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www.cabe.org
Vol. 23, No. 3
March, 2019
View from the Capitol
Advanced Manufacturing in Two Connecticut High Schools
Patrice McCarthy
Deputy Director and General Counsel, CABE
Chris Seymour Reporter, CABE
March is Board of Education Member Appreciation Month Lisa Steimer
Sr. Staff Associate for Professional Development and Communications, CABE
The month of March is Connecticut Board of Education Member Appreciation month. This is the perfect opportunity to say “thank you” to the hard-working and dedicated board members in your district. We encourage you to recognize the time and effort they devote to board business during the course of the year. Use #BoardAppreciationMonth and #THANKYOU when thanking your Board members on social media. This year we have added to the Connecticut Board of Education
81 Wolcott Hill Road Wethersfield, CT 06109-1242
Connecticut Association of Boards of Education Inc.
Public hearings are occupying the time and attention of both legislators and CABE’s Advocacy Staff. With the release of the Governor’s budget on February 20, work is proceeding in earnest in all of the legislative committees. The deadline for the Education Committee to act on bills before the Committee is April 1st, and the Appropriations Committee deadline is May 3rd. Topics under discussion include regionalization, classroom safety, and funding. This is the critical time for board members and superintendents to be in communication with their legislators. CABE’s Day on the Hill on March 20 provides a perfect opportunity to visit your legislators. Watch for our Advocacy Highlights for important and timely information.
Member Appreciation toolkit facts about Connecticut’s School Board members and quotes you can use in recognizing Board members. You can also access customizable materials such as editorials, new releases, suggestions for saluting school board members, and more in the Members Only section of the CABE website https://www.cabe.org/page.cfm?p=1459. You may also purchase Thank You Hershey bars and “Out of the public schools grows the greatness of a nation” note pads at https://www.cabe. org/page.cfm?p=1281&pback=1239. On behalf of all of us at CABE, we thank our members for the dedication they show not only to each child in their districts, but also to each child in Connecticut! You make a difference!
Advanced manufacturing initiatives in two Connecticut school districts are introducing students to valuable information and skills that are helping lead them down a career path. In Derby, the high school began offering an advanced manufacturing program this year, while Wallingford three years ago started an advanced manufacturing pre-engineering class at Mark T. Sheehan High School. Wallingford is also collaborating with the AARP to bring retired workers from advanced manufacturing businesses to both of its high schools to mentor career and technical education teachers and help out in the classroom. In Derby, the high school began offering a two-year advanced manufacturing program last fall. “It’s in partnership with Housatonic Community College and what we have basically done is mirror their program within the high school to be able to provide direct access to high school students to that program, so that they can participate in the courses as well as earn college credit at the same time they are earning high school credit,” said Derby Superintendent Matthew Conway. See MANUFACTURING page 4
Crowdfunding the Right Way
Board Members Lobby Congress
One Woman’s Board Experience
Connecticut Results in LGBTQ Survey
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Periodical Postage PAID Hartford, CT
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The Journal – Connecticut Association of Boards of Education | March 2019 PRESIDENT COMMENTARY
Your Voice Matters Robert Mitchell President, CABE
The Connecticut General Assembly is now in session and, along with our new Governor and a new administration, is starting to prioritize what will happen in Connecticut for the next two years. Now is the time to get busy! New Education Committee Co-Chairs and potentially a new Commissioner of Education (as well as potentially new State Board of Education members), mean a lot of conversations will be taking place regarding Connecticut’s public schools. A change in leadership, also means the loss of some long-term institutional wisdom. We hope these new leaders will be looking to CABE and local board of education members for advice. However, we cannot assume that the questions will come forth or that important information that will help gauge whether new initiatives will even get to those decision-makers unless we all work to ensure it. As a locally elected official, your voice matters and should be at the table. How can you help influence decisions before it is too late?
What can you do?
First of all, make sure you are informed. The Connecticut General Assembly will discuss hundreds of bills this session, many of which will have a direct impact on your schools. Some may help us do our job better, but not always. Every board member should have some idea of what is going on at the State Capitol. CABE does its best to inform you of what is happening through the CABE Journal, broadcast e-mails from the Government Relations Department and events throughout the year. These events began with the CABE Delegate Assembly back in November where member districts debated
and voted on policy statements and legislative positions of the Association. In December, CABE’s State Relations Committee identifies the legislative priorities for the year. CABE works with our Area Directors, RESCs, school districts and others to support Legislative Breakfasts in each CABE Area. Legislators are invited to attend and hear concerns from board members and superintendents and to share their concerns for the Legislative Session. It is important for them to see a united front when discussing priorities, so the more board members who participate the better! It is also a great opportunity to hear what is being considered and how it might impact your schools. This is also an opportunity for you to meet face-to-face with your local representatives so that, should the occasion arise, they will have connected a face to a name when you contact them later on to follow up with them – and it is important for you to follow up. No one works effectively in a vacuum, and you can be sure that others, sometimes with conflicting agendas, will be out in force sharing their stories and doing their best to influence legislation to meet their needs. In the absence of voices supporting public schools, your schools may not receive the support they need. Please plan to participate in CABE’s Annual Day on the Hill on March 20. This is a great opportunity to help influence public policy. In the morning there will be a briefing to all participants about the hot issues being faced during the session. There are opportunities to meet and ask questions of legislative leaders. This is not only a great opportunity to communicate with elected officials, but to network with other school board members from all over the state. This is the best opportunity for us all to let the Connecticut General Assembly members
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 know we are united. I also strongly suggest you get involved with CABE’s Government Relation activities. Join a committee, sign up to testify, send e-mails, write letters or leave voice mails. Your voice, added to the dozens of other powerful voices can have a meaningful impact on what happens at the state (and federal) level.
What can your board do?
Actively seek out relationships with your local state representatives. Invite them to a board meeting to discuss legislation. Share your stories with them and remind them that you, too, were elected to represent the community and what you think matters! Help them understand what is happening in your schools and what you would like to see in the future. Give them a tour of your schools in order to help them understand what the consequences of their work will have on the children in your district. Some boards take official positions on pending legislation, declaring through resolutions that they support, or don’t support issues facing the General Assembly. A board resolution can be a powerful message. Some boards even draft proposed legislation and share it with their legislators. The main point is to be proactive. Make yourself and your board indispensable to your local representatives. Be the “go-to” person when they have a question about their work and its impact on schools. With or without our voices, things will be acted upon in Hartford during this legislative session. Your voice, added to the hundreds of other school board voices from across the state, can have a profound influence over what our schools will look like for the future. Please be involved!
EXECUTIVE COMMITTEE Robert Mitchell | President, Montville Donald Harris | First Vice President, Bloomfield Elizabeth Brown | V ice 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 Sean Nugent | Area 9 Director, Preston ASSOCIATES Eileen Baker | Associate, Old Saybrook Robert Guthrie | Associate, West Haven John Prins | Associate, Branford Robert Trefry | A ssociate, 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| C ity Representative, Stamford Charles Stango | City Representative, Waterbury STAFF
Robert Rader | Executive Director Patrice McCarthy | Deputy Director and General Counsel Rebecca Adams | Senior Staff Attorney Nicholas Caruso | Senior Staff Associate for Field Service and Coordinator of Technology Sheila McKay | Senior Staff Associate for Government Relations Vincent Mustaro | Senior Staff Associate for Policy Service Lisa Steimer | Senior Staff Associate for Professional Development and Communications Teresa Costa | Coordinator of Finance and Administration Pamela Brooks | S enior Administrative Associate for Policy Service and Search Services Terry DeMars | Administrative Associate for Policy Service Gail Heath | Administrative Associate for Government Relations Wilmarie Newton | Administrative Associate for Labor Relations Nancy Propfe | Administrative Assistant for Membership Services Corliss Ucci | Receptionist and Assistant to Executive Director
The CABE Journal (ISSN 1092-1818) is published monthly except a combined issue for July/ August as a member service of the Connecticut Association of Boards of Education, 81 Wolcott Hill Road, Wethersfield, CT 06109, (860) 5717446. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75. Association membership dues include a subscription for each board member, superintendent, assistant superintendent and business manager. The companies and advertisements found in The CABE Journal are not necessarily endorsed by CABE. “Periodicals Postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. Email: bcarney@cabe.org. Members can find the CABE Journal online at: www.cabe.org/ page.cfm?p=1024
The Journal – Connecticut Association of Boards of Education | March 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
Develop a Great Culture! Robert Rader
Executive Director, CABE
While I am a New York Giants fan, I very much admire the consistency of the New England Patriots (gosh, that was hard to write!). However, while my team will occasionally win a Super Bowl, it seems that by the next year, they have forgotten what they had done the year before. Stability and consistency for the Patriots is based on a number of things: having the same coach for many years, a superb quarterback, longtime coaches and, the expectation that they will win year after year. While switching out coaches seems to be the modus operandi for other teams, keeping the intense, no-nonsense Bill Belichik since 2000, has been a critical key to what the Patriots have been able to do — win six Super Bowls and appear in nine of them. (I won’t mention who beat him in two of the three Super Bowls games he lost.) Connecticut has its own model of consistency and stability: the University of Connecticut (UConn) Women’s Huskies Basketball team. Since he came to UConn 34 years ago, Head Coach Geno Auriemma, with the help of Chris Dailey, has won 11 NCAA national titles, appeared in 11 consecutive Final Fours and had six perfect seasons. Maybe his best record is that, according to the UConn website, “the Huskies boast a perfect 100 percent graduation rate among fouryear student-athletes while regularly participating in community service and outreach.”
Building the Culture
What have Belichik and Auriemma done? They have developed a culture on their teams that communicates to every player on the team, as well as the other coaches, what is expected of them. If one does not live up to the expectations they are either traded or benched. Superintendents of schools can be thought of as the “Head Coaches” of their school districts. Much like the coaches I’ve described, it is hoped that over time, superintendents will compile excellent records in the growth of
student achievement, community engagement, organizational management and other areas in their job descriptions and in their evaluations. Two 2018 articles in Usable Knowledge from the Harvard Graduate School of Education by Leah Shafer dealt with the importance of a strong culture in a single school, but it also is applicable to districts and the work of Boards and Superintendents. Associate Professor of Education Ebony Bridwell-Mitchell is paraphrased in the article: “researchers who have studied culture have tracked and demonstrated a strong and significant correlation between organizational culture and an organization’s performance.” As with Belichik and Auriemma, superintendents don’t build the culture on their own. They need the help of their Boards and by the other members of the Staff. Everyone must know what is expected of them. Here is how Shafer described what Bridwell-Mitchell said is a strong culture: there are “many, overlapping, and cohesive interactions among all members of the organization.” How do you develop such a culture? In a second article about Bridwell-Mitchell’s beliefs, Shafer said that there are six steps. While these are aimed at principals, the lessons are also helpful to Board members and Superintendents: 1. “Look in the mirror... Everything a leader does — her statements and philosophy, reactions to key events, energy and interaction style — influences culture in a powerful way.
If you want a collaborative staff, ask colleagues for advice early and often. If you want teachers to hold students to high expectations, reaffirm your own belief not only in young people but also in your staff. 2. Select staff wisely… When hiring and mentoring, ask questions that help reveal whether those beliefs and expectations align with the ones you want your school community to hold. Those beliefs and norms will only grow stronger in a tight-knit community. 3. Teach what you’d like to see. Create formal trainings and space for honest conversation about the attitudes, norms, and practices that are core to being a member of your school community. 4. Broadcast your vision. Every formal communication you have with your community should reflect and reinforce the culture. In every memo to staff, letter to parents, or address to students, make sure to: •h ighlight the future and what
your school has the potential to achieve;
•u se data and facts to reduce amSee DEVELOP A CULTURE page 16
How long does it take to build a good culture, one that will be truly institutionalized in a district? Here’s one answer, from East Hartford Superintendent Nathan Quesnel: “Building a winning culture takes time. It takes hours spent, conversations had and countless commitments followed through. You cannot expect to build a winning culture in an environment where leadership chaos and upheaval signal, ‘this too shall pass,’ to the entire organization. Rather, building a winning culture requires stability of leadership, the opportunity to galvanize a team around a shared vision and the opportunity to see plans through the valley of implementation to achievement.”
4 MANUFACTURING
(continued from page 1)
“The Housatonic advanced manufacturing instructors come to Derby, teach the classes and students will matriculate through all of the courses,” Conway continued. “And once they graduate, they’ll complete their internship through Housatonic with a local manufacturer to then receive the certificate” in advanced manufacturing. Students at Derby High are taking classes on blueprint reading, solid works, bench work and milling, according to Conway. A cohort of 14 students in grades 11 and 12 started the program in the
The Journal – Connecticut Association of Boards of Education | March 2019 fall. “That cohort just finished the first three courses and they're now starting their second three courses,” said Conway. “And we have a new cohort starting their first three courses this semester.” The second cohort contains 12 students and was opened up to students in grades 10, 11 and 12. “You're getting students interested and the most important part of this is a livable wage—they're able to gain employment making a livable wage,” said Conway. “For those who want to go on to complete their Associate's degree, they're already 36 credits into the program,” added Conway. “They can
then … go on to a higher level manufacturing degree and or engineering degree. So it really creates that pathway for them but economically they’ll be able to support themselves as they go through it.” Derby Board Chair Jim Gildea stressed the importance of the advanced manufacturing program. “The reality of the situation is that while we try to advocate that our students pursue further education, for a variety of reasons, that is not always the outcome we see. As educators, it is important that the school system prepare all of our students for the world outside,” said Gildea. “Advanced manufacturing is a vehicle to ensure that our students are skill-ready to face the challenges that await them when they graduate,” he added. “Additionally, as Director of Manufacturing at Bigelow Tea, I see first-hand how difficult it is to fill some of our core manufacturing jobs. Those who complete our advanced manufacturing program can be job ready in the manufacturing arena and will be able to make a livable wage once they graduate high school and complete their internship.” Wallingford Superintendent Sal Menzo explained the genesis of the Wallingford program. “The way this idea with AARP was born was I said, 'I would love to get some retired individuals—either from the machinists' union or advanced manufacturing businesses—who would be willing to come in and mentor our teachers to help them understand the practical use of a CNC machine or welding,”' said Menzo. “Our teachers, while they are great teachers and we don’t want to lose them, they don’t have the authentic, relevant experience in advanced manufacturing,” added Menzo. The program is “a win-win-win,” according to Menzo. “The retirees will be recognized for the talent that they have and can still share,” Menzo added. “Our teachers can grow in their capacity and our students would then be able to see their teachers as lifelong learners as well as they would reap the benefit of having a retired expert help assist with the class.” While the effort is currently in the process of being organized, so far about a half a dozen retirees have expressed interest in the program. The hope is that the retirees will be helping out at Mark T. Sheehan and Lyman Hall high schools this fall. “In March we are looking to have a gathering of the five or six who are interested and at that time we would like to have our teachers meet them and kind of have them match themselves,” said Menzo.
“Our goal this year would be just to have anyone who is interested meet with our staff and kind of be a critical friend — look at our curriculum, identify if there are areas that can be improved, identify areas that they can offer some quick opportunities for us to implement,” said Menzo. “And then next year do it more systemically. We are hopeful that we will be able to offer a little money to the retirees” to show them that “we value their time and respect their time as well.” Menzo explained there is a need for programs like the one in the works in his district. “Manufacturers in Connecticut have been concerned about the workforce that they need to have in order to sustain themselves and for large companies like Electric Boat, Lockheed Martin and Pratt & Whitney, there is the supply chain of smaller businesses that really make those companies functional,” stated Menzo. “In Wallingford we have a lot of businesses, a lot of advanced manufacturers who are concerned because they don’t necessarily have the workforce they need right now nor will they have the workforce as their employees start to retire,” continued Menzo. “So what we have been doing as a district for the last few years is we have been working with the businesses to identify ways we can support them.” With that in mind, the advanced manufacturing pre-engineering class became an offering at Mark T. Sheehan High School three years ago. “The goal of that was to begin to give students a little bit more information about the professions in advanced manufacturing,” said Menzo. The program with the AARP is about taking things “to the next level,” according to Menzo. “I am not looking to replace my teachers whatsoever — I am looking to take them to the next level. Programs like this have to become more of the norm rather than the exception,” said Menzo. “The overarching goal of this initiative is to provide authentic learning opportunities to a group of students who may be considering a different post-high school pathway rather than the traditional four-year collegiate experience,” said Wallingford Board Chair Roxane McKay. “Working with experienced retired seniors educating our students on specific trade skills provides a unique opportunity for those students,” added McKay. “This program offers real life experience to truly understand what a career in manufacturing could look like. Additionally, it is our hope that the seniors who participate in the program are also enriched by the experience.”
The Journal – Connecticut Association of Boards of Education | March 2019
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See You in Court – The Nutmeg Board of Education
Social Media and First Amendment Protection Thomas B. Mooney, Esq. Shipman & Goodwin
The Nutmeg Board of Education makes many mistakes. The latest imbroglio created by the board will be reported here each issue, followed by an explanation of what the board should have done. Though not intended as legal advice, these situations may help board members avoid common problems. As the Nutmeg Board of Education was preparing to reconvene into open session after completing its executive session discussion last week, veteran Board member Bob Bombast told the Board to hold up because he had a concern. Mr. Chairperson recognized Bob, “OK, Bob, but it’s late so keep it short.” Bob thanked Mr. Chairperson and explained, “I heard from a friend that Tom Teacher has been on Facebook trashing the Board. I want to know what Mr. Superintendent is going to do about it.” Mr. Superintendent looked puzzled. “I have no idea what you are talking about. I have better things to do than to monitor the social media accounts of the 500 teachers in Nutmeg. Who’s this ‘friend’ talking about Tom Teacher behind his back? And what is Tom Teacher supposed to have said?” “I am not going to reveal my source,” Bob responded. “But he told me that Tom Teacher has posted on Facebook that the members of the Nutmeg Board of Education are idiots and that Mr. Chairperson couldn’t find Robert’s Rules of Order with both hands and a flashlight.” Now Mr. Chairperson shared Bob’s concern. “We need to get to the bottom of this. Mr. Superintendent, I want you to meet with Tom Teacher ASAP and report back to the Board. It’s bad enough that we have to put up with parents slamming us on social media. But we don’t have to let our own employees take shots as well.” Mr. Superintendent wasted no time. The next day, he called Tom Teacher down to the central office and laid it on the line. “We have it on good authority that you have been insulting the Board on your Facebook page. I am directing you to sign on to your Facebook account so I can see just how bad it is.” Tom smirked at the directive, but he complied. Soon, Mr. Superintendent was leaning over Tom’s shoulder and reading Tom’s Facebook page. “So, it’s true!” he exclaimed. “Your posts are just as bad as I thought.” Mr. Superintendent then placed Tom on leave and printed out the offensive posts. Mr. Superintendent had the posts scanned, and he sent them by email to the Board members. However, be-
fore Mr. Superintendent could follow up with a call to Mr. Chairperson, the phone rang. The President of the Nutmeg Union of Teachers was on the line. She explained that she did not agree with Tom’s rants on Facebook, but she asked Mr. Superintendent to drop the matter and return Tom Teacher to duty. “Tom Teacher has the right to express his opinion about the Board members and to share it with the world. Remember the First Amendment?” she chided. Mr. Superintendent reflected on whether he would rather fight with Tom Teacher and NUTS or with the Board members who employ him, and he chose the former. “Sorry, but we cannot put up with teachers undermining the good work of the Board of Education. Tell Tom Teacher that he has twenty-four hours to submit his resignation or I will initiate termination proceedings,” he responded. Is Mr. Superintendent on solid ground? • • • • • • • • • • • • • • • • • • • • No, he is not. Tom Teacher has free speech rights here. Moreover, both the Board and Mr. Superintendent violated other rights Tom Teacher has. The problem started when Bob Bombast talked about Tom Teacher during the executive session. That discussion was improper because the topic was not on the agenda. Moreover, the Board never notified Tom that it would discuss his employment in executive session. Boards of education (and other public agencies) have the right to discuss the “appointment, employment, performance, evaluation, health or dismissal” of their employees and other public officials (including themselves) in executive session. However, the individual discussed has the right to require that the discussion as to him or her be held in open session, and public agencies are thus required to notify the individual in advance of the discussion to permit him or her to exercise this right. Mr. Superintendent also violated a relatively new right employees have. In 2015, the General Assembly enacted Conn. Gen. Stat. § 31-40x, which provides in relevant part that employers generally may not “(2) Request or require that an employee or applicant authenticate or access a personal online account in the presence of such employer.” Persons whose rights are violated may file a complaint with the Connecticut Department of Labor, which has the right to “levy against the employer a civil penalty of up to five hundred dollars for the first violation and one thousand dollars for each subsequent violation, and (2) award such employee all appropriate relief includ-
ing rehiring or reinstatement to his or her previous job, payment of back wages, reestablishment of employee benefits or any other remedies that the commissioner may deem appropriate.” Conn. Gen. Stat. § 31-40x(g). Finally, Tom’s comments on his Facebook page are protected speech under the First Amendment. In considering the free speech rights of public employees, we start by separating speech “pursuant to duty” from speech more generally. One speaks “pursuant to duty” when fulfilling one’s job responsibilities, and the United States Supreme Court has ruled that such speech is not subject to First Amendment protections. If Tom had described the Board members as “idiots” at a Back-to-School Night, for example, that speech would not be protected, and Tom would be subject to discipline (though termination for a first offense would likely be too extreme). By contrast, when a public employee engages in speech as a private individual, he or she has First Amendment protection, subject to the following. First, the speech must relate to a public concern; speech regarding private, personal grievances is not protected. Here, the cognitive ability of the members of the Nutmeg Board
of Education is a matter of public concern on which Tom was free to comment. Second, the courts will apply a balancing test to determine whether such speech is protected by the First Amendment, i.e., the courts will consider whether the importance of the speech outweighs its disruptive impact. Most such speech is not truly disruptive at all. A common concern regarding disruption, however, is whether the speech will affect close working relationships. Given that concern, Mr. Superintendent, for example, should certainly keep his opinion on the Board members’ cognitive ability to himself. However, Tom does not work directly with the Board, and his harsh judgment will not be disruptive of district operation. As such, it is protected speech. 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 | March 2019
The Journal – Connecticut Association of Boards of Education | March 2019
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Crowdfunding the Right Way: DonorsChoose.org and Your District Keya Wondwossen
Director, Advocacy and Public Partnerships, DonorsChoose.org
DonorsChoose.org was founded in 2000 by Charles Best out of his Bronx history classroom as a way to fight education inequity. The nonprofit was built with the idea that people would want to help public school teachers get extra resources for their classrooms, if they could see exactly where their dollars were going. Teachers from across the country create projects requesting the resources their students need most, and donors or all stripes support the projects that most inspire them. The community of donors who give to classrooms through DonorsChoose.org also support local district goals and initiatives. In Connecticut, DonorsChoose.org works closely with partners such as the Dalio Foundation and The RISE Network. Funding from these partners helped Ms. Grimes’s lower elementary students in Bridgeport receive Zenpad Tablets for engaging literacy and math enrichment, and fueled 150 Cesar A. Batalla School seventh graders’ trip to the New York City Museum of Natural History. By teaming up with citizen donors across the country, Donors Choose.org corporate and foundation partners have helped even more Connecticut projects come to life. In the past 19 years, DonorsChoose.org has generated $790 million from more than 3 million donors for public school classrooms. In Connecticut specifically, the site has raised more than $12 million for classrooms across the state. And unlike other crowdfunding platforms, the DonorsChoose.org team works
hard to inspire funders from outside teachers’ personal networks — in fact 75 percent of all donations come from donors and organizations who don’t personally know the teacher they’re supporting. Crowdfunding can be a powerful tool to gain classroom resources, and our platform is designed to address the specific transparency, accountability, and safety needs of public school students, teachers, and administrators. The DonorsChoose.org team has partnered with organizations like NSBA and AASA to ensure the platform is setting the bar for PreK–12 crowdfunding best practices.
Financial transparency and accountability
Crowdfunding sites that purchase and send resources directly to verified schools, instead of depositing cash into teachers’ personal bank accounts, are best at ensuring accountability and integrity. Along with this, DonorsChoose.org offers radical transparency, giving school board members free, automatic reporting on the resources going to their district: https://www.donorschoose.org/districttools. You can even select the frequency of how you would like to receive these reports.
Support for internal materials and supplies controls
When resources are received through a crowdfunding platform, those resources should become school property to benefit the students. The best crowdfunding sites notify principals when items are being shipped to schools, and provide line-by-line reporting of every district upon
Did You Know?
For the price of CABE dues, your board and superintendent are eligible for: • Advocacy Highlights, Policy Highlights and other emailed updates, as well as the CABE Journal with information on current issues and best practices. •P articipation in the CABE Leadership Institute. •C ABE Student Leadership Awards.
request resulting in clear documentation. DonorsChoose.org supports these policies, and along with offering free reporting, also notifies principals by fax every time resources are being shipped.
Student safety and privacy
Crowdfunding sites used by teachers must have mechanisms and protocols for protecting student privacy and the ability to work with districts to meet their individual needs. Every project on DonorsChoose.org is reviewed by our team before posting, to make sure we aren’t collecting or sharing any information that would put students at risk. Many districts choose to codify policy to ensure teachers and stakeholders are fully aware of safe crowdfunding best practices. A strong policy defines the opportunity and also lays out best practices. You can find a model crowdfunding policy here as you consider ways to support your
educators while also ensuring they are safe: http://bit.ly/crowdfundingmodelpolicy. Also see CABE’s recommended Policy 3281.1, Online Fundraising Campaigns – Crowdfunding. Board members can provide support and encouragement to teachers hoping to get classroom resources on platforms by helping principals set up teacher trainings, giving teachers logo and branding guidelines for creating projects, and more. And schools that find the most success and funding on DonorsChoose.org are led by principals, district leaders, and board members who work with teachers to align DonorsChoose.org project requests with the school’s strategic imperatives and goals. Whether you are looking to boost STEM learning, build libraries with culturally relevant texts, or even host engaging speakers for students, DonorsChoose.org can help you achieve your goals, as it has done for over 840 schools across Connecticut.
C.O.P.S
What will provide YOUR district? • A policy manual updated within days of a board meeting. • Access to your policy manual 24/7 anywhere with Internet capability. • Timesaving links to legal and cross references. • A search engine specifically designed for board policy manuals. • The ability to search other online districts for similar policies or language. • A happier staff that will have less paper to deal with.
If you would like additional information on CABE’s Connecticut Online Policy Service (C.O.P.S.), call
Vincent Mustaro at 860-571-7446 or email vmustaro@cabe.org for full details
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The Journal – Connecticut Association of Boards of Education | March 2019
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 Met with Southern Connecticut Superintendents (SCASA), the Western Connecticut Superintendents, South Fairfield and the South Eastern Superintendents (SECASA) on their priorities, legislative concerns and how CABE can help. z Responded to 17 requests for information and/or legal research requests from 8 districts regarding complying with the freedom of information, general school board governance, policy, and roles and responsibilities of boards and superintendents and municipal legislative bodies z Provided Roles and Responsibilities training for Region 4 and Voluntown Boards of Education. z Answered 64 requests for policy information for 34 districts and one RESC on 47 topics. Further, districts continue to access CABE’s online Core Policy Reference Manual and/ or online manuals posted by CABE for policy samples. The topics of greatest interest included the use of restraint/seclusion/exclusion, child abuse reporting, special education issues, administration of medicine, service animals and graduation requirements.
B y helping school boards to increase student achievement:
z Collaborated with School Governance Council (SGC) presidents in Waterbury to develop programing for professional development for all SGCs, with a focus on large city SGCs, about successful initiatives in improving student attendance and performance, and establishing an effective line of communication with parents. z Provided Lighthouse training for the Greenwich Board of Education. z Sent two issues of “Policy Highlights” via e-mail listserv covering topics that affect student achievement. This included school nutrition programs, school retention, and teen e-cigarette use. z Participated in meeting of Equity and Excellence conference committee.
B y promoting public education:
z Participated in the Area 3
(Ellington) Legislative Breakfast and the CREC/CABE/HASA Legislative Breakfast. z Discussed legislative issues on WTIC and WATR.
B y attending Professional Development to strengthen staff knowledge and skills:
z Participated in NPELRA webinar about negotiating trends and contract language related to the US Supreme Court decision prohibiting non-union members from being forced to pay agency fees. z Participated in NPELRA webinar about changes to Title IX regulations and guidance and wage and hour laws.
B y ensuring members receive the most up-to-date communications:
z Prepared materials as part of the Custom Policy Service for East Windsor, New Haven and Stamford. z Entered into a contract to develop a new manual for the Sharon Public Schools. z An agreement was entered into to update the manual of the Woodbridge School district. z Trained members of CREC staff on CABE-Meeting.
B y providing services to meet member needs:
z Together with CAPSS, sponsored second workshop on Developing Partnerships to Transform School Districts, to help Board Chairs and Superintendents work effectively together. z Responded to 22 requests for legal/labor relations research and information from 12 districts and providing written memos regarding topics including: • Process and considerations for Boards hiring professional vendors, including legal council • Trends in non-certified sick bank language and use • Analysis of Region 4 application for waiver from the MBR and the SDE denial of the waiver even with the unusual circumstances and substantial supporting evidence of true reductions in expenditures from declining enrollment and changes and collaboration in other areas. • Accommodations for persons with disabilities at board meetings and in the way board information is distributed and communicated
•T ransportation to non-designated high schools •A nti-nepotism, relationships with board members and administrators, in hiring in school districts •L imitations on a local school district’s ability to use selfgenerated revenue and required agreement with the municipality z Facilitated Board self-evaluation for the Stonington Board of Education. z Facilitated town meeting for the Region 11 Board of Education. z Prepared materials as part of the Custom Update Service, for East Hampton, Gilbert School, Marlborough, New Fairfield, New Hartford, Newington, Putnam and Sterling. z Completed the audit of the policy manual of the Montville Public Schools. z Currently in the process of auditing the manual of the Westport Public Schools and the Danbury Public Schools.
B y helping districts operate efficiently and conserve resources:
z Began negotiation sessions for noncertified contracts for district in Litchfield County. zD elivered training – process and best practices for investigating staff complaints of discrimination, including Title IX complaints, for two districts.
B y representing Connecticut school boards on the state or national level:
z Met with Steven Hernández, Executive Director of the Commission on Women, Children and Seniors, on equity issues and the Parent Leadership Training Institute. z Met with biggest five districts (Bridgeport, Hartford, New Haven, Stamford and Waterbury) representatives on how CABE can help them. z Attended Scribes Institute Gala where Area 2 Director Bryan Hall (East Hartford) was honored. z Met with Connecticut Conference of Municipalities (CCM) Executive Director Joe DeLong on issues of mutual concern. z Met with CAPSS Executive Director Fran Rabinowitz about issues on which both associations are working. z Met with CT Mirror reporter Jacqueline Rabe Thomas on housing
issues. z Attended NSBA Equity Institute and Advocacy Institute, as well as Executive Director’s Liaison Committee, Winter Institute and Nominating Committee meetings z Met with Yale representatives and Fran Rabinowitz on a socialemotional learning survey. z Met with Executive Director Alice Forrester of the Clifford Beers Clinic. z Participated in CT Voices Career and College Readiness teleconference. z Met with Connecticut Council on Education Reform (CCER) Executive Director Shannon Marimon on issues of mutual concern. z Participated in teleconference of Steering Committee for SEL4CT (Social Emotional Learning for Connecticut). z Attended State Board of Education meeting. z Met with legislative and committee leaders to discuss education issues. z Lobbied Connecticut’s Congressional Delegation in Washington, DC. z Attended Educator Fingerprinting Task Force meetings. z Met with the governing boards of ACES, C.E.S., and LEARN to discuss legislative issues. z Met with the New Haven Register and New London Day editorial boards to discuss the legislative session and CABE’s priorities. z Provided legislative update to CREC Council. z Met with OPM Secretary McCaw to discuss special education funding and procedures. z Participated in School-Justice Partnership meeting. z Met with WhatWillOurChildrenLose Coalition, (CABE, CAPSS, CASBO and CAS). z Attended CCSU forum with Lt. Governor Bysewicz and legislative leaders. z Presented workshop on Legal Implications of Technology Policy to the EASTCONN Technology Council. z Presented workshop on Technology Policy issues for the EASTCONN Technology Council. z Attended the CAPSS Board of Directors meeting.
The Journal – Connecticut Association of Boards of Education | March 2019
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Board Members Lobby Congress in Washington Patrice McCarthy
Deputy Director and General Counsel, CABE
Members of CABE’s Executive Committee and staff spent several productive days in Washington in late January. The National School Boards Association (NSBA) held its annual Equity Symposium, which
focused on identifying and eradicating discriminatory practices, prejudices and beliefs in education policy. Keynote speakers included Dr. Kandice Sumner, Restorative Justice Specialist for the Boston Public Schools, and Laura Murphy, a Policy Strategist focusing on civil liberties and civil rights. Breakout sessions included topics addressing
childhood trauma and the need to support resiliency and mental health literacy in our schools. Since half of all mental health disorders begin by the age of 14, the need to support the emotional wellbeing of students is critical. In Connecticut, CABE is continuing to work with Marc Brackett at the Yale Center for Emotional Intelligence to
improve social and emotional learning. The following two days were spent at the NSBA Advocacy Institute where both Senators Lamar Alexander and U.S. Secretary of Education Betsy DeVos addressed the group. With renewed energy, we proceeded to a full day of lobbying members of Connecticut’s congressional delegation.
(l. to r.) CABE Sr. Staff Associate for Government Relations Sheila McKay, CABE Federal Relations Chair Becky Tyrrell (Plainville), Superintendent Sal Pascarella (Danbury), NSBA Director Lydia Tedone (Simsbury), and CABE Deputy Director and General Counsel Patrice McCarthy ready to storm the U.S. Capitol on behalf of Connecticut public school students!
(l. to r.) CABE Immediate Past President Ann Gruenberg (Hampton), NSBA Director Lydia Tedone (Simsbury), CABE Federal Relations Chair Becky Tyrrell (Plainville), and CABE Deputy Director and General Counsel Patrice McCarthy attended the NSBA press conference launching the initiative to reauthorize and fully fund IDEA.
(l. to r.) CABE President Robert Mitchell (Montville), CABE Sr. Staff Associate for Government Relations Sheila McKay, CABE Immediate Past President Ann Gruenberg (Hampton), and CABE Deputy Director and General Counsel Patrice McCarthy met with Rep. Joe Courtney (center) who has been a strong supporter of public schools since his tenure in the Connecticut House of Representatives.
(l. to r.) CABE Federal Relations Chair Becky Tyrell (Plainville), NSBA Director Lydia Tedone (Simsbury), CABE Immediate Past President Ann Gruenberg (Hampton), and CABE Deputy Director and General Counsel Patrice McCarthy met with Rep. Jahana Hayes (second from left), former Connecticut and National Teacher of the Year, who shared her passion for public education.
(l. to r.) CABE Sr. Staff Associate for Government Relations Sheila McKay, CABE Deputy Director and General Counsel Patrice McCarthy, and CABE President Robert Mitchell (Montville) met with Rep. Rosa DeLauro (second from right) who recently assumed the important role as Chair of the Labor, Health and Human Services, and Education Appropriations Subcommittee.
CABE Area 2 Co-Director and East Hartford Board Chair Bryan Hall used the NSBA Advocacy Institute meeting as an opportunity to invite Education Secretary Betsy DeVos to visit East Hartford Public Schools. Also pictured, CABE Executive Director Robert Rader.
CABE Area 2 Co-Director and East Hartford Board Chair Bryan Hall, and CABE Executive Director Robert Rader spoke with Rep. John Larson on the importance of the reauthorization of IDEA. Rep. Larson shared information about the Social Security bill he would introduce the next day.
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The Journal – Connecticut Association of Boards of Education | March 2019
Meet the CABE Area 4 Director Joan Trivella
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 Board of Directors and regional and local boards of education. This month, we profile our Area 4 Director Joan Trivella (Brooklyn).
What made you want to join your local Board of Education?
TRIVELLA: Our First Selectman at the time, reached out to me due to a sudden mid-term vacancy on the Brooklyn Board of Education. Having served actively in the community in a variety of ways and as the PTO President, my interest was anything for the betterment of the students of Brooklyn.
How long have you served on your local Board of Education? TRIVELLA: Nine years with the
Brooklyn Board of Education which allows me to represent Brooklyn on The Woodstock Academy Board of Trustees for six years and on the EASTCONN Board for three years. It is many meetings, but the time is productive and well spent and I get the unique perspective of three boards serving children of varying ages and abilities.
What are you most proud of in your work on your local Board of Education?
TRIVELLA: I am most proud of the success our students achieve academically, athletically and artistically despite dwindling funds and resources. I believe we, as a Board make decisions that positively impact the students and in difficult times result in the least impact to students. Our mission statement is that The Brooklyn School will foster a drive for learning within each student to reach his/her greatest potential. To achieve this mission,
the school will continually improve its educational programs and services to meet this community’s expectations for a quality education for all.
Why did you join the CABE Board of Directors?
TRIVELLA: I joined because of the positive experiences attending the annual CABE Convention (networking and learning), the robust ongoing offerings of Board related educational opportunities that CABE consistently provides to Board members and the positive engagement with CABE’s professional staff focused on the betterment of Connecticut’s children through effective leadership.
What do you see as the most important work CABE does?
TRIVELLA: The most important work CABE does is staying agile and current on issues that affect Connecticut’s children. Every board member
has a resource available for any related concern, question, advice or guidance and that resource is CABE. During my tenure I have reached out countless times for assistance on a variety of topics and someone at CABE provides an answer or direction. That support is invaluable.
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? TRIVELLA: The same advice I give every candidate: choose thoughtfully and wisely, do not make this choice for the notoriety – there isn’t any - it is about the kids. Carefully consider it is your responsibility to invest the time, effort and energy to commit and be passionate about what is best for kids. Make no mistake it is much more than one meeting a month to be effective and you will be rewarded in student pride and laughter!
The Journal – Connecticut Association of Boards of Education | March 2019
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The Journal – Connecticut Association of Boards of Education | March 2019
UNDERSTANDING CONNECTICUT’S FOIA
So you want to hire a new superintendent: What does the FOIA permit (and require)? Mark J. Sommaruga, Esq. Pullman & Comley, LLC
We are approaching a time of year where a board of education may have to deal with its longtime and (hopefully) beloved superintendent deciding to retire or otherwise move on to another chapter in his or her life. Any feelings of sadness (or any other emotions) must be replaced by the fact that the board now has to hire a new superintendent of schools. While getting the “right” person is paramount, the board still has to ensure that it complies with everyone’s favorite law, Connecticut’s Freedom of Information Act [“FOIA”]. Here are some practical pointers regarding this process. 1. Hiring a Search Firm: The board may wish to utilize the services of a search firm to assist it with filling the position. The board could meet in executive session to: a). listen to interested search firm candidates (if there had been an RFP process, with written proposals received from the firms) and then deliberate regarding their proposals, and b). regardless of the process used, discuss draft terms for a contract with a search firm. Of course, the board’s vote to hire (and enter into a contract with) a search firm must be in public. 2. “ Personnel Search Committees” and the Screening Process: As for its actual search, the board could vote to create a personnel search committee. Such a committee, when formed with respect to an “executive level” position (such as a superintendent), is exempt in its entirety from the FOIA and its open meetings and notice/posting requirements. The appointment of such a personnel search committee is useful in that it protects the privacy rights of those being interviewed and avoids the need of the board to take official action in narrowing the field of candidates (even to the final recommended candidate) as part of the interview process. The FOIA also protects from disclosure any records of a personnel search committee which would reveal the identity of a candidate (without that candidate’s consent). The board could a) appoint itself as a personnel search committee, 2) designate one of its standing committees to serve
as a search committee, or 3) create a new committee (which could even include non-board members). In addition, even if the board were to appoint itself as a search committee, it could also still designate a subcommittee to conduct a portion of the screening.
and to enter into a contract. The benefit of the FOIA’s search committee exemption -- especially if the board designates itself as such a committee -- is that the actual winnowing down of the applicants, even to the final candidate, can be done in private.
“ Not all gatherings of a board committee ostensibly acting as a search committee will be considered exempt from the FOIA’s meetings and postings requirements.”
PLEASE REMEMBER: Not all gatherings of a board committee ostensibly acting as a search committee will be considered exempt from the FOIA’s meetings and posting requirements. A personnel search committee is exempt from the FOIA’s requirements for only as long as it is engaging in activities protected by the search committee exception. Based upon the FOIA, the Freedom of Information Commission [“FOIC”] views the role of a personnel search committee for purposes of this FOIA’s exemption as limited to 1) reviewing resumes, 2) interviewing and screening candidates and 3) considering and recommending the selection and appointment of an individual for the position. 3. Th e actual hiring: When the board then considers a recommendation from a personnel search committee to hire a specific candidate, including consideration of the terms of employment, such as salary, for that candidate, it could discuss the possible appointment at a duly noticed meeting in executive session. Such a discussion would clearly implicate the FOIA’s executive session exception for discussions concerning the appointment or employment of a public employee. Of course, after deliberating over the specific recommended candidate and contract terms, the board will then have to vote in public to hire the superintendent (with a specific motion that identifies the person being hired)
However, once you have done that, the “regular” FOIA reemerges, with the need to have specific enough agenda items and public motions and votes, including a)
appropriate motions to enter executive session, b) votes to appoint or “elect” a superintendent, and c) votes with respect to the superintendent’s contract. At this point, private consensus without an actual public vote is improper. ONE FINAL WARNING: Given the importance of the position that is being filled, it is imperative that the board get this process right. Without serving as a plug for business for lawyers, this might be a good circumstance to contact your board’s legal counsel to seek advice regarding the proper motions and actions. It would not be a good start to the superintendent/board relationship for the FOIC to exercise it discretion to declare the board’s votes to hire and enter into a contract with the “new” superintendent to be null and void. Attorney Sommaruga is the author of “Understanding Connecticut’s Freedom of Information Act” (5th Edition 2018). Pullman & Comley is a CABE Business Affiliate.
The Journal – Connecticut Association of Boards of Education | March 2019
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The Journal – Connecticut Association of Boards of Education | March 2019
The Policy Corner Vincent A. Mustaro
Senior Staff Associate for Policy Service, CABE
Changing Dress Code Policies Clothing is a primary means for expressing ideas for students. Schools often grapple with whether to enforce strict dress code policies that may interfere with a student’s right to selfexpression. Boards of education may create and enforce dress codes, but must do so without violating student constitutional rights. Many Connecticut school districts have a dress code policy. Within certain limits such codes are enforceable. They must promote legitimate educational interests. These interests include the need to avoid disruption of the educational process, student safety or maintenance of the physical plant. The code must be enforceable and fairly applied. As students grow and develop their identities, they often use clothing as a way to express their identities and beliefs. The landmark U.S. Supreme Court case, Tinker v. Des Moines Independent Community School District (1969) upheld the rights of students to wear black armbands to protest the Vietnam War. The Court ruled that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Decades later, school districts continue to implement dress codes which are considered harsh, resulting in punishment for non-compliant students. Reasons cited for these codes are based on claims that stringent dress codes increase the emphasis on academics, disperse gang activity and reduce pressure stemming from socioeconomic status. However,
The NSBA Annual Conference and Exposition will be held March 30-April 1 in Philadelphia, PA. Conference registration and housing are now open. Register online at www.nsba. org/conference.
the American Civil Liberties Union (ACLU) indicates that dress codes can violate a student’s First Amendment right to freedom of expression and a parent’s Fourteenth Amendment right to raise their children as they choose. The ACLU believes dress codes are legal provided they do not “treat boys and girls differently, force students to conform to sex stereotypes, or censor particular viewpoints. This includes protection for transgender, non-binary gender, or any other students who may choose to dress in nontraditional ways.” The goals of existing dress codes are to promote a safe, disciplined school environment, to prevent interference with schoolwork and discipline, and to encourage uniformity of student dress. Therefore, dress codes that prohibit clothing that is vulgar, obscene or worn in a manner that disrupts school activity are generally permitted. Dress codes that censor student expression because educators do not like the message are generally not permitted. Dress codes have been adopted that may prohibit students from wearing certain clothing that follows the latest fashion trend or clothing that supports a particular sports team, religion or political point of view because they may draw attention away from the school’s learning environment. Current district dress codes represent a variety of content and some possible restricted clothing choices. Schools have implemented dress codes to address a range of issues, some controversial. Social media platforms along with a resurgence of student activism has prompted protests against attire rules. Sasha Jones, in Education Week, stated that “School dress-code controversies have been trending on the web in recent months, fanning a controversy over whether schools are enforcing the rules in ways that discriminate against girls.” Such protests have criticized dress codes as sexist in that they unfairly target girls by body-shaming and blaming them for promoting sexual harassment. Documented cases indicate female students being chastised by school officials sent home,
or barred from attending events like a prom. Further, gender non-conforming and transgender students have clashed with such policies on the grounds that they rigidly dictate how students express their identities. This has resulted in some districts sending transgender students home for wearing clothing different than what’s expected of their legal sex at birth. Li Zhou, in The Atlantic, indicated that “Dress codes given the power they entrust school authorities to regulate student identity can, according to students, ultimately establish discriminatory standards as the norm. The prevalence and convergence of today’s protests suggest that schools not only need to update their policies they also have to recognize and address the latent biases that go into creating them.” The restrictions and severity of dress codes vary widely across states. The National Center for Education statistics indicated that 53 percent of public schools enforced a strict dress code. Such codes frequently outline gender-specific policies. Some administrators see these distinctions as necessary because of the way in which boys and girls dress. “In many cases, however, female-specific policies account for a disproportionate number of attire rules included in school handbooks.” Student protests are resulting in dress code revisions. Some districts have adjusted dress codes that may have disproportionality targeted female apparel, essentially discriminating against girls by banning any garment considered distracting to boys. These new relaxed dress codes include, in some districts, items previously banned.
Dress Codes and Issues of Race
In addition to gender issues, race impacts dress code content and enforcement. This issue is receiving attention in Connecticut. Black girls are often disciplined more harshly in school than their white peers and dress codes appear to be part of the problem. The Connecticut State Board of Education has received numerous reports that “policy violations (i.e., dress
code violations)” are the main reason for the disproportionate discipline. The National Women’s Law Center reported that black students were five times as likely to get suspended from school in comparison to white students in schools across the country, often due to dress code violations. Some dress codes banned cultural items such as certain hair styles or even naturally textured hair, head wraps, non-religious scarves, and hair extensions. It is imperative that the content of a district’s dress code and the dress code is fairly applied and enforced.
Policy Implications
Research on dress codes is inconclusive regarding the correlation between their implementation and students’ academic outcomes. They can help ensure a safe and comfortable learning environment. The process of defining what’s considered “offensive” and “inappropriate” is difficult. Schools may promote prejudiced policies, even if those biases are unintentional. Dress codes can invoke very strong feelings and beliefs, especially along generational lines. It’s a sensitive issue for students, parents and teachers. Students should be involved in the rule-creation process to lessen these conflicts. There’s a growing interest in making dress codes as gender-neutral as possible as a means of reducing sexism and LGBT discrimination.
Training
Dress codes are most effective when school administrators and teachers are trained to understand and embrace the intent of the code, how to apply and enforce the code equitably, and how to talk about the dress code and the reasoning behind it. School administration and staff should not have discretion to vary the requirements in ways that lead to discriminatory enforcement. It is recommended that districts adopt a dress code policy. New versions are available which reflect a more “permissive” code than previously. CABE’s “older” versions which are more “traditional” in their approach are still available.
The Journal – Connecticut Association of Boards of Education | March 2019
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The Media Message by Ann Baldwin, President & CEO, Baldwin Media Marketing, LLC and John Henry Smith, Sr. Public Relations Strategist, Baldwin Media Marketing, LLC
Don’t Let Social Media Become Your Worst Nightmare
The news lately is filled with negative stories fueled by inappropriate social media posts. This is becoming a problem for schools – both here in Connecticut and across the country. Recent history has shown that students’ personal time and locations have been fertile ground for the posting of the type of troubling material that brings consequences onto school grounds during school hours. In many cases, the person who posted negative material didn’t mean any harm. However, social media can be interpreted in many different ways. Posting on social media is often a spontaneous reaction to something without regard to consequences. School districts in the social media era must ask themselves this hard question: What will the district do if a student or staff member is using their personal social media accounts off school property in a negative, inappropriate or confrontational manner that will impact reputations or – in some cases – the safety of the school? Incidents like these move with the
speed of a wind-whipped wildfire! Before the student or staff member knows it, a post visible to just 10 friends, is visible to 100… 1000… or significantly more if the post is shocking enough. Before you know it, local and possibly national media are calling you asking questions. In some cases, the police must become involved. Situations like these can cause a major interruption to the entire school community, and everyone will be watching to see how the board and administrators respond. Once a negative post reaches wildfire stage, it’s too late to formulate a plan that will be as effective as you wish it to be. The time to plan is NOW — before the fire starts! Here are four practical strategies to consider when formulating your plan: 1. I f you’re thinking of banning certain social media platforms, DON’T. If you stop students from being on Twitter or Facebook, they’ll just move to WhatsApp… or Instagram… or SnapChat… or Kik… or Telegram… or… well, you
get the point. Instead, teach them the skills to make good choices and to stay safe no matter which flavorof-the-moment app they use. 2. T each children that whatever they put online is public and permanent. This includes through texting! Prisons are full of people who mistakenly thought material they had deleted is gone from the face of the earth. It’s not. Also, private is not always private. The photo students or staff post online is not owned by them anymore; it’s owned by Facebook, Instagram or Google and so on. The rights to that photo transfer to the social channel once it is uploaded. 3. T each students that social media profiles are treasure troves for traditional media. Students/Staff/ Board Members need to remember that the media often gets their information about a person from their social media account. Don’t post what you don’t want broadcast to the world. 4. T each students that social media
profiles are treasure troves for employers, too. Seventy percent of employers report using social media to screen candidates! This statistic is very important. If a student uploads anything an employer would deem inappropriate, it could keep that student from getting their dream job or even going to their preferred university or college. These are practical tips to help your school community navigate the mine field that is social media. Research has shown when schools take the time to educate their staff and students about proper social media usage, they are developing a community of learning that will be productive in the 21st Century. See CABE Policies: 4118.51 – Staff Use of Social Networking Sites; 6141.326 – Online Social Networking (Students); 9327.1 – Online Social Networking (Board).
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The Journal – Connecticut Association of Boards of Education | March 2019
LETTER TO THE EDITOR:
My Board Experience Jennifer Norman
Board Member, Griswold Board of Education
Working on a board of education has been one of the best/worst, love/hate experiences I have ever had. I am a 17year veteran high school English teacher, so that’s saying a lot. At its best, there are moments of profound and steady joy, at its worst, there are most of volatility and instability. I would hazard to say that in my four years of service on the board, there is not much I haven’t seen, and while I am forever grateful to have had opportunities to grow and learn, my overall experience has left me with a unique perspective on educational inequalities, doubts and concerns about overall local board governance, and the role and impact, we, as board members ultimately have on the educational process we are tasked with safeguarding. In my first year on the board, our superintendent resigned, during the beginning of the budget cycle. It was a
cold and long winter. My first months on the board were fraught with meetings, interviews, phone calls, and an invitation to help shape one of the most important decisions made by a board. I learned about “artifacts” of a career, how to navigate unknown personalities of board members, and how to ask questions. Lots of questions. An annoying number of questions. I am sure I was a pleasure to speak to as I hammered others with my insistent need to know how things should work and how they actually work and to keep up with rules and regulations of almost every process. My fellow board members were patient and kind with their responses, sharing what they have learned during their many years of service. I was also asked to serve on two of the most active subcommittees on the board – negotiations and academic affairs. I was overjoyed to have these opportunities, but as a full-time working mother, I don’t think I realized the strain this would have on my schedule. My chil-
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dren, Sam (10) and Claire (8), have had a strong education in civic involvement. They’ve been to more board meetings than your average taxpaying resident. At this point, they think it is a normal activity for children to hang out in Central Office and high-five the Superintendent (who knows they play piano and dance and play soccer). In my second year on the board, I was introduced to the concept of “holdbacks” thanks to Governor Malloy. The word ulcer began to take on a new meaning, that smoldering sensation that inflames both my stomach and heart, as I watched opportunities disappear from those of us who are always challenged to do more with less because we don’t have enough of less – we continue to do well and for that we are forever flirting with funding opportunities in the forms of grants and state reimbursements that are unreliable and do not teach stakeholders how to become self-reliant by planning for the day when politics, yet again, treats our students as political pawns in their ever moving game of financial chess. I’ve seen our board chairperson confront our Board of Finance, challenging them to embrace opportunities to learn about the very funding that provides the heartbeat of our district. I’ve seen our town reject budgets, pass judgements without understanding, and board members who advocate and work so hard to generate support for our schools – both financial and social. In my third year on the board, I found my feet. I worked from an enriched knowledge of roles and responsibilities, copious opportunities for understanding about the financial climate and actions within the state, and the ability to represent children with a firm and consistent voice. During this third year, it became apparent that board members serve and
DEVELOP A CULTURE
(continued from page 3)
biguity about your vision; • a ppeal to people’s emotions,
values, and the deeper needs that motivate them;
• s tay positive, grateful, and
idealistic, which is an important counterweight to any negative messages students or staff might receive;
•u se collective statements (“we
are,” “we will”) to increase a feeling of belonging and collective identity.
5. Make your vision tangible. Mottos, symbolic objects, special traditions, and the design of physical space can all help reinforce your cultural
are motivated by many factors, all of which do not necessarily align or agree. It is my opinion that boards of education should fairly represent the stakeholders. When I look around my board table, I am the youngest member by 20 years. It has left me questioning the perspectives my board has on education and what the community wants for its children. It also highlights many of the difficulties we have when we need our constituency to rally and support our budget proposals, endorse projects, and grow the school community. When a board appears divorced from the realities of the direct impact of policy decisions, it is difficult to invite the community into the conversation. Year four, my last year, if I choose. My term ends in November of 2019 and I do not know how to even think about staying or leaving. I feel that my first three years on my board have shaped me and given me valuable knowledge. I have traction to move the board forward because I have a complete understanding of my role, responsibilities and the function of the board itself. I am inclined to think that this is when the real work begins. I am, overall, very grateful for the opportunity to shape and grow my school district – to know that policies and initiatives that my board has enacted have reached the classroom level because my own children receive direct benefit through improved services and opportunities. However, the taxing demands of time and investment of energies definitely moves me to think that I will never be enough to meet the job description. For now, I will serve out my term with this question in the back of my mind, while staying fully committed to being a strong member of the board. vision, especially when the meaning of these tangible artifacts is consistently communicated. 6. Restructure social networks. Culture is spread through connections. So figure out which people or groups are isolated from the community and figure out how to encourage greater interaction with others who are committed to the school culture. This way, everyone – not only you – helps your positive message spread more quickly and clearly.” While it’s hard work, modeling the type of civility, expectations and empathy you want, you are much closer to building a great culture in your district. In the meantime, I’m looking forward to baseball’s Opening Day.
The Journal – Connecticut Association of Boards of Education | March 2019
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Area Legislative Breakfasts
CABE Deputy Director and General Counsel Patrice McCarthy provided a legislative update at the CREC/CABE/HASA Area 2 Participants engaged in a conversation with legislators at the Area 2 Breakfast on Breakfast on January 24. January 24.
Area 4 Director Joan Trivella (Brooklyn), welcomed board members, superintendents and legislators to the Area 4 Legislative Breakfast on January 23.
CREC Executive Director Greg Florio spoke about CREC’s legislative agenda at the CREC/CABE/HASA Breakfast on January 24. Area 8 Director Lon Seidman (Essex), welcomed board members, superintendents and legislators to the Area 8 Legislative Breakfast on February 1.
An engaged group at the Area 4 Legislative Breakfast!
Joanne Barmasse (East Hampton), shared information at the Area 8 Legislative Breakfast.
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The Journal – Connecticut Association of Boards of Education | March 2019
Developing Partnerships to Transform School Districts Workshop, February 7 With a combination of interaction between participants and engaging commentary, Peg Portscheller, a nationally known facilitator and former superintendent, helped board chairs and superintendents better understand their relationships and what
Peg Portscheller faciliated conversations on the Board Chair/Superintendent relationship.
drives their work. The series of three workshops was deemed so important to CABE and CAPSS that they are provided free of charge. The final workshop in the series is on April 11, 2019.
Program participants were very engaged in valuable conversation that will benefit their working relationships with each other, the school board and others in the district.
“ A good leader takes a little more than his share of the blame, a little less than his share of the credit.” – Arnold Glasow
MARCH MEETINGS OF INTEREST For an update or more information on vacancies go to our website:
cabe.org/page. cfm?p=1176
MARY BRODERICK, ED.D SENIOR CONSULTANT
For more information contact
CABE Search Services
81 Wolcott Hill Road, Wethersfield, CT 06109
860-608-1763
Equal Opportunity Employer
March 6
March 13
March 22
Meeting of the State Board of Education – 9:30 a.m. 450 Columbus Blvd, Hartford Plaza North Conference Room C&D
Education Committee Meeting – 12 p.m. Legislative Office Building, 2E
Education Committee Meeting – 11 a.m. Legislative Office Building, 1E
Education Committee Public Hearing – 1 p.m. Legislative Office Building, 2E
March 25
Education Committee Meeting – 11 a.m. Legislative Office Building, 2E
March 15
Education Committee Meeting – 11 a.m. Legislative Office Building, 1E
Education Committee Public Hearing – 12 p.m. Legislative Office Building, 2E
Education Committee Meeting – 11 a.m. Legislative Office Building, 1E
March 8
March 18
Education Committee Meeting – 101 a.m. Legislative Office Building, 1E
Education Committee Meeting – 1 p.m. Legislative Office Building, 1E
Education Committee Meeting – 11 a.m. Legislative Office Building, 1E
Education Committee Public Hearing – 1 p.m. Legislative Office Building, 2E
March 11
Education Committee Public Hearing – 12 p.m. Legislative Office Building, 1E
March 29
Education Committee Meeting – 11 a.m. Legislative Office Building, 1E Education Committee Public Hearing – 12 p.m. Legislative Office Building, 2E
March 27
March 20
Education Committee Meeting – 11 a.m. Legislative Office Building, 1E
CABE Day on the Hill – 8:30 a.m. The Bushnell, Hartford
* Meetings and Public Hearings subject to change.
The Journal – Connecticut Association of Boards of Education | March 2019
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Connecticut Results in LGBTQ Survey Robert Rader Executive Director, CABE
In the December edition of the CABE Journal, I wrote about a survey, done every two years by GLSEN, the “leading education organization working to create safe and inclusive schools for LGBTQ students”. The survey (2017) showed “for the first time in a decade victimization of LGBTQ youth is not is not decreasing at rates previously seen — and in fact, gotten worse for transgender and gender noncomforming youth.” That was the nationwide survey results. In January, we got the results for Connecticut. I had hoped to compare the 2017 results to those from 2015 in the expectation that we could show positive results. Unfortunately, however, the 2017 results in Connecticut cannot be compared to, earlier results, because, as GLSEN Research Director Emily Greytak told me, “the demographics of the sample changes somewhat over time… while for the national sample,” GLSEN can perform “statistical analyses to control for these differences that allow us to analyze differences between years, we are not able to do this type of over time analyses for the individual states.” We have the 2017 Connecticut results and this is what GLSEN said about them: “Connecticut schools were not safe for most lesbian, gay, bisexual, transgender, and queer (LGBTQ) secondary school students. In addition, many LGBTQ students in Connecticut did not have access to important school resources, such as an LGBTQ-inclusive curriculum, and were not protected by supportive and inclusive school policies. •F ACT: The vast majority of LGBTQ students in Connecticut regularly (sometimes, often, or frequently) heard antiLGBTQ remarks… Some also regularly heard school staff make homophobic remarks (13percent ) and negative remarks about someone’s gender expression (37percent ). •F ACT: Most LGBTQ students in Connecticut experienced anti-LGBTQ victimization at
school ... They also experienced victimization at school based on disability (27 percent), race/ ethnicity (18 percent), and religion (18 percent). Most never reported the incident to school staff (51 percent). Only 29 percent of students who reported incidents said it resulted in effective staff intervention. • F ACT: Many LGBTQ students in Connecticut reported discriminatory policies or practices at their school. Over one-half (52 percent) experienced at least one form of anti-LGBTQ discrimination at school during the past year. • More than one in four LGBTQ students (27 percent ) and approximately three in five transgender students (58 percent) were prevented from using their chosen name or pronouns in school. Additionally, more than one in four LGBTQ students (26percent) and nearly 3 in 5 transgender students (59percent ) were unable to use the school restroom aligned with their gender. • Nearly one in five LGBTQ students (18 percent) in Connecticut were disciplined for public displays of affection (PDA) that did not result in similar action for non-LGBTQ students. • Some LGBTQ students in Connecticut experienced other forms of school discrimination: being unable to discuss LGBTQ issues in assignments (9 percent), being unable to wear LGBTQsupportive apparel (7 percent), being unable to include LGBTQ themes in extracurricular activities (7 percent), being unable to bring a same gender date to a school dance (6 percent), and being disciplined at school for identifying as LGBTQ…” Regardless of the 2015 results, those from 2017 are depressing. One would expect that with the focus on these issues, the legalization of gay marriage, stronger state language protecting LGBTQ citizens, the development of board policies protecting
*According to GLSEN Survey of the school experiences of LGBTQ students, 2017.
transgender youth and other progress, our students would not still have to suffer from this harassment. It is obvious that we still have much to do in these areas. What would GLSEN suggest? “Given the high percentages of LGBTQ students in Connecticut who experience harassment at school and the limited access to some of the key resources and supports… it is critical that Connecticut school leaders, education policymakers, and other individuals who are obligated to provide safe learning environments for all students take the following steps: • I mplement supportive and inclusive school policies, such as comprehensive anti-bullying/harassment and supportive transgender and gender
nonconforming student policies; • Support Gay-Straight Alliances; • Provide professional development for school staff on LGBTQ student issues; and • Increase student access to LGBTQ-inclusive curricular resources.” According to GLSEN, “these actions can move us toward a future in which all students in Connecticut will have the opportunity to learn and succeed in school, regardless of sexual orientation, gender identity, or gender expression.” The 2017 state-by-state results can be found at https://www.glsen.org/article/state-snapshots-national-school-climate-survey.
CABE Day on the Hill Wednesday, March 20, 2019 8:30 a.m. The Bushnell, Hartford Register at https://www.cabe.org/ page.cfm?p=1141
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The Journal – Connecticut Association of Boards of Education | March 2019