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Connecticut Association of Boards of Education Vol. 21, No. 6
The Leading Voice for Connecticut Public Education
June 2017
“Out of the public schools grows the greatness of a nation.” - Mark Twain, Nov. 23,1900
CABE Board of Directors Extends Dues Freeze EXECUTIVE DIRECTOR, CABE
At its April meeting, the Board of Directors froze dues for the second year in a row. This decision was based on the uncertainty, at both the State and Federal levels, of funding for the next year. Our members have been struggling to determine the possible effects on local district budgets since the Governor presented his 2017-19 proposal in February. In addition to the lack of certainty as to how much ECS funding will be provided, how it will be distributed also has perplexed school board members and superintendents. The additional question of whether individual towns and cities will be responsible for any percentage of the cost of the
state teachers retirement program has made this a very difficult budget year. As members of local boards across the state, CABE Directors know that local boards are considering layoffs, increases in class size and other negative consequences on our schools should the proposed changes in funding go forward. As a result, the Board of Directors decided to keep CABE dues at 2016-17 levels for the next fiscal year. The CABE operating budget will be finalized in the coming months. The decision on dues took the following factors into account: • While the Association faces rising expenses, just as local boards do (the latest all Northeast Urban C
See VIEW page 14
Connecticut Association of Boards of Education Inc.
The most intense time in the Legislative Session is the final weeks before adjournment. There is one thing that is completely clear – the Regular Session will end on midnight, June 7, as provided in the Connecticut Constitution. A multitude of bills will be acted upon in the final days of the session, but the state budget, including education funding, remains a primary concern for all legislators. Several bills are moving through the
legislature that will provide relief from burdensome mandates on school districts and allow for the more efficient and effective delivery of public education, including: • modifications to high school graduation requirements to provide the opportunity for a more personalized educational experience, • relief from numerous specific mandates for educator professional development
81 Wolcott Hill Road Wethersfield, CT 06109-1242
DEPUTY DIRECTOR/GENERAL COUNSEL, CABE
East Hartford Program is “Breaking the Cipher” Chris Seymour
See FREEZE page 2
View from the Captiol Patrice A. McCarthy
SCHOOL IS SOON OUT FOR SUMMER!
REPORTER, CABE
Breaking the Cipher – an initiative at East Hartford’s Synergy Alternative High School – is seeking to “break the cycle” when it comes to youth gun violence and incarceration. “Breaking the Cipher is a documentary film discussion group and we bring in law enforcement professionals, federal prosecutors, individuals who are involved with corrections, local police and formerly incarcerated individuals” and have a dialogue with students regarding the issues depicted in the films, according to Brent Peterkin, Statewide Coordinator for Project Longevity, a Connecticut-based gun violence intervention initiative. This is the second school year for the program, which takes place monthly for 20 students at a time in grades 9-12 and lasts about 45 minutes to an hour per session. “We want to break that cipher, we want to break that code and get people to talk to each other about issues that affect us
all—primarily gun violence and incarceration and that pretty much drives it,” said Peterkin. In civics class, students prescreen the films, which Peterkin said focus on emotional or cultural issues they can relate to such as getting caught up in the juvenile detention system or the fallout families experience when a loved one gets ensnared in the criminal justice system. Students then discuss the films with Peterkin and other guests, including the aforementioned criminal justice professionals. “We come in and have a dialogue about some of the aspects of the film and expound upon the realities of that in a Connecticut specific context,” said Peterkin. The initiative focuses on documentaries because “they are real life; it’s curated but it’s real life,” said Peterkin. “The students are able to relate either emotionally or just connect with some of the things culturally depicted in the films,” explained Peterkin. “And one of See EAST HARTFORD page 14
Robert Rader
Engaging Every Student
See You in Court
Alternatives to Layoffs or Cutting Programs
CT Next Generation Accountability System
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Periodical Postage PAID Hartford, CT
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The Journal – Connecticut Association of Boards of Education | June 2017
PRESIDENT COMMENTARY
Resilience in the Face of Challenge Ann Gruenberg PRESIDENT, CABE
As we approach the end of a most unusual school year and legislative session, it is safe to say this has not all been easy. The degree of tension as it relates to school finance may well be unprecedented. This may be the year people mention, twenty years from now, as the new symbolic “high water mark”, like those we remember after a bad storm. We have needed to take the time to celebrate some important progress, such as mandate relief, while also acknowledging work that remains to be addressed. How we approach challenges is vital. Our collective ability to adjust, to identify and implement feasible solutions, collectively, can have a major impact on the outcomes. If we assume and prepare for the worst-case scenarios, we may well be contributing to those outcomes, unintentionally supporting the creation of “self-fulfilling prophesies”. If we assume the best and hope that the power of our wishes may change the course of events, we may be in for a surprise and/or disappointment. Very often the outcome involves some degree of compromise. In terms of legislation and policy, persistent advocacy has the potential to contribute to tenable solutions.
FREEZE
(continued from page 1) shows a 2.7% increase in inflation since last year), CABE exists to serve its members. At this critical time, the Board believes our greatest priority is to continue to provide needed high-quality services. • Three-quarters of our budget is based on dues revenue. Non-dues revenue has increased over the years, in part, because we have had a contract with State Department of Education (SDE) which helps support our Lighthouse Project, Leadership Institute, Summer Conference and our New Board Member/ Leadership Workshop. Although we do not know whether SDE will be able to continue to provide funding, the Board believes that all of these valuable programs must continue. • In order for CABE to limit expenses, all staff salaries are being frozen at the 2016-17 level. We also will make less use of consultants, relying even more on our full-time staff. Using consultants has deepened the value of our Lighthouse Project in partic-
Sometimes it may seem one hard knock is followed by another. We probably all know how that feels, but we may have different ways of interpreting those circumstances. The threat of unwanted consequences can have profound effects on our decision-making processes. Technology as a vital part of our modern world is often in the center of the issue as well as the solution. When technology doesn’t work, or there is a threat of hacking, the effects may be compounded. When an
“. . . our commitment to resolve issues makes a positive difference.” issue is related to technology, the conversation with the automatic technician, I’ll call her Cat for short, may be significant. She’s the one who lives in the phone and asks us to unplug the modem to see if that will help reset the system. She’s the one who coaches us to trouble-shoot, to try to find the problem and the solution. That conversation may almost start to feel like full human dialogue. It is not. But somehow we fix the internet access problem. It may work well, or it may be followed by something else happening. The human impulse to “sleep on it”, which is actually a very functional coping
ular, but in this budget situation, it is in our members’ interests to cut back on their use. CABE has always operated on tight, fiscally sound budgets, being as effective and efficient as we can with all of our revenues. Our staff is smaller than it was years ago, though we provide more services to our members. Under our current projections, some of
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
strategy for people because, among other advantages, it also allows the brain to process potentially complex issues on different levels, probably will not work with technology problems. Is it okay to call Cat, the automated technical supporter, twice in one day? Yes, it is. IT may be that most children growing up these days are becoming fluent with technological problem-solving, and when they deal with techno-challenges they may be less likely to react intensely. They may integrate such problem-solving and coping in ways that become second-nature. As we grapple with these issues, it is vital that we sustain the perspective of the emerging future, and how our current commitments and actions support future success for students in public schools. Whether the challenges are fiscal, technological or interpersonal, our commitment to resolve issues makes a positive difference.
our fiscal reserves will be used to balance the budget. However, we have appropriate reserves and in this situation, the Board decided that their use is responsible. During the coming year, in which our members will again be asked to do more with less, so will your Association. However, the Board and Staff look forward to providing you the same high-quality level of services you have come to expect and depend upon.
CABE Board of Director members and staff at the April Board of Directors meeting where the Board approved the dues freeze for 2017-2018.
EXECUTIVE COMMITTEE Ann Gruenberg | President, Hampton Robert Mitchell | First Vice President, Montville Donald Harris | Vice President for Government Relations, Bloomfield Elizabeth Brown | Vice President for Professional Development, Waterbury Bob Trefry | Secretary/Treasurer, CT Technical High School System 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 Michelle Lucian | Area 1 Co-Director, Plymouth Byran Hall | Area 2 Co-Director, East Hartford Michael Gonzalez | Area 2 Co-Director, East Windsor Michael Purcaro | Area 3 Co-Director, Ellington Michele Arn | Area 3 Co-Director, Vernon Joan Trivella | Area 4 Director, Brooklyn Michelle Embree Ku | Area 5 Director, Newtown Jennifer Dayton | Area 6 Co-Director, Greenwich Karen Kleine | Area 6 Co-Director, Westport Roxane McKay | Area 7 Director, Wallingford Lon Seidman | Area 8 Director, Essex Sean Nugent | Area 9 Director, Preston ASSOCIATES Eileen Baker | Associate, Old Saybrook Sharon Beloin-Saavedra | Associate, New Britain Robert Guthrie | Associate, West Haven Douglas Smith | Associate, Plainfield Robert Trefry | Associate, CT Technical High School System COMMITTEE CHAIRS Becky Tyrrell | Chair, Federal Relations, Plainville Bryan Hall | Chair, Resolutions, East Hartford Christopher Wilson | Chair, State Relations, Bristol CITY REPRESENTATIVES Richard Wareing | City Representative, Hartford Carlos Torre | City Representative, New Haven Jacqueline Heftman | City Representative, Stamford Charles Stango | City Representative, Waterbury STAFF
Robert Rader | Executive Director Patrice McCarthy | Deputy Director and General Counsel Rebecca Adams | Senior Staff Attorney Bonnie Carney | Senior Staff Associate for Publications Nicholas Caruso | Senior Staff Associate for Field Service and Coordinator of Technology Sheila McKay | Senior Staff Associate for Government Relations Vincent Mustaro | Senior Staff Associate for Policy Service Lisa Steimer | Senior Staff Associate for Professional Development Teresa Costa | 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 Labor Relations Nancy Propfe | Administrative Assistant for Membership Services Corliss Ucci | Receptionist and Assistant to Executive Director
The CABE Journal (ISSN 1092-1818) is published monthly except a combined issue for July/August as a member service of the Connecticut Association of Boards of Education, 81 Wolcott Hill Road, Wethersfield, CT 06109, (860) 571-7446. CABE membership dues include $30 per person for each individual who receives The CABE Journal. The subscription rate for nonmembers is $75. Association membership dues include a subscription for each board member, superintendent, assistant superintendent and business manager. The companies and advertisements found in The CABE Journal are not necessarily endorsed by CABE. “Periodicals Postage Paid at Hartford, CT.” POSTMASTER: Send address changes to The CABE Journal, CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. Email: bcarney@cabe.org. Members can find the CABE Journal online at: www.cabe.org/page.cfm?p=1024
The Journal – Connecticut Association of Boards of Education | June 2017
CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite GOLD MEMBERS
Berchem, Moses & Devlin Pullman & Comley Shipman & Goodwin Support for the Budgetary Process SILVER MEMBERS Anthem Blue Cross and Blue Shield Arthur J. Gallagher & Company Corporate Cost Control Milone & MacBroom, Inc. Zangari Cohn Cuthbertson Duhl & Grello PC BRONZE PLUS MEMBERS Cohen & Wolf, P.C. Coordinated Transportation Solutions Friar Associates Kainen, Escalera & McHale, P.C. Milliman, Inc. O & G Industries The S/L/A/M Collaborative BRONZE MEMBERS Brown & Brown Insurance Chinni & Meuser LLC Dattco Inc. ECG Engineering, PC Fusfoo Media LLC Goldstein & Peck, P.C. JCJ Architecture The Lexington Group Perkins & Eastman Solutions Employee Assistance Program Sources4Teachers 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 Connecticut Technical High Schools Cooperative Educational Services EASTCONN EdAdvance LEARN
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EXECUTIVE DIRECTOR COMMENTARY
Understand the Whole Context As You Make Decisions Robert Rader
EXECUTIVE DIRECTOR, CABE
Whatever your political persuasion, a recent article in The New York Times contains lessons for school board members and superintendents. On the surface, the article appears to merely report on actions taken by the Trump administration and the military. Entitled Trump Unleashes Generals. They Don’t Always See the Big Picture, the article concerns two recent military actions in which the commanders might not have seen the “big picture” of what was actually happening and how their action affected the larger context of what the Trump Administration was trying to do. In early April, Admiral Harry B. Harris Jr., our top commander in the Pacific, ordered the aircraft carrier Carl Vinson “to sail north”. according to the article, he was “oblivious to the larger – and incorrect – impression that he was rushing a naval task force to confront an increasingly belligerent North Korea.” Several days later, General John W. Nicholson Jr. dropped the “mother of all bombs”, the most powerful conventional American weapon on Islamic State fighters. While he made headlines across the world, the Times reported, he “also unintentionally signaled to dictators in Syria and North Korea that they might be his next target.” The result of actions by these two experienced military officials was to “surprise… their bosses at the Pentagon, upset edgy allies and caught the White House flat-footed… Taken together, the two episodes illustrate how even the military’s most seasoned four-star field commanders can fail to consider the broader political or strategic ramifications of their operational decisions, and some… officials suggested that President Trump’s decision to unshackle the military from Obama-era constraints… risked even more miscues.” In the case of the military actions, the use of the huge bomb was due to an American commander taking it upon himself to use the weapon on a cave complex, without understanding that this
tactical change would be seen as a threat to other countries. The aircraft carrier actually headed south instead of north towards the Korean peninsula. But, the word was out that it was headed toward the north at a time when tensions were already high. Other articles in the Times indicated that this mistake had shaken up our South Korean allies and others. The article acknowledges that more policy oversight might have helped the commanders, since they were, “appropriately focused on operations.” Still, in the case of the navy, who knows what the reaction of North Korea could have been?
The Leadership Team Level
What does this have to do with the roles and responsibilities of boards of education and superintendents? I mean, boards and superintendents rarely get to move an aircraft carrier or drop a bomb – I mean a literal, not figurative bomb! These two episodes present a near-perfect metaphor as to why boards and superintendents need to work together to ensure any action that they take is thoughtful and the reasons behind them are communicated as decisions are made. While it might be said that boards make the larger, more strategic decisions for the district and superintendents make the operational or tactical ones, without a continuing, honest exchange of information and an understanding of the ramifications of decisions, the Leadership Team can easily undermine its credibility and its influence. The ramifications of a misstep can sometimes last a very long time, especially if the action is not seen as evenhanded. For example, when a decision is made to close a school or move bus pickups, lack of understanding on which these decisions are made can easily lead to an unhappy community. Members of the public in these situations can feel their concerns (often about the effects on their children) are not fairly taken into account.
How Do You Gather Information?
There is no infallible way of ensuring that you’ve touched all bases in making decisions. While your policy manual should provide help on many issues, here are some touchpoints that might be helpful, should you be faced with making a decision on a new issue. • Ask your superintendent for direction, research on the issue • On legal issues, check with your school attorney • Communicate with CABE or NSBA • Communicate with and/or visit other school boards • Examine public opinion polls • Consider doing a survey of your district • Speak with specialists, board members and citizens • Speak with SDE or members of the State Board of Education Taken, in part, from Becoming a Better Board Member, NSBA publication, third edition, page 89
The Eyes and Ears
To continue the military analogy, we often say that the members of a board of education serve as the Leadership Team’s “eyes and ears in the field.” Part of their job is ensuring that, as board members, they really are “connecting the will of the community to the education of its children.” While certainly keeping abreast of the desires of the community is an important responsibility of the superintendent, he or she is dependent on the members of the Board to keep apprised on what the many different “publics” are saying on issues concerning the school district. Part of the beauty of our system of grassroots democracy is the understanding that volunteer board members are involved in many different aspects of the community and their knowledge helps inform the Team’s decisions. How does the Leadership Team ensure that community voices are being heard? While many would say, “don’t worry, every time we go out in public, such as the grocery store, they let us know their opinions.” It is also important to hear from those who aren’t as active – who don’t speak at public participation or show up at board meetings. Depending on the issues facing the Board, there are tools to help understand what citizens want. For example, when doing a search for a new superintendent, many boards will ask the consultant to hold focus group meetings, perhaps do a survey and compile results in a report, where people’s opinions are shared anonymously. Another way to gauge the public’s opinion is to hold a working session where the public is invited to speak about an issue. A good example was when boards did this as the Common, err, Connecticut Core was implemented. Part of the basis for developing a good strategic plan also is based on having heard the wishes, even dreams, of the public. The point is that boards and superintendents, like our armed forces, do not make decisions or take action in a vacuum. The more context you have, the better understanding of an issue you have and the probable ramifications of actions you have, the better decisions you will make. Make sure there is open and full communications on your leadership team. And, take action only when you’re aware of the Big Picture. .
The Journal – Connecticut Association of Boards of Education | June 2017
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Engaging Every Student At an excellent conference sponsored by the Connecticut Council on Education Reform and the Connecticut Association of Schools, Dr. Douglas Reeves, well-known to Connecticut educators and those across the nation, discussed engaging students who are otherwise unengaged. Dr. Reeves stated that 75% of students in 5th grade were engaged at school, but by 11th grade, only 32% were engaged. He provided a graph that shows almost a straight line path downward from the lower grades to the 11th graders. He also provided a graph showing that the more engaged students are in extra-curricular activities, the higher their grade-point averages. More engagement leads not only to better-rounded students, but increased student achievement. Why is engagement so important? Students who were “engaged and hopeful are: five times more likely to report doing well in school and almost twice as likely to
attend a two or four year college.” Dr. Reeves stated that there were keys to student engagement, including: hope, the belief that things were going to get better; competence, in doing a school activity of some kind; respect of teachers and others; efficacy, that is schools’ effectiveness in helping students; and choice (within a framework).
There are also “keys to disengagement”: failure without feedback; disrespect—personal and cultural; loss of control; disempowerment; and hopelessness. These drive students to having less interest in their education. In his presentation, Dr. Reeves spoke about the importance of hope. With resilience, including for students who had
experienced trauma or other “extraordinary obstacles” to success in school, students were more satisfied, had higher self-esteem, optimism” and are better able to cope with injuries and disease. He believes that hope is “more important than intelligence and natural ability.” Dr. Reeves also made these points: • A culture of punishment leads some students to hopelessness and disengagement. He mentions corporal punishment (19 states still allow it); “toxic grading practices” which he calls “academic corporal punishment”, such as grading homework and/or behavior; punitive attendance practices’; and rewarding compliance over performance.” • “Developing competence through ‘gold-standard’ practice” is a key to success. That practice should include coaching and immediate feedback to students; specific goals for targeted See ENGAGING page 8
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To assist you with these challenges, CAPSS and CABE have established business partnerships with John Kowalsky and Bill Sudol around an effective method for prospective retirees to obtain health insurance coverage that is both affordable and comprehensive. Joseph J. Cirasuolo, Ed.D Executive Director, CAPSS
developed specifically for your district to meet your goals and requirements.
2. Support for the Budgetary Process will provide group and individual Retirement Workshops to communicate with education staff as to the eligibility requirements for participation. 3. The workshop will include an explanation of benefits from the Teachers Retirement System. 4. Communicate to teachers the benefits and opportunities provided by the program and how to maximize tax advantages. Complete support provided to the district and teachers for the duration of the program.
The Journal – Connecticut Association of Boards of Education | June 2017
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See You in Court – The Nutmeg Board of Education
Did Nutmeg Violate FOIA By Using Attorney-Client Communication? 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. The members of the Nutmeg Board of Education are tired of having to put up with the constant barrage of criticism. Cut teaching positions? The parents go crazy. Add teaching positions? The taxpayer group goes crazy. To make matters worse, even talking about different options brings the critics out of the woodwork, who then seek to pit Board member against Board member. As Chair of the Finance Committee, veteran Board member Bob Bombast reached out to his Board colleagues by email: “We need to do something. If we can work together confidentially in the first instance, we can get our act together and present a united front publicly after we make the tough decisions.” Several Board members concurred by email, and they went back and forth as to how, also by email. Reading the emails, Mr. Superintendent saw that the Board members were conducting a discussion of Board business by email, a violation of the Freedom of Information against which he had already warned them verbally. The next morning, he called up Mr. Board Attorney and asked for his help. Mr. Board Attorney understood precisely what was needed, and in short order he wrote an email to the Board members warning them against conducting discussions of Board business by email. Significantly, he captioned his email “CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION,” so that the Board members would know that Mr. Board Attorney was giving them confidential legal advice. Initially, Bob Bombast was annoyed at being chastised again, wondering whether Mr. Board Attorney didn’t have anything better to do. But then Bob had a Eureka moment. Since emails to and from the Board lawyer are confidential, he figured, sending emails through Mr. Board Attorney would be a great way to take care of Board business discretely and confidentially. He promptly wrote back to Mr. Board Attorney, thanking him for his wise counsel, and he also expressed appreciation for the fact that the Board can now discuss controversial matters with Board counsel confidentially, whether by email or in person. Bob and the Board then continued their email discussions of Board business, but now they carefully assured that Mr.
Board Attorney was copied on all the emails going back and forth. Indeed, the Board members included some pretty extraordinary statements in their emails, seemingly secure in their belief that that the public would never see their emails as long as Mr. Board Attorney was included on the email. With the budget pressures this spring, the Board is considering some drastic cuts, including possibly closing a school. Given the significance of these issues, Bob decided that an in-person private discussion is needed. Accordingly, he has called an executive session of the Finance Committee, invited Mr. Board Attorney to attend the meeting, and posted it as “Discussion of Confidential Attorney-Client Communications.” Can the Committee go ahead with the budget discussion in executive session?
The proposed discussion of budget cuts is not privileged to executive session, whether or not Mr. Board Attorney attends the meeting. Executive session would be proper here only to discuss legal advice Mr. Board Attorney has provided in writing. Similarly, Board member emails to each other are public, even if Mr. Board Attorney is included on copy, unless they are requesting and/or receiving legal advice or the subject matter of the email is otherwise exempt. Budget matters are, of course, not exempt from public disclosure. The attorney-client privilege reflects an important public policy to permit persons and entities (including public entities) to request and receive legal advice confidentially. However, everything that a lawyer says is not confidential, and it is important to understand the scope of the attorney-client privilege. First, the communication must be for the purpose of requesting and receiving legal advice. Just last year, the Connecticut Supreme Court elaborated on this requirement in Harrington v. Freedom of Information Commission, 323 Conn. 1 (2016), and it described the requirement as follows: Nonetheless, it is not enough for the party invoking the privilege to show that a communication to legal counsel relayed information that “might become relevant to the future rendering of legal advice. Instead, the communication must also either explicitly or implicitly seek specific legal advice about that factual information.” (Citations omitted). *
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“Lest a non-legal element become the tail that wags the dog, a clear and significant nexus between attorney-client communications and legal advice or assistance is rightly expected. In classifying
the character of the communication, the crucial inquiry is whether the intent of the client, in deciding to approach the lawyer, is to obtain legal counsel, even if other dimensions of a matter are addressed as well.” (Citations omitted).
ney-client relationship” are exempt from disclosure under the FOIA. Thus, there must be a written communication containing legal advice before a public agency in Connecticut can discuss that legal advice in executive session. Finally, when a board of education Communications in which the attorney discusses legal advice in executive session, is simply included (even if the matter may it is important that the posting of the later become the subject of a legal controagenda comply with legal requirements. versy) will not be confidential when such The Freedom of Information Commission communications are not for the purpose of has long required that when discussing requesting and/or providing legal advice. “pending claims and litigation,” the posted Second, the communication must be agenda must refer to the claim or litigation kept confidential. If legal advice is shared in question. with third parties outside of the attor Just last year, a Superior Court judge ney-client relationship, the privilege is extended this principle to the posting of an lost. For example, the Superintendent can executive session discussion of a privileged request and receive advice concerning poattorney-client communication. In that tential liability arising from PTO activities, case, the court ruled that simply posting and such advice may be maintained as “discussion of a confidential attorney-cliconfidential. But the privilege would be lost ent communication” is inadequate, and the in this case if the Superintendent or a Board posting must now include reference to the member shares that legal advice with the subject of the communication so that the PTO leadership. public is fairly apprised of the business to Third, there is no general executive be transacted. session privilege to discuss legal advice. Attorney Thomas B. Mooney is a partHowever, executive session is permitted ner in the Hartford law firm of Shipman & for the purpose of discussing information Goodwin who works frequently with boards contained in confidential records, and of education. Mooney is a regular contribu“communications privileged by the attortor 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 word 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: http://www.cabe.org/page.cfm?p=1239
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The Journal – Connecticut Association of Boards of Education | June 2017
The Policy Corner Vincent A. Mustaro
SENIOR STAFF ASSOCIATE FOR POLICY SERVICE, CABE
Required Changes to Expulsion Policy The 2016 session of the General Assembly passed Public Act 16-147, “An Act Concerning the Recommendations of the Juvenile Justice Policy and Oversight Committee.” This Act made several changes affecting juvenile detention and other juvenile justice matters, children returning to school after a juvenile justice placement and school disciplinary and related matters, especially expulsion. The legislation included various changes affecting public schools. The changes are effective August 15, 2017. School districts will be required to offer an alternative educational opportunity to a larger category of expelled students. The Act also eliminates a child’s truancy as permissible grounds to file a family with service needs complaint. Further, schools with a disproportionately high truancy rate are required to implement an approved intervention model. In addition, the State Department of Education (SDE), in collaboration with other agencies, is required by this legislation to develop plans on certain matters, such as school-based diversion initiatives and addressing educational deficiencies among children in the juvenile justice system. This article will emphasize the new requirements pertaining to school expulsions, which, become effective this summer on August 15, prior to the start of the new 2017-2018 school year. The Act made various changes concerning school expulsion. By law, an “expulsion” is the exclusion from school privileges for between 11 days and one year.
Policy Implications
The policies impacted by the portions of this legislation pertaining to schools include Policy #5114, “Suspension and Expulsion/Due Process,” Policy #5131, “Conduct and Discipline, and Policy #5144, “Discipline.” Districts are mandated to have a policy pertaining to student discipline. It is not necessary to have each of these three policies. Any one of the three fulfill the mandate if it contains language pertaining to the issues of suspension and expulsion. Samples of these policies are available from the CABE Policy Service.
Notice of Hearing and Right to an Attorney or Advocate
Existing law requires, except in emergencies, a board of education to hold a formal hearing before expelling a student. If the student is a minor, the school board must give the student’s parent or guardian notice of the hearing. School boards will now be required to provide the notice to the student’s parent or guardian at least five business days before the scheduled hearing. The notice must include information explaining the parent’s or guardian’s and student’s legal rights. Current law already requires the hearing notice to include information on free or lowcost legal services and how to obtain such services. The legislation specifies that an attorney or advocate may represent any student subject to expulsion proceedings. It allows the parent or guardian to postpone the hearing for up to one week to provide time to find representation, except in emergencies. Under existing law and the Act, in an emergency, the hearing must be held as soon after the expulsion as possible. An emergency is when the student’s continued presence poses such a danger or disruption as to require a pre-hearing exclusion from school, with the hearing held as soon as possible after the exclusion.
Alternative Education for Expelled Students
Currently boards of education are required to offer an alternative educational opportunity to expelled students under age 16. Generally, students between ages 16 and 18 who are expelled for the first time must also be offered this opportunity, provided they comply with conditions set by the board of education. The Act applies an existing definition of “alternative education” to these provisions. Under this definition, an alternative education is a school or program main-
tained and operated by a school board that is offered to students in a nontraditional setting and addresses their social, emotional, behavioral, and academic needs. Such program must conform to State Board of Education guidelines and be provided in accordance with C.G.S. 10-15 and 10-16 (180 days/900 hours). However, as of the writing of this article, legislation is currently under consideration in the General Assembly that would, if passed, eliminate this new costly requirement that an alternative educational opportunity for expelled students be five hours per day. The pending new requirement would be replaced with a mandate to provide an alternative education opportunity that would be consistent with new standards to be developed by the State Board of Education by August 15, 2017. Such standards would include, but need not be limited to, the kind of instruction and the number of hours to be provided to a student enrolled in an alternative educational opportunity. Boards of education are required by the Act to offer an individualized learning plan as part of the alternative education for expelled students under age 16. However, the statute does not define “individualized learning plan.” The new statute also expands the category of expelled students who must be offered an alternative educational opportunity. This was done by repealing a provision that currently allows school boards to deny this opportunity to a student
between ages 16 and 18 who is expelled for conduct that endangered others and involved possession of a firearm, deadly weapon, dangerous instrument, or martial arts weapon; or offering an illegal drug for sale or distribution on school grounds or at a school-sponsored event. Therefore, even students between the ages of 16-18 who are expelled for the reasons cited above must be offered an alternative educational opportunity if it is the student’s first expulsion, when this portion of the Act becomes effective on August 15, 2017.
Reports to Police
Existing law requires that if a student is expelled for possessing a firearm or deadly weapon, the violation must be reported to the local police, or to the State Police if the student was enrolled in a technical high school. The legislation expands this reporting requirement to include expulsions for possession of dangerous instruments or martial arts weapons. Generally, “dangerous instruments” are those that can be used to cause death or serious physical injury.
Returning to School After Placement in the Juvenile Justice System
Further, the Act specifies that if a student who committed an expellable offense was not expelled and is seeking to return to school after participating in a diversionary program, the school district must allow the student to re-enroll and not expel the student for additional time for the offense. This already applies to such students seeking to re-enroll after placement in a juvenile detention center, the Connecticut Juvenile Training School, or any other residential placement.
“There is a difference between being a leader and being a boss. Both are based on authority. A boss demands blind obedience; a leader earns his authority through understanding and trust.” – Klaus Balkenhol
The Journal – Connecticut Association of Boards of Education | June 2017
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The Journal – Connecticut Association of Boards of Education | June 2017 Help for balancing your budget!
Alternatives to Issuing Layoffs or Cutting Programs James Stirling
STIRLING BENEFITS
Shrinking enrollments and uncertain funding are forcing boards to ask tough questions about staffing levels. Many Boards are faced with the need to downsize, or in the vernacular of the private sector, to “right size.” When forced to reduce staff, some of our teacher contracts make layoffs difficult. “Last-in-first-out” provisions, bumping rules and seniority language often reduces the cost savings from layoffs. In addition, payment of unemployment compensation further reduces the effectiveness of
ENGAGING (continued from page 4) improvement; the full attention of the student (“not multitasking”); and expecting progress to be “incremental and differentiated” between students. • Almost all homework flunks the ‘gold standard.’ There is “zero impact in K-5 – stop assigning it” and, he says, homework has limited impact in grades 6-12, so limit or eliminate it. The best practice takes place in the classroom with immediate feedback. • Dr. Reeves suggests that districts “identify ONE or TWO high-leverage practices and monitor implementation and results every week” to keep students who start to fall behind, engaged. He suggests several ideas, such as the “Ketchup Solution”, where if work is not done by Thursday, the student reports to the “Ketchup Room”, where he or she stays until work is done and then returns to the normal class.
salary savings. If layoffs disproportionally impact the newest teachers, the District system may lose some energy and youthful innovation. One alternative to layoffs is a properly designed early retirement incentive. These programs can be either taxable or non-taxable. Taxable programs (cash paid directly to the retiree or a credit toward continuing on the health plan) increases the teacher’s tax liability and can sometimes force the retiree to pay more for Medicare Part B. Taxability also reduces the economic value to the member, requiring the Board to offer a higher incentive to offset the taxes the retiree will have to pay.
This has been very successful in some districts. Another creative idea is Red/Yellow/ Green, where counselors and teachers get a card for students. The red one indicates that the student has outstanding work incomplete. Two consequences are “backpack inspections” and notebook reviews and restrictions on free time. There is also the “Coach’s Corner” where students sit (uncomfortably, I presume) on the gym floor while work is completed. All districts have students who are disengaged. Dr. Reeves stated that in one large study of 900,000 students, 50% were engaged, 29% were not engaged and 21% were actively disengaged. We hope that with the emphasis on personalized learning, more students will be engaged and excited about their learning in the future. By empowering them within “a framework” as Dr. Reeves suggests, let’s hope all students are successful. For more information on the work of Dr. Reeves on this issue, go to www.CreativeLeadership.net. Robert Rader EXECUTIVE DIRECTOR, CABE
Fortunately, there are non-taxable options available, including a Board funded Health Reimbursement Arrangement (HRA). A tax preferred HRA gives the Board maximum flexibility. The District determines who is eligible, how large an incentive is provided in exchange for retirement, and what the retiree can spend the incentive on. For instance, the District could offer a retiree HRA to any staff member who has at least ten years of service in the district, is at least 60 years old, and will receive $7,500 per year for four years. The funds could be used for medical premiums only or for premiums and “flexible spending account” eligible expenses. Another district may want to limit the retirement incentive to those with more than 20 years service, over age 65 at retirement and receive a greater or lesser financial benefit. Plans can be designed to supplement
HSA medical accounts, traditional PPO’s or provide incentives to move off the District health program altogether. It all depends on the district goals. The Retiree HRA must be in writing, non-discriminatory, and meet IRS requirements. The Budgetary Process Team will hold group and individual counseling sessions to make sure that potential retirees understand the benefits of retirement; from pension choices to the TRB health plan, and help implement the retiree HRA plan. Should you be interested in such a program, please contact Support for the Budgetary Process at 860-828-8360. Your Budgetary Process Team includes: John Kowalsky, Independent Broker; Bill Sudol, Retired Executive Director, Teacher Retirement Board; Michael Linehan, Certified Retirement Plan Specialist; and James Stirling, Stirling Benefits. Support for the Budgetary Process is a CABE Gold Business Affiliate Member.
What will
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 860-571-7446 or email vmustaro@cabe.org for full details.
The Journal – Connecticut Association of Boards of Education | June 2017
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What Boards Should Know About Connecticut’s Next Generation Accountability System
No Child Left Behind (NCLB) has now been left behind. The Every Student Succeeds Act (ESSA) has succeeded NCLB. While ESSA maintains annual testing for grades 3-8 and in high schools, it also enables states to develop their own more flexible accountability standards, interventions and support for students. States must incorporate at least the following five indicators in their standards: 1. Academic achievement on the annual state assessments 2. Student growth or another valid statewide academic indicator (elementary/middle schools) 3. Graduation rate 4. Progress in achieving English language proficiency on the ELP assessments
5. School quality or student success (i.e., student engagement, educator engagement, student access to and completion of advanced coursework, postsecondary readiness, school climate and safety, and any other indicator state chooses). However, thanks to the work Connecticut did during the period in which we had a waiver from NCLB, our Next Generation Accountability System contains 12 areas on which schools and districts are being scored: 1. Academic achievement status measured by state assessments 2. Academic growth 3. Assessment participation rate 4. Chronic absenteeism
5. Preparation for postsecondary and career readiness – coursework 6. Preparation for postsecondary and career readiness – exams 7. Graduation – on track in ninth grade 8. Graduation – four-year adjusted cohort graduation rate – all students 9. Graduation – six-year adjusted cohort graduation rate – high needs 10. Postsecondary entrance rate – all students (college enrollment) 11. Physical fitness 12. Arts access I spoke to State Department of Education’s (SDE) Deputy Commissioner of Education Ellen Cohn about what the new system means to Connecticut’s school boards. She stated, “Board members can now get a more comprehensive perspective of school/district performance using the new accountability system. Additionally, as required under ESSA, the system gives greater weight to growth, achievement, and graduation, which are the areas that have been, and should continue to be, the focus and attention of Board members. The indicators for achievement within a subject (i.e., English language arts, Mathematics, and Science) measure the overall average performance of students on all state summative assessments. These include the Smarter Balanced, the SAT, CMT/CAPT Science, and all alternate assessments. The expectation is that students
Good News about Connecticut There are actually multiple points of “good news” about Connecticut and our public schools which often get buried in news reports and the real concerns about the state fiscal situation. Connecticut high schools were ranked 4th best in the nation in the 2017 U.S. News Best High Schools Report. While we continue to strive to be number one, it is important to celebrate the number of schools which are successfully preparing students for college and careers. This report methodology looks at participation and attainment of passing scores on Advanced Placement tests, and also includes diversity, graduation rates and state test results. U.S. News rankings
include data on more than 22,000 public high schools in every state. Schools were awarded gold, silver or bronze medals, and the report shows that Connecticut had 8 gold medal schools, 24 silver medal schools and 16 bronze medal schools. Several of the medal winners were in Hartford. In the U.S. News and World Reports ranking of “best states”, Connecticut ranked 12th overall, ranking 4th for education, 8th in crime and corrections, 12th for health care and 15th for opportunity. Clearly a strong public education system is critical to our state’s future. Patrice A. McCarthy DEPUTY DIRECTOR AND GENERAL COUNSEL, CABE
are performing solidly on these tests. The real “conversation changer” in our system is academic growth. Connecticut has created a growth model for the Smarter Balanced assessments that establishes ambitious yet achievable growth targets. Students who reach or exceed their targets are on a path to higher levels of academic achievement. The first year of growth data offered promising results in several schools located in our high need districts. The growth achieved by students in those schools is a critical contributor to the closing of the achievement gap. SDE is now using “appreciative inquiry” by looking at schools with high levels of student growth. By investigating the instruction and other practices that contribute to high student growth, SDE will provide vital information for all schools. Cohn believes that our system has become a model for the nation. ESSA requires that “every three years, states must use the data from their accountability systems to identify those schools “in need of improvement.” These schools are: • The lowest-performing 5% of all schools in the state;
• Schools where one or more subgroups are underperforming; or • High schools with graduation rates of less than 67%. For schools that are at the bottom 5% and for high schools with high dropout rates: • Districts will work with teachers and school staff to develop an evidence-based improvement plan. • States will monitor the turnaround effort. • If schools continue to struggle, after no more than four years, the state will be required to step in with its own plan. For schools where subgroups are struggling: • Schools will need to develop an evidence-based plan to help the particular group of students that are falling behind. • Districts must monitor these plans. If a school continues to struggle with the subgroups the district would step in. Connecticut’s plan, filed in April, proposes “a 13-year timeframe for our model See ACCOUNTABILITY page 14
CABE-MEETING | CABE-MEETING CABE-MEETING | CABE-MEETING CABE-MEETING | 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.
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CABE Member Subscription Fees Initial Subscription – $3,000 Annual Maintenance – $1,500
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The Journal – Connecticut Association of Boards of Education | June 2017
The Media Message from Ann Baldwin, Baldwin Media Marketing, LLC
Preparing for a Crisis in Today’s Media Climate Probably the biggest aspect of public relations that has grown to take on a life of its own over the past ten years is crisis communications. Today, School Districts and Boards of Education have to prepare for situations that they many never have imagined, or perhaps these scenarios existed, but weren’t as public as they are today, which can be attributed to our ever-changing world of communications. Today, crises often originate and spread on social media platforms that did not exist before. In many cases, it
is social media that “fuels the fire” in a crisis, sometimes giving an audience more information about a crisis than the school experiencing it. Social media is also sometimes used as a vehicle to spread inaccurate information and rumors, being spread by what I call, “a vocal minority”, or disgruntled groups of people who have their own agenda. Social media did not create a new need for clear, honest, and quick communication. However, it has showed us that this is a big part of the equation when dealing with a crisis and we all need a plan in place to deal with it. No one is ever completely ready for that loss of control or feeling of helplessness one experiences in a crisis. The good news is, with an effective social media component to your crisis management plan in place, you have a better chance at being successful. Here are my top five suggestions for
dealing with social media during a crisis: 1. Make sure that you have someone within your organization monitoring social media platforms, so that you know what information is being shared. 2. If the information that is being shared on social media is incorrect, have a plan in place to respond in a factual and non-confrontational way. 3. Make more friends. Identify third parties who can be valuable, credible allies during a crisis in case you need to call on them to put things into perspective and perhaps set the record straight. 4. Have a Twitter and Facebook list of all local media before a crisis happens. This will help you identify quickly which media outlets are
covering the story and whose live television truck may soon be parked in front of your building. 5. Be aware of your tone on social media. This is critical, as your reputation hinges on two-way trust. Understand your audience and make sure that even in social media posts you show leadership and in some cases compassion. Believe it or not, a crisis can in some cases be looked at as an opportunity for a School District and Board of Education to reestablish themselves through displaying leadership and strength. Even when all heck is breaking lose you must ask yourself, “How do I want to emerge from this crisis?” and make that your end goal.
The Journal – Connectic6ut Association of Boards of Education | June 2017 CABE Legislative Wrap-Up of the 2017 General Assembly What Happened and What Are the Implications for Your School District?
Tuesday, June 13, 2017 9:00 am – 11:00 am Legislative Office Building, Room 2A, Hartford Topics to be Discussed: Education Funding Teacher Retirement System High School Graduation Requirement Mandates – Some Good News, Some Bad News Task Forces Legal Updates
You can register by going to: http://www.cabe.org/page. cfm?p=1141. If you need more information, contact Gail Heath at: 860-571-7446 or email gheath@cabe.org.
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State Board of Education Meeting The May meeting of the State Board of Education included a presentation on the Design Principles for a New School Funding Formula in Connecticut by representatives from CABE, CAPSS, CAS, ConnCAN and CCER. The Principles had been presented to the State Board of Education’s Legislation and Policy Development Committee in April, and they requested a presentation to the full Board. Board members expressed their appreciation for the collaborative efforts that led to the development of these Principles. Following a discussion, the Board moved to add the item to its agenda as an action item and unanimously voted to endorse the Principles. The School Funding Design Principles (goo.gl/ DgGVIM) provided a framework for any new education funding formula. The State Board approved the continuation of several schools in the Commissioner’s Network, including Crosby High School and Walsh Elementary School in Waterbury
and Windham Middle School. Walsh Elementary School described its success in addressing chronic absenteeism by providing support to students dealing with trauma and creating a supportive school climate. The State Board also received a report on suspensions and expulsions in Connecticut. While pleased to see the decline in the total number of suspensions and expulsions, Board members expressed their concern with the disproportionately high rates of suspension and expulsion of Black and Hispanic students, as well as the continued use of suspension for students in pre-K to grade 2. The report confirmed that the pre-K students are receiving out-of-school suspensions for reasons not permitted by the statute. Efforts by the Meriden Public Schools to reduce the rate of suspensions and expulsions were highlighted. The Meriden Board of Education adopted policies designed to provide a
student centered learning environment as well as opportunities for learning outside the traditional classroom and school building. Strategies included summer learning opportunities, expanded use of technology, enrichment programs, personalized learning experiences, restorative practices, and professional learning for educators. The results include a 4.5% increase in the 4 year graduation rate, a 10% increase in student and staff perceptions of positive school climate, a 3.2% decrease in the percent of the chronically absent students, as well as 86% reduction in suspensions, 95% reduction in expulsions and 96% reduction in student arrests in the past 6 years. In addition, there has been an almost 300% increase in the number of students taking advanced placement/ early college experience courses. Patrice A. McCarthy DEPUTY DIRECTOR AND GENERAL COUNSEL, CABE
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The Journal – Connecticut Association of Boards of Education | June 2017
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:
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By ensuring members receive the most up-to-date communications: • •
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Developed YouTube video on Legislative issues. Prepared material for New London, Plymouth, Region #5, Stamford and Wethersfield Boards of Education as part of the Custom Update Service. Entered into a contract with the Ellington Board of Education for the Custom Update Service. Discussed updates on current legal developments and budget information at Region #13 Board of Education meeting.
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By helping school boards to increase student achievement:
Met with Jeff Villar on how the Connecticut Council on Education Reform (CCER), soon to merge with the Connecticut Business and Industry Association (CBIA), can work together with CABE on common issues. • Attended Connecticut Council on Education Reform/Connecticut Association of Schools conference on Supporting Disengaged Learners (see page 4). • Provided Lighthouse training, planning and community leadership sessions to Region #1, Stamford, Suffield, Waterbury, and Winchester Boards of Education. • Met with Steve Armstrong, State Department of Education (SDE) Social Studies Consultant, regarding Connecticut Certificate of Global Engagement FAQs. • Sent two issues of Policy Highlights via email listserv covering topics that affect student achievement. This included: graduation requirements, absenteeism, graduation issues, and the charging of meals. •
By promoting public education: • • •
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Attended SERC Conference on Dismantling Systemic Racism. Attended Pullman and Comley labor law symposium. Attended Welcome Reception for Dean Gladys Kersaint of UCONN’s Neag School. Met with a staff member of the SDE
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to discuss policies related to health issues. Hosted and attended the Connecticut School Public Relations Association (ConnSPRA) workshop on using social media.
By representing Connecticut school boards on the state or national level:
Discussed education issues in the Legislature on WTIC-AM. Participated in Special Education Independent Educational Evaluation Task Force meetings. Provided Legislative update at CREC Council meeting. Attended Connecticut Coalition for Justice in Education Funding Steering Committee (CCJEF)meeting. Attended Connecticut Association of Schools Board of Directors meeting. Participated in press conference with the Connecticut Conference of Municipality (CCM) and the Connecticut Coalition for Public Education on the Governor’s proposed teacher retirement cost shift to towns and cities. Participated in meeting of the Perfor-
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mance Evaluation Advisory Council (PEAC). Participated in meetings of the State Department of Education’s Birth to Grade 3 Leaders Committee. Represented CABE at State Board of Education meeting on Design Principles for a New School Funding Formula. Participated in meeting of Connecticut Coalition for Public Schools. Chaired meeting of the Digital Learning Advisory Council for the Connecticut Commission for Educational Technology. Attended meeting of the CAPSS Technology Committee. Presented at the Connecticut Education Network (CEN) Annual Conference. Represented CABE at Connecticut Association of School Business Officials (CASBO) Vendor Day. Attended the National Public Employers Relations Association in California.
• • •
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By providing services to meet members needs: •
Planned, implemented and presented
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Available in the CABE Online Bookstore!
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An excellent book for Board Members, Superintendents and Administrators! Understanding the Connecticut Freedom of Information Act (FOIA) 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
at successful workshop for Superintendent Secretaries. Met with Somers incoming Superintendent Brian Czapla. Hosted CABE/CAPSS Task Force on Demography and Diversity. Created a database of contract settlements and arbitration awards for non-certified school district staff. Met with Newtown Board of Education members regarding bonding for capital projects. Responded to 32 legal and general inquiries from 20 districts and five labor relations related inquiries. The “Hot” Legal topics this month were: installing video cameras and allowing SROs with body cameras in schools while complying with FERPA and protecting student privacy rights; board members abstaining from voting asking to vote yes or no post meeting; substantive revisions to meeting minutes; capital budgeting for school districts; start of a board member’s term after election in November; swearing in board members: procedures/policies which differ or conflict with provisions in the town charter; differences in due process required for certified and non-certified employees; outsourcing district services provided by union employees; reason for entering executive session. Materials were prepared for East Hampton, New Fairfield and New Hartford Boards of Education as part of the Customized Policy Update Service. Entered into a contract with North Stonington Board of Education to host the district’s manual online as part of the Connecticut Online Policy Service (C.O.P.S.).
By providing opportunities for members to learn how to better govern their districts:
Facilitated Roles and Responsibilities workshop for the Chaplin Boards of Education. Facilitated Board Retreats for the New Haven and New Milford Boards of Education. Responded to 54 requests for policy information to 28 districts, and one charter school on 46 topics. The topics of greatest interest include handling criminal justice information (fingerprinting of applicants) wellness, transgender youth, and issues pertaining to discipline. Further, districts continue to access CABE’s online Core Policy Reference Manual and/or online manuals posted by CABE for policy samples.
The Journal – Connecticut Association of Boards of Education | June 2017
SAVE THE DATE November 17-18, 2017 Mystic Marriott Hotel, Groton
“Out of the Public Schools Grows the Greatness of a Nation. ” – Mark Twain
Watch your email for more information.
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The Journal – Connecticut Association of Boards of Education | June 2017
EAST HARTFORD
(continued from page 1) the films is a multi-part documentary series called ‘Last Chance High.’” “Last Chance High” focuses on a middle school in Chicago “and it’s an alternative middle school—it is for kids who have been basically directed or diverted to that school because they couldn’t comport themselves in a way that’s satisfactory in mainstream public schools,” explained Peterkin. “The students in the series all have some sort of trauma—some of them are medicated, they come from broken homes, some of them have been involved with juvenile detention,” continued Peterkin. “And the kids at Synergy were able to relate to these kids because Synergy also has a similar population, not entirely, but they have a similar cohort of students who align with the kids depicted in the documentary.” Peterkin explained that the term “Breaking the Cipher” is a double entendre. “One meaning is in certain communities you might see a bunch of guys in a circle or just hanging out, having a conversation or even rapping; that conversation is called the ‘cipher’ and that is street vernacular,” he explained. “A cipher is also a code or encryption and with that we are speaking to breaking that code and getting people to talk to each other.” That type of communication and collaboration is at the heart of Project Lon-
gevity’s mission. According to its website, Project Longevity is “a group violence reduction strategy being implemented statewide that is based upon a dynamic partnership comprised of a comprehensive law enforcement contingent, a
. . .“thrilled to partner with Project Longevity at Synergy High School and for the opportunity it provides our students to engage with leadership concepts about making good choices, becoming active participatory citizens and breaking the cycle.” – East Hartford Board Chair Bryan Hall network of social service providers and the residents of New Haven, Bridgeport and Hartford.” Peterkin noted that Breaking the Cipher has worked to educate the East Hartford students about the potentially dire consequences of observing the street code of not talking to police. “We watched a film that deals with hip hop culture and its influence on street culture and the intersectionality
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of hip hop culture and street driven gun violence, and we talked about the street code – not snitching or working with law enforcement when there has been a street shooting or homicide,” detailed Peterkin. “A prosecutor came in and we are
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listening to the students and they’re like, ‘I get it; I think everything in the documentary film is right, but I am still not going to work with the police if I witness a crime,’” recalled Peterkin. The prosecutor and Peterkin were able to get through to the students by explaining that mentality can undermine the ability of justice being served for victims and their families. “The prosecutor was able to get into detail and talk about a case they had where this individual was set up by his close friend, shot and permanently disabled – but this victim still refused to provide testimony that would have provided a more serious sentencing outcome for the individual who did this great harm to him,” said Peterkin. “We just talked about the pervasiveness of that logic and also how it prevents or prohibits justice being served for the community but also the victim,” he added. “And the students got it; we were able to build upon content in the film.” Project Longevity “does a lot of outreach and engagement with schools like
VIEW
(continued from page 1) to allow precious time to be devoted to supporting student achievement, and • additional time to implement the complex provisions of the student data privacy requirements. These improvements in state education policy have bipartisan support in the legislature.
ACCOUNTABILITY
(continued from page 9) of continuous improvement that establishes growth targets and trajectories for student groups, schools, and districts on ESSA-required goals of academic achievement; increased rates of graduation;
Synergy” and works to convey “a message that is aspirational but also realistic about what that trajectory as far as street violence and incarceration would look like but also what the alternative trajectory would look like,” explained Peterkin. “If you’re on a certain path, how can you make some tweaks or some changes? Or recognize individuals who have strong interest in supporting you reaching your full potential and leveraging those relationships so you can go onto being successful?” added Peterkin. The program has received rave reviews from East Hartford students and school officials alike. “It was wonderful,” said Synergy student Kianjarey DeJesus. “Being able to talk to someone who had similar experiences as some of my family members was very interesting. I felt very comfortable speaking freely during this presentation.” “Students were very involved in the presentation. I have never seen students want to ask so many questions,” added Katelyn Cartwright, another Synergy student. Synergy Principal Craig Outhouse had high praise for Peterkin. “The work of Brent Peterkin is something that has greatly benefited Synergy students,” he said. “Our kids look forward to the visits. I believe programs such as this one can be invaluable to keeping students out of trouble.” Bryan R. Hall, Chairman of the East Hartford Board of Education, said East Hartford is “thrilled to partner with Project Longevity at Synergy High School and for the opportunity it provides our students to engage with leadership concepts about making good choices, becoming active participatory citizens and breaking the cycle.” Hall concluded, “As a former Hartford police officer, this type of work is near and dear to my heart. Our schools are proud to offer programs that address the realities our kids are facing and I am thrilled to be a part of this partnership in East Hartford.”
and progress toward English language proficiency.” The plan itself is comprehensive, and in some areas quite technical, containing about 268 pages, including comments from various stakeholder groups and lists of those who attended webinars, focus groups, and other means by which SDE included stakeholders in developing the plan. Information from this article was taken from SDE’s resources on ESSA: http://www.sde.ct.gov/sde/cwp/view.asp?a=2683&Q=336396. Thanks to Deputy Commissioner Cohn and SDE Chief Performance Officer Ajit Gopalakrishnan for their help with this article. Robert Rader EXECUTIVE DIRECTOR, CABE
The Journal – Connecticut Association of Boards of Education | June 2017
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Highlights from the
Spring Meeting of Superintendents’ Secretaries, Administrative Assistants and Executive Assistants
Jennifer Parzych, Assistant Professor, Southern Conncticut State University; Margaret Generali, Associate Professor, Southen Connecticut State University spoke about the impact of anxiety in school districts and what can be done.
Patrice McCarthy, Deputy Director and General Counsel, CABE (above) shared with participants the latest legislative news from the State Capitol; and Rebecca Adams, Senior Staff Attorney, CABE (left) gave participants an update on the latest legal decisions affecting school districts.
Lisa Steimer, Senior Staff Associate for Professional Development (above) led a discussion on communications in school districts. Participants shared what works in their districts and asked questions of each other.
Stamford Public Students by Grade Residing in Recently Built Large-Scale Developments 250
12th
11th
200
10th
9th
150
8th
7th
6th
5th
4th
3rd
2nd
1st
330 Total
362 Total
389 Total
100
50
0
Elem Middle High 2010
Elem Middle High 2011
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The Journal – Connecticut Association of Boards of Education | June 2017
Serving the Legal Needs of Connecticut’s Boards of Education Pullman & Comley’s School Law practice works with school districts, their boards of education and administrators to find practical, innovative and cost effective solutions to the legal issues they face. We provide legal counsel to school districts in connection with reviewing and revising policies and procedures, Freedom of Information Act issues, student discipline matters, and addressing other challenges school districts face on a daily basis. Additionally, our attorneys have significant experience in successfully representing school districts with respect to: O
Special education issues
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All aspects of employment and labor relations matters, including collective bargaining and counseling concerning employee discipline issues
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Cases in the federal and state courts and before administrative agencies
William R. Connon 860.424.4385 wconnon@pullcom.com
Jonathan B. Orleans 203.330.2129 jorleans@pullcom.com
Rachel L. Ginsburg 860.424.4372 rginsburg@pullcom.com
Stephen M. Sedor 203.330.2137 ssedor@pullcom.com
Donald F. Houston 203.330.2245 dhouston@pullcom.com
John P. Shea, Jr. 860.424.4387 jshea@pullcom.com
Melinda B. Kaufmann 860.424.4370 mkaufmann@pullcom.com
Mark J. Sommaruga 860.424.4388 msommaruga@pullcom.com
Michael P. McKeon 860.424.4386 mmckeon@pullcom.com
Zachary D. Schurin 860.424.4389 zschurin@pullcom.com
Please visit Education Law Notes, our school law blog that covers issues of great interest to school districts, including labor and employment, special education, gender and disability rights, FOIA, social media, bullying and policies and procedures at http://schoollaw.pullcomblog.com/.
pullcom.com
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