CABE Journal - September 2016

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Connecticut Association of Boards of Education Vol. 20, No. 8

The Leading Voice for Connecticut Public Education

September 2016

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

CCJEF v. Rell Trial Closes; Awaiting Judge’s Decision The historic CCJEF v. Rell case – a once-in-a-generation education adequacy and equity lawsuit challenging the constitutionality of Connecticut’s K-12 education finance system — ended on August 10, 2016. The trial was held before Judge Thomas Moukawsher in Hartford Superior Court.

The Connecticut Supreme Court ruled in CCJEF’s favor in 2010, holding that the education clause in the Connecticut Constitution requires a minimum threshold of quality for that education and that the education funding system be rational. It did not, however, define the threshold, leaving that to be determined at trial.

The Connecticut Coalition for Justice in Education Funding, known as CCJEF, established in 2004, is a nonprofit coalition made up of parents, school districts, towns and cities, and education-focused associations that seeks to achieve an adequately and equitably funded PreK-12 public education system that is based on the learning needs of students and the real costs of delivering high-quality education in every community.

CABE is a charter member of CCJEF. Patrice McCarthy, CABE Deputy Director and General Counsel and Richard Murray (Killingly), CABE Immediate Past President, serve on the CCJEF Steering Committee.

See CCJEF v. Rell page 14

Connecticut Association of Boards of Education Inc.

SENIOR STAFF ATTORNEY, CABE

Judge Moukawsher, must now issue a decision within 120 days, unless the parties agree to an extension in the complex matter, including whether the state is meeting that threshold. His ruling will likely be appealed to the state Supreme Court.

Over the course of 61 days of court proceedings CCJEF called 34 witnesses, including Superintendents Sal Pascarella (Danbury), Nathan Quesnel (East Hartford) and Fran Rabinowitz (Bridgeport), while the State called 18 witnesses, including Commissioner of Education Dianna Wentzell and Commissioner of Early Childhood Education Myra Jones-Taylor.

The five-month trial, which began on January 12, 2016, wrapped up with final arguments from State which were subject to pointed questioning from the Judge, and rebuttal arguments of the plaintiff CCJEF. As the attorney for the state finished his arguments and asserted that Connecticut had met its constitutional obligation, three central questions emerged: • Is the education funding system rational?

• Did CCJEF prove a systemic problem?

• Who’s responsible for shortcomings?

Joseph Moodhe, the lead attorney representing CCJEF, argued through the trial that the evidence presented by witnesses demonstrates that school funding

Commissioner Dianna R. Wentzell’s Back-to-School Message The start of a new school year is so exciting. For those of us that live our lives in public education the countdown to the first day of school is full of eager anticipation. This is really our new year’s eve, our happy new year.

This month, we welcome 541,815 students back to school across Connecticut.

In over 1,400 public schools across the state, almost 52,000 certified public educators return this week committed to the mission of ensuring equity and excellence for our students.

We know our Boards of Education play critical roles in providing leadership in making this a successful mission. We are so grateful for the talent, energy and dedication of our board members in districts across Connecticut. So too are we grateful for incredible partners like the Connecticut Association of Boards of Education that work tirelessly on behalf of Connecticut children and families.

We have so much to be proud of in Connecticut.

• Record high graduation rates.

• Significant gains in reading and math after our first two years of the Smarter Balanced assessment.

• Readers who are among the best in the nation, according to our NAEP results.

• Connecticut schools are regularly praised as among the top in the country on countless national lists and ratings.

Among our greatest points of pride, I will include Connecticut’s steadfast commitment to welcoming all children and families – including immigrants and refugees; including gay, lesbian, bisexual and transgender students; including populations that in other states and other places have not been met with the same open doors, nurturing environment, and commitment to high expectations for all that we pride ourselves on in Connecticut.

In Connecticut, we also recognize the importance of recommitting ourselves to the values that make up the core of who we are as a state and as a community of educators.

This was a very significant year for the State Board of Education. A year ago, our board embarked on a journey to develop a five-year comprehensive plan. They committed to a process that involved See COMMISSIONER page 12

Nutmeg Board

Why No Breakfast??

CABE Annual Report

Students Learn Computer Coding?

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Rebecca Adams

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

PRESIDENT COMMENTARY

Thoughts for Beginning the New School Year Ann Gruenberg PRESIDENT, CABE

As the summer sounds of August, with crickets and katydids vibrating the air, yield to crisp, fresh September mornings, the

systems are in place for the beginning of a new school year.

From the general vantage point, it may appear that nothing has occurred since the previous June, but that is usually not the case. The hustle and bustle of the new school year may appear as if we are all

waking from hibernation, but most often the summers have included a fair share of busyness.

Even when professionals travel far away, there is often an undercurrent of remembering to get materials for classrooms, or gathering information to adjust the curriculum.

Clear blue skies, perhaps punctuated by a few puffy clouds, signal the excitement of the new year. As most would attest, this does not get old.

Whether the student is entering kindergarten, all excited about doing something so unfamiliar, or whether they are starting their senior year in high school, there is a sense of anticipation, along with the excitement and perhaps a little apprehension.

Picture perfect, aided by our ever-improving technology. A moment worth pre-

NSBA Summer Leadership Seminar

Attending the NSBA Summer Leadership Seminar representing Connecticut were: Patrice McCarthy, Deputy Director and General Counsel; Robert Mitchell (Montville) First Vice President; Lydia Tedone (Simsbury) NSBA Director; Ann Gruenberg (Hampton) President; Robert Rader, Executive Director; and Richard Murray (Killingly), CABE Immediate Past President.

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serving and sending to friends and family, near and far.

This feeling of pleasurable security has, unfortunately, been invaded by real-life events that shock and upset us. Just a quick glance at our televisions or computer screens can sometime reveal how quickly life can change.

During the past fifteen years, leadership teams have worked together to address vulnerabilities and increase resilience.

Like lightening, it is unlikely to occur in the same place and the same way, twice.

That is unless, of course, there is a lightening rod, or some element that serves as a magnet to the forces of danger, in which case the recurrence is both predictable and expected.

Whether or not we are consciously aware to the tone and tenor of the moments, the potential thrill and exuberance of new beginnings in school may be at least partially eclipsed by the threat and dread of forces that can hurt or even destroy.

Can any of us recall a time when there has been a greater need for effective teamwork and resourcefulness to optimize opportunities for children, wherever they are?

The impulse to focus on the blue skies and excitement is palpable. It surely would not help for us to be filled with “doom and gloom”. At the same time, we do have a shared responsibility to provide supports that are effective, and adjust our systems so we can be less vulnerable.

Safety glass, more strategic entryways as well as more careful monitoring of who comes and goes, when and where, are all essential. We have learned some painful lessons. Now, as Newtown opens its new school, we gather together in spirit to share support.

Has there ever been a time when working together, with mutual support and shared inspiration, coordinating with legislators and municipal leaders, has been more important? It is essential that we not be immobilized or overwhelmed. At the same time, staying focused and effective regarding ongoing shared goals is crucial.

Creating welcoming school communities that represent diverse cultural groups, ensuring high quality opportunities for all students, and making sure professionals have the support and skill they need in order to address diverse needs are among the many shared goals of leadership teams along with fiscal responsibility.

As we launch the new school year, the sparkling September mornings can serve as comforting reminders of that which is most important.

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

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

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 | September 2016

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EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members BUSINESS AFFILIATES DIAMOND MEMBER Finalsite GOLD MEMBERS

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

EDUCATIONAL AFFILIATES

American School for the Deaf Area Cooperative Educational Services Capitol Region Education Council The College Board Connecticut Association for the Gifted Connecticut Association of School Business Officials Connecticut Center for School Change Connecticut School Buildings and Grounds Association Connecticut Technical High Schools Cooperative Educational Services EASTCONN EDUCATION CONNECTION LEARN

Go for the Gold!

Robert Rader

EXECUTIVE DIRECTOR, CABE

The Summer of 2016 will be remembered as a tough one.

Difficult racial issues, a presidential race with a particularly divisive and strident political tone and concern over terrorism made our populace both anxious and concerned.

Confrontation, rather than clear, logical and empathetic thinking and speaking, seemed to take over the airwaves and the internet. I hope you were lucky enough to have a respite from it!

One of the good things about this August, was the Summer Olympics. Yes, I know about Zika and the abominable state of some of the venues (really – they told swimmers in the rivers not to put their heads in the water?) and lack of attendance. Remember that one of the principles of the earliest Games was that countries would stop fighting during the Games. We are not even close to honoring that idea.

I don’t think that the early Greeks were accused of taking enhancement substances either.

So, there’s plenty wrong with the what we do today.

While I am writing this in only the first week of the competition, I think that there are some things that we can take away from the Games that coincide with the things that Board Members and Superintendents should keep in mind as we begin a new school year:

• Preparation is key to success.

While television coverage often gives us a glimpse of the years of effort an athlete will put in, it is astonishing that for most competitors, the actual competition itself may be over in the wink of an eye. What they eat on race day may be the difference between gold and silver or between bronze and not earning a medal. So, proper, thoughtful preparation is critical. Board Members and Superintendents face different pressures, but if you want to be an effective Board Member or Superintendent, proper preparation for Board and committee meetings is critical. It builds credibility and is key to influencing others.

• Coaches count!

Do you have a mentor? Do you mentor others? Look at the importance Olympic athletes put into making sure they have the right people coaching them. Coaches need to be knowledgeable about the rules of the game, but must understand the unwritten rules, too. They must know how to bring out the best in their athletes. Do you have the right person coaching you? While many Board Members may not have a formal “mentor”, private sector executives, as well as Superintendents, often do. Mentors can help explain the obstacles (or “hurdles” if you like) to success and hopefully can help you reach the finish line.

• Imagine success.

Athletes have certain goals, depending on the sport. Sports psychologists often build athletes’ confidence by having them imagine crossing the finish line first or making that basket as the buzzer goes off. In order to build your confidence and keep you focused on your goals, try imagining that vote that gets your pet project funded and think through what it took to get there.

Did you have to convince other Board Members and the Superintendent that extra funding would be in the best interest of the district? Did you have to show evidence that it would help your students? Think it through—and imagine the possible unintended consequences that might make success even more difficult to achieve.

• Use your skills to be as effective as possible.

Look around your Board. Look at any team sport. All members of either of these “organizations” have different skills. If your skill is, for instance, in understanding fiscal reports, use your skill to help on your Financial Committee. Persuasive and well-schooled in

negotiating? Put that skill to work for you and your Board.

• Don’t shy from the heavy lifting.

In a very real sense, Board service and the work of Superintendents revolve around difficult, complicated issues, often weighty political considerations.

School Board Members must take positions on issues that are not prone to easy decision-making. Superintendents have to take many factors into consideration, especially when dealing with

issues like school start times or whether to recommend the termination of an employee.

• Don’t go out of bounds.

Look at the athletes who try to find an easier way to achieve their dreams.

When the track and field team from Russia is suspended from the Olympics for doping, you understand the consequences of taking illegal action to win. Exercise your rights, stay within the lines and remember the importance of good boardmanship (another word for teamwork), even when you disagree with others on the Board. Always understand the law, the rules, your role and set a high bar for personal conduct.

• The one who starts the race fastest doesn’t necessarily win.

There is more to pacing oneself than we usually discuss. Thoughtful working with the other members of the Board may allow the Board to prioritize its goals. No district can handle a constant flow of different initiatives. We saw this as we worked on Common Core and employee evaluations. The Professional Educators Advisory Committee (PEAC) delayed parts of the latter because our systems need time to adjust to change.

• Keep your eyes on the finish line.

What will be your legacy? Even if you’re like the American swimmer whose only Olympic activity was swimming in a four-man relay, he has a gold medal and was on the podium with Michael Phelps . Think in terms of what can I do to help the students in my community now and for the future? Even if that ends up being just one thing, that one thing may help your students cross their own finish lines!

The motivation and drive of world-class athletes comes from inside. For some, it’s about fame and money. Unfortunately, there is precious little glory and certainly no financial reward when one finishes school board service. But, the star Board Members find reward enough when they help their communities, their states, but most of all, their students. Make sure you’re headed in that direction.

Now, back to the presidential campaign!

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

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

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See You in Court – The Nutmeg Board of Education

Did the Nutmeg Board exceed its authority in hiring a new teacher?

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.

Mayor Megillah is in his second term as Mayor of Nutmeg, and he is starting to feel his oats. Sometimes he treats the Board of Education as a town department and tells the Board members what to do and when. Some Board members resent his presumption, but those in the same political party do try to toe the party line.

Last month, the Mayor went too far.

One of his political cronies is a certified teacher who quit teaching some years ago to raise her children, and she is now looking for a job. Mayor Megillah called Mr. Superintendent up to request a favor.

“I understand that you have a vacancy at Median Middle School . . . .” the Mayor began. “I have just the person for you – an outstanding educator who also understands our town and our people. When can I tell her that she has a job this fall?”

“Hold on, Mayor,” Mr. Superintendent responded irritably. “We do have a vacancy, but we are in the middle of a hiring process. I can’t just subvert that process to accommodate some political friend of yours. Besides, applications are closed for that particular position, though something may come up in the future.

Feel free to encourage her to apply to the Nutmeg Public Schools if she wants, but don’t make any promises that you cannot keep.”

Mayor Megillah was miffed at Mr. Superintendent’s unwillingness to do him a simple favor, so he decided to go straight to his friends on the Board. After a brief conversation, he lined up veteran Board member Bob Bombast to do his bidding.

Bob spoke up at the next meeting of the Board when the Board got to new business. “Ms. Chairperson, I have a new item to add to the agenda. We are fortunate here in Nutmeg to have Paula Pedant, one of the finest educators in the State. The Mayor speaks very highly of her. Paula is looking to return to education, and I move that we hire her immediately for the vacancy at Median Middle School before some other school district snatches her away.”

Mr. Superintendent started to object, but Ms. Chairperson shushed him.

Rather, she invited the Board to make two motions, one to place a new item on the agenda and another to employ Paula at Median Middle School. Mal Content, a Board member with no use for the Mayor, promptly spoke out, expressing concern that the Board should not be hiring staff, especially as the Mayor may recommend.

However, Bob responded that he was just doing his job as a Board member to bring outstanding candidates to the Board’s attention. After a little more back and forth between Bob and Mal, the Board voted 6-3 to add the item to the agenda. Bob then passed out Paula’s resume, which actually was quite impressive, and after brief further discussion the Board voted 7-2 to hire Paula immediately.

Are their any problems with the Board’s actions here?

Yes. The Board has exceeded its authority under the Teacher Tenure Act, and it also ignored extensive new responsibilities related to the hiring process imposed by recently-enacted Public Act 16-67, the provisions of which were effective July 1, 2016.

Starting with the Tenure Act, both the superintendent and the board of education have specific responsibilities.

Boards of education have the right to hire teachers, and “teachers” here includes all certified staff members below the rank of superintendent.

The law further provides that boards of education can delegate responsibility for hiring teachers to the superintendent, and most boards of education have delegated that authority to some extent.

The decision as to the scope of the delegation is for the board of education members to make. It is common, however, for boards of education to retain hiring authority for administrators at or above a certain level, such as principals, and otherwise delegate hiring authority to the superintendent.

Significantly, the right of a board of education to hire teachers has long been subject to a basic limitation. The Tenure Act provides in relevant part: “(b) Any board of education may authorize the superintendent to employ teachers. Any superintendent not authorized to employ teachers shall submit to the board of education nominations for teachers for each of the schools in the town or towns in such superintendent’s jurisdiction and, from the persons so nominated, teachers may be employed.”

The statute goes on to provide that boards of education may reject all such nominations, but that the superintendent must then make further nominations.

School boards do not have the authority to hire as teachers persons not nominated by the superintendent.

The Board here has also ignored the new requirements imposed by Public Act 16-67, which was effective July 1, 2016.

This new law makes significant changes to Conn. Gen. Stat. Section 10-222c, which previously simply required that school officials “make a documented good faith effort to contact previous employers of the person in order to obtain information and recommendations which may be relevant

to the person’s fitness for employment.”

Now, school districts are not permitted to hire any person whose employment will bring them into direct contact with students until they complete an elaborate new process including: • Requiring each such applicant to provide a list of all previous school district employers and previous employers that gave them contact with children.

• Requiring the applicant to consent to disclosure by previous employers and the State Department of Education of the information required by the statute.

• Requiring the applicant to provide written answers to a series of questions concerning were they ever the subject of or disciplined for or resigned as a result of investigation concerning allegations of sexual misconduct.

In addition, before a school district may hire any such person, it must comply with extensive new requirements, including the duty to contact all such previous employers and the State Department of Education to confirm that the applicant is not disqualified from employment because of sexual abuse allegations. The law expressly forbids school districts from

employing persons before completing the new statutory process. However, the statute does permit temporary employment before then, not to exceed ninety days, provided that the applicant has provided written assurance that he or she is not disqualified from employment on such grounds and the district has no knowledge of any information that would disqualify the applicant. Clearly, the Nutmeg Board of Education jumped the gun here in purporting immediately to hire Paula Pedant.

Public Act 16-67 also expressly prohibits school officials from making any agreement that would suppress information about an allegation or finding of sexual misconduct, limit their ability to report on such matters, or require them to expunge such information (unless after investigation an allegation is determined to be false).

It is impossible to cover all the requirements of the new law in this limited space, and board members and school administrators must study the new law carefully and adopt comprehensive new procedures to assure compliance with its various new requirements.

Attorney Thomas B. Mooney is a partner in the Hartford law firm of Shipman & Goodwin who works frequently with boards of education. Mooney is a regular contributor to the CABE Journal.

The Eighth Edition is here!!

A Practical Guide to Connecticut School Law

by Thomas B. Mooney, Esq. Shipman & Goodwin The Guide comes with a CD which provides hyperlinks to many cases and statutes and will permit ord searches as a supplement to the Index.

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

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

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

Registration Open CABE/CAPSS Convention November 18-19, 2016 Mystic Marriott Hotel, Groton, CT

�

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.

�

Discover what will help you be an effective board

member with 35 workshops sessions, like

Steps for Success: Public School, Community College, 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 Comprehensive Approach to Social, Emotional, and Mental Health Needs of Students • Race: Does It Matter… Practical Strategies to Improve School Climate through Social Emotional Learning • Transforming a Middle School into a Culturally Responsive Community of Learners

•

�

Register now and save!

Register today at https://em.eboardsolutions.com/cabe/emembership/getevents.asp. �

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

2016 CABE/CAPSS Convention Mobile App

Get instant access to all sorts of valuable Convention information!

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

Why No Breakfast??

Jim Crawford

Child Nutrition Specialist End Hunger CT

Curious about a program available to the schools in your district that increases academic achievement, attendance, and focus while decreasing negative behaviors, tardiness, and visits to the nurse with complaints like stomachaches, nausea, and tiredness? And it’s funded by the federal government.

The School Breakfast Program (SBP) is an essential element to creating a positive school climate, while ensuring that all children are properly fueled for the rigorous requirements of the classroom and, just like School Lunch, all students are eligible to participate.

“Back to School” time is the perfect opportunity to bring the SBP to your students and start the school year off with an enhanced school experience. No Connecticut school district is immune from nutritionally ill-prepared children entering their classrooms leaving them without the capacity to learn.

Connecticut classroom teachers will attest that some students in their charge slump mid-morning due to poor breakfast habits. Any doubts that these “slumps” are real quickly dissolve during standardized testing when most schools provide healthy

snacks and breakfast for all students enabling students to perform their best.

If breakfast is important when measuring learning on a standardized test, why isn’t it important throughout the school year when instruction is ongoing?

Further confirming the importance of students starting the day properly fueled

and making it as accessible and appealing to students as possible is one of the easiest and most cost effective steps to improve student readiness to learn and wellness, and, contributes to a positive school climate.

Lagging far behind most of the country, Connecticut still has twenty-four districts

and ready to learn, the 2015 Connecticut School Health Survey confirmed the positive relationship between eating breakfast and good grades.

Over 48% of high school students earning “As” report eating breakfast every day, while 34.6% of “B” students don’t skip this important meal. Serving school breakfast

that have no SBP in any of their schools.

38% of these districts have one or more schools classified as Severe Need by the State.

There is no one size fits all School Breakfast Program and many ways to implement it. Districts do not need to adopt the programs in all the schools at the same time.

Experienced assistance to help determine and implement the best way to provide breakfast is readily available at no cost through the Connecticut Breakfast Expansion Team (CBET). CBET is a collaborative group of consultants and funders who visit your district to assist in creating the right breakfast program for each school.

Urge your fellow Board of Education members, administrators, teachers, custodians, and food service staff to explore, investigate, and develop the best method for their building and the students.

Request CBET assistance today by filling out the contact form at: http://www. endhungerct.org/school-breakfast-program/.

More information on the SBP in Connecticut, its successes in Connecticut, and with town by town analysis of potential federal funds brought into each district, is available through the 2016 Connecticut School Breakfast Report Card.

Editor’s Note: This was one of the many worthwhile workshop proposals that could not be accepted by the Convention Committee due to a limited number of slots. Those presenters who were turned down were offered the opportunity to write for the CABE Journal.

WELCOME BACK TO SCHOOL Visit us at www.ctschoollaw.com, our site devoted entirely to emerging school law issues, events and resources.

SCHOOL LAW

SOLUTIONS

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NEW YORK

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Contact: Thomas B. Mooney at (860) 251-5000 | www.shipmangoodwin.com

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

2015- 2016 CABE Staff

Executive Committee

Administration

Robert Rader Executive Director rrader@cabe.org

2015- 2016 CABE Board of Directors

Teresa Costa Coordinator of Finance and Administration tcosta@cabe.org

Cory Ucci Receptionist/ Assistant to the Executive Director cucci@cabe.org

Ann Gruenberg President Hampton (h) 860-455-1211 (c) 860-465-7486

Government Relations

Patrice A. McCarthy Deputy Director/ General Counsel pmccarthy@cabe.org

Sheila McKay Senior Staff Associate for Government Relations smckay@cabe.org

Robert Mitchell First Vice President Montville (h) 860 447-8882 (b) 860-443-7441

Donald Harris VP for Government Relations Bloomfield (h) 860-243-3611 (b) 860-878-1403

Elizabeth Brown VP for Professional Development Waterbury (h) 203-754-7136 (c) 203-560-7028

Elaine Whitney Secretary/Treasurer Westport (h) 203-221-7335 (c) 203-673-6896

Richard Murray Immediate Past President Killingly (c) 860-230-4328

John Prins Member at Large Branford (h) 203-481-6279 (c) 203-623-6191

Susan Karp Area 2 Co-Director Glastonbury (h) 860-558-4849 (b) 869-633-5603

Michael Purcaro Area 3 Director Ellington (h) 860-993-5878 (b) 860-595-2141

Douglas Smith Area 4 Director Plainfield (h) 860-564-8339

Michelle Embree Ku Area 5 Director Newtown (h) 203-364-9862 (c) 203-270-6199

Area Directors

Gail Heath Administrative Associate for Government Relations gheath@cabe.org

Jonathan Moore Area 1 Director Region 1 (h) 860-927-4580 (b) 860-824-0855

Policy Service

Bryan Hall Area 2 Co-Director East Hartford (c) 860-310-8929

Photo Unavailable Andrea Ackerman Area 9 Director Groton (h) 860-536-2422 (b) 860-572-2110 Vincent A. Mustaro Senior Staff Associate for Policy Service vmustaro@cabe.org

Terry DeMars, Administrative Associate for Policy Service tdemars@CABE.org

Pamela Brooks Sr. Administrative Associate for Policy Serv./ Search Services pbrooks@cabe.org

Jennifer Dayton Area 6 Director Greenwich (h) 203-637-5823

Labor Relations

Roxane McKay Area 7 Director Wallingford (h) 203-269-5404 (c) 203-671-0622

Lon Seidman Area 8 Director Essex (h) 860-577-0566

Associate Directors

Rebecca Adams Senior Staff Attorney radams@cabe.org

Wilmarie Newton Administrative Associate for Labor Relations wnewton@cabe.org

Membership Services

Eileen Baker Associate Director Old Saybrook (h) 860-388-2761

Sharon Beloin-Saavedra Associate Director New Britain (h) 860-827-0136

Robert Guthrie Associate Director West Haven (h)( 203-934-7565 (c) 203-996-2382

Lisa Steimer Senior Staff Associate for Professional Development lsteimer@cabe.org

Robert Trefry Associate Director CT Technical High School System (h) 203-521-8371 (b) 860-807-2182

City Representatives

Committee Chairs Bonnie B. Carney Senior Staff Associate for Publications bcarney@cabe.org

“Don’t wait for someone else to take the lead — we need every board member to be involved. . .”

Nicholas Caruso Senior Staff Associate for Field Services and Coordinator of Technology ncaruso@cabe.org

Charles Stango City Representative Waterbury (h) 203-575-0411 Becky Tyrrell Resolutions Chair Plainville (h) 860-793-0615

Nancy Propfe Administrative Assistant for Membership Services npropfe@cabe.org

Jacqueline Heftman City Representative Stamford (h) 203-329-8108 Robert Trefry Federal Relations Chair (h) 203-521-8371 (b) 860-807-2182

Christopher Wilson State Relations Chair Bristol (h) 860-582-5002 (c) 860-681-8274

Richard Wareing City Representative Hartford (b) 860-695-8000

Carlos Torre City Representative New Haven (h) 203-387-1277 (c) 203-668-9940

9

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

CABE 2015-2016 Annual Report

It’s your Association – Get Involved!

During this past year, CABE continued to help its member Boards increase student achievement. Through the hard work of our CABE Board of Directors and Staff, we strive to address the needs of our members and increase their effectiveness and efficiency.

Advocacy

CABE works continuously to strengthen relationships with other educational organizations, such as Connecticut Asso-

Day on the Hill ciation of Public School Superintendents (CAPSS), Connecticut Association of School Business Officials (CASBO), National School Boards Association (NSBA), the RESC Alliance and others, which translates into more success at the State, regional and local levels. In addition, we work closely with the Connecticut State Department of Education (SDE) to accomplish shared goals. We also work closely with various coalitions and partnerships, which has resulted in more access to legislators and the Governor’s staff and greater visibility, both at the Capitol and in the media.

Some of our most important initiatives are accomplished through continued partnership with the Connecticut State Department of Education. We work together on board capacity to ensure student growth, through the Lighthouse Project (see next page), CABE’s Leadership Institute, Summer Leadership Conference, our work with school governance councils and workshops which highlight school board critical role in increasing student achievement.

We continued work on the Performance Evaluation Advisory Council (PEAC) and with the Legislature and Governor’s Office as they wrestled with issues concerned with professional educators’ evaluations over the last six months. We helped en-

sure that the concerns of school boards, together with superintendents and principals were taken into account.

We continued work as a partner in LEAD CT, helping grow leaders and revising the CABE/CAPSS Governance Statement and Team Assessment documents, which were mailed to boards and superintendents in June.

During the year, CABE was involved in many discussions with legislative leaders and the Governor’s Office, and partnered with numerous other organizations to promote public education. Our Federal Relations Committee lobbied the Connecticut Congressional delegation on several key issues. To provide the most up-todate information to our members, our staff participates in and monitors numerous task forces, commissions and legislation.

Additionally, we wrote testimony and lobbied on bills impacting education, met legislators around the State and prepared board members to do the same. We worked this year to maintain education funding at a time when many entities were cut or even eliminated.

We were also actively involved with the National School Boards Association, including presenting workshops at its Annual Conference, supporting Past President Lydia Tedone on the NSBA Board of

Directors, Patrice McCarthy serving on the Council of School Attorneys’ Board of Directors, and Robert Rader on the Liaison Committee (representing state school boards association executive directors).

Policy Services continued to provide services and to be a respected resource to a great number of districts by providing bi-weekly Policy Highlights, Customized

uct which has 19 subscriber districts.

CABE’s attorneys responded to hundreds of requests from board members and superintendents asking for individual assistance on legal issues covering many subjects. CABE also provided individual board workshops, statewide workshops, and collected and distributed district budget information each season. CABE also partici-

2015 CABE/CAPSS Convention Policy Manuals, Policy Update, Policy Audit, Custom Policy Updated, Connecticut Online Policy Service (C.O.P.S.), and the valuable reference tool, the CABE Policy Reference Core Manual. Additionally, as the go-to resource the Policy Service staff fielded approximately 600 requests for policy information and/or sample polices from CABE member districts.

CABE has provided the C.O.P.S. online service since 2007. There are currently 40 subscriber districts to the C.O.P.S. service.

CABE also provides another online service, CABE-Meeting, a paperless meeting prod-

pated as amicus curiae in cases of statewide impact and provided support in the CCJEF lawsuit (see page 1) on state funding for education.

Communications

We continue to examine our communications with our members and others to ensure we are providing timely information in a format that is desirable, whether email, website (www.cabe.org) or social media.

We invite you to follow us on both Twitter (@CTAssocBdsofEd) and Facebook (https://www.facebook.com/ConnecticutAssociationBoardsEducation). The CABE Journal, in its 41st year of publication, was available in both paper and electronic forms to better meet the needs of our readership and at the same time reducing the cost of producing this valuable resource.

Professional Development

The 2015 CABE/CAPSS Convention in November was a great success with nearly 700 people in attendance. The CABE/ CAPSS Convention Committee and staff look to grow the Convention each year – both in quality of programming and the number of people in attendance. We hope to see you at the 2016 CABE/CAPSS Convention on November 18-19 at the Mystic Marriott in Groton.

Testifying

See ANNUAL REPORT page 10

10

The Journal – Connecticut Association of Boards of Education | September 2016 What will the Connecticut Online Policy Service (C.O.P.S.) provide YOUR district?

ANNUAL REPORT (continued from page 9) CABE continues to grant awards to boards of education through the CABE Board Recognition Awards (which has two levels) and to students through the Student Leadership Awards program which granted 424 students awards in 2015-2016.

ates, which is great news in that the revenue from this program and others is “nondues” revenue, a category of revenue we always look to grow in an effort to offset dues.

To assist boards of education carry out one of their most important responsibilities, CABE offers a Search Service. We currently have three talented search consul-

• 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.

2015 Summer Leadership Conference Funded through a contract with the State Department of Education (SDE) CABE has helped a number of districts improve student achievement through more effective board leadership. Lighthouse trainers have worked with a cohort involving four other states and over a dozen Connecticut school districts.

CABE provides professional development for board members in a number of ways. CABE staff works with individual boards of education on a variety of topics of particular relevance to the individual board, such as FOI, roles and responsibilities and goal setting, present statewide workshops on topics of broader interest such as, in collaboration with CAS, CAPSS and the Anti-Defamation League on Supporting LGBTQ and Muslim students and through webinars that are most often presented live and then archived on CABE’s website for additional viewing. CABE also began offering professional development for superintendents’ secretaries this year.

tants who assist boards in recruiting and retaining superintendents, principals and other critical members of district staff.

CABE is pleased to offer, in conjunction with Baldwin Media, a variety of services for those who are in need of communications expertise. Your need can be internal communications, external communications, or crisis communications.

We provide additional services to member districts that include an unemployment cost control program and business travel insurance.

The association ended the year in a positive financial situation. We have continued to ensure our resources are consistent with the needs of our members.

We want to remind you, if you would like to use the Rovins Conference Room at the CABE Office, please let us know.

We don’t charge for use of the room and it’s a great place for a meeting for a retreat.

We want our building to be seen by board members as your building!

Other Services

Working For All Board Members

CABE’s Affiliate Membership Programs serve 28 business and 13 education affili-

We again urge all board members to be involved with the work we do. Don’t wait

for someone else to take the lead — we need every board member to be involved with school boards’ one statewide association - CABE! The entire CABE Annual Report can be found on CABE’s website at http://www. cabe.org/page. cfm?p=1329

District Secretaries Workshop

“It’s not that I’m so smart, it’s just that I stay with problems longer.”

11

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

boards association for sample policies on 54 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, sexual abuse prevention program, transgender youth, school resource officers, possession of firearms on school property and concussions.

* By representing Connecticut • • • • •

school boards on the state or national level:

Attended State Department of Education Mastery Test Task Force meeting.

Successfully completed Readiness Review as part of the Accreditation in Public Relation (APR) process.

Participated in Big 6 Coalition meeting.

Attended NSBA Summer Leadership Seminar.

Participated in NSBA Summer Institute for executive directors.

* 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 student nutrition (farm to school program), magnet schools, supervision of principals, assisting children in foster care and graduation requirements.

* By providing services

to meet members needs:

• Assisted Newtown Board of Education Vice-Chair in role as Co-Chair of the State Food Allergy Task Force.

• Facilitated a Board retreat and Lighthouse presentation to the Stamford Board of Education.

• Responded to inquiries from Board of Education members and superintendents. The “Hot” Legal topics this month were: Meeting agendas: special meetings, notice, and procedure for adding items; district responsibility for transportation to technical schools; roles of the professional development committee in determination of content; human resource investigations; selection of superin-

tendents; reviewing superintendents in executive session and issuing reports; and state mandated professional development.

• Completed an audit of the policy manual of the Wilton Board of Education.

• Currently in the process of doing an audit of the New Hartford Board of Education policy manual.

• As part of the Customized Policy Update Service materials were sent to Columbia, Fairfield, Greenwich, Milford and Amity Region #5 Boards of Education.

* By ensuring members

• •

•

receive the most up-to-date communications:

Attended the National School Public Relations Association’s (NSPRA) Annual Seminar.

As part of the Customized Policy Update Service materials were prepared for East Windsor, Marlborough, New Hartford and Union Boards of Education.

Planned webinar on professional learning.

* By promoting public education:

• Attended CCJEF v. Rell Trial final arguments and rebuttal in Hartford Superior Court.

• Spoke at New York’s Ulster County Board of Cooperative Educational Services (BOCES) on issues related to students who are transgender.

* By providing opportunities • • •

• •

•

•

for members to learn how to better govern their districts:

Responded to 38 requests for legal and governance information from 23 school districts.

Facilitated roles and responsibilities workshop for the Branford Board of Education.

Met with leaders from Connecticut Center for School Change on planning a forum on personalized learning.

Planned, implemented and attended successful Summer Leadership Conference.

Participated in training with the Colchester Board of Education on the Lighthouse module on Community Leadership and made a presentation to the Wolcott Board of Education.

Provided Lighthouse training for the Region #1 Board of Education and made a Lighthouse data presentation at the Gilbert School.

Fifty-two requests for policy information was provided to 31 districts, one newspapers, one RESC, one state agency and two out-of-state school

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.

People in the News Lorraine

Jacques, who served as CABE’s Administrative Assistant for Government Relations, died recently.

Lorraine retired in 2005 after 22 years of service to CABE. Patrice McCarthy, who worked closely with Lorraine said “Lorraine was very dedicated to the Association and proud of the work CABE does. She was a wonderful colleague.”

Pat Luke, who served as CABE President and as Director of Government Relations, recalled that “Lorraine was a loyal employee whose secretarial skills were forged by hard work, determination and dedication.”

Gail Heath, who was recommended by Lorraine for the Administrative Associate position for the Government Relations Department said “Lorraine was a true friend and pleasant to work with. Patrice and I enjoyed visiting with her and her husband Gerard. Lorraine was my mentor and she will be greatly missed.”

Lorraine had served as the President of the Connecticut Association of Educational Office Professionals.

Lorraine was also a member and past president of the Bristol Lions Club, and served on the Bristol Committee for People With Disabilities.

We will miss Lorraine, and extend our condolences to her family.

Robert Mitchell (Montville), First Vice President, CABE, has been elected 2nd alternate for the National School Boards Association (NSBA) Nominating Committee on behalf of the Northeast Region of NSBA. Patrice McCarthy has been reappointed as a member of the Connecticut Bar Association Education Law Section Executive Committee and the Labor and Employment Law Section Executive Committee.

12

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

The Policy Corner Vincent A. Mustaro

SENIOR STAFF ASSOCIATE FOR POLICY SERVICE, CABE

Policy Direction Needed for the Disclosure of Certain Education Personnel Records Recent legislation, P.A. 16-67, added several new requirements to the hiring processes of boards of education for positions that involve direct contact with students. The new requirements include required actions by boards of education, applicants and the Connecticut State Department of Education (SDE). See Nutmeg Board of Education column on page 5.

such disclosure or release of information.

In addition, the applicant must give a written statement about any past misconduct, discipline or licensure or certification penalties as a result of sexual misconduct or abuse allegations.

Such disclosure must contain information about any investigations pertaining to abuse or neglect or sexual misconduct, unless the investigation resulted in a finding that all allegations were unsubstantiated.

Applicants

Applicants are required to make three disclosures to the school district. First, the applicant must provide the district with contact information for each current and former school district in which they worked and other employers if the employment involved contact with children.

Also, the applicant must provide a written authorization that consents to and authorizes former employers to disclose information and related records requested on a SDE-designed form sent by the interviewing district. The authorization also must consent to the disclosure by the SDE of required information and related records to requesting education employers and release such former employers and SDE from any liability that may arise from

Commissioner Wentzell

(continued from page 1) extensive engagement of stakeholders— from educators and advocates, to students and families, to civil rights organizations and community health partners, higher ed institutions, and non-profits, business affiliates, and the list goes on.

Through that process, the board received more than 15,000 comments from over 6,700 survey respondents. Thousands of residents across the state shared their aspirations, challenges and concerns around education in Connecticut.

The feedback we received during this process was incredible. And when we pulled everything together, it began to tell the story of Connecticut’s vision for a bright, vibrant future for all kids.

What we heard running through so many of the comments is that students are at the core of everything we do; that we need to find a way to serve all students; and that all really does mean all.

This became the focus of our five-year comprehensive plan – ensuring equity and excellence for all students. We have the momentum of progress on our side as we embrace these promises and commit to accelerating the pace of change for our students.

Boards of Education

Boards are required before hiring such applicants, to ensure that applicants complete the above stated three requirements; review applicants’ employment history after making a documented, good faith effort to contact previous employers for information; and request any available information about applicants from SDE. The board may not offer employment for any position involving direct student contact until the 1. the applicant has complied with the above disclosure requirements; 2. the board has reviewed, either through written or telephone communication, the applicant's employment history on the standardized form filled out by current and past employers, which current or former employers must complete and return within five business days of receipt; and 3. the board has requested information from SDE about the applicant's eligibility status for a position requiring a certificate, authorization, or permit; previous disciplinary action for a substantiated finding of abuse or neglect or sexual misconduct; and notice of a criminal conviction or pending criminal charges.

The board must make a good faith effort to reach an applicant's current and previous employers. A “good faith effort” is one requiring no more than three phone calls on three separate days.

State Department of Education

The SDE is required to share with requesting boards any available information about past discipline or criminal charges relating to an applicant and to design a standardized form for past employers of such applicants to complete. The form is now available to boards.

Boards are prohibited from offering employment to any applicant who was previously terminated or resigned if convicted of failure to report the abuse, neglect, or injury of a child or imminent risk of serious harm to a child, regardless of whether the reported allegation or abuse, neglect, or sexual assault has been substantiated.

New Guidelines

New guidelines are established for investigating substitute teachers and employees of contractors prior to hire. Boards may only hire applicants for substitute teaching positions who fulfill the disclosure requirements and after requesting information from the applicant's prior employers and SDE. The district is required to maintain a list of individuals suitable to work as substitute teachers and hire only those on the list as substitute teachers. An individual remains on the list as long as he/she is continuously employed by the district as a substitute teacher and the district does not have any knowledge that would cause the person to be removed from the list.

Contractors that apply for positions involving direct student contact are required to perform the checks on their employees who would fill such positions. These checks are similar to the ones education employers must perform on their applicants under the legislation.

A contractor's employee must fulfill the three disclosure requirements that a regular, direct applicant for such a position must fulfill. The contractor must contact any current or former employers that were education employers and request, any information about whether there was a finding of abuse or neglect or sexual misconduct against the employee, and which

the employer must report if there is one.

If the contractor receives any such information, the information must be immediately shared with the school district with which the contractor is under contract.

The district must determine whether the employee may work in a position involving direct student contact at any district school. It is not a breach of contract for the district to determine that the contractor's employee is forbidden to work under any such contract in such a position.

Legislation Requires Communications

The legislation requires communication between boards of education and also between the board and SDE, about findings of abuse or sexual misconduct by applicants or employees. Boards are required to notify SDE when they receive information that applicants or employees have been disciplined for a finding of abuse or sexual misconduct.

Additionally, boards are required to provide upon request, to any other boards or to the Commissioner of Education, information it may have about a finding of abuse or sexual misconduct for someone being vetted for hire as a direct employee or a contractor's employee.

See POLICY DIRECTION page 13

The Media Message

from Ann Baldwin, Baldwin Media Marketing, LLC

Tips and Tactics for Dealing with a Controversy Caused by Your Own Employees When most of us think about a crisis occurring in our schools, we think of situations that impact us from the outside, but in actuality, many of the districts that we assist in a crisis situation, have issues that arise internally.

Internal issues are often the most difficult with which to deal. Here are some suggestions for addressing tricky, often legally charged and emotionally complicated issues: • Stay Calm and Collect the Facts: What are the details as you know them and what other agencies or authorities are involved? Communication with these people has to be well coordinated. Trust me; you don’t want any more surprises.

• Assess: Your plan is going to need to take into consideration a number of variables, depending on the issue. Your administrators,

working with your school attorney, will be leaders if there is an investigation of the issue.

• Message: If your Superintendent or he Board Chair will address the media they should be properly prepared with the message they want to deliver to the public and then take the time to determine when and how that message will be delivered. Will the message also be carried by email, social media or a combination of the above?

• Show Leadership: Your district spokesperson, whether the Superintendent or Board Chair, should be a credible leader who can deliver a concise, factual message.

• Legal Check: Be certain to be in constant contact with legal counsel, when preparing any and all written or verbal comments.

The Journal – Connecticut Association of Boards of Education | September 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 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

Policy Direction

(continued from page 12)

Board Do’s and Dont’s

Boards are prohibited from entering into any collective bargaining agreement, employment contract, resignation or termination agreement, severance agreement, or any other agreement or take any action that has the effect of suppressing information about an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee; affects the board’s ability to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or requires the board to expunge information about an allegation or finding of suspected abuse or neglect or sexual misconduct from any documents they maintain, unless after investigation the allegation is dismissed or found to be false.

Boards may employ or contract with an applicant for up to ninety days while awaiting the complete review of their application information, provided the applicant has submitted to the board the three required disclosures, and that the board has no information about the applicant that would disqualify him/her from employment. Also, the applicant must affirm that he/she is not disqualified from employment with the district.

The legislation subjects applicants who knowingly provide false information or

13

knowingly fail to disclose information required by this legislation to the board to discipline by the school district, which may include denial of employment or termination of a certified employee's contract.

The Act also allows education employers to request additional information from an applicant's current or former employers relating to any response the applicant listed on the standardized SDE form, to which the applicant must respond within five business days of receipt. It provides immunity from criminal and civil liability to any employer who provides such information, as well as to SDE, as long as the information supplied is not knowingly false.

Policy Implications

Three policies are impacted by this new legislation, which became effective as of July 1, 2016. They are: 1. Policy #4112.51/4212.51 – Employment/Reference Checks (a required policy) 2. Policy #4112.5/4212.5 – Security check/Fingerprinting (a recommended policy) 3. Policy #4121 – Substitute Teachers (an optional policy) These policies are available upon request from the CABE Policy Service.

Should All Students Learn Computer Coding?

In this article in Scientific American, Annie Murphy Paul reports on the push to teach coding in K-12 schools. “Every student deserves a chance to learn this essential 21st-century skill,” tweeted Bill Gates earlier this year.

He and others argue that coding is a new literacy, as important as reading and math. Some countries are jumping on the bandwagon, including the U.K., which in 2014 launched a requirement that every student learn to program.

But other educators argue that teaching coding to all students is neither practical (insufficient teachers and equipment, no agreed-upon curriculum) nor desirable.

A better approach, they say, is to teach “computational thinking” – the underlying principles on which computers operate.

“These are skills that everyone can use,” says Jeannette Wing of Carnegie Mellon University, “whether they’re using a computer or not.”

One school district that’s adopted this approach is South Fayette Township outside Pittsburgh. In grades K-2, students use a block-based coding program called Scratch, dragging and dropping blocks containing discrete commands like Move 10 steps and Wait 5 seconds to get cartoon characters moving around.

“We start with questions like ‘What are instructions? How do you give instructions so that a computer knows what you want it to do?’” says South Fayette primary-grade teacher Melissa Unger.

“We have students ‘program’ their

classmates, guiding them through a maze by holding up cards with arrows on them.”

In grades 3-5, students program motors and sensors and build Lego robots that respond to their commands.

In grades 6-8, students use CAD software to design their own inventions and use a 3-D printer. By seventh grade, they’ve transitioned to text-based coding, using the more complex and flexible language of professional programmers.

“This is about much more than coding,” says Aileen Owens, the district’s director of technology and innovation. “This is about teaching habits of mind that can be used to solve problems in any realm – habits like breaking down a problem into its component parts, running small experiments to see which approaches fail and which succeed, and working together with other people to find and apply the best ideas.”

“Proponents of the teaching of computational thinking,” says Paul, “believe it represents all the qualities that mere coding instruction lacks: a rich and deep intellectual discipline; a flexible set of mental tools that can be used in many and varied situations; and a body of knowledge and skills of genuine and lasting usefulness – in school, in the workplace, and beyond.”

Source: “The Coding Revolution” by Annie Murphy Paul in Scientific American, August 2016 (Vol. 315, #2, p. 42-49), no free e-link, as summarized in “Marshal Memo 647”, August 8, 2016.

14 CCJEF v. Rell

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

(continued from page 1) is driven by “blowing political crosswinds” rather than student needs.

“The legislature simply has abandoned any pretense of following a formulaic approach to funding education and seems to be doing it simply on legislative fiat. There is clearly no rational basis associated with the amounts and the pattern of funding under the current system.”

While the CCJEF focused on chronic funding system failure, the State’s case centered on the assertion that the true impediment to improving education in Connecticut is the lack of leadership of administrators and teachers at the local level.

“There’s a saying in education that you change because you either see the light or you feel the heat. In my experience it’s a combination of both.” Education Commissioner Dianna Wentzell testified during the trial.

CCJEF was represented pro-bono by the international firm, Debevoise & Plimpton LLP. The Debevoise team, assisted by Attorney Alex Knopp and the Yale Law Education Clinic, put thousands of hours into the case, including a year and a half in pre-trial preparation (63 depositions, school site visits, and research), was led by

Attorney Joseph Moodhe with assistance from Attorney David Noland, Attorney Dustin Nofziger, and a host of other attorneys, paralegals and support staff.

The dedication commitment and leadership of the CCJEF Steering Committee, officers, members the plaintiff group, and Dianne Kaplan deVries, were the key to the coalition’s success.

Dr. Dianne Kaplan deVries, CCJEF founder, long-time project director, worked tirelessly for over 15 years to build and maintain the coalition, passed away shortly before the trial was underway. Jim Finley, the current project director and expert witness said, “Dianne is the central reason that Connecticut’s schoolchildren of today and tomorrow finally got their day in court. We can never thank her enough for believing in the right of all children to a quality education.”

Follow the link: goo.gl/VGafEu for the most up-to-date information on any new developments in the historic CCJEF v. Rell case.

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

15

CABE Leadership Institute Reunion

CABE Leadership Institute graduates met before the Summer Leadership Conference at the Saybrook Point Inn, Old Saybrook.

Patrice McCarthy and Lisa Steimer led a discussion on board and staff diversity and the challenges and successes.

6th Annual CABE Summer Leadership Conference How to Get the Next Generation of Board Members

Participants from all corners of the state attended the 6th Annual CABE Summer Leadership Conference at the Saybrook Point Inn.

Education Commissioner Dianna R. Wentzell spoke about public education in Connecticut.

Donna Dunn, Senior Consultant, Tecker International, talked about the need for boards of education to be more reflective of their communities.

Attorney L. Kay Wilson, Founder, Maverick Leadership Institute, talked about what every team needs and should give to others.

Patrice McCarthy and Robert Rader lead a discussion on “So, How DO we Get the Next Generation of Board Members?”

16

The Journal – Connecticut Association of Boards of Education | September 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

BRIDGEPORT

HARTFORD

STAMFORD

WATERBURY

WHITE PLAINS

203.330.2000

860.424.4300

203.324.5000

203.573.9700

914.705.5355