Session A5

November 15, 2013 Vincent A. Mustaro

CABE Senior Staff Associate for Policy Service

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Address policy areas impacted by recent federal and state legislation and regulations

Emphasis ◦ Safety and Security ◦ Budgetary Changes ◦ Pool Safety ◦ Childhood Obesity and Physical Exercise, School Meals ◦ Athletic Directors ◦ Changes to Education Reform Act ◦ Student Assessments ◦ Graduation Diplomas ◦ Personnel Records ◦ FERPA

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P.A. 13-3 AAC Gun Violence Prevention & Children’s Safety

P.A. 13-60 AAC the Consolidation of Non- Educational Services

P.A. 13-161 AAC Pool Safety at Public Schools

P.A. 13-173 AAC Childhood Obesity and Physical Exercise in Schools

P.A. 13-41 AAC Hiring Standards for Athletic Directors

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P.A. 13-188 AAC School Safety P.A. 13-145 AAC Revisions to the Education

Reform Act of 2012 P.A. 13-207 AAC Student Assessments P.A. 13-64 AAC Community Schools P.A. 13-57 AAC Honorary Diplomas for

Vietnam Veterans P.A. 13-108 AA Unleashing Innovation in CT

Schools P.A. 13-122 AAC Minor Revisions to the Ed.

Statutes P.A. 13-247 The Budget Implementer Bill

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New Regulations: P.L. 111-286, “The Healthy, Hunger-Free Kids Act”

New Regulations: Family Educational Rights and Privacy Act (FERPA)

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Numerous changes to laws governing firearms ◦ Ban on assault weapons, large capacity magazines

◦ Task force to study behavioral health services

◦ Mental Health First Aid Training

Local boards encouraged to include mental first aid and training as part of in-service professional development

◦ School Safety Infrastructure Council (SSIC)

Must develop school safety infrastructure standards for (1) existing school construction projects program

(2) competitive grants program

Submit standards to Dep’t of Emergency Services & Public Protection (DESPP) , Ed. Commissioner, legislative committees

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New standards to include, at a minimum: ◦ School building & classroom entryways

Reinforced entryways, ballistic glass, solid core doors, remote locks, buzzer systems, etc.)

◦ Use of cameras at all entrances and exits

◦ Penetration resistant vestibules

◦ Other security infrastructure improvements/devices as they become industry standards

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DESPP, with SDE, to develop by 1/1/14

Standards must include: ◦ Boards required to conduct security & vulnerability

assessments every 2 years & develop a school safety & security plan based upon the assessment

◦ Broad involvement in development of the plan ◦ Use of federal National Incident Management system

(NIMS) for command center organization ◦ Guidelines for crisis management & emergency

procedures ◦ Each school required to establish a school security &

safety committee with specific responsibilities ◦ Safety & security plan, violence prevention orientation

and training for all employees

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Beginning in the 2014-2015 school year: ◦ Develop & implement a school security & safety

plan for each school based upon DESPP standards

◦ Review, update, submit such plans to DESPP

◦ Establish a school security and safety committee at each school to assist in developing and implementing the plan

◦ Required participation in committee

Police officer, local first responder, teacher, administrator, mental health professional, parent/guardian, others)

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Bullying law (10-222k) requires such committee in each school to prevent bullying

Committee required by P.A. 13-3 to collect, evaluate, & report information about disturbing or threatening student behavior, even if it falls outside the definition of bullying.

Parents on committee must not participate in this new duty due to student confidentiality

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District Safe School Climate Coordinator must complete mental first aid training by 7/1/14 given by Department of Mental Health and Addiction Services

Boards have option to require others on staff to participate in mental first aid training

Training thrust: ◦ Recognize signs of mental disorders

◦ Connection to professionals to provide services

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#3516-Safe & Secure School Facilities, Equipment & Grounds (recommended policy)

#3517-Security of Buildings & Grounds (opt.)

#4148.1/4248.1-Safety Committee renamed School Security & Safety Committee (opt.)

#5131.911-Bullying (required)

#5141.6-Crisis Management Plan (rec.)

#5142-Student Safety (rec.)

#6114-Emergencies & Disaster Preparedness (rec.)

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#6114.1-Fire Emergency & Crisis Response Drills (rec.)

#6114.7-Safe Schools (rec.)

#7115-Developing Ed. Specifications (opt.)

#7230-Construction Design & Process (opt.)

#7315.1-School Security Improvement (opt.)

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Defines “itemized estimate” for budget

development Fiscal agency required to make recommendations to BOE regarding

consolation of non-ed. Services & cost savings

BOE can accept or reject but must provide written explanation of any rejections

Expanded notification requirement for emergency transfers

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#3121 – Approval of the Budget/Delivery to Fiscal Authority (optional policy)

#3130 – Publication/Delivery to Fiscal Authority (optional policy)

#3160 – Budget Transfers (recommended policy)

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Establishes & phases in statewide safety standards for school swimming pools used for student aquatic activities

Applies to any pool school board uses for such activities

Two year phase-in of requirements

Defines required qualifications for personnel

Requires a “Swimming Pool Safety Plan”

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In addition to person conducting the aquatic activity, another qualified educator, swimming coach or lifeguard must be present

Additional person solely responsible for monitoring the swimmers for potential distress

Qualifications include certification as lifeguards, completion of safety training course, CPR trained,

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Separate requirements for different activities ◦ Interscholastic activity

One qualified swimming coach, responsible for pool safety plan implementation

One qualified educator, swimming coach or lifeguard

◦ Extracurricular activity At least one qualified lifeguard to monitor pool,

responsible for pool safety plan implementation

◦ Physical education course One qualified educator as course instructor,

responsible for pool safety plan implementation

At least one other educator, swimming coach, lifeguard to monitor pool for swimmers in distress

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New policy: #6142.63, “Aquatic Activity Safety (Pool Safety) ◦ Defines qualifications for “qualified swimming

coach,” “qualified educator,” “qualified lifeguard”

◦ Addresses need for “Pool Safety Plan”

Administrative regulation contains sample elements of the require school swimming pool safety plan required by July 1, 2014 ◦ Should be formally adopted by Board

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Requires schools to include a total of 20 minutes of physical exercise daily for all elementary school students (was K-5) ◦ “Elementary school” not defined

Type of activity not spelled out. Can be a combination of physical education classes, recess, and/or teacher-directed classroom activities

New mandated policy requirement Establishes task force to study effects of

obesity on children’s health

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Boards required to adopt policy (by 10/1/13) ◦ Preventing, as form of discipline, an elementary

student from participating in the physical activity

◦ Requiring any student, K-12, to engage in physical activity as a form of discipline

Two policies revised to meet requirement ◦ #6142.10, “Health Education Program”

◦ #6142.61, “Physical Activity”

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Creates hiring standards for those hired on or after October 1, 2013

Grandfathers those hired prior to 10/1/13

Defines “athletic director” ◦ Person responsible for administering school or

district athletic program

◦ Person responsible for supervising athletic coaches

Two levels of qualifications: ◦ school level,

◦ school district level

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School level athletic director ◦ SBE issued coaching permit

◦ State teaching certification or a national athletic administrators association-issued certificate approved by SDE

District level athletic director ◦ Same as above except teaching certification must have

intermediate administrator & supervisor endorsement

Any director evaluating coaches who are also certified (teachers, adm. etc) must have intermediate administrator & supervisor endorsement

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Can continue in present positions meeting previous requirements ◦ Nonsupervisory directors-hold a coaching permit

◦ School supervisory directors- coaching permit & a teacher’s certificate

◦ District directors or directors evaluating certified staff-teacher’s certificate with intermediate administrator endorsement

Cannot hire “grandfathered” director in a new district unless new standards met

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Duties established for all directors: 1. Ensure coaches have SBE coaching permit 2. Supervise, evaluate (annually)athletic coaches 3. Supervise students in interscholastic athletics 4. Possess knowledge and understanding of CIAC

rules, regulations 5. Scheduling & transportation of athletic activities 6. Administering & arranging hiring of officials 7. Ensuring a safe & healthy athletic activity

environment 8. Other duties relevant to the program etc.

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Policy #2137 – “Athletic Director” ◦ A new optional policy developed to correspond to

the new legislation

Policy #4115.3 – “Evaluation of Coaches” ◦ An existing policy revised

◦ An optional policy

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Effective 2013-2014 school year

No municipality or BOE may employ or enter into an agreement with any person, other than a sworn member of an organized local police department or retired state or local police officer, to provide security services in a school if such person will possess a firearm while in the performance of his/her duties.

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State law generally bans firearms on school

grounds except under certain circumstances Act defines required annual training for

retired police officers Policy Implications ◦ #1700 – “Otherwise Lawful Possession of Firearms

on School Property,” a revised and recommended policy

◦ #5142.4 – School Resource Officer, a recommended policy for districts implementing SROs

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Requires new district teacher evaluation program to be adopted through mutual agreement between BOE & local professional development & evaluation committee ◦ Explicitly excludes such adoption from teacher

collective bargaining

Specifies steps for adopting program if parties cannot reach agreement

Specifies the dates for completing evaluation training before teachers evaluated under new program

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Specifies Neag School of Education’s report on teacher evaluation pilot program include any recommendations for revisions to evaluation program guidelines or model program

Deletes requirement that SBE validate the evaluation guidelines after it receives the Neag report on the pilot & instead requires SBE to review & revise, if necessary, the guidelines and the model teacher evaluation program

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Act makes other changes including:

Extending guidelines for new reading assessments, the intensive reading instruction program, the intensive reading strategy, selection of low-performing elementary schools to participate in the intensive reading program

Requiring all K-3 teachers to take a survey, rather than a test, on reading instruction 7 for district to use survey results to provide professional development for individual teachers

Modifying what schools get preference for selection in the Commissioner’s network of schools

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Districts permitted to phase in full implementation of new teacher evaluation & support program over two school years ◦ Implement whole model district-wide ◦ Implement whole model in at least one-third of district

schools for all teachers & adm. in those schools ◦ Implement whole model in at least fifty percent of

district schools for all teachers & adm. in those schools ◦ Implement a locally developed & state approved opt

Commissioner may waive requirement for implementation of new plan

2013-2014: “Bridge Year”

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Policy #4115 – “Evaluation & Support Program” (a recommended policy)

Policy #2400 – “Evaluation of Administrators” (a recommended policy)

Policy #4131 – “Staff Development” ( a recommended policy)

Related optional policies ◦ #4116 – Probationary/Tenure Status

◦ #4117.4 – Non-Renewal/Suspension

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Allows students to take their final mastery examination in grade 11 as an alternate to grade 10 beginning 2013-2014

Changes references to the testing system in existing law from “state-wide mastery examination” to “mastery examination” except for science

Eliminates testing requirements for endowed or incorporated high schools

Requires SDE to approve, rather than supervise, the provision & administration of all mastery examination

Requires SDE to conduct a study on use of standardized testing in public schools

Extends to 4/1/14, development & implementation by Commissioner of an assessment tool for measuring a child’s readiness for kindergarten

Eliminates statutory requirement that mastery testing conform with testing requirements of NCLB.

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#6146.2 – “Statewide Proficiency/Mastery Examinations” revised

A recommended policy

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Requires excusing any student from participating in, or observing animal dissection as part of classroom instruction

Written request from student’s parent/guardian required

Student must complete an alternate assignment

Policy #6163.31, “Dissection of Animals” and an administrative regulation. (optional policy)

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Permits awarding of h.s. diploma to Vietnam era veterans who left school before graduating for military service (2/28/61 through 7/1/75)

Previous legislation permits this for WWII and Korean War veterans

Policy Implications ◦ #6146 – “Graduation Requirements” (a

recommended policy)

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Permits h.s. students to earn academic credits through non-traditional, mastery-based standards based on SBE established guidelines

Permits earning of academic credits by demonstrating mastery based on competency & performance standards in accordance with SBE guidelines

Above in addition to previous legislation permitting credits through course work at institution of higher learning or online

Also impacts recommended policy #6146, “Graduation Requirements”

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Allows BOE to establish a community school or schools to participate with community partners to provide various educational & social services when school not in session. (such as medical services, academic enrichment, early childhood ed., parent involvement programs, childcare services, nutrition services, legal services, remedial ed. etc.)

Required steps & reporting requirements detailed in the legislation

New optional policy, #6172.9, “Community Schools”

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Technical & conforming changes pertaining to magnet school financial audits, use of student identifiers, teacher indemnification, marital & family therapists, certification school security grants, personnel records, honorary diplomas.

Bulk of Act procedural in nature without policy implications except: ◦ Teacher performance records

◦ Honorary h.s. diplomas (WWII workers)

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Personnel records kept by SDE ◦ Establishes that records kept by SDE about teacher

performance and evaluation are not public records, are exempt from public access unless teacher agrees in writing.

◦ Any SDE records about teacher misconduct are public records with no consent required prior to disclosure (same for local boards)

Impacts recommended policy #4112.6 – “Personnel Records”

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Honorary H.S. Diplomas: ◦ Allows BOE to award a diploma to any person who

withdrew from high school between 12/7/41 and 12/31/46 to work in a job that assisted the WWII effort.

◦ The individual must have been a CT resident for at

least 50 consecutive years

◦ Impacts recommended policy #6146. “Graduation Requirements”

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Change contained in P.A. 13-247, the Budget Implementer legislation

Impacts use of automated calling systems to remind parents & students about referenda ◦ Previously could use such system to remind about time,

place, date

Now, only community notification systems, available to all residents of a municipality, can be used; only authorized by the chief elected official

Impacts policy #3152- “Spending Public Funds for Advocacy”

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Sections 321-321 of P.A. 13-247

Task force to develop guidelines for RESCs to use in developing uniform regional calendar

RESCs to develop uniform regional calendar by April 1, 2014

Board of Education actions: a. Optional to adopt for 2014-2015

b. Required to adopt for 2015-2016

Impacts recommended policy #6111, School Calendar

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Section 192 of budget implementer bill Boards, RESCs, charter schools to post on

website aggregate spending, for each school, on:

-Salaries

-Benefits

-Supplies

-Equipment

-Tuition

-Services

Optional policy #3432/3433, “Budget & Expense Report/Annual Financial Statement“

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Highly publicized cases resulted in change in statutes concerning theft of educational services

School accommodation removed from criminal statute. Parent enrolling child in school without legal right not subject to criminal prosecution

Parents remain liable for civil penalties. Option to recover cost of accommodations Policy #5118, “Residency/Tuition”

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Amends FERPA

Adds to list those who may access student's educational records without need for parental consent to include those agency caseworkers or other representatives of a state or local child welfare agency, or tribal organization, who are legally responsible for the care of a student.

When a court order is issued involving child abuse and dependency matters to which the parent is a party, additional notice to the parent by the district is not required.

Impacts required policy #5125, “Student Records”

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Addresses equal access to extracurricular athletics for students with disabilities

Offer equal access & provide “reasonable accommodations” in compliance with Section 504

Provide a qualified student with a disability opportunity equal to nondisabled student

Must make reasonable accommodations-unless modification fundamentally alters a program

NSBA seeking clarification

Impact optional policy #5145, “Civil Legal Rights & Responsibilities”

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1. Summary: Policies Impacted by Recent Legislation and SBE Action

2. 2013 Actions Boards Must Take

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Thank you for you kind attention

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