CABE Journal - November 2016

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Connecticut Association of Boards of Education Vol. 20, No. 10

The Leading Voice for Connecticut Public Education

Manchester Building a Community Coalition to Support Students Jim Farrell

COMMUNICATIONS DIRECTOR MANCHESTER PUBLIC SCHOOLS

Mary Cheney Library sits at the top of Main Street in downtown Manchester and is a popular place for spectators watching runners make the final turn and head for the finish line of the annual Thanksgiving Day Road Race.

On a late September day, though, the action was in a spacious park adjacent to the library. More than 700 children and family members attended a “Back to School Bash” – the latest such community event sponsored by the school district’s Family and Community Partnership office in collaboration with the Manchester Police Department and the town’s Office of Neighborhoods and Families.

“Each of our five events has had an excellent turnout,” said Scott Ratchford, director of the FCP, as he listened to music from a DJ and watched youngsters scamper into a “bouncy house” as their parents and guardians visited tables sponsored by a wide range of school and community groups. “We’re creating partnerships from across Manchester that strengthen our community and benefit our children -and this is just one more example.”

Manchester’s Family and Community Partnership efforts have been propelled by a grant from the Hartford Foundation for Public Giving (HFPG), which has awarded the district more than $1.5 million over the past two years. The community out-

November 2016

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

reach events, an aspect of this work, have been entirely funded and run through donations and volunteers from across the community.

Sara Sneed, director of educational investments for the Hartford Foundation, was among those in Center Park, enjoying an event that – Ratchford said -- was rewarding on a number of levels.

“We’re creating a powerful and effective coalition of community partners who are eagerly working together on behalf of the children and families of Manchester,” he said. “We all learn about one another and strengthen each other’s efforts.”

The first in this series of events was a “Back to School Barbecue” held on the first day of the 2015-16 school year. It was mostly the work of the school district, the town’s recreation department and police department.

Later last school year events were held at a recreation center in town and at a park. Finally, in June, an end-of-the-year “block party” attracted more than 1000 children, family members and staff. Police shut down a part of Spruce Street for three hours to make room for festivities.

Ratchford said that he has been pleased to see participation grow, as each event has been supported by more community institutions: From faith-based groups to PTAs to Fire Department volunteers to teachers and school staff to the local libraries and the youth service bureau to the town’s adult and continuing education departSee MANCHESTER page 14

EdSight: SDE’s New Data Portal Ajit Gopalakrishnan

CHIEF PERFORMANCE OFFICER, SDE

Manchester State Board of Education Meeting Patrice A. McCarthy

DEPUTY DIRECTOR/GENERAL COUNSEL, CABE

The October meeting of the State Board of Education included a lengthy agenda. In reports on educator preparation programs and minority teacher recruitment, State Department of Education staff expressed their focus on reducing the barriers to certification and building bridges, particularly to enable out-of-state educators and those in shortage areas to gain certification. Accelerated routes to certification programs, some targeted to move paraprofessionals into the educator pipeline, were also discussed.

The State Board of Education members had a lengthy and difficult discussion concerning their response to the requirement from the Office of Policy and Management

EdSight is the new data portal of the Connecticut State Department of Education (SDE). It integrates data from over 30 sources including Connecticut’s public schools and districts as well as external sources such as the College Board, ACT, International Baccalaureate Academy, and the National Student Clearinghouse.

The site offers information on numerous topics including school finance, special education, staffing levels, school enrollment, discipline, attendance, and graduation. Detailed Smarter Balanced assessment results from 2014-15 were also recently added to the portal.

The deployment of the public reporting portal is an important milestone in the SDE’s efforts to bring data and information to the decision-making process.

EdSight provides the school and district profile and performance report which is a remake of the strategic school profile. It presents key performance measures, many of which make up the Next Generation Accountability System for every district and school. It breaks out the data by subgroups such as race, English learners, special education students, and students eligible for free or reduced-price meals.

The project has benefitted from considerable leadership support from the Office of the Governor, the Commissioner of Education, and the Commissioner of the Department of Administrative Services. “The launch of our new data portal is a critical step in our mission to ensure all Connecticut students have access to the kind of high-quality education that prepares them for success in college, career and civic life,” Commissioner of Education Dianna R. Wentzell said. “School and district leaders, teachers, parents and policymakers rely on data every day to make informed deci-

See STATE page 2

See EDSIGHT page 9

How Principals Use Their Time

CABE/CAPSS Convention

School PR for Student Success

New Data Privacy Legislation

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81 Wolcott Hill Road Wethersfield, CT 06109-1242

Connecticut Association of Boards of Education Inc.

Periodical Postage PAID Hartford, CT

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The Journal – Connecticut Association of Boards of Education | November 2016

PRESIDENT COMMENTARY

November Musings Ann Gruenberg PRESIDENT, CABE

In November, Autumn is fully here.

Leaves have fallen, and the seasonal gatherings are in full swing. Cider is mulling, and during longer evenings we have time for our own pondering, as well as celebration, consideration, and sometimes even rest.

This is being written almost a month before what some would call an historic national election. Pundits have theories and projections, while most of us try to follow the process and perhaps try to figure out what our most effective roles might be.

The dynamics are a powerful reminder that our responsibility is to maintain a non-partisan process in our own protocol and structures. As Board of Education members and participants in leadership teams, it is our duty to understand the issues and to use our collective power for the greater good, always maintaining our primary focus on children.

It is imperative that we not lose sight of

STATE

(continued from page 1) that all agencies submit “realistic and achievable” budget reduction options that would result in a ten percent reduction for FY 2017.

In the case of the Department of Education, the directive excludes reductions to the ECS Grant. The Commissioner noted that a ten percent reduction equals $82 million, and would have a significant impact on both the operation of the department and the services provided to local districts.

Reductions could dramatically impact the Connecticut Technical High School System, resulting in the closure of two technical high schools and the elimination of sports at the remaining schools. It is important to note that this is the first step in the lengthy budget development and adoption process. The Governor will submit a biennial budget to the Legislature in early February, followed by public hearings.

The Board adopted the new guidelines for alternative education settings, as required by legislation in 2015. The guidelines address student placement and exit criteria, and include best practice guidelines for program implementation.

The Board also adopted the new Arts standards, which define artistic literacy as the knowledge, skills and understanding to actively engage in the arts throughout life, and include considerations for implementation across all arts disciplines.

a clear vision, a clear concept, of possibilities and positive outcomes that we can support, in ways that enhance the effectiveness of systems. Essentially, regardless of the outcome, we will continue to be faced with the need for advocacy and action.

Our own process must be informed by what we know about best practices, and must be fully representative of our constituents. Listening and responding to voices from urban districts as well as suburban and rural, is central to our implementation of educational operations that address the needs of all students.

Civility must be an integral part of our process. Participatory leadership rather than power struggles contribute to positive outcomes. Mutual respect and responsibility set the tone for reconciliation.

In Connecticut, the recent developments regarding the CCJEF case have been strong reminders of the need to focus on priorities. The rapid response to the judge’s ruling has provided a positive reminder of the power of informed advocacy, resulting is more time, a most valuable resource. It will help us all if we stay focused on our mutual will to provide positive, healthy opportunities for all students.

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 CABE has established a priority of integrating issues regarding diversity throughout its infrastructure. Those priorities will continue to be in the forefront as we wrap up the year and move forward, together. In urban districts these issues are often combined with environmental and economic risk.

As we are drawn into the rush and hubbub of the season of shorter days and longer nights, it is all the more important for us to continue to work together in leadership teams to identify positive directions and work on implementation of best practices.

Whatever your belief system, this brings wishes for a meaningful and heartwarming season.

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 Elaine Whitney | Secretary/Treasurer, Westport Richard Murray | Immediate Past President, Killingly John Prins | Member at Large. Branford Lydia Tedone | NSBA Director, Simsbury

AREA DIRECTORS

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

ASSOCIATES

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

Highlights from

Legal Issues 2016

COMMITTEE CHAIRS

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

CITY REPRESENTATIVES

Patrice McCarthy welcomed participants to the workshop.

Attorney Stephen Sedor, Pullman & Comley, spoke about ensuring a safe school climate.

Attorney Kyle McClain, Siegel, O’Connor, O’Donnell & Beck, talked about video recording and body cameras.

Attorney Rebecca Adams, CABE, discussed superintendent evaluation and executive sessions.

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

Participants from around the State attended the Legal Issues workshop held at the Inn at Middletown.

the Executive Director

The Journal – Connecticut Association of Boards of Education | November 2016

CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite GOLD MEMBERS

Berchem, Moses & Devlin Centris Group 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. Perkins & Eastman The Segal Company Sprint Svigals & Partners BRONZE PLUS MEMBERS BL Companies Coordinated Transportation Solutions Friar Associates Milliman, Inc. O & G Industries The S/L/A/M Collaborative BRONZE MEMBERS Brown & Brown Insurance Chinni & Meuser LLC Coordinated Transportation Solutions, Inc. Dattco Inc. ECG Engineering, PC Goldstein & Peck, P.C. JCJ Architecture Kainen, Escalera & McHale, P.C. The Lexington Group 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

There Are Still Heroes Among Us Robert Rader

EXECUTIVE DIRECTOR, CABE

There’s a segment from a television show, The Office, where Dwight Shruit, one of the particularly crazy characters, has saved one of the more normal characters, Jim Halbert, from getting beaten up by the boyfriend of Jim’s love interest. Jim tries to thank Dwight, but Dwight says that he will not accept the thank you, does not need it and should not be thanked for doing what a citizen should. He does not consider himself a hero.

Dwight speaks to the camera and says, “Don’t call me a hero. You know who the real heroes are? The guys who wake up every morning and go in to their normal jobs and get a distress call from the Commissioner and take off their glasses and change into their capes and go around fighting crime. Those are the real heroes.”

Everyone has their own definition of a hero. Those of us back on Planet Earth, would probably say that a hero is a person who does something without regard to his or her own safety or standing, that has a benefit for another person or group of people. Heroes usually don’t get paid for their work, though in deference to Dwight Shruit, they may claim a reward if they are fighting crime and bring in a bad person or two.

They Don’t Wear Capes

I have been lucky to know some heroes in my life. I’m thinking of my Dad, who was wounded, captured and exchanged in World War II. I’m thinking of my son, Dusty, who, being a transgender male, now speaks to schools and educators about his experiences and how he has become a successful high school English teacher.

I think of Board members who have stood for their principles in spite of public pressure and the onslaught of despicable and often anonymous tweets and FaceBook posts. I think of those who carry out their roles and responsibilities and fight for the best interests of children to the best of their abilities.

It’s not necessarily a question of whether they win or lose… they have tried their hardest and in our system, that’s enough.

Sometimes losing gracefully enables you to fight another day, without having made foes of other people on their boards or in their communities.

There are also the peacemakers: board members who look for compromise allowing the board to move forward, even if no

one gets everything he or she wanted.

How about the board chair, who ensures that everyone gets a fair say and an equal opportunity to press their concerns? Such a chair may have to suppress her own opinions in order to give everyone else a first shot.

On our boards there are many members who work tirelessly for years or even decades to give back to their schools and their communities. In their own ways, even if not braving bullets or the slings and arrows of others, these people are heroes to me.

Of course, the bravery we associate with heroes will be dependent on the circumstances. Saving a child from a burning building or going forward in actual battle may be very different from sitting in a stuffy board room making decisions that may not seem particularly important. But, having volunteered for the position, giving so much time to it, makes board members heroes to me.

Getting Paid Doesn’t Disqualify One from Being a Hero

We all know school employees are paid, but they make sacrifices that go beyond the job description, too. I know many superintendents who work extremely long hours, helping the board be the “best it can be” and watching out for the welfare of students. Sure, that’s the job, but it takes tremendous commitment, people skills, energy and judgement to do that. There’s no question that quality of life is often sacrificed by superintendents in the execution of their duties.

Other school district employees do the same. Principals, teachers and other staff are also heroes to me. I have seen them sacrifice time with their families to help their students, spend huge amounts of time on homework when they leave the school building (grading, grading! grading!!!) and work on formal and informal

plans to help their students.

Too Much Cynicism

I have been particularly alarmed during this political season at the cynicism leveled at our all levels of our government, from the Office of the President down to the school board level. I may not agree with decisions taken by some of our leaders, heck, I do disagree with many decisions, but I believe that one of the fundamental tenets of our democracy is that we respect our democratically determined processes

“Let’s support, identify and recognize the heroes among us, even as we may not agree on all their positions. Let’s encourage thoughtful discussion and civil behavior.” and institutions. You might not like who’s running our government or its agencies, but what our local governments, state government and our country stands for is based on these institutions, not necessarily those who occupy those seats of power.

Some of us have a tendency to forget the heroes who built our system that has lasted for over 300 years. Our Founding Fathers knew what they were doing and built a system where people could fiercely advocate for what they believe.

I am concerned, however, that the vicious undermining of people and our institutions has escalated out of control since the Internet (and anonymous posting) was created. It has cheapened the public discussion and made targets of anyone who stands up for what he or she believes.

Support the Heroes

Yes, let’s remember that our nation is built on the blood of heroes and the processes and institutions they established.

Let’s support, identify and recognize the heroes among us, even as we may not agree on all their positions.

Let’s encourage thoughtful discussion and civil behavior. It’s at the heart of the most grassroots institution, our boards of education.

And, let’s ensure that boards of education, their superintendents and worthy others are celebrated for what they selflessly give of themselves.

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The Journal – Connecticut Association of Boards of Education | November 2016

How Principals Use Their Time The role of the principal always has been an important factor in the quality of our schools. We have long supported the concept of the principal as the educational leader of the school, responsible for professional development of teachers and setting the tone for what happened in his or her school.

As a member of the Professional Educator Advisory Committee (PEAC) (Patrice McCarthy is CABE’s other member), we and the other members realized that for evaluation and support from principals would require them to have the time to do the time-consuming work required in addition to their other logistical and administrative work done by principals.

I recently received a study based on self-reported data from principals of public schools for the 2011-12 year. This national study was undertaken by the

National Center for Education Evaluation Assistance and the Regional Educational Laboratory for the Northeast (& Islands).

Among its findings, taken from the study’s summary and the study itself: • Principals reported spending an average of 59 hours a week on the job, with most of their time spent on internal administrative tasks.

On average, high school principals reported spending 3.3–4.7 more hours per week on the job than did primary and middle school principals.

• High school principals reported spending more time on administrative tasks than did primary and middle school principals. Across the five types of tasks examined (internal administrative tasks, curriculum and teaching-related tasks, student

interactions, parent interactions, and other tasks), principals reported spending most of their time on internal administrative tasks (18.1 hours; 31 percent), followed by curriculum- and teaching-related tasks (15.8 hours; 27 percent). Principals reported spending an average of 13.6 hours per week (23 percent) on student interactions.

• Principals of high-poverty schools that did not make adequate yearly progress reported spending more time on the job per week than did principals of high-poverty schools that made adequate yearly progress (NCLB was still the law of the land at that time).

• Regardless of school poverty level, principals of schools that made adequate yearly progress reported

spending more time on administrative tasks, curriculum- and teaching-related tasks, and parent interactions than did principals of schools that did not make adequate yearly progress.

Connecticut Information

Again, these were national numbers.

I wanted to see 1) whether Connecticut numbers were similar; and 2) if Connecticut’s new evaluation and support system led to principals becoming, through time management, more of the instructional leaders as we had hoped. The PEAC subcommittee on the principalship, on which I served, was very concerned at that time that principals would spend so much time on their evaluation work they would See PRINCIPALS page 15

Support for the Budgetary Process Providing support for districts, who must strategize for your BUDGETS challenges and changing demographics.

Your Budgetary Process Team John Kowalsky

Independent Broker, Husband of Retired Teacher

Bill Sudol

Retired Executive Director, Teachers Retirement Board

Michael Linehan Certified Retirement Plan Specialist

Administrative Support from

Stirling Benefits

Call us at 1-860-828-8360

It’s a pleasure for the Connecticut Association of Boards of Education (CABE) to join with the Connecticut Association of Public School Superintendents (CAPSS) in sponsoring this process that is designed to give information to Boards of Education that may assist them as they are looking at plans that would be available to their staff that would help individuals make the difficult decision as to whether or not to retire. This is one resource we think is valuable for districts to look at and we bring you this information as a service to our members.

Patrice A. McCarthy Deputy Director and General Counsel, CABE

Two of the ongoing challenges that school system administrators face are how to make it possible to assist long time loyal and effective teachers and administrators retire into a financially secure situation and how to secure significant budget savings without sacrificing quality in educational programming. 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

1. Create an innovative retirement incentive strategy designed and developed specifically for your district to meet your goals and requirements.

2. SBP will provide group and individual Retirement Workshops to communicate with education staff as to the eligibility requirements for participation.

3. The workshop will include and explanation of benefits from the Teachers Retirement System.

4. The benefits to be provided their duration and how to maximize tax advantages.

The Workshop will also include a general overview of benefits under the Teachers Retirement System.

We are offering a dedicated explanation of the partnership process and we will work with you to achieve YOUR GOALS in a comprehensive manner.

The Journal – Connecticut Association of Boards of Education | November 2016

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See You in Court – The Nutmeg Board of Education

Did the Nutmeg Board violate FOIA by discussing personnel matters at the Convention?

Thomas B. Mooney, Esq. Shipman & Goodwin

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

Bob Bombast, veteran member of the Nutmeg Board of Education, couldn’t believe that he has never attended the CABE/CAPSS Convention before. When he finally signed up and attended the 2016 Convention, he was surprised by and pleased with the wealth of information available through the various workshops.

He went from workshop to workshop Friday morning, learning more each time.

At the luncheon, Bob sat with his fellow Board members, Red Cent, Mal Content, Penny Pincher, and even Ms. Chairperson.

Mr. Superintendent was not able to make the luncheon, and Bob took the opportunity in his absence to criticize Mr. Superintendent’s performance and to urge his Board colleagues to rewrite the evaluation instrument.

Several board members from other towns were sitting at the table as well, and it was obvious to all but Bob that Bob’s criticisms of Mr. Superintendent were making them uncomfortable.

One of the board members from another town tried to redirect Bob by explaining that her board meets privately with its superintendent at the beginning of the year to set goals, and that the board and the superintendent meet every three months, again privately, to review the superintendent’s progress in accomplishing the goals that the parties have set.

However, as soon as she was done, Bob then started in again, insisting that the Nutmeg Board should get tough in its evaluation process. To stop the embarrassment, Ms. Chairperson brusquely interrupted by exclaiming her great surprise and delight that the Cubs finally won the World Series this year.

Bob attended two more workshops that afternoon, and by the time of the banquet, Bob’s head was spinning with ideas for the Nutmeg Board of Education. Bob behaved himself through the Banquet, but he was one of the first in line at the open bar in the Friday evening gathering for drinks, dessert and music. Bob has always had a weakness for free alcohol, and he downed three drinks in rapid succession. With his fourth drink in hand, Bob held forth with his fellow Board members.

“We need to find a new high school principal,” Bob began conspiratorially.

“Don’t get me wrong. I like the guy. But high school principal is a tough job, and our friend there is simply not up to the

task.” Ms. Chairperson chided Bob, telling him that the Board shouldn’t really be talking about the high school principal.

Bob pushed back. “Look. I know from that FOI workshop that the Freedom of Information Commission ordered that we can’t talk about staff members in executive session unless we let them join us in the executive session. But this is a party, not a public meeting, and I think that we can talk about whatever and whomever we want.”

Ms. Chairperson shrugged, and the other Board members joined in the conversation. Red Cent opined that perhaps Mr. Principal was getting too old for the job, and Mal Content complained that Mr. Principal should be more engaged with the sports teams. Just then, Mr. Superintendent came into the room, less than thrilled to see the Board members hanging out at the bar and waving to him to join them.

Bob drained his fourth drink before he started in. “We think that Mr. Principal isn’t cutting it, and we want you to move him out. We don’t evaluate him, but we do evaluate you. Understand? I don’t want you to miss the point.”

Did Bob Bombast cross the line at the CABE Convention?

As usual, he did. Starting with the FOIA issues, Bob was only part right about the gathering after the Convention banquet on Friday evening. Whether or not one may fairly describe the after-banquet event as a “party,” Bob and the other Board members violated the FOIA by conducting Board business outside of a posted meeting.

The FOIA excludes various activities from the definition of “meeting,” including “any chance meeting, or a social meeting neither planned nor intended for the purpose of discussing matters relating to official business.” While Bob could claim that the gathering around the bar was neither “planned nor intended” to discuss Board business, once he started the conversation about the high school principal and a quorum of other Board members participated, that discussion was indeed intentional, and it violated the FOIA because it was a “meeting” under the statute that was not posted.

Moreover, the fact that the Board members merely discussed Board business but did not take action does not change this conclusion. The FOIA definition of “meeting” provides that a meeting occurs when a quorum of the public body convenes “to discuss or act upon” a matter within its jurisdiction.

Bob was also incorrect about executive session. Public agencies must notify public employees or officials that they will be discussed in executive session, but the choice for the employee is simply whether

or not to require that the discussion as to him or her be held in open session. The employee or official cannot require that he or she be permitted to attend the executive session (unless of course the official being discussed is a member of the public agency conducting the meeting). The public agency, however, can invite the employee or official to attend the executive session for all or part of the discussion.

The Board members created an additional problem for themselves in that the illegal discussion was about the performance of the high school principal. As Bob noted, the Superintendent is responsible for evaluating him (and all Board employees), and board members should never initiate discussions about terminating any employee.

If and when it is time to fire the high school principal, the superintendent, not the board, is responsible for initiating the proceedings. In such cases, the members of the board of education must maintain their impartiality. If the superintendent recommends termination of Mr. Principal or any other certified staff member under the Teacher Tenure Act, the board members will act as a judge. Prior conversation

among board members to the effect the principal should be fired may fatally compromise their ability to fulfill this statutory responsibility in a fair and appropriate manner.

Bob and his Board colleagues should also be aware that the evaluation of the superintendent is not within its sole control. Rather, Conn. Gen. Stat. Section 10-157 provides that the evaluation of a superintendent must be in accordance with “guidelines and criteria mutually determined and agreed” by the board and the superintendent.

Bob is free to have his opinion, but the Board must work with Mr. Superintendent if it wants to change the evaluation instrument. And in so doing, both the Board and Mr. Superintendent should keep in mind the fact that any records created concerning the superintendent’s evaluation are public records under the FOIA. 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: www.cabe.org/page.cfm?p=1241

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The Journal – Connecticut Association of Boards of Education | November 2016

Register Now!

CABE Legislative Delegate Assembly November 17, 2016

Registration Begins 2:30 pm Assembly Begins 3:00 pm Mystic Marriott Hotel, Groton

An opportunity for CABE member boards of education to have a voice in the Legislative process.

To register for the Delegate Assembly go to: www.cabe.org/page.cfm?p=1141 or contact Gail Heath at 860-571-7446; email gheath@cabe.org

Children First: Opening Opportunities for All!

CABE/CAPSS Convention November 18-19, 2016 | Mystic Marriott Hotel, Groton, CT Featured Speakers Wagner, Lincoln, Lopez

Tony Wagner

Dr. Wagner currently serves as an Expert In Residence at Harvard University’s new Innovation Lab and as a Senior Research Fellow at the Learning Policy

Institute, founded by Linda Darling-Hammond in 2015.

Prior to these appointments, Tony was the first Innovation Education Fellow at the Technology & Entrepreneurship Center at Harvard, and the founder and co-director of the Change Leadership Group at the Harvard Graduate School of Education for more than a decade.

His previous work experience includes twelve years as a high school teacher, K-8 principal, university professor in teacher education, and founding executive director of Educators for Social Responsibility.

Dr. Wagner is a frequent speaker at national and international conferences and a widely published author. His work in-cludes numerous articles and six books.

Tony’s latest, Most Likely To Succeed: Preparing Our Kids for The Innovation Era, co-authored by Ted Dintersmith, was just published by Scribner. Creating Innovators: The Making of Young People Who Will Change The World, was published by

Scribner in 2012 to rave reviews and has been translated into 12 languages.

His 2008 book, The Global Achievement Gap continues to be an international best seller, with a Second Edition recently released.

Dr. Wagner recently served as the Strategic Education Advisor for a major new education documentary, “Most Likely to Succeed,” which had its world premiere at the 2015 Sundance Film Festival.

He also collaborated with noted filmmaker Robert Compton to create a 60-minute documentary, “The Finland Phenomenon: Inside The World’s Most Surprising School System” in 2010.

Dr. Wagner earned an M.A.T. and an Ed.D. at the Harvard University Graduate School of Education.

The CABE/CAPSS Convention Bookstore will have copies of Dr. Wagner’s most recent books available for sale. Dr. Wagner will do a book signing immediately following his session.

Fritz Klein as Abraham Lincoln

Born in 1809 in humble circumstances, Abraham Lincoln became the 16th President of the United States. He is regarded See Klein page 7

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The Journal – Connecticut Association of Boards of Education | November 2016 (continued from page 6) as one of America's greatest heroes due to both his impact on the nation and his unique appeal.

As Lincoln began his presidency in 1861, Southern states seceded. He decided to fight for unity and the proposition that no state could leave the Union.

Lincoln was the “indispensable” leader of the North. He freed the slaves in all Confederate states in 1863 with his signing of the Emancipation Proclamation, wrote the Gettysburg Address with its restatement of the purposes of the republic, considered one of the most brilliant and articulate speeches of all time; and delivered his Second Inaugural Address, promising “malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation's wounds.”

Within six weeks of giving that speech, Lincoln was suddenly assassinated by John Wilkes Booth at Ford's Theater in Washington, D.C.

At a time when our Nation has just been through one of the most divisive elections in history, we are indeed fortunate that President Lincoln has returned to talk about how we again “bind up the nation’s wounds” and provide us with his beliefs on leadership, civility, education and collaboration.

Playing the part of Abraham Lincoln will be one of the nation's foremost Lincoln actors. Fritz Klein makes Lincoln and his period of history come alive!

Klein was born and raised in Southern California. Graduating in 1970 with a B.A. he married and took up landscaping in Hawaii. He began acting in 1975, in a local historic pageant and seasonal drama. In 1976 he was asked to portray Abraham Lincoln at the Kailua-Kona celebration of the national bicentennial. Since 1980, the Lincoln role has been full-time, taking him to some 35 states for film and television, on stage, and as a motivational speaker.

A father of four children, he now resides with his wife Linda in Springfield, Illinois where he gives performances for some of the city's 500,000 annual visitors.

November 18-19, 2016

TOP TEN reasons to join us at the

2016 CABE/CAPSS Convention

10 Renew old friendships and develop new ones

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

9 Reenergize yourself

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

8

Become familiar with the uniqueness of other districts

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

Natalie Lozez

Nadia Lopez, the founder and principal of Mott Hall Bridges Academy in Brownsville, Brooklyn, is a finalist for the 2016 Global Teachers Prize. Nadia shot to national recognition when the popular blog Humans of New York profiled one of her students, Vidal Chastanet. Asked to name the most influential person in his life, Vidal named Nadia.

After the blog post went viral and was shared 145,000 times, Nadia was featured in The New York Times, The Atlantic, NBC News and many more.

In less than three weeks, Nadia and HONY raised $1.4 million to endow a scholarship fund for graduates of Mott Hall Bridges. Nadia was recently invited to meet President Obama in the Oval Office.

Nadia founded Mott Hall Bridges Academy in 2010 to help turn the tide in a neighborhood that had all but given up on its students. Each year, her sixth graders hold hands and walk across the Brooklyn

Bridge to Manhattan to symbolize their connection to the world.

Seventh graders take an entrepreneurship class in which they develop business 6 plans for a class contest. Eighth graders prepare to matriculate into the alumni association for continued college readiness preparation.

Connect with other Despite the fact that 100% of Nadia’s board members students live below the poverty line, last The annual Convention is the perfect year 72 of Mott Hall Bridges’ 75 graduates place to meet individuals who share your passion for education. Talk one-onwere able to enroll in high schools beyond one with people who are as energetic, the Brownsville community. Nadia’s school committed and caring as you are. combats the school-to prison pipeline with a stunning 98% graduation rate among its first three graduating classes.

An inspiration to students and teachers 4 alike, Nadia hosted the principal forum ‘Challenges of Leadership in Urban Education and the Impact it has on Student Achievement’, in collaboration with the US Department of Education.

To divide and conquer In April 2015 she was honored with the Examine the agenda, select topics of interest and send each board member Black Girls Rock Change Agent Award teleto a different workshop session. vised on Black Entertainment Television, where she delivered an empowering speech.

Nadia became a Ted Fellow in November 2015 and spoke as a featured member of the 2 panel “The Education Revolution.”

Nadia will sign her book, The Bridge to Brilliance, which will be available in the Convention bookstore, following her sesExercise leadership sion.

Every one of you is a “mover and shaker” Additionally, Nadia will provide a in your home community. You come from session for principals following her book every possible political agenda and yet you put that aside to pull together for children. signing.

To Register go to: www.cabe.org/ page.cfm?p=1145

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

7 Find common interests and concerns

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

5

Develop your boardsmanship skills

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

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

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

1 Advocate for Connecticut’s children

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

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

8

The Journal – Connecticut Association of Boards of Education | November 2016

9

The Journal – Connecticut Association of Boards of Education | November 2016 EdSight: SDE’s New Data Portal (continued from page 1) sions about public education in Connecticut. Through increased transparency and ease of use, this new system will help us understand what we are doing well and where we need to focus efforts to make sure we are delivering on our promise to students.”

The portal affords the public a repository of data across several subject domains and systems.

It allows analysis of trends and breakdowns of key education indicators by the traditional school and district codes, by grade, and by various student and staff demographic categories. Several district and school measures can be compared directly through the comparison tool, and users can download any table into Excel.

The site also provides extensive documentation that describes the sources of the information along with definitions of terms and calculations. Over the coming months, additional data, reports and

visualizations will be made accessible to the public through the portal.

To protect the privacy and confidentiality of individual student data, the portal only presents aggregate information.

Furthermore, queries to the portal initiate stored processes that build reports on the

Fall Meeting of Superintendents’ Secretaries, Administrative Assistants and Executive Assistants

Lisa Steimer, CABE, welcomed everyone to the workshop.

Superintendents’ secretaries, administrative assistants and executive assistants from around the state came to the Community Center in Wethersfield for professional development.

Jess Olefson, Owner, Staff Development Associates, shared tip for coping with upset and angry people.

fly, allowing for proper data suppression rules to be applied. In order to comply with federal and state privacy laws, no record-level data or data on any subgroups small enough that they might reveal individual student data ever pass through the firewall.

The portal can be accessed at: http://edsight.ct.gov/

Rebecca Adams, CABE, talked about the Connecticut Freedom of Information Act and what constitutes a “meeting”.

Webinar

Connecticut’s Standards for Professional Learning

l. to r., Kimberly Audet, CSDE and Patrice McCarthy, CABE presented an overview and the role of boards of education in supporting professional learning.

10

The Journal – Connecticut Association of Boards of Education | November 2016

CABE-Meeting CABE-Meeting is a user-friendly online service offered by CABE specifically for school boards. Users can eliminate unnecessary paperwork, increase efficiency and reduce costs while enabling board members to utilize the latest in cutting edge technology. Using CABE-Meeting, the Meeting Manager can create an electronic meeting from developing the agenda to creating the minutes and everything in between.

CABE-Meeting Offers: Secure login access for board and district staff | Access from any location with Internet access | Search archived agenda and meeting related items in a flash | Ability to download and print attachments | Option to provide a public link to board meeting information Your Subscription Provides: Access to CABE-Meeting | Initial and ongoing training Support and maintenance | Upgrades to the service CABE Member Subscription Fees: 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.

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

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

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

• Timesaving links to legal and cross references.

• A search engine specifically designed for board policy manuals.

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

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

If you would like additional information on CABE’s Connecticut Online Policy Service (C.O.P.S.), call Vincent Mustaro at 860-571-7446 or email vmustaro@cabe.org for full details.

Let the CABE staff make your policy life easier.

Book Review

School Public Relations for Student Success Lisa Steimer

SR. STAFF ASSOCIATE FOR PROFESSIONAL DEVELOPMENT, CABE

School Public Relations for Student Success by Edward H. Moore is a great common sense “how to” for those interested. We should all - board members, administrators, teachers, volunteers, and staff – be interested in this important area.

The author continually emphasizes the premise that “Children excel in schools when parents are involved and communities are supportive.” He goes on to define what sort of support is essential to student success. He describes the following as key to student success: “Solid, open and ongoing public relations activities that support communication between schools and the communities they serve.”

He points out that traditional means of public relations efforts – newsletters, brochures, websites, presentations, news coverage – are one-way communication tactics which cannot be used alone. Two-way communication, which involves listening, must also be employed.

While there are many publics to consider when developing public relations efforts and different delivery methods mainly to be undertaken by staff detailed in Moore’s book, the focus of this review is on that public relations is about relationships and the board’s role. Moore says that, “Ultimately, success depends on what others say and do about you and everyone else in your school system.” It must be remembered that “perception is reality”.

The author quotes Edward Bernays, a pioneer of modern public relations, who offered this assessment over 80 years ago, “Education is not securing its proper share of public interest… The public is not cognizant of the real value of education, and does not realize that education as a social force is not receiving the kind of attention it has the right to expect in a democracy.” This makes it incumbent upon administrators, teachers, students, parents and board of education members to take on the role of educating the public.

Below are a number of points made in the book, with my questions about how they play out in our districts.

• Regularly scheduled board of

education meetings - Do your board meetings focus on student achievement and celebrate success?

• Public participation during board meetings – Do you allow the public to express their opinions?

• E-mail and phone conversations – Do you respond in a timely manner?

Do you refer people to the appropriate person (chain of command)?

• Online board agendas and supporting documents – Do you make your meeting materials easy to find for the public? (see ad on this page to learn more about CABE-Meeting) • Board meetings aired on public access TV – Does your board work professionally and effectively?

• Community listening meetings on district wide issues (school redistricting, superintendent search) – Does your board solicit input from your community? How does it use the input?

• Meetings with members of the Connecticut General Assembly – Do you and your fellow board members advocate on behalf of public education and share “real life” information from your district?

It is important to note that public relations is not putting a good “spin” on a bad situation. Long-term success depends on honesty and transparency in communication.

How is your school board helping the public relations efforts of your school district?

School Public Relations for Student Success will be available for sale in the CABE/CAPSS Convention Bookstore on November 18-19.

11

The Journal – Connecticut Association of Boards of Education | November 2016

CABE: working for YOU

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

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* By representing Connecticut

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•

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school boards on the state or national level:

Participated in the Connecticut Education Governance Forum.

Met with Gian-Carl Casa, new Executive Director of the Connecticut Community Nonprofit Alliance Connecticut’s largest coalition of private, nonprofit organizations, on shared concerns.

Filed for permission to file an amicus brief in the case of New Milford Board of Education v. New Mlford Education Association. Whick covers a grievance arbitrator nulifying the decision of an interest arbitration panel on additional instructional hours.

Took part in meetings of the “Big 6” (CABE, CAPSS, CAS, CBIA, CCER and ConnCAN) on funding issues.

Chaired meeting of the CABE/CAPSS Superintendent Pipeline Committee Policy Committee.

Met with the WhatWillOurChildrenLose Coalition (CABE, CAPSS, CAS, CASBO) on various issues.

Attended the Governor’s Summit on Mastery-Based Learning.

Spoke on a panel on Mastery-Based Learning at a Windsor Locks forum.

Participated in meeting of the Connecticut Coalition for Public Education.

Participated in Connecticut Center for School Change conference on governance issues.

Monitored and assisted where appropriate on the Food Allergies Task Force.

Monitored the Juvenile Justice Policy and Oversight Committee.

Monitored the School Building Projects Advisory Council.

Participated in the RESC Special Education Task Force.

Met with Office of Policy and Management (OPM), State Department of Education (SDE), and the Department of Social Services (DSS) to discuss boards of education responsibilities in Medicaid Billing.

Participated in a webinar presented

by Connecticut Society of Association Executives (CSAE) on presenting financial reports to the board.

Participated in Connecticut Coalition for Justice in Education Funding

• •

• • •

Steering Committee meeting.

Attended CREC Council meeting.

Attended Professional Development Mandates Task Force meeting.

Participated in ACES Strategic Plan Focus Group.

Attended Professional Learning Advisory Committee meeting.

Attended Cooperative Education Services (CES) and Area Cooperative Educational Services (ACES) Council meetings to discuss legislative issues.

Attended State Board of Education meetings.

Participated in New England Secondary Schools Council meeting.

Attended Financial Literacy Summit.

* By helping school boards to •

•

•

increase student achievement

Facilitated in training with the Region #1, Waterbury, Winchester and Wolcott Boards of Education on Lighthouse Training.

Participated with Lighthouse team in developing 2016-17 Lighthouse agenda.

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

This included school resource officers, homework, discipline, truancy, school absences, and homeless children.

* By promoting public educa•

•

•

• •

• •

tion:

Discussed school finance and the CCJEF v. Rell decision with an Urban Education class at Smith College.

Hosted Chinese school principals and explained how the Connecticut education system works.

Presented a workshop on state and federal education issues to the Connecticut Chapters of Phi Delta Kappa.

Attended COSA student data privacy webinar.

Attended GLSEN webinar: From Teasing to Torment: School Climate Revisited, A Survey of U.S. Secondary School Students and Teachers.

Attended Connecticut Voices for Children CCJEF v. Rell Webinar.

Attended a Shipman and Goodwin legal seminar.

* By providing opportunities

for members to learn how to better govern their districts:

•

Met with the Connecticut Association of Schools, CAPSS, the State Department of Education, ADL and the Discovery Center on developing workshops on Cultural Competency.

• Spoke with Convention Friday morning General Session speaker, Tony Wagner and Saturday morning General Session speaker, Nadia Lopez about expectations and audience.

• Planned, implemented and presented at successful Legal Issues workshop.

• Responded to 18 requests for legal and governance information from 11 school districts.

• Facilitated a Community Relations workshop with the Stafford Board of Education.

• Facilitated a Board Roles and Responsibilities workshop with the Region #5 Board of Education.

• Seventy-eight requests for policy information was provided to 53 districts, on 60 topics. Further, districts continue to access CABE’s online Core Policy Reference Manual and/or online manuals posted by CABE for policy samples. The topics of greatest interest included student data privacy and the sexual abuse prevention program, in addition to transgender students, drug-free workplace, background checks of prospective employees and management of food allergies.

* By providing services

•

• •

•

• • •

•

•

to meet members needs:

Facilitated Board Retreats with the Avon, East Windsor and Thomaston Board of Education.

Facilitated a Hot Topic meeting on Running Effective Board meetings.

Met with new Clinton Superintendent Mayranne O’Donnell on CABE programs, activities and services.

Spoke before the New Haven Superintendent Search Committee on the search process.

Presented webinar on Professional Learning.

Staffed CABE Nominating Committee meeting.

As part of the Customized Policy Update Service materials were prepared for Ellington, Fairfield, Greenwich, Griswold, North Haven, Plymouth, Portland, Region #5 and Thomaston Boards of Education.

Completed the development of a new policy manual for the North Haven Board of Education.

Responded to inquiries from Board

of Education members and superintendents. The “Hot” Legal topics this month were: Revising and amending meeting minutes; proper topics for executive sessions and procedures for entering executive session; timelines for binding arbitration for non-certified staff (i.e., covered by MERAA and TNA); Resignation of board members, procedure and effective date; ratification of negotiated collective bargaining contracts; assigning liability for breaches under the Connecticut Student Data Privacy Act, effective October 1, 2016.

•

Conducted audits of he policy manuals of New Hartford, Trumbull and Winchester Boards of Education are in process.

* By ensuring members

•

•

• •

receive the most up-to-date communications:

Created a webinar on how to use the CABE/CAPSS Convention mobile app.

Attended symposium on “What I’ve Learned from Children” with former U.S. Education Secretary Arne Duncan.

Presented a webinar on CCJEF v. Rell.

The first issue of this school year’s Policy Update Service publication was completed, and will soon be sent to subscribing districts.

People in the News

Patrice McCarthy has been invited to serve on the New England Secondary School Consortium (NESSC) Council for the 2016-17 school year as a Policy Fellow. The NESSC is a regional partnership that promotes forward-thinking innovations in the design and delivery of secondary education across New England. The five partner states, Connecticut, Maine, New Hampshire, Rhode Island, and Vermont, work together to close persistent achievement gaps and promote greater educational equity and opportunity for all students.

Don’t find fault, find a remedy.

– Henry Ford

12

The Journal – Connecticut Association of Boards of Education | November 2016

The Policy Corner Vincent A. Mustaro

SENIOR STAFF ASSOCIATE FOR POLICY SERVICE, CABE

Policy Impacted by New Data Privacy Legislation The privacy rights of students are not a new concern. The safety of student data is a priority for school districts. However, new technologies have increased the risk that private student information will be collected, revealed and also used for commercial use. The Family Educational Rights and Privacy Act (FERPA), originally enacted before the proliferation of new technologies, has been the mainstay in efforts and policy language designed to protect the confidentiality of student records.

FERPA regulations, updated in recent years, provide guidance to schools in the control of student records in digital information systems, and how records must be managed when districts outsource to record management providers. Districts must also be sure that their data collection systems and online learning environments comply with all applicable state and federal laws.

In the current educational environment, data driven decision-making is at the center of educational policy debates.

Districts in Connecticut and across the country have increasingly turned to rapidly evolving technologies and cloud computing to satisfy educational objectives and to take advantage of new opportunities for cost savings, flexibility and faster services.

This has resulted in the potential for vast amounts of student information to be transferred to third-party providers.

This has sharply increased concerns over privacy issues.

Schools are transitioning to Cloud Computing systems to increase the effi-

Upcoming Professional Development Board Chair Roundtable Wednesday, January 18, 2017 9:00 am - 11:00 am CABE Office

To register for this workshops go to: www.cabe.org/page.cfm?p=1141 or call CABE 860-571-7446 or 800-371-0033

ciency of student records’ management and to assist student learning. Such efforts can result in school districts trading student information in exchange for the use of the new technologies and access to Cloud Computing systems.

Within this background thirty–eight state legislatures across the country this year considered over 100 bills on this topic. Eighteen states, including Connecticut, passed new student data privacy legislation.

Connecticut Law

Connecticut’s new law, P.A. 16-189, “An Act Concerning Student Data Privacy,” became effective on October 1, 2016. The Act sets forth minimum privacy and contractual standards for all parties involved in the creation, use of and handling of student data.

This new legislation imposes significant new requirements on school districts and on persons and companies that work with school districts, the State Board of Education (SBE) and the State Department of Education (SDE) and receive student data from them.

This new legislation restricts how student information may be used by entities that contract to provide educational software and electronic storage of student records (“contractors”) and operators of websites, online services, or mobile applications (i.e., apps).

Software contractors that do business with boards of education are required to enter into a contract with boards of education, SBE, or SDE which contain specific provisions relating to the use and security of student information.

Contractors are prohibited from using personally identifiable information from student records to engage in advertising or for any purposes other than those contractually authorized. Boards of education are required to notify parents within five business days of executing a contract with such contractors.

The notice must state that the contract has been executed and its date of execution; provide a brief description of the contract and its purpose; and state what student-generated content or student records may be collected under the contract.

The legislation also voids any contract provision between these parties that conflicts with the above requirements and prohibitions on or after October 1, 2016 or a contract between these parties that fails to include the above required provisions.

For operators of websites, online services, or mobile apps, the legislation requires such operators to maintain reasonable security practices to protect student information and to delete student information upon student, parent, guardian, or board of education request.

Such operators are prohibited from engaging in targeted advertising, creating student profiles for purposes unrelated to school, or selling or disclosing student information, with some exceptions, outlined in the Act. Such operators are allowed to use student information and de-identified student information for purposes related to student learning or operational improvements.

The Act also requires school districts to withhold the release of student directory information if the board of education determines that a request for such information is not related to school purposes.

Information Services Contractors Requirements

A number of restrictions are placed on how software and electronic information services contractors can use student information. Contractors are defined as individuals, businesses, or other entities that provide educational software or services for storing, managing, or retrieving electronic student records and receive student records under a written contract with a board of education.

Such contractors are banned from using student records, defined specifically in the legislation, for any purposes other than those the contract authorizes or personally identifiable information contained in student records for advertising.

Student records do not include de-identified student information allowed under the contract that the contractor uses to improve educational products for adaptive learning purposes and for customizing student learning; demonstrate the contractor’s product effectiveness for marketing purposes; and develop and improve the contractor’s products and services. “De-identified student information” means any information that cannot be used to identify an individual student.

Every contract that a board of education enters into with a contractor, beginning October 1, 2016, must include attestations that student records and student-generated content are not the property of, or under the control of, a contractor; the contractor will not use student records for any purposes except those the contract authorizes; the contractor will not

retain student data after completing the work under the contract; the contractor will comply with FERPA; and a statement that Connecticut law governs the rights and duties of all parties to the contract.

A description of the procedures for a student, parent, or guardian to review personally identifiable information in the student record and how to correct erroneous information, if any, in the record must be included in the required contract.

The contract must contain a description of the actions the contractor agrees to take to ensure student record security and confidentiality; a description of the procedures for notifying a student, parent, or guardian and the board of education, (as appropriate) as soon as practical, of a data breach; a description of how a student, parent, or legal guardian of a student may retain possession and control of student-generated content and, if applicable, how a student, parent, or guardian can transfer the student-generated content to an email account.

Board of Education Requirements

Boards of education are required to notify students and their parents/legal guardians within forty-eight hours of the receipt of a notice of a security breach involving student information, student records or student-generated content. The notice of such breach must also be posted on the district’s website.

The new legislation details contractors’ responsibilities in the event of a data breach with specific timelines to be followed. In addition, the legislation places restrictions on contractor’s use of student data as it relates to advertising, creation of a student profile, and disclosure of student information. The legislation details some allowable exceptions that permit disclosure.

Policy Implications

This new legislation includes some of the most stringent restrictions and requirements of this type of legislation nationwide. A new policy, #3520.13 “Student Data Protection and Privacy/Cloud-Based Issues,” has been developed. It contains the detail necessary to comply with this complex piece of legislation. Implementation will be difficult. Staff will need training pertaining to the requirements of this legislation and also to improve an understanding of FERPA.

The Journal – Connecticut Association of Boards of Education | November 2016

Are you looking for a Superintendent, Principal or Assistant Principal?

Call CABE for all your search needs!

Consultants: MARY BRODERICK SENIOR CONSULTANT

PAUL GAGLIARDUCCI ASSOCIATE CONSULTANT

BOB KING

ASSOCIATE CONSULTANT

For an update or more information on vacancies go to our webiste: www.cabe.org/page.cfm?p=1176 For more information contact, CABE Search Services, 860-539-7594 P.O. Box 290252, Wethersfield, CT 06129-0252 Equal Opportunity Employer

Available from the CABE Bookstore!

Understanding the Connecticut Freedom of Information Act and Access to Public Meetings and Records

13

The Media Message

from Ann Baldwin, Baldwin Media Marketing, LLC

News Media: The Story Goes on With or Without YOU

As a former reporter, I want to share some important information with you on how many reporters think today.

First, reporters have a job to do and if their story involves your school board or your district, you have a responsibility to respond to their inquiries..

The story goes on with or without you. Dodging a reporter’s inquiry is rarely a smart move. For example, isn’t it better to have you call them back instead of having them show up on your doorstep unannounced? When you do call back, ask what the reporter wants to talk about and the angle of the story so you can decide the best way to respond.

Even if a brief written statement is all you can provide instead of an interview, it will likely satisfy the reporter’s desire for a response. It is also better to respond than to have coverage citing a “no comment” or “did not respond to our requests for comment” from your side.

Reporters often need education on your subject matter. With the dissolution of the beat reporter system, most reporters are considered “general assignment.”

That means that they may have been

covering something going on at the State Capitol and then they are sent to cover a story on education. Take a few minutes before the interview to not only gauge the reporter’s knowledge of the topic, but also to provide them with some background information, especially if it involves a complex educational issue.

Be aware! Reporters may go with flawed information from others just to present the other side. It is unfortunate, but in many cases, unavoidable. Ask the reporter to whom they are talking and provide context or, even better, specific examples of where the other side has either mistakenly or intentionally misled others.

This will help establish you as the more reliable source in the reporter’s mind and will influence how they write their story.

Finally, reporters have limited time to absorb and digest information. Keep this in mind and plan for how you will get your most important points across at the top of the interview in succinct and potent sound bites. Remember: the interview may not last long, so don’t save your best for last.

Minority Teacher Recruitment Bill Signing

Fourth Edition Written by:

Mark J. Sommaruga, Esq. Pullman & Comley, LLC l. to r., Governor Malloy, Bloomfield Superintendent James Thompson, Commissioner Dianna Wentzell and CABE First Vice President Donald Harris, Chair of the Bloomfield Board of Education. Harris discussed his experiences in our schools. “We need to open the doors wider.”

International Meeting An excellent book for Board Members, Superintendents and Administrators! to order the FOIA book go to the CABE Online Bookstore at: www.cabe.org/page.cfm?p=1256

CABE staff met with Principals from Jilin Province, China, to discuss the role of school boards and administration of schools.

14 MANCHESTER

The Journal – Connecticut Association of Boards of Education | November 2016

(continued from page 1) tion department to various youth sports leagues.

“It’s been very gratifying to see so many people and institutions pull together,” Ratchford said.

Manchester Superintendent Matt Geary concurred.

“We are working hard in the schools to ensure all students are prepared to be lifelong learners and contributing mem-

bers of society,” he said. “Our students are much more likely to be successful academically and otherwise when we are able to marshal resources from throughout the community, and these events are helping forge partnerships that clearly benefit our youth.”

Ratchford’s office schedules regular meetings of community leaders to not just plan events but also provide feedback and guidance on other district initiatives, such as how to improve curriculum nights and

how to engage families and constituencies that traditionally have been less involved in the schools.

“We want our schools to be welcoming places, and the insights of people from throughout town has been extremely helpful in identifying Manchester’s strengths and needs,” Ratchford said.

Not to be forgotten, he noted, are the events themselves and the impact they have on those who attend.

At the Bash in Center Park, visitors enjoyed free pizza and chips. There was face-painting and temporary tattoos and games for the kids. One such game was a scavenger hunt -- and children could “check a box” if they went inside the library and signed up for a library card (or showed the librarian a card they already

had). Most importantly, families were able to learn about how to support their children’s learning at home at the school-run booths blending games and learning goals.

“We certainly want people to have fun but it is wonderful to see a family walk away with a free book to read at home, a kit to practice a science activity, having made a connection to a Family Resource Center, or with their newly minted library card,” Ratchford said.

Said one parent: “I had no idea Manchester had so much to offer families.”

And another: “When the schools and the whole town turn out to put together a day like today it says a lot about our community. It lets me know just how many adults are here for kids.”

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

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Elem Middle High 2011

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The Journal – Connecticut Association of Boards of Education | November 2016

Former Education Secretary Arne Duncan Reflects on Education Reform Former Education Secretary Arne Duncan recently spoke at the Presidential Colloquium on urban education at Smith College. Secretary Duncan’s remarks, titled “What I’ve Learned from Children”, emphasized the importance of continuity and stability in educational leadership.

Duncan, who resigned in January after serving since 2009 as Secretary of Education, now is a managing partner at the education advocacy group Emerson Collective.

He emphasized the importance of after school programs, a value he developed as a child watching his mother run a tutoring program serving mostly poor, African-American students in Chicago.

Secretary Duncan also voiced support for attention to the social emotional needs of students, as well as their academic needs.

He identified the breakdown of civic democracy as an issue that needs to be remedied.

Duncan described some of his successes during his time as the Education Secretary. He was “thrilled that graduation rates have climbed to all-time highs.

Drop-out rates have been down pretty significantly. Over time, Latino drop-out rates have been cut in half, from 28 per-

cent to 14 percent…We’re able to see about 1.1 million additional students of color going on to college.”

When asked what he would describe as failures during his service as Secretary, he identified the inability to bring pre-k education to all students, barriers to college for immigrants, and lack of action on safety and gun violence.

Duncan observed that budgets reflect values and the United States values kids less than other nations.

He noted that the United States ranks 28th in access to pre-k programs. He emphasized the important role colleges play in preparing thought leaders who are committed to equity.

He concluded on an optimistic note, saying “while our educational system continues to improve, we have to get better faster.” He identified the potential for technology to accelerate the pace of change.

Interestingly, a similar message about

Principals

this area is in fact in direct support of student learning.

• The study leaves two critical questions open, one that should be answered and one for which the opportunity to capture the data required to address it has passed.

The “lost opportunity” question is a comparison to what the investment in time was before the implementation of the current model for teacher evaluation and support and its related guidelines. Because all districts are now implementing a system associated with the current teacher evaluation and support guidelines, there is no district or school in Connecticut to sample for the data required for a comparison trial to see how much more time is currently being spent in Connecticut than was expended before these guideline changes occurred.”

[My emphasis added.]

• Another issue is how much more time intensive does the Connecticut teacher evaluation and support model become early and late in the school year. The Connecticut teacher evaluation and support model requires significant time at the start of the year (goal-setting conferences) and at the end of the year (summative conferences). The March to May sample period reflected in this

(continued from page 4) spend less time on other aspects of being an educational leader, including support.

The closest study I could find was one conducted in the Fall of 2014, by then-Education Connection (now EdAdvance) Consultant Jonathon Costa, Jr., who looked at some of these same issues for the Connecticut Association of Schools (CAS) and SDE. This Time Sample Study: Principals’ Work Implementing the Connecticut System for Educator Evaluation and Support was not designed like that of REL and therefore, this may seem like comparing apples to oranges.

Nonetheless, its findings clarify what was occurring during the early implementation stage of PEAC’s work and the comments help us think through these difficult issues. The findings and comments: • Implementation of the teacher evaluation and support system is a resource-consuming enterprise, occupying at least 28% of a building principal’s time. Balancing this observation is the reality that supporting teaching and learning is by consensus a top priority for principals and the fact that these resources are now being devoted to this practice would have to be seen as a positive thing. This is reinforced by the data that shows most of the time spent in

Save the Date CABE invites you to A Day on the Hill March 8, 2017 8:30 am The Bushnell Autorino Great Hall Capitol Avenue, Hartford • A State Legislative Network Program for CABE Member Boards, their Superintendents and staff, PTA and PTO members, students and guests

the need to accelerate the pace of change was expressed during a recent meeting between the CABE Board of Directors, Commissioner Wentzell and members of the State Board of Education.

Patrice A. McCarthy DEPUTY DIRECTOR/GENERAL COUNSEL, CABE

time study generally fell between those two phases. The study participants here were collecting data in a normal operations window with the primary focus of the evaluation and support model time being used was applied to instructional observations and evidence analysis. As such, it is probably a safe assumption that the levels of time investment (28.45%) for teacher evaluation and support reflected in this study are probably lower than the total would be if the study had been centered on an early in the year period, end of year period, or a year-long sample.”

It would be interesting to know how much of the time spent by principals today was on the process and how much was in support of teachers. That will have to await a new study. Even today, further mandates that have to be fulfilled by principals often take time from support.

Evaluation and support will continue to be an important aspect of a building principal’s responsibilities. To make it as efficient and effective as possible will continue to be a priority for the educational community as we work to ensure high quality in all of our schools.

The REL study can be found at http:// ies.ed.gov/ncee/edlabs/regions/northeast/ pdf/REL_2017201.pdf.

Robert Rader

EXECUTIVE DIRECTOR CABE

• Come to learn the latest on key education issues before you lobby your legislator on how they will impact your district.

“Principals are more than ever focused on student achievement while still retaining traditional administrative and building manager duties. They spend more time in classrooms and focus more on curriculum and instruction; and collecting, analyzing, and using data to improve student achievement. There is also a stronger emphasis on shared leadership and building human capacity. Principals who effectively share leadership still actively monitor and support those tasks to ensure everyone is progressing towards the school’s goals, but as they do this they are empowering other adults to grow in the profession.”

Dr. Karissa L. Niehoff Executive Director CT Association of Schools CT Interscholastic Athletic Conference

16

The Journal – Connecticut Association of Boards of Education | November 2016

Serving the Legal Needs of Connecticut’s Boards of Education Please visit Education Law Notes, our school law blog that covers legal matters of interest to Connecticut public school districts. Education Law Notes covers issues that are at the heart of board service, including academics, labor and employment, special education, gender equality and disability rights, social media, bullying and administrative policies and procedures. Inform yourself and your board. Visit Pullman & Comley’s Education Law Notes at http://schoollaw.pullcomblog.com/.

Issues Covered include:

William R. Connon

Jonathan B. Orleans

860.424.4385 wconnon@pullcom.com

203.330.2129 jorleans@pullcom.com

Rachel L. Ginsburg

Stephen M. Sedor

860.424.4372 rginsburg@pullcom.com

203.330.2137 ssedor@pullcom.com

Donald F. Houston

John P. Shea, Jr.

203.330.2245 dhouston@pullcom.com

860.424.4387 jshea@pullcom.com

Melinda B. Kaufmann

Mark J. Sommaruga

860.424.4370 mkaufmann@pullcom.com

860.424.4388 msommaruga@pullcom.com

Michael P. McKeon

Zachary D. Schurin

860.424.4386 mmckeon@pullcom.com

860.424.4389 zschurin@pullcom.com

www.pullcom.com

O

The Constitutionality of Teacher Tenure

O

Immigration Status Checks by School Districts

O

District and Individual Liability for Failing to Address Bullying and Harassment

O

District Responsibility for Vendor Speech

O

Board of Education Committee Requirements

O

Paying “Volunteers”

O

Changes to FMLA for Paraprofessionals

O

Freedom of Information Act Compliance

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