CABE Journal - October 2014

16
Vol. 18, No.9 October 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 Declining enrollment: one district’s perspective Meet the candidates: Malloy, Foley and Visconti Patrice A. McCarthy Deputy Director and General Counsel, CABE Sheila McKay Senior Staff Associate for Government Relations, CABE See DAGGETT page 7 Lisa Steimer Senior Staff Associate for Professional Development, CABE Bill Daggett Convention Saturday morning speaker See DECLINING page 11 See CANDIDATES page 10 New Britain High School Chris Seymour Reporter, CABE The CABE/CAPSS Convention Committee is pleased to announce that, Bill Daggett, Ed.D., Founder and Chair- man of the International Center for Leadership in Education will be the Saturday morning General Session speaker at this year’s CABE/CAPSS Convention. Dr. Daggett is recognized worldwide for his proven ability to move preK-12 education systems towards more rigorous and relevant skills and knowledge for all students. He has assisted a number of states and hundreds of school districts with their school improvement initiatives. Dr. Daggett has also collaborated with education ministries in several countries and with the Council of Chief State School Officers, the Bill & Melinda Gates Foundation, the National Governors Association, and many other national organizations. He serves on several advisory boards, including NASA Education Advisory Board – 2008 to present, and USA Today Education Advisory Board. Before founding the International Center for Leadership in Education in 1991, Dr. Daggett was a teacher and administrator at the secondary and postsecondary levels and a director with the New York State Educa- tion Department, where he spearheaded restructuring initiatives to focus the state’s education system on the skills and knowl- edge students need in a technological, information-based society. Dr. Daggett is the creator of the Applica- Falling student enrollment around the state due to lower birthrates has been a hot topic of late, but Milford – which has seen a decline of 1,162 students, or about 15%, from 2005-06 through 2013-14 – is one district that has seen its numbers take a dramatic nosedive in recent years. With its population continuing to steadily decline, Milford – which had about 6,244 students at the start of the 2014-15 school year – might be forced to close an elementary school in the next year, according to Susan Glennon, Chairwoman of the Milford Board of Education. In terms of the dramatic drop in student population, things could get worse in the coming years, added Glennon. “Projec- tions indicate the potential for a decline of an additional 18% over the next eight years,” she said. A big factor in the decline of the Milford school system’s population concerning changing demographics in the community, according to Glennon, who cited the findings of the district’s recently completed Long Range Planning Study. “We have an aging population, a loss in school-age population, a decline in females of child-bearing age – all supported by census data – and a sharp decline in annual birth rates,” said Glennon. “We know we are not alone as many school districts in Connecticut are experiencing the same issues.” The breathtaking decline in student enrollment in recent years in Milford has “put some stress on the school system in As part of CABE’s advocacy on behalf of public education, CABE arranged meetings with each of the candidates for Governor. Board mem- bers from around the state were able to parti- cipate in these discus- sions. A key issue on every- one’s mind in the room was the candidate’s Malloy Foley Visconti views on education funding. Republican Tom Foley, former Ambassa- dor to Ireland, said “my commitment to under- performing schools is non-negotiable, we will provide whatever is needed” to help the urban districts, but he would not increase overall state spending. He went on to say fairness and opportunity must be available to all students. He expressed support for more subjec- tive factors in the ECS formula, but did not No Short Cuts Please! PAGE 4 Political Activity School Property PAGE 6 Is Your District On The List? PAGE 8 Traditional Schools/ Charter Schools PAGE 10 CT Tenure Reform PAGE 12

description

Volume 18, Number 9

Transcript of CABE Journal - October 2014

Page 1: CABE Journal - October 2014

Vol. 18, No.9 October 2014

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

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

PeriodicalPostage

PAIDHartford, CT

www.facebook.com/ConnecticutAssociationBoardsEducation

Declining enrollment:one district’s perspective

Meet thecandidates:

Malloy, Foleyand Visconti

Patrice A. McCarthyDeputy Director and General Counsel, CABESheila McKaySenior Staff Associatefor Government Relations, CABE

See DAGGETT page 7

Lisa SteimerSenior Staff Associatefor Professional Development, CABE

Bill DaggettConvention

Saturdaymorningspeaker

See DECLINING page 11

See CANDIDATES page 10

New Britain High School

Chris SeymourReporter, CABE

The CABE/CAPSS ConventionCommittee is pleased to announce that,Bill Daggett, Ed.D., Founder and Chair-man of the International Center forLeadership in Education will be theSaturday morning General Session speakerat this year’s CABE/CAPSS Convention.

Dr. Daggett is recognized worldwidefor his proven ability to move preK-12education systems towards more rigorousand relevant skills and knowledge for allstudents. He has assisted a number ofstates and hundreds of school districtswith their school improvement initiatives.

Dr. Daggett has also collaborated witheducation ministries in several countriesand with the Council of Chief StateSchool Officers, the Bill & Melinda GatesFoundation, the National GovernorsAssociation, and many other nationalorganizations.

He serves on several advisory boards,including NASA Education AdvisoryBoard – 2008 to present, and USA TodayEducation Advisory Board.

Before founding the International Centerfor Leadership in Education in 1991, Dr.Daggett was a teacher and administrator atthe secondary and postsecondary levels anda director with the New York State Educa-tion Department, where he spearheadedrestructuring initiatives to focus the state’seducation system on the skills and knowl-edge students need in a technological,information-based society.

Dr. Daggett is the creator of the Applica-

Falling student enrollment around thestate due to lower birthrates has been ahot topic of late, but Milford – which hasseen a decline of 1,162 students, or about15%, from 2005-06 through 2013-14 – isone district that has seen its numbers takea dramatic nosedive in recent years.

With its population continuing tosteadily decline, Milford – which hadabout 6,244 students at the start of the2014-15 school year – might be forced toclose an elementary school in the nextyear, according to Susan Glennon,Chairwoman of the Milford Board ofEducation.

In terms of the dramatic drop in studentpopulation, things could get worse in thecoming years, added Glennon. “Projec-tions indicate the potential for a decline ofan additional 18% over the next eightyears,” she said.

A big factor in the decline of theMilford school system’s populationconcerning changing demographics in thecommunity, according to Glennon, whocited the findings of the district’s recentlycompleted Long Range Planning Study.

“We have an aging population, a lossin school-age population, a decline infemales of child-bearing age – allsupported by census data – and a sharpdecline in annual birth rates,” saidGlennon. “We know we are not alone asmany school districts in Connecticut areexperiencing the same issues.”

The breathtaking decline in studentenrollment in recent years in Milford has“put some stress on the school system in

As part of CABE’s advocacy on behalfof public education, CABE arrangedmeetings with each of the candidates for

Governor. Board mem-bers from around thestate were able to parti-cipate in these discus-sions.

A key issue on every-one’s mind in the roomwas the candidate’s

Malloy

Foley

Visconti

views on educationfunding. Republican TomFoley, former Ambassa-dor to Ireland, said “mycommitment to under-performing schools isnon-negotiable, we willprovide whatever isneeded” to help the urbandistricts, but he would not

increase overall statespending.

He went on to sayfairness and opportunitymust be available to allstudents. He expressedsupport for more subjec-tive factors in the ECSformula, but did not

NoShortCutsPlease!

PAGE 4

PoliticalActivitySchoolProperty

PAGE 6

Is YourDistrictOn TheList?

PAGE 8

TraditionalSchools/CharterSchools

PAGE 10

CTTenureReform

PAGE 12

Page 2: CABE Journal - October 2014

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/October 2014

PRESIDENT COMMENTARY

CABE Board of Directors

Food for thought -addictive behavior

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.

This month I wanted to write about a problem severalgenerations of my family have had to deal with and hasaffected many other families in Connecticut: addiction. Itis a disease that can have devastating consequences forindividuals and families. More often then not, addictivebehaviors begin in school age children. According to theNational Institute for Health, (NIH), “The patterns ofalcohol and drug abuse that emerge during adolescenceare increasingly recognized as important determinants oflater substance abuse and associated behaviors.

The National Survey on Drug Use and Health,(NSDUH), examined substance use disorders and is theonly national survey to use diagnostic interviewsregarding both current and lifetime substance abuseamong U.S. adolescents. They found large increases inthe cumulative incidence of substance use disordersbetween 13 and 18 years of age - and an overall lifetimeprevalence that approaches adult samples.

The National Comorbidity Survey - AdolescentSupplement, (NCS-A), found that by late adolescence78% of U.S. teens had consumed alcohol and 15% metthe criteria for lifetime abuse. According to the NCS-Athe opportunity to use illicit drugs was reported by 81%of the oldest adolescents, drug use by 42% and drugabuse by 16%.

The conclusion of the authors of these surveys andstudies is that alcohol and drug use is COMMON for ourcountry’s teenagers and the findings of this study“indicate that most cases of abuse have their initial onsetin this important period of development”.

Clearly we need to do more then “just say no”. Theissues of drug and alcohol usage and abuse occurs inevery school in the state. The findings from these surveyscut across all socio-economic backgrounds. Teenagersfrom all races and gender as well as living in rural orurban communities are at risk for a potential future of

addiction andother at-riskbehaviorsbecause ofpatternsdeveloped atsuch a youngage while theirbrains were stilldeveloping.

So, what canwe do as boardmembers topossibly reduce these behaviors? Obviously there is nomagic bullet, but we can start with our health classes. An updated curriculum should teach youngsters aboutbehaviors and actions that will lead some of their peersdown the path to abuse and addiction.

Knowledge can be powerful for the friends of thesekids. They can be there for their risk-taking friends toturn to so that these teenagers don’t have to feel all alonewithout help and or support. It is important for users toknow where to get support.

I think we need to increase the number of SchoolBased Health Centers (SBHCs) in Connecticut. Cur-rently there are 75 licensed outpatient clinics that arelocated in 18 communities, serving approximately20,000 students per year.

According to the Connecticut Association of SBHCsits members provided more than 40,000 mental healthvisits annually for a range of mental health and substanceuse disorders. We need to develop more public-privatehealth care within our school districts.

However, Scott Newgrass, Education Consultant withthe State Department of Education, testified that thecapacity of schools toprovide needed services iscompromised by “the needto provide uninterruptedand regularly scheduledappointments for students”,as well as “accommodatingparents’ schedules withinthe school day and/orcollaboration with commu-nity service providers”.

We have all seen theincreasing frequent storiesof opioid related deaths inConnecticut and in NewEngland. Apparently, 75%of accidental poisoningscan be attributed tonarcotic usage, as well,which just happens to bethe leading cause of deathfor Connecticut residents. Many of these youngpeople may have alreadypassed through ourschools, but unfortunatelytheir destructive behaviorswere often learned while inour schools.

Think about it, please. I would like to thank

Michaela Fissel, from theWindsor Board of Educa-tion, for her support andencouragement in writingthis commentary.

CABESearchServices

For an update or more informationon vacancies go to our website:

www.cabe.org

Call CABEfor your

recruiting needs

For more information contact,CABE Search Services, 860-539-7594

Jacqueline V. Jacoby,Senior Search Consultant

Paul Gagliarducci • Associate ConsultantMary Broderick - Associate Consultant

Bob King • Associate ConsultantP.O. Box 290252,

Wethersfield, CT 06129-0252www.cabe.org/support

Equal Opportunity Employers

Page 3: CABE Journal - October 2014

Robert Rader

EXECUTIVE DIRECTOR COMMENTARY

The Journal – Connecticut Association of Boards of Education/October 2014 3

Diversity and boards of educationCABE AffiliateMembers

BUSINESS AFFILIATESDIAMOND MEMBER

Finalsite

GOLD MEMBERSAdvanced Corporate Networking

dba. Digital BackOfficeBerchem, Moses & Devlin

Centris GroupGuidance Counselorsfor Senior TeachersPullman & Comley

Shipman & GoodwinSiegel, O'Connor,

O’Donnell & Beck, P.C

SILVER MEMBERSAnthem Blue Cross and Blue Shield

Corporate Cost ControlMilliman, Inc.

Milone & MacBroom, Inc.The Segal Company

BRONZE PLUS MEMBERSBrown & Brown Insurance

Friar AssociatesGoldstein & Peck, P.C.

Guidepost Solutions, LLCLindburg & RippleMorganti GroupO & G Industries

The S/L/A/M CollaborativeTrane

UltiPlay Parks & Playbrounds

BRONZE MEMBERSChinni & Meuser LLC

Dattco Inc.Fuller & D’Angelo

Architects and PlannersJCJ Architecture

Kainen, Escalera & McHale, P.C.The Lexington Group

Muschell & SimoncelliOvations Benefits Group

Suisman Shapiro Attorneys at Law

EDUCATIONALAFFILIATES

American School for the DeafArea Cooperative Educational Services

Capitol Region Education CouncilThe College Board

Connecticut Association of SchoolBusiness Officials

Connecticut Center for School ChangeConnecticut School Buildings

and Grounds AssociationCooperative Educational Services

EASTCONNEDUCATION CONNECTION

LEARNUnified School District #1

In the heat of August, Ferguson,Missouri, exploded after a policeman shotand killed a young African-American afterthe two had an argument. Days of riotingoccurred thereafter.

I grew up in the 1960s. I vividly re-member watching our black and whitetelevision show machine guns mounted inWashington, D.C. to protect the WhiteHouse and Capital in the aftermath of theshooting of Martin Luther King, Jr. Iremember hearing about the NationalGuard being called out in many states toprotect against rioters.

I was even in the middle of a racial riotat my high school when black studentsthrew chairs and tables across the cafe-teria. Sixty-eight armed policemen withhelmets patrolled the halls. Racial ten-sions were high throughout the country.

So, what happened in Ferguson wasnot a huge surprise – racial issues con-tinue to divide us. Yes, we’ve made pro-gress in many different areas on racialissues. That an African-American waselected president is but one achievementthat was unthinkable back 50 years ago.

But, in many areas, such as in leader-ship of our civic bodies, we have notachieved success. This was brought tomy attention while watching the newsabout Ferguson when a reporter men-tioned that 60% of the population in thecity were of color and only three of the 55policemen in Ferguson were people ofcolor.

The reporter then stated that NO mem-bers of the Ferguson Board of Educationwere minority.

I have no idea why there are no minor-ities on the Ferguson Board. There maybe good reasons, like no one willing tostand for election. But, that no one on theBoard is a member of a minority group insuch a city was disquieting.

Minorities on BoardsI have spent some time in researching

the percentage of minorities on boards ofeducation. Unfortunately, there is notmuch research. One study, conducted bythe American Enterprise Institute’sFrederick M. Hess for NSBA, showedthat across the nation, approximately 12%of board members are African-Americanand 3% are Hispanic or Latino, thoughthe sample size was less than 900 boardmembers. This compares to approxi-mately 12% of Americans who areAfrican-American and 16% who areHispanic. Most minority board membersare from our larger school systems.

To the best of my knowledge there isno data on the percentage of minorities onConnecticut Boards. I have talked to oneof my peers from the South and, possiblybecause of demographics and housingpatterns, there appear to be a larger num-ber of people of color on their boards andin leadership positions in state schoolboards associations.

The CABE Board, under the leader-ship of President Richard Murray, has

been very supportive of looking into theseissues. Area 2 Director Donald Harrishas worked with me as we held discus-sions with various leaders about how toidentify and encourage high-qualitycandidates of color to consider schoolboard service.

I want to make clear that this is not anaffirmative action initiative. We are nottalking about a quota system and neverwould. But, our leadership believes thatboards and town committees who selectcandidates need to be sensitive to thisissue and consider what actions theymight take to encourage minorities to runfor office.

Why is this important?As you may know, I have been work-

ing on a project entitled, The Future ofBoards of Education, with a number ofmy colleagues across the country. Here iswhat we said on ensuring quality candi-dates in the whitepaper that executivedirectors from around the country voted

unanimously to send to the NSBA Boardof Directors:

“Finding high-quality candidates forschool boards is imperative if we wantto ensure the relevancy and effective-ness of school boards of the future.Gone are the days when we couldcount on businesses to provide indi-viduals with time off to serve. It isimportant that we encourage high-quality individuals to run. We alsoneed to encourage candidates fromdiverse groups, such as minorities, toserve on boards. If we believe thatboards should represent their com-munities, this is not only a practical,but also a moral imperative (espe-cially as our country becomes minor-ity-majority in the next 25 years orso).” [My emphasis].

This year, the majority of students en-tering our public schools are minorities.This is the first time this has happened inthe history of our nation.

While studies of specific effects ofhaving minority members on a schoolboard are few, one stated, according toDr. Hess, in an analysis “of district dataon resource allocation, staffing and otherpolicy concerns in eighty-two large urbandistricts, [the authors found] that blackmembership on boards was correlatedwith policies that were more equitable forblack students and staff”.

This is no surprise and can be analo-gized to a different and yet similar issueschool districts have been trying to ad-dress for years: encouraging the hiringand support of more teachers of color: InAmerica’s Leaky Pipeline for Teachers ofColor, the authors stated that “There is alarge demographic mismatch betweenstudents and teachers of color. This mat-ters because students of color need teach-ers who not only set rigorous standardsfor them but teachers who also can pro-vide models of professional success.Teachers of color have demonstratedsuccess in increasing the academicachievement of students of similar back-grounds.”

Board members and Boards as awhole, also should be models of profes-sional success.

Living through those difficult periodsin the sixties, I think I became much moresensitive to racial issues that I might haveotherwise been. I am proud of CABEleadership for taking on this issue in asensitive, thoughtful way.

You will be hearing more about howwe can help boards engage minorities andfind ways to encourage them to be part ofour cornerstone of American democracy.More engagement will be healthy for allof our communities.

In the long run, this engagement willnot only build trust in our communities, itwill strengthen school boards by strength-ening our roots in our communities.

And, most importantly, it will streng-then our boards in their role to affectpositive change on behalf of all of ourstudents.

“. . . our leadership

believes that boards

and town committees

who select candidates

need to be sensitive

to this issue and

consider what actions

they might take to

encourage minorities

to run for office.”

Page 4: CABE Journal - October 2014

4 The Journal – Connecticut Association of Boards of Education/October 2014

Jacqueline JacobySenior Search Consultant,CABE Search Services

No Short Cuts Please!The search for a superintendent of schools in Connecticut

Recent events highlighting difficultieswith searches for school superintendentsprompted me to write about this topic.

Selecting a superintendent is one of themost important responsibilities of a boardof education. When things go wrong,complications of this process can have anegative impact on those involved. Wehave seen this play out in a couple ofConnecticut communities recently. Butthese cases represent a small percentageof the total number of superintendentsearches completed each year. However,with these current situations in mind, itseems timely to outline some key ele-ments of the search process that result in amore positive experience and outcome.

The search process usually begins withthe selection of a consultant. Thisconsultant must work in a harmonious

partnership with the board of education.The consultant must never lose sight ofone reality: This is the board’s search.The consultant must maintain ongoingcommunication with board members,constituents and stakeholder groups. Heor she needs to keep all relevant groupsinformed at each stage of the process. Inaddition, proactive recruitment efforts,protocols for reviewing applications,thoughtful questions developed in orderto conduct thorough interviews and finallya comprehensive background check areintegral to the process.

I have facilitated multiple superinten-dent searches and found that the overallintegrity of the selection process beginswith attention given to the above areas byboards and consultants. Some boards andconsultants become impatient with thelength of time necessary to appropriatelyaddress these elements. It is important tokeep in mind that quality searches willtake 90 to 120 days and sometimeslonger.

ConsultantsWhen a board learns about a pending

vacancy, they will invite search providersto submit a proposal and after reviewingproposals, interviews are held withselected firms. Boards should do refer-ence checks for the firm/s they wish tointerview. While reviewing the resume ofthe consultant, it is important to look atthe track record and experience. If there isa consultant team, made up of a boardmember and a superintendent, the variedinvolvements will bring different perspec-tives to the search as well as broad anddeep networks.

Remember that the board should havea comfort level and an innate trust that theconsultant has the district’s best interest atheart. Board members need to take a littletime to assess and analyze which consult-ant will guide the committee mosteffectively through such an importanttask. Board members should feel free toask any and all essential questions of theconsultant. Critical to a successful searchis the selection of a skilled and credibleconsultant who understands and appreci-ates the differing perspectives of all boardmembers.

The consultant has the responsibility toreview all materials submitted by eachapplicant, study background checks, andscrutinize all components of thecandidate’s application looking forinconsistencies, subtleties in workexperience, and or “red flags”. Theconsultant must inform board memberswhenever any anomalies are raised.Without question, all interactions betweenBoard members and the consultant areconfidential. There must be no surprises.

CommunicationOne of the first steps in the process is

to cooperatively establish a schedule forthe search, often beginning by setting adesired appointment date. Of course theapplication and interview process must bekept confidential. However, the consult-ant will want to provide a combination ofregular updates on the district website, e-blasts to staff, community updates andperiodic media releases throughout thesearch. The goal is not to breech confi-dentiality, but to provide all interestedparties with appropriate information andalso reduce speculation.

CommunityThe board and consultant will want to

involve the community through focusgroups, interviews and a survey to learnabout the leader qualities and characteris-tics desired by constituents. The consult-ant will collect and analyze this data andwrite a leadership profile. This profile isused as a reference point and guidethroughout the search.

Some boards involve an advisorycommittee, beyond the board, to meetwith several finalists and provide writtenfeedback to the board. The board shouldcarefully consider the pros and cons ofthis step and be certain to inform thecandidates early in the process, if this stepwill be included. Some quality candidatesare sensitive to expanding the searchmembership, beyond the board, becauseof the potential of a breach of confidenti-ality, and they may withdraw.

Connecting and ConsensusRecruitment efforts include publicizingthe search through vacancy notices onwebsites, in newspapers, and throughdirect mailings and/or email to schooldistricts and education related organiza-tions. The importance of personalrecruitment on the part of the consultant iskey. This does not infer that the consult-ant has a stable of candidates but insteadthat they have contacts. They may havecoached; or taught university classesconnecting them to aspiring leaders whoare worthwhile candidates.

Consultants will receive, process, andreview all application materials. They willconduct pre-interviews with selectedcandidates in order to provide a viableslate for board interviews. This reality isanother reason why choosing a consultantyou trust is important.

Of course the board has access to all ofthe applications received. The pool ofcandidates has shrunk over the years, butthere must be worthy options for eachsearch. If a candidate does not “wow” theboard, do not settle. The consultant canhelp to find an interim superintendent andthe board can reopen the search at a later

date. The contract with the consultantshould include a clause that indicates theywill stay with the board until they havechosen a candidate.

Consultants will facilitate an interviewseminar with the board. They will guidethe board in drafting interview questionsto determine a match between thecandidate and the district’s leadershipneeds.

Initial interviews with slated candi-dates and second interviews are con-ducted by the board and the consultantfacilitates the process. A series ofquestions for reference conversationsshould be provided as a guide to becertain there is consistency and parityacross reference checks. Once the boardhas determined a finalist/s, a comprehen-sive background check is conducted.

Some boards like to conduct a site visitto the candidate’s current place ofemployment for a firsthand observation. Ifa site visit is a part of the search, theconsultant should provide written guide-lines.

Credential ChecksThe consultant should have affiliations

with firms that can conduct comprehen-sive credential and reference checks doneprior to the district hiring a superinten-dent. There should be no surprises afterthe appointment. Beginning with a socialsecurity and residence trace, the referencereview includes a search of criminal andcivil records, department of motor vehiclehistory, financial records review, sexoffender registry search and education/degree verification. Additionally, theconsultant should ensure a review ofmedia publications, social media activity,certification requirements and determineauthenticity of written applicationdocuments.

In conclusion, a skilled and compe-tent consultant working cooperativelywith the board of education makes for asound and thoughtful selection process.So much of what a consultant is chargedwith doing seems obvious. Yet, boardmembers need to assess the consultant’sproductivity and integrity at each stageof the selection process. We know thatoversights and unfortunate difficultieswith a search can have far reachingeffects on the district’s reputation, trustof the community and morale of staff.Let’s do it together, taking no short cuts.The Chinese proverb says it all: A singletree cannot make a forest, a single beamcannot support a great house.”

Jacqueline Jacoby, Ed.D, SeniorSearch Consultant and Former CTSuperintendent of Schools in consultationwith CABE Search Consultants, MaryBroderick, Ed.D and Paul Gagliarducci,Ed.D.

13 CT high schoolsmade Newsweek’sAmerican Top HighSchool List

Newsweek’s 2014 Rankings highlightsschools that do the absolute best job ofpreparing students for college. This year,their methodology is more stringent thanever with new measures of quality and ahigher standard for data. An asterisk nextto a school’s name means that low-incomestudents are scoring at or above averageon state assessments. This is a way ofrecognizing schools that narrow theachievement gap.

Connecticut High Schools listed in thereport were:Rank High School112 Amity Regional High School –

Region 5140 Connecticut IB Academy – East

Hartford164 Litchfield High School*168 Greenwich High School179 Daniel Hand High School –

Madison226 South Windsor High School227 Fairfield High School228 East Lyme High School*337 Wolcott High School*352 Lyme-Old Lyme High School –

Region 18366 Haddam-Killingworth High

School – Region 17386 Pomperaug High School – Region

15401 Cheshire High School

To see the complete report go to: http://www.newsweek.com/2014/09/19/newsweeks-high-school-rankings-2014-two-lists-are-better-one-268691.html

Page 5: CABE Journal - October 2014

See You in Court – The Nutmeg Board of Education

A Nutmeg principal holds a tag sale - was it legal?Thomas B. Mooney, Esq.Shipman & Goodwin

The Journal – Connecticut Association of Boards of Education/October 2014 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 Edition

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.

Prissy Principal was pleased finally toget the promotion she had been seekingfor several years. As an assistant princi-pal, she was infamous for being a neatfreak, and Mr. Superintendent had beenconcerned that her rigidity would be aproblem in handling the demands of anelementary school.

But after her lawyer sent him adoctor’s note to the effect that Ms.Principal’s OCD would not prevent herfrom doing the essential job functions of aprincipal, Mr. Superintendent decided togive her a chance, and he recommendedher for the vacancy at Acorn ElementarySchool.

As the new principal of Acorn Elemen-tary School, Ms. Principal was appalled athow disorganized her school was, and shepromptly assigned her head custodian JoeBroom to conduct a complete inventoryof all school property, on his own time ifneed be. Joe grumbled a bit, but he im-mediately set about creating the inven-tory, and even he was surprised.

He found forty serviceable but out-dated computers, 100 unused desks and,in the boiler room, a WPA mural that wasdone in the 1930s. Given her abhorrenceof clutter, Ms. Principal decided that thisunused property must go.

As she surveyed the surplus property,Ms. Principal wracked her brain as towhat to do. Certainly the property wasstill worth something, and she was reluc-tant to throw it out.

Quickly, Ms. Principal realized that atag sale would be a win-win situation,providing some needed cash to the schoolwhile cutting down on the clutter. Ms.Principal then placed ads online as wellas in the local newspaper, and she spentthe next day tagging the items for sale.

She puzzled over the WPA mural —the mural was large and colorful, but hada little damage in one corner. What theheck, she thought, and she tagged it for$500.

The sale was a big success. A newcharter school bought all of the desks, andit even bought the old computers. TheWPA mural, however, had not yet beenpurchased when Joe Broom started toclean up at the end of the sale.

But just as Ms. Principal was thinkingthat she would be stuck with the mural, astranger came up to her, pointed out thedamage, and offered her $400 cash. Ms.Principal could hardly believe her good

fortune. She took the cash, got his nameand issued a receipt, and even helped theman carry the mural to his truck.

Ms. Principal was quite proud of her-self, and she was therefore surprised to becalled down to Mr. Superintendent’s of-fice for a “little chat” the following Tues-day with him, Mr. Board Attorney andMayor Megillah.

Ms. Principal promptly asked if sheshould have representation from the Nut-meg Administrators Group, but Mr.Superintendent told her no. He explainedthat he, the Mayor and the Board Attor-ney just wanted some answers. Disci-pline, if any, would come later.

“So,” began Mayor Megillah. “Whereare my desks, computers and mural? Thatis all Town property, you know.”

Ms. Principal gulped. “But all thatstuff was in my school and not beingused, so I sold it. I have all the money inan envelope in my office. Do you wantit?”

Mr. Superintendent interrupted. “Wehave a problem here. You better get theproperty back pronto, and then we willsort all of this out. Understood?”

Should Ms. Principal try to get theproperty back? Will she be able to?

Yes and yes. School boards and theiremployees do not own property used forschool purposes. The statutes providethat property dedicated to use for schoolpurposes is under the control and jurisdic-tion of the board of education, controlthat is then delegated to the superinten-dent and other school employees.

However, the town, acting as schooldistrict, owns such property, both real andpersonal (other than regional schooldistricts, which by statute actually doindependently own the property).

Given that fact, Ms. Principal over-stepped badly when she purported to sellschool property. The question of surplusproperty is a legitimate concern, andboards of education should have proce-dures for disposing of such property.Those procedures, however, shouldinvolve a two-step process.

First, the board of education shoulddecide whether and when property is nolonger being used for school purposes.The superintendent and the administrativestaff should provide guidance, but bystatute the board of education has controlof such property and should make thedecision.

Once the board has decided that pro-perty is no longer to be used for schoolproperty, control automatically reverts tothe municipality. The town should benotified of the board’s decision, and thetown, not the board of education, shouldthen decide what to do with the property –sell it, throw it out, keep it, or use it.

Getting the property back may be a bit

tricky. The buyers purchased it in goodfaith, likely presuming that Ms. Principalhad the authority to sell it. However,since the property was not Ms. Principal’sto sell, the buyers should turn the propertyback to the town and receive their moneyback.

If they don’t cooperate (and the fellowwho purchased a WPA mural for $400may well be inclined to hold on to it), thecourts would likely side with Nutmeg onthis one and order the school propertyreturned.

When Ms. Principal asked for unionrepresentation, Mr. Superintendent shouldhave granted her request. As with anyother union employees, Ms. Principal hasa right to union representation in anymeeting in which she is questioned andshe may reasonably fear disciplinaryaction.

Mr. Superintendent was mistaken intelling Ms. Principal that she didn’t needunion representation. That mistake maywell complicate any future disciplinaryaction against Ms. Principal for the tagsale.

Mr. Superintendent also should havebeen more proactive as to Ms. Principal’sclaim of OCD (obsessive compulsivedisorder). If an employee raises an issue

of potential disability, the employer mustdeal with it. Here unfortunately, thesituation was left ambiguous.

Mr. Superintendent should have satdown with Ms. Principal to discuss thedoctor’s note. In the interactive dialogrequired by the Americans with Disabili-ties Act in such situations, they shouldhave then discussed whether Ms. Princi-pal has a disability.

The district could even require anindependent medical examination to findout. If it is determined that she does infact have a disability, school officialsmust meet with Ms. Principal to discusswhether and how she can perform theessential duties of the position, with orwithout accommodation.

Finally, Ms. Principal needs to learnabout labor law as well. It was inappro-priate to tell the head custodian to finishthe inventory on his own time if neces-sary. As a non-exempt employee subjectto the wage payment statutes, Joe wasentitled to be paid for all time that he isdirected to or permitted to work.

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.

Page 6: CABE Journal - October 2014

Policy guidance for political activitieson school board property

6 The Journal – Connecticut Association of Boards of Education/October 2014

Vincent A. Mustaro, Senior Staff Associate for Policy Service, CABE

The Policy Corner

We again are in the midst of acontentious election season. National,local and state elections remain hotlycontested political events. Many statesare viewed as battleground states andthe public schools in all states will notbe immune from the fury of politicalactivity. Therefore, it is appropriate toreview issues related to the politicalactivities of staff and of politicalactivities on school grounds and howpolicy can provide direction.

Court RulingsPolitical activity and the distribu-

tion of campaign materials and visitsby candidates and/or their campaigningsupporters at public schools is acontroversial issue. Guidance has beenprovided by court rulings.

In Tinker v. Des Moines SchoolDistrict, the United States SupremeCourt declared that “Neither studentsnor teachers shed their constitutionalrights to freedom of speech or expres-sion at the school house gate.” How-ever, this does not mean that teachersand students enjoy the freedom tospeak on any topic at any time. InBethel School District v. Fraser, theU.S. Supreme Court indicated thatschools need not tolerate “lewd,indecent or offensive speech.” Schooldistricts also can take appropriate stepsto distance itself from certain kinds ofspeech, such as in a school newspaperor school website, when such speech isviewed as inconsistent with theschool’s basic educational mission.

Therefore, within the principlesestablished by Supreme Court rulings,boards of education may set reasonabletime, place and manner restrictions onstudent speech, even if the speech is“protected.” This could result in theschool’s interests in preserving theclassroom for educational purposes tooutweigh the student’s interests inengaging in political speech.

The courts have taken a similarposition with district employees,especially teachers. When the speechpertains to a matter of public concern,the courts balance the employee’s rightto free speech against the interests ofthe school district. In addition, time,place and manner restrictions mayapply. Boards must recognize that theiremployees enjoy private lives and mayassociate with others outside of schoolfor political, economic, religious, cul-tural or personal reasons. The board’ssupervisory staff, however, has theresponsibility to evaluate employees interms of their effectiveness in dis-charging assigned duties and responsi-bilities.

When non-school activities impactupon a district staff member’s effective-ness and job performance, the boardreserves the right to evaluate the effect ofsuch non-school activities upon the staffmember’s performance of employmentresponsibilities. Generally, school boardemployees have the right to activelyparticipate in political activities on behalfof any candidate, party or issue providingsuch activities are outside their assignedhours of employment.

Other ConsiderationsAlso to be considered are the issues of

candidates’ rights to information, em-ployee participation in political cam-paigns, distribution of campaign literatureand visits of candidates or their cam-paigning supporters to schools and schoolclasses and/or functions.

Any candidate for any office has thesame right to public and existing informa-tion as does any other citizen. Thisincludes the right to meet with an admin-istrator for a reasonable period and to begiven a tour of the school facilities, ifrequested.

District employees should not partici-pate in nor may district facilities be usedin political campaigns during school orwork hours. Neither candidates nor theirsupporters, including school districtemployees, should be allowed to cam-paign on school grounds during schoolhours. Anyone wanting to use districtfacilities for political activities outsideschool hours should do so in conformitywith the district’s “Community Use ofSchool Facilities” policy.

It is advised that if a class or school-sponsored group plans a political debateduring the school day, the principal/teacher/sponsor should ensure that allcandidates for the same public office orwho have differing opinions on a politicalissue are given equal opportunity toparticipate.

Political candidates or their supportersshould not be allowed to appear at aschool unless they are invited to visit orspeak to a class or other school-relatedactivity during school hours. The require-ments for debates or forums should applyand other candidates for the public officeshould be invited to visit at the same timeor be provided an equivalent opportunity.

Distribution of LiteratureDistribution of campaign literature and

political statements by candidates or theirsupporters may occur in class and at aschool event only as part of an instruc-tional discussion of controversial issues.Teachers can use political materials as

part of the instructional program,provided the material is germane to theinstructional objectives of the class/course. Any presentation of politicalmaterials, or issues, or expression ofview, however, must be balanced, fairand subject to policy parameters.

Another issue to be considered is thedistribution of political or campaignliterature. The U.S. Supreme Court inPerry Educational Association v. PerryLocal Educators’ Association ,estab-lished that teacher mail boxes in aschool system’s interschool mailsystem are “nonpublic” forums.Therefore, they are not open to generaldebate or the free exchange of ideas. Adistrict may impose reasonable view-point-neutral restrictions on teachermailboxes in order to exclude speakersor literature that would disrupt thesystem or hinder its effectiveness.

Restrictions on access to teachermailboxes may be considered reason-able when it is clear that the mailboxesare used exclusively for school-relatedpurposes. Courts have acknowledgedthe school district’s need to avoid anyappearance of political favoritism.

A regular newsletter of an employeeorganization that is normally distrib-uted via the teacher mailboxes is notconsidered political material if itsimply contains news of a politicalnature taken by the organization.However, a publication from, ornewsletter primarily containing news ordiscussion about any political actioncommittee is considered politicalmaterial and may not be distributedthrough the staff mailbox system.

Board PolicyA board of education’s policy

prohibiting the distribution of politicalmaterials must not distinguish betweenpolitical parties, candidates or view-points. If it does, the district potentiallyopens the mailboxes to all politicalexpression and faces charges ofdiscrimination.

A number of policy areas areimpacted by this topic. These includepolicy #1311.2, “Political Activities inthe Schools,” #1140, “Distribution ofMaterials by Students,” #1311.1,“Political Activities of School Employ-ees,” #1330/3515, “Community Use ofSchool Facilities,” #3543.13, “ Mailand Delivery,” #4118.21, “AcademicFreedom,” #6144, “ControversialIssues,” and #6153.2, “StudentParticipation in Election Process.”These are available upon request fromthe CABE Policy Service.

Good appsvs. bad appsThere are pros and cons to signing

your child up as a mobile user. Theapps may be one of the biggestadvantages to owning a smartphone.We can text or phone our children tocheck in or plan for after-school andactivity pick-up, maintain ahousehold calendar, download booksand organize study habits and tasks.

It is not all good news, though.As with all technology use,

parents need to be aware of somepitfalls to avoid. If your child has asmartphone, check the deviceperiodically for these apps and beaware of how your child uses his orher phone.

Here are a few dangerous appsidentified in The Atlanta PublicSchools Examiner:

• Yik Yak: Allows anonymousposts and GPS location.Content can be sexuallyexplicit, vulgar or a personalattack that has been connectedto cyberbullying.

• Poof: Allows kids to hide anapp or apps with a singletouch, making it difficult tomonitor mobile app usage.

• SnapChat: Allows content tobe viewed for 10 secondsbefore disappearing. Theviewer can save the post as animage and redistribute. Manykids don’t know that thetemporary post may not betemporary.

• Down: Allows the user tocategorize Facebook friendsfrom hang out with to hook upwith.

• Whisper: Allows users to postanonymously to people, whocan search for location of userto within one mile. There is adanger of sexual predatorstracking young users.

• Omegle: This video appallows anonymous posts andmatches users throughFacebook likes. The concern isthat strangers may use the appto communicate with children.

• Kik Messenger: Allowsanonymous, private messagesthat can be hidden fromparents. The app has been thesource of school fights and away for predators to pose asteens.

Some other sites to be aware of are:Secret, Cyber Dust and Streetchat.www.examiner.com/article/what-parents-should-know-about-dangerous-apps-targeting-children.This first appeared in the CABECONNection, September 2014.

Page 7: CABE Journal - October 2014

The Journal – Connecticut Association of Boards of Education/October 2014 7

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 thelatest in cutting edge technology.Using CABE-Meeting, theMeeting Manager can create andelectronic meeting from develop-ing the agenda to creating theminutes and everything inbetween.

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 mouseclick, agenda and relateddocuments are open and ready for

viewing. Using the search features,administrators and board memberscan easily locate information fromprevious board meetings. No moretime consuming, tedious searchesthrough mounds of paper!

What Else DoesCABE-Meeting Offer?

• Secure login access for boardand district staff

• Password protected access forcertain features and audiences

• Access from any location withInternet access

• Search archived agenda andmeeting related items in a flash.

• Ability to download and printattachments

• Option to provide a public linkto board meeting information

• Calendar for tracking events ofdistrict interest

Your CABE-MeetingSubscription Provides:

• Access to CABE-Meeting• Initial and ongoing training• Support and maintenance• Upgrades to the service

CABE MemberSubscriptionInformation:Initial Subscription Fee – $3,000Annual Maintenance Fee – $1,500

If you have an interestin this service,

contact Lisa Steimerat 860-571-7446

or [email protected].

(continued from page 1)tion Model and Rigor/Relevance Frame-work™, a practical planning and instruc-tional tool for determining the relevance ofcurriculum and assessment to real-worldsituations. The Rigor/Relevance Frameworkhas become a cornerstone of many schoolreform efforts throughout the United States.

Dr. Daggett is the author of numerousbooks about learning and education,textbooks and research studies, reports, andjournal articles who has spoken to hundredsof thousands of educators and educationstakeholders in all 50 states. His enlighten-ing, entertaining, and motivating messageshave helped his listeners to look at educa-tion differently by challenging theirassumptions about the purposes, benefits,and effectiveness of American schools. Dr.Daggett inspires his audiences both toembrace what is best about our educationsystem and to make the changes necessaryto meet the needs of all students in the 21st

century.Dr. Daggett has been recognized as a

distinguished alumnus by both TempleUniversity and the State University of NewYork at Albany.

Dr. Daggett has a special commitment toindividuals with disabilities. He and hiswife, Bonnie, volunteer their time and lendtheir support to Wildwood Programs inupstate New York. Wildwood serves theneeds of people of all ages who, like theirdaughter Audrey, have neurologicalimpairments/learning disabilities or autism,by enabling them to become the best thatthey can be.

Bill DaggettConvention Saturdaymorning speaker

CABE-Meeting

Another Professional DevelopmentResource Available to YOU!

We all have read the studies thattell us what we already know,because we are living it – it isincreasingly difficult to make timefor professional development. Familyand work demands are such that thereis very little extra time to go around.

Whether you are a board member,superintendent or superintendent’ssecretary CABE is making it easierfor you to access importantinformation through webinars.

Throughout the year, a variety ofCABE staff provide webinars live to thosewho register. These webinars are archivedon CABE’s website after the ‘live’presentation. If you register to participatein a live webinar, you have theopportunity to ask questions of ourpresenters via your computer as thewebinar takes place – much like a face-to-face workshop.

The current webinar offerings onCABE’s website include topics such asProfessional Governance Boards =Student Success, Legislative Update,Unemployment Compensation Costs withan Emphasis on Reasonable Assurance,Alliance District Requirements, TheAffordable Care Act and CollectiveBargaining in Connecticut’s Schools, andA Unique Perspective on CrisisCommunications and Planning, and TenBest Practices to Avoid Liability. Fordistricts with School GovernanceCouncils, there are several webinarsavailable including The Relationship

Between School Boards and SchoolGovernance Councils.

For CABE-Meeting subscriberswebinars are available on a variety oftopics for board members and thoseresponsible for creating board meetingagendas..

There is also a webinar available fordistricts interested in learning more aboutCABE-Meeting entitled CABE-MeetingOverview.

Previously recorded webinars may beaccessed 24/7 on CABE’s website athttp://www.cabe.org/page.cfm?p=354.System requirements for participating in aCABE webinar are:PC-based attendeesRequired: Windows® 7, Vista, XP or2003 Server

Mac®-based attendeesRequired: Mac OS® X 10.6 or newer

Mobile attendeesRequired: iPhone®, iPad®, Android™

phone or Android tabletWhile the staff at CABE continues toadd topics that will provide ourmembers with timely information, werecognize the value of convening agroup of people for face-to-facetraining as well. Staff will continue toprovide both forms of professionaldevelopment.

If you have a suggestion for awebinar or face-to-face training,please contact Lisa Steimer [email protected].

Sheila McKay and Patrice A. McCarthyheld a webinar addressing the impactGovernor Malloy’s budget would have onboards of education.

The Affordable Care Act and CollectiveBargaining in Connecticut's Schools.Presenters were: Attorney Richard Mills,Shipman & Goodwin, and JosephSpurgeon, MHA, Senior Health BenefitsConsultant, Milliman.

Page 8: CABE Journal - October 2014

8 The Journal – Connecticut Association of Boards of Education/October 2014

LitchfieldNaugatuck

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Page 9: CABE Journal - October 2014

The Journal – Connecticut Association of Boards of Education/October 2014 9

Available from the CABE Bookstore!

to order the FOIA bookgo to the CABE Online Bookstore at

www.cabe.org/page.cfm?p=749

Understanding theConnecticut Freedom

of Information Actand

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- Fourth Edition

Written by:Mark J. Sommaruga, Esq.Pullman & Comley, LLC

CABE BoardRecognition Awards

Board Leadership Awardand

Board of Distinction Award

The CABE Board Recogni-tion Awards are designed torecognize boards that provideeffective leadership to theirdistricts through the use of goodpractices. This program, whichacknowledges the importance ofschool board members andsuperintendents working to-gether as effective teams,continues an important trendamong school board associa-tions across the country.

The Board RecognitionAwards have been redesignedthis year.

• CABE Board LeadershipAward - Level Oneincludes 34 items and

boards need to fulfill 22 ofthese with at least threecompleted in each of thefollowing areas: board leader-ship/student achievement,board member professionaldevelopment, policy, commu-nity relations, and relatedorganizational leadership.

• CABE Board of DistinctionAward - Level Two (new thisyear) recognizes Boardswhich are truly exemplary. Tobe eligible for this higherlevel of award, the Boardmust have achieved LevelOne distinction at least twicein the past four years. Boardsmust achieve at least two

Level Two items in eachLevel Two category to receivethis award.

An optional question in LevelOne and Level Two, asks aboutwhat makes your Board’s leader-ship especially effective. Theseresponses will be printed in theCABE Journal.

The Awards will be presentedat the CABE Leadership AwardsReception at the CABE/CAPSSConvention on Friday, Novem-ber 14 at the Mystic MarriottHotel in Groton. Winning BoardChairs and Superintendents willbe notified the week of October13. All members of your board ofeducation who are attending the

Convention are welcome toattend the ceremony.

Districts receiving the award forthe first time will receive aplaque; in years following,plates for the plaque will beprovided. Winning districts willalso be honored, for one year, ona plaque that hangs in theLeonard Rovins ConferenceRoom at the CABE Office andwill be recognized in the De-cember CABE Journal.

DEADLINE for Submission:OCTOBER 10, 2014

CABE Board of Directors

At the September 9 CABE Board of Directors meeting State Board of Education members, ChairAllan Taylor, Stephen Wright, Robert Trefry and Commissioner Stefan Pryor, updated the CABEBoard of Directors on issues of interest and were asked a wide array of questions.

State Board Member Stephen Wright, Commis-sioner Stefan Pryor, Chair Allan Taylor, Rob-ert Trefry, CABE President Richard Murray andCABE Executive Director Robert Rader.

meets withState Boardof Education

Page 10: CABE Journal - October 2014

10 The Journal – Connecticut Association of Boards of Education/October 2014

Thesupremequality

of leadershipis integrity.

– Dwight Eisenhower

What traditional schools can learn from Charter SchoolsWhen the Legislature decided to

permit public charter schools in 1996, oneof the reasons given for permitting thesenew schools to operate was to providetraditional public schools with new ideasfor becoming more effective and efficient.This cross-fertilization has not been assuccessful as enactors had hoped.

The Hamilton Project, part of theBrookings Institution, “provides aplatform for a broad range of leadingeconomic thinkers to inject innovativeand pragmatic policy options into thenational debate.” In a 2012 paper, theauthors listed the following areas in whichpublic schools may learn from charterschools:• Focus on human capital

Teachers need tools to succeed,including “increased feedback fromadministrators, particularly based onclass observations. New teachersespecially benefit from professionaldevelopment” and could be providedwith systemic professional develop-ment on subjects such as classroommanagement, literacy and otherimportant subjects.

• Use student data to drive instructionThe use of data can result in “morepersonalized and more efficientlearning, allowing both teachers andstudents to track progress and to makesure that each student is on a path thatis appropriate for her. Assessments canbe used to adjust everything fromtutoring to student goals.” Data allowsus to know if a student is learning onpace and can help provide educatorswith insights as to why a student maybe struggling.

• High-dosage tutoringConsistent with personalized learning,“schools can further boost studentlearning by creating an intensivetutoring program that can targetcurriculum to the level of each student.All students should take an assessmentat the beginning of the year so that theycan be matched with the tutor andpeers most conducive to learning.”

• Extended time on taskTo make time for increased tutoring,among other changes, the amount oftime devoted to instruction should beincreased. It was suggested that “this

should be implemented both byincreasing the length of the school dayand by increasing the number of daysin the school year”.

• Development of a Culture of HighExpectationsStudents “should understand that theyare expected to succeed and that theteachers, administrators, and other staffare there to help them succeed. Thefirst week of school should be a‘culture camp,’ a time to focus on whatbehaviors and actions are conducive toachieving success.”

Now, in a follow up to the originalstudy, one of the authors of that study,Rowland G. Fryer, has written InjectingCharter School Best Practices IntoTraditional Public Schools: Evidencefrom Field Experiments. The studyconsidered the use of the “best practices”in “low performing, traditional publicschools in Houston”, by using a fieldstudy and “quasi-experimental compari-sons.”

According to Fryer, the findingsshowed that injecting some best practices

from high-performing charter schools“significantly increases student mathachievement in [traditional] elementaryand secondary schools [but] has littleeffect on reading achievement.”

The author suggests that based on thisstudy, the use of the “best practices” mayvery well help traditional schools raisestudent achievement, but there remainquestions regarding scalability and otherconcerns.

I would also caution that some of theways in which the “best practices” wereused might go far beyond what traditionalschools, such as in Connecticut, would bewilling or even able to do in light of limitson resources, law and collective bargain-ing agreements. However, attempting toreplicate the gains these charter schoolpractices provided, at least in this study,may be something that Connecticutschools may want to consider.

The 2012 study can be found at http://www.brookings.edu/~/media/research/files/papers/2012/927%20charter%20schools/thp_fryer_charters_brief.pdf

The more recent study appears in theQuarterly Journal of Economics.

Robert Rader, Executive Director, CABE

(continued from page 1)identify specific elements.

Saying that parents make the bestdecisions, Foley indicated his support formoney following the child, and forcreating an A-F grading system forschools.

Democratic Governor Dan Malloysaid ECS funding is the most importantinvestment we make. He pointed out thatonly 6 states increased their educationfunding and Connecticut was number 2.He also pointed to the 2020 additionalpre-K slots created since he has beengovernor.

Unaffiliated third party candidate JoeVisconti said he will fully fund educationand the ECS formula needs to be revis-ited. However, he said that many of theother programs that districts offer areextras and should be supported bycharitable contributions.

Common Core Standardsand Testing

When questioned on Common Corestate standards Foley said, “I supportstandards, but this has become a politicalfootball. I think we should change thename and tinker with the program. “Weneed something like common coreassessments,” he said “but I don’t think itwill be common core.”

Malloy pointed out that the districtsthat embraced the standards are doingwell, while those that didn’t aren’t doingas well. Malloy said we learned lessons

from the Task Force that he convened,and probably need to give a little moreguidance for implementation.

He noted that funds were madeavailable for district technology upgradesto support the new testing. He alsodiscussed the waiver the state received soas to not have two testing systemsadministered concurrently.

Just recently, Malloy has directed theState Department of Education to look atthe multitude of tests that 11th gradersmust or choose to take and has asked thefederal government to examine whether acollege entrance exam, such as the SAT,could satisfy the federally mandated highschool exam.

Foley supports a 3rd grade reading testand a high school graduation test, andMolloy remarked he is not a proponent oftesting in 3rd grade. Malloy opposed aRegents type of graduation exam andFoley supported an exam.

Visconti opposes the Common Corestate standards. “Right now”, he said, “Iwould stop it in its tracks”, as it createstoxic stress. He supports local standardsdeveloped with parents.

School SecurityFoley indicated that he would continue

the school security initiatives that are inplace.

Malloy discussed the approximately$45 million in funds that have gone todistricts to help with security capitalexpenses, and efforts to continue to meet

local needs in this area.Saying we live in a dangerous world,

Visconti said he would supportfunding for police or retired militarypersonnel for school security and he iscommitted to raising taxes to supportthis level of security.

Next CommissionerMalloy and Foley both identified

three qualities they would seek in thenext Commissioner of Education:- education background- collaborator- communicatorVisconti said a Commissioner should besomeone with a heart, and that he wouldask Jonathan Pelto to serve in that role.

School Board GovernanceMalloy, a former member of the

Stamford Board of Education, indicatedthat the democratic process generallyresults in school boards that work well.He said that for the most part districtsare doing the right thing, and it wouldbe wrong to pretend that there are 166bad or good boards. He said voters havea way of straightening that out.

Foley expressed support for adiverse mix on school boards, not justteachers and parents.

Visconti said boards of education are“everything”, but when bureaucracyprevents them from making a change itis frustrating.

Other IssuesMalloy expressed his belief in the

importance of public education, and hiswillingness to lead by example in support-ing funding. He has seen real progressduring some of his visits to schools. Hewould not require regionalization bydistricts, and believes school districts candetermine ways to conserve resources.

With respect to mental health issues,Malloy supports a more proactive effortto recognize and intervene with childrensuffering from mental illness.

Foley sees the role of the State Boardof Education as monitoring and analyzingthe progress of the other states. AsGovernor, he would try to solve realproblems with a focus on outcomes.

Visconti does not want to see pre-kprograms become a babysitting service.

Meet the candidates Malloy, Foley and Visconti

Page 11: CABE Journal - October 2014

The Journal – Connecticut Association of Boards of Education/October 2014 11

CABE: working for YOUIndividualized Workshops • Professional Development Opportunities

Legal Services • Policy Services • Representing You Statewide and Nationally

Below are the highlights of activities thatthe CABE staff has undertaken on yourbehalf over the last month. We did this:

➤ By representing Connecti-cut school boards on thestate or national level:

• Participated in a meeting of theConnecticut Society of AssociationExecutives (CSAE) Board of Direc-tors and Past Presidents to discuss thefuture of the organization.

• Participated in CSAE workshop onMembership.

• Attended two-day session of theConnecticut Academy for Profes-sional Learning.

• Chaired NSBA Council of SchoolAttorneys Outreach Committee call.

• Attended Connecticut Bar AssociationCommittee training session.

• Attended and participated in LEAD

Connecticut quarterly meeting whichaims at providing support for futureand current educational leaders.

• Attended Connecticut Coalition forPublic Education meeting.

• Attended PreK-3 Advisory Groupmeeting.

• Attended MORE Special EducationCommittee meeting.

• Participated in Connecticut Coalitionfor Justice in Education conferencecall.

• Attended State Department ofEducation Personalized Learningmeeting.

• Participated in State Department ofEducation discussion on PersonalizedLearning paper being developed.

• Participated in Commissioner’s Backto School meeting.

• Attended meeting of “Smart StartCritical Friends” on preschoolprograms.

• Met withGubernatorial CandidatesGovernor Malloy, Ambassador TomFoley and Joe Visconti on their viewson public education. Comments areincluded in this Journal.

• Met with the Whatwillourchildrenlosecoalition on issues to focus on theupcoming year.

• Attended Connecticut Commissionfor Education Technology meeting.

• Guest lecturer on educationalleadership at Southern ConnecticutState University.

➤ By providing servicesto meet members needs:

• Staffed Government Relations andResolutions Committee meetings.

• Met with Morgan Barth, StateDepartment of Education AssistantCommissioner for TurnaroundSchools.

• Worked on audit of the Windhamand Bloomfield Policy Manuals.

• Entered into an agreement to do anaudit of Hamden’s Policy manual.

• Completed the process of placing thepolicy manual of Bolton onlineutilizing CABE’s Connecticut OnlinePolicy Service.

• As part of the Custom UpdateService, revised policies weredeveloped for the districts of EastWindsor, Marlborough, NewHartford, Putnam, Sterling andWindham.

➤ By ensuring membersreceive the most up-to-date communications:

• As part of the development of newpolicy manuals utilizing the CustomPolicy Service, materials were pre-pared for Clinton, Cromwell, El-lington, Griswold, Newtown, NorthHaven, Stamford, Stratford, andWethersfield Boards of Education.

➤ By providing opportunitiesfor members to learn howto better govern theirdistricts:

• Demonstrated CABE-Meeting forseveral board members, the superin-tendent and staff in Derby.

• Trained new staff person in Windsoron CABE-Meeting.

• Attended CABE/CAPSS GovernanceCommittee meeting.

• Facilitated board workshop oneffective meetings for the WindsorBoard of Education.

• Provided policy information to 40districts, one out-of-state schoolboard association and one newspaper,through 58 answered requests forinformation or sample policies, on 43topics. Further, districts continue toaccess CABE’s online Core PolicyReference Manual and/or onlinemanuals posted by CABE for policysamples. The topics of greatest in-terest pertain to student attendance,concussions, technology issues, hand-books, and graduation requirements.

➤ By helping school boardsto increase studentachievement

• Provided Lighthouse training for theVernon Board of Education.

• Sent out two issues of Policy High-lights via email listserv coveringtopics that affect student achieve-ment. This included student records,enrolment of immigrant children,concussions, summer programs,special education, internet safety andimmunization.

➤ By promotingpublic education:

• Participated in CABE staff retreat.• Answered questions about the current

legal issues facing boards of educa-tion. “HOT” topics this month were:school governance bylaws, executivesession confidentiality, boardvacancy, public participation atmeetings, and email between boardmembers/FOIA.

• Met with representatives of CAPSSto work on the issue of mastery-baseddiplomas.

• Arranged meetings with the threecandidates for governor and theCABE Board of Directors.

• Developed professional developmentprogram for Chester School Boardmembers.

(continued from page 1)ways you might not expect,” according tothe Board chair.

Four years ago, Glennon said herboard was faced with a $2.2 million dollarreduction to its annual operating budgetby the city’s Board of Aldermen. “Thisdid lead to the swift closing of a schoolon the west side of town in reaction to thisreduction in funding,” said Glennon of theSimon Lake Elementary School, whichclosed in 2010.

“Those students were dispersed to thetwo bordering schools, which has createdover-crowding conditions there, while theschools on the east side of town havemore breathing room,” noted Glennon.

The closing of Simon Lake School in2010 also resulted in a reduction ofapproximately 45 staff members in total,according to Glennon. “There have beensmall reductions in teachers and parapro-fessionals and a reduction of two secretar-ies in more recent years,” she continued.“Of course, changes like this lead to muchstress across the school community—staffand parents alike.”

So far, education has not suffered—butthat could change, according to Glennon.“To this point we have mostly been ableto withstand any impact to educationalprograms but, as enrollment continues todecline, the reality is we could see impactin the coming years, especially at the highschool level,” she stated.

Milford has two high schools butconsolidating the two “is not an optionthat has broad support across the commu-nity,” according to Glennon. However,with fewer students at each high school,course offerings could be affected at somepoint.

“There is a point at which a course willnot be offered if enough students in aschool do not sign up for it,” she ex-plained. “When students are spread overtwo high schools, the pool of interest for acourse might be less than if all thestudents were in one school.”

Glennon said she has also heard“anecdotal evidence” of programs likeband (especially at the elementary level)and athletics suffering due to decliningenrollment. “Again, fewer students spreadout over many school buildings meansless participation at the building level,”she said.

In order to be proactive with respect tothe continued declining enrollment and itsimplications, in 2012, the Milford Boardcommissioned the Long Range PlanningStudy. “It was the desire of the Boardchair in 2012 to conduct a review of theschool system, in light of this decliningenrollment, so we could have a proactiveplan in place,” explained Glennon.

The study was “a community effort”that involved parents, school boardmembers, city leaders and school staff,with the firm Milone and MacBroomconsulting, said Glennon.

The study closely examined Milford’sdemographics as well as housing andenrollment data and included “an exhaus-tive review” of Milford’s facilities, whichincludes two high schools, three middleschools and eight elementary schools,according to Glennon. “The committee’sfindings and recommendations wereturned over to the Board of Education inApril 2014 and the Board has beenworking since to thoroughly review andconsider the information,” noted Glennon.

As the Board continues to review thosefindings, it may consider closing anotherschool in the near future. “Based on cur-rent enrollment and enrollment projec-tions, we could certainly close an elemen-tary school in the next year,” explainedGlennon. “Whether that will happen ornot will be determined in the next fewmonths as we complete the Long RangePlanning process.

The one given the Board has agreed onis that we must conduct a system-wideredistricting to balance the enrollment atall the elementary schools across thedistrict.”

Declining enrollment: one district’s perspective

NSBAPresident’sLeadershipInstitute

Attending the Summer President’s Leader-ship Institute from Connecticut were: (left)CABE President Richard Murray (Killingly);(far right) CABE Immediate Past PresidentLydia Tedone (Simsbury); and (center) AnneByrne, President of the National SchoolBoards Association.

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12 The Journal – Connecticut Association of Boards of Education/October 2014

CABE and Baldwin Media: Partners in Managing Communications

The Media Messagefrom Ann Baldwin, Baldwin Media Marketing, LLC

Michael P. McKeon, Esq.Pullman & Comley LLC

Connecticut’s tenure reform in the wake ofVergara v. State of California

Too many people go into a mediainterview without being properlyprepared. Whether you have fiveminutes or five days you need to takethe time to do it right. Preparation notonly helps ensure that your key messagegets out to the public, but it will alsohelp increase your comfort level whenit comes to dealing with the press.

Before participating in any interviewwith the media, there are some basicsteps you should follow. Some of thismay seem pretty basic, but as a formerreporter who now helps businesses andindividuals “deal” with the media, itamazes me how many people go intointerview situations without theknowledge they need in order to beeffective. For this month’s article, I have takena page right out of my media trainingprogram with the hope that before youor someone you know is interviewedthat they will take the time to ask thereporter, or the producer the followingquestions: What is the topic of the

interview? How can youpossibly deliver your keymessages if you don’t know whatthe reporter wants to talk about?

Where is the interview going tobe conducted? If it is a print or

radio interview is it going to be overthe phone? If so, don’t do it onyour cell phone! Or if it’s a televis-ion interview are they coming toyou?

Who is theinterviewer?Too manytimes peopleget all excitedabout doing aninterview andfail to find outwho thereporter is. Isthis person aninvestigativereporter? Istheir interview and reporting stylefierce or friendly? If you don’tknow….find out!

Who are the other guests? Thisespecially applies to the politicaland issue oriented radio and talkshows. What you don’t want tohappen is for you to show up toappear on a program and find youropposition sitting next to you andyou didn’t know that because…Youdidn’t ask.

Is the interview going to be live or

taped? This is pretty self-explanatory. Obviously the comfortlevel is usually higher with a tapedprogram because if things go terrib-ly bad, there is a chance it can be

re-recorded.When it’s live,it’s live!

Once you havethose answers,here are thequestions that youneed to askyourself:

Who is thebest person to bespeaking on the

issue? Just because you are the onewho received the call from thereporter, may not mean that you arethe best spokesperson.

What are the two or three keypoints that need to be made?There isn’t room, or time for anymore than that. Regardless of thequestion you are asked, stick toyour key messages. Prepare talkingpoints on the issue you will bediscussing. Speaking from talkingpoints will make you feel morecomfortable and allows you to have

The media has its agenda, what’s yours?Tips for Preparing for a Media Interview

concise answers on difficult orcomplicated issues.

Who is your audience? Who isit that you are trying to reach withthis information? What kind ofbehavior or influence do you wantto motivate with the people whoare reading your quotes, orviewing the program? Make surethat your message fits theaudience.

Are you ready for the toughquestions? Just because you don’twant to talk about it doesn’t meanthat it isn’t going to be asked. Asa matter of fact, it is the toughstuff that you had better beprepared for!

Finally, how did you do? Findout when the interview will bepublished or broadcast and getcopy of the final piece. This wayyou can find out what the publicsaw or heard particularly if yourinterview was edited, and you canalso evaluate your performance inthe interview.

Remember… The media has itsagenda, what’s yours?

In a 1789 letter, Benjamin Franklinmade the now oft-quoted observation that“in this world nothing can be said to becertain, except death and taxes.” Formany years, however, that certitude hasbeen equally applicable in Connecticut totenure for public school teachers.

Thus, when on June 10, 2014, a Calif-ornia Superior Court judge in the case ofVergara v. State of California struckdown California’s teacher tenure laws asunconstitutional, there was much conster-nation among members and supporters ofteacher unions.

In a nutshell, the Vergara court heldthat California’s tenure laws violated theCalifornia Constitution’s equal protectionclause because they resulted in “grossly

ineffective teachers obtaining and retain-ing permanent employment,” because“these teachers are disproportionatelysituated in schools serving predominatelylow-income and minority students,” andbecause these statutes consequentiallyviolated students’ “fundamental rights toquality of education by adversely affect-ing the quality of the education they areafforded by the state.”

Essentially, once these teachers weregranted tenure, it became next to impos-sible to dislodge them, the court notingthat “the current torturous process” forterminating teachers was “so complex,time consuming and expensive as to makean effective, efficient yet fair dismissal ofa grossly ineffective teacher illusory.”

There are similarities between Calif-ornia’s and Connecticut’s tenure laws,and Connecticut’s own “time consuming

and expensive” termination process hasoften resulted in the same hesitancy tomove against incompetent teachers.

In an effort to address this, the Con-necticut General Assembly revised Con-necticut’s tenure law — set forth in Sec-tion 10-151 of the Connecticut GeneralStatutes — most notably with respect tocases predicated upon “[i]nefficiency,incompetence or ineffectiveness,” whichhave traditionally proven to be the mostnettlesome in terms of complexity, timeand expense.

The purpose of these amendments wasto facilitate the removal of incompetentteachers, but whether they serve that goalremains an open question.

Under Section 10-151(d), a schoolboard or a committee of at least threeboard members may preside over thetermination hearing. Prior to the July 1,

2014 amendments to Section 10-151(d),either party was also entitled to requestthat the hearing instead be held beforeeither a single hearing officer or a tripar-tite panel, which was the option mostcommonly utilized.

The teachers union and the Superinten-dent of Schools each selected onemember of the tripartite panel, who, inturn, selected the third member. Theunion and the district bore the cost oftheir respective panel members and splitthe cost of the third member, an expensewhich, when added to the district’s ownlegal fees, made termination hearings acostly proposition.

The July 1 amendments seek to reducethe cost of the termination hearing byeliminating the tripartite panel, leavingthe school board, board committee, or

See TENURE page 15

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The Journal – Connecticut Association of Boards of Education/October 2014 13

1. Advocate forConnecticut’s childrenCABE’s mission is “to assist localand regional boards of educationin providing high quality educa-tion for all Connecticut childrenthrough effective leadership.”Board member education andadvocacy go hand-in-hand if thechildren are to benefit. You canbe part of advocating for all ofConnecticut’s children.

2. Exercise leadershipCABE represents nearly allConnecticut school districts, and isa powerful organization. Everyone of you is a “mover and shak-er” in your home community. Youcome from every possible politicalagenda and yet you put that asideto pull together for children. How

many other gath-erings can youthink of where over four hundreddiverse people can gather togetherfor a purpose as noble as theeducation of children? Attend theannual Convention because youwant to make things happen forConnecticut’s children.

3. Develop yourboardsmanship skillsIf you believe in education forchildren should you expect anyless for yourself? Every industryand agency believes in training.Public officials need to also realizethat their skills need to be con-stantly honed in order to remaineffective. Attend the annual Con-vention to learn new skills that willhelp you become a better schoolboard member.

4. Reenergize yourselfEach of us needs to be nudged outof the rut occasionally to help usregain the fervor we possessed asa newly elected board memberready to revolutionize education.Attend the annual Convention tobe inspired so that you can returnhome and dig in anew to makeyour district even better.

5. Find common interestsand concernsIf you thought your district wasthe only one dealing with a par-ticular issue – think again! Attendthe annual Convention to learnhow other districts are dealingwith specific issues, addressingconcerns, and implementingcurricula to meet the needs ofchildren.

6. Connect with otherboard membersThe opportunity to talk withothers who share a commoninterest is invaluable. Theannual Convention is theperfect place to meet indivi-duals who share your passionfor education. Talk one-on-onewith people who are as ener-getic, committed and caring asyou are. No one is a strangerfor long at the Convention.The annual Convention pro-vides an unprecedented forumwhere sharing and networkingoccur constantly.

7. Become familiar withthe uniqueness ofother districtsConnecticut is a diverse stateand to effectively educate all

2014 CABE/CAPSS Convention10 Reasons why you shouldn’t miss

the Annual CABE/CAPSS ConventionLisa Steimer, Senior Staff Associatefor Professional Development, CABE

See 10 REASONS page 15

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14 The Journal – Connecticut Association of Boards of Education/October 2014

The Legal Issues CornerKelly B. Moyher, Senior Staff Attorney, CABE

Ruling on rehiringretired teachers

A board of education can rehire aretired teacher or administrator to workin a “priority school district,” pursuantto Connecticut General Statutes §10-183v.

Darlene Perez, the administrator ofthe Connecticut Teacher’s RetirementBoard, asked Attorney General GeorgeJepsen whether an individual whoworked for a school district, and thenretired and received retirement benefitsfrom the Teachers’ Retirement System,could be rehired as an interim superin-tendent for the Bridgeport Board ofEducation, which qualifies as a “prior-ity,” school district, pursuant to Con-necticut General Statutes §10-183v.

The statute provides, “A teacherreceiving retirement benefits from thesystem may be reemployed for up toone full school year by a local board ofeducation… in a position… at a schoollocated in a school district identified asa priority school district.” The plainlanguage of the statute does not excludeany category of employee from re-employment.

C.G.S. §10-183(26) clearly includes“superintendent” within the definition of“teacher.”

Attorney General Jepsen concludedthat the legislature intended to includesuperintendents in the group of individu-als who can be rehired by the board ofeducation and continue to receive benefitsfrom the Teachers’ Retirement System.

“Permitting the reemployment ofretired teachers in the enumeratedstatutory situations,” wrote Jepsen,“serves the policy of making available tolocal boards of education a pool ofqualified professionals to fill short-term –but urgent – education needs.” Connecti-cut Law Tribune, 8/18/14

2nd Court of Appealsrules on staff reduction

A full-time, tenured teacher whosehours and salary are reduced to half-timemay not possess the right to written noticethat “termination” of the teacher’scontract is under consideration, pursuantto the Teacher Tenure Act, ConnecticutGeneral Statutes §10-151.

Regional School District 16 hiredCatherine Mirabilio as a full-timeteacher, and she obtained tenure. In May2011, the superintendent of RegionalSchool District 16 informed Mirabiliothat starting in September, Mirabiliowould only work half-time, because ofbudgetary constraints.

Mirabilio sued and alleged thatbecause Regional School District 16 didnot provide notice and a hearing, before itreduced her job to half-time, it violatedher due-process rights and the TeacherTenure Act. Mirabilio requested rein-statement, reimbursement of lost wagesand monetary damages.

The District Court, Chatigny, J.,granted the school districts motion todismiss. “Because plaintiff’s position hasnot been terminated or discontinuedwithin the meaning of the statute,” wrotethe District Court, “she is not entitled tothe [Teacher Tenure Act’s] pre-termina-tion protections and fails to allege acognizable due process claim.”

The 2nd Court of Appeals Circuitreviewed the case. C.G.S. §10-151(d)provides, “Prior to terminating [a tenuredteacher’s employment] contract, the

superintendent shall give the teacherconcerned a written notice that termina-tion of such teacher’s contract is underconsideration,” and the teacher willreceive the opportunity to file “awritten request for a hearing.”

The statute treats a teacher whoremains employed at a salary rate of 50percent of full-time salary as if theteacher continued to work full time.Mirabilio remained a “full-time”employee under the statute. “Becausethe reduction in hours and salary doesnot constitute a ‘termination’ underConnecticut law,” wrote the majority ofthe 2nd Circuit, “we conclude thatMirabilio was not entitled to notice or ahearing before the school board’sdecision.”

The majority affirmed the judgmentof the District Court. Judge GuidoCalabresi dissented, distinguished theprecedents on which the majorityrelied, implied that the majorityengaged in “judicial activism” andwrote that he would certify the case tothe Connecticut Supreme Court.Connecticut Law Tribune, 8/11/14

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The Journal – Connecticut Association of Boards of Education/October 2014 15

Connecticut’s tenurereform in the wake ofVergara v. Stateof California(continued from page 12)single hearing officer as the only hearingoptions. Doing so, however, also limitsthe school administration’s opportunity toobtain the factual findings required fortermination.

More specifically, although the schoolboard is strictly bound by the factual find-ings issued by the hearing body, thosefindings do not have to be the ones issuedby the panel majority; rather, even if themajority’s findings did not support atermination, the administration could stillrely upon the dissenting member’s find-ings in recommending to the school boardthat it terminate the teacher’s contract ofemployment. As there will now only be asingle hearing officer, that obviously willno longer be a possibility.

Perhaps more significantly, the July 1amendments truncated the amount of timethat can be spent on cases pertaining toincompetence or ineffectiveness, restrict-ing it “to twelve total hours of evidenceand testimony, with each side allowed notmore than six hours to present evidenceand testimony.”

The district administration bears theburden of proof, and six hours is an extra-ordinarily limited amount of time in whichto prove that a teacher – to whom thedistrict previously awarded tenure – isactually so incompetent that his or heremployment should be terminated andcareer derailed.

Recognizing this, the union might ad-amantly oppose an administration requestto extend the length of the hearing, whichthe statute permits “when good cause isshown.” At the same time, because teach-ers are on paid administrative leave duringthe pendency of the termination hearing,they have a financial interest in prolong-ing the hearing.

Additionally, the union might also needmore than six hours to defend the teach-er’s livelihood. Thus, this proposed re-form of the lengthy hearing process mightprove chimerical.

In conclusion, while the reforms toConnecticut’s teacher termination processcreate new issues while seeking to resolveold ones, these amendments are likelysufficient to bolster Connecticut’s tenurelaw against Vergara-like challenges.

Attorney McKeon is a Member of thelaw firm of Pullman & Comley LLC,which represents a number of Connecticutschool districts. Attorney McKeon has

written more extensively about the poten-tial effect of the Vergara v. State of Calif-ornia decision on the firm’s blog:Education

(continued from page 13)children, school board membersmust set the example as adultsrespecting each other. The annualConvention provides you with theopportunity to learn more abouteach other by sharing concernsand successes with other districts.

8. Become a part of the solutionAs an association we will alwayshave potentially divisive issuesbefore us. When board membersspeak from the heart and everyonegives a little to go forward, we area strong, unified voice foreducation. We come from all overthe state, we have many differentpersonal beliefs, but during theConvention we work toward

common goals to advocate forConnecticut’s children. Attendthe Convention to betterunderstand the issues so we canmove quickly towards developingsolutions together.

9. Renew old friendships anddevelop new onesIt is a great feeling to know youhave friends across the state thatyou will see periodically throughthe year. Board members arenever at a loss for conversationbecause they have the universalbond of children’s education todiscuss.

10. To divide and conquerTo gain optimum learning and tomake sure your school district getsfull value for sending more thanone board member, develop a planto divide and conquer. Examinethe agenda, select topics ofinterest and send each boardmember to a different seminarsession. Follow up and sharewhat each has learned over dinnerat the Convention or during aninformal work session back inyour district.

10 Reasons why youshouldn’t miss theAnnual CABE/CAPSSConvention

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16 The Journal – Connecticut Association of Boards of Education/October 2014