The CABE Journal - September 2019

B C

www.cabe.org

Vol. 23, No. 8

September, 2019

CT Supreme Court Requests CABE’s Amicus Curiae Input

Dr. Derrick Gay CABE/CAPSS Convention Friday Morning General Session Speaker

Denies student’s claim that expulsion violated his First Amendment right to freedom of speech.

Haughwout v. Tordenti SC 20076

Lisa Steimer

Sr. Staff Associate for Professional Development and Communications, CABE

The CABE/ CAPSS Convention Committee is pleased to announce that Dr. Derrick Gay will be our Friday morning General Session speaker. Dr. Gay will engage participants in an interactive keynote presentation exploring Diversity, Equity and Inclusion with the goal of deepening cultural competency, cultivating common frameworks, vision, and language.

The keynote will explore a range of the following topics: deconstructing challenges around the word diversity, cultivating the business rationale and ROI/value proposition highlighting the ways in which all students benefit from cultural competency, engaging in initial identity work to learn more See DR. DERRICK GAY page 10

Rebecca Adams Rieger Sr. Staff Attorney, CABE

Welcome Back!

The CABE Board Member Academy is Proud to Announce a New Service Schedule of Fall, 2019 Member-Only Webinars

Webinars held on Thursdays from 12-12:50 p.m.

All will be archived for future viewing

FREE for CABE Member Board Members

SEPTEMBER 26: Brain Science of Early Childhood John Spatz, Executive Director, Nebraska Association of School Boards OCTOBER 10: Holidays and Public Schools Patrice McCarthy, Deputy Director and General Counsel, CABE

Rebecca Adams Rieder, Sr. Staff Attorney, CABE OCTOBER 24: The College Board: Environmental Context Dashboard Alan Bernstein, Sr. Director K12 Services, The College Board NOVEMBER 7 Conducting a BOE Organizational Meeting Patrice McCarthy, Deputy Director and General Counsel, CABE Rebecca Adams Rieder, Sr. Staff Attorney, CABE

SCHEDULE OF FALL 2019 HOT TOPICS Rovins Conference Room, CABE Office 9 – 11 am

September18: The Future of Public Education October 23: Board Chair Roundtable November 7: Big 5 District Roundtable

Central Connecticut State University officials expelled Austin Haughwout after investigating and substantiating multiple complaints from CCSU students that Haughwout repeatedly made threatening comments and gestures, including stating, during a fire drill, that “someone should really shoot up the school for real so it’s not a drill.”

Others reported that Haughwout regularly motioned as if he was aiming a gun and shooting at other students, wondered aloud how many rounds he would need to shoot people at the school, mentioned that he had bullets at his home and in his vehicle, showed pictures of guns he owned and bragged about bringing a gun to school, named a particular student as his “number one target,” made reference to a shooting at an Oregon community college where several students had been killed and stated that the Oregon shooting had “beat us” [in kills].

Haughwout denied that he said anything about shooting or targets and argued that any statements he did make were meant as a joke. He filed a lawsuit against the university claiming that they violated his First AmendSee CT SUPREME COURT page 16

ACES RSET protects students

Ninth Annual Summer Leadership Conference

What are microaggressions and unconscious bias?

CABE Annual Report

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Connecticut Association of Boards of Education Inc.

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The Journal – Connecticut Association of Boards of Education | September, 2019 PRESIDENT COMMENTARY Mission: To assist local and regional boards of education in providing high quality education for all Connecticut children through effective leadership.

Summer’s Over – It’s Time for Renewal Robert Mitchell President, CABE

Another summer has come and gone and our children are starting to show up in school, ready for a new year. Classrooms are shiny and teachers are polishing up their lesson plans.

Hopefully you have spent some time this summer recharging your batteries and you are ready to get back in the fray for another year.

I’m excited about the new school year. Our board recently started Lighthouse Training and already we are starting to see our role differently. The board members who participated have a renewed sense of urgency and have recommitted to serve EVERY child in our district. We can’t wait for our next session!

Montville does pretty well. A significant number of our children are successful, but we realize that not all of them are. Our Lighthouse trainer showed us a PowerPoint slide with 2,180 smiley faces on it – each one representing a child in the Montville Public Schools. He challenged us to think of each face as a real child. Two thousand, one hundred eighty students. If even 10% of our children are not successful, that means over two hundred children are not achieving what they can. That is on us.

It is too easy, when looking at statistics, to forget that each number, every percentage point has real, living human beings behind them – whose

very future depends on us getting it right. There is plenty of research out there that shows that with the right support, virtually every student can be successful, and if they are not, it’s on us.

Noted educator, Ron Edmunds once said, “We can, whenever and wherever we choose, successfully teach all children whose schooling is of interest to us. We already know more than we need to do that.”

He went on to say that if we fail to do so, it is a matter of public will, not ability.

That is what boards of education are there for – to build public will for supporting – no - DEMANDING quality public schools. To do so, we must first understand what can be. We need to learn how to better articulate that to our students, staff and community. We need to build school districts that prepare each child for whatever comes next, whether it is a geography quiz, high school graduation, or post-graduate work. This could be college, a trade, the military – the possibilities are endless.

We need to get our communities to invest in public schools, not just monetarily, but with their energy and beliefs. They need to believe that quality schools are critical to the success of their town, their state and country.

We need to provide each and every student a highly trained, highly effective teacher. We need to have a

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 quality curriculum, delivered with fidelity.

To do so, we need to change how boards approach their work. If we are going to better understand what schools do, and how to lead and support those efforts, we can’t do business as usual. There just isn’t enough time in the day to do all that, and the many other things boards have traditionally done. We don’t need to manage the system; that is the job of the administration. We need to govern and lead.

In Montville, we are beginning to understand how critical boards of education are to improving teaching and learning. Yes, there are horror stories where boards contribute to the problem. However, the fact is, systemic, meaningful change in teaching and learning will not take place without the leadership of a highly motivated, highly effective board of education and administrative team; all who know their proper roles and operate within those parameters.

That is the commitment our board of education made this summer, to participate in professional development that will help us get better, and make our schools better. I encourage you all to think about the work you do and the children who depend on you.

Getting it right will greatly enhance our society. Getting it wrong… well, I keep thinking about those smiley faces.

CABE BOARD MEMBER ACADEMY UPCOMING CABE WORKSHOPS Tuesday, October 22

Tuesday, December 10

2019 CABE Legal Issues Workshop

New Board Member Orientation/ Leadership Conference

8:30 a.m. Registration 9:00 a.m. - 12:00 p.m. Program Sheraton Hartford South, Rocky Hill

8:00 a.m. 5:00 p.m.

Sheraton Hartford South, Rocky Hill

Check your email for registration information.

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 Jonathan Gilman | Area 9 Co-Director, Bozrah Sean Nugent | Area 9 Co-Director, Preston ASSOCIATES Julie Ausere | Associate, Canton Eileen Baker | Associate, Old Saybrook Robert Guthrie | Associate, West Haven John Prins | Associate, Branford Robert Trefry | 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 | September, 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

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EXECUTIVE DIRECTOR COMMENTARY

Connecticut: Focusing on College and Career Readiness Robert Rader Executive

Over the last year, there has developed a real sense of urgency within the business community, foundations, the Legislature and the Governor’s Office, on the need for our students to be ready for the changes in our economy.

The Connecticut Business and Industry Association (CBIA) has been calling for better-prepared graduates as their members see more retirements and fewer candidates with the skills needed to succeed, especially in manufacturing.

Here is the comment from Pratt & Whitney CEO Bob Leduc, at a CBIA event: “My biggest concern is people…

Am I going to be able to find enough qualified people to grow this business and thrive in this state?” He said a lack of skilled workers “is the one thing that keeps me up at night.”

Between retirements and growth, Pratt will need 8,000 new hires in Connecticut in the next 10 years, 30% of them in manufacturing, Leduc said.

CABE and NSBA Involvement in These Issues

I have been involved, as your representative, on the Steering Committee of a Connecticut Voices for Children’s initiative, sponsored by the Nellie Mae Foundation, on college and career readiness.

I also serve on the Campaign for Working Connecticut, which is a loose group of businesses, leaders from State Government, educational leaders and others, led by Capital Workforce Partners. This group also focuses on the skills of employees across our State and how it matches up to the needs of our businesses.

There have been ongoing discussions about how to bring these disparate elements together to build the most effective partnership possible on this important work. The Connecticut Council for Education Reform (CCER), (soon to be known as “Connecticut Ready”) hosted a meeting in May, discussing how we can best accomplish this. CAPSS also is involved in these discussions.

Even as Connecticut focuses on this issue, the National Governors Association (NGA) developed a publication, “Aligning State Systems for a Talent-Driven Economy: A Roadmap for States”, based on its Talent Policy Pipeline. It is working with 13 states (it does not include Connecticut) and suggests how states can take action in this area.

The National School Boards

Association (NSBA) recently convened the leadership of major business, trade and membership organizations to advise school boards on how to increase workforce readiness. Their report identifies six “LifeReady Skills,” such as critical thinking and decision making that will better prepare students for success in life and features recommendations to help school districts teach these skills.

Connecticut continues to focus on the positives in our State, for example, The Hartford Business Journal recently noted that 42% of Connecticut workers “have at least an associate degree or higher.”

We have a target for the education of all of our students. Public Act 15-75 set Connecticut’s goal of having 70% of adults by 2015 have a bachelor’s degree and at least 30% with associates or sub-bachelor certificates in order to “ensure a workforce with the skills necessary for achieving and sustaining a competitive economy.”

As global competition increases, the need for skilled labor does as well.

From the NGA Report: Today’s fastest growing industries demand not only new skills but a higher level of skills overall. Individuals who have obtained these higher level skills have enjoyed more success in the economy. For example, individuals who have at least some postsecondary education have captured 11.5 million of the 11.6 million jobs created since 2007, whereas individuals with a high school diploma or less… have faced a net loss of more than 5.5 million jobs…”

With 65 percent of all jobs projected to require a postsecondary education by the 2020s, failure to meet [the needs of the future economy] could translate into unfilled jobs and lost economic opportunity for millions of workers.”

How has the nation done?

“The cohort of American adults aged 55 to 64 achieved educational attainment levels higher than their peers in all but two developed nations, but American adults ages 25 to 34 now trail their peers in 10 developed nations.”

Connecticut Has Advantages, But…

Connecticut students do very well when measured against those of most other states. According to Forbes Magazine, which used WalletHub to do a study examining a variety of education factors, Connecticut ranked third, after only Massachusetts and New Jersey.

However, the global economy requires our students and our labor force to outperform those in other nations.

It is very difficult to determine how Connecticut students compare with

their peers around the world. In some countries, only certain students take the international tests, but, according to a 2017 study by the Pew Research Center: “data from international math and science assessments indicate that U.S. students continue to rank around the middle of the pack, and behind many other advanced industrial nations.”

There are many positive initiatives in Connecticut helping students prepare for college or a career. I asked CCER Executive Director Shannon Marimon to describe some of the “bright spots”: “We are just in the early stages of inventorying these various programs/ pathways. However, the SDE has done a fair bit in this space already. For instance, in manufacturing, they have a best practices guide for advanced manufacturing programs, which outlines some of what they have identified as good practice.

As SDE builds out Perkins V work [a federal act aimed at strengthening career and technical education for the 21st Century] it is building out similar resources for other industry areas. Most of what is currently collected/known, is at the postsecondary level, so we are working to better identify what exists at the K-12 level. For instance, Goodwin College has a very cool ECAMP program that provides opportunities for high school students in the greater Hartford area, and there is a program at Hartford Public High School which brings together business and education through the Engineering and Green Technology pathway using the NAF model [National Academy Foundation].

We need to learn more from these models and scale those which have the greatest impact.”

What’s Happening in Your District?

Even as districts focus on student achievement, I know that our members are also specifically addressing college and career readiness. Are there new initiatives or the strengthening of older ones in your district in these areas? Has your board focused on these issues?

A paragraph on what you’re doing will not only help inform our work, but will be shared in the CABE Journal.

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A MESSAGE FROM THE CT LOTTERY

The Journal – Connecticut Association of Boards of Education | September, 2019 CABE_backtoschool_2018.pdf

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8/6/18

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A MESSAGE FROM THE CT LOTTERY

1 Balance gambling with other types of leisure activities 2 Set a time limit before you play Knowgambling how the game workstypes and what the odds 1 3Balance with other of leisure are before playing activities 4 Play for entertainment, not to make money

2 Set a time limit before you play

3 Know how the game works and what the odds are before playing 4 FIND Play for not to make money OUTentertainment, MORE AT CTLOTTERY.ORG 5 Set a budget and stick to it

FIND OUT MORE AT CTLOTTERY.ORG

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5 Set a budget and stick to it

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

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See You in Court – The Nutmeg Board of Education

Can Policy Be Discussed in Executive Session?

Thomas B. Mooney, Esq. Shipman & Goodwin

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

Bob Bombast has long served as the Chairperson of the Policy Committee of the Nutmeg Board of Education. Over the last two years, the Committee has laboriously gone through the Board’s Policy Book, revising policy after policy to bring them into the 21st Century. With some pride, Bob convened the Policy Committee’s first meeting of the 2019-2020 school year, announcing “After all our hard work, I am pleased to say that we are finally all caught up. This should be the first and last meeting of the Policy Committee this year. Thank you all, and drive safely home.”

Ned Newbie is the most junior member of the Policy Committee, having served just since he was elected to the Nutmeg Board of Education last November. Though new, Ned is not shy, and he interrupted Bob. “Wait a minute! I just got through reading a legislative update. The General Assembly passed a bunch of new laws this year, and they call for a number of new policies for boards of education. We shouldn’t be resting on our laurels, and we should get busy.”

Bob’s annoyance was visible, but he maintained his composure and asked Ned pointedly what he would suggest from his perspective “as a new Board member.” With only a hint of condescension, Ned told Bob that the General Assembly had invited boards of education to revise their policies in various ways. “For example,” Ned explained, “we should start with our student discipline policy. It needs extensive revision because of Public Act 19-91. Wait, you haven’t read that yet?”

Now Penny Pincher, the other member of the Policy Committee, was also annoyed. “Ned, we just revised that policy last year, albeit late, to take into account the new requirements for alternative educational opportunities.

Why would we want to amend it again already?”

Ned was quite the know-it-all, and he was only too happy to explain.

“With the change of just one word, the General Assembly has fundamentally changed the expulsion statute. As you all surely know, boards of education have long been authorized to expel students in grades three through twelve if their conduct (1) violates a publicized policy of the Board, OR (2) is seriously disruptive of the educational process, OR (3) endangers persons or property, which reasons

were each separate. But as of last July 1, expulsion is now authorized only if student conduct either (1) endangers persons or property or (2) violates a publicized policy of the Board AND is seriously disruptive of the educational process. Given this change, we should list all possible disciplinary offenses in our policy, don’t you think?”

Now Bob was embarrassed that Ned Newbie knew so much more than he did about the need to revise Board policy. “That is important information,” said Bob stiffly. “Why don’t you draft a policy for us to consider at our next meeting?”

Ned was delighted to get this assignment, and he prepared a draft new policy for the next meeting of the Policy Committee. Bob called that meeting to order, and he then promptly asked for a motion to go into executive session, explaining that draft documents are confidential and can and should be discussed and revised in executive session before they are disclosed to the public.

Draft documents can indeed sometimes be maintained as confidential. Was Bob right to have the Committee go into executive session to discuss Ned’s draft?

• • • • • • • • • • • • • • • No, Bob was wrong. Executive session is indeed permitted for discussion of information contained in confidential documents. Moreover, the list of confidential documents set forth in Connecticut General Statutes § 1-210(b) includes “(1) [p]reliminary drafts or notes provided the public agency has determined that the public interest in withholding such documents clearly outweighs the public interest in disclosure.” However, when a draft is shared among the members of a multi-member public agency (here, the Policy Committee), it becomes a public document. Conn. Gen. Stat. § 1-210(e) provides that disclosure is required of “. . . any report comprising part of the process by which governmental decisions and policies are formulated, except disclosure shall not be required of a preliminary draft of a memorandum, prepared by a member of the staff of a public agency, which is subject to revision prior to submission to or discussion among the members of such agency.” Once a draft policy is circulated among members of a committee or the board itself, it is no longer confidential, and discussion of the draft in executive session is improper.

As to Public Act 19-91 regarding expulsions, Ned has a good point. As Ned described, the change of one word – “and” instead of “or” – is significant.

Now, except for situations in which a student’s misconduct endangers persons or property, expulsion of a student in grades three through twelve is authorized only if the student’s misconduct is both violative of a pub-

licized policy of the board of education and is seriously disruptive of the educational process. School boards can no longer simply rely on the catchall reason “seriously disruptive of the educational process” for an expulsion to be authorized. Rather, boards of education must now also find that the conduct in question also violated publicized policies of the board. Accordingly, it will be important for boards of education to review their disciplinary policies to assure that they are framed broadly so as to include student misconduct in all its variations.

Similarly, prior law prohibited smoking “within a school building while school is in session or student activities are being conducted.” However, Public Act 19-13 amends Conn.

Gen. Stat. § 19a-342(b)(1) to impose a blanket prohibition of smoking “within a school building or on the grounds of such school.” It may be necessary for boards of education to revise their related policy as a result.

Public Act 19-173 provides that boards of education must now amend the policy required by Conn. Gen. Stat. § 10-221o concerning school employees preventing a student from participating in the mandated twenty minutes devoted to physical exercise regular school day as a form of disci-

pline to address “undirected play” as well.

Public Act 19-60 even provides that students six and older must now be permitted to self-apply sunscreen before engaging in outdoor activities at school if their parent or guardian submits a signed authorization to the school nurse. This new law provides that boards of education “may adopt policies and procedures determined to be necessary by such board to carry out” its provisions, an interesting task to be sure.

Other revisions to the laws governing public education in Connecticut may require other changes in board policy as well. In this regard, CABE’s Policy Service, described at http://www.cabe.org/page.cfm?p=1161, is a helpful resource to provide guidance and assistance making sure that board policies are appropriate and up-to-date.

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 | September, 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.

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

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

Timothy Howes

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ACES RSET Is As Special As the Students It Protects

Assistant Executive Director for Finance and Operations, ACES

There may not be a more frightening or worrisome thing for a parent than putting a child on a school bus and sending them off alone to school.

Now, imagine that child suffering from emotional and physical challenges.

Area Cooperative Educational Services (ACES) listened to its member school district special education directors and superintendents to give birth to ACES Regional Special Education Transportation (RSET) program.

The ACES RSET program provides cost-saving, safe, quality transportation for special education students traveling to non-ACES placement sites. Connecticut is calling for more regionalism and efficient solutions in all aspect of education.

ACES RSET Services is the best choice for school districts in the ACES catchment area because it encompasses all aspects of transporting students with special education challenges including specially- trained drivers, liaison with students and families, and customized equipment that is affordably priced. This program means lower transportation costs and no headaches as ACES-trained personnel handle daily parent inquiries and concerns regarding their child’s transportation needs. This reduces stress, labor costs, and workloads for those responsible at the district level for special education transportation.

“We truly feel that we are as special as the students and families we serve. Our personnel have years of experience and advanced training in dealing with special needs kids and their transportation issues. We are

extremely proud of our safety record because, in the end, that’s all that really matters,” says Lynn Bailey, ACES project coordinator for the RSET program.

“All of us realize the stress and responsibility concerning special education transportation. Besides overall safety, we put the needs of the district, students, and families first.”

Unlike any other transportation provider, ACES RSET’s core business is special education transportation and focused on the student and family’s needs in terms of safety, availability, customized routes, and reliability. The RSET staff manages all aspects of special education student transportation including ongoing communication with the bus company, responding to parent requests and inquiries, managing schedules, and billing.

ACES RSET is currently providing transportation for students who

attend special education programs in the ACES district are Cheshire, East Haven, Hamden, New Haven, North Haven, Branford, and West Haven.

Out-of-district schools utilizing ACES RSET services for special education students attending include Cedarhurst (Hamden), The High Road School High School (Wallingford), The High Road Primary Middle School (Wallingford), The High Road BEST Academy (Wallingford), Hope Academy (Orange), IPPI (Stratford), Milestone Behavioral Service (Orange and Milford), Woodhouse Academy (Milford). Raymond Hill – Klinberg Family Centers (Meriden), Solterra Academy – CCMC (New Britain), The Foundation School (Orange and Milford), Northwest Village School (Plainville), Arch Bridge School (Bethlehem), Benhaven Academy (Wallingford), and Adelbrook

(Cromwell – Main Campus). Future plans are for adding regular school transportation.

For more than 50 years, ACES has been a leader in providing educational services for Connecticut. One of six Connecticut regional educational service centers, ACES is the regional educational services center for the 25 communities in the New Haven area and is both a school district and a non-profit services agency. ACES serves 2,300 students from 57 communities throughout Connecticut at its three magnet schools and nine special education schools.

Find out more by calling Lynn Bailey at ACES RSET at 203-498-6843 or at www.aces.org/rset. Her email address is lbailey@aces.org. If special education transportation is a special concern of yours, make the call to see what other district administrators already know.

For all of your

For an update or more information on vacancies visit our website.

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

Reporting Apps, Email Scanning, and Beyond: What Boards of Education Should Know About the Latest Trends in School Safety Jessica Richman Smith, Esq. Shipman & Goodwin

In the wake of violence affecting schools around the country, school districts nationwide are exploring new ways to keep schools and students safe. At the same time, technological advances and increased access to technology in schools have created new opportunities for school districts to adopt safety measures that sometimes reach beyond the school building and the school day.

There are two primary types of new safety measures used in schools.

One type is a monitoring system, which uses a text recognition feature that scans email messages and other computerized text for concerning key words. Examples of such systems include Gaggle; STOPit; GoGuardian; and Soter Technologies. Another type is a reporting system, which employs technology (including mobile applications) and/or personnel to receive and process reports, often made anonymously, of possible safety threats.

Examples of such systems include

Anonymous Alerts; Awareity; report it Classroom Connect; the See it, Say it, Send it app; and the Sandy Hook Promise Foundation’s Say Something Anonymous Reporting System. Certain systems offer additional features.

For example, the See it, Say it, Send it app can send geofenced “push notifications” to the school community warning students and personnel of possible safety threats or other issues affecting their school.

While adopting some form of monitoring or reporting system may sound like something that all boards of education should do without question, it is important to keep in mind that currently there is no legal obligation to do so in Connecticut. It is therefore important to carefully weigh the pros and cons of implementing a monitoring or reporting system before deciding whether any such system is right for your school district.

Boards that decide to use a monitoring or reporting system should do their due diligence before selecting a system, as different systems offer

different features and some may come with greater inherent risks. After selecting a system, boards can take certain steps to limit risk and establish appropriate expectations among students and parents regarding the system’s function and purpose.

Should you adopt a monitoring or reporting system in your school district?

School employees generally owe a duty of care to students at school during school hours. This duty typically ends when the school day ends, and it typically does not extend to incidents that occur off school grounds and have no nexus with the school apart from the fact that students were involved.

Certain monitoring and reporting systems can significantly alter this dynamic by creating a channel through which school community members can notify school employees of incidents occurring off school grounds and outside normal school hours. This change can significantly expand the

risk of board liability in the following ways.

First, once the system notifies school employees of a potential safety threat, school employees must respond to the notification in accordance with applicable board policies and regulations, as well as any additional protocols established in connection with the system’s implementation. If employees fail to follow established policies, regulations, and protocols in responding to a report, the board could face liability for a possible claim of negligence.

On a related note, it is essential to ensure there are personnel in place to receive and respond to reports made through a system at all times when the system sends reports to school employees. Boards may face challenges with respect to their collective bargaining obligations if unionized employees are involved in responding to reports received through a system, and such responses require employees to be “on duty” beyond the working See TRENDS IN SAFETY page 18

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

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9th Annual CABE Summer Leadership Conference – August 7, 2019

Panelists for the Finding Consensus through Civility and Communication panel included Roxane McKay (Wallingford), North Haven First Selectman Michael Freda, and Leonard Lockhart (Windsor).

Panelists for the Shared Services Experiences panel discussion included CABE Secretary/Treasurer and Vernon Town Administrator Michael Purcaro (Ellington) and Superintendent Hamlet Hernandez (Branford). The session was moderated by CABE Area Director Lon Seidman (Essex).

CABE First Vice President Donald Harris (Bloomfield) moderated the panel discussion, Minority Teacher Recruitment and Retention.

CABE Deputy Director and General Counsel Patrice McCarthy moderated the Finding Consensus through Civility and Communication panel.

CABE Executive Director Robert Rader welcomed participants to the conference and shared upcoming CABE work and activities.

Panelists for the Minority Teacher Recruitment and Retention panel included Superintendent Verna Ruffin (Waterbury), Chief Talent Officer Shuana Tucker (New Britain), and Director of Human Resources Gary An engaged group gathered for the 9th Annual Summer Leadership Conference at Water’s Edge. Highsmith (Hamden).

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

The Media Message

by Ann Baldwin, President, Baldwin Media Marketing, LLC

Issuing a Written Statement to the Media vs. an On-Camera Interview Perhaps your district is in the middle of a crisis, or you have an investigative reporter looking for information and they want someone to comment. The big questions are: • Should you grant them an “on-camera” interview?

• Hold a news conference?

• Or, issue a written statement?

Those are the options that as public relations professionals, we have to advise our clients on every time the media calls. A lot of thought has to go into this decision and we usually begin by asking the following questions: • How comfortable is the person speaking to the media and appearing on camera?

• How sensitive is the information that we are being asked to respond to?

DR. DERRICK GAY

(continued from page 1)

about implicit bias and blind spots, learning DEI best practices and pitfalls.

Dr. Gay is an international consultant with two decades of experience as a classroom teacher, musical director, senior administrator, and educational consultant. A sought-after speaker, facilitator and keynote, Dr. Gay has partnered with hundreds of businesses, schools, education, arts, and philanthropic organizations- domestically and abroad. In this capacity, he collaborates with thought leaders to cultivate cultural competency, promote empathy, and deepen inclusion.

Dr. Gay began his career in Groton, MA, and has partnered with dozens of schools in the state, most recently having worked with the Concord-Carlisle District last May. Dr. Gay has been featured in the New York Times, The Washington Post, the Huffington Post, NPR, and on 60 Minutes. He has also produced two TEDx Talks—one exploring “The Double-Edged Sword of Diversity”; and a second TEDx Talk exploring the nature of racial discourse in the United

• Do we need to put a face and voice to this matter to show leadership and to satisfy our school community and other stakeholders?

• Would it be easier to hold a press conference, so that we are saying the same thing to every media outlet at the same time and we can get on with running the district?

These are just some of the questions to be considered before agreeing to respond to the media. Many of us get flustered when reporters start calling. You may think that you need to respond right away and do whatever they want when they ask.

WRONG! You need to think the process through and make sure that you are in charge of the information that is released and more importantly,

how that information will be released and when.

I recently worked on a situation in which an investigative reporter wanted to sit down with one of our clients regarding a personnel issue.

After some extensive conversations, we made the determination that a written statement would be more appropriate. The reason being that because this has a sensitive situation, the last thing that I wanted to do was put my spokesperson in front of a reporter to answer a bunch of questions, to which that reporter would “pick” a juicy soundbite or two and make our client look bad.

Instead, together we constructed a brief three-sentence statement that we provided to the reporter. Brief is the keyword here. In my experience, folks feel compelled to say too much.

States.

Developmentally, Dr. Gay’s work spans the full educational spectrum from nursery to doctoral students, as he currently serves as Senior Advisor of Content and Curriculum at Sesame Street, while also serving as an Adjunct Professor at The University of Pennsylvania, where he teaches cultural competency to doctoral students. He also serves as a Senior Lecturer in Paris to undergraduate and MBA students at the International Fashion Academy.

Recognizing the 21st-century reality of an interconnected global society, Dr. Gay intentionally deepens his own cultural competency through language study and extensive travel.

He has visited every continent, with the exception of Antarctica and has intentionally cultivated his linguistic skills. Dr. Gay is proficient in English, Spanish, French, Italian and Portuguese, with studies in German, Korean and Latin.

Geographically, Dr. Gay’s work spans the globe, as he works with French Schools, and International Schools in addition to consulting with schools in Colombia, Brazil, Chile, and France. Prior to consulting full time, Dr. Gay taught Middle and Upper

School Spanish, French and music at two boarding schools, Masters and Groton; a Quaker school, Wilmington Friends; and a single-sex girl’s school, Nightingale-Bamford.

As an administrator, he served as dean of students at L’Académie de Paris in Paris, France, and director of community life and diversity at Nightingale. A trained operatic baritone, violinist, violist and conductor, Dr. Gay also collaborates with music and artistic organizations, including the Peabody Conservatory, The Young People’s Chorus of New York City,

Often times that is why they get taken out of context.

Think about it from this perspective: Given the situation, what is it that I need to say to my parents, students, faculty, community that proves that we are/have dealt with the situation? Is there a safety concern that needs to be addressed? Your statement should always be written in the first person and perhaps you need to show empathy. The one thing that you have to be extra cautious of in any response is to not be confrontational, place blame on others or inadvertently defend the accused.

Please don’t forget that for CABE members, we are only a phone call away if we can be of assistance to you, or if you just want to run something by us. I can be reached on my cell 24/7 at 860-985-5621.

Boston Children’s Chorus, and the Chicago Youth Symphony Orchestra.

Dr. Gay holds a Bachelor of Arts from Oberlin College, where he studied Romance Languages; a Bachelor in Music from The Oberlin Conservatory of Music, where he studied Opera Performance; a Master of Arts Degree in Independent School Leadership from Columbia; and a Doctorate in Education from The University of Pennsylvania.

We look forward to Dr. Gay joining us on November 15!

Did You Know?

For the price of CABE dues, your board and superintendent are eligible for: • Unlimited telephone consultation on policy issues • Sample school board policies and regulations whenever you need them • Policy Highlights

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

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What are microaggressions and unconscious bias?

Toya L. Spencer

Diversity & Inclusion Professional

• Where are you from? You speak good English.

• I don’t see color because there’s only one race — and that’s the human race.

Many good-hearted and well-intended people make statements like these every day. After all, what’s wrong with asking someone where they were born and complimenting them on their command of the English language?

What’s wrong with not acknowledging a person’s race? We •are• all human and that makes us the same, right?

While these statements may seem innocuous and even noble to the person asking the question or making the statement, the receiver, usually a person of color, is negatively impacted and derives a completely different message. However, in these examples, the message received by the Asian-American or Latino-American that’s assumed to be foreign is, “You are not American. You are a foreigner.”

To a person that is of a different racial or ethnic background, the message received from colorblind statements is “They don’t see me and my racial/ethnic experiences in a dominant culture.”

Microaggressions are everyday verbal, nonverbal and environmental slights, snubs or insults, whether intentional or unintentional, which communicate hostile, derogatory or negative messages to target persons based solely upon their marginalized group membership.• — Dr. Derald Wing Sue, professor of psychology and education, Columbia University.

Because they are subtle rather than obvious insults or acts of violence, they often are unaddressed or communicated by the recipient. But over time, these microaggressions can build up and have long-term effects on students’ mental health, motivation, commitment and achievement.

Researchers have found that individuals faced with microaggressions “are likely to exhibit negative mental health symptoms, such as depression, anxiety, negative view of the world and lack of behavioral control.”

Unconscious bias

Unconscious bias is a prejudice we have or an assumption that we make about another person based on common cultural stereotypes rather than a thoughtful judgment. It is driven by the hard-wiring pattern of making decisions about others based on what feels safe, familiar, likeable, valuable and competent to us without realizing it. And because of that, we all have

unconscious bias.

•We are unconsciously biased in favor of traits similar to our own, even such seemingly meaningless traits as our names. Scientists have even identified a discrete area of the brain, called the dorsal striatum, as the structure that mediates much of this bias•. — Dr. Leonard Mlodinow, author of “Subliminal: How Your Unconscious Mind Rules Your Behavior.”

There’s no way of getting around our unconscious bias. It is a blind spot that requires a shift on how we think about other people that we perceive to be different. We have work to be more aware of and challenge our biases — especially in the classroom.

So, what’s the connection between microaggressions and unconscious bias? Unconfronted or unchallenged unconscious biases lead to microaggressions. There are steps that we can take to be more aware of, address and prevent the impact of microaggressions and unconscious bias.

Understand the difference between intent and impact

While most microaggressions are unintentional, the focus should be on the way your actions or behavior made the other person feel — and address their needs and pain. We tend to judge •ourselves• by our intent, but we judge •others• by their impact. In doing so, it causes us to avoid taking accountability for our impact on others.

Don’t be afraid to talk about it

If a student shares an experience or you observe a situation that’s made a student uncomfortable, don’t avoid it or pretend it didn’t happen. Talk to the student in private about their feelings and why the comment or behavior was troubling. If you’re comfortable, take the time to facilitate a conversation between the student and whoever committed the microaggression, with the goal of coming to a deeper understanding of where these thoughts come from and how damaging they can be. However, this conversation can only happen and be effective if trust has been established.

Be aware of your assumptions

We are constantly bombarded with images in advertising, movies, ads and TV shows that put people in particular categories. Whether we realize it or not, these images unconsciously guide our expectations of others and the way we treat them. While it can be uncomfortable, consider your expectations of students and how much they are governed by stereotypes. Assumptions can cause us to miss important signals,

affecting our ability to be open to students’ unique needs and experiences.

to more inclusive classrooms.

Be aware of how colorblindness can make students feel

At the end of the day, we have a choice. We can choose to make a personal commitment to be more inclusive in our behaviors and actions by becoming more aware of our unconscious biases and challenging them so that they do not “leak out” as microaggressions.

You can increase your own comfort by tackling difficult topics so as to feel more capable of facilitating discussions.

You can cultivate “cultural humility,” encouraging a spirit of “we will all ‘mess up’ during discussions on diversity and inclusion.” And when it comes to microaggressions, you can foster a spirit of “cultural curiosity,” looking to understand how someone’s background shapes their experience and why something someone might see as innocuous might have negative impacts.

We all have a choice. What will you choose?

Some may argue that we’d be better off if we didn’t recognize differences and just see each other as “people.”

But when you tell a student “I don’t think of you as Latino,” or “I don’t see you as American Indian, you’re just like all the other students in the class,” you are minimizing that student’s cultural background. It also suggests that there may be something wrong with a student’s background and heritage; otherwise, why would it be necessary to ignore it?

Consider microinclusions

Microinclusions are subtle ways to show people they are welcome. In the classroom, this could show up in the following ways: • Interpersonal interactions that provide helpful hints or tips, honor expertise or recognize the contributions of students who may be at risk of marginalization.

• Using environmental clues to consciously make the environment more inclusive. For example, ensuring that there are pictures of females as well as males and black as well as white scientists and mathematicians.

• Creating an inclusive curriculum that represents different points of view or the addition of book authors from different racial, ethnic and cultural backgrounds.

While this list is not exhaustive, it is a good way to start creating a pathway

Choose to be inclusive

Toya L. Spencer is the founder/ principal of the Spencer Allen Consulting Group LLC. She is a diversity and inclusion professional with over 15 years of experience in guiding organizations to become more diverse and helping them create inclusive work environments. Spencer has wide experience in the corporate world and has done consulting work with the TAPO Institute and Strategic HR Advisors.

Earlier this year, she launched Spencer Allen, a firm focused on providing inclusion strategies for academic institutions.

This article first appeared in the June 2019 issue of The Journal. Copyright 2019 Ohio School Boards Association. All rights reserved.

Reprinted with permission.

Additional resources on microaggressions and unconscious bias http://links.ohioschoolboards.org/59622 http://links.ohioschoolboards.org/56144 http://links.ohioschoolboards.org/97187 http://links.ohioschoolboards.org/66379

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

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

13

THE POLICY CORNER Vincent A. Mustaro

Senior Staff Associate for Policy Service, CABE

Policy Priorities for a New School Year A new school year, thankfully, does not necessitate the readopting of all existing board of education policies.

Board policy, once adopted, continues in perpetuity until the policy is revised, replaced or rescinded. However, board members and administrators must be familiar with the school system’s policies and the process for policy development.

Policy development, and its subsequent review and revision, remains a major function of the board, equal in importance to the selection of a superintendent and the development of the district’s budget. Policies are the board’s official statements of the expectations for and requirements of the school district. The development of policy also can foster cohesion among the board members. There is no single board responsibility that can impact the district for years to come than policy development.

Policies are critical for framing the legal, efficient, and effective operation of the district. They plot the destination toward which the superintendent is expected to direct the local school system. Policy has been defined as “ideas with the power to set direction for the school system to bring about prudent action by the administration, the staff and the board itself.” Policies can also be defined as “guidelines adopted by the board to chart a course of action.”

The board’s role is to develop policy to provide direction to the district, build consensus for education and protect the district against litigation. Effective policies describe what the board wants to happen and why, and identify those responsible for implementing them. Policies should be broad enough to allow for discretionary action by the administration when addressing issues on a daily basis, yet be specific enough to give clear guidance.

Some board policies do not change because the philosophy, laws and regulations upon which they are based have not changed over time and the policies continue to be valid for their intended purpose. However, laws, regulations, opinions and conditions cause the need for other policies to be revisited, some relatively often. These result

in the need for policies to be revised or rescinded or new ones developed.

Changes in federal and state laws and court decisions and regulatory language by governing agencies necessitate constant revision of board policies.

Policies must be changed in accordance with the board bylaw pertaining to policy development and revision.

The last session of Connecticut’s General Assembly passed approxi-

Only the Beginning

Effective governance through policy should cause improvements in district schools moving the school system in the desired direction. Development and adoption of policy is only the beginning of bringing about the desired action. It is essential that policy be monitored to ensure that it is being followed and the results the board desires are being achieved. Don’t aban-

district does actually agree.

Policies on controversial or sensitive issues should be adopted at a time before such issues actually arise in the district. Sound legal advice resulting in appropriate policy can help the board avoid litigation. Adopting policies on controversial or sensitive issues may be an uncomfortable and contentious process, but it is necessary helps a district avoid litigation.

Administrative Regulations

“ Policies are critical for framing the legal, efficient, and effective operation of the district.” mately 20 legislative acts which impact board of education policy. The legislation causes the need to revise policies, including but not limited to, discipline, physical exercise of children, staff development, gifted and talented students, governance councils, background checks, expulsions, financial reporting, bullying and safe school climate, sexual harassment, homeless students, and additions to the basic instructional program.

As we embark on a new school year, some guidelines should be kept in mind that will help boards govern effectively through policy.

Board members are in a leadership position. Therefore, policies reflect what the board wants to see happen.

Policies adopted by the board should be designed to achieve the vision and mission of the school system. Avoid detailed policies that move the board into administrative issues, roles and responsibilities.

However, some federal and state statutes require school boards to place in policy detailed language and/or procedures on certain issues, which normally would not be in policy. In these situations, boards have no alternative but to comply with such requirements, resulting in detailed policy language.

don your policies to the boardroom shelf, website or CD. The board must maintain a program of vigorous policy oversight. Policy oversight means ensuring that your policies are accomplishing what they were designed to achieve producing the desired results.

When evaluating the effectiveness of policy, also look to see if unintended consequences have occurred.

It is also essential that district staff as well as community members have easy access to the board’s policies. This can be achieved through their placement on the district’s web site, in town and school libraries, school offices and at town hall. CABE’s Connecticut Online Policy Service (C.O.P.S.) assists many boards to place the district’s policy manual online, keeping it up-todate, and providing easy “searchable” access. Boards must also be concerned about website accessibility for disabled individuals.

Policy manuals must be kept up-to-date. Policy development is an unending responsibility and process.

CABE policy updates should be used for adopting and/or changing policies in a timely fashion. Policies should also be regularly reviewed to determine compliance with current statutes and judicial decisions as well as be sure that what the policies say and what the

Not all policies require the development and issuance of administrative regulations by the superintendent.

However, some policies should have administrative procedures to ensure the board that policy is being implemented in the manner the board desires. Administrative regulations provide guidance and direction to the district’s administrative, instructional and support staff in the uniform administration of board policy.

The purpose of administrative guidelines, often also called procedures, is to fill in broad policy statements with the details that ensure that what the board wants done, actually happens. The board does not adopt administrative regulations except in those situations when required by statute. The superintendent may share them with the board in order to provide assurance that he/she understands and is attempting to carry out the intent of the board’s policy.

In conclusion, policy is the school board’s most powerful tool for bringing its vision, mission and goals to reality.

They provide a basis for evaluating staff work, for governing student behavior and much more. They keep the district moving toward the vision the board and the community holds for the schools.

Policy can and should be a force for leadership and school improvement.

Local boards should govern aggressively to create the educational vision of their community, ensure there is an infrastructure in place to achieve the community’s vision, establish academic standards designed to achieve the community’s vision and an assessment system to measure how the vision is being achieved. This is the board’s policy role!

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We began profiling the CABE Area Directors Jonathan Gilman 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 9 Co-Directors Jonathan Gilman (Bozrah) and Sean Nugent (Preston).

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

GILMAN: I joined the Bozrah Board of Education because I believe that children are the future. I wanted to advocate at the local, State and national level for public education. Local school boards must take a lot of responsibility for student achievement.

NUGENT: For a number of years I’ve been interested and passionate about

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

Meet the CABE Area 9 Co-Directors working on the relationship between education, workforce development, and economic development. Following my retirement from Pfizer, I had the time to become involved in all three.

In 2015 an opportunity arose on the Preston Board of Education due to someone stepping down. I was interviewed by the board, was selected, and then ran during the next municipal election cycle. As a retiree, I felt it was important to ‘give back’ and I know how important education is to lifetime success both personally and professionally. I like to think that my participation on the Preston Board allows me to help our staff and students.

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

GILMAN: I have been on the local board since 2015.

NUGENT: I’ve been on the Preston Board for a little over four years. I am running again in the November election.

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

GILMAN: I am most proud of the work I have done on the Strategic Planning Committee. I think setting the mission, vision and overall direction of the school are one of the most important things a Board can do. I also wrote a proposal on adding code writing to the school curriculum, with the intent in making it fun and helping to improve math scores in the Bozrah school system. The program is fairly new but already showing promising results.

NUGENT: During my time on the board we have accomplished the following: A. Hiring a new superintendent who has been able to build upon the success of the previous superintendent while raising the community and student-relationship bar.

B. The creation of a Finance Committee that has provided a greater amount of open discussion and alignment of the board’s budget

planning and execution.

C. The creation of Sean Nugent a Strategic Plan. We use this plan as a key ‘litmus test’ for the board’s decision-making.

D. The board making significant progress toward being a ‘highperforming’ team.

E. The continued growth in our working relationship between the Town and the District.

All of this is fine but would not mean anything if our students weren’t successful. I’m happy to share that they have been. Why do I say this? We are a UPK to 8 District, so one of our measures of student success is how they perform when they attend neighboring high schools. Our history has been, and continues to be, that our students excel in these high schools.

See AREA 9 CO-DIRECTORS page 15

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

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CABE: Working for YOU

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

We did this:

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

zR esponded with policy information to 29 requests from 16 districts on 29 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 board committees, green clean, security issues, and board bylaws. zF acilitated Griswold Board of Education self-evaluation and introduction to establishing board operating protocols. zF acilitated Branford Board of Education retreat. zP rovided Trumbull Board of Education with a session on developing board operating agreements/protocols that stand the test of time. zP lanned and implemented successful 9th Annual CABE Summer Leadership Conference. zF acilitated Leadership Institute Alumni program.

B y helping school boards to increase student achievement:

z S ent via email listserv three issues of “Policy Highlights” covering topics that affect student achievement. This included student grading, suicide prevention, cybersecurity issues, required annual due process notifications, and the policy updating

AREA 9 CO-DIRECTORS

(continued from page 14)

Why did you join the CABE Board of Directors?

GILMAN: I wanted to join the CABE Board of Directors to advocate on a regional and statewide basis. To speak to legislators and community leaders about issues that have a direct impact on our amazing students. It was my desire to stay on top of the key issues and developments and try to communicate them to all stakeholders and get feedback.

NUGENT: My learning style is one of total immersion early on. I knew that there was a lot to learn in order to be an effective member of our BoE. So I looked for resources I could put my hands on or become involved in that

process. zP rovided Lighthouse training to the Montville Board of Education. zP articipated in the CABE Leadership Institute Alumni program and Annual Summer Leadership Conference. zP rovided School Governance Council wrap-up.

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

zA ttended program with Tom Walker on the importance of trust in public schools. zP articipated in Social Media Made Easy: 9 Strategies for Generating Awesome Content webinar. zA ttended Yale University’s Center for Emotional Intelligence’s Seedlings program (see Executive Director Commentary, July-August CABE Journal).

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

zP repared materials as part of the Custom Policy Service for Danbury, Griswold, Montville, Sharon, and Woodbridge. zC ompleted the project to develop a new policy manual for Griswold. zF acilitated annual summer meeting of CABE-Meeting Meeting Managers. zM et with Putnam Board Chair Michael Morrill and new Putnam Superintendent Daniel Sullivan and new Bristol Superintendent Catherine Carbone on CABE activities, programs, and services. would help me learn. When I learned about CABE and did my own homework, I saw it as an organization that is both an advocate for education boards but also a wonderful collection of very knowledgeable individuals. I was asked to serve as the Area 9 Director and accepted the role as a way to (a) assist CABE in growing, (b) help my District grow and become a stronger voice, and (c) serve as another educational path for me.

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

GILMAN: CABE is an organization designed to help local and regional Boards of Education in developing the best public education to Connecticut’s children. CABE works with Superintendents and local School Boards in

B y providing services to meet member needs:

zP repared materials as part of the Custom Update Service for Ellington and Marlborough. zC ompleted the audit of the policy manual of the Ridgefield Public Schools. zC urrently working on the audit of the policy manual of the Lisbon Public Schools. zU pdated the list of mandated and recommended policies posted on CABE’s website. zP ublished the Policy Update Service quarterly publication highlighting policies impacted by the recent legislative session. zF acilitated workshop for EASTCONN Board of Directors. zP rovided information in response to 72 legal and labor relations questions from 21 districts. Topics include: • Internal investigations into staff conduct • Teleconferencing • Board role in curriculum • Role of the board chair • Charters v. statute when filling board vacancies • Legal requirements for the board to elect officers • How and why FOIA meeting posting requirements apply to professional development, retreats, etc., with or without a quorum • Post-FMLA staff requests for accommodations for disability • District responsibility for transportation to technical schools when the local technical school offers the same program professional development, policy departments, member resources, advocacy in Hartford as well as an amazing two-day Convention that brings in the best in education to numerous workshops. This year additional focus will be on student voice, civility and diversity.

NUGENT: When I think of CABE, three things come to mind: (1) strong, knowledgeable advocacy, (2) highlighting the importance of and being a strong voice for diversity, and (3) being a tremendous resource to local boards.

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?

GILMAN: The best advice I could

B y helping districts operate efficiently and conserve resources:

zP rovided individualized settlement data from comparable districts for non-certified contracts and recent wage and benefit settlement data to ten districts. zP rovided superintendent contracts and wage and benefit data to four districts and two superintendents. zD eveloped negotiation goals, strategies, and proposals for two districts. zA nalyzed and provided comparison information from like districts for non-certified contracts to four districts and provided contract language relating to non-seniority based layoffs to three districts.

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

zP articipated in Connecticut Commission of Educational Technology’s 5G Presentation. zC haired a meeting of the Digital Learning Advisory Council of the Connecticut Commission of Educational Technology. zD iscussed the Dalio Foundation education funding for low-performing schools on WSHU’s The Full Story. zP articipated in a conference call about Connecticut Voices’ initiative on college and career readiness. zP articipated in NSBA’s Summer Institute for Executive Directors, including Liaison Committee and NSBAC oversight meetings.

give to a new member would be to be a good listener and work together as a team member using sound judgement, even temperament and a willingness to compromise so that your district will be the best it can be.

NUGENT: To remember that all organizations and services are involved in ‘continuous change’ so one needs to ask questions all the time about how to improve. Before becoming involved in the local board I didn’t appreciate the importance of ensuring that all board decisions need to be based on what they do to enhance the educational/emotional/social growth of our students. Finally, it’s also important to remind oneself that you can’t please everyone so ensure that your decisions/plans always put students first.

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

CT SUPREME COURT

(continued from page 1)

ment rights and seeking reinstatement.

The superior court held that Haughwout’s conduct and comments were not protected speech but were, instead, true threats. The court relied heavily upon five (5) legal principles: 1. Th e right to freedom of speech is not absolute and that a person cannot utter what has come to be known as a “true threat” and claim the protection of either the federal or state constitution.

2. A “true threat” encompasses those statements meant to communicate a serious expression of intent to commit an act of unlawful violence to a particular individual or group of individuals and that the speaker need not actually intend to carry out the threat.

3. Th e question of whether a statement may be considered a true threat is governed by an objective standard of whether a reasonable person would

foresee that the statement would be interpreted as a serious expression of intent to harm or assault.

4. Th e plaintiff ’s communications fit the definition of true threats and were certainly not statements that sought to communicate a belief or idea. It determined that although some students treated the plaintiff ’s communications as jokes, others reported being alarmed by the plaintiff ’s statements.

5. G estures and statements like those made by the plaintiff on a college campus at such a time are the very kind of statements that any reasonable person would foresee as creating fear on the part of fellow students. The plaintiff argues that his words and gestures constituted either political commentary or grim humor and that they were protected under free speech principles.

The court also stressed that the First Amendment “did not require the [school district] to wait and see whether student talk about taking a gun to

“ Leadership is the capacity to transform vision into reality.”

– Warren G. Bennis, founding chairman of the Leadership Institute at the University of Southern California

school and shooting certain students would be carried out.”

Haughwout appealed the decision and Connecticut Supreme Court took the case directly from the superior court. The question on appeal was whether CCSU’s expulsion of Austin Haughwout should stand because his words and actions were “true threats,” or whether his behavior was protected speech under the First Amendment.

In November of 2018, CABE received an invitation, from Connecticut Supreme Court, to weigh in on whether or not CCSU officials violate the First Amendment when they expelled Haughwout. After getting the go ahead from the CABE Board Executive Committee, CABE attorneys filed an amicus brief in support of Central Connecticut State University.

CABE’s conclusion and prayer for relief read, in part: “This case is of critical importance because, as the Defendant Appellees points out, it ‘directly addresses the ability of [a] public institution[s] of teaching and learning to protect students from the fear of violence and palpable disruption to the lives and education of all members of such an institution that the fear of violence, especially mass gun violence, engenders.’ The trial court, after examining all the evidence, assessing the credibility of the witnesses, and consistent with principles of due

process, free speech, and the University’s own procedures, found that Mr. Haughwout’s words and gestures constituted true threats.

The Connecticut Association of Boards of Education respectfully urges this Court to affirm the trial court’s decision to ensure that public schools, acting in loco parentis, while furthering the educational interests of the State of Connecticut and safeguarding the students they serve, can continue to protect their respective communities, while still growing the future leaders and orators of the world.”

The Connecticut Supreme Court unanimously agreed that Haughwout’s statements and gestures were not protected by the First Amendment right to freedom of speech. Justice Robinson noted that the key question to ask is “whether an objective listener would readily interpret the statement as a real or true threat.”

The High Court also emphasized that comments are not made or heard in a vacuum, and in the context of school shootings, Haughwout’s statements collectively amounted to a true threat. “Accordingly, we conclude that the trial court correctly determined that the plaintiff ’s statements were true threats that were not protected by the First Amendment,” the court concluded. Haughwout v. Tordenti SC 20076.

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

17

Leadership Institute Alumni Program – August 7, 2019

Alumni from various Leadership Institute cohorts gathered to discuss shared services.

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

REGISTRATION IS OPEN!

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

(continued from page 8)

hours memorialized in the applicable collective bargaining agreement or established through past practice.

Second, there is a risk that a board of education could face liability if the monitoring or reporting system malfunctions due to a technical glitch or human error, or otherwise fails to operate in accordance with expectations. This concern applies particularly with respect to reports that involve threats to safety. If there is a breakdown in the system that prevents the report from reaching law enforcement or school personnel and harm to an individual results, it is possible the board could be held liable simply by virtue of the fact that it invited students and parents to rely on the system in lieu of contacting the police or the school directly.

Third, providing a system vendor with access to confidential student information could put boards of education at risk of violating student privacy laws. It is essential to ensure that the system vendor agrees to comply with the federal Family Educational Rights and Privacy Act (FERPA) and Connecticut’s student data privacy statutes.

Absent such agreement, the board of education could be held liable for violating FERPA and/or Connecticut data privacy laws.

Although monitoring and reporting systems are not legally required at

this time, there may come a day when a decision not to use a such a system could expose a board of education to liability for failure to take what may eventually be perceived as a reasonable step to keep schools safe. Indeed, at least nine school districts in Connecticut and more than one thousand school districts nationwide now use some form of monitoring or reporting system (or both) as part of their overall safety plan. Evaluating these trends is an appropriate part of the process of deciding whether to implement a system in your school district.

Which system should you choose?

Given that the use of monitoring and reporting systems for identifying safety threats in a school setting is a recent phenomenon, best practices and legal principles for selecting and implementing a system are not well-developed at this time. However, in reviewing any system for possible use in your school district, it is critical to consider the following key issues (among others): • On which days and at which times does the system send reports to the school district and which employees receive the reports? Can these features be customized?

• What mechanisms, if any, does the system have for addressing technical glitches or human error that could prevent the appropriate or timely processing of a report?

• Does the system classify the

reports received in any manner (such as reports that involve life-threatening matters versus reports that do not involve lifethreatening matters) and process the reports differently depending on the assigned classification? If the system classifies reports, who is responsible for determining the classification, and have those individuals received background checks and appropriate training?

•D oes the school district have a response team available and prepared to respond to reports as needed on the days and at the times when the system sends the reports?

•A re there collective bargaining agreements or a past practice that could affect the school district’s ability to assign certain employees the task of responding to reports made through the system?

•D oes the system comply with applicable student privacy laws?

• I s the system vendor appropriately insured?

What are some ways to limit risk and establish appropriate expectations?

As noted above, many types of monitoring and reporting systems come with certain inherent risks. The following steps (among others) may help limit these risks: •A sk for references and consult with other school districts that

have used a particular system before implementing the system in your school district.

• Negotiate a contract with the system vendor that addresses all key issues affecting liability exposure.

• Send written communications to parents and students establishing reasonable expectations regarding the function and purpose of the system. Advise parents and students that they cannot rely exclusively on the system to report emergencies or safety threats, and that the system is not monitored 24/7.

• Work with employees early in the process of selecting a system to address collective bargaining issues and to generate good will among employees who may be required to assume increased responsibility and workload by virtue of the system’s implementation.

It may be years before the courts (and possibly the Legislature) give us guidance on liability issues relating to the use of monitoring and reporting systems to address safety threats in a school setting. Until then, it is important to take care in making decisions regarding the use, selection, and implementation of these systems, and to seek counsel, as appropriate, in navigating the thorny legal issues that can arise from shifting the paradigm in the world of school safety.

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

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UNDERSTANDING CONNECTICUT’S FOIA

Do We Really Have to Deal with All of These FOIA Requests (and Are We Obliged to Deal with “Vexatious Requesters”)?

Mark J. Sommaruga, Esq. Pullman & Comley, LLC

As an attorney representing school districts and other public agencies, I often hear from folks who are frustrated with being deluged with constant requests, often made by the same local “gadfly”, for records or even “information” under Connecticut’s Freedom of Information Act (“FOIA”). While I feel your pain, here are some answers (some you may not like) with respect to your obligations in dealing with these FOIA “frequent flyers”.

First, some good news. School districts often get inundated with self-styled FOIA requests that they answer questions or provide “information” (as opposed to just seeking records). Notwithstanding its title, the FOIA does not require school districts to respond to written questions or information requests (or to even create documents). The only requirement under the FOIA is that the district permit the inspection or copying of records (whether electronic or paper) that already exist.

What about “burdensome requests”?

Sorry, but the FOIA requires school districts to comply with even broad requests for specific records. While the burdensome nature of a request may excuse a

school district from immediately having to comply with a request and get the documents ready in a proverbial jiffy, it is still obligated to diligently search for (and provide, if not exempt from disclosure) the requested records, even if the search is time-consuming. Connecticut’s Freedom of Information Commission (“FOIC”) believes that while complying with the FOIA is not your only job duty, it is at least one of your job duties.

Do I have to provide the records if the person already has them? Sorry, but the right to copies of records may exist even for those who may already have those same records. The FOIC has found that even if an FOIA requester has previously received a copy of a record, it does not necessarily relieve a district of its obligation to produce a copy when it is requested (again), although it could again charge for the cost of the additional copies.

What if the person (repeatedly) files baseless complaints with the FOIC? Can we avoid the time and cost of defending ourselves against what may be a frivolous case? The FOIA provides a means for a public agency to request that the FOIC not schedule a hearing and instead dismiss a case where 1) even if one accepted as true all of the allegations contained in the

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complaint, there has been no violation of the FOIA, or 2) the agency has merely committed a “technical violation” of the FOIA “that constitutes a harmless error”.

The FOIA further provides that the FOIC’s executive director (subject to the approval of the full FOIC) need not schedule a hearing if a complaint 1) presents a claim beyond the FOIC’s jurisdiction; 2) would “perpetrate an injustice”; or 3) would constitute an abuse of the FOIC’s “administrative process”. See Connecticut General Statutes §1-206(b)(2) and (3).

The FOIC can consider the complainant’s prior communications with your district (and the FOIC itself) in making this determination.

In reality, the FOIC has set a high bar for dismissing cases without scheduling a hearing. Most of these cases involve “serial” filers, who have filed literally hundreds of (often duplicative) FOIC complaints, or where a complaint on its face has no merit (for example, if clearly time barred, or seeking records clearly not subject to disclosure). However, requesting such a dismissal is still an option for the most egregious cases.

Can we stop all of these requests in the first place? Good news (in theory) – the FOIA was amended in 2018 so as to

establish a procedure under which public agencies can petition the FOIC for relief from “vexatious requesters.” The petition must detail the conduct which the public agency alleges demonstrates a vexatious history of requests, such as: 1) The number of requests filed and/or pending; 2) the scope of the requests; 3) the nature, content, language or subject matter of the requests or other communications to the agency from the requester (i.e., if he/ she has been “abusive”); and 4) a pattern of conduct amounting to an abuse of the right to access under the FOIA or an interference with the agency’s operations.

If the FOIC hears and then votes to grant the petition, the relief may include an order that the agency need not comply with future requests from the requester for a period of up to one year. At this point, a grand total of (drum roll, please) ONE such petition has been filed with the FOIC, and is still awaiting a ruling. If and when the FOIC ever grants such a petition, we will be better able to determine how useful this new tool will really be and how high a mountain one must climb to get this relief.

Attorney Sommaruga is the author of “Understanding Connecticut’s Freedom of Information Act” (5th Edition 2018).

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The Journal – Connecticut Association of Boards of Education | September, 2019 Our Purpose CABE is the only statewide organization that advocates for school board leadership in Connecticut.

We are dedicated to strengthening public education through advocacy, professional development and service to our member boards of education.

High-quality education for all Connecticut children begins with effective school board leadership.

CABE is committed to ensuring that the future of public education remains bright.

CABE 2018-2019 Annual Report

It’s Your Association – Get Involved!

In 2018-19, CABE continued to focus on assisting our member Boards increase student achievement and operate more effectively and efficiently.

With school districts under continued and, in some cases, increased budget pressure, the CABE Board of Directors and Staff continued to strengthen our work in four core areas: advocacy, policy, professional development, and communications.

Your Association continues to be affected from pressure on school district finances and the loss of funding from the State for some of our most important programs. However, your Board decided that continuing these programs remains a priority for the Association so that they are continuing. In particular, our Lighthouse Project is not funded by SDE as before, but it continues and is available to districts that desire it.

Finances remain very tight at the Association, but, luckily, we have reserves to protect us. Because of this and the pressure on individual districts, our Board of Directors froze dues for the upcoming year. This was the third year in a row. Despite this, we will continue to provide some of the best services, activities and programs available for our members.

Over the next year, we will continue to build on our already-positive relations with the Connecticut Association of Public School Superintendents (CAPSS), the Connecticut Association of Schools (CAS), the Connecticut Association of School Business Officials (CASBO) and other stakeholders.

2018-19 was a busy year for coalitions, task forces and other activities and we expect the same for next year.

We look forward to 2019-20 optimistic that Connecticut’s fiscal woes will ease (at least a little!) and promise that CABE will continue to serve your needs in the professional, high-quality manner which you have come to expect.

As we look forward to the coming year, we continue to need your support and are grateful for your engagement and involvement. We will certainly be focusing on diversity, civility, social-emotional learning and helping districts with shared services over the next year.

Please feel free to reach out to members of our Board or Staff with any

questions or comments. Here is our report on 2018-19:

Advocacy: Supporting School Boards at the Legislature, State Board, and Congress

CABE’s positions on a broad range of local, state and federal issues are adopted each year at the Delegate Assembly. The State Relations Committee then develops CABE’s Legislative Priorities, and Board Members and Staff implement the advocacy agenda.

CABE was involved in numerous discussions with legislative leaders and the Governor’s office, and partnered with many other organizations to promote public education. Highlights of CABE’s advocacy efforts were: • Relentless efforts to maintain current levels of education funding, despite the state fiscal challenges.

• Lobbied successfully against shift in Teacher Retirement System cost to local communities.

• Provided testimony and lobbied against early proposed bills to regionalize schools. The proposals were not adopted.

• We participated in breakfast meetings with legislators around the state where board members illustrated the local impact of issues to be debated in the General Assembly.

• CABE staff reviewed all pending legislation, and monitored, provided testimony and lobbied those with an impact on education. The focus of CABE’s legislative efforts centered on increasing flexibility for school districts expanding the pool of minority educators, supporting social and emotional learning, defeating numerous new mandates, and working with other organizations on issues of mutual interest.

• A successful Day on the Hill program, with participation by board members, superintendents, high school students and school business officials.

• Regular emails to all members providing the most current legislative information.

• Participation in and monitoring of numerous task forces, including those addressing the achievement gap, special education funding, and fingerprinting.

Federal Relations Program

Our Federal Relations Committee lobbied the Connecticut Congressional delegation on several key issues: immigration, higher education reauthorization, nutrition, modifying federal special education requirements, and career and technical education. Prioritizing education funding to Connecticut students was discussed.

Policy:The Board’s Key Tool Policy Highlights

Twenty-six issues of the email newsletter, Policy Highlights, were distributed on an every-other-week basis to board members and superintendents, highlighting current educational topics with policy implications. Throughout, the major focus remained on issues pertaining to student achievement. This represented the eighteenth year of this newsletter.

Policy Requests and/or Samples

Over 650 requests for policy information and/ or sample policies from member districts were addressed, usually on the same day the request was received. The website-based Core Policy Manual continues to receive a great number of “hits” for sample policies in addition to the district manuals that have been placed on line through the CABE Connecticut Online Policy Service (C.O.P.S.). One hundred four new or revised policies were made a part of the policy resource files.

Customized Policy Manuals Thirty-four districts were under contract for Customized Policy Services during the year for the review and development of new district policy manuals or updates to selected portions of the manual. Three districts entered into contracts for customized policy manual development. Three districts completed the development of a new policy manual. Several districts have new manuals close to completion.

Policy Update Service Ninety-eight districts subscribed to the Policy Update Service publication. Subscribing districts received four mailings, hard copy and electronically, which reflected timely policy issues, including the need for new and/ or revised policy topics based upon legis-

lative action, judicial rulings or contemporary policy issues, especially in the areas of technology, student discipline, student health and wellness, safety and security, cybersecurity, special education, transportation, board bylaws, use of physical restraint, seclusion and exclusionary time outs, classroom observations, staff development, background checks, bullying and budget issues.

The CABE Policy Reference Core Manual, the Core Manual, containing approximately 625 sample policies and regulations, was continuously revised throughout the year. Moreover, new policy topics were added. It is easily “searchable” and remains accessible for CABE members on the CABE website in a multi-searchable user-friendly format.

Policy Audit Service

Ten districts had audits completed of their existing policy manuals. This represents the third consecutive year in which the highest number done in a year was attained. This service provides the district with a report on the strengths and weaknesses of their existing manual with recommendations to how to update the manual. Five of the audits resulted in additional policy projects in which the local district contracted with the CABE Policy Services for assistance.

Custom Policy Update Service

Sixteen districts subscribed to the Custom Policy Update Service. In this service, CABE assumes the responsibility for updating the district’s existing policy manual. Major focus was placed on providing needed policies, administrative regulations and information.

Topics included student discipline, technology, student health issues, student health issues, safety and security, personnel records, transportation, board bylaws, student dress, cybersecurity, exclusionary time outs, special education, staff development, background checks and bullying and safe school climate.

Connecticut Online Policy Service (C.O.P.S.) Forty-four districts subscribed to the Connecticut Online Policy Service

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

21

Our Mission To assist local and regional boards of education in providing high quality education for all Connecticut children through effective leadership.

(C.O.P.S.). Districts appreciate that their manuals are easily accessible and searchable online and are kept current through CABE.

E-Services: Providing Up-to-Date Information to Boards of Education Communications and Technology

The Association continues to work on improving communications with our membership through social media. You may follow us on: Facebook – Connecticut Association of Boards of Education; 402 people like our page Twitter – CTAssocBdsofEd; 947 followers YouTube – http://bit.ly/2oYSjyy. We currently have 12 subscribers.

Webinars

CABE has continued using webinars to provide timely information to more people. Some of these are presented live and others are recorded and placed on the CABE website for review at our members’ convenience. To see our growing selection of Webinars, visit our website and click on Podcast/ webinars from our Professional Development tab.

CABE-Meeting

This program allows your central office to create and deliver board packets in a paperless environment.

CABE-Meeting saves districts time and money and allows board members easier access to data before and during meetings. As of July 31, we have 22 districts and RESCs enrolled.

Media Assistance for Member Districts

CABE continues to offer this service to members who need the services of communications experts: • To improve internal communications with political leaders, parents, students, and taxpayers.

• For member boards to get help in times of crisis communications.

• To learn about timing your message to rally support for your budget.

• To help member boards get the message out on the good programs in their district.

This work is done in conjunction with Baldwin Media.

Professional Development: Strengthening Board of Education Leadership Leadership Institute

CABE’s Leadership Institute graduated its 15th class, having now served over 130 participants. The participants were very enthusiastic about their experiences and will urge their colleagues to enroll. Participants met for four-hour sessions, including a webinar. Through facilitated discussion and outside presenters, they had the opportunity to discuss in depth a variety of education issues and develop their leadership skills.

At the request of the graduates, CABE also provides a program for alumni held in conjunction with CABE’s Summer Leadership Institute.

Board Member Academy

Throughout the past year, CABE has continued its commitment to be the NUMBER ONE Connecticut provider school board of professional development, by providing high-quality training for local and regional school board members across Connecticut.

By offering workshops, hot topic workshops, an annual Convention, area meetings, individual workshops, the CABE Journal and other publications, CABE presents board members and administrators with many ways to increase their knowledge and skills.

Board Member Academy Certification

To encourage board members’ participation in professional development, CABE’s Board Member Academy provides points for service, leading to two awards: Certificated Board of Education Member (CBEM), which requires 20 credits and Master Board of Education Member (MBEM), which requires 20 additional credits. In 2018-19, two board members reached the MBEM level and 26 reached the CBEM level.

The Academy addresses the continuing educational needs of school board members by focusing on core areas of board responsibilities.

Statewide Workshops

Attendance at our workshops in 2018-19 was approximately 618.

Workshop topics included: negotiations, legal issues, leadership, effective board meetings, lobbying 101, board chair roundtable, biggest 5 roundtable, and the “wrap up” on what happened at the 2019 Connecticut General Assembly.

Additionally, we did two workshops for superintendents’ administrative professionals this year.

Handbook was revised to reflect current issues and legislative changes.

CABE/CAPSS Convention

CABE Board Leadership Award Level One – In 2018-19, eight boards of education received the Board Leadership Award for their work on their leadership skills. Boards need to fulfill 22 of 34 Level One criteria to earn this Award.

CABE Board of Distinction Award Level Two – In 2018-19, 17 boards of education received the Board of Distinction Award. This Award was granted to boards who have achieved Level One at least twice in the prior four years and meet the eligibility criteria.

The Convention, Connecticut’s Future: Transforming Schools, Transforming Lives, was held on November 16 and 17, 2018.

Attendance at the Convention was 554 board members, superintendents, business managers, administrators, education officials and invited guests.

General session speakers included Marc Brackett, Jimmy Tingle, Freeman Hrabowski and a Student Panel.

Workshops included: Shared Service: Designing Our Districts with the End in Mind: Leveraging a Portrait of the Graduate, Responding to Hate and Bias Incidents, The Five Questions School Boards Should Ask, Equity and Excellence, Simple Strategies for Improving Your School Public Relations, Increase Capacity through a Design Thinking and LEAN Approach, and Roles and Responsibilities of Board Members and Superintendents.

Members of the State Board of Education participated in a lively discussion with the attendees.

Approximately 56 exhibitors of education-related goods and services participated in the exhibit hall.

Superintendents’ Administrative Professionals

CABE Board Leadership Awards

Awards of Excellence for Educational Communications

This year CABE presented 39 Awards of Excellence in Educational Communications and 22 Honorable Mentions.

Student Leadership Awards

The CABE Student Leadership Awards program continues to be very popular, with 400 students from 97 CABE member school districts earning the award. This program enables each high school and middle school in member districts to nominate two students to be honored for their leadership qualities.

Since October 2015, CABE has provided professional development twice a year for superintendents’ secretaries.

Between the two programs in 2018-19, we had 78 participants who were superintendents’ administrative professionals or otherwise provided support in Central Office. Pursuant to their request, we established a listserv so they can share ideas and suggestions.

Affiliate Membership Program Business Affiliates

Other Services: The Critical Work of Boards of Education Publications

Education Affiliates

The CABE Journal was published 11 times this year, in both paper and electronic forms. The Journal’s primary audience is school board members, superintendents and district administrators throughout the state. The Journal is also sent to state and federal legislators, other education organizations (local and national) and others who have an interest in keeping up-to-date with education issues in our state.

The Model Student Parent/Guardian

CABE invites private sector companies, institutions and firms with an interest in public education, to become our partners and to show their support. The program had 22 partners in 2018-2019. Membership consisted of 1 Diamond, 1 Platinum, 2 Gold, 6 Silver, 5 Bronze Plus and 7 Bronze Members.

This program helps provide education-related organizations with a closer relationship with CABE. In 2018-2019, we had 16 Education Affiliates.

A current list of Business and Education Affiliate members can be found on page 3 of every CABE Journal.

Legal and Labor Relations Inquiries and Field Services

Fiscal year 2018-2019 offered a myriad of opportunities for CABE attorneys and support staff to work with boards of education and superinten-

22

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

Our Members CABE represents nearly all boards of education across Connecticut. School boards are comprised of citizens, elected or appointed, who work with their superintendents to provide the best education possible in their communities.

They devote countless volunteer hours to provide leadership and oversight, and connect the will of the community to the education of its children. dents in support of their commitment to the success of all students. The department hit to ground running in July and August; responding to 79 requests for advice and information, leading four retreats, workshops, and self-evaluations, and delivering a presentation on U.S. Circuit decisions covering students First Amendment rights in the context of school discipline for bullying and cyberbullying (on or off campus), originally developed for a NSBA-COSA webinar in 2017-18.

Over the course of the year, legal staff delivered 32 in-district professional development sessions, two school governance training workshops, and presented on labor and legal issues at the CABE Legal Issues and Collective Bargaining workshops. In addition, the department fielded and responded to a total of 542 inquiries from more than 60 member districts, four RESCs, two legislative offices, two state agencies, and five law firms; the largest in the past four fiscal years. Attorneys addressed a wide range of topics, with FOIA compliance leading and the role of the board and establishing board operating protocols. Emerging topics of 2018-19, included whether and how to develop policy to regulate, and mitigate the risks of student use of ride services like Lyft and Uber. The increase in member activity, even during the summer months, appears to signal a growing awareness of CABE’s services.

Legal Action: Amicus Curiae

Staff were also busy working on amicus briefs. CABE submitted a brief, at the request of the Connecticut State Supreme Court, in support of Central Connecticut State University (CCSU), in the matter of Haughwout v. Tordenti. The question before the Court was whether CCSU’s expulsion of Austin Haughwout should stand because his words and actions were “true threats,” or whether his behavior was protected speech under the first amendment. All seven justices agreed that his conduct were true threats, affirmed the lower court’s decision and upheld the expulsion. The Court unanimously ruled that the student’s actions and word when he threatened “someone should shoot up this school” weren’t protected speech because, “in light of various mass shootings at schools and universities around the country, a reasonable person would have interpreted the plaintiff ’s statements and gestures as serious expressions of an intent to cause harm.” The court emphasized that the

First Amendment “did not require the [school district] to wait and see whether student talk about taking a gun to school and shooting certain students would be carried out.”

The Connecticut Supreme Court heard arguments in the Matter of New Milford Board of Education v. New Milford Education in October 2018 and issued a decision in favor of the NMEA. However, the Court did not address the central issue in the case, i.e., how a grievance arbitration can be allowed to overturn a binding interest arbitration. The New Milford Board has filed a complaint with the State Labor Board asking them to enforce the binding arbitration award. The case is pending.

In June the Trumbull Board of Education requested CABE’s amicus participation in a special education-related case pending in the Second Circuit Court of Appeals. That brief is due in September.

Collective Bargaining and Labor Relations Services

This was an exciting year in the Labor Relations Services. It included the successful pilot of the much anticipated in-district negotiating service for non-certified contracts. Staff is looking forward to expansion in 2019-20, within existing resources. Also, upon request, the department developed new training programs for administrators on the topics of conducting effective teacher reviews, successful use of progressive discipline and comprehensive Title IX compliance.

Department staff continued to collect non-certified contract and transfer contract data to the settlement database, expanding the categories to include non-union central office staff, including assistant superintendents, finance or business officials, personnel directors, and executive assistants (confidential). Staff also performed contract analysis and negotiation preparation support for 14 districts. Settlements data, interest arbitration and grievance arbitration award summaries were distributed to attendees of the bargaining workshop and made available to all member districts. Districts enrolled in the fee-based labor and information service received data and information for districts comparable to their own regarding bargaining trends, emerging employee relations topics, salary and benefits settlement data, and examples of Janus related contract provisions.

Presenters at the annual Labor Relations and Collective Bargaining workshop covered CHRO complaints, unresolved issues after the Janus decision, and what districts need to know about 2018-19 bargaining settlements and arbitration decisions. Presenters provided attendees, which included school board members, superintendents, personnel directors, and business officials, concrete examples of the CHRO process and offered proven strategies for how to avoid or at least minimize time in CHRO proceedings. A field representative of AFSCME Council 4, a school district HR director, and a town HR director conducted a fast-paced session to role play real-world examples of management-union conflicts and, sometimes differing, advice on how to resolve them. Finally, CABE staff and two school and employment law experts talked about the 2018-19 negotiations season, i.e., wage increases and health insurance plans, and how arbitrators looked at “ability to pay” data.

Board Chair Listserv

CABE has seen a very successful continuation of the Board Chair listserv. It has provided board chairs with a means of communicating ideas and concerns with each other and CABE. Topics of discussion and sometimes-friendly debate have included special education, budget processes, and budget developments. We also offer a separate e-mail list for board chairs of Alliance Districts so that they can share information specific to their needs and also provide a list to help superintendent secretaries and administrative assistants that is extremely popular.

Individual Board Workshops

CABE staff continues to regularly meet with boards of education as they desire to provide professional development. Staff continues to facilitate customized workshops from basic roles and responsibilities, the superintendent search process, goal setting, FOI, legislative updates and full-day board retreats.

Lighthouse Project

CABE helped a number of districts improve student achievement through more effective board leadership by providing training through the Lighthouse Project. Lighthouse trainers have worked with eight other states and over 20 Connecticut school districts. We are now in Phase 3 of our project. Light-

house 3 has restructured the training to cut the total number of workshops and we are now offering individual Lighthouse modules, such as “Community Engagement” and “Using Data” to districts who do not opt for full Lighthouse training.

Connecticut Lighthouse trainers have also provided professional development to other state associations as they join the program.

Finance and Support

CABE has continued to ensure its resources are consistent with the needs of our members. We want to remind you, if you would like to use the Rovins Conference Room, please let us know.

We don’t charge for use of the room and it’s a great place for a meeting or a retreat. We want our building to be seen by board members as your building!

Unemployment Cost Control

Our Unemployment Cost Control Program membership totaled 21 districts in 2018-19. This program, which is administered by Corporate Cost Control, offers consultation, claims processing and full administration of all unemployment compensation claims for a district.

Business Travel Insurance

CABE contracts to provide Business Travel Insurance to all school board members whose boards are CABE members. This policy provides $25,000 of Accidental Death coverage and is free of charge to CABE members.

Coverage is for any school board member traveling on school board business.

CABE Search Services

As part of CABE’s ongoing effort to provide local boards of education with the resources they need to carry out their most important responsibilities, we continue to strengthen our Search Services program. Mary Broderick, Senior Search Consultant and Associate Consultant John Ramos are uniquely qualified to assist boards in recruiting and retaining key personnel such as superintendents, principals and other critical members of your district staff.

This year CABE Search Services has conducted one successful search. An Executive Director Search was completed for LEARN. This year CABE Search Services sent out 7 proposals to Boards of Education looking to hire key personnel.

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

2019- 2020 CABE Staff Administration

Robert Rader Executive Director rrader@cabe.org

Teresa Costa Coordinator of Finance and Administration tcosta@cabe.org

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2019- 2020 CABE Board of Directors Executive Committee

Corliss Ucci

Receptionist/ Assistant to the Executive Director

cucci@cabe.org

Government Relations

President

First Vice President

Montville H: 860-447-8882 B: 860-443-7441 E: rrmitch01@gmail. com

Bloomfield H: 860-243-3611 B: 860-878-1403 E: dharris@blmfld.org

Robert R. Mitchell

Donald Harris

Vice President for Government Relations

Vice President for Professional Development

Waterbury H: 203-754-7136 C: 203-560-7028 E: ebrown@waterbury. k12.ct.us

Bristol H: 860-582-5002 C: 860-681-8274 E: cwilson@cvmco.com

Ellington C: 860-595-2141 B: 860-896-4661 E: mpurcaro@gmail. com

Elizabeth Brown

Christopher Wilson

Secretary/Treasurer

Michael Purcaro

Immediate Past President

Ann Gruenberg

Hampton H: 860-455-1211 C: 860-465-7486 E: agruenberg1211@ charter.net

Executive Committee Member at Large

Bryan Hall

East Hartford C: 860-982-7600 E: educationfirst27@ yahoo.com

Area Directors Patrice A. McCarthy Deputy Director and General Counsel

pmccarthy@cabe.org

Sheila McKay Senior Staff Associate for Government Relations

Gail Heath Administrative Associate for Government Relations

gheath@cabe.org

smckay@cabe.org

Policy Service

Vincent A. Mustaro Senior Staff Associate for Policy Service

vmustaro@cabe.org

Pamela Brooks Senior Administrative Associate for Policy Services/Search Services

pbrooks@cabe.org

Area 1

Area 2

Area 2

Area 3

Area 3

Area 4

Area 5:

Winchester H: 860-379-3567 E: doug.pfenninger@ winchester.k12.ct.us

East Hartford C: 860-982-7600 E: educationfirst27@ yahoo.com

Windsor C: 860-883-3344 E: llockhart@windsor. org

Ellington C: 860-595-2141 B: 860-896-4661 E: mpurcaro@gmail. com

Vernon H: 860-872-2551 E: michele.arn@att.net

Brooklyn H: 860-774-3589 B: 860-779-3770 C: 860-608-2673 E: trivella@brooklynschools.org

Newtown H: 203-364-9862 C: 401-439-0710 E: kum_boe@newtown.k12.ct.us

Doug Pfenninger

Bryan Hall

Michele Arn

Joan Trivella

Michelle Embree Ku

tdemars@cabe.org

Area 5

Area 6

Area 7

Area 8

Area 9

Area 9

Ridgefield H: 203-894-5550 E: fwalton@ridgefield. org

Westport C: 203-858-4010 E: kkleine@westport. k12.ct.us

Derby H: 203-732-4673 E: kurtyka@sbcglobal. net

Essex H: 860-577-0566 E: lseidman@reg4.K12. ct.us

Preston H: 860-204-0824 C: 860-625-3162 E: s.t.nuge@gmail.com

Bozrah H: 860-705-6405 E: jonathangilman01@ gmail.com

Frances Walton

Karen Kleine

Associate Directors radams@cabe.org

Michael Purcaro

Terry DeMars Administrative Associate for Policy Services

Labor Relations

Rebecca Adams Rieder Senior Staff Attorney

Leonard Lockhart

George Kurtyka

Lon Seidman

Sean Nugent

Jonathan Gilman

Wilmarie Newton Administrative Associate for Labor Relations

wnewton@cabe.org

Membership Services Julie Auseré

Canton H: 972-816-0611 E: julie.ausere@gmail. com

Eileen Baker

Old Saybrook H: 860-388-2761 E: ebaker@snet.net

Committee Chairs Lisa Steimer Senior Staff Associate for Professional Development and Communications

Nicholas Caruso Senior Staff Associate for Field Services

ncaruso@cabe.org

Robert Guthrie

West Haven H: 203-934-7565 C: 203-996-2382 E: rjgwh911@yahoo. com

John Prins

Branford H: 203-481-6279 C: 203-623-6191 E: jrprins@gmail.com

Robert Trefry

CT Technical High School System C: 203-521-8371 E: rjtrefry@gmail.com

Elaine Whitney

Westport H: 203-221-7335 E: ewhitney@westport. k12.ct.us

City Representatives

NSBA Director

Nancy Propfe Administrative Assistant for Membership Services

npropfe@cabe.org

lsteimer@cabe.org

“Don’t wait for someone else to take the lead — we need every board member to be involved. . .”

Resolutions Chair

Bryan Hall

East Hartford C: 860-982-7600 E: educationfirst27@ yahoo.com

Federal Relations Chair

State Relations Chair

Plainville H: 860-793-0615 E: becka59@comcast. net

Greenwich H: 203-637-5823 E: daytonjennifer@ gmail.com

Becky Tyrrell

Jennifer Dayton

Stamford

New Haven

Waterbury

Stamford H: 203-96407429 E: ballyn@stamfordct. gov

New Haven H: 203-806-0411 E: dgoldson.nhboe@ gmail.com

Waterbury H: 203-575-0411 E: charlesstango@ sbcglobal.net

Betsy Allyn

Darnell Goldson

Charles Stango

Lydia Tedone

Simsbury H: 860-658-1173 C: 860-543-1523 E: lydiatedone@aol. com

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