The CABE Journal - October 2019

B C

www.cabe.org

Vol. 23, No. 9

October, 2019

Commissioner, State BOE Meet with CABE Board of Directors

George Couros to Speak at Saturday Morning General Session Lisa Steimer

Sheila McKay

Sr. Staff Associate for Professional Development and Communications, CABE

The CABE/CAPSS Convention Committee is delighted to announce that George Couros will be the Saturday morning speaker at the CABE/CAPSS Convention! George Couros is a leading educator in the area of innovative leadership, teaching, and learning. He has worked with all levels of school, from K-12 as a teacher, technology facilitator, and school and district administrator, and is the author of the book, The Innovator’s Mindset; Empower Learning, Unleash Talent, and Lead a Culture of Creativity and his latest book, Innovate Inside the Box. He is a sought-after speaker on the topic of innovative student learning and engagement and has worked with schools and organizations around the globe. George is a leader in the area of innovation, yet his focus is always on the development of leadership and people and what is best for learners. His belief that meaningful change happens when you first connect to people’s hearts, is modeled in his writing and speaking. You can connect with George on his blog, The Principal of Change (georgecouros.ca) or through Twitter @gcouros. George will be selling his books and doing a book signing immediately after his session on Saturday morning.

Sr. Staff Associate for Government Relations, CABE

Fall Buddies

Open Letter to CABE Members from the New Commissioner of Education Miguel Cardona Dear CABE School Board Members and Superintendents: I am honored and humbled to have been chosen as Connecticut’s Education Commissioner. As I begin this new chapter of my life and career, I cannot help but think back to the start of my schooling as a five year old – it was intimidating and just getting through the first day of class seemed like an insurmountable challenge. Yet, I stand here in my current role because I could rely on a supportive group of teachers, leaders, and family to help me reach my full potential. My schooling opened doors for me and my

family in ways nothing else could and ultimately led to my career in public education. In August, I addressed the state’s superintendents at our annual Backto-School meeting and focused on the theme of “Learn together, grow together.” I chose these words as a guiding mantra because the futures of the 530,000+ school children in Connecticut will depend on how well we leverage our collective capacity and work together to prepare them to graduate ready to succeed in college, career and life. As Commissioner, I am motivated to give you the best of me, and the best of our department, so you can lead your students to amazing new heights. I intend to honor and seek wide-reaching partnerships with stakeholders in the public and private sectors and will See COMMISSIONER LETTER page 4

Members of both the State Board of Education (SBOE) and CABE’s Board of Directors, along with newly appointed Education Commissioner Miguel Cardona recently met to discuss numerous issues affecting public education. SBOE Chairman Allan Taylor, Vice Chair Estela Lopez, member Erin Benham and members of both boards, Donald Harris and Robert Trefry were in attendance. Cardona opened the meeting by speaking about the importance of students being college and career ready (CCR). He suggested that because today’s students are the workforce of tomorrow improving our educational system is the way to strengthen our economy. As we focus on strengthening CCR, the Commissioner said the we may now be focusing too much on career readiness and not enough on college. Career readiness, paths for students and the necessity to have high-quality teachers in the pipeline garnered much discussion. Teachers are leaving the profession for higher paying jobs in the manufacturing field. One suggestion that came out of the conversation was that companies could “loan” employees with expertise in a needed area to our school districts. Other topics discussed included parental involvement, teacher training, importance of the arts, student trauma, concerns about obstacles to sharing services and the achievement gap. The Commissioner feels strongly about the need to review course selection and curriculum as a means of closing the achievement gap. He also mentioned that we need appropriate flexibility in our state assessments. The SBOE and the CABE Board and staff have long enjoyed excellent relationships, something that is true in few states. The two boards expressed the desire to continue those relationships and to work together to help all of our students.

Middletown Anti-Anxiety Program

Women in Public Office

How Well Do You Know Your Community?

“Cadillac Tax” Repeal Wins Approval

PAGE 7

PAGE 8

PAGE 14

PAGE 15

81 Wolcott Hill Road Wethersfield, CT 06109-1242

Connecticut Association of Boards of Education Inc.

Periodical Postage PAID Hartford, CT

2

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

CABE Represents All Boards Robert Mitchell President, CABE

As CABE president, I have occasionally heard members comment that they don’t feel our Association represents all boards equally. I’ve heard members of small school districts say that CABE represented the interests of the large cities. I’ve heard members of larger communities complain that CABE represented the interests of smaller districts. The fact is CABE is a membership organization comprised of approximately 150 school districts of ALL SIZES (the average size school district is 2,927)! I’ve learned a couple things in my years as a school board member – one is that no matter what the size or type of district, they all have similar problems. Larger districts certainly have challenges of scale – they have many more children, each with unique needs and challenges, but even the smallest districts struggle to get the job done. I’ve heard board chairs from the smallest districts say the exact same things as chairs of the largest districts. This has been of great interest to me, since during my Presidency I’ve wrestled with how to make CABE more inclusive and representative of all boards in Connecticut. To that end, I asked CABE staff to look at some demographic data regarding our governing Board of Directors. There are 530,612* public school children in Connecticut. They are served in districts as small as 53 (Union) to 21,264 (New Haven). (*All demographic data is from the Connecticut State Department of Education for the 2018-19 school year). There are currently 29 members of the CABE Board of Directors. These directors represent a cross section of Connecticut. A look at the accompanying

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.

chart shows that the board is fairly evenly divided by district size. # BOD Members Under 1,000 6 1,000 - 4,000 10 4,000-10,000 9 Over 10,000 (9 total) 4 While the state has not updated the District Reference Groups (DRG) in several years, a look at how the board is distributed by DRG also fairly represents districts across the spectrum. Our CABE Board of Directors also includes 12 Alliance District board members. Last year’s Delegate Assembly had representation by 30 CABE member districts. While we would like to see much

Board of Directors

ADM

greater participation, at least those who participated were fairly evenly divided by district size – one-third small districts (under 1,000 ADM), one third medium districts (1,000 – 3,000 ADM) and one third larger than 3,000. I was also happy to see that 11 Alliance Districts participated in the Delegate Assembly. This event is where CABE members decide on the positions and governance of the Association.

This data tells me that districts are choosing to participate. We’d like to see more. We would love to have more involvement from every board in the state. As a way of encouraging participation by our largest districts, the CABE Bylaws allow each of the “Big Five” districts who are members to have a seat on the Board of Directors. We actively search for board of education members to be involved in CABE’s governance process. We want to be more inclusive and better represent all the school boards in Connecticut. The second thing I’ve learned is that the boards of education that participate the most in CABE benefit the most from membership. We try hard to represent the silent districts, but the fact is that boards which participate sometimes get a stronger voice at the table. I am proud of the way our board works hard to represent viewpoints other than their own, but participating in CABE’s annual process does give some advantage. Serving on a subcommittee, attending CABE’s Day on the Hill, testifying before the Connecticut General Assembly, attending the Delegate Assembly or serving as an officer of CABE benefit both you as a board member, and your school district. Ask about CABE staff coming out to your district for professional development. Call CABE staff when a question arises. Our expert staff are there to help you do a better job. Look to CABE for help on policy and legal issues or helping your board be a better team. More importantly, if you think there is something CABE should be doing, please contact the staff to see how they can best assist you. We all work hard to think of how CABE can do better, but your ideas might benefit all boards in Connecticut. You can also contact members of the CABE Board of Directors (they are listed on the right) to take advantage of their knowledge and expertise or to share your ideas and concerns. I am very proud to be President of CABE and the work that our Association does every day on behalf of Connecticut’s children, but if there is something we can do even better, we want to hear about it. Make CABE YOUR organization!

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 Loretta Chory | Area 6 Co-Director, Trumbull Karen Kleine | Area 6 Co-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 Bruce Kimmel | Associate, Norwalk 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 Darnell Goldson | City Representative, New Haven 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 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 | October, 2019

CABE Affiliate Members BUSINESS AFFILIATES VALEDICTORIAN Finalsite SALUTATORIAN

Berchem Moses PC HIGH HONORS

Pullman & Comley Shipman & Goodwin HONOR ROLL Anthem Blue Cross and Blue Shield Arthur J. Gallagher & Company Corporate Cost Control Digital Back Office ESS JCJ Architecture Milliman Milone & MacBroom, Inc. SCHOLAR Albert Risk Management Consultants Brown & Brown Chinni & Meuser LLC Coordinated Transportation Solutions COUNTABILITY, Inc. Dattco, Inc. Goldstein & Peck, P.C. Kainen, Escalera & McHale, P.C. The Lexington Group OneDigital Health and Benefits Perkins Eastman The S/L/A/M Collaborative 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 School Counselor 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

3

EXECUTIVE DIRECTOR COMMENTARY

How Do You Choose Your Board Chair? Robert Rader Executive

In the many years that I have spent in working for Boards of Education in New York and Connecticut, I have found that one particular hallmark of a well-functioning, effective Board is an excellent Board Chair (or President in New York). Board Chairs have such an important role. The Chair sets the tone and direction of Board meetings (with the help of the Superintendent of Schools in setting the agenda), is key to the Board’s relationship with its chief executive officer (yes, the Superintendent), appoints members to the Board’s subcommittees and is often the spokesperson for the Board. I bring the importance of the Board Chair up now because most Boards will hold elections in a few weeks and have new members, who must be properly oriented to their roles and responsibilities. In addition, many Boards will select new chairs in December and January. These two events will say a lot about how the Board will function in 2020 and beyond. I have seen successful Boards who select their chairs based on their geographic locations (voting districts) within the school district; longevity on the Board; “turn-taking” (whose turn is it?); who got the most votes in the most recent election, or, most common in Connecticut, based on which political party got the most votes. I have even seen a New York district that is quite successful, where they take turns by voting districts, based on an old “gentlemen’s agreement.” There is no right or wrong answer as to the “best” practice in selecting your board chair. However, here are some characteristics that should be considered in determining who will be most effective in the role: • Ability to develop strong relationships between him/herself and the other members of the board and the superintendent. According to Leading Leaders, by Salacuse, the best way to do this is to privately spend time with each individual board member and the superintendent. The board chair should work towards understanding

others’ interests, whether or not they are school-related. Taking the time to learn about the member’s family, why he or she ran for the board and what motivates them will help ensure that the board member contributes to the overall work of the board in the most effective way. Salacuse says that “interests drive actions. Therefore the chair who understands where the other board members are “coming from”, increases the chance of success in developing agendas, budgets and taking other action. •A bility to collaborate with members of other political parties. CABE always encourages boards to “leave their political affiliations at the door to the Boardroom.” Once selected, the Board Chair should be able to work with others on the Board without regard to political affiliation. •M aintain a good relationship with other elected officials. I have seen the proposed budgets of Boards receive a very negative response when it is presented to the town council because of political differences and personal animus. •U nderstand the Bylaws of the Board and enough of Parliamentary Procedure to ensure smoothfunctioning meetings. Aim for consensus and understand when that may be impossible. If the Board is split on some decisions, that does not necessarily indicate poor work of the Chair. Board members come with different perspectives and desires. If all were the same, we’d only need one Board Member. One good “rule of thumb” that indicates how well you are leading the Board and Superintendent is use of the word “I”. The more you use it, the less effective your Leadership Team may be. Remember that the chair will serve as a lightning rod for the decisions that the Board makes. Much like the Superintendent, the position does have drawbacks. In the age of social media, not everyone (by a long shot) will be civil or understanding of your leadership.

How long should a chair serve in that position?

Again, there is no right or wrong answer. Stability is important for the

Board and district, but the most important consideration is whether that particular person remains effective. So, the board chair has a role beyond just doing his or her best in running efficient, orderly and thoughtful meetings. The job is also coach, cheerleader, mentor and coordinator. That is why it is critical that the chair is chosen in a fair process, ensuring that the person with the best leadership abilities gets the position. The person represents the whole board and serves as a model for other Board members, faculty and students.

Orientation for New Board Members

One of the most important roles for the chair is to ensure that the new members are provided with an in-depth orientation which will help them “hit the ground running”. I urge chairs to make sure this occurs in your district AND to come or have another experienced board member and/or the superintendent to attend our New Board Member Leadership Conference, December 10th. There will be important information for both new and experienced board members about succeeding as a Board Member and how CABE can help. CABE also provides a booklet, Who’s in Charge, which contains lots of material on best practice for board chairs. It also includes much wisdom from former and current chairs. Board chairs: you make a huge difference in your districts. Your leadership can significantly determine whether the students thrive in your schools. Make sure that you carefully, thoughtfully and clearly consider your roles and responsibilities. You are in the best position to leverage the work of your board and leave a legacy of success for the board, your community and, most importantly, for your students.

4 COMMISSIONER

(continued from page 1)

look to you – our district leaders – for your backing just as you should look to me and the State Department of Education for the same kind of support. Together, let’s foster an environment of seamless collaboration by opening up our channels of communication and identifying and removing the barriers that may be inhibiting our progress. At the state level, we will focus our attention on supporting districts with the instructional core at the heart of our work to attain our shared goals whether that’s closing the gaps that persist around the state or ensuring a strong curriculum and effective teaching and leadership in every school. At the local level, we depend on our BOEs to have the sound board governance in place required to develop and implement the policies to move our public education system in the right direction. The role each of us plays in the collective effort is vitally important to fulfilling our promise of equity and excellence for all Connecticut students. We must keep in mind the fact that, as education leaders, we have a responsibility to our children, to their families and to the state of Connecticut. Whether in my role as Commissioner or in your role as a school board member, the decisions we make at

The Journal – Connecticut Association of Boards of Education | October, 2019 the state and local levels have a direct and long-lasting impact on the lives of our students – let’s make sure it is a positive impact. Our kids deserve nothing less. The following major points will take shape at the State Department of Education in the coming months and were developed with the understanding that together, we can lead the nation in educating our youth. How that happens depends on how well we work together.

Education is the best economic driver in the state: Together we will determine CT’s growth.

In order to ensure that every child is receiving an equitable education and is graduating high school prepared for college, career and life, there are some roadblocks we need to face and some partnerships we need to foster. It is my plan to build close relationships with the leaders of our business communities across the state, so that our workforce development is specifically tailored to meet their needs. By allowing businesses to have a seat at the table, we will be far better positioned to offer workforce preparation during high school that will result in successful employment post-graduation for students looking to start their career in CT. It is also vitally important to build

CABE Board of Directors had the opportunity to ask questions of the State Board members and Commissioner Cardona. Left to right: State Board members Donald Harris, Estela Lopez, Erin Benhan, Commissioner Cardona, Chair Allan Taylor and Bob Trefry.

stronger partnerships with our colleagues in higher education. By generating more opportunities for dual enrollment, we can create innovative high school programming so that driven high performing students that put in the work can also graduate with an associate’s degree. If we can get our students excited about earning college credits we are piquing their interest in higher education and better positioning them for success beyond high school.

Learn together, grow together: We will evolve through our collective capacity.

If we focus solely on education alone, we fail to grasp the potential we have to influence policy in the state; therefore, it is vitally important for us to partner with our sister agencies and collaborate on mutual goals. We need to blur the lines between our work and leverage our limited resources to benefit the populations that we serve. They are all of our kids. With that in mind, in the coming weeks, I plan to engage with the Commissioners of the Departments of Transportation, Housing, Economic Development and Early Childhood to redefine how we serve our shared constituents. I look forward to promoting practices that also share our collective capacity. There are districts that are grappling with issues that another district might have just overcome. We know students learn best from one another, and teachers do too, the same is true for leaders. WE will always be better than me.

Unapologetically Challenge Normalization of Failure: All kids deserve a shot!

As we lay that foundation, we must remember that equitable outcomes is our goal. We must aggressively and unapologetically address the root causes of the achievement disparities that exist within our schools. While those disparities come to light in our classrooms, we cannot operate in silos. We need to highlight the root causes that lie outside the schoolhouse, and collaborate with parents and leaders within our communities to find

solutions. As our data suggests, this is not an urban issue, this is a CT issue. Let’s address what Pedro Noguera calls the “Normalization of Failure.”

The Core is the Core: Educators, Students, and Content Matter Most.

The State Department of Education is a service agency. We will strive to provide support, guidance, direction, and help as you perform the difficult job you do. As we have the constitutional responsibility to provide a free, appropriate, public education, we also will work closer with districts that need it- in a supportive manner. To do this, we will evolve our agency to ensure we are supporting you with the instructional core. Providing a high quality education requires: connections with our students, a highly competent workforce, and rigorous content that prepares our students for life after school. Ensuring this will improve academic outcomes for all students and reduce disparities and the over-identification of students. A quality educational program includes attention to early childhood needs, strong tier 1 programming, social-emotional development, and appropriate supports for students with exceptionalities or students that are fortunate to be bilingual. The instructional core is the core of what we do.

A Good Offense is the Best Defense: Together, let’s write the narrative of CT Public Education

Finally, we are responsible for our narrative. Yes we have significant challenges ahead, but we should not be defined by our challenges. I have confidence in what we can and will accomplish together. I am confident that if we put our energy into working collaboratively, promoting successes, aggressively attacking our challenges, fighting as lead child advocates in the state, and focusing on maintaining the instructional core at the heart of our work, not only will we learn together and grow together, we will lead the nation together! We have the capacity to do it in Connecticut, let’s do it together!

The Journal – Connecticut Association of Boards of Education | October, 2019

5

See You in Court – The Nutmeg Board of Education

Homelessness, Burden of Proof and Impartiality 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. Patty Parent, a single mother, came to the office at Acorn Elementary School at the beginning of the school year, asking that the office change the address of her two children. However, when she gave her mother’s address in a neighboring school district, the administrative assistant told her that her children could no longer attend Acorn Elementary Schools because they are now apparently living in another town. Patty Parent disagreed, however, claiming that she and her children are now homeless. “This is above my pay grade,” the administrative assistant responded, and she told Patty Parent to go talk to the Superintendent. Patty Parent promptly met with Mr. Superintendent, and she told a sad story. She and her children had been living in an apartment in Nutmeg, but she had been unable to keep up with her rent payments and she was evicted. As a result, she moved in with her mother in a neighboring town. Patty Parent then reiterated her claim that she and her children are now homeless, and she asked that her children be permitted to continue in the Nutmeg Public Schools. Mr. Superintendent listened carefully to Patty, but he denied her request. “I appreciate your continued interest in the Nutmeg Public Schools,” he began, “but you have moved to another school district. My hands are tied, and you must withdraw your children from our schools forthwith.” Patty told Mr. Superintendent that she could not and would not withdraw her children from the Nutmeg Public Schools. But Mr. Superintendent was unmoved. He gave Patty a week to enroll her children in the district where she, her children and her mother are living, but he also informed her in writing that she has the right to request a hearing if she disagrees with his decision. Patty Parent did just that. After receiving the request, Mr. Superintendent described the situation to Mr. Chairperson in detail. He shared his view that Patty had changed her residence, but he asked Mr. Chairman to schedule a hearing anyway. When Mr. Chairperson sent out an email describing the situation, the other Board members were intrigued, and

they all decided to attend the hearing. Board member Mal Content caused quite a stir, however, at the beginning of the hearing. After he was recognized, Mal dramatically noted that veteran Board member Bob Bombast is always complaining about people sneaking into Nutmeg to attend school. He then moved that the Board ask Bob to recuse himself from hearing the case, stating, “Bob, given your complaints about students enrolling in Nutmeg, you are clearly biased. We need to be fair here, and I don’t think you can be.” Bob was surprised and angered at Mal’s unexpected action. He surmised that Mal’s motion was just a cheap shot in an election year, and Bob responded curtly that he was no more biased than Mal and would not be recusing himself. Given Bob’s history of complaints about ineligible students attending the Nutmeg Public Schools, should he recuse himself? And is it possible that Patty Parent can establish that her children are homeless? • • • • • • • • • • • • • • • Taking the second question first, it depends on the specific facts. Since 1987, federal law has provided special rights to children who are homeless. The McKinney-Vento Homeless Assistance Act confers on homeless children a number of special rights. A primary goal of the law is to maintain educational continuity for a homeless student – the school he or she attends may be one of the few constants in the child’s life. Therefore, when a child becomes homeless, he or she is entitled to continue to attend the school he or she was attending when he or she became homeless (the “school of origin”) if feasible unless such attendance is against the wishes of the parent or guardian or otherwise not in the child’s “best interest.” There is no specific time limit a student may be considered homeless. Moreover, if a student finds permanent housing and is no longer homeless, he or she can continue to attend the school of origin for the remainder of that school year, again in the interest of continuity of education services. Homeless students have other rights as well. When a homeless child seeks to enroll in a school, school officials must admit the student immediately, without waiting for educational records or requiring proof of immunization. The responsible school district (either the district in which the school of origin is located, or a new school district at which the student presents him- or herself) must also provide transportation to and from school back to the student’s temporary residence unless such transportation is against

the child’s best interest. The cost of such transportation, however, may be shared with the district in which the homeless child then temporarily resides. Given these rights, the determination of whether a child is homeless is crucial. The statute defines “homeless children and youths” as “individuals who lack a fixed, regular, and adequate nighttime residence,” and it gives a number of examples, including “children who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason.” Here, the question will be whether Patty’s children lack a “fixed, regular and adequate nighttime residence,” or whether they are not homeless but rather now living with their grandmother in the new school district. In this regard, we note that the General Assembly amended the school accommodations statute this year to shift the burden in cases where homelessness is alleged to the school district to show that the student is not homeless. Public Act 19-179. That will be a challenge in some cases. Two other matters here warrant mention. First, Mal’s surprise attack on Bob is without merit. To be sure, Patty Parent is entitled to due process as the Board decides whether her children

may continue to attend the Nutmeg Public Schools, and a key element of due process is a decision by an impartial decision-maker. However, Bob is free to express his opinions on general matters. As long as Bob can consider this specific case impartially based on the information presented at the hearing (a decision that Bob himself must make), he will be able to hear the case. By contrast, Mr. Superintendent should not have shared his perspective and the details of the case with the Board members. Such ex parte communication is inappropriate because of the board member’s role as an impartial judge. When board members must decide on the rights of students or teachers (e.g., in expulsion hearings or tenure hearings), the superintendent must refrain from discussing the details with the board members in advance of the hearing, and he or she must make his or her case at the hearing itself. 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.

6

The Journal – Connecticut Association of Boards of Education | October, 2019

Aim Higher

Creative legal solutions for Connecticut’s public schools – because sometimes it is rocket science.

WELCOME BACK TO SCHOOL!

Shipman & Goodwin’s school law attorneys have more than 40 years of experience, and represent over 125 public school districts, as well as public school member organizations and associations, on a full range of legal issues that they confront, from general education law to special education matters.

Our school law site, www.ctschoollaw.com is devoted entirely to emerging school law issues. Attorneys counsel clients, monitor legislation and provide periodic alerts and updates. We regularly present seminars, quarterly workshops, webinars and professional development workshops for schools on current topics of interest. Our Practice Group Co-Chair, Tom Mooney, has written A Practical Guide to Connecticut School Law, a comprehensive treatise on Connecticut school law, published by CABE and used by teachers, administrators and board of education members throughout the state.

Education is a core focus of our law firm.

Facebook “f ” Logo

CMYK / .eps

Facebook “f ” Logo

CMYK / .eps

www.ctschoollaw.com Contact: Thomas B. Mooney or Linda L. Yoder | 860.251.5000 | www.shipmangoodwin.com GREENWICH

|

HARTFORD

|

LAKEVILLE

|

NEW HAVEN

|

NEW YORK

|

STAMFORD

|

WASHINGTON DC

The Journal – Connecticut Association of Boards of Education | October, 2019

7

Middletown Anti-Anxiety Program:

Connected, Healthy and Learning: “CHL” Mary Emerling

School Health Supervisor, Middletown Public Schools

According to the U.S. Centers for Disease Control, anxiety rates in children increased from 5.4 percent in 2003 to 8.4 percent in 20011-12 impacting approximately 4.4 million children aged 6 to 17 years. The impact of anxiety on children at school is seen by school nurses in students presenting themselves to the health office with symptoms of stomachaches and headaches and school avoidance. There is hardly a district nurses’ meeting where the issue of these “frequent flyers” and the nurses’ concerns for their health and well-being are not mentioned. Fortunately for Middletown Public Schools, help was on the way in the form of the UCONN C.A.L.M. (Child, Anxiety, Learning Modules) Study. Funded by the U.S. Department of Education’s Institute of Education Sciences, the study was developed and tested to identify the effectiveness of a nurse-administered intervention to reduce anxiety symptoms. After a two-year period, the C.A.L.M. Summary Report showed that 91% of the students who met the diagnostic criteria for an anxiety disorder pre-intervention was reduced to 54% after intervention. With that evidence in hand, Superintendent Michael Conner authorized development of an initiative for providing the C.A.L.M. anxiety-reduction skills to teachers for daily application in the classroom. The immediate goal was to improve

learning and health outcomes by creating a consistent district-wide practice for reducing anxiety and stress in students. Long-term goals include integrating initiatives that students and staff can easily adopt as natural, self-care practices, and creating an education system that values health and wellness as important components to a learning environment for everyone. The C.A.L.M. Study included two forms of interventions for participating students. CBT (Cognitive Behavioral Therapy) and more natural, alternative strategies. CBT relies heavily on the one-to-one trusting relationship between the nurse and the student in order to move the student toward dealing with the very thing that brings them stress. CBT did not seem the best fit for implementation to groups of district staff and students. The alternative interventions involved more “Mindful” approaches and included: deep breathing, progressive muscle relaxation and guided imagery or visualization. The alternative strategies focus on what the child is feeling at the time they are thought to be experiencing anxiety, and teaches them to reduce or eliminate the adverse feeling of physical or emotional distress on their own. The Mindful approaches were identified to be the most practical to use for application to the general population of the district. They provide natural solutions using breath, muscle tension/ relaxation, and imagination…everything every student already has and can practice throughout the course of their day…and at home for that matter.

The initial plan was to introduce and expand the initiative to capture grades k through seven in three years’ time. C.A.L.M. Study handouts were used for district implementation, and “CHL: Connected, Healthy, and Learning” (aka “chill”) was chosen as the name for the initiative. School nurses were asked to provide the teachers with the handout materials and model the strategies with the students in the classroom. The teachers were then asked to implement CHL two times a day, upon arrival at school, and again after lunch or recess period with the nurse on the sidelines as coach if they needed additional support. A survey conducted in spring of 2018 revealed that some teachers had already introduced stress-reduction activities into the classroom. Those efforts were acknowledged and encouraged to continue as long as one of the three CHL strategies was practiced at least once in the classroom every day. In this way, students and staff could transfer between schools sharing a common language and skill for helping children cope with stress or anxiety. Meetings were organized mid-year to include the nurses and teachers implementing CHL. The results were anecdotal but the stories and feedback provided by participating teachers and nurses revealed that CHL had a positive impact on students... and staff. Teachers reported students “squeezing lemons” before taking a test and nurses reported hearing students coach one another in deep breathing. Additionally, teachers reported heightened behaviors among the students and

the need to redirect more when they did not CHL. Furthermore, they stated it gave them the “mental break” they do not normally take for themselves. This year, the district is evolving the original plan to expand CHL in grades kindergarten through grade six. The nurses and last year’s CHL teachers will train their colleagues through modeling, PowerPoint and hand-out materials. School principals are encouraged to integrate CHL practices into staff meetings, assemblies, and morning announcements. Booklets have also been developed for distribution to adults-young (high school students) and not-so-young (parents), and support staff. Training will include secretaries, bus drivers, food service workers, custodians and community emergency responders. CHL may prove critical in terms of managing students and mitigating the impact of psychological trauma during lock-down drills, exercises and, unfortunately, real time emergencies. It is consistent with the Whole School, Whole Community, Whole Child Model, which recognizes multiple components to each student and the world in which they are growing, learning and developing at school and beyond. CHL is not a “cure” for the increased levels of anxiety and stress we are currently experiencing on a national level. However, through connection, health, and learning, it is hopeful that CHL can contribute to providing a nurturing and natural means for reducing anxiety that creates a healthy, calmer learning environment for students, staff, and community members.

8

The Journal – Connecticut Association of Boards of Education | October, 2019

The Media Message by John Henry Smith, Baldwin Media Marketing, LLC

Binge Watch Your Way to a Public Relations Education

You know that famous book “Everything I Need to Know, I Learned in Kindergarten?” Well, think of this article as “Everything I Need to Know I Learned from Channel-Surfing from My Couch” (or something a little less wordy, if you prefer). Some of the most entertaining shows on streaming services right now also are chock-full of public relations lessons. Here are four shows that might teach you a thing or two…or three:

BILLIONS

Full disclosure: I was a background actor for this show in season three, so I’m a little biased about this Showtime gem! It’s a show about the Moby Dick style, “ends-justify-themeans” pursuits of money, power and revenge by a powerful hedge fund manager, the U.S. Attorney for the Southern District of New York, and the “birds-of-a-feather” in their orbits. It’s also a show that features many examples of crafting a message to move people around to the crafter’s way of thinking. Here’s an example: A political operative threatens to derail your run for office by exposing your less than wholesome behavior. The solution: hold a press conference in which you fess up to everything, ask who among us doesn’t have some embarrassing vices, reinforce why you’re still the best candidate, and stay in the race. There was a moment in Season 2 that I think is relevant to anyone who is trying to pitch a good story about your school district to the media. The hedge fund manager’s wife, Lara, was complaining that the financier she had just met with about funding her medical supply business didn’t take her seriously and wasted her

time. Here was her husband Bobby’s reaction: “What is it you do that you’re the best in the world at? You offer a service you didn’t invent, a formula you didn’t invent, a delivery method you didn’t invent. Nothing about what you do is patentable or a unique user experience. You haven’t identified an isolated market segment, haven’t truly branded your concept. You need me to go on? So why would an investment bank put serious money into it?” Bobby was telling Lara what the venture capitalists needed to hear from her if she wanted to convince them to invest their money. In pitching a story the media, you need to think about what a reporter needs to hear from you to entice them to invest their time. To simplify Bobby’s message, approach reporters with what THEY (not you) would find unique and enticing about your story pitch. To do that, you’ve got to understand the kind of stories they do and be brutally honest with yourself about why your story is (or is not) unique.

PARKS AND RECREATION

Saturday Night Live alum Amy Poehler stars as Leslie Knope, the relentlessly glass-half-full Deputy Director of the Pawnee (IN) Parks and Recreation Department. It’s a funny show that — for all the well-researched truth it portrays — might be even funnier to folks with experience working in city government positions (sound like anyone you know, CABE friends?). There are quite a few episodes where municipal leaders like Knope have to wrestle with the portrayal of their efforts in the press. When Knope meets with the press, she’s always prepared for reporters’ questions and she’s very disciplined

about the message she delivers, both in terms of content and brevity.

Great Public Relations Episodes:

Season 1, Episode 3: “The Reporter” – a great reminder that no comment you make to a reporter is “off-the-record” unless that condition is expressly agreed to. Season 4, Episode 6: “End of the World” – Often in the show, Leslie takes the very public relations-positive step of suggesting headlines for the stories set to run about her initiatives in the Pawnee Journal. In this episode, it will be a challenge for you not to spit out whatever you’re drinking when she suggests a headline containing the words “Zorp, Schmorp…” in it! By the way, one of my favorite lines from this series is when a character says, “There’s an old saying in show business ‘The show must go wrong.’ Everything always goes wrong and you just have to deal with it.” That leads me to the point I hope to make in my next highlighted show.

GAME OF THRONES

A favorite motto of the “House of Stark” in this medieval fantasy epic is “Winter is Coming.” The various factions spend a great deal of time planning for the hardships to come from the arrival of literal and metaphorical winter. From a public relations perspective, that means understanding it’s only a matter of time before one of your students posts a racist or sexist social media message, a teacher breaks the law, or something unfortunate happens in the class room. Always remember that “winter is coming,” and prepare like the Starks during the quiet times so that you’re ready when a crisis hits. One other “winter is coming”

moment from the show is when the realization hits everyone that undead “White Walkers” and their leader “The Night King” are on their way to Winterfell en-masse and hellbent on destroying mankind. As Jon Snow said, “They’re coming. We have dragon glass and Valyrian steel. But there are too many of them. Far too many. Our enemy doesn’t tire, doesn’t stop, doesn’t feel. We can’t beat them in a straight fight.” It was out of this existential threat that the perpetually blood-feuding Houses of Targeryan and Stark decided to stop trying to kill each other and join forces. This is not public relations related, per se. But, it is related to the phenomena of warring fiefdoms/departments in bureaucracies like a public school system. Take a cue from “The Battle of Winterfell” and remember that you’re all on the same side in the fight for a good education for every child.

SCANDAL

Where would any article like this be if it didn’t mention the show that was specifically about public relations/ crisis management? I’m not going to give you a specific episode to choose here because there are too many to choose from. I will say that something you see occur often on “Scandal” is a media training session. These sessions are masterclasses in how to conduct yourself when you’re being interviewed by a reporter. Olivia Pope gives excellent advice on — among other things — the importance of posture, eye contact, avoiding “no comment” responses, and — I think most importantly — how to come off as genuine while remaining on message. All of these shows are available on one of the popular streaming services. Watch them and take notes!

Women in Public Office Patrice McCarthy

Deputy Director and General Counsel, CABE

Nationally and within Connecticut we are seeing an increase in the number of female candidates for public office. Despite being 50 percent of the population, women currently only represent 23.7 percent of Congress, 28.9 percent of state legislative seats (an increase of 3.9 percent over 2018) and 18 percent of governorships. They also hold 29.3 percent of the statewide elected offices, including attorney general and lieutenant governor, based on data compiled by Rutgers University. While still low, these percentages are the highest ever. In Connecticut, 33.2 percent of the

legislators are women. Connecticut has had a long history of women in positions of political leadership, including the late Governor Ella Grasso, the first female governor who did not succeed her husband in office. Lieutenant Governor Nancy Wyman recently ended her 39 years of public service, which began when she was elected to the Tolland Board of Education in 1979. State Treasurer Denise Nappier retired in January 2019 after 20 years in her position, and former Congresswoman Barbara Kennelly represented Connecticut from 1981-1999. A recent survey sponsored by POLITICO, American University and Loyola Marymount University finds that the election of the current

President has mobilized more women to take political action, but also shows that women in both parties remain significantly less likely than men to have thought about running for office. The POLITICO report found that factors that dissuade women from running for office begin at a young age and include parental encouragement and sports. They found that in high school boys and girls reported an almost equal interest in politics, but the gender gap begins at the college level. Other studies have shown that women’s colleges produce a disproportionate number of female politicians and policy-makers. Polling women and men in the careers of business, law, education and politics/ activism, they found women were

almost as likely to have had relevant political experience including policy research, public speaking, soliciting funds and interacting with public officials. However, 57 percent of those women thought they were qualified or very qualified, compared to 73 percent of men. One area where women feel qualified for and are willing to run for office is the local school board. A poll by the American Association of Administrators of School Superintendents estimates that women represented 43 percent of the nation’s school board members in 2014-15. Women serving on school boards are an untapped potential for service in other political offices.

The Journal – Connecticut Association of Boards of Education | October, 2019

9

REGISTER TODAY!

CABE/CAPSS Convention | November 15-16, 2019 | Mystic Marriott Hotel, Groton, CT v B e Inspired by the General Session Speakers:

Follow along with

#CABECAPSS2019

for the latest Convention updates.

2019 CABE Events Mobile App

Friday, November 15

Friday, November 15

5:30 – 8:00 pm

8:30 – 10:45 am

Sea Tea Improv

Derrick Gay

v Student

Saturday, November 16 Get instant access to 8:30 – 9:30 am

all sorts of valuable, information, including the CABE/CAPSS Convention.

George Couros

Panel Discussion | Saturday, November 16 | 12:05 - 1:35 pm

What do students think about transforming K-12 education?

This keynote panel features the leaders of tomorrow – students from diverse backgrounds, immersed in next generation learning models, who will share their perspectives on shifting toward student-centered approaches to learning. They will present research they have gathered and will take questions from the audience.

vD iscover what will help you be an effective board member with 35 workshops sessions. vE xplore the Exhibit Hall Floor… Visit more than 50 exhibitors who are excited to share ways

Be sure to download this app

@ConnecticutAssociation ofBoardsofEducation @CTAssocBdsofEd

they can help your district’s work.

Register NOW and SAVE!

Register today at: http://www.cabe.org/page.cfm?p=1145

“So You Want to Be a Board Member?” Workshops

CABE Sr. Staff Attorney Rebecca Adams Rieder spoke to participants at C.E.S. on September 5 about current issues in public education.

CABE Sr. Staff Associate for Gervernment Relations Sheila McKay spoke to participants at Thomaston High School on SepParticipants were engaged in the presentation on current issues in public edu- tember 9 about current issues in cation. public education.

CABE BOARD MEMBER ACADEMY

Tuesday, October 22

2019 CABE Legal Issues Workshop 8:30 a.m. Registration 9:00 a.m. - 12:00 p.m. Program Sheraton Hartford South, Rocky Hill

Tuesday, December 10 New Board Member Orientation/ Leadership Conference 8:00 a.m. 5:00 p.m. Sheraton Hartford South, Rocky Hill

MARY BRODERICK, ED.D

NSBA Northeast Director Lydia Tedone (Simsbury) spoke about the time and personal commitment of being a board member at the September 9 program.

Current Vacancy: East Granby Superintendent

SENIOR CONSULTANT

For more information contact

CABE Search Services

81 Wolcott Hill Road, Wethersfield, CT 06109

860-608-1763

Equal Opportunity Employer

10

The Journal – Connecticut Association of Boards of Education | October, 2019

We Are Well Suited to Respond to the Legal Needs of Boards of Education Attorneys and Counselors at Law

Berchem Moses PC is a leading player in the State of Connecticut in the field of Education Law. With 10 attorneys dedicated to this specialized practice, we offer a long history of experience and deep resources. We promise the highest level of service in a more cost effective manner. We work with boards of education to address a myriad of complex issues including labor and employment, student issues, special education, general counsel, and other challenges facing educators today. Be sure to visit www.connecticuteducationlawblog.com where our attorneys regularly cover legal matters that pertain to Connecticut schools.

www.berchemmoses.com Milford

75 Broad Street Milford, CT 06460 Phone: 203-783-1200

Westport

1221 Post Road East Westport, CT 06880 Phone: 203-227-9545

The Journal – Connecticut Association of Boards of Education | October, 2019

11

THE POLICY CORNER Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

Govern Through Effective Policy All boards of education strive to govern their school systems effectively. However, problems still commonly arise in school districts. The most effective boards of education minimize problems through the proper utilization of policy which provides the required leadership in partnership with the superintendent.

Board Leadership

Policy is the tool that provides the board power to allow or require action. It specifies what the board wants to see accomplished. It enables lay citizens to govern schools effectively, thereby eliminating or minimizing problems. Board members must remember that they are elected to lead, not administer. Policy is the board’s leadership tool. The board speaks through its policies which provide guidance to the superintendent and his/her staff. Therefore, the bylaw section of the board’s policy manual should contain a comprehensive bylaw that sets out the policy development process for the board. This process should contain the how, who and when of policy development, review, evaluation and revision. When developing and adopting new or revised policies, the board needs to give consideration to the vision and mission of the school system. The policies should assist in the attainment of the vision and mission statements. Boards should continuously ask, “How can we use our policy-making authority to cause our schools to become better?” Policy used creatively can result in responsible governance. Policy helps to move the system in the desired direction.

Monitoring

After policy adoption and dissemination, it is important to monitor policy to determine that it is appropriately implemented and followed. Keep in mind that policy should not be considered merely as a set of suggestions. Through policy statements, the board either mandates that something happens or permits something to happen that would otherwise not be permissible. Insist that policy be followed and establish a means to monitor the implementation of policy. In evaluating the effectiveness of board policies, in addition to determining if the intended results are being achieved, also consider if there are some unintended or undesirable consequences. Policies should

be revised as deemed necessary. Board policy provides the standards by which the district operates. It is through policy that a board states what it wants to see happen or achieved and why. All too often, however, policy manuals and the important information they contain are not appropriately disseminated. Just as it is important to involve people in decisions that affect them, it is equally important for boards to tell people about policies that may significantly affect them.

The Work Is Never Done

The job of policy development, like curriculum development, can never be considered to be finished. Policy is an ongoing and most important responsibility for all boards of education. It is essential that school board policies be kept current. School board policies are not static. Policy revision and updates must be viewed and embraced as an ongoing task for all boards of education. This can be accomplished in a number of ways, such as an in-depth, thorough analysis

“ Board members must remember that they are elected to lead, not administer. ” Students, their parents/guardians, in addition to the staff and the community, need the information contained in the board’s policies. Priority initially must be given to informing students and their parents/guardians about information contained in board policies and their accompanying administrative regulations. Many problems can be avoided by getting information to them before trouble occurs because of what they didn’t know. The easiest and most effective way to make sure students and citizens have access to policy is to post policies online. CABE’s Connecticut Online Policy Service (C.O.P.S.) continues to assist boards in the posting of policy manuals online with easy to use searchability. Another major vehicle used to disseminate such information remains the student/parent handbook. Policies critical to student success should be included in a handbook provided to students and their parents/guardians each year. Increasingly, these documents are also being placed online. The policy manual should also be available in every public and school library and at the board offices. Handbooks must be reviewed annually and updated as necessary to assure consistency with changes in board policies, administrative regulations, new or revised state/federal regulations, judicial decisions and changes in local procedures and practices. It should be determined annually which policies should be contained within the handbooks of all schools in the district and posted on school and district websites.

of the policy manual, annual reviews using material provided by CABE’s Policy Update Service quarterly publication, and discussion of identified policy areas on a regular basis at board meetings. It is also important for the superin-

tendent to develop written administrative procedures/regulations to assure the board that policies are being implemented fairly and consistently. Administrative regulations or procedures provide guidance for administrators in uniform administration of policy and procedures. Administrative regulations, also known as procedures, while not adopted by the board, provide it with assurance that the superintendent understands and is striving to carry out the intent of the policy statement. Remember, beyond the fact that the policy manual is a legal compliance document; it is also the governing document of the school district. This is the place that staff, students, parents and community members should be able to look to hear the voice of the board. The policy manual is the document that allows the board to make clear its leadership and direction for the district. CABE’s Policy Services is prepared to assist you fulfill your important policy responsibilities in what promises to be another challenging new school year. Give full attention to the challenge of making schools continuously better through a vision for an excellent school system and through policy development.

12

The Journal – Connecticut Association of Boards of Education | October, 2019

Meet the CABE Area 1 Director

We began profiling the CABE Area Directors in the January issue of the CABE Journal. CABE Area Directors and Co-Directors serve on the Board of Directors and provide a vital communication link with the Board, staff and regional and local boards of education. This month, we profile Area 1 Director Doug Pfenninger (Winchester). What made you want to join your local Board of Education? PFENNINGER: I believe in the importance of education, not only for the benefit of our children but for the health and success of the town. Helping to restore sound management and improving the quality of instruction were my primary goals for joining the Board of Education. How long have you served on your local Board of Education? PFENNINGER: I served on the Bethany Board of Education for twelve years, the last six as Board

Chair. After moving to Winchester in 2008 I was elected to the Winchester Board of Education in 2015, the year Winchester entered state receivership. When authority to run the schools was restored to the town in 2017 I was elected Board Chair by my fellow board members.

Doug Pfenninger

What are you most proud of in your work on your local Board of Education? PFENNINGER: I am extremely proud of the way in which my board works in collaboration with our administration to improve instruction in Winchester schools. In the recent past, Winchester was noted for a divisive atmosphere with little public trust in elected officials. Our Board of Education has been able to restore the faith of the community in our competence and integrity.

Why did you join the CABE Board of Directors? PFENNINGER: Participating in a state wide organization of like-minded people is a great opportunity to learn from shared experience and knowledge.

What do you see as the most important work CABE does? PFENNINGER: Educating and advising board members about their roles and responsibilities. Serving on the local Board of Education requires time and dedication, but

without proper guidance, Board of Education members can work very hard at the wrong things (micromanagement, personal agendas etc.) which ultimately prove counterproductive. 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? PFENNINGER: We should set high expectations for ourselves and our schools. Raise the bar whenever you can, don’t let anyone tell you what our students cannot achieve, be a promoter for the schools and be prepared to defend what you do as a board member.

“ If your actions inspire others to dream more, learn more, do more and become more, you are a leader.” – John Quincy Adams

The Journal – Connecticut Association of Boards of Education | October, 2019

13

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: zP rovided workshop for Board of Education candidates in Thomaston. z Facilitated Candidate Workshop at C.E.S. in Trumbull. z Responded to 43 requests for policy information to 19 districts, one attorney, one charter school and two newspapers on 33 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 background reference checks, use of sunscreen by students, sexual harassment and student health related issues. z Provided workshop for the Andover Board of Education on roles, responsibilities, and board of education operating protocols.

z Provided workshop on Developing Board Operating Processes to Focus on Student Achievement for the Griswold Board of Education. z Provided New Board Member Orientation, including understanding district vision and strategic plans, linking board budgets to mission, and aligning board of education work to place student achievement first for the Region 5 Board of Education. z Provided Lighthouse training for the Montville Board of Education.

B y providing services to meet member needs: z S taffed meeting of CABE Government Relations and Resolutions Committees to review resolutions. z Prepared materials as part of the Custom Update Service, for East Hampton, Sterling and Windham. z Completed the audit of the policy manual of the Lisbon Public Schools. z Currently working on the audit of the policy manual of the East Granby Public Schools.

z Facilitated board self-evaluation for the Region 8 Board of Education.

z Entered into agreements to do audits of the policy manuals for Stafford and Kent districts

z Met with new New Milford Superintendent of Schools Kerry Parker on CABE services, activities and programs.

z Placed the policy manual of Barkhamsted online as part of CABE’s Policy Online Service.

z Met with new Hartland Superintendent Imma Canelli on CABE services, activities and programs. z Facilitated roles and responsibilities workshop in Madison.

B y ensuring members receive the most up-to-date communications: z Prepared materials as part of the Custom Policy Service, for Montville and Stamford. z September Journal Article regarding D.S. v Trumbull Board of Education, the case pending in the Second Circuit Court of Appeals regarding school funded IEEs and its potential impact on school boards nationwide.

B y helping school boards to increase student achievement: z S ent via listserv two issues of “Policy Highlights” covering topics that affect student achievement. This included equity and diversity, expulsions, handling complaints, district chart of financial accounts, non-lapsing education funds, financial reporting, computer science education and participation in sports.

z Staffed Talented Student Subcommittee which selected student performers and displays for the CABE/ CAPSS Convention. z Provided information in response to 72 legal and labor relations questions from 21 districts. Topics included:

B y attending Professional Development to strengthen staff knowledge and skills. z Participated in NSBA Council of School Attorneys webinar on ethics. z Participated in American Association of School Personnel Administrators (AASPA) webinar on FMLA administration and compliance.

z Participated in Anti Defamation League (ADL) webinar.

z Attended Shipman and Goodwin Education Law Seminar. z Participated in CT Society of Association Executives (CSAE) webinar on association management and leadership.

z Participated in teleconference on data collection subcommittee for NSBA’s Organization of State Association Executive Directors.

z Participated in CSAE webinar on turning volunteers into ambassadors.

B y representing Connecticut school boards on the state or national level: zR epresented CABE on Social and Emotional Learning Taskforce. z Attended State Board of Education meeting. z Worked with NSBA on 2nd Circuit Court of Appeals Amicus Brief. z Became a member CASPA, the Connecticut Association of School Personnel Administrators and the National ASPA. z Chaired meeting of Digital Learning Advisory Council of the Connecticut Commission for Educational Technology. z Participated in conference call for NSBA Federation of Trainers on national standards of practice for school board members. z Attended meeting of the Connecticut Commission for Educational Technology.

• How and when to take action on items removed from the consent agenda during a meeting

z Participated in 2019 NSBA Summer Leadership Conference.

• Students living full time with families who own property in district but are residing elsewhere do not qualify as residents.

z Met with Sarah Barzee, WestEd’s Senior Director of State Education Services/Leading Innovations on how CABE can work with WestEd.

z Met with Connecticut Commission on Women, Children, Seniors, Equity & Opportunity Executive Director Steve Hernandez on working together.

• Readings for policies tabled from the previous school year

• Guidelines for bidding and negotiating bus contracts

Miguel Cardona on how CABE and SDE can work together.

B y helping districts operate efficiently and conserve resources: zF acilitated retreat and provided roles and responsibilities workshop for Woodbridge Board of Education. z Participated in Plymouth Board of Education non-certified contract mediation. z Provided individualized settlement data from comparable districts for non-certified contracts and recent wage and benefit settlement data to six districts. z Developed negotiation goals, strategies, and outlined proposals for two districts. z Analyzed and provided language and contract term comparison information from like districts for non-certified contracts to two districts and provided contract language relating to non-seniority based layoffs to one district and regarding previous agency fee payers (employees option out of union membership) to two districts. z Provided CABE-Meeting training for Windsor staff.

z Spoke on panel for the Connecticut School Counselors Association at Southern Connecticut State University about the importance of school counselors.

• Past practices, local charter provisions, and state law are all relevant when boards are filling mid-term vacancies

z Participated in Commissioner’s Back-to-School Meeting, including speaking before the superintendents on CABE’s four core areas: advocacy, policy, professional development and communications.

• Interview questions for mid-term interviews of board candidates

z Attended Governor’s Forum on Education.

• Inviting board members to speak during public comment at committee meetings to avoid holding illegal meetings

z Hosted and participated in Resolutions and State Relations Committee meetings. z Met with Education Commissioner

From the Connecticut Conference of Independent Colleges September 6, 2019 The Independent Voice.

14

The Journal – Connecticut Association of Boards of Education | October, 2019

How Well Do You Know Your Community? Robert Rader

Executive Director, CABE

As the 2020 Census count begins, every school board and superintendent should ensure that all members of their communities are properly counted. Knowing the demographics of your community is an opportunity to consider the services, programs and activities that your district will need to provide in the years to come. The U.S. Census Bureau states the “Some of the federal funding based on census statistics is for services that influence students’ readiness for learning, including maternal and child health programs, and housing, heating and food assistance.” In addition, “when it comes to schools, the 2020 Census will determine funding for special education, teacher training, technology, school lunch assistance, Head Start and after-school programs.”

Population Data

According to SDE’s 2017-18 Condition of Education, “Connecticut’s student enrollment has declined by 3.6 percent over the past five years. Though lower, the enrollment is increasingly more diverse (i.e., 46.4 percent are nonwhite), poor (i.e., 36.7 percent are eligible for free or reduced price meals), and with greater educational needs (i.e., 14.8 percent are students with disabilities while 7.2 percent are English learners) than just five years ago.” While the Census is supposed to be a count for 10 years, significant demographic change can happen quickly. Obviously, those numbers are averages, so changes in your town may be faster and the data may not reflect what is happening in your community. An example of how important it is to count all citizens is the federal funding for special education. When IDEA was originally signed into law,

the Federal Government promised to pay 40% of the costs. Connecticut now only receives approximately 5 percent of our special education costs. The average across the states is approximately 15-18 percent. We must ensure all students are counted to get the funding to which our districts are entitled. The Connecticut Complete Count Committee (CCCC), launched by Lieutenant Governor Susan Bysiewicz, is to “inform and help direct the State’s efforts in this important endeavor.” CCCC’s website stresses that “Connecticut is ranked first in the nation for paying the most in federal income taxes and we are amongst the lowest in getting federal dollars in return. Therefore, it is extremely important that Connecticut state government take an active role in facilitating counting efforts.”

Community Engagement

While the full census is an everyten-year effort, only by knowing your own community can a board and superintendent ensure that the district is getting the support it needs from parents, concerned citizens, business and others. If you believe as I do, that the basic idea of a school board is to connect the will of the community to the education of its children, community engagement is crucial. Here are some ideas from the Lighthouse Initiative that boards and superintendents should consider as they attempt to engage their communities. NOTE: This information may be helpful, but it is not an exhaustive list. Some suggestions may not be appropriate for your district (such as a small one-school district hiring a full-time communications person). Workshops on these community engagement concepts are available to all member Boards from Senior Staff Associate Nick Caruso. 1. Make Engagement a Priority and

Establish an Infrastructure. HOW: Establish an Engagement Office staffed with professionals who have roots in the community. Require each school to develop engagement plans or incorporate the same in their school improvement plans. Foster teacher/parent home visits. Sponsor community meetings with key stakeholders and various community organizations and groups. 2. Communicate Proactively in the Community: Inform the Community. HOW: Mailings, newsletters, blogs, email, open houses, workshops and courses, picnics, neighborhood walks, welcome sessions, parent advocacy sessions. Provide materials in multiple languages, hold events in safe and welcoming places. Consider assistance with transportation and child care. Visit every home before the first day of school. 3. Listen to the Community and Respond to its Feedback. HOW: Conversations, public forums, surveys, focus groups. Focus on stories of success and develop a standard way to describe initiatives, strategies, and performance targets. 4. Offer Meaningful Opportunities to Participate. HOW: Parent support classes to help them assist in their child’s academic progress. Sponsor student success events. Create community partnerships to secure public backing for district initiatives. Find creative ways to involve

parents in policy-making, program creations and school practices. 5. Turn Community Supporters into Advocates and Leaders. HOW: Have community members, parents and educators sit on advisory groups that review and take part in decision making regarding school improvement plans, budgets, and progress reports. 6. Community engagement must be intentional, strategic, and sustained over time. What does it look like: It is an ongoing, continuous, and long-term process. It uses a variety of strategies to reach the full community. It involves “listening to” and “deliberating with” members of the public. It seeks to find common ground among the stakeholders. It centers on policy concerns rather than day-to-day decisions. It is often a new way of doing business for a board and community. Here is a link to the US Census Bureau’s website, including its Statistics in Schools program, which provides projects for students: https://2020census.gov/en?utm_ campaign=20190913msc20s1ccedurs&utm_medium=email&utm_ source=govdelivery Here is a link to the CCCC effort: https://portal.ct.gov/Office-of-the-Lt-Governor/News/Press-Releases/2019/02-2019/ lt-gov-bysiewicz-launches-connecticutcomplete-count-committee-to-help-prepare-for-2020-census Here’s a link to SDE’s Edsight which provides information on individual schools and districts: http://edsight. ct.gov/SASPortal/main.do

People in the News

Did You Know?

You can register yet-to-be-elected Board members for the CABE/CAPSS Convention by using New Board Member 1, New Board Member 2, etc. in place of a registrant’s name. Immediately following the election, please provide in writing to Nancy Propfe (npropfe@cabe.org) the names of those registered. If someone a slot is held for is not elected, the district will not be charged. Substitutions are accepted at any time. All substitutions and cancellations MUST be submitted in writing to Nancy Profpe at npropfe@cabe.org.

MEETINGS OF INTEREST

October 2

October 4

October 2

November 1

Meeting of the State Board of Education – 9:30 a.m. 450 Columbus Blvd, Hartford

Advisory Committee on Intergovernmental Relations – 10:30 a.m. Legislative Office Building, 1B

Governor’s Council on Women & Girls: Advisory Committee on Education & Steam Subcommittee Intergovernmental Relations – 10:30 a.m. Meeting – 1 p.m. Legislative Office Building, 1B Legislative Office Building, 1D, Hartford * Meetings and Public Hearings subject to change.

CABE Leadership participated in NSBA’s Summer Leadership Conference. Pictured left to right: CABE President Robert Mitchell (Montville), CABE Deputy Director and General Counsel Patrice McCarthy, CABE Executive Director Robert Rader, NSBA Northeast Region Director Lydia Tedone (Simsbury), CABE Immediate Past President Ann Gruenberg (Hampton), and CABE First Vice President Donald Harris (Bloomfield).

Lydia Tedone (Simsbury) was re-nominated for another three years on the NSBA Board of Directors as Northeast Region Representative. Donald Harris (Bloomfield) was selected as Northeast Alternate Delegate to NSBA’s Nominating Committee.

The Journal – Connecticut Association of Boards of Education | October, 2019

15

Courtney’s Bill to Repeal “Cadillac Tax” Wins House Approval Sheila McKay

Sr. Staff Associate for Government Relations, CABE

Congressman Joe Courtney, whose district covers most of eastern Connecticut, has succeeded in an overwhelming House vote to repeal the “Cadillac tax”, which was a part of President Obama’s health care reform (also known as “Obamacare”). On July 17, U.S. House members voted 419-6 in favor of the repeal. The Cadillac tax is a 40 percent

excise tax on higher premium employer-sponsored health insurance plans aimed at “Cadillac” health insurance plans. Slated to go into effect in 2022, it would tax plans with premiums starting at $11,200 for individuals and $13,200 for families. These premiums are well under the cost of health insurance for many school employees. Whether the individual employees or employers, such as school boards, would pay the tax would probably have to be decided in collective bar-

gaining negotiations. As we realized the detrimental effect the tax would have on school budgets, we lobbied the National School Boards Association to take up this issue. It adopted a resolution calling “for changes in the Affordable Care Act to modify conditions under which penalties may be imposed on school districts…for health insurance coverage that exceeds the price benchmark established by the law.” The entire Connecticut House

delegation voted for Congressman Courtney’s bill. To indicate the bipartisan nature of the bill, Reps. Mike Kelly (R-PA), Suzan Delbene (D-WA), Elise Stefankk (R-NY), Donald Norcross (D-NJ), and Chris Smith (R-NJ), had been working with Courtney. After the overwhelming passage in the House, Congressman Courtney stated, “Now, Senator McConnell must take a cue from the strong statement made today in the House and bring this bill up for a vote in the Senate.”

CABE Executive Director Robert Rader spoke about CABE advocacy, policy, professional development and communications services at the August 21 Commissioner’s Back to School meeting. CABE Board of Directors had the opportunity ask The CABE Resolutions and Government Relations Committees met on questions of the State Board members and Commis- August 26 to determine resolutions to be brought forward at the CABE sioner Cardona. Delegate Assembly on November 14.

16

The Journal – Connecticut Association of Boards of Education | October, 2019

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

Special education issues

O

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

O

Cases in the federal and state courts and before administrative agencies

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

pullcom.com

@pullmancomley

William R. Connon 860.424.4385 wconnon@pullcom.com

Donald F. Houston 203.330.2245 dhouston@pullcom.com

Melinda B. Kaufmann 860.424.4390 mkaufmann@pullcom.com

Zachary D. Schurin 860.424.4389 zschurin@pullcom.com

Stephen M. Sedor 203.330.2137 ssedor@pullcom.com

Mark J. Sommaruga 860.424.4388 msommaruga@pullcom.com

Michael P. McKeon 860.424.4386 mmckeon@pullcom.com

BRIDGEPORT

HARTFORD

SPRINGFIELD

STAMFORD

WATERBURY

WESTPORT

WHITE PLAINS

203.330.2000

860.424.4300

413.314.6160

203.324.5000

203.573.9700

203.254.5000

914.705.5355