LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229-R02- SB.docx 1 of 13 General Assembly Substitute Bill No. 229 February Session, 2022 AN ACT CONCERNING THE PROCESS BY WHICH A CHARTER IS GRANTED AND FUNDING IS PROVIDED FOR A NEW CHARTER SCHOOL. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2022) There is established an 1 account to be known as the charter school approval grant account which 2 shall be a separate, nonlapsing account within the General Fund. The 3 account shall contain any moneys required by law to be deposited in the 4 account. Moneys in the account shall be expended by the Commissioner 5 of Education, in accordance with the provisions of section 10-66ee of the 6 general statutes, as amended by this act, for the purpose of providing 7 the initial funding for a local or state charter school that has been 8 granted a new charter pursuant to section 10-66bb of the general 9 statutes, as amended by this act, in the fiscal year immediately following 10 the fiscal year in which such charter was granted. 11 Sec. 2. Section 10-66ee of the 2022 supplement to the general statutes 12 is amended by adding subsection (o) as follows (Effective July 1, 2022): 13 (NEW) (o) Any unexpended funds appropriated for purposes of this 14 section shall not lapse at the end of the fiscal year but shall be deposited 15 in the charter school approval grant account, established pursuant to 16 section 1 of this act, and shall be available for expenditure during the 17 next fiscal year in accordance with the provisions of said section. 18 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 2 of 13 Sec. 3. Section 10-66bb of the general statutes is repealed and the 19 following is substituted in lieu thereof (Effective July 1, 2022): 20 (a) (1) On and after July 1, [1997, and prior to July 1, 2015] 2022, the 21 State Board of Education may grant charters for local and state charter 22 schools in accordance with this section. [On and after July 1, 2015, such 23 state board may grant initial certificates of approval for charters for local 24 and state charter schools in accordance with this section. Upon granting 25 an initial certificate of approval for a charter, such state board shall 26 submit a copy of the initial certificate of approval for the charter and a 27 summary of the comments made at a public hearing conducted 28 pursuant to subdivision (2) of subsection (e) of this section or 29 subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section, 30 in accordance with section 11-4a, to the joint standing committees of the 31 General Assembly having cognizance of matters relating to education 32 and appropriations and the budgets of state agencies.] 33 (2) The General Assembly may appropriate funds to the [Department 34 of Education for the purposes of providing grants to local and state 35 charter schools, pursuant to section 10-66ee. If such funds are 36 appropriated, an initial certificate of approval for a charter for a local or 37 state charter school shall be effective and deemed a charter as of July 38 first of the first fiscal year for which such funds are appropriated] 39 charter school approval grant account, pursuant to section 1 of this act, 40 for the purposes of providing the initial funding for a local or state 41 charter school that has been granted a new charter. The Commissioner 42 of Education shall expend, in accordance with the provisions of section 43 10-66ee, as amended by this act, the funds appropriated to such account 44 in the fiscal year immediately following the fiscal year in which such 45 charter was granted. 46 (3) A charter [or initial certificate of approval for a charter] granted 47 under this section shall not be considered a license, as defined in section 48 4-166, for the purposes of chapter 54. 49 (b) Any not-for-profit organization that is exempt from taxation 50 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 3 of 13 under Section 501(c)(3) of the Internal Revenue Code of 1986, or any 51 subsequent corresponding internal revenue code of the United States, 52 as amended from time to time, public or independent institution of 53 higher education, local or regional board of education or two or more 54 boards of education cooperatively, or regional educational service 55 center may apply to the Commissioner of Education, at such time and 56 in such manner as the commissioner prescribes, to [obtain an initial 57 certificate of approval for a charter] establish a charter school, provided 58 no nonpublic elementary or secondary school may be established as a 59 charter school and no parent or group of parents providing home 60 instruction may establish a charter school for such instruction. 61 (c) On and after July 1, [2015] 2022, the State Board of Education shall 62 review, annually, all applications and grant [initial certificates of 63 approval for] charters, in accordance with subsections (e) and (f) of this 64 section, for a local or state charter school located in a town that has one 65 or more schools that have been designated as a commissioner's network 66 school, pursuant to section 10-223h, at the time of such application, or a 67 town that has been designated as a low achieving school district, 68 pursuant to section 10-223e, at the time of such application. (1) Except 69 as provided for in subdivision (2) of this subsection, no state charter 70 school shall enroll (A) (i) more than two hundred fifty students, or (ii) 71 in the case of a kindergarten to grade eight, inclusive, school, more than 72 three hundred students, or (B) twenty-five per cent of the enrollment of 73 the school district in which the state charter school is to be located, 74 whichever is less. (2) In the case of a state charter school found by the 75 State Board of Education to have a demonstrated record of achievement, 76 said board shall, upon application by such school to said board, waive 77 the provisions of subdivision (1) of this subsection for such school. (3) 78 The State Board of Education shall give preference to applicants for 79 charter schools (A) whose primary purpose is the establishment of 80 education programs designed to serve one or more of the following 81 student populations: (i) Students with a history of low academic 82 performance, (ii) students who receive free or reduced priced lunches 83 pursuant to federal law and regulations, (iii) students with a history of 84 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 4 of 13 behavioral and social difficulties, (iv) students identified as requiring 85 special education, (v) students who are English language learners, or 86 (vi) students of a single gender; (B) whose primary purpose is to 87 improve the academic performance of an existing school that has 88 consistently demonstrated substandard academic performance, as 89 determined by the Commissioner of Education; (C) that will serve 90 students who reside in a priority school district pursuant to section 10-91 266p; (D) that will serve students who reside in a district in which 92 seventy-five per cent or more of the enrolled students are members of 93 racial or ethnic minorities; (E) that demonstrate highly credible and 94 specific strategies to attract, enroll and retain students from among the 95 populations described in subparagraph (A)(i) to (A)(vi), inclusive, of 96 this subdivision; or (F) that, in the case of an applicant for a state charter 97 school, such state charter school will be located at a work-site or such 98 applicant is an institution of higher education. In determining whether 99 to grant [an initial certificate of approval for] a charter, the State Board 100 of Education shall consider (i) the effect of the proposed charter school 101 on (I) the reduction of racial, ethnic and economic isolation in the region 102 in which it is to be located, (II) the regional distribution of charter 103 schools in the state, (III) the potential of over-concentration of charter 104 schools within a school district or in contiguous school districts, and (IV) 105 the state's efforts to close achievement gaps, as defined in section 10-106 16oo, and (ii) the comments made at a public hearing conducted 107 pursuant to subdivision (2) of subsection (e) of this section or 108 subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section. 109 (d) Applications pursuant to this section shall include a description 110 of: (1) The mission, purpose and any specialized focus of the proposed 111 charter school; (2) the interest in the community for the establishment of 112 the charter school; (3) the school governance and procedures for the 113 establishment of a governing council that (A) includes (i) teachers and 114 parents and guardians of students enrolled in the school, and (ii) the 115 chairperson of the local or regional board of education of the town in 116 which the charter school is located and which has jurisdiction over a 117 school that resembles the approximate grade configuration of the 118 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 5 of 13 charter school, or the designee of such chairperson, provided such 119 designee is a member of the board of education or the superintendent of 120 schools for the school district, or the superintendent's designee, and (B) 121 is responsible for the oversight of charter school operations, provided 122 no member or employee of the governing council may have a personal 123 or financial interest in the assets, real or personal, of the school; (4) the 124 financial plan for operation of the school, provided no application fees 125 or other fees for attendance, except as provided in this section, may be 126 charged; (5) the educational program, instructional methodology and 127 services to be offered to students; (6) the number and qualifications of 128 teachers and administrators to be employed in the school; (7) the 129 organization of the school in terms of the ages or grades to be taught 130 and the total estimated enrollment of the school; (8) the student 131 admission criteria and procedures to (A) ensure effective public 132 information, (B) ensure open access on a space available basis, including 133 the enrollment of students during the school year if spaces become 134 available in the charter school, (C) promote a diverse student body, and 135 (D) ensure that the school complies with the provisions of section 10-15c 136 and that it does not discriminate on the basis of disability, athletic 137 performance or proficiency in the English language, provided the school 138 may limit enrollment to a particular grade level or specialized 139 educational focus and, if there is not space available for all students 140 seeking enrollment, the school may give preference to siblings but shall 141 otherwise determine enrollment by a lottery, except the State Board of 142 Education may waive the requirements for such enrollment lottery 143 pursuant to subsection (j) of this section; (9) a means to assess student 144 performance that includes participation in mastery examinations, 145 pursuant to section 10-14n; (10) procedures for teacher evaluation and 146 professional development for teachers and administrators; (11) the 147 provision of school facilities, pupil transportation and student health 148 and welfare services; (12) procedures to encourage involvement by 149 parents and guardians of enrolled students in student learning, school 150 activities and school decision-making; (13) procedures to document 151 efforts to increase the racial and ethnic diversity of staff; (14) a five-year 152 plan to sustain the maintenance and operation of the school; (15) a 153 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 6 of 13 student recruitment and retention plan that shall include, but not be 154 limited to, a clear description of a plan and the capacity of the school to 155 attract, enroll and retain students from among the populations 156 described in subparagraph (A)(i) to (A)(v), inclusive, of subdivision (3) 157 of subsection (c) of this section; (16) a plan to share student learning 158 practices and experiences with the local or regional board of education 159 of the town in which the proposed charter school is to be located; and 160 (17) in the case of an application in which the governing council of the 161 proposed charter school intends to contract with a charter management 162 organization for whole school management services: (A) Evidence of the 163 charter management organization's ability to (i) serve student 164 populations that are similar to the student population that will be served 165 by the proposed charter school, (ii) create strong academic outcomes for 166 students, and (iii) successfully manage nonacademic school functions, 167 (B) a term sheet that sets forth (i) the length of the contract for whole 168 school management services, (ii) the roles and responsibilities of the 169 governing council of the proposed charter school, the staff of the 170 proposed charter school and the charter management organization, (iii) 171 the scope of services and resources to be provided by the charter 172 management organization, (iv) the performance evaluation measures 173 and timelines, (v) the compensation structure, including a clear 174 identification of all fees to be paid to the charter management 175 organization, (vi) the methods of contract oversight and enforcement, 176 and (vii) the conditions for renewal and termination of the contract, and 177 (C) evidence of compliance with the provisions of section 10-66tt. 178 Subject to the provisions of subsection (b) of section 10-66dd, an 179 application may include, or a charter school may file, requests to waive 180 provisions of the general statutes and regulations not required under 181 sections 10-66aa to 10-66nn, inclusive, and which are within the 182 jurisdiction of the State Board of Education. 183 (e) An application for the establishment of a local charter school shall 184 be submitted to the local or regional board of education of the school 185 district in which the local charter school is to be located for approval 186 pursuant to this subsection. The local or regional board of education 187 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 7 of 13 shall: (1) Review the application; (2) hold a public hearing in the school 188 district on such application; (3) survey teachers and parents in the school 189 district to determine if there is sufficient interest in the establishment 190 and operation of the local charter school; and (4) vote on a complete 191 application not later than seventy-five days after the date of receipt of 192 such application. Such board of education may approve the application 193 by a majority vote of the members of the board present and voting at a 194 regular or special meeting of the board called for such purpose. If the 195 application is approved, the board shall forward the application to the 196 State Board of Education. The State Board of Education shall vote on the 197 application not later than sixty days after the date of receipt of such 198 application. Subject to the provisions of subsection (c) of this section, the 199 State Board of Education may approve the application and grant [the 200 initial certificate of approval for the] a charter for the local charter school 201 or reject such application by a majority vote of the members of the state 202 board present and voting at a regular or special meeting of the state 203 board called for such purpose. The State Board of Education may 204 condition [granting the initial certificate of approval for the charter for 205 the local charter school on the applicant] the opening of such school on 206 the school's meeting certain conditions determined by the 207 Commissioner of Education to be necessary and may authorize the 208 commissioner to release [the initial certificate of approval for] the 209 charter when the commissioner determines such conditions are met. 210 [After an initial certificate of approval for a charter for a local charter 211 school is deemed a charter pursuant to subdivision (2) of subsection (a) 212 of this section, such charter may be valid] The state board may grant the 213 charter for the local charter school for a period of time of up to five years. 214 The state board may allow the applicant to delay its opening for a period 215 of up to one school year in order for the applicant to fully prepare to 216 provide appropriate instructional services. On and after July 1, [2015, 217 any initial certificate of approval for a] 2022, a charter granted by the 218 state board to a local charter school shall include academic and 219 organizational performance goals, developed by the state board, that set 220 forth the performance indicators, measures and metrics that will be used 221 by the state board to evaluate the local charter school. 222 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 8 of 13 (f) (1) Except as otherwise provided in subdivision (2) of this 223 subsection, an application for the establishment of a state charter school 224 shall be (A) submitted to the State Board of Education for approval in 225 accordance with the provisions of this subsection, and (B) filed with the 226 local or regional board of education in the school district in which the 227 charter school is to be located. The state board shall: (i) Review such 228 application; (ii) hold a public hearing on such application in the school 229 district in which such state charter school is to be located; (iii) solicit and 230 review comments on the application from the local or regional board of 231 education for the school district in which such charter school is to be 232 located and from the local or regional boards of education for school 233 districts that are contiguous to the district in which such school is to be 234 located; and (iv) vote on a complete application not later than ninety 235 days after the date of receipt of such application. The State Board of 236 Education may approve an application and grant [the initial certificate 237 of approval for] the charter for the state charter school by a majority vote 238 of the members of the state board present and voting at a regular or 239 special meeting of the state board called for such purpose. The State 240 Board of Education may condition [granting the initial certificate of 241 approval for the charter for the state charter school on the applicant] the 242 opening of such school on the school's meeting certain conditions 243 determined by the Commissioner of Education to be necessary and may 244 authorize the commissioner to release [the initial certificate of approval 245 for] the charter when the commissioner determines such conditions are 246 met. [After an initial certificate of approval for a charter for a state 247 charter school is deemed a charter pursuant to subdivision (2) of 248 subsection (a) of this section, such charter may be valid] Charters shall 249 be granted for a period of time of up to five years. The state board may 250 allow the applicant to delay its opening for a period of up to one school 251 year in order for the applicant to fully prepare to provide appropriate 252 instructional services. On and after July 1, [2015, any initial certificate of 253 approval for a] 2022, a charter granted by the state board to a state 254 charter school shall include academic and organizational performance 255 goals, developed by the state board, that set forth the performance 256 indicators, measures and metrics that will be used by the state board to 257 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 9 of 13 evaluate the state charter school. 258 (2) [On and after July 1, 2012, and before July 1, 2015, the State Board 259 of Education shall not approve more than four applications for the 260 establishment of new state charter schools unless two of the four such 261 applications are for the establishment of two new state charter schools 262 whose mission, purpose and specialized focus is to provide dual 263 language programs or other models focusing on language acquisition 264 for English language learners. Approval of applications under this 265 subdivision shall be in accordance with the provisions of this section.] 266 For the fiscal year ending June 30, 2023, and each fiscal year thereafter, 267 the State Board of Education shall not approve more than two 268 applications for the establishment of a new state charter school in any 269 fiscal year. 270 (g) Charters may be renewed, upon application, in accordance with 271 the provisions of this section for the granting of such charters. Upon 272 application for such renewal, the State Board of Education may 273 commission an independent appraisal of the performance of the charter 274 school that includes, but is not limited to, an evaluation of the school's 275 compliance with the provisions of this section and, on and after July 1, 276 2015, progress in meeting the academic and organizational performance 277 goals set forth in the charter granted to the charter school. The State 278 Board of Education shall consider the results of any such appraisal in 279 determining whether to renew such charter. The State Board of 280 Education may deny an application for the renewal of a charter if (1) 281 student progress has not been sufficiently demonstrated, as determined 282 by the commissioner, (2) the governing council has not been sufficiently 283 responsible for the operation of the school or has misused or spent 284 public funds in a manner that is detrimental to the educational interests 285 of the students attending the charter school, (3) the school has not been 286 in compliance with the terms of the charter, applicable laws and 287 regulations, (4) the efforts of the school have been insufficient to 288 effectively attract, enroll and retain students from among the following 289 populations: (A) Students with a history of low academic performance, 290 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 10 of 13 (B) students who receive free or reduced priced lunches pursuant to 291 federal law and regulations, (C) students with a history of behavioral 292 and social difficulties, (D) students identified as requiring special 293 education, or (E) students who are English language learners, or (5) the 294 governing council of the state or local charter school has not provided 295 evidence that such council has initiated substantive communication 296 with the local or regional board of education of the town in which the 297 state or local charter school is located to share student learning practices 298 and experiences. If the State Board of Education does not renew a 299 charter, it shall notify the governing council of the charter school of the 300 reasons for such nonrenewal. On and after July 1, 2015, any charter 301 renewed by the State Board of Education shall include academic and 302 organizational performance goals, developed by the state board, that set 303 forth the performance indicators, measures and metrics that will be used 304 by the state board to evaluate the charter school. 305 (h) The Commissioner of Education may at any time place a charter 306 school on probation if (1) the school has failed to (A) adequately 307 demonstrate student progress, as determined by the commissioner, (B) 308 comply with the terms of its charter or with applicable laws and 309 regulations, (C) achieve measurable progress in reducing racial, ethnic 310 and economic isolation, or (D) maintain its nonsectarian status, or (2) the 311 governing council has demonstrated an inability to provide effective 312 leadership to oversee the operation of the charter school or has not 313 ensured that public funds are expended prudently or in a manner 314 required by law. If a charter school is placed on probation, the 315 commissioner shall provide written notice to the charter school of the 316 reasons for such placement, not later than five days after the placement, 317 and shall require the charter school to file with the Department of 318 Education a corrective action plan acceptable to the commissioner not 319 later than thirty-five days from the date of such placement. The charter 320 school shall implement a corrective action plan accepted by the 321 commissioner not later than thirty days after the date of such 322 acceptance. The commissioner may impose any additional terms of 323 probation on the school that the commissioner deems necessary to 324 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 11 of 13 protect the educational or financial interests of the state. The charter 325 school shall comply with any such additional terms not later than thirty 326 days after the date of their imposition. The commissioner shall 327 determine the length of time of the probationary period, which may be 328 up to one year, provided the commissioner may extend such period, for 329 up to one additional year, if the commissioner deems it necessary. In the 330 event that the charter school does not file or implement the corrective 331 action plan within the required time period or does not comply with any 332 additional terms within the required time period, the Commissioner of 333 Education may withhold grant funds from the school until the plan is 334 fully implemented or the school complies with the terms of probation, 335 provided the commissioner may extend the time period for such 336 implementation and compliance for good cause shown. Whenever a 337 charter school is placed on probation, the commissioner shall notify the 338 parents or guardians of students attending the school of the 339 probationary status of the school and the reasons for such status. During 340 the term of probation, the commissioner may require the school to file 341 interim reports concerning any matter the commissioner deems relevant 342 to the probationary status of the school, including financial reports or 343 statements. No charter school on probation may increase its student 344 enrollment or engage in the recruitment of new students without the 345 consent of the commissioner. 346 (i) The State Board of Education may revoke a charter if a charter 347 school has failed to: (1) Comply with the terms of probation, including 348 the failure to file or implement a corrective action plan; (2) demonstrate 349 satisfactory student progress, as determined by the commissioner; (3) 350 comply with the terms of its charter or applicable laws and regulations; 351 or (4) manage its public funds in a prudent or legal manner. Unless an 352 emergency exists, prior to revoking a charter, the State Board of 353 Education shall provide the governing council of the charter school with 354 a written notice of the reasons for the revocation, including the 355 identification of specific incidents of noncompliance with the law, 356 regulation or charter or other matters warranting revocation of the 357 charter. The State Board of Education shall also provide the governing 358 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 12 of 13 council with the opportunity to demonstrate compliance with all 359 requirements for the retention of its charter by providing the State Board 360 of Education or a subcommittee of the board, as determined by the State 361 Board of Education, with a written or oral presentation. Such 362 presentation shall include an opportunity for the governing council to 363 present documentary and testimonial evidence to refute the facts cited 364 by the State Board of Education for the proposed revocation or in 365 justification of its activities. Such opportunity shall not constitute a 366 contested case within the meaning of chapter 54. The State Board of 367 Education shall determine, not later than thirty days after the date of an 368 oral presentation or receipt of a written presentation, whether and when 369 the charter shall be revoked and notify the governing council of the 370 decision and the reasons therefor. A decision to revoke a charter shall 371 not constitute a final decision for purposes of chapter 54. In the event an 372 emergency exists in which the commissioner finds that there is 373 imminent harm to the students attending a charter school, the State 374 Board of Education may immediately revoke the charter of the school, 375 provided the notice concerning the reasons for the revocation is sent to 376 the governing council not later than ten days after the date of revocation 377 and the governing council is provided an opportunity to make a 378 presentation to the board not later than twenty days from the date of 379 such notice. 380 (j) (1) The governing council of a state or local charter school may 381 apply to the State Board of Education for a waiver of the requirements 382 of the enrollment lottery described in subdivision (8) of subsection (d) 383 of this section, provided such state or local charter school has as its 384 primary purpose the establishment of education programs designed to 385 serve one or more of the following populations: (A) Students with a 386 history of behavioral and social difficulties, (B) students identified as 387 requiring special education, (C) students who are English language 388 learners, or (D) students of a single gender. 389 (2) An enrollment lottery described in subdivision (8) of subsection 390 (d) of this section shall not be held for a local charter school that is 391 Substitute Bill No. 229 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00229- R02-SB.docx } 13 of 13 established at a school that is among the schools with a percentage equal 392 to or less than five per cent when all schools are ranked highest to lowest 393 in accountability index scores, as defined in section 10-223e. 394 Sec. 4. Section 10-66rr of the 2022 supplement to the general statutes 395 is repealed and the following is substituted in lieu thereof (Effective July 396 1, 2022): 397 On and after July 1, 2015, the State Board of Education shall require 398 members of the governing council of a state or local charter school and 399 members of a charter management organization to submit to a records 400 check of the Department of Children and Families child abuse and 401 neglect registry, established pursuant to section 17a-101k, and to state 402 and national criminal history records checks before the state board 403 grants [initial certificates of approval for] charters pursuant to section 404 10-66bb, as amended by this act, or before such members may be hired 405 by the governing council of a state or local charter school or charter 406 management organization. The governing council of a state or local 407 charter school shall require each contractor doing business with a state 408 or local charter school, who performs a service involving direct student 409 contact, to submit to a records check of the Department of Children and 410 Families child abuse and neglect registry, established pursuant to 411 section 17a-101k, and to state and national criminal history records 412 checks before such contractor begins to perform such service. 413 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2022 New section Sec. 2 July 1, 2022 10-66ee Sec. 3 July 1, 2022 10-66bb Sec. 4 July 1, 2022 10-66rr ED Joint Favorable Subst. C/R APP APP Joint Favorable