16
Connecticut Association of Boards of Education Inc. 81 Wolcott Hill Road Wethersfield, CT 06109-1242 Periodical Postage PAID Hartford, CT Vol. 17, No.1 January 2012 w w w . c a b e . o r g INSIDE THIS EDITION The board’s legislative function .......... 4 See you in Court ................................. 5 Arbitration panel awards New Haven the right to privatize a substantial portion of school custodians ............... 6 Distribution of non-school literature by students ......................... 10 King memorial dedication ................ 14 Brief supports immunity for school board attorneys ................................. 15 Center for Public Education reports on Time in School ............................. 15 See CAPSS page 9 Patrice A. McCarthy Deputy Director and General Counsel, CABE Children whose parents are in the military need our support See CHILDREN page 14 2012 Legislative Priorities Robert Rader, Executive Director, CABE CAPSS Transformation Project See PRIORITIES page 10 The wars in Iraq and Afghanistan and other deployments have been fought by a small percentage of the American people. This is probably not surprising with an all-volunteer armed forces. For those of us who have little or no connection to the military, the dangers and the sacrifices made by those who serve and their families are almost invisible. Shared sacrifices and the much greater proportion of our population that was in uniform or serving in some other capacity on the home front during World War II stands in sharp contrast to what has hap- pened in America since 2001. My father is a World War II veteran, who was am- bushed, wounded, captured and ex- changed in Brittany. He speaks about his experiences at libraries, schools and has done so at several schools in Connecticut. He always talks about how tough that time was on the home front – with Gold Star families (those who lost a child) and on his sister, who answered the door when the family was told he was missing in action. Whatever your politics on our current wars, all of us owe a debt to those who serve and protect us, whether overseas or at home. While most of us may not have been greatly impacted by the wars, there has been a huge impact on the families of the service members. Families in all states have been affected. Groton Superintendent Paul Kadri is a member of the Military Superintendents Liaison Committee, which is connected to the Military Child Education Coalition (MCEC). He invited me to attend a conference, “Living in the New Normal: Helping Military Connected Children and Youth Thrive Through Good and Chal- lenging Times,” presented by MCEC in southeastern Connecticut. MCEC is a nonprofit, world-wide organization, which is a “model of posi- tive leadership and advocacy… focused on ensuring quality educational opportu- nities [and other needs affecting military HAPPY NEW YEAR! Teacher and student at the Barnum School in Bridgeport. CABE’s State Relations Committee recently adopted the Association’s 2012 Legislative Priorities. These priorities reflect the shared state and local goal – to continue to improve student achievement. The priorities include: Funding Establish and maintain a compre- hensive funding system that supports equity and adequacy, including funding mandates. Achievement Gap Support a system where learning is the constant, not time. Increase access to early childhood programs and kindergarten. Align educator evaluation and placement systems with multiple measures of student achievement and school district reform needs. Provide support to low performing students. Maximize Resources Reduce constraints on the delivery of education and remove mandates that fail to promote student achieve- ment. Place the burden of proof in special education due process hearings on Editor’s Note: The CAPSS transforma- tion initiative, known as NextEd, contains the following recommendations. The entire report is available at www.ctnexted.org. Next month we will feature an article by CAPSS Executive Director Joe Cirasuolo on the initiative. Raise the Bar Establish globally competitive, internationally benchmarked standards in language arts (reading, writing, speaking and listening) science, social studies, world languages and the arts. Establish ambitious, focused and co- herent education standards in all major education disciplines. Ensure that our children will be glo- bally competitive by benchmarking Connecticut’s educational standards to established international standards. Measure child progress on college and career readiness standards and get pub- lic school systems and postsecondary institutions to agree on those standards. Make it Personal Personalize learning to give all students the opportunity to learn at high levels. Build instructional program on student learning needs, styles and interests. Create multiple learning pathways that enable children to master essential standards, content and skills, and offer diversity and choice in the school system. Allow children to advance through school and ultimately graduate based on their own demonstration of essential knowledge, skills and dispositions – not on the amount of time they’ve spent in the classroom. Redefine the use of time (Carnegie

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Page 1: CABE Journal January 2012

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

PeriodicalPostage

PAIDHartford, CT

Vol. 17, No.1 January 2012

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

INSIDE THIS EDITION

The board’s legislative function .......... 4See you in Court ................................. 5Arbitration panel awards New Haventhe right to privatize a substantialportion of school custodians ............... 6Distribution of non-schoolliterature by students ......................... 10King memorial dedication ................ 14Brief supports immunity for schoolboard attorneys ................................. 15Center for Public Education reportson Time in School ............................. 15

See CAPSS page 9

Patrice A. McCarthyDeputy Director and General Counsel, CABE

Children whose parents are inthe military need our support

See CHILDREN page 14

2012LegislativePriorities

Robert Rader, Executive Director, CABE

CAPSSTransformation

Project

See PRIORITIES page 10

The wars in Iraq and Afghanistan andother deployments have been fought by asmall percentage of the American people.This is probably not surprising with anall-volunteer armed forces. For those ofus who have little or no connection to themilitary, the dangers and the sacrificesmade by those who serve and theirfamilies are almost invisible.

Shared sacrifices and the much greaterproportion of our population that was inuniform or serving in some other capacityon the home front during World War IIstands in sharp contrast to what has hap-

pened in America since 2001. My fatheris a World War II veteran, who was am-bushed, wounded, captured and ex-changed in Brittany.

He speaks about his experiences atlibraries, schools and has done so atseveral schools in Connecticut. He alwaystalks about how tough that time was onthe home front – with Gold Star families(those who lost a child) and on his sister,who answered the door when the familywas told he was missing in action.

Whatever your politics on our currentwars, all of us owe a debt to those whoserve and protect us, whether overseas orat home.

While most of us may not have beengreatly impacted by the wars, there hasbeen a huge impact on the families of theservice members. Families in all stateshave been affected.

Groton Superintendent Paul Kadri is amember of the Military SuperintendentsLiaison Committee, which is connected tothe Military Child Education Coalition(MCEC). He invited me to attend aconference, “Living in the New Normal:Helping Military Connected Children andYouth Thrive Through Good and Chal-lenging Times,” presented by MCEC insoutheastern Connecticut.

MCEC is a nonprofit, world-wideorganization, which is a “model of posi-tive leadership and advocacy… focusedon ensuring quality educational opportu-nities [and other needs affecting military

HAPPY NEW YEAR!Teacher and student at the Barnum School in Bridgeport.

CABE’s State Relations Committeerecently adopted the Association’s 2012Legislative Priorities. These prioritiesreflect the shared state and local goal – tocontinue to improve student achievement.

The priorities include:

Funding• Establish and maintain a compre-

hensive funding system thatsupports equity and adequacy,including funding mandates.

Achievement Gap• Support a system where learning is

the constant, not time.• Increase access to early childhood

programs and kindergarten.• Align educator evaluation and

placement systems with multiplemeasures of student achievementand school district reform needs.

• Provide support to low performingstudents.

Maximize Resources• Reduce constraints on the delivery

of education and remove mandatesthat fail to promote student achieve-ment.

• Place the burden of proof in specialeducation due process hearings on

Editor’s Note: The CAPSS transforma-tion initiative, known as NextEd, containsthe following recommendations. Theentire report is available atwww.ctnexted.org. Next month we willfeature an article by CAPSS ExecutiveDirector Joe Cirasuolo on the initiative.

Raise the BarEstablish globally competitive,

internationally benchmarked standards inlanguage arts (reading, writing, speakingand listening) science, social studies,world languages and the arts.• Establish ambitious, focused and co-

herent education standards in all majoreducation disciplines.

• Ensure that our children will be glo-bally competitive by benchmarkingConnecticut’s educational standards toestablished international standards.

• Measure child progress on college andcareer readiness standards and get pub-lic school systems and postsecondaryinstitutions to agree on those standards.

Make it PersonalPersonalize learning to give all

students the opportunity to learn at highlevels.• Build instructional program on student

learning needs, styles and interests.• Create multiple learning pathways that

enable children to master essentialstandards, content and skills, and offerdiversity and choice in the schoolsystem.

• Allow children to advance throughschool and ultimately graduate basedon their own demonstration of essentialknowledge, skills and dispositions –not on the amount of time they’vespent in the classroom.

• Redefine the use of time (Carnegie

Page 2: CABE Journal January 2012

EXECUTIVE COMMITTEELydia Tedone

President, SimsburyRichard Murray

First Vice President, KillinglyAnn Gruenberg

VP for Government Relations, HamptonStephen Wright

VP for Professional Development, TrumbullJames Marpe

Secretary/Treasurer, WestportDon Blevins

Immediate Past PresidentJohn Prins

Member at LargeMary Broderick

NSBA President, East Lyme

AREA DIRECTORSSusan Hoffnagle, Area 1 Co-Director, Winchester

Mari-Ellen (Mimi) Valyo, Area 1 Co-Director, WinchesterDaniel Santorso, Area 1 Co-Director, Plymouth

Becky Tyrrell, Area 2 Director, PlainvilleLaura Bush, Area 3 Director, Vernon

Gavin Forrester, Area 6 Co-Director, StratfordElaine Whitney, Area 6 Co-Director, Westport

Michael D’Agostino, Area 7 Co-Director, HamdenRobert Guthrie, Area 7 Co-Director, West Haven

Sheila McCreven, Area 7 Co-Director, WoodbridgeJohn Prins, Area 7 Co-Director, Branford

Robert Ruggiero, Area 8 Director, MadisonGail MacDonald, Area 9 Director, Stonington

CITY REPRESENTATIVESBob Trefry

City Representative, BridgeportMichael R. Nast

City Representative, New HavenPolly Rauh

City Representative, StamfordCharles Stango

City Representative, Waterbury

COMMITTEE CHAIRSRobert Mitchell, Chair, State Relations, Montville

Beverly Washington, Chiar Federal Relations, Groton

Lydia Tedone

2 The Journal – Connecticut Association of Boards of Education

PRESIDENT COMMENTARY

CABE Board of Directors

A call to action and I’m calling you!

ASSOCIATESEileen Baker, Associate, Old Saybrook

Sharon Beloin-Saavedra, Associate, New BritainGary Brochu, Associate, Berlin

Cal Heminway, Associate, Granby

STAFFRobert Rader, Executive Director

Patrice McCarthy, Deputy Director and General CounselBonnie Carney, Sr. Staff Associate for Publications

Nicholas Caruso, Sr. Staff Assoc. forField Service and Coord. of Technology

Sheila McKay, Sr. Staff Associate for Government RelationsKelly Moyher, Sr. Staff Attorney

Vincent Mustaro, Sr. Staff Associate for Policy ServiceLisa Steimer, Sr. Staff Assoc. for Professional Development

Teresa 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 Relations

Veronica Martinez, Admin. Asst. for Membership ServicesWilmarie Newton, Admin. Assoc. for Labor Relations

Corliss Ucci, Receptionist/Asst. to the Executive Director

The CABE Journal (ISSN 1092-1818) is publishedmonthly except a combined issue for July/August asa member service of the Connecticut Association ofBoards of Education, 81 Wolcott Hill Road, Wethers-field, CT 06109, (860) 571-7446. CABE member-ship dues include $30 per person for each individualwho receives The CABE Journal. The subscriptionrate for nonmembers is $75. Association membershipdues include a subscription for each board member,superintendent, assistant superintendent and busi-ness manager. The companies and advertisementsfound in The CABE Journal are not necessarilyendorsed by CABE. “Periodicals Postage Paid atHartford, CT.” POSTMASTER: Send address changesto 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

CABEDay on the Hill

March 14, 20128:30 am

The Bushnell,Hartford

More informationwill be mailed in mid-January.

On November 18, 2011 I was honoredto be elected President of CABE. My firstduty was to present my thoughts at theCABE/CAPSS Convention. Here aresome excerpts from that speech.

“A call to action.” And I am callingyou. Because it’s a privilege to be part ofthis organization. Our organization.I know first-hand being on a board ofeducation is not easy. Whether you havejust won your re-election or been ap-pointed as a new board member, Icongratulate you for answering “the call.”

We take a beating from time to time,from our constituents, the media, thosewho sit in the Legislature and even theGovernor’s Office. If you recall, it’s beenmentioned repeatedly that this will be “theYear of Education.”

Each of us should be proud andhonored of the work we do, collaborative-ly, collectively and individually, whetherat the Board table, in the community, atthe state or national level, as a guestspeaker to a High School Civics class orinvited to read your favorite book to anelementary class.

When times are tough, each of usshould realize that our individual Boardsof Education serve a critical function in

our democracy and more importantly inthe education of our young people wechoose to serve, year after year. We arethe local “governance” not the local“control.”

As school board members, we overseeorganizations that spend billions inConnecticut’s taxpayer’s dollars and em-ploy thousands of people in our state.

There are more than 1,400 dedicatedcitizens serving in our Connecticut publicschool districts and we board of educa-tion members represent the largest elect-ed body in our state.

Over the next two years, my personalgoal as President of CABE is to harnessour collective power and help bring aboutmore positive change in our educationalsystem in Connecticut. Together, we canmake that difference not only for ourstudents of today, but more importantlyfor their future.

We should no longer think of our-selves in terms of “what makes us differ-ent.” We need to be proactive in what‘makes us the same’ in education. Nomore thinking as the two Connecticut’s.No more high wealth versus low wealth.No more urban versus suburban versusrural.

We need to focus on what ties us

together as board members – all thestudents we serve.

This is why I am adopting as mytheme: “Leadership through Advocacy.”To be effective in our roles, we mustidentify the opportunities for change andgrowth, and address them collectively.

You can begin answering my call toyou by serving on CABE’S State Rela-tions or Federal Relations Committees.Or by attending with your fellow boardmembers CABE’s Day On The Hill onMarch 14. Or testifying before our StateLegislature, or even attending meetings ofthe Governor’s Education Task ForceCommittees at the Legislative OfficeBuilding. Or, all of these!

Events such as these should be asimportant as your local board meetings.Take your role as an elected official be-yond your district boardroom. Becomingan advocate for your schools, for yourstudents and your communities has to be apriority if we want to foster the positivechange in our educational system for thefuture.

As elected officials, we have a respon-sibility to establish relationships and on-going dialogues with our state and federallegislators. I truly believe, that together,our combined membership can make that

difference for our students, our teachersand even our taxpayers.

Too much is at stake before us – wecan’t afford to sit on the sidelines asWashington and Hartford decide the fateof our students, our schools and communi-ties. The voice of our Connecticut schoolboards needs to be heard loud and clear.We can accomplish that goal by embrac-ing the theme of “Leadership ThroughAdvocacy.”

Find your “call to action” as a boardmember. Develop your passion in educa-tion. Ask for support from your stateAssociation. You have the ability to fulfillyour role to the highest ability, not only onbehalf of public education but more im-portantly, the students of Connecticut.

Page 3: CABE Journal January 2012

Robert Rader

BUSINESS AFFILIATESDIAMOND MEMBER

Finalsite

GOLD MEMBERSBerchem, Moses & Devlin

Connecticut Business SystemsShipman & Goodwin

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

Sullivan, Schoen,Campane & Connon

EXECUTIVE DIRECTOR COMMENTARY

CABE Affiliate Members

The Journal – Connecticut Association of Boards of Education 3

South Korea’s situation suggests need for “real” conversations

BRONZE PLUS MEMBERSThe S/L/A/M Collaborative

Suisman, Shapiro, Wool, Brennan,Gray & Greenberg

Whitsons School Nutrition

BRONZE MEMBERS

Nathaniel G. Brown, LLCChinni & Meuser LLC

Dattco Inc.Fuller & D’Angelo

Architects and PlannersJCJ Architecture

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

Muschell & Simoncelli

SILVER MEMBERSAnthem Blue Cross and Blue Shield

Corporate Cost ControlLindberg & Ripple Inc.

Quisenberry Arcari ArchitectsThe Segal Company

Trane

BRONZE PLUS MEMBERSBlue Ribbon LLCBrown and Brown

Fletcher Thompson ArchitectsFriar Associates

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

O & G Industries

EDUCATIONALAFFILIATES

American School for the DeafArea Cooperative Educational Services

Capitol Region Education CouncilConnecticut Association ofSchool Business Officials

Cooperative Educational ServicesConnecticut Center for School Change

Connecticut EducatorsComputer Association

Connecticut School Buildingsand Grounds Association

EASTCONNEDUCATION CONNECTION

LEARN

Even as districts are examining theirroles as we move into another toughbudget season, comparisons to otherstates and countries remain an importantpart of learning what does and doesn’twork.

The December 5th issue of Timemagazine had a fascinating article oneducation in South Korea. This countryhas scored at the top against all othercountries in reading and math. PresidentObama and Secretary of Education ArneDuncan “speak glowingly about theenthusiasm South Korean parents have foreducating their children, and they lamenthow far U.S. students have fallen behind.”

But, at what cost to the people ofSouth Korea?

The author of the article, AmandaRipley, gives a stunning look at what lifeand instruction is like for these Koreanstudents. She writes about studentssleeping in class so that they can stay uplate studying and stores selling specialpillows that go on students’ forearms tomake that sleeping more comfortable.

Numerous students attend “hagwons”,which are after hours tutoring academiesand take the year off after high school andattend hagwons to help them improvescores on college admissions tests. Thereare now curfews (10 p.m.) and policeeven raid the hagwons so students aren’tup all night.

The author, who visited a hagwon,wrote that it was in a “warren of smallstudy rooms with low ceilings andfluorescent lights, [where] about 40teenagers sit at small individual carrels.The air is stale. It is a disturbing scene,sort of like a sweatshop for children’sbrains.” (My emphasis.)

The typical academic schedule beginsat 8 a.m. and ends sometime between 10and 11 p.m., depending on the ambition ofthe student. There are more after schoolinstructors in the country than regularteachers.

“Cramming” and extremely high

admissions standards to college has longbeen part of Korean culture. But,Koreans now are trying to change things.Their problem is that the incentives towork brutally hard and get into a presti-gious university are still high.

Interestingly, Ms. Ripley believes thatthe parents will be the hardest people toagree to change and that it’s sometimesdifficult to know who is doing thecompeting – the students or their parents.In one case nearly50 years ago, aschool entranceexam was given inwhich the studentswere asked aboutthe ingredients intaffy. The examapparently con-tained two rightanswers, but onlyone was counted ascorrect. To protest,parents startedcooking taffyoutside governmentoffices. The ViceEducation Minister and Seoul’s educationsuperintendent both resigned as a result.

Lessons for Us – Need forReal Discussion!

So, what does this that tell us aboutwhat we should be focusing on in Con-necticut?

Balance. It is critical that we balancethe demands we put on students with theirneeds as youngsters:

• We need a real discussion abouthow to take advantage of theAmerican ability to help studentsdevelop their creativity. Asiancountries who do so well onstandardized tests are trying to copythe parts of our system that lead tomore development of the individual,while we seem to be moving more

towards the “one size fits all”mentality of the Asians.Shouldn’t we figure out how best

to take advantage of this Americantrait and strengthen how we teach it?Music, art, drama, foreign languageability are rarely, if ever, testedinternationally, because they’re sodifficult to judge and because theyare so individualistic. But, isn’tensuring the “whole child” is

educated the job ofevery board?• With all of thediscussion of theschool calendar inevery districtbecause of our twinstorms in the fall, theissue has been onwhich days studentsmay have to come toschools. Cut winteror spring vacations?Go longer into June?

Isn’t the questionwe should really beasking, once we get

past this year’s “freak”, which daysissues, is how much schooling isnecessary for a child to successfullymaster the things he or she will needto lead a productive life? Onehundred eighty days may be the law,but, just as our calendar was set bythe need to have children availableto harvest in the summer, isn’t itnow critical that we examine theglobal marketplace today and whatour children must do to be success-ful and the time required to fulfillthis responsibility?Boards have a primary responsibil-

ity to ensure quality instruction.That is much more important thanhow long or hard a school day is. Ifthe teacher is teaching children well,they will learn more. All the hoursin the day will not offset badinstruction.

Take a look at NSBA’s Center forPublic Education’s report (seearticle page 15) on how we comparewith other countries regarding theschool year.

• How about what accountabilityreally means – for students, teach-ers, school staff and, yes, schoolboards? In Korea apparently it is sodifficult to get into schools thatstudents are worked ridiculouslyhard. Accountability and perfor-mance are based on tests… so muchso that the society is trying to pushaway from that.

Back in Connecticut, a better eval-uation system for administrators andteachers is something that boardsand unions are discussing, both atthe state level and locally. Realevaluations must be relevant andvalid in order to both help thosewho need help to improve and toprovide a fair system to determinewhose services must be terminated.

What does accountability mean forour boards? Certainly there is ac-countability at the ballot box, butthere is also a need for boards toself-assess and determine whetherthe board is providing the best pos-sible education so that all childrencan grow.

It is time that we have some realconversations on how to retain our currentadvantages and ensure balance in what weexpect of our students, our teachers, ouradministrators and our boards of educa-tion. I urge all boards and their superin-tendents to discuss these critical issues.

“Real evaluations mustbe relevant and validin order to both helpthose who need helpto improve and to pro-vide a fair system todetermine whose ser-vices must be termi-nated.”

Page 4: CABE Journal January 2012

4 The Journal – Connecticut Association of Boards of Education

Vincent A. MustaroSenior Staff Associate for Policy Service, CABE

The board’s legislative function

Board members, both newly electedand experienced, must remember thatamong the main responsibilities of schoolboards are planning, evaluation andmaking policy, a legislative function. Themost important and continuous task is thatof legislating, or adopting, policy.

Policy establishes and defines generalgoals and specific objectives of the schooldistrict. Good policy provides directionand compels action for successful educa-tional programs and related services.

School boards set policy each time avote is taken on a course of action orindicates what the board wants to seehappen and establishes acceptable para-meters for the operation of the schooldistrict.

The philosophy, goals and positions ofthe board should be through resolution ofan issue. The proper use of organizedwritten policies is a major differencebetween an efficient, well-informed boardand a board experiencing frequentturmoil.

Policy provides directionPolicy reflected in policy. Policy also

provides direction and assigns responsi-bility to district staff which helps to en-sure a quality educational program forstudents. However, all too frequently,

board policy is one of the most neglectedareas in school governance.

A fragile balance exists between boardpolicy-making and administrative mana-gerial roles. Policy does not mean detaileddirections for operating the school systemor a specific program. Such specificitybelongs in the administrative regulationswhich accompany many policies.

Policy governancePolicy is the governance tool the state

has granted to local boards of education.Boards need to establish written, effectivepolicy to appropriately execute thatauthority. The policy function is basedsquarely on the tasks of planning anddelegating as opposed to “doing.” Thetime and experience of board members isbetter used when the policy function ofthe board is a priority.

This requires judicious use of effortand information correlated with the deleg-ation of and the accountability for assign-ed tasks. Policy should be designed toconcentrate efforts to produce desired andbetter results, with a focus on studentachievement.

Policy statements should be clearly andconcisely written and be easily understoodby all those affected. Policies need to beworkable. Vague or very general policieswill not give sufficient guidance, whiletoo much specificity may plague thedistrict with administrative red tape. Also

to be in compliance with a policy, peoplemust be aware of its existence.

Policy implementationThe implementation of board policy is

the responsibility of the administrationand staff. The board of education, thelegislative and policy-making authority,hires the superintendent to administer orimplement the adopted policies. Thesuperintendent is responsible for develop-ing administrative regulations, also knownas procedures or guidelines, to effectivelyimplement board policy within estab-lished parameters.

These administrative regulations detailthe manner in which the board policiesare to be implemented. The superinten-dent, a professional policy implementa-tion ex-pert, also recommends policy andhas the responsibility of helping boardsfollow policy and stay within the param-eters of the law.

Policy communicationsand dissemination

Communicating and disseminatingboard policy are important aspects ofpolicy development. For maximum re-trieval and effect, policies should beorganized in a manual and codifiedaccording to a simple, subject-relatedclassification system that accommodatesaccess and promotes understanding.

The manual should be easily accessed.Such access can be greatly facilitated byplacing it online on the district’s website.CABE’s Online Policy Service can assistboards with the placement of its manualonline with an easily searchable format.

A major purpose of policy is clarifyingroles and responsibilities within thedistrict and establishing boundaries withinwhich they are accomplished. Adoptedpolicy must clearly express the board’sintent concerning the responsibilities ofthose to whom it delegates authority.

Well-written policies provide directionto the superintendent without usurpingprofessional judgment and allow discre-tion in dealing with the district’s day-to-day occurrences. Clear, well-definedpolicies also serve as the basis foraccountability and evaluation of programsand employees, which are used to govern,

assess and improve the educationalprogram provided by the district.

Policy must comply with lawsBoard policies carry the weight of law

and serves as a legal record. Therefore,policies must comply with applicablefederal and state statutes and regulations,State Department of Education regula-tions, judicial decisions and negotiatedcollective bargaining unit agreements.

Maintaining an accurate, current policymanual can be viewed as legal insurancefor a school district. Policies which arenot in compliance with current law andcorresponding regulations are useless,possibly illegal and potentially dangerous.Keeping policies up-to-date demandsawareness of necessary changes and amethod of implementing those changes.

It is necessary to constantly monitordevelopments in the law and draftappropriate updates on a timely basis.CABE’s Update Services can help infulfilling this major responsibility.Designating a place on the board’s agendamonthly for policy is one way to ensurethe district’s policies remain current.

The best policies are the result ofcooperation and communication amongthe board, district staff and community.The board should establish and use apolicy development cycle.

Leadership roleThe superintendent, as the educational

leader, normally has the leadership role inpolicy development, review and revision.Throughout the policy process thesuperintendent or a designee serves as theinformation conduit between board andstaff.

The board’s policies, when carried outeffectively and responsibly, are the bestway to provide effective and efficientschool programs for children. They arealso an excellent way to communicatewhile representing the citizens of yourrespective school district.

Legislating policy is, and should be,one of the primary roles and responsibili-ties of a board. CABE’s Policy Service isprepared to assist new and experiencedboard members in meeting this responsi-bility.

CABE presented at MASC Annual Conference

Lisa Steimer, Senior Staff Associate forProfessional Development, CABE, presenteda workshop on CABE-Meeting theAssociation’s “paperless” board meetingtool, at the Massachusetts Association ofSchool Committees’ Annual Conference.

Patrice A. McCarthy, Deputy Director andGeneral Counsel, CABE, presented aworkshop on “Staying Out of Legal Trouble”.

Page 5: CABE Journal January 2012

See You in Court – The Nutmeg Board of Education

The Nutmeg Board deals with the role of the board chair and FOI Act

Thomas B. Mooney, Esq.Shipman & Goodwin

The Journal – Connecticut Association of Boards of Education 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 education andmuch, much more

You can call CABE at 860-571-7446 or 800-317-0033and reserve your copy NOW!

We will ship them out as soon aswe receive them from the printer.

Seventh Editioncoming in January

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.

It had been a hard fought election forBoard Chairperson. Of the nine membersof the Nutmeg Board of Education, fivewere new. After many years on theBoard, Veteran Board member BobBombast finally saw an opening tobecome Chairperson, and he went for it,big time. He sent a barrage of emails tothe new Board members, even before theywere sworn in.

Bob tried everything to persuade thenew members to support him for BoardChairperson. He promised committeechairmanships. He told them how happyhe was finally to be serving with intelli-gent people. He even raised questionsabout whether the current Chairperson hasa drinking problem. Unfortunately forBob, however, two of the new Boardmembers had no interest in giving Bob a

bigger stage for his drama. When thevote was finally taken, Mr. Chairpersonwas reelected by a five-to-four vote.

Mr. Chairperson had a chance to begracious in victory, but it was not to be.He decided to teach Bob and his follow-ers a lesson. Mr. Chairperson appointedhis supporters to all of the committeechair positions, and though Bob hadchaired the Personnel Committee formany years, that assignment was given toanother Board member. Bob and hissupporters were out in the cold.

Bob did not take these developmentslying down. The Board’s Bylaws providethat, at the end of each meeting, Boardmembers have an opportunity to proposenew agenda items for the next meeting.When the Board came to that part of theagenda, Bob’s hand shot up. Mr. Chair-person tried not to notice Bob, but Bob’svocalizations while waving his hand madeit impossible to do so, and he recognizedBob.

“We need to add an agenda itemlimiting your authority,” Bob stated.“You aren’t God, you know! We need togive power back to the people.”

“That isn’t going to happen. TheBoard elected me Chairperson, and withthat office come the prerogatives of the

Chair,” Mr. Chairperson responded.“Changes to our Bylaws will be consid-ered only if and when I decide to proposethem.”

On this acrimonious note, Mr. Chair-person banged his gavel to end themeeting. But Bob was not done. The

necessary or is requested inwriting so to do by three of itsmembers. If no meeting is calledwithin fourteen days after such arequest has been made, one maybe called by any three membersby giving the usual written notice

“Whenever . . . any Board member receives a copy ofany email relating to Board business, even one frompersons not on the Board, that email becomes a pub-lic record.”

next day, Bob delivered a handwrittenpetition signed by him and the three newBoard members who had supported him.

The petition demanded that Mr.Chairperson place on the agenda Bob’sproposals to amend the bylaws to restrictthe authority of the Chairperson. How-ever, Mr. Chairperson laughed and shot anemail to the four Board members, tellingthem to “give it up.”

Then Bob announced by email that hewas calling a meeting himself. He evenposted an agenda in Town Hall thatincluded two items, “Amendment ofBylaws and Removal of the Board Chair.”

By this time, Mr. Chairperson’sretaliatory behavior had antagonized therest of the Board members, even hisformer supporters. As a result, everyonebut the Chairperson attended the meetingBob had called.

Do these eight Board members havethe right to take action at this “meeting”?

Board members should serve theircommunities better than did either Bob orMr. Chairperson here. However, thissituation reminds us that the role of thechair is to facilitate board operation, notto control it.

Control of the agenda is a criticalfunction because boards of education canact only by addressing agenda itemsthrough votes at publicly-called meetings.By establishing appropriate agendas,boards of education can assure that theyoperate in an effective manner.

For most boards of education, thebylaws address the process of setting theagenda. Typically, the chairperson and thesuperintendent set the agenda for thecoming board meeting. In so doing, thechairperson and superintendent should berespectful of the wishes of other boardmembers.

Board meetings should not get boggeddown with pet agenda items supportedonly by a few members. But here Mr.Chairperson was thwarting the will of asignificant number of Board members.

A longstanding statutory provisiongives guidance on when a matter shouldbe included on the agenda. ConnecticutGeneral Statutes Section 10-218 providesin relevant part:

“The chairperson of the board ofeducation or, in case of suchchairperson’s absence or inabilityto act, the secretary shall call ameeting of the board at leastonce in six months and wheneversuch chairperson deems it

to the other members.”A meeting is simply a series of agenda

items, and thus this provision appears tomean that three board members canindependently call a meeting on anagenda item, as Bob did, if the chairper-son will not include that agenda item in aregular or special meeting.

However, three board members alonewould not create the quorum necessaryfor action, and thus this approach wouldwork only if the three (or more) memberscalling such a meeting can get a quorumof the full Board to the meeting.

Agenda items also raise Freedom ofInformation Act issues. Under the FOIA,the agenda item must “fairly apprise thepublic of the business to be conducted.”Thus, some specificity in describingagenda items is important. “Boardoperations,” for example, would be overlyvague.

However, an agenda item that is overlyspecific can be equally problematic. Ifthe agenda item is “Discussion of” aspecified topic, board action on that itemwould not be proper. A general formula-tion of “discussion and possible action on. . .” the agenda item avoids this problemand permits the board to action when itwishes.

More generally, board bylaws describethe authority of the board chair. Oftenbylaws provide that the chairpersonappoints committee members and/orchairs of committees. Sometimes, thatauthority is subject to board approval,sometimes not. The significant point hereis simply that the board itself throughbylaw determines what authority todelegate to its chair.

Finally, Bob Bombast and other Boardmembers must remember that every emailthey send that pertains to the business ofthe Nutmeg Board of Education is apublic record under the Freedom ofInformation Act. Interestingly, emailsexchanged by the new Board membersbefore their election are not subject todisclosure under the FOIA, because theywere not public officials until they aresworn in.

But whenever Bob or any other Boardmember receives a copy of any emailrelating to Board business, even one frompersons not on the Board, that emailbecomes a public record.

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 January 2012

6 The Journal – Connecticut Association of Boards of Education

Arbitration panel awards New Haven the right toprivatize a substantial portion of school custodians

Floyd J. Dugas, Esq.Berchem, Moses & Devlin

In what will no doubt be viewed as alandmark decision, an interest arbitrationpanel has issued an award which willallow the New Haven Public Schools toprivatize 86 of the 186 positions in itscustodial and maintenance union, and inthe process save nearly $4 million dollars.

Faced with skyrocketing pension andhealth insurance cost which are expectedto outpace the growth in revenues overthe foreseeable future, the City of NewHaven and its Board of Education wereforced to look for ways to substantiallycut operating costs. Having already laidoff nearly 300 employees over the lasttwo fiscal years, the Board and the Citybegan to look at other options.

Among the options considered wasoutsourcing services that could continueto be provided at a substantial savings.An option that emerged was the outsourc-ing of school custodial and related ser-vices, which cost the Board $16 millionper year. As a result of an RFP, the Boardfound a national firm willing to performthe same services for just $8 million,which would mean a net savings to the

budget of $8 million per year.Although the Board had contract

language which arguably provided it withthe right to unilaterally subcontract thiswork, given the State Board of LaborRelations propensity torequire that suchlanguage be crystalclear, and the consen-sus that the languagecould be construed asless than so, the Boardmade the tacticaldecision to propose innegotiations clearerlanguage whichunequivocally gave itthe right to subcontractunion work.

Not surprisingly, theunion, an AFSCMELocal, refused toengage in any mean-ingful discussion of theissue, and as a result,the case went into binding interestarbitration. What followed was a nearlyyear- long battle, complete with picketingfeaturing the likes of Al Sharpton, and

“The decision is not-able in that it is one

of, if not the firsttime, a state arbitra-

tion panel hasawarded sweeping

rights to a municipal-ity to privatize unionwork in an effort to

save money.”

which included angry outbursts during theproceedings.

In the end, the Board’s last best offerproposed that 86 of the 186 jobs would beoutsourced, rather than the entire unit. In

other words, a corecomponent of districtemployees wouldremain in place and besupplemented by non-union employees.Faced with a choicebetween the compro-mise position of theBoard, and the refusalof the Union to offerany meaningfulsolution, the Panelselected the Board’sposition.

In addition tothe right to subcontracta substantial number of

positions, the Board also won theelimination of a number of contractprovisions which were consideredimpediments to operating efficiently. Italso achieved a number of materialchanges in the areas of pension andhealthcare, including the elimination ofretiree health insurance for new hires.

The decision is notable in that it is oneof, if not the first time, a state arbitrationpanel has awarded sweeping rights to amunicipality to privatize union work in aneffort to save money. Whether the NewHaven award is the result of the prover-bial perfect storm, or is a harbinger ofthings to come, has yet to be seen. Itdoes, however, provide strong precedentfor other Towns/Cities and Boards ofEducation looking for ways to deliverservices in a more economical way inthese difficult economic times.

CABE held its Delegate Assembly onNovember 17, preceding the annual CABE/CAPSS Convention, to vote on resolutionsthat are our guiding principles. Inpreparation for the Delegate Assembly,CABE’s Resolutions Committee met twiceover the summer to discuss modificationsto existing resolutions as well as proposedresolutions submitted by member schoolboards.

Among the resolutions discussed wereeducation finance, 21st Century schools,special education burden of proof, universalpreschool, mandates, technical high schools,and nonpartisan boards of education.

CABE holds Delegate AssemblyUpdates were provided on the state taskforces currently discussing the achievementgap, education cost sharing formula,technical high schools, and secondaryschool reform.

CABE’s State Relations Committee metin December to identify legislative prioritiesfor the upcoming session.

Watch your mail in January for a copyof the State Agenda describing the positionsof the Association; and plan to attend Day-on-the-Hill – March 14, 2012.

Patrice A. McCarthyDeputy Director and General Counsel, CABE

Delegates voting on resolutions before the Delegate Assembly on November 17.

Page 7: CABE Journal January 2012

The Journal – Connecticut Association of Boards of Education 7

Lisa SteimerSenior Staff Associatefor Professional Development, CABE

CABE-Meeting

Learn more:

CABE-Meeting is a user-friendly, web-based servicespecifically designed to assist the board, superintendent andcentral office staff in preparing for and running board ofeducation meetings.

• Do you want to save yourdistrict money?

• Do you want to utilizetechnology to enable staffto be more efficient?

• Do you want to focus moreof your human andfinancial resources onincreasing studentachievement in yourdistrict?

• Do you want to enhancecommunication with yourcommunity?

• Do you want to model themethods that should beused to infuse technologyin your schools?

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

Take a few minutes and go tohttp://www.cabe.org/page.cfm?p=158 to completeour CABE-Meeting costanalysis worksheet (located atthe bottom of the page) andsee how much your districtcan save in one year. Districtscan save thousands ofdollars each year by usingCABE-Meeting.

For more information or toschedule a demonstration foryour board, call Lisa Steimerat 800-317-0033 or 860-571-7446 or [email protected].

CABE-Meeting

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

Is CABE-Meeting for you?

Never put off until tomorrowwhat you can do the day after

tomorrow - Mark Twain

Many a procrastinator could havewritten that quote, but may not havegotten to it right away. Unfortunately,procrastination is a reality that plagues alltoo many. Psychology Today says thattwenty percent of us are procrastinators.

Certainly, many procrastinate to somedegree by simply putting off unattractivetasks or more likely, because there isalready too much on the plate.

Most procrastinators don’t like toprocrastinate. They don’t like the stress itcreates nor do they like that naggingfeeling that there are things left undone.Even when not working on a project thatis on deadline, it is pretty certain that theprocrastinator is thinking about it.

Why procrastinate?Procrastination does not translate into

laziness or inefficiency. It is a developedhabit and it can be overcome.

Why do the twenty percent identifiedby Psychology Today procrastinate to thepoint where they are discouraged oroverburdened by their actions (orinaction)?

It is no surprise that a number ofuniversities have online resources dealingwith procrastination. The Writing Centerat the University of North Carolina atChapel Hill cites several that include:

• Fear of failure• Fear of success• Fear of losing autonomy• Expectation of perfection

Others sources cite reasons such as:• Feeling overwhelmed with a

situation• Given up hope that a situation can

be changed or affected• Can’t make a decision• Overworked or tired• Want to avoid work you don’t like

Is there a fix?How can overcoming procrastination

help board members and their boards?An article from Lifehack.org offers somepractical advice adapted for boards ofeducation.

1. Get clear about what you want.Do a board goal setting session.Once you have the list, cut it downto the top ten, then down to the topfive, and then the top three that arealigned with the district’s strategicplan.

2. Delete or delegate from your to-

do list those things that don’t relateto your top goals. Boards should notbe micromanaging. Be clear aboutthe role of the board and the role ofthe superintendent. Stick to theseroles.

3. Plan your week just enough toschedule in the big things youknow you want to get done.Sometimes procrastination happenssimply because a task is notscheduled. Be sure to include timeto review your board packetthoroughly and to take care of anycommitments you have made toyour fellow board members or thesuperintendent.

4. Just do it, but don’t overdo it. Weoften put pressure on ourselves todo certain tasks more often than wereally need to. Give yourself a breakand set a schedule for these thingsthat is not overwhelming. Berealistic in assessing the frequencywith which tasks need to be done.

5. Break down big tasks into smallerpieces. We procrastinate on tasksthat are vague and nebulous becausewe don’t have clear idea of what todo next. Break down a larger taskand schedule it into your calendar inpieces. Be clear and concise.

6. Believe in yourself, your boardand in your ability to accomplishanything you want. A little bitdone every day adds up to a lot overa year. At the end of the year youcan reflect on the accomplishmentsthat have added up over time.

7. Celebrate. Celebrate yoursuccesses, big and small, along theway. Your successes deserve to becelebrated and celebration will giveyou fuel to keep moving forward.

The New Year is a great time torefocus and attempt to eliminate the crazycycle of procrastination. If you areinterested in scheduling a board goalsetting session, contact the CABE Officeat 800-317-0033 or 860-571-7446.

CondolencesCharles G. Crump, III, a

former member of the WallingfordBoard of Education and Presidentof CABE in 1967-68 died recentlyat the age of 95. He was a tirelessvolunteer in the Wallingfordcommunity. CABE extends ourcondolences to his family.

Patrice A. McCarthyDeputy Director and General

Counsel, CABE

Page 8: CABE Journal January 2012

8 The Journal – Connecticut Association of Boards of Education

New Board Member Orientationand Board Leadership Conference

CABE Executive Director Robert Rader discusses School Governance Councils.

Pre-Conference

CABE Deputy Director and General CounselPatrice A. McCarthy discusses schoolfunding.

CABE Senior Staff Associate for GovernmentRelations Sheila McKay updates participantson the latest legislative news.

Elsa Nunez, President, Eastern ConnecticutState University addressed a joint session ofthe two groups and talked about closing theachievement gap.

Chair of the State Board of Education AllanTaylor talked about the future of publiceducation in Connecticut. Robert Rader, Executive Director, CABE moderated a discussion of roles and responsibilities of

board members and superintendents. Leading the discussion were CABE President LydiaTedone (Simsbury) and CAPSS President Judy Palmer (Region 7).

CABE Senior Staff Associate for Policy ServiceVincent Mustaro discussed the board’s policyrole.

CABE Senior Staff Attorney Kelly Moyhertalked about some of the legal issues thatpertain to board members.

CABE Consultant Robert King talked aboutcultural responsiveness.

President of Baldwin Media Ann Baldwinshared some tips to get the media on yourside.

More photos on page 10

Page 9: CABE Journal January 2012

The Journal – Connecticut Association of Boards of Education 9

Make sure youvisit the new

CABE website!!!

Fresh New Look

Easier to Navigate

New OnlineBookstore

More Multi-Media Content

Access to CABEJournal Archives

(continued from page 1)unit/calendar) in order to support apersonalized learning system; makeachievement the constant and time thevariable. Allow students to learn any-time, anywhere.

Start with Early ChildhoodMake quality early childhood experi-

ences available to all three- and four-year-olds in order to get all children ready tolearn as they enter kindergarten.• Make quality preschool education

universally available in Connecticut.• Reallocate state funding and alter

educational policy so that programs arepositioned for measurable success atraising oral language, reading andnumeracy skills.

• Establish a structural relationship be-tween preschool and the K-12 system.

• Provide a challenging all-day kinder-garten program to all children.

Retool Assessmentsand Accountability

De-emphasize standardized tests andcreate new methods of assessments togive students choices for how and whenthey demonstrate their knowledge andskills.• Adopt a more varied system of assess-

ment to account for the fact that stu-dents not only learn best in differentways, they also demonstrate their mas-tery of information in a variety ofways.

• Make accountability transparent, tail-ored to different uses and able to com-

municate student progress.• Replace instructional state mandates –

focused on inputs – with student learn-ing outcomes.

• Include rewards/incentives in account-ability system.

• Base accountability on the four coredisciplines – language arts, science,mathematics and social studies.

Offer MoreOptions and ChoicesIncrease diversity, flexibility and auton-omy in school districts to maximize re-sources and better address the needs andinterests of all students.• Review existing district structures

based on 1) the capacity to providedifferent options for children to meeteducation standards; 2) economic,social and geographic factors.

• Provide students and their parents witha menu of options, including magnetschools, charter schools and vocationaltechnical schools as well as differentschedules and curriculums.

• Increase capacity for educators to pro-vide options and choices for children.

• Structure school districts so thatthey’re fiscally independent.

Reform LeadershipRealign Connecticut’s education system

for success by making authority and re-sponsibility equal.• Define the role and responsibilities of

the Superintendent of Education (form-erly Superintendent of Schools) instate statutes; make authority commen-surate with responsibilities and elimin-ate ambiguity.

• Change the state statutes so that:– The Governor appoints the Com-

missioner of Education with the

statutory authority and responsibil-ity to provide educational leader-ship.

– The position of the Superintendentof Education provides leadership tothe Board of Education.

– The District Board of Educationmakes decisions only on policy mat-ters, the annual budget and the hir-ing, supervision and evaluation ofthe Superintendent.

– The contract between the DistrictBoard of Education and the Super-intendent of Education can be for afive-year period and is renewable.

• Restrict authority of the Board ofEducation to its role as a representativebody for the community it serves.

Boost QualityAttract, develop, support and retain

teachers and principals of the highestquality.• Recruit and retain the best and

brightest in the education profession.• Require first-year teachers to have

extensive clinical experience, sup-ported by strong coaching from exper-ienced teachers as well as contentknowledge and teaching skills.

• Support exemplary teacher and schooldistrict leadership development pro-grams and publicize key achievements.

• Revise tenure law to include a rigor-ous, standards-based review processmore closely tied to student learning.After educators show outstanding per-formance in student learning, they willreceive five-year contracts, which dis-tricts may or may not renew.

Involve Students and ParentsEngage parents, caregivers and com-

munity organizations as partners in achild’s education.

• Foster a partnership for success amongparents, schools and communities.

• Help parents and caregivers under-stand how they make a difference in achild’s education.

• Provide parents with choices for edu-cating their children.

• Work with parents and adults to sup-port high expectations for learning.

• Utilize community organizations tohelp families foster reading skills andproduce literate children by gradethree.

Leverage TechnologyUse technology to transform teaching

and learning.• Provide educators and students with

equal access to technology.• Personalize learning with technology-

based systems.• Ensure broadband access to Internet

and wireless connections.• Provide on-demand access to learning

resources, information and services24/7

• Integrate technology throughoutschool districts, facilities, leadershipand management to increase efficiencyand safety.

Continue TransformationEnsure that transformation is a contin-

uous process, not a one-time event.• Keep the educational system flexible

to meet changing needs and expecta-tions.

• Support innovation in the publicschool systems. Change state regula-tions to promote and reward continuedtransformation.

• Create mechanisms for teachers andadministrators to propose and obtainapproval for innovative practices thatlead to improved student outcomes.

CAPSSTransformation Project

Page 10: CABE Journal January 2012

10 The Journal – Connecticut Association of Boards of Education

School districts often allow students todistribute non-school literature on schoolgrounds. Such literature includes a rangeof documents from flyers for communityorganizations such as the Boy Scouts orLittle League to invitations to aclassmate’s birthday party. Controversiesarise occasionally based upon the contentof the material or the means of distribu-tion.

If a district allows students to distrib-ute non-school material to classmates, theFirst Amendment of the U.S. Constitutionmust be considered. Court cases involvingthe First Amendment have concluded thata school district can adopt reasonablerules to control the distribution ofmaterials. The rules however may notdiscriminate based upon the viewpointsexpressed in the materials.

Non-school literature is defined as anymaterial that the district itself does notproduce or control. Examples of suchmaterial include students’ personal cards,letters, pamphlets about a communityactivity, invitations to a church socialevent or copies of the Bible.

However, materials distributed for aschool purpose or in an instructionalsetting are considered “school related”and are not covered by a policy pertainingto the distribution of non-school litera-ture. School-related materials include allof the materials disseminated by theschool or district and include such itemsas textbooks, permission slips or informa-tion related to school-sponsored activities.If this distribution occurs under thesupervision of district staff, such asteachers, for an instructional purpose,

such distribution is considered school-related.

It is the common practice for schooldistricts to create a “limited public forum”for student distribution of non-schoolmaterials by permitting distribution onlyat certain times and places and underspecified conditions. By definition, a“limited public forum” allows some, butnot all, distribution of non-schoolmaterials. A forum is either a place forcommunication, such as a classroom, or ameans of communication, such as aschool newspaper or the schools’ publicaddress system.

Disemmination of MaterialWithin a limited public forum, a school

district cannot decide which materials willbe distributed and which will not be basedsolely upon the viewpoints expressed inthe materials. In short, once the districthas made the decision to allow thedistribution of non-school materials, thedistrict may not choose which to distrib-ute based upon the content of the materi-als. The district may not bar a studentfrom distributing materials simplybecause they may be controversial or thatthe district disagrees with the message.However, there are some reasons forbanning the distribution of certainmaterials which should be listed in schooldistrict policy.

District policy pertaining to this issueshould require that non-school materialsbe reviewed by a school official beforedistribution. If the intended distribution isduring the school day or at a schoolfunction with students present, the district

is permitted to impose such a prior-reviewrequirement.

Court rulings have indicated, however,that a prior-review requirement cannot beimposed at school-sponsored events thattake place after hours for adults, such as aparents’ night or school board meeting.However, in such situations, the district’sother policies concerning distribution ofnon-school literature, such as limitationson content and time, place and mannerrestrictions still apply.

Even if a district has opened a limitedpublic forum for the distribution of non-school materials, the district maintainssome control of the content of thematerials that can be distributed. Inutilizing the prior-review requirement,school officials’ decisions must beviewpoint neutral.

Prohibition of DistributionBecause the speech rights of students

are not coextensive with those of adults,schools may prohibit the distribution ofsome types of student literature alto-gether. Therefore, school officials mayscreen the material for content that islewd, obscene, or otherwise likely tocause a substantial disruption of schooloperations.

Material that violates the rights ofothers could be prohibited. Included inthis category would be literature that islibelous, that invades the privacy of othersor infringes on a copyright. It is alsopossible to prohibit material that adver-tises products that are illegal for minorssuch as alcohol. However, the districtcannot bar distribution just because it

Distribution of non-school literature by studentscontains a controversial message orcontent with which the district disagrees.District policy is necessary to provideadministrators and students clear guid-ance and consistent enforcement aboutprohibited content.

In permitting a limited public forumfor student distribution of non-schoolliterature, the district and its schools canimpose reasonable “time, place, andmanner” restrictions on distribution.Distribution can be limited to timesbefore and after regular school hours,during recess, lunch or homeroomperiods. Also, the distributions can belimited to designated locations, such asschool entrances or exits, a handout tableor bulletin boards.

A common question is “May studentsdistribute religious or political literatureat school?” Generally, students have theright to distribute religious or politicalliterature on public school campuses,subject to reasonable time, place andmanner restrictions. These restrictionsshould be reasonable and must applyevenly to all non-school student literature.

CABE does not recommend that thepolicy specify times or places for thedistribution of the materials. The policyshould require the individual schools toset reasonable rules regarding the distri-bution of such materials. However, it isimportant that school distribution rules bereasonable, clearly communicated to thestudent body and enforced consistently.

The district may want to consider stepsto be taken to avoid an appearance ofschool sponsorship of non-schoolmaterials. The policy could contain adisclaimer or require that a disclaimerstatement be printed or affixed to all non-school material distributed on schoolgrounds. A prominent disclaimer indi-cates that the district does not endorse,approve or sponsor the activities, views,or events promoted by the materials. If adisclaimer is used, it must be doneuniformly with all materials.

Policy Implications: CABE’s currentpolicy #1140, “Distribution of Materialsby Students (Use of Students)” pertains tothis issue. Several versions, in addition toan administrative regulation, are avail-able. In addition, policy #1140.1, “Distri-bution of Non-School Literature/Publica-tions” also applies to this topic.

Vincent A. MustaroSenior Staff Associate for

Policy Service, CABERobert King, Consultant, CABE, led a joint session on the board in action - small groupdiscussions with case studies.

CAPSS Executive Director Joseph Cirasuoloshared information on the CAPSS Transfor-mation Project.

CABE Senior Staff Associate for Field Servicesand Coordinator of Technology NicholasCaruso talked about the Common MistakesBoard Members Make.

New BoardMember

Orientationand BoardLeadershipConference

(continued from page 1)the party challenging the placement.

• Raise the dollar threshold for schoolconstruction projects subject toprevailing wage.

• Enhance local capacity to managelabor expense through modificationof collective bargaining statutes.

• Include performance based pay in theteacher retirement board calculationsfor purposes of retirement.

• Refocus the State Department ofEducation resources on support tolocal districts rather than enforce-ment.

2012 Legislative Priorities

Page 11: CABE Journal January 2012

The Journal – Connecticut Association of Boards of Education 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 ensuring membersreceive the most up-to-datecommunications:• Met with Board Chair Betty

O’Brien and Superintendent ofSchools David Sklarz ofMarlborough on CABE services,programs and other activities.

• As part of the development ofnew policy manuals utilizing theCustom Policy Service, materi-als were prepared for EastWindsor, Pomfret, Putnam,Regional School District 17,Windsor Locks and WoodbridgeBoards of Education

✦ By helping school boardsto increase studentachievement:• Participated in two meetings of

the Glastonbury StrategicPlanning Committee.

• Provided Lighthouse training forthe New London and NorwalkBoards of Education.

• Sent two issues of Policy High-lights via email listserv coveringtopics that affect studentachievement. This includedvirtual schools oversight, cellphones and cyberbullying,cameras on buses to deterbullying, monitoring teachers,community engagement, curricu-lum and staff use of cell phones.

✦ By providing opportunitiesfor members to learnhow to better governtheir district:• Hosted our Biannual New

School Board Member/Leader-ship Conference.

• Presented Roles and Responsi-bilities workshops for theDanbury, East Lyme, Middle-town, New London and SheltonBoards of Education.

• Hosted CABE Delegate Assem-bly.

• Provided policy information to36 districts, the SDE, oneattorney, and four out-of-stateschool board associationsthrough 58 answered requestsfor information or samplepolicies, on 43 topics. Topics ofgreatest interest were: bullying

prevention, suspension/expul-sion, observance of religiousholidays in the schools, gradua-tion requirements and studenthealth issues.

✦ By promoting public edu-cation:• Took part in WNPR’s “Where

We Live” on NextEd, the CAPSSTransformation Project.

• Demonstrated CABE-Meeting ,CABE’s paperless board meetingtool, for Region 18.

• Answered questions about themost current legal issues facingboards of education on quorums,non-meetings, roles of the chair,ex officio members of the board,and magnet school transporta-tion.

• Attended CAPSS Board ofDirectors meeting

• Hosted the CABE/CAPSSConvention.

✦ By providing services tomeet members needs:• Met with SDE representative on

distance and virtual learning.• Met with Apple representative

on technology in the schools.• Met with SDE representatives on

school governance councils andtheir professional development.

• Provided training to 14 SchoolGovernance Councils in Water-bury.

• Participated in P20 Council’sEducator Effectiveness Commit-tee meeting,primarily onteacher prepara-tion.

• Hosted StateRelationsCommitteemeeting todevelop legisla-tive priorities.

• Facilitatedvision/missionstatementreview withEast HaddamBoard ofEducation.

• Preparedcustom policymaterials forAnsonia,Columbia, EastHampton, EastWindsor,

Franklin, Gilbert School,Hebron, Marlborough, NewFairfield, New Hartford,Newington, North Stonington,Old Saybrook, Oxford, Region 6,Stafford, Sterling, Stonington,West Haven, Westbrook andWindham Boards of Education.

• Revised additional policies in theresource library of samplepolicies. Some new models ofpolicies pertaining to existingtopics were also added.

• Completed work on the Colum-bia policy manual adit andsigned agreement to audit theBrooklyn policy manual.

• Signed contract with Westport toplace their policy manual onlineutilizing CABE’s ConnecticutOnline Policy Service (C.O.P.S.).

• Completed draft of 2nd Editionof the Policy Update Service.Topics covered include: work-place bullying in school, civilityon school property, student useand possession of syntheticdrugs, school gardens, anddistrict-sponsored social media.

✦ By representing Connecti-cut school boards on thestate, national or interna-tional levels:• Participated in two meetings of

the Whatwillourchildrenlose.com Coalition on State aid.

• Participated in meetings of theConnecticut Coalition for PublicEducation. Issues included theupcoming legislative session,

other common concerns.• Attended Military Services

Group Conference on theeducation of children of militaryfamilies (see page 1)

• Participated in meeting withCommissioner Stefan Pryor,other State Department ofEducation (SDE), State Boardand CAPSS representatives onissues facing Connecticut publiceducation.

• Participated in meeting of theGovernor’s PreventionPartnership’s Board of Directors

• Attended Graustein MemorialFund dinner and meeting onearly childhood education.

• Participated in two-day NSBABoard of Directors meeting.

• Participated in ConnecticutCoalition for Justice in Educa-tion Funding Steering Commit-tee meetings.

• Attended Connecticut After-School Council meeting

• Attended CREC Council meet-ing

• Attended and provided testi-mony to Technical High SchoolTask Force meeting.

• Attended State Board of Educa-tion meeting.

• Attended CAPSS TechnologySubcommittee meeting.

• Attended Education CostSharing Task Force meeting.

• Attended CT Special EducationProfessional DevelopmentCouncil meeting.

• Attended Achievement Gap TaskForce meeting.

• Participated in CSAE Board ofDirectors annual strategicplanning meeting.

Page 12: CABE Journal January 2012

12 The Journal – Connecticut Association of Boards of Education

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

Court rules infavor of Board of Education

An identifiable victim who is subjectedto imminent harm may be entitled to anexception to government immunity, if it isapparent to a public official that theofficial’s conduct is likely to subject thevictim to harm.

The plaintiff, Kathleen Stoll, allegedthat she worked for the defendant boardof education and was injured because astudent knocked her to the ground, whenshe volunteered to work at a schooldance. Stoll sued the board of educationand the parent-teacher organization,alleging that they were negligent.

The defendant board of educationmoved for summary judgment and arguedthat government immunity barred thenegligence claim.

The plaintiff maintained that anexception to government immunityexisted, because she was an identifiablevictim who was subjected to imminentharm. The court found that teacherattendance at the 5:30 p.m. school dance,which took place after school hours, wasvoluntary, and that the plaintiff was notpaid to attend.

The plaintiff did not dispute that shewas not required to attend. The parent-teacher organization, as opposed to thedefendant board of education, organizedthe school dance. The plaintiff belongedto the parent-teacher organization and wasresponsible to supervise her sons, whowent to the dance.

The court was not persuaded that theplaintiff was an identifiable victim subjectto imminent harm, because her attendancewas voluntary. The plaintiff did notbelong to a narrowly defined class offoreseeable victims.

Government immunity barred theplaintiff ’s negligence claim, and the courtgranted the defendant board ofeducation’s motion for summary judg-ment. Municipal Law Report 9/19/2011

Arbitrators ruleon seniority grievance

A collective bargaining agreement canprovide that in the event of a layoff, anemployee may bump another employee,within the same or lower classification,who has less seniority than the employeebeing laid off, provided that the employeewho bumps is qualified.

The New Britain Board of Educationhired Plummer Carroll as a security orcustodial supervisor in November 2004.The board discharged Carroll in July2010, as a result of financial difficulties.Carroll sought to bump another worker,Joseph Vaverchak, who was hired as anattendance officer in January 1996 andwho became an attendance supervisor inNovember 2007.

The board denied Carroll’s request,and the union filed a grievance andargued that Carroll had greater seniority

as a supervisor and within the supervisors’union. Arbitrators denied the grievance.The collective bargaining agreementdefines “seniority” as “the length ofservice of the employee from the last dateof employment by the Board.”

Vaverchak possesses greater senioritythan the grievant, because he worked forthe employer longer. The grievant was notentitled to bump on the basis of seniority.Even if he were, he lacked the qualifica-tions to be an attendance supervisor.Municipal Law Report, 9/19/2011

Court rules on assaultConnecticut General Statutes §10-236

a provides, “Each board of educationshall protect and save harmless anymember of such board or any teacher orother employee . . . from financial lossand expense, including payment ofexpenses reasonably incurred for medicalor other service necessary as a result of anassault upon such teacher or otheremployee while such person was acting inthe discharge of his or her duties withinthe scope of his employment.”

Erin Gorman was hired to help M, ablind child who was unable to speak insentences. Allegedly, Gorman helped Mlearn the alphabet and work on puzzlesand games until M struck Gorman on Jan.9, 2007. She sued the board of education,which moved for summary judgment andargued that the plaintiff did not qualify asa “teacher or other employee” and that theincident did not constitute an “assault,”because M lacked intent to injure.

The court found that the word“teacher” in C.G.S. §10-236a is ambigu-ous. The court construed the statutebroadly, because it is a remedial statute,and rejected the board of education’sargument that only individuals whoobtain certification are “teachers.”

Although the plaintiff lacked certifica-tion as a teacher, she provided instructionto M about the alphabet and life skills.The court also rejected the board’sargument that the statute only coversemployees, because it includes the phrase“teacher or other employee.”

Viewed in the light most favorable tothe plaintiff, who worked for a third-partyintervenor, Ability Beyond Disability,there is a genuine issue of material factwith respect to whether she was anemployee of the board of education. Theboard also argued that “assault” requiresintent.

The court observed that the statute is acivil statute and that assault in the civilcontext includes a negligent assault. Evenif assault does require intent, there is agenuine issue of material fact with respectto whether M, who is mentally andphysically disabled, intended the assault.

The court denied the board’s motionfor summary judgment on the plaintiff’sindemnification count, pursuant to C.G.S.§10-236a, and the case will proceed.Municipal Law Report, 9/26/2011

Board violates Freedomof Information Act

A board of education violated C.G.S.§1-231(a) by permitting two nonpartici-pating attorneys to attend the entirety ofan executive session and a third attorney,who entered the session approximatelyhalfway through, to stay beyond the timehe participated.

Three members of the Board ofEducation of the Bridgeport PublicSchools, Sauda Baraka, Maria Pereira andBobby Simmons, filed a complaint withthe Freedom of Information Commission(FOIC) alleging that the Board ofEducation of the Bridgeport PublicSchools and certain officials and mem-bers including Barbara Bellinger, theboard’s president, violated the Freedomof Information Act in several ways duringa special meeting.

The alleged violations includedimproper voting to enter executivesession during the meeting, failure to statethe purpose of the executive sessionduring the meeting and allowing threeattorneys to improperly attend theexecutive session.

The FOIC found that the respondentsdid not provide evidence that the purposefor entering the executive session was

stated during the meeting or that a two-thirds vote was taken to enter the session.As a result, the FOIC concluded that therespondents violated C.G.S. §1-225(f) asalleged.

The respondents did not provideevidence as to why three attorneys werepermitted to attend the executive session.Two of the attorneys said nothing duringthe executive session and stayed through-out the entire executive session.

The third attorney entered the execu-tive session approximately half waythrough and stayed beyond the time heparticipated. The FOIC concluded that therespondents violated C.G.S. §1-231(a) asalleged. Minutes were found timely filedon the seventh day following the specialmeeting pursuant to C.G.S. §1-225(g).

It was not a violation of the FOIA tofail to identify which members madewhich motions in the meeting minutes.But, by failing to state the reason for theattendance of the non-members inexecutive session in the minutes, therespondents violated C.G.S. §1-225(a).

The FOIC directed the respondents,henceforth, to strictly comply with therequirements of C.G.S.§1-225 and §1-231.Municipal Law Report, 10/5/2011

School Governance CouncilsAdvisory Committee meeting

The School Governance CouncilAdvisory Committee met recently at theCABE office. This Committee providesinput and advice to the State Departmentof Education on the implementation of thelegislation concerning school governancecouncils, and includes representatives ofconstituencies who have a stake in thesuccess of all Connecticut students.

During the meeting, the staff from theStamford Public Schools provided apresentation on their community outreachefforts to inform and engage parents andcommunity members.

They have put real energy and effortinto creating and supporting schoolgovernance councils, and they have seenpositive results in the initial level ofparticipation on their councils. They

recognize that an ongoing challenge willbe to sustain the engagement of thecouncil members. They plan to encour-age each council to set goals and assesstheir impact in order to maintain themotivation.

CABE remains actively involved inproviding professional development tonew school governance councils, mostrecently working with members of theschool governance councils in Waterbury.

The Advisory Committee discussed theneed for continuing professional develop-ment for councils, and the State Depart-ment of Education will be working withorganizations including CABE and CASto provide those opportunities.

Patrice A. McCarthyDeputy Director/General Counsel, CABE

Page 13: CABE Journal January 2012

The Journal – Connecticut Association of Boards of Education 13

As educators, oftentimes many schoolboard members and superintendents areasked to speak or present information.For many of us this can be a scaryproposition. After all, public speaking isthe number one source of apprehension inthe United States. However, the reality isthat the more we do it, the better we get.

Speaking in front of people is oftenexpected of us and avoiding it can bedevastating to both our personal andprofessional growth. As someone whohas assisted many CEOs and individualswith putting together their presentations Iwanted to share the following informationon how I advise the people that I workwith to take some of the angst out ofgetting started.

Analyze your audienceWho is it that you are going to be

speaking to and why do they care aboutwhat you have to say? For example, ifyou are speaking to a group of educatorsyour presentation will be significantlydifferent than if you are speaking to agroup of high school students. It isimperative that you gear your words to fityour audience in order to engage them inwhat may be a traditionally dry subject.

Find out how muchtime you have

Modern speaking tends to go nolonger than 45-60 minutes at a time, but itis still important to edit. Too manyspeakers fall in love with their words andphrases, and insist they must cover everydetail of their subject, or simply don’tunderstand how to get to the bottom linebefore their audience wants to escape.

Present points as soundbites instead of stories

When you tell me what you want with-out showing me why you want it, youwaste your breath and my time. A presen-tation, much like a media interview is nota normal conversation. You have to putyour key talking points into nice littlepackages, also known as sound-bites. Forthis reason it is important that each wordbe chosen carefully and that you “turnyourself up” when you are deliveringyour key messages. Remember, it’s notonly what you say…it’s how you say it.

CABE and Baldwin Media:Partners in Managing Communications

The Media Messagefrom Ann Baldwin, Baldwin Media Marketing, LLC

• A policy manual updated withindays of a board meeting.

• Access to your policy manual 24/7 anywhere with Internet capabil-ity.

• Timesaving links to legal andcross references.

• A search engine specificallydesigned for board policymanuals.

• The ability to search other onlinedistricts for similar policies orlanguage.

• A happier staff that will have lesspaper to deal with.

What will theConnecticut Online

Policy Service(C.O.P.S.)

provide YOURdistrict?

If you would like additional information

on CABE’s

Connecticut Online Policy Service(C.O.P.S.),

call Vincent Mustaro at

860-571-7446 oremail [email protected]

for full details.

Let the CABE staffmake your policy life easier.

Start your New Year with a new you –make your next presentation a winner

Try to insert a little humorIf it is appropriate, try to find a little

humor in your speech. If you don’t, yourlisteners will turn into uninterestedwatchers, cartoon scribblers, or Black-berry escapees.

Don’t run out of time beforeyou reach your conclusion

Hopefully you realize this in practice,not in front of a live audience. Asprofessionals, we need to constantly editour work. We learn something new everytime we deliver a speech and we mustcontinue to edit our speeches to keepthem fresh. Sharpen your editing blade tokeep you flexible on the fly.

Take a speech you currently give, orare about to give, and cut out 20 percent.Look for unnecessary set-up phrases,dialogue cues, and passive sentences.Consider the strength of each story and abit of humor.

Have a call to actionIf your speech is about improving

education and urging lawmakers to fundincreased mandates then make sure thatyou have supporting points in your speechto tell me not only why it is important, butwhat people in your audience can do tosupport it. Make sure that you include a“call to action”. It doesn’t do anyone anygood if you get folks all fired up and theyleave not knowing what to do with theirsupport. For example; calling their locallegislators.

If all else fails hirea speech coach

Hire a speech coach to cut down yourspeech for you. Speech coaches aren’tmarried to your words like you are, andwill show no mercy in paring your speechdown to the essentials. After the speech isin its most basic form, the speech coachwill help you build it back up into a trimbut powerful piece.

Editorial Note: CABE and BaldwinMedia have partnered to provide crisismanagement services in the initial phaseof a media emergency to all CABEmembers. In addition, we now offercommunications services through CABEand delivered by Baldwin Media. Forfurther information, contact ExecutiveDirector Robert Rader at 860-571-7446or [email protected].

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Page 14: CABE Journal January 2012

14 The Journal – Connecticut Association of Boards of Education

Dr. Martin Luther King Jr. memorial dedication

(continued from page 1)children] for all military-connectedchildren affected by mobility, familyseparation, and transition.”

As Superintendent Kadri promised, theinformation presented was an “eyeopener.” I (and I bet, you) did not realizeit, but every county in Connecticut hashundreds, if not thousands of thesemilitary children.

Overall, there are at least 10,000 suchstudents across the state. The largest num-ber, live near the submarine base inGroton where there are around 1,000 suchchildren, from birth to age18.

The conference covered issuesdescribed in the Connecticut SteeringCommittee for the Conference “Intent”statement: heightening awareness of thechallenges and needs faced by militaryfamilies, identifying our communitycapacities and gaps and synchronizing ourresources to improve support forConnecticut’s military-connected chil-dren. The conference was attended bysuperintendents, early childhood educa-tors, social workers, guidance counselorsand others representing other sectors ofthe community.

Children of members of the militaryoften have very different experiences thanother children. They move a lot, due toone or both of their parents being postedto new places. Imagine the effect on thesechildren of moving seven or eight timesduring their K-12 years, including timeswhen they had just adjusted to a new areaand to new friends!

Many of these children suffer frompsychological issues due to theirparent(s)’ deployments. The stress ofphysical and/or mental wounds sufferedduring the deployment greatly affect their

children. The conference videos showedsoldiers who had lost limbs and theheartbreaking effects on their children,who sometimes cannot understand whyDaddy can no longer run or throw a ballwith them.

These children need support and,disturbingly, too few members educatorsare aware of the number of such childrenin their districts, schools or classes. Oftenthe children do not identify themselves asmilitary children because they do not wantto be singled out.

What can boards andsuperintendents do?

Here are some suggestions on whatboards and superintendents can do toensure that these children are identifiedand provided with the supports they needto be successful, even as they and theirfamilies are under strain:

• Boards and administrators canensure that there is continuingsupport for students as they progressthrough their school years;

• Ensure that parents and, if appropri-ate, the children themselves areaware of services available to helpthem;

• Ensure that community leaders andothers are aware of the need toprovide support and resources forthe children and their families;

• Address less predictable issues. Forexample submariners will suddenlybe told they are deploying withoutan opportunity to tell their familiesdue to security concerns. Ensure alladministrators and teachers areaware of such issues, because they

might affect how military childrenare doing; and

• Use Veteran’s Day or other days inwhich we honor veterans, to remindstudents of the sacrifices that thefamilies of veterans and theirfamilies make—as well as the effecton active service members.

CABE will soon develop a boardpolicy to help our members with thiscritical issue. Watch for more informa-tion, coming soon.

For more information on the MilitaryChild Education Coalition, go towww.MilitaryChild.Org .

Connecticut MilitaryChildren Demographics*

Age Groups

County 0-5 6-12 13-18 Total

Fairfield 248 248 199 695

Hartford 532 660 440 1,632

Litchfield 82 138 73 293

Middlesex 154 144 87 385

New Haven 427 493 339 1,259

New London 2,223 1,722 990 4,935

Tolland 118 145 104 367

Unknown 1 0 0 1

Windham 159 214 155 528

Grand Total 3,944 3,764 2,387 10,095

*These figures include Active Duty Connecticut National Guard (Army & Air) and Army, Air Force, Navy& Marine Reserve children identified by the county residence of their legal military guardians as of 9/30/2010. Please note that these figures do not reflect a large number of other children affected: children whosegrandparents or siblings are in the military and the children of those who have already served (veterans). So,the number of Connecticut children affected by military deployment is actually higher than listed above.

Children whose parents are in the military need our support

Forces of nature can sometimes havefortuitous consequences. The memorial toDr. Martin Luther King Jr. was originallyscheduled to be dedicated in August –during the weekend that we were movingour daughter Sara into George Washing-ton University for her freshman year. Theimpending arrival of Hurricane Irene,however, caused the postponement of thededication.

The event was rescheduled forOctober 16, which coincided withparent’s weekend at GW. My husdandDon, Sara and I took the opportunity towalk over to the National Mall and sharean amazing experience. The monumentitself is certainly bigger than life –standing 3 stories tall. What was mostamazing, however, was the crowd of tensof thousands of people who had gatheredto pay tribute on this historic day.

They ranged in age from infants to theelderly, representing all races andnationalities. In spite of the size of thecrowd, everyone treated each other withthe greatest respect and kindness. I have

never felt so safe in such a large gather-ing.

President Obama, in his remarks,captured that feeling when he said “Lookat the faces here around you, and you seean America that is more fair and more freeand more just than the one Dr. Kingaddressed that day. We are right to savorthat slow but certain progress – progressthat’s expressed itself in a million ways,large and small, across this nation everysingle day, as people of all colors andcreeds live together, and work together,and fight alongside one another, and learntogether, and build together, and love oneanother.”

Throughout the morning, civil rightsleaders, family members, musicians andpoets paid tribute to Dr. King. Theprogram culminated with an address byPresident Obama.

President Obama’s address had greatrelevance as we struggle, at the local,state and national level, to close theachievement gap. “And so this moment,when our politics appear so sharply

polarized, and faith in ourinstitutions so greatly dimin-ished, we need more than everto take heed of Dr. King’steachings.

He calls on us to stand in theother person’s shoes; to seethrough their eyes; to under-stand their pain. He tells usthat we have a duty to fightagainst poverty, even if we arewell off; to care about the childin the decrepit school even ifour own children are doingfine; to show compassiontoward the immigrant family,with the knowledge that mostof us are only a few generationsremoved from similar hard-ships.”

As we observe Dr. MartinLuther King Day this January,let this be our call to action.

Patrice A. McCarthyDeputy Director and

General Counsel, CABE

Page 15: CABE Journal January 2012

The Journal – Connecticut Association of Boards of Education 15

Marybeth Gordon,Legal Intern, CABEQuinnipiac University School of Law

NSBA brief supports immunity for school board attorneys

The National School Boards Associa-tion (NSBA) has filed a brief with theSupreme Court in a show of support forprivate attorneys who are retained towork with government employees. Thebrief addresses the case Filarsky v. Delia,which the Court has recently agreed tohear.

While the Filarsky case involves anattorney hired by a fire department, theCourt’s decision will ultimately affectattorneys hired by school boards as well.Filarsky, an attorney in private practice,was hired by a fire department to investi-gate whether an employee was abusinghis sick leave.

As part of the investigation, AttorneyFilarsky asked the employee to producebuilding materials at his home in order toprove that he had not been doing homeremodeling work while on sick leave.

The employee was ultimately cleared ofthe charges.

The employee then sued the city, thefire department, and Attorney Filarsky forviolating his Fourth Amendment rightsagainst unreasonable search and seizure,

“The unintended conse-quence of such a rulingwould be that schooldistricts could have diffi-culty retaining high qual-ity, affordable legal coun-sel to represent them intheir most challengingdisputes.”

Alexis RichCommunications Director, NSBA

Most U.S. schools require at least asmuch or more instructional time as othercountries, even high-performing countrieslike Finland, Japan, and Korea; accordingto a new report on instructional timereleased by the National School BoardsAssociation’s Center for Public Educa-tion.

The report, “Time in School,” mea-sured the minimum number of hours ofinstruction per year (also known ascompulsory hours) countries require theirpublic schools to provide in a formalclassroom setting. In the U.S., most statesrequire between 175 and 180 days ofschool and/or between 900 and 1,000hours of instructional time per year,depending on the grade level.

”There is a perception among policy-makers and the public that U.S. studentsspend less time in school than students inother countries,” said Jim Hull, theCenter’s Senior Policy Analyst and authorof the report.

“The data clearly shows that most U.S.schools require at least as much or moreinstructional time as other countries, how-ever these comparisons are based on re-quired minimums. It’s possible that certainschools in these countries and states doprovide more time for instruction.

Furthermore, students in countries likeChina, India, Japan, and (see page 3)Korea have a tradition of receiving

in addition to other claims. Filarsky triedto argue for qualified immunity, whichwould protect him from lawsuits as agovernmental entity. However, immunitywas denied because Filarsky was not anemployee of the city. The suit wasallowed to go forward.

Attorney Filarsky is now appealing tothe Supreme Court. His appeal promptedNSBA to file a supportive brief with theCourt, urging permission for privatelawyers to claim qualified immunity whenworking for a public entity. As NSBApoints out to the Court, if Filarsky’sappeal is denied, private attorneys wouldbe less likely to represent public entityclients for fear of being exposed to suit.

The NSBA brief encourages the Courtto follow its precedent ruling that favorsthe private attorney representing thepublic client. Under the prior ruling, allpersons, even those not directly employedby a public entity, have qualified immu-nity if they perform “an essential govern-

mental function”: work that is performedon behalf of the public good, and thatrequires the exercise of judgment anddiscretion. Private attorneys whorepresent school districts do perform an“essential government function,” arguesNSBA.

NSBA General Counsel Francisco M.Negron, Jr., commented upon the detri-mental effect the Court’s decision couldhave on school boards, should the highcourt rule against Attorney Filarsky: thedecision “could be a disincentive forlawyers to continue to offer counsel toschool districts across the plethora oflegal specialization areas facing schoolstoday. The unintended consequence ofsuch a ruling would be that schooldistricts could have difficulty retaininghigh quality, affordable legal counsel torepresent them in their most challengingdisputes.”

NSBA Legal Clips, 12/1/11;NSBA Newsroom, 11/30/11

additional instruction through non-formalschooling such as tutoring and nightschools, especially at the high schoollevel, which could also have an impact.”

Hull stressed that the relationshipbetween time and student learning is notabout the amount of time spent in school.Rather, it is how effectively that time isused. The report also showed that there isno relationship between simply requiringmore time and increased achievement.

The data showed that a number ofcountries that require fewer hours ofinstruction outperform the U.S., while theU.S. performs as well as or better thansome other countries that require morehours of instruction.

“Providing additional time can be aneffective tool for improving studentoutcomes, but how that time is used ismost important,” Hull said.

For the complete report go to:The Center for Public Education(www.centerforpubliceducation.org). TheCenter is a national resource for credibleand practical information about publiceducation and its importance to the well-being of our nation.

The Center provides up-to-dateresearch, data, and analysis on currenteducation issues and explores ways toimprove student achievement and engagepublic support for public schools. TheCenter is an initiative of the NationalSchool Boards Association.

Center for Public Educationreports on Time in School

Keeping your policies currentis our business.

CABE Policy ServicesIs your policy up to date? Does your policy meet legalrequirements, address current issues and reflect the latesttechnological advances. Is your policy aligned with recentcourt decisions? Has your policy been reviewed or updatedwithin the last two years?

If your answer to any of these questions is no, wecan help.

CABE offers a variety of customized policy services toassist local school districts with developing andmaintaining updated, enforceable and legally com-pliant policy manuals.

For information on CABE’s variety of policy services,please contact CABE Policy Services at 800-317-0033 or 860-571-7446 or visit www.cabe.org.

What isyour policyon this?

Page 16: CABE Journal January 2012

16 The Journal – Connecticut Association of Boards of Education

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