Feb-March Advisor 2020 Online

ADVANCING

FEBRUARY–MARCH 2020 CEA ADVISOR 7

CEA’S LEGAL TEAM, MEMBERS SPARK CHANGE AT DCF Online reporting by teachers now easier; allegations against school employees handled by special unit

Ongoing conversations between CEA’s legal team and Connecticut’s Department of Children and Families, along with a Q&A session where DFC officials heard from CEA members across the state, have resulted in positive changes for teachers. DCF Commissioner Vannessa Dorantes has pledged greater transparency, efficiency, and consistency in reporting and investigations handled by her agency, which has instituted procedural changes that address some of teachers’ top concerns. “These changes are important, and it’s worth noting that they did not happen overnight,” says CEA President Jeff Leake. “They resulted from months of honest and positive discussions between our legal team and DCF, as well as the commissioner’s willingness to hear from teachers, teachers’ openness in sharing their stories, and the power of teachers’ voices when we come together.” Mandated reporting made easier When it comes to suspected abuse or neglect of a child, teachers are mandated reporters—required by law to report within 12 hours what they know or reasonably suspect. Failure to do so could result in penalties, including criminal charges against teachers. The problem, however, is that reporting has been historically fraught, often involving long wait times on the phone with the DCF Careline and unclear guidelines about what constitutes an emergency versus a “non-emergent” situation involving a child. A key change at DCF streamlines the process for teachers reporting suspected abuse or neglect and mitigates against the risk that teachers will be hit with a failure to report. Teachers who reasonably suspect that a child has been abused, neglected, or placed at risk of imminent harm in a non-emergent situation will soon be able to file an online report without fear of being

For more information on mandated reporting and other legal issues every teacher needs to understand, schedule a free Teachers and the Law workshop conducted by CEA’s attorneys. Talk to your local association president or email myprofession@cea.org . transparent and standardized way. “Lack of consistency has long been a problem when it comes to representing our members in DCF allegations,” says CEA Attorney Melanie Kolek. CEA Attorney Rebecca Mitchell agrees, stating, “Similar cases handled by DCF investigators in different parts of the state often have very different outcomes. Until now, teachers and those who represent them have had no consistent model to follow. The standard in one geographic area needs to be the same in all areas of the state, and that is what DCF is looking to establish.”

CEA members appreciated the opportunity to speak candidly with DCF’s commissioner last October. Pictured (L-R) are Manchester Education Association President Kate Dias, CEA President Jeff Leake, Southington teacher Maria Lappas, Commissioner Vannessa Dorantes, and Southington building rep Roseanne Lombardi.

subject to a failure-to-report finding—even if it’s later determined that the situation was in fact an emergency. In cases where an emergent situation was incorrectly reported as non-emergent, a teacher may be referred for training regarding the appropriate use of online reporting. “This is a positive change,” says CEA Attorney Adrienne DeLucca, “in that it protects children while also protecting the mandated reporters—our teachers—who are looking out for their students’ best interests.” Consistency in investigations In meetings with Commissioner Dorantes and her staff, CEA attorneys raised concerns about investigations of claims made against teachers. Often similar cases were handled differently by different investigators—with patterns of inconsistency among area offices— putting educators, their students, and their CEA representatives at a serious disadvantage. These concerns were echoed by teachers at a fall forum where CEA members spoke directly with DCF officials. Recognizing these concerns, DCF has announced the creation of two

special units dedicated exclusively to allegations made against school employees. Overseen by two supervisors, these new units are expected to provide statewide uniformity—as the assigned social workers develop expertise with the school setting. Having dedicated units for school-based complaints is anticipated to move investigations more quickly and uniformly. Under the new structure, DCF attorneys will review substantiation determinations with the goal of responding to them in a more

CEA advocacy pays off EXCISE TAX ON TEACHERS’ HEALTH CARE PLANS DEFEATED The U.S. House and Senate overwhelmingly passed a funding bill that advances several CEA priorities. These include the permanent

repeal of a 40 percent federal excise tax on health care plans that would have cut needed benefits for Connecticut’s teachers. Working with a broad coalition of labor, employer, and patient advocate groups, CEA pushed for years to abolish this unfair tax—known widely as the “Cadillac tax” because it applied to insurance plans whose annual costs exceeded certain thresholds. “This tax would have been devastating for educators,” says CEA President Jeff Leake, acknowledging the tireless advocacy of U.S. Congressman Joe Courtney, who worked alongside CEA to repeal the middle-class health benefits tax. To protect teachers against being taxed unfairly, CEA launched legal challenges before the State Board of Labor

IEP Meetings Qualify for Family and Medical Leave New Labor Department opinion opens door to more parents Parents of children with special needs often struggle to balance work with the myriad appointments and school meetings their children require—including Individualized Education Plan meetings—known as Planning and Placement Team (PPT) meetings in Connecticut—which determine educational and other services (such as physician-prescribed occupational, physical, and speech therapy) that a child will receive at school. Parents who are unable to be released from work to attend PPT meetings or who are forced to rely on vacation time to do so often miss out on being involved in their children’s education plan. Thanks to a new opinion released by the U.S. Department of Labor, however, PPT meetings qualify for coverage under the Family and Medical Leave Act (FMLA). “Many CEA members are also parents of special education students,” says CEA’s Robyn Kaplan-Cho, whose areas of expertise include special education law. “This opinion opens the door to greater parental involvement in their child’s education, which is a welcome change. In the past, given the demanding nature of their profession, teachers often had to choose between remaining at work or attending their own child’s PPT meetings. By reducing that burden, this opinion recognizes the importance of having parents present at PPT meetings ” Kaplan-Cho conducts free member workshops on issues related to Section 504, teachers’ legal rights and responsibilities in the special education process, special education provisions in teachers’ contracts, and more. To schedule free training for your education association, contact your local president.

The excise tax on teachers’ health care plans was defeated thanks in large part to Rep. Joe Courtney, shown here with the 2016 Thomas P. Mondani Friend of Education Award, one of CEA’s highest honors.

Relations, submitted formal comment to the IRS, developed a defensive bargaining strategy for its UniServ staff and bargaining teams, organized other Connecticut labor groups, led the charge to allow teachers to pool health care with larger groups of employees, and lobbied the state’s Congressional delegation to get the so-called Cadillac tax repealed. “Years of hard work, organizing, and strategizing have paid off,” says Leake.