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COLCHESTER BOARD OF EDUCATION
Colchester, CT
BOARD OF EDUCATION
Thursday, January 13, 2022
BOE Special Meeting 5:00pm
Town Hall Room 1
MINUTES
BOARD MEMBERS PRESENT: Chair Alex Oliphant, Vice Chair Mary Tomasi, Secretary
Jessica Morozowich, Donna Antonacci, Margo Gignac, Rosemary Gignac
ADMINISTRATION PRESENT: Superintendent Jeffrey Burt
OTHERS PRESENT: Board Attorney Anne Littlefield
1. CALL TO ORDER
1.1 Call to Order
Chair Oliphant called the meeting to order at 5:06PM
2. PUBLIC COMMENT
2.1 Public Comment
None.
3. *PRIORITY DISCUSSION/ACTION ITEMS
3.1 Board Orientation with Attorney Anne Littlefield
Attorney Littlefield provided an overview of Board member responsibilities and provided
a handout for review. (see attached)
4. PUBLIC COMMENT
4.1 Public Comment
None.
5. ADJOURN
The meeting adjourned at 7:05PM.
Board Member
Roles and Responsibilities
A Board Member’s Guide to Working With the
Superintendent and Stakeholders
Presented by: Anne H. Littlefield January 13, 2022
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Agenda
Topics to be discussed
Board Roles, Rights and Responsibilities
Board vs. Superintendent Duties
Board Meeting Essentials
Freedom of Information – Meetings and Records
Electronic Communications
Personnel Matters
Student Issues
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Board Roles, Rights
and Responsibilities
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Responsibilities of the Board
• Agent of the State
• Policymaker for the district
• Compare administration responsibility for day-
to-day district operations
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Rights of Board Members
• Authority at meetings only
• Otherwise same rights
as other citizens
• Role of the committees
• Indemnification
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Duties of Board Members
• Confidentiality
• FERPA: Educational need to know
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Duties of Board Members (cont.)
Impartial Judge
1. Expulsion hearings
(Conn. Gen. Stat. § 10-233d)
2. School accommodations hearings
(Conn. Gen. Stat. § 10-186)
3. Teacher tenure hearings
(Conn. Gen. Stat. § 10-151)
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Duties of Board Members (cont.)
• Statutory duties, including:
• Budget
• Policies
• Negotiations
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Duties of Board Members (cont.)
• Conflict of Interest Issues
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Meeting Procedures
• Role of Chair
• Public Comment
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Code of Conduct for Board Members
Adhere to all Board policies, rules and regulations;
Carry out responsibilities in a fair and impartial manner;
Refrain from interfering with the implementation of a Board policy
decision by the administration;
Refrain from interfering with the duties of any school district official; and
Refrain from divulging to anyone any aspect of matters considered and
discussed in executive session.
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Board vs. Superintendent General Duties
Board of
Superintendent
Education
• Handles the district’s day-today operations • Represents the residents of the Town in carrying
• Serves as the “face” of the district out legal mandates pertaining to education
• Typically serves as the district’s spokesperson • Determines all questions of general policy to be
• Supervises district staff employed in the conduct of the schools. In doing
so, it:
• Hears and considers facts and recommendations
• Adopts plans, policies, and courses of action, and
• Authorizes the Superintendent to carry out its
policy
• Sets the budget
• Supervises the Superintendent
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Board’s Specific Powers and Duties
A. Create, abolish, modify and maintain such positions, schools, divisions
and classifications as may be necessary for the efficient administration of
the educational enterprise
B. To elect a Superintendent of Schools in accordance with state statutes
C. To consider and adopt an annual budget, prepared by the
Superintendent of Schools
D. To determine the number, classification, duties and remuneration of
employees
E. To establish policies for employment, promotion and dismissal of
personnel in accordance with the state statutes
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Board’s Specific Powers and Duties
F. To provide for the appraisal of the efficiency of personnel
G. To initiate and approve the acquisition and disposition of school
sites, to initiate and approve plans for school buildings
H. To consider any specific recommendations made by the
Superintendent of Schools
I. To keep the citizenry informed of purposes, values, conditions and
needs of public education in the Town
J. To consider, revise and adopt any changes in the curriculum
K. To take any other actions required or permitted by law
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Board’s Specific Powers and Duties
L. To make reasonable provision to implement the educational interests of
the State, as defined by law, so that:
1. Each child shall have for the period prescribed in the General Statutes equal
opportunity to receive a suitable program of educational experiences;
2. The school district shall finance at a reasonable level an educational program
designed to achieve this end;
3. The school district shall provide educational opportunities for its students to
interact with students and teachers from other racial, ethnic and economic
backgrounds;
4. The mandates in the General Statutes pertaining to education within the
jurisdiction of the State Board of Education shall be implemented.
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Scenario 1
Board member, Mal Content, had been causing issues for the Nutmeg
Board. During meetings he would often verbally attack the motives of
other members and staff, and it was suspected that he leaked
information from an executive session. But the last straw was that he
recently went into each of the schools, during the day, demanding to
be able to visit classrooms to “check on underperforming teachers.” In
a special meeting, where Mal was not in attendance, they voted 8-0 to
oust him from the Nutmeg Board.
Is this legal?
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Which statement is correct?
A. As an elected member of the Board, Mal was simply
carrying out his role as a Board member.
B. The Board’s vote to remove the member from the Board
was invalid since Mal was not in attendance
C. The Board had no authority to remove Mal from the Board.
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17
Scenario 2
Yesterday, the local newspaper reported that a teacher in the District was
recently arrested on charges of selling narcotics. The article identifies the
teacher by name and school. The article quotes the Superintendent as
confirming that the teacher is on administrative leave with pay, pending
investigation.
During public comment at the next Board meeting, numerous parents
demand that the Board fire the teacher immediately. During the meeting,
one Board member exchanges text messages with several of the parents who
have spoken: “No need to worry. We’ve got this. I can assure you the
teacher is history.”
Should the Board be concerned
about the Board member’s actions?
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Board Meeting Essentials
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FOIA
• The Freedom of Information Act (the "FOIA"),
(Conn. Gen. Stat. §§ 1-200 through 1-241
inclusive),
represents Connecticut's commitment to open
government and a strong policy in favor of
public access to meetings and records.
• Subject to narrow exceptions, which are strictly
construed, the FOIA mandates that the public
has access to:
• Meetings of public agencies
• Records that are developed and/or maintained
by public agencies
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“Public Agency” or “Agency”
“ • …Any executive, administrative or legislative office of the state or any
political subdivision of the state and any state or town agency, any
department, institution, bureau, board, commission, authority or official of
the state or of any city, town, borough, municipal corporation, school
Increased
Flexibility
district, regional district or other district or other political subdivision of
the state, including any committee of, or created by, any such office,
subdivision, agency, department, institution, bureau, board, commission,
authority or official. . . Conn. Gen. Stat. § 1-200.
“
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“Meeting”
What exactly is a meeting as defined by Freedom of Information Act (FOIA)?
“ • …Any hearing or other proceeding of a public agency, any
convening or assembly of a quorum of a multimember public
agency, and any communication
Increased
by or to a quorum of a
multimember public agency whether in person or by means of
Flexibility
electronic equipment, to discuss or act upon a matter over
which the public agency has supervision, control jurisdiction
or advisory power.
“
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Meeting Does NOT Include:
A meeting of a personnel search committee for an executive level candidate search
(Board may appoint itself)
Any chance meeting, or a social meeting neither planned nor intended for the purpose
of discussing matters relating to official business
Strategy or negotiations with respect to collective bargaining
A caucus of members of a single political party notwithstanding that such members
also constitute a quorum of a public agency
An administrative or staff meeting of a single-member public agency; and
communication limited to notice of meetings of any public agency or the agendas thereof
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Meetings
• In general, there is a meeting anytime a quorum of a public agency
convenes or engages in interactive communication to discuss or act
upon a matter for which it has responsibility. There can even be a
statutory FOIA meeting where it is "anticipated" that a quorum will
be present.
Note: A quorum of the members of a public agency who are present at any event
which has been noticed and conducted as a meeting of another public agency
under the provisions of the Freedom of Information Act shall not be deemed to be
holding a meeting of the public agency of which they are members as a result of
their presence at such event. Conn. Gen. Stat. § 1-200(2)
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Meetings
• A conference call or other
communication by means of
electronic equipment may constitute
a meeting
• Agencies are cautioned to be
particularly careful that email
exchanges may constitute a meeting
for FOIA purposes
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Types of Meetings
Regular
All meetings must be
noticed in advance Special
Emergency
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Regular Meetings
Contained on the annual schedule
of meetings with the Town Clerk Agenda must be posted at
by January 31, for the ensuing year least 24 hours in advance
(Conn. Gen Stat. §1-225(b))
Minutes must be available
for public inspection within New business may be added to
seven days of the meeting the agenda by a two-thirds vote
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Special Meetings
Those meeting not included on Notice of a special meeting
the list of regular meetings must be filed at least 24 hours
filed with the Town Clerk before the meeting convenes
Minutes must be available Business limited to items on
for public inspection within posted agenda
seven days of the meeting Items cannot be added to the
agenda
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Emergency Meetings
Emergency special meetings
may be called in an emergency Limited to the matter that
without advance notice requires “emergency”
(Note: “Emergency” will be strictly construed.) attention
(Conn. Gen Stat. §1-225(a))
Minutes must include a Minutes must be filed with the
statement setting forth the Town Clerk(s) within 72 hours
nature of the emergency of the meeting
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Executive Session
Under circumstances narrowly prescribed by the FOIA,
a public agency may exclude the public from a portion
of its meeting by calling an executive session.
Executive sessions, are defined in Conn. Gen. Stat. § 1-
200(6) as follows:
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Executive Session
• “Executive sessions” means a meeting of a public agency at which
the public is excluded for one or more of the following purposes:
Discussion concerning the appointment, employment,
performance, evaluation, health or dismissal of a public officer or
employee, provided that such individual may require that
discussion be held at an open meeting;
Strategy and negotiations with respect to pending claims or
pending litigation to which the public agency or a member
thereof, because of the member’s conduct as a member
of such agency, is a party until such litigation or claim
has been finally adjudicated or otherwise settled;
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Executive Session
• Matters concerning security strategy or the deployment of security
personnel, or devices affecting public security;
• Discussion of the selection of a site or the lease, sale or purchase of real
estate by the state or a political subdivision of the state when publicity
regarding such site, lease, sale, purchase or construction would
adversely impact the price of such site, lease, sale, purchase or
construction until such time as all of the property has been acquired or
all proceedings or transactions concerning same have been
terminated or abandoned; and
• Discussion of any matter which would result in the
disclosure of records that are exempt from disclosure
under Section 1-210(b)
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Executive Sessions: Requirements
• There are specific requirements for conducting business in
executive session:
Two-thirds of those members of the public agency present
must vote at a public meeting to go into executive session
and state the reason(s) for such executive session. Conn. Gen.
Stat. § 1-225(a).
Only members of the public agency and those persons
whose presence is necessary to present testimony or give
opinions may be present during the executive session. Conn.
Gen. Stat. § 1-231(a).
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Executive Sessions: Requirements
• Executive sessions may only be called for the limited statutory
purposes set out above
• Only discussion is permitted in executive session; any votes
must be taken in open session
There should not be a vote taken to come out of executive session
• Minutes must include the vote to go into executive
session; the reason for the executive session; and,
the names of the persons in attendance at
the executive session (subject to limited
exceptions)
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Executive Session
Not an agenda item, but a means of dealing with an agenda item
Not open: specify who is invited into executive session
Board cannot take action in executive session
Board members are not to disclose discussion which occurs
in executive session
Do not misuse: be respectful of the public when
scheduling executive sessions
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Scenario 3: Executive Session
The Nutmeg Board was in a special budget meeting when it learned of
dire economic news that meant significant staffing cuts were
necessary. Knowing that the Board would need to discuss and decide
the elimination of specific positions, and not wishing to needlessly
distress or excite its employees, the Chair added an executive session
item to the agenda to discuss “personnel matters.” With a 5-3 vote, the
Board entered executive session. After an hour of discussion, the
Board members agreed, without a vote, to direct the Superintendent to
cut 10 staff positions.
So far, so good?
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Meeting Requirements
Minutes: Generally, minutes must be available for public inspection within seven
(7) days of session to which they refer, Conn. Gen. Stat. § 1-225(a), and minutes
should include:
• When the meeting was convened;
• Which members of the public agency were present;
• A short description of the business transacted;
• A listing of any action taken by the public agency,
specifying the votes of each member;
• Any executive session held, with a statement of the
reason(s) for the executive session and who was in
attendance; and
• When the meeting was adjourned
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Meeting Requirements
Agendas: - There is no specific guidance in the FOIA as to the level of detail that is
required in an agenda, but, as a practical matter, the agenda should provide
reasonable notice of the business to be transacted
Votes: - The votes (as distinguished from
meeting minutes) of all members of the
public agency must be reduced to writing
and be available for public inspection
within 48 hours of the meeting
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Meeting Procedures
Boards should adopt formal procedures to
conduct meetings. Typically Boards utilize
Robert’s Rules of Order, with specific
modifications.
Typical Topics:
• Date/time of meetings
• How agendas are created
• Quorum and voting requirements
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Meeting Procedure: Robert’s Rules of Order
One subject
Key Concepts of dealt with
Robert’s at a time
Rules: Enforce
decorum Confine debate to the
merits of a pending
question
Allow for the Recognize and record
airing of opposite or a negative vote Provide
divergent points on a question for a final
of view decision
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Dealing with Motions
Once adopted, a
Once question is
motion becomes
Motion must be put before
Member Member states Chair restates officially
seconded by Board, it must
recognized by motion for motion for recorded
another be disposed of
Chair Board Board statement of an
member before further
action of the
action
Board
41
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Board Member Voting
Members are not required to vote, although Robert’s
Rules anticipates that each member will vote
Abstentions are not considered as votes for or against
the motion
Approval of motions only needs majority of those present
and voting, unless policy or statute requires otherwise
The Chairperson can vote and debate on matters before
the Board in the same manner as the other members
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Board Member Voting
Generally by voice vote or by showing of hands
Chair announces the result of the vote - vote
count and whether the vote is
adopted/defeated
The minutes must reflect how each board
member voted
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Using Robert’s Rules
A tool to allow the Board to accomplish its work
Robert’s Rules should not get in the way of
what the Board needs to accomplish
While members don’t need to be experts, should
have an understanding of basic concepts
Robert’s Rules should not be used as a tool to
disrupt Board business
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Scenario 4: Who Can Call a Meeting?
Board Member Mal Content has been after the Nutmeg Union of
Teachers for the last two years because they refused to give salary
concessions during these difficult times. He has been asking to put an
item on the agenda for a public meeting, during which the Board
would consider a formal censure of the union and its
membership. You, the Board Chair, have been advised that such a
vote could be problematic. But Mal is persisting, and now he and
two fellow Board members he co-opted are threatening to hold a
public meeting with or without you.
Can he do this?
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Requirements for Calling a Meeting
• Conn. Gen. Stat. Section 10-218 provides in relevant part:
The chairperson of the board of education or, in case of such chairperson's
absence or inability to act, the secretary shall call a meeting of the board at
least once in six months and whenever such chairperson deems it necessary
or is requested in writing so to do by three of its members. If no meeting is
called within fourteen days after such a request has been made, one may be
called by any three members by giving the usual written notice to the other
members.
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Scenario 5: Board Member Conduct
Board Member Mal Content, had been causing issues for the Nutmeg
Board. He would often visit school buildings unannounced,
demanding to be able to visit classrooms to “check on
underperforming teachers.” But the last straw for the Board was when
he voted to approve the new teachers’ contract, even though his wife
was a teacher in the district. In a special meeting, where Mal was not
in attendance, they voted 8-0 to oust him from the Nutmeg Board.
Valid?
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Board Member Conduct
• Board members cannot be removed from
their elected position on the Board by a
vote of the Board
• Board officers can be removed from their
office by a vote of the Board
• The Board can vote to “censure” a Board
member
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Conflict of Interest
• Board members cannot be employed by the school district
• No statutory provision against a relative being employed by the
school district
• Board member actions may be governed by Board policies or ethics
provision in local charter
• Board members may need to recuse themselves from impartial BOE
hearings
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Scenario 6: Board Member Conduct
Board member, Pamela Parent, has concerns that her child is being
bullied at Charter Oak Elementary School. She visits her daughter’s
school unannounced, demanding to be able to visit her daughter’s
classroom, cafeteria and playground to “check on schoolyard bullies.”
She regularly refers to the specific observations she has made in her
public statements made to the Board as part of Board discussions of
school climate.
Concerns?
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Scenario 7: Board Member Conduct
Concerned that her daughter may have a disability, Pamela Parent
emails Peter Principal and requests an evaluation of her child for a
disability. After the evaluation is complete, the Planning and
Placement Team determines that Pamela’s daughter does not qualify
for special education and Pamela threatens to sue the Board.
Concerns?
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Records
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“Public Record”
The FOIA defines “public record” broadly as follows:
“ • …Any recorded data or information relating to the
conduct of the public's business prepared, owned, used,
received or retained by a public agency, whether such
Increased
data or information
Flexibilitybe handwritten, typed, tape-
recorded, printed, photostatted, photographed or “
recorded by any other method.
Conn. Gen. Stat. §1-200(5).
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Records
Except as otherwise provided by any federal or state law, all records
maintained or kept on file by any public agency shall be public records.
• The FOIC has no authority to order a public agency to create records
where none exist
• The FOIA does not require a public agency to conduct legal research
or to respond to questions. However, “research” or searching to
locate public records is always required!
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Responding to Records Requests
• There should be a clear process in place for processing and responding to FOI
requests (including a designation of the individual(s) responsible for
responding).
• Disclosure must be made "promptly." “Promptness” will turn on the nature and
extent of the specific request.
• A person making a request is generally entitled to a response within four
business days. (If the request involves employee personnel or medical files and
the agency reasonably believes an invasion of privacy would occur, a response
must be made within ten business days, and special notice requirements apply).
However, that does not mean the public agency automatically has four days to
respond to a request. If a record is readily available for inspection or copying,
it is a FOI violation to make the person requesting the record wait four days.
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FOIA Exemptions from Disclosure
There are several specific exemptions to the general rule requiring
disclosure of public records. See Conn. Gen. Stat. § 1-210(b). The
following are examples from the complete list of exemptions:
• Records exempt from disclosure under federal or state
law (e.g. Section 10-151c of the Connecticut General
Statutes, which exempts teacher evaluation records from
disclosure)
• Education records not subject to disclosure under the
federal Family Educational Rights and Privacy Act
(FERPA)
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FOIA Exemptions from Disclosure
• Personnel or medical files and similar files, the
disclosure of which would constitute an invasion of
personal privacy.
Note: The legal standard for invasion of privacy is very strict: 1) the record at
issue does not pertain to a matter of public concern, and; 2) disclosure of the
record would be highly offensive to a reasonable person.
• Communications privileged by the attorney/client
relationship
• Records, reports and statements of strategy or negotiations
with respect to collective bargaining
• Records pertaining to strategy and negotiations with
respect to pending claims or litigation to which the public
agency is a party until such litigation or claim is finally
adjudicated or settled
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FOIA Exemptions from Disclosure
• Test questions, scoring keys and other data used to administer a
licensing examination, examination for employment or academic
examinations
• Responses to any request for proposals or bid solicitation
issued by a public agency, or any record or file made by a public
agency in connection with the contract award process, until such
contract is executed or negotiations for such award have ended,
whichever is earlier, provided the chief executive officer of such
public agency certifies that the public interest in disclosure of
such records is outweighed by the public interest in the
confidentiality of such records
• Preliminary drafts or notes provided that the public agency
has determined that the public interest in withholding such
documents clearly outweighs the public interest in disclosure
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FOIA Exemptions from Disclosure
• However, “disclosure shall be required of: interagency or
intra-agency memoranda or letters, advisory opinions,
recommendations or any report compromising part of the
process by which governmental decisions and policies are
formulated, except disclosure shall not be required of a
preliminary draft of a memorandum, prepared by a
member of the staff of the public agency, which is subject
to revision prior to submission to or discussion among the
members of such agency.”
• Informal advice from the FOIC staff indicates that if the
personal notes are an agency member’s own notes,
thoughts, etc., and are not disseminated to other members
of the agency, they may not be subject to disclosure
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General Confidentiality Considerations
The district must comply with all legal requirements concerning
confidentiality (e.g., FERPA)
Matters discussed in executive session should be maintained as
confidential unless the Board authorizes disclosure of the information
Disclosure of confidential information can have significant
consequences for the district (e.g., legal violations, increased liability,
compromised position regarding negotiations)
When in doubt, treat the information as confidential until a proper
determination has been made regarding confidentiality vs. disclosure
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Electronic Communications
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Scenario 8: Electronic Communications
It was time for the Nutmeg Board to elect officers. In the week leading
up to the annual meeting, the internet was full of e-mails among Board
members soliciting support from other members. In addition, Board
members had caucused with their respective party Chairs to decide on
who would be the next chair. At the meeting, Mal Content nominated
Penny Pincher as the next Chair. Infuriated, Bob Bombast sent an
angry text message to Mal saying, “What gives, I thought we had a
deal?” Mal responded, “Sorry, Penny is supporting me for Vice-Chair.
Snooze you lose.”
Any issues?
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Electronic Communications
• Email communication on Board
business by Board members to each
other (or to or from the Superintendent
to Board members) is permissible.
• Such emails will typically be subject to
public disclosure unless exempt
(personally identifiable student info,
attorney/client information). Even if
on personal computer or personal
email.
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Electronic Communications
Where email communication is unilateral,
it will likely not be considered a
“meeting” that would trigger FOIA
concerns.
Where such a communication generates
responses that are shared with a quorum
of the Board, it is possible that a
“discussion” (and hence a “meeting” in
violation of the FOIA) will be found
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Who Speaks for the Board?
• Each Board’s bylaws should state who the
Board’s spokesperson is
• Generally, it is the Board’s chairperson
• Board members do not lose their first
amendment rights
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Handling Personnel Matters
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Impartial Hearing
• Under Connecticut General Statute 10-151, all teachers have certain due process
rights, including to a hearing before an impartial hearing panel
• The Board may serve as that panel
• As a result, to preserve the impartiality of the Board members, they should not
become involved in the details of an individual
employee’s performance
• Connecticut General Statute 10-222 provides due process
protections to athletic coaches who have coached a sport
for at least 3 consecutive seasons
• They may appeal any decision not to renew, or to
terminate, their contracts to the Board of Education.
The Board must conduct a hearing and sit as
an impartial panel.
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Due Process Violations
A Board may violate an employee’s due process right to an
impartial hearing by reviewing a personnel file prior to a
hearing.
Obtaining other evidence of an employee’s performance
prior to the hearing.
Discussing the employee’s performance with other Board
members outside of the context of a termination or non-
renewal proceeding.
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Communication With
the Public
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General Preparedness
• Districts should have procedures/practices for handling sensitive
communications.
• The district may want to develop a “response team” that designates who
is responsible for:
Speaking on the district’s behalf
Coordinating with outside agencies if necessary
• The district should establish clear lines of communication for decision-
making for various situations, such as
Responding to law enforcement investigations
Closing of a building
Shutting down of a computer system
Handling onsite medical emergencies
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General Preparedness
Districts may also want to include directions for Board members on:
• When and how to communicate with the community at large, the
press, parents, and/or staff
• Developing steps for dealing with the press and public
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Dealing With Parents and Staff
Determine whether the Board should make a statement at all, or
whether the matter should be left to an administrator
Determine the subset of persons, if any, who should be notified of an
event/crisis
Promptly address immediate safety and educational concerns
• Be sure not to reveal any FERPA or IDEA-protected or other
confidential information
• Consider what resources, if any, may be necessary to assist with
student needs and parental concerns
• Consider the appropriateness of a school community meeting
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Dealing With Parents and Staff
Communicate, as appropriate, the school district’s next steps
Identify and provide contact information of a school or district-based
contact person to address follow-up concerns and questions
Prepare staff to deal with media inquiries
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Dealing With The Press
• Investigative reports and related documents
must be disclosed, if requested, when the
investigation is complete
• Personnel records are pubic records unless they
fall under a specific exception
• Maintain a positive relationship with local press
and work with local media prior to a crisis
• Designate an individual to handle media
inquiries
• Fulfill FOI requests promptly if possible
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Handling Student Issues
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The Family Educational Rights and Privacy Act
(“FERPA”)
While the Board is ultimately responsible for setting policy that will affect each
student within the district, individual students have privacy rights guaranteed
by FERPA
Federal law that applies to recipients of federal funds (e.g. public schools,
colleges and universities)
• Protects the confidentiality of student education
• Limits disclosure to 3rd parties without parental consent
• Provides parents/guardians with a right to access student records of their
children
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“Education Record”
“ • …Any documented information directly relating to a
student and maintained by the educational institution.
May include documents, video, audio, film,
Increased
photographs or computer records
Flexibility
• School districts must maintain the confidentiality of
any personally identifiable student information
contained in educational records
“
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Interaction Between FOIA and FERPA
FOIA FERPA
• State law • Federal law
• Mandate: records must • Mandate: records are
be disclosed, unless confidential, unless
there’s an applicable parent consents or
exception there’s an applicable
exception
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Interaction Between FOIA and FERPA
• FOI Statute: Except as otherwise provided by any federal or state
law, all records maintained or kept on file by any public agency shall
be public records
• Records protected by the Family Educational Rights and Privacy Act
(FERPA) are exempt from disclosure under the FOIA
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“Personally Identifiable Student Information”
“ • …Personally identifiable student information also
includes information that is linked or is linkable to a
specific student that would allow a reasonable person
Increased
in the school community
Flexibility to identify the student with
reasonable certainty
“
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Targeted Requests
• Even if the request or disclosure does not include explicit personally
identifiable student information, a district may not release
information if requested by someone who the district “reasonably
believes knows the identity of the student to whom the education
record relates”
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Confidentiality
• As a general rule, all personally identifiable information in educational records
must be kept confidential unless a parent/guardian or eligible student consents,
in writing, to disclosure
• Written consent must:
Specify which records are being disclosed
Specify the purpose of disclosure
Identify the recipient
Exceptions to this general rule are outside the scope of this
presentation but can be found at www.ct.gov/foi/.
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When Is Prior Written Consent Not Required?
• When disclosure is to a school official, where that
person has a legitimate educational interest in the
information
Who is a school official?
o Must be under direct control of district
o Must perform an institutional service/function
o Access only to information needed; and used only for that purpose
Annual notification requirements
District must use reasonable methods to ensure that school
officials have access only to those records in which they have a
legitimate educational interest
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When Is Prior Written Consent Not Required?
• When a student moves to another school district,
records may be sent to the receiving district
• In a health or safety emergency
May consider “totality of circumstances”
Must have an articulable and significant threat to the
health/safety of the student or others
May disclose to “appropriate parties,” including parents
Recording requirement
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When Is Prior Written Consent Not Required?
• For directory information
District must give public notice of what qualifies as directory
information
Right to opt out
May include: name, address, tel. #, email address, photo, DOB,
participation in athletics etc.
May NOT include social security numbers
• In response to a court order or subpoena
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When Is Prior Written Consent Not Required?
• Records that have been de-identified (i.e. the
personally identifiable student information has been
removed) may also be released without prior written
consent
(Reminder: personally identifiable information includes
information that alone, or in combination, is linked or linkable to
a specific student that would allow someone in the school
community without personal knowledge to identify the student
with reasonable certainty)
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Consent Exception
• To parents of an eligible student (18 yrs
+) if the parents still claim the student as
a dependent for tax purposes
• To representatives of a child welfare
agency (DCF) if it is legally responsible
for the care/protection of the student
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Communications Regarding Student Matters
FERPA significantly restricts the district’s ability to communicate on
student matters
• FERPA prohibits disclosure/discussion
of matters identifiable to an individual
student
• Comment by the parent of a student
does not permit the district to comment
on matters related to that student
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Communications Regarding Student Matters
• Importance of centralized communication
• General statements regarding district’s
commitments to student safety/wellbeing
• No communications regarding identifiable
students
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Connect With Us:
Anne H. Littlefield
Shipman & Goodwin LLP
(860) 251-5715
alittlefield@goodwin.com
@ShipmanGoodwin shipmangoodwin shipman-&-goodwin-llp
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