programs, and accounts for some of the racial disparities in access to rigorous coursework.

“Contrary to arguments that racial/ ethnic educational inequalities result from low levels of student effort and inadequate family involvement, research has shown that disparities in achievement reflect disparities in opportunity. The high levels of educational inequality in Connecticut… perpetuate dramatically different outcomes for Black and White people in the state.

Above all, these educational disparities impede the ability of Black students, and by extension the communities that they come from, to reach their full potential.”

See BLACK STUDENTS page 12

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

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

The Policy Corner Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

Update Graduation Requirement Policy In 2017, the General Assembly passed Public Act 17-42, “An Act Concerning Revisions to the High School Graduation Requirements,” which was signed into law

by Governor Malloy. This Act amended C.G.S. 10-221a and extended the current graduation requirements, which require that students earn at least 20 credits to graduate, for another two school years, through the 2018-2019 school year.

Therefore, heightened graduation requirements that will require students to earn 25 credits take effect with the freshman class beginning in the 201920 school year, instead of in the 2017-18 school year as previously mandated by law.

The new legislation also made changes to the heightened requirements established in previous law and allows graduation requirements to be met through successful demonstration of subject matter content mastery achieved through educational experiences and opportunities that provide flexible and multiple pathways to learning.

The Act also does the following: 1. Postpones by two years the beginning of required remedial services for grades seven through 12 (instead beginning with classes graduating high school in 2023), 2. Specifies that high school courses must meet statewide subject matter standards to fulfill graduation requirements and allows mastery-based courses to satisfy these requirements; and 3. Requires the State Board of Education to adopt statewide subject matter content standards that are reviewed and revised at least every 10 years.

Heightened Graduation Requirements with New Flexibility The new legislation made several changes to the heightened graduation requirements previously established in law. The minimum credits required for graduation in the areas of science, technology and engineering has been increased from eight credits to nine credits. The number of credits in the area of career and

BLACK STUDENTS

(continued from page 10)

CABE’s Take

Again, CABE does not agree with all of these recommendations. For example, we would not call for a training mandate. However, you may believe that such training would be helpful in your district and could be a part of your professional development program.

We would agree, however, on the

life skills has been reduced from threeand-a-half to one. Also decreased is the minimum world language requirement which has been reduced from two credits to one. The legislation added a one-credit, mastery-based diploma assessment, rather than a senior demonstration project and removed end-of-year exams for certain math, history, science, and English courses. These changes to what had previously been placed into law as heightened graduation requirements take place starting with the freshmen class of 2019-2020.

It is important to remember that previous legislation codified as C.G.S. 10221a, heightened graduation requirements, originally scheduled to take effect with the freshman class entering high school during the current 2017-2018 school year.

The heightened requirements, based on P.A. 17-42, now will take place two years later. In addition to the two year postponement for the new number of required credits, the delineation of the credits has changed, providing significant more flexibility for local boards of education in how the twenty-five credits are to be earned.

The previous law indicated that at least nine credits were required in the humanities. These nine credits included at least four in English, including composition; at least three in social studies, including one in American history and at least one-half credit in civics and American government; at least one credit in fine arts; and at least one credit in an elective.

The new law simply specifies that in the humanities nine credits, including civics and the arts are required. The local district specifies the courses and number of credits respectively in each.

In the area of science, technology, engineering, and mathematics the previous legislation required at least eight credits, including at least four credits in mathematics, including algebra I, geometry, and algebra II or probability and statistics; at least three credits in science, including at least one credit in life science and one in physical science; and at least one credit in a science, technology, engineering, and importance of, for instance, the need to ensure there are more educators of color in our school systems. We have been firm supporters of minority teacher recruitment efforts.

We must continue this struggle, with even more intensity to help our Black students. They deserve no less.

The full report is available at http://www.ctvoices.org/publications/ black-white-education-gap-connecticut-indicators-inequality-access-and-outcomes.

mathematics elective. The new legislation simply states that nine credits in science, technology, engineering, and mathematics are required. The local board determines the distribution of the credits.

In the area of career and life skills the previous legislation specified at least three-and-a-half credits, including at least one credit in physical education; and at least two credits in career and life skills electives, such as career and technical education, personal finance, and public speaking. This has been changed to one credit in Physical education and wellness and one credit in health and safety education.

The requirement for world languages has been reduced from at least two credits to one credit. Further, the senior demonstration project worth one credit has been changed to one credit in a mastery-based diploma assessment.

In addition to the flexibility given to boards of education to determine the breakout of required courses for which credit must be earned for graduation, additional flexibility is provided in the area of subject matter content mastery. Under the Act, students may fulfill high school graduation requirements through success-

ful demonstration of subject matter content mastery achieved through educational experiences and opportunities that provide flexible and multiple pathways to learning.

These pathways include cross-curricular graduation requirements, career and technical education, virtual learning, work-based learning, service learning, dual enrollment and early college, courses taken in middle school, internships, and student-designed independent studies.

The new legislation specifies that a local or regional board of education determines whether to grant academic credit for demonstration of mastery through these pathways and demonstration of mastery must be in accordance with statewide subject matter content standards.

Policy #6146 “Graduation Requirements” pertains to this issue. Samples have been revised to comply with the new legislation and are available upon request from CABE’s Policy Service. This is a recommended policy for inclusion in the district’s policy manual. In addition, several policies are also available pertaining to earning credits in a mastery-based instructional program.

Show Off Your Students!

The CABE/CAPSS Convention Committee wants to showcase your students at the 2018 CABE/CAPSS Convention!

The Committee is looking for a variety of diverse and talented student performing groups to kick off the morning General Sessions on Friday and Saturday! Consider entering a vocal or instrumental group or a theater group to perform an excerpt of a school production. The Committee is also looking for additional talented and diverse students to display their talents on the Friday of the Convention. Think about entering artists, science students, robotics teams, etc.

To have your students considered you must complete the entry form which was mailed to board chairs and superintendents and can also be found online at https://www. cabe.org/uploaded/Convention/2018/Showcase_your_Talented_Students_flyer_2018.pdf Be certain to include a portfolio or video of student work. The deadline for entries is May 18, 2018. For more information contact Lisa Steimer at 860-571-7446 or lsteimer@cabe.org.

Deep Savings with Correctional Enterprises of Connecticut (CEC) CREC is excited to partner with CEC to offer deep discounts on all products made in their shops. Now, schools throughout Connecticut can save on furniture for education and office, printing and banners, and indoor & outdoor signage.

CEC’s programs offer inmates growth opportunities and skills development in a vocational-education environment, simulating commerce within institutional walls.

Visit the MarketPlace to access the CEC order form, or call to find out more.

Visit crec.org/coop to become a MarketPlace member.

Contact: Cara Hart at 860-524-4021 or chart@crec.org.

The Journal – Connecticut Association of Boards of Education | March 2018 DIVERSITY

(continued from page 1) According to resources provided at the workshop, for students of color, the benefits are: • Learning gains, especially when the students are taught by a “same-race” teacher. According to a 2011 study, “Teachers of color do more than just teach content. They dispel myths of racial inferiority and incompetence…

Moreover, diversity among teachers increases teachers’ and students’ knowledge and understanding of different cultural groups.”

• Access to “cultural brokers”. These are individuals who bridge, link, or mediate “between groups or persons of different cultural backgrounds for the purpose of reducing conflict or producing change”. Where there are few teachers of color among a high population of students of color, there may be a greater likelihood of unrest leading to disciplinary actions, often disproportionately aimed at students of color.

• Reduction of disparity. Having teachers of color has been shown to reduce the disparity between students of color and White students in special education placement, suspension and expulsion, and placement in gifted or enrichment classes.

• A positive role model effect. One study found that the high school dropout rate diminishes by 29 percent for students who have at least one Black teacher in third through fifth grade.

In Connecticut, the gap between students of color and teachers of color has widened over time.

Perhaps these four bullets are enough to convince people of the importance of hiring educators of color, especially in districts with high numbers of students of color. However, there are also benefits for ALL students when the percentages of teachers of color are increased. While much of the following is from studies of integration at institutions of higher learning, there is no reason to think the points would be any less true in K-12 schools. There are: • Increased academic gains. Research has found that students in more racially and ethnically diverse student bodies may be exposed to a wider array of experiences. This is associated with smaller test score gaps between students of different racial backgrounds, not because white student achievement declined, but because black and/or Hispanic student achievement increased.

Studies have shown that the racial achievement gap in K–12 education closed faster during the peak years of school desegregation than they have during more recent times when many desegregation policies were dismantled and replaced by accountability policies.

Learning cooperatively alongside those whose perspectives and backgrounds are different from their own, is beneficial to all students, including middle-class white students, because they promote creativity, motivation, deeper learning, critical thinking, and problemsolving skills.

• S trengthened democratic values.

Students’ experiences in diverse classrooms can provide the kind of cross-cultural dialogue that prepares them for citizenship in a multifaceted society and in the world which they will enter. Students develop improved

13 civic attitudes toward democratic participation, civic behaviors such as participating in community activities, and intentions to participate in civic activities resulting from different learning experiences.

• Stereotypes are broken down and unconscious or implicit bias is countered.

White students in particular benefit from racially and ethnically diverse learning environments because the presence of students of color stimulates an increase in the complexity with which students—especially white students—approach a given issue.

• Myths of inferiority are dispelled.

Racially diverse educational settings are effective in reducing prejudice, by promoting greater contact between students of different races—both informally and in classroom settings— and by encouraging relationships and friendships across group lines.

CABE’s Diversity Committee, chaired

by Donald Harris and staffed by Mary Broderick, is charged with encouraging “boards of education, school and district leaders, as well as State Government to continue to consider the importance of diversity and multiculturalism in public education.”

I want to thank SDE’s Kim Wachtelhausen Education Consultant, Bureau of Educator Effectiveness, Talent Office, for her help on this article. Besides much taken from the Century Foundation publication, much more information on the benefits of a diverse student body can be found at: https://tcf.org/content/report/how-racially-diverse-schools-and-classrooms-can-benefit-all-students/.

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

CABE: Working for YOU

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

B y providing opportunities for members to learn how to better govern their districts: z Presented Bonnie B. Carney Awards of Excellence for Educational Communications to the Glastonbury Board of Education. z Attended CAS-CABE Workshop on Transgender Students’ Rights and Social Media. z Provided Roles and Responsibilities workshop for the Suffield, Oxford, Stonington, Pomfret, Winchester and Preston Boards of Education. z Provided training on effective meetings, roles and responsibilities for Region #1, (Region #1 and Canaan, Cornwall, North Canaan, Kent, Salisbury, Sharon). z Responded to 62 requests for policy information were provided to 33 districts, one out-of-state school boards association and the State Department of Education on 49 topics. Further, districts continue to access CABE’s online Core Policy Reference Manual and/or online manuals posted by CABE for policy samples.

The topics of greatest interest included nondiscrimination, FMLA, homeless students, attendance and truancy issues, service animals, and social media use.

Legal Department and Labor Relations Department Inquiries, included:

• Legal reasons why board of education members must follow the same process to visit schools as members of the community.

• Board participation in hiring of principals.

• Composition and roles of School Building Committees.

• State Construction Grant reimbursement processes.

• Analysis of the State Board of Education Guidelines for expelled students.

• Legal considerations for term limits.

• Can the board access incident reports regarding students and staff?

• Should Board meeting materials be included in minutes?

• How many Connecticut boards of education have term limits?

B y helping school boards to increase student achievement:

z Met with the Sterling School Governance Council, EASTCONN, and the Sterling Superintendent. z Provided session on board goals for the Region #1 Board of Education. z Hosted first Convention Committee meeting for 2018. z Participated in meeting with staff from CT ADL, CAPSS and CAS to discuss collaborating on a workshop about responding to hate crimes. z Planned and implemented successful Hot Topic: School Start Times workshop. z Sent two issues of “Policy Highlights” via e-mail listserve covering topics that affect student achievement. This included homeschooling issues and alternative education standards for expelled students.

B y promoting public education: z Met with potential CABE Business Affiliate. z Participated in the CAPSS meeting of retired superintendents regarding committee charge and purpose and the CCJEF court decision. z Participated in the CAPSS Board of Directors meeting. z Participated in the CAS Seminar pertaining to current hot legal topics.

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

z Prepared materials as part of the Custom Policy Service for Ansonia, Milford, Norwalk, and Region No. 14 Boards of Education. z Presented webinar regarding the Connecticut Supreme Court Decision in CCJEF v. Rell.

B y providing services to meet member needs:

z Hosted CABE Diversity Committee meeting. z Hosted webinar on cyber-security. z Prepared materials as part of the Custom Update Service for East Windsor, North Stonington, Sterling, and Windham Boards of Education. z Currently in the process of doing an audit of the policy manual of the Region No. 1 Public Schools and the Salisbury Public School. z Met with the Windsor Board of

Education to discuss legislative issues. z Provided webinar in conjunction with the Connecticut State Department of Education in professional development mandates. z Responded to 59 requests for information from 38 member districts. z Facilitated board session setting budget priorities with significantly reduced resources for the Griswold Board of Education. z Presented on school construction project guidance for school boards and building committees for the Coventry Board of Education.

B y helping districts operate efficiently and conserve resources:

z Provided sample policy materials and critique of district policy work. z Conducted review and issued recommendations for clarifying contract language in contracts subject the Student Data Privacy Act.

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

z Participated in meeting of Connecticut Voices for Children’s Steering Committee on College and Career-Readiness. CABE is a Steering Committee Member. z Represented CABE at retirement dinner of Superintendent David Erwin (Berlin).

David has already started a new job as part-time superintendent in Sprague. z Represented CABE at NSBA’s Equity Symposium. z Participated in NSBA Federal Advocacy Institute. z Participated in NSBA Executive Directors’ Winter Institute. z Lobbied our Connecticut Congressional Delegation. z Hosted informal meeting of Regional Educational Laboratory (REL) Northeast & Islands on the work of the LAB and how it can further strengthen CT public education. z Attended meeting of the CAPSS Technology Committee. z Participated in meeting of the CAPSS International Education Committee. z Participated in Legislative Breakfasts in Areas 5 and 2. z Continue to meet with Legislators and Governor’s staff about CABE’s legislative priorities.

z Attended CAS Board of Directors meeting. z Participated in panel discussion on advocacy for the New England Secondary School Consortium. z Met with New Haven Register and Norwich Bulletin Editorial Boards. z Attended State Board of Education meeting.

Upcoming Advocacy Opportunity March 7, 2018 CABE Day on the Hill 8:30 a.m.

The Bushnell, Hartford

Upcoming Professional Development Opportunity April 7-9, 2018 NSBA Annual Conference San Antonio, Texas

Consultant: MARY BRODERICK, ED.D SENIOR CONSULTANT For an update or more information on vacancies go to our website: www.cabe.org/ page.cfm?p=1176 For more information contact, CABE Search Services, P.O. Box 290252, Wethersfield, CT 06129-0252 860-539-7594 Equal Opportunity Employer

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

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