CABE Journal - May 2018

B C

www.cabe.org

Vol. 22, No. 5

May, 2018

What Should a District Do When There’s a Hate Incident?

We Can Disrupt the Effects of Poverty in Our Schools Robert Rader

Robert Rader

Executive Director, CABE

Executive Director, CABE

See CABE LEADERS page 7

See POVERTY page 13

Patrice McCarthy

Deputy Director and General Counsel, CABE

At the recent Annual Conference of the National School Boards Association (NSBA), representatives of CABE played many key roles.

At the convening of the NSBA Delegate Assembly, where the Beliefs, Policies and Resolutions of the Association are adopted annually, CABE was represented by President Bob Mitchell, First Vice President Donald Harris, Vice President for Government Relations Liz Brown and Vice President for Professional Development Chris Wilson. The Delegates overwhelmingly adopted CABE’s resolution on Civility,

Connecticut Association of Boards of Education Inc.

See INCIDENT page 4

which calls upon public officials at all levels of government to model civil discourse, and for school boards to provide opportunities for students to develop their skills in collaborative engagement, conflict resolution, and consensus building. CABE’s resolution on School Safety and Crime Prevention was also readopted.

The resolution calls upon Congress to provide greater and sustained resources for local programs that are critical to school safety, including school resource officers, school counseling, interagency coordination, and mental health services.

Connecticut leaders were also involved in delivering numerous professional development opportunities during the Conference. Ø Bob Rader participated on a panel dealing with school safety and

On March 9th, I had the privilege of attending the Massachusetts Association of School Committees’ (MASC) Second Annual Summit on Poverty. As MASC President Beverly Hugo stated, “the issues of students living in poverty and performing poorly in school are so intertwined, but progress on either issue helps the other.”

The keynote speaker at the Summit was Dr. William Parrett, the Director at the Center for School Improvement and Policy Studies at Boise State University. His topic was “Disrupting Poverty: How High Poverty/High Performing Schools Are Intervening to Help at Risk Students Succeed.”

The most poignant of the many points made by Dr. Parrett was a graph showing how some high poverty schools had large gains on student achievement measures, despite their students experiencing the challenges of growing up poor. He asked, “If these schools could make great progress why can’t every school?”

He pointed out that more students are in poverty than not across the country. [In Connecticut, according to SDE’s Condition of Education 2015-16, Connecticut’s student body “is composed of more low-income students than ever before. The percentage of students eligible for free or reduced-price meals rose to an all-time high of 38 percent”.] Parrett stated that more poverty usually equates to lower

CABE Leaders Have Impact at National Level

81 Wolcott Hill Road Wethersfield, CT 06109-1242

On March 21st, CABE, CAPSS, CAS and the Connecticut Anti-Defamation League (ADL) held a workshop on Responding to Hate Incidents in Schools.

ADL’s Senior Associate Director, Marji Lipshez-Shapiro, started the conference off by stating that the number of anti-Semitic incidents has risen 57 percent in the U.S. in 2017 and that the staff of Connecticut ADL has been busier than ever before responding to anti-Semitic, racist and other bias incidents, primarily in schools.

A major goal of the workshop, Marji explained, “is for educators and Board of Education members to understand their role in making sure every student feels safe at the school.”

She reminded all of us that behind the statistics are real people with real, hurtful stories.

She was followed by ADL’s Michelle Pincince and Takina Pollock, who stated that creating a good environment for dealing with hate issues before they occur helps enormously when there is a crisis.

They also explained that hate crimes are “criminal acts against a person, group or property that was

Student Walkouts, April 20

Education Foundations and District Partnerships

Brave New World for Labor Unions

Board Members: When is it time to quit?

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Periodical Postage PAID Hartford, CT

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

CABE’s Legal and Negotiations Services:

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.

Impacting the Work of Local School Districts Robert Mitchell President, CABE

This month, I will focus on yet another CABE department - the Legal and Negotiations Services.

Legal Service

CABE’s Legal Department is a great asset to the Association. In a world governed by numerous and sometimes confusing laws derived from an assortment of sources, (Federal laws, state laws and judicial rulings, to name a few), it helps to have a source that can help a board of education maneuver through a sometimes tangled mess.

Our team of legal experts serves the membership in a variety of ways.

First and foremost, they keep an eye on any legal matters affecting public education, following legislation, court cases and legal findings. When something that will impact public education happens, staff makes sure our membership finds out about it.

CABE attorneys respond to hundreds of phone calls and e-mails each year, providing individualized legal and research assistance to member boards of education and superintendents on a broad range of topics including: z questions of compliance with

the Connecticut Freedom of Information Act (FOIA) on issues such as properly noticing executive sessions, allowable topics for executive sessions, multi-agency meetings, bargaining committee meetings, teacher evaluations, email communications, special and emergency meetings, and exemptions for records covered by Federal privacy law; z teacher termination due process; z superintendent evaluations; z human resources practices; z Robert’s Rules of parliamentary procedure; z board and superintendent roles and responsibilities; z filling of board vacancies; z records retention; z expulsion proceedings; and z Alternative Education programs.

In addition to responding to requests for legal and operational information, CABE staff: z provides support to School Governance Councils; z facilitates board self-evaluations; z conducts workshops for individual districts, central office administrative staff, and the full membership; z participates in amicus curiae (friend-of-the-court) briefs in

Board of Directors cases of statewide and national significance; z presents at the NSBA Annual Conference and at legal workshops offered by Connecticut School Attorneys Council member firms; and z writes on legal matters of interest for The CABE Journal.

Many times a phone call to CABE attorneys can save you from a much bigger problem down the road.

Negotiations Service

CABE attorneys and staff collect and review contract settlements, interest arbitration and grievance arbitration awards and provide all member districts with analyses of collective bargaining trends and emerging employee relations topics for all school district employees, including superintendents, administrators, teachers, paraprofessionals and custodians. This data is kept up to date in a database to provide timely information which can be indispensable during contract negotiations.

These services are of great value to CABE’s member districts, and yet another reason why I believe it is in every school board’s best interest to be an active member of CABE!

Student Walkouts, April 20 Patrice and Fran were on the air throughout the morning, as TV crews visited schools around the state.

They discussed the guidance CABE and CAPSS had provided to board members and superintendents to help them respond to the walkouts. They identified the following keys to an appropriate response: • Good communication in advance with all stakeholders – students, staff, parents, police and community members, including notification of potential consequences of See WALKOUTS page 14

CABE Deputy Director and General Counsel Patrice McCarthy and CAPSS Executive Director Fran Rabinowitz appeared on FOX61 on March 14 to talk about student walkouts.

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 Bryan 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 | May 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. 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 Zangari Cohn Cuthbertson

EDUCATIONAL AFFILIATES

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

What Do We Want for Our Students?

Robert Rader Executive Director, CABE

As the State continues to examine its difficult fiscal situation, the strengthening of our workforce is important to our attaining a secure financial future.

For example, the Connecticut Commission on Fiscal Stability and Economic Growth’s Final Report stated the following as one of its 10 “key recommendations”: “Undertake a series of growth initiatives, led by the executive branch, with the funding and support from the legislature to (1) develop and retain the workforce Connecticut needs…”

Who can argue with that proposition? Who doesn’t think that we need a strong workforce to sustain us in the years to come? For our fiscal situation to improve, filling jobs in any of our financial sectors will require a creative, well-educated workforce.

Connecticut has long prided itself on having an extremely well-educated labor force. Even now, in spite of the other weaknesses in our economy and education system, our state is ranked number three in the U.S. News Report on Best States for PreK-12 and number one in college readiness, based on ACT and SAT scores. We’re also number 4 in NAEP reading scores for eighth graders in public schools.

While those are our best scores in PreK-12, we don’t shine in other areas.

For example, we are ranked 20th in Math NAEP scores and 36th in preschool quality.

The Alliance

CABE is now working, on behalf of our member school boards, on two different initiatives on workforce quality.

One is the Steering Committee of The Connecticut College and Career Readiness Alliance, which is led by Connecticut Voices for Children and funded by a grant from the Nellie Mae Foundation.

This effort is aimed at building an alliance “of grass tops and grassroots leaders” to build “awareness, understanding, support and demand for the importance of college and career readiness for the future of [Connecticut] and its families.”

This group has just begun to move forward, now that its Steering Committee is intact. It includes CAPSS, CBIA, the Center for School Change, CAS and the Connecticut Council for School Reform.

The Campaign The other is an informal group,

the Campaign for Working Connecticut, which is a “statewide group of experienced Connecticut-based workforce development stakeholders, including employers, educators, training providers, labor, planners and funders.” It focuses on “promoting timely implementation of specific, evidence-based, practical recommendations to alleviate significant workforce skills misalignment challenges confronting many Connecticut employers in key industry sectors…”

The Campaign provided testimony to the Commission on Fiscal Stability.

It called attention to the “Skills Misalignment/Gap,” by which it means that Connecticut employers “frequently cite difficulty finding skilled workers… Yet a review … reveals that although there is a gap in some occupations, there is no critical workforce gap per se… The pool of available workers in Connecticut’s labor force maps closely to the percentages of current job openings requiring lowskills, or middle-skills, or high-skills…”

That would appear to be good news, but, according to the Campaign, “there is a misalignment between workers’ current skills and those employers require for these job openings, resulting in a skills gap.”

One of the major recommendations of the Campaign is to increase apprenticeship opportunities, especially in “key occupations and vital sectors (e.g., manufacturing, healthcare, information technology, insurance and finance, etc.).”

The Campaign also calls for expanding “pre-apprenticeship opportunities into comprehensive and sector-focused high schools (academies) to provide related instruction credit toward apprenticeships and develop cross-occupation foundational skill…Create structures to encourage and support employers to invest in pre/apprenticeships…”

According to the Campaign, “Connecticut needs almost 13,000 apprenticeships, bringing us closer to the number of 15,000 middle-skills job openings. For comparison, 65-70 percent of teenagers in some European countries have received apprenticeship experiences. In the U.S. this percent is 5 per cent.”

Are Academics Being Lost?

I spoke with the Chair of the Connecticut Technical Education and Career System Board Robert Trefry, who serves as a CABE Associate Director, about the technical schools. He reminded me that “even in trade/technical education, academics are still very important. In order for a technically trained individual to keep up with all of the advances

in technology and the application of technology, the individual needs a strong academic foundation. For instance, technical manuals are written at a college reading level. Knowing the fundamentals of the science behind an application in a trade is so important when technology advances and the individual must adapt.”

A “pre-apprenticeship,” providing experience to our students, is a good option for those who might not otherwise be exposed to what the work is like in their chosen area. In addition, pre- or post-high school graduation apprenticeships, are very appropriate for students who may not be interested in or able to go to college, have not made up their minds about their futures or have a real desire to break into a “key” field.

Board members and Superintendents will have to make decisions in these areas in the next few years. They will have to consider where to put their resources. What, for instance, will schools need to do to help their students get these apprenticeships if they want to take this option? At the very least, better understanding of these opportunities by guidance counselors and mentors will be necessary.

We shouldn’t forget the unintended consequences if we put more resources into helping students enter the workforce. For example, would districts’ college enrollment percentage decrease because of the focus on filling our private sector’s needs? What will be the effect on higher education, including community colleges at a time when enrollment is decreasing?

I think our schools have a duty to provide our students with the skills, knowledge and understanding of all of the opportunities before them. While filling businesses’ needs for skilled employees is important to all of us, the best interests of every student must remain the mission of the public schools.

Editor’s Note: The U.S. News report can be found at www.usnews.com/news/ best-states/rankings/education.

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

Education Foundations and District Partnerships Lisa Steimer

Sr. Staff Associate for Professional Development and Communications

While at the NSBA Conference in April, I attended a session, Education Foundations: Best Practices for a Successful Collaborative District/School Board Partnership, presented by the Issaquah (Washington) Education Foundation and school district.

The presenters identified seven best practices that have led to the success of the Foundation and in turn, the

INCIDENT

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motivated by bias toward a protected class.” CT protected classes include (actual, or perceived): Race, religion, ethnicity, disability, sexual orientation, sex, gender identity or expression.

On the other hand, bias incidents are non-criminal, biased conduct or speech directed at an individual or group because of their actual or perceived identities. Hate crimes will likely involve law enforcement, bias incidents will not.

They then set out nine key points for districts to consider when responding to a hate or bias incident, as originally developed by the Southern Poverty Law Center’s Teaching Tolerance project: 1. P ut safety first—assess whether violence has or might occur. Check with the targeted group and seek to understand their perception of their own safety.

2. D enounce the act. Label the act, without stating the perpetrator’s intent, since that’s what the investigation is for. Keep it simple; someone speaking on behalf of the district should state: A. A n unacceptable incident has occurred (be specific about the act or the language) B. A full investigation is under way C. Have a message, for example, “Our school stands for respect and inclusion.”

3. Investigate. Have someone with credibility do the investigation. The district and the investigator should follow the policies and protocols in the State/district. To the extent possible, the district should be transparent. Ensure that there is a method for anonymous reporting.

All evidence should be reviewed.

school district. These best practices are: z Board of Education Policy – Defines relationships. z Memorandum of Understanding and Letter of Partnership – Details the expectations of each of the partners and codifies the partnership. z Regularly Scheduled Leadership Meetings – Discuss strategy, provide input, look ahead. z Annual Work Session with the Board of Education – Mutual goals, priorities, and alignment.

4. I nvolve others — identify groups that may need to know or can be supportive. While there is no exhaustive list, when such an incident occurs, it may be beneficial to speak to ADL, GLSEN, and/or local clergy and provide opportunity for parents and the community to be heard. The investigator as well as the district needs to listen to these individuals.

5. Work with the media: denounce the incident, do not blame the victim, avoid “no comment” statements and indicate what is being done.

Again, be as transparent as possible and express support for those who were targeted.

6. P rovide accurate information and dispel misinformation by using the district’s most effective means of communication and monitor sources of information, especially on social media. Correct misinformation; in case of a hoax, address negative impact anyway.

7. S upport targeted students. Listen to them, provide counselors and make spaces for conversation. Obviously, this must be done on an age-appropriate basis.

8. S eek justice and avoid blame. Don’t make excuses for biased behavior; focus more on education than punishment; and use restorative justice.

Intent matters...

9. P romote healing. Provide counselors, encourage spaces for productive conversation, keep open lines of communication.

Following this interesting and helpful presentation, a panel with CABE’s Patrice McCarthy, CAPSS’ Executive Director Fran Rabinowitz, Middletown Superintendent, Dr. Michael Conner (who spoke about a recent incident), an alum from Fairchild Wheeler School, Bridgeport, Tiana Krause, and Berchem and Moses, PC

z Commitment to Be Good Partners – Requires intention, trust, and mutual respect. z Representation on the Foundation Board – In the case of Issaquah the Superintendent; Board of Education Chair; teachers’ union; parent, teacher, student association; and students are all represented on the foundation board. z Meaningful Support from the District – in-kind support, meeting with building leadership, superintendent’s

endorsement, and participation in donor events are just a few examples.

Take a few minutes to think about the relationship your district has with the education foundation in your community. What is working well? How is your foundation helping to meet the Board’s and District’s goals? Does your foundation’s vision align with the work of your Board of Education?

Our communities are the winners when there is a strong partnership between the education foundation and the school district.

CABE Deputy Director and General Counsel, Patrice McCarthy, spoke as part of a panel at the workshop on Responding to Hate and Bias Incidents presented by CABE, Connecticut ADL, CAPSS and CAS. Also pictured, left to right, are CAPSS Executive Director Fran Rabinowitz; Attorney Michelle Laubin, Berchem Moses PC; Bridgeport Public Schools graduate Tiana Krause; and Superintendent Michael Conner, Middletown. attorney Michelle Laubin spoke about thse incidents.

Ms. Rabinowitz stated that a district needs to develop a culture of helping students if the district is “going to effectively deal with these issues. There is a need to provide more social-emotional learning, which has fallen away as we emphasized academics.” She reminded us that, “if kids are scared, they won’t be able to achieve academically.”

Michelle Laubin stated that the federal Office of Civil Rights has warned districts that when a school fails to address these incidents and there is no training for staff or other resources available for helping students, the school may be seen as “a hostile environment” for one or more groups that are targeted.

Patrice spoke on the civility resolution that CABE delegates unanimously adopted at the 2017 Delegate Assembly. It calls for “public officials

at all levels of government to model civil discourse in their deliberations, allowing for the thoughtful, beneficial productive exchange of ideas and perspectives and urges school boards to provide opportunities for students to develop their skills in conflict resolution and consensus building, and for school board members to model these skills in their own conduct.”

She also reminded attendees not “to let these conversations end… because they are too important for our students.”

A Guide for Administrators, Counselors, and Teachers: Responding to Hate and Bias at School is available for download at https://www.tolerance.org/sites/default/files/2017-07/ Responding%20to%20Hate%20at%20 School%202017.pdf For further resources, see https:// www.adl.org/education-and-resources/ resources-for-educators-parents-families

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

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See You in Court – The Nutmeg Board of Education

It’s Baseball Season! Nutmeg Municipality vs. Nutmeg Board of Education 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.

Bob Bombast, veteran member of the Nutmeg Board of Education, was surprised to see a work team and a backhoe on the grounds of Median Middle School. So surprised in fact that he parked his car and walked over to find out what was going on. The workers explained that they were converting the field next to the school to a baseball diamond, and they sought to reassure Bob that they would be done this month.

Bob was not reassured, because he did not remember hearing about any such plans from Mr. Superintendent.

Bob then checked with Mr. Superintendent, who told Bob that he was unaware of the project and vowed to get to the bottom of this mystery.

It didn’t take him long. When Mr. Superintendent arrived on the site, he found out that the workers were from the Town of Nutmeg, and they explained that they were working at the direction of Mayor Megillah. Mr. Superintendent drove right over to Nutmeg City Hall and interrupted a meeting the Mayor was having with his staff. Mayor Megillah explained that the Parks & Recreation Department had been complaining about lack of space for all their Town leagues, and that the Nutmeg Town Council had voted at its last meeting to install the baseball diamond in question.

Mr. Superintendent was aghast at the presumption of Mayor Megillah and the Town Council. He chided the Mayor for overstepping and demanded that work on the baseball diamond stop immediately until the Nutmeg Board of Education can consider the matter. Mayor Megillah surprised Mr. Superintendent by pushing back hard.

Mayor Megillah explained that the Town owns the property and can do what it wants, and he then abruptly ended the conversation and returned to his staff meeting.

Mr. Superintendent immediately called Bob Bombast, and together they got Mrs. Chairperson on the line to discuss this latest crisis. The three of them quickly worked themselves into a tizzy of indignation, and Mrs. Chairperson agreed to call an emergency meeting of the Nutmeg Board of Education for that very evening.

Surprisingly, all nine members of the Nutmeg Board of Education were available for the meeting, and when Mrs. Chairperson and Mr. Superinten-

dent explained what was happening, the Board members discussed the need for immediate action. Mal Content expressed concern that antagonizing the Town on this point could be a political problem for the Board at budget time.

After talking it through at length, however, all the Board members agreed that the Board had to assert its jurisdiction over the property. The Board voted unanimously to direct Mr. Superintendent to make a formal demand on Mayor Megillah that the Town stop further construction and that the Town restore the area on the school field to its prior condition.

Mr. Superintendent delivered that demand personally to Mayor Megillah the next morning. Mayor Megillah, however, was unfazed by the Board’s action. “You can tell the Board to butt out. This is a Town concern, and we will continue construction of this much-needed baseball diamond, whether you like it or not!”

Mr. Superintendent told the Mayor that he was simply wrong and that the Board is prepared to take legal action if necessary, but Mayor Megillah simply snorted in response with “Then, I guess that we will see you in court!”

What are the chances for the Nutmeg Board of Education in court?

•••••••••••••••••••••••••••••••••• We may hope that this dispute is resolved short of judicial proceedings, but if court intervention is necessary, the Nutmeg Board of Education should prevail.

We start by recognizing that Mayor Megillah is correct in one thing he said. The property in question is indeed owned by the Town of Nutmeg.

But that is only the beginning of the analysis. Conn. Gen. Stat. § 10-240 provides that each town is a school district (except for regional school districts, which are composed of two or more towns), and further specifies that the schools are under the control of the board of education: “Each town shall through its board of education maintain the control of all the public schools within its limits and for this purpose shall be a school district.”

The statutes clarify that maintaining “control of all the public schools” within the school district involves more than the school buildings themselves. Conn. Gen. Stat. § 10-220(a) provides in relevant part: “Each local or regional board of education shall have the care, maintenance and operation of buildings, lands, apparatus and other property used for school purposes . . . .” (Emphasis added).

On rare occasion, towns and their boards of education dispute whether specific property is dedicated to use for school property. In such cases, it is necessary to review the original municipal action taken to grant the board

of education control over the property.

There won’t be an entry in the land records, because ownership remains in the municipality. However, the town record of handing property over the board of Education should describe what property was dedicated at that time to school use.

Conn. Gen. Stat. § 10-239 further clarifies that the board of education has control of all school grounds, not just school buildings: “Any local or regional board of education may provide for the use of any room, hall, schoolhouse, school grounds or other school facility within its jurisdiction for nonprofit educational or community purposes whether or not school is in session.”

(Emphasis added).

This statute is the basis for the Nutmeg Parks & Rec Department to use school playing fields for community purposes. Significantly, however, Parks & Rec (and any other municipal or community group) may use property dedicated to use for school purposes only with the permission of the Board of Education. Here, the Town of Nutmeg clearly overstepped when it decided to change the use of a portion of school property to a baseball diamond. One can hope that reviewing

the statutory authority of boards of education with Mayor Megillah will convince him of the error of his ways (at least in this respect), but if not, the Board of Education will likely prevail in court.

Finally, the Board’s decision to hold an “emergency meeting” raises a question under the Freedom of Information Act. An emergency meeting is any special meeting that is not preceded by proper notice at least twenty-four hours before the meeting.

Such meetings are permissible, but only in a true emergency, which the Commission has defined as “an unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action.” Given the ongoing and unauthorized work, this situation may have qualified as an emergency. As a legal matter, the Board was required to explain the need for emergency action in the minutes of the meeting. As a practical matter, it would also have been helpful for the Board to alert the regular members of the press to the meeting to avoid a claim that the Board was being secretive in holding the emergency meeting.

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 | May 2018

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

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REPRESENTING CT AT THE NSBA CONFERENCE

Representing CABE at the NSBA Delegate Assembly were (l. to r.) CABE President Bob Mitchell (Montville), CABE VP for Government Relations Liz Brown (Waterbury), CABE First VP Donald Harris (Bloomfield), NSBA Director Lydia Tedone (Simsbury), CABE Executive Director Bob Rader, and CABE Deputy Director and General Counsel Patrice McCarthy.

VP for Government Relations Liz Brown (Waterbury) speaks at a NSBA Delegate Assembly breakout.

CABE President Bob Mitchell (Montville) speaks on school safety before the NSBA Delegate Assembly.

Greenwich Superintendent, Jill Gildea, presented “What's New? What's Next? In 2035, Education Will Look Like This” at the NSBA conference.

CABE Executive Director Bob Rader, Deputy Director and General Counsel Patrice McCarthy and Sr. Staff Attorney Rebecca Adams present “10 Best Practices to Avoid Liability” at the NSBA conference.

Mary Broderick (NSBA and CABE Past President) and Jack Reynolds (retired superintendent) presented “Extraordinary Governance in a Democratic Environment: NSBA 2018 ‘Be Extraordinary’ ” at the NSBA conference.

Attorney Gary Brochu (Shipman & Goodwin) presented “The Purposeful Board: Bringing Board Governance to a Higher Level” at the NSBA conference.

CABE Deputy Director and General Counsel Patrice McCarthy and Attorney Floyd Dugas of Berchem Moses PC discussing school safety at the Council of School Attorneys (COSA) conference.

CABE LEADERS

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security during the State Association Executive Director’s meeting. w Patrice McCarthy and Floyd Dugas participated on a panel on school safety, security and walkouts during the Council of School Attorneys Seminar. w Bob, Patrice and Rebecca Adams presented a workshop on “Ten Practices to Avoid Legal Liability”. w Mary Broderick (Past President of CABE and NSBA) and Jack Reynolds (retired Connecticut superintendent) presented a workshop on Extraordinary Governance in a

Democratic Environment. w Lisa Steimer led the Annual Meeting of Convention Managers from State Associations across the country. w Greenwich Superintendent Jill Gildea presented a workshop on What’s New? What’s Next? In 2035, Education Will Look Like This. w Gary Brochu (Shipman & Goodwin) presented a workshop on The Purposeful Board: Bringing Board Governance to a Higher Level. w Lydia Tedone, Past President of CABE and a member of the Simsbury Board of Education, continued her service on the NSBA Board of Directors representing the Northeast Region.

The State Association Presidents, including CABE President Bob Mitchell (Montville), greet the NSBA Conference participants.

CABE/CAPSS CONVENTION:

It’s Almost Early Registration Time!

Lisa Steimer

Sr. Staff Associate for Professional Development and Communications

The CABE/CAPSS Convention Committee met in late March to select the workshops to be delivered at the November 16-17 Convention. This meeting is difficult and energizing at the same time. The Committee is charged with making the difficult decisions about what will be offered, and yet it is exciting to see

the Convention begin to come together.

The Committee will be selecting the student performers and displays in June.

We will announce the selections when they are made.

To keep up with the latest Convention developments, be sure to check https://www.cabe.org/page.cfm?p=1145 regularly.

Early registration materials will be sent in late May, so watch your mail!

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

Janus v. AFSCME, Co. #31

A Brave New World for Connecticut’s Public-Sector Labor Unions?

Zachary D. Schurin, Esq. Pullman and Comley

On February 26, 2018, the United States Supreme Court heard oral argument in a case captioned Janus v. American Federation of State, County and Municipal Employees (“AFSCME”). The Janus case is, in the words of The Washington Post, “[t]he most important labor case of the 21st century.” At issue is the future of so-called “agency fee” or “agency shop” arrangements for public-sector labor unions – the law that allows unions to charge objecting bargaining-unit members collective bargaining fees even if they refuse to become members of the union.

So what is Janus all about?

Well, while the case is correctly described as a labor law case, it actually is also a First Amendment case. The plaintiff, Mark Janus, claims he is being compelled against his will to fund union activities that he objects to on First Amendment grounds, while AFSCME argues that agency shop provisions are the well-established law of the land and that the Supreme Court should not overturn

its own precedent.

By way of background, Mr. Janus, is employed as a child-care support specialist by the State of Illinois’ Department of Healthcare and Family Services. He is a member of a 35,000-person state-employee bargaining-unit represented

by AFSCME. Under Illinois’ law, Janus and his fellow bargaining-unit members are required to either become members of AFSCME #31 and pay union dues, or pay an alternative “agency” or “fair share” fee that is the equivalent of each bargaining-unit members’ proportionate share of the cost of representing them in collective bargaining, contract administration and grievance adjustment services. Even though Mr. Janus refuses to become a member of the union, is he still required to pay $45 a month to AFSCME as an agency fee?

Mr. Janus’ argument before the Supreme Court is essentially that collective bargaining with a government employer is a form of political speech that is no different than any other political speech.

For instance, during the last round of negotiations with the State of

CABE Sr. Staff Associate for Field Services Nick Caruso and Harry Heiligenthal (Iowa Association of School Boards) provide Train the Trainers professional development for the Alabama Association of School Boards and the Michigan Association of School Boards in Montgomery, AL in late March, 2018.

Illinois AFSCME objected to merit pay proposals from the State even though some of its bargaining-unit members had a different view.

AFSCME’s counter-argument emphasizes the fact that public-sector employees routinely give up some measure of their First Amendment rights because of their employment. As Supreme Court Justice Oliver Wendell Holmes once said, a public employee “may have a constitutional right to talk politics, but he has no constitutional right to be a policeman.”

ASFCME also argues that the “agency fee” or “agency shop” concept is established Supreme Court precedent that should not be easily overturned. In 1977, in a case captioned Abood v. Detroit Board of Education, 431 U.S. 209 (1977), the U.S. Supreme Court ruled that agency shop provisions that mandate that public-sector employees pay a fee for their proportionate share of union collective bargaining, contract administration and grievance adjustment costs are constitutional so long as objecting employees are not required to pay for a union’s political activities (i.e., lobbying the legislature, campaign contributions, etc.). In this respect, the Supreme Court’s decision in Abood tried to strike a balance between the First Amendment rights of government employees, and the countervailing interests of public-sector unions that would be faced with a “free rider” problem if objecting employees could opt-out of the union but still get the collective bargaining benefits — such as higher wages, better insurance, and better working conditions — that the union would be required to negotiate on behalf of all members of the bargaining-unit.

Illinois, Connecticut and twenty other states have state laws that either directly mandate agency shop provisions or allow such provisions – sometimes called “union security clauses” -- in collective

bargaining agreements. The rest of the states are so-called “rightto-work” states in which workers cannot be forced to join a union or pay an agency fee as a condition of employment. Right-to-work states, which are generally in the South and Midwest, tend to have much weaker unions.

A New Post-Janus World?

So why does the Janus case matter for Connecticut boards of education? Well, the simple answer is that the Supreme Court’s decision in Janus could have enormous ripple effects for the unions that Connecticut boards of education interact with every day.

If, as many legal scholars predict, the Supreme Court overturns Abood and makes the agency shop arrangement unconstitutional, Connecticut’s unions will have to contend with potentially huge losses in funding. Employees who would rather save money on dues then support their union will be able to simply opt-out of dues.

Will large numbers of employees take this step? If so, what does that mean for the unions that rely on dues to operate?

During the last session of the General Assembly, legislation was proposed that would have required boards of education, municipalities and other public agency employers to negotiate “lump sum” service fee payments with unions instead of deducting dues and service fees from individual bargaining-unit members’ paychecks. The legislation did not pass, but it would not be surprising to see the same concept or another attempted legislative fix come before the General Assembly during this session. The Supreme Court’s decision in Janus is expected in late June or early July, so the Legislature’s time to pass such legislation may be running out before the Supreme Court ushers in a major change to agency fees.

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

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

The Media Message

by Ann Baldwin, Baldwin Media Marketing, LLC

Suggestions on Holding a Successful Public Forum As I continue to work with school boards and administrators in Connecticut school districts, the word I most frequently hear is “transparency.” Everyone wants open communication, especially when it comes to negative issues impacting a district. If the issue has to do with a specific employee or student, there are federal or state laws protecting privacy rights and information cannot always be disclosed.

However, parents and students may want to be heard on other issues.

This is when you might consider a public forum. Many districts, for instance, held public forums on the Connecticut (or Common) Core, to help both educate the public and to gauge its opinion.

There are many different formats for a successful event. The format depends, in part, on whether your goal is to educate or motivate. If your goal is to educate, a panel discussion is an engaging way to provide information. However, if this is the format you choose, it is important to include time for audience comments and questions in your agenda.

If your agenda is to motivate, you must be sure you have the right people, not only presenting the information, but also make sure the moderator prevents the forum from turning into nothing more than a gripe session from a vocal minority.

The moderator’s role is to be an impartial participant who ensures the conversation stays on track and

that everyone has an opportunity to be heard. The moderator will field questions and call upon the most appropriate person in the room to respond. It is wise to have a microphone available to ensure questions and answers are heard by all.

You need to make sure your audience is balanced. This is not only important for productivity and a positive outcome, but also for the reaction and feedback that make their way into local and social media, where these topics can take on a life of their own.

The other consideration, when holding a public forum, is to make sure the space is appropriate. It is better to have extra room than not

enough.

And finally, consider having some sort of handout available to explain the facts and details on the topic discussed. Participants may then share the information with those unable to attend the forum.

The more information you share, in the interest of “transparency,” the better.

Often, board members and administrators leave these forums feeling like they have just been hit by a truck, but the good news is: you did it! You gave your school community members an opportunity to hear the information. If that isn’t transparency, I don’t know what is.

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

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

The Policy Corner Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

Policy and ESSA’s Requirements for Title I Programs The Elementary and Secondary Education Act of 1965 (ESEA), amended by the Every Student Succeeds Act (ESSA), requires district schools, receiving federal ESEA funds, to have a written parent and family engagement policy pertaining to Title I programs.

The policy establishes expectations for parent and family engagement and describes how district schools will address a number of issues.

Issues to be Addressed

ESSA requires parental involvement in the development of the school’s Title I plan. Also to be addressed is the manner in which the school will provide the coordination, technical assistance and other support necessary to implement parental and family involvement and improve student achievement and school performance. As used in this article, “parent” also includes “guardians.”

In addition, the coordination of parent involvement with other parental involvement strategies under other programs must be explained. An annual evaluation of the parent and family engagement policy is required.

Schools must describe how parents will be involved in the school’s activities.

ESSA requires a jointly developed policy involving parents and family members. In addition, the policy must be distributed to parents and family members of children participating in the Title I program, to the extent possible, in a language and uniform format understandable to the parents.

The policy must also be made available to the public and updated, periodically, to meet the changing needs of the school and parents.

Schools must convene an annual meeting of parents of students participating in the Title I program.

The meeting is to be held at a convenient time, to which all parents of participating children are invited and encouraged to attend. The purpose of the meeting is to inform parents of their school’s participation in the Title I program and to provide an explanation of the requirements of parental involvement.

The ESSA’s parental involvement requirement includes the offering of a flexible number of meetings to be held at various times. Title I funds can be used for transportation, childcare, or home visits, as such services relate to parental involvement.

Parents must be involved in an organized, ongoing, and timely way in the planning, review, and improvement of Title I programs, including the parent and family engagement

policy and the required school-parent compact. However, if a school has in place a process for involving parents in the joint planning and design of the school’s programs, the school may use that process if it provides adequate representation of parents of children participating in the Title I program.

of attendance, homework completion and television watching; volunteering in the classroom; and participating, as appropriate, in decisions related to their child’s education and positive use of extra-curricular time.

Third, the compact needs to address the importance of parent-teacher

“ ESSA requires a jointly developed policy involving parents and family members.”

Required Actions

Parents of children in the Title I program must be provided with timely information about programs provided under Title I and a description and explanation of the school’s curriculum, the forms of academic assessment used to measure student progress, and the proficiency levels students are expected to meet.

Also to be provided are opportunities, if requested by parents, for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children with a timely response to any such suggestions provided. An opportunity must also be provided to bring parental comments, if they are dissatisfied with the school’s Title I program, to the district level.

School-Parent Compact

A required component of the school-level parental and family engagement policy, is the development, with Title I parents, of a school-parent compact. This document details how parents, school staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents will develop a partnership to help children achieve the State’s challenging high standards.

The school-parent compact has four major components. First, it describes the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables children in the Title I program to meet the challenging State academic standards.

Next, it indicates the ways in which parents will be responsible for supporting their children’s learning. Such support can include the monitoring

communication on an on-going basis, including parent-teacher conferences, frequent reports to parents, and reasonable access to staff. The fourth requirement is that the compact must ensure regular, two-way meaningful communication between family members and school staff and to the extent practicable, in a language understandable to family members.

Actions to Involve Parents/Guardians

To ensure effective involvement of the parents of children served in Title I programs, schools and districts are required to: 1. Provide assistance to the Title I parents in understanding the State’s challenging academic standards and assessments; monitoring progress; and how to work with educators to improve the achievement of their children; 2. Provide materials and training to help parents work with their children to improve their children’s achievement, such as literacy training and use of technology including education about the harms of copyright privacy; 3. Provide in-service education to staff with parental assistance regarding the value and use of parental contributions and how to communicate with and work with parents as equal partners; 4. Coordinate and integrate, as feasible and appropriate, parent involvement programs and activities with other federal, state and local programs, including public preschool programs and conduct other activities; such as parent resource centers, that encourage and support parents to more fully participate in their children’s education; and 5. Send information related to school

and parent programs, meetings and other activities to parents of Title I children in a format and, to the extent practicable, in a language the parents can understand.

Schools and districts may consider additional approaches to foster parental involvement. Such approaches include the establishment of a district wide parent advisory council, involvement of other community based organizations, and payment for transportation and/or child care expenses from Title I funds to help parents attend training and meetings.

In addition, parents may be involved in planning staff development pertaining to literacy training. Other considerations include training parents/guardians to enhance the involvement of other parents. The district and its schools could also adopt and implement model approaches to improving parental involvements and develop appropriate roles for community-based organizations and businesses in parent involvement activities.

ESSA allows the use of an existing parent involvement policy, required in Connecticut, to be amended to meet the requirements of ESSA’s Title I. However, due to the many specific requirements of the Title I parental involvement policy, CABE recommends the use of a separate policy.

Policy Implications

Policy #6172.4, renamed as “Parent and Family Engagement Policy for Title I Students,” has been revised to comply with ESSA. Samples of the “School-Parent Compact” are available. A template is also available which can be used to assist in the development of the required policy and also a summary of the legislation pertaining to this issue.

Upcoming Professional Development Opportunity May 15 Legislative Wrap-Up

Legislative Office Building

June 12 Collective Bargaining Hartford Sheraton South, Rocky Hill

The Journal – Connecticut Association of Boards of Education | May 2018 POVERTY

(continued from page 1)

student achievement.

Dr. Parrett stated that there are 16 specific practices evidenced in improving schools. These schools:

Foster a Healthy, Safe, and Supportive Learning Environment

1. Eliminate Blame 2. Establish A Safe Environment 3. Develop an Accurate Understanding of Poverty 4. Level The Playing Field 5. Use Structures/Processes that Promote Relationships 6. Engage Parents/Families As Partners

Focus on Learning (Student, Professional, andSystem)

7. Challenge the Pedagogy of Poverty: Develop a Common Instructional Framework 8. Teach Every Student to Read Proficiently 9. Confront & Eliminate Tracking/ Ability Grouping 10. Provide Additional Quality Instructional Time 11. P romote Engagement and Ownership 12. O ffer Job-embedded Professional Learning

Build Leadership Capacity

13. Go Back… Find The Time 14. Use Effective Hiring/Retention Practices 15. Confront & Eliminate Low Expectations

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EFFECTIVE BOARDS…

ACCOMPLISHED BY…

Commit to breaking the link between race, poverty and educational outcomes.

• Developing a customized, district-specific definition of equity-but to “make good on the promise of ‘all means all’ is necessary.

Champion excellence for all students.

Commit to monitoring progress toward closing gaps.

Govern in a fair, respectful, and reasonable manner.

Ensure district and school plans articulate the gap closing results desired in measurable goals.

Own the process to ensure sustainability.

Great districtwide conditions for student and staff success

• Attend to the educational experiences and success of students who are underachieving historically and currently.

• Conducting timely review of range of evidence.

• Challenge the pervasive beliefs about ‘certain kids’.

•C ommitting to a clear and shared purpose as a board.

• Establishing criteria that will constitute success of goals.

• Control agenda through focus.

•G etting focused and stay focused.

•D eveloping, articulating, owning and promoting vision, values and results.

• Adopting a budget that allocates resources according to school and student needs.

• Articulating use of funds to public.

• Stick to vision and mission in contract negotiations.

16. Consider Your Budget A Moral Document He also made the point that, too often, schools don’t know their students well enough and that they should concentrate on asking questions of students, using the data they collect and building better relationships. With children in poverty what is happening outside the school has more of an effect than the school.

By focusing on the needs of kids, rather than those of adults, the students’ sense of belonging by itself can lead to higher student achievement. School leaders need to confront their own “brutal” facts. “Swift,

dramatic improvement requires confronting awkward, unpleasant truths that organizations prefer not to address—or even talk about.”

In a discussion about the fees that districts charge for various activities, he stated that often, poor kids won’t ask for their districts to pick up fees for different activities because they think their friends will find out. Their parents also don’t want to ask because of stigma, so, it is important to be sensitive to these situations.

He believed that this was an obstacle for poor students partaking of some school programs or events.

The Executive Committees of CABE and the Connecticut Council of Municipalities (CCM) met on April 2 to discuss ways they can work together to benefit the memberships of both organizations.

They are too embarrassed to ask.

So, what can school boards do to increase student achievement for students growing up in poverty? Dr. Parrott used the table above, which is consistent with the work we do in our Lighthouse Project.

School Boards Role in Closing Gaps

While the Poverty Symposium was focused on Massachusetts, the lessons provided can be beneficial to Connecticut districts. We know that there are students affected by poverty in every school district in the nation. Let’s make sure we are using all available tools to ensure that ALL of our students succeed.

Dr. Parrott also offered information on: • “Ten Differences Between Small Achievement Gap and Large Achievement Gap Schools”.

The source of this information is Brown, Benkovits, Muttillo, Urban (2011), Leading Schools of Excellence and Equity: Documenting Effective Strategies in Closing Achievement Gaps.

• The Relationship Between School Boards and Student Achievement, from Lorentzen & McCaw, 2015.

Dr. Parrett and Kathleen M. Budge wrote a book entitled, Disrupting Poverty: Five Powerful Classroom Practices. It explains in more detail the ideas he shared at the Summit.

Thanks to the Massachusetts Association of School Committees for inviting me to the Summit.

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The Journal – Connecticut Association of Boards of Education | May 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: y providing opportunities for B members to learn how to better govern their districts: z Conducted CABE’s annual Leadership Institute. z Provided 70 requests for policy information to 35 districts, two RESCs and one non-profit agency on 56 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 school admission and attendance issues, electronic participation at board meetings, service animals, wellness and related nutrition and physical exercise issues, bullying, graduation requirements and website accessibility for the disabled. z Observed meeting of the Ansonia Board of Education. z Provided communications workshop for the Plainfield Board of Education. z Provided roles and responsibilities workshop for the Thompson and Oxford Boards of Education. z Provided a workshop on roles and responsibilities for the Windsor Locks Board of Education. z Provided a workshop about the requirements of the Family Educational Rights Privacy Act for the Oxford Board of Education.

B y helping school boards to increase student achievement:

z Sent three issues of “Policy Highlights” via e-mail listserve covering topics that affect student achievement. This included civility on school property, school calendars, public videotaping of educational activity, teaching about sexual harassment, and standards-based grading.

WALKOUTS

(continued from page 2)

disruptive activity.

• Appreciation for the sincere concerns that underlie the planned walkouts and consideration of ways to give voice to those concerns without disruption of the educational process.

• Acknowledging the value of student achievement on an important issue of public policy and using the opportunity

B y promoting public education:

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

z Served on panel discussion with the Anti-Defamation League (ADL) on Responding to Hate and Bias Incidents. z Prepared materials, as part of the Custom Update Service, for East Hampton, Ellington, New Fairfield and Sterling. z In the process of auditing the policy manual of the Salisbury Public Schools. Agreed to do an audit of the

Preston Public Schools. zE ntered into an agreement to place the manual of The Gilbert School online using CABE’s Connecticut Online Policy Service. zU pdated policies pertaining to Title I as amended by the ESSA. zP rovided goal setting session for the North Stonington Board of Education. zF acilitated public hearing for the Region #11 Board of Education. z S ponsored and attended CABE/ADL/ CAPSS/CAS workshop on combating hate. (See page 1). zM et with East Windsor Superintendent Christine DeBarge on CABE services, programs and activities. zR esponded to 47 requests for information by 24 member districts from board members, superintendents, and central office administrative assistants and secretaries and from independent school, one school governance council, and four law firms. Hot topics included: z Dos and Don’ts for board members and superintendents advocating for the school budget after a referendum has been scheduled. z Contract provisions regarding paid and unpaid leave. z Engaging parents and getting constructive input on issues including security, curriculum, and communications. z For executive sessions, the agenda item and the motion to go in should reference the statute that is basis for the session, a description of the subject (not just “personnel matter”) but not the names of individuals. z Motions to accept contracts do not need to specify the terms of the contract, in part because the contracts are public documents and the public can view them.

z Provided Lighthouse training for Alabama and Michigan School Boards Associations. z Participated in CAPSS International Education Committee meeting. z Led annual meeting of Convention Managers from state association across the country. z Attended New England Secondary School Consortium Conference. z Provided testimony for multiple legislative committees. z Appeared on FOX61 to provide input on student walkouts. z Attended Special Education Funding Task Force meeting. z Provided legislative update to CREC Council. z Participated in meeting with legislators on minority teacher recruitment. z Participated in NSBA State Association Counsel meeting, Council of School Attorneys seminar, and NSBA Annual Conference and Delegate Assembly. z Served on panel discussion on school safety, security and walkouts for COSA Seminar. z Presented workshop on Avoiding Legal Liability at NSBA Conference. z Attended “welcome reception” for new Avon Superintendent Dr. Bridget Heston. z Participated in Governor’s press conference on arming teachers. z Spoke about school safety on Fox61. z Spoke on student achievement at Achieve Hartford/CT Mirror conference. z Hosted CABE/CAPSS Executive Committees meeting on working closer together. z Attended Connecticut Association for the Gifted Forum. z Participated in meeting to discuss the Connecticut Youth Forum. z Hosted CABE/CCM Executive Committees meeting on how we can work closer together. z Spoke on a panel for state association executive directors on school safety at the NSBA conference.

to develop their skills in civil discourse.

• Consideration of the maturity of the students involved. Discussion at the high school level, for example, would likely be very different from discussion that day, if any, at the elementary level.

• Communication to and coordination with staff members (and their bargaining representatives) as to expectations and responsibilities.

• Awareness of and adherence to any applicable Board policies.

• Focus on the safety of students and others as the overarching concern.

• Awareness that any response may set precedent, including a demand for equal treatment of protests concerning other issues, even a counter-protest over Second Amendment rights.

The guidance recognizes that various school communities in Connecticut have different concerns and forces at work. Some viewed the planned protests as a problem to address while others viewed them as an opportunity for promoting political action.

Patrice addressed some of the legal considerations applicable to planned walkouts, including First Amendment principles, both as to the planned protests and as the responses from others who do not share the views of the protesters. She noted that students and teachers have a right of free expression on matters of public concern, including concerns over school safety, but they do not have the right to engage in expressive activities that substantially disrupt or materially interfere with the educational process.

z Organized and participated in the CABE Day on the Hill. z Participated in the CAPSS Board of Directors Meeting. z Participated in a meeting pertaining to technology and digital learning initiatives. z Presented and served as a panelist at the Pullman & Comley School Law Symposium, covering the new state guidelines for expelled students and how districts can best implement them.

B y ensuring members

receive the most up-to-date communications:

z Prepared materials, as part of the Custom Policy Service, for Ansonia, Cromwell, Enfield, New Haven, Thomaston and Woodbridge Boards of Education. z Met with staff from Pullman & Comley regarding the upcoming fifth edition of Understanding CT Freedom of Information book. z Reviewed and sent summary of the new State Department of Education guidelines for Independent Evaluations (IEEs) in special education. z Developed a policy update to reflect federal law and guidance by clarifying that parents have a right to recording special education planning team meetings (PPTs).

B y providing services to meet member needs:

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

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Board Members: When is it time to quit?

Nicholas D. Caruso, Jr.

Sr. Staff Associate for Field Service and Coordinator of Technology

A while back I got a phone call from a person who had read an article of mine in another publication and wanted to ask me a question. He was a long-serving board member in California and was wondering if it was time to retire from the board. His question was “when is it time to quit?”

It was a great question and one that made me stop and think. On one hand, I’ve known board members who were ready to give up after a few weeks of board service, and some who had served over 40 years who were as fresh in the job as the day they started. While most people serve a term or two and pass the baton, there are some who get onto the board only to find out it was very different from their expectations.

Some long-term board members find great satisfaction in the work they do and feel no pressure to retire. They may get involved with CABE or other interests tied in with their board service and get more and more involved in their volunteer life.

If you are thinking about whether or not to call it quits, here are some questions you may want to ask yourself: 1. Is it satisfying?

Serving on a board of education is incredibly important, but scheduling meetings, listening to community feedback, preparing for meetings, dealing with other municipal agencies, attending

meetings, exploring difficult issues and follow-up to meetings consume a lot of your time. If you feel miserable when serving in your board role, maybe you need to think about that.

2. W hat would be your motivation for staying?

Sometimes a board member will want to be there when a project that started under his or her watch comes to fruition.

Perhaps you want to keep going while your children are still in school. Does serving on the board help you reach your personal goals? Do you feel your legacy is not complete?

3. H ave you truly learned the role and are comfortable that you are doing the right work?

I’ve worked with board members who didn’t feel that they were contributing to the board until they better understood how the system works especially how board members affect the district’s outcomes. Think about participating in some board training even if you’ve served for a long time. Of course, there are always new things to learn about in education. Many long-serving board members participate regularly in board professional development and truly believe in “lifelong learning”—both to keep up-to-date and to fulfill their personal desires.

4. Am I an effective board member?

We all want to make a difference. It helps

to challenge yourself a bit – think about your contributions to the team. Do you get along with your colleagues? Do you “lead” by example?

5. Am I achieving anything for the children in my district?

The work of the school district first and foremost is to provide quality instruction for the children in the district. Are you and your board improving the quality of teaching in your district? Do you help your colleagues on the board remain focused on that work?

6. How’s my health?

I’ve seen board members who are under so much pressure that they get physically ill from the challenges of board service.

Constituent (or political) pressure, the time commitment, the struggle to keep moving the district forward when resources are scarce – those issues can literally make you sick. If so, you should consider if it remains worth the toll it is taking on you.

7. Have I successfully balanced my real life with my board life?

Board members have jobs and families and the commitment you make to the board of education is going to affect those things. Your employer may start to resent your need for time off or you might find yourself turning down a promotion because it would interfere with your board service. Those of us who are self-employed may have more flexibility in our schedules,

but in the end, time spent on board service is real money out of our pockets.

Lots of board members willingly make the sacrifice, but, at what cost?

With families there is also sacrifice.

Time away from watching our children grow up, or all the evenings away from our spouses will take a toll on any relationship.

It is important to make sure you keep a good balance between the two. It is important, if you are considering retiring from board service to have a conversation with your family to get their reaction.

8. What happens if I leave the board?

You may not like the answer to this question, but it may be important to consider. We all want to feel indispensable – that things will fall apart if we leave; but the reality is that the day after you leave the board, the sun will still come up and meetings will go on. Maybe things will be different and maybe they won’t be as good for a while, but life will continue.

In the end, only you can decide when it is time, but having conversations with people you trust can help you make up your mind. Maybe your board chair, your superintendent, another board member or your family can best help you work through what might be a very difficult decision.

Whatever you decide, you should be proud to have served in such an important role for your community. I hope you feel satisfied with what you have accomplished when it’s time to move on.

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