CABE Journal - May 2017

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Connecticut Association of Boards of Education Vol. 21, No. 5

View from the Capitol

The Leading Voice for Connecticut Public Education

May 2017

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

WELCOME SPRING!

State Board of Education

Patrice A. McCarthy

Patrice A. McCarthy

DEPUTY DIRECTOR/GENERAL COUNSEL, CABE

DEPUTY DIRECTOR/GENERAL COUNSEL, CABE

While there are a multitude of bills that await action by the Legislature, the state budget, including education funding, remains a primary concern for all legislators. The budget uncertainty is likely to continue, exacerbating stress at the local level.

However, there are numerous bills before the legislature that would provide relief from burdensome mandates on school districts and allow for the more efficient and effective delivery of public education.

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 to allow precious time to be devoted to meeting the needs of educators, and additional time to implement the complex provisions of the student data privacy requirements are among the bills supported by the Education Committee.

With bipartisan support in the legislature – and continued calls for action by board members and superintendents – this is the opportunity to make improvements in state education policy.

The State Board of Education acted on several major issues at their April meeting.

After significant discussion, they voted to approve the recommendation of the Performance Evaluation Advisory Council concerning the role of state mastery test data in the Connecticut Educator Evaluator and Support System. The recommendation calls for the use of state test data in forming goals and professional development for individual educators, as well as an item of discussion at the summative

Could Grievance Arbitration Decisions Nullify Binding Arbitration Awards?

Rebecca Adams

SENIOR STAFF ATTORNEY, CABE

That is the question soon to come before the Connecticut Appellate Court.

On March 3, 2017, Superior Court Judge J. Pickard denied the New Milford Board of Education’s request to vacate a grievance arbitrator’s decisions which granted the teacher union compensation in direct conflict with an earlier binding arbitration panel decision not to award any compensation.

The School Board immediately filed an appeal and the schedule for briefs and arguments is pending. The CABE Board of Directors authorized staff to submit an amicus curiae brief in support of the New

Milford Board of Education’s arguments.

In the fall of 2014 the New Milford Board of Education determined that it wanted to add instructional hours to its student school year. After considering various options, the Board decided to eliminate several early dismissal days to generate approximately 20 more hours of student teacher instruction.

Pursuant to Connecticut law, the length of the student school day or the student school year is not a mandatory subject of bargaining. And, while the number of additional student teacher contact hours was also a non-mandatory topic of negotiation, the Board had to give notice to the union of its intentions because the teachers were entitled to request impact negotiations concerning potential for an increase in work load.

The Board of Education’s last best offer was that there be no new contract lanSee GRIEVANCE ARBITRATION page 8

See STATE BOARD page 2

CT Leaders at NSBA Delegate Assembly and Conference Patrice A. McCarthy DEPUTY DIRECTOR/GENERAL COUNSEL, CABE

Connecticut was well represented in all aspects of the recent NSBA Annual Conference and Delegate Assembly.

At the Delegate Assembly, where NSBA adopts its positions for the upcoming year, Lydia Tedone was reelected to the NSBA Board of Directors representing the Northeast Region. Representing Connecticut were: CABE President Ann Gruenberg, First Vice President Bob Mitchell, Vice President for Government Relations Donald Harris as delegates, and Vice President for Professional Development Elizabeth Brown and Secretary/Treasurer See CT LEADERS page 7

Effectiveness of the Alliance District Program

See You in Court

Policy Direction Field Trips

So, What’s Your Iceberg?

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The Journal – Connecticut Association of Boards of Education | May 2017

PRESIDENT COMMENTARY

Reflections on Inflection Points Ann Gruenberg PRESIDENT, CABE

The peep frogs and crocuses are emerging anew, evoking wonder and joy.

In spite of a burst of snow in early April, the natural world is continuing to bloom and balance the elements. Much-needed rain is soaking into the earth. This spring seems more glorious than ever, perhaps in part because of the juxtaposition with the systems created by human beings, some of which work well, and others that throw off the balance, equilibrium and equity.

The winter season was especially fraught with tensions and questions, challenges and changes. As members of boards of education and administrators, we have collaborated to seek solutions and resolution. Budgets have been challenging.

While in Connecticut the legislature considered providing extra time to municipalities regarding budget deadlines, ultimately the functions and responsibilities of districts continue to exist. We recognize the pressures experienced by local districts trying to project expenditures with incomplete information, as the Legislature continues to review options.

Our local context is perhaps better understood from the viewpoint of national systems. CABE is part of a much larger network, through the National School Boards Association (NSBA). There are, of course, differences among and between states, but there are also federal programs

Professional Development Opportunities May 25, 2017 Collective Bargaining 8:30 am Registration 9:30 am - 12:00 pm Program Four Points Sheraton, Meriden May 25, 2017 So You Might Want to Be a Board Member 5:30 - 7:30 pm Hamden Public Schools, Boardroom, 1st floor, 60 Putnam Ave., Hamden May 29, 2017 So You Might Want to Be a Board Member 6:00 - 8:00 pm Windsor Public Schools Central Office 601 Matianuck Ave., Windsor June 13, 2017 Legislative Wrap-Up 8:30 am Registration 9:00 am - 12:00 pm Program Legislative Office Building, Hartford

and initiatives that affect all of us. Staying connected with the national organization ensures that we are up-to-date with recent changes. The NSBA Conference held in Denver, Colorado in late March, validated the collective focus, with many excellent sessions packed to capacity, filled with eager participants seeking information, perspectives and support.

In addition to the invaluable networking with colleagues from across the country, there were motivational speakers who conveyed powerful messages regarding the important work we all do. The term “inflection moment” or “inflection point” was heard more than once to describe our current socio-political situation.

This term resonated, though its meaning was not immediately explicitly clear.

The dictionary acknowledges different meanings in different contexts. Engineers and physicists may use it to describe forces. Mathematicians and statisticians may use it to describe a change in the curve of a graph.

In our context, it can be used to describe seizing opportunity in adversity.

“Carpe Diem”, “game changer” “paradigm shift” are other related terms.

Ultimately, we all need to maintain our equilibrium in order to continue to be ef-

STATE BOARD

(continued from page 1) evaluation conference. It provides that state test data cannot be included in the calculation of the rating in the formative evaluation, or in calculating goal attainment.

The recommendation was based on the positive developments in educator evaluation at the local level, which include the use of student benchmark assessments.

Some State Board members expressed concern that since Connecticut’s Mastery Tests are used as an accountability measure under ESSA they should also be used in the Educator Evaluation System.

The State Board of Education approved continued participation in the Commissioner’s Network for schools in New Haven, Norwich and East Hartford. Among the promising practices identified in these schools were the use of social workers

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

fective. Staying balanced and centered increases the likelihood that we will be able to cope without being reactive. We need to sustain focus together as advocates for public education. This is not always easy, but it is always important.

In this moment of inflection, we need to recognize and respect those systems that have demonstrated resilience, along with enduring values that enhance the quality of public education for students in the United States of America. This is a time to center, to reflect, and to take action as needed. Collectively, we must keep goals in clear perspective so we can continue to ensure educational opportunities in public schools. and trauma clinicians to assist students who are experiencing trauma in their lives outside of school, as well as anger management initiatives.

The State Board of Education also renewed the charters of the Integrated Day Charter School in Norwich as well as the Bridge Academy in Bridgeport. The Bridge Academy was placed on probation, however, due to concerns about the performance on the Smarter Balanced Assessment and high rates of suspension.

School staff took responsibility for failing to recognize the demands of the Common Core and the needs of their incoming students in order to demonstrate academic achievement. They have implemented efforts to reduce the suspension rate by developing small quiet spaces for students to prevent their behavior escalating and resulting in suspension.

CABE’s Unemployment Cost Management Service CABE partners 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,

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 Director, East Hartford 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 | May 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 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 EDUCATION CONNECTION LEARN Unified School District #1

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EXECUTIVE DIRECTOR COMMENTARY

Truth, Reconciliation and Our Path Forward

Robert Rader

EXECUTIVE DIRECTOR, CABE

After the system of strict racial separation and white superiority known as “apartheid,” fell in South Africa, uncertainty and violence continued. Some members of South Africa’s previous government, army, police and other authorities had committed awful crimes against blacks, especially, but not limited to, those fighting for an end to apartheid.

I watched what happened in South Africa carefully because my wife, Megan, is originally from Johannesburg and we visit her family there every few years.

In order to move forward, Nelson Mandela and his followers established commissions which would hear the “confessions” of those who had committed atrocities, in return for their freedom from further prosecution. The result of these commissions was to put “on the record” stories of what actually had happened in the dark days of great violence.

Just as importantly, the commissions provided a cathartic tonic to the people of the nation, binding them in a true understanding of their history, both good and bad. While certainly there were and still are, South Africans who believe that there should have been much more severe punishment handed out to the former authorities, overall, the commissions served a noble purpose: No longer would South Africans treat other South Africans with such illegal and immoral violence.

Together with Mandela’s skill in uniting blacks and whites, the country, while still suffering from the legacy of apartheid, became one as never before. In order for the system to work right, the accused faced their victims in courtroom-like environments that never would have happened in the days of apartheid.

The process caused many to examine their prior beliefs in a nationwide consciousness-raising. After the difficult “truth-telling”, the accused, forgiven in the eyes of the law, but not forgotten, returned to society.

CABE Diversity Work

Over the last year, the CABE Board of Directors’ Ad Hoc Committee on Diversity, under the leadership of Vice President for Government Relations (and new member of the State Board of Education) Donald Harris and with the assistance of CABE Past President and Superintendent Search Consultant Mary Broderick, has wrestled with the issue of how best to meet its charge:

A. Work to ensure that there is diversity (in particular, people of color) and sensitivity to diversity in all of CABE’s work.

B. Encourage boards of education, school and district leaders, as well as State Government to continue to consider the importance of diversity and multiculturalism in public education.

As part of its work, the Committee has discussed issues such as institutional racism, barriers to educational success faced by some students of color and the lack of diversity on boards of education.

The latter is particularly concerning because studies show that almost half of our students are children representing diverse cultural groups. Research shows that when board members represent all segments of their communities, they are more likely to adopt policies more sensitive to all students’ needs.

In partnership with UConn’s Neag School of Education, we surveyed Board Chairs to help us determine the racial makeup of their Boards as a means of providing factual data to inform the Committee’s decisions.

The Committee or its individual members have met with members of the NAACP, State Board of Education, Eastern Connecticut State University President Dr. Núñez and others. We will be presenting two new So You Might Want to Be A School Board Member workshops, aimed specifically at discussing how School Board Members are chosen, with the intent of encouraging more people of color to run for office.

Diversity in Connecticut

Why did I start this editorial with the story of the Truth and Reconciliation commissions in South Africa? Because what I have learned in the relatively short time the CABE Diversity Committee has met, is the importance of facing our own beliefs as we deal with issues of race in Connecticut and across the nation.

Over the last couple of years across the country, discussion of racial issues has been a hugely reported-on issue. This is contrary to an American tendency not to want to discuss these difficult issues.

However, they are a critical part of how our society functions, that it has become more and more difficult to shy away from such issues.

Here in Connecticut, even as the “solutions” to our achievement gaps and desegregation have been the focus of considerable money and effort, many people put

these issues aside. We do not “play up” the fact that we spent and continue to expend much money on magnet schools, Project Choice and other attempts to integrate our schools. Rarely is that work (much of it due to the Sheff decision) described as an attempt to honor the spirit of Brown v Board of Education and teach our students about the diverse world in which they will grow up.

For many of us, some of the concepts inherent in discussions of racial issues are very different from those with which we grew up. For example, “white privilege” is a perception (some would say “fact”) which suggests that white people in our society have certain advantages as a result of their race. As the majority of people in our country are white and have been in positions of power throughout our history, society naturally provides whites with certain advantages that have to be “earned”, if they are possessed at all, by people of color.

“Institutional racism” is expressed in the practice of social and political institutions. Like white privilege, there may not have been any intentional racism by individuals that has resulted in these situations. However, institutional racism is reflected in disparities regarding criminal justice, employment, housing, health care, political power and education. Institutional racism may be unnoticed since it is not always obvious.

Whether or not you believe that there is white privilege or institutional racism, some of the most effective ways of understanding the needs of nearly half of our population is to look inward on these issues. This is usually best done with the help of others in discussion.

We urge all boards to discuss these issues. We believe that school boards are often the “convener of their communities” and hope you examine these issues. The Diversity Committee is dedicated to helping Boards as their communities change.

Understanding the truth of what we believe and reconciling it to our own actions on these issues is not easy. However, the Diversity Committee will continue to encourage our boards to look inward and think about how best we can address these issues.

The Journal – Connecticut Association of Boards of Education | May 2017

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Effectiveness of the Alliance Districts Program Robert Rader

EXECUTIVE DIRECTOR, CABE

The Connecticut Council for Education Reform (CCER) recently released “Bringing the Alliance District Program into Focus”, a study by the University of Connecticut’s Neag School of Education.

Started in 2012, the Alliance District program provides 30 of Connecticut’s highest-need districts increased state funding in exchange for annually producing district improvement plans, which they then implement. The money was to go to innovation, but often was used, as permitted by SDE, to cover “much more routine expenses due to reductions in local spending.”

The study analyzed effectiveness of the plans, “as well as the link between these plans and some of the positive outcomes that districts within the program have seen over time.” There were two main findings.

Below them are Action Steps that were suggested:

“Each year, the state made changes to both the scope and the requirements of the Alliance District program—likely reducing impact.”

The format for the plans and the requirements for them have changed “each and every year. They became a moving target into which districts were required to “fit” their improvement strategies. By making these planning tools inconsistent and sometimes overly prescriptive, the state has impeded districts’ ability to focus on a small set of initiatives over the long-term…”

Action Step:

“Develop a research-based planning tool to support focused and thoughtful district improvement work, and implement it consistently.”

“An analysis of the plans of all 30 Alliance Districts over the life of the program suggested that districts need increased professional development on effective strategic planning practices.”

Since the program is state-led, the “district improvement effort is an opportunity to build leadership capacity within the Alliance Districts. To that end, the state should allocate time and resources towards developing district leaders’ knowledge and skills in strategic planning for district improvement.”

The study found “trends in plan effectiveness among districts that are showing improvement… eight districts [showed] more improvement than their peers on… selected indicators.” These indicators included changes in district-wide SBAC Math and ELA scale scores.

Here are some recommendations the study drew from the successful districts: • “Build over-time upon a small and consistent group of core interventions.

• Couple new initiatives and infrastructures with capacity-building activities so that these efforts support one another.

• Monitor… progress using data on both implementation of new initiatives and student results.”

Action Step:

For districts in need of the most intense tier of state intervention, require the CSDE to provide specific, technical support and professional development on how to: • Develop and implement impactful improvement plans; • Guide planning and the selection of improvement priorities by monitoring data both on the implementation of interventions and their impact on student learning; and • Effectively communicate strategies to ensure all stakeholders understand the district improvement plan.”

The entire study can be found at http://ctedreform.org/wp-content/uploads/2017/03/Alliance-District-Study.pdf.

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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 | May 2017

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See You in Court – The Nutmeg Board of Education

Was Nutmeg’s line item transfer permissible? Did they violate FOIA? 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.

As Chair of the Finance Committee of the Nutmeg Board of Education, new Board member Penny Pincher is deeply concerned about the budget next year.

Given the uncertainties regarding state funding, Seymour Dollars, venerable Chairperson of the Nutmeg Board of Finance, made good on his threats, and he and the other members of the Board of Finance have recommended a “no-increase” budget to the voters to approve at the upcoming referendum.

As a result, the Board of Education was forced to cut many items from its budget for next year, including new Chromebooks for Acorn Elementary School and new band uniforms.

By contrast, the Board has done well with its budget this year. For the first time in recent memory, special education expenses have been below budget for a number of reasons, including that two children in expensive out-of-district placements moved out of town.

Indeed, the actual expenses for special education for the current year are predicted to be around $300,000 less than budgeted. Consequently, Penny sees an opportunity to mitigate the damage she expects to the school system next year.

She sent Ms. Superintendent an email with her idea – buy the Chromebooks and band uniforms now! By using the unspent funds now, she reasoned, the Board can achieve two of the goals it had when it submitted its original budget to the Board of Finance.

By return email, Ms. Superintendent told Penny that she thought Penny had a great idea and that she would promptly make arrangements with the Business Office to purchase the Chromebooks and the band uniforms this year. Being politically astute, however, Ms. Superintendent included all the other Board members on the email, because she did not want any of the Board members to accuse her of not being transparent.

As one might expect, the other Board members were not all in support of Penny’s idea. Red Cent, in particular, was incensed by what he saw as an end run on the Board’s opportunity to return unspent funds to the Town at the end of the year.

Red expressed his strong displeasure in a “Reply All” email, and he even copied Seymour Dollars on his response.

Of course, then Seymour got involved, and he threatened the Board members that such expenditures were unauthorized because they were not presented to the Town for its approval last year for this year’s budget.

Penny and Ms. Superintendent didn’t want trouble, but they felt strongly that the students will suffer if the Board doesn’t at least replace the Chromebooks at Acorn.

Accordingly, Penny responded to Red, Seymour and the other Board members that she and Ms. Superintendent will drop the idea of replacing the band uniforms, but that they will authorize the purchase of the Chromebooks as an “educational emergency.”

Seymour was not mollified, and in a responsive email, Seymour referred vaguely to “dire consequences” if Penny and Ms. Superintendent go ahead with their plan to deprive the Town of the surplus funds that it rightly deserves to receive.

Can the Nutmeg Board of Education go ahead with the plan hatched by Penny and Ms. Superintendent to expend the funds this year from the special education line item to buy Chromebooks?

The proposed action is permissible, but the way that Penny went about it was all wrong. Boards of education may make line item transfers of the funds appropriated for school purposes, but in doing so, they need to follow statutory procedures.

Each spring, boards of education in Connecticut must prepare and submit to the fiscal authority an itemized estimate of the funds needed for the coming year.

Considering that estimate in light of the other needs of the municipality, the fiscal authority makes an appropriation to the board of education.

The board of education must then keep expenditures within the limits of that appropriation (along with other funds received for school purposes), and the board of education may not borrow money. Rather, if additional funds are needed during the course of the year, the board of education must request a supplemental appropriation from the municipality.

That said, under state law the board of education has significant discretion to expend the funds appropriated to it.

Conn. Gen. Stat. Section 10-222 provides that “the money appropriated by any municipality for the maintenance of public schools shall be expended by and in the discretion of the board of education” (emphasis added).

Moreover, in exercising that discretion, boards of education may “transfer any unexpended or uncontracted-for portion of any appropriation for school purposes to any other item of such itemized estimate.” Id. However, the statute prescribes

procedures for such transfers, which procedures both Penny and Ms. Superintendent ignored.

Specifically, the statue contemplates that the board of education itself will make such transfers unless “the urgent need for the transfer prevents the board from meeting in a timely fashion to consider such transfer,” in which case designated persons may make transfers up to the limits the board of education sets when it designates such person (e.g., the superintendent).

Here, there is no urgent need for a line item transfer, and thus the question of transferring funds from the special education line item to buy the Chromebooks should have come back to the Board as a whole.

Even when such urgent circumstances are presented and a delegate must make a transfer, the statute imposes additional requirements: (1) the transfer must be announced at the next regular board meeting, and (2) the board of education provide a written explanation of the need for the transfer to the legislative body of the town.

In addressing these statutory requirements, boards of education should be careful to define “line item” broadly so

that the duties associated with transfers are rarely triggered. In that regard, an amendment to the statute from 2013 is helpful.

It provides that the “itemized estimate” that boards of education must submit to the town in the budget process “means an estimate in which broad budgetary categories including, but not limited to, salaries, fringe benefits, utilities, supplies and grounds maintenance are divided into one or more line items.” Given this statutory provision, it is appropriate for boards of education to define “line item” broadly for these purposes.

Finally, again we see the Nutmeg Board of Education violating the Freedom of Information Act. A “meeting” under the FOIA includes communications to and among a quorum “to discuss or act upon” matters under the agency’s jurisdiction.

Here, as soon as Mr. Superintendent hit “Reply All,” she essentially invited the Board to conduct an illegal discussion of the budget over email in violation of the FOIA, which invitation the Board promptly accepted.

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 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 | May 2017

The Policy Corner Vincent A. Mustaro

SENIOR STAFF ASSOCIATE FOR POLICY SERVICE, CABE

Policy Direction Recommended for Field Trips Field trips are exciting educational opportunities for students and teachers.

They enhance the educational experience for students and provide them with opportunities to learn outside the classroom. Field trips can be fun, different, exciting, exhausting, and a break from the school- day routine. However field trips have ramifications far beyond getting the students out of school for a period of time.

Students For students, the field trip is to the

classroom what the big game is to athletes.

Field trips are a way to provide hands-on learning and/or a reward for long hours in the classroom. The field trip is an event that most people would view as a memorable experience for students, teachers, administrators and parents alike. When children see and experience new things, it kindles interest and reinforces what was learned in the classroom.

District Regretfully, budgetary issues and the

concentration on certain limited areas of the curriculum are placing field trips in jeopardy. Field trips should not be viewed as an extra, but regarded as a valuable part of the school curriculum. A lot of learning is experiential.

Field trips vary by school and district. These experiences should be closely aligned to the curriculum and be age appropriate. Field trips provide experiences for some students they would not get otherwise.

While these trips are informative and eye-opening experiences for many students, they require planning and special considerations, especially related to student health needs. Federal laws afford all students, including those with special health care needs, the right to participate in these educational experiences.

Field Trips

Successful field trips result from collaboration and team planning among school administrators, teachers, school nurses, other school staff, parents and students. Further, school districts should have districtwide policies and procedures that inform team planning regarding field trips.

Field trips involving district students are either school sponsored or non-school sponsored. School district liability hinges on this distinction. The answer should

be very clear to the district and to the parents. The board’s policy should be sufficiently clear, especially in the case of foreign field trips, as to whether the trip is board sponsored or not.

Many trips are offered by school districts regularly. The Regulations of Connecticut State Agencies, §10-212a-1, states “Field trips are trips that school districts offer to enhance or supplement the educational experience of students.

Field trips include events or activities where students leave the school grounds for the purposes of curriculum-related study (part of the classroom experience), or outdoor education. These trips range from a few hours during the school day to extended overnights and even out of the state or country.”

A field trip is commonly defined as “a journey by a group of students, away from the school premises, under the supervision of a teacher, which is an integral part of an approved course of study and conducted for the purpose of affording a first-hand educational experience not available in the classroom.” The trips should reinforce the curriculum at each grade level. In general, the same students should not be going to the same locations each year because the curriculum changes

The Policy

A good policy must be clear, legal and workable. A comprehensive field trip policy permitting school-sponsored field trips should: • Include a procedure for administrative approval within the school system, which should be based in part on educational relevancy.

The trips must be well planned, properly timed, and related to learning activities, or to district goals and objectives.

• Ensure that district insurance is adequate.

• Establish chaperon selection process, criteria and ratio. Student safety must be of prime concern.

Adequate supervision must be provided by staff aided by other adult chaperons as necessary.

• Require appropriate information to be shared with students and parents/guardians.

for each grade. Each local district has the responsibility to determine its own individualized definition and policies.

General agreement exists that field trips are important. Therefore, it is helpful to start a district policy on this topic with a positive encouraging statement. Examples of such a statement are: “The Board of Education recognizes that field trips, used as a device for teaching and learning integral to the curriculum, are an educationally sound and important ingredient in the instructional program of the school.”

“The Board of Education considers student excursions that integrate educational

Policy Implications

• Provide training for chaperons as deemed necessary.

• Ascertain the costs.

• Require written parental/guardian permission.

The school nurse must determine what aspects of care may be delegated to qualified school personnel, including medication administration if a school nurse is not going on the trip and there are nursing procedures or medications to be administered by qualified school personnel.

Administrative Regulation

An administrative regulation is recommended to accompany the field trip policy to insure the safety and well-being of students will be protected at all times; that each field trip is properly planned, integrated with the curriculum and followed up by appropriate activities that enhance its usefulness; that the effectiveness of field trips is monitored and continually

programs with the resources of the community to be a vital part of the education program. Carefully planned field trips that are directly related to adopted curriculum are encouraged.”

“Field trips can provide students with effective and meaningful learning experiences.”

Some district field trip policies indicate the district will bear all expenses of field trips included in curriculum guides. Other districts ask for a parental contribution.

However, arrangements should be made, so that no student is denied the right to participate in a field trip because of the inability to pay.

evaluated; that teachers have a degree of flexibility and innovation in planning field trips; that no field trip will be approved unless it contributes to the achievement of specified instructional objectives; and that teachers are not permitted to make on-site alterations to a trip itinerary, except where the health, safety or welfare of students is imperiled or where changes or substitutions beyond the control of the teacher have frustrated the purpose of the trip.

Also consider for inclusion in the policy this useful provision, “The administration reserves the right to deny the participation for any student on any overnight field trip based upon a record of inappropriate behavior and/or poor attendance pattern.”

Policy #6153 and an accompanying administrative regulation pertain to this topic. Many existing samples are currently available.

The Journal – Connecticut Association of Boards of Education | May 2017 CT LEADER

(continued from page 1) Bob Trefry as alternates.

The Delegate Assembly adopted positions proposed by CABE addressing the use of multiple measures in student assessment, greater personalization of education, the reauthorization and full funding of the Individuals with Disabilities Education Act, elimination of the “Cadillac Tax” on school district health plans, and resources for school safety and mental health services.

The Delegate Assembly also adopted a resolution supporting the recruitment and retention of high quality and effective teachers and administrators, with an emphasis on increasing racial diversity among educators. This position is in line with the work being undertaken by CABE’s Diversity Committee.

During the NSBA Conference, Bob Rader, Patrice McCarthy and Rebecca Adams presented a workshop “Ten Practices to Avoid Liability”. Mary Broderick and Jack Reynolds presented “2020 Vision - A New Role for a New Era: Governance to Empower Teams for Excellence and Innovation”, and Gary Brochu, Attorney, Shipman & Goodwin and Brian Benigni, Assistant Superintendent, Berlin, discussed “From Awful to Award Winning: One Board’s Path to Excellence”. Patrice McCarthy hosted the “Boot Camp” session for attorneys new to the practice of school law at the Council of School Attorneys Law Seminar. Lisa Steimer facilitated the meeting of State Association Convention Managers.

The Connecticut attendees also had the opportunity to bring back information from around the country gathered from the many workshops and general sessions.

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.

7

CT Presents Workshops at NSBA Conference

Bob Rader, Patrice McCarthy and Rebeccca Adams, CABE, delivered a workshop on the “Ten Practices to Avoid Liability.”

Brian Benigni, Assistant Superintendent, Berlin and Gary Brochu, Attorney, Shipman & Goodwin, presented a workshop on “From Awful to Award Winning: One Board’s Path to Excellence.”

Mary Broderick and Jack Reynolds presented a workshop on “2020 Vision - A New Role for a New Era: Governance to Empower Teams for Excellence and Innovation”.

In the News Lydia Tedone (Simsbury) was reelected to the NSBA Board of Directors as a representative from the Northeast Region. Congratulations Lydia!

Book Review:

Three Questions Board Members Should Ask About Social Media Lisa Steimer

SENIOR STAFF ASSOCIATE FOR PROFESSIONAL DEVELOPMENT, CABE

In Embracing Social Media: A Practical Guide to Manage Risk and Leverage Opportunity by Kristin Magette, APR, Director of Communications for Eudora Schools in Eudora, Kansas a strong case is made for school districts using social media.

Below are some thoughts from Magette’s book that are relevant to school board members.

There are a number of benefits to school districts using social media. The benefits included: • Communicate with parents and patrons • Engage with parents • Support employees • Protect your district’s reputation If there are benefits to a school district using social media, why are people afraid of using social media? Often, times the answer is that “angry people will make us look bad”.

Well, the reality is that people may be posting inaccurate information about your school district on social media. By not using social media, your school district is not a part of the conversation.

The district is allowing the conversation to “flourish unchecked and without your (the district’s) consistent, informed, and calming voice”. Use social media to engage in a two-way conversation that finds solutions and shares accurate information.

So what can the board do when presented with social media plans and/or policies? Ask questions.

Three questions board members should ask about district social media planning and use: • How does this create more opportunities for students?

• How are we keeping our students, staff, and district free from harm online?

• How will this build trust between district officials, families, and community members?

Magette closes her book with “Ultimately the power of social media in education is much less about how it is used – and much more about the fact that it is used. The specific uses of social media will look different as the tools we know today change, and new ones emerge.

But what is certain to remain constant is the fact that these tools will enable educators and leaders to embrace the digital world and use it to ever improve our efforts to teach, communicate, and grow.”

How Board Members Can Use Social Media to Support Their School District 1. Share factual information.

2. Retweet/share posts made by their school district.

3. Post on Facebook or Twitter and text people to share/retweet.

4. Use the “Mom Test” for anything you post or tweet. Is it something you would want your Mom to read? If not, don’t post or tweet it.

5. Above all else, as with email, be aware of creating a ‘meeting’ by replying all.

Lisa Steimer SENIOR STAFF ASSOCIATE FOR PROFESSIONAL DEVELOPMENT, CABE

“A leader takes people where they want to go.

A great leader takes people where they don’t necessarily want to go, but ought to be.”

– Rosalynn Carter

8 Grievance Arbitration

(continued from page 1) guage, i.e., the teachers not be compensated for working the approximately 20 additional hours over the course of the school year.

The Board also argued that the teachers were already being compensated for that 20 hours by the three year teacher salary settlement (which was not an issue in arbitration). The arbitration panel adopted the Board of Education’s proposal that no new language be added.

The Union did not attempt to vacate the interest arbitration panel’s award.

The Board of Education then developed a school calendar for the 2015-2016 school year eliminating 10 early dismissal days and requiring teachers to work two hours more on those 10 days, as mandated by the arbitration award. The Union then filed a grievance saying that the Board was violating the contract be-

The Journal – Connecticut Association of Boards of Education | May 2017 cause there was no language authorizing the Board to require them to work the additional 20 hours without additional compensation.

A grievance Arbitrator appointed by the American Arbitration Association was fully informed that the Board had exercised its right concerning the length of the student school year, a non-mandatory topic of negotiation, and had prevailed in interest arbitration.

Nevertheless, the Arbitrator ruled that because there was no new language, each teacher in New Milford should retroactively receive 20 hours of pay, at their per diem rate, for work done during the 2015/2016 school year. The value of the arbitrator’s award exceeds the estimated value of the Union’s last best offer submitted a year earlier in interest arbitration.

The New Milford Board of Education appealed that decision to the Superior Court arguing that the issue was not

CABE’s Leadership Institute March 8

Public Education in Connecticut Challenges and Opportunities speaker Commissioner Dianna Wentzell.

March 29

arbitrable for several reasons, including that the length of the student school day is a non-mandatory subject of bargaining, the district gave notice of and conducted impact bargaining on the subject as required, and this exact issue, teacher compensation for the additional 20 hours, had previously been determined in the district’s favor in binding arbitration.

However, Judge Pickard ruled against the district and upheld the grievance arbitration award.

Shortly after appealing the decision to the Appellate Court, the school district’s counsel, Pullman and Comley, LLC, filed a motion for articulation, requesting that the trial court more fully describe the legal and factual basis for its decision.

More specifically, they asked that the trial court articulate the analysis for its conclusions that the case is arbitrable where the district provided proper notice of the commencement of impact bargaining, and did bargain regarding the school day, and the fact that the student work day is not a mandatory subject of bargaining.

Forum on Educational Access and Eliminating Discrimination Motivated by concerns about proposed cuts in state education aid, the Commission on Human Rights and Opportunities recently organized a forum on “Educational Access and Eliminating Discrimination”. The panel included representatives from the Connecticut Federation of Teachers, the State Education Resource Center, the Commission on Human Rights and Opportunities and Patrice McCarthy representing the Connecticut Association of Boards of Education.

Issues discussed included the pending

Getting the Message Out was the topic of discussion presented by Ann Baldwin and staff from Baldwin Media.

McCarthy Interviewed by FOX61

William Connon, one of the attorneys representing the New Milford School District, explained that they filed the motion because the decision contained very little discussion of the factual and legal basis upon which the trial court relied when deciding those particular issues. “We hope that the motion will be granted and the resulting explanation will resolve the ambiguities in the current decision and sharpen the issues on appeal.

When we are before the Appellate Court, we want to be clear about, and want the Appellate Court to understand, the trial court’s reasoning so that we can successfully argue for the reversal of the decision” he explained.

The Appellate Court has not yet given any indication when it plans to act on the motion for articulation. Arguments on the merits of the appeal are not expected to be held until late in 2017. We are watching this case very closely and will keep CABE members informed about our amicus brief and developments in the case.

school funding case, CCJEF v. Rell. Panelists expressed concerns that the proposed reduction in state aid would lead to reduced opportunities for students as a result of increased class sizes, reduction in support from paraprofessionals, and elimination of courses with small enrollment.

Panel members agreed that the need for advocacy for public education at the state and federal level has never been greater.

Patrice A. McCarthy DEPUTY DIRECTOR/GENERAL COUNSEL, CABE

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.

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 Fees Jenn Bernstein from Fox61 News interviewed Patrice McCarthy, Deputy Director and General Counsel, CABE, regarding a letter sent to President Trump from CABE, CAPSS, CEA and CFSA, asking that deportations not be on school grounds, that learning not be interrupted, school and activities be immune to deportations and federal agents be prohibited from apprehending students. See the complete interview at https://www.youtube. com/watch?v=jK4iekKdFL0

Initial Subscription – $3,000 Annual Maintenance – $1,500

If you have an interest in this service, contact Lisa Steimer at 860-571-7446 or lsteimer@cabe.org.

The Journal – Connecticut Association of Boards of Education | May 2017

9

The Media Message from Ann Baldwin, Baldwin Media Marketing, LLC

How to Deal With Inaccurate News Reporting When conducting media training sessions with School Boards and Superintendents, one of the most frequently asked questions is: What can we do about inaccurate news reporting regarding our district? To answer that question there are a lot of factors that have to be considered on a case-by-case basis.

My first piece of advice is to pick your battles. Ask yourself the following: How blatant is the error and will it have a longterm impact on the reputation of the district?

If the answer is that it will have long-lasting consequences, then you need to correct the errors immediately. To do so you have some options: • Contact the reporter directly and explain why

the information is inaccurate. To do this however, you must have the facts and information to back it up.

• If that does not work, everyone has a boss. Contact the reporter’s supervisor, news director, or editor and make your case directly to them and ask for a correction.

Some say no one reads or pays attention to corrections and that may be true, however, news articles and television news segments are often kept in archives and are referred to when another future story is written. So if it was wrong in the old story, it will be wrong in the new story as well. It is well worth the effort to set the record straight.

If I am watching a newscast first thing in the morning and because I am working with that particular district, I know that the reporter is reporting wrong information. I immediately call that reporter or make a call to the newsroom to share the correct details.

Why?

Because if it is wrong in the morning, it will be wrong again at noon and then in the later newscasts as well. I have actually made calls to the newsrooms because they

had the reporter “live” in front of the wrong school!

This falls under the “You can’t make this stuff up” category.

Making sure that reporters get their facts straight is important because often they are the conduit between our schools, our parents and other stakeholders in public education. Another factor that often comes into play is when the media gets their information from someone other than the Board Chair or Superintendent.

I have found that when districts do not make the right spokesperson available within a reasonable timeframe, the media will talk to someone (anyone) who gives them a good quote or sound-bite and there are NO checks and balances. They just run with it, often resulting in a social media firestorm and calls from angry parents.

The reality is that reporters may go with flawed information from others. It is unfortunate, but in many cases, unavoidable. It is the job of the spokesperson for your district to provide context or, even better, specific examples of where the other side has either mistakenly or intentionally misled others. In the end this will help establish you as a more reliable source in the reporter’s mind and hopefully will influence how they write their next story.

10

The Journal – Connecticut Association of Boards of Education | May 2017

So, What’s Your Iceberg?

Jonathan Moore

BOARD MEMBER, REGION 1 AREA 1 CO-DIRECTOR, CABE

So, what the heck am I talking about?

Your “iceberg” comes from the Lighthouse Project.

Right now, any board of education can do this project.

In the spring of 2016, the State Department of Education (SDE) did something very beneficial for boards; it offered this program to all districts free of cost, and it is facilitated by CABE. But, so what?

Why should your board be interested?

Well, have you ever wondered what the point of a board is? Have you ever found yourself glancing at Facebook during

a meeting? Do you ever feel like you are giving your time to accomplish very little?

Well, I have, or had. I am a member of the Region 1 Board of Education.

For years, when we were not fighting politically, we spent our time vaguely pursuing the mysterious “student achievement.”

We would get packets before the meeting but then have the reports in them read back to us. We approved individual field trips. We discussed lines in the budget.

We viewed unconnected snapshots of data.

Now, all of that can be fine except when dealing with the issue of declining enrollment. We as a board knew we needed to get smarter if we were going to tackle this issue.

Warning: Lighthouse is not for the faint of heart. We have gone through10 two-hour plus meetings with two to go.

Key to success is that the whole board participates. There is no half way to do it.

So, what does the project do? Briefly, you start with a survey of your district to

identify your issues. The survey participants are the board, the staff, and the administration. Then, you discuss the findings, which can contain some surprises, like a big iceberg. Then you learn the facets of which tools are at your disposal.

The biggest tool is data. But how does this affect change? For us it was a need for focus. We decided together the following: “our mission is to prepare our students for what comes next.” We are diverse so that could mean college (2- or 4-year), work, entrepreneurship, vocational training, or the military.

So, what would stand in our way?

That is your iceberg. For use it was, “In order for us to prepare each child for what comes next, we must align vision, practice, and expectations among all stakeholders.”

We continue to work at it. Conquering your iceberg is not easy. We just failed in properly communicating a schedule change to further mastery-based learning in our district.

The “naysayers” communicated first,

and alignment has proved impossible at this time. But after Lighthouse, the difference is we are not dismayed and are not pointing fingers; we are on the same page. We remain focused and determined to achieve alignment through compromise, to keep moving toward our goal: preparing our students for what comes next.

Every district is different, so your experience in the Lighthouse Project might be different. But I am pretty certain most of us need this training. So, I would encourage you to give Nick Caruso at CABE a call and see if Lighthouse can help you identify and conquer your iceberg.

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The Journal – Connecticut Association of Boards of Education | May 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:

* By ensuring members receive the most up-to-date communications:

Prepared material for Enfield, Milford, New London, Thomaston, Wethersfield, and Willington Boards of Education as part of the Custom Update Service.

Completed a new policy manual for the Ellington Public Schools.

•

* By helping school boards to increase student achievement:

•

•

• Provided Lighthouse training, planning and community leadership sessions to Suffield, Stamford, Waterbury, and Winchester Boards of Education.

• Identified potential grant opportunities to support the Lighthouse program.

• Sent three issues of Policy Highlights via email listserv covering topics that affect student achievement.

This included ESSA regulations, AP Exams, student handbooks, special education/FAPE, inclusive pre-k programs, summer school and leadership attributes.

* By promoting public education: •

• • •

Spoke at a press conference on Connecticut Vocational Agriculture programs.

Met with two potential Business Affiliates.

Had phone conversation with potential Business Affiliate.

Attended CAPSS Board of Directors meeting and Shipman and Goodwin’s Special Education Seminar.

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

•

•

Attended “Welcome Luncheon” for incoming (as of July 1) CAPSS Executive Director Fran Rabinowitz.

Met with Representative Prasad Srinivasan on the future of public education in Connecticut (we offer to meet with any person running for Governor).

Took part in activities of the National

• •

•

•

•

• • •

•

•

•

* By providing services to meet members needs:

-

•

School Boards Association (NSBA) at its Annual Conference, including meeting with staff and other states, participating in professional development sessions, attending the Delegate Assembly, workshops and General Sessions and leading workshops.

Participated in meeting of the Professional Educator Advisory Council (PEAC).

Participated in NSBA teleconference on actions taken by the NSBA Board.

Met with State Board of Education’s Legislation and Policy Development committee on Design Principles for a New School Funding Formula.

Attended State Board of Education meeting.

Met with representatives of the State Auditors of Public Accounts on special education issues.

Participated in meeting of the Connecticut Coalition for Public Education.

Facilitated Convention mangers Work-Alike meeting at NSBA Conference.

Attended the COSA and NSBA Annual Conference in Denver, CO. Provided testimony at various Legislative Committee public hearings.

Participated in New England Secondary School Conference and Council meeting.

Participated in Connecticut Coalition for Justice in Education Funding Steering Committee meeting.

Participated in State Department of Education Independent Educational Evaluation Task Force meeting Attended a seminar on Social Media for Nonprofits.

•

•

Responded to 37 inquiries from 22 member districts, one from the Office of Legislative Research, and two from affiliated attorneys. See hot topics below.

Responded to inquiries from Board of Education members and superintendents. The “Hot” Legal topics this month were: school start times, confidentiality concerns when drafting threat assessment protocols, budget adoption and statutory requirements for school budget referenda, required disclosure of aggregate teacher evaluations under FOIA, conflicts in binding arbitration and grievance arbitration, evaluation, employee claims of “past practices”, out of district special

•

education placements, board member liability for budget decisions, reduction in force protocols, using hearing officers for expulsion proceedings, filling board vacancies, discussing multiple topics in executive session, taking notes in executive session, special meeting website posting requirements, determinations of free and appropriate education, special education burden of proof, subcommittee meeting where a quorum is present, and immigration guidance.

Materials were prepared for Franklin, Marlborough, New Fairfield, New Hartford, Newington, Putnam, Sterling, The Gilbert School and Union Boards of Education as part of the Customized Policy Update Service.

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

• •

• • •

Hosted a meeting of the CABE/ CAPSS Demography and Diversity Committee.

Held in meeting of the CABE Diversity Committee.

Facilitated Roles and Responsibilities workshop for the Hartford and New Britain Boards of Education.

Participated in two sessions of the CABE Leadership Institute.

Held meeting of the CABE/CAPSS Convention Committee.

Responded to fifty-three requests for policy information to 27 districts, one attorney, one newspaper and one outof-state school boards association on 43 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 include wellness, class size, nondiscrimination, and discipline issues.

11

Available in the CABE Online Bookstore!

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

12

The Journal – Connecticut Association of Boards of Education | May 2017

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