CABE Journal - June 2016

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Connecticut Association of Boards of Education Vol. 20, No. 6

The Leading Voice for Connecticut Public Education

June 2016

“Out of the public schools grows the greatness of a nation.” - Mark Twain, Nov. 23,1900

Supporting Latino Students

CABE Board Freezes 2016-17 Dues

Robert Rader

Executive Director, CABE

Robert Rader

Executive Director, CABE

View from the Capitol Patrice A. McCarthy

Deputy Director and General Counsel, CABE

The regular session of the 2016 General Assembly drew to a close at midnight on May 4, with the Legislature immediately convened in special session to enable them to address unfinished business.

During the special session adjustments were made to the 2016-17 state budget which included the elimination of the school transportation grant, reductions in the special education excess cost grant and reductions in ECS funding for many communities. In light of the state’s fiscal challenges, these reductions were not unanticipated, but do exacerbate the pressure at the local level.

The Legislature, responding to ongoing concerns about education mandates, established task forces to examine both the professional development content mandates as well as mandates related to

Connecticut Association of Boards of Education Inc.

See LATINO page 15

WELCOME SUMMER! school climate, safety and bullying. The Legislature left the responsibility for reviewing and modifying, as needed, the educator evaluation and support system with the Performance Evaluation Advisory Committee.

Update on CCJEF v. Rell Rebecca Adams

Senior Staff Attorney, CABE

In a small courtroom on the second floor of Hartford Superior Court building at 195 Washington Street, Judge Thomas Moukowsher presides over the CCJEF v.

Rell trial.

CCJEF, established in 2004, is a nonprofit coalition made up of parents, school districts, towns and cities, and education focused associations which seeks to achieve an adequately and equitably funded PreK-12 public education system that is based on the learning needs of students and the true costs of delivering high-quality education in every school district.

See CCJEF page 10

At its April meeting, the CABE Board of Directors voted to freeze dues for the upcoming year. The vote, on a motion made by Secretary/Treasurer Elaine Whitney (Westport) was unanimous.

Board members were clear that they understand the difficult fiscal situation in local districts, especially as, at the time of the meeting, the Legislature and Governor had not agreed on a budget The only increase to CABE fees is for the Convention registration, which hasn’t increased since 2010-11. This increase is small, $10 per registration.

The Board also stated its belief that boards of education continue to see CABE as their best advocates at the Legislature and appreciate the many services the Association provides. CABE’s membership is at approximately 150, the highest it’s been in many years.

During the meeting the Board also heard from Deputy Director and General Counsel Patrice McCarthy as the Legislative Session ground into its last weeks.

Senior Staff Associate for Field Services Nick Caruso spoke about the Lighthouse Project, which helps Boards focus on their central mission, increasing student achievement.

There were also reports on upcoming Professional Development opportunities for Board members and Superintendents.

There were also updates from individual Board members on activities within their areas.

Dues notices have been mailed out to Board Chairs, with copies going to Superintendents and school business officials in all school districts.

Nutmeg Board

Top Ten Reasons

You Don’t Have to Like Each Other

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81 Wolcott Hill Road Wethersfield, CT 06109-1242

The United States continues to change.

According to Hispanic Teacher Recruitment: Increasing the Number of Hispanic Teachers, published by the White House Initiative on Educational Excellence for Hispanics, “currently, at more than 53 million, the Hispanic population is the nation’s largest, youngest, and fastest growing minority population.”

Connecticut, too, continues to change: according to State Departnent of Education (SDE), between October 2010 and October 2013, the percent of Connecticut students of color rose almost 4 percent.

Most of the growth has occurred in the Hispanic population. Today, Hispanic students equal over 21% of our State’s student population. There may be an even higher percentage of Hispanic students in the earlier grades (1-5).

According to SDE, the graduation cohort of Hispanic students has made the largest gains compared to White, Black, Asian, Indian or Hawaiian students over the last four years, but are still the lowest at 74%. When we look at the National Assessment of Educational Progress (the “nation’s report card”) on Connecticut results, in 2015, Hispanic students had an average score that was 18 points lower than that for White students. This performance gap was narrower than in 2000 (26 points) on the grade 4 math test. In 8th grade reading, Hispanic students had an average score that was 26 points lower than that for White students. This performance gap was not significantly different from that in 1998 (30 points).

Policy Direction “Drones” PAGE 14

Periodical Postage PAID Hartford, CT

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The Journal – Connecticut Association of Boards of Education/June 2016

PRESIDENT COMMENTARY

Connecticut ups and downs

As a relatively small state, one of Connecticut’s distinctive features is the disparity it represents. It is, for instance, unfortunately notorious for its significant achievement gap, which parallels the economic gap evident in this state, with some having exceptionally abundant resources, and others trying to cope with limited resources.

Clearly, a way to reduce the achievement gap is not to lower the bar for those at the top in terms of performance.

These patterns have been evident for so long, it would be easy to become acclimated, but as members of Boards of Education, administrators, teachers and families, it is important that we not become complicit in ways that have the unintended effect of sustaining negative trends.

The patterns of disparity may be evident in other

ways, especially regarding disproportionate representation of cultural diversity. Perhaps the geographic location plays a role, too; the natural world appears at times to parallel patterns of extremes. For example, one recent morning the temperature was in the 30s, but by late afternoon it was in the 70s. Given this context, we may be used to patterns of extreme differences.

Recently, another example of an extreme discrepancy was evident. Specifically, at a time when we anticipated closure for an intense “short” legislative session, there was a lack of consensus regarding the budget, which resulted in a special session.

The very same week, Connecticut had the rare delight of celebrating with the National Teacher of the Year, Jahana Hayes, who grew up in Waterbury and has established herself as a truly exceptional teacher. Her recognition as National Teacher of the Year is well-deserved. Her focus on service learning, connecting with her students, advocating and ensuring the relevance of the curriculum all have contributed to the ways in which she has excelled.

In addition to her skill and professionalism, she has a dynamic personality, as evident in how she addressed

the nation from the vantage point of Washington, DC, in a speech that was broadcast to the general public. If you missed this event, there is a link on the CABE website. She and President Barack Obama were seen having Ann Gruenberg a cordial exchange as part of the official ceremonies.

What a truly astonishing honor! The contrast between this great news and the not-so-great news regarding the budget is dramatic. It is, perhaps, tempting to mostly focus on the positive.

Conversely, the seriousness of the negative may reduce the celebration regarding the positive, however well-deserved the recognition. The solution to challenges is not attained by simply “adding” the discrepant elements and reaching some middle ground that obscures the extremes of highs and lows.

Making ourselves dizzy by staring at the negative and positive shifts, like a hologram, also will not help. Compromise, however, is an essential component to addressing various situations, including budgetary impasses. The best practices of quality communication, commitment to resolution, and a willingness to work together to reach solutions are essential.

Not surprisingly, they are also evident in our new National Teacher of the Year. With all the ups and downs, our ongoing commitment and our spirit of sustained vision regarding opportunities can contribute to collective well-being. Thank you, Jahana, for all your dedication to quality education for all children.

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.

CABE Board of Directors EXECUTIVE COMMITTEE

Ann Gruenberg ..................................................President, Hampton Robert Mitchell ................................. First Vice President, Montville Donald Harris ................VP for Government Relations, Bloomfield Elizabeth Brown ........VP for Professional Development, Waterbury Elaine Whitney ................................... Secretary/Treasurer, Westport Richard Murray ....................... Immediate Past President, Killingly John Prins ............................................. Member at Large. Branford Lydia Tedone .............................................NSBA Director, Simsbury

AREA DIRECTORS

Jonathan Moore................................... Area 1 Co-Director, Region 1 Susan Karp .....................................Area 2 Co-Director, Glastonbury Byran Hall ................................... Area 2 Co-Director, East Hartford Michael Purcaro .......................................Area 3 Director, Ellington Douglas Smith ........................................ Area 4 Director, Plainfield Michelle Embree Ku ................................ Area 5 Director, Newtown Jennifer Dayton .............................. Area 6 Co-Director, Greenwich Roxane McKay .............................. Area 7 Co-Director, Wallingford Lon Seidman .................................................. Area 8 Director, Essex Andrea Ackerman ..................................... Area 9 Director, Groton

ASSOCIATES

Eileen Baker ...............................................Associate, Old Saybrook Sharon Beloin-Saavedra .............................. Associate, New Britain Robert Guthrie ..............................................Associate, West Haven Robert Trefry .............Associate, CT Technical High School System

COMMITTEE CHAIRS

Donald Harris ........................Chair, Federal Relations, Bloomfield Becky Tyrrell ........................................Chair, Resolutions, Plainville Christopher Wilson..............................Chair, State Relations, Bristol

CITY REPRESENTATIVES

Matthew Poland ................................. City Representative, Hartford Carlos Torre ....................................City Representative, New Haven Charles Stango ................................ City Representative, Waterbury

CABE’s Unemployment Cost Management Service

STAFF

Save the Date July 26, 2016

CABE has partnered with Corporate Cost Control to offer support through a number of services to reduce costs and save staff time. Services include training and education, claims processing, charge auditing, hearings representation and budgeting/reporting.

For more information you may visit our website at http://www.cabe.org/page.cfm?p=1198.

If you have questions or would like to receive a quote, contact Teresa Costa at CABE at 860-571-7446 or email tcosta@cabe.org.

CABE’s 6th Annual Summer Leadership Institute Registration 1:30 - Adjourn 6:30 pm Old Saybrook Point Inn, Old Saybrook

Robert Rader ....................................................................... Executive Director Patrice McCarthy .................................. Deputy Director and General Counsel Rebecca Adams ................................................................Senior Staff Attorney Bonnie Carney ...........................................Sr. Staff Associate for Publications Nicholas Caruso ........................................... Sr. Staff Assoc. for Field Service and Coord. of Technology Sheila McKay .............................Sr. Staff Associate for Government Relations Vincent Mustaro .................................... Sr. Staff Associate for Policy Service Lisa Steimer ............................. Sr. Staff Assoc. for Professional Development Teresa Costa ..................................Coordinator of Finance and Administration Pamela Brooks ..........................Sr. Admin. Assoc. for Policy Ser. /Search Ser. Terry DeMars ............................................... Admin. Assoc. for Policy Service Gail Heath ....................................... Admin. Assoc. for Government Relations Wilmarie Newton .......................................Admin. Assoc. for Labor Relations Nancy Propfe ....................................... Admin. Asst. for Membership Services Corliss Ucci ................................. Receptionist/Asst. to the 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: bcarney@cabe.org.

Members can find the CABE Journal online at: https://www.cabe. org/page.cfm?p=1024

The Journal – Connecticut Association of Boards of Education/June 2016

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EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite GOLD MEMBERS

Berchem, Moses & Devlin Centris Group Guidance Counselors for Senior Teachers Pullman & Comley Shipman & Goodwin SILVER MEMBERS Anthem Blue Cross and Blue Shield Arthur J. Gallagher & Company Corporate Cost Control Milone & MacBroom, Inc. Perkins & Eastman The Segal Company Sprint Svigals & Partners BRONZE PLUS MEMBERS BL Companies Coordinated Transportation Solutions Friar Associates JCJ Architecture Milliman, Inc. O & G Industries The S/L/A/M Collaborative BRONZE MEMBERS Brown & Brown Insurance Chinni & Meuser LLC Dattco Inc. ECG Engineering, PC Goldstein & Peck, P.C. Kainen, Escalera & McHale, P.C. The Lexington Group Muschell & Simoncelli Solutions Employee Assistance Program Suisman Shapiro Attorneys at Law

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 Cooperative Educational Services EASTCONN EDUCATION CONNECTION LEARN Unified School District #1

Board and Superintendent

Governance and Assessment:

Always Keep Learning!

As CAPSS Executive Director Joe Cirasuolo, Patrice McCarthy and I developed the updated CABE/CAPSS Governance Statement and Team Assessment documents, I became aware that though we can put words to paper, the hard work is that which is done in the districts: implementing the recommendations of the documents.

We were helped by both LEAD Connecticut and the members of the committee we established to provide “real world” comments and suggestions. As usual with CABE and CAPSS, our ability to work together on issues of common concern is, we hope, viewed as a model for how Leadership Teams should work in their districts.

We believe most Boards and Superintendents have developed a positive way of working together that, while not perfect, is based on a good understanding of respective roles and responsibilities. This leads to orderly decision making, with the Board putting aside personal agendas and political concerns, in the interests of doing the best they can for their students.

However, we also have heard lately about districts, some with wide media coverage, that are obviously having trouble implementing any type of cooperative and collaborative working relationship.

These situations are sometimes Board member(s) or Superintendent having trouble trusting each other. Many other times the difficulty is between board members, based on unrealistic expectations, political concerns or not-so-hidden agendas.

Here is my guide to building positive relationships between Board members and superintendent and among Board members: • When a new person becomes Superintendent, as well as when new individuals get on the Board, there should be a retreat in which expectations for all members of the Team are discussed and agreed upon. We believe that the new documents are the foundation for understanding roles and responsibilities, as well as accountability (through the Board Self-Assessment and the Evaluation of the Superintendent).

• Goals for the Board and the Superintendent also should be developed and adopted. The Board goals should help focus the Board on its needs (e.g., understanding of data, providing better communication to the public) in order to do a more effective job in increasing student achievement. The Superintendent’s goals should, obviously, focus on issues that are more granular and applicable to his/her role.

• The Board and Superintendent should adhere to the timelines estab-

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lished for discussion of their work.

For example, the Team Assessment document calls for an informal discussion, in Executive Session, in December/January to “assess the Superintendent’s mid-year performance and provide him/her with an opportunity to properly respond to any Board of Education concerns and avoid unnecessary performance evaluation surprises at year’s end.”

At the same time, the Board should assess its progress toward the goals it set.

The bullet above should not, in any way, preclude communications amongst the Leadership Team during the year. It is critical that the Superintendent and Board communicate often. No one in the relationship wants to be blindsided and trust comes from all having the same information. Be careful of FOI rules as you communicate.

One way to build trust in Leadership Team members is to sit down with new Board members in an informal setting to learn a little about them so as to understand why they got on the Board and what they hope to accomplish. Only by knowing what drove an individual to run for the position can one begin to understand how best to work with that person and how that person will fit into the Leadership Team.

Encourage Board members and the Superintendent to discuss issues face-to-face, where appropriate.

Civility should be the norm at Board meetings. The Leadership Team is being watched, often on television and all members should remember that they are members of the Team and act accordingly. In the heat of a meeting, someone may say something that seems to insult or otherwise demean another’s opinion.

Rather than let this fester, I suggest that the Board member feeling insulted or the Board Chair, talk to the person who caused the hurt. A quick conversation and possibly an apology can clear this up before it becomes acceptable or becomes a reason for ‘retaliation’.

The role of the Board Chair is often crucial to ensuring that the Leadership Team functions smoothly and effectively. I know of Boards where the chairmanship is rotated or just handed over to someone who has “served their time” (sounds like a prison sentence, huh?). But, because of the importance of the Chair in leading the Team, including communicating with all Board members and the Superintendent, the position

Robert Rader

requires someone with good facilitation and emotional intelligence skills. If helpful, get a copy of CABE’s Who’s in Charge: A Guide for Board of Education Chairs to learn some of the best practices of others who have been in that position and other recommendations for being effective.

• Encourage all members of the Team to keep learning! Being on the Team does not mean that you are done honing your skills and building your knowledge. For Board Members and Superintendents to make the most of this wonderful opportunity to leave a great legacy, you need to understand what’s happening at the State and National levels, as well as in the education community. With demographic, ethnic and other changes going on in our schools, we cannot afford for our Board members to be anything but knowledgeable and looking for best practices.

• Keep a sense of humor. Nothing cuts tension like a good quip at the right time. Appropriate humor is a great tool, don’t be afraid to use it… at the right time.

Board Chairs and Superintendents should soon receive, if they haven’t already, the two documents. Please examine them and work with your Team to make your Leadership Team the best it can be. In addition, the documents will be available as policies and administrative regulations through the CABE Policy Service.

“The most powerful leadership tool you have is your own personal example.”

–John Wooden

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The Journal – Connecticut Association of Boards of Education/June 2016

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The Journal – Connecticut Association of Boards of Education/June 2016 See You in Court – The Nutmeg Board of Education

Did the Nutmeg Board violate FOIA and constitutional rights?

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.

Given the chronic underfunding of education in Nutmeg by the Board of Finance and its irascible Chairperson, Seymour Dollars, the Nutmeg Board of Education has had to be careful in its spending on discretionary issues, including curriculum revision.

As a result, the curriculum in Nutmeg is now so outdated that parents are asking questions like “why do our textbooks still refer to the Soviet Union?” and “why is there no mention in the curriculum of the Internet?” Embarrassed by these questions, the Board’s Curriculum Committee was impelled to action. Curriculum Committee Chair Bob Bombast has been doing a lot of research, and he shared his findings with the other Committee members by email.

Through a few exchanges, Bob and his colleagues on the committee decided that the Committee didn’t even need to meet to recommend to the Board that it jump with both feet to the Common Core State Standards.

At the Board meeting last month, on behalf of the Committee Bob announced a “new day” for learning in Nutmeg. With little discussion and upon Bob’s recommendation, the Board quickly approved the new curriculum based on the Common Core State Standards that Bob had found online.

Matt Matticks is a math teacher at Median Middle School in Nutmeg, and from what he has read in the National Enquirer, he is totally opposed to the Common Core State Standards. Matt objects to the Common Core State Standards because, from what he knows, they “dumb down” the curriculum and take away parental control.

Parental control is particularly important to Matt, because he has three children enrolled in the Nutmeg Public Schools, in grades 4, 7 and 9 respectively.

At the next Board meeting, Matt was first to speak during Public Comment, and his critique of the Common Core State Standards was obnoxious, rude and occasionally vulgar.

Ms. Chairperson interrupted Matt halfway through his comments, asking whether he was speaking as a teacher or a parent. Matt ignored the interruption, and continued on with his attack. He ended his diatribe against the Common Core State Standards by threatening to hold any Board member who votes in favor of the new curriculum personally liable for this “egregious interference” with his rights as a parent.

The Board members were shocked by Matt’s invective. At the end of the meet-

ing, the Board adjourned into executive session to discuss “personnel matters,” as it does at the end of virtually every meeting.

Once in the executive session, Bob Bombast wondered aloud whether Matt was unhinged. The other Board members expressed similar concerns, and they told Mr. Superintendent to see what is up with Matt.

Dutifully, Mr. Superintendent followed up by directing the IT Director to read through Matt’s school email to see whether Matt was up to anything wrong.

As it turns out, Matt had sent a number of harassing emails to female staff members.

When Mr. Superintendent learned of Matt’s inappropriate emails, he promptly called Matt to his office and confronted him with the evidence. Matt admitted that he wrote the emails, and Mr. Superintendent suspended him with pay pending a discussion with the Board.

In the executive session last evening, Mr. Superintendent reported back to the Board and asked whether Matt should be fired. Should he be?

Maybe. But through its actions, the Nutmeg Board of Education has made a mess of the situation. First and foremost, Mr. Superintendent should not have discussed Matt’s potential termination with the Board. In addition, this situation raises a number of FOIA issues and even constitutional concerns.

By statute, the superintendent is the chief executive officer of the Board of Education, and as such he or she is responsible for supervising and, where necessary, disciplining teachers and other employees.

The board of education is not responsible for such matters, and indeed may have to act in a quasi-judicial role if it is asked to consider the superintendent’s recommendation for termination. Matt has a right to due process as regards any taking of his employment, and the Board here was prematurely and inappropriately involved in discussions with the Superintendent over Matt’s possible termination. In any subsequent proceedings, Matt would be able to claim that the Board was already biased against him and, as such, incapable of appropriately fulfilling its statutory duty as judge to consider his situation impartially.

The Board’s actions also raise a number of FOIA issues, starting with Bob’s leading the Curriculum Committee through a decision-making process without calling a meeting that the public could attend. A “meeting” occurs when a quorum of a public agency convene, by electronic means or otherwise, to discuss or act upon a matter within its jurisdiction. As a public agency subject to the FOIA, the Curriculum Committee should have posted a public meeting and held its discussion at that meeting.

The FOIA violations as to Matt were even more serious. First, the Board’s practice of convening into executive session by announcing that it would be discussing “personnel matters” is not

allowed. The Freedom of Information Commission has held repeatedly that the requirement that a public agency state the reason for the executive session requires more information than a simple reference to “personnel matters.”

Matt’s personal rights were violated as well. As the subject of the executive session discussion, Matt had a right to require that the discussion as to him be held in open session. For employees or officials being discussed in executive session to be able to exercise that right, however, they must be notified in advance of the discussion.

This situation even implicates Matt’s constitutional rights. Ms. Chairperson asked Matt if he was speaking as a teacher or a parent, and indeed that distinction matters. When public employees speak pursuant to their public duties, they do not have free speech protections under the federal constitution (though they retain some protections under the state Constitution).

However, here Matt was not speaking pursuant to duty and as such he has the right to speak out as long as his speech is not disruptive. If he is disciplined here, he may raise a First Amendment retaliation claim.

Finally, school officials must be careful about searching email accounts. Presum-

“. . . Matt was not speaking pursuant to duty and as such he has the right to speak out as long as his speech is not disruptive.” ably, Matt had to sign an acceptable use policy that reserves to school officials the right to review all emails on the server.

However, privacy interests may have evolved by custom, and the courts have been reluctant to give employers carte blanche with such searches. The standard Fourth Amendment tests should be applied to such searches – is there reasonable cause for the search at its inception, and is the scope of the search reasonably related to the object of the search? Here, it is difficult to see any connection between Matt’s rude speech in public session and the search of his email.

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.

The Eighth Edition is here!!

A Practical Guide to Connecticut School Law

by Thomas B. Mooney, Esq. Shipman & Goodwin

The Guide comes with a CD which provides hyperlinks to many cases and statutes and will permit ord searches as a supplement to the Index.

The Eighth Edition was substantially rewritten to reflect statutory changes, significant case law developments in state and federal courts. Some of the numerous legal developments and update are as follows: • School Safety and Security • Bullying Law • Teacher Evaluation and Support • Teacher Tenure Act • New Requirements for Professional Development • Budget Issues • Prohibitions on Electronic Notifications of Referenda • Minimum Budget Requirements • FMLA for Paraprofessionals • Child Abuse and Neglect Reporting Requirements • Uniform Regional School Calendars • Excusal • Student Assessments • Pool Safety • Concussion Prevention and Education • Sudden Cardiac Arrest Prevention and Education • Administration and Storage of Epinephrine • Excused Absences • Student Free Speech • Employee Free Speech

Order your copy TODAY by going to the CABE website: www.cabe.org/page.cfm?p=1241

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The Journal – Connecticut Association of Boards of Education/June 2016 November 18-19, 2016

TOP TEN reasons to join us at the

2016 CABE/CAPSS Convention

10 Renew old friendships and develop new ones

Board members are never at a loss for conversation because they have the universal bond of children’s education to discuss.

9 Reenergize yourself

Each of us needs to be nudged out of the rut occasionally to help us regain the fervor we possessed as a newly elected board member ready to revolutionize education.

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Become familiar with the uniqueness of other districts

The annual Convention provides you with the opportunity to learn more about each other by sharing concerns and successes with other districts.

7 Find common interests and concerns

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If you thought your district was the only one dealing with a particular issue – think again!

Connect with other board members

The annual Convention is the perfect place to meet individuals who share your passion for education. Talk one-onone with people who are as energetic, committed and caring as you are.

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Develop your boardsmanship skills

If you believe in education for children should you expect any less for yourself?

To divide and conquer

Examine the agenda, select topics of interest and send each board member to a different workshop session.

3 Become a part of the solution

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Exercise leadership

Every one of you is a “mover and shaker” in your home community. You come from every possible political agenda and yet you put that aside to pull together for children.

Attend the annual Convention because you want to make things happen for Connecticut’s children.

When board members speak from the heart and everyone gives a little to go forward, we are a strong, unified voice for education.

Attend the Convention to better understand the issues so we can move quickly towards developing solutions together.

1 Advocate for Connecticut’s children

Board member education and advocacy go hand-in-hand if the children are to benefit.

You can be part of advocating for all of Connecticut’s children.

The state of School Governance Councils in Connecticut Early in May the Connecticut Department of Education released its 2014-2015 report on the status of local school governance councils in Connecticut. The research, conducted by Cross Sector Consulting, indicates that the vast majority of School Governance Councils are organized, active, and the members are working together successfully to improve student achievement in their schools.

The report was generated based upon data collected in response to surveys sent to the 316 schools which are required to maintain councils. Of the 316 schools surveyed 257 (81%) responded. The questions requested self-reported assessments of active participation, effectiveness, technical assistance and support, and accomplishments and challenges.

While these schools are required to have councils, this mandate is not punitive but instead provides an opportunity for community, parents, and school staff to bring different perspectives and skills to a collaborative effort to support students in performing at their best.

School Governance Councils were created by legislation passed in 2010 to bring parents, school staff, students (on high school governance councils), and community leaders together as a team to improve student achievement in the state’s lowest performing schools.

These Councils serve in an advisory capacity and are charged with: • analyzing school achievement data and assessing school needs based upon the school improvement plan; • reviewing priorities of the school’s draft budget and providing input before the budget is submitted to the Superintendent;

• assisting the school administration in selecting administrators, by conducting candidate interviews and reporting on interviews to the Board of Education and the Superintendent; • making programmatic and operational changes to improve achievement of all students in the school.

Councils are required by statute to consist of seven parent/guardians, five teachers, two community members, and the school principal (a non-voting member). High school councils also include two non-voting student members.

A majority of groups report that working together as a council has improved parent-school relationships, parental involvement, and school climate, all key factors for successful schools.

Most participants (88%) say that they have created a team that respects diverse opinions and cultures, and that they are setting and attaining goals for improving student performance. 75% described filling all of the positions, especially parent and teacher spots, as the major challenge.

Councils also stated that they were running well and effective in their work, even without full membership. These results are good news for students, parents, teachers, and administrative staff in schools and school districts across Connecticut.

CABE is available to provide training to assist School Governance Councils in their work. We are pleased to offer assistance, upon request, so that they can take advantage of the opportunity for collaboration to improve the performance of their students.

Please contact Lisa Steimer, Senior Staff Associate for Professional Development, and further information.

Rebecca Adams Senior Staff Attorney, CABE

Greater Hartford Schools Dream Big Hundreds of students from schools in greater Hartford recently participated in a day-long program to encourage them to follow their dreams and avoid the things that can derail those dreams.

Bloomfield High School hosted the event, which was presented by President Obama’s My Brother’s Keeper initiative and Developing Responsible, Educated, Adaptive Minds (DREAM) Now. Students were welcomed by U.S. Senator Christopher Murphy, Bloomfield Board of Education Chairman Donald Harris, and Bloomfield Superintendent James Thompson. Donald Harris said “I

was so pleased to be a witness to the number of school districts that brought students to be a part of a wonderful program that has positive benefits for our youth”.

Speakers included Marvin Carr, the STEM Policy Advisor to the White House, who talked about developing his “BHAG” (Big Hairy Audacious Goal) of working at the White House.

The program also included workshops for students and teachers on leadership development. The high energy level of the students was evident throughout the day, and supported by a DJ playing rap music.

Patrice A. McCarthy Deputy Director/General Counsel, CABE

The Journal – Connecticut Association of Boards of Education/June 2016

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The Journal – Connecticut Association of Boards of Education/June 2016

Meet the Lighthouse Team

Available from the CABE Bookstore!

Excellent book for Board Members, Superintendents and Administrators

The Lighthouse Project is a research-based program developed by the Iowa School Boards Association in partnership with a multi-state coalition.

Lighthouse training provides Boards of Education and their Superintendent with the opportunity for introspective conversations and a renewed focus on improving student achievement.

Six highly qualified individuals with many years of experience in and out of the education field to help your school district reach their goal for student achievement.

Rebecca Adams has over 20 years of combined experience in private law practice, as research and labor relations manager at the Connecticut Conference of Municipalities, as government relations and operations manager for the Connecticut Coalition for Justice in Education Funding, as legal counsel for the Connecticut State Board of Accountancy, and as a government relations professional. She also has experience as an elected and appointed official in local government.

Nicholas D. Caruso, Jr. has 33 years of experience in the education field as a former school board member, worked at the Connecticut Conference of Municipalities (CCM), and as Senior Staff Associate for Field Services and Coordinator of Technology for CABE. Nick has worked with 149 of the 169 boards of education in Connecticut doing over 1000 workshops covering a variety of topics including basic roles and responsibilities, board evaluation, goal setting and effective meetings.

Madelyn Colon is a public policy and community development consultant. She has led major public sector programs, including serving as the Executive Director of the Hartford Redevelopment Agency, City of Hartford, and Assistant State Treasurer, Unclaimed Property Division, Office of the State Treasurer. Most recently, her work has focused on program development and strategic planning with non-profits interested in increasing their collaboration opportunities

Understanding the Connecticut Freedom of Information Act and Access to Public Meetings and Records | Fourth Edition Written by:

Mark J. Sommaruga, Esq. Pullman & Comley, LLC to order the FOIA book go to the CABE Online Bookstore at: www.cabe.org/page.cfm?p=1256

is recruiting for

Robert King is a former Stamford Board of Education chair and longtime board member. During his tenure on the Stamford Board, he served on committees dealing with issues such as curriculum, community engagement, fiscal issues and facilities.

Bob currently consults with CABE as a member of the Lighthouse Team. He is also a member of the team which provides training and support to districts who are implementing School Government Councils.

Warren Logee has 42 years of experience in education as a teacher, school principal. Warren’s schools regularly demonstrated high academic achievement with the Education Trust recognizing Kennedy School, in a 1998 study, as a school with high minority population and high academic achievement.

Warren has worked as a consultant for CREC, the University of Connecticut, and, for the past five years, was a Leader in Residence at the Connecticut State Department of Education in the Bureau for Accountability and School Improvement.

Robert Pitocco has 47 years of experience in education serving as a teacher, high school assistant principal, central office administrator and high school principal in the Connecticut public school system for thirty-seven years. Upon retirement he was employed by the Connecticut State Department of Education serving for six years as a Leader-in-Residence providing technical assistance to Connecticut’s major urban education systems in the areas of school and district improvement.

CABE Search Services

Superintendent of Schools Ledyard Public Schools Consultant: Mary Broderick, Ed.D.

For an update or more information on vacancies go to our webiste: www.cabe.org/page.cfm?p=1176

For more information contact, CABE Search Services, 860-539-7594 Mary Broderick, Senior Search Consultant Paul Gagliarducci, Associate Consultant Bob King, Associate Consultant P.O. Box 290252, Wethersfield, CT 06129-0252 Hartford, CT • Equal Opportunity Employer

The Journal – Connecticut Association of Boards of Education/June 2016

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The Journal – Connecticut Association of Boards of Education/June 2016

CCJEF v. Rell (continued from page 1) CABE and CAPSS are charter member of CCJEF. Patrice McCarthy, CABE Deputy Director and General Counsel, Richard Murray (Killingly), and CABE Immediate Past President, and Joseph Cirasuolo, CAPSS Executive Director, serve on the CCJEF Steering Committee.

The plaintiff, CCJEF, has concluded its arguments making a strong case that the State’s chronic underfunding of education violates the constitutional right of public school students to an adequate and equitable education. The State’s defense began on March 30 and is now drawing to a close.

The defendant, the State of Connecticut, says there is already enough money to go around and that the reason that schools are underperforming is due to a lack of administrative leadership and ineffective teachers coupled with the failure of districts to prioritize and allocate resources wisely. State experts contend that in all cases “leadership without money works very well.”

From January 12, 2016 through the first week of March, the plaintiffs called close to 30 witnesses, experts in the areas of school funding and formula design, the Connecticut formula, English language learners, special education, teacher quality, early childhood education, and fact or “lay” witnesses.

Fact witnesses representing school districts throughout the state, including Fran Rabinowitz, Bridgeport Interim Superintendent of Schools, Sal Pascarella, Danbury Superintendent, East Hartford Superintendent Nathan Quesnel and ELL, teachers, principals and assistant principals, and facilities staff from New London, Windham, Bethel, East Hartford

and Bridgeport, and many more.

CCJEF fact witnesses, with decades of teaching and administrative experience in Connecticut schools, provided real world examples of the impact of underfunding: overcrowded classrooms, reduction in social support services, including guidance counselors, decades-old textbooks, decaying facilities, and a lack of basic supplies.

The lack of funding for English language learners, preschool children, and special education students, and students in poverty, leave those children behind and put them at a distinct disadvantage for beginning a career or going on to college and the chance to participate actively in society.

The plaintiffs do not argue that wealthier districts should have fewer resources and reductions in state funding, but that a rational and effective funding formula would contain weights ensuring greater funding for students in poverty, English language learners, special education students, and would include funding for preschool in communities where children have little access to early childhood education.

The CCJEF plaintiff’s wrapped up testimony with expert witness Jennifer King Rice, a professor at the University of Maryland. Rice said there were “consistent patterns of lower levels of teacher qualifications on average in districts serving higher-poverty students.”

She indicated that efforts to improve teacher quality in hard-to-staff districts require more funding. Studies show that raising salaries and offering targeted professional development can help retain experienced and highly effective teachers but such initiatives are expensive and require funding for on-going support.

A lawyer for the state’s attorney general’s office argued, during cross-examina-

SDE Launches New Website and FaceBook, Twitter Accounts The State Department of Education (SDE) recently launched a new interactive data website that “will strengthen transparency and streamline online access to important school and district information.”

In addition, SDE started using Twitter and FaceBook to help get important news out to the public.

As one who used SDE’s Profiles of the Schools for many years before facilitating workshops for individual districts, I find SDE’s information very valuable. I urge board members and superintendents to make use of these new instruments as they make decisions about issues in the district.

It is often helpful to examine information about surrounding or similar districts to better understand what will work best in yours.

The new website contains information such as “key performance measures that make up the Next Generation Accountability System, as well as dozens of other topics, including school finance, special education, staffing levels and school

enrollment”, according to SDE. Commissioner Dianna R. Wentzel stated that “the launch of [SDE’s] new data portal is a critical step in our mission to ensure all Connecticut students have access to the kind of high – quality education that prepares them for success in college, career and civic life.”

In announcing the new Twitter and FaceBook accounts, SDE stated that they were created “to share information, news, and events about public education in Connecticut.”

We encourage board members and superintendents to make use of these new sources of information. In an age of instantaneous communications, we are glad to see that, as SDE said in its press release, the “Department has joined the world of social media.”

The new SDE website can be accessed at http://edsight.ct.gov/. The FaceBook account can be found at https://www. facebook.com/ctdepartmentofeducation/ and the Twitter address is @EducateCT. Robert Rader

Executive Director, CABE

tion of Professor Rice, that the Legislature and the Governor have acted aggressively to help the districts in need by implementing many measures to support the lowest performing schools, including access to charter schools and an increase in teacher accountability, making additional funding and weighting for student need entirely unnecessary.

However notably absent from the State’s arguments is that in cities where accountability and choice have improved student achievement. For example, New York City and New Orleans significantly increased spending in order to implement and provide ongoing support for highneeds districts.

The state began its case on March 30 with the testimony of Commissioner of Education Dianna Wentzel. The Commissioner’s testimony spanned days and focused on her experience and qualifications as an educator in Connecticut.

The defense also called John Frasinel-

What will the Connecticut Online Policy Service (C.O.P.S.) provide YOUR district?

• A policy manual updated within days of a board meeting.

• Access to your policy manual 24/7 anywhere with Internet capability.

• Timesaving links to legal and cross references.

• A search engine specifically designed for board policy manuals.

• The ability to search other online districts for similar policies or language.

• A happier staff that will have less paper to deal with.

If you would like additional information on CABE’s Connecticut Online Policy Service (C.O.P.S.), call Vincent Mustaro at 860-5717446 or email vmustaro@cabe. org for full details.

Let the CABE staff make your policy life easier.

li, State Department of Education Bureau Chief of Health/Nutrition, Family Services, and Adult Education; Myra-Jones Taylor, Commissioner of the Office of Early Childhood, Robert Villanova of Lead CT, Deborah Adams of Office of Early Childhood, and Ajit Gopalakrishnan, State Department of Education Chief Performance Officer.

The CCJEF v. Rell trial is scheduled to close at the end of May, 2016.

CABE-Meeting CABE-Meeting is a user-friendly online service offered by CABE specifically for school boards.

Users can eliminate unnecessary paperwork, increase efficiency and reduce costs while enabling board members to utilize the latest in cutting edge technology. Using CABE-Meeting, the Meeting Manager can create an electronic meeting from developing the agenda to creating the minutes and everything in between.

CABE-Meeting Offers: • Secure login access for board and district staff • Access from any location with Internet access • Search archived agenda and meeting related items in a flash.

• Ability to download and print attachments • Option to provide a public link to board meeting information Your Subscription Provides: • Access to CABE-Meeting • Initial and ongoing training • Support and maintenance • Upgrades to the service CABE Member Subscription Info: Initial Subscription Fee – $3,000 Annual Maintenance Fee – $1,500 If you have an interest in this service, contact Lisa Steimer at 860-571-7446 or

The Journal – Connecticut Association of Boards of Education/June 2016

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You Don’t Have to Like Each Other to Work Together Professionally Nicholas D. Caruso Senior Staff Associate for Field Services, CABE

I recently came across an interesting article from Business Insider Magazine. It is about the wildly successful Discovery Channel program called Mythbusters.

Mythbusters identifies popular myths or urban legends and then tests them scientifically to see whether or not it is “proven” (the myth is absolutely true), “plausible” (the myth might be possible) or “busted”, where it is proven that it couldn’t actually happen.

The two co-hosts, Adam Savage and Jamie Hyneman, worked successfully through 13 seasons on a show where they had to work closely together as a team; identifying the myths they wanted to test, develop a process to scientifically test the myth and then planning out episodes of their show – not to mention the on-air conversations they had for each show.

One could only be impressed by the way they worked together to produce a very interesting and entertaining program.

It was a bit surprising to find out that, in fact, Savage and Hyneman actually don’t like each other very much. In fact, they are quite open about not being friends.

The article then proceeded to share how the two co-stars managed to work together so well for so many years in spite of leading totally separate lives. Of course, as I read the article, I immediately thought of my work with boards of education and how this might help some of them work better together when there were issue of people not “getting along”.

In the Business Insider article, Adam Savage pointed out four things that kept the team alive for so long.

1. They Push Each Other In the interview with Business Insider, Savage said this about his creative process with Hyneman: “We challenge each other, we push each other to do better, we pick each other’s ideas apart, and there’s a real integrity to that process, as annoying as it might be on the temporal level.”

2. They Leave Their Egos at Home

Savage said neither he nor Hyneman waste time being too stubborn or proud: “There’s nothing I find more boring than arguing with someone because they want to use their idea instead

of the right idea. And half the time, we couldn’t figure out which one of us came up with the final way to do something.”

3. They Stick Together in The Public Eye

Both Savage and Hyneman found their sudden rise to fame to be a little unsettling. Savage admitted: “Becoming famous is just plain weird. There’s no other way to put it. It’s a very peculiar glimpse into the world, and it’s afforded wonderful results in my life, but it’s also very strange, and having someone to go through that with is stabilizing.”

4. They’re Always Working Toward the Same Goal

Savage said: “Ultimately, the takeaway is we don’t have to get along as long as we have our minds and our eyes on the same goal, which is to tell an elegant story about genuinely coming to an answer about a question we’re absolutely, honestly curious about.”

Most of the boards I’ve been lucky to work with are fairly high-functioning

teams, with board members showing each other respect and, in many cases you can tell that they really like each other. However, being that people gravitate towards board leadership for a variety of reasons, there are times when people of good will don’t agree with each other, and occasionally, don’t like each other. There are times when this dislike spills over to a point where it interferes with the board’s ability to govern the district effectively.

So, what can we learn for our stalwart TV hosts? How can board learn from them to be more effective, even when board members don’t get along?

Shared vision: The most effective boards, regardless of how they feel about each other, start their success with a set of clearly articulated, mutually understood goals. The hard part comes afterwards, however – by keeping the goals in front of you as you make every decision.

Put on a good public face: Board members who act poorly towards each other really do hurt the schools by undermining the credibility of the entire leadership team. If you don’t agree with something, do so respectfully. The board’s standing in the community will be enhanced; and that means better support for your schools.

See Professionally page 12

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The Journal – Connecticut Association of Boards of Education/June 2016

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:

•

➤ By ensuring members

receive the most up-todate communications:

•

Met with presenters for Collective Bargaining workshop and finalized presentations to provide attendees with the most up-to-date information on the State Health Care Plan and trends in Collective Bargaining.

As part of the development of new policy manuals utilizing the Custom Policy Service, materials were prepared for Griswold, Marlborough, New Fairfield, Newington, Putnam and Ridgefield Boards of Education.

•

➤ By helping school boards •

to increase student achievement

Sent out two issues of Policy Highlights via email listserv covering topics that affect student achievement.

This included implementation of the sexual abuse and awareness program, issues pertaining to graduation, and new guidelines for providing services

to homeless students.

Participated in Lighthouse training with the Shelton, Suffield (twice) and Winchester (twice) Boards of Education.

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 sexual abuse prevention, transgender youth, superintendent evaluation, class size, tuition students, advertising, and student conduct issues.

➤ By promoting public education • •

Represented CABE at CASBO’s Vendor Day. Participated in UConn graduate school class.

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

•

•

•

Held, planned, implemented successful Collective Impact and Legislative Wrap Up workshops.

Facilitated a meeting with the Stafford Board of Education on Goal Setting/Roles and Responsibilities.

Developed budget 101 presentation for Winchester Board Lighthouse presentation.

Provided policy information to 35 districts, two out-of-state school boards’ associations and the Associated Press for sample policies, on 43

cut school boards on the state or national level: •

• •

➤ By providing services

to meet members needs:

•

Facilitated a Board Evaluation with the Region #5 Board of Education.

Responded to 34 inquiries from Board of Education members and superintendents. The “Hot” Legal topics this month were: board of education subcommittee membership and voting, limiting public participation/comment at a board of education meetings and free speech, exceptions to disclosing documents under FOIA - student records protection under FERPA, board jurisdiction over PTA/ PTO activities, advertising on athletic fields, and abstention from voting on board minutes.

Working on an audit of the policy manual of the Orange Public Schools.

Entered into an agreement to do an audit of the Wilton Public Schools policy manual.

As part of the Customized Policy Update Service materials were sent to Fairfield, Milford, New London, Southington and Wethersfield Boards of Education.

Entered into an agreement to place the policy manual of the East Hampton Public Schools online utilizing the Connecticut Online Policy Service.

•

• • •

•

PROFESSIONALLY

(continued from page 11) The “board” is more important than your ego: This can be tough to overcome, especially if any of your colleagues don’t want to play fair. However, you are leaders of the most important enterprise CAS Executive Director Karissa Niehoff, Eileen Baker (Old Saybrook) Associate Director, CABE in your community. That work must take Board of Directors, and Commissioner Dianna Wentzell at the CAS/CIAC banquet. precedence. Take the high road and don’t feed into negative feelings.

Push each other to do better: You can achieve far more good by working together than struggling apart. Set high expec CABE notes the passing of long-time New Britain Board of Education member, tations for the district through ambitious James Sanders. Jim spent 32 years on the New Britain Board of Education fighting for goals, and then work hard to support their the best for the students of his beloved home town. He was a football coach and mensuccess. Make this the work of the board, tor for hundreds of young men during his 20+ years of involvement with New Britain Midget Football League. Jim was also a fixture at the annual CABE/CAPSS Convention, and encourage each other how important it attending most of the 32 Conventions held during the time he served. As he retired from is to achieve those goals.

Have solid procedures for decisionthe Board last November, he was awarded a lifetime achievement award for his service to the New Britain Board of Education, which is the longest serving tenure in the history making: Many times boards with contentious members actually aggravate the of New Britain.

Condolences

➤ By representing Connecti-

• •

• • •

•

• • • • • • • •

Hosted meeting of the What WillOurChildrenLose Coalition (CABE, CAPSS, CAS, CASBO).

Participated in Professional Educators Advisory Council (PEAC) meeting.

Participated in meeting with Education Commissioner Dianna Wentzell and other State Department of Education officials and Executive Director Alice Forrester (Clifford Beers Clinic).

Attended NAACP Education Summit.

Hosted and participated in meeting of Big 6 Partnership (CABE, CAPSS, CAS, CBIA, CCER and ConnCAN).

Attended meeting of Connecticut Coalition for Public Education meeting.

Attended SERC’s Conference on Dismantling Systemic Racism.

Attended African-American Affairs Commission’s Seventeenth Annual Classic Awards Ceremony and Reception.

Participated in CT JumpStart (financial literacy) Board of Directors meeting.

Provided Legislative Update at CREC Council meeting.

Participated in Mastery Exam Task Force meeting.

Participated in Professional Learning Advisory Committee meeting.

Attended State Board of Education meeting.

Attended Youth Leadership Program at Bloomfield High School.

Attended Connecticut Association of Schools membership reception.

Attended Special Education Funding work group meeting.

Attended CAPSS Board of Directors meeting.

situation by not having strong procedures and policies (bylaws) in place. Improving communications, streamlining meeting structures and setting clear expectations on how the board will work together can help keep disagreements in check.

Lastly, have a board self-evaluation or retreat. Sitting down in a less formal process and talking about what is important to you can be very helpful. CABE can assist you in those session with a self-evaluation tool and facilitators to help you focus on working together.

If you ever watched their program, you would never know that the two Mythbuster hosts, Jamie and Adam, didn’t get along. If your board is having trouble getting along, you might want to think about how these suggestions might help you work better together.

The Journal – Connecticut Association of Boards of Education/June 2016 Highlights from

Legislative Wrap-Up of the 2016 General Assembly Patrice McCarthy and Sheila McKay updated participants on the new legislation that passed the General Assembly.

Participants from across the state attended the Legislative Wrap-Up workshop to learn how recently passed legislation will affect their district.

McCarthy and McKay discussed legislation such as education funding, educator evaluation and support, the M.O.R.E. Commission, mandates and task forces.

Rebecca Adams updated participants on the CCJEF v. Rell court case (see page 1) and shared other trending legal issues.

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The Journal – Connecticut Association of Boards of Education/June 2016

The Policy Corner Vincent A. Mustaro, Senior Staff Associate for Policy Service, CABE

Policy Direction Needed for Unmanned Aerial Systems - AKA “Drones” Do drones belong in the airspace above school grounds? Community members may want to practice flying drones over school grounds. Others may want to use a drone to videotape school events such as athletic contests. Teachers may have ideas about the use of drones to supplement classroom instruction or as a club activity to spur interest in science.

Therefore, boards of education must determine whether the use of drones on school property is to be allowed and even if they should be a part of some school activities.

Policy direction is necessary as newer uses of technology become available and commonplace. Drone use is not a fad.

Drone sales have risen 167% in the last two years to become a 1.7-billion-dollar industry.

The public sector is actively engaged in conversation about use and regulation of, and associated risks related to, drones, more broadly referred to as “Unmanned Aerial Systems or UAS.” The key characteristic of a drone is that the aircraft portion of the system is unmanned, although all drones are piloted either by a person or computer.

The term “drone” as used in this article refers to all types of unmanned aircraft likely to be operated by local government entities or schools or for commercial ventures. In addition to the drone aircraft itself, drone systems often include associated system components and support equipment.

The greater use of drones in the private sector also suggests for local governments, including school districts, to consider implementing some degree of drone regulation. Drones have advantages both in public and private applications.

The potential applications of drones by schools include classroom and instruction (e.g., photography, geography, physical sciences); facilities and maintenance (e.g., inspection of the condition of remote fencing, large/high structures, and out-ofreach mechanical equipment); sports and athletics; and campus security.

Drone use has become increasingly prevalent in athletic programs with a trend for the use of drones to film practices and games from overhead vantage points to supplement traditional video shot at a distance. These devices are small units of less than three pounds, on which is mounted a camera.

Some paramount issues to consider include safety concerns, and significant privacy and security concerns because schools are bound by privacy laws.

High school sports programs considering the use of small drones must determine whether their use is legal, permissible under Federal Aviation Administration (FAA) rules, under applicable state

privacy laws and under legal mandates related to tort liability in case someone on the ground is injured by a malfunctioning drone. In addition, the issue of whether schools have the authority to regulate drone use or air space above school property is currently not legally defined.

The FAA is responsible for establishing safety standards in the national airspace.

The FAA established regulations, released in fall 2015, that incorporate drones into the national airspace.

Drones and Connecticut Law

State legislatures across the country are attempting to regulate drone use while considering the benefits of their use, privacy concerns and their potential economic impact. Twenty states have enacted twenty-six pieces of legislation laws addressing UAS issues.

The term “drone” is not mentioned presently in Connecticut state statutes.

Drones fall under the state’s broad definition of aircraft, and its regulations.

However, it is possible that much of the current state law pertaining to aircraft is preempted by federal law.

Federal Regulation The FAA is responsible for establishing safety standards in the national airspace.

Past FAA provisions regulated all drone use over 400 feet. Drones could be flown for recreational purposes below 400 feet and within the operator’s line of sight. All other uses, including all commercial and governmental uses, require explicit FAA permission.

Recently, the FAA claimed complete jurisdiction over all flights, regardless of flying height. The FAA now requires nearly all owners of remote-controlled recreational drones to register them in a national database.

The FAA oversees operation of drones, including ownership and operation by local governments and schools, as “public aircraft operation.” Public aircraft operation requires a certificate of authorization (COA) from the FAA, managed through an online portal. The commercial use of drones is regulated by the FAA as “civil aircraft operation.”

The latest FAA regulations provide for the routine civil operation of small drones within certain limitations. Local government entities could bypass the process of getting a COA by conducting their drone operations under the requirements for routine civil operations.

Proposed regulations are expected to be finalized this year. If the regulations are adopted as proposed, drones, including public entity drones, will be able to

operate without a special exemption or COA if they meet specific requirements.

The FAA’s “Notice of Proposed Regulations” requires drones to be operated within the line of sight of the operator or a visual observer. Many commercial applications would require drones to be operated more remotely, raising new risks.

The FAA has expressed serious concerns about the safety of operating drones near people or stadiums. The FAA urges school districts to access the FAA website to view its guidance spelled out under Model Aircraft (Hobby or Recreation only) regarding such use. The referenced guidance includes, but is not limited to, flying below 400 feet, maintaining visual line of flight, and not flying near people or stadiums.

As indicated, recent FAA regulation requires individual recreational or hobby users who meet U.S. citizenship requirements to register their drones utilizing the FAA’s web-based registration system.

Drones are required to be registered before their first flight. Only people over the age of thirteen (13) may register a drone.

Users are required to put their registration number on any drone they own.

Any flight outside the parameters, established for recreational or hobby use, including any non-hobby, non-recreational use, requires FAA authorization. For example, using an UAS to take photos for your personal use is recreational; using the same device to take photos or videos for compensation or sale to another individual would be considered a non-recreational operation.

In a FAA “Advisory Circular” dated September 2, 2015 (AC 91-57A), very specific guidance has been provided to persons operating unmanned aircraft for hobby or recreational purposes meeting the statutory definition of “model aircraft” contained in Section 336 of Public Law 112-95, the FAA Modernization and Reform Act of 2012.

The guidance also makes it clear that model unmanned aircraft operations that endanger the safety of the nation’s airspace, particularly careless or reckless operations and interference with manned aircraft, may be subject to FAA enforcement action.

School District Legal Concerns The criteria for a drone to be classified

as a “Model Aircraft” are provided by the FAA guidance. The major ambiguity in these rules is that FAA’s definition of “for hobby or recreational use” is highly vague and gives insufficient guidance as to whether the operation of a drone for filming school sports activities is considered to

be a commercial use or a recreational use of the technology. A ruling (FAA v Pirker) on March 6, 2014 by the National Transportation Safety Board (NTSB), might be interpreted to support the position that the use of drones by school sports programs is “recreational use.”

Schools must also be concerned about the privacy implications of aerial image-capturing. Statues may exist which prevent surreptitious photography of persons on their private property, inside buildings or inside homes.

Schools need to exercise a high degree of care in the operation of drones to avoid common law tort liability for injuries to players, coaches, spectators or other third parties that might result from a drone crashing into a crowd.

If use of drones is permitted operators should be provided by schools, with the “flight training” offered by UAS sellers. In addition, the operators should be required to practice extensively to ensure proficiency in using the technology and should avoid flying the drones directly over or close to crowds at games.

School District Uses of Drones Drones increasingly are becoming a part of the educational environment. They are being used in some districts as part of the athletic program. used instructionally in science classes, robotic programs, marching band programs, and for maintenance programs.

Congress, prior to the new registration requirement, generally exempted drones from FAA regulations as long as the operation of such aircraft in not connected to a “commercial” or business concern. Commercial use requires that the operator must hold an actual pilot’s license and is FAA regulated. The use of drones by schools likely does not constitute commercial activity.

Therefore, it is only necessary to follow the safety guidelines mentioned previously pertaining to “Model Aircraft” operation and to meet the registration requirement. There are possible legal ramifications to consider related to drone use in the school context. Therefore, it is a necessary first step to develop and implement policies and regulations pertaining to their use. Insurance coverage must also be considered.

Policy Implications

It is crucial to minimize the risks that could arise from the use of drones in the school setting. The first step is the development, adoption and implementation of policies, regulations and protocols with (see DRONES page 15)

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The Journal – Connecticut Association of Boards of Education/June 2016 LATINO

(continued from page 1) In 2013-14, only 3.6% of our State’s teachers were Hispanic. By way of comparison, 3.5% of our teachers were Black and around 92% were White. So, although both Hispanic and Black teachers were around the same low percentage, there are almost double the number of Black teachers per Black student than Hispanic teachers per Hispanic student.

Hispanic students need Hispanic educators for the same reason that Black students need Black teachers: they serve as role models of success, often better understand the challenges faced by these students and often are better prepared to teach students from the same culture.

In addition, a 2016 Federal Education report entitled, The State of Racial Diversity in the Educator Workforce, alludes to a study that, “compared with their peers, teachers of color are more likely to (1) have higher expectations of students of color (as measured by higher numbers of referrals to gifted programs); (2) confront issues of racism; (3) serve as advocates and cultural brokers; and (4) develop more trusting relationships with students, particularly those with whom they share a cultural background.”

How do we better reach Hispanic students in addition to better recruitment and retention of Hispanic teachers?

In the June issue of the American School Boards Journal, in an article entitled “Cultural Awareness,” a doctoral candidate interning for NSBA’s Center for Public Education, Breanna Higgins, wrote about this very issue. While these comments generally apply to both African-American and Hispanic students, they are worth considering in this article focusing on Hispanic students. Her discussion

of research shows how cultural differences interact with schooling: “African-American and Hispanic students need to have stronger attachments to their school and teachers than their White counterparts do…Hispanic girls are often taught at home to defer to males and find it difficult to display their academic abilities and knowledge.

The cultural rift between student’s [sic] home and school environments make students feel like ‘misfits’ at

others on the CALAS Executive Board about how to help Hispanic students. They “strongly recommend adapting culturally responsive pedagogy along with setting high academic expectations. We all prefer the simple approach recommended by Dr. Sonia Nieto.” She is Professor Emerita, Language, Literacy, and Culture at the University of Massachusetts, Amherst.

Dr. Nieto writes about “Culturally Responsive Pedagogy (CRP)”. It is: • “A mindset that respects and honors students’ individuality as well as

Connecticut Stats Hispanic population in 2014:................................................... 541,153 Hispanic percentage of statewide population in 2014:.................... 15% Hispanic percentage of statewide population under age 18 in 2014:.................................................................. 22% Median age of Hispanics in 2014:......................................... 28.3 years Per Capita Income of Hispanics in 2014:.................................. $19,644 Unemployment rate for Hispanics in 2014:..................................... 12% Hispanic buying power in 2013 as share of state’s buying power:..... 7% Percent of eligible Hispanic residents who voted in 2014:............... 31% Percent of Hispanic households that paid more than 30% of income for housing in 2014:....................................... 59% Poverty rate for Hispanic children in 2014:..................................... 33% Percent of Hispanics without health insurance in 2014:................... 16%

Get to know your students’ families by engaging in authentic family outreach • Learn another language • Learn about and become involved in the community”.

An upcoming article will discuss English Language Learners and provide ideas on how best we can support them.

This article is one in a series of articles encouraged by the CABE Board of Directors’ Diversity Committee. It is important to all readers to be aware of the challenges and opportunities for our students, teachers, school leaders and Board members of color.

As stated in a disclaimer in Fulfilling America’s Future: Latinas in the U.S., 2015, published by the White House Initiative on Educational Excellence for Hispanics, “the terms Hispanic and Latino are used interchangeably [in this article], while recognizing their distinctive demographic and cultural meanings.”

For example, in the Western part of the country, Hispanics are mostly originally from Mexico. In Connecticut, most are originally from Puerto Rico.

For more information about specific school district demographics see available at https://goo.gl/OqQTBT.

Infant mortality rate for Hispanics in 2011-2013:..................................... 6.1 deaths per 1,000 live births.

Source: Latino and Puerto Rican Affairs Commission. More information can be found on the website: https://www.cga.ct.gov/lprac/pages/fastfacts.html

In Connecticut, according to SDE, the number of students in which Spanish is the non-English dominant language at home was 51,744, approximately 9% of our students. This not only gives us an idea of the size of the Hispanic population, but also the difficulties many Hispanic students face when they get to school.

Additionally, while we know that while there are Hispanic students throughout Connecticut, in 201314, there were approximately 210 schools whose student body was composed of 10 percent or more English Learners. The vast majority of the ELL students came from Hispanic backgrounds and to some extent they are concentrated in our city school districts, which are often our poorest districts. Not only are these children faced with the obstacle of not having English spoken in their homes, but they also come to schools with all the burdens of our poor neighborhoods: poverty, crime, violence and other hurdles.

Some Practical Examples: • Learn to say students’ names correctly • Label room with languages spoken by students • Display the work of all students • Learn as much as you can about your students

school. As a result, some students reject academic achievement as an act of defiance against what they view as a classroom or school of Whiteness and White values.”

These cultural differences can “impede the academic success of minority students if teachers are unaware of their existence.

But those challenges can be mitigated by strong teacher preparation in cultural awareness and the unique needs and expectations of minority students. “[u]sing culturally relevant pedagogy in classrooms, reflecting on cultural norms and biases, and incorporating ethnic/racial traditions into class routines and content will help students of color feel they are part of the school community.”

I also asked Hill Regional Career High School (New Haven) Principal Dr. Madeline Negron, for some recommendations to help Hispanic students. She is president of the Connecticut Association of Latino Administrators and Superintendents (CALAS) and she spoke with

their cultures, experiences, and histories • A way to include these in the curriculum and through teaching approaches • A commitment to continuing to learn about one’s students’ individuality as well as their cultures, experiences, and histories • A stance and a set of dispositions including: o Engaging in critical self-reflection about one’s values, biases, strengths, and limitations, and how these can affect one’s effectiveness with students of diverse backgrounds o Valuing language and culture in word and deed o Insisting on high quality and excellent work from all students o Affirming students’ identities while also expanding their world o Honoring families o Exemplifying a commitment to life-long learning

DRONES

(continued from page 14) policies, regulations and protocols with clear, comprehensive operational parameters. It is also important to make sure the district’s Business Manager/Director of Finance, works closely with the intended users of the drone in order to acquire drones appropriate for the intended use and to see they are properly registered prior to use.

Some districts across the country policies just ban their use. Others ban their use pertaining to the athletic program, but remain silent on other uses. Some districts permit their use as part of the instructional program, such as in the STEM curriculum (Science, Technology, Engineering, Mathematics).

Schools need to be deliberate and cautious with regard to how they attempt to establish and enforce rules designed to restrict drone flight. The Board should seek and consider the advice of legal counsel in this matter.

A new policy has been developed pertaining to this topic. It is likely that this topic will be revisited as laws and new regulations are put into place by the state and federal governments.

16 The Journal – Connecticut Association of Boards of Education/June 2016