The CABE Journal - April 2019

B C

www.cabe.org

Vol. 23, No. 4

April, 2019

An Interview with Clifford Beers’ Alice Forrester

View from the Capitol Patrice McCarthy

Robert Rader

Deputy Director and General Counsel, CABE

Executive Director, CABE

Welcome Spring!

The State Board of Education recently adopted a position statement on reducing disproportionality in suspensions and expulsions. The statement relates to their first goal in their five-year comprehensive plan of insuring equity and excellence for all Connecticut students. The position statement supports evidencedbased behavioral interventions and cautions that exclusionary disciplinary practices which limit student’s access to classroom instruction and fail to improve student outcomes should be used only as the last resort. The position statement supports multi-

Connecticut Association of Boards of Education Inc.

issues, so the voices of public education advocates must be clear and strong.

Patrice McCarthy

Deputy Director and General Counsel, CABE

81 Wolcott Hill Road Wethersfield, CT 06109-1242

After two months filled with public hearings, most of the Committees have reached their deadline to report out legislation.

During the remaining two months of the legislative session there will be amendments and ongoing discussions before final action is taken prior to adjournment on June 5.

Constant vigilance is required, as a small amendment can change a positive proposal into one with negative consequences for public education. Legislators will be dealing with a multitude of critical

State Board of Education Addresses Suspension and Expulsion

On Tuesday February 5, CABE Executive Director Bob Rader sat down with Alice Forrester, CEO of Clifford Beers in New Haven. Among other things, the clinic provides mental health services to students in 12 New Haven Public Schools, many of whom have experienced trauma.

Bob: Dr. Forrester, why don’t you tell us about what you’re finding in the schools with which you work?

tiered systems of support, school based diversion models and restorative practices.

The Board also offered guidelines for policy-makers that outlined the responsibilities of the State Department of Education, boards of education and superintendents, school leaders, teachers, higher education institutions and teacher preparation programs, families and community members and students. The following were among the responsibilities of boards of education and superintendents of schools identified in guidelines: •C ommit to fostering relationships, so students, staff, and families feel connected to the district.

•C ommit to increase the diversity of educators to reflect the diversity of race, ethnicity, native language,

Alice: Since our earliest days we’ve done school outreach. Today, we operate school-based health clinics, and we offer some intensive services in schools as well. That work reaches children and their families, and the family piece is really important because we’re finding an alarming rate of post-traumatic stress disorder (PTSD) in students. In ’16-’17, 49 percent of students assessed in our school-based programming were at or near the clinical level for PTSD. That’s about half! So, that means kids are sitting in classrooms being plagued by intrusive thoughts, being easily frightened, and very guarded and yet they’re expected to be learning? That would be hard for an adult much less a young person.

See SUSPENSION page 4

See ALICE FORRESTER page 7

We need the families to help address

CABE/CAPSS Convention Hard at Work

CABE Day on the Hill

Student Speech: Cards, Gifts & Invitations

Why Do We Emphasize Diversity?

PAGE 4

PAGE 9

PAGE 12

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Periodical Postage PAID Hartford, CT

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The Journal – Connecticut Association of Boards of Education | April 2019 PRESIDENT COMMENTARY

One-Size Fits All and the Law of Unintended Consequences Robert Mitchell President, CABE

As the 2019 Legislative Session steams ahead, there are a number of proposals that will have ramifications on Connecticut’s public schools. As often happens, some legislators with particular concerns about education are looking to fix specific issues with broad-brush remedies that may work for the particular district they are concerned with (and maybe not), but could have repercussions beyond what they anticipated.

Most times the intent of the law is a good one: addressing a real problem facing a constituent’s need. However, these solutions may have a negative impact on others – the law of unintended consequences.

One reason boards of education have worked so well for Connecticut’s children is because they solve local problems close to the source. Local school districts work hard to review

local needs and find solutions that make sense; fixing the problem that needed addressing without hurting something else. This is made easier by situational awareness that doesn’t exist as you get farther away from the community’s borders.

Legislators are besieged with requests from constituents dealing with many, and often conflicting, issues.

They do their best to solve those problems. In order to ensure that Connecticut’s public schools are well represented, we have to be persistent in encouraging our representatives to vote in the best interests of all of our children.

Sometimes the focus is not on educational expectations, but the State’s fiscal crisis. With the tough fiscal problems facing the State, the General Assembly looks to ways of making school districts cut costs. At the same time, schools must comply with numerous state and federal mandates.

We need resources which the State just doesn’t have to provide to us. Again,

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 it’s up to all of us to share the message that there are ramifications to every decision that the legislators make.

As board of education members we are in the perfect spot to help these legislators solve their problems without causing new ones. We should gently remind them from time to time that we are also elected officials and have important observations that can help them. Take time to understand the issues, particularly how your district will be affected. Share this information with your local representatives and members of the Education Committee. Write a letter or send an e-mail. Call your legislator’s office. It all makes a difference.

With your help, we can ensure that new legislation will focus on making things better without causing harm elsewhere.

Results of CABE Surveys Robert Rader

Executive Director, CABE

CABE has received responses from school board members and superintendents to our surveys asking, in some detail, about their perception of our Association’s programs, services and activities.

While the return rate was not overwhelming, thank you to all who spent the time responding. Every one

SUSPENSION

(continued from page 1)

socio-economic status, age, gender identity or expression, sexual orientation and abilities in the state.

• Ensure that board of education disciplinary policies and practices employ a continuum of responses that promote safe and supportive learning environments.

• Create curriculum-embedded opportunities that teach social and emotional skills.

• Provide on-going professional learning opportunities for all staff regarding fair and equitable implementation of the disciplinary

of the surveys has been read by CABE Staff, recommendations considered and, when appropriate, already implemented.

Overall trends were that most respondents: • Were “satisfied” or “very satisfied” with CABE; • Believed that CABE is considered effective or very effective; • Would recommend CABE as a resource; • Believe that CABE prepares board

members to be effective in their role; • Believe that our advocacy, professional development, the CABE/CAPSS Convention, policy services and the CABE Journal were good or excellent.

We look forward to continuing to dialogue with our members and provide them with the best services possible.

policy, including but not limited to classroom management skills, social-emotional learning, positive behavior supports, trauma-informed practices, cultural competence, and addressing unconscious bias.

• Engage students and families in the process of developing and revising board of education school discipline policies and practices/codes of conduct.

• Engage, train and retrain, as appropriate, all staff in the development and deployment of tiered systems of support and other positive behavioral supports and interventions.

• Frequently review, analyze and

evaluate timely disaggregated discipline data at the school level.

Evaluate trends, such as whether specific groups of students are being disciplined disproportionately, if specific types of misconduct are disproportionately subject to discipline, or if specific personnel more frequently discipline subgroups of students. Use data to guide decisions about interventions.

• Collaborate, with mobile crisis service centers, to promptly identify and refer students with mental, emotional or behavioral health issues to the appropriate treatment program.

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 Doug Pfenninger | Area 1 Director, Winchester Bryan Hall | Area 2 Co-Director, East Hartford Leonard Lockhart | Area 2 Co-Director, Windsor 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 Karen Kleine | Area 6 Director, Westport George Kurtyka | Area 7 Director, Derby Lon Seidman | Area 8 Director, Essex Jonathan Gilman | Area 9 Co-Director, Bozrah Sean Nugent | Area 9 Co-Director, Preston ASSOCIATES Julie Ausere | Associate, Canton 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 Betsy Allyn| City Representative, Stamford Charles Stango | City Representative, Waterbury STAFF

Robert Rader | Executive Director Patrice McCarthy | Deputy Director and General Counsel Rebecca Adams Rieder | 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) 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: lsteimer@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 | April 2019

CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite PLATINUM MEMBER

Berchem Moses PC GOLD MEMBERS

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 ESS Milliman Milone & MacBroom, Inc. BRONZE PLUS MEMBERS Coordinated Transportation Solutions COUNTABILITY, Inc. JCJ Architecture OneDigital Health and Benefits The S/L/A/M Collaborative BRONZE MEMBERS Albert Risk Management Consultants Brown & Brown Chinni & Meuser LLC Dattco, Inc. Goldstein & Peck, P.C. Kainen, Escalera & McHale, P.C. The Lexington Group Perkins Eastman Zangari Cohn Cuthbertson Duhl & Grello

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 Explorations Charter School Girls Scouts of Connecticut Interdistrict School for the Arts and Communications (ISAAC) LEARN Unified School District #1

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EXECUTIVE DIRECTOR COMMENTARY

Why is Understanding Trauma So Important to Our Districts?

Robert Rader

Executive Director, CABE

In a recent interview in R & D Alert, published by WestEd, Julie Kurtz*, Julie Nicholson** and Sarah Nadiv*** described trauma and the stress it puts on students. Knowledge of what trauma is and how to deal with it will help board members and superintendents help students “heal and thrive”.

According to the Substance Abuse and Mental Health Services Administration (SAMHSA), trauma “results from an event, series of events, or set of circumstances that is experienced by an individual as physically or emotionally harmful or life threatening and that that has lasting adverse effects on the individual’s functioning and mental, physical, social, emotional or spiritual well-being.”

Both Julies concentrate on early childhood. Nicholson stated that “an event becomes traumatic for a young child when it overwhelms his or her nervous system’s ability to cope with stress. Traumatic experiences, whether real or perceived, lead children to feel significant levels of helplessness, powerlessness, and intense fear.”

Nicholson explained that adverse childhood experiences are often at the center of children’s mental health distress. Adversity is measured by childhood exposure to “ACEs”, or adverse childhood experiences. Included in these experiences are: • Physical abuse • Sexual abuse • Emotional abuse • Household substance abuse • Household mental illness • Domestic abuse • Incarcerated household member • Parental separation or divorce • Physical neglect • Emotional neglect Nationally, about 50 percent of kids have experienced at least one “ACE” and one in ten has experienced three or more, according to Nicholson.

Dr. Alice Forrester, in an interview in the CABE Journal (see page 1) stated that in the schools in which Clifford Beers works in Connecticut, “49 percent were at or near the clinical level for PTSD”. Post-traumatic stress

syndrome is a clinical term, which, according to the American Psychiatric Association, is a clinical term for a mental health disorder that can “occur in people who have experienced or witnessed a traumatic event.”

How does trauma affect how children develop?

According to Kavner, “Trauma and toxic stress prevent optimal development of the brain by changing the neural structure. When you’re a young child with a brain impacted by trauma, you have a higher chance of living in a chronically anxious state. You brain gets rewired… so you perceive minor events as dangerous; you interpret things as scary when they’re not…

When you live in that heighten anxious state throughout the day, you can’t listen, you can’t learn, you can’t focus, you can’t pay attention. You can’t even build relationships.”

Nadiv explained healing trauma, “and mitigating the negative effects on the architecture of the brain — is the buffering effect of a caregiver…

Teachers have a profound ability to support children that have experienced trauma. And a lot, if not all, of trauma-informed practices are perfect for supporting kids in the in the classroom and helping them learn even if they haven’t experienced trauma.”

So, what classroom practices help children with trauma?

Kavner said that “there’s something we call ‘the state of optimal regulation’ that we want all kids to be in so they learn — you don’t want them hyper aroused… To achieve that optimal state, children need to feel safe with adults… children, especially those who have experienced trauma, pick up on that stress”. Therefore, it’s important to “foster predictability and routine in the classroom.”

Kurtz also discussed the need for educators to take care of themselves to carry out co-regulation practices. She suggested that there are a lot of things that “teachers can do, even if it’s just as simple as stopping and breathing.”

They can also connect with colleagues and friends and discuss what is going on with them.

So, what are the roles of the Board and the Superintendent in educating children with trauma?

Narvis stated that to “move their schools or districts toward becoming trauma-informed environments, administrators [and Board members] would first want to make sure that people understood the neurobiology of trauma, which would likely require some training… taking that into account.” So, if you have a zero-tolerance discipline policy, you might want to rethink that position, and begin to help your districts think about what happened to the child rather than what’s wrong with that child.

She also suggests that the district should have a “common language to talk about trauma in a way that doesn’t stigmatize children and entire communities. Instead the focus should be on creating environments that support healing and resilience.”

According to CABE’s Policy Expert Vincent Mustaro, “clearly trauma impacts learning and relationships.

Schools must become trauma-sensitive in the implementation of policies to help children feel safe in order for them to learn. The manner of implementation of existing policies, for example on safe school climate, student discipline, harassment, bullying and health can contribute to the creation of the total safe school climate, enabling students to succeed in the school environment.”

WestEd describes itself as a “nonpartisan, nonprofit research, development, and service agency working with education and other communities throughout the United States and abroad”. *Kurtz is Co-Director of Trauma-Informed Practices in Early Childhood Education at WestEd **Nicholson is Deputy Director, Center for Child and Family Studies, Co-Director for Trauma-Informed Practices in Early Childhood Education at WestEd ***Nadiv is a Senior State Technical Assistance Specialist at WestEd

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The Journal – Connecticut Association of Boards of Education | April 2019

Your CABE/CAPSS Convention Committee, Hard at Work!

Led by CABE’s Vice President for Professional Development Chris Wilson, the CABE/CAPSS Convention Committee has begun the process of planning YOUR November 15-16, 2019 CABE/CAPSS Convention! An event such as the Convention requires a year of work by both the Committee, and the CABE and CAPSS staffs. We often are asked, “How do CABE and CAPSS put together the Convention?

What goes into deciding speakers and workshops?”

Here’s How We Do It

At the first meeting of the year, the Convention Committee reviewed the evaluation data you submitted on Convention workshops and the overall Convention. The Committee takes this feedback seriously, and when possible and reasonable, acts on the feedback.

The Committee always has a lively conversation at the first meeting regarding the Convention theme and workshop strands. This year was no different. After a rich conversation, the Committee voted that the theme of the 2019 CABE/CAPSS Convention will be Every Student, Every Story.

The CABE Board of Directors met on February 13 to discuss the legislative session, legal issues, board member survey results and board of directors professional development.

Workshop strands, which provide additional framework for the workshops to be presented at the Convention are: Effective Collaboration Between Board, Superintendent and Municipal Leaders; Portrait of a Graduate; Diversity, Equity and Excellence; and Onboarding New Board Members and Superintendents.

Convention Workshop Call for Proposal information was emailed to CABE member board chairs, superintendents, and others in early March.

The deadline is April 5. Specific deadlines and criteria are included in the Call for Proposal information. On behalf of the CABE/CAPSS Convention Committee, I encourage you school district to consider submitting a proposal.

What’s Next?

The CABE/CAPSS Convention Committee will meet in early spring, as will several subcommittees. By the end of April, the workshop subcommittee will make recommendations to the Committee with regard to workshop proposals received. The Committee will make its final determinations

The 15th Leadership Institute cohort met for the first time on February 27. CABE consultants Mary Broderick and John Ramos facilitated a powerful conversation on diversity and equity.

on proposals to be accepted. Notification to all who submitted proposals will be sent in early May. You will receive information on entering YOUR district’s talented students to perform or exhibit their talents! Entries are due May 18. A subcommittee meets to review each entry and make a determination on which performing groups will kick off our Friday and Saturday morning activities, as well as which talented students will be selected to exhibit. This is the most difficult meeting of the planning process. Connecticut has such a wealth of incredible students! Show off you talented students at the 2019 CABE/ CAPSS Convention!

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

ing with the Convention site staff to ensure a positive experience for all!

Due to the many moving parts, the planning process can be likened to putting a puzzle together. There is a very specific way the pieces fit together. We are fortunate to have a Committee that has the tenacity to stick with the puzzle for 12 months and is able to enjoy the outcome of their puzzle building.

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

If you have an interest in serving on the CABE/CAPSS Convention Committee, please contact Lisa Steimer at CABE at either 860-5717446 or lsteimer@cabe.org.

All of us who work very hard to create the CABE/CAPSS Convention year in and year out look forward to seeing you at the 2019 CABE/CAPSS Convention, Every Student, Every Story on November 15-16, 2019 at the Mystic Marriott Hotel in Groton.

CABE Journal Reprint Requests • Th e material in all CABE publications is copyrighted and may be

reprinted by permission only.

•A ll requests must be in writing. Permission will not be granted over

the phone.

•T o request permission to reprint content from the CABE Journal, CABE and CCM co-sponsored a program on the opioid crisis on February 26.

email Lisa Steimer lsteimer@cabe.org.

The Journal – Connecticut Association of Boards of Education | April 2019

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See You in Court – The Nutmeg Board of Education

Coach Rock, Student Achievement and Executive Session Thomas B. Mooney, Esq. Shipman & Goodwin

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

The members of the Nutmeg Board of Education want to do what they can to improve student achievement in Nutmeg, which has been lagging in comparison to neighboring towns. The problem has been that there is no money for new programs or for hiring additional staff members.

But after a “workshop” last week, the Board members came up with a way for the Board to encourage students to study harder and improve their performance at no cost to the school district.

At the conclusion of the discussion, veteran Board member Bob Bombast stated, “In Nutmeg, we are proud of our student athletes, and we want to be even prouder of them. So I propose that our student athletes at the high school must maintain a B average to be eligible to participate in extracurricular activities, starting next year. We know that our student athletes have the capacity to become ‘scholar athletes!’” The other board members chimed in, gushing about how great it will be for student athletes to up their game academically. Mr. Chairperson then invited Bob to present the motion.

With no further debate, the Board voted unanimously that, starting in 2019-2020, Nutmeg students will have to carry a regular load of five classes and maintain a B average in their courses to be able to participate in extracurricular activities.

The initial public reaction was surprisingly positive, and the Nutmeg Bugle published an editorial congratulating the Nutmeg Board of Education on its creativity. However, the Nutmeg Boosters expressed opposition to the new policy, and Coach Rock even tweeted that the Board would only implement this new policy “over my dead body.”

Bob Bombast was incensed to read of Coach Rock’s opposition to the policy, and he tweeted back at Coach Rock, “No loser coach will tell the Board what to do.”

Soon, battle lines were drawn on social media. The Nutmeg Boosters declared that the new Board policy was illegal because, as a member of CIAC, Nutmeg was bound to following the CIAC eligibility rules, which do not require that student athletes maintain a B average. Bob shot back on Facebook, calling the Boosters’ claims nonsense. Bob also pointedly warned Coach Rock in a series of tweets that he had better either get with the program or find himself another job.

Concerned over this continued controversy, Mr. Chairperson called a special meeting, posting it for “Discussion regarding employee insubordination,” and he asked Mr. Board Attorney to provide a legal opinion on next steps, which Mr.

Board Attorney promptly provided.

The room was packed with supporters of Coach Rock. Nonetheless, after calling the meeting to order, Mr. Chairperson convened the Board into executive session for the purpose of discussing Mr. Board Attorney’s legal opinion on next steps.

Coach Rock was irate at this turn of events. “I am warning you,” he shouted as the Board members cleared the room for the executive session. “You better not be discussing me. I demand that you do that in public!”

Can the Board have an executive session discussion of Coach Rock and his part in the controversy over higher standards for participating in extracurricular activities?

• • • • • • • • • • • • • • • • • • The Nutmeg Board of Education may have that discussion about Coach Rock’s insubordination in executive session. It is well known that a public agency may discuss “the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee” in executive session provided that the public officer or employee being discussed is notified in advance so that he or she may exercise his/ her right to require that the discussion be held in open session. However, there are other reasons for which a public agency (such as a board of education) may be in executive session, and the performance of an employee may come up in such discussions.

Here, the Board was properly in executive session to consider Mr. Board Attorney’s legal advice on “employee insubordination,” including next steps. The Freedom of Information Act provides that public agencies can convene into executive session when the discussion would reveal information contained in confidential documents. Here, the category of confidential records under discussion is “communications privileged by the attorney-client relationship,” and the Board had every right to discuss the legal advice from Mr. Board Attorney in executive session.

In conducting such discussions of legal advice in executive session, public agencies must keep three things in mind.

First, such legal advice must be in writing.

Second, when stating the reason for convening into executive session, the public agency must now state the topic of the legal advice. Finally, public agencies must be vigilant to limit such executive session to the legal advice under discussion, and not to use the executive session to have a more far-reaching discussion about the facts.

We note that the Board has the right to establish reasonable eligibility criteria for participation in extracurricular activities. By definition, such activities are not part of the curriculum that school districts must provide to their students, and the courts have ruled that participation in extracurricular activities is a privilege.

Accordingly, the Nutmeg Board of Education can establish criteria for participation as it may reasonably determine, even if such criteria are more rigorous than those

adopted by CIAC. Given that the policy change was perfectly legal, Coach Rock is treading on thin ice in joining with the Nutmeg Boosters to oppose the Board’s new policy.

“Insubordination” is commonly defined as willful defiance of a legitimate directive, and Coach Rock is threatening to do just that. Coach Rock better agree to implement the new policy or he faces termination. Conn. Gen. Stat. § 10-222e gives the right to coaches who have completed three years of service to receive notification within ninety days after the season ends if their contract is to be terminated.

However, the statute also provides that a coach’s employment may be terminated at any time (subject to a hearing if requested) “for reasons of moral misconduct, insubordination or a violation of the rules of the board of education, or (2) because a sport has been canceled by the board of education.”

Finally, we note that the Board adopted this new policy at a “workshop” meeting. The term “workshop” is not used in the Freedom of Information Act, and any board of education meetings will perforce be a “regular meeting,” a “special meeting,” or an “emergency meeting.” If a meeting is designated as a “workshop,” it is a special meeting, and as with any other special meeting under the FOIA, the board of education must specify the business

to be conducted in the posting of the meeting, and the board may not add items to the agenda at the meeting. Whether the Nutmeg Board of Education complied with these requirements here will depend upon when it posted the meeting and whether the posting included reference to this policy change.

CABE Policies and Bylaws for Consideration:

• Eligibility to Participate in Extracurricular Activities: #5135 • Booster Club/Organizations: #1230 • Attorney - bylaw: #9125 • Interscholastic/Intramural Athletics/ Sports: #6145.2 • Coaches, Evaluation of: #4115.3 • Board of Education - Work Sessions bylaw: #9321.1 • Time, Place and Notification of Meetings - bylaw: #9321 • Public and Executive Sessions - bylaw: #9322 • Disciplinary Action/Suspension/Dismissal: #4117 Attorney Thomas B. Mooney is a partner in the Hartford law firm of Shipman & Goodwin who works frequently with boards of education. Mooney is a regular contributor to the CABE Journal. Shipman & Goodwin is a CABE Business Affiliate.

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 | April 2019

The Journal – Connecticut Association of Boards of Education | April 2019

7

ALICE FORRESTER

(continued from page 1)

that, and we know what we’re doing is working. We see it in improved attendance and less school failure.

We’re constantly striving to find more funding for these services because kids throughout Connecticut in rural, suburban and urban settings alike need them, and we know that because we get calls weekly from every type of community looking to get services and trauma information to help their students and families.

Bob: I remember you worked in Newtown after the tragedy.

Alice: Yes, we were one of several agencies called to Newtown on December 14, 2012. We have been there ever since, actually, and to this day we have one full-time clinician there.

He has moved with the students who were first graders as they’ve changed buildings, and today he’s with them in the middle school. We learned a lot through that effort including how important it is to have dedicated resources.

For a time, we had four full-time clinicians there – one dedicated just to the teachers, with three others in classrooms. We learned that being in the classroom is highly effective since it allows engagement with the teacher and student in their environment and, as needed, therapy can occur in a private school-based office.

Bob: What else are you seeing in schools today?

Alice: The amount of stress students are living under is extraordinary.

Again, in ’16-’17, over 400 students in schools DeBeers was working with were screened for trauma and 43 percent reported exposure to somewhere between four and nine traumatic events. That’s much higher than the trauma screening data we have for the kids we see in our outpatient clinic.

It’s almost double, which means there are far more families burdened by trauma than anyone probably thought.

Bob: Do you just see these trauma rates in schools that are in cities?

Alice: No, actually we are finding this across the state. The Connecticut Health and Development Institute (CHDI) has implemented a learning collaborative on an evidence-based trauma treatment in the schools known as Cognitive Behavioral

CABE Executive Director Robert Rader sat down with Clifford Beers CEO Alice Forrester to discuss student mental health.

Intervention for Trauma in Schools, or CBITS. Through CBITS work in over 30 districts, CHDI has found data like we have in New Haven. Many of the students who have been identified as having a behavioral health issue or related problem have also been found to be suffering from post-traumatic stress disorder.

for school psychologists, teachers and administrators; individual therapy; embedded trauma-focused clinicians — all of this is needed. It moves the response to behavior from discipline to support. The idea is to think not What’s wrong with this child? and instead think What happened to this child?

Bob: Well, what can we do to help these kids, their parents, and their schools?

Bob: We’re seeing a lot of work across the State on building social-emotional skills.

Alice: I think there is a solution but I think we have to really look a little bit outside of the usual situations. I think mental health providers should be in the school, not to take the place of school social workers or psychologists, but to work very closely with them. I believe we also need to have a group of people who can actually be deployed to go into the home of the students known as care coordinators.

Care coordination — engaging with the families and informing them about their rights and how to advocate for the services they need — is really key to student and family wellness.

Alice: Social emotional learning is very important, and we’re interested in that work with teachers. Dr. Marc Brackett and the Yale School for Emotional Intelligence and Clifford Beers co-wrote a curriculum for teachers that looks at their own social emotional world as well as their experiences and knowledge of trauma. These kinds of sessions are harder to run for teachers because it is difficult to pull out six teachers from their classroom duties, but we think that this kind of ongoing support is much needed.

This work is grounded in the wraparound philosophy of care where the family builds a network of folks — friends, family, clergy, teachers, administrators — to be their support system. The idea is to strengthen the family and empower them to own their health and wellness. These comprehensive services are an important part of care, and they work. For example, for students and families with complex needs, after two school years of comprehensive services suspensions for those students dropped by 18 percent. That is significant!

There are a lot of different ways to offer help, too. CBITS groups, training

Many teachers are under dire stress themselves, and they can access support through their Employee Assistance Programs (EAP) resources which we believe are very under-utilized. Just as you want to have a specialized workforce for police officers who understand the trauma and stress they might be experiencing, you also want that kind of space for teachers.

kid who was not doing any of her homework for high school and a care coordinator got involved in the family.

We found out that by 5:30 the house was dark. There was no electricity in the house. The kid had no place to do her homework — at night she just stayed under the covers to try to keep warm. So, what we did was help the family get the electricity back on and made sure the family had the basic needs they needed. Guess what? The girl started to do her homework and did much better in school. Sometimes it’s simple.

Sometimes it’s food, sometimes housing. I think if we begin to really merge education and healthcare we will get a really big bang for the buck. We could really work together. All of us are interested in thriving families and children. You know that’s in the best interest of Connecticut — children and families that are healthy and well are not only less costly but they also become part of the productive economic fabric within the community!!

We really need to blend funding to do this. We need to knock down financial silos and think about how we can solve these types of problems collectively.

Schools are a natural place for this work. We can create a model of care that supports the children, the parents, the teachers, the administration, the support staff, the community — and have really wonderful outcomes!

Bob: What is your message for school board members, the new administration, and the newly-seated Legislature?

What do you think needs to be done?

Bob: Thank you, Dr. Forrester. We look forward to helping our members do more for struggling students and their families.

Alice: I’d like to start with hope. We see some really brilliant recoveries.

These are not “rocket science” recoveries. An example is a 15-year-old

About Clifford Beers To learn more about Clifford Beers, visit www.cliffordbeers.org.

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The Journal – Connecticut Association of Boards of Education | April 2019

Student Speech: Cards, Gifts and Invitations Christine Chinni, Esq. & Craig Meuser, Esq. Chinni & Meuser

The practices Connecticut public schools follow with regard to students handing out materials during non-instructional classroom time vary widely. But, in most schools, students are permitted to hand out holiday greetings, invitations to birthday parties, Valentine’s Day cards, and other personal items.

Schools allow this seemingly innocuous practice, often without any rules or guidelines, as a matter of course. However, allowing students to give materials to their classmates and other students in a completely unfettered manner can backfire. Below, we discuss some problematic scenarios that can arise, and possible solutions.

As a threshold matter, relatively few restrictions are allowed on student speech in the school setting. Unless the speech is lewd or vulgar and presented in a school-sponsored setting or event, is made in an official school-sponsored publication or performance, or encourages illegal drug use, courts will apply the liberal standard set forth in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).

Under Tinker, districts can ban student speech or expression only if it causes, or is likely to cause “a material and substantial disruption of the educational process.”

One Pennsylvania school district found out just how hard it is to meet the Tinker standard when trying to limit student speech at the elementary school level in the form of an invita-

tion to a church sponsored event. In Ayers v. Pocono Mt. School District, 710 F.3d. 99 (3rd Cir. 2013), a 5th grade student attempted to hand out flyers inviting students to a Christmas party at the church she and her family attended.

The school regularly allowed students to pass out invitations to birthday parties and Halloween parties, and Valentine’s dances during non-instructional time. In Ayers, the teacher, the school principal, and finally, the superintendent all refused to allow the student to distribute the flyer. The Superintendent explained that he had authority to approve or disapprove of all “non-school related flyers,” citing a board policy requiring prior approval for flyers “from civic organizations or special interest groups. . . to insure that such activities promote student interests primarily, rather than the special interests of any particular group...”

The student’s family filed suit on her behalf, seeking an injunction requiring the school district to allow her to distribute the flyer. The district argued that the flyer might create a safety concern, and also might lead parents to believe that the district was affiliated with or sponsoring the church party. The trial court, citing Tinker, granted the injunction. The Court of Appeals for the Third Circuit upheld the trial court, finding that there was no basis for any determination that the flyers would cause a disruption of the educational process, a safety concern, or a possibility of confusion concerning the district’s sponsorship of the church party.

The court noted that there was no factual basis for the district’s claim of a

safety concern, and also relied on the fact that the district allowed students to pass out invitations and other information about non-school parties and social events without regard to alleged safety concerns. Finally, the court believed that the school board’s policy was unconstitutionally vague because it allowed the superintendent to act in an arbitrary manner and exercise prior restraint against protected student speech.

While the facts in Ayers may seem unusual, similar cases have arisen around the country. Students have handed out candy canes with overt religious messages, pencils stamped with the phrase “Jesus Loves You,” and Valentine’s Day cards with religious themes. The issue arises more frequently than one might think.

As school board members and superintendents know, litigation can be time consuming, costly and risky.

Constitutional litigation can be more so, with outside groups providing support, financial and otherwise, to both sides. That appears to have been the case in Ayers. Several well-known advocacy groups supporting religion in the public schools represented the

student, presumably free of charge.

The American Civil Liberties Union was also involved in the case. Often, once a high profile case about student speech rights commences, it can be difficult for either side to back down without losing face.

Obviously, the easiest way to avoid such a dispute is to ban all student handouts during non-instructional time at school. However, the practice of handing out student Valentine’s Day cards, birthday party invitations, and similar items is so well-established, and favored by many parents and students, that a complete reversal would be extremely politically unpopular.

In the absence of a total ban, the best approach for avoiding disputes like the one in Ayers is to review your district’s practices and/or policies concerning student handouts with district leadership and board counsel, and discuss how you can ensure that all such requests are handled consistently, fairly and without discrimination, before any student speech dispute arises.

Chinni & Meuser is a CABE Business Affiliate.

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.

• • • • •

CABE-MEETING OFFERS:

Secure login access for board and district staff Access from any location with Internet access Search archived agenda and meeting related items in a flash Ability to download and print attachments Option to provide a public link to board meeting information

YOUR SUBSCRIPTION PROVIDES: • • • •

Access to CABE-Meeting Initial and ongoing training Support and maintenance Upgrades to the service

CABE MEMBER SUBSCRIPTION FEES: Initial Subscription – $3,000 Annual Maintenance – $1,500

CABE attended a forum on federal education issues hosted by Representative Rosa DeLauro in New Haven on February 22.

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 | April 2019

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CABE’S DAY ON THE HILL

Issues discussed included mental health services and special education costs.

A record crowd engaged with CABE staff and Legislators.

Education Committee Leadership, (l to r): Senators Eric Berthel and Douglas McCrory; Representatives Kathleen McCarty and Robert Sanchez all spoke to the CABE Day on the Hill participants.

CABE Executive Director Bob Rader welcomes the record-setting crowd to CABE’s Day on the Hill.

Participants generated valuable questions and conversation.

CABE Deputy Director and General Counsel Patrice McCarthy discussed CABE’s legislative Dianna R. Wentzell emphaCABE First Vice President Don- priorities with Fox 61. sized the need to focus on what ald Harris (Bloomfield) introworks well for students. duced Senator Douglas McCrory.

CABE Area 5 Co-Director Frances Walton (Ridgefield) commented on funding for public education.

Thomaston Superintendent Francine Coss described her small but effective central office structure.

CABE Deputy Director and General Counsel Patrice McCarthy and Sr. Staff Associate for Government Relations Sheila McKay shared a legislative update with participants.

Led by some of Connecticut’s public school students, CABE Day on the Hill participants marched from the Bushnell to the State Capitol.

CABE Vice President for GovernCABE State Relations Chair Jennifer Dayton ment Relations Liz Brown (Water(Greenwich) met with Representative Steve Meskers bury) emphasized the importance to discuss issues of concern. of advocacy.

Region 9 Superintendent Thomas McMorran shared experiences in his regional district.

CABE Area 2 Co-Director Leonard Lockhart (Windsor) and David Furie (Windsor) met with Rep. Tami Zawistowski.

Tolland board members Sam Adlerstein and Diane Clokey met with Representative Pat Wilson Pheanious to discuss Ann Sweeney (Waterbury) shared some of legislative issues.

Waterbury’s experiences.

Senators Douglas McCrory and Eric Berthen and Representatives Kathleen McCarty and Robert Sanchez expressed appreciation for CABE’s expertise and input on education issues.

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The Journal – Connecticut Association of Boards of Education | April 2019

The Media Message

by John Henry Smith, Senior Public Relations Specialist, Baldwin Media Marketing, LLC

How to Pitch a News Story… Who… What… When… Where…

Life is funny, isn’t it?

I’m a former sportscaster named John Henry Smith. And — after nearly two decades of frequently sparring/ pleading/bantering with public relations professionals to get the information I wanted, I’m now on the other side of that equation — that’s the “funny” part! I now work as a (FANCY TITLE ALERT!) “Senior Public Relations Specialist” with Baldwin Media Marketing in New Britain. CABE is a client, which means — CABE members — I now work for y-o-u.

Besides players constantly saying “we’ve just got to take it one game at a time,” a constant in my old sportscasting life was watching players and organizations squirm when faced with “offthe-field- incidents.” Back in the days before the 24-hour news cycle, selfies, and tweet-bombs, the public often went blissfully unaware when a coach uttered a racial slur in a packed restaurant or a player beat up a significant other.

Just as those days are LONG gone for the sports world, they’re also long gone for our nation’s schools. Now, when students make bad choices off school grounds, the consequences follow said student ON to school grounds—and right IN to the laps of school administrators. When — not if — your crisis comes, I want you to remember the example

However, when I asked about of former 49ers cornerback his anti-gay remarks, he Chris Culliver. uttered something about that In the lead-up to Super being in the past and wantBowl 47, the 49ers cornering to stay positive before his back started a firestorm reps swooped in and shut the when he infamously gave interview down. this answer to comedian These are the lessons I Artie Lange about whether want you to learn from this or not the 49ers had any gay misadventure in crisis manplayers in their locker room: agement: “No, we don’t got no gay people on the team, they gotta 1. Don’t put out a JOHN HENRY get up out of here if they do. statement that’s ripe for SMITH Can’t be with that sweet stuff.” ridicule – People had a field After the national media day with the “thoughts in and LGBT organizations shined a light my head… not how I feel” passage. Read on these remarks, Culliver’s P.R. reps first a statement aloud to yourself and a few helped him put out this apology: other people to get a clearer picture of “The derogatory comments I made how the public will actually perceive yesterday were a reflection of thoughts in it. If you have to delay putting out the my head, but they are not how I feel. It has statement a few hours, better to do that taken me seeing them in print to realize than to write the late night comedians’ that they are hurtful and ugly. jokes for them.

Those discriminating feelings are 2. Don’t qualify any apology – truly not in my heart. Further, I apologize It’s not a given you will feel the need to those who I have hurt and offended, to apologize for your students’ bad and I pledge to learn and grow from this behavior. But if you do, don’t say you experience.” apologize “to anyone who was offended” Later, his reps invited all local media or “to anyone I hurt.” I know the “to to look on as Culliver met and played anyone I hurt” line sounds innocent catch with an ailing child at the Ronald enough. But when emotions are raw, McDonald House. I did ask Culliver some will interpret that as a qualifier. It’s questions purely focused on the visit. just not necessary.

3. Don’t feed the media anything that smells like a load of transparent, overtly self-serving hooey – Culliver’s reps swore that the visit to the sick child was scheduled before the player made his offensive remarks. That may be so. But the optics here can lead many to believe he was using the sick child as a prop to help him repair his reputation. You may be tempted to take an action that — at its surface — appears to contradict the narrative being put out about your district because of student misbehavior.

As in point number two, consider this action very carefully to make sure you’re not coming off as shameless and shallow.

4. Let the media ask their questions – Shutting down questions from the media about a flashpoint incident will only serve to make them do more digging and more filling in blanks with information that may be incorrect.

Worse, it will make you seem like you have something to hide. Certainly, you can put limits on this interaction with the media—like telling them this will be the only press conference at which we will answer questions about this incident.

And, if you don’t know an answer, don’t be afraid to say, I don’t know.

I look forward to working with you all!

March Meeting of the State Board of Education

State Board of Education renews charters for two schools, dismisses the case against the City of Ansonia and praises the professionalism and hard work of members finishing their terms.

Rebecca Adams Rieder

Senior Staff Attorney, CABE

The March 6, 2019 State Board of Education meeting had a packed agenda, including consideration of two charter renewal applications for charter schools in Bridgeport and Stamford and deliberation on whether to dismiss a case against the city of Ansonia to provide the funding to Ansonia Public Schools required by law.

Charter Renewals

The State Board renewed charters for the Stamford Academy Charter School and Great Oaks Charter School in Bridgeport for two years out of a possible five, because of their historically low student performance, chronic student absenteeism and high student suspension rates.

State Board Chair Allan Taylor, complimented the Board for its recent work to hold state-funded charter schools – which operate independent-

ly of local control – more accountable for improving student performance and to maintain supportive and inclusive school climates.

Last year, the State Board renewed Stamford Academy’s charter for just one year and placed the school on probation. The one-year renewal was conditioned on the school’s development and implementation of a “16-point” corrective action plan which would reduce exclusionary discipline and improve student outcomes.

At the March meeting, Board members listened as school leaders described the school’s shift in focus from suspension to restorative practices, efforts to increase student attendance rates, and the changes in programming designed to raise SAT scores for their 159 high school students who come to the program under-credited and with below-grade-level achievement.

While encouraged by the progress

Stamford Academy has made, Board members cautioned the principal and board chair that they still had a long way to go in a short period, that would be over before they knew it.

Great Oaks Charter School, which opened in Bridgeport in 2014, serves 400 students in grades 6 through 9, came into its first renewal process with a steep uphill climb. Its student achievement in 2018 was below Bridgeport public school’s proficiency in both math and reading. Its student suspension rate of 26 percent is three times the state average of 6.8 percent and its turnover rate last year was about 25 percent.

The State Department of Education’s renewal report described students as substantially below standard proficiency rates and stated pointedly that Charter Oaks “must focus on providing increased explicit instruction in development of foundational skills in reading and math.”

Board members commented that they want the school to succeed and hope that in two years they would be looking at a completely different report. However, they agreed it would be “heavy lifting” for the new principal to implement the changes needed to turn the school around.

State of Connecticut v.

City of Ansonia

The State Board voted unanimously to dismiss the Department’s (SDE) complaint against the city of Ansonia. In recent weeks, Ansonia Public Schools and the city have reached a settlement that SDE legal counsel and the Attorney General’s office say complies with the municipal school funding requirement, known as the minimum budget requirement or MBR. However, State Board of Education members made it crystal clear that the case will be revived and revisited at a See MARCH MEETING page 17

The Journal – Connecticut Association of Boards of Education | April 2019

CABE participated in the school discipline collaborative on February 27 at which Meriden and Waterbury shared best practices.

CABE Deputy Director and General Counsel Patrice McCarthy spoke about shared services and regionalization with WTIC-AM's Ray Dunaway and Joe D’Ambrosio.

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The Journal – Connecticut Association of Boards of Education | April 2019

The Journal – Connecticut Association of Boards of Education | April 2019

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THE POLICY CORNER Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

A Policy Approach to Cybersecurity Schools and school districts face myriad challenging issues and threats which include natural, technological, and biological hazards. They must now prepare for human-caused cyber threats. Such incidents, whether accidental or deliberate, can disrupt education and critical operations, expose sensitive personally identifiable information of students, teachers and staff, and can lead to high recovery costs.

“A wide range of cybersecurity threats have been reported throughout the education sector, sowing discord and costing public schools significant time, money and trust,” reported Benjamin Herold in Education Week.

He states, “Criminal hacking groups have terrorized and extorted school communities. Email scams have led to identity theft, fraudulent tax returns, and stolen public funds. Mistakes by district staff, third party vendors, and other outside groups have left teacher and student information vulnerable.”

A survey conducted by the Education Week Research Center and the Consortium for School Networking, or CoSN, found that K-12 information-technology leaders are underestimating the current dangers. These dangers include cybersecurity threats such as ransomware attacks, phishing schemes, and data breaches. Few districts have taken basic steps to secure their networks and data.

The U.S. Department of Education warned of criminal hackers taking advantage of schools’ weak security by stealing or locking-up district sensitive data and then holding them for ransom. There have been hundreds of K-12 cybersecurity-related incidents reported in the past two years.

Cybersecurity is now a significant and growing issue as cyber-attacks continue to escalate and succeed.

Technology has enhanced record keeping, communication and teaching, but a cyber-attack on a vulnerable technology system can cripple school operations and result in the theft of student, staff, parent and other sensitive information.

The threat is many faceted. Students and staff can be and are frequent

“ Cybersecurity is now a significant and growing issue as cyber attacks continue to escalate and succeed.” sources of cybersecurity problems.

Some want to do harm; others cause problems because they don’t know any better.

The previously mentioned survey reported that school districts have done a poor job of ensuring that outside companies provide adequate cyber protections. The survey found that nearly 3 in 4 district technology leaders say they are not “adding security safeguards to vendor negotiations.”

School districts have spent heavily on digital devices, software and bandwidth, but little in cybersecurity.

As a result hackers have stolen vast amounts of sensitive information, including special education and behavioral-health reports on children. Hackers have breached security-camera systems that are Internet connected.

Employee tax information was compromised in a Connecticut school district due to a phishing scam. Other districts reported the phishing of sensitive employee information where hackers obtained the names, address, wages, and Social Security numbers of employees. A Georgia district had large sums of money stolen from employees by the rerouting of direct-deposit payments. Fake emails caused districts in Colorado and Illinois to lose hundreds of thousands of dollars in school construction funds.

Slow Reaction to the Problem Information-technology leaders have been slow to describe phishing attacks as a significant problem. This slow response may be due, in part, to the recent attention and legislation, including in Connecticut, around student-data protection. Districts have focused on identifying what informa-

tion is collected from students and how it is used, rather than focusing on keeping safe the full scope of sensitive information on district networks.

Another problem is the number of hacking incidents of school networks and software programs by students.

Across the country, students have improperly accessed student-information systems, online learning programs, and college-counseling programs, often to change grades. Student attempts to alter school records is not new.

Some students have found a teacher’s password or login credentials. This problem reflects the failure of schools and districts to take protective measures to safeguard networks.

“The biggest challenge to maintaining cybersecurity is not technology but people,” said Marie Bjerede, the principal for leadership initiatives at the Consortium for School Networking (CoSN).

NSBA Cybersecurity Initiative

The National School Boards Association (NSBA) recognized this growing problem and is providing community leaders and school board members with resources on cybersecurity and examples of best practices.

NSBA created “Cyber Secure Schools”, an initiative that provides information and resources in key areas. It can be accessed at nsba.org/ cyber. The information provided is clear, nontechnical, executive-level information tailored to school board members. The website assists board members with the most current resources, protocols and tools so policies and technology enhancements can be made in a timely fashion. Two timely

NSBA publications pertaining to this issue are “Data Security for Schools A Legal and Policy Guide for School Boards,” and “School Board Communication at Risk.” These can be downloaded from the NSBA website.

CoSN, in conjunction with Mass Networks Education Partnership in Allston, Mass. has produced the “Cyber Security for a Digital District” program. This source contains a list of questions for administrators to ask about cybersecurity, a security self-assessment checklist and questions the superintendent should direct toward his/her chief technology officer.

It can be accessed at: http://www. cosn.org/sites/default/files/8QuestionsCS.pdf

Policy Implications

Districts must recognize that they are vulnerable to cybersecurity issues.

Costs to improve cybersecurity are increasing. Most districts pay more attention to what technology can do to educate students or to operate a district than in how to protect it. That, while natural and reasonable, is also problematic.

Good cybersecurity programs in a school district should cover three basic elements. They must include back-up systems, redundancy of critical systems, and emergency plans.

Schools cannot ignore the need to plan for cyber threats in their emergency operation plans.

A new policy, #P3520.14, “Cybersecurity” with an accompanying administrative regulation has been developed. This policy is in addition to other policies related to this topic.

They include the following, which are available upon request form CABE’s Policy Department: • P3520 - Data Basic Information Management System • P3520.1 - Information Security Breach and Notification • P3520.11 - Electronic Information Security • P3520.12 – Data-Based Information Management System • P3520.13 - Student Data Protection and Privacy/Cloud-Based Issues

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Michelle Embree Ku

We began profiling the CABE Area Directors in the January issue of the CABE Journal. CABE Area Directors and Co-Directors serve on the CABE Board of Directors and provide a vital communication link with the CABE Board of Directors and regional and local boards of education.

This month, we profile our Area 5 Co-Directors Michelle Embree Ku (Newtown) and Frances Walton (Ridgefield).

What made you want to join your local Board of Education?

EMBREE KU: In the years leading up to my decision to run for the Board of Education, there had been quite a bit of division in the community over budgets. I had been involved in advocating for adequate school funding and a charter revision addressing the referendum process.

I was in the process of applying for a grant to host a community

The Journal – Connecticut Association of Boards of Education | April 2019

Meet the CABE Area 5 Co-Directors conversation about education when I was asked to run for the Board of Education. I couldn’t manage both, and decided that being on the Board of Education would be a great opportunity to be part of the conversation about education from a more intimate perspective.

WALTON: I was a member of the PTA and I saw how important advocacy was around educational issues and specifically the budget.

There were a number of budgets that passed by small numbers and one even failed. A Board member resigned unexpectedly and I interviewed for the seat and then ran for election in the fall.

How long have you served on your local Board of Education?

EMBREE KU: I have been on the Board for five and one-half years.

WALTON: I have been a Board member for four years.

What are you most proud of in your work on your local Board of Education?

EMBREE KU: I am most proud of our Board for the respectful conversations we have about some very difficult issues. By listening to staff, community and each other, we have been able to put in place increased safety and security, more mental health and social and emotional supports, personalized math pathways and a later school start time for our middle school and high school students. The teamwork of Board members, Superintendent and school staff have been central to making these moves successful, particularly the change in school start time.

WALTON: Last year was extremely difficult as there were a number of leadership changes in the district. I hope that I helped to

Frances Walton

facilitate a smooth transition for the Board and the administration.

Why did you join the CABE Board of Directors?

EMBREE KU: Being a Board of Education member can be difficult.

From the implications of Freedom of Information Act to navigating public relations, and from understanding roles and responsibilities to weathering town politics, CABE serves as an incredible resource and support system, helping Board members navigate the job. Being a member of the CABE Board of Directors allows me to support the work that CABE does for districts and Board members.

But frankly, by being on the Board of Directors, I also reap the benefits of the support, wisdom and advice from my colleagues from around the state.

WALTON: I realized that if you understood the developments that See AREA DIRECTORS page 17

The Journal – Connecticut Association of Boards of Education | April 2019

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CABE: Working for YOU

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

We did this:

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

z Participated in meeting of the CABE/ CAPSS Convention Committee debriefing from last November’s Convention and preparing for this year’s. z Spoke before Kent Board of Education to discuss the Board rejoining CABE. z Launched the 2019 CABE Leadership Institute. z Policy information was provided to 30 districts and one newspaper on 61 topics in response to 68 requests. 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 administration of medication, search and seizure, graduation requirements, adult education, student residency and attendance, and special education. z Provided roles and responsibilities training for the Sprague Board of Education. z Trained CREC Council on the use of CABE-Meeting. z Provided roles and responsibilities training for combined Region #1, Canaan, Cornwall, North Canaan, Sharon, Salisbury, and Kent boards of education. z Responded to 51 requests for legal and labor relations research and information from 27 districts and three law firms.

• Hot topics included, How the MBR differs in non-alliance districts from Alliance Districts; holding meetings without a quorum under the FOIA, when rescheduled regular meetings are special meetings under FOIA, FOIA requirements for holding electronic meetings via Skype, job descriptions for different categories of paraprofessionals, handling and investigating staff discrimination complaints, selection of designated high schools, standards of progressive

discipline, record retention requirements when students transfer out.

B y helping school boards to increase student achievement:

z Sent two issues of “Policy Highlights” via email listserv covering topics that affect student achievement. This included access to CABE’s core policy manual, freedom of speech issues, homeless students, changes to Title IX regulations, and cybersecurity issues. z Held planning meeting for Lighthouse training for the Montville Board of Education. z Provided Lighthouse module on Community Leadership Part 1 for the Ellington Board of Education.

B y promoting public education:

z Presented three Communication Awards to the Glastonbury Public Schools. z Participated in a public forum in Shelton on education funding. z Attended meeting at CAPSS of retired superintendents. z Worked with graduate level class of future teachers to explain roles of boards of education at UConn. z Worked with class of prospective superintendents at Sacred Heart University.

B y attending Professional Development to strengthen staff knowledge and skills:

z Attended ConnPELRA bargaining workshop covering the union perspective on handling the Janus decision, how to calculate the cost of bargaining proposals, trends in arbitration, including hard zeros in the Waterbury and Hartford contract arbitration decisions.

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

z Prepared materials for Ansonia, Branford, New Haven, Region #5 and Sharon as part of the Custom Policy Service. z Shared the Governor’s budget townby-town ECS numbers with members when the budget was released. z Spoke with National School Public

Relations (NSPRA) leadership about Connecticut schools public relations. z S poke with staff at Iowa School Boards Association about school board member candidate resources and training. zP rovided webinars on the Governor’s budget and regionalization proposals.

B y providing services to meet member needs:

z Met with the Cheshire Board of Education to discuss roles and responsibilities. z Attended CABE/CCM workshop on opioid use. z Prepared materials as part of the Custom Update Service, for East Hampton, North Stonington, Windham, and Union. zC ompleted the audit of the policy manual of the Westport Public Schools. zC urrently in the process of auditing the manuals of the Danbury Public Schools and Falls Village (Canaan). zP rovided professional development on Title IX complaint and investigations in two districts. zW orked with CASBO to provide Board of Education proposed budget numbers to members.

B y helping districts operate efficiently and conserve resources:

z Updated the Model Student Handbook for the 2019-2020 school year. z Performed non-certified staff contract analysis and negotiations support for five districts. z Participated in negotiation sessions

in two districts.

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

z Met with representative of Everyday Democracy on issues of common interest. z Attended meeting of the Legislature’s Commission on Equity. z Participated in meeting of the CT Voices Steering Committee on College and Career Readiness. z Prepared testimony on legislation impacting public education. z Met with various legislators to discuss pending legislation. z Attended numerous public hearings and legislative committee meetings. z Attended CREC Council meeting. z Participated in a conference call with Governor Lamont on his budget proposals. z Attended a meeting with Rep. Rosa DeLauro. z Attended CCM meeting on legislative issues. z Participated in webinar with Connecticut Commission for Educational Technology on ISTE Educational Leadership standards. z Attended meeting of Connecticut Commission for Educational Technology. z Presented at the National Business Institute workshop regarding student data privacy, FERPA, and social media: cyberbullying and student free speech rights.

Did You Know?

For the price of CABE dues, your board and superintendent are eligible for: • Unlimited tailored workshops on issues such as FOIA, roles and responsibilities, board self-evaluation, and goal-setting.

• Unlimited advice on key educational issues from knowledgeable, expert professionals who have great experience helping boards better serve their communities.

• Access to our network of school board members across the State for their advice and recommendations on issues before you, including special email groups for board chairs and Alliance districts.

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The Journal – Connecticut Association of Boards of Education | April 2019

BOOK REVIEW:

Leadership in Turbulent Times by Doris Kearns Goodwin Robert Rader

Executive Director, CABE

Doris Kearns Goodwin’s Team of Rivals came out in 2005. Its central idea was that Abraham Lincoln had the humility, ability and wisdom to bring together his strongest rivals, each of whom thought they should be president, to govern the country as we headed into the Civil War. Lincoln’s political genius was not only in putting Seward, Chase and Bates in his cabinet, but understanding their needs and desires. Empathy, that critical aspect of social-emotional intelligence, enabled Lincoln to get the best out of them. By the end of the war, the “country bumpkin,” with his homespun humor and stories, united these rivals. They realized that this man had almost superhuman wisdom and ability to deal with the toughest issues faced by any president.

Dr. Goodwin’s new book, Leader-

ship, goes further in providing us with lessons from four presidents, each of whom faced different conditions. She characterizes Lincoln as a “transformational” leader, as he not only won the Civil War, but, signed the Emancipation Proclamation, which freed the slaves in territories taken over by the Army.

Theodore Roosevelt was, to Goodwin, a president who provided “crisis leadership”. While president, he was faced with a coal strike that threatened the nation—“[w]hen the people needed help, Roosevelt’s spirit could not tolerate ‘any implication that the government of the United States was helpless.’” He summoned the head of the union together with the coal company leaders. This conference failed, but Roosevelt came up with another idea: a Blue Ribbon Commission. if that failed, Roosevelt was ready to send the Army to the coalfields to keep

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order. After a battle to determine who was on the Commission, “after 163 days of deadlock, the potentially most devastating strike in American history reached a peaceful conclusion.”

President Franklin Roosevelt provided “turnaround leadership” as he turned a country that was demoralized from the Great Depression and got it believing in itself again. He went to Congress and, over the first 100 days of his administration, wrote new laws and built new agencies to get people working. He developed a virtual alphabet of them: the TVA, FHA, FCC, CWA, PWA, WPA and NYA. His ability to turn around the country to fight World War II effectively is barely mentioned as Goodwin concentrates on the first days of his administration.

Dr. Goodwin is best associated with Lyndon Johnson. She worked with him mostly after he left the White House, after he was burned so badly on the Vietnam War that he wouldn’t run for reelection in 1968. She calls him a “visionary” leader in that he was able to use the time after President Kennedy’s assassination to unite the country and get the Civil Rights Act, the Voting Rights Act, increased aid to education, Medicaid, Medicare and Head Start passed. Johnson had a vision of what would help people, especially as the civil rights struggle raged. He was a genius when it came to moving Congress, since he had been Senate Majority Leader and had spent much of his life there.

Goodwin makes this book easy to use as a guide to the four types of leadership. She even provides the lessons of the four as we read. For example, in the chapter on Lincoln signing the Proclamation, she breaks parts of the narrative with leadership lessons geared to what the president was doing: • “Acknowledge when failed policies demand a change in direction.”

• “Gather firsthand information,

ask questions.”

• “Find time and space in which to think.”

• “Exhaust all possibility of compromise before imposing unilateral executive power.”

The book begins with chapters on the early lives of the four presidents and discusses how they shaped the types of leaders they would become.

FDR, for example, learned humility and relentless drive after he contracted polio in the nineteen twenties. Teddy, who lost both his mother and his wife on the same day when he was a 25-year-old legislator, went West to strengthen himself physically as well as mentally.

Board Members and Superintendents

Leadership on a school board is, of course, very different than replacing a popular general, as Lincoln did with McClellan or the officer telling other soldiers to take an enemy position, like Teddy at San Juan Hill. It is more in the spirit of building consensus and trust and then working together to move forward.

Team will remain my favorite of Goodwin’s books. I remember limiting my reading to three pages a night--I wanted to take my time with it, since it was so interesting and well-written.

This book, which contains both history and leadership advice may come in second.

People reading this book will gain insights and knowledge that shows how these four presidents had such an impact on our nation and the world.

I urge those who like history, good writing and thoughtful lessons on leadership, to read it.

Leadership in Turbulent Times was the common read for this year’s CABE Leadership Institute. The cohort discussed it at its April 10 session.

“ The best leader is the one who has sense enough to pick good men to do what he wants done, and the selfrestraint to keep from meddling with them while they do it.”

– Theodore Roosevelt

The Journal – Connecticut Association of Boards of Education | April 2019

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Why Do We Emphasize Diversity?

Robert Rader

Executive Director, CABE

During the last few years, the CABE Board of Directors’ Diversity Committee, chaired by First Vice President Don Harris, has worked on helping boards have “hard conversations” about diversity among teachers, administrators and boards of education. The last is unique: when I attend national conferences, it is rare that a state school boards association plays any role in encouraging and helping specific groups of citizens to serve on boards.

Please don’t misunderstand what we are trying to do. We have no intention of unseating any board members who are now serving. We are merely suggesting that when an opening occurs on a board, those who decide on who should take the seat consider putting a representative of an underrepresented group on the Board. For example, we know that the percentage of African-Americans and Hispanic/ Latino board members lags their overall representation in Connecticut and in the nation as a whole.

While racial diversity is of major concern, there are others who are usually underrepresented: members of the LGBTQ community, those with disabilities and others. This should not be a partisan issue and it should strengthen your board’s effectiveness.

If we truly believe that boards

MARCH MEETING

(continued from page 10)

formal hearing at the April meeting if the city does not transfer the $800,000 it has agreed to provide.

In addition, Board members questioned a condition of the deal requiring district officials to provide extensive and detailed financial documentation about the district spending on special education students and services.

The chairman, Allen Taylor, asked what the city was looking to do with that data. Members Joe Vrabely and Don Harris pointing out that state law gives school boards, not city officials, control over how school dollars are spent, and expressed concern that the Board of Aldermen were “over the line” and into the roles and responsibilities of the Ansonia Board of Education and administration.

Attorneys for SOE determined last month that an earlier tentative settlement did not comply with the law and sent the parties back to the table.

should represent their communities, we need to help those who might otherwise not be heard. At least one study shows that when people of color serve on a board, they are more likely to be sensitive to the needs of students like them. Often these students need to have advocates in their corner.

How will your board benefit if it does what we’ve suggested?

It will help your Board develop deeper ties to that portion of your constituents, but it will do more: Just as we are doing this, so are other groups, like associations. In the Associations Now 2019 Board Brief, published by the American Society of Association Executives (to which Patrice McCarthy and I belong), appears an article discussing the payback of diversity and inclusion on boards of directors of associations. Those benefits also apply to school boards.

The article, Board Diversity and Inclusion: Finding Deeper Inspiration,

by Deal-Williams and De Cagna, sets out these personal and organizational reasons for doing this work: • A more diverse and inclusive board will make all [board members] smarter. At a time of great societal transformation, a more inclusive and diverse board will “have the powerful opportunity to deepen your thinking through exposure to ideas, insights, and perspectives from peers with life and work experiences different from your own.”

The revised agreement now includes $800,000 in city funding 2018-19 and an increase in the 2019-20 school year to $850,000, bringing the city’s total to $32,110,484.

Assistant State Attorney General Ralph Urban told the Board and the parties, in no uncertain terms, that the Board will reinstate the complaint and hold a formal hearing next month if the city fails to transfer the funds.

Recognition of Board Members

Chairman Allan Taylor presented certificates of appreciation to Joseph Vrabely, Erin Benham, Terry Jones, Maria Mojica, and Estela Lopez, at their last meeting as members of the Board. Fellow Board members thanked the outgoing members for their dedication in supporting equitable high quality education for all students and for their commitment to teamwork and checking politics at the door.

CABE offers these members thanks for your service to public education and sends its best wishes to each of you for the next chapter.

• A more diverse and inclusive board will make all [members] more empathetic. Empathy strengthens board members’ ability to “see the world through the eyes of other people… you will be better able to recognize and examine your own assumptions and biases, demonstrate humility, and appreciate the unique personal narratives of everyone you serve, including your peers at the board table.”

• A more diverse and inclusive board will make all [board members] more collaborative. The demographic, social, educational and economic transformations we are seeing today “requires each [member] to make a personal commitment to collaboration. The choice to be collaborative involves a willingness to put the good of the group [or our districts] ahead of your own priorities and interests and to generate new and different solutions.”

The authors also discuss what they call “discovering deeper inspiration” as a board works on these issues and make these suggestions for success. I included my own thoughts with them: • Be intentional and fully integrate the importance of diversity into every aspect of board members’ experiences. In the recruitment of possible board members, orientation of those chosen, ongoing professional development and other

activities, communication and action around the commitment should continue.

• Recognize limitations in carrying this out. For instance, there may be few people of color in your community who want to serve on a school board. Just letting members of the community know that they are welcomed can sometimes work wonders.

• Acknowledge mistakes you might make as you go forward. The authors write in terms of preventing “any errors in judgment or practice from undermining the effort to improve board diversity and inclusion.”

Don’t be reluctant to give a heartfelt apology, if appropriate, since this work treads on difficult and sensitive terrain.

I would also add, as we have found in some of our diversity work, that it is slow and never really ends. Boards should understand that as they go forward.

I am very proud of this CABE effort to encourage more diversity and inclusion on our school boards and of those districts who are having these difficult conversations and the action they generate. We also have been more intentional in doing this for our own Board of Directors. We will continue this effort.

Please contact us if we can help on this subject in any way. Feel free to call me to get a copy of the ASAE article.

AREA DIRECTORS

districts voice at the Capitol. And I appreciate the information that comes from CABE regarding the implications of legislation.

WALTON: Communication of all policy and legislative issues – we couldn’t keep up to date with all the proposals and CABE has a wealth of experience that informs the potential impacts of any changes.

Looking back to when you first joined your local Board of Education, what one piece of advice would you give to the newly elected you?

EMBREE KU: Pay attention to the details, but don’t get caught up in the weeds.

WALTON: Don’t read social media! If you must, remember to do it with a sense of humor.

(continued from page 14)

were happening in Hartford and at the federal level, you would be more effective on the Board. I also think that communication with other local Boards can offer valuable insight into a range of issues we all face.

What do you see as the most important work CABE does?

EMBREE KU: Perhaps, the most obviously important work that CABE does is helping Board members navigate the job responsibilities, whether it is through the organization’s publications, workshops and institutes or the annual convention.

However, the most fundamentally important work that CABE does is the involvement in helping influence legislation and ensuring that we are apprised of how it affects our districts.

The CABE staff and Government Relations members are key to giving

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The Journal – Connecticut Association of Boards of Education | April 2019

The Waterbury Teachers’ Interest Arbitration Award…

Are We Heading Back to the “Hard Zero”?

Zachary D. Schurin, Esq. Pullman & Comley

The 2018-19 season for certified Connecticut teacher and administrator contract negotiations is officially in the books. Somewhat surprisingly, the 201920 certified negotiation season ended with only one true interest arbitration award for certified teacher and administrator bargaining units.

The Waterbury teachers’ interest arbitration award was issued on January 17, 2019 by a three-person arbitration panel. Pursuant to the Teacher Negotiation Act, the award was then transmitted to the City’s Board of Aldermen, the City’s legislative body, which had the authority to reject the award by a two-thirds majority vote and send it to a second arbitration panel. The Board of Alderman instead elected to approve the award so the award is now final.

The Waterbury award is interesting for a number of reasons, but is perhaps most noteworthy because the arbitration panel (by a two-to-one vote and with a rare written dissent by the dissenting arbitrator) awarded the Waterbury Board of Education a “hard zero” for the 2019-20 school year. As a result, next year Waterbury teachers will stay exactly where they are in terms of wages and will not receive either a general wage

increase (“GWI”) or salary schedule step-increase.

Is the Waterbury award the start of a new trend? Are we back to the era where boards of education can expect to get at least one hard zero per three year contract? Is Connecticut’s economic picture so gloomy and future ECS funding so precarious that we can expect zeros as the norm going forward?

Probably not.

The Waterbury award needs to be understood in the context of Connecticut public-sector binding interest arbitration, which requires arbitration panels to choose between the last best offers (“LBO”) submitted by the parties.

Arbitrators are statutorily bound by the Teacher Negotiation Act (and Municipal Employees Relations Act) to choose between the two offers submitted by the parties. They cannot “split the baby” -- it’s one or the other. Often this constraint looms large over an award.

This seems to be especially true in Waterbury. For the 2019-20 school year, the Board of Education proposed “no general wage increase over the salary schedule for the 2018-19 school year.”

(The Board’s LBO did not affirmatively state that there would be no step-movement for 2019-20, which became a significant point of contention in the

award.) The Waterbury Teachers Association’s LBO proposed a 2.25% GWI without step-movement.

In awarding the LBO of the Board of Education, the panel chair emphasized that the arbitrators lacked the authority to simply award a GWI figure they deemed appropriate and were instead bound to pick between the offers submitted: The Chair believes strongly that the evidence on the financial capability of Waterbury would support, and the teachers deserve, a modest salary increase for 2019-2020. In the Chair’s opinion the zero last best offer of the Board is too low but the 2.25% last best offer from the Association is too high. . . . The statute commands that the Panel select one of the two last best offers.

And, on balance, given our appropriate statutory constraints, the financial capability of Waterbury favors the last best offer of the Board.

The panel’s award of a zero-percent GWI for 2019-20 thus seemed to be less about whether a hard zero was appropriate and more about the fact that the Union’s LBO of 2.25% appeared to be too high. As the comment above suggests, the arbitration panel likely would have awarded a total salary increase somewhere between 0% and 2.25% if

such an offer was on the table, either in the form of a lower GWI or some combination of GWI and step-movement had GWI and step-movement been split into separate issues. Notably, the arbitration panel awarded the Board’s LBO of a salary and insurance premium cost-share reopener in the second and third years of the contract.

Every interest arbitration case turns on its own merits. While there are certainly some common considerations that impact virtually every community in Connecticut (the overall health of the state and national economy, the state budget, etc.) other features are unique.

Waterbury and Greenwich, for instance, obviously differ in their ability to pay board of education employees.

By the same token, as the Waterbury case illustrates, an arbitration award cannot be understood just by looking at the final GWI or final contract language awarded by the arbitration panel. Interest arbitration is a choice between last best offers and this feature of the process needs to be taken into consideration in evaluating whether past arbitration awards provide meaningful guidance in future negotiations or arbitrations.

Pullman & Comley is a CABE Business Affiliate.

The Journal – Connecticut Association of Boards of Education | April 2019

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CABE at Work for You at the State Capitol

CABE State Relations Chair Jennifer Dayton (Greenwich) testified before the Education Committee.

CABE Vice President for Government Relations Liz Brown (Waterbury) testified before the Black and Puerto Rican Caucus on February 19.

Canton Board Chair Julie Ausere testified on behalf of CABE at the hearing on regionalization on March 1.

Essex Board Chair Lon Seidman and Superintendent Ruth Levy testified at the hearing on Regionalization on March 1.

LEARN (RESC - Regional

Educational Service Center)

seeks a new Executive Director.

Application deadline is April 19, 2019.

For more information visit

MARY BRODERICK, ED.D SENIOR CONSULTANT

https://www.CABE.org/ page.cfm?p=1481

For more information contact

CABE Search Services

81 Wolcott Hill Road, Wethersfield, CT 06109

860-608-1763

Equal Opportunity Employer

Union Board Chair Andrew Estell testified at the hearing on Regionalization on March 1.

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The Journal – Connecticut Association of Boards of Education | April 2019