Vol. 18, No.8 September 2014 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 Pasi Sahlberg Convention Friday morning speaker CCJEF v. Rell Education Adequacy & Equity See CCJEF page 14 See Sahlberg page 15 Nutmeg Board PAGE 5 Residency PAGE 6 CABE Annual Report PAGE 9 Media Message PAGE 15 Policy Corner PAGE 7 East Hartford Public Schools Welcome Back to School! Lisa Steimer Senior Staff Associate for Professional Development The CABE/CAPSS Convention Committee is pleased to announce that Dr. Pasi Sahlberg, Finnish educator and scholar, will be our Friday morning keynote speaker. He received a Master of Science (Mathematics) in 1984 from University of Turku and a PhD from the University of Jyvaskylä in 1996. He also has a Teacher’s Diploma from the University of Helsinki in 1986. Dr. Sahlberg has a long track record in education and development. His teaching career started in Teacher Training School at the Department of Teacher Education, University of Helsinki in 1986. He then moved to the Ministry of Edu- cation (National Board of Education) in 1991 to serve as Senior Advisor in sci- ence education, Head of the School Im- provement Unit, and later as Counselor to the Deputy Director General on educa- tion policy development and education reform. In 2000 he was invited to take the leadership of the Centre for School De- velopment in the University of Helsinki. From the beginning of 2003 he worked as Senior Education Specialist in the World Bank in Washington, DC. He was responsible for education projects and analytical work in Europe and Central Asia. Since June 2007 he worked with the European Training Foundation, in Torino, Italy, as Lead Education Specialist producing intellectual services to govern- ments, schools and leaders to improve their educa- tion policies and practices. Since December 2009 Dr. Sahlberg served as Director General of Pasi Sahlberg NINE YEARS after the Connecticut Coalition for Justice in Education Funding brought suit against the State of Connecticut for its failure to adequately and equitably fund PK-12 public schools in accordance with the Connecticut constitution, the CCJEF v. Rell trial is finally scheduled to get underway at Hartford Superior CVourt in January 2015.. What this case is all about – the short version: Plaintiffs in the case include CCJEF, a broad-based coalition of municipalities, school districts, parents, and others, and 25 named schoolchildren and their parents from 10 communities. CCJEF and named plaintiffs are being represented pro bono by Debevoise & Plimpton LLP, the Yale Law School Education Adequacy Project, and David Rosen & Associates PC. Defendants (in their official capacities, as prescribed by Connecticut law) include the Governor, Treasurer, Comptroller, State Board of Education, and the Com- missioner of Education, or their succes- sors. All are represented by the Attorney General and his staff. The complaint alleges that the unsuitability and inequality of educa- tional opportunities, as well a the sub- sequent harm suffered by students, is caused by the State’s flawed education funding system as evidenced by inad- equate and inequitable education inputs and low levels and unconscionable disparities of education outputs. Originally filed in November 2005, the case now proceeds to trial for CCJEF to prove that the State is not meeting its constitutional obligation to adequately and equitably fund the PK-12 public schools and that the current system of school finance in unconstitutional. Informing the trial court will be the landmark 2010 Connecticut Supreme Court decision issued in this case regard- ing plaintiffs’ adequacy claims. In March 2010, on plaintiffs’ appeal of the unfavorable pretrial decision regard- ing adequacy, the Connecticut Supreme court ruled in CCJEF v. Rell that the State constitution ensures the right of every Connecticut public school student to an effective, meaningful, and quality (ade- quate) education, and the State must pay for it. The 2010 CCJEF decision added sub- stance to the ruling in Horton v. Meskill (1977, 1982, and 1985), in which the CIMO (Center for International Mobility and Cooperation) at the Finnish Ministry of Education and Culture in Finland. He has worked with governments and educators in Europe, Central Asia, North
Transcript
Vol. 18, No.8 September 2014
w w w . c a b e . o r g
Connecticut Associationof Boards of Education Inc.81 Wolcott Hill RoadWethersfield, CT 06109-1242
Lisa SteimerSenior Staff Associatefor Professional Development
The CABE/CAPSS ConventionCommittee is pleased to announce thatDr. Pasi Sahlberg, Finnish educator andscholar, will be our Friday morningkeynote speaker. He received a Master ofScience (Mathematics) in 1984 fromUniversity of Turku and a PhD from theUniversity of Jyvaskylä in 1996. He also
has a Teacher’s Diploma from theUniversity of Helsinki in 1986.
Dr. Sahlberg has a long track record ineducation and development. His teachingcareer started in Teacher Training Schoolat the Department of Teacher Education,University of Helsinki in 1986.
He then moved to the Ministry of Edu-cation (National Board of Education) in1991 to serve as Senior Advisor in sci-ence education, Head of the School Im-
provement Unit, and later as Counselor tothe Deputy Director General on educa-tion policy development and educationreform.
In 2000 he was invited to take theleadership of the Centre for School De-velopment in the University of Helsinki.
From the beginning of 2003 he workedas Senior Education Specialist in theWorld Bank in Washington, DC. He wasresponsible for education projects andanalytical work in Europe and CentralAsia.
Since June 2007 he worked with theEuropean Training Foundation, in Torino,Italy, as Lead Education Specialistproducing intellectual services to govern-ments, schools and leaders to improve
their educa-tion policiesand practices.
SinceDecember2009 Dr.Sahlbergserved asDirectorGeneral of
Pasi Sahlberg
NINE YEARS after the Connecticut Coalition for Justice in Education Fundingbrought suit against the State of Connecticut for its failure to adequately
and equitably fund PK-12 public schools in accordance withthe Connecticut constitution, the CCJEF v. Rell trial is finally
scheduled to get underway at Hartford Superior CVourt in January 2015..What this case is all about – the short version:
Plaintiffs in the case include CCJEF, abroad-based coalition of municipalities,school districts, parents, and others, and25 named schoolchildren and theirparents from 10 communities.
CCJEF and named plaintiffs are beingrepresented pro bono by Debevoise &Plimpton LLP, the Yale Law SchoolEducation Adequacy Project, and DavidRosen & Associates PC.
Defendants (in their official capacities,as prescribed by Connecticut law) includethe Governor, Treasurer, Comptroller,State Board of Education, and the Com-missioner of Education, or their succes-sors. All are represented by the AttorneyGeneral and his staff.
The complaint alleges that theunsuitability and inequality of educa-
tional opportunities, as well a the sub-sequent harm suffered by students, iscaused by the State’s flawed educationfunding system as evidenced by inad-equate and inequitable education inputsand low levels and unconscionabledisparities of education outputs.
Originally filed in November 2005, thecase now proceeds to trial for CCJEF toprove that the State is not meeting itsconstitutional obligation to adequatelyand equitably fund the PK-12 publicschools and that the current system ofschool finance in unconstitutional.
Informing the trial court will be thelandmark 2010 Connecticut SupremeCourt decision issued in this case regard-ing plaintiffs’ adequacy claims.
In March 2010, on plaintiffs’ appeal of
the unfavorable pretrial decision regard-ing adequacy, the Connecticut Supremecourt ruled in CCJEF v. Rell that the Stateconstitution ensures the right of everyConnecticut public school student to aneffective, meaningful, and quality (ade-
quate) education, and the State must payfor it.
The 2010 CCJEF decision added sub-stance to the ruling in Horton v. Meskill(1977, 1982, and 1985), in which the
CIMO(Center forInternational Mobility and Cooperation)at the Finnish Ministry of Education andCulture in Finland.
He has worked with governments andeducators in Europe, Central Asia, North
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 DIRECTORSSusan Hoffnagle ............................. Area 1 Co-Director, WinchesterMari-Ellen (Mimi) Valyo ............... Area 1 Co-Director, WinchesterDaniel Gentile ................................... Area 1 Co-Director, PlymouthJeffrey Currey ............................. Area 2 Co-Director, East HartfordSusan Karp ................................... Area 2 Co-Director, GlastonburyDonald Harris ................................. Area 2 Co-Director, BloomfieldLaura Bush ................................................. Area 3 Director, VernonDouglas Smith .................................. Area 4 Co-Director, PlainfieldAndrea Veilleux ................................ Area 6 Co-Director, StratfordElaine Whitney .................................. Area 6 Co-Director, WestportRoxane McKay ............................. Area 7 Co-Director, WallingfordJohn Prins ......................................... Area 7 Co-Director, BranfordLon Seidman .................................................Area 8 Director, EssexAaron Daniels ........................................... Area 9 Director, Norwich
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 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/September 2014
PRESIDENT COMMENTARY
CABE Board of Directors
Good luck onnew school year
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.
Wow, I cannot believe summer is overand schools have opened for the newschool year. Didn't summer just start?
Let's hope for a warm autumn season.With teachers and children back in
school across the state our focus should beon improving student learning.
School Boards need to set the tone witha persistent and relentless focus on studentlearning at our board meetings. Highperforming districts have an effectiveboard-superintendent leadership team thatsets the culture and the expectation that allstudents can and will learn in their schooldistricts.
The Massachusetts Association ofSchool Committees (MASC) defines agreat school board member as one whoseeks first to understand – then, to beunderstood. A great school board memberis open minded and keeps learning byattending professional developmentopportunities that will enable us toincrease our knowledge and skills to
become more effectiveeducational leaders throughoutour tenure.
Great board members alsobuild strong personal relation-ships, and we confront issues,not people. To be great schoolboard members we need tocontinually advocate for ourstudents and their schools andpromote the benefits of public
parents and the public aboutit -- on a daily basis.
Good luck with your newschool year and I issue allConnecticut board membersa challenge: to attend at leastone professional develop-ment session this year.
schools to our communities.We also need to collaboratewith other boards, through CABE, toadvocate at the state and national levels.
Boards of Education need to be moreeffective communicators if we want tochange the perceptions of public educa-tion. We need to tell our stories of whyand how public education makes adifference in every community.
As the NSBA Booklet, Telling YourStory, says, 'doing a good job is no longerenough. We have to do a good job and tell
RecentPeople inthe News• Elizabeth A.Napolitano, CEOE, wasrecently installed as the80th President of theNational Association ofEducational OfficeProfessionals. Betty hasbeen the AdministrativeAssistant to the Superinten-dent of Schools in Walling-ford, CT and Clerk of theBoard of Education for six-teen years.• Members of the Con-necticut School AttorneysCouncil recent met in theCABE office to discuss re-cent legislation passed bythe General Assembly andother issues of concern.• Patrice A. McCarthy,Deputy Director andGeneral Counsel, CABE,recently attended a specialpress conference on Con-necticut’s National Asso-ciation of Education Place-ment (NAEP) results. Shecommented on how schoolboards, superintendents,educators, the State Boardof education, legislatorsand the Governor haveworked hard together,focusing on studentachievement.• Gavin Forrester, III,was recently honored at theGovernor’s mansion as thewinner of the 2013 CABEPhilip S. Fenster Distin-guished Service Award.
Robert Rader
EXECUTIVE DIRECTOR COMMENTARY
The Journal – Connecticut Association of Boards of Education/September 2014 3
Have you set your board goals for the year?Your personal goals?
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Architects and PlannersJCJ Architecture
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EDUCATIONALAFFILIATES
American School for the DeafArea Cooperative Educational Services
Capitol Region Education CouncilThe College Board
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Connecticut Center for School ChangeConnecticut School Buildings
and Grounds AssociationCooperative Educational Services
EASTCONNEDUCATION CONNECTION
LEARNUnified School District #1
CABEBUILDS
LEADERS!If your actions inspireothers to dream more,
learn more,do more and
become more,you are a leader.
– John Quincy Adams
Now that this anything-but-quietsummer is behind us, school districts havestarted their 2014-15 school year. Howdid your Board start the year?
I ask because once school is in fullswing, it often becomes harder to find thetime to do the deep thinking that is sonecessary in order for Boards to examinetheir vision of what school should be—oreven how they can improve the operationof their Board. We hope that this wasdone over the summer, but with vacationsand families away, this is difficult inmany districts.
Three Sets of GoalsCABE staff spends time over the
summer with Boards helping set goals.There are basically three levels of goalsthat school districts have. The first areDistrict goals, covering issues elicited inthe Strategic Plan, if there is any. Theseare usually very broad goals based onstudent achievement, facilities and otheritems that the whole district will focusupon.
Second, are theSuperintendent’sgoals. These areusually written inconjunction with theBoard and are aimedat implementingDistrict goals, aswell as specificissues about a superintendent’s perfor-mance. They may also contain someaspects of the implementation of theBoard’s goals. The Superintendentevaluation process usually helps identifysome of the Superintendent’s goals.
Third, are the goals established by theBoard. They can develop from a BoardSelf-Evaluation, including recommenda-tions of the Superintendent, or thefeelings of Board Members that improve-ment is needed in some area. We encour-age Boards to have no more than three-to-five and they should be, at least in part,aimed at strengthening the functioning ofthe Board. Examples might includeincreasing Board communication with thepublic, having more effective meetingsand considering how to better understandthe data that the Board uses to make itsdecisions.
Boards should ensure that theiragendas are aligned with the goals theyhave adopted, so that they spend thenecessary time and effort on them. And,there should be regular reporting on thegoals as the year progresses.
A Good Time to StartEven if your Board hasn’t developed
its own goals, now would be a good timeto start. By developing Board goals in anopen session or retreat, a Board shows thefaculty, students and the public that it,
too, is accountable and is working oncontinuous improvement. By attaching awork plan and timelines, there is a muchbetter chance of getting the work done.
Even Board Members should havetheir own goals. The following list ofideal Board Member traits comes from
the CABE Code of Conduct for BoardMembers and Superintendents. As youread it, think of how you approach yourroles and responsibilities and whetherthere may be opportunities for improve-ment:
• Board members and Superintendentsensure the opportunity for highquality education for every studentand make the well-being of studentsthe fundamental goal of all decision-making and actions.
• Board members and Superintendentsare staunch advocates of highquality free public education for allConnecticut children.
• Board members and Superintendentshonor all national, state and locallaws and regulations pertaining toeducation and public agencies.
• Board members and Superintendentsrecognize that clear and appropriatecommunications are key to thesuccessful operation of the schooldistrict.
• Board members and Superintendentswill always carry out their respectiveroles with the highest levels of pro-fessionalism, honesty and integrity.
• Board members recognize that theyrepresent the entire community andthat they must ensure that the com-munity remains fully informed onschool-related matters.
• Superintendents and Board members
recognize that the Superintendentserves as the Board of Education’sagent and will, in that role, faithfullyapply the policies and contractadopted by the Board.
• Board members adhere to the prin-ciple that they shall confine theBoard’s role to policy-making,planning and appraisal while theSuperintenden shall implement theBoard’s policies.
• Board members and Superintendentsboth recognize that they serve as apart of an educational team withmutual respect, trust, civility andregard for each other’s respectiveroles and responsibilities.
• Board members are committed to theconcept that the strength of theSuperintendent is in being theeducational leader of the schooldistrict.
• Board members and Superintendentspractice and promote ethicalbehavior in the Boardroom as amodel for all district employees.
• Board members and Superintendentsconsider and decideall issues fairly andwithout bias.
Right now, CABEand CAPSS aredeeply involved in aprocess to updateour Governance
Statement and Team Assessment docu-ments, found on both the CABE andCAPSS websites. We are in a time ofincreased accountability and adherence tothe best practices and, we hope to giveyou some new and higher voluntarystandards. We hope you will think aboutthese once you receive them.
In addition, CABE stands ready tocontinue its work in helping Boardsdevelop their goals and better understandtheir roles and responsibilities. Do nothesitate to contact us if we can be of helpto you or your Board.
“By developing Board goals in an open session orretreat, a Board shows the public, faculty, students
and the public that it, too, is accountable and isworking on continuous improvement.”
4 The Journal – Connecticut Association of Boards of Education/September 2014
Education challenges on three continentsPatrice A. McCarthyDeputy Director and General Counsel, CABE
What do schools on three differentcontinents have in common? It turns outquite a bit. Over the past several months Ihave had the honor of serving as avolunteer evaluator for the New EnglandAssociation of Schools and Colleges(NEASC) in helping prepare schools inGermany and Nigeria for the NEASCaccreditation.
The accreditation process for interna-tional schools and American schoolsabroad is based on the same frameworkNEASC uses to accredit schools through-out New England. The framework covers
the mission and vision, teaching andlearning, governance and leadership,school culture and finances and facilities.
The John F. Kennedy School in Berlinwith 1690 students in grades k-12 and theCorona Secondary School in Agbara, aboarding school educating 460 students ingrades 7 through 12 from throughoutNigeria share the core value of educatingthe entire child.
At the JFK School that was evidencedby an outstanding music and arts depart-ment, and we had the privilege of listen-ing to some of their performances as partof their tribute to Dr. Martin Luther King.The Corona School emphasizes academ-
ics as well as a host ofextracurricular activi-ties, and a focus onintegrity.
These schools facethe challenges ofmeeting national andinternational testingrequirements while notcompromising thestudent educationalexperience. Does thatsound familiar?
The CoronaSchool faces the
enced throughout Nigeriarelated to power, water andtechnology. The school hasbecome self-sufficient in orderto address these challenges,utilizing multiple gen-eratorsand its own water supply.
The JFK School is actuallya German public school withtwo gov-erning bodies – theBerlin department of educa-tion, which is responsible forthe overall operation of theschool, and the ten-memberEduca-tional Directorate,which consists of representa-tives from the US Embassy,the Berlin government, and theparents, which functions as the
Nigerian students learning how to play badminton.
additional infrastruc-ture challenges experi-
German students out at recess.“board of education”.Clearly defined roles and respon-
sibilities are key to making this gover-nance structure work.
The experience of visiting these twoschools caused me to reflect on thesimilarity of the challenges Connecticutschools face – but with perspective thatonly thousands of miles of distance canprovide.
While the context is different, thepriorities are remarkably similar:
• Preparing students to function in aglobal society
• Using achievement data to informinstruction
• Engaging the parent community• Creating a safe and supportive
school climate and culture• Developing a common understand-
ing of the roles and responsibilitiesof the governing body and adminis-tration.
In all cases, a committed governingbody, administration and school staff arekey to addressing these priorities.
See You in Court – The Nutmeg Board of Education
Did the Nutmeg Board’s Policy Committee Chair oversteps his authority?Thomas B. Mooney, Esq.Shipman & Goodwin
The Journal – Connecticut Association of Boards of Education/September 2014 5
A Practical Guideto Connecticut
School Lawby Thomas B. Mooney, Esq.
Shipman & Goodwin
Eighth Editioncoming in October
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.
Mal Content has been a member of theNutmeg Board of Education for threeyears. For most of that time, Mal was theoutsider looking in. That all changed thisyear, however, when Mr. Chairpersonappointed Mal to serve as Chairperson ofthe Board Policy Committee.
Suddenly, Mal saw himself as a player,and he embraced his new responsibilitiesenthusiastically, perhaps too much so.
Mal promptly got on the telephonewith Mr. Board Attorney and asked himto review and revise all Board policies “tomake them perfect.”
Moreover, Mal quickly decided on hisown that the Board needs new policies onstudent safety, religious celebrations inthe schools, and the assignment and returnof homework. Mal sent a courtesy emailto the other members of the PolicyCommittee, informing them that he waswriting some new policies, and then Malgot to work.
For the student safety policy he wasdrafting, Mal followed his heart. Herecalled how he had been bullied inmiddle school, and so he included in thedraft policy he was writing that studentswould never be permitted to be in theschool setting without adult supervision.His draft policy also provided that theBoard directs the Administration “to takeall possible measures to assure studentsafety.”
On religious celebrations in the school,Mal’s draft policy provided that teachersare prohibited from mentioning in classany holiday with religious significance,including Easter and Christmas. Indeed,to make sure that students are comfortablein school, Mal’s draft policy also prohib-ited students from talking among them-selves in school about religious holidays.
Finally, Mal’s draft policy on home-work was quite simple: Teachers will berequired to return homework assignmentsto students within twenty-four hours.Period.
Mal sent his draft policies to the othermembers of the Policy Committee byemail, asking for their input. At theBoard meeting last week, Mal proudlydescribed his efforts to the full Board inpublic session, and he explained that hewas simply waiting for the other Commit-tee members to respond before presentingthe new policies to the Board for adop-tion.
Veteran reporter Nancy Newshound ofthe Nutmeg Bugle, the local newspaper,was in the audience, and she asked Mal tosend her copies of the draft policies. Malchided Nancy, asking rhetorically if sheknows what the word “draft” means.
The Guide comes with a CD which provideshyperlinks to many cases and statutes
and will permit word searchesas a supplement to the Index.
“When we are done with the policies andpresent them to the full Board, Nancy,you will be one of the first to know,” Malassured her.
Meanwhile, Mr.Board Attorney wasbusy at work, and afew days later, he sentMal thirty pages ofrecommendations onthe policies onstudents. “Personnelis next,” he wrote inhis cover memoran-dum.
“By the end of theyear, we should haverecommendations onhow the Board canmake all of itspolicies perfect, asyou requested,”concluded Mr. BoardAttorney.
Did Mal get carried away here? If so,how?
Policies regulate the affairs of a schooldistrict, and writing and adopting policiesis one of the key responsibilities of boardsof education. In writing policies, how-ever, boards of education must keep inmind that the drafting and adoption ofboard policies can raise significant legalissues. Here, there are problems withwhat Mal wrote and how he did so.
Policies create legally-binding commit-ments, and therefore it is important thatboard policies be realistic in establishingrules to govern district affairs.
The policy on student safety, forexample, provides that students will neverbe left without adult supervision. More-over, what does it mean to take “allpossible measures to assure studentsafety”?
Such grandiose language may wellinvite liability claims. School districtscan be liable for harm that comes tostudents if (1) school officials have a dutyof care, (2) they breach that duty byacting unreasonably, (3) that unreasonableaction causes an injury (4) that wasforeseeable. When boards of educationadopt policies, they define reasonableaction, and a failure to follow boardpolicy will be deemed unreasonable perse.
Thus, if and when a board of educationadopts a policy that includes an unrealis-tic expectation that school officials maynot always be able to meet, it may besetting the district up for liability.
In addition, policies can raise otherlegal issues. The draft policy on religiouscelebrations in the schools, for example,purports to prohibit students fromdiscussing their own religious celebra-tions, a clear violation of their FirstAmendment rights.
Similarly, the draft policy on home-work may result in an unfair labor practicecharge. While boards of education have
the right toadopt policiesgoverningdistrict prac-tices, anysignificantchanges inexpectations(such as therequirementhere thathomeworkalways bereturned withintwenty-fourhours) maytrigger a duty tonegotiate overchanges in
working conditions.Given the legal implications, it is often
advisable to seek legal review beforeadopting a significant new policy.However, it is important to be clear onwho has the authority to assign legal workto counsel.
Here, Mal’s request to Mr. BoardAttorney that the board policies be made“perfect” involves an extensive legalreview, a potential expense that the Boardas a whole would appropriately considerand decide upon.
There are of course other problemswith how Mal went about fulfilling hisnew responsibilities. The draft policiesthat Mal prepared would not be consid-ered “drafts” exempt from disclosureunder the Freedom of Information Act.“Preliminary drafts and notes” are indeedgenerally exempt from disclosure underthe FOIA.
However, when a draft is circulated as“part of the process by which governmen-tal decisions and policies are formulated,”it is no longer considered “preliminary,”and it is subject to public disclosure.Thus, Nancy Newshound had a right tosee the drafts that Mal circulated.
Finally, Mal’s email asking forcomments from the other members of thePolicy Committee may have violated theFOIA. The Policy Committee is itself apublic agency, and its meetings must beposted.
By asking for comments beforesubmitting the policies to the Board ofEducation for adoption, Mal was essen-tially conducting Committee businesswithout posting the “meeting.”
Any substantive discussion aboutCommittee responsibilities should occuronly at a posted meeting.
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.
“. . . when a draft iscirculated as ‘part of the
process by whichgovernmental decisions
and policies areformulated,’ it is nolonger considered
‘preliminary,’ and it issubject to public
disclosure.”
6 The Journal – Connecticut Association of Boards of Education/September 2014
CABE-Meeting
Residency and “illegal alien status”: do’s and don’ts
and board members can easily locateinformation from previous boardmeetings. No more time consuming,tedious search throug mounds ofpaper!
What Else DoesCABE-Meeting Offer?
• Secure login access for boardand district staff
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• Access from an location withInternet access
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Your CABE-MeetingSubscription Provides:
• Access to CABE-Meeting• Initial and ongoing training• Support and maintenance• Upgrades to the service
It is worth remembering that when de-termining if someone is a resident of yourschool district, the fact that someone maynot actually be a legal resident of thisnation is irrelevant.
In order to underscore this fact, theUnited States Department of Justice andthe United States Department of Educa-tion’s Office of Civil Rights recently join-ed forces to issue a “Dear ColleagueLetter” [“DCL”] to provide guidance toschool districts as to what is and is notpermissible in terms of assessing theresidency of students.
The DCL reminds school districts thatbarring students from enrolling in the pub-lic schools based upon their (or their par-ents’) citizenship or immigration statuscould also violate the numerous laws thatprohibit discrimination on the basis ofrace, color, or national origin, sincecitizenship/immigration-based criteria mayhave the effect of discriminating againstpersons based upon racial or ethnic status.
The DCL follows well-establishedUnited States Supreme Court precedent.In Plyler v. Doe, 457 U.S. 202 (1982), theSupreme Court held that a state may notdeny access to public education to anychild residing in the state, regardless ofwhether the child is present in this countrylegally; this holding is cited in the DCL,which further notes: "[A]s Plyler makesclear, the undocumented or non-citizen
status of a student (or his or her parent orguardian) is irrelevant to that student’sentitlement to an elementary and second-ary public education.”
A year after Plyler, the Supreme Courtheld in Martinez v. Bynum, 461 U.S. 321(1983), that residency within a school dis-trict for school accommodation purposesis usually based upon both physical pre-sence and an intention to remain, and it isevident that one can reside within a town
for school accommodation purposeswithout being a citizen or legal resident ofthe United States.
Consistent with Martinez, the DCLprovides that “in order to ensure that itseducational services are enjoyed only byresidents of the district, a district mayrequire students or their parents to provideproof of residency within the district.”
For example, a district may requirecopies of phone and water bills or a leaseagreement to establish district residency.Consistent with Plyler, however, the DCLwarns that inquiring into students’ citizen-ship or immigration status (or that of theirparents or guardians) is not permissible,as it is not relevant to establishing actualresidency within the district.
For example, a school district may notbar a student from enrolling in its schoolsbecause the student lacks a birth certificateor has records that indicate a foreign placeof birth, such as a foreign birth certificate.
While the U. S. Department of Educa-tion requires districts to collect and reportdata regarding the race and ethnicity oftheir student population, districts cannotuse the acquired data to discriminateagainst students, nor should a parent’s or
guardian’s refusal to respond to a requestfor this data lead to a denial of his or herchild’s enrollment.
Based upon federal privacy laws, theDCL affirms that a school district may notdeny enrollment if a student (or parent orguardian) chooses not to provide a socialsecurity number.
If a district chooses to request a socialsecurity number, it must inform the indivi-dual that the disclosure is voluntary, pro-vide the statutory or other basis uponwhich it is seeking the number, and ex-plain what uses will be made of it.
Moreover, the guidance prohibits notonly policies that actually bar enrollmentbased on immigration status, but alsothose that “discourage a student who is
undocumented or whose parents are un-documented from enrolling in or attendingschool.”
When collecting and reviewing infor-mation, any request must be uniformlyapplied to all students and not applied in aselective manner to specific groups of stu-dents, nor should a district request infor-mation with the purpose or result of deny-ing access to public schools on the basis ofrace, color, or national origin.
The DCL further suggests that even adocumentation requirement undertakenwithout immigration status in mind may beprohibited if it has the effect of barringstudents on the basis of their immigrationstatus.
Somewhat ominously, the DCL warnsschool districts with respect to demo-graphic shifts in a district’s student enroll-ment: “Precipitous drops in the enrollmentof any group of students in a district orschool may signal that there are barriers totheir attendance that you should furtherinvestigate.”
Thus, in the eyes of the federal govern-ment, disparate outcomes in enrollmentmay be viewed to be indicative of inappro-priate – and perhaps illegal -- barriers,regardless of intent.
So What ShouldSchool Districts Do Now?
School districts should review theirpolicies (and the list of documents used toestablish district residency) and ensure thatany required documents would not unlaw-fully bar or discourage a student who isundocumented or whose parents are un-documented from enrolling in or attendingschool, or would not otherwise have a“chilling effect” on a student’s enrollmentin school.
For example, if a parent can furnishcommonly accepted documents like utilitybills or a lease to establish her residenceaddress, a district should avoid demandingan alternate document that may be sugges-tive of her immigration status, such as adriver’s license (unless it has some legiti-mate, non-immigration related concernabout the authenticity or accuracy of theother documents).
A district should never refuse enroll-ment because the documents it receivessuggest foreign birth or lack of validimmigration status. In addition to a child’sforeign birth certificate, this same prin-ciple would generally apply to a parent’sforeign passport offered as proof of his orher identity, or a decree of a foreign courtoffered as proof of custody.
If foreign-issued documents are other-wise sufficient to demonstrate the factunder question, they generally should beaccepted. Finally, even school districtsfairly certain of the otherwise nondiscrimi-natory effects of their policies may wish toconsider explicit disclaimers in their en-rollment documents making clear thatenrollment does not depend on immigra-tion status.
Attorney Sommaruga is a member ofthe law firm of Pullman & Comley, LLC,which represents numerous school dis-tricts in Connecticut. Attorney Mocciolois an associate with that same firm; he hassignificant experience in immigration lawmatters and wrote about the above subjectfor the firm’s blog, “Education LawNotes.”
“A district should never refuse enrollment becausethe documents it receives suggest foreign birth orlack of valid immigration status.”
Mark J. Sommarugaand Adam S. MoccioloPullman & Comley, LLC
CABE-Meeting is a user-friendlyonline service offered by CABEspecifically for school boards.Users can eliminate unnecessarypaperwork, increase efficiencyand reduce costs while enablingboard members to utilize the latestin cutting edge technology. UsingCABE-Meeting, the MeetingManager can create and electronicmeeting-from developing theagenda to creating the minutes andeverything in between.
When the meeting is ready, theMeeting Manager emails yourboard members and designatedadministrators to let them knowthey can log in. Users can loginfrom the comfort of their homesor work place. With a mouse click,agenda and related docements areopen and ready for viewing. Usingthe search features, administrators
Student dress codes
The Journal – Connecticut Association of Boards of Education/September 2014 7
Vincent A. Mustaro, Senior Staff Associate for Policy Service, CABE
The Policy Corner
For an update or more information on vacancies go toour website: www.cabe.org
For more information contact, CABE Search Services,860-539-7594
Jacqueline V. Jacoby, Senior Search ConsultantMary Broderick, Associate Consultant
Paul Gagliarducci, Associate ConsultantBob King, Associate Consultant
P.O. Box 290252,Wethersfield, CT 06129-0252
www.cabe.org/support
As a new school year begins, it isappropriate to review a reoccurringconcern, namely student dress codes. TheUnited States Supreme Court in the 1969landmark Tinker v. Des Moines Indepen-dent Community School District decisionestablished broad student rights to self-expression through appearance and attire.
Background InformationThe Tinker decision gives students the
right to freedom of speech and expressionwithin the schools. Over time, lowercourt rulings have curtailed those rightswith regard to students’ self-expression inthe form of certain types of attire.
Today, school districts may regulatethe dress of students if the attire is notdesigned to communicate a particularmessage or if the attire interferes withlegitimate educational concerns. How-ever, the First Amendment rights ofstudents within the schools remain acomplex area of the law that continues todevelop.
Courts, in assessing local dress codeswill generally focus on two issues. First,the courts must find that the provisions ofthe code promote legitimate educationalinterests. Such interests include the needto avoid disruption of the educationalprocess, student safety or the maintenanceof the physical plant.
Rules that reasonably relate to sucheducational interests include prohibitionsagainst sexually provocative clothing,
dangerous jewelry, such as multi-fingerrings, or the infamous black-soled shoes(which leave black marks on the floor).
When issues of health, safety and/orpo-tential material disruptions of theeducational environment are the basis fora dis-trict’s dress code, courts appearmore willing to rule in favor of the districtif the dress code is challenged.
A two-pronged test is used in order todetermine whether particular student attirepossesses sufficient communicative ele-ments to implicate First Amendment pro-tections.
Affirmative answers to the followingquestions are necessary to conclude thatthe attire warrants First Amendment pro-tection: (1) Is there an intent to convey aparticularized message, and (2) Is thelikelihood great that the message will beunderstood by the people who view it?
Then, after it has been determined thatthe student’s attire possesses sufficientcommunicative elements to implicate FirstAmendment protections, the school dis-trict may restrict the student’s right towear the attire, as if it were any other typeof speech; if it (a) has caused, or is likelyto cause, a substantial disruption of or amaterial interference with school activi-ties, or (b) has interfered with the schooldistrict’s educational mission.
Student Attire asProtected Speech
Black armbands, addressed in the
Tinker ruling, worn in protest of war areviewed easily by the courts as attire pos-sessing sufficient communicative ele-ments to implicate First Amendmentprotections.
Likewise, clothing supporting a posi-tion on abortion, or a political figure,would also likely be found to be suffi-ciently communicative. However, mostcases are not as clear. Often, courts mustdetermine whether there is truly a mess-age in the clothing choices of students.
Many court cases demonstrate that it isimportant to determine whether there is amessage intended by the student’s attirebefore a school district may prohibit astudent from wearing the attire. Further-more, where articles of clothing orjewelry may have several meanings, it isadvisable to investigate the student’sreasons for wearing the attire beforebanning it.
To curb violence, school districts haveadopted dress codes prohibiting studentsfrom wearing certain types of apparel toschool which have resulted in numerousFirst Amendment challenges. Due to thespecial characteristics and unique natureof the public school environment, theFirst Amendment affords less protectionto students.
However, school officials do not haveunlimited discretion in determining whattypes of expression to prohibit. Forexample, if intended as a means ofpolitical or religious expression, astudent’s choice of clothing is protectedby the First Amendment. Additionally,school officials may not prohibit speechmerely because they dislike the message.
Student’s Attire asSubstantially Disruptive
The school may restrict the student’sright to wear certain attire if the schoolcan demonstrate that the student’s attirehas caused, or is likely to cause, asubstantial disruption of or a materialinterference with school activities.Establishing that a disruption has beencaused, or is likely to result, can bedifficult in certain circumstances.
Rules regulating a student’s appear-ance are generally lawful when they areshown to have an effective relationship tothe education process, rather than beingmerely representative of the stylisticpreference of the school.
Where a student’s attire has causedother students to file complaints, theschool district may use these complaintsas evidence of a disruption. Where nodisruption has occurred, a school districtmay still restrict a student’s ability towear attire where “there are substantialfacts which reasonably support a forecastof likely disruption, [such that] thejudgment of school authorities in denyingpermission and in exercising restraint willnormally be sustained.” This is because inmany circumstances, school authoritiesmay have a duty to prevent the occurrenceof disturbances or respond quickly todisruptions once they occur.
Many court rulings demonstrate that itis important to be able to identify the linkbetween the potential disruption and thestudent’s attire at issue. Without an
obvious connection, a court may not findthe school district’s anticipation ofdisruption reasonable, which will interferewith the district’s defense in a FirstAmendment claim regarding studentattire.
Interference with theEducational Missionof the School
School districts have more latitudewhen banning clothing because it inter-feres with the school’s educational mis-sion. The U.S. Supreme Court has heldthat school boards have the authority todetermine “what manner of speech in theclassroom or in the school is inappropri-ate” and that a “school need not toleratestudent speech that is inconsistent withthe basic educational mission even thoughthe government could not censor similarspeech outside of the school.” Schooldistricts have used this authority to pro-hibit students from wearing attire withlewd, offensive, and vulgar messages inthe schools.
Dress Code PoliciesMost school districts have a dress code
policy to regulate student school attire. Itis advisable to review that policy to verifythat, when applied, it will withstand legalchallenges. When reviewing studentdress code policies, keep the following inmind:
1. Protect Students’ ReligiousExpression. Dress codes must ac-commodate students whose legiti-mate religious beliefs require orencourage certain types of dress oraccessories.
2. Protect Students’ Rights of Ex-pression. Dress codes must notinterfere with students’ rights tomake political or philosophicalstatements about the world, as longas that expression does not cause asubstantial disruption of or a ma-terial interference with school acti-vities, or interfere with the schooldistrict’s educational mission.
3. React to Actual, Not PerceivedThreats. Before banning specificitems of apparel because of gangactivity or other violence, theschool district must have evidenceto support such a ban.
4. Consistent and ReasonableApplication. The school districtmust ensure that there is reason-ableness and consistency in theapplication of a student dress code.A student dress code that is appliedin a manner that holds differentgroups of students to different stan-dards will not be upheld by thecourts.
Dress code policies, #5132, must bemade available to all students and parentswithin the school district. Additionally,the written dress code should encourageparents and students to bring any ques-tions regarding the dress code to schooldistrict administrators. It is recommend-ed that boards of education include adress code policy for students in the dis-trict’s policy manual.
Call CABE for yourrecruiting needs
Search Services
8 The Journal – Connecticut Association of Boards of Education/September 2014
Richard L. Schwab to addressA Portrait of the Teaching Profession in the Era of Reform
at CTCEF’s Annual Conference on September 30
Richard L. Schwab, Dean of theNeag School of Education and Pro-fessor of Educational Leadership at theUniversity of Connecticut, will speakat the Connecticut Consortium of Edu-cation Foundations’ (CTCEF) 15th an-nual conference on Tuesday, Septem-ber 30, from 8:00 a.m. to 2:00 p.m., atthe Crowne Plaza Cromwell Hotel.
Dr. Schwab’s topic will be APortrait of the Teaching Profession inthe Era of Reform. He will share cur-rent research surrounding the teachingprofession and national and interna-tional trends in policy-making thathave targeted raising standards in theteaching profession.
He will conclude with suggestionsfor the role that community-basededucation foundations can play inhelping to enhance the profession inmeaningful ways.
The eight conference workshopswill cover a variety of topics. DiannaRoberge-Wentzell’s topic is Collegeand Career Readiness Across the
Liz StokesPresident, CTCEF
Curriculum. She will discuss the CommonCore State Standards, including the newArts, Social Studies, and Science Stand-ards. Collective impact offers a compell-ing way for communities to address socialissues.
Anthony Allison will discuss howeducation foundations can help to developthe conversation and actions necessary tomove from isolated impact to collectiveimpact.
Fundraising topics include Bid Higher:Donor-Centered Auctions, presented byKathy Kingston, a benefit auction stra-tegist and professional auctioneer, andBob Serow’s Maximizing Your Fund-raising Event by Applying the Principlesof Return on Investment.
Other topics include Legal Check-Up:Bylaws and Other Organizational Matters;
Branding: Positioning Your Foundationfor Maximum Impact; and HelpingPeople Answer the question: Why ShouldI Give?
In What Every Superintendent Needsto Know…About Partnering with their
Local Foundation, Newtown superinten-dent and CTCEF board member JoeErardi will moderate a panel of superin-tendents who will share the optimal work-ing relationship with education founda-tions and the role that each must take inorder to maximize the opportunities forstudents.
CTCEF will present its annual Foun-dation Celebration Award during lunch.Luncheon Discussion Groups will cover avariety of topics.
CTCEF is a statewide non-profitorganization whose mission is to facilitate
the creation, growth, and effectivenessof local education foundations in CT.
CTCEF encourages education foun-ations to share and collaborate witheach other and with other community-based organizations.
Our philosophy is based on theproven principle that communityengagement is a key factor inimproving schools and that localeducation foundations can play a leadrole. CTCEF is the only organizationthat focuses on bringing the 90Connecticut education foundationstogether with local school districts,caring communities, and each other.
Register now for this important con-ference and take advantage of ourEarly Bird Special (four or morepeople from the same organizationregister at the same time with a check,purchase order, or PayPal payment thatmust be received by September 8).
Visit our Web site at www.ctcef.organd click on Events/Annual Con-ference. For more information, contactCTCEF president, Liz Stokes, at 203-227-9323.
“Our philosophy is based on the provenprinciple that community engagement is
a key factor in improving schools and that localeducation foundations can play a lead role.”
The Journal – Connecticut Association of Boards of Education/September 2014 9
School System(h) 203-521-8371(w) 860-807-2182 Jacqueline Kelleher
City RepresentativeBridgeport
(b) 203-365-4472
Richard WareingCity Representative
Hartford(b) 860-695-8000
Polly Rauh CityRepresentaitive
Stamford(h) 203-325-9379(b) 203-325-9379
Charles StangoCity Representative
Waterbury(h) 203-575-0411
Carlos TorreCity Representative
New Haven(h) 203-387-1277(c) 203-668-9940
Becky TyrrellResolutionsPlainville
(h) 860-793-0615
Donald HarrisFederal Relations
Bloomfield(h) 860-243-3611(b) 860-878-1403
Elizabeth BrownState Relations
Waterbury(h) 203-754-7163(c) 203-560-7028
2013- 2014CABE Staff
City Representatives
John PrinsSecretay/Treasurer
Branford (h) 203-481-6279(c) 203-623-6191
Susan KarpArea 2 C0-Director
Glastonbury860-633-5603 (b)
10 The Journal – Connecticut Association of Boards of Education/September 2014
Report to the Membership 2013-2014Mission: To assist local and regional boards of education in providing high quality
education for all Connecticut children through effective leadership.
Over the last year CABE continued itsprogress in helping Boards become moreefficient and effective. This is due to bothto the hard work of our CABE Board ofDirectors and Staff, working to address theneeds of our member boards and thoseequally hard-working member boards whichsupport this relationship.
Our aim is always to continuouslystrengthen these relationships, which trans-lates into more success at the State, regionaland local levels.
We continue to work closely with thewhatwillourchildrenlose Coalition, whichis comprised of CABE, CAPSS, CAS (rep-resenting principals) and CASBO (schoolbusiness officials) as we focus primarily onresource issues for our members.
We also continued to build on initiativesthat have been started over the last fewyears. We continued our work with fiveother organizations including CAPSS, CASand business and reform groups. This “BigSix Partnership” is especially helpful as we
focused on the reform agenda and possiblechanges to it. Our partnership also resultedin more access to legislators and theGovernor’s staff and greater visibility, bothat the Capitol and in the media.
We also continued our partnership withthe State Department of Education, particu-larly with our emphasis on the need forstudent growth, through the LighthouseProject, our work with school governancecouncils and workshops which highlightedeach board’s critical role in increasing stu-dent achievement. As our members beganto implement the new Common Core StateStandards, we published articles on theissues facing districts and spoke about theStandards at a number of forums.
We also worked hard on the Perfor-mance Evaluation Advisory Council(PEAC) as it wrestled with issues of timingof the use of Smarter Balance testing andother concerns around professional educa-tors’ evaluations. We worked hard to en-sure that the concerns of school boards,
Activities we have undertaken to serve you better this past year
Providing opportunities formembers to learn how to
better govern their district.
Board Member AcademyThroughout the past year, CABE has
continued its commitment to be the NUM-BER ONE Connecticut provider schoolboard of professional development, by pro-viding high quality training for local andregional school board members across Con-necticut.
By offering workshops, hot topic work-shops, an annual Convention, area meet-ings, individual workshops, the CABE Jour-nal and other publications, CABE presentsboard members and administrators with manyways to increase their knowledge and skills.
Board MemberAcademy Certification
To encourage board members’ participa-tion in professional development, CABE’sBoard Member Academy provides pointsfor service, leading to two awards: Certifi-cated Board of Education Member (CBEM),which requires 20 credits and Master Boardof Education Member (MBEM), which re-quires 20 additional credits.
The Academy addresses the continuingeducational needs of school board membersby focusing on core areas of board responsi-bilities.
Individual Board Workshops CABE staff continues to regularly meetwith boards of education as they desire toprovide professional development. Staffcontinues to facilitate customized workshopsfrom basic roles and responsibilities, thesuperintendent search process, goal settingand full-day board retreats.
Statewide WorkshopsAttendance at our workshops in 2013-
14 was approximately 745.Workshop topics included: candidate
briefings, new board member, negotiations,legal issues, leadership, policy, and an up-date on what happened at the 2014 Con-necticut General Assembly. Several of theseworkshops were sponsored in part by theState Department of Education.
CABE/CAPSS ConventionThe Convention, Keeping Focus on Stu-
dent Growth in a Time of Rapid Changewas held on November 15 and 16, 2013.
• Attendance at the Convention was609 board members, superintendents,business managers, administrators,education officials and invited guests
• General session speakers includedAnne L. Bryant, Azure Antoinette,Senator Richard Blumenthal, Gov-ernor Dannel Malloy, ConnecticutEducation Commissioner StefanPryor, Gautam Mukunda and DavidNee.
• Workshops included: Legal Implica-tions of the CT State Board of Educa-tion Guidelines: Teacher EvaluationUpdate; Real CT Case Studies inCrisis Communications; PreventiveMental Health in Our Schools; Ad-ministrator Professional Develop-ment in a Time of Teacher Evalua-tion Reform; Increasing StudentAchievement: Growing from an“Underperforming School District”to a “High Performing School Dis-trict”; Harassment and Bullying Com-plaints: Prevention, Response andInvestigation; and Using DigitalLearning Environments to SupportStudent Growth and Success.
• Members of the State Board of Edu-
cation participated in a lively discus-sion with the attendees
• Approximately 56 exhibitors of edu-cation-related goods and services par-ticipated in the exhibit hall.
Leadership InstituteCABE’s Leadership Institute graduated
its ninth class,having now servedover 85 partici-pants. The partici-pants were veryenthusiastic abouttheir experiencesand urged CABEto continue thisprogram, as wellas incorporate op-portunities forgraduates to con-tinue to developtheir leadershipskills. It is jointly
was sent out either through the mail orelectronically or both.
The Journal’s primary audience is schoolboard members, superintendents and districtadministrators throughout the state. TheJournal is also sent to state and federallegislators, other education organizations(local and national) and others who have an
2014 CABE Leadership Institute Graduatessponsored byCABE and theState Department of Education. Participantsmet for five four-hour sessions, including awebinar. Through facilitated discussionand outside presenters, they had theopportunity to discuss in depth a variety ofeducation issues.
PublicationsThe CABE Journal was published eleven
times this year. Last August, the CABECommunications Committee recommendedthat we survey the membership and see ifthey would rather receive the Journalthrough the mail (paper copy) orelectronically via email. We surveyedmembers and they selected which optionthey preferred. The July/August 2013Journal was only sent out electronically toour members and subscribers after that it
interest in keeping up-to-date with educationissues in our state.
The Model Student Parent/GuardianHandbook was revised to reflect currentissues and legislative changes.
This year we published a new book,Understanding the Connecticut Freedom ofInformation Act and Access to PublicMeetings and Records, written by Mark J.Sommaruga, Esq. of Pullman & Comley.We also reprinted and updated the CABEBoard Meeting Guide.
Policy HighlightsTwenty-six issues of the email newsletter,
Policy Highlights, were distributed on anevery-other-week basis to board membersand superintendents, highlighting current
(continued on page 11)
together with superintendents and princi-pals were taken into account.
We were also actively involved with theNational School Boards Association, in-cluding presenting workshops at its AnnualConference, serving on the Council ofSchool Attorneys’ Board of Directors anddeveloping a paper representing all states’executive directors on the Future of SchoolBoards. Connecticut is well-represented inyour national association.
We again urge all board members to beinvolved with the work we do. Don’t waitfor someone else to take the lead—we needevery board members to be involved withschool board’s one statewide association!
Communicationsand Technology
The Association continues to work onimproving communications with our mem-bership.
CABE has a Facebook page. If you have
a Facebook account you can join CABEwww.facebook.com/ConnecticutAssocia-tionBoardsEducation. We also have a Twit-ter account you can follow us@CTAssocBdsofEd.
We are posting national news from theNational School Boards Association(NSBA), photo highlights from workshopsand conferences, Communications Tips,some Journal articles, upcoming meetingannouncements, and much more.
Finance and SupportThe Association ended the fiscal year in
a positive financial situation. CABE hascontinued to ensure its resources are consis-tent with the needs of our members. We want to remind you, if you would liketo use the Rovins Conference Room, pleaselet us know. We don’t charge for use of theroom and it’s a great place for a meeting ora retreat. We want our building to be seen byboard members as your building!
The Journal – Connecticut Association of Boards of Education • September 2014 11
Report to the Membership 2013-2014(continued from page 10)educational topics with policy implications.Throughout, the major focus remained onissues pertaining to student achievement.
Policy Requests and/or SamplesApproximately 600 requests for policy
information and/or sample policies frommember districts were addressed, usuallyon the same day the request was received.The website-based Core Policy Manualcontinues to receive a large number of “hits”for sample policies in addition to the districtmanuals that have been placed on linethrough the CABE Connecticut OnlinePolicy Service (C.O.P.S.). In addition, 27districts were under contract for Custom-ized Policy Services during the year for thereview and development of new districtpolicy manuals or updates to selected por-tions of the manual.
Lighthouse ProjectOur partnership with the Connecticut
State Department of Education (SDE) con-tinues to be highly successful. Funded bya grant from SDE; CABE and SDE personnelhave helped a number of districts improvestudent achievement through more effec-tive board leadership. Lighthouse trainershave been working with a cohort involvingfour other states and ten Connecticut schooldistricts.
Most of the original Lighthouse districtshave completed the foundation work andmay receive follow-up training and facili-tation as necessary. This past year the teamhas worked to streamline the process andwe look forward to serving more boards withLighthouse II - a shorter timeline and fewermeetings while retaining the foundations ofLighthouse training. We anticipate trainingseveral new boards this year.
Ensuring Members Receive theMost Up-to-Date Communi-cations
Board Chair ListservCABE has seen a very successful con-
tinuation of the Board Chair listserv. Thislistserv began in the late spring of 2009 andhas provided board chairs with a new meansof communicating ideas and concerns witheach other and CABE. Topics of discussionand sometimes friendly debate have in-cluded special education and board budgetprocess. We also use it to track budget develop-ments from around the state on an ongoingbasis during budget season and providedistricts with a spreadsheet of budget infor-mation. CABE looks forward to continuingthis excellent means of fostering communi-cations between member board chairs andCABE.
Customized Policy ManualsSix districts entered into contracts for
customized policy manual development. Anew manual was completed for one district.Four additional districts have new manualsclose to completion.
(please see page 12)
Policy Update ServiceOne hundred and three districts sub-
scribed to the Policy Update Service publi-cation. Subscribing districts received fourmailings which reflected current and timelypolicy issues, including the need for newand/or revised policy topics based uponlegislative action or judicial rulings or con-temporary policy issues, especially in theareas of technology, health, student disci-pline and personnel issues. Seventy-fourdistricts also received this publication elec-tronically to facilitate local district usage ofthe sample material.
CABE Policy ReferenceCore Manual
The CABE Policy Reference CoreManual, containing approximately 600 samplepolicies and regulations, was continuouslyrevised throughout the year. Moreover, newpolicy topics were added. It is easily “search-able” and remains accessible for CABE mem-bers on the CABE website in a multi-search-able user-friendly format.
Policy Audit ServiceEight districts had audits completed of
their existing policy manuals. This serviceprovides the district with a report on thestrengths and weaknesses of their existingmanual with recommendations to update themanual. Six of the audit districts then en-gaged CABE to update their manual basedupon the audit findings.
Custom Policy Update ServiceTwenty districts subscribed to the Cus-
tom Policy Update Service. In this service,CABE assumes the responsibility for updat-ing the district’s existing policy manual.Major focus was placed on providing neededpolicies, administrative regulations and in-formation. Some of the topics pertained safetyand security, bullying, technology, studenthealth issues, student-staff relationships,graduation requirements, school calendar,student discipline and various personnelissues.
Connecticut Online Policy Service(C.O.P.S.)
Thirty-six districts subscribed to theConnecticut Online Policy Service(C.O.P.S.). Districts appreciate that theirmanuals are easily accessible and search-able online and are kept current throughCABE.
Promoting Public Education
AwardsCABE Board Recognition Awards
are presented to boards of education whichexhibit the most effective leadership, char-acterized by their ability to work together asa “team.”
CABE Board Leadership AwardLevel One – In 2013, 12 boards of educationreceived the Board Leadership Award fortheir continued work on their leadershipskills. Boards need to fulfill 22 of 34 LevelOne criteria to earn this Award.
CABE Board of Distinction AwardLevel Two – In 2013, 13 boards of educationreceived the Board of Distinction Award.This Award was granted to boards whohave achieved Level One at least twice in theprior four years and meet the eligibility crite-ria.
Student Leadership Awards – TheCABE Student Leadership Awards programcontinues to be very popular, with 374 stu-dents from 96 CABE member school districtsearning the award. This program enableseach high school and middle school in mem-ber districts to nominate a boy and a girl tobe honored for their leadership qualities.
Awards of Excellence for Educa-tional Communications – This yearCABE presented 31 Awards of Excellence inEducational Communications and 56 Hon-orable Mentions. Effective communicationswith parents and taxpayers are extremelyimportant in school district operations.
Affiliate Membership Program —Business Affiliates – CABE invites privatesector companies, institutions and firms withan interest in public education, to becomeour partners and to show their support. Theprogram grew to 28 partners in 2012-2013.Membership consisted of: 1 Diamond, 7Gold, 5 Silver, 9 Bronze Plus and 9 BronzeMembers.
Education Affiliates – This programhelps provide education-related organiza-tions with a closer relationship with CABE.In 2013-2014, we had 12 Education Affiliates.
A current list of Business and EducationAffiliate members can be found on page 3.
Providing Services toMeet Member Needs
Advocacy: Supporting School Boardsat the Legislature, State Board andCongress
CABE’s positions on a broad range oflocal, state and federal issues are adoptedeach year at the Delegate Assembly. TheState Relations Committee then developsCABE’s Legislative Priorities, and boardmembers and staff implement the advocacyagenda. CABE was involved in an unprec-edented number of discussions with legisla-tive leaders and the Governor’s office, andpartnered with numerous other organiza-tions to promote public education. High-lights of CABE’s advocacy efforts were:
• Relentless efforts to maintain currentlevels of education funding, includingmaintaining the student transporta-tion grants;
• Participation in meetings with legisla-tors around the state. Board memberswere able to give legislators factualand anecdotal information on issuesto be debated in the General Assem-bly.
• CABE staff reviewed all pending leg-islation, and monitored, provided tes-timony and lobbied those with an im-pact on education. The focus ofCABE’s legislative efforts centeredon increasing flexibility for school dis-tricts, defeating numerous new man-dates, and working with other organi-zations on issues of mutual interest.
• A successful Day on the Hill program,which included the participation ofmany high school students and schoolbusiness officials.
• The Advocacy Action Center, whichmakes it easier for board members tocommunicate with their legislators and
Students, board members, and administrators marched to the State Capitol in support of public education.
12 The Journal – Connecticut Association of Boards of Education • September 2014
Report to the Membership 2013-2014(continued from page 11)
to access more information on pend-ing legislation. During the Sessionemails were sent out on a regular basisto all members who requested themost current legislative information.
cedure Common Core and teacher evalua-tion. CABE also participates as amicus cu-riae in cases of statewide impact. In the last year, we’ve conducted severalworkshops on teacher evaluation and stu-dent achievement, including CABE’s an-
nual CollectiveBargaining work-shop. The LegalIssues work-shops includedTeacher Evalua-tion, Bullyingand School Cli-mate, freedom ofinformation, reli-gion in the publicschools and theannual Negotia-tions Workshopat the CABE Con-vention. In addition tolegal issues,
of Webinars, visit our website and click onPodcast/webinars from our Education tab.
CABE Email Service – We provide CABEEmail Services as a way for our members toreceive information on areas of interest withno additional membership fee. By providingus with an email address members receive:Advocacy, Policy, Program and Labor Rela-tions Highlights and the weekly (biweeklyduring July and August) e-newsletter, What’sGoing on at CABE.
CABE-Meeting – This program allowsyour central office to create and deliverboard packets in a paperless environment.This program saves districts time and money,and allows board members easier access todata before and during meetings. As ofAugust 15, we have 18 school districts en-rolled in this program. We demonstratedCABE-Meeting to a number of additionaldistricts that inquired about the product buthave not yet made a decision about usingCABE-Meeting.
School Governance CouncilsCABE continues to provide training for
those School Governance Councils that re-quest our support. We view this collabora-tion between local boards of education andCouncils as a way to help transform schools,as well as galvanizing the community oneducation issues. We provided training forSchool Governance Councils in two dis-tricts and are glad to help out when othermembers desire the training for their coun-cils.
CABE Search ServicesAs part of CABE’s ongoing effort to
provide local boards of education with theresources they need to carry out their mostimportant responsibilities, we continue tostrengthen our Search Services program.Jacqueline Jacoby, Senior Search Consult-ant and Associate Consultants PaulGagliarducci, Mary Broderick, and Rob-ert King are uniquely qualified to assistboards in recruiting and retaining key per-sonnel such ass u p e r i n t e n -dents, principalsand other criticalmembers of yourdistrict staff.
CABE SearchServices has per-formed 11 suc-cessful searchesor is conductingsearches for thefollowing Bo-ards of Educa-tion: Preston(Business Man-ager), Newtown(Superintendent
Vision: CABE is passionate about strengthening public educationthrough high-performing, transformative local school
boards/superintendent leadership teams that inspire success for each student.
Unemployment Cost ControlOur Unemployment Cost Control Pro-
gram membership totaled 21 districts in 2012-13. This program, which is administered byCCC, offers consultation, claims processingand full administration of all unemploymentcompensation claims for a district.
Business Travel InsuranceCABE contracts to provide Business
Travel Insurance to all school board mem-bers whose boards are CABE members. Thispolicy provides $25,000 of Accidental Deathcoverage and is free of charge to CABEmembers. Coverage is for any school board membertraveling on school board business, whetherit is local commuting to school board meet-ings, meetings sponsored by CABE, or anystate or national meeting related to being onthe board.
Media Assistance forMember Districts
CABE continues to offer this ervice tomembers who need the services of acomunications experts:
• To improve internal communcationswith political leaders, parents, stu-dents and taxpayers.
• For member boards to get help in timesof crisis communications.
• To learn about timing your messageto rally support for your budget.
• To help member boards get the mes-sage out on the good programs in theirdistrict.
This work, in conjunction with BaldwinMedia, will continue over the next year.
• Participation in and monitoring ofnumerous task forces, including thoseaddressing school security, theachievement gap, the Education CostSharing formula, implementation ofhigh school reform, and teacher andadministrator evaluation.
Federal Relations ProgramOur Federal Relations Committee lobbied
the Connecticut Congressional delegationon several key issues: the reauthorization ofESEA, school safety and security, modify-ing federal special education requirements,and limiting the US Department of Educationauthority and recognizing the respon-sibilities of local school board governance.
Legal Issues Over the last year, CABE’s attorneyshave responded to hundreds of requestsfrom board members and superintendentsasking for individual assistance on legalissues involving student discipline, teachertenure, contract issues, personnel practices,freedom of information, parliamentary pro-cedure, meeting procedures, grievances,referenda, special education and other is-sues. Other legal services to school districtsincluded: workshops for board members andother organizations on such issues as refer-enda, freedom of information, collectivebargaining, student discipline, board rolesand responsibilities and parliamentary pro-
CABE has alsobeen collectingand distributinginformation ondistrict budgetseach season. Thispast season marksthe 4rd year CABEhas been collect-
ing data and sharing districts’ budget infor-mation on our Board Chair Listerv. Negotiations and Labor Issues CABE redesigned its surveys for collec-tion of the salary and benefit information ofsuperintendents, administrators, teachers,paraprofessionals, and custodians. CABEhas now started the redesign of its databasefile system to enhance the organization ofthe data and promote efficiency. The reportformats are designed to be more user-friendly. Many individual data reports werealso provided upon request to assist indi-vidual boards with their negotiations. Dataand surveys are also available online tomembers at the CABE website.
CABE e-ServicesCABE Website — (www.cabe.org) – The
CABE website, “powered” by finalsite keepsboard of education members and the generalpublic up-to-date about various servicesand information provided by the Associa-tion. Through our website, members haveaccess to: policies and regulations from theCABE Core Policy Manual; The CABE Jour-nal; superintendent/administrator data; aNCLB Resource Page; and much more.
Webinars – CABE has continued usingwebinars to provide timely information tomore people. Some of these are presentedlive and others are recorded and placed onthe CABE website for review at our membersconvenience. To see our growing selection
Donald Harris (Bloomfield) receives media training from Ann Baldwin,Baldwin Media Marketing.
Attention Board Members
All members of a board of educationare invited to attend ALL CABE
workshops, and advocacy efforts!
It’s important for ALL board membersto take advantage of theprofessional development
opportunities that we offer.It is equally important for boardmembers to get involved in our
advocacy effort to show a unified frontat the state and national levels.
and Principal),Columbia (Su-
The Journal – Connecticut Association of Boards of Education • September 2014 13
14 The Journal – Connecticut Association of Boards of Education • September 2014
2014 CABE Summer Leadership Conferencesponsored in part by a grant from the Connecticut State Department of Education
CABELeadership
Institute AlumniLuncheon
Alumni of the CABELeadership Insititute metat the Annual Luncheonbefore the LeadershipConference. In a discus-sion facilitated by MaryBroderick, they identifiedleadership challenges andbrainstormed strategies toaddress the challenges.
CABELeadershipConference
CABE Executive DirectorRobert Rader welcomedeveryone to theLeadership Conferenceand served as emcee.
Mary Borderick, Past President of CABE and NSBAfacilitated a discussion on the elements of boardleadership. Participants discussed what isworking and the keys to working as an effectiveteam.
Kate Carter, Superintendent,South Windsor Public Schools,talked about the importance ofensuring that the district goalsare reflected in the budget.
Richard Carmelich, Director ofFinance and Operations, Region 7Public Schools, talked aboutboard members role in the budgetprocess.
Discussing how theboard leads thedistrict andcommunity in a timeof great changewere: l. to r.,Donald Harris,Chair, BloomfieldBoard of Education;Manny Rivera,Superintendent,Norwalk PublicSchools; and NancyVaughan, School/CommunityRelations coordina-tor, Waterbury.
Rounding out theday with anetworkingdinner on thepatio of theSaybrook PointInn allowedparticipants onemore opportunityto discuss the dayand talk withfellow boardmembers.
(continued from page 1)Connecticut Supreme Court affirmed thatthe State constitution provides afundamental right to “substantially equaleducational opportunity” for all schoolchildren and that the reliance on localproperty taxes to fund education withoutregard to wealth disparities, was aviolation of the constitution.
The Sheff v. O’Neill (1989) decisionfurther affirmed the precept of equaleducation opportunity. Thus the 2010CCCJEF education adequacy ruling addedto long-established foundations of equity.
Adequacy StandardsIn a 4-3 decision for the plaintiffs, the
Supreme Court remanded the case back tothe Hartford Superior Court for trial on themerits of plaintiffs’ adequacy and equityclaims. Key elements of the pluralitydecision are described in the followingparagraphs.
Citing economic and sociologicalpublic policy considerations, the Courtnoted that “education has a fundamentalrole in maintaining the fabric of oursociety.” The Court reaffirmed its Horton Idecision, that “the fundamental right to aneducation is not an empty linguisticshell.”
That right must meet moderneducational standards, standards that are
dynamic and dependent on “demands ofan evolving world.”
The Supreme Court specified that asuitable education is one that preparesschool children to . . .
• “participate fully in democraticinstitutions, such as jury serviceand voting.”
• “progress to institutions of highereducation.”
• “attain productive employment.”• “contribute to the State’s economy”Drawing on standards articulated in the
Campaign for Fiscal Equity v. State ofNew York (2006) and other state courtdecisions, the Connecticut Supreme Courtcalled for . . .
• “minimally adequate physicalfacilities and classrooms whichprovide enough light, space, heat,and air to permit children to learn”
• “minimally adequateinstrumentalities of learning such asdesks, chairs, pencils, andreasonable current textbooks”
• “minimally adequate teaching ofreasonably up-to-date basiccurricula such as reading, writing,mathematics, science, and socialstudies”
• “sufficient personnel adequatelytrained to teach those subjectareas”
CCJEF v. Rell
The Journal – Connecticut Association of Boards of Education • September 2014 15
The Media Messagefrom Ann Baldwin, Baldwin Media Marketing, LLC
CABE and Baldwin Media: Partners in Managing Communications
Connecticut Public Schools -Offering Service With a Smile
Pasi SahlbergConvention Fridaymorning speaker
In advance of the start of the newschool year, I was recently invited by aConnecticut Public School system toprovide professional developmenttraining for their front office and secre-tarial staff. The theme was, “SchoolsOffering Service with a Smile.”
As we all know, it is often the officestaff and the secretaries who are on thefront line when it comes to dealing withparents, students and the general public.Therefore these individuals should not beoverlooked when it comes to professionaldevelopment and how they can positivelyimpact the image of your district.
With more and more competitionbrought on by school choice, good“customer service” needs to be ad-dressed. While this was a very compre-hensive, two-hour training session, theseare some of the topics that we covered:
· Eye contact andhelloIt often is that simple.Should a parent walkinto the office, theyare there for a reasonand deserve to havesomeone look atthem and say hello.A warm greeting cango a long way. It hasbeen proven that thedegree to which aschool is welcominginfluences the extentto which parentsbecome involved.
· Let visitors know what to expectPerhaps one may be in the middle ofsomething else when a visitor walks in,but to briefly stand, introduce yourselfand let them know they are importantand that you will be right with themcan go a long way in reducing theanxiety of someone pacing around thefront desk, or sitting in a chair.
· Keep a check on the environmentMaking schools more welcoming canbe as simple as taking a second look atan environment that you may see everyday from a different perspective.
While schools are more cautious aboutvisitors now, they can still be welcom-ing without compromising security.Front offices are the nerve center for alot of activity and during certain times
of the day can get very hectic. It is upto office staff to make sure that thechaos doesn’t get out of hand and if itdoes, to slow it down. An angryparent is on the phone, other lines areringing, kids are looking for a hall pass,and a parent has shown up to bringtheir child back to school from adentist appointment.
What that parent sees, hears andbelieve it or not smells, has a hugeimpact on them and their impression oftheir kid’s school.Whatever the approach to “Service
with a Smile”, good customer service is ineveryone’s best interest: teachers,administrators, and office staff!
Everyone is the face of the school andremember the saying; “First impressionshave a lasting impact.”
Ann BaldwinPresident, Baldwin Media Marketing
State Board ofEducation Action
Sheila McKaySr. Staff Assoc. for Government Relations, CABE
Board members had a presentation bythe Achievement Gap Task Force and thediscussion afterwards focused on chronicabsenteeism, teacher absenteeism, andmental health. The complexity of the issuewas also mentioned as a detriment in mov-ing forward.
Miguel Cardona, chair of the taskforce and on performance and evaluationspecialist in the Meriden school systemand Steve Hernandez, on staff at theCommission on Children both mentionedin their presentation the multiple lensesthat the issues are being looked through.
The report’s table of contents breaksthe subject down by outside the school-house, inside the schoolhouse, insidehigher education and inside state govern-ment.
In terms of inside the schoolhouse, theissue is broken down as:
• Principal and Teacher Hiring andRetention for Schools that Demon-strate Persistent Gaps
• English Language Learners• Use of Curriculum in Closing
Achievement Gaps in Low Perform-ing Schools
• Role of Time in Closing Achieve-ment Gap
• Creativity and Innovation and theAchievement Gap Synopsis
• Chronic Absence• Reading• School Climate and the Achieve-
ment Gap• Narrow the High-End Opportunity
Gap-Find the Missing AdvancedPlacement Students
There were numerous board members(please see STATE page 17)
(continued from page 1)America, Africa and Asia-Pacific region tohelp them in improving education policiesand implementing system-wide educationreforms.
In his current job as a visiting Profes-sor of Practice at Harvard University’sGraduate School of Education in Cam-bridge, MA Dr. Sahlberg works withgraduate and doctoral students to betterunderstand educational change and howeducation policies and reforms canimprove and also harm school systems,teachers and students in schools.
Dr. Sahlberg his an active figure inpromoting educational changes in Finlandand beyond. He has published severalbooks, such as Cooperative LearningHandbook (with Shlomo Sharan in 2002)and Small Group Learning in Mathematics(with John Berry in 2003) and more thanone hundred articles in journals, researchperiodicals and magazines around theworld.
His book “Finnish Lessons: What canthe world learn from educational changein Finland?” (2011) won the 2013 Grawe-meyer Award and he received the 2012Education Award in Finland and the 2011Upton Sinclair Award in the United States.In 2013 he received First Class Knight ofthe White Rose of Finland from thePresident.
Dr. Sahlberg will be signing “FinnishLessons: What can the world learn fromeducational change in Finland” immedi-ately following the Friday morningGeneral Session.
16 The Journal – Connecticut Association of Boards of Education • September 2014
The Legal Issues CornerKelly B. Moyher, Senior Staff Attorney, CABE
Board of LaborRelations rules
A bargaining committee that fails tosupport and to vote for a tentative collec-tive bargaining contract can fail to bargainin good faith, pursuant to ConnecticutGeneral Statutes §7-470(a)(4).
At a roll call vote, one of the nine mem-bers of the Bristol Board of Education,Commissioner Larry Amara, who appar-ently was a member of the negotiatingcommittee, voted against a tentative con-tract that the board had reached with theunion to subcontract out cafeteria work.
A tentative contract was not approved.Previously, the parties tentatively hadagreed that “The Board shall have theright to subcontract or outsource foodservice operations if and when it deems itto be in the best interest of the BristolPublic Schools.”
The union filed a complaint and allegedthat although both parties signed a writ-ten document that indicated tentativemeeting of the minds, Amara then ex-press-ed opposition to and voted againstratification.
The union maintained that the board ofeducation violated the Municipal Em-ployee Relations Act, because it failed toratify the tentative collective bargainingcontract.
Absent ground rules to the contrary,individual members of a negotiating com-mittee can express opposition to a tenta-tive collective bargaining contract duringthe ratification process.
The Board of Labor Relations con-cluded that the board of education’sbargaining committee possessed a statu-tory obligation to recommend the ap-proval of the tentative collective bargain-ing contract, pursuant to the parties’ground rules.
Although Amara was allowed to pub-licly express opposition to the tentative
contract, he was not permitted to vote,“No.” The board of education violatedthe Municipal Employee Relations Act,because Amara voted against approval,the tentative contract was not approvedand the ground rules required that Amara,as a member of the negotiating committee,vote to approve.
“We find,” wrote the Board of LaborRelations, “that the School Board failed tohonor its statutory obligation to bargainin good faith.”
Connecticut Law Tribune, 8/4/14
Federal district courtrules on First and Four-teenth Amendment suits
A federal district court for the EasternDistrict of New York has ruled that NewYork state’s compulsory inoculation law,similar to that in Connecticut, did not vio-late the students’ First Amendment freeexercise of religion rights or their Four-teenth Amendment substantive due pro-cess or equal protection rights when theirschool excluded them from attendanceeach time a schoolmate reported a case ofa “vaccine preventable disease”.
The district court concluded that pre-cedent from the U.S. Court of Appeals forthe Second Circuit, which has jurisdictionover New York, Connecticut and Vermont,holds that the U.S. Constitution does notprovide a constitutional right to religiousobjectors to be exempt from New York’scompulsory inoculation law.
The district court also found that caseprecedent defeated the students’ sub-stantive due process claims, because thestate’s vaccination program is well withinthe state’s police power.
Finally, the court dismissed the stu-dents’ equal protection claim because thestudents had failed to present any evi-
dence that the Defendants favored onereligion over another or that the studentsare members of a protected class.
Two of the families who had receivedreligious exemptions challenged the vary-ing degrees of exclusion of their childrenfrom school, claiming that it amounted toa violation of their First Amendment rightto free exercise of religion and theirFourteenth Amendment right to substan-tive due process and equal protection,among other state claims.
Their children had been barred fromattending school, on the basis of NewYork City (NYC) and New York City De-part of Education (NYCDE) policy, whenother students were reported to have avaccine-preventable disease.
The third family raised somewhatdifferent grounds, saying that the city hadimproperly revoked her child’s religiousexemption. She said the city rejected herreligious exemption after it had previouslydenied her student a medical exemption.
The defendants, NYC and NYCDE,filed motions for summary judgment or, inthe alternative, dismissal of the families’causes of action.
The district court granted the defen-dants’ motions to dismiss all claims. Inregard to the First Amendment free ex-ercise claim, it upheld NYC/NYCDE’spolicy of excluding unvaccinated stu-dents exempted from the state’s compul-sory inoculation law when a schoolmate
reports a “vaccination preventabledisease.”
The district court, relying on the U.S.Supreme Court’s decision in Jacobsonv. Commonwealth of Mass., 197 U.S. 11(1905) “that strongly suggested that re-ligious objectors are not constitutionallyexempt from vaccinations, and the SecondCircuit’s holding in Caviezel v. GreatNeck Public Schools, 500 F. App’x 16 (2dCir. 2012),133 S. Ct. 1997 (U.S. 2013) that“the free exercise clause of the FirstAmendment does not provide a right forreligious objectors to be exempt from NewYork’s compulsory inoculation law,”concluded, as had Northport-EastNorthport Union Free School District,672 F. Supp. 81 (E.D.N.Y. 1987) , that “noconstitutional right to religious exemp-tions exists” and “… the statutory exemp-tion New York provides, goes beyondwhat the Supreme Court has declared theFirst Amendment to require.”
Turning to the substantive due pro-cess claim, the district court stated theSecond Circuit in Caviezel found thatJacobson “flatly defeats any suchclaims.”
It disposed of the equal protectionclaim, finding that the families had pre-sented no evidence showing that NYC orNYCDE favored any religion over another,or that the students are part of any pro-tected class.
NSBA Legal Clips, 7/17/14
CABE President Richard Murray (Killingly); Patrice A. McCarthy, Deputy Director andGeneral Counsel, CABE; Senator Christopher Murphy; and Sheila McKay, Senior StaffAssociate for Government Relations, CABE, met to discuss civic engagement and studentinternet use policies.
Advocacy at work
The Journal – Connecticut Association of Boards of Education • September 2014 17
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 and a half. Wedid this:➤By helping school boards toincrease student achievement:• Discussed superintendent evaluation
and goal setting with the MansfieldBoard.
• Provided Lighthouse training for theShelton Board.
➤By providing opportunities formembers to learn how to bettergovern their districts:
• Facilitated a retreat with WoodbridgeBoard on roles and responsibilities andgoals.
• Presented new board member trainingwith the New Haven Board.
• Facilitated board evaluation workshopwith the East Hampton Board.
• Planned and implemented successful 4th
Annual CABE Summer LeadershipConference.
• Planned and implemented successfulannual meeting for CABE-MeetingMeeting Managers.
➤By promoting public education:• Staffed CABE Resolutions and Govern-
ment Relations Committee Meetings.• Answered questions about the current
legal issues facing boards of educa-tion. “HOT” topics this month were:School security, surveillance cameras,timely posting of meeting agenda, com-mittee meeting minutes, and recordsretention.
➤ By ensuring members receive themost up-to-date communications:• Participated in CSAE webinar on
Google Apps Management.
➤By providing services to meetmembers needs:• Met with the Redding Board to discuss
school consolidation.• Facilitated school consolidation
process for the Milford Board.• Assisted on retreat planning for the
Windsor Board.
➤By representing Connecticut schoolboards on the state and nationallevel:
• Attended 2014 National School BoardsAssociation (NSBA) Summer Institutefor State School Boards Associationsand presented a white paper on theFuture of Boards of Education, devel-oped by executive directors. It was sentunanimously to the NSBA Board ofDirectors for its review. It also will beused for training in a number of states,including Connecticut.
• Participated in meeting of the Board ofthe Executive Directors’ Liaison Com-mittee, which represents the executivedirectors nationwide.
• Met with a representative of the SallieMae Foundation on work we are doingto help Boards increase studentachievement and growth.
• Participated in several conference callson issues of importance to Boards.
• Met with Anti-Defamation League re-presentatives on issues of mutualinterest.
• Met with Department of AdministrativeServices staff to discuss school con-struction.
• Met with Program Review and Investi-gation Committee staff to discuss para-professionals.
• Attended special State Board of Educa-tion meeting.
• Attended PreK-2 meeting.• Participated in NSBA Council of
School Attorneys Officers and StateAssociation Counsel conference calls.
• Met with State Department of Educa-tion staff to discuss Charter Schools.
• Attended meeting on Children’s Behav-ioral Health Plan.
• Attended retirement event for New YorkSchool Boards Association DeputyDirector.
One of the most important aspects tounderstand about operating as a profes-sional governance board is that it func-tions as a collective body. In fact, it onlyfunctions as a collective body, and indivi-dual board members do not possess auto-nomous authority unless authorized bythe board.
Given that a board of education canonly act collectively, it is of paramountimportance that boards learn to think col-lectively. The advantage, and the chal-lenge, of having seven or nine or elevenunique, intelligent individuals serving ona governance board is that a properlyfunctioning board has the potential to bemore insightful and more intelligent thanany individual member of that board.
Unfortunately, and far too often, gov-ernance boards function with a collectiveintelligence that is less than it can be.
There are numerous steps that a boardof education can take to foster a sense ofcollective identity and operate with a col-lective intelligence. Board retreats, pro-fessional development, joint readings, areall techniques that boards can use to helpcreate a collective mindset. But in orderto truly encourage, create and sustain afunctioning collective board intelligence,let me suggest that a board start withwhere the work of the board takes place,at its scheduled meetings.
Learning to develop a board’s collective intelligence
The Professional Governance BoardGary Brochu, Chair, Berlin Board of Education
(continued from page15)who mentioned working on the issue insmall meaningful ways in order to makesome progress. Hernandez mentioned theopportunity to work in partnership withthe Aspen Institute and the SchottFoundation to broadly implement change.
To further the State Board’s efforts inraising reading proficiency, the K-3Universal Screening Reading assessmentswere approved by the board. Legislativeaction required the replacement of theDRA2, the Developmental ReadingAssessment.
The presentation by Ellen Cohn fromthe department, was detailed in the manytypes of assessments from recognizingletters, comprehending sentences andcomputer based assessments.
Cohn emphasized the need for not onlythe mechanics of learning to read but thecomprehension skills necessary. Many ofthe assessments, she went on to say,were early indicators for teachers andparents, and necessary to help get theright reading interventions to the particu-lar student.
It is important, says Cohn, to be able tobe on grade level by grade 3 because afterthat is exponentially harder to catch up.
Using scientifically based researchinterventions can, week by week, increasethe number of words per minute a studentcan recognize.
State Boardof Education actions
As a collective body, a board of edu-cation’s decision-making process general-ly takes place at a public meeting. A pre-sentation is given, a proposal is advanc-ed, a motion made.
At this point discussion among boardmembers takes place before a vote istaken. This discussion often serves toframe and shape a board’s final action.And the quality of this dis-cussiondirectly and dramatically influences thequality of a board’s collective decision.
The issue that every governing boardneeds to address concerns the nature ofits discussions. Will this discussion be inthe form of debate, where each participantpresents arguments as to why his viewshould prevail; or will it be in the form ofdialogue, where participants engage in ashared conversation in an effort toachieve a deeper and richer understand-ing of an issue?
The word dialogue comes from theGreek dialogos, which combines thewords “dia”, meaning “through,” and theword “logos”, defined as “word” or“meaning.” Thus dialogue is meaningpassing or moving through each of thediscussion’s participants; with the partici-pants seeking a deeper meaning or under-standing of a subject, as opposed toworking to convince the other partici-pants that she is right and they, alterna-
tively, are wrong.If the portion of a board’s meeting that
is dedicated to discussion, or dialogue,among members is to function with a highlevel of collective intelligence, collectivelyseeking to discover the best possiblesolutions, then board members need to beopen to the views, experience andintelligence of other members. Open to thepossibility that another member mighthave a better idea or approach, and opento the concept that collectively theboard’s intelligence can transcend theintelligence of any individual member. Butcollective board intelligence is onlypossible if individuals are willing tosuspend their assumptions, are willing tohold their own ideas open for scrutiny,and equally willing to consider andscrutinize the ideas of others.
To function collectively at a high levelintelligence, board members need to seeand treat each other as colleagues in ashared quest for deeper insight andunderstanding. Instead of seeing othermembers as adversaries, view them ascolleagues with different, and potentiallyuseful, ideas. Rather than seeking tosubtract or minimize their views andcontributions, seek instead to add andcombine their insights with your own.
In order to facilitate this process,boards of education should look to estab-
lish expectations and guidelines for dis-cussion at board meetings. Encouragemembers to approach meetings as a placeto explore ideas and solutions in an in-telligent manner, as opposed to the morecommon and expected contest for control.
As an example of these guidelines, theBerlin Board of Education member hand-book sets forth in writing the Board’sexpectation of its members for discussionat meetings. It reads, in part,
“during discussion Boardmembers will listen attentively,consider all points of view, supporttheir positions with facts whenpossible, be prepared to answerquestions from other Board mem-bers, focus on the issue at hand,avoid negative and personal com-ments, and be prepared to compro-mise, understanding that the goalof debate among Board members isnot to prevail but to arrive at thebest possible decision for the schooldistrict.”
Operating in this manner does notguarantee that a governance board willmake good decisions, be united in itsdecisions or function with a high degreeof intelligence. No procedural change canguarantee that. But designing your boardmeetings to facilitate and encourage acollective approach to seeking the bestsolutions is an excellent first step tohaving a board that is more, not less,intelligent than its individual members.
18 The Journal – Connecticut Association of Boards of Education • September 2014
I have written several times in theCABE Journal about my experiences inSouth Africa. My last was an articleabout the death of Nelson Mandela, therevolutionary who came out of decades ofincarceration on Robben Island to lead anapartheid country to democracy and to atype of humane future that few foresawwhen he was finally released.
My final thought in that editorial(Mandela’s Life Holds Important Lessonson Education, January, 2014) was that, formost people, creating a legacy likeMandela did, is rarely within reach. But,even accomplishing a piece of such alegacy, whether through our daily lives,our service to others or our willingness tolive up to our dreams, we can help makethis a better world for those who comeafter us.
That legacy is still so strong that whileI was in South Africa as a tourist in July,there was a celebration of his birthday,Mandela Day. But, listen to this: ratherthan the big sales or skiing days we haveto “honor” our revered presidentsWashington and Lincoln around theirbirthdays, everyone in South Africa onthat day is asked to contribute 67 minutesdoing something for their communities orthe nation. Why 67? Because Mandelaspent that many years working for theemancipation of South Africa.
Today, he remains just as revered aswhen alive—both for people of color andwhites. It was as if Washington (Libera-tor of the Nation) and Lincoln (Liberatorof the Slaves) had only died last year andtheir peers still walked among us.
But, beyond the Mandela legacy,where is South Africa at this point?
For me, as a tourist who has been backapproximately five times since my initialtrip in 1980 to marry my wife Meganbefore her South African family, much haschanged. Mostly for the better…
But South Africa still struggles.It has moved forward since the days of
aparthied with better housing, moreoppor-tunity for minorities and aneconomy that continues to grow. Cer-tainly, the majority population has donemcuh better.
Corruption and crime seem to be every-where and people live behind fences top-ped with barbed wire. I heard familiarcomplaints about red tape and the diffi-culty of the regulatory environment.
The nation continues to endure stri-dent and violent union strikes, with ap-parent tacit support of the African Nation-al Congress, the ruling party ever sinceMandela was in power. There remain seg-ments of the population that are dissatis-fied with the progress already made andwho call for radical solutions such asnationalization of all industry.
This reminded me of 1900-1930s in theUS – destruction of property, beating ofnonunion employees and intimidation ofother employees. Massing at the gates offactories, with sticks and other weaponsand then breaking in, seems accepted.
Construction EverywhereOne thing I noticed is that there is
construction everywhere – roads, malls,houses. The large national roads are in
good shape, but,other aspects ofinfrastructure, suchas electricity are notas modern.
There is still veryhigh unemployment.It is estimated at 25-35% and higher forsome segments ofthe population.
Impressions of South Africa
years ago, we had the chance to visit twoschools in the suburbs of Johannesburg.In a private school, the children had easyaccess to computers, the rooms had allthe supplies the teachers needed andthere was a feeling of optimism amongthose we talked to.
The public schools are dependent onfederal funding, which just covers thebasics. There was no music, art orathletics in the school we visited, becausethese are paid for by the community. Theschool was 100 percent black, and thoughthere were caring administrators, therewere no supplies in the laboratories andlittle else that we would take for granted inour country.
Education continues to get greatattention from leaders of the nation.There is an understanding of its impor-tance and discussion of how to best usetechnology, integrate it into classroomsand help teachers.
According to Basic Education DeputyMinister Enver Surty, the country musthelp teachers “develop the professionalskills to teach learners in a differentparadigm because I think the pedagogicalskills education has today would differsignificantly from… those of the past.”Certainly comments like that could verywell come from any of our education orgovernment leaders today.
I am always sad to leave South Africanot only because I have close family andfriends there, but because it is a physi-cally beautiful, fascinating and “moving”place.
After all these years, there are stillgame parks, natural wonders and histori-cal sites we haven’t visited. There is somuch to do and see!
A Final ThoughtAs I left this time, thinking about the
future for the country and even for mySouth African family, I hoped for stabletimes and a continuing march to democ-racy, equality and prosperity.
I thought of the beginnings of our ownnation, where, on the final day of theSecond Constitutional Convention,Benjamin Franklin was asked by a groupof citizens what kind of government thatwe would have. His reply, “a republic, ifyou can keep it.”
My hope is that the Republic of SouthAfrica can keep and strengthen its form ofdemocratic government and continues theprogress it has made since Madiba wasreleased from prison and a new “rainbow”constitution and government wereformed.
Robert Rader, Executive Director, CABE
Capetown from Table Mountain
Book ReviewLeaders of Their Own Learning:
Transforming Schools Through Student-Engaged Assessmentby Ron Berger
Leaders of Their Own Learning byRon Berger provides tools to developstudent-engaged assessment practiceswhich include case studies, protocols andvideos to support educator implementa-tion of these practices in their classrooms.
Through a series of case studies, theauthor illustrates how student-engagedassessments develop student ownershipof learning. One of the case studiesdescribes the process used to preparestudents to make successful presenta-tions.
Karen MacDonald, language arts andsocial studies teacher at King MiddleSchool in Portland, Maine – Maine’s 2014Teacher of the Year (and my collegefriend) and her colleagues create anatmosphere where students feel safe,supported in taking risks, and prepared toparticipate in a presentation of their work.
When students are engaged in assess-ing their growth in learning, they gain adeeper sense of their progress, becomemore independent learners, set academicgoals and monitor progress, identify
strength and weaknesses, and becomeself-advocates.
The author views the skills embeddedin student-engaged assessment, includingreflection and self-assessment, use offeedback, goal setting, revision andpresentation, as integral to meeting therigorous demands of the Common CoreState Standards.
The book outlines eight practices toengage students in making academicprogress, which include:
• Development of learning targets,which are written for and owned bystudents, and begin with the stem “Ican…”
• Checking for understanding duringdaily lessons, which embedsassessment into instructionalpractices.
• Using data with students, whichhelps students learn to use theirclasswork and interim assessmentsto help them analyze their strengths,weaknesses, and ways to improvetheir work.
• Models, critique, and descriptivefeedback, which provide studentswith good examples of quality work.
• Student led conferences, whichgives students a leadership role incommunicating their progress totheir families.
• Celebrations of learning, which havestudent exhibitions of high qualitywork in a culminating grade levelevent.
• Passage presentations withportfolios, which require students todocument and communicateevidence of their learning.
• Standards based grading in whichgrades are determined throughevidence based assessments of thestudent learning targets.
These practices would serve tosupport the efforts in Connecticut tomove to a personalized learning system.
Patrice A. McCarthy,Deputy Director and General Counsel, CABE
There are beggarson the streets and others trying to eke outa liv-ing selling sunglasses and fruit atstreet corners, in the middle of traffic.
Overall, I had a feeling of a nation onthe rise. While not the biggest economyin Africa (Nigeria is first), the nation’sresources, its expertise and skills, togetherwith its ready availability of labor lookingfor a better life, provides an expectation ofbetter things ahead. Lives are better formost South Africans than they were.
There remains a real tug over issueslike affirmative action. My friend whoworks in a bank, said that she had beentold that no more whites can be hired.However, people of color getting moreskilled jobs will help the nation becomemore equal over time.
But, in some cases, there are losers, aswell as winners. As in the U.S., some-times well-intentioned laws or regulationsgo overboard.
Education IssuesEducation remains a center of attention
and a great need. While I was there a few
20 The Journal – Connecticut Association of Boards of Education • September 2014
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