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Connecticut Association of Boards of Education Vol. 20, No. 9

The Leading Voice for Connecticut Public Education

October 2016

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

Cirasuolo and Niehoff Jointly Win Friend of Public Education Award Robert Rader

EXECUTIVE DIRECTOR, CABE

Patrice A. McCarthy

DEPUTY DIRECTOR/GENERAL COUNSEL, CABE

The CABE Board of Directors voted at its September meeting to honor CAPSS Executive Director Dr. Joseph Cirasuolo and CAS/CIAC Executive Director Dr. Karissa Niehoff with its 2016 Friend of Public Education Award. CABE has awarded the Friend of Public Education Award twelve times. The Award is given to those men and women who have worked to support public education in Connecticut and are not eligible for other CABE awards. The Board made clear that not only did it want to honor these two individuals for their tremendous work on behalf of the State’s children and their associations, but, also for building a strong relationship between their organizations and CABE. These leaders have helped build a “tripartite” partnership with CABE that has been instrumental in advocating for the positions of Superintendents, Principals and School Boards at the Legislature, State Board of Education and in the many committees and task forces in which we all are involved. The Award will be presented, at the Friday Banquet, at the CABE/CAPSS Convention on November 18th in Mystic. Past recipients have been: Theodore Sergi, Pat Luke, John Allison, Lorraine Aronson, Tom Mooney, James Comer, Robert Frahm, Betty Sternberg, George Coleman, David Nee, Virginia Seccombe and Anne Bryant. Dr. Niehoff started her education career as a physical education instructor in Greenwich in 1989. She has also worked in Redding and then Bethel. She taught Personal Wellness and Latin at Litchfield High School, became Assistant Principal of Har-Bur Middle School in Burlington and in 2004 became Principal of Region 10’s Lewis Mills High School.

See FRIEND page 2

81 Wolcott Hill Road Wethersfield, CT 06109-1242

Connecticut Association of Boards of Education Inc.

Dr. Cirasuolo has been involved in public education since beginning his teaching career in 1964. He has been as Assistant Principal, Director of Learning Services, and Superintendent in Clinton and Wallingford. He was Connecticut’s Superintendent of the Year in 1993. He also served as a Leadership Development Consultant and later Chief

Connecticut Superior Court Issues Historic Ruling in School Funding Case Patrice A. McCarthy

DEPUTY DIRECTOR/GENERAL COUNSEL

Rebecca Adams

SENIOR STAFF ATTORNEY, CABE

“Back to school” had new meaning on September 7, 2016 when Superior Court Judge Thomas Moukawsher read his ninety-page decision in the case of CCJEF v. Rell from the bench over the course of four hours – including a one-hour lunch break. This historic education adequacy and equity lawsuit challenging the constitutionality of Connecticut’s K-12 education finance system, was filed in 2005 by the Connecticut Coalition for Justice in Education (CCJEF), a coalition of parents, students, CABE, CAPSS, CEA, AFT, many municipalities, boards of education and private citizens. Rather than focusing on specific amounts of education funding, the Judge ruled that the state is currently not meeting its constitutional obligation to provide

an adequate education for every student. His decision addressed the right of students to graduate from high school ready to move on to higher education or enter a career, as well as policy issues related to the state’s failure to make that happen. Much of the Judge’s decision is dicta, his observations based on the many hours of testimony he heard over the sixty days of trial, which spanned the course of six months. 50 witnesses testified at the trial, and the Judge made 1060 individual findings of fact. Ultimately, the Judge issued a series of orders requiring the state to come back before the court with plans to modify various aspects of Connecticut’s education system to make it “rationally, substantially, and verifiably connected to teaching children.” He ordered responses from the State in the following areas: • The relationship between the State See CONNECTICUT page 14

Focus on AfricanAmerican Girls

Convention News

Public Education Evolving and Progressing

PAGE 4

PAGE 6, 7

PAGE 10

Normal American Town? PAGE 13

Periodical Postage PAID Hartford, CT

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

PRESIDENT COMMENTARY

Autumnal Reflections Ann Gruenberg PRESIDENT, CABE

In New England, early October often finds us celebrating Columbus Day as a time-worn tradition. Most years the timing of this long weekend corresponds with emerging foliage, which is a natural wonder we love, even if we have allergies. As educators, students and board members, we have grown to understand that Christopher Columbus may have arrived on this continent, but others were well-settled here before his arrival. Asserting that he “discovered” this place is a “Eurocentric” perspective, at best. “Rethinking Columbus” (Bigelow and Peterson) is a useful resource for clarifying what actually occurred, with some historical accuracy. Initially published in the early 1990s,

with a revised edition in 2002, this book guided us through the process of reconsidering historical perspectives to be more accurate and representative of what actually happened. Curiously, this book was effectively removed from programs in Tuscon, Arizona as recently as 2012, when the Mexican American Studies Program was eliminated from the curriculum. Evidently, we still have work to do. Another resource, “The Anti-Bias Curriculum” (Derman-Sparks) has become culturally sensitive a classic regarding practices, with a recently updated book (2014) “Leading Anti-Bias Early Childhood Programs: A guide to change” with Debbie Leekeenan and John Nimmo. Educational programs have been charged with integrating developmentally relevant and appropriate approaches to addressing diversity throughout the curriculum, and it is important that we recognize and celebrate those successes. This may take the form of ensuring that there are crayons representing a full range of skin tones available in classrooms or it may be demonstrated in other ways. It may also take the form of learning about cultural groups among refugees, ranging from the Hmong to Somalia and Syria. At the same time, when there is seriously “unfinished business”, including, but not limited to, the ways in which cultural insensitivity persists through the infrastructure of our schools, we must be prepared to deal with it. Why, we might ask, are we still having to make sure we are effectively addressing the needs of all our students, including those who represent diverse cultural groups? This dynamic is not quite like a hurricane stalled off-shore, threatening to move inland, but not actually doing so.

Our commitment to addressing diversity has to be genuine, positive and persistent. It is essential, for instance, that we not frame these perspectives as problems needing to be solved. Instead, we must embrace the richness that is such an integral part of our diverse heritage, appreciating the ways and degrees to which our diversity is part of the very fiber of our national heritage. Along with our national parks, we have a shared commitment to diversity. While we know Columbus did not “discover” this land, we maintain the long weekend. Would it make more sense for us to call it a “fall weekend” or autumnal celebration? In truth, we continue to need a genuine focus on diversity, in all its complexity. “We should all know that diversity makes for a rich tapestry and we must understand that all the threads of the tapestry are equal in value no matter what their color.” Maya Angelou’s words and thoughts are as relevant today as they were when she wrote them decades ago. Perhaps rather than continuing to celebrate the myth of Christopher Columbus we may shift to a celebration of the autumnal change with the myriad colors of the changing seasons. The splendid, color-filled transformation, and a “last hoorah” of sorts before winter keeps us attuned to our relationship with and stewardship of the natural environment. The heart-warming traditions of apple-picking, enjoying the harvest and looking out for others can be sustained, even as we continue our own individual and collective journeys toward practices that reflect social justice, equity and accessibility in the context of high quality programs and practices.

Friend of Public Education Award Cirasuolo

(continued from page 1) Operating Officer at the American Association of School Administrators (AASA). In 2008, he became the Executive Director of CAPSS. In that capacity, he has led CAPSS as an articulate and persuasive advocate and has embarked on providing a vision for public education, especially in developing whitepapers and encouraging the implementation of mastery-based learning.

Neihoff

(continued from page 1) In 2011, she became the Executive Director of CAS/CIAC (representing principals at all levels and athletics in our schools). She has led CAS to become more involved with advocacy at the State level and has worked tirelessly to provide principals with professional development, especially at this time of reform.

Mission: To assist local and regional boards of education in providing high quality education for all Connecticut children through effective leadership. Vision: CABE is passionate about strengthening public education through high-performing, transformative local school board/superintendent leadership teams that inspire success for each child.

Board of Directors EXECUTIVE COMMITTEE

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

ASSOCIATES

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

COMMITTEE CHAIRS

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

CITY REPRESENTATIVES

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 the Executive Director

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

EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite GOLD MEMBERS

Berchem, Moses & Devlin Centris Group Guidance Counselors for Senior Teachers Pullman & Comley Shipman & Goodwin SILVER MEMBERS Anthem Blue Cross and Blue Shield Arthur J. Gallagher & Company Corporate Cost Control Milone & MacBroom, Inc. Perkins & Eastman The Segal Company Sprint Svigals & Partners BRONZE PLUS MEMBERS BL Companies Coordinated Transportation Solutions Friar Associates 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

Do You Have a High-Performing Board?

Robert Rader

EXECUTIVE DIRECTOR, CABE

Boards of Education and Superintendents are busy at work providing the best education they can for their students, even as changes in public education keep coming at us. One of the frequent questions I get from Boards and others is: What makes for a high-performing board? There are many different indicia of high performance. For example, CABE’s School Board Recognition Award criteria contains many recommendations on the broad areas of how the Board leads in student achievement, professional development, policy, community relations, and related organizational leadership. We recognize and applaud those who achieve “Level One” or a “Board of Distinction” Award! I hope you will consider getting your application in as soon as possible, so your Board can be recognized at the November 18-19 CABE/CAPSS Convention! The National School Boards Association’s Center for Public Education also has set out a list of characteristics that help typify top-quality boards. Take a look; does your Board fulfill these? Do you have Board goals for fulfilling those in which you may not measure up?

Effective School Boards

The Center believes that effective school boards: • Commit to a vision of high expectations for student achievement and quality instruction and define clear goals toward that vision. Effective boards make sure these goals remain their district’s top priorities and that nothing detracts from them. • Have strong shared beliefs and values about what is possible for students and their ability to learn, and of the system and its ability to teach all children at high levels. In high-achieving districts, poverty, lack of parental involvement, and other such factors are seen not as excuses but as challenges to overcome. • Are accountability driven, spending less time on operational issues and more time focused on policies

•

to improve student achievement. High-performing boards establish a vision supported by policies that target student achievement. Have a collaborative relationship with staff and the community and establish a strong communications structure to inform and engage both internal and external stakeholders in setting and achieving district goals. Are data savvy: They embrace and monitor data, even when the information is negative, and use it to drive continuous improvement. Align and sustain resources, such as professional development, to meet district goals. With their superintendents, lead as a united team, each from their respective roles, with strong collaboration and mutual trust. Take part in team development and training with the superintendent to build shared knowledge, values, and commitments for improvement efforts.

School Boards of the Future

Three years ago, I worked with state school boards’ executive directors from around the country to help define what the School Board of the Future will look like. We outlined this as leadership targeted to key areas of accountability, advocacy, innovation, and customer service. Accountability: The future board will have a clear accountability framework for assessing the quality of its schools based on progress over time. This framework will go beyond test scores to include monitoring results in terms of citizenship, safety, and the arts, so all children graduate as well-rounded citizens. For too long, others have defined accountability in a narrow, punitive way. School boards of the future will use accountability systems based on best practice and sound research, and embrace vigorous standards. A school board will recognize that sustained or pervasive underperformance cannot be tolerated. They support graduated, flexible systems of intervention to improve performance while building their community's capacity to effectively govern its schools. Advocacy: The future school board engages with other governmental entities on the local, state, and federal levels in a more systemic, comprehensive, and collaborative way than now. Advocacy must be seen as a primary responsibility of every local school board member, acting

as a team, and in concert with the superintendent. This advocacy is to the only way to shift state and federal policy makers from mandating prescriptive programs to providing assistance and resources to spur innovation. It also will help to align school interests and needs with community partnerships. Innovation: The school board of the future is a catalyst for innovation with a customer-service, personalized approach to educating every student. Such innovation eliminates rigid restraints of calendars and seat time. The school board of the future promotes a district-wide culture to facilitate individualized learning plans whether students are college-bound or are pursuing a technical career. Year-round or other non-traditional school calendars and extended days and years will be common in the school district of the future. Collaboration: The dynamic nature of educating a workforce for jobs that do not yet exist demands collaboration with business, industry, and universities. However, in a flat world, these partnerships need to go beyond the borders of neighboring districts and states to extend across the globe. The future school board partners with schools in other countries as well as more traditional groups. Customer-Service Oriented: The board of the future embraces a district-wide customer-service orientation that recognizes and respects the fact that parents and students have choices. But, the board of the future not only works to ensure that its schools are the best option for as many children as possible, it also focuses on ensuring there are high-quality nontraditional schools to meet student needs. The school board of the future oversees a portfolio of public school options in its jurisdiction to help parents and students determine their best options.

How Close Can You Get to the Ideal?

So, how close are you to moving in the direction of a high-functioning Board of the Future? Are you working together as a unit, recognizing that all board members and the superintendent may have very different perspectives on issues? You should know that our Lighthouse Project is aimed specifically at helping Boards in all the areas that I outlined above. If interested, just let us know. I encourage you to continue your learning and working towards the ideal. By doing so, you will help your district, your staff and, most importantly, your students.

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

Focus on Supporting African-American Girls While showing good progress in English Language Arts as well as math, last month’s release of Smarter Balance Assessment (SBA) scores showed, to no one’s surprise, that our achievement gaps persist. One of the groups still falling behind their white counterparts are African-American girls. For example, in reaching Level 3 on the English Language Arts part of the SBA, African-American girls were nearly 40 percent behind white girls. In the Math part of the test, African-American girls were slightly further behind (see chart). I asked Commissioner Dianna Wentzell for her comments on the education of African-American girls. Her response:

meet those needs... It is incumbent on us to do everything we can to help our African-American students achieve success in college, career, and life.” The focus of much study across the country has been on African-American boys and their under-performance on standardized tests. However, black girls also face difficult obstacles in finding equity and success in public education. Unlocking Opportunity for AfricanAmerican Girls: A Call to Action for Educational Equity, published by the National Women’s Law Center and the NAACP Legal Defense and Education Fund, Inc., states that while African-American girls have “played significant roles in ensuring

Percent at or above Level 3, 2015-16

(Grades 3-8 combined)

ELA

Math

Asian Females

78.9%

70.7%

Black or African American Females

37.7%

18.5%

Hispanic/Latino of any race Females

37.4%

20.6%

White Females

73.8%

56.5%

All Females Statewide

60.8%

43.8%

Source: Connecticut State Department of Education

“In our pursuit of equity and excellence for all Connecticut students, we must commit ourselves to understanding the unique needs of African-American girls and working with all of our partners to

the availability of meaningful educational opportunities for everyone… the ongoing experience of African American girls in our nation’s schools are rarely considered or discussed.”

September CABE Board of Directors Meeting Lisa Steimer

Sr. Staff Assoc. for Professional Development, CABE

Wentzell shared with the CABE Board of Directors information on: • The State Board of Education’s FiveYear Comprehensive Strategic Plan: Ensuring Equity and Excellence for All Connecticut Students, including: o Ensuring students’ non-academic

The CABE Board of Directors met on September 15 and as has traditionally been done at the September meeting, we were joined by State Board of Educaplease see SEPTEMBER page 15 tion members Steven Wright, William Davenport and Malia Sieve, and Commissioner of Education Dianna Wentzell. This meeting is always a great opportunity for meaningful two-way conversations, with all walking away with a better understanding of needs and initiatives. l. to r. State Board Members Malia Sieve, Steven Wright, Commissioner Wentzell Commissioner and William Davenport

There are barriers that prevent African-American girls from getting the most out of their education: “lack of access to quality educational opportunities; pervasive racial and gender stereotypes that affect the decision-making of school leaders and educators; discriminatory discipline practices that disproportionately push them out of school; high rates of exposure to sexual harassment and violence; juvenile justice system involvement; and lack of support for those who are pregnant or parenting while still in school.” The study makes the following “Call to Action” to develop and implement policies and programs that will “not only improve outcomes for African-American girls, but for all students” [emphasis added]. I have not included all of the detail for the sake of brevity: • Give students a strong start by investing in early childhood education. • Provide support for the most vulnerable students. • Ensure equitable distribution of school resources. • Eliminate overly punitive and exclusionary discipline practices. • Reduce race- and gender-based harassment and violence. • Support pregnant and parenting students. Identify educational barriers for pregnant and parenting students, evaluate promising school-based programs to support their educational success, and give school districts resources and tools to establish such programs. Support medically-accurate and comprehensive sex education that is LGBTQ inclusive and does not stigmatize young parents. • Increase access to athletics and other after-school programs. • Support leadership development among African-American girls. Expose African American girls to African American women in leadership positions and help AfricanAmerican girls develop skills that will enhance their leadership potential. Amplify the voices of AfricanAmerican girls and ensure that their needs are addressed in policies and programs. • Increase access to Science, Technology, Engineering, and Math (STEM) programs and other rigorous course offerings. Ensure that schools take the steps necessary to provide African-American girls and

women with equal access to STEM classes; ensure that schools train teachers and administrators to identify and address implicit bias and stereotypes, isolation, and other issues impacting the involvement and success of AfricanAmerican girls and women in STEM. • Encourage transparency and accountability for the performance of all students. Promote policies that identify low-performing schools, and require that reported data be cross-tabulated to take into account the ways in which the intersection of race, ethnicity, and gender affect the educational outcomes of girls and boys of color. • Strengthen enforcement of Titles VI and IX to eradicate race- and gender-based discrimination in schools. • Invest in the future of AfricanAmerican girls. Target philanthropic funding domestically to address the needs of women and girls of color; funding should be aimed toward providing social services, support systems, and programs that will help address the needs of all African-American girls, especially the most vulnerable — those who are low-income, in the child welfare system, victims of child sex trafficking, struggling to complete school, or in the juvenile justice system. The full report is available at: goo.gl/ xTG9HF, contains more detail on these recommendations for schools and districts. Robert Rader

EXECUTIVE DIRECTOR, CABE

The Journal – Connecticut Association of Boards of Education | October 2016 See You in Court – The Nutmeg Board of Education

Did the Nutmeg Board violate FOIA by discussing the CCJEF decision? 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. For years now, Bob Bombast, veteran member of the Nutmeg Board of Education, has been perplexed by and concerned about the State formula for providing funds for education. Accordingly, he has watched carefully – and patiently – as the Connecticut Coalition for Justice in Educational Funding v. Rell case has wended its way through the courts since 2005. Bob was ecstatic when he heard that the superior court ruled on September 7, 2016 in favor of the CCJEF plaintiffs, and he couldn’t wait to share that news with the public at the next Board meeting. When the Board next met, Bob waited again patiently, this time for the Board to get to New Business. When it did, Bob raised his hand and was recognized. “I have an item of information, and some proposed actions for the Board to consider. The superior court has just ruled in CCJEF v. Rell that State has failed to meet its obligation to fund education in Connecticut in a rational manner. ‘We all know that the General Assembly goes crazy sometimes. Like when it gave the Board of Finance an annual opportunity to tell us how to operate more efficiently. Who ever thought that is a good idea? ‘Anyway, now this judge has called the State out on a wide range of concerns, including the need to define elementary and secondary education, the need to revise the system for teacher evaluation, and the need for changes in how we approach special education. ‘Of greatest interest to me is the funding piece. I have long suspected that the General Assembly has shortchanged Nutmeg in funding for education, and this judge was very critical of what he called arbitrary decision-making by the General Assembly in these matters. He has given the State 180 days to figure out a better way. ‘Given this good news, I move that we reinstate the 10 paraprofessional positions that we had to cut during the budget talks last year . . . .” Board member Mal Content interrupted Bob, “But where are we going to get the money? We didn’t want to cut the para positions, but it was our only option.” “Didn’t you hear what I said?” responded Bob with a withering stare. “The State

has only 180 days to come up with a new plan. I am confident that we will get more funding this year. We should restore the para positions now and get the benefit of their work rather than paying them unemployment compensation.” The Board debated Bob’s motion, but ultimately shot it down, deciding that it would wait before incurring new expenses, despite the good news from the judge in CCJEF. After the meeting, reporter Nancy Newshound of the Nutmeg Bugle cornered Ms. Board Chairperson and asked her how the Board could talk about CCJEF and about restoring positions without the topic’s being on the agenda. “Don’t worry, Nancy. Remember, I took the mandatory FOIA training after your last complaint. As you know, the Board didn’t take any action, so I don’t see why we would have to worry about the agenda.” Was it OK for Nutmeg to talk about the CCJEF ruling at its meeting as it did? And how likely is it that Nutmeg will receive additional funding now that CCJEF has been decided?

The CCJEF decision is an important first step, but by no means the last word, in addressing concerns over how education is funded in Connecticut. In a strongly-worded opinion, Superior Court Judge Moukawsher took the General Assembly to task because, in his opinion, State actions regarding education – in funding, in defining standards for educating children, in teacher evaluation and supervision, and in special education – have failed to meet a standard of rational decision-making. Rather, he held, the State has a duty to establish policies for education that are rationally, substantially and verifiably calculated to achieve educational opportunities for the children whom the State is constitutionally obligated to educate. Judge Moukawsher’s ruling is the latest in a long line of state court decisions concerning education, all based on article eighth, § 1 of the Connecticut Constitution, which provides: “There shall always be free public elementary and secondary schools in the state. The general assembly shall implement this principle by appropriate legislation.” Significantly, in 1973 the United States Supreme Court ruled in San Antonio Independent School District v. Rodriguez that education is not a right protected by the federal Constitution. Accordingly, litigation over educational funding and opportunities moved to the state courts, starting in Connecticut with Horton v. Meskill in 1974, followed by Sheff v. O’Neill in 1989, and then by CCJEF v. Rell, which was first brought in 2005.

Interestingly, however, even the long-established premise that education is not a right under the federal Constitution was just challenged in Martinez v. Malloy, a case brought in Connecticut federal district court in August of this year. The common thread here is that these cases take a long time to decide. Moreover, these cases involve both legal and political decision-making. Indeed, in 2006, the superior court first ruled that the claims made by the CCJEF plaintiffs relate solely to political decision-making and are not the business of the courts. A plurality of the court ruled in 2010, however, that the CCJEF plaintiffs should have their day in court. However, that plurality was established with the concurrence of Justice Palmer, who wrote that the Connecticut Constitution guarantees “a minimally adequate, free public education,” but that the plaintiffs could only prevail if they proved that the state’s educational system was “so lacking as to be unreasonable by any fair or objective standard.” As Justice Palmer’s opinion was the fourth and decisive vote to reverse the lower court, Judge Moukawsher based his decision on that standard.

The State has appealed the ruling, and the Connecticut Supreme Court has granted the State’s motion that it hear the appeal directly. The court has also granted the plaintiffs’ request that it address the issue of adequacy of funding. Significantly, however, the court has stayed the ruling, and the court will now consider whether the superior court was correct in its ruling and, only if it was, what the remedy should be. Finally, Ms. Chairperson may have to attend another remedial session on the FOIA. The FOIA defines a “meeting” as including a gathering of a quorum of a multi-member public agency “to discuss or act upon” a matter under its jurisdiction. While a news update may be provided under Communications or the Superintendent’s report, the Nutmeg Board should have refrained any substantive discussion of the CCJEF decision and its implications for Nutmeg until it places that item on its meeting agenda. 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

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

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Be inspired by Friday morning Keynote Speaker

Tony Wagner

Friday, November 18 – 8:30 – 10:45 am From April 11, 2016 presentation at the National School Boards Association’s (NSBA) Conference: “Innovation demands risk and sometimes failure. “ “No innovation without deep collaboration.” “What the world cares about is what you can do with what you know.” Student Panel Discussion Saturday, November 19 | 12:05 - 1:35 pm Learn what our students have to say, what we can learn from them, and how we can increase the student achievement of their peers, all students.

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member with 35 workshops sessions, like • Steps for Success: Public School, Community Col- lege, and Industry Collaboration • The Strategic Action Plan: Infusing Innovative Practices in Career Technology Programs • Utilizing Today’s Media to Tell Your District’s Story • Tomorrow’s Technology Today • Striving for a Better Tomorrow, Today: A Compre- hensive Approach to Social, Emotional, and Men- tal Health Needs of Students • Race: Does It Matter… Practical Strategies to Im- prove School Climate through Social Emotional Learning • Transforming a Middle School into a Culturally Responsive Community of Learners �

Discover what will help you be an effective board

Explore the Exhibit Hall Floor

Visit more than 50 exhibitors who are excited to share ways they can help your district’s work.

Follow along with #CABECAPSS2016 for the latest Convention updates. @ConnecticutAssociationofBoardsofEducation

@CTAssocBdsofEd

This is a list you WANT to be on!

If your district is not on this list, be sure to register for the CABE/CAPSS Convention Connecticut’ premier professional development for educational leaders! Register today at www.cabe.org/page.cfm?p=1145 CABE Area 1 Hartland Litchfield Naugatuck New Hartford Norfolk Oxford Plymouth Thomaston Waterbury Region #1 Region #6 Region #10 Region #14 CABE Area 2 Berlin Bloomfield Bristol Canton East Hartford Enfield Farmington Glastonbury Granby Manchester Newington Plainville Simsbury

Suffield West Hartford Windsor CABE Area 3 Ashford Bolton Coventry Ellington Hampton Hebron Mansfield Scotland Stafford Vernon Willington Windham Region #8 Region #11 Region #19 CABE Area 4 Brooklyn Canterbury Eastford Griswold Killingly Plainfield Putnam

Sterling Woodstock CABE Area 5 Bethel Brookfield New Fairfield New Milford Newtown Redding Ridgefield Sherman Region #12 CABE Area 6 Bridgeport Fairfield Greenwich Monroe Stamford Stratford Trumbull Weston Westport CABE Area 7 Bethany Branford Derby

Milford Seymour Shelton Wallingford West Haven Woodbridge Region #5 CABE Area 8 Clinton Cromwell East Hampton Middletown Old Saybrook Region #18 CABE Area 9 Bozrah East Lyme Franklin Groton Ledyard Montville New London North Stonington Norwich Preston Voluntown Waterford as of September 14, 2016

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

Children First: Opening Opportunities for All! CABE/CAPSS Convention November 18-19, 2016 Mystic Marriott Hotel, Groton, CT BREAKING NEWS!

Friday Evening Speaker An Evening with Abraham Lincoln

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Born in 1809 in humble circumstances, Abraham Lincoln became the 16th President of the United States. He is regarded 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 leader-

Fritz Klein as Abraham Lincoln

ship, 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.

Friday Morning Talented Students Performance The Bloomfield High School Voices of Inspiration will kick us off on Friday morning!

Saturday Morning Speaker

The CABE/CAPSS Convention Committee is pleased to announce that Nadia Lopez is the Saturday morning General Session speaker. 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 plans for a class contest. Eighth graders prepare to matriculate into the alumni association for continued college readiness preparation. Despite the fact that 100% of Nadia’s students live below the poverty line, last year 72 of Mott Hall Bridges’ 75 graduates were able to enroll in high schools beyond the Brownsville community. Nadia’s school combats the school-to prison pipeline with a stunning 98% graduation rate among its

Nadia Lopez

first three graduating classes. An inspiration to students and teachers 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. In April 2015 she was honored with the Black Girls Rock Change Agent Award televised 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 panel “The Education Revolution.” Nadia will sign her book, The Bridge to Brilliance, which will be available in the Convention bookstore, following her session. Additionally, Nadia will provide a session for principals following her book signing.

Saturday Morning Talented Students Performance The Plainfield High School Marching Band will wake us up on Saturday morning!

The Journal â€“ Connecticut Association of Boards of Education | October 2016

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

Is Your District Prepared for a Potential Threat? Dr. Mary Cheyne

FORENSIC PSYCHOLOGIST

Roy W. Hill

CONSULTANT, SAFE SCHOOLS SOLUTIONS

It’s just before first period and Leslie, a ninth grade student you have known for the past two-years knocks on your office door. Leslie the normally smiley-faced student has a concerning look on her face and says: “Can we talk?” Over the next 10 minutes, Leslie tells you about her boyfriend’s younger brother, Eric, a seventh grader. Eric recently received his semester grades which included a “D”, an “F’ and an “Incomplete”. Eric was grounded by his parents, who also cut his ties with his best friend Lucas. Leslie tells you that she heard Eric loudly accusing his teachers for his parents’ disciplining him and making statements like: “They are going to pay for this.” After a long pause, Leslie then states that the police were at Lucas’ house yesterday, because his father says one of his handguns is missing. You ask Leslie to take a seat in the neighboring empty office and write down what she has just told you. Overwhelmed with thoughts of school shootings in Columbine, Colorado; Portland, Oregon;

Reno, Nevada, and many others – you focus on what do I do next? Your mind goes to a recent regional education meeting where another school administrator discussed how their district had just developed trained School Threat Assessment Teams. “Right now” you think, “I wish we had a team to analyze and develop an action plan for this problem.”

What is a School-Based Threat Assessment Team?

The Los Angeles Unified School District defines a threat assessment as “a process for responding to threatening situations in which a particular student threatens another student(s) and/or staff.” “The primary purpose of a threat assessment inquiry is to determine whether a particular student poses a threat of targeted school violence.” The first step in a school based threat assessment is to have the principal or school administrator determine how they want to proceed. The type of threat and the initial credibility of the threat will establish whether the Threat Assessment Team (TAT) will be activated. School-site or school district based

TAT’s are devised of multidisciplinary information gathering and decision making members. These teams normally include an administrator from the school, a mental health professional, school counselor, and a School Resource Officer or police officer assigned to work with school based issues (refer to FERPA regulations). Other school staff , community based members and/or subject matter experts may be added if the situation dictates. Dewey Cornell, PhD, who directs the University of Virginia's Virginia Youth Violence Project, “likes to think of threat assessment in public health terms: prevention, not prediction. Just as seatbelts and speed limits prevent injuries without predicting who will crash a car, threat assessments aim to prevent violence without profiling potential attackers.” The Threat Assessment Team has many avenues to explore and decisions to make. The TAT’s first process is gathering information related to the threat, the threatener and the potential target(s). This information gathering process can be done similar to many investigations through interviews and document review. The timing of the interview of the person who allegedly made the threat can be

very important. Conducting the interview before the team has as much pertinent information as possible may lead to not asking the person the appropriate questions. So, that is typically one of the last pieces of the puzzle. After all the interviews are completed and documentation is gathered, the TAT reviews and makes a ‘team decision’ on the credibility of the threat and level of risk or urgency. In many reviews, the “MOM” theory (Motive, Opportunity, and Means) used by law enforcement investigators can be a helpful guideline. If the team deems the threat a risk, the team then develops a response plan. Based on the severity and immediacy, the response plan could vary from a counseling program for the person making the threat and an apology to the person threatened, to an immediate lock-down or evacuation with an arrest(s) by law enforcement.

In closing

Many organizations active in school safety have identified ‘Threat Assessments’ as the “missing link” in violence prevenPlease see POTENTIAL THREAT page 11

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

Public Education is Constantly Evolving and Progressing Tom J. Gentzel

EXECUTIVE DIRECTOR, NSBA

A purple school van delivers preschool lessons and health care to isolated Wyoming children and their families. Indiana ninth-graders attend a summer program designed to smooth the transition to high school. A rural California district provides Wi-Fi on school buses, then sends those vehicles to low-income areas so students who live there can do their homework after school hours. Day after day, public school leaders and educators perform acts of heroism. It’s not the kind of heroism that makes headlines or gets social media attention, but it’s heroism, nonetheless. Still, some pundits claim that America’s K-12 public education system is broken. Tear the system down they declare, and hand the schools over to for-profit racketeers who claim to guarantee success. I have devoted more than 35 years to public education, working alongside and advocating for school leaders and their communities. Public education is my life’s work. I am here to tell you: Public education is not broken. If the system were broken, would we have historic high graduation rates at the same time we have the most rigorous academic requirements? Would 80 percent of graduates go on to two- or four-year

colleges and universities? That’s an amazing achievement, at a level unimaginable just a decade ago. A child who speaks only a little English learns to read in English - that’s not failure. A child with dyslexia improves his comprehension on a reading test - that’s not failure. Multiply these successes, these victories, by the millions, and you have an accurate picture of what public education is accomplishing - every hour, every day, every year. There are challenges, to be sure. Alarmingly, more than 16 million children - 22 percent of all children - live in families with incomes below the federal poverty level, according to the National Center for Children in Poverty. That’s more children living in poverty today than during the recent recession of 2008, notes the Annie E. Casey Foundation. Public schools are neither daunted nor disillusioned by these trends, taking all children - those who come to kindergarten already reading and the children who have never opened a book or had one read to them. The native English speakers and the children who have never spoken or read a word of English. The children from stable middle-class homes and the children whose only meals are those they eat at school. The children with genius IQs and the children with severe disabilities and behavioral issues. Public education takes them all. Public schools have made a social

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.

contract with all of our children. Educators understand that if children don’t have their basic needs met, they cannot learn. So schools go far beyond academics by providing food and clothing, health care, and more. They help parents find social services, and offer English and GED classes and other training. Public education has played a significant part in lifting generations of people from lower to middle income, and from middle to higher income. And, public schools have enormous potential to elevate even more children and their families out of poverty - but schools cannot do it alone. A societal commitment to solve the problems of poverty is needed. Sadly, childhood poverty and racial disparities are hardly discussed by elected officials, and these issues have been mostly absent from this election year’s political debate. At the same time, budget cuts and legislation promoting vouchers and other programs that divert essential funding from schools, along with the reluctance to invest in public education, continue to undermine the amazing work taking place

in what is arguably our most valuable institution. The recent passage of the Every Student Succeeds Act, the landmark legislation passed by Congress last December with strong bipartisan support and signed into law by President Obama, holds great promise to support the work of public education. Among other things, it shifts more decision-making back to state and local education leaders, where it belongs— giving them a stronger voice in creating education policy and programs that will make a difference in their communities. Let’s invite honest and ongoing conversations about how we can improve public education. Let’s learn from the successes and reforms across the county, and work to address the challenges. We owe that to the 50 million children who walk through our public schoolhouse doors every day. This article first appeared in the Huffington Post. See more at: http://www. nsba.org/newsroom/public-education-constantly-evolving-and-progressing#sthash. HBi8CvEV.dpuf

Book Review

The Bridge to Brilliance The keynote speaker at the CABE/CAPSS Convention on Saturday, November 19 will be Nadia Lopez, a principal in Brooklyn. In her recently published book “The Bridge to Brilliance”, she describes her experiences creating a middle school in one of the most challenging neighborhoods in New York City. “Brownsville is not a neighborhood where children get to be children for very long, if at all.” Most of the students in this Brooklyn neighborhood live in deep poverty and witness violence in their community. Ms. Lopez emphasizes the academic potential of her students by consistently referring to them as “scholars”. At Mott Hall Bridges Academy, a public middle school, she implements the educational theory known as the democratic classroom – a setting based on mutual respect, where students are active participants in the learning process. In the community the school serves, many students are culturally alienated from the education system and also lack freedom in their outside life to express themselves and explore ideas. Ms. Lopez uses strategies including finding professionals to volunteer to provide activities based on student interests, including music production, comic book design, culinary arts, stepping, coding, and gardening. The development of the scholars’ social and emotional well-being gives them tools they will need as they move beyond middle school. “Understanding and managing choice, being able to question others respectfully, voicing an opinion with reason and proof – these are all things that are essential to success at any age. So are healthy relationships…” Ms. Lopez and her staff recognize the need to develop basic life skills for these scholars, which students in other districts might already have a foundation for – communication, problem solving, conflict resolution, respect for themselves and a strong work ethic. Ms. Lopez also discusses the challenges faced by building principals who, while they enjoy autonomy in their building, lack peers to serve as a sounding board, provide mentorship and develop networks to share best practices and other challenges. Ms. Lopez concludes with observations that are applicable to all school board members, administrators, teachers and other policy makers. “We need to attract talented leadership to education with both financial and social incentives, maintain rigorous standards for teachers while providing them with the support to achieve those standards, and allow all children access to equal educational resources”. The recent Superior Court decision in CCJEF v. Rell makes this a very timely discussion. Join us on November 19 to hear first-hand about the challenges and successes Ms. Lopez’ students have experienced, and strategies that help scholars flourish. Editor’s Note: “The Bridge to Brilliance” will be available in the Convention bookstore. Ms. Lopez will sign copies of her book immediately following her keynote address. Patrice A. McCarthy DEPUTY DIRECTOR/GENERAL COUNSEL

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

CABE: working for YOU

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

* By representing Connecticut •

•

• • • • • • • •

school boards on the state or national level:

Met with new Hampton Superintendent Frank Olah and CABE President Ann Gruenberg, Stamford Chair Geoff Alswager and new Superintendent Earl Kim; Cheshire’s new superintendent Jeffrey Solan; and new Litchfield superintendent Sherri Turner about CABE’s programs, services and activities. Met with the Nellie Mae Foundation and other New England state school boards’ associations executive directors on communicating with boards and the public about personalized learning. Participated in Coalition for Public Education Committee discussing current education issues. Represented boards of education at a meeting of the Connecticut Commission for Educational Technology. Participated in webinars on new overtime laws and on presenting financial reports. Participated in Jumpstart Financial Literacy Coalition meeting. Participated in Professional Development Mandates Task Force meeting. Attended State Board of Education Meeting. Attended Connecticut Association of Schools Board meeting and provided update on CCJEF decision. Attended School Climate Task Force Meeting.

* By helping school boards to •

• • • •

increase student achievement

Sent out two issues of Policy Highlights via email listserv covering topics that affect student achievement. This included district wellness policies, the sexual assault and abuse prevention and awareness program, guidance pertaining to the Zika virus and school bus safety. Observed a meeting of the New Hartford Board of Education board. Participated in a Lighthouse planning session with the Region #1 Board of Education. Did a Convention site visit at the Mystic Marriott for a new CABE staff member. Met with CAS staff regarding cultural competence leadership training.

* By promoting public educa• •

tion:

Discussed education issues on WNPR. Met with new Dean of University of

Connecticut’s NEAG School of Education on working together. Attended and spoke at Commissioner of Education Dianna R. Wentzel’s Back to School Convening. Attended the Forum pertaining to Student Data Privacy. Attended the CAPSS Board of Director’s meeting. Met with representatives of the Rudd Center and the American Heart Association regarding wellness policies.

• • • •

* By providing opportunities

for members to learn how to better govern their districts:

•

Spoke at an Ulster BOCES (New York State) conference on LGBTQ issues. Responded to 29 requests for legal and governance information from 23 school districts. Participated in training with the Colchester Board of Education on the Lighthouse Community Leadershipmodule. Facilitated board retreats with the Sherman and Shelton Boards of Education. Thirty-five requests for policy information was provided to 26 districts,

• •

the State Department of Education, one RESC, and two out-of-state school boards association for sample policies, on 34 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 staff use of social media.

* By providing services

to meet members needs:

• Facilitated Montville Board of Education retreat. • Responded to inquiries from Board of Education members and superintendents. The “Hot” Legal topics this month were: Procedure for resignation of board members, public notice and rejection period of ratified collective bargaining agreements, number of board members and having a quorum on a subcommittee, documents drafted in “preparaiton for executive session” and disclosure under the FOIA, who participated in hiring principals, how to get an item on a meeting agenda, filling board va-

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.

• • •

•

cancies, and impact of school finance litigation (CCJEF v. Rell). Started an audit of the Trumbull Board of Education policy manual. Currently in the process of doing an audit of the Winchester Public Schools policy manual. As part of the Customized Policy Update Service materials were sent to Avon, Derby, Fairfield, Greenwich, Griswold, New Canaan, New London, North Haven, Portland, Region #5, and Southington Boards of Education. Staffed CABE Resolutions and Government Relations committee meetings.

* By ensuring members

•

receive the most up-to-date communications:

As part of the Customized Policy Update Service materials were prepared for East Hamtpton, East Windsor, Marlborough and Windham Boards of Education. Presented a webinar on the landmark school funding decision of CCJEF v. Rell.

POTENTIAL THREAT

continued from page 9 tion. Threat Assessments have been described as the process of trying to connect the pieces of information that paints a picture that someone is moving on a pathway towards serious violence before the violent act occurs. Is your school district prepared to respond with a trained Threat Assessment Team when that potential threat is reported? Dr. Mary Cheyne is a Connecticut-based forensic psychologist and risk/threat assessment and management professional. She provides student risk/threat assessment evaluations and consultation/training to schools, businesses and organizations, including professional development trainings. Roy W. Hill is a 29-year law enforcement veteran in both Connecticut and Southern California. Roy is currently the lead consultant for Safe School Solutions LLC, based in Stratford, Connecticut. Editor’s Note: This was one of the many worthwhile workshops proposals that could not be accepted by the Convention Committee due to a limited number of slots. Those presenters whose proposals were not accepted were offered the opportunity to write for the CABE Journal.

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

The Policy Corner Vincent A. Mustaro

SENIOR STAFF ASSOCIATE FOR POLICY SERVICE, CABE

Board of Education Committees Boards of education commonly establish standing committees and advisory committees in order to facilitate the board’s work. Whether a board chooses to establish committees depends on the size of the board, the number and complexity of issues that require board attention and the board’s governance philosophy. Board committees that receive an appropriate “charge” can significantly assist the board in its routine work and in its decision-making process. Board committees are commonly used to explore and make recommendations on what can often be time-consuming problems and issues. Connecticut law permits the use of committees. Many boards make extensive use of standing committees, special or temporary (ad-hoc) committees on specific projects, and committees of the whole board. However, it must be emphasized that board committees cannot act for the board, except as authorized by law or by board action. Only the board, meeting with a quorum in a properly-called session, is empowered to determine policy and make binding decisions on any issue.

Standing Committees

Standing committees are established to perform a continuing function. They usually remain in existence indefinitely, although the membership of the committee

may change. Appointments to the board’s standing committees usually take place at the board’s annual organizational meeting. The number of board members assigned to a standing committee depends on the size of the board and the scope of the committee’s jurisdiction. The superintendent serves as an ex officio member of the standing committee. Most boards also include its chairperson as an ex officio (non-voting) member of standing committees, although some boards allow the chairperson to vote. The role of the board chairperson on standing committees should be made clear in the board’s bylaws. Standing committees must be cautious not to usurp administrative responsibility or interfere with the working relationship of the full board and the superintendent and staff. Further, a standing committee should not be considered so knowledgeable and powerful that the board merely becomes a “rubber stamp” for committee recommendations. The thinking of some members of the board should not be substituted for the thinking of the entire group. Therefore, if the board uses standing committees, it is important to make sure they operate to facilitate and, if necessary speed up board decisions, not to avoid deliberation and determination by the full board. Common standing committees often include curriculum, finance, personnel, policy and facilities.

Upcoming Professional Development Opportunities Thursday, October 13 8:30 am - Registration 9:00 am - 12:00 am Program Inn at Middletown Legal Issues 2016: Ensuring Safe School Climate Video Recording Systems Body Cameras in Schools Superintendent Evaluation: Best Practices and Avoiding Legal Pitfalls

October 18 12:30 pm - Registration 1:00 pm - 3:40 pm Community Center 30 Greenfield Street Wethersfield Fall Meeting of Superintendents’ Secretaries, Administrative Assistant and Executive Assistants

Valet Parking Available at No Expense to You! To register for either of these workshops go to: www.cabe.org/page.cfm?p=1141 or call CABE 860-571-7446 or 800-371-0033

Special Committees

In contrast to standing committees, special committees, also known as ad hoc committees, or advisory committees, are appointed to perform a specific task in a certain amount of time and then discharged when the task is completed. They are essentially fact-finding, deliberative and advisory bodies that submit reports and recommendations to the full board on specific issues. While standing committees are comprised solely of board members, ad hoc, special or advisory committees may include non-board members, usually people with experience, knowledge or interest in particular issues. Boards often look at citizen involvement in committees as a possible source of future candidates for seats on the board. Such committee members often become interested in the schools and in board service as a result of their involvement on a special committee. The charge or instructions given to an advisory committee, in order to be sure that the board’s intent and expectations are clear, should include the following, preferably in writing: A. The purpose of the committee, the specific issue(s) for study, and/or the scope of the committee’s activity; B. The composition of the committee, including designation of voting and non-voting members, if applicable; (the Board should specify whether the advisory committee chair is to be appointed by the board chairperson or selected by members of the committee) C. The length of time each member is expected to serve; D. The role of the committee being advisory only; E. The resources the board will provide, if any, to assist the committee in completing its task; F. The expectations regarding the committee’s relationship with the board, the superintendent and school system personnel; G. The designation of the individual who will be responsible for providing information to the public concerning the committee and its work; H. The time and place of the first meeting; I. The timeline for progress reports to the board and/or other activities; and J. The date on which the board expects to receive a final report or recommendation and dissolve the committee.

All advisory committee meetings are open to the public except as may otherwise be provided by law. Committee reports and minutes of advisory committee meetings are public information subject to the Freedom of Information Act (FOIA). The FOIA ensures that the meetings of public agencies, which includes boards of education and committees and subcommittees created by the board, take place in public. Moreover, this FOIA requirement also covers committees created by the board that may include or consist of nonboard members. Meetings of committees are public in the sense that they are held in public. However, there is no statutory requirement that the public be permitted to speak at a board or committee meeting. It is common practice, established by policy and bylaw language for boards, whenever possible, to allow community members to speak to matters under consideration at the board meeting. Policy/bylaw language specifies the manner of such public participation. Boards should also consider allowing public participation at committee meetings which are also subject to the FOIA. This provides an opportunity for community members to provide input and to have their concerns heard by the committee. This encourages active participation by district residents and fosters transparency. Members of the public can make an important contribution and be a valuable source of information to the committee.

Committees of the Whole

The board, at times, also might meet as a committee of the whole to discuss matters of policy and/or to work on specific tasks. All board members who can attend meet to consider defined issues unencumbered by other topics or by a need to progress through a regular board meeting agenda. The Freedom of Information Act, as previously indicated, applies to all committee meetings. Committee meetings must be open to the public. Therefore, this includes the need to appropriately post all meetings, to maintain minutes and to have those minutes available for public inspection.

Policy Implications

Several board policies and bylaws relate to this topic. They are available upon request from the CABE Policy Service. They are also available in CABE’s online Core Manual.

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

What is a “Normal” American Town? In late April, the respected statistical analyst organization FiveThirtyEight tweeted an article by Jed Kolko. FiveThirtyEight, known for its founder, Nate Silver, often publishes information on politics, economics and sports and has been stellar in predicting elections. Kolko’s article focused on what is “normal America”? In other words, where are the “normal” American areas that politicians are so focused upon? Is it our big cities? Small suburbs? Rural areas? The author “calculated how demographically similar each U.S. metropolitan area is to the U.S. overall, based on age, educational attainment, and race and ethnicity.” He used an index that would equal “100 if a metro’s demographic mix were identical to that of the U.S. overall.” Which areas came out on top? I was surprised to learn that New Haven-Milford came in first in the whole country with a score of 93.2, Tampa-St. Petersburg-Clearwater, Florida, was second and third was Hartford-West

Hartford-East Hartford with a score of 90.2. States that look the most like America are “Illinois and New York, followed by New Jersey, Connecticut and Virginia. So when you hear politicians on any side of the aisle speak about how one has to get out of the “beltway” or the “left and right coasts”, remember that a trip to New Haven or Hartford may provide a better sense of the “real” America. Who knew that a ride up or down Interstate 91 would enable you to see the real America? And, the issues that these cities face, are the ones much of the rest of America also need to solve. For those into nostalgia for the 1950s, Kolko found that the areas that today look demographically most like America at that time, are in eastern Ohio and in southeastern Kentucky. They are not large metropolitan areas, but smaller metros and rural areas. The article can be found at http://goo. gl/1dgPgy. Robert Rader

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

EXECUTIVE DIRECTOR, CABE

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

Available from the CABE Bookstore! Understanding the Connecticut Freedom of Information Act and Access to Public Meetings and Records Fourth Edition Written by:

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

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

For more information contact, CABE Search Services, 860-539-7594 P.O. Box 290252, Wethersfield, CT 06129-0252 Equal Opportunity Employer

CCJEF decision overshadows State Board meeting Sheila McKay

SENIOR STAFF ASSOC. FOR GOVERNMENT RELATIONS, CABE

On the day when the CCJEF decision was released, the State Board voted to approve a management service contract for Capitol Prep Harbor Charter and Achievement First. They also approved the Commissioner’s Network Plan for Columbus School in Bridgeport. On the Consent agenda, the Board approved, a name change for Ed Connection, a Regional Education Service Center, to EdAdvance. The appointment of an Impartial Arbitrator, Michael Ricci, was also approved as was the Annual Review for Coaches on Concussion and Head Injury. In a brief financial update, the Board heard that the agency is being asked by the Office of Policy and Management to submit for FY 2018/19, a Current Services Budget and a 10% reduction budget. Details of the current Services budget request include an ask for Excess Cost at the statutorily required level, (4 ½ times the per pupil expenditure) which would be $55.8 million. The cap on the grant expires June 30, 2017. Further details on the proposal can be found at http://www.sde.ct.gov/sde/cwp/ view.asp?a=2683&Q=336406. The Board also discussed a $27 million Capital Budget Request for low performing districts and the technical and charter schools.

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

CONNECTICUT

(continued from page 1) and local government in education; • An education aid formula; • A definition of elementary and secondary education, including an objective and mandatory statewide

graduation standard; • Standards for hiring, firing, evaluating, and paying education professionals; and • Funding, identification, and educational services standards for special education.

Webinar Overview on CCJEF v. Rell

Patrice McCarthy, Deputy Director and General Counsel; Rebecca Adams, Senior Staff Attorney; and Sheila McKay, Senior Staff Associate for Government Relations, presented a webinar overview of the Superior Court’s ruling on the CT School Funding Case. This archived webinar can be viewed on CABE’s website: http://bit.ly/2chaHsC

It is important to note that while the Judge expressed various opinions about possible remedies, he did not order the State to undertake any specific remedies. For example, he noted that while the court can’t dictate the amount of education spending, it must follow a formula influenced only by school needs and good practice. Judge Moukawsher gave the State 180 days, to the middle of March, to respond to his orders. After the State responds, CCJEF will have 60 days to weigh in, after which he will convene a hearing and ultimately rule on whether the State’s proposals pass constitutional muster. The Judge also specified that the State must include timelines for implementation, observing that changes of this magnitude and scope cannot all be made at once. The timelines, perhaps even more than the proposals themselves, will place education issues front and center in the 2017 legislative session. CCJEF was represented by the New York law firm of Debevoise & Plimpton, which provided its services pro bono. Debevoise was assisted by Attorneys David Rosen and Alex Knopp, and the Yale Law Education Clinic. Students in the

Yale Law Clinic initially filed the suit and successfully argued before the Connecticut Supreme Court that the Connecticut Constitution guarantees public school students the right to an adequate and equitable education and requires the state to provide that education. On September 20, 2016, Chief Justice Chase Rodgers granted the State of Connecticut’s request to hear an appeal of CCJEF v. Rell. The Chief Justice also approved the State’s request to stay the 180 day timeline for the state to propose remedies. In addition, Chief Justice Rodgers granted the CCJEF Coalition’s request that, if the Supreme Court agreed to take the appeal, the Supreme Court hear all of the determinations made by the trial court in its decision. This means that the Supreme Court will consider all of the findings and conclusions of law made by Judge Moukawsher, including those regarding the standard for the State’s responsibility to fund and provide all public school children with an adequate education. The Connecticut Supreme Court has not yet issued a timeline for briefs and arguments in the appeal.

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

Elem Middle High 2010

Elem Middle High 2011

Projections & Planning for the Next Generation Milone and MacBroom specializes in working with School Districts and Boards of Education to develop long lasting solutions including Enrollment Projections, School Redistricting/Reconfiguration, Long Range Facility Plans, Growth Forecasting, Housing Analysis, and Public Outreach. Our team combines the latest technologies and breadth of experience to help districts develop enrollment management plans. To learn more about our specialized school services, contact Mike Zuba at mzuba@mminc.com.

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Elem Middle High 2012

The Journal – Connecticut Association of Boards of Education | October 2016 Running an Effective Board Meeting

Board members and superintendents gathered at the CABE Office for a workshop on Running an Effective Board Meeting. Participants heard from three experienced Board Chairs: Elizabeth Brown (Waterbury), Donald Harris (Bloomfield) and David Joy (South Windsor) about what works for them as board chairs. There was also an opportunity to share experiences and tips to take back to their districts.

SEPTEMBER

(continued from page 4) needs are met so they are healthy, happy, and ready to learn. o Supporting students’ school and district in staying on target with learning goals. o Giving students access to great teachers and leaders. o Making sure they learn what they need to know to succeed in college, career and life. • The entire Five-Year plan is available at www.ct.gov/sde. Commissioner Wentzell and the State Board members continued with a lively conversation with the CABE Board of Directors on a variety of topics including: • Saying, “Kids can do it”, the Commissioner noted that scores on the Smarter Balanced Assessment were up in the second year of its administration. She additionally noted that the biggest gains were seen in the Alliance Districts. o Connecticut’s readers are the strongest in the nation according to NAEP. o We have a highly collaborative state and that is why we thrive. CABE is a great partner in many initiatives. o However, achievement gaps persist.

• We must make sure that all read on grade level by the end of third grade. At the local level board members needs to ask, “How do we know K-2 students are on track for reading?” • 8% of the education workforce in Connecticut is Hispanic or African-American, yet 40% of our students are of color. We need to better recruit teachers of color. • We are unlikely to see more money in the State budget, therefore the role of leadership and decision making at the local level is more important than ever. • SDE is working on promoting creative ways to make breakfast available in school. Currently, Connecticut is ranked 47th in the country when it comes to students eligible for breakfast program receiving it. • The RESCs are responsible for the regional stakeholder engagement piece of the new federal Every Student Succeeds Act. They will be reaching out to school boards and superintendents. • Arts standards will be brought forth at the next meeting of the State Board of Education. • When discussing Agri-Science programs around the State, State Board member William Davenport noted that “In 2008, 52% of students finished college with a degree in six

Annual meeting of the CABE Board of Directors with the State Board of Education and the Commissioner.

CABE Government Relations and Resolutions Committee Meeting

The CABE Government Relations/Resolutions Committee meet in the CABE Office to review the resolutions that will be presented to the membership at the CABE Delegate Assembly on November 17. Committee members in attendance were: l. to r . Becky Tyrrell, Resolutions Chair, Plainville; Sheila McKay; Ann Gruenberg, Hampton; John Prins, Branford; Donald Harris, Vice President for Government Relations, Bloomfield; Lydia Tedone, Simsbury; Elizabeth Brown, Waterbury; Pam Munro, Salem; Richard Murray, Killingly; Robert Mitchell, Montville; Patrice McCarthy; Christopher Wilson, State Relations Chair, Bristol; Gail Heath; Jennifer Dayton, Greenwich; Mirna Martinez, New London; and Robert Rader. You can register for the Delegate Assembly on the CABE website www. cabe.org.

years. In 2008, 96% of agri-science students finished college with a degree in 5 years.” Additionally, funding of all school choice programs, including agri-science schools, was discussed. Following the conversation with the Commissioner and members of the State Board, additional business addressed by the CABE Board of Directors included: • Annual reaffirmation of CABE’s Code of Conduct. • Selection of this year’s Friend of Public Education Award. See article on page 1. • Approval of filing Amicus Curiae (friend of the court) brief in New Milford Board of Education v. New Milford Education Association. This case concerns a matter with

statewide impact. The Union has obtained a ruling by a grievance arbitrator that effectively nullifies a ruling previously obtained from an interest arbitration panel. Furthermore, it infringes upon a Board of Education’s unilateral authority to make changes concerning the student school year, a non-mandatory topic of negotiation in Connecticut. • Received the report of the Resolutions Committee. Resolutions will be acted on at the Delegate Assembly on November 17th. • Received the report from the Board Structure Committee which is looking at ways to improve the effectiveness of the CABE Area Directors. The Board is next scheduled to meet on October 18th.

Using Social Media to Get Ahead of the Story Research done by the Pew Research Center in March 2014 shows that Millenials, often parents of school-age children, are the only generation who has not had to adapt to new technologies. They are the most avid users of technology and are the leaders in using the “new platforms of the digital era – the internet, mobile technology, social media to construct personalized networks of friends, colleagues and affinity groups.” 81% of Millenials have a Facebook account and average 250 friends each. Because social media is a natural communication platform for Millenials, social media may be used to spread misinformation about your school district. What does this mean? Just as social media can be used to spread misinformation, it can be used to share accurate information and provide a window into a day in your district’s schools. Employing social media does not mean newsletters, emails, and websites are abandoned. Some information may be appropriate to be shared in all or some of these channels. Get ahead of misinformation by employing social media to ensure accurate timely information is being shared. For information on using social media in your school district, contact Lisa Steimer at lsteimer@cabe.org or 860-571-7446. Lisa Steimer SENIOR STAFF ASSOCIATE FOR PROFESSIONAL DEVELOPMENT

The Journal – Connecticut Association of Boards of Education | October 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

The Constitutionality of Teacher Tenure

Immigration Status Checks by School Districts

District and Individual Liability for Failing to Address Bullying and Harassment

District Responsibility for Vendor Speech

Board of Education Committee Requirements

Paying “Volunteers”

Changes to FMLA for Paraprofessionals

Freedom of Information Act Compliance

BRIDGEPORT

HARTFORD

STAMFORD

WATERBURY

WHITE PLAINS

203.330.2000

860.424.4300

203.324.5000

203.573.9700

914.705.5355