Vol. 19, No. 3 MARCH 2015 w w w . c a b e . o r g Connecticut Association of Boards of Education Inc. 81 Wolcott Hill Road Wethersfield, CT 06109-1242 Periodical Postage PAID Hartford, CT www.facebook.com/ConnecticutAssociationBoardsEducation The Policy Corner See You in Court Legal Issues Book Review CABE to intervene on state issues Kelly B. Moyher Senior Staff Attorney, CABE Spotlighting best practices View from the Capitol Patrice A. McCarthy Deputy Director/General Counsel, CABE SCHOOLS See CABE page 3 ORANGE PUBLIC SCHOOLS CABE was recently asked to lend its support to issues where staff recommen- dations showed a compelling state interest for CABE to intervene and share its voice. The Executive Committee approved our participation in two issues. In the first matter, CABE, along with CAPSS, was asked to participate in the ‘Petition for Declaratory Ruling’ filed by the Connecticut Education Association (CEA) with the Connecticut State Board of Labor Relations. The second matter concerns a Connecticut Supreme Court case where CABE will support Regional School District 14 as amicus curiae (friend of the court). Cadillac Tax Petition This past fall, CEA filed a ‘Petition for a Declaratory Ruling’ with the Connecti- cut State Board of Labor Relations concerning the portion of The Affordable Care Act (ACA) that contains a provision for a tax (otherwise known as the “Cadillac” or “Excise Tax”) which will be equal to 40 percent of the excess benefit on any applicable employer-sponsored coverage exceeding a threshold amount of $10,200 for self-only coverage and a threshold amount of $27, 500 for cover- age other than self-only coverage. Under Internal Revenue Code (I.R.C.) §49801(c), it is provided that the liability to pay the tax rests with the coverage provider defined as one of the following: (A) the health insurance issuer, (B) the employer if it makes contributions under and HAS or MSA; or (C) the plan admin- istrator. CEA and its local affiliates believe that any proposals received during ongoing negotiations for successor contracts whose term includes the implementation date of the Excise Tax (2018), which seek to shift the burden of the liability to pay the tax from the coverage provider to the mem- bers of the respective local associations would be contrary to federal statute, illegal and unenforceable. A ruling on the permissibility of bargaining concerning the Excise Tax will have a direct impact on Connecticut’s boards of education. It will affect board of education budgets in districts where employees’ health insurance premiums go beyond the $10,200 and/or $27,500 cost. Referendum Case In the Region 14 case, Arras v. Regional School District 14, the board of education held a referendum in June 2013 for a $63.8 million high school renovation project, which passed 1269 to 1265. It appears that notice of the referendum may not have been properly placed in the legal notice section of the newspapers, a step that is the responsibility of the town. Notice of the referendum was made available by the board of education by other means of communication. Lawsuits were brought against Region 14 stating that the referendum was not valid, in essence punishing the regional board of education for the municipality’s mistake. A decision was reached in favor of Region 14 but was appealed and after various motions at the appellate level, Region 14’s motion to have the case transferred to the Connecticut Supreme Court was granted. Although the case is fact specific, the Court’s decision in this case will be the first ruling in the state on the larger issue of the standard that is applied to referen- dum challenges. The lower courts have all borrowed the standard used in election challenges in municipal candidate elec- tions, that a party challenging the election has the burden of establishing both a substantial violation of an election Over the years, we have been asked many times for “best practices” from school boards and superintendents. Thanks to an idea from the New Jersey School Boards Association, we have a thoughtful and beneficial way of provid- ing this information to our members. We have divided possible areas in which boards would find best practices helpful. An email is being sent to CABE member board members and superinten- dents with a link to a short questionnaire that will enable you to provide us with information showcasing some of your best practices. The best practices you share will be posted on the “Spotlight on Con- necticut Practices that Lead and Inspire” section on our website. This online re- source will become more robust as we receive your best practices. Please held us spotlight your best practices! PAGE 4 PAGE 5 PAGE 6 PAGE 10 Activity at the Capitol con- tinues to intensify as the public hearing process moves for- ward. Throughout discus- sions at CABE’s legislative breakfasts across the state, legislators have expressed a real desire for contin- ued communication from their school board mem- bers during the legislative process. Debates on many of the most signifi- cant issues, particularly the state budget, will continue well past the committee deadlines. Resolution of these issues will probably not occur until shortly before the legislative session adjourns on June 3 rd . There are multiple opportunities for board members and superintendents to communicate with their legislators, in- cluding providing testimony at public hearings – in person or written submiss- ions, CABE’s Day on the Hill on March 25 th , and through emails and phone calls. Legislators are eager to hear from you!
Transcript
Vol. 19, No. 3 MARCH 2015
w w w . c a b e . o r g
Connecticut Associationof Boards of Education Inc.81 Wolcott Hill RoadWethersfield, CT 06109-1242
Patrice A. McCarthyDeputy Director/General Counsel, CABE
SCHOOLS
See CABE page 3
ORANGE PUBLIC SCHOOLS
CABE was recently asked to lend itssupport to issues where staff recommen-dations showed a compelling stateinterest for CABE to intervene and shareits voice. The Executive Committeeapproved our participation in two issues.
In the first matter, CABE, along withCAPSS, was asked to participate in the‘Petition for Declaratory Ruling’ filed bythe Connecticut Education Association(CEA) with the Connecticut State Boardof Labor Relations. The second matterconcerns a Connecticut Supreme Courtcase where CABE will support RegionalSchool District 14 as amicus curiae(friend of the court).
Cadillac Tax PetitionThis past fall, CEA filed a ‘Petition for
a Declaratory Ruling’ with the Connecti-cut State Board of Labor Relationsconcerning the portion of The AffordableCare Act (ACA) that contains a provisionfor a tax (otherwise known as the“Cadillac” or “Excise Tax”) which will beequal to 40 percent of the excess benefiton any applicable employer-sponsoredcoverage exceeding a threshold amount of$10,200 for self-only coverage and athreshold amount of $27, 500 for cover-age other than self-only coverage.
Under Internal Revenue Code (I.R.C.)§49801(c), it is provided that the liabilityto pay the tax rests with the coverageprovider defined as one of the following:(A) the health insurance issuer, (B) theemployer if it makes contributions underand HAS or MSA; or (C) the plan admin-istrator.
CEA and its local affiliates believe thatany proposals received during ongoingnegotiations for successor contracts whoseterm includes the implementation date ofthe Excise Tax (2018), which seek to shiftthe burden of the liability to pay the taxfrom the coverage provider to the mem-bers of the respective local associationswould be contrary to federal statute,illegal and unenforceable.
A ruling on the permissibility ofbargaining concerning the Excise Tax willhave a direct impact on Connecticut’sboards of education. It will affect boardof education budgets in districts whereemployees’ health insurance premiums gobeyond the $10,200 and/or $27,500 cost.
Referendum CaseIn the Region 14 case, Arras v.
Regional School District 14, the board ofeducation held a referendum in June 2013
for a $63.8 million high school renovationproject, which passed 1269 to 1265.
It appears that notice of the referendummay not have been properly placed in thelegal notice section of the newspapers, astep that is the responsibility of the town.Notice of the referendum was madeavailable by the board of education byother means of communication.
Lawsuits were brought against Region14 stating that the referendum was notvalid, in essence punishing the regionalboard of education for the municipality’smistake. A decision was reached in favorof Region 14 but was appealed and aftervarious motions at the appellate level,Region 14’s motion to have the casetransferred to the Connecticut SupremeCourt was granted.
Although the case is fact specific, theCourt’s decision in this case will be thefirst ruling in the state on the larger issueof the standard that is applied to referen-dum challenges. The lower courts haveall borrowed the standard used in electionchallenges in municipal candidate elec-tions, that a party challenging the electionhas the burden of establishing both asubstantial violation of an election
Over the years, we have been askedmany times for “best practices” fromschool boards and superintendents.
Thanks to an idea from the New JerseySchool Boards Association, we have athoughtful and beneficial way of provid-ing this information to our members.
We have divided possible areas inwhich boards would find best practiceshelpful. An email is being sent to CABEmember board members and superinten-dents with a link to a short questionnairethat will enable you to provide us withinformation showcasing some of your bestpractices. The best practices you sharewill be posted on the “Spotlight on Con-necticut Practices that Lead and Inspire”section on our website. This online re-source will become more robust as wereceive your best practices.
Please held us spotlight your bestpractices!
PAGE 4 PAGE 5 PAGE 6 PAGE 10
Activity at the Capitol con-tinues to intensify as the publichearing process moves for-ward. Throughout discus-sions at CABE’s legislativebreakfasts across the state,legislators have expresseda real desire for contin-ued communication fromtheir school board mem-bers during thelegislative process.
Debates on many of the most signifi-cant issues, particularly the state budget,will continue well past the committeedeadlines. Resolution of these issues willprobably not occur until shortly before thelegislative session adjourns on June 3rd.
There are multiple opportunities forboard members and superintendents tocommunicate with their legislators, in-cluding providing testimony at publichearings – in person or written submiss-ions, CABE’s Day on the Hill on March25th, and through emails and phone calls.Legislators are eager to hear from you!
EXECUTIVE COMMITTEERichard Murray .................................................. President, KillinglyAnn Gruenberg ................................. First Vice President, HamptonRobert Mitchell ................ VP for Government Relations, MontvilleElaine Whitney ........... VP for Professional Development, WestportJohn Prins ......................................... Secretary/Treasurer, BranfordLydia Tedone ............................................ Immediate Past PresidentDonald Harris ........................................................ Member at Large
AREA DIRECTORSDaniel Gentile ......................................... Area 1 Director, PlymouthSusan Karp ................................... Area 2 Co-Director, GlastonburyDonald Harris ................................. Area 2 Co-Director, BloomfieldLaura Bush ................................................. Area 3 Director, VernonDouglas Smith ........................................ Area 4 Director, PlainfieldAndrea Veilleux ................................ Area 6 Co-Director, StratfordJennifer Dayton ............................. Area 6 Co-Director, GreenwichRoxane McKay ............................. Area 7 Co-Director, WallingfordJohn Prins ......................................... Area 7 Co-Director, BranfordLon Seidman .................................................Area 8 Director, EssexAndrea Ackerman ..................................... Area 9 Director, Groton
ASSOCIATESEileen Baker .............................................. Associate, Old SaybrookSharon Beloin-Saavedra .............................. Associate, New BritainGary Brochu .......................................................... Associate, BerlinRobert Guthrie .............................................. Associate, West HavenRobert Trefry ........... Associate, CT Technical High School System
COMMITTEE CHAIRSElizabeth Brown ......................... Chair, State Relations, WaterburyDonald Harris ......................... Chair, Federal Relations, BloomfieldBecky Tyrrell ...................................... Chair, Resolutions, Plainville
CITY REPRESENTATIVESJacqueline Kelleher ....................... City Representative, BridgeportMatthew Poland ................................ City Representative, HartfordCarlos Torre .................................. City Representative, New HavenPolly Rauh ........................................ City Representative, StamfordCharles Stango ............................... City Representative, Waterbury
STAFFRobert Rader ....................................................................... Executive DirectorPatrice McCarthy .................................. Deputy Director and General CounselBonnie Carney ............................................ Sr. Staff Associate for PublicationsNicholas Caruso ............................................ Sr. Staff Assoc. for Field Service Adm and Coord. of TechnologySheila McKay ............................. Sr. Staff Associate for Government RelationsKelly Moyher ......................................................................... Sr. Staff AttorneyVincent Mustaro ..................................... Sr. Staff Associate for Policy ServiceLisa Steimer .............................. Sr. Staff Assoc. for Professional DevelopmentTeresa Costa .................................. Coordinator of Finance and AdministrationPamela Brooks ......................... Sr. Admin. Assoc. for Policy Ser. /Search Ser.Terry DeMars ............................................... Admin. Assoc. for Policy ServiceGail Heath ........................................ Admin. Assoc. for Government RelationsWilmarie Newton ........................................ Admin. Assoc. for Labor RelationsDenise Roberts .................................... Admin. Asst. for Membership ServicesCorliss Ucci .................................. Receptionist/Asst. to the Executive Director
The CABE Journal (ISSN 1092-1818) is published monthly except acombined issue for July/August as a member service of the Connecti-cut Association of Boards of Education, 81 Wolcott Hill Road,Wethersfield, CT 06109, (860) 571-7446. CABE membership duesinclude $30 per person for each individual who receives The CABEJournal. The subscription rate for nonmembers is $75. Associationmembership dues include a subscription for each board member,superintendent, assistant superintendent and business manager. Thecompanies and advertisements found in The CABE Journal are notnecessarily endorsed by CABE. “Periodicals Postage Paid at Hartford,CT.” POSTMASTER: Send address changes to The CABE Journal,CABE, 81 Wolcott Hill Road, Wethersfield, CT 06109-1242. Email:[email protected] can find the CABE Journal online at: www.cabe.org/userlogin.cfm?pp=84&userrequest=true&keyrequest=false&userpage=84
Richard Murray
2 The Journal – Connecticut Association of Boards of Education/March 2015
PRESIDENT COMMENTARY
CABE Board of Directors
Advocacy
Vision: CABE is passionate about strengtheningpublic education through high-performing,
transformative local school board/superintendentleadership teams that inspire success for each child.
Mission: To assist local and regional boards of educationin providing high quality education for all
Connecticut children through effective leadership.
Advocacy ad-vo-ca-cy, noun: the act or process ofsupporting a cause or proposal: the act or process ofadvocating something. Definition by Miriam WebsterDictionary.
Board of education members should be very familiarwith the word “Advocacy”. If they are not they need tobe. School board members have such a unique role aselected volunteers that our elected representatives andothers will listen to what we have to say whether inHartford or Washington, D.C. One other thing to keep inmind, in most communities the school district is thelargest employer. Of course, budget season can seem likenon-stop advocacy making the case for sufficient fundsto adequately educate every child in our respectivedistricts. You can find opportunities to tell the stories ofyour school district at the Capitol if you pay closeattention to CABE Advocacy Highlights which is sent outweekly.
CABE’s Annual Day on the Hill on March 25th is awonderful opportunity to gather with board members andstudents. We hear from state leaders on what they see asthe major issues facing public education. PatriceMcCarthy and Sheila McKay do a bang up job inform-ing us on pending bills and also opportunities for schoolboard members to testify on important bills that affectpublic education. Day on the Hill also offers theopportunity to hear from student panelists, who shareideas and experiences from their perspective as well asgive the students a chance to network with their peersfrom around the State. Board members then split up andmeet with their respective State Representatives andState Senators. We need to be ambassadors for our localschool districts and public education in Connecticut!
We advocate locally year round, hopefully, telling theresidents and taxpayers in our communities the successstories of our local schools and the areas where we aretrying to improve learning for our youngsters. Soremember, we have a strong narrative and people willlisten to what board members have to say.
Before we become effective advocates we need toeducate ourselves, not just on the local issues we dealwith, but public education issues on the state and federallevel that may affect how we educate children in ourschool districts. The more knowledgeable boardmembers are, the better wecan educate folks inHartford, which is truly thebest method of advocacy.
CABE Tips for EffectiveLobbying were sent out tohelp us all communicateand advocate more effec-tively:
• Research your mem-bers of the Connec-ticut GeneralAssembly (CGA) –what committees theyare on, were they ontheir board of educa-tion or town council
• Develop Relation-ships – establish thembefore you need them
• Invite your membersof the CGA to a boardmeeting – they don’tall serve on theEducation Committeeso you are a valuableresource
• Set your priorities –just mention a coupleof issues
• Lobby with your reallife experiences – tellthem how a state
program isbeingimplementedin yourdistrict
• Don’t overdoyour lobbying– short andsweet
• Shore uplobbyingallies – if youknow thereare otherdistricts, witha similarissue, it can
People in the NewsCongratulations to Lydia Tedone, CABE Immediate
Past President and Chair of the Simsbury Board ofEducation, on being nominated as Northeast RegionalDirector for the National School Boards Association(NSBA). The election will be held at the end of March atthe NSBA Conference in Nashville, TN.
Jean Lafave, former Vice President for GovernmentRelations at CABE, died recently. Jean represented NewHartford on the Region 7 Board of Education for over 20year. She served on the CABE Board of Directors forover 10 years, participating in CABE’s advocacy effortsat the state and federal level. Jean was a passionateadvocate for public education and her voice will bemissed. CABE extends our condolences to her family.
be persuasive• Don’t forget
the media – when appropriate they can further anissue, but be prepared with facts
• Always be positive – the issue may be a problembut the person doesn’t have to be
• Everyone likes a pat on the back – give thanks forsupport!
I hope to see you all at the CABE Day on the Hill onWednesday March 25th. Thank You.
Robert Rader
EXECUTIVE DIRECTOR COMMENTARY
The Journal – Connecticut Association of Boards of Education/March 2015 3
Kainen, Escalera & McHale, P.C.The Lexington Group
Muschell & SimoncelliOvations Benefits Group
Suisman Shapiro Attorneys at Law
EDUCATIONALAFFILIATES
American School for the DeafArea Cooperative Educational Services
Capitol Region Education CouncilThe College Board
Connecticut Association of SchoolBusiness Officials
Connecticut Center for School ChangeConnecticut School Buildings
and Grounds AssociationCooperative Educational Services
EASTCONNEDUCATION CONNECTION
LEARNUnified School District #1
During this snowy February, NBC’sBrian Williams suspended himself fromhis prime spot as the newsreader of NBCNightly News. After that, NBC’s ownerssuspended him for six months withoutpay.
Mr. Williams, a friendly and likeableperson on the air, has, over the lastdecade, told a story about how a helicop-ter in which he was flying, was hit by arocket-propelled grenade.
In fact, as he was reminded by otherswho had been in the helicopters, he wasneither in the one that was hit by thegrenade and had either been on theground for an hour before the hit helicop-ter landed, or he had been in a secondhelicopter that landed after the helicopterwhich had been hit.
Mr. Williams had admitted he fabri-cated this story and, now, there is asecond one in which he had told individu-als that he had seen bodies float by fromhis hotel room when he was in NewOrleans right after Hurricane Katrina.
Again, the facts get in the way: theFrench Quarter where he was staying hadno real flooding problems and that thechance of him seeing any bodies in thewater was negligible.
Brian Williams is not the first andassuredly, won’t be the last famous manor woman to get himself in trouble in thisway. At a time when corruption, espe-cially now in New York, is the focus ofmuch attention, we will probably seesome politicians admit to lying on agrander scale.
Thomas Jefferson said “honesty is thefirst chapter in the book of wisdom.”Now, this may seem obvious, but thequestion is why do many otherwisesecure, smart and seasoned people stillmake this mistake?
Sometimes, like in Brian Williams’case, it can’t adequately be explained.Why put your name, your reputation andyour job (which pays really well) injeopardy just to brag about something thatnever happened?
Board Membersand Superintendents
We spend a lot of time in workshops,retreats and in the CABE Journal discussing the importance of emotional intelli-gence, the “soft” skills, which are sonecessary for both board members andsuperintendents to succeed. Empathy isperhaps the most important of these traits,but honesty is one that should override allthe others.
Honesty is the key, not only to makinggood decisions, but, also, in buildingyour credibility. This is always impor-tant, but especially in your positions asgovernment officials and role models forstaff, students and your community.
How you speak to others on the board,other town officials and legislators aboutyour concerns must be steeped in honesty.Credibility, based on honesty, is apowerful, authentic and influential
window into a person’s character. If thecredibility is there, making your pointswill be that much easier – and will carry agreater clout.
Honesty is not only about not lying,but, depending on the situation, it’s alsoabout not leaving out details or argumentsthat are not advantageous to discuss. Partof credibility (and empathy) is also theability to see other sides of an argument.Raise other considerations as you see fit –and explain your ideas on handling theissue.
Lack of credibility is a sure way to fail.Who trusts people who are known to lie?
Only One ChanceYou only get one chance with your
credibility. Once it’s lost, it’s alwaysdifficult to recover. Who knows howBrian Williams will ever regain trust?
But, having credibility opens up aworld of possible allies and entre topeople you want to influence. Trust isalso based on credibility, for without it,why would anyone want to work withyou?
There are people who are in thebusiness of helping people and businessesbuild their reputations. For example, werecently saw a professional journal inwhich one article’s author was referred toas a “reputation manager”.
Aren’t we all our own managers of ourreputations? Keep that in mind as youface tough conversations in the future.
If for no other reason, being honestmakes your life easier. Connecticut’sMark Twain said that “if you tell thetruth, you won’t have to rememberanything.”
“. . . having credibility opens
up a world of possible allies
and entre to people you want
to influence. Trust is also
based on credibility, for
without it, why would anyone
want to work with you?”
Your Word Is Your BondI have heard many times that, espe-
cially working in Congress or the Legisla-ture, one’s word is his or her bond. Inother words, if you give your word onsomething, you need to live up to what-ever you promised.
Board members and superintendentsneed honesty and transparency whenworking with other town agencies,especially when discussing the budget andits implementation.
In dealing with employees, especiallythose who are unionized, it is critical tobe alert to the possibility of your credibil-ity being on the line. An agreement,whether or not collectively bargained,must be negotiated in good faith andimplemented in good faith.
To receive the support of the public, itis important to be honest about theinformation that is disseminated. If youwant beneficial community engagementon an issue you have to start with andmaintain your credibility. This is espe-cially important when reporting on districtsuccesses, failures and needs.
An example of the need for credibilitywill be right before all of us when theSBAC test scores are sent to districts.Based on other states’ results, the testsmay very well present a drop of 20-30%from scores on the last CMTs andCAPTs.
As board members and superinten-dents, you need to explain this in acredible way. While it’s easy to say “it’sa different test” and expect that to solvethe problem, what will you say when aparent asks you how their child will getinto the college of his choice with scores30% lower?
CABE to intervene(continued from page 1)law and actual prejudice (in that theresults of the election are in doubt).
Under most circumstances, it is thetowns that conduct referenda that boardsof education rely upon (budget, schoolbuilding projects) and defendant Region14 has claimed that it is patently unfairfor a school district to be penalized forthe (technical) mistakes of others.
The plaintiffs in this case are arguingthat the perceived lack of notice is a ‘perse’ violation that should automaticallylead to a revote regardless as to whethereither party suffered actual prejudice.
In this case, CABE is supportingRegion 14 as it moves forward to theSupreme Court. We will argue that theCourt apply the standard in election lawof establishing both a substantial violationand actual prejudice to this referendaissue.
CABE will continue to report to themembership on the status of both mattersas they move forward.
4 The Journal – Connecticut Association of Boards of Education/March 2015
Policy Update: providing homebound instruction
Vincent A. Mustaro, Senior Staff Associate for Policy Service, CABE
The Policy Corner
The State Department of Education,through new regulations, made signifi-cant changes to the providing of home-bound instruction. The amended regu-lations are codified as Section 10-76d-15 of the Regulations of ConnecticutState Agencies. School nurses, schoolmedical advisors and school personnelneed to be aware of the regulatorylanguage and its requirements.
The regulations state that home-bound and hospitalized instructionmust be provided to “a child […]under the jurisdiction of [the BOE]when such child is unable to attendschool due to a verified medical reasonwhich may include mental healthissues.”
The new language requires that thechild’s treating physician provide awritten statement, on a board of edu-cation-provided form, stating that thechild will be absent from school due toa verified medical reason for at leastten consecutive school days or thechild’s condition is such that the childmay be absent for short, repeatedperiods of time, and the expected datethe child will be able to return toschool. Supporting documentationregarding the child’s diagnosis shouldbe provided by the physician. Thephysician’s response needs to be faxed,mailed, or otherwise transmitteddirectly from the physician to thedistrict, not couriered by the parent.
The physician’s statement muststate that he/she has consulted with theschool health supervisory personneland has determined that attendance atschool with reasonable accommoda-tions is not feasible. This requires thatthe school and the treating physicianhave parental consent to speak to eachother before the homebound recom-mendation is made.
Homebound services must begin nolater than the 11th day of absence fromschool provided the district has re-ceived the physician’s written state-ment. The district may begin servicesearlier if provided with adequate noticeprior to the child’s absence fromschool. If the physician determines thechild cannot receive instruction, thephysician must notify the district inwriting when instruction can begin.
The PPT is responsible for con-sidering the educational needs of a“medically complex” child with adisability and the need for instructionunder the IDEA. “Medically complex”
is defined in the regulations as a childwho has a serious, ongoing illness orchronic condition for at least a year, andrequires prolonged or intermittent hospit-alization, and ongoing medical treatmentsor medical devices to compensate for theloss of bodily functions.
The PPT will consider and make ac-commodation for the medically complexchild’s program to be moved from theschool setting to a home or health carefacility and back to school when the childis able to return. Instruction for a childwho is medically complex must be pro-vided no later than the third day of ab-sence, provided the child is medicallyable to receive instruction.
Detailed information is provided in theregulations for the resolution of disputesbetween the district and the physicianregarding the need for instruction in thesesituations.
Where a dispute exists, the child re-ceives instruction pending review of thewritten statement provided by the treatingphysician, by the school medical advisoror other health professional employed bythe board of education who is qualified toreview the information submitted so longas the parent has provided consent for theschool medical advisor or designee toconsult with the treating physician to as-sess the need for instruction. If consentfor communication is not given, thehomebound instruction stops.
Districts should consider who shouldparticipate in this conversation with thetreating physician to allow an informeddiscussion of the available accommoda-tions in the school setting. Does someoneelse, other than the school medical ad-visor, or school nursing supervisor needto participate in the discussion?
Physicians are often unaware of thepossible accommodations and modifica-tions that could be provided in school anddefault to homebound as a familiaroption. In a continuing dispute, the boardmay offer, at board expense, a review ofthe child’s case by a qualified indepen-dent medical practitioner.
If offered and the parent refuses tomake the child available for the review,the homebound instruction stops. If thechild continues to be absent from school,the board must pursue school attendanceinterventions.
The regulations specify the minimumtimes for instruction to be provided, asfollows:
1. age 3-5: per PPT determination
2. grade K-6: no less than 1hr./dayor 5 hrs./wk.
3. grade 7-12: no less than 2 hrs./day or 10 hrs./wk.
4. May be modified (+/-) uponparent/BOE agreement or PPT.
The content of the provided instruc-tion must be such to maintain the con-tinuity of the child’s general educationprogram. Instruction must be providedin core academic subjects required forpromotion or graduation. Further, itmust be provided to enable the child tocontinue to participate in the generaleducation curriculum and to make pro-gress toward IEP goals and objectives.
Homebound instruction does notneed to be provided to a private schoolstudent, unless the child is withdrawnfrom the private school and enrolled inpublic schools. If the child is enrolledin an interdistrict magnet school orcharter school, such school is requiredto cooperate with the local district inplanning homebound instruction, and isrequired to provide instructional ma-terials to enable the local district toprovide appropriate instruction to thechild.
The amended regulations haveseveral effects. Parents who previouslyrefused to allow communication be-tween school and physician are nowinformed that in order to provide home-bound, this communication must occur.
Physicians are becoming aware ofthe other options available to studentswith medical conditions aside fromhomebound instruction. In addition, incases where there are multiple physic-ians, this system is encouraging thedoctors to speak to one another to shareinformation in the best interest of thechild.
Also, in cases where homebound isrequired for mental health conditions,the regulations prompt independentpsychiatric review and consultationbetween treating psychiatrist andschool district.
Finally, in cases where students havebeen on homebound for years, the regu-lations prompt intensive and frequentreview of necessity and cause prescrib-ing physician to question whetherhomebound is the best and least restric-tive option.
Policy #6173, “Homebound/Hospital Instruction,” and its accom-panying administrative regulation andforms have been revised and areavailable.
What will theConnecticut
OnlinePolicy
Service(C.O.P.S.)
provideYOUR
district?
• A policy manual updatedwithin days of a board meet-ing.
• Access to your policy manual24/7 anywhere with Internetcapability.
• Timesaving links to legal andcross references.
• A search engine specificallydesigned for board policymanuals.
• The ability to search otheronline districts for similarpolicies or language.
• A happier staff that will haveless paper to deal with.
If you would like additional in-formation on CABE’s Connecti-cut Online Policy Service(C.O.P.S.), call Vincent Mustaroat 860-571-7446 or [email protected] for full de-tails.
Let the CABE staffmake your policy
life easier.
See You in Court – The Nutmeg Board of Education
The Nutmeg Board vs. the Residents Against New Taxes (RANT) – Who’s right?Thomas B. Mooney, Esq.Shipman & Goodwin
The Journal – Connecticut Association of Boards of Education/March 2015 5
The Nutmeg Board of Educationmakes many mistakes. The latest imbro-glio created by the board will be reportedhere each issue, followed by an explana-tion of what the board should have done.Though not intended as legal advice,these situations may help board membersavoid common problems.
The Residents Against New Taxes(RANT) launched a new high tech onlinecampaign this year to recruit new mem-bers in Nutmeg. RANT members attendevery meeting of the Nutmeg Board ofEducation, and in large numbers they signup for Public Comment.
However, they then “yield” their timeto Ralph Retiree, their flamboyantPresident, who then carries on for twentyminutes or more each meeting. RANTloyalists videotape Ralph’s speechesduring Public Comments each meeting,and they then post the video on the RANTwebsite, cleverly edited as Ralph talkswith cuts back and forth of embarrassingshots of the Board members yawning orworse.
This week, Ralph claimed that theBoard was somehow in violation of thelaw by not making line-item transfers ateach meeting. “Every month I come tothe Board meetings,” Ralph proclaimed,“but I never hear a thing about transfers.I guess the Board of Education just lets itsaccounts run willy-nilly into deficit.”
This claim was too much for Boardmember Penny Pincher, and she inter-rupted Ralph’s rant. “Careful, Ralph.You don’t know what you are talkingabout. Each month we receive a reportfrom Mrs. Superintendent, who tells uswhat transfers she made and how ouraccounts are all up to date and in theblack. If you keep it up, you might findyourself on the other end of a defamationlawsuit.”
Ralph was unperturbed, and he simplytold Penny “quid est demonstratum.”Penny had no idea what he was talkingabout, but she didn’t like it a bit.
Veteran Board member Bob Bombastwent home that night and took at look atthe RANT website. He was shocked bythe disrespectful and intentionallyembarrassing videos of the Boardmembers as they scratched, stretched orotherwise looked bored.
Moreover, the posts of Ralph’sspeeches on behalf of RANT duringPublic Comment were even more annoy-ing online than hearing them live. Bobvowed to put an end to this assault on hisbeloved Board of Education.
Bob hatched a plan that he then sharedwith his colleagues via Facebook. RANTmembers were all over his post withridicule about Bob’s “thin skin,” butseveral Board members posted supporting
The Eighth Edition is here!!
A Practical Guide toConnecticut School Law
by Thomas B. Mooney, Esq.Shipman & Goodwin
The Eighth Edition was substantially rewritten to reflect statutorychanges, significant case law developments in state and federalcourts. Some of the numerous legal developments and update are asfollows:
• 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=749
The Guide comes with a CD which provides hyperlinksto many cases and statutes and will permitord searches as a supplement to the Index.
comments, and thus encouraged, Bobbrought his plan to the next meeting of theNutmeg Board of Education.
“RANT has crossed the line invideotaping me scratching my nose andthen posting it online. We may not beable to force RANT to respect the work ofthe citizen volunteer members of theBoard of Education, but we can makesure that they do not mock us unfairly. Imove that we prohibit videotaping ofBoard members during Board meetings.
Moreover, we must shorten Ralph’sendless harangues. From now on, I move,those who sign up for public commentcannot give their minutes to Ralph. Ralphgets the same two minutes as everyoneelse.
The Board members promptly votedunanimously in favor of Bob’s motions,and Bob immediately told the RANTcontingent to put down their smart phonesand stop taping.
Does RANT have anything to sayhere?
Yes. As usual Bob has gone over-board in his reaction to RANT, andRANT may well challenge part of his planas illegal.
First, Bob did say one thing that makessense. When a board of education hasPublic Comments or a similar agendaitem, it creates a forum for free speech.
However, the courts have held thatreasonable time restrictions are permis-sible as long as they are applied equallywithout regard to the content of thespeech.
Thus, the Board can limit Ralph to thesame two minutes (or whatever) that otherspeakers have, and the Board need notpermit others to “yield” their minutes toRalph or anyone else.
However, Bob’s plan to prohibitrecording of the meetings of the Board ofEducation violates the Freedom ofInformation Act. Conn. Gen. Stat.Section 1-226(a) provides that meetings“may be recorded, photographed, broad-cast or recorded for broadcast . . . .”
The statute does provide that “thephotographer or broadcaster and itspersonnel, or the person recording theproceedings, shall be required to handlethe photographing, broadcast or recordingas inconspicuously as possible and in suchmanner as not to disturb the proceedingsof the public agency.”
Moreover, the statute permits publicagencies to adopt rules concerningrecording the meeting in advance.However, any such rules must relate toassuring that the meeting is not disrupted,and they may not give the Board editorialcontrol over the recording.
Ralph also made a point on behalf ofRANT concerning line item transfers.
Conn. Gen. Stat. Section 10-222 givesboards of education the authority to makeline item transfers and otherwise toexpend its appropriation in its discretion.
However, it also imposes obligationson boards of education. Back in 1998,the General Assembly amended thisstatute to provide that boards of education“may, by adopting policies and proce-dures, authorize designated personnel tomake limited transfers under emergencycircumstances if the urgent need for thetransfer prevents the board from meetingin a timely fashion to consider suchtransfer.”
In such cases, the transfer must beannounced at the next meeting of theboard of education, and since 2013 “awritten explanation of such transfer [mustalso] be provided to the legislative bodyof the municipality or, in a municipalitywhere the legislative body is a townmeeting, to the board of selectmen.”
In some districts, apparently Nutmegincluded, these requirements have notbeen observed, as the board simply leavesto the superintendent the responsibility tokeep an eye on expenditures (usuallyincluding a monthly report to the board).
However, the statute contemplates thatline items should not be over-expended,and boards of education should thus make
line item transfers as necessary to avoidhaving any line item in deficit. To makethis obligation manageable, boards ofeducation should define “line item”broadly by reference to the followinglanguage which was also added to thestatute in 2013: “‘itemized estimate’means an estimate in which broadbudgetary categories including, but notlimited to, salaries, fringe benefits,utilities, supplies and grounds mainte-nance are divided into one or more lineitems.”
By defining broad budgetary catego-ries to be “line items,” boards can keepthe necessary transfers to a minimum, andcan avoid the need for special transferswith the attendant reporting.
Finally, while Bob had the right to posthis plan on Facebook, further commentsby other Board members in related postsshould be avoided. At some point, theexchange of views by a quorum onFacebook (or email, etc.) could be viewedas discussion of board business outside ameeting, a violation of the FOIA.
Attorney Thomas B. Mooney is a part-ner in the Hartford law firm of Shipman &Goodwin who works frequently withboards of education. Mooney is a regularcontributor to the CABE Journal.
6 The Journal – Connecticut Association of Boards of Education/March 2015
Robert Rader,Executive Director, CABE andPatrice A. McCarthyDeputy Director/General Counsel, CABE
Birth-grade three leaders ramping up
Over a year and a half ago, theLegislature and Governor established theOffice of Early Childhood. During thelast Legislative Session, they increasedthe number of slots for children to helpensure that more children in need receivea quality pre-K education.
The Office of Early Childhood set up agroup of individuals, including CABE,CAPSS and CAS to help support thiseffort and to help those “in the field” whoare working in this area. We are the
A student’s definitionof education,
determined by parentsDenise Roberts,Administrative Assistantfor Membership Services, CABE
Parental involvement is an essentialaspect of a child’s education. It has beenlinked to better social skills, greaterattendance rates, and higher grades. Yetthere are many children who attendschool without an involved parent. Thereason, in many cases, is not that parentsdo not care about the education of theirchildren, but that they are completelydisconnected from the school community.
Last November, the National Associa-tion of School Psychologists (NASP)released an article titled “Family-School-Community Collaboration.”
The article defined a marginalizedpopulation of “people who are notprovided the opportunity to fully partici-pate in American society due to discrimi-natory social or economic structure.”
As explained by NASP, thismarginalized population – which caninclude immigrants, minorities, or low-income families – is placed in an at-risksocial category with limited educationalexpectations.
Ultimately, this rigid mentalitydecreases parents’ opportunity to helpdevelop and contribute to a successfullearning environment for their child.
The school/parent relationship can bea major determinant of a child’s outlookon education. But the NASP believesparents who are marginalized “…have thepotential to create a cycle of fear orconflict with schools, passing it down tofuture generations.”
If we want all students to excel, wemust train and encourage all parents toinstill in their child the importance oflearning and attending classes.
Therefore, regardless of a school’sundesirable history with parents or aparent’s negative experience with school,both parties need to work together to fullyengage the child.
When I was in elementary school mymother was named parent of the year. Atthat time I did not grasp the importanceof her active participation in my educa-tion.
Arbitrator rules onclass action grievance
A class action grievance that allegesthat various school officials openedschool buildings on weekends, withoutcalling custodians and paying the custodi-ans overtime, can be arbitrable.
Over several years, the union filedgrievances when union representativesdiscovered that a supervisor or otherschool administrator had opened a schoolbuilding after school, or on a weekend,often to permit a private individual toperform maintenance work.
Nearly every time, the New BritainBoard of Education denied the grievance,which typically alleged that the boardshould have requested that a custodianopen the school building and paid thecustodian overtime.
In 2013, the union filed a “classaction” grievance and alleged that theboard of education did not always paycustodians overtime, when schoolbuildings were used before and afterregular school hours.
The board of education maintainedthat because past grievances on thesubject were not appealed, they wereconsidered settled, and the union couldnot re-visit the same subject it failed topursue in an earlier case.
The union denied it waived its right tofile another grievance. Arbitratorsunanimously found that the “class action”grievance was arbitrable, although mostof the past grievances on the same subjecthad been denied.
The union’s failure to appeal pastgrievances was not binding on the unionin connection with any subsequentgrievance that alleged a violation of thesame provision in the collective bargain-ing contract. “[I]n this case,” wrotearbitrators, “the grievances brought by theunion are not re-litigating past griev-ances.”
Connecticut Law Tribune, 2/2/15
Court rules onfiduciary relationship
Allegations that a high school student
and his guidance counselor met once, thatthe high school student expressed concernabout bullying and that the guidancecounselor informed the student that anadult would monitor the hallway, can beinsufficient to allege that a confidential,fiduciary relationship existed between thestudent and the guidance counselor.
The student plaintiff alleged thefollowing facts, which have not beenproven. On Oct. 22, 2012, the 14-year-old plaintiff went to his locker. Alleg-edly, another student pushed the plaintiff.The plaintiff and the other student pushedand shoved each other, and the otherstudent broke the plaintiff’s leg.
Earlier that year, the plaintiff had metwith a high school guidance counselorand expressed concern about bullying.The guidance counselor allegedly assuredthe plaintiff that adults would monitor thehallways.
The plaintiff sued the MiddletownBoard of Education and alleged that theguidance counselor breached her fidu-ciary duty. The defendants moved tostrike. The plaintiff objected that hetrusted and depended on the guidancecounselor.
A fiduciary relationship is defined as arelationship with a unique degree of trustand confidence between the parties, oneof whom has superior knowledge, skill orexpertise and possesses the duty torepresent the interests of the other.
Allegations that the plaintiff and theguidance counselor met once, and that theguidance counselor informed the plaintiffthat an adult would monitor the hallwaywere insufficient to allege that a fiduciaryrelationship existed.
Also, the plaintiff did not allege fraud,self-dealing or that a conflict of interestexisted. The court granted the motion tostrike the breach-of-fiduciary-duty count.The plaintiff’s negligence count survived,and because punitive damages cannot beawarded, in the event that the plaintiffprevails on negligence, the court struckthe plaintiff’s request for punitivedamages.
Connecticut Law Tribune, 2/2/15
Legal IssuesKelly B. Moyher, Senior Staff Attorney, CABE
CABE representatives on this committee.After a discussion facilitated by CABE
and NSBA Past President MaryBroderick, the group, called the Connecti-cut Birth – Grade Three Leaders, hasdeveloped a set of values, a vision and amission as it navigates this complicatedarea.
The Mission of the group includesserving as a Connecticut catalyst to ensurea coherent Birth to Grade Three systempromoting optimal growth, development,education, support, and best practices forchildren, families, educators, and leaders.
The expectation is that the group willprovide advice on policy, legislation, andother issues of the importance to our
vision of what Connecticut can do in thisarea; will advocate for early success forall of Connecticut’s children; will helpConnecticut stakeholders understand thisfoundational period of development; andcultivate leadership expertise andknowledge in early childhood.
Values included in the group’s beliefs:• the importance of informed
leadership at state, local commu-nity, and district levels;
• that learning is a social process andmust include academic, social, andemotional growth expectations;
• that we must address racial andeconomic disparities;
• the importance of empowering
children, families, communities,caregivers, and other educatorsthrough respectful relationships;
• that we need knowledge of childdevelopment and appropriate andeffective pedagogy across the earlychildhood range; and
• that preK must be universallyavailable (though not mandated)and coordinated with K-3.
At its January meeting, the Leadersgroup also has established two subcom-mittees, examining how best to supportthe efforts of local districts and otherpreschool providers to make this opportu-nity successful for all children involved.
We will keep you advised as the groupmoves forward.
But as the years progressed, and shecontinued to work with my teachers andencourage me to take advantage of theopportunity to learn, I found myselfgrowing more and more eager to succeed.Both my family and school continuouslyinspired me with the possibilities that agood education provided.
Their inspiration did not includehomework help and strict tutoring; it wascentered on me believing I had a chanceat becoming a contributing citizen in mycommunity.
The learning environment I experi-enced aligns with the “family-school-community collaboration” NASP sup-ported in their article. NASP believes“parental involvement and a welcomingschool climate have consistently beenlinked to improving student socialdevelopment, school engagement, andacademic learning.”
All students, especially those who areplaced in the marginalized population,will benefit from a team that is supportingthe long-term goals of their academicsuccess.
NASP recommends that an effectivecollaboration begins with educators andleaders in education seeking out thesupport and involvement from discon-nected parents. Parents, just as much asstudents, need to feel welcomed byteachers and staff.
NASP says “If educators can providepositive experiences and opportunities tofamilies who previously had poorexperiences and relationships withschools, then their children will be able toobserve and experience more positiverelationships with education and schools.”
Without a collaborative learningenvironment, we will continue to seedisengaged students who do not under-stand why they are attending school. Fromthose students’ perspective, educationdoes not lead to higher education andsuccess; it leads back to the communitywhere their parents and neighbors stillstruggle.
We must assist parents to help thosechildren understand the importance of aneducation. In doing so, we will createstudents prepared for success.
The Journal – Connecticut Association of Boards of Education/March 2015 7
8 The Journal – Connecticut Association of Boards of Education/March 2015
Make sure you are included in this year’s picture!CABE’s Day on the Hill • March 25, 2015
8:30 AM • The Bushnell • Autorino Great Hall • Capitol Avenue, Hartford
A State Legislative Network Program for CABE Member School Boards,their Superintendents and staff, PTA and PTO members, students and guests.
Contact the CABE Office or visit our website at www.cabe.org to register.
Come to learn the latest on key education issues before you lobby your legislators on how they will impact your district.
• Legislative Leadership – The morning will feature remarks by the leadership of the Connecticut General Assembly.
• Issue Briefings – Learn how pending legislation can impact your school district.
• Education Rally – Make your voices heard as we gather to support public education.
• Visits with Legislators – All participants will visit their own legislators at the State Capitol. The materials and briefings provided byCABE will assure effective lobbying.
• Student Participation – Day on the Hill is an excellent opportunity for high school students to gain a first hand experience in civicsby accompanying their board members and/or superintendent.
SPECIAL FEATURES
The Journal – Connecticut Association of Boards of Education/March 2015 9
10 The Journal – Connecticut Association of Boards of Education/March 2015
Many Americans seem to take publiceducation for granted. Public education,not only prepared us and is preparing ourchildren for the global marketplace, butalso for citizenship and developing a loveof learning for a lifetime.
This critical institution is somethingmost of us grew up with. But, how oftendo we think about its importance in ourlives?
It is very much different in many othercountries. Education is not a right andsometimes it is discouraged, particularlyfor girls, who are seen as unequal to men.
By now, most of you have undoubtedlyheard of Malala Yousafzai, the teenagePakistani girl who demanded that girls inher country be educated. She was shot bythe Taliban for doing so, but, in Decem-ber was a recipient of the Nobel PeacePrize—the youngest to ever receive thehonor.
Her passion and beliefs were nurturedin particular by her father, ZiauddinYousafzai. He had a dream of opening
Malalawrites ofher lovefor theSWATValley,even as the Government and Talibancause much destruction in this beautifularea. The book is somewhat of a a diaryof Malala’s life and tells of the sufferingshe has seen.
Malala does not only tell of herpassion for education. She describes how,even after being singled out and shot inthe head on a school bus and taken toEngland for treatment, the one requestshe made of her parents is they bring herbook bag and, if they couldn’t get it, “buynew books for me, because in March it’smy board examination.”
It is still too dangerous for Malala andher family to go back to the SWATValley. They have worked hard to makethe adjustment to living in Birmingham,England, but the culture is different fromhow they lived I n SWAT.
Malala’s final words in this book: “Iam Malala. My world has changed but Ihave not.”
This is an extraordinary book, writtenby an amazing person. It provides greatinsight into what is happening in thisdangerous part of the world. Those whoread about Malala’s religion, Islam, andhow that affects the lives of ordinarypeople, will better understand her desirefor peace.
Those who read the CABE Journaland those who are involved in publiceducation throughout Connecticut and theUnited States certainly have passion anddedication to public education. We maydisagree on all types of things: funding,testing, standards and the list goes on andon.
But, every now and then it’s good tostep back and see how countries deal witheducation. And, when we do, we realizethat education is not a “given” in manycountries, especially to girls and otherswho are treated unequally.
We are the caretakers for our systemof public education. We have theresponsibility of ensuring that our systemis protected for all those children, whomight not be as passionate about receiv-ing their education as Malala, but need ahigh-quality education if they are to havethe lives that many children can onlydream about.
The Nobel Peace Prize 2014 was awarded jointly to Kailash Satyarthi andMalala Yousafzai “for their struggle against the suppression of children andyoung people and for the right of all children to education”. Below are someexcerpts from Malala’s Noble Lecture:
“Dear brothers and sisters…This award is not just for me. It is for thoseforgotten children who want education. It is for those frightened childrenwho want peace. It is for those voiceless children who want change.
I am here to stand up for their rights, to raise their voice… It is time totake action so it becomes the last time, the last time… we see a childdeprived of education.
Education is one of the blessings of life – and one of its necessities. Thathas been my experience during the 17 years of my life…
[W]e had a thirst for education because our future was right there in thatclassroom. We would sit and learn and read together. We loved to wear neatand tidy school uniforms and we would sit there with big dreams in oureyes…
[Then] education went from being a right to being a crime.
Girls were stopped from going to school.
When my world suddenly changed, my priorities changed too…
I decided to speak up.
The terrorists tried to stop us and attacked me and my friends … butneither their ideas nor their bullets could win.
We survived. And since that day, our voices have grown louder andlouder.
I tell my story, not because it is unique, but because it is not.
It is the story of many girls.
Today, I tell their stories too…
I am those 66 million girls who are deprived of education. And today Iam not raising my voice, it is the voice of those 66 million girls.
Sometimes people like to ask me why should girls go to school, why is itimportant for them. But I think the more important question is whyshouldn’t they, why shouldn’t they have this right to go to school…
I will continue this fight until I see every child, every child in school…
Let’s solve this once and for all.
We have already taken many steps. Now it is time to take a leap…
We ask the world leaders to unite and make education their top prior-ity…
Leaders must seize this opportunity to guarantee a free, quality, primaryand secondary education for every child.
Some will say this is impractical, or too expensive, or too hard. Ormaybe even impossible. But it is time the world thinks bigger…
Why is it that countries which we call strong” are so powerful in creatingwars but are so weak in bringing peace? Why is it that giving guns is soeasy but giving books is so hard? Why is it, why is it that making tanks is soeasy, but building schools is so hard?
[L]et us become the first generation that decides to be the last that seesempty classrooms, lost childhoods, and wasted potentials.
Let this be the last time that a girl or a boy spends their childhood in afactory…
Let this be the last time that we see a child out of school.
Let this end with us.”
“Let us remember:One book, one pen,
one child, andone teachercan changethe world.”
schools in the SWAT area of Pakistanwhere they lived and where the Talibanand the Government have fought forcontrol Malala’s father has tremendousdedication to learning and spoke publiclymany times, both in SWAT and through-out Pakistan, demanding that all childrenreceive an education. Her mother wasalways supportive, but prefers thetraditional custom of remaining in thebackground.
Upon reading the book, it is easy to tellwhy Malala, this incredible youngwoman, became a passionate supporter ofthe right to an education. Their familywas under threat at many times and yet,both father and daughter never backed
Lisa Steimer,Senior StaffAssociate forProfessionalDevelopmentheld a webinarfor meetingmanagers todemonstrateupdates toCABE-Meeting.Also picturedWilmarieNewton,WebinarCoordinator.
The Journal – Connecticut Association of Boards of Education/March 2015 11
CABE: working for YOUIndividualized Workshops • Professional Development Opportunities
Legal Services • Policy Services • Representing You Statewide and Nationally
Below are the highlights of activities thatthe CABE staff has undertaken on yourbehalf over the last month. We did this:
➤ By representing Connecti-cut school boards on thestate or national level:
• Attended CABE/CREC LegislativeBreakfast.
• Attended Connecticut Society ofAssociation Executives (CSAE)meeting on the Fiduciary Responsi-bilities of Association Executives.
• Participated in CSAE webinar onUnrelated Business Income Tax(UBIT).
• Participated in Professional LearningAdvisory Committee.
• Participated in 11th Grade Assess-ment Task Force.
• Attended Capitol Region EducationCouncil (CREC) meeting.
• Participated in National SchoolBoards Association (NSBA) Councilof School Attorneys program planningconference calls.
• Participated in Fox 61 The Real Storyinterview on funding and mandates.
• Particpated in MORE SpecialEducation Task Force meetings.
• Participated in NSBA council ofSchool Attorneys officers conferencecalls.
• Discussed personalized learning onWTIC.
• Attended Connecticut Association ofSchools (CAS) Board of Directorsmeeting.
• Attended the meeting of the CAPSSBoard of Directors.
• Attended the meeting of the ChildEmergency Preparedness Committee.
➤ By providing opportunitiesfor members to learn howto better govern theirdistricts:
• Planned and implemented CABEBoard of Directors Retreat.
• Participated in a CABE-Meetingwebinar with Kentucky SchoolBoards Association staff.
• Trained Derby board members onCABE-Meeting.
• Presented a webinar to CABE-Meeting Meeting Managers on theManager Service feature.
• Facilitated a board retreat with theSuffield and Waterbury Boards ofEducation.
• Provided policy information to 39districts, one RESC, one newspaperand one out-of-state school boardsassociation through 54 answeredrequests for information or samplepolicies, on 38 topics. Further,districts continue to access CABE’s
online Core Policy Reference Manualand/or online manuals posted byCABE for policy samples. The topicsof greatest interest pertain to stateassessments, graduation requirementsand bullying.
➤ By ensuring membersreceive the most up-to-date communications:
• Discussed legislative issues with theHartford Area Superintendents.
• As part of the development of newpolicy manuals utilizing the CustomPolicy Service, materials wereprepared for Bloomfield, Ellington,Newtown, Stamford andThomaston.
• As part of the Custom UpdateService policy materials were sent toAnsonia, Columbia, East Hampton,East Windsor, Franklin, GilbertSchool, Marlborough, NewFairfield, New Hartford,Newington, North Stonington,Putnam, Region 6, Sterling, WestHaven, Westbrook and Windham.
• The second edition of the PolicyUpdate Service publication wasdistributed to subscribing districts.
➤ By providing servicesto meet members needs:
• Facilitated a tri-board meeting withthe North Stonington Board ofEducation.
• Held a meeting with the NorthStonington Board of Education toplan for follow-up meeting with Tri-boards.
• Completed the audit of the policymanual for the Portland Board ofEducation.
• In the process of auditing the Region14 Policy Manual.
• Revised the Model Student/ParentHandbook.
• Revised the Administration ofMedications policy to incorporate thenewly adopted state regulationspertaining to epipens.
➤ By helping school boardsto increase studentachievement
• Provided Lighthouse training andplanning sessions for the VernonBoard of Education and held aLighthouse training session with theStamford Board of Education.
• Participated in press conference onpersonalized learning.
• Sent out three issues of PolicyHighlights via email listserv coveringtopics that affect student achieve-ment. This included student dataprivacy obligations, suicide preven-tion,, English learners, homelessstudents, homeschooling, andtechnology usage.
➤ By promotingpublic education:
• Attended CABE Area Breakfasts.• Met with the editorial boards of the
New London Day, New HavenRegister and the Hartford Courant.
• Answered questions about the currentlegal issues facing boards of educa-tion. “HOT” topics this month were:Expulsion hearings, notice ofmeetings, miutes of committeemeetings, teacher personnel files, andsuperintendent evaluation.
Speaking at a Press Conference being held at the Legislative Office Build-ing were: CAS Executive Director Karissa Niehoff, CAPSS Executive Direc-tor Joseph Cirasuolo and CABE Deputy Director and General Counsel PatriceA. McCarthy discussing personalized learning, a voluntary system for put-ting added focus on the individual needs of all children.
“The function ofleadership
is toproduce more
leaders,not more
followers.”– Ralph Nader
Photo highlightPress Conference
Webinar
Discipline andDiscrimination workshop
Kelly B. Moyer, SeniorStaff Attorney, CABEwelcomed everyone tothe workshop.
(left) Michele Laubin,Attorney, Berchem,Moses and Devlin,reviewed the latestfindings of discrimina-tory treatment andimpact on students ofcolor due to disciplin-ary actions and KarenParks, Deputy Superintendent, Fairfield Public Schools talkedabout her experiences and shared examples.
Discipline and Discrimination: It Can Be a Fine Line workshop
12 The Journal – Connecticut Association of Boards of Education/March 2015
The Journal – Connecticut Association of Boards of Education/March 2015 13
.
The Media Messagefrom Ann Baldwin, Baldwin Media Marketing, LLC
Connecticut’s school boards and the importance ofcommunity understanding of professional development
CABE and Baldwin Media: Partners in Managing Communications
At the beginning of my working rela-tionship with the Connecticut Associa-tion of Boards of Education, I didn’trealize all of the work that boardmembers and superintendents put intoyour “job” and the professional devel-opment provided by CABE that goeswith that.
Across the state school boards arethe policy makers and governance“arm” of public education. From per-sonnel to budget issues and everythingin between, board members across thestate and the country have a huge re-sponsibility that they take seriously andthat is why professional development isso important for these elected or ap-pointed officials.
Board members often take part in
various professional developmentactivities, which make them more effec-tive and efficient in their roles.
As a result of Baldwin Media’s rela-tionship with CABE, we have had theopportunity to work with many memberboards which also realize the importanceof “community outreach”, which iscritical in every district and it is also oneof the most challenging.
Through professional developmentcomes the opportunity for communityengagement. Share what you have learnedpublicly and how it will help your localboard. Let your community know aboutthe professional development which youhave attended! It strengthens your credi-bility and that of the board.
Almost like running a political camp-aign, boards need to develop key mes-
sages that will resonate with their stake-holders with the goal of gaining supportfor public education and to strengthentheir district. A professional board is partof the profile of the board that you wantto convey.
This month, many local boards, theirSuperintendent and some of their studentswill also be at the State Capitol forCABE’s Day on the Hill. They will havean opportunity to meet with their localstate representatives, as well as an oppor-tunity for students to get a behind thescenes” look at the political process andhave a voice in the future of publiceducation.
CABE also offers a two-day Conven-tion for their member districts. This is notonly an opportunity for new and returningboard members to learn “best practices”,it is also an opportunity to celebrate and
congratulate individual boards andmembers for their outstanding accom-plishments especially in communica-tions with their school community.
This is also a great public relationsopportunity to let your communityknow about the good work that is beingdone.
The reality that many districts haverealized over time is that the time tostart communicating about waht theyare doing is NOT right before a budgetvote. The more information that youcan proactively share with your stakeholders all year long, the better chanceyou have at continued success and moreimportantly getting the funding youneed to support public education inyour community.
14 The Journal – Connecticut Association of Boards of Education/March 2015
For an update or more information on vacancies
go to our website:www.cabe.org
is recruiting forRegion 1
AssistantSuperintendent
For more information contact,CABE Search Services,
Written by:Mark J. Sommaruga, Esq.Pullman & Comley, LLC
Area 1 Area 2 Area 3
Area 4
Area 5
Area 6
Area 7Area 8
CABE Area Director Dan Gentile (Plymouth)and Representative Whit Betts.
East Hartford Superintendent Nate Quesnel,Representative Henry Genga and PatriceMcCarthy, Deputy Director/General Counsel,CABE.
Andover Superintendent Andrew Maneggiaand CABE Area 3 Director Laura Bush(Vernon).
Representatives Paul Brycki and Mike Alberts discuss education issues.
Student musicians from the Plainfield Public Schools.
CABE Area 4 Director Douglas Smith (standing).
Michelle Ku (Newtown) Board Member address attendees.
Senator Gayle Slossberg addressing attendees.
Representative Pam Staneski speaking withCABE Area 5 Co-Directors John Prins(Branford) and Roxane McKay (Wallingford).
Representative Jonathan Steinberg and attendees at the Area 6 Break-fast in Westport.
Representatives Melissa Zibron and Noreen Kokaruda with attendees atthe Area 8 Breakfast.
Representative Phil Miller (standing) addressesthe group at the Area 8 Breakfast.
CABE Area 8 Director Lon Seidman address-ing the group.
The Journal – Connecticut Association of Boards of Education/March 2015 15
CABE-Meeting
CABE-Meeting is a user-friendlyonline service offered by CABEspecifically for school boards. Userscan eliminate unnecessary paperwork,increase efficiency and reduce costswhile enabling board members to utilizethe latest in cutting edge technology.Using CABE-Meeting, the MeetingManager can create and electronicmeeting from developing the agenda tocreating the minutes and everything inbetween.
When the meeting is ready, theMeeting Manager emails your boardmembers and designated administratorsto let them know they can log in. Userscan login from the comfort of theirhomes or work place. With a mouseclick, agenda and related documents areopen and ready for viewing. Using thesearch features, administrators andboard members can easily locateinformation from previous boardmeetings. No more time consuming,tedious searches through mounds ofpaper!
What Else DoesCABE-Meeting Offer?• Secure login access for board and
district staff• Password protected access for
certain features and audiences• 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• Calendar for tracking events of
district interest
Your CABE-MeetingSubscription Provides:• Access to CABE-Meeting• Initial and ongoing training• Support and maintenance
Connecticut Represented atthe NSBA Advocacy Institute
Connecticut delegation: l. to r., Federal Relations Chair DonaldHarris (Bloomfield), Vice President for Government RelationsRobert Mitchell (Montville), Robert Rader (CABE), President Ri-chard Murray (Killingly), Scott Garbini (New London), First VicePresident Ann Gruenberg (Hampton), Mirna Martinez (NewLondon), Lydia Tedone (Simsbury), Sheila McKay (CABE), StateRelations Chair Elizabeth Brown (Waterbury), SuperintendentNathan Quesnel (East Hartford), and Patrice A. McCarthy(CABE).
Vice President for Government Relations Robert Mitchell (Montville), Robert Rader(CABE), Lydia Tedone (Simsbury), Senator Richard Blumenthal, Federal Rela-tions Chair Donald Harris (Bloomfield), Superintendent Nathan Quesnel (EastHartford) and Patrice A. McCarthy (CABE).
State Relations Chair Elizabeth Brown (Waterbury), Patrice A. McCarthy (CABE),Vice President for Government Relations Robert Mitchell (Montville), SenatorChristopher Murphy, Mirna Martinez (New London) and Scott Garbini (New Lon-don).
Superintendent Nathan Quesnel (East Hartford), Lydia Tedone(Simsbury), Federal Relations Chair Donald Harris (Bloomfield),Representative Rosa DeLauro (3rd Congressional District), StateRelations Chair Elizabeth Brown (Waterbury) and Patrice A.McCarthy (CABE).
Superintendent Nathan Quesnel (East Hartford), Patrice A. McCarthy (CABE),Lydia Tedone (Simsbury), Representative Elizabeth Esty (5th Congressional Dis-trict), State Relations Chair Elizabeth Brown (Waterbury) and Federal RelationsChair Donald Harris (Bloomfield).
Representative John Larson (1st Congres-sional District).
Patrice A. McCarthy(CABE), SarahWiszniak (Congres-sional Intern fromPlainville, CT), LydiaTedone (Simsbury),Federal RelationsChair Donald Harris(Bloomfield), andState Relations ChairElizabeth Brown(Waterbury).
Sheila McKay (CABE), First Vice President Ann Gruenberg (Hampton), MirnaMartinez (New London), President Richard Murray (Killingly), Representative JoeCourtney (2nd Congressional District), Scott Garbini (New London), Vice Presi-dent for Government Relations Robert Mitchell (Montville), and Robert Rader(CABE).
16 The Journal – Connecticut Association of Boards of Education/March 2015
