4 | 4 | | SB.docx |
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7 | 7 | | General Assembly Substitute Bill No. 229 |
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8 | 8 | | February Session, 2022 |
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12 | 12 | | |
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13 | 13 | | AN ACT CONCERNING THE PROCESS BY WHICH A CHARTER IS |
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14 | 14 | | GRANTED AND FUNDING IS PROVIDED FOR A NEW CHARTER |
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15 | 15 | | SCHOOL. |
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16 | 16 | | Be it enacted by the Senate and House of Representatives in General |
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17 | 17 | | Assembly convened: |
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18 | 18 | | |
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19 | 19 | | Section 1. (NEW) (Effective July 1, 2022) There is established an 1 |
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20 | 20 | | account to be known as the charter school approval grant account which 2 |
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21 | 21 | | shall be a separate, nonlapsing account within the General Fund. The 3 |
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22 | 22 | | account shall contain any moneys required by law to be deposited in the 4 |
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23 | 23 | | account. Moneys in the account shall be expended by the Commissioner 5 |
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24 | 24 | | of Education, in accordance with the provisions of section 10-66ee of the 6 |
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25 | 25 | | general statutes, as amended by this act, for the purpose of providing 7 |
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26 | 26 | | the initial funding for a local or state charter school that has been 8 |
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27 | 27 | | granted a new charter pursuant to section 10-66bb of the general 9 |
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28 | 28 | | statutes, as amended by this act, in the fiscal year immediately following 10 |
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29 | 29 | | the fiscal year in which such charter was granted. 11 |
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30 | 30 | | Sec. 2. Section 10-66ee of the 2022 supplement to the general statutes 12 |
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31 | 31 | | is amended by adding subsection (o) as follows (Effective July 1, 2022): 13 |
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32 | 32 | | (NEW) (o) Any unexpended funds appropriated for purposes of this 14 |
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33 | 33 | | section shall not lapse at the end of the fiscal year but shall be deposited 15 |
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34 | 34 | | in the charter school approval grant account, established pursuant to 16 |
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35 | 35 | | section 1 of this act, and shall be available for expenditure during the 17 |
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36 | 36 | | next fiscal year in accordance with the provisions of said section. 18 Substitute Bill No. 229 |
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43 | 43 | | Sec. 3. Section 10-66bb of the general statutes is repealed and the 19 |
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44 | 44 | | following is substituted in lieu thereof (Effective July 1, 2022): 20 |
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45 | 45 | | (a) (1) On and after July 1, [1997, and prior to July 1, 2015] 2022, the 21 |
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46 | 46 | | State Board of Education may grant charters for local and state charter 22 |
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47 | 47 | | schools in accordance with this section. [On and after July 1, 2015, such 23 |
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48 | 48 | | state board may grant initial certificates of approval for charters for local 24 |
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49 | 49 | | and state charter schools in accordance with this section. Upon granting 25 |
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50 | 50 | | an initial certificate of approval for a charter, such state board shall 26 |
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51 | 51 | | submit a copy of the initial certificate of approval for the charter and a 27 |
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52 | 52 | | summary of the comments made at a public hearing conducted 28 |
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53 | 53 | | pursuant to subdivision (2) of subsection (e) of this section or 29 |
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54 | 54 | | subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section, 30 |
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55 | 55 | | in accordance with section 11-4a, to the joint standing committees of the 31 |
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56 | 56 | | General Assembly having cognizance of matters relating to education 32 |
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57 | 57 | | and appropriations and the budgets of state agencies.] 33 |
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58 | 58 | | (2) The General Assembly may appropriate funds to the [Department 34 |
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59 | 59 | | of Education for the purposes of providing grants to local and state 35 |
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60 | 60 | | charter schools, pursuant to section 10-66ee. If such funds are 36 |
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61 | 61 | | appropriated, an initial certificate of approval for a charter for a local or 37 |
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62 | 62 | | state charter school shall be effective and deemed a charter as of July 38 |
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63 | 63 | | first of the first fiscal year for which such funds are appropriated] 39 |
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64 | 64 | | charter school approval grant account, pursuant to section 1 of this act, 40 |
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65 | 65 | | for the purposes of providing the initial funding for a local or state 41 |
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66 | 66 | | charter school that has been granted a new charter. The Commissioner 42 |
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67 | 67 | | of Education shall expend, in accordance with the provisions of section 43 |
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68 | 68 | | 10-66ee, as amended by this act, the funds appropriated to such account 44 |
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69 | 69 | | in the fiscal year immediately following the fiscal year in which such 45 |
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70 | 70 | | charter was granted. 46 |
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71 | 71 | | (3) A charter [or initial certificate of approval for a charter] granted 47 |
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72 | 72 | | under this section shall not be considered a license, as defined in section 48 |
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73 | 73 | | 4-166, for the purposes of chapter 54. 49 |
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74 | 74 | | (b) Any not-for-profit organization that is exempt from taxation 50 Substitute Bill No. 229 |
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81 | 81 | | under Section 501(c)(3) of the Internal Revenue Code of 1986, or any 51 |
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82 | 82 | | subsequent corresponding internal revenue code of the United States, 52 |
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83 | 83 | | as amended from time to time, public or independent institution of 53 |
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84 | 84 | | higher education, local or regional board of education or two or more 54 |
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85 | 85 | | boards of education cooperatively, or regional educational service 55 |
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86 | 86 | | center may apply to the Commissioner of Education, at such time and 56 |
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87 | 87 | | in such manner as the commissioner prescribes, to [obtain an initial 57 |
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88 | 88 | | certificate of approval for a charter] establish a charter school, provided 58 |
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89 | 89 | | no nonpublic elementary or secondary school may be established as a 59 |
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90 | 90 | | charter school and no parent or group of parents providing home 60 |
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91 | 91 | | instruction may establish a charter school for such instruction. 61 |
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92 | 92 | | (c) On and after July 1, [2015] 2022, the State Board of Education shall 62 |
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93 | 93 | | review, annually, all applications and grant [initial certificates of 63 |
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94 | 94 | | approval for] charters, in accordance with subsections (e) and (f) of this 64 |
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95 | 95 | | section, for a local or state charter school located in a town that has one 65 |
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96 | 96 | | or more schools that have been designated as a commissioner's network 66 |
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97 | 97 | | school, pursuant to section 10-223h, at the time of such application, or a 67 |
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98 | 98 | | town that has been designated as a low achieving school district, 68 |
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99 | 99 | | pursuant to section 10-223e, at the time of such application. (1) Except 69 |
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100 | 100 | | as provided for in subdivision (2) of this subsection, no state charter 70 |
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101 | 101 | | school shall enroll (A) (i) more than two hundred fifty students, or (ii) 71 |
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102 | 102 | | in the case of a kindergarten to grade eight, inclusive, school, more than 72 |
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103 | 103 | | three hundred students, or (B) twenty-five per cent of the enrollment of 73 |
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104 | 104 | | the school district in which the state charter school is to be located, 74 |
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105 | 105 | | whichever is less. (2) In the case of a state charter school found by the 75 |
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106 | 106 | | State Board of Education to have a demonstrated record of achievement, 76 |
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107 | 107 | | said board shall, upon application by such school to said board, waive 77 |
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108 | 108 | | the provisions of subdivision (1) of this subsection for such school. (3) 78 |
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109 | 109 | | The State Board of Education shall give preference to applicants for 79 |
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110 | 110 | | charter schools (A) whose primary purpose is the establishment of 80 |
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111 | 111 | | education programs designed to serve one or more of the following 81 |
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112 | 112 | | student populations: (i) Students with a history of low academic 82 |
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113 | 113 | | performance, (ii) students who receive free or reduced priced lunches 83 |
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114 | 114 | | pursuant to federal law and regulations, (iii) students with a history of 84 Substitute Bill No. 229 |
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121 | 121 | | behavioral and social difficulties, (iv) students identified as requiring 85 |
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122 | 122 | | special education, (v) students who are English language learners, or 86 |
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123 | 123 | | (vi) students of a single gender; (B) whose primary purpose is to 87 |
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124 | 124 | | improve the academic performance of an existing school that has 88 |
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125 | 125 | | consistently demonstrated substandard academic performance, as 89 |
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126 | 126 | | determined by the Commissioner of Education; (C) that will serve 90 |
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127 | 127 | | students who reside in a priority school district pursuant to section 10-91 |
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128 | 128 | | 266p; (D) that will serve students who reside in a district in which 92 |
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129 | 129 | | seventy-five per cent or more of the enrolled students are members of 93 |
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130 | 130 | | racial or ethnic minorities; (E) that demonstrate highly credible and 94 |
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131 | 131 | | specific strategies to attract, enroll and retain students from among the 95 |
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132 | 132 | | populations described in subparagraph (A)(i) to (A)(vi), inclusive, of 96 |
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133 | 133 | | this subdivision; or (F) that, in the case of an applicant for a state charter 97 |
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134 | 134 | | school, such state charter school will be located at a work-site or such 98 |
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135 | 135 | | applicant is an institution of higher education. In determining whether 99 |
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136 | 136 | | to grant [an initial certificate of approval for] a charter, the State Board 100 |
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137 | 137 | | of Education shall consider (i) the effect of the proposed charter school 101 |
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138 | 138 | | on (I) the reduction of racial, ethnic and economic isolation in the region 102 |
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139 | 139 | | in which it is to be located, (II) the regional distribution of charter 103 |
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140 | 140 | | schools in the state, (III) the potential of over-concentration of charter 104 |
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141 | 141 | | schools within a school district or in contiguous school districts, and (IV) 105 |
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142 | 142 | | the state's efforts to close achievement gaps, as defined in section 10-106 |
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143 | 143 | | 16oo, and (ii) the comments made at a public hearing conducted 107 |
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144 | 144 | | pursuant to subdivision (2) of subsection (e) of this section or 108 |
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145 | 145 | | subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section. 109 |
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146 | 146 | | (d) Applications pursuant to this section shall include a description 110 |
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147 | 147 | | of: (1) The mission, purpose and any specialized focus of the proposed 111 |
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148 | 148 | | charter school; (2) the interest in the community for the establishment of 112 |
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149 | 149 | | the charter school; (3) the school governance and procedures for the 113 |
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150 | 150 | | establishment of a governing council that (A) includes (i) teachers and 114 |
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151 | 151 | | parents and guardians of students enrolled in the school, and (ii) the 115 |
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152 | 152 | | chairperson of the local or regional board of education of the town in 116 |
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153 | 153 | | which the charter school is located and which has jurisdiction over a 117 |
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154 | 154 | | school that resembles the approximate grade configuration of the 118 Substitute Bill No. 229 |
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161 | 161 | | charter school, or the designee of such chairperson, provided such 119 |
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162 | 162 | | designee is a member of the board of education or the superintendent of 120 |
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163 | 163 | | schools for the school district, or the superintendent's designee, and (B) 121 |
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164 | 164 | | is responsible for the oversight of charter school operations, provided 122 |
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165 | 165 | | no member or employee of the governing council may have a personal 123 |
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166 | 166 | | or financial interest in the assets, real or personal, of the school; (4) the 124 |
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167 | 167 | | financial plan for operation of the school, provided no application fees 125 |
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168 | 168 | | or other fees for attendance, except as provided in this section, may be 126 |
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169 | 169 | | charged; (5) the educational program, instructional methodology and 127 |
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170 | 170 | | services to be offered to students; (6) the number and qualifications of 128 |
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171 | 171 | | teachers and administrators to be employed in the school; (7) the 129 |
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172 | 172 | | organization of the school in terms of the ages or grades to be taught 130 |
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173 | 173 | | and the total estimated enrollment of the school; (8) the student 131 |
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174 | 174 | | admission criteria and procedures to (A) ensure effective public 132 |
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175 | 175 | | information, (B) ensure open access on a space available basis, including 133 |
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176 | 176 | | the enrollment of students during the school year if spaces become 134 |
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177 | 177 | | available in the charter school, (C) promote a diverse student body, and 135 |
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178 | 178 | | (D) ensure that the school complies with the provisions of section 10-15c 136 |
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179 | 179 | | and that it does not discriminate on the basis of disability, athletic 137 |
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180 | 180 | | performance or proficiency in the English language, provided the school 138 |
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181 | 181 | | may limit enrollment to a particular grade level or specialized 139 |
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182 | 182 | | educational focus and, if there is not space available for all students 140 |
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183 | 183 | | seeking enrollment, the school may give preference to siblings but shall 141 |
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184 | 184 | | otherwise determine enrollment by a lottery, except the State Board of 142 |
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185 | 185 | | Education may waive the requirements for such enrollment lottery 143 |
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186 | 186 | | pursuant to subsection (j) of this section; (9) a means to assess student 144 |
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187 | 187 | | performance that includes participation in mastery examinations, 145 |
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188 | 188 | | pursuant to section 10-14n; (10) procedures for teacher evaluation and 146 |
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189 | 189 | | professional development for teachers and administrators; (11) the 147 |
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190 | 190 | | provision of school facilities, pupil transportation and student health 148 |
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191 | 191 | | and welfare services; (12) procedures to encourage involvement by 149 |
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192 | 192 | | parents and guardians of enrolled students in student learning, school 150 |
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193 | 193 | | activities and school decision-making; (13) procedures to document 151 |
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194 | 194 | | efforts to increase the racial and ethnic diversity of staff; (14) a five-year 152 |
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195 | 195 | | plan to sustain the maintenance and operation of the school; (15) a 153 Substitute Bill No. 229 |
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202 | 202 | | student recruitment and retention plan that shall include, but not be 154 |
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203 | 203 | | limited to, a clear description of a plan and the capacity of the school to 155 |
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204 | 204 | | attract, enroll and retain students from among the populations 156 |
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205 | 205 | | described in subparagraph (A)(i) to (A)(v), inclusive, of subdivision (3) 157 |
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206 | 206 | | of subsection (c) of this section; (16) a plan to share student learning 158 |
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207 | 207 | | practices and experiences with the local or regional board of education 159 |
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208 | 208 | | of the town in which the proposed charter school is to be located; and 160 |
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209 | 209 | | (17) in the case of an application in which the governing council of the 161 |
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210 | 210 | | proposed charter school intends to contract with a charter management 162 |
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211 | 211 | | organization for whole school management services: (A) Evidence of the 163 |
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212 | 212 | | charter management organization's ability to (i) serve student 164 |
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213 | 213 | | populations that are similar to the student population that will be served 165 |
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214 | 214 | | by the proposed charter school, (ii) create strong academic outcomes for 166 |
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215 | 215 | | students, and (iii) successfully manage nonacademic school functions, 167 |
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216 | 216 | | (B) a term sheet that sets forth (i) the length of the contract for whole 168 |
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217 | 217 | | school management services, (ii) the roles and responsibilities of the 169 |
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218 | 218 | | governing council of the proposed charter school, the staff of the 170 |
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219 | 219 | | proposed charter school and the charter management organization, (iii) 171 |
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220 | 220 | | the scope of services and resources to be provided by the charter 172 |
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221 | 221 | | management organization, (iv) the performance evaluation measures 173 |
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222 | 222 | | and timelines, (v) the compensation structure, including a clear 174 |
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223 | 223 | | identification of all fees to be paid to the charter management 175 |
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224 | 224 | | organization, (vi) the methods of contract oversight and enforcement, 176 |
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225 | 225 | | and (vii) the conditions for renewal and termination of the contract, and 177 |
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226 | 226 | | (C) evidence of compliance with the provisions of section 10-66tt. 178 |
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227 | 227 | | Subject to the provisions of subsection (b) of section 10-66dd, an 179 |
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228 | 228 | | application may include, or a charter school may file, requests to waive 180 |
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229 | 229 | | provisions of the general statutes and regulations not required under 181 |
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230 | 230 | | sections 10-66aa to 10-66nn, inclusive, and which are within the 182 |
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231 | 231 | | jurisdiction of the State Board of Education. 183 |
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232 | 232 | | (e) An application for the establishment of a local charter school shall 184 |
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233 | 233 | | be submitted to the local or regional board of education of the school 185 |
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234 | 234 | | district in which the local charter school is to be located for approval 186 |
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235 | 235 | | pursuant to this subsection. The local or regional board of education 187 Substitute Bill No. 229 |
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242 | 242 | | shall: (1) Review the application; (2) hold a public hearing in the school 188 |
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243 | 243 | | district on such application; (3) survey teachers and parents in the school 189 |
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244 | 244 | | district to determine if there is sufficient interest in the establishment 190 |
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245 | 245 | | and operation of the local charter school; and (4) vote on a complete 191 |
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246 | 246 | | application not later than seventy-five days after the date of receipt of 192 |
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247 | 247 | | such application. Such board of education may approve the application 193 |
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248 | 248 | | by a majority vote of the members of the board present and voting at a 194 |
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249 | 249 | | regular or special meeting of the board called for such purpose. If the 195 |
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250 | 250 | | application is approved, the board shall forward the application to the 196 |
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251 | 251 | | State Board of Education. The State Board of Education shall vote on the 197 |
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252 | 252 | | application not later than sixty days after the date of receipt of such 198 |
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253 | 253 | | application. Subject to the provisions of subsection (c) of this section, the 199 |
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254 | 254 | | State Board of Education may approve the application and grant [the 200 |
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255 | 255 | | initial certificate of approval for the] a charter for the local charter school 201 |
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256 | 256 | | or reject such application by a majority vote of the members of the state 202 |
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257 | 257 | | board present and voting at a regular or special meeting of the state 203 |
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258 | 258 | | board called for such purpose. The State Board of Education may 204 |
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259 | 259 | | condition [granting the initial certificate of approval for the charter for 205 |
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260 | 260 | | the local charter school on the applicant] the opening of such school on 206 |
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261 | 261 | | the school's meeting certain conditions determined by the 207 |
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262 | 262 | | Commissioner of Education to be necessary and may authorize the 208 |
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263 | 263 | | commissioner to release [the initial certificate of approval for] the 209 |
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264 | 264 | | charter when the commissioner determines such conditions are met. 210 |
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265 | 265 | | [After an initial certificate of approval for a charter for a local charter 211 |
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266 | 266 | | school is deemed a charter pursuant to subdivision (2) of subsection (a) 212 |
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267 | 267 | | of this section, such charter may be valid] The state board may grant the 213 |
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268 | 268 | | charter for the local charter school for a period of time of up to five years. 214 |
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269 | 269 | | The state board may allow the applicant to delay its opening for a period 215 |
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270 | 270 | | of up to one school year in order for the applicant to fully prepare to 216 |
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271 | 271 | | provide appropriate instructional services. On and after July 1, [2015, 217 |
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272 | 272 | | any initial certificate of approval for a] 2022, a charter granted by the 218 |
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273 | 273 | | state board to a local charter school shall include academic and 219 |
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274 | 274 | | organizational performance goals, developed by the state board, that set 220 |
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275 | 275 | | forth the performance indicators, measures and metrics that will be used 221 |
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276 | 276 | | by the state board to evaluate the local charter school. 222 Substitute Bill No. 229 |
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283 | 283 | | (f) (1) Except as otherwise provided in subdivision (2) of this 223 |
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284 | 284 | | subsection, an application for the establishment of a state charter school 224 |
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285 | 285 | | shall be (A) submitted to the State Board of Education for approval in 225 |
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286 | 286 | | accordance with the provisions of this subsection, and (B) filed with the 226 |
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287 | 287 | | local or regional board of education in the school district in which the 227 |
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288 | 288 | | charter school is to be located. The state board shall: (i) Review such 228 |
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289 | 289 | | application; (ii) hold a public hearing on such application in the school 229 |
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290 | 290 | | district in which such state charter school is to be located; (iii) solicit and 230 |
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291 | 291 | | review comments on the application from the local or regional board of 231 |
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292 | 292 | | education for the school district in which such charter school is to be 232 |
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293 | 293 | | located and from the local or regional boards of education for school 233 |
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294 | 294 | | districts that are contiguous to the district in which such school is to be 234 |
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295 | 295 | | located; and (iv) vote on a complete application not later than ninety 235 |
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296 | 296 | | days after the date of receipt of such application. The State Board of 236 |
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297 | 297 | | Education may approve an application and grant [the initial certificate 237 |
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298 | 298 | | of approval for] the charter for the state charter school by a majority vote 238 |
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299 | 299 | | of the members of the state board present and voting at a regular or 239 |
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300 | 300 | | special meeting of the state board called for such purpose. The State 240 |
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301 | 301 | | Board of Education may condition [granting the initial certificate of 241 |
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302 | 302 | | approval for the charter for the state charter school on the applicant] the 242 |
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303 | 303 | | opening of such school on the school's meeting certain conditions 243 |
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304 | 304 | | determined by the Commissioner of Education to be necessary and may 244 |
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305 | 305 | | authorize the commissioner to release [the initial certificate of approval 245 |
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306 | 306 | | for] the charter when the commissioner determines such conditions are 246 |
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307 | 307 | | met. [After an initial certificate of approval for a charter for a state 247 |
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308 | 308 | | charter school is deemed a charter pursuant to subdivision (2) of 248 |
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309 | 309 | | subsection (a) of this section, such charter may be valid] Charters shall 249 |
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310 | 310 | | be granted for a period of time of up to five years. The state board may 250 |
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311 | 311 | | allow the applicant to delay its opening for a period of up to one school 251 |
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312 | 312 | | year in order for the applicant to fully prepare to provide appropriate 252 |
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313 | 313 | | instructional services. On and after July 1, [2015, any initial certificate of 253 |
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314 | 314 | | approval for a] 2022, a charter granted by the state board to a state 254 |
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315 | 315 | | charter school shall include academic and organizational performance 255 |
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316 | 316 | | goals, developed by the state board, that set forth the performance 256 |
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317 | 317 | | indicators, measures and metrics that will be used by the state board to 257 Substitute Bill No. 229 |
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324 | 324 | | evaluate the state charter school. 258 |
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325 | 325 | | (2) [On and after July 1, 2012, and before July 1, 2015, the State Board 259 |
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326 | 326 | | of Education shall not approve more than four applications for the 260 |
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327 | 327 | | establishment of new state charter schools unless two of the four such 261 |
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328 | 328 | | applications are for the establishment of two new state charter schools 262 |
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329 | 329 | | whose mission, purpose and specialized focus is to provide dual 263 |
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330 | 330 | | language programs or other models focusing on language acquisition 264 |
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331 | 331 | | for English language learners. Approval of applications under this 265 |
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332 | 332 | | subdivision shall be in accordance with the provisions of this section.] 266 |
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333 | 333 | | For the fiscal year ending June 30, 2023, and each fiscal year thereafter, 267 |
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334 | 334 | | the State Board of Education shall not approve more than two 268 |
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335 | 335 | | applications for the establishment of a new state charter school in any 269 |
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336 | 336 | | fiscal year. 270 |
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337 | 337 | | (g) Charters may be renewed, upon application, in accordance with 271 |
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338 | 338 | | the provisions of this section for the granting of such charters. Upon 272 |
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339 | 339 | | application for such renewal, the State Board of Education may 273 |
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340 | 340 | | commission an independent appraisal of the performance of the charter 274 |
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341 | 341 | | school that includes, but is not limited to, an evaluation of the school's 275 |
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342 | 342 | | compliance with the provisions of this section and, on and after July 1, 276 |
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343 | 343 | | 2015, progress in meeting the academic and organizational performance 277 |
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344 | 344 | | goals set forth in the charter granted to the charter school. The State 278 |
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345 | 345 | | Board of Education shall consider the results of any such appraisal in 279 |
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346 | 346 | | determining whether to renew such charter. The State Board of 280 |
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347 | 347 | | Education may deny an application for the renewal of a charter if (1) 281 |
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348 | 348 | | student progress has not been sufficiently demonstrated, as determined 282 |
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349 | 349 | | by the commissioner, (2) the governing council has not been sufficiently 283 |
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350 | 350 | | responsible for the operation of the school or has misused or spent 284 |
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351 | 351 | | public funds in a manner that is detrimental to the educational interests 285 |
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352 | 352 | | of the students attending the charter school, (3) the school has not been 286 |
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353 | 353 | | in compliance with the terms of the charter, applicable laws and 287 |
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354 | 354 | | regulations, (4) the efforts of the school have been insufficient to 288 |
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355 | 355 | | effectively attract, enroll and retain students from among the following 289 |
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356 | 356 | | populations: (A) Students with a history of low academic performance, 290 Substitute Bill No. 229 |
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357 | 357 | | |
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363 | 363 | | (B) students who receive free or reduced priced lunches pursuant to 291 |
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364 | 364 | | federal law and regulations, (C) students with a history of behavioral 292 |
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365 | 365 | | and social difficulties, (D) students identified as requiring special 293 |
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366 | 366 | | education, or (E) students who are English language learners, or (5) the 294 |
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367 | 367 | | governing council of the state or local charter school has not provided 295 |
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368 | 368 | | evidence that such council has initiated substantive communication 296 |
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369 | 369 | | with the local or regional board of education of the town in which the 297 |
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370 | 370 | | state or local charter school is located to share student learning practices 298 |
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371 | 371 | | and experiences. If the State Board of Education does not renew a 299 |
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372 | 372 | | charter, it shall notify the governing council of the charter school of the 300 |
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373 | 373 | | reasons for such nonrenewal. On and after July 1, 2015, any charter 301 |
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374 | 374 | | renewed by the State Board of Education shall include academic and 302 |
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375 | 375 | | organizational performance goals, developed by the state board, that set 303 |
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376 | 376 | | forth the performance indicators, measures and metrics that will be used 304 |
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377 | 377 | | by the state board to evaluate the charter school. 305 |
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378 | 378 | | (h) The Commissioner of Education may at any time place a charter 306 |
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379 | 379 | | school on probation if (1) the school has failed to (A) adequately 307 |
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380 | 380 | | demonstrate student progress, as determined by the commissioner, (B) 308 |
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381 | 381 | | comply with the terms of its charter or with applicable laws and 309 |
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382 | 382 | | regulations, (C) achieve measurable progress in reducing racial, ethnic 310 |
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383 | 383 | | and economic isolation, or (D) maintain its nonsectarian status, or (2) the 311 |
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384 | 384 | | governing council has demonstrated an inability to provide effective 312 |
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385 | 385 | | leadership to oversee the operation of the charter school or has not 313 |
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386 | 386 | | ensured that public funds are expended prudently or in a manner 314 |
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387 | 387 | | required by law. If a charter school is placed on probation, the 315 |
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388 | 388 | | commissioner shall provide written notice to the charter school of the 316 |
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389 | 389 | | reasons for such placement, not later than five days after the placement, 317 |
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390 | 390 | | and shall require the charter school to file with the Department of 318 |
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391 | 391 | | Education a corrective action plan acceptable to the commissioner not 319 |
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392 | 392 | | later than thirty-five days from the date of such placement. The charter 320 |
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393 | 393 | | school shall implement a corrective action plan accepted by the 321 |
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394 | 394 | | commissioner not later than thirty days after the date of such 322 |
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395 | 395 | | acceptance. The commissioner may impose any additional terms of 323 |
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396 | 396 | | probation on the school that the commissioner deems necessary to 324 Substitute Bill No. 229 |
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397 | 397 | | |
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398 | 398 | | |
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402 | 402 | | |
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403 | 403 | | protect the educational or financial interests of the state. The charter 325 |
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404 | 404 | | school shall comply with any such additional terms not later than thirty 326 |
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405 | 405 | | days after the date of their imposition. The commissioner shall 327 |
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406 | 406 | | determine the length of time of the probationary period, which may be 328 |
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407 | 407 | | up to one year, provided the commissioner may extend such period, for 329 |
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408 | 408 | | up to one additional year, if the commissioner deems it necessary. In the 330 |
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409 | 409 | | event that the charter school does not file or implement the corrective 331 |
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410 | 410 | | action plan within the required time period or does not comply with any 332 |
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411 | 411 | | additional terms within the required time period, the Commissioner of 333 |
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412 | 412 | | Education may withhold grant funds from the school until the plan is 334 |
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413 | 413 | | fully implemented or the school complies with the terms of probation, 335 |
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414 | 414 | | provided the commissioner may extend the time period for such 336 |
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415 | 415 | | implementation and compliance for good cause shown. Whenever a 337 |
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416 | 416 | | charter school is placed on probation, the commissioner shall notify the 338 |
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417 | 417 | | parents or guardians of students attending the school of the 339 |
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418 | 418 | | probationary status of the school and the reasons for such status. During 340 |
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419 | 419 | | the term of probation, the commissioner may require the school to file 341 |
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420 | 420 | | interim reports concerning any matter the commissioner deems relevant 342 |
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421 | 421 | | to the probationary status of the school, including financial reports or 343 |
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422 | 422 | | statements. No charter school on probation may increase its student 344 |
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423 | 423 | | enrollment or engage in the recruitment of new students without the 345 |
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424 | 424 | | consent of the commissioner. 346 |
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425 | 425 | | (i) The State Board of Education may revoke a charter if a charter 347 |
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426 | 426 | | school has failed to: (1) Comply with the terms of probation, including 348 |
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427 | 427 | | the failure to file or implement a corrective action plan; (2) demonstrate 349 |
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428 | 428 | | satisfactory student progress, as determined by the commissioner; (3) 350 |
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429 | 429 | | comply with the terms of its charter or applicable laws and regulations; 351 |
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430 | 430 | | or (4) manage its public funds in a prudent or legal manner. Unless an 352 |
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431 | 431 | | emergency exists, prior to revoking a charter, the State Board of 353 |
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432 | 432 | | Education shall provide the governing council of the charter school with 354 |
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433 | 433 | | a written notice of the reasons for the revocation, including the 355 |
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434 | 434 | | identification of specific incidents of noncompliance with the law, 356 |
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435 | 435 | | regulation or charter or other matters warranting revocation of the 357 |
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436 | 436 | | charter. The State Board of Education shall also provide the governing 358 Substitute Bill No. 229 |
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437 | 437 | | |
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438 | 438 | | |
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442 | 442 | | |
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443 | 443 | | council with the opportunity to demonstrate compliance with all 359 |
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444 | 444 | | requirements for the retention of its charter by providing the State Board 360 |
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445 | 445 | | of Education or a subcommittee of the board, as determined by the State 361 |
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446 | 446 | | Board of Education, with a written or oral presentation. Such 362 |
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447 | 447 | | presentation shall include an opportunity for the governing council to 363 |
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448 | 448 | | present documentary and testimonial evidence to refute the facts cited 364 |
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449 | 449 | | by the State Board of Education for the proposed revocation or in 365 |
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450 | 450 | | justification of its activities. Such opportunity shall not constitute a 366 |
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451 | 451 | | contested case within the meaning of chapter 54. The State Board of 367 |
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452 | 452 | | Education shall determine, not later than thirty days after the date of an 368 |
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453 | 453 | | oral presentation or receipt of a written presentation, whether and when 369 |
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454 | 454 | | the charter shall be revoked and notify the governing council of the 370 |
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455 | 455 | | decision and the reasons therefor. A decision to revoke a charter shall 371 |
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456 | 456 | | not constitute a final decision for purposes of chapter 54. In the event an 372 |
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457 | 457 | | emergency exists in which the commissioner finds that there is 373 |
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458 | 458 | | imminent harm to the students attending a charter school, the State 374 |
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459 | 459 | | Board of Education may immediately revoke the charter of the school, 375 |
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460 | 460 | | provided the notice concerning the reasons for the revocation is sent to 376 |
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461 | 461 | | the governing council not later than ten days after the date of revocation 377 |
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462 | 462 | | and the governing council is provided an opportunity to make a 378 |
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463 | 463 | | presentation to the board not later than twenty days from the date of 379 |
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464 | 464 | | such notice. 380 |
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465 | 465 | | (j) (1) The governing council of a state or local charter school may 381 |
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466 | 466 | | apply to the State Board of Education for a waiver of the requirements 382 |
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467 | 467 | | of the enrollment lottery described in subdivision (8) of subsection (d) 383 |
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468 | 468 | | of this section, provided such state or local charter school has as its 384 |
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469 | 469 | | primary purpose the establishment of education programs designed to 385 |
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470 | 470 | | serve one or more of the following populations: (A) Students with a 386 |
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471 | 471 | | history of behavioral and social difficulties, (B) students identified as 387 |
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472 | 472 | | requiring special education, (C) students who are English language 388 |
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473 | 473 | | learners, or (D) students of a single gender. 389 |
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474 | 474 | | (2) An enrollment lottery described in subdivision (8) of subsection 390 |
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475 | 475 | | (d) of this section shall not be held for a local charter school that is 391 Substitute Bill No. 229 |
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476 | 476 | | |
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477 | 477 | | |
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481 | 481 | | |
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482 | 482 | | established at a school that is among the schools with a percentage equal 392 |
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483 | 483 | | to or less than five per cent when all schools are ranked highest to lowest 393 |
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484 | 484 | | in accountability index scores, as defined in section 10-223e. 394 |
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485 | 485 | | Sec. 4. Section 10-66rr of the 2022 supplement to the general statutes 395 |
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486 | 486 | | is repealed and the following is substituted in lieu thereof (Effective July 396 |
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487 | 487 | | 1, 2022): 397 |
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488 | 488 | | On and after July 1, 2015, the State Board of Education shall require 398 |
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489 | 489 | | members of the governing council of a state or local charter school and 399 |
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490 | 490 | | members of a charter management organization to submit to a records 400 |
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491 | 491 | | check of the Department of Children and Families child abuse and 401 |
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492 | 492 | | neglect registry, established pursuant to section 17a-101k, and to state 402 |
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493 | 493 | | and national criminal history records checks before the state board 403 |
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494 | 494 | | grants [initial certificates of approval for] charters pursuant to section 404 |
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495 | 495 | | 10-66bb, as amended by this act, or before such members may be hired 405 |
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496 | 496 | | by the governing council of a state or local charter school or charter 406 |
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497 | 497 | | management organization. The governing council of a state or local 407 |
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498 | 498 | | charter school shall require each contractor doing business with a state 408 |
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499 | 499 | | or local charter school, who performs a service involving direct student 409 |
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500 | 500 | | contact, to submit to a records check of the Department of Children and 410 |
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501 | 501 | | Families child abuse and neglect registry, established pursuant to 411 |
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502 | 502 | | section 17a-101k, and to state and national criminal history records 412 |
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503 | 503 | | checks before such contractor begins to perform such service. 413 |
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504 | 504 | | This act shall take effect as follows and shall amend the following |
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505 | 505 | | sections: |
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506 | 506 | | |
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507 | 507 | | Section 1 July 1, 2022 New section |
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508 | 508 | | Sec. 2 July 1, 2022 10-66ee |
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509 | 509 | | Sec. 3 July 1, 2022 10-66bb |
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510 | 510 | | Sec. 4 July 1, 2022 10-66rr |
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511 | 511 | | |
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512 | 512 | | ED Joint Favorable Subst. C/R APP |
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