CABE Journal - October 2012

12
Connecticut Association of Boards of Education Inc. 81 Wolcott Hill Road Wethersfield, CT 06109-1242 Periodical Postage PAID Hartford, CT Vol. 16, No. 9 October 2012 w w w . c a b e . o r g INSIDE THIS EDITION Lisa Steimer, Senior Staff Associate for Professional Development, CABE See SECCOMBE page 2 See BARRECA page 6 CABE/CAPSS Convention Friday evening speaker Gina Barreca See NOGUERA page 9 Always on, always available ................ 3 Legislation impacts special ed ............. 4 See You in Court .................................. 5 CABE new Facebook page .................. 6 CABE: working for YOU ...................... 8 Legal Briefs .......................................... 9 Educator Prep. Advisory Council ....... 10 Board Recognition Awards ................. 11 Broderick - Bammy Award ................... 11 STRATFORD FALL SPORTS The CABE/CAPSS Convention Com- mittee is pleased to announce that Univer- sity of Connecticut professor, author and humorist Gina Barreca will be our Friday evening General Session speaker. Gina Barreca is most recently the editor of Make Mine A Double: Why Women Like Us Like To Drink (or Not) published by the University Press of New England in 2011 and author of It’s Not That I’m Bitter: How I Learned to Stop Worrying About Visible Panty Lines and Conquered the World (St. Martin’s, 2009). She has appeared on 20/20, The Today Show, CNN, the BBC, NPR, Oprah, and Dr. Phil, to discuss gender, power, politics, and humor. Her earlier books include the best- selling They Used to Call Me Snow White But I Drifted: Women’s Strategic Use of Humor (which is being reissued in a “classic” edition by UPNE in 2013) and Babes in Boyland: A Personal History of Coeducation in the Ivy Lea- gue; her books have been translated into several languages, including Chinese, Spanish, Japanese, and German. Dr. Barreca, whose columns from the Hartford Courant are distributed world- wide by the McClatchy-Tribune Syndi- cate, is Professor of English and Feminist Theory at the University of Connecticut. Her B.A. is from Dartmouth College, where she was one of the first classes of women, her M.A. is from an all-women’s college at Cambridge University, and her Ph.D. is from the City University of New CABE/CAPSS Convention Sat. morning speaker Pedro Noguera Lisa Steimer, Senior Staff Associate for Professional Development, CABE The CABE/ CAPSS Conven- tion Committee is pleased to an- nounce that Pedro Noguera will be the Satur- day morning General Session speaker. A dynamic speaker, Pedro Noguera is one of America’s most important voices for healthy public education, focusing on the ways in which schools are influenced by social and economic conditions in urban settings. He’s an expert on school reform, diversity, and the achievement gap — and he translates social theory into concise, direct language with emotional impact and intellectual rigor. Dr. Noguera is the Peter L. Agnew Professor of Education at New York University. Noguera is an urban sociolo- gist whose scholarship and research focuses on the ways in which schools are influenced by social and economic conditions in the urban environment. He holds faculty appointments in the departments of Teaching and Learning Robert Rader, Executive Director, CABE Patrice A. McCarthy, Deputy Director and General Counsel, CABE Ginny Seccombe to receive Friend of Public Education award The CABE Board of Directors selected Dr. Virginia Seccombe, recently retired executive director of LEARN, southeast Connecticut’s regional educational service center (RESC), as this year’s Friend of Public Education Award recipient. Ginny has served as the liaison for the RESCs to CABE and has been hugely helpful, not only in attending meetings, but also making CABE an active partici- pant with LEARN and individual districts. She has made numerous recommenda- tions, even at this year’s Board retreat and often offered herself and LEARN staff to help CABE. For example, she has led LEARN and EASTCONN in providing technological services to the CABE/ CAPSS Convention. Ginny has been LEARN’s Executive Director since 1989. She has served as President of the Association of Educa- tional Service Agencies (AESA), the national RESC organization and was a member of the AESA Council. She has chaired the AESA national conference, has presented at AESA con-

description

Volume 16, Number 9

Transcript of CABE Journal - October 2012

Page 1: CABE Journal - October 2012

Connecticut Associationof Boards of Education Inc.81 Wolcott Hill RoadWethersfield, CT 06109-1242

PeriodicalPostage

PAIDHartford, CT

Vol. 16, No. 9 October 2012

w w w . c a b e . o r g

INSIDE THIS EDITION

Lisa Steimer, Senior Staff Associate forProfessional Development, CABE

See SECCOMBE page 2

See BARRECA page 6

CABE/CAPSS Convention

Friday evening speakerGina Barreca

See NOGUERA page 9

Always on, always available ................ 3

Legislation impacts special ed ............. 4

See You in Court .................................. 5

CABE new Facebook page .................. 6

CABE: working for YOU ...................... 8

Legal Briefs .......................................... 9

Educator Prep. Advisory Council .......10

Board Recognition Awards .................11

Broderick - Bammy Award ...................11

STRATFORD FALL SPORTS

The CABE/CAPSS Convention Com-mittee is pleased to announce that Univer-sity of Connecticut professor, author andhumorist Gina Barreca will be our Fridayevening General Session speaker.

Gina Barreca is most recently the editorof Make Mine A Double: Why WomenLike Us Like To Drink (or Not) publishedby the University Press of New England in2011 and author of It’s Not That I’m Bitter:How I Learned to Stop Worrying AboutVisible Panty Lines and Conquered the

World (St.Martin’s, 2009).

She hasappeared on20/20, TheToday Show,CNN, the BBC,NPR, Oprah,and Dr. Phil, todiscussgender, power,politics, and humor.

Her earlier books include the best-selling They Used to Call Me Snow WhiteBut I Drifted: Women’s Strategic Use ofHumor (which is being reissued in a“classic” edition by UPNE in 2013)and Babes in Boyland: A PersonalHistory of Coeducation in the Ivy Lea-gue; her books have been translated intoseveral languages, including Chinese,Spanish, Japanese, and German.

Dr. Barreca, whose columns from theHartford Courant are distributed world-wide by the McClatchy-Tribune Syndi-cate, is Professor of English and FeministTheory at the University of Connecticut.

Her B.A. is from Dartmouth College,where she was one of the first classes ofwomen, her M.A. is from an all-women’scollege at Cambridge University, and herPh.D. is from the City University of New

CABE/CAPSS Convention

Sat. morningspeaker

Pedro NogueraLisa Steimer, Senior Staff Associate forProfessional Development, CABE

The CABE/CAPSS Conven-tion Committee ispleased to an-nounce thatPedro Noguerawill be the Satur-day morningGeneral Sessionspeaker.

A dynamicspeaker, Pedro Noguera is one ofAmerica’s most important voices forhealthy public education, focusing on theways in which schools are influenced bysocial and economic conditions in urbansettings. He’s an expert on school reform,diversity, and the achievement gap — andhe translates social theory into concise,direct language with emotional impact andintellectual rigor.

Dr. Noguera is the Peter L. AgnewProfessor of Education at New YorkUniversity. Noguera is an urban sociolo-gist whose scholarship and researchfocuses on the ways in which schools areinfluenced by social and economicconditions in the urban environment.

He holds faculty appointments in thedepartments of Teaching and Learning

Robert Rader, Executive Director, CABEPatrice A. McCarthy, Deputy Directorand General Counsel, CABE

Ginny Seccombeto receive

Friend of PublicEducation award

The CABEBoard ofDirectorsselected Dr.VirginiaSeccombe,recently retiredexecutivedirector ofLEARN,southeast Connecticut’s regionaleducational service center (RESC), as thisyear’s Friend of Public Education Awardrecipient.

Ginny has served as the liaison for theRESCs to CABE and has been hugelyhelpful, not only in attending meetings,but also making CABE an active partici-pant with LEARN and individual districts.

She has made numerous recommenda-tions, even at this year’s Board retreatand often offered herself and LEARNstaff to help CABE. For example, she hasled LEARN and EASTCONN in providingtechnological services to the CABE/CAPSS Convention.

Ginny has been LEARN’s ExecutiveDirector since 1989. She has served asPresident of the Association of Educa-tional Service Agencies (AESA), thenational RESC organization and was amember of the AESA Council.

She has chaired the AESA nationalconference, has presented at AESA con-

Page 2: CABE Journal - October 2012

Lydia Tedone

2 The Journal – Connecticut Association of Boards of Education • September 2012

CABE: Working hard for you

PRESIDENT COMMENTARY

CABE Board of Directors

EXECUTIVE COMMITTEELydia Tedone .................................................. President, SimsburyRichard Murray ............................. First Vice President, KillinglyAnn Gruenberg ........... VP for Government Relations, HamptonStephen Wright .... VP for Professional Development, TrumbullJames Marpe ................................ Secretary/Treasurer, WestportDon Blevins ........................................... Immediate Past PresidentJohn Prins ........................................................... Member at Large

AREA DIRECTORSSusan Hoffnagle ....................... Area 1 Co-Director, WinchesterMari-Ellen (Mimi) Valyo ........ Area 1 Co-Director, WinchesterDaniel Santorso ........................... Area 1 Co-Director, PlymouthBecky Tyrrell ....................................... Area 2 Director, PlainvilleLaura Bush ............................................. Area 3 Director, VernonGavin Forrester .............................. Area 6 Co-Director, StratfordElaine Whitney ............................. Area 6 Co-Director, WestportMichael D’Agostino ....................... Area 7 Co-Director, HamdenSheila McCreven ..................... Area 7 Co-Director, WoodbridgeJohn Prins ...................................... Area 7 Co-Director, BranfordRobert Ruggiero ............................ Area 8 Co-Director, MadisonPamela Meier ................................ Area 8 Co-Director, MadisonGail MacDonald ............................. Area 9 Director, Stonington

ASSOCIATESEileen Baker ........................................... Associate, Old SaybrookSharon Beloin-Saavedra .......................... Associate, New BritainGary Brochu ........................................................ Associate, BerlinRobert Guthrie .......................................... Associate, West HavenCal Heminway ................................................... Associate, Granby

COMMITTEE CHAIRSRobert Mitchell ........................ Chair, State Relations, MontvilleBeverly Washington ................. Chair, Federal Relations, GrotonBecky Tyrrell ................................... Chair, Resolutions, Plainville

CITY REPRESENTATIVESJacqueline Kelleher .................. City Representative, BridgeportMatthew Poland ........................... City Representative, HartfordMichael R. Nast ....................... 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 ServiceMelissa Dickinson ........................... Admin. Assist. for Membership ServicesGail Heath ...................................... Admin. Assoc. for Government RelationsWilmarie Newton ...................................... Admin. Assoc. for Labor RelationsCorliss Ucci .............................. Receptionist/Asst. to the Executive Director

The CABE Journal (ISSN 1092-1818) is published monthly excepta combined issue for July/August as a member service of theConnecticut Association of Boards of Education, 81 Wolcott HillRoad, Wethersfield, CT 06109, (860) 571-7446. CABE member-ship dues include $30 per person for each individual who receivesThe CABE Journal. The subscription rate for nonmembers is $75.Association membership dues include a subscription for each boardmember, superintendent, assistant superintendent and businessmanager. The companies and advertisements found in The CABEJournal are not necessarily endorsed by CABE. “PeriodicalsPostage Paid at Hartford, CT.” POSTMASTER: Send addresschanges 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

People in the NewsThe American Society of Association Executives

(ASAE) recently announded that Patrice A. McCarthy,Deputy Director and General Counsel, was renewed as aCertified Association Executive (CAE). The CAE is thehighest professional credential in the association indus-try. Less than five percent of all association professionalshave earned the CAE. Congratulations Patrice!

(continued from page 1)ferences and served as the Chair of the RESC Directors’Organization in Connecticut.

She has also served as President of two regionalSuperintendent Associations and served on the Board ofDirectors of the Connecticut Association of SchoolSuperintendents. She is a long-term member of theCABE/CAPSS Convention Committee and has providedmany suggestions on how the Committee can best carryout its responsibilities.

Among the recommendations that Ginny has beenmade to help CABE better serve its members is that weshould host a breakfast at the NSBA Convention, whichhas been instrumental in enabling Connecticut schoolboard members and superintendents together to plantheir time at the Convention (and the RESCs have beensponsors of these breakfasts and other events). Ginnybrought Past CABE and NSBA President MaryBroderick to her first NSBA Convention.

She served many years on the CABE/CAPSS Conven-tion Committee and recommended that the Committeeestablish a subcommittee to screen workshops sub-missions. That has worked extraordinarily well to ensurethat the full Committee has thoughtful recommendationson which workshops to provide at the Convention.

CABE President Lydia Tedone stated, “Ginny has been

a huge friend to public education and to CABE. Webelieve that in honoring her, as we honored John Allisonyears ago, we pay homage not only to her, but also to thegreat work of the RESCs across the State.”

CABE’s Board of Directors has awarded the Friend ofpublic Education Award nine times since 1997. TheAward is given to those men and women who haveworked to support public education in Connecticut andare not eligible for other CABE awards. Past recipients ofthe award are: Theodore Sergi, Pat Luke, John Allison,Tom Mooney, Lori Aronson, Bob Frahm, James Comer,Betty Stern-berg, George Coleman and David Nee.

David Nee, last year’s recipient, will present the awardat the CABE/CAPSS Convention on November 16.

Ginny Seccombe to receive Friend of Public Education award

School districts across the state and nation arestrapped to find the resources necessary to fulfill theirmission and more expectations are placed on these samedistricts year after year.

Between high school reform, NCLB waivers, commoncore curriculum, new, more rigorous student assessmentand teacher evaluation models right around the corner itis harder than ever to make ends meet to get the jobdone. Boards of education are working overtime findingways to deliver the services necessary to be successful.Regardless of the size or demographic of the particulardistrict; we are all hurting.

With that in mind, it came as a bit of a surprise to findout that CABE membership is at an all-time high (at leastin the last 20+ years). But, as I thought about it, it madesense to me. At a time when fewer people are unifiedaround support for public schools, CABE has taken aleadership role in fighting hard for public schools; andschool boards in particular.

Last week, Commissioner Stefan Prior, while attendinga meeting of the CABE Board of Directors, told us that“CABE will always be at the table”. Indeed, CABE hasbeen at the table, with board members and CABE staffparticipating on numerous committees such as PEAC(Performance Evaluation Advisory Council),

The Governor’s Prevention Council and the newlyresurrected Commission for Educational Technology. TheConnecticut State Department of Education has sup-ported more CABE projects, such as the CABE Leader-

ship Institute and theCABE SummerLeadership Institute.CABE is a full partnerwith the SDE on theLighthouse Project,which helps board’sfocus on the thingsthat have the greatestimpact on improvingstudent achievement.

I am so glad thatCABE members seethe value in the

Board of Directors holds its September meetingOn September 13, the CABE Board of Directors held

its “Back to School” meeting. The biggest “news” wasthat Dr. Virginia Seccombe will receive this year’s Friendof Public Education Award (see article, page 1 ).

State Board of Education Members Patricia B. Lukeand Stephen Wright (who is also Trumbull Board Chairand a member of the CABE Board of Directors) togetherwith Commissioner of Education Stefan Pryor and SDEChief Talent Officer Diane Ullman met with the CABEBoard to discuss issues of educational policy.

services the Associa-tion provides, from aquality professional development program, boardtraining, policy, negotiations and legal services. I amproud that you see us as an active partner in your localwork and because the strength we have in numbers willbe tested as we go further along in the movement forimproving student achievement.

It is critical that boards don’t just belong to CABE,but actively participate. Join a committee, become anArea Director. Sponsor a Legislative Breakfast. There areplenty of ways that you can be part of this statewideorganization. My involvement in CABE has made me abetter board member.I believe it will do the same for you!

There was much good discussion on issues including:• the timing of the new principal and teacher evalua-

tion and support program adopted by the StateBoard;

• the costs of both financial resources and time inimplementing the new Common Core Standards andsecondary school reform; and,

• ensuring that board members, superintendents,members of municipal governments and the publicunderstand the work that needs to be done.

(continued on page 11)

Page 3: CABE Journal - October 2012

Robert Rader

BUSINESS AFFILIATESDIAMOND MEMBER

ACT, Inc. - Northeast RegionFinalsite

GOLD MEMBERSBerchem, Moses & Devlin

Connecticut Business SystemsShipman & Goodwin

Siegel, O'Connor,O’Donnell & Beck, P.C

Sullivan, Schoen,Campane & Connon

SILVER MEMBERSAnthem Blue Cross and Blue Shield

Corporate Cost ControlLindburg & Ripple

Milone & MacBroom, Inc.Ovations Benefits Group

Quisenberry Arcari ArchitectsThe Segal Company

Trane

BRONZE PLUS MEMBERSBlue Ribbon LLCBrown and Brown

Fletcher Thompson ArchitectsFriar Associates

Goldstein & Peck, P.C.Kaestle Boos Associates, Inc.

O & G Industries

EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members

The Journal – Connecticut Association of Boards of Education • September 2012 3

Always on, always available

BRONZE PLUS MEMBERSThe S/L/A/M Collaborative

Suisman, Shapiro, Wool, Brennan,Gray & Greenberg

Whitsons School Nutrition

BRONZE MEMBERS

Nathaniel G. Brown, LLCChinni & Meuser LLC

Dattco Inc.Fuller & D’Angelo

Architects and PlannersJCJ Architecture

Kainen, Escalera & McHale, P.C.The Lexington GroupMuschell & Simoncelli

EDUCATIONALAFFILIATES

American School for the DeafArea Cooperative Educational Services

Capitol Region Education CouncilThe College Board

Connecticut Association of SchoolBusiness Officials

Cooperative Educational ServicesConnecticut Center for School Change

Connecticut EducatorsComputer Association

Connecticut School Buildingsand Grounds Association

EASTCONNEDUCATION CONNECTION

LEARN

a vacation without feeling a need to beconnected to our jobs. And social mediais so instantaneous that we often mustreact before we have time to analyze thesituation.

This is especially true when somethinghappens at a school and administrators inparticular must react even as the incidentgoes viral in the community.

“always on and always available” age.Board members are now consumed by theever-increasing pull of the internet—blogs, tweets, news and pour in in anever-ending flow.

Constituents seem to think it’s okay tohave a long discussion late at night withtheir board members, who must still get upthe next day to do their day jobs.

Is it any wonder that in many communi-ties, it is becoming increasingly harder tofind people to fill the position of schoolboard member?

Superintendents often got to theirpositions because of their attention todetail and “sweating the small stuff”.

They have to answer to members of thepublic, their staff, other municipalitiesand, of course, to their boards. It hasbecome a huge psychological burden andfor those who blog, tweet or are evenmore involved in social media, the timeand effort requirement in addition to thedifficulty in “turning it all off” is evenmore difficult.

I am not a school board member orsuperintendent but, I often find myselfanswering emails at night and on week-ends. It is hard for me to turn it offbecause I feel an obligation to answer ourmembers and the Board of Directorswhenever they have a need I might helpthem address.

Having had to email staff on weekendson occasion, I know they feel the sameduty because they seem to answer backas soon as the email is sent.

Even if you’re a sports fan and get onyour cellphone or a computer to look atscores, it is so easy to then look at youremails — and you’re back into it again! Itis too tempting and too easy to remain inconstant touch.

Give Yourselves a BreakThe last two summers, during my

vacation time, I turned off my email. I amhappy to report it can be done… and Ilived to tell about it! Of course, when Ireturned there was a huge pile of emails,but luckily, many were either unimportantor out-of-date so I could ignore them.During this time off, my automatic emailresponse said that I was away and out-of-touch with day-to-day operations ofCABE, but that if it is a true emergency,CABE staff knows how to reach me bytelephone.

It is difficult to create reasonableboundaries for when one is available. Iknow enough workaholics (like me) whomay try to set boundaries, but maybe a

combination of guilt about not being intouch and the workaholic desire to alwaysbe working takes precedence.

We know that people are more creative,have less restless minds and can seeissues with more insight after a period

when away from theirprimary responsibilities.

It is especially dif-ficult for board membersand superintendents totell others they won’t bein touch. They are allabout being constantlyavailable and they pridethemselves on this.But, some people needpermission to turn off.They need to hear that itis okay to take a real

vacation and to be out of touch, with, ofcourse, a way to contact them in anemergency.

I told my staff that the rules that applyto me about it being okay to turn offemails also applied to them… if they sochoose. Some felt they had to make surethey were still in touch at least daily. But,I was okay if they didn’t.

A Suggestion for Boardsand Superintendents

So, what do I think boards andsuperintendents should do about thisissue?

I would suggest that as part of thediscussion that accompanies a self-assessment that boards discuss their“digital expectations” of each other andtheir superintendent. If we are to maintaina high quality of life, have the energy tomake the best possible decisions and todo the very best we can for our students,we must recognize that we’re not “humandoings”, we are “human beings”.

And, we should treat each other likethat!

“If we are to maintain a high quality of life,have the energy to make the best possibledecisions and to do the very best we can

for our students, we must recognize that we’renot ‘human doings’, we are ‘human beings’.”

Over the last few years, businessesand nonprofits have begun to examinecertain expectations they have of theirstaffs, including their CEOs. Theseexpectations have to do with when it isappropriate for leaders to take time, suchas vacation, to truly relax and recharge.

Those who have studied this issuebelieve that “turning off” and “tuningout” are keys to allowing the brain to thetime it needs to restore energy and reload.The brain can focus on only one thing ata time, even as we all try to multitask.Downtime is needed to allow the brain tostore information effectively.

This age of 365/24/7 connectivity hasbeen made it tougher for many of us tobreak away from work. School boardmembers, superintendents and, yes,CABE Staff, expect to work at least somenights and weekends.

Slowing down in the summer hasbecome more difficult, with the need toanswer constituents, bosses or eventhose working for us. For many of us, thesummer is when we use vacation time, butoften we don’t take all to which we’reentitled.

We seem to be in a place where it isnever “okay” to put away the cellularphone, get off the Internet and even have

Kathryn WinterKate Winter, who served the

Connecticut Association Boards ofEducation as an area representative,and member of the Finance andExecutive Committees in the 1980s,passed away recently. Kate was amember of the Woodbridge Board ofEducation for eight years. CABEextends its sympathy to her family.

Patrice A. McCarthy,Deputy Director and

General Counsel, CABE

Board Members andSuperintendents Affected

All of this is affecting the quality ofour lives.

For those of us with Type A personali-ties, breaking away,even for a shorttime, is difficult.What are wemissing? What dowe need to do? CanI quickly find theanswer to thequestion posed inan email?

I see boardmembers andsuperintendents inConnecticut asvictims of our

Page 4: CABE Journal - October 2012

4 The Journal – Connecticut Association of Boards of Educatio • September 2012

Recent legislation impacts special education policyVincent A. MustaroSenior Staff Associate for Policy Service, CABE

The Connecticut General Assemblyrecently passed legislation affectingpolicies pertaining to special education.P.A.12-173, “An Act ConcerningIndividualized Education Programs andOther Issues Relating to Special Educa-tion,” makes several changes toConnecticut’s special education law,pertaining to a child’s individualizededucation program (IEP).

Additional opportunities are nowrequired for meetings and the exchangeof information between school districtofficials and parents of students in, orunder evaluation for, special education.In addition, teacher certification prepara-tion, in-service training, and professionaldevelopment must now include expandedinstruction and training regarding imple-menting individualized education programs(IEPs). Any IEP for a child identified asdeaf or hearing impaired must include alanguage and communication plandeveloped by the child’s planning andplacement team (PPT). A number of itemsmust be included in the plan.

Notification and InformationPrior to PPT Meeting

A school district, when providingspecial education, is required to offer tomeet with the student’s parents, upon theparents’ request, after the student hasbeen assessed for possible placement inspecial education and before the PPTmeets. The sole purpose of the meetingis to discuss the PPT process and anyconcerns the parent has about the student.

The parents must be given the oppor-tunity to meet with a PPT memberdesignated by the school district beforethe referral PPT meeting at which thestudent’s assessments and evaluationswill be discussed for the first time. Thisapplies to students under evaluation forpossible placement in special education.

The district, upon the request ofparents, is also required to provide themwith copies of the assessment and

evaluation results used to determinespecial education eligibility at least threeschool days before the referral PPTmeeting at which the assessments will befirst discussed.

The school district is also required toprovide parents with any State Depart-ment of Education (SDE) informationand resources relating to IEPs as soon asa child is identified as requiring specialeducation. These requirements also applyto guardians, emancipated minor pupils,and surrogate parents appointed accord-ing to statute.

Teacher Certification andTraining Requirements forSpecial Education

Teacher certification preparation, in-service training, and professionaldevelopment programs are required toinclude expanded instruction and trainingregarding the implementation of IEPs.

Certification preparation programs arenow required to include instruction onimplementing IEPs as they relate tospecial education and related services.Districts, as part of required in-servicetraining options for certified personnel,must offer information on implementingstudent IEPs. Special education teachers,as part of their required professionaldevelopment, must complete at least 10hours of training every five years onimplementing student IEPs and commu-nicating IEP procedures to parents orguardians of special education students.

Plan (IEP) RequirementsRegarding Deaf or HearingImpaired Students

Any IEP for a child identified as deafor hearing impaired must include alanguage and communication plandeveloped by the child’s PPT.

The IEP must address the followingspecifics which were not previously instatute:

1. the child’s primary language ormode of communication;

2. opportunities for direct communica-tion between the child and his orher peers and professional person-nel in the primary child’s languageor mode of communication;

3. educational options available to thechild;

4. the qualifications of teachers andother professional personneladministering the plan for the child,including their proficiency in thechild’s primary language or modeof communication;

5. the accessibility of academicinstruction, school services andextracurricular activities to thechild;

6. assistive devices and services forthe child; and

7. communication and physicalenvironment accommodations forthe child.

Legislation was also passed pertainingto the use of physical restraints andseclusion. P.A. 12-88, “An Act Concerningthe Reporting of Children Placed in Seclu-sion,” requires local school boards andother entities providing special educationto children, when recording instanceswhen seclusion or restraints are used on achild, to indicate whether the use ofseclusion was in accordance with thechild’s individualized education program(IEP) or whether the use of either action

September 7, 2012, CABE Government Relations and Resolutions Committees met at theCABE office to discuss Resolutions to be presented at the CABE Delegate Assembly onNovember 15, 2012 at the Mystic Marriott Hotel in Groton. Registration information for theDelegate Assembly will be mailed in mid-October.

was an emergency.Districts providing special education

to a child must record each instancewhen physical restraint or seclusion isused on a child and the nature of theemergency that necessitated the actionand include the information in an annualcompilation for the state. Districts mustreport to the SBE any instance in whichthe use of a restraint or seclusion resultsin the child’s physical injury.

The SBE is required to review thesecompilations and provide annual summa-ries identifying the frequency with whichrestraints and seclusion were used,including whether such actions result inphysical injuries to the child.

By law, special education childrengenerally may not be involuntarily placedin seclusion except as an emergencyintervention to prevent immediate orimminent injury to the child or others ortheir IEP provides for such. The schooldistrict must notify the child’s parents orguardians of each incident in which achild is placed in seclusion or a physicalrestraint is used (CGS §46a-152(b)).

Policy #6159 “IndividualizedEducation Programs/Special Education,”and Policy #5144.1, “Physical Re-straints/Seclusion,” have been revised toreflect the new legislation and are avail-able upon request from CABE’s PolicyDepartment.

Government Relations andResolutions Committees meet

Page 5: CABE Journal - October 2012

See You in Court – The Nutmeg Board of Education

The Nutmeg Board deals with First Amendments rights at a board meetingThomas B. Mooney, Esq.Shipman & Goodwin

The Journal – Connecticut Association of Boards of Education • September 2012 5

A Practical Guideto Connecticut

School Lawby Thomas B. Mooney, Esq.

Shipman & Goodwin

The Guide comes with a CD which provideshyperlinks to many cases and statutes

and will permit word searchesas a supplement to the Index.

New to the Seventh Edition:Bullying, Background Checks,

Child Abuse Reporting, Discrimination Issues,Educational Reform, FERPA,

Freedom of Information,State Aid for Educationand much, much more

The 7th edition is now available from CABE.Call and order your copy TODAY at 860.571.7446 or 800.317.0033

Seventh EditionNow Available

The Nutmeg Board of Educationmakes many mistakes. The latest imbro-glio created by the board will be report-ed here each issue, followed by an ex-planation of what the board should havedone. Though not intended as legal ad-vice, these situations may help boardmembers avoid common problems.

As September became October, theNutmeg Public Schools settled intoroutine, and Mr. Superintendent started tofocus on the challenges of operating forthe fourth straight year under the cloud offinancial stress. Unfortunately for theNutmeg Board of Education, Mr. Superin-tendent was not the only one payingattention to the budget. Bruce Bellicose,founder of Residents Against New Taxes(RANT), has been attending everymeeting of the Board.

During public comment, Bruce railsagainst the greedy teachers, incompetentadministrators and clueless Board mem-bers. The Board limits speakers duringpublic comment to four minutes, but

Bruce makes sure that he uses everyprecious second to heap abuse upon theBoard. At the beginning of every meet-ing, Bruce claims financial mismanage-ment by the Board and Administration,intimating more sinister motives, as hewonders aloud who is getting paid off.

At the end of the meeting last week,the Board members convened into execu-tive session to discuss what to do. Mr.Board Attorney had written a legal opin-ion, telling the Board that Bruce has freespeech rights, but veteran Board memberBob Bombast wasn’t convinced. “Mr.Board Attorney is always so cautious.Where did he go to law school anyway?”Bob groused. “I know how to solve thisproblem. Just watch me at the next Boardmeeting.”

“The larger question here,” interjectedMr. Chairperson, “is how we are going todo our budget deliberations. I am sickand tired of all the embarrassing ques-tions that you all ask Mr. Superintendentin public session when we review hisbudget recommendations. How can webetter show a unified front to the public?”

“Amen,” responded Mr. Superinten-dent. “Do you guys set out to embarrassme or does it just happen? I would love tohear a sentence that does not begin with‘Why don’t you . . .’ I am so sick of beingsecond-guessed that I could scream.”

“Look,” responded Bob Bombast. “Weneed to show the public that we are ridingherd on the administration. It is as simpleas that. Maybe we should give you agood evaluation and make it public thistime. That way the public will know thatwe value you even if it seems that weknow better than you do how to run thedistrict.”

“On that note, I declare this executivesession over,” intoned Mr. Chairperson.“Let’s just remember that we can talkabout some of the more controversialitems over email. That might help tonedown our public discussion.”

At the Board meeting this week, sureenough Bruce Bellicose was there. But ashe got up to speak, Bob Bombast wasready. “What is on your mind, Bruce?” heasked pointedly. When Bruce started toexplain that he was concerned about theBoard budget and the incompetents onthe Board, Bob cut him off. “We haveheard your concerns. Repeatedly. Untilyou have something new and positive tocontribute, just sit down.”

Bruce started to protest, but Mr.Chairperson banged his gavel. “I agreewith Bob here, Bruce. You have kickedthis budget thing to death. Sit down.Now.”

Bruce sat down. But as he did, he shota warning back to the Board. “This is notthe last word. I have free speech rights.You will be sorry.”

Did the Board act within its rights inthe interest of efficient operation?

Bob and the Nutmeg Board of Educa-tion likely violated Bruce’s free speechrights, as discussed below. But theBoard’s problems here involve otherissues as well.

As to Bruce and his rights, we startwith the observation that boards ofeducation are not obligated to provide anopportunity for public comment. Theirmeetings are meetings in public, notpublic meetings. However, when boardsprovide for public comment, they create aforum for speech, and they therebybecome subject to First Amendmentrequirements.

Reasonable regulations as to time,place and manner of speech are allowed.For example, boards typically limitspeakers to three to five minutes. Boardscan prohibit vulgar speech and/or per-sonal attacks. Boards can even createforums for speech on a specific topic, e.g.,a public hearing on the budget. However,boards may not restrict speech based onthe viewpoint of the speaker.

Here, Bruce was repetitive (indeedunrelenting) in his criticism of the Board.

But he was not vulgar or abusive, and hestayed within the four-minute time limita-tion established by the Board. If Bruceshouts, swears or is threatening, theBoard can cut him off. But his merelybeing repetitive is not a legitimate basisfor denying him the chance to speak inthe forum that the Board created.

The Board also violated the Freedomof Information Act. To be sure, the Boardhad the right to discuss the written legalopinion of Mr. Board Attorney in execu-tive session. Boards can convene intoexecutive session when discussion wouldotherwise reveal information in a confi-dential document.

Here, the information was privilegedby the attorney-client relationship. TheFOIA contains a list of confidential docu-ments that may be discussed in executivesession, such as student or negotiationsdocuments.

Here, however, the Board violated theFOIA when it veered off that topic anddiscussed the budget process moregenerally. Indeed, Board memberssharing their opinions over email to avoidcontentious public discussion, as Mr.Chairperson suggested, would invite thefurther claim that the Board members wereconducting an illegal meeting by email byholding a “discussion” outside of aposted meeting.

We note that Mr. Superintendent tookthis opportunity to criticize the Boardmembers for their embarrassing ques-tions. Interestingly, if there were a properposting, this discussion could have beenheld in executive session.

Boards of education can discuss theperformance of individual Board membersas well as that of the Superintendent (andother board employees) in executive ses-sion as long as the individuals beingdiscussed do not require that the discus-sion be held in public.

The written evaluation of the Superin-tendent stands on a different footing.The Board was considering making Mr.Superintendent’s evaluation public.

However, under current law all docu-ments relating to the evaluation of thesuperintendent are already public docu-ments. Board members should know thatany written information about the per-formance of the superintendent is subjectto public disclosure.

That includes the evaluation itself andforms filled out by individual boardmembers to provide input for a generalrating. It even includes emails betweenindividual board members commenting onthe performance of the superintendent orany other school employee. Board mem-bers must be circumspect before creatingany such public records.

Attorney Thomas B. Mooney is apartner in the Hartford law firm ofShipman & Goodwin who worksfrequently with boards of education.Mooney is a regular contributor to theCABE Journal.

Page 6: CABE Journal - October 2012

6 The Journal – Connecticut Association of Boards of Education • September 2012

CABE and Baldwin Media:Partners in Managing Communications

The Media Messagefrom Ann Baldwin, Baldwin Media Marketing, LLC

Facebook is a phenomenon that hasgrown exponentially in a very short timeand continues to do so. Like it or not,recent statistics prove that it hasbecome an incredibly powerful businessnetworking and communications tool.

Because the line between social andtraditional communication has becomeblurred, whether or not and how youwant to use Facebook can be a toughdecision. The bottom line is that if youare careful and strategic about how yourFacebook is set up and what informationyou share, this can be a great way tocommunicate information the way youwant it communicated!

Two Facebook pages?With that said, CABE has recently

launched a new Page on Facebook thatwill be the central profile for the organi-zation on the social media site. If youfind this a bit perplexing because you’realready connected to CABE on Face-book, you are likely a member of theorganization’s Group which will remainintact as it is a more conducive format tointeract with our members.

So why have two different formatsyou ask?

What are Pages?The reason for establishing a Page in

addition to the Group is due to thesubtle but important differencesbetween the two Facebook formats.

For those of you who may notunderstand the difference between aPage and a Group, a Page enables publicfigures, businesses, organizations andother entities to create an authentic andpublic presence on Facebook.

Pages are visible to everyone on theinternet by default. You, and every

person on Facebook, can connect withthese Pages by becoming a fan and thenreceive their updates in your News Feedand interact with them. In other words, aPage for a business or organization isthe equivalent to a Profile for anindividual person.

What are Groups?While Pages were designed to be the

official profiles for entities, such ascelebrities, brands or businesses,Facebook Groups are the place for smallgroup communication and for people toshare their common interests andexpress their opinion.

Groups allow people to come toge-ther around a common cause, issue oractivity to organize, express objectives,discuss issues, post photos and sharerelated content. Like with Pages, newposts by a group are included in theNews Feeds of its members and mem-bers can interact and share with oneanother from the group.

Together, Pages and Groups bringeven more ways for you to stayconnected on Facebook. The CABEPage will serve as a place for staff todisseminate important information tomembers by posting events, updatesand photos while the Group willcontinue to be a forum for members todiscuss issues and share ideas.

Maybe you’re not into social media,or simply feel daunted by it, but if youwillingly choose to ignore it, you will beat a disadvantage and give others thatdo it a competitive edge. Facebook iswhat you make it. If you want to make ita tool to communicate with others andpromote the good things that you do,by all means, go for it!

Be sure to “like” us on Facebook!facebook.com/ConnecticutAssociationBoardsEducation.

CABE launches newFacebook page – here’s why

(continued from page 1)York. Gina blogs regularly for PsychologyToday, The Chronicle of Higher Educa-tion, and The Huffington Post; she hasalso written for The New York Times, TheIndependent (of London), Cosmopolitan,

CABE/CAPSS ConventionFriday evening speaker Gina Barreca

The Harvard Business Review, and othernewspapers and magazines worldwide.

Several of Gina’s books will beavailable for purchase in the Conventionbookstore and she will be available for abook signing following her presentation.

With the belief that our students play acritical role in determining their owneducation needs, the CABE/CAPSSConvention Committee has worked tofurther develop the Saturday program-ming that is focused on the needs ofstudent leaders who attend the Conven-tion.

The Committee recognizes that studentrepresentatives on boards, districtcommittee members, student councilmembers and more informal studentleaders help our boards make importanteducational policy decisions.

This year we have created a morerobust Saturday session for student

CABE/CAPSS Convention

Student Panel Discussion –Saturday Lunch General Session

participants. As the culminating activityfor these students, we have invited someof them to have a frank conversation withus about their thoughts on issues wegrapple with each day. Topics to becovered may include the daily impact ofeducation reform, social media, bullyingand cyberbullying, and the capstoneproject have on the lives of students.

We look forward to hearing what ourstudents have to say, what we can learnfrom them, and how they think we canincrease the achievement of their peers, allour students.

Lisa Steimer, Senior Staff Associatefor Professional Development, CABE

CABE Search Servicesis recruiting for

SUPERINTENDENT OF SCHOOLS

DERBY PUBLIC SCHOOLS

SCOTLAND PUBLIC SCHOOLS

STRATFORD PUBLIC SCHOOLS

For an update or more information onvacancies go to our website: www.cabe.org

For more information contact, CABE Search Services,Jacqueline V. Jacoby • 860-539-7594

Randall H. Collins • 860-625-5495Paul Gagliarducci • 413-218-5692

Bob King • 203-461-0388

P.O. Box 290252, Wethersfield, CT 06129-0252www.cabe.org/support • Equal Opportunity Employers

Page 7: CABE Journal - October 2012

The Journal – Connecticut Association of Boards of Education • September 2012 7

2

We are delighted to announce that Frederick L. Dorsey has joined our firm as a principal. Fred brings 28 years of experiencein defending management in labor law and employment law matters. Fred has extensive experience in a wide variety ofgeneral and special education, labor relations and employment issues including union representation elections, contractnegotiations and administration, unfair labor practice charges and employment discrimination matters in both the public andprivate sectors. Fred focuses his practice in the area of education law, representing boards of education in special education,student expulsion, transportation and residency hearings in addition to conventional labor relations andemployment litigation matters.

Fred is Adjunct Faculty Member, University of Bridgeport, Professor of School Law; a member of the American Bar Association,Labor and Employment Law Section; a member of the Connecticut Bar Association, Labor and Employment Law Section,Committee on State and Local Government Bargaining Employment Law; and Past President of the Connecticut SchoolAttorneys Council and the National School Boards Association Council of Attorneys.

Fred can be reached at (860) 493-0870 and by email at [email protected]. For more information about Fred and ourfirm, please visit our website at www.kemlaw.com.

Page 8: CABE Journal - October 2012

8 The Journal – Connecticut Association of Boards of Education • September 2012

The CollectiveBargainingHandbook

CABE is pleased to introduce thenewly updated Collective BargainingHandbook. This handbook containspractical information that we believe willenable you to better understand the col-lective bargaining process and be a moreprepared member of your board of edu-cation. There is no substitute for carefulpreparation.

New in this revision is an explanationof the Teacher Negotiation Act and theMunicipal Employees Relations Act.There are sections on: ground rules, pre-paring for negotiations, bargaining strat-egies and techniques, provisions a pub-lic employer should try to obtain, com-mon board mistakes in bargaining, andcollective bargaining terms.

This handbook is designed as a refer-ence guide to the negotiations processfor school boards. The handbook is notintended to provide specific or directadvice regarding the legal responsibili-ties of the school board or school offi-cials.

For specific legal advice or if assis-tance is required, please contact CABEat 860-571-7446 or your district’s negoti-ating attorney.

The handbook was mailed to boardchairs in August. If you would like addi-tional copies they are available for $7.95each by calling CABE at 800-317-0033 or860-571-7446; or order online atwww.cabe.org/page.cfm?p=749.

CABE recently mailed to member boardchairs a copy of the National SchoolBoards Association (NSBA) publication,Telling Your Story: A CommunicationsGuide for School Boards.

The Guide is a quick read full of valu-able information that will assist you andyour Board in understanding and improv-ing your communications strategiesthroughout the course of the school year.

While the guide gives you a lot of use-ful information and strategies for a moresuccessful communications initiative, of-ten additional resources and expertise areneeded, especially in a crisis communi-cations situation.

Over the course of the past couple ofyears, several boards of education andsuperintendents have taken advantageof CABE’s contractual affiliation withBaldwin Media Marketing (see above),providing hands-on assistance, profes-sional development and expertise toCABE member districts.

The ultimate goal for all of us is to getthe good word out on the positive thingsthat are happening in public education.

You can contact CABE at 860-571-7446 or Baldwin Media directly at 860-408-1580.

If you would like to purchase addi-tional copies of Telling Your Story, ACommunications Guide for SchoolBoards, they are available for $8.95 eachby calling CABE at 860-317-0033 or 860-571-7446; or order online atwww.cabe.org/page.cfm?p=749.

TellingYour Story A

CommunicationsGuide for

School Boards

NEWPUBLICATIONS

AVAILABLE

CABE: working for YOUIndividualized Workshops • Professional

Development Opportunities • Legal Services • PolicyServices • 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 boardsto increase studentachievement:• Sent three issues of Policy Highlights

via email listserv covering topics thataffect student achievement. Thisincluded information pertaining tostudent records and directory informa-tion, child nutrition, pregnant and/orparenting students, handling ofparental complaints, policies impactedby reform legislation (P.A. 12-116),teacher absenteeism and impact onstudent learning, student attendanceand learning, assisting children ofmilitarily deployed parents/guardians,resources regarding food choices inschool, and board member access topolicy manuals.

• Provided Lighthouse training forDanbury and Norwich. Met withKillingly to discuss training.

➤By representing Connecti-cut school boards on thenational level:

• Attended Achievement Gap Task Forcemeetings.

• Participated in Small School DistrictTask Force meetings.

• Participated in Red Tape Reductionplanning meeting.

• Staffed and participated in CABE’sVision and Communications Committeemeetings.

• Staffed CABE’s Government Relationsand Resolutions Committee meetings.

• Participated in After School AdvisoryCouncil meeting.

• Attended Secondary School ReformImplementation Committee meeting.

• Attended meeting of a subgroup of theCAPSS International Committee.

• Attended NSBA President’s Institute• Attended and spoke at Commissioner’s

Back-to-School Conference.

➤By providing opportunitiesfor members to learn how tobetter govern their districts:• Met with University of Connecticut

students about capstone project thatwill enable CABE to learn more abouthow we can better serve our members.

• Demonstrated CABE-Meeting for theClinton, Coventry and West Haven.

• Met with the new superintendent inKillingly to provide information on thedistrict’s use of CABE-Meeting.

• Participated in conference call withKentucky School Boards Associationabout recent and upcoming upgradesto CABE-Meeting.

• Entered into an agreement withGlastonbury for CABE-Meeting.

• Provided policy information to 33districts, NSBA, two out-of-stateschool board associations, fournewspapers, and one out-of-stateuniversity through 60 answeredrequests for information or samplepolicies, on 47 topics. The topics ofgreatest interest included truancyissues, bring you own devices toschool, online/virtual learning, andsocial media.

• Facilitated workshop on Roles andResponsibilities for Hartland; BoardSelf-Evaluation for Stonington; andBoard Retreats for Danbury, NewBritain, Region 15 and Windsor.

➤By promotingpublic education:• Continued work on Convention

planning.• Attended Commissioner’s “Back-to-

School Meeting,” and CAPSS Board ofDirectors meeting.

• Attended opening of Glastonbury-EastHartford Magnet School.

➤ By ensuring membersreceive the most up-to-datecommunications:• Prepared Custom Policy Service

material for Park City Prep CharterSchool, EASTCONN, East Windsor,Wallingford, Windsor Locks andWoodbridge.

• Completed revisions to CABE’s ModelStudent Handbook.

• Prepared revised and/or new policiesbased on recent legislation forAnsonia, Columbia, East Hampton,East Windsor, Franklin, GilbertSchool, Hebron, Marlborough, NewFairfield, New Hartford, Newington,North Stonington, Old Saybrook,Oxford, Regional School District No.6, Stafford, Sterling, West Haven,Westbrook and Windham.

➤By providing servicesto meet members needs:• Completed the audit of the policy

manual of the Scotland.• In the process of completing the audit

of the policy manual of the Avon.

Page 9: CABE Journal - October 2012

The Journal – Connecticut Association of Boards of Education • September 2012 9

Court rules inFirst Amendment case

A three-judge panel of the U.S. Courtof Appeals for the Second Circuit (NY,VT, CT) has ruled that a former schooldistrict employee failed to state a validFirst Amendment retaliation claim basedon exercising her free speech rightsbecause was she speaking pursuant toher official duties.

The panel concluded that the em-ployee’s reporting of financial irregulari-ties to the district superintendent andschool board was pursuant to her officialduties as a payroll clerk. The panelpointed out that the record was clear thatreporting pay irregularities to a supervisorwas one of her job duties.

It also noted that she acquired all ofthe information she reported to thesuperintendent in the normal course ofher work duties.

In the case Ross v. Lichtenfeld, No. 10-5275 (2d Cir. Sept. 10, 2012), Risa Rosswas employed by Katonah-LewisboroUnion Free School District (KLUFSD) as apayroll clerk typist since 1998. Over athree-year period, she met with Superin-tendent Robert Lichtenfeld on numerousoccasions to report payments to employ-

CABE-MeetingCABE-Meeting is a user-friendly, web-based service specifically designed to assist the board,superintendent and central office staff in preparing for and running board of education meetings.

An exciting feature designed for use by committees, in addtion to boards of education, wasrecently added to CABE-Meeting. Now all your board work and committee information isconveniently located in one place!

Is CABE-Meeting for you? Learn more:• Do you want to save your district money?• Do you want to utilize technology to enable staff to be

more efficient?• Do you want to focus more of your human and financial

resources on increasing student achievement in yourdistrict?

• Do you want to enhance communication with yourcommunity?

• Do you want to model the methods that should be usedto infuse technology in your schools?

If you answered “yes” to at least one of the abovequestions, read on. CABE-Meeting can help you!

Take a few minutes and go tohttp://www.cabe.org/page.cfm?p=158 to completeour CABE-Meeting costanalysis worksheet (locatedat the bottom of the page)and see how much yourdistrict can save in one year.Districts can savethousands of dollars eachyear by using CABE-Meeting.

CABE-Meeting

Lisa SteimerConnecticut Association ofBoards of Education81 Wolcott Hill RoadWethersfield, CT 06109www.cabe.org

For more information, a list of districtscurrently using CABE-Meeting or toschedule a demonstra-tion for yourboard, call Lisa Steimer at 800-317-0033 or860-571-7446 or [email protected].

ees she believed were improper. Anoutside consultant (from a neighboringdistrict) was hired to resolve interpersonalmatters between the staff.

During that period, Ross complained toLichtenfeld that she was being retaliatedagainst by employees for her reporting ofthese incidents.

During such time, KLUSFD learnedthat Ross had worked for that neighbordistrict, but no reference check was done,along with two other districts. After it wasdiscovered that Ross had falsified heremployment application, she was sus-pended with pay.

Ross then wrote a personal letter to theindividual school board members outlin-ing the same pay irregularities she toldLichtenfeld. After the Board received herletter, it convened an executive sessionduring which Lichtenfeld reco-mendedRoss’ termination. The Board voted todischarge her.

However, because Ross was entitled toa pre-termination hearing, the Boardrescinded its vote and held the hearing.The hearing officer found that Ross hadknowingly made false statements on herapplication and recommended that she be

terminated. The Board voted unanimouslyto terminate Ross.

Ross filed suit in federal district courtin New York against KLUFSD andLichtenfeld, alleging that she was termin-ated in retaliation for exercising her FirstAmendment free speech rights. The dis-trict court denied Lichtenfeld’s motion forsummary judgment.

The Second Circuit panel reversed thelower court decision, holding Lichtenfeldwas entitled to summary judgment. Thepanel concluded that Lichtenfeld wasentitled to qualified immunity as Rossfailed to show a violation of an actualFirst Amendment constitutional rightbecause she was speaking as an em-ployee, not as a private individual.

The panel focused on the question ofwhether Ross was speaking pursuant toher official duties when she reported thepay irregularities to Lichtenfeld and theBoard, since “[c]ourts must examine thenature of the plaintiff’s job responsibili-ties, the nature of the speech, and therelationship between the two.”

It pointed out that if she was speakingaccording to her job duties, then Lichten-feld was entitled, as a matter of law, to

summary judgment, because “althoughRoss’s speech was on a matter of publicconcern, it was made pursuant to herduties as a payroll clerk typist and istherefore not protected by the FirstAmendment.”

It pointed out that among Ross’ duties,she was responsible for bringing mistakeswith pay requisitions to the “appropriateperson’s attention.”

The panel also discounted Ross’ at-tempt to minimize her job responsibilitiesby referring to it as a “clerical” position. Itnoted that “[f]ormal job descriptions oftenbear little resemblance to the duties anemployee actually is expected to perform.”

In addition, it pointed out that Ross’own testimony made it clear that one ofher job duties was reporting pay irregu-larities to a supervisor.

The panel rejected Ross’ argument thatshe was speaking as a private citizen justbecause she went outside the chain ofcommand by first reporting the irregulari-ties to Lichtenfeld, and then sending theletter to the Board. It pointed out thattaking a complaint “up the chain ofcommand to find someone who will take itseriously does not, without more,transform [her] speech into protectedspeech made as a private citizen.”

The panel stressed that Ross hadnever attempted to take her complaints tothe public and, therefore, could not “availherself of the argument that her duties inno way included public revelation ofmisconduct of district officials that isgenerally available to the employee whotakes the issue public.”

It also pointed out that even if theworkplace conduct complaint might beunprotected by the First Amendment, anemployee might still avail herself of“whistleblower laws or other similaremployment codes.”

The panel stated that “[a]s a payrollclerk, she was tasked with reporting payirregularities to her supervisors, andthat’s what was done”.

NSBA Legal Clips, September 11, 2012

Legal Briefs Kelly B. Moyher, Senior Staff Attorney, CABE

Sat. morning speakerPedro Noguera(continued from page 1)and Humanities and Social Sciences at theSteinhardt School of Culture, Educationand Development, as well as in theDepartment of Sociology at New YorkUniversity. Dr. Noguera is also theExecutive Director of the MetropolitanCenter for Urban Education and the co-Director of the Institute for the Study ofGlobalization and Education in Metropoli-tan Settings (IGEMS). In 2008, he wasappointed by the Governor of New Yorkto serve on the State University of NewYork Board of Trustees.

Several of Dr. Noguera’s books will beavailable for purchase in the Conventionbookstore and he will be available for abook signing following his presentation.

Page 10: CABE Journal - October 2012

10 The Journal – Connecticut Association of Boards of Education • September 2012

Does your policy manualLOOK LIKE THIS?

Then you are theperfect candidate for the

CABE CustomizedPolicy Service!

CABE’s Customized Policy Service tailors a policy manual for asubscribing board of education that reflects the specific needs andpriorities of that community.

The service includes:• Review and analysis of existing policies for relevancy and

compliance with federal and state statutes and regulations.

• Review of current contracts and student and personnel hand-books for explicit and implied policies.

• On-site consultation for school board members and schooladministrators by CABE staff.

• Update of existing policies

• Legal referencing of policies:- Connecticut and U.S. statutes- Federal/state court decisions

• Development of needed policies and regulations.

• Use of CABE Codification System

• Printing of policies and arrangement in manual.

• Manual on CD

Fee is based on school district enrollment. For more information contactVincent Mustaro at CABE 860-571-7446 or 800-317-0033. You canalso email Policy Services at [email protected].

CABE Workshop

Board Chair Roundtable

Board Chairs from around the state gathered at the CABE Office, on September 19, todiscuss the important initiatives that are aimed at increasing student growth. Theyinclude: State intervention in school districts; establishment of Alliance Districts and theCommissioner’s Network; and the “three-headed” reform of new professional evaluationstandards, Common Core standards and secondary school reform. One of the questionsposed to the group was “with these initiatives going forward, do you think the role of theboard and its chair will change?” Leading the discussion was Lol Fearon, Chief, Bureauof Accountability and Improvement, State Department of Education.

The Educator Preparation Advi-sory Council (EPAC) is meeting on amonthly basis, in order to meet theirdeadline of issuing a report withrecommendations by April 1, 2013 tothe State Department of Education,the Board of Regions for HigherEducation, the University of Con-necticut and the Legislature’s HigherEducation Committee.

The Council has received anoverview of national trends andinitiatives in teacher preparation,including entry and exit standards,clinical preparation and induction,disciplinary content, and evaluationand research to improve teacherpreparation.

The Council members are examin-ing best practices in the clinical

experience provided to students inteacher preparation programs. Apartnership between the highereducation institutions and the schooldistricts where students receive theirclinical experience underlie all of thesuccessful practices.

Effective national teacher prepara-tion models make teacher preparationan all-campus responsibility, beginbefore students actually engage informal studies, extend beyondcompletion of the program, andembrace practicing educators andschools as essential partners in theteacher preparation process.

Patrice A. McCarthyDeputy Director and

General Counsel, CABE

The Educator PreparationAdvisory Council

November 15CABE Delegate Assembly

Mystic Marriott Hotel, Groton

November 16-17CABE/CAPSS Convention

Boards and Superintendents:The Challenges and Opportunities

Involved in Reforming andTransforming Education

Mystic Marriott Hotel, Groton

March 6CABE Day-on-the-Hill

8:30 am - 5:00 pmThe Bushnell

Hartford

Workshop information as well as reg-istration information is also publishedon the CABE website at: www.cabe.org. If you have any questions, pleasecontact Lisa Steimer at the CABE Of-fice 800-317-0033 or 860-571-7446or email Lisa at [email protected]

Mark yourCALENDAR

Don’t miss theseprofessionaldevelopmentopportunities!

ReminderWe need your help in keeping our

database up-to-date. Please call us (860-571-7446) or go directly to the databasewebsite (https://em.eboardsolutions.com/cabe/eMembership/Admin/Login.asp)with any changes on your school board ordistrict administrators. With the mostcurrent information it will allow us to keepeveryone informed.

Page 11: CABE Journal - October 2012

The Journal – Connecticut Association of Boards of Education • September 2012 11

CABE Board Recognition AwardsBoard Leadership Award and

Board of Distinction Award

The CABE Board RecognitionAwards are designed to recognizeboards that provide effective leader-ship to their districts through the useof good practices. This program,which acknowledges the importance ofschool board members and superinten-dents working together as effectiveteams, continues an important trendamong school board associationsacross the country.

• CABE Board Leadership Award- Level One includes 34 itemsand boards need to fulfill 22 ofthese with at least three com-pleted in each of the followingareas: board leadership/studentachievement, board memberprofessional development,policy, community relations, andrelated organizational leadership.

• CABE Board of DistinctionAward - Level Two recognizesBoards which are truly exem-plary. To be eligible for thishigher level of award, the Boardmust have achieved Level Onedistinction at least twice in thepast four years. Boards must

achieve at least two Level Twoitems in each Level Two cat-egory to receive this award.

An optional question in Level Oneand Level Two, asks about whatmakes your Board’s leadershipespecially effective. These responseswill be printed in the CABE Journal.

The Awards will be presented at theCABE Leadership Awards Receptionat the CABE/CAPSS Convention onFriday, November 16, at the MysticMarriott Hotel in Groton. WinningBoard Chairs and Superintendentswill be notified by email the wek ofOctober 15. All members of yourboard of education who are attendingthe Convention are encourage toattend the awards ceremony.

Districts receiving the award for thefirst time will receive a plaque; and inthe years following, plates for theplaque will be provided. Winningdistricts will also be honored, for oneyear, on a plaque that hangs in theLeonard Rovins Conference Room atthe CABE Office and will be recog-nized in the December CABE Journal.

September 10, 2012 — CABE’s Communications Committee met in the CABE office to discussfinalizing the Communications survey and distribution. CABE will be sending board memberstwo surveys, one on CABE’s Communications (how best to communicate with ourmembers) and the other from the Vision Committee (purpose of CABE, where do you seeyour board in the next five years and how can CABE help you reach your goals?) We willbe asking boards to take a few minutes at a board meeting in October to answer thesequestions as a group and then communicate the answers back to CABE.

This is very important for the future of CABE. Committee members in attendance were:Chair Sheila McCreven (Woodbridge); Ginny Seccombe (LEARN); Ann Baldwin andJessica Pace (Baldwin Media); Elaine Whitney (Westport); and Pam Meier (Madison).Bonnie Carney, Patrice McCarthy and Bob Rader from the CABE staff.

CABE’sCommunications Committee

CABE Board of Directors members meet with Commissioner Stefan Pryor, StateBoard Members Pat Luke and Steve Wright, and Chief Talent Officer DianeUllman. Topics of discussion included the new evaluation and support systemand other reform efforts.

(continued from page 2)The Board also unanimously nomi-

nated President Lydia Tedone as theNortheast Regional Director of theNational School Boards Association(NSBA). There are at least two othercandidates and a decision by the Nomi-nating Committee will occur at thebeginning of October. The election will beheld at the NSBA Convention in April.

The Board members in attendancesigned the CABE Code of Ethics, atradition that takes place annually atNSBA, that the Board felt would be an aptreminder of CABE’s high standards. We,too, expect to do this every year.

The Board accepted the report of theGovernment Relations Committee and alsonamed a Nominating Committee forofficers. Immediate Past President DonBlevins will chair the committee and alsoon the committee are:

• Don Harris (Chair, Bloomfield)• Janet Clancy (Preston)• Laura Bush (Vernon and Area 3

Director)• Robert Mitchell (Montville and

State Relations Chair)

Board of Directors holds its September meeting

• Becky Tyrrel (Plainville and Area 2Director) and, one more boardmember to be named by the Chair.

Both the Vision and CommunicationsCommittees, which were established bythe Board of Directors, gave reports.Both committees are planning to surveyour members concerning how CABE canbest help its members going forward andhow they would best like to receiveinformation from CABE (i.e., moreelectronic communication, use of blogs,changes in the CABE Journal, etc.). Wewill be contacting Board Chairs and CABELiaisons in the hope that we can receiveresponses from the combined survey assoon as possible.

The Board also heard from Bob Raderand Patrice McCarthy on survey workthat is beginning by UConn graduatestudents, in conjunction with CABE, tolearn more about our members and theirinterests and desires as CABE developspositions on educational policy.

The next meeting of the Board isscheduled for October 25th.

Robert Rader, Executive Director, CABE

DEADLINE for Submission: OCTOBER 12, 2012

Mary Broderick, former CABE and NSBA President, recently received a“Bammy Award”. The Bammies are given by WBAM in Washington, D.C.The Bammys are presented by the Academy of Education Arts and SciencesInternational, which “includes an eclectic cadre of leading educators,education leaders, education professors, journalists, editors, researchers,commentators, advocates, activists, visionaries and pioneers.”

Great educational leaders from across America were honored at the AwardCeremony. Mary was honored in the School Board Member category. CABEExecutive Director Robert Rader, who is a member of the Council of Peers forthe Awards, had nominated Mary, stating that “she has been an exemplaryboard member, a role model and a wonderful friend to other board members,superintendents and students not only in Connecticut, but across thecountry.”

Robert Rader, Executive Director, CABE

Mary Broderickwins Bammy Award

Page 12: CABE Journal - October 2012

12 The Journal – Connecticut Association of Boards of Education • September 2012

REPRESENTING CONNECTICUT SCHOOL BOARDSFOR MORE THAN 35 YEARS

THE LAW FIRM OF

SULLIVAN, SCHOEN,CAMPANE & CONNON, LLC

With over thirty five years experience providing legal representationto Connecticut’s public school districts, Sullivan, Schoen has set thestandard for public sector collective bargaining, has created an unpar-alleled body of case law favorable to school boards, and has estab-lished a proactive partnership with its clients to develop policies andpractices that anticipate the law’s ever-evolving demands. Call us andsee how we can help you.

646 Prospect AvenueHartford, CT 06105-4286

Phone: 860-233-2141Fax: 860-233-0516

William R. Connon, Partner

Website: sscc-law.com