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 Section 10-66bb of the general statutes is repealed and the 1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