The CABE Journal - June 2023

Editor’s Note: Many Board of Education members and superintendents first met Melinda Lu and Kruti Dharsandiya at CABE’s Summer Leadership Conference in August, 2022. We once again heard from them at the CABE/CAPSS Convention and during Board of Education Appreciation Month. As they prepare to graduate, they have written their reflections on their public school experiences. Join us in congratulating Melinda and Kruti on their graduations and wishing them well!

Influential. If I had to pick one word to describe my experience in public school, I would choose influential. Schools are meant to shape young minds and develop strong thinkers, but those are not the only things schools do. The impact of a school is far larger than just education.

My education journey began at home with my wonderful Mom developing my character, values, and foundation that I have carried with me throughout my life. My Mom, Arpita Dharsandiya, gets the credit for being my role model and pushing me to be

See JOURNEY page 7

Reflections on My Public School

The first day I stepped onto public school property was Monday, August 30th in 2010 at 8:22 a.m. From my first day as a kindergartener to now my senior year in high school, my experiences within the public education system have shaped who I have become and who I will become in the future.

My elementary school self would never have known the power I hold as a student in my own education.

In elementary and middle school, I always thought everything was set in stone. We must have been reading that book in English class because it

was the best book to read. My teacher must have recommended me to this math class because I must have been at that level of math. What I did not realize was the education system’s ability to change. Unsurprisingly, I had this realization during 2020 when the whole world, including in-person school, shut down. Everything seemed to change so quickly. Our past paper assignments and tests soon turned permanently digital, sports events were now live-streamed, and the curriculum was changing. I realized just how instantly something could change and how the state’s board of education played a pivotal role, especially in curriculum change.

Like most students, I just went with the flow. I attended class and studied because that was what I was supposed to do as a student. I did not question

Patrice McCarthy Executive Director & General Counsel, CABE

The State Board of Education received a report on the Educators Rising program from Dr. Shuana Tucker and two participants from New Britain High School. The students, poised and articulate, described how the program has fueled their passion for teaching. There are currently 15 Connecticut districts participating in the program, with 480 students enrolled in courses and student clubs. Of the 480, 21.8 percent are males and 82.7 percent are students of color. Educators Rising is a student organization with intra-curricular learning opportunities integrated into existing coursework, and a community-based, grow your own model for aspiring teachers. The goal is to provide a clear pathway to increase teacher diversity and teacher quality. Educators Rising seeks to cultivate a new generation of highly skilled and diverse educators by guiding young people who reflect the demographics of their communities and who are passionate about serving those communities through public education on a path from high school through college and into teaching careers. Students are provided with opportunities to explore education courses and activities.

Kruti Dharsandiya Graduating Senior, Windsor High School

PRESIDENT COMMENTARY

We Are Influencers and Leaders

June enters quickly, where did the school year go? What would a year’s worth of headlines be for your school district? A kaleidoscope of headlines from the last week of April newspapers bombards the intellect, including: “King’s fractious family on stage at coronation”; “What can philosophy teach us about drug addiction?”; “Report shows prison inmate crisis”; ”Why are dead birds falling from the sky?”; “Pope thanks Hungarians for welcoming Ukraine refugees”; “Wonders of artist Walter Wick”; “Texas man kills 5 after gunfire complaint”;

and “Fast money and faded hope in China”. Headlines raise issues and reveal history in the making. Time Magazine also released its 100 honorees from around the globe, influencers, trailblazers, leaders working toward a better future. World news, people influencers, together making headlines.

I was struck thinking about the news and the 100 Time Magazine honorees that public education, educators, academia in general were absent from the honorees, not in the public marketplace of ideas. Artists, Titans, Pioneers, Leaders, Innovators and Icons — categories of the honorees. Not education?

How can that be? Isn’t public education the foundation of our democracy and the civilized world? Didn’t all these honorees and world leaders attend school and “be educated.” If the major theme is interconnected challenges, from climate change and public health to democracy and equality, public education should be the driving force, catalyst, engine for rethinking and reimaging solutions to these weighty world issues. Why isn’t public education in the headlines?

Public education is taken for granted. Of course, all these brilliant influencers attended school and seeds of creativity, excellence, discovery and curiosity were nurtured by teachers and school districts committed to student success and imagination. Our challenge is to communicate the gifts of public education to our commu-

nities, make headlines that tell the remarkable story of public education. Lest we forget.

In a recent National School Boards Association virtual meeting, it was evident that public education is under duress by political and social forces. States fully embracing funding religious and sectarian private schools, curriculum censorship, and book banning; discriminatory policies are on the rise. Unfortunately, these are the headlines for public education across the country.

“Central to confronting the world’s shared challenges is the pursuit of truth, an endeavor increasingly under attack,” noted journalist Edward Felsenthal, editor of Time Magazine Public education is the vehicle for the pursuit of truth. This truth is very profound and a public trust we as Boards of Education have taken an oath to protect and preserve. As the school year comes full circle, and headlines crater our senses, let’s remember we are influencers, leaders, and public education is the powerful engine of change and transformation. Our students are making headlines!

Have a wonderful summer!

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

Vision: CABE is passionate about strengthening public education through high-performing, transformative local school board/ superintendent leadership teams that inspire success for each child.

Board of Directors

EXECUTIVE COMMITTEE

Elizabeth Brown | President, Waterbury

Leonard Lockhart | First Vice President, Windsor

Meg Scata | Vice President for Government Relations, Portland

John Prins | Vice President for Professional Development, Branford

Lon Seidman | Secretary/Treasurer, Essex

Donald Harris | Immediate Past President, Bloomfield

Anthony Perugini | Member at Large, Cheshire

Lydia Tedone | NSBA Director, Simsbury

AREA DIRECTORS

Marion Manzo | Area 1 Director, Region 15

Douglas Foyle | Area 2 Co-Director, Glastonbury

Tyron Harris | Area 2 Co-Director, East Hartford

Jay Livernois | Area 4 Director, Woodstock

Academy

Dan Cruson | Area 5 Director, Newtown

Janice Cupee | Area 6 Co-Director, Stratford

Lee Goldstein | Area 6 Co-Director, Westport

George Kurtyka | Area 7 Co-Director, Derby

Robert Guthrie | Area 7 Co-Director, West Haven

Lon Seidman | Area 8 Director, Essex

Carol Burgess | Area 9 Co-Director, Montville

Bryan Doughty | Area 9 Co-Director, New London

ASSOCIATES

Eileen Baker | Associate, Old Saybrook

Ann Gruenberg | Associate, Hampton

Anthony Perugini | Associate, Cheshire

Robert Mitchell | Associate, Montville

Joseph Wilkerson | Associate, Bloomfield

COMMITTEE CHAIRS

Becky Tyrrell | Chair, Federal Relations, Plainville

Laurel Steinhauser | Chair, Resolutions, Portland

Jaime Barr Shelburn | Chair, State Relations, East Lyme

CITY REPRESENTATIVES

Joseph Sokolovic | City Representative, Bridgeport

A. J. Johnson | City Representative, Hartford

Yesenia Rivera | City Representative, New Haven Versha Munshi-South | City Representative, Stamford

STAFF

Patrice McCarthy | Executive Director and General Counsel

Nicholas Caruso | Senior Staff Associate for Field Services and Coordinator of Technology

Jody Goeler | Senior Staff Associate for Policy Service

Sheila McKay | Senior Staff Associate for Government Relations

Lisa Steimer | Senior Staff Associate for Professional Development and Communications

Conrad Vahlsing | Senior Staff Attorney

Wendy DeBarge | Coordinator of Finance and Administration

Pamela Brooks | Senior Administrative Associate for Policy Service and Search Services

Terry DeMars | Administrative Associate for Policy Service

Gail Heath | Administrative Associate for Government Relations

Wilmarie Newton | Administrative Associate for Digital Communications

Nancy Propfe | Administrative Assistant for Membership Services

Corliss Ucci | Receptionist and Assistant to Executive Director CABE Journal (ISSN 1092-1818) is published bi-monthly by Connecticut Association of Boards of Education, 81Wolcott Hill Road, Wethersfield, CT 06109. Periodicals postage Paid at Hartford, CT.”

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EXECUTIVE DIRECTOR COMMENTARY

A Season of Celebration

Patrice McCarthy Executive Director & General Counsel, CABE

We are in the midst of a season of celebration – seniors graduating from high school and looking forward to college and careers; “moving up” events at various grade levels; and our youngest students looking forward to beginning school at the end of the summer. There are high school and college reunions, family weddings and gatherings that allow us to reconnect with longtime friends. These events all provide us with the opportunities to celebrate individual and collective accomplishments.

School boards take the opportunity to acknowledge the accomplishments of students, such as with the CABE Student Leadership

View from the Capitol

As you read this the legislature will be in the last week of session. Session ends June 7.

When bills are proposed early in the session, CABE looks to see the new initiatives and lets you know in weekly advocacy highlights. Discussions in your districts on how you may be required to expand your curriculum or submit more reports to the State Department of Education are changes CABE brings to your attention, so that you may influence the legislative process.

Amendments could be offered on some bills to alter the proposed bill. Good or bad, filed early or late in the process, CABE monitors their impact. Each amendment must be accompanied by a fiscal note. A fiscal note, specifically the local impact, is often derived by inquiries to your school business official. Amendments and fiscal notes can be found on a bills webpage.

Join CABE on June 15 at 10:30 a.m. at the Legislative Office Building to learn the final outcome of the 2023 Connecticut General Assembly session.

Awards. I hope school boards and superintendents are also taking the time to celebrate the results of their hard work and dedication to their community. The work of local school leaders – board members and superintendents – has been more challenging in the past several years than ever before. Local decisions have always been scrutinized, but recently the discussions have become less civil. Reflect on ways your board has worked to create a culture of respect with the board, staff and community and commit to building and maintaining that positive culture.

You can also look at your student data for reasons to celebrate. Has your outreach to increase student attendance shown results? Are your expanded summer programs giving

students the academic and emotional supports they need? Celebrating achievements increases motivation to take on new challenges. Board members and superintendents benefit from acknowledging both accomplishments and ongoing challenges. Your celebration with an agenda item allowing reflection on the past year can be as joyous as balloons and cake.

Sheila McKay Sr. Staff Associate for Government Relations, CABE

See You in Court – The Nutmeg Board of Education A Superintendent Search in Nutmeg

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.

Last month, Mr. Superintendent announced his retirement from the Nutmeg Public Schools, effective January 1, 2024, after 12 years of distinguished service. The members of the Nutmeg Board of Education were a bit panicked because only veteran Board member Bob Bombast had participated in the last Superintendent search. With a silent prayer, Ms. Chairperson asked Bob if he would head up the search committee, and Bob eagerly agreed.

Bob’s first action as Search Committee Chair was to urge Ms. Chairperson to appoint a large committee to ensure representation of the various segments of the Nutmeg Public School community. Ms. Chairperson dutifully appointed twelve people to the Search Committee, including three parents, three teachers, three administrators and three Board members, with Bob, Ms. Chairperson and Board member Mal Content representing the Board.

Bob called the first meeting of the Committee without posting the meeting, and to start the meeting, Bob passed out non-disclosure agreements to the Committee members to sign, signifying agreement not to share any of the details of the search process with persons not on the Committee. Then Bob led the Committee in a discussion about the need to hire a search consultant. The Committee agreed with Bob’s recommendation that the Committee hire CABE Search Services for that role, and Bob promptly signed a contract with CABE Search Services on behalf of the Committee. Working with the consultants, the Committee members described the qualities that they were seeking in a new superintendent, approved a brochure advertising the vacancy, and let the search consultants get to work.

Eventually, the members of the Committee received résumés of interested candidates from the search consultants, and after careful study of their backgrounds Bob emailed his candid comments on each candidate

to the other members of the Committee. Ms. Chairperson called Bob to question the wisdom of putting such comments in writing, but Bob dismissed her concerns by telling her to remember that the search process is confidential.

The Committee then prepared to interview the six round-one finalists it selected with the assistance of the search consultants. The search consultants also gave Committee members a series of questions that they recommended be posed to each candidate. However, Bob told the consultants that he prefers to be more spontaneous in interviewing candidates, and he and the other Committee members each made up their own questions to pose to the candidates.

Based on those interviews, the Committee narrowed the field to two finalists, who were interviewed again by the Committee. Both candidates did a great job with the second-round interviews, and the Committee faced a tough decision between two good candidates. Indeed, the Committee members split between the two finalists, with the teachers and administrators favoring one candidate and the parents and Board members favoring the other.

The Board members not on the Committee were curious about the hang-up, and they asked Bob for an update. However, Bob explained that the process had to remain confidential until the Committee identified a candidate to recommend to the Board.

Word of the stalemate over the choice for Superintendent somehow leaked out, and local reporter Nancy Newshound got involved. She immediately made an FOIA request for all records related to the search, and she questioned how the Committee was having meetings and exchanging emails without posting a single meeting.

How should the Search Committee respond to Nancy’s request and questions?

••••••••••••

One of the most important tasks boards of education have is to identify and hire a superintendent of schools. Despite Bob’s prior experience, he and the Search Committee made a number of mistakes here that others should avoid in a search process.

As an initial matter, Bob was correct in his understanding that meetings of the Search Committee

are not subject to the posting requirements of the Freedom of Information Act. The FOIA has a specific provision permitting a public agency to create a “personnel search committee” “whose sole purpose is to recommend to the appointing agency a candidate or candidates for an executive-level employment position.” Significantly, the FOIA provision goes on to provide that meetings of such committees need not be posted.

However, Bob erred in thinking that documents related to the search were also confidential per se. A personnel search committee is a public agency, and its records are subject to the FOIA. To be sure, records that would disclose the identity of an applicant for employment are exempt from disclosure under the FOIA, with one significant exception – any records from the search process that relate to the successful candidate are subject to disclosure.

Bob’s comments on candidates could be embarrassing even without disclosing the candidates’ identities, and any written comments about the successful candidate would be subject to disclosure without redaction. Accordingly, members of personnel

search committees should exercise care in writing emails or otherwise creating records as they conduct a search.

Ms. Chairperson appointed a committee that included a number of persons who are not on the Board. As a threshold matter, we should check the bylaws of the Nutmeg Board to see if the Chairperson has the authority to create a committee, and it may be that only the Board can create a committee. In any event, the Nutmeg Board missed an opportunity to simplify the process. While at first blush it may seem counterintuitive, the Freedom of Information Commission has ruled that a public agency may appoint all of its members to serve on a personnel search committee, and that is the common practice for school boards.

Community input is important, but personnel search committees can obtain that input by inviting persons to their meetings as they see fit without posting the meeting (as long as the invitees do not comprise a quorum of another public agency). By contrast, the committee in Nutmeg could meet with the full Board only in a posted

See SEE YOU IN COURT page 13

Ninth Edition 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.

It’s Personal

Relationships fuel success. We earn your trust by taking your success as personally as you do. However you define value, Shipman delivers.

Shipman’s school law lawyers have over 50 years of experience, and represent over 100 public school districts, as well as public school member organizations and associations, on the broad range of legal issues that school districts confront. We call on lawyers experienced in school law, special education, employment law, labor relations, intellectual property, data privacy, construction and environmental issues, and business contracts to provide effective and efficient legal assistance for our clients.

It all adds up to a relationship that delivers added value for each of our school district clients. Our Practice Group Co-Chair, Tom Mooney, has written

teachers, administrators and board of education members throughout the

CABE: Working for YOU

Below are the highlights of activities that the CABE staff has undertaken on your behalf over the last month. We did this:

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

z Provided roles and responsibilities workshop for Bridgeport and Hamden Boards of Education.

z Met with CAS to discuss student voice and onboarding student representatives to boards of education.

z Responded to 25 requests for policy information from 14 districts, providing sample materials on policy 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 were those pertaining to Graduation Requirements and Selection of Education Materials.

z Provided support to board members and central office administrators regarding policy matters.

By helping school boards to increase student achievement:

z Facilitated a board retreat for the Region #4, Chester, Deep River and Essex Boards of Education discussing the board’s role in implementing their strategic plan.

z Sent three issues of “Policy Highlights” via e-mail listserv

covering topics that affect student achievement. These issues discussed the topics of Parents Rights, Dress and Grooming, and Time to Review and Update your Library Book Selection.

By promoting public education:

z Discussed CABE and superintendent search process with aspiring superintendents.

z Provided webinar for individuals considering board of education service.

z Provided Spring Meeting of Superintendents’ Administrative Professionals.

By providing services to meet member needs:

z Facilitated a CABE webinar, As Book Bans Escalate, Here’s What You Need to Know

z Facilitated Board Chair Check-In.

z Co-sponsored Civility: Building Better Relationships webinar with The Rell Center for Public Service and CTPublic

z Provided Appropriations Committee Update webinar.

z Provided CABE Collective Bargaining workshop.

z Revised policies, as part of the Custom Update Policy Service, for Gilbert School, Marlborough, New Fairfield, North Stonington, and Sterling.

z Prepared materials, as part of the

Custom Policy Service, for Regional School District #15

z Currently assisting Canterbury and Granby Boards of Education with their superintendent search. Assisting Preston Public Schools with a Middle School Principal search.

z Responded to a variety of legal inquiries from members.

By attending Professional Development to strengthen staff knowledge and skills:

z Attended the Spring Meeting of Superintendent’s Administrative Professionals.

z Attended a COSA webinar featuring the Office of Civil Rights.

By helping districts operate efficiently and conserve resources:

z Facilitated focus groups for Darien Assistant Superintendent search.

z Posted policies online, as part of the C.O.P.S. Program for Avon, Bethel, Canterbury, Cheshire, Derby, Griswold, New Fairfield, Preston, Region 18, Somers, Westport, and Wolcott

By representing Connecticut school boards on the state or national level:

z Discussed new Social Studies curriculum requirements in an interview with FOX61

z Represented CABE on Special Education Task Force

z Participated in NSBA State Association Counsel calls.

z Participated in Commissioner’s Roundtable for Family and Community Engagement

z Participated in School Violence Workgroup meeting.

z Provided legislative update to CREC Council.

z Attend CBIA Workforce Development Summit.

z Participated in CT Education Partners meeting.

z Attended CAS Board of Directors meeting.

z Attended press conference to support increased education funding.

z Attended meetings of the Discovering Amistad Ship Committee, Education Committee and Board of Directors

z Attended a Community Roundtable on High-Speed Internet, hosted by Department of Energy and Environmental Protection

z Chaired meeting of the Digital Learning Advisory Council for the Connecticut Commission for Educational Technology

z Participated in New England School Public Relations Association (NESPRA) Board meeting.

z Participated in meeting of the CT Public Sector Workforce Development Task Force

z Represented CABE at CABSO’s Vendor Day.

REFLECTIONS

(continued from page 1)

what I was learning and just carried on. However, when the state passed a bill to include an African-American and Latino Studies Course within the curriculum, I started to wonder: why was this not here before? I looked into news articles and realized that it was the students that triggered and pushed for the passage of this piece of legislation. At the time, I was also part of the CT Association of Schools’ (CAS) newly formed Student Equity Advisory Board. Through my curious news article search and research I had done as part of the board, I learned the roles of the boards of education, superintendents, and principals in curriculum change and their ability to change school climate. However, through the African-American and Latino Studies course, I also learned that it was not just the adults who had the power to

JOURNEY

(continued from page 1)

the best student and person possible. She is also the reason why I was blessed to be in a public school system my whole life. From Roger Wolcott to graduating this year from Windsor High School, I’ve been privileged to go through a public education system. I know, privileged and public education don’t usually go in the same sentence, but the experiences I’ve gained from this system have influenced my personality, character, mindset, and the person I am today.

First of all, being in a public education system, specifically in Windsor, has afforded me with the opportunity to attend a school that resembles a melting pot of people. We have people from various races, ethnicities, family dynamics, socioeconomic statuses, and sexualities. An exposure to this type of diversity has allowed me to develop an open mind set and be more empathetic. Just as much as I learn from my teachers in school, I have also learned from my peers through their life experiences and individual journeys. As I have met and interacted with different people in my school, I am able to analyze situations from numerous perspectives and engage in conversations with various individuals. This robust and diverse experience is something unique to public schools, and one of the best parts of a public education.

Furthermore, I have become an independent and determined young lady because of the experiences within the public education system. Through-

make decisions. Students could make decisions, or at least advocate for certain decisions to be made.

The passage of this course really opened my eyes to the possibilities of change within my school system. I no longer viewed myself as just a student who went through their pre-planned day in high school learning an unchanging curriculum. I viewed myself and my peers as advocates for our own learning. School is meant to serve students, and without having student input or contribution, no efficient improvement is possible.

Through my work with CAS, I have been given the opportunity to share my perspective on issues facing administrators and board members. However, this opportunity to share my voice and understand the avenues I could take to advocate for change would not have been possible without CAS. For the many students who were

out my 13 years in public education, there have been a fair share of positive and negative situations I have gone through. However, public schools mimic what the real world is like; there is adversity, challenges, opportunity, and growth, all in one space.

Challenges like not having adequate resources for college and career preparation or disciplinary issues are prevalent, but being exposed to this has allowed me to grow into an independent young lady who is looking to make a change in this system.

Had I not been exposed to these seemingly ‘negative’ environments, I wouldn’t have been able to join numerous Connecticut Boards where I am able to voice my opinion on these issues and contribute to change. My opinion is that public education has a lot to offer, and it is up to the student to make the CHOICES to maximize their opportunities.

Lastly, but certainly not the least, I cannot reflect on my public education experience without expressing my gratitude for the FANTASTIC people that have been introduced into my life while attending public school. My best friend, Alexa (who is my partner in crime) and I met on the first day of Freshman year. We were both two totally different individuals and now, she is a pivotal part of my support system.

I know I can count on her to be truthful with me and hold me to a high standard to make sure I maximize my potential. Even though we have different aspirations, she understands my grind and discipline, and never asks me to sacrifice my goals. In fact, her drive and passion for her

just like me before I joined CAS, they just go about their school day being indifferent about the positives and negatives of their school experience.

The opportunities that I had to network and communicate with administrators from my school and from other districts allowed me to share my thoughts and feedback but to also listen to their side of the story as well. This pathway for communication between students and adults is crucial for adults to understand ways to make students feel welcome in the school environment but also for students to understand why certain rules and decisions were made.

Having this open communication with adults is something I wish all students had the opportunity to do. Whenever I hear classmates complain about certain rules or regulations on school events or sporting events, I think about the conversations I have

had with these adults. I understand my classmates’ concerns, but at the same time, I also understand the reasoning behind why the adults in power made those decisions. Allowing students to have access to open communication with adults will allow students to share their feedback and understand the challenges that the adults face as well. With this open flow of communication, each side is not having a yelling match at one another but an informed discussion on ways things can be improved with both the student and adult perspective in mind.

To all the principals, superintendents, and boards of education, I encourage you to establish more open lines of communication with students (whether that be a form where students can submit concerns, ask me anything sessions, office hours, etc.) so that both sides understand problems that each side is facing.

See JOURNEY page 14

own dreams inspires me to keep on pushing, even when challenges pose themselves in front of me.

But most importantly, I am

Kruti Dharsandiya and Melinda Lu spoke at Friday lunch at the 2022 CABE/CAPSS Convention.

We first met Melinda Lu and Kruti Dharsandiya at the 2022 CABE Summer Leadership Conference in a session facilitated by CABE VP for Government Relations Meg Scata (Portland).

An Introduction to “Protected Classes” in State Law

Conrad Vahlsing Sr. Staff Attorney, CABE

Education leaders understand that discrimination against students and staff is not tolerated in Connecticut public schools. But where does that legal framework reside? And who is protected, and from what?

This article will provide an introduction to the network of state laws that protect students and staff so that all may have a better understanding of how Connecticut’s antidiscrimination laws work.

State Antidiscrimination Laws Reside in Several Locations

Connecticut’s antidiscrimination laws reside in state statutes, public acts, and executive orders. And court and agency decisions can interpret these laws in specific ways.

As an introductory note, our state statutes are grouped together thematically, in “titles.” For example, Title 10 (“Education and Culture”) is important as it contains many of the laws pertaining to K-12 public schools.

Title 10 contains an antidiscrimination law specifically for students in our schools: Section 10-15c. This statute provides students (more accurately, children eligible to attend public school) with an “equal opportunity to participate in the activities, programs and courses of study” in school by being free from discrimination based on a list of specific qualities, aka protected classes.

Currently, the protected classes in Section 10-15c are: race, color, sex, gender identity or expression, religion, national origin, sexual orientation or disability.

And the definition of race was recently expanded with the CROWN Act (Public Act 21-2, enacted in 2021), where race is defined as “inclusive of ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles,” with a further definition of “protective hairstyles.”

Title 46a is important to our public schools as it contains antidiscrimination laws regarding employment.

Title 46a (“Human Rights”) contains protections in four main arenas, employment, housing, the enjoyment of goods-services-facilities (the latter commonly referred to as public accommodations), and credit.

Executive orders from the governor can also modify antidiscrimination protections. For example, in 2017, then-Governor Dannel Malloy issued Executive Order 56, which contained several important points regarding students. The EO focused on the protected classes of sex, sexual orientation, and gender identity or expression, and stated that Connecticut “has become a national leader in protecting civil rights,” and that our state laws provide “greater protections for transgender people than federal law.”

As for what Executive Order 56 imposed, it stated that bathrooms and locker rooms in public schools and institutions of higher learning should be considered places of public accommodation. And this designation then prohibits discrimination in such places based on sex and gender identity or

expression.

Each Antidiscrimination Law Protects Different People, from Different Harms

Sections of Connecticut’s statutes apply to different arenas: Title 10 for K-12 public education, Title 10a for our state system of higher education, and Title 46a for human rights, as important examples.

Section 10-15c (within Title 10), discussed above, designates protected classes among students and children eligible to attend public school that protect against discrimination in educational “activities, programs and courses of study.”

Within Title 46a, Connecticut’s human rights statutes, laws create protected classes in specific arenas, and the groups of classes may differ. For example, the protected class of “familial status” only applies to housing transactions. But note that in the section on employment, an employer or labor organization cannot inquire as

See PROTECTED CLASSES page 12

THE POLICY CORNER Book Selection Policies

Jody Goeler Sr. Staff Associate for Policy Service, CABE

As I look back on my experiences as a school superintendent, one of the responsibilities I found most rewarding was my work with Boards on policy development. While those long hours at night working with the Policy Committee on issues of clarity and meaning couldn’t compete with the joy brought on watching student performances and observing engaging lessons, the search for the correct word or the clear statement as well as the attention to process remained challenging.

Recently I’ve had the opportunity to review and provide feedback on policies earnestly drafted to tackle complex and divisive issues. In particular, Boards are currently reviewing their library book selection policies. In contrast with textbook adoption policies, where a two-thirds vote by the Board is required by statute to approve a curriculum-based textbook, choosing books for school libraries are a different matter. School libraries exist to provide all students a range of books and materials to engage them, stretch their imaginations, deepen their empathy towards others and their understanding of themselves, as well as to support school cultures of reading, thinking and discourse.

As Boards perform their role in policy development, the grueling work is typically assigned to the Policy Committee. Here it has been gratifying to observe intelligent discussions occurring regarding the role of parents, teachers and students to challenging questions: How do school libraries impact the Board’s Portrait of the Graduate and other aspirational goals for their students? What opportunities exist for parents or community members to challenge a book? What is the role of administration and professional staff in such a process? Through the pursuit of answers to such questions, stronger policies are developed. And stronger policies help sustain Boards through challenging times.

In addition to a library book selection policy, it is important for

Boards of Education to have a policy with explicit language and clear procedures for handling complaints. The American Library Association affirms in its Professional Code of ethics “the inherent dignity and rights of every person.” A thoughtful and workable complaint policy will help ensure that one parent’s concern regarding the “appropriateness” of a library book doesn’t impact other parents’ desire to have it available for their children to read.

As library book selection policies place the responsibility for choosing the books from the many published to curate their libraries, school librarians have sadly become the target of threats, social media doxing and trolling, and general abuse. Some with roots in national movements, these divisive campaigns to intimidate are designed to cause disruption, confusion, and outrage. These efforts to dismantle civil discourse have devolved into threats of violence in a handful of communities across the country. Often the targets of such threats and acts of violence are towards board of education members, superintendents, teachers and librarians

The American Library Association, which “condemns censorship and works to defend each person’s right to read and ensure free access to information,” documented over 1200 demands to censor library books and resources in 2022. Along with those documented attempts to ban school library books, ALA documented approximately 50 cases of threats against librarians as a result of book bans across 27 states.

Such reports include an email of an alleged bomb in schools in an upstate New York Community, death threats targeted against a Louisiana librarian for speaking out against censorship, and even an accusation that a Virginia Beach superintendent was distributing obscene material to minors. Although the threats have not led directly to violence against school personnel or schools so far, they leave staff in fear, and cause disruptions to district operations. Social media is

often used as a tool weaponized regularly against librarians, teachers and citizens who speak up against censorship or banning efforts.

Connecticut Library Association’s Intellectual Freedom Co-chair, Sam Lee, offers excellent advice to assist districts dealing with efforts to ban or censor books: Trust your librarians. Follow established library policies and procedures. Communicate a positive and affirmative message related to libraries and community values.

As Boards of Education continue their critical role as policy makers, they will also need to provide support to their staff as they work to meet the needs of all students. As one superintendent whose district had been involved in a contentious book banning effort reflected, “lt’s important

to make sure employees know their district supports them if they’ve been threatened for doing their jobs. Our response was to ensure employees that they were operating within the law (and policy) and that they didn’t have reason to be concerned. We support them and we support their efforts and we recognize them and value their hard work.”

With the continuing adverse impact in our communities from “the digital divide”, public and school libraries serve to provide critical access to all. Clear and decisive policy will go a long way towards establishing the Board’s position and clear guidelines for professional staff, students and parents.

Did you know that as a CABE member, your District has 24/7 access to the strategic communications services of Baldwin Media?

With more than 20 years of experience working with public schools, don’t do it alone

Over the years, Ann has partnered with countless Boards of Education and Superintendents navigate through a variety of issues, from getting out in front of budget referendums, personnel issues, social media challenges, school safety, etc

Assisting with district messaging for internal and external stakeholders and serving as the conduit between your “issue” and the media, she is here to help you manage the message

If she can help you with a simple phone call, there is no cost to you If the issue is more complex, then you can decide to access her expertise and additional services by contracting through CABE

Tips for Developing Successful and Effective School Boards

School boards have common goals: improving academic achievement by supporting schools and students. Working as a team helps them to be effective.

The following tips from the American School Board Journal recommends other ways to improve school board effectiveness in its online article, Seven Signs of Effective School Board Members (http://bit.ly/1rxXRgS):

1. Going solo is a no-no. Board members have no power as individuals. Success of each member is tied to the success of the board.

2. Respect the team. Emotions on controversial issues may

run high, but it is essential to take a long view of the board and respect the views of fellow members. Remember, too, that the board sets the tone for the whole district. They must model collaboration.

3. Understand the difference between board and staff. Board members must refrain from management functions. Those are the responsibility of the superintendent and district staff. Learn and explain the chain of command to constituents.

4. Share and defend your views, but listen to the views of others. Model good

communication by listening and compromising. Move forward respectfully after difficult decisions.

5. Do your homework and ask tough questions. Decision making requires an understanding of extensive background information on complex issues. Do your homework, ask questions, and clarify issues so that members of the community can understand the topics and decisions.

6. Respect your oath. Board members are elected officials that swear oaths to uphold laws. Respect that oath by

maintaining confidentiality and following public processes.

7. Keep learning. Participate in professional development opportunities. There is a big learning curve in educational reform, requirements and jargon. Keep up-to-date by reading resources from state and federal associations. Attend conferences and work closely with the superintendent and board chair.

Editor’s Note: This is excerpted from an article written by Marcia Latta, communications consultant.

Superintendent/Board Communication in a Crisis

Nick Caruso Sr. Staff Associate for Field Services and Coordinator of Technology, CABE

I recently read an article about a board of education whose members were concerned that a serious issue had taken place in the district and they knew nothing about it. Parents had been notified through a phone notification system, but board member felt that they needed enough knowledge to be able to respond to the inevitable phone calls they would receive from concerned parents.

In this new environment, where information is always available instantly, the question often comes up about how much the superintendent needs to share with the board. This isn’t always the easiest question to answer; sometimes board members aren’t privy to confidential information that may need to be presented in a hearing at some future point. The superintendent has to protect the process for investigating, drawing conclusions and bringing a request for action to the board. Spending time on the phone or e-mailing board members, while often necessary, invites opportunities for abuse. I recall one superintendent who attended a three-day workshop. Upon her return she had 65 e-mail messages from board of education members alone. Responding to those e-mails alone took her around 6 1/2 hours to complete. Board members need to be sensitive to that.

That being said, nobody wants to read about a serious issue in the schools either in the newspaper (frontpage/above the fold), in social media or on television. Getting a call from a reporter asking a question about a serious issue he or she knows nothing about is not something anybody wants.

As part of a discussion on board evaluation, or the board/superintendent relationship, discussion should take place about what should, or should not be shared with the board, and the vehicle best suited for it.

Many boards have a communications plan which would include general guidelines for board-superintendent communications. These plans should be deliberate and strategic. In general, it starts by articulating examples of what the board believes should be shared that can be discussed with the superintendent for viability. In the case of the district I mentioned at the outset, putting board members on the general list for broadcast phone calls was easy to do and satisfied the board. In some cases other solutions make more sense.

In many districts, the superintendent regularly (once a month or once a week) reports on things he or she believes the board should know about.

It might be an issue that the district is facing - budget updates, possible labor issues or programmatic problems are examples. Some issues require a

personal call, but in most districts the superintendent will reach out to the board chair to figure out who needs to be on the list to be informed, and just how much they should be told. May boards have a protocol where the chair then calls individual board members to share the issue with the rest of the board.

It is important that whatever information is decided to be shared with the board, that all board members receive the same information.

Consider this a work in progress. In doing his or her job, the superintendent might not get information in a timely manner, or the superintendent’s understanding of the problem might not gel with what social media is say-

ing… it may have been blown way out of proportion. Sometimes a situation may be underestimated, or exaggerated into something more serious than it actually was. It is OK to look at things in hindsight and learn from the example.

Finally, advice I always give to boards. When a situation develops, the most important thing is that the situation gets assessed, resolved and then communicated to the community. With social media in play, we often try to accelerate the process. That being said everyone should work to establish protocols that will minimize the potential for misreading a situation and to ensure board members don’t get any unpleasant surprises.

People in the News

Patrice McCarthy Executive Director & General Counsel, CABE

Herb Arico, a member of the Willington Board of Education for 46 years, died recently. CABE benefited from his active engagement at the state level, where he previously served on the CABE Board of Directors. He was a regular participant in our programs – including Day on the Hill this March. CABE staff and members always enjoyed interacting with him and appreciated his commitment to public education and his bubbly personality.

Herb taught at Windham High School for 58 years. He was a member of the Region 19 Board of Education and the EastCONN Board of Directors. The CABE Board of Directors and Staff extend our deepest sympathies on his passing.

Collaborative School Districts for Specialized Student Transportation: The Benefits of Working Together

Christopher Vazquez Director of Business Development, Coordinated Transportation Solutions

As a vital resource for the health and well-being of our communities, having access to transportation for the most vulnerable students is an important social driver of health and an important responsibility for districts across the state.

When it comes to students with specialized needs (for example, students in foster care, students experiencing homelessness, and students with learning or physical disabilities), they are entitled to transportation to and from their places of learning. Because of its complex and individualized nature, transporting students with specialized needs to and from school is often challenging and expensive. This financial strain on public school systems’ budgets is a reality throughout Connecticut and across the country.

A report by the National Conference of State Legislatures notes that the average cost of special education transportation rose from $905 per pupil in school year 2005-2006 to $1,177 per pupil in 2015-2016, an increase of 30 percent.

Many superintendents are turning to collaborative transportation programs to combat these rising education costs, which allow multiple public school districts to consolidate their specialized student transportation needs. These partnerships can lower expenses and improve efficiency while providing safe and reliable transportation services.

According to a report by the National School Transportation Association, by participating in collaborative transportation programs, school districts can save up to 40 percent on transportation costs for their students with specialized needs, utilize more efficient routes, and reduce the amount of time students spend on the bus, thereby increasing the amount of time students spend in the classroom.

This may sound obvious, but collaborative transportation programs do not happen independently or in a vacuum – they require local knowledge and expertise to help organize and execute. To successfully implement an effective program, school districts need to partner with specialized transportation companies. This collaboration results in the creation of

fully customized routes and schedules tailored to the specific needs of each student that are efficient and reduce the overall cost of transportation for participating school districts.

In addition to actual cost savings and increased efficiency, collaborative transportation programs can also improve safety and enhance communication. Having a qualified, full-service transportation provider as a single point of contact to manage all communications and confidential student information means fewer mistakes, greater efficiency, and reduced administrative staff hours that can be reallocated to other essential duties.

Furthermore, experienced transportation providers can offer additional services such as vehicle maintenance and essential training for drivers on important topics like cultural sensitivity and confidentiality. Monitors, real-time GPS, and cameras, along with other possible safety features, could also be provided. Additionally, working with these providers on a collaborative transportation program may further reduce costs by allowing insurance fees to be divided among the participating public schools.

In addition to gaining real-world savings and efficiencies, equity in education is also strengthened by collaborative transportation programs. Students with specialized needs have the right to access the same educational opportunities as their peers, and transportation is a critical component of that access. By pooling resources, school districts can ensure that all students can access reliable and safe transportation to and from school, regardless of the district’s size. In addition, cost savings from pooling resources can be used to fund other initiatives such as classroom supplies, technology, and extracurricular activities.

Collaborative transportation programs can have environmental benefits as well. By consolidating routes and reducing emissions, schools can decrease their carbon footprint, contribute to collective efforts to lower air pollution and promote more sustainable practices. This has become an essential consideration in recent years many schools and districts seek to reduce their negative environmental impact.

In conclusion, a collaborative approach to specialized student trans-

portation provides an excellent solution to this population’s challenges. Schools can benefit from cost savings, increased efficiency, and enhanced safety, ensuring that reliable and safe transportation to and from school is a reality for all students, including those with specialized needs. Ultimately, effective collaboration offers a promising approach that will allow parents

PROTECTED CLASSES

(continued from page 8)

to a person’s “familial responsibilities” (with certain exceptions, see Section 46a-60). The point is that this can be a complicated topic!

For public school districts, employment protections contain one of the most important groups of protected classes for one simple reason: school districts employ a lot of staff.

These are the protected classes in employment: race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran or status as a victim of domestic violence (Section 46a-60). Depending on how the groups are counted, that is currently about fifteen protected classes.

The List of Protected Classes

Continually Grows (and a Conclusion)

What is considered a protected class in Connecticut law is constantly being modified. Here is a brief summary of recent changes to protected classes relevant to school districts:

• status as a victim of domestic violence was added throughout the

and school districts to feel confident and secure in their children’s efficient delivery while improving access to education for all students.

Coordinated Transportation Solutions (CTS), a non-profit, based in Trumbull, Connecticut, is a CABE Scholar Level Business Affiliate. For information contact Christopher Vazquez.

human rights statutes (2022)

• race was defined to include ethnic traits associated with race (hair texture and protective hairstyles, but not limited to those), with a further definition for protective hairstyles, and these definitions apply to both the human rights statutes and educational opportunities in Section 10-15c (2021)

• status as a veteran was added throughout the human rights statutes (2017)

• gender identity or expression was added throughout the human rights statutes and to educational opportunities (2011)

Understanding protected classes may be a bit daunting, but it is important work as education leaders make our public schools safer and more equitable. Also, please note that this article only discussed state law! There was no discussion of important federal laws such as the Americans with Disabilities Act, the Individuals with Disabilities Education Act, Title VII, or Title IX, as some examples. And while it may not be easy reading to understand protected classes, not many people seek to be an education leader for some light responsibility, but rather because the responsibilities are so important.

“Education breeds confidence. Confidence breeds hope. Hope breeds peace.”

– Confucius

SPRING MEETING OF SUPERINTENDENTS’ ADMINISTRATIVE PROFESSIONALS

Connecticut Workforce Summit

Patrice McCarthy Executive Director & General Counsel, CABE

The recent Connecticut Workforce Summit focused on leveraging public and private solutions. It brought together leaders from business, education and the nonprofit sector.

Tameshia Bridges Mansfield from Jobs for the Future discussed the quality jobs framework, which

SEE YOU IN COURT

(continued from page 4)

meeting, with executive session being limited to subjects so privileged, such as discussion of individual candidates under consideration.

Bob and his Committee made two other mistakes. First, having a set of prepared questions presented to each candidate is part of an effective interview process. Moreover,

includes:

• Compensation, including a living wage, health care and paid leave.

• Advancement, including career ladders and pathways and access to professional development and training opportunities.

• Agency and culture, ensuring an inclusive environment, including DEI practices and promoting trust and belonging.

consistency also serves to ensure a fair search process. Asking different candidates different questions can result in a claim of discrimination by an unsuccessful candidate, either because the question relates to personal characteristics not justified by business necessary (e.g., “how old are you?” or “are you married?”), or because the candidate claims that unique questions posed to him or her operated to discriminate against the candidate.

• Structure, including equitable application of all policies, practices and adherence to laws regarding workplace health and safety.

She noted that 20 percent of high school graduates do not have a job or post-secondary plan when they graduate. Mansfield emphasized the need for collaboration between business and education, since policy is

Second, Bob signed the contract with the search consultants on behalf of the Committee. However, the “sole purpose” of the Committee by statute was to recommend a candidate, and the Committee had no authority to enter into a contract, either on its behalf or on behalf of the Nutmeg Board. Rather, once a personnel search committee identifies a search consultant, the board of education must take formal action in open session to retain

made by people who know and trust each other.

A panel of public school students provided their perspectives on career pathways. Liberty Blanco from East Hartford High School, Gabrielle Hendricks from Weaver High School and Bryan Ortiz from Hartford Public High School discussed the value of the career pathway programs they had experienced.

the services of the search consultant, even if all the board members are serving as the members of the personnel search committee.

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.

Over 50 Superintendents’ Administrative Professionals participated in CABE’s Spring meeting!

CABE Sr. Staff Associate for Policy Services Jody Goeler introduced himself to participants.

Patti Renaud, Director of Communications, Glastonbury presented Write for Your Audience.

CABE Sr. Staff Associate for Government Relations, Sheila McKay, provided a legislative update to participants.

CABE Sr. Staff Attorney Conrad Vahlsing presented on FMLA.

Participants broke into groups to discuss a variety of topics relevant to their work.

CABE COLLECTIVE BARGAINING WORKSHOP MAY 9

BOARD OF EDUCATION

(continued from page 1)

The Board also received the Racial Imbalance Report for the 2022-23 school year, which lists the schools that are racially imbalanced and the schools that have impending imbalance.

Under Connecticut law, racial imbalance exists when the proportion of students of color for any school exceeds twenty-five percentage points more than the comparable proportion for the school district. For all grades of a given school, the total number

JOURNEY

(continued from page 7)

grateful to have met Kendrick Moore. I was introduced to him through the SpeedPass Summer Transition Program, which is a program for incoming freshmen to ease their transition to high school.

After attending this program, as my freshman year began, I was also drawn towards the leadership pro-

of students of color enrolled in the same grades throughout the school district is divided by the districtwide total student enrollment in such grades, and the resulting percentage is the comparable proportion for the school district. If a school is identified as racially imbalanced, the board of education must file a plan to correct the imbalance with the State Board of Education (SBE). Impending racial imbalance exists when the proportion for a school falls outside a range from fifteen percentage points less to fifteen percentage points more than the comparable proportion for the school

grams he hosted. Through the programs, we developed a relationship of a mentor and mentee. He was always someone who kept the conversation honest with me, and never let me get comfortable with my success. Without his support and encouragement over the years I wouldn’t have been able to accomplish what I have.

His role as a mentor in my professional and personal life will be for the rest of time, but throughout the

district.

This year there are no schools newly identified with racial imbalance. The schools that continue to be racially imbalanced are:

• New Lebanon School in Greenwich

• Hamilton Avenue School in Greenwich

• McKinley School in Fairfield

• Church Street School in Hamden

• Charter Oak Academy in West Hartford

The Legislation Policy and Development Committee of the SBE meets with the boards of education

past four years, I want to thank him for growing into the role of a Father in my life. I appreciate you for loving and caring for me as your daughter and will forever be grateful for this bond (as well as you letting me use all of your MooreMotivations).

In conclusion, public education has developed so much over the past couple of years, but as I have noticed through my involvement in various Statewide Committees, there are many

with racially imbalanced schools to receive an update on their progress with implementing their plans to achieve racial balance.

The racial imbalance report indicates that there are 20 schools in 9 school districts with impending racial imbalance. The State Department of Education sends each local and regional board of education the racial imbalance status for each of those schools, allowing boards of education to take measures to avoid having one or more of its schools identified as racially imbalanced.

things that can be improved. But for us to continue to make public education the best it can be, the student voice needs to be welcomed, and utilized to make decisions impacting the student body. I am appreciative of all the opportunities I have been provided to voice my opinions and give feedback, and I look forward to seeing the trailblazing work students in the State of Connecticut continue to do.

CABE Sr. Staff Attorney Conrad Vahlsing welcomed participants and introduced presenters.

Attorneys Rich Mills and Julie Jaquays from Shipman & Goodwin presented on Maximizing Your Success at the Bargaining Table Regarding Health Insurance.

Attorney Dan Murphy fron Kainen, Escalera & McHale presented on Collective Bargaining Nuts and Bolts: Certified and Non-Certified Negotiations.

Attorney Kyle McClain from Zangari Cohn Cuthbertson Duhl and Grello presented on Interpreting and Enforcing the Collective Bargaining Agreement.

Understanding Connecticut’s FOIA The Attorney-Client Privilege, Opinion Letters, Agendas and Your Bills

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

Connecticut’s Freedom of Information Act (“FOIA”) exempts documents protected by the attorneyclient privilege from its disclosure mandate.  Unfortunately, not every communication from your lawyers is protected by the attorney-client privilege and exempt from disclosure under the FOIA.  Generally, in order to be protected, the communication between board members (or school district employees) and attorneys must be confidential, made in the course of the professional relationship that exists between the attorney and the district, and relate to legal advice sought by the district from its attorney. In addition, here are some (hopefully) helpful/ practical pointers.

So, what about the bills that we receive from our attorneys (besides having to pay them)?

Connecticut’s Freedom of Information Commission (“FOIC”) and the courts have held that portions of an attorneys’ bill that describe in any detail the nature of work being performed on behalf of a public agency client may be exempt from disclosure.  A general statement of the purpose of the work performed may not be exempt from disclosure, but bill entries that reveal the motive of the client in seeking representation, litigation strategy, or the specific nature of the services provided, such as researching a specific area of the law, may be exempt.  However, everything else is likely subject to disclosure.

Specifically, information concerning the date of services rendered, the identity of the specific attorney providing the services, hours of service and hourly rate, the amount billed, and (even) the identification of payment by matter name are not viewed to be matters protected by the attorneyclient privilege.

So, how much description do we have to put on the agenda (or motion) when we go into executive session to discuss a written attorney-client privileged communication?

You generally cannot get away with simply putting on an agenda

“discussion of attorney client privileged communication;” you have to provide at least a general description of the subject matter covered by your attorney’s letter. The FOIC and the courts have found that providing some general description of the subject matter of the written legal opinion – for example, that the opinion concerned the superintendent’s contract, or regional school district budget process issues - generally would not violate the attorney-client privilege, and thus is required under the FOIA. The logic for the FOIC requiring some description on an agenda of the type of personnel matter or the general nature of litigation being discussed would also apply to requiring some general statement/description of the attorney’s legal opinion, understanding that there may be a rare case where even the description of the subject matter by itself would actually reveal the nature of attorney-client communications (and need not be provided).

Can attorney-client communications afford us the opportunity to communicate amongst ourselves about employees without having to invite them into executive session or give them the opportunity to demand that we discuss the matter in public? Generally, when you are discussing a personnel matter in executive session, you have to notify the employee(s) being discussed of their right to have the discussion take place in public session in advance of the meeting. However, while a discussion regarding a personnel matter by itself will trigger the rights of an employee to demand that such discussion occur in public session, agencies can avoid this obligation where they are meeting in executive session to consider a written attorney-client privileged communication about the employee (or even a related contractual matter).  Of course, it is important to limit any discussion during the executive session to the written communication from your board’s attorney, and not engage in too broad a discussion about an employee’s performance separate and apart from a discussion/ substance of the legal opinion.  In addition, there may be other bases for

meeting in executive session regarding an employee (for example, if the employee has brought or threatened a lawsuit against the board) that the agency could use instead of the “personnel matters” exemption.

So, how much information can we disclosure from the attorney-client communication without waiving the privilege?

By publicly discussing the details of a legal opinion in any manner (beyond simply stating that the agency secured an opinion and as a result the agency is taking a certain action or believes that it has acted legally), an agency may eliminate the confidential nature of the opinion.  As such, if an agency discloses the substance or “gist” of the legal advice or privileged communication, it may have waived the privilege as to the entire communication.

Final Thoughts…

While the attorney-client privilege is still alive and kicking, you still need to act prudently to ensure compliance with the FOIA’s public meeting and public records requirements and take reasonable steps to avoid an inadvertent disclosure of the contents of any privileged communications. While there may be times that you want to have an opinion released to the public (and to broadcast to the world that your attorney has blessed your actions), the attorney may have a different viewpoint, since the opinion could contain items that are best left unsaid publicly from a legal standpoint.

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