CABE Journal - November 2017

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Vol. 21, No. 10

November 2017

The State’s Draft Guidelines for Educating Expelled Students

Connecticut School Population is Shrinking

Rebecca Adams

While many school board members and superintendents know that the State’s student enrollment continues to decrease, the headline in the Connecticut Mirror article by Jacqueline Rabe Thomas states that the school population is shrinking “at faster rate than in 48 states.”

According to the U.S. Department of Education, the expected decline of 14.2 percent would mean “77,600 fewer students will be attending elementary or secondary schools by 2025, and about 2,100 fewer students will be graduating high school each year.” With a 3.7 percent margin of error, only New Hampshire is expected to have a higher proportional drop during the same period of 14.6 percent.

Nationwide, the student population is anticipated to increase by 2.7 percent. In the Northeast, “enrollment is projected to decrease by 4.8 percent.

According to Ms. Thomas, Connecticut has “seen a steady decrease of 36,000 students attending public schools over the last decade — a 6 percent decline. This report [from the Department of Education], shows the declines are accelerating and will continue to encompass all grades.”

CABE has continued to watch both demographics and diversity changes over the last few years. Information on individual districts can be found through the Connecticut Data Center at http://ctsdc. uconn.edu/2015-to-2040-population-projections-state-level/.

Robert Rader

Executive Director, CABE

Sr. Staff Attorney, CABE

Mark J. Sommaruga

Attorney, Pullman & Comley

Historically, Connecticut’s public school districts have been afforded a great deal of discretion in determining the type of education services they provide to expelled students. But with the requirements imposed on districts by legislation passed in 2016 and 2017 and growing pressure from a lawsuit filed against the State claiming public schools are providing little to no education to expelled students, that is about to change.

The Lawsuit

The complaint in Alica B v. Malloy was filed in December of 2015 by the Connecticut Center for Children’s Advocacy.

The suit, which names the Bloomfield, Hartford and Manchester public school districts, the Governor, the State Department of Education (SDE), and the State Board of Education (SBE), as defendants, contends that the State is denying expelled students their constitutionally protected right to an education. Further, it claims See GUIDELINES page 8

High Ranking for Connecticut Teachers Patrice McCarthy

Deputy Director and General Counsel, CABE

A recent survey identified Connecticut as the fourth best state for teachers. The survey was based on 21 factors and identified states with the best opportunities and teaching environments

in the country. The factors included teacher’s income growth potential, pupil teacher ratio, and teacher safety.

Connecticut was ranked second in academic and work environment, eighth in quality of school system, 12th in teacher safety, 10th in average teacher pension, and fourth in public school spending per student. The full report is available at WalletHub. (https://wallethub.com/edu/ best-and-worst-states-for-teachers/7159)

See SHRINKING POPULATION page 2

Are You An Enabler?

Relieving Compliance Burden

Results Show Academic Growth

Board’s Role in Curriculum Decisions

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2

The Journal – Connecticut Association of Boards of Education | November 2017 PRESIDENT COMMENTARY

Coming Together Ann Gruenberg President, CABE

It does not seem possible two years have passed! Much has happened since I was elected CABE President in November, 2015. It is startling, too, how much has NOT happened, how much has stalled. At the time of this writing, the State budget impasse is perhaps the most stunning. It is a painful reminder of the limits of authority of the President of CABE, and/or other positions. It is clear that we need a functional budget that is developed by a group representing non-partisan perspectives.

We need a structure that ensures this outcome. I am compelled to state an obvious observation. Not being the first to share these perspectives, I would give credit if the original author were known. Reducing the achievement gap, while a vital priority, will not be reached by reducing everyone’s resources and opportunities. It will be reached by disseminating resources equitably.

Connecticut has now reached the dubious distinction of being the last state in the nation without a functional budget. It is my hope that when you read this commentary, a budget will be in place. Many people are working hard to reach agreement.

On a positive note, Connecticut’s Every Student Succeeds Act (ESSA) Plan has

SHRINKING POPULATION

(continued from page 1)

Board members and superintendents should realize that changes in individual districts depend on a number of different considerations. For example, will the expected large numbers of Puerto Rican students coming into the State due to the hurricanes, change the enrollment numbers in a significant way? Those who end up staying in Connecticut will not end up

been approved and recognized as a national exemplar, especially through its integration and cohesion. This would be a major accomplishment under any circumstance.

Given the degree to which the State Department of Education is operating with a reduced workforce, it is truly remarkable.

In preparation for the transition of CABE leadership, it is important to work together to maintain equilibrium during changes. Wishing to pass the gavel leaving the system in good shape, it is vital to have a new leadership team prepared to work together, sustaining some ongoing initiatives and starting some new ones. CABE’s commitment to addressing diverse perspectives is being recognized and supported with grant funding from the Graustein and Nellie Mae Foundations. The priorities also align with those of the State Department of Education and the National School Boards Association. A shared focus on equity and excellence keeps us, figuratively-speaking, rowing in the same direction. A trusting and trusted team can be very powerful.

My final thoughts are based on a strong belief that some resolution of the budget impasse can be reached. Visiting schools throughout the state, it is most remarkable that districts are managing and maintaining spirit, in spite of the fiscal impasse. Advocacy is key. Building on positive working relationships makes it possible to attain

residing evenly across the State, so different districts will see dissimilar effects.

Demographic Projections: Not a Perfect Science

In addition, I know of districts which, in the past few years, were projected to lose population, but, due to businesses moving from other states or starting here, led to at least stable and, at times, increases in towns’ populations. People looking for jobs or transferring can have large effects on both the new and former districts.

Of course, growth, decrease or stability in the numbers of students, never tells the whole story. Students come to school with different needs and our schools must be able to accommodate new English Learners and students who need other support.

Projected change in student population by 2025.

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

and sustain ongoing connections which make a difference. Having a clear sense of direction and articulated values does make it possible to galvanize action, when needed. Coming together, being mutually supportive and sharing genuine care is essential, as during the unexpected passing of Bonnie Carney, who dedicated 47 years of her life to CABE. Unanticipated events, such as mass shootings and hurricanes, are tragic, but our collective resilience can help us cope.

You all represent a multitude of communities and roles. It has been an honor to serve as President. In the true spirit of teamwork, you all have been part of my journey. I pass the gavel to incoming President, Robert Mitchell, with a profound sense of appreciation for all the outstanding work and dedication of all of you.

Thank you!

We know from demographic studies that over half of American students will be of color. Ensuring cultural competence and providing role models, including teachers, principals, superintendents and board members of color will strengthen our schools.

At this time of fiscal hardship in the State, districts are looking for ways to save money, such as by closing schools, sharing services and, sometimes, consolidating districts. As you are looking for more efficiency with at least continued effectiveness in carrying out your mission, keep an eye on your district’s enrollment projections.

Sometimes expectations are incorrect, but it would be a big mistake to give less than full attention to what your student population will be in the future as you make important decisions.

Editor’s Note: The Connecticut Mirror often has statistics and graphs of great interest to board members of superintendents. I encourage you to go to https://ctmirror.org to examine this information.

EXECUTIVE COMMITTEE Ann Gruenberg | President, Hampton Robert Mitchell | First Vice President, Montville Donald Harris | Vice President for Government Relations, Bloomfield Elizabeth Brown | Vice President for Professional Development, Waterbury Bob Trefry | Secretary/Treasurer, CT Technical High School System Richard Murray | Immediate Past President, Killingly John Prins | Member at Large, Branford 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 Co-Director, East Hartford Michael Purcaro | Area 3 Co-Director, Ellington Michele Arn | Area 3 Co-Director, Vernon Joan Trivella | Area 4 Director, Brooklyn Michelle Embree Ku | Area 5 Director, Newtown Jennifer Dayton | Area 6 Co-Director, Greenwich Karen Kleine | Area 6 Co-Director, Westport Roxane McKay | Area 7 Director, Wallingford Lon Seidman | Area 8 Director, Essex Sean Nugent | Area 9 Director, Preston ASSOCIATES Eileen Baker | Associate, Old Saybrook Sharon Beloin-Saavedra | Associate, New Britain Robert Guthrie | Associate, West Haven Robert Trefry | Associate, CT Technical High School System COMMITTEE CHAIRS Becky Tyrrell | Chair, Federal Relations, Plainville Bryan Hall | Chair, Resolutions, East Hartford Christopher Wilson | Chair, State Relations, Bristol CITY REPRESENTATIVES Craig Stallings | City Representative, Hartford Carlos Torre | City Representative, New Haven Jacqueline Heftman | City 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 Teresa Costa | Coordinator of Finance and Administration Pamela Brooks | Senior 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) 571-7446. 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 | November 2017

3

EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members

Are You An Enabler?

Robert Rader

Executive Director, CABE

BUSINESS AFFILIATES DIAMOND MEMBER Finalsite GOLD MEMBERS

Berchem, Moses & Devlin Pullman & Comley Shipman & Goodwin Support for the Budgetary Process SILVER MEMBERS Anthem Blue Cross and Blue Shield Arthur J. Gallagher & Company Corporate Cost Control 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

In light of the difficulties that school

What’s A Board to Do? This is when a Board Chair should

have been reaching out to our members to

take the matter into his or her hands. Board

determine ways in which we can help them

Chairs (and I know we’re getting to the time

be more effective.

of year when they’re chosen) should not be

One of the responses we got from

decided upon based merely upon political

superintendents is that while most Board

affiliation or tenure on the Board. The Chair

members are effective, there are some who

should be a person with the stature, ability

do not play by the rules of good boards-

and emotional intelligence skills to unite the

manship. They make it difficult for the other

Board and, hopefully, bring the dissident

CABE Board of Directors to sign our rules

board members and the Superintendent to

back into the “tent.”

once a year to remind everyone how we op-

defamation or members interrupting other members or staff. We ask members of the

carry out their respective duties. This often

Sometimes this can be accomplished

erate. By doing so and posting it, you remind

results in bogging down the agenda at Board

with a private, one-on-one discussion be-

members of the public, in addition to your

meetings (hello, meetings ending at mid-

tween the Chair and the dissident. A Chair

Board that you take civility seriously.

night), causing a lack of trust between staff

who actively listens, has a sense of empathy

It discussions still get out of hand, it only

and Board members and, at the very least,

and helps address the dissident’s concerns

takes one Board member to raise a point of

making meetings tense and uncomfortable.

may go a long way to helping both the dissi-

Obviously, one person’s dissident may

dent (who may feel isolated) and the Board.

order and say that the ground rules are being

be another person’s principled statesman. No

What Superintendents told me, though,

one wants to take away a Board members

was that what makes things very difficult is

right to speak their minds on issues and vote

violated. While no one likes confrontation, this may be an effective way to bring the matter to a head. Calling for a vote may also

as they see best. However, when the conduct of a Board member is not civil, creates a climate of fear of engaging with other Board members or the Superintendent, it is appropriate to remind the offending person of the damage he or she may be causing.

There are many reasons why a Board member (or two) may seek to cause the

“ The lack of civility and good boardsmanship disrupts the forward motion of the Board. It slows the progress of the whole team.”

havoc that may lead to the Board being labeled “dysfunctional”. He or she might feel that their opinions are not being fairly considered, that they are ignored or that

when other Board members do nothing to

the majority itself is not working in the best

help bring the dissident back into the fold.

interests of the district.

They do not stand up to the person when

And, yes, some may be having a bad day Then, of course, that Board member

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

no boundaries, no limits to what can be said.

boards and superintendents are facing, we

or feel a need to act out.

EDUCATIONAL AFFILIATES

It makes the situation feel like there are

might just be a bully.

Superintendents have told me that the one dissident or outlier on their Boards is not the problem. They recognize that

he or she is bullying fellow Board Members, or the Superintendent or other members of staff, such as teachers who might only be at the Board meeting to present information on their programs or syllabi.

Enabling a bully

Boards need diversity of background, skills,

Enabling a bully is a real problem—not

opinions and experiences to make the best

only for School Boards and Superintendents,

decisions. If everyone understands their

but in society in general. Being a bystander

roles and responsibilities it is perfectly

and doing nothing enables the bully to keep

appropriate that one or two might dissent,

up the poor behavior and it may only get

consistently or occasionally.

worse if the bully gets rewarded by publicity

The problem is when the dissident goes beyond his or her role and acts as

in the local newspaper or a chance to act out in front of the cameras.

end the acrimony. A ten-minute timeout thereafter may help further ease the tension.

Boards must be self-policing because of the way they operate. For example, when there is an Executive Session, it is incumbent on all Board members to know the FOI rules and if they are being violated, ask for a halt to the discussion and either a move back into the appropriate topic or for the Board to go back into public session.

It is also the Board’s job and not merely the Chair’s to identify and help end inappropriate behavior of a Board Member. If the Board is operating as an effective team, no one need live with such conduct.

So, don’t be an enabler! Help your Chair and your Board get back on track when one or more people send it off course.

described above. The lack of civility and

Every Board should have ground rules

good boardsmanship disrupts the forward

by which it operates. Those rules, often

Civility is a courtesy that everyone

motion of the Board. It slows the progress

found in the district’s Bylaws, should make

deserves. Let’s make that happen at every

of the whole team.

clear that meetings are to be free from

Board meeting!

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The Journal – Connecticut Association of Boards of Education | November 2017

Connecticut Educational Software Hub: Relieving the Compliance Burden Doug Casey

Executive Director, Connecticut Commission for Educational Technology

Most of us know someone — maybe even ourselves — who has been the victim of identity theft. We have become familiar with data breaches from such household brands as Experian, Yahoo!, Target, and Anthem, and we have likely taken extra measures to protect our own accounts and data.

At the same time, schools have significantly increased the use of innovative digital tools to personalize learning, streamline and improve operations, and build stronger ties to the community. With the State’s investment of $30M to support hardware purchases, many districts have launched or expanded one-to-one computing programs.

With these trends as context, the Connecticut General Assembly has passed over 130 student data privacy laws in the last three years.

Our laws require boards of educa-

tors of educational software tools (e.g.,

in the sheer scope of the laws’ re-

tween the software they use and the

Web sites, apps, etc.) — in possession

quirements, what one superintendent

requirements of Connecticut law. And

of student data, information, records,

termed a “tidal wave” of compliance

each misalignment of terms requires

or content. Such contracts must include

work, given that most districts use

direct negotiation between districts

assurances that operators maintain

hundreds if not thousands of educa-

and operators, a process that can take

reasonable security practices to protect

tional software products. From student

weeks or months to complete, often

student information and delete it upon

information systems, e-mail and

without resolution.

the request of students, parents, guard-

collaboration software (e.g., Google

ians, or boards of education. The statutes

or Microsoft), and medical and school

mission for Educational Technology

generally prohibit advertising targeted

lunch programs to the instructional

survey last fall indicate that districts

at students, creating student profiles for

apps and Web sites used in classrooms,

spent an estimated 80,000 hours (con-

purposes unrelated to school, and selling

the student data “footprint” in most

servatively $5M in indirect costs) of

or disclosing student information. The

districts has become substantial.

additional staff time engaged in such

tants working in our schools or opera-

paralegal work. And these totals do

laws also prescribe how operators must

Teaching and learning now

respond to security breaches involving

depend on this software to fuel the

not even include the direct cost of legal

student information and data.

one-to-one computer initiatives that

fees performed by attorneys to com-

districts have adopted, investing

plete contract reviews, nor the “op-

school community would agree with

millions of dollars in these programs

portunity cost” many have expressed

the importance of protecting student

to support digital learning and as-

as they delayed or outright cancelled

data, and the specific assurances

sessment. And while district leaders

spelled out in our laws — considered

generally conduct a thorough review

by national school law experts as rela-

of operator agreements before procur-

tively straightforward — their imple-

ing their software, those documents

mentation in most districts has gone

rarely match the exact requirements of

anything but smoothly.

Connecticut’s new statutes.

While most members of the

Consequently, district leadership

tion to enter into written agreements with contractors — defined as consul-

The results of a Connecticut Com-

The Challenge The challenge has come primarily

teams have spent significant amounts of time conducting crosswalks be-

instructional initiatives that require the support of district staff whose time is now consumed by contract reviews.

The Commission has addressed these challenges and supports the use of high-quality educational software to scale personalized learning through a set of initiatives described in its recently released state Educational Technology Goals and Plan (http://bit. ly/CTEdTechPubs). This work includes the rollout of a program to support best practices in K – 12 privacy protections (www.TrustedLearning.org) and publication of a Student Data Privacy Toolkit (http://bit.ly/189Toolkit). Most recently, the Commission launched the Connecticut Educational Software Hub at StudentPrivacy.CT.gov.

The Hub helps districts and operators understand and comply with our student data privacy laws. First, it provides educators with a powerful search engine to find software developed by companies that have reviewed and signed a new Connecticut Student Data Privacy Pledge (www.bit.ly/CTSDPP). Those companies must still See SOFTWARE HUB page 7

The Journal – Connecticut Association of Boards of Education | November 2017

5

See You in Court – The Nutmeg Board of Education

Taking a Knee 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.

As the football season wound down in Nutmeg, Bob Bombast went on a Facebook rant against the players in the NFL who take a knee during the playing of the National Anthem. Coach Rock, veteran coach at Nutmeg Memorial High School who was still stung by Bob’s statement that Nutmeg should find a coach who can win, was outraged that Bob was again commenting on matters beyond his ken. Coach Rock went on Facebook to take on Bob directly: “Here we go again,” his post began. “Bob Bombast is shooting off his big mouth again about football when his only experience has been sitting on his fat ass in the stands or at home as a spectator. We should remind Bob that we live in America, and that football players, whether in the NFL or on my team, do not give up their free speech rights just because they play football. If football players want to protest injustice, they have every right to take a knee!”

Several of Bob’s friends sent him a link to Coach Rock’s post, and predictably Bob was furious that a district employee would be so disrespectful to a veteran Board of Education member. Bob immediately called Mr. Superintendent to ask when he would be firing Coach Rock for his impertinence.

Mr. Superintendent did his best to calm Bob down, and he told Bob to let him handle it by talking to Coach Rock.

Bob ignored Mr. Superintendent’s request, and he immediately responded, again on Facebook. Starting with “Big Words from a Big Loser” in a new post, Bob went after Coach Rock hard. Bob suggested snidely that Coach Rock should go back to school so that he can learn about the Constitution and perhaps even football. Bob repeated his attack on the NFL players, and he decreed that any player or coach who would ever show such disrespect for the flag should be benched or fired.

Not one to shy away from a fight, Coach Rock doubled down. Last Saturday, at the last game of the season, when the National Anthem started to play, Coach Rock bowed his head and took a knee. There was some confusion among the players, who appeared

to be surprised by the Coach’s action, but a couple of them hastily took a knee as well before the National Anthem concluded.

The Nutmeg Knights won the game that day, but Coach Rock had another battle on his hands. Bob was incensed, to be sure, but this time he was not alone. At the next meeting of the Nutmeg Board of Education, the list of speakers for public comment was three times longer than usual. As the Board sat through over an hour of public comment, it heard from a divided community, with about two-thirds of the speakers criticizing Coach Rock for his actions, and about onethird criticizing Bob for starting the fight.

Mr. Superintendent closed his eyes and rubbed his temples gently as he listened to the public comment on the ongoing quarrel between Bob and Coach Rock, which apparently was now his problem. A number of speakers demanded that Coach Rock be fired, and a number said that Bob should resign from the Board. At the end of the meeting, Bob told Mr. Superintendent that public sentiment was clear – Coach Rock had to go.

What would you advise Mr. Superintendent to do?

Complicating the analysis somewhat, our Connecticut Supreme Court held in 2015 that it would not follow the Garcetti rule in considering claims under the Connecticut Constitution if employee speech pursuant to duty involves “comment on official dishonesty, deliberately unconstitutional action, other serious wrongdoing, or threats to health and safety.” Trusz v. UBS Realty Investors, LLC. (Conn. 2015). However, with due regard for greater employee free speech rights pursuant to duty under the Connecticut Constitution, Coach Rock’s symbolic speech while coaching the team was not protected because it related only to his personal views.

That said, Coach Rock retains his free speech rights on Facebook and elsewhere.

While inelegantly phrased, his criticism of Bob Bombast’s public statements was protected speech because it related to a matter of public concern. To be sure, such speech may not be protected if it disrupts the operation of the school district, but Bob’s taking offense at Coach Rock’s statements was not disruptive: Coach Rock does not work for Bob, and their relationship does not affect the operation of the school district.

As to the players, we note that Coach

Rock’s actions could be disruptive because it tacitly invited students to join him or not to join him, potentially causing dissention on the team. However, the students themselves have a right to free speech, symbolic or otherwise, as long as school officials do not reasonably forecast substantial disruption or material interference with the educational process. Tinker v. Des Moines Independent School District (U.S. 1969). Students may certainly “take a knee” during the recitation of the Pledge of Allegiance in class as long as they are not disruptive.

The issue is somewhat more complicated in team sports because “disruption” may include actions that affect team cohesiveness.

For example, student athletes who were dismissed from their team after circulating a petition calling for the dismissal of their coach lost a free speech claim because their actions undermined team unity. Lowery v.

Euverhard, (6th Cir. 2007). However, unless and until student athletes cause disruption when they engage in symbolic speech, their actions will be protected by the First Amendment.

The Eighth Edition is here!!

Mr. Superintendent must be careful. As a general premise, employees do not have the right to promote political causes when they are doing their jobs, and Mr. Superintendent has legitimate grounds to tell Coach Rock that he should not take a knee when coaching the team. But both Coach Rock and the students he coaches have free speech rights under the First Amendment that Mr. Superintendent must respect.

As to Coach Rock, we must differentiate between his free speech rights when off duty from those he has when he is coaching the team. The United States Supreme Court has held the First Amendment protects speech by public employees on matters of public concern as long as such speech is not disruptive (though even disruptive speech may be protected when its importance outweighs the disruption). Connick v. Myers (U.S. 1983).

However, the United States Supreme Court has also held that First Amendment protections do not apply to employee speech that is “pursuant to duty,” i.e., employee speech made in the course of employment. Garcetti v. Ceballos (U.S. 2006). Thus, under the United States Constitution, Coach Rock had no right to take a knee in symbolic speech when coaching.

A Practical Guide to Connecticut School Law

by Thomas B. Mooney, Esq. Shipman & Goodwin The Guide comes with a CD which provides hyperlinks to many cases and statutes and will permit word searches as a supplement to the Index.

The Eighth Edition was substantially rewritten to reflect statutory changes, significant case law developments in state and federal courts. Some of the numerous legal developments and update are as follows: School Safety and Security | Bullying Law Teacher Evaluation and Support | Teacher Tenure Act New Requirements for Professional Development Budget Issues | Prohibitions on Electronic Notifications of Referenda Minimum Budget Requirements |FMLA for Paraprofessionals Child Abuse and Neglect Reporting Requirements Uniform Regional School Calendars | Excusal | Student Assessments Pool Safety | Concussion Prevention and Education Sudden Cardiac Arrest Prevention and Education Administration and Storage of Epinephrine | Excused Absences Student Free Speech | Employee Free Speech

Order your copy TODAY by going to the CABE website: http://www.cabe.org/page.

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The Journal – Connecticut Association of Boards of Education | November 2017

The Journal – Connecticut Association of Boards of Education | November 2017

7

What is Moral Leadership?

Robert Rader,

Executive Director, CABE

The September Fortune Magazine had an interesting article about Dov Seidman, founder and CEO of a tech company (LRN), “markets ethics and compliance software and content to corporations like Apple and Pfizer.”

Seidman has become a “corporate whisperer” to many because, according to CEOs, including Mark Bertolini of Aetna, he “has a rare ability to take the challenges that CEOs and other leaders face in their day-to-day roles and place them in a broader context of decision-making— one that brings into greater focus the real effects on coworkers, community, and the enterprise itself.”

According to Seidman, the “world has been reshaped faster than we’ve been able to reshape ourselves, our institutions, and our models of leadership.” This is because individuals have gone from being “merely connected” a generation ago to a “global interdependence” in which the conduct “of

SOFTWARE HUB

(continued from page 4)

provide privacy terms with language that complies with our laws, as the statutes govern contracts between boards of education and contractors. They can do so simply by using the Pledge as an addendum, as it contains the specific terms that our student privacy laws require. With digitally signed assurances from providers looking to do business in Connecticut, the Hub

any person can affect so many others.”

Second, “technology is bringing strangers into intimate proximity at an accelerated pace, affording us richer experiences, but also demanding new levels of empathy and understanding.” Distances have shrunk and “how we behave becomes more critical.” Third, technology is “granting us MRI-like vision into the innermost workings of once—opaque organizations and even into the mindsets of their leaders.”

The result of “interdependence, proximity and forced transparency” have left us “disoriented and morally unmoored, with few bulwarks to lean on. Trust has broken down—between citizens and elected officials… business leaders and employees… consumers and suppliers… people with opposing opinions.”

He continued: “only one kind of leadership can respond to this moral crisis of trust—and that’s moral leadership.” It doesn’t come from formal authority or by “winning an election… or being named

the boss… Moral leadership stems from an authority that must earned every day.”

How? Here are Seidman’s four “guideposts” for establishing and sustaining moral authority: 1. Moral leaders are driven by purpose. “True authority is formed when leaders pursue—and are seen by others to be pursuing—a worthy, valuable, and noble purpose connected to human progress or the betterment of the world.”

2. Moral leaders inspire and elevate others. “Moral leaders do not ask for personal loyalty… moral leaders ask people to be loyal not to them, but rather to the overall purpose and mission of the organization.”

3. Moral leaders are animated by both courage and patience. “Courage isn’t enough. Moral leaders also need patience. Think of patience as a way of extending trust to oth-

provides transparency and accountability that shifts the burden of compliance from districts to software developers.

In a short time, the Hub has already gained the enthusiastic support of educators and legislators. The executive directors of CABE, CAPSS, and CAS have issued a joint statement (http://bit.ly/CSDPL17) urging software developers to utilize the Hub to demonstrate their commitment to student privacy. District leaders see the site as helping streamline the software re-

view and vetting processes. Susan Moore, Supervisor of Blended Learning in Meriden Public Schools, wrote, “I am thrilled to have the Hub as a go-to resource for administrators and teachers.”

In addition to its compliance features, the Hub helps schools share best practices and realize purchasing efficiencies.

Built on LearnPlatform, it connects our state’s K – 12 community with more than 100,000 educators nationwide and a list of more than 5,000 software titles, searchable

ers by allowing them the time to be more thorough, rigorous and creative.”

4. Moral leaders keep building muscle. “Authentic leaders don’t stop learning and growing just because they’ve accumulated formal authority in an organization. They continue to build moral muscle… by ‘going to the moral gym’—by wrestling with questions of right and wrong, fairness and justice, what serves others and what doesn’t.”

Board members and superintendents should certainly see themselves, their thoughts and actions in these “pillars of moral leadership”. While Seidman (and Fortune) aim their messages to those in business, the lessons are very much applicable to all leaders.

While this article is not long enough to cover everything a “moral leader” needs, it is a good place to start.

by subject, grade level, and technology platform. Users can create and use product “report cards” to make smart decisions about the value and impact of educational software.

Given the July 1, 2018 deadline for districts to comply with our student data privacy laws, the Commission — in partnership with CABE and other educational leaders — encourages districts to sign onto the Hub today to take advantage of this innovative state resource.

Growth Trajectories for Language & Reading Skills

(Rough Estimates developed by H. Scarborough, W. Teale; thanks to S. Paris) 100

SYNTAX

WO

S RENES AL AWA

50 40

PHONO LOGIC

30 20 10 0

0

2

4

6

LETTER DECRECOGNITIO N ODI NG

60

LL

E SP

G

DIN

A RE

RY

BULA

VOCA ING

N ULATIO

70

OG

EC

R RD

80

ARTIC

% of Ultimate Level Attained

90

E

PR

M CO

N

SIO

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CO

G

SIN

O MP

Acquisition of Constrained vs. Unconstrained Skills

(aka Mastery Skills vs. Growth Constructs)

8

10

12 Age (years)

14

16

18

20

This graph demonstrates how some literacy skills are typically mastered early and relatively quickly (e.g. articulation, syntax, phonological awareness and letter recognition) while other literacy skills develop continuously over a lifetime (e.g. vocabulary, reading comprehension and composition). It was presented at a Connecticut Council for Education Reform (an affiliate of the Connecticut Business and Industry Association) and Connecticut Association of Schools conference focused on teaching literacy.

8 MENTAL HEALTH (continued from page 1)

that the substandard alternative education provided disproportionately affects students of color and violates equal protection guarantees of both the State and U.S. Constitutions.

In addition to monetary damages, the plaintiffs requested that the Court order the State to “immediately establish specific guidance to all school districts in the state for the administration of alternative educational opportunities to expelled students; guidance that includes the development of individual learning plans through assessment of individual students’ needs and other strategies to ensure expelled students’ constitutional right to education…”

A recent SDE draft of the “Guidelines for Alternative Learning Environments for Students Who have been Expelled” which requires districts to “develop individual learning plans through assessment of individual students’ needs” is a result, in part, of that lawsuit.

The Legislation

In 2016, Connecticut’s General Assembly passed Public Act 16-147: An Act Concerning the Recommendations Of The Juvenile Justice Policy And Oversight Committee. This Act made several changes to school discipline laws. Most notably, it drastically increased the amount of instruction school districts are required to provide to expelled students and empowered the SDE to issue the prescriptive “guidance” noted above, limiting the method of delivery and the type of educational instruc-

The Journal – Connecticut Association of Boards of Education | November 2017 tion districts are allowed to offer.

Before passage of PA 16-147, generally, Connecticut school districts delivered “alternative educational opportunities” to eligible expelled students by providing instruction that complied with SBE regulations governing “homebound and hospitalization” instruction. This meant that the majority of districts offered highly personalized instruction through tutoring to students for a period of one hour per day in kindergarten through grade six, and five hours per week and two hours per day, or ten hours per week, to students in grades seven through twelve.

But, PA 16-147 substantially altered the landscape, increasing the amount of instruction required to 5 hours each day/900 hours per year and requiring that districts provide instruction equivalent to “alternative education,” which is, by law, a (full-time) school or program maintained and operated by a school district, offered to students in a “nontraditional setting”, addressing their social, emotional, behavioral, and academic needs.

While some school districts have developed alternative education schools or programs, most have not. Pursuant to PA 16-147, all districts without their own alternative education programs, even those sending students to out-of-district programs, were required to create one.

Current data indicates that the per pupil cost of alternative education programs ranges from $20,000 to $40,000 per student. Clearly, PA 16-147, if implemented as originally enacted, would have caused a significant increase in expenses for school

districts.

Perhaps realizing the potentially devastating impact of imposing a costly new unfunded mandate upon school districts while making substantial cuts to their aid, the Connecticut General Assembly enacted Public Act 17-220: An Act Concerning Education Mandate Relief. Ostensibly, the “relief ” was the addition of a second option for providing alternative education to expelled students in districts which did not already have them.

Section 2 of PA 17-220, provides Boards of Education two options for delivering instruction to expelled students: 1. Enrollment in an alternative education program operated by the board, if the board provides such a program (PA 16-147 required districts to create or enroll in one if they did not have such a program) or 2. Development of an alternative education program for expelled students “in accordance with the standards adopted by the State Board of Education...,” which SDE has titled “Guidelines for Alternative Learning Environments for Students Who have been Expelled.”

The Standards: Guidelines for Alternative Learning Environments for Students who have been Expelled.

The State Department of Education convened a stakeholder working group to write the standards. In September, SDE staff distributed a “final draft” to interested parties including CABE, CAPSS and CAS. Despite the beguiling name of the Act, the standards included new education mandates but no relief. Rather than mitigating the mandates PA 16-147 inflicted upon school districts, the draft standards

imposed significant additional unfunded programmatic and procedural mandates, including requirements of due process similar to that provided to students with disabilities under the IDEA. Creating and paying for 900 hours of alternative education programming started to look good in comparison.

Members of SBE’s Legislation and Policy Development Committee reviewed the latest draft of the new “Guidelines” at their September meeting. The subcommittee approved the draft and scheduled to send them to the full State Board for approval at the October 4, 2017 meeting. However, after a thorough analysis of the draft guidelines, Fran Rabinowitz, Executive Director, CAPSS and Bob Rader, Executive Director, CABE, requested and scheduled a meeting with Commissioner Wentzell and SDE staff to discuss their serious concerns about the impact of the guidelines on operations and finances of Connecticut school districts.

Following this meeting, which was attended by several superintendents, an attorney representing CAPSS, Fran Rabinowitz, Bob Rader, Sheila McKay and Rebecca Adams, SBE agreed to extend the timeline for drafting the standards and to provide additional opportunities for input and revisions.

What is next?

CABE and CAPSS recently provided extensive comments and proposed substantial edits to the standards and are awaiting feedback from the State Department of Education. CABE staff will keep you up informed of future developments.

The Journal – Connecticut Association of Boards of Education | November 2017

Attorneys and Counselors at Law

9

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10

The Journal – Connecticut Association of Boards of Education | November 2017

Schools Demonstrate Academic Growth to the State Board of Education Sheila McKay

Sr. Staff Associate for Government Relations, CABE

At its October meeting, Vernon and Region 10 school districts came before the State Board of Education as examples of significant growth in student achievement.

Vernon Superintendent Dr. Joseph Macary and Robert Testa, Assistant Superintendent, emphasized the district’s vision is to enhance the whole child, academically, socially, and emotionally. The district underwent a coherence and capacity audit,

delving into what were the right and the wrong “drivers” in achievement. This led to amending the district’s existing Strategies for Improvement, and now, using their Blueprint for Success they created five areas to increase student achievement.

They are rigorous curriculum, talent management, family engagement, professional learning and student intervention.

Region 10 Superintendent Dr. Alan Beitman and Cheri Burke, Director of Student Learning emphasized the shift toward teacher collaboration, creation of a teacher

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leadership council and professional learning. Ms. Burke remarked on hard work of the district, to align across classrooms and vertically, to build on growth. The district has undergone a hard analysis of curriculum in the area of literacy. Like the work in Vernon, Region 10 also let go of what wasn’t working.

Preceding the districts’ presentations, State Department of Education’s Chief Performance Officer, Ajit Gopalakkrishnan, presented on the State Assessment Achievement and Growth results. Com-

missioner Dianna Wentzell stated that Connecticut is unique in its capturing of growth results of students, including those in a grouping that doesn’t reach goal, but the number of students are not high enough to be recognized. These student results are one achievement level lower than their peers.

In summary, English Language Arts results were down slightly from last year and Math results have increased every year since the Smarter Balanced Academic testing began in 2014/15.

CABE-Meeting CABE-Meeting is a user-friendly online service offered by CABE specifically for school boards. Users can eliminate unnecessary paperwork, increase efficiency and reduce costs while enabling board members to utilize the latest in cutting edge technology. Using CABE-Meeting, the Meeting Manager can create an electronic meeting from developing the agenda to creating the minutes and everything in between.

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If you have an interest in this service, contact Lisa Steimer at 860-571-7446 or lsteimer@cabe.org

The Journal – Connecticut Association of Boards of Education | November 2017

11

Inspired Leadership & Ongoing Communication are Crucial During Difficult Financial Times you and district leaders have explored

lots of things right and, more importantly,

Dunn and Associates, Liberty, MO, and

with NSPRA permission, has been slightly

all reasonable alternatives, you’re being

doing the right things.

Tom DeLapp, President, Communication

modified to address district leadership.

candid and open with them, and that

Editor’s Note: This article, reprinted

students’ best interests are being kept in In many districts, the view from the top isn’t very pretty these days – from the chair of board members, superintendent, business administrator or the principal.

As schools are being forced to make budget cuts again this year, leaders are forced to make tough choices between unacceptable options.

mind as difficult financial decisions are made.

•D eliver the message in terms that staff, parents and other community members can identify with and understand.

Translate raw numbers into words,

• Keep ‘the Big Picture’ in Mind

In education, we’re familiar with abbreviations and acronyms. There’s one new acronym that every leader should

messages that will be heard and understood.

• Be a story teller.

What is your district all about? Think

know and practice – “PMA.” Experts

long and hard, ask around and discover

say the single greatest key to surviving

again the reasons your district is special.

an emergency such as fiscal problems is

These will be a mixture of core beliefs,

maintaining a Positive Mental Attitude

values, mission and brand. These become

(PMA).

your fundamental story. No matter

But, how can you maintain your

how bad things are, there will always

school’s reputation for quality, service and

be teachers who care about students.

excellence? Here are some suggestions

Students will still go to school, find

that can instill a sense of PMA in your

passion and fulfill dreams.

staff, parents, students and community members:

• Don’t lose sight of what you continue to do well.

A trap you can fall into is to talk

highly respected, veteran NSPRA members.

And most importantly, be the leader.

Reprinted with permission from the

Show parents, staff and students a bigger

copyrighted article “Inspired Leadership

picture. This time of challenge will pass.

and Ongoing Communication Are Crucial

A positive mental attitude starts with you.

During Difficult Financial Times,” April

Don’t downsize your own expectations or

2013 PRincipal Communicator, published

your reputation.

by the National School Public Relations As-

When times are hard, we will do our best.

sociation, 15948 Derwood Rd., MD 20855; www.nspra.org; (301) 519-0496. No other

themes, messages and impacts. Compose

• Maintaining a ‘Positive Mental Attitude’

Resources for Schools, Rocklin, CA. Both are

reprints allowed without written permission This column is a collaboration by

from NSPRA.

authors Jim Dunn, APR, President, Jim

Every Vote Counts!

Register NOW!

•T race how you continue to allocate resources toward results for students.

In this “Era of Accountability”, show them that you’re finding efficiencies, how

only about what’s being cut. Budget cuts

you’re tightening your belt as families

should be framed as a means to protect

have at home.

your core values and priorities. Put the cutbacks into context.

• Give people a reality check.

Cuts hurt, and they will make a

•D on’t stop promoting your district.

When businesses face competition or a slow economy they don’t eliminate

difference. Downsizing programs and

sales and marketing. Now is the time to

services without downsizing people’s

identify and project the positive things

expectations is a formula for disaster.

about your school and their impact on

If you say you’re keeping cuts away

students, families and the community.

from the classroom and that quality will

Now is the time for relationship-building,

continue unabated, you reinforce the false

engagement with stakeholders and

presumption that these programs were

strategic listening.

never essential to learning.

• Build trust and confidence that you know what you’re doing.

People want to know that you understand the magnitude of the problem,

•C elebrate success!

At every parent and staff meeting, at every school event, recognize the people who are doing great things. Make sure lots of people know your school is doing

November 16, 2017 Registration 2:30 pm Program 3:00 - 6:00 pm Reception 6:00 - 6:30 pm Dinner 6:30 - 7:30 pm

CABE Delegate Assembly Mystic Marriott Hotel, Groton

12

The Journal – Connecticut Association of Boards of Education | November 2017

The Policy Corner Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

Policy: a board of education leadership tool without equal

The Board’s Role in Curriculum Decisions Curriculum development is a dynamic and continuous process by which a school system plans, implements, and evaluates its educational programs in a coherent and logical manner. Curriculum guides the teaching/ learning process by defining what is to be learned, how it is to be learned and how it will be assessed. Through the use of written curriculum documents, teachers are able to ensure that every student will encounter a planned, on-going, sequential and systematic program. To be highly effective, the written curriculum must be used by teachers on a daily basis to make instructional decisions that are focused on a common core of mastery objectives. The curriculum must also be flexible enough to allow for a teacher’s creativity, enhancement and critical monitoring of effective learning strategies. The written curriculum must be a working document that is constantly reviewed and modified to meet the learning needs of students.

The board’s selection of a superintendent is its most important decision. The decisions a board makes pertaining to the district’s curriculum follows closely in importance.

Boards of education should expect on-going curriculum review and development in order to maintain programs consistent with current and future-oriented quality standards and with comprehensive PK-12 continuity.

Curriculum content, a very important concern for board members, may also be a source of frustration. Curriculum encompasses everything presented to and provided for students under the jurisdiction of the school board and the superintendent of schools. It is so important that it will inevitably cause controversy, a major reason some boards may shy away from this critical area of responsibility.

A number of factors cause boards to experience difficulties with their curriculum responsibilities. These include state and federal mandates that predetermine curriculum content, financial restrictions, lack of curriculum policies, constraint in setting aside time to analyze curriculum issues, deferring to staff as curriculum experts, and lack of sufficient knowledge on curricular issues and strategies.

Boards, however, have major responsibilities regarding curriculum. They must adopt curriculum for use in the schools, because state statutes impose specific re-

quirements and identify areas in which mandated by C.G.S. 10-220(e), establishes instruction must be offered. School districts an orderly and ongoing process for assuring have discretion in establishing programs that there is a written curriculum in each and courses to address these requirements. discipline which accurately reflects the phiBoards may also provide instruction in a losophy and goals of the local district. To accomplish this purpose, the Curriculum multitude of non-mandated areas, as well.

In order to offer a first-class academic Committee must actively engage in a process program to all school children, school districts of determining the need for curriculum reneed clear, specific academic standards and a view and revision. The Committee is the body high quality curriculum in all schools that fos- which reviews current research, understands ter high student achievement. An academic ac- the impact of state initiatives, and is aware countability reporting system that is available of how the future affects today’s curricular to the community, appropriate instructional offerings. The Committee recommends, materials, and acadevelops, reviews, demic improvement and approves all plans for schools In short, the purposes of the curriculums for the are also required. curriculum, the manner in District which are In addition, there then submitted to which it is to be developed, should be staff inthe Board of Edureviewed, revised and volvement, with the cation for its review board and commu- evaluated are among the and approval. nity, in determin- most important policy The Commiting what should be tee sets the stanresponsibilities of boards of taught and the best dards for learning education. instructional methin the district. The ods to use. establishment of Boards affect the curriculum in three what is expected of a graduate of the local ways. First, the board should make a com- district has a major impact on the curriculum mitment to the curriculum, proclaiming, which, in turn, will affect what students will through written policy, the importance of be expected to accomplish at each grade level. the curriculum and the board’s concern with Within the framework of the limited its development, execution, and evaluation. resources of time and money, each program Curriculum issues should be a regular part of offering must be routinely evaluated to deboard meeting agendas. Meeting time should termine those programs which are of value be spent discussing what is being taught, how for today’s learners and those which are not. it is being taught, and the results attained.

It is through a process of ongoing evaluation Second, the board must allocate ade- that the Curriculum Committee determines quate resources. Commitment to curriculum how best to design a curriculum which will development must be accompanied by the meet the present and future learning needs adoption of a budget that provides adequate of the students. resources for staff development, supervision, The Curriculum Committee is charged curriculum development activities, program with the responsibility to fully consider the implementation and evaluation. implications of all concepts, mandated or Next, the board must maintain a cur- otherwise, which relate to the total curricriculum focus. It should require frequent ulum of the school system. In fulfilling this reports from the administration through a function, the Committee serves as the major series of curriculum-related presentations source for curriculum-related input to the to the board on the educational program superintendent and the board of education over-all, continuity between grade levels, and facilitates the implementation of the its plans for evaluation, curriculum revision recommendations, including the establishand student achievement. ment of a master curriculum calendar.

The board of education, however, must The District Curriculum reserve the responsibility for establishing and Committee approving curricula for the school district, The District Curriculum Committee, subject to any limits specified by the State.

Teachers are required to teach within the approved curricula.

Policy Issues to Consider Some other issues, handled through policy decisions, exist for the board to consider. Curriculum development should be approached as a long-term commitment involving research, policy development, oversight, and evaluation. Policy should proclaim the board’s instructional beliefs, expectations and priorities. Instructional goals should be adopted. The board must also provide guidance defining the core curriculum, co-curricular program and electives. It must also approve any changing of textbooks in the system.

Through policy the board must establish graduation requirements. Policy is also used to establish codes of conduct and clarify other issues relative to the learning environment.

Key policy areas impacting curriculum include, but are not limited to, review and selection of textbooks, homework, after-school programs, field trips, controversial subjects, reporting to parents, curriculum alignment with statewide assessments, instructional arrangements, testing, and grouping.

The school board, actively involved in curricular issues, decides and approves what should be taught in the schools and why. The board must decide what knowledge, skills, attitudes and values the district wants its students to acquire and demonstrate competency.

It is important for boards to adopt a policy detailing the district’s educational philosophy and goals. Next, the board must determine the school system needs to be addressed, what will be taught to meet those needs, what will be emphasized, and the instructional sequences to be followed. Well-defined, specific objectives provide direction to administrators and staff and facilitate the evaluation of the instructional program.

In short, the purposes of the curriculum, the manner in which it is to be developed, reviewed, revised and evaluated are among the most important policy responsibilities of boards of education. Boards must be involved in determining and monitoring the instructional program in cooperation with the staff and community. Involvement in this area permits boards to exert leadership through its policy initiatives and monitoring activities.

The Journal – Connecticut Association of Boards of Education | November 2017

13

The Media Message

by Gabbie Charier, Baldwin Media Marketing, LLC

Playing the Media Game: It’s All About the Pitch According to the Bureau of Labor Statistics, we will gain about 12,484 public relations specialists and lose about 4,896 journalists by the year 2024. That means there will be more people pitching stories and fewer people to pitch those stories to. It is crucial in this day and age to master the pitch and break through the noise of competing interests.

Earning media coverage for your district is a win for everyone. It allows schools to highlight the successes they have had, it gives students, teachers and parents a sense of pride.

Follow these best practices of how to pitch your district’s story to the media:

Keep it Short Less is more when it comes to pitching your story. You should be able to grab a reporter’s attention in 15 words or less. Getting your message across briefly is challenging, so take the time to carefully craft your pitch.

In today’s world, most pitches are done in an email. That means your 15-word pitch should be in the subject line, with more details of the story in the body of the email. The body can get into more detail, but should be focused and easily skimmable by a reader.

Make it Timely Why does this story matter? Why does this story matter right now? These

are questions you should ask yourself when writing your pitch. Perhaps there is some ongoing national issue that can be scaled down that applies to your district. Reporters love these “trend stories” because they demonstrate the impact large events have on our communities. Always be on the lookout for these types of opportunities.

Foster Relationships with Reporters Chances are, you are not the only person trying to get a reporter to cover your story. Reporters receive a large number of pitches every single day more than they could possibly cover.

You are at an advantage if you have

a solid relationship with reporters in your area. They are much more likely to stop and read a pitch from a name they recognize and respect than from a total stranger. Whenever a reporter comes to cover your school, district, or town, introduce yourself and exchange cards. Become a resource on public education issues. Give yourself an advantage by curating and maintaining relationships with local reporters. This can be challenging these days, since they come and go, but they are part of the equation when it comes to communicating with your school community, so it’s well worth the effort.

14

The Journal – Connecticut Association of Boards of Education | November 2017

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: • Provided Roles and Responsibilities workshop for the Union Board of Education.

• Facilitated Board Self-Evaluation for the Killingly Board of Education.

• Observed meeting of the Winchester Board of Education (Lighthouse).

• Fifty-three requests for policy information were provided to 24 districts and 1 out-of-state school boards association on 39 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 the use of physical restraint and seclusion, the use of Narcan in the school setting, homeless students, transgender students, graduation requirements, background checks and student conduct issues.

• Wrote memo to Board Chairs summarizing considerations and recommendations for Board of Education Members serving as PTO officers.

• Wrote memo for the Oxford Board of Education outlining legal considerations for performing a Superintendent’s evaluation and potential legal pitfalls of discussion of student issues regarding special education students and discipline.

• Trained Somers Central Office staff on the use of CABE-Meeting.

• Planned and presented four workshops for Board of Education candidates at CREC, LEARN, C.E.S., and EASTCONN.

• Watched Board Boot Camp webinar.

• Met with new Killingly Superintendent Steve Rioux; Brooklyn Chair Aimee Genna and Superintendent Patricia Buell; Fairfield Superintendent Toni Jones; and Seymour Superintendent Michael Wilson on CABE programs, services and other activities.

B y helping school boards to increase student achievement: • Facilitated Board retreat for the Greenwich Board of Education.

• Provided Lighthouse training for the Brooklyn Board of Education.

• Sent two issues of “Policy Highlights” via e-mail listserve covering topics that affect student achievement. This included student wellness policies, nepotism issues, code of conduct for food services personnel, and positive school climate.

• Provided school governance training and support for Sterling Community School Governance Council and Board of Education Chair.

• Met with representatives of Apple Computer about working closer with Apple.

• Met with representative of CCC, CABE’s unemployment insurance program for member boards.

B y promoting public education: • Attended CAPSS Board of Directors meeting.

B y ensuring members receive the

most up-to-date communications:

• Prepared materials as part of the Custom Policy Service, for Ansonia, Derby, Enfield, Newtown, Plymouth, and Winchester.

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The Journal – Connecticut Association of Boards of Education | November 2017 CABE (continued from page 14) • Provided legal and labor update at September CABE Board of Directors meeting.

B y providing services to meet member needs: • Staffed CABE Nominating Committee Meeting.

• Met with members of the Colchester Board of Education to discuss sharing resources with other districts.

• Prepared materials as part of the Custom Update Service, for East Hampton, Marlborough, New Fairfield, New Hartford, North Stonington, Sterling, Union and West Haven.

• Completed the placement of the policy manual of Brooklyn online using CABE’s Connecticut Online Policy Service.

• Completed the audit of the Norwalk policy manual. Started the process of auditing the manual of New Haven.

• Responded to 58 requests for information on legal, labor and operations issues for 20 districts. Hot

legal topics included: • Collective bargaining negotiations are not meetings under the FOIA so boards do not need to post notice or enter executive session.

• Board bylaws are the policies which boards govern themselves.

• Election rules regarding distributing and paying for board candidate mailers and handouts.

• Homebound instruction. Including non-board members as voting subcommittee members.

• Subcommittee vote not binding on the full board. Board may take up proposed budget after finance subcommittee failed to pass it.

• Delegation to superintendent for “emergency line item transfers”.

• Criteria for eligibility for position of Superintendent.

• Student data privacy pledge for software and technology vendors.

• Compiled teacher and administrator contract comparables and contract language analysis for 7 districts.

• Worked with the Connecticut Association of Schools (CAS), Connecticut Association of Public School Superintendents (CAPSS) and the Anti-Defamation League on a workshop on Responding to Hate Incidents in Schools and Districts,

15

scheduled for December 11th.

B y representing Connecticut school boards on the state or national level: • Met with Western, Northeastern and Northeastern Areas Superintendents on how CABE can even better provide assistance to School Boards and Superintendents across the State.

• Attended meeting of the Connecticut Commission for Educational Technology.

• Participated in accreditation visit to Singapore International School for Bangkok for the New England Association of Schools and Colleges (NEASC).

• Attended CAPSS Technology meeting.

• Attended State Board of Education meeting.

• Participated in meeting with CABE, CAPSS and SDE staff regarding alternative education guidelines for expelled students.

• Participated in meeting with CABE, CAPSS, CAS and ADL staff to plan workshop addressing hate incidents.

• Met with a representative of Lifetouch, an exhibitor at the CABE/CAPSS Convention.

• Discussed budget issues with the WhatWillOurChildrenLose Coalition.

• Spoke to staff of the Northeast Regional LAB on a panel by school boards associations scheduled for late October.

• Attended statewide ADL meeting in West Hartford on Connecticut and national issues.

• Attended CCER workshop on Leading for Literacy.

• Participated in meeting of the Connecticut Coalition on Public Education, primarily on the state’s budget issues.

• Participated in CAPSS’ meeting with.

SDE on preparing districts for students coming from Puerto Rico due to the recent hurricanes • Attended University of Hartford’s Rell Center workshop on Better Government Begins at Home: How to Make a Difference in Your Community.

Upcoming Professional Development Opportunities November 16, 2017 CABE Delegate Assembly Mystic Marriott Hotel, Groton

November 17-18, 2017 2017 CABE/CAPSS Convention Out of the Public Schools Grows the Greatness of a Nation – Mark Twain Mystic Marriott Hotel, Groton

December 7, 2017 2017 New Board Member Orientation/Leadership Conference Sheraton Hartford South Hotel, Rocky Hill

— NEW DATE! — December 11, 2017 Responding to Hate Incidents in Schools and Districts Registration 8:30 am Program 9:00 am - 12:00 pm CAS, Cheshire

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

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The Journal – Connecticut Association of Boards of Education | November 2017

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

Special education issues

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

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Cases in the federal and state courts and before administrative agencies

William R. Connon 860.424.4385 wconnon@pullcom.com

Jonathan B. Orleans 203.330.2129 jorleans@pullcom.com

Rachel L. Ginsburg 860.424.4372 rginsburg@pullcom.com

Stephen M. Sedor 203.330.2137 ssedor@pullcom.com

Donald F. Houston 203.330.2245 dhouston@pullcom.com

John P. Shea, Jr. 860.424.4387 jshea@pullcom.com

Melinda B. Kaufmann 860.424.4370 mkaufmann@pullcom.com

Mark J. Sommaruga 860.424.4388 msommaruga@pullcom.com

Michael P. McKeon 860.424.4386 mmckeon@pullcom.com

Zachary D. Schurin 860.424.4389 zschurin@pullcom.com

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

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