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7 | 7 | | General Assembly Substitute Bill No. 7245 |
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8 | 8 | | January Session, 2019 |
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13 | 13 | | |
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14 | 14 | | AN ACT CONCERNING AD VANCE ENROLLMENT OF STUDENTS IN |
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15 | 15 | | CHARTER SCHOOLS AND INTERDISTRICT MAGNET SCHOOLS BY |
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16 | 16 | | MEMBERS OF THE ARMED FORCES. |
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17 | 17 | | Be it enacted by the Senate and House of Representatives in General |
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18 | 18 | | Assembly convened: |
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19 | 19 | | |
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20 | 20 | | Section 1. Section 10-66bb of the general statutes is repealed and the 1 |
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21 | 21 | | following is substituted in lieu thereof (Effective October 1, 2019): 2 |
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22 | 22 | | (a) (1) On and after July 1, 1997, and prior to July 1, 2015, the State 3 |
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23 | 23 | | Board of Education may grant charters for local and state charter 4 |
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24 | 24 | | schools in accordance with this section. On and after July 1, 2015, such 5 |
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25 | 25 | | state board may grant initial certificates of approval for charters for 6 |
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26 | 26 | | local and state charter schools in accordance with this section. Upon 7 |
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27 | 27 | | granting an initial certificate of approval for a charter, such state board 8 |
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28 | 28 | | shall submit a copy of the initial certificate of approval for the charter 9 |
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29 | 29 | | and a summary of the comments made at a public hearing conducted 10 |
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30 | 30 | | pursuant to subdivision (2) of subsection (e) of this section or 11 |
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31 | 31 | | subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section, 12 |
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32 | 32 | | in accordance with section 11-4a, to the joint standing committees of 13 |
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33 | 33 | | the General Assembly having cognizance of matters relating to 14 |
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34 | 34 | | education and appropriations and the budgets of state agencies. 15 |
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35 | 35 | | (2) The General Assembly may appropriate funds to the Department 16 |
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36 | 36 | | of Education for the purposes of providing grants to local and state 17 |
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37 | 37 | | charter schools, pursuant to section 10-66ee. If such funds are 18 Substitute Bill No. 7245 |
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44 | 44 | | appropriated, an initial certificate of approval for a charter for a local 19 |
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45 | 45 | | or state charter school shall be effective and deemed a charter as of July 20 |
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46 | 46 | | first of the first fiscal year for which such funds are appropriated. 21 |
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47 | 47 | | (3) A charter or initial certificate of approval for a charter granted 22 |
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48 | 48 | | under this section shall not be considered a license, as defined in 23 |
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49 | 49 | | section 4-166, for the purposes of chapter 54. 24 |
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50 | 50 | | (b) Any not-for-profit organization that is exempt from taxation 25 |
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51 | 51 | | under Section 501(c)(3) of the Internal Revenue Code of 1986, or any 26 |
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52 | 52 | | subsequent corresponding internal revenue code of the United States, 27 |
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53 | 53 | | as amended from time to time, public or independent institution of 28 |
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54 | 54 | | higher education, local or regional board of education or two or more 29 |
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55 | 55 | | boards of education cooperatively, or regional educational service 30 |
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56 | 56 | | center may apply to the Commissioner of Education, at such time and 31 |
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57 | 57 | | in such manner as the commissioner prescribes, to obtain an initial 32 |
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58 | 58 | | certificate of approval for a charter, provided no nonpublic elementary 33 |
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59 | 59 | | or secondary school may be established as a charter school and no 34 |
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60 | 60 | | parent or group of parents providing home instruction may establish a 35 |
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61 | 61 | | charter school for such instruction. 36 |
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62 | 62 | | (c) On and after July 1, 2015, the State Board of Education shall 37 |
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63 | 63 | | review, annually, all applications and grant initial certificates of 38 |
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64 | 64 | | approval for charters, in accordance with subsections (e) and (f) of this 39 |
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65 | 65 | | section, for a local or state charter school located in a town that has one 40 |
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66 | 66 | | or more schools that have been designated as a commissioner's 41 |
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67 | 67 | | network school, pursuant to section 10-223h, at the time of such 42 |
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68 | 68 | | application, or a town that has been designated as a low achieving 43 |
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69 | 69 | | school district, pursuant to section 10-223e, at the time of such 44 |
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70 | 70 | | application. (1) Except as provided for in subdivision (2) of this 45 |
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71 | 71 | | subsection, no state charter school shall enroll (A) (i) more than two 46 |
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72 | 72 | | hundred fifty students, or (ii) in the case of a kindergarten to grade 47 |
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73 | 73 | | eight, inclusive, school, more than three hundred students, or (B) 48 |
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74 | 74 | | twenty-five per cent of the enrollment of the school district in which 49 |
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75 | 75 | | the state charter school is to be located, whichever is less. (2) In the 50 |
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76 | 76 | | case of a state charter school found by the State Board of Education to 51 Substitute Bill No. 7245 |
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83 | 83 | | have a demonstrated record of achievement, said board shall, upon 52 |
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84 | 84 | | application by such school to said board, waive the provisions of 53 |
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85 | 85 | | subdivision (1) of this subsection for such school. (3) The State Board of 54 |
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86 | 86 | | Education shall give preference to applicants for charter schools (A) 55 |
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87 | 87 | | whose primary purpose is the establishment of education programs 56 |
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88 | 88 | | designed to serve one or more of the following student populations: (i) 57 |
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89 | 89 | | Students with a history of low academic performance, (ii) students 58 |
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90 | 90 | | who receive free or reduced priced lunches pursuant to federal law 59 |
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91 | 91 | | and regulations, (iii) students with a history of behavioral and social 60 |
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92 | 92 | | difficulties, (iv) students identified as requiring special education, (v) 61 |
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93 | 93 | | students who are English language learners, or (vi) students of a single 62 |
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94 | 94 | | gender; (B) whose primary purpose is to improve the academic 63 |
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95 | 95 | | performance of an existing school that has consistently demonstrated 64 |
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96 | 96 | | substandard academic performance, as determined by the 65 |
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97 | 97 | | Commissioner of Education; (C) that will serve students who reside in 66 |
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98 | 98 | | a priority school district pursuant to section 10-266p; (D) that will serve 67 |
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99 | 99 | | students who reside in a district in which seventy-five per cent or more 68 |
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100 | 100 | | of the enrolled students are members of racial or ethnic minorities; (E) 69 |
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101 | 101 | | that demonstrate highly credible and specific strategies to attract, 70 |
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102 | 102 | | enroll and retain students from among the populations described in 71 |
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103 | 103 | | subparagraph (A)(i) to (A)(vi), inclusive, of this subdivision; or (F) that, 72 |
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104 | 104 | | in the case of an applicant for a state charter school, such state charter 73 |
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105 | 105 | | school will be located at a work-site or such applicant is an institution 74 |
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106 | 106 | | of higher education. In determining whether to grant an initial 75 |
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107 | 107 | | certificate of approval for a charter, the State Board of Education shall 76 |
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108 | 108 | | consider (i) the effect of the proposed charter school on (I) the 77 |
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109 | 109 | | reduction of racial, ethnic and economic isolation in the region in 78 |
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110 | 110 | | which it is to be located, (II) the regional distribution of charter schools 79 |
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111 | 111 | | in the state, (III) the potential of over-concentration of charter schools 80 |
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112 | 112 | | within a school district or in contiguous school districts, and (IV) the 81 |
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113 | 113 | | state's efforts to close achievement gaps, as defined in section 10-16oo, 82 |
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114 | 114 | | and (ii) the comments made at a public hearing conducted pursuant to 83 |
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115 | 115 | | subdivision (2) of subsection (e) of this section or subparagraph (B)(ii) 84 |
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116 | 116 | | of subdivision (1) of subsection (f) of this section. 85 Substitute Bill No. 7245 |
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123 | 123 | | (d) Applications pursuant to this section shall include a description 86 |
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124 | 124 | | of: (1) The mission, purpose and any specialized focus of the proposed 87 |
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125 | 125 | | charter school; (2) the interest in the community for the establishment 88 |
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126 | 126 | | of the charter school; (3) the school governance and procedures for the 89 |
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127 | 127 | | establishment of a governing council that (A) includes (i) teachers and 90 |
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128 | 128 | | parents and guardians of students enrolled in the school, and (ii) the 91 |
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129 | 129 | | chairperson of the local or regional board of education of the town in 92 |
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130 | 130 | | which the charter school is located and which has jurisdiction over a 93 |
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131 | 131 | | school that resembles the approximate grade configuration of the 94 |
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132 | 132 | | charter school, or the designee of such chairperson, provided such 95 |
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133 | 133 | | designee is a member of the board of education or the superintendent 96 |
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134 | 134 | | of schools for the school district, or the superintendent's designee, and 97 |
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135 | 135 | | (B) is responsible for the oversight of charter school operations, 98 |
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136 | 136 | | provided no member or employee of the governing council may have a 99 |
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137 | 137 | | personal or financial interest in the assets, real or personal, of the 100 |
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138 | 138 | | school; (4) the financial plan for operation of the school, provided no 101 |
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139 | 139 | | application fees or other fees for attendance, except as provided in this 102 |
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140 | 140 | | section, may be charged; (5) the educational program, instructional 103 |
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141 | 141 | | methodology and services to be offered to students; (6) the number 104 |
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142 | 142 | | and qualifications of teachers and administrators to be employed in the 105 |
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143 | 143 | | school; (7) the organization of the school in terms of the ages or grades 106 |
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144 | 144 | | to be taught and the total estimated enrollment of the school; (8) the 107 |
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145 | 145 | | student admission criteria and procedures to (A) ensure effective 108 |
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146 | 146 | | public information, (B) ensure open access on a space available basis, 109 |
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147 | 147 | | including the enrollment of students during the school year if spaces 110 |
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148 | 148 | | become available in the charter school, (C) promote a diverse student 111 |
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149 | 149 | | body, and (D) ensure that the school complies with the provisions of 112 |
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150 | 150 | | section 10-15c and that it does not discriminate on the basis of 113 |
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151 | 151 | | disability, athletic performance or proficiency in the English language, 114 |
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152 | 152 | | provided the school may limit enrollment to a particular grade level or 115 |
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153 | 153 | | specialized educational focus and, if there is not space available for all 116 |
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154 | 154 | | students seeking enrollment, the school may give preference to siblings 117 |
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155 | 155 | | but shall otherwise determine enrollment by a lottery, except the State 118 |
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156 | 156 | | Board of Education may waive the requirements for such enrollment 119 |
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157 | 157 | | lottery pursuant to subsection [(j)] (k) of this section; (9) a means to 120 Substitute Bill No. 7245 |
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164 | 164 | | assess student performance that includes participation in mastery 121 |
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165 | 165 | | examinations, pursuant to section 10-14n; (10) procedures for teacher 122 |
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166 | 166 | | evaluation and professional development for teachers and 123 |
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167 | 167 | | administrators; (11) the provision of school facilities, pupil 124 |
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168 | 168 | | transportation and student health and welfare services; (12) 125 |
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169 | 169 | | procedures to encourage involvement by parents and guardians of 126 |
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170 | 170 | | enrolled students in student learning, school activities and school 127 |
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171 | 171 | | decision-making; (13) procedures to document efforts to increase the 128 |
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172 | 172 | | racial and ethnic diversity of staff; (14) a five-year plan to sustain the 129 |
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173 | 173 | | maintenance and operation of the school; (15) a student recruitment 130 |
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174 | 174 | | and retention plan that shall include, but not be limited to, a clear 131 |
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175 | 175 | | description of a plan and the capacity of the school to attract, enroll 132 |
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176 | 176 | | and retain students from among the populations described in 133 |
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177 | 177 | | subparagraph (A)(i) to (A)(v), inclusive, of subdivision (3) of 134 |
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178 | 178 | | subsection (c) of this section; (16) a plan to share student learning 135 |
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179 | 179 | | practices and experiences with the local or regional board of education 136 |
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180 | 180 | | of the town in which the proposed charter school is to be located; and 137 |
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181 | 181 | | (17) in the case of an application in which the governing council of the 138 |
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182 | 182 | | proposed charter school intends to contract with a charter 139 |
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183 | 183 | | management organization for whole school management services: (A) 140 |
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184 | 184 | | Evidence of the charter management organization's ability to (i) serve 141 |
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185 | 185 | | student populations that are similar to the student population that will 142 |
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186 | 186 | | be served by the proposed charter school, (ii) create strong academic 143 |
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187 | 187 | | outcomes for students, and (iii) successfully manage nonacademic 144 |
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188 | 188 | | school functions, (B) a term sheet that sets forth (i) the length of the 145 |
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189 | 189 | | contract for whole school management services, (ii) the roles and 146 |
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190 | 190 | | responsibilities of the governing council of the proposed charter 147 |
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191 | 191 | | school, the staff of the proposed charter school and the charter 148 |
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192 | 192 | | management organization, (iii) the scope of services and resources to 149 |
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193 | 193 | | be provided by the charter management organization, (iv) the 150 |
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194 | 194 | | performance evaluation measures and timelines, (v) the compensation 151 |
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195 | 195 | | structure, including a clear identification of all fees to be paid to the 152 |
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196 | 196 | | charter management organization, (vi) the methods of contract 153 |
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197 | 197 | | oversight and enforcement, and (vii) the conditions for renewal and 154 |
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198 | 198 | | termination of the contract, and (C) evidence of compliance with the 155 Substitute Bill No. 7245 |
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205 | 205 | | provisions of section 10-66tt. Subject to the provisions of subsection (b) 156 |
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206 | 206 | | of section 10-66dd, an application may include, or a charter school may 157 |
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207 | 207 | | file, requests to waive provisions of the general statutes and 158 |
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208 | 208 | | regulations not required under sections 10-66aa to 10-66nn, inclusive, 159 |
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209 | 209 | | and which are within the jurisdiction of the State Board of Education. 160 |
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210 | 210 | | (e) An application for the establishment of a local charter school 161 |
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211 | 211 | | shall be submitted to the local or regional board of education of the 162 |
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212 | 212 | | school district in which the local charter school is to be located for 163 |
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213 | 213 | | approval pursuant to this subsection. The local or regional board of 164 |
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214 | 214 | | education shall: (1) Review the application; (2) hold a public hearing in 165 |
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215 | 215 | | the school district on such application; (3) survey teachers and parents 166 |
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216 | 216 | | in the school district to determine if there is sufficient interest in the 167 |
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217 | 217 | | establishment and operation of the local charter school; and (4) vote on 168 |
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218 | 218 | | a complete application not later than seventy-five days after the date of 169 |
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219 | 219 | | receipt of such application. Such board of education may approve the 170 |
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220 | 220 | | application by a majority vote of the members of the board present and 171 |
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221 | 221 | | voting at a regular or special meeting of the board called for such 172 |
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222 | 222 | | purpose. If the application is approved, the board shall forward the 173 |
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223 | 223 | | application to the State Board of Education. The State Board of 174 |
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224 | 224 | | Education shall vote on the application not later than sixty days after 175 |
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225 | 225 | | the date of receipt of such application. Subject to the provisions of 176 |
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226 | 226 | | subsection (c) of this section, the State Board of Education may 177 |
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227 | 227 | | approve the application and grant the initial certificate of approval for 178 |
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228 | 228 | | the charter for the local charter school or reject such application by a 179 |
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229 | 229 | | majority vote of the members of the state board present and voting at a 180 |
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230 | 230 | | regular or special meeting of the state board called for such purpose. 181 |
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231 | 231 | | The State Board of Education may condition granting the initial 182 |
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232 | 232 | | certificate of approval for the charter for the local charter school on the 183 |
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233 | 233 | | applicant meeting certain conditions determined by the Commissioner 184 |
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234 | 234 | | of Education to be necessary and may authorize the commissioner to 185 |
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235 | 235 | | release the initial certificate of approval for the charter when the 186 |
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236 | 236 | | commissioner determines such conditions are met. After an initial 187 |
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237 | 237 | | certificate of approval for a charter for a local charter school is deemed 188 |
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238 | 238 | | a charter pursuant to subdivision (2) of subsection (a) of this section, 189 Substitute Bill No. 7245 |
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245 | 245 | | such charter may be valid for a period of time of up to five years. The 190 |
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246 | 246 | | state board may allow the applicant to delay its opening for a period of 191 |
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247 | 247 | | up to one school year in order for the applicant to fully prepare to 192 |
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248 | 248 | | provide appropriate instructional services. On and after July 1, 2015, 193 |
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249 | 249 | | any initial certificate of approval for a charter granted by the state 194 |
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250 | 250 | | board to a local charter school shall include academic and 195 |
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251 | 251 | | organizational performance goals, developed by the state board, that 196 |
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252 | 252 | | set forth the performance indicators, measures and metrics that will be 197 |
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253 | 253 | | used by the state board to evaluate the local charter school. 198 |
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254 | 254 | | (f) (1) Except as otherwise provided in subdivision (2) of this 199 |
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255 | 255 | | subsection, an application for the establishment of a state charter 200 |
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256 | 256 | | school shall be (A) submitted to the State Board of Education for 201 |
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257 | 257 | | approval in accordance with the provisions of this subsection, and (B) 202 |
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258 | 258 | | filed with the local or regional board of education in the school district 203 |
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259 | 259 | | in which the charter school is to be located. The state board shall: (i) 204 |
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260 | 260 | | Review such application; (ii) hold a public hearing on such application 205 |
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261 | 261 | | in the school district in which such state charter school is to be located; 206 |
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262 | 262 | | (iii) solicit and review comments on the application from the local or 207 |
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263 | 263 | | regional board of education for the school district in which such 208 |
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264 | 264 | | charter school is to be located and from the local or regional boards of 209 |
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265 | 265 | | education for school districts that are contiguous to the district in 210 |
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266 | 266 | | which such school is to be located; and (iv) vote on a complete 211 |
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267 | 267 | | application not later than ninety days after the date of receipt of such 212 |
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268 | 268 | | application. The State Board of Education may approve an application 213 |
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269 | 269 | | and grant the initial certificate of approval for the charter for the state 214 |
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270 | 270 | | charter school by a majority vote of the members of the state board 215 |
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271 | 271 | | present and voting at a regular or special meeting of the state board 216 |
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272 | 272 | | called for such purpose. The State Board of Education may condition 217 |
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273 | 273 | | granting the initial certificate of approval for the charter for the state 218 |
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274 | 274 | | charter school on the applicant meeting certain conditions determined 219 |
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275 | 275 | | by the Commissioner of Education to be necessary and may authorize 220 |
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276 | 276 | | the commissioner to release the initial certificate of approval for the 221 |
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277 | 277 | | charter when the commissioner determines such conditions are met. 222 |
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278 | 278 | | After an initial certificate of approval for a charter for a state charter 223 Substitute Bill No. 7245 |
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285 | 285 | | school is deemed a charter pursuant to subdivision (2) of subsection (a) 224 |
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286 | 286 | | of this section, such charter may be valid for a period of time of up to 225 |
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287 | 287 | | five years. The state board may allow the applicant to delay its 226 |
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288 | 288 | | opening for a period of up to one school year in order for the applicant 227 |
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289 | 289 | | to fully prepare to provide appropriate instructional services. On and 228 |
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290 | 290 | | after July 1, 2015, any initial certificate of approval for a charter 229 |
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291 | 291 | | granted by the state board to a state charter school shall include 230 |
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292 | 292 | | academic and organizational performance goals, developed by the 231 |
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293 | 293 | | state board, that set forth the performance indicators, measures and 232 |
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294 | 294 | | metrics that will be used by the state board to evaluate the state charter 233 |
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295 | 295 | | school. 234 |
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296 | 296 | | (2) On and after July 1, 2012, and before July 1, 2015, the State Board 235 |
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297 | 297 | | of Education shall not approve more than four applications for the 236 |
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298 | 298 | | establishment of new state charter schools unless two of the four such 237 |
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299 | 299 | | applications are for the establishment of two new state charter schools 238 |
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300 | 300 | | whose mission, purpose and specialized focus is to provide dual 239 |
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301 | 301 | | language programs or other models focusing on language acquisition 240 |
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302 | 302 | | for English language learners. Approval of applications under this 241 |
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303 | 303 | | subdivision shall be in accordance with the provisions of this section. 242 |
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304 | 304 | | (g) Charters may be renewed, upon application, in accordance with 243 |
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305 | 305 | | the provisions of this section for the granting of such charters. Upon 244 |
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306 | 306 | | application for such renewal, the State Board of Education may 245 |
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307 | 307 | | commission an independent appraisal of the performance of the 246 |
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308 | 308 | | charter school that includes, but is not limited to, an evaluation of the 247 |
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309 | 309 | | school's compliance with the provisions of this section and, on and 248 |
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310 | 310 | | after July 1, 2015, progress in meeting the academic and organizational 249 |
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311 | 311 | | performance goals set forth in the charter granted to the charter school. 250 |
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312 | 312 | | The State Board of Education shall consider the results of any such 251 |
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313 | 313 | | appraisal in determining whether to renew such charter. The State 252 |
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314 | 314 | | Board of Education may deny an application for the renewal of a 253 |
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315 | 315 | | charter if (1) student progress has not been sufficiently demonstrated, 254 |
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316 | 316 | | as determined by the commissioner, (2) the governing council has not 255 |
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317 | 317 | | been sufficiently responsible for the operation of the school or has 256 Substitute Bill No. 7245 |
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324 | 324 | | misused or spent public funds in a manner that is detrimental to the 257 |
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325 | 325 | | educational interests of the students attending the charter school, (3) 258 |
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326 | 326 | | the school has not been in compliance with the terms of the charter, 259 |
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327 | 327 | | applicable laws and regulations, (4) the efforts of the school have been 260 |
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328 | 328 | | insufficient to effectively attract, enroll and retain students from 261 |
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329 | 329 | | among the following populations: (A) Students with a history of low 262 |
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330 | 330 | | academic performance, (B) students who receive free or reduced 263 |
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331 | 331 | | priced lunches pursuant to federal law and regulations, (C) students 264 |
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332 | 332 | | with a history of behavioral and social difficulties, (D) students 265 |
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333 | 333 | | identified as requiring special education, or (E) students who are 266 |
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334 | 334 | | English language learners, or (5) the governing council of the state or 267 |
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335 | 335 | | local charter school has not provided evidence that such council has 268 |
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336 | 336 | | initiated substantive communication with the local or regional board of 269 |
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337 | 337 | | education of the town in which the state or local charter school is 270 |
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338 | 338 | | located to share student learning practices and experiences. If the State 271 |
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339 | 339 | | Board of Education does not renew a charter, it shall notify the 272 |
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340 | 340 | | governing council of the charter school of the reasons for such 273 |
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341 | 341 | | nonrenewal. On and after July 1, 2015, any charter renewed by the 274 |
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342 | 342 | | State Board of Education shall include academic and organizational 275 |
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343 | 343 | | performance goals, developed by the state board, that set forth the 276 |
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344 | 344 | | performance indicators, measures and metrics that will be used by the 277 |
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345 | 345 | | state board to evaluate the charter school. 278 |
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346 | 346 | | (h) The Commissioner of Education may at any time place a charter 279 |
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347 | 347 | | school on probation if (1) the school has failed to (A) adequately 280 |
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348 | 348 | | demonstrate student progress, as determined by the commissioner, (B) 281 |
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349 | 349 | | comply with the terms of its charter or with applicable laws and 282 |
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350 | 350 | | regulations, (C) achieve measurable progress in reducing racial, ethnic 283 |
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351 | 351 | | and economic isolation, or (D) maintain its nonsectarian status, or (2) 284 |
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352 | 352 | | the governing council has demonstrated an inability to provide 285 |
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353 | 353 | | effective leadership to oversee the operation of the charter school or 286 |
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354 | 354 | | has not ensured that public funds are expended prudently or in a 287 |
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355 | 355 | | manner required by law. If a charter school is placed on probation, the 288 |
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356 | 356 | | commissioner shall provide written notice to the charter school of the 289 |
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357 | 357 | | reasons for such placement, not later than five days after the 290 Substitute Bill No. 7245 |
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364 | 364 | | placement, and shall require the charter school to file with the 291 |
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365 | 365 | | Department of Education a corrective action plan acceptable to the 292 |
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366 | 366 | | commissioner not later than thirty-five days from the date of such 293 |
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367 | 367 | | placement. The charter school shall implement a corrective action plan 294 |
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368 | 368 | | accepted by the commissioner not later than thirty days after the date 295 |
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369 | 369 | | of such acceptance. The commissioner may impose any additional 296 |
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370 | 370 | | terms of probation on the school that the commissioner deems 297 |
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371 | 371 | | necessary to protect the educational or financial interests of the state. 298 |
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372 | 372 | | The charter school shall comply with any such additional terms not 299 |
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373 | 373 | | later than thirty days after the date of their imposition. The 300 |
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374 | 374 | | commissioner shall determine the length of time of the probationary 301 |
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375 | 375 | | period, which may be up to one year, provided the commissioner may 302 |
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376 | 376 | | extend such period, for up to one additional year, if the commissioner 303 |
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377 | 377 | | deems it necessary. In the event that the charter school does not file or 304 |
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378 | 378 | | implement the corrective action plan within the required time period 305 |
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379 | 379 | | or does not comply with any additional terms within the required time 306 |
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380 | 380 | | period, the Commissioner of Education may withhold grant funds 307 |
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381 | 381 | | from the school until the plan is fully implemented or the school 308 |
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382 | 382 | | complies with the terms of probation, provided the commissioner may 309 |
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383 | 383 | | extend the time period for such implementation and compliance for 310 |
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384 | 384 | | good cause shown. Whenever a charter school is placed on probation, 311 |
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385 | 385 | | the commissioner shall notify the parents or guardians of students 312 |
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386 | 386 | | attending the school of the probationary status of the school and the 313 |
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387 | 387 | | reasons for such status. During the term of probation, the 314 |
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388 | 388 | | commissioner may require the school to file interim reports concerning 315 |
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389 | 389 | | any matter the commissioner deems relevant to the probationary 316 |
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390 | 390 | | status of the school, including financial reports or statements. No 317 |
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391 | 391 | | charter school on probation may increase its student enrollment or 318 |
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392 | 392 | | engage in the recruitment of new students without the consent of the 319 |
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393 | 393 | | commissioner. 320 |
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394 | 394 | | (i) The State Board of Education may revoke a charter if a charter 321 |
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395 | 395 | | school has failed to: (1) Comply with the terms of probation, including 322 |
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396 | 396 | | the failure to file or implement a corrective action plan; (2) 323 |
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397 | 397 | | demonstrate satisfactory student progress, as determined by the 324 Substitute Bill No. 7245 |
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404 | 404 | | commissioner; (3) comply with the terms of its charter or applicable 325 |
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405 | 405 | | laws and regulations; or (4) manage its public funds in a prudent or 326 |
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406 | 406 | | legal manner. Unless an emergency exists, prior to revoking a charter, 327 |
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407 | 407 | | the State Board of Education shall provide the governing council of the 328 |
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408 | 408 | | charter school with a written notice of the reasons for the revocation, 329 |
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409 | 409 | | including the identification of specific incidents of noncompliance with 330 |
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410 | 410 | | the law, regulation or charter or other matters warranting revocation 331 |
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411 | 411 | | of the charter. The State Board of Education shall also provide the 332 |
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412 | 412 | | governing council with the opportunity to demonstrate compliance 333 |
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413 | 413 | | with all requirements for the retention of its charter by providing the 334 |
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414 | 414 | | State Board of Education or a subcommittee of the board, as 335 |
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415 | 415 | | determined by the State Board of Education, with a written or oral 336 |
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416 | 416 | | presentation. Such presentation shall include an opportunity for the 337 |
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417 | 417 | | governing council to present documentary and testimonial evidence to 338 |
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418 | 418 | | refute the facts cited by the State Board of Education for the proposed 339 |
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419 | 419 | | revocation or in justification of its activities. Such opportunity shall not 340 |
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420 | 420 | | constitute a contested case within the meaning of chapter 54. The State 341 |
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421 | 421 | | Board of Education shall determine, not later than thirty days after the 342 |
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422 | 422 | | date of an oral presentation or receipt of a written presentation, 343 |
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423 | 423 | | whether and when the charter shall be revoked and notify the 344 |
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424 | 424 | | governing council of the decision and the reasons therefor. A decision 345 |
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425 | 425 | | to revoke a charter shall not constitute a final decision for purposes of 346 |
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426 | 426 | | chapter 54. In the event an emergency exists in which the 347 |
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427 | 427 | | commissioner finds that there is imminent harm to the students 348 |
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428 | 428 | | attending a charter school, the State Board of Education may 349 |
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429 | 429 | | immediately revoke the charter of the school, provided the notice 350 |
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430 | 430 | | concerning the reasons for the revocation is sent to the governing 351 |
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431 | 431 | | council not later than ten days after the date of revocation and the 352 |
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432 | 432 | | governing council is provided an opportunity to make a presentation 353 |
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433 | 433 | | to the board not later than twenty days from the date of such notice. 354 |
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434 | 434 | | (j) Any member of the armed forces, as defined in subsection (a) of 355 |
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435 | 435 | | section 27-103, who is both a nonresident of this state and the parent or 356 |
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436 | 436 | | guardian of a nonresident student, shall be allowed to participate in an 357 |
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437 | 437 | | enrollment lottery described in subdivision (8) of subsection (d) of this 358 Substitute Bill No. 7245 |
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444 | 444 | | section for the purposes of enrolling such student in any charter school 359 |
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445 | 445 | | in this state, provided (A) such member and such student will move to 360 |
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446 | 446 | | and establish residence in this state prior to the beginning of the school 361 |
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447 | 447 | | year for which enrollment is sought, as a result of such member's 362 |
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448 | 448 | | service in the armed forces, and (B) such member gives such charter 363 |
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449 | 449 | | school a copy of the member's military orders and written notice of his 364 |
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450 | 450 | | or her intention to move to and reside in this state with such student. 365 |
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451 | 451 | | [(j)] (k) (1) The governing council of a state or local charter school 366 |
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452 | 452 | | may apply to the State Board of Education for a waiver of the 367 |
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453 | 453 | | requirements of the enrollment lottery described in subdivision (8) of 368 |
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454 | 454 | | subsection (d) of this section, provided such state or local charter 369 |
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455 | 455 | | school has as its primary purpose the establishment of education 370 |
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456 | 456 | | programs designed to serve one or more of the following populations: 371 |
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457 | 457 | | (A) Students with a history of behavioral and social difficulties, (B) 372 |
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458 | 458 | | students identified as requiring special education, (C) students who 373 |
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459 | 459 | | are English language learners, or (D) students of a single gender. 374 |
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460 | 460 | | (2) An enrollment lottery described in subdivision (8) of subsection 375 |
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461 | 461 | | (d) of this section shall not be held for a local charter school that is 376 |
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462 | 462 | | established at a school that is among the schools with a percentage 377 |
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463 | 463 | | equal to or less than five per cent when all schools are ranked highest 378 |
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464 | 464 | | to lowest in accountability index scores, as defined in section 10-223e. 379 |
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465 | 465 | | Sec. 2. Section 10-264l of the general statutes is amended by adding 380 |
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466 | 466 | | subsection (q) as follows (Effective October 1, 2019): 381 |
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467 | 467 | | (NEW) (q) Any member of the armed forces, as defined in 382 |
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468 | 468 | | subsection (a) of section 27-103, who is both a nonresident of this state 383 |
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469 | 469 | | and the parent or guardian of a nonresident student, shall be allowed 384 |
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470 | 470 | | to participate in an enrollment lottery described in subdivision (3) of 385 |
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471 | 471 | | subsection (m) of this section and subsection (a) of section 10-264o for 386 |
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472 | 472 | | the purpose of enrolling such student in any interdistrict magnet 387 |
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473 | 473 | | school in this state, provided (1) such member and such student will 388 |
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474 | 474 | | move to and establish residence in this state prior to the beginning of 389 |
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475 | 475 | | the school year for which enrollment is sought, as a result of such 390 Substitute Bill No. 7245 |
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