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General Assembly Raised Bill No. 1349
January Session, 2025
LCO No. 5105
Referred to Committee on EDUCATION
Introduced by:
(ED)
AN ACT CONCERNING THE CHARTER SCHOOL APPROVAL
PROCESS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2025) Appropriations which are 1
recommended in the budget document transmitted by the Governor in 2
the odd-numbered years or the status report transmitted by the 3
Governor in the even-numbered years to the General Assembly 4
pursuant to section 4-71 of the general statutes shall include the amount 5
required by the Department of Education to fund any charter school that 6
has been granted a charter by the State Board of Education pursuant to 7
section 10-66bb of the general statutes, as amended by this act. 8
Sec. 2. Section 10-66bb of the general statutes is repealed and the 9
following is substituted in lieu thereof (Effective July 1, 2025): 10
(a) (1) On and after July 1, [1997, and prior to July 1, 2015] 2025, the 11
State Board of Education may grant charters for local and state charter 12
schools in accordance with this section. [On and after July 1, 2015, such 13
state board may grant initial certificates of approval for charters for local 14
and state charter schools in accordance with this section. Upon granting 15
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an initial certificate of approval for a charter, such state board shall 16
submit a copy of the initial certificate of approval for the charter and a 17
summary of the comments made at a public hearing conducted 18
pursuant to subdivision (2) of subsection (e) of this section or 19
subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section, 20
in accordance with section 11-4a, to the joint standing committees of the 21
General Assembly having cognizance of matters relating to education 22
and appropriations and the budgets of state agencies. 23
(2) The General Assembly may appropriate funds to the Department 24
of Education for the purposes of providing grants to local and state 25
charter schools, pursuant to section 10-66ee. If such funds are 26
appropriated, an initial certificate of approval for a charter for a local or 27
state charter school shall be effective and deemed a charter as of July 28
first of the first fiscal year for which such funds are appropriated.] 29
[(3)] (2) A charter [or initial] certificate of approval for a charter 30
granted under this section shall not be considered a license, as defined 31
in section 4-166, for the purposes of chapter 54. 32
(b) [Any] On and after July 1, 2025, the Commissioner of Education 33
shall issue a request for proposals for any not-for-profit organization 34
that is exempt from taxation under Section 501(c)(3) of the Internal 35
Revenue Code of 1986, or any subsequent corresponding internal 36
revenue code of the United States, as amended from time to time, public 37
or independent institution of higher education, local or regional board 38
of education or two or more boards of education cooperatively, or 39
regional educational service center [may] to apply [to the Commissioner 40
of Education, at such time and in such manner as the commissioner 41
prescribes, to obtain an initial] for a certificate of approval for a charter, 42
provided no nonpublic elementary or secondary school may be 43
established as a charter school and no parent or group of parents 44
providing home instruction may establish a charter school for such 45
instruction. Any such request for proposals issued under this subsection 46
shall include a deadline of June thirtieth of such year. 47
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(c) On and after [July 1, 2015] January 1, 2026, the State Board of 48
Education shall review, annually, all applications submitted pursuant 49
to this section and grant [initial] certificates of approval for charters. [, 50
in accordance with subsections (e) and (f) of this section, for a local or 51
state charter school located in a town that has one or more schools that 52
have been designated as a commissioner's network school, pursuant to 53
section 10-223h, at the time of such application, or a town that has been 54
designated as a low achieving school district, pursuant to section 10-55
223e, at the time of such application.] (1) Except as provided for in 56
subdivision (2) of this subsection, no state charter school shall enroll (A) 57
(i) more than two hundred fifty students, or (ii) in the case of a 58
kindergarten to grade eight, inclusive, school, more than three hundred 59
students, or (B) twenty-five per cent of the enrollment of the school 60
district in which the state charter school is to be located, whichever is 61
less. (2) In the case of a state charter school found by the State Board of 62
Education to have a demonstrated record of achievement, said board 63
shall, upon application by such school to said board, waive the 64
provisions of subdivision (1) of this subsection for such school. (3) The 65
State Board of Education shall give preference to applicants for charter 66
schools (A) whose primary purpose is the establishment of education 67
programs designed to serve one or more of the following student 68
populations: (i) Students with a history of low academic performance, 69
(ii) students who receive free or reduced priced lunches pursuant to 70
federal law and regulations, (iii) students with a history of behavioral 71
and social difficulties, (iv) students identified as requiring special 72
education, (v) students who are multilingual learners, or (vi) students of 73
a single gender; (B) whose primary purpose is to improve the academic 74
performance of an existing school that has consistently demonstrated 75
substandard academic performance, as determined by the 76
Commissioner of Education; (C) that will serve students who reside in 77
a priority school district pursuant to section 10-266p; (D) that will serve 78
students who reside in a district in which seventy-five per cent or more 79
of the enrolled students are members of racial or ethnic minorities; (E) 80
that demonstrate highly credible and specific strategies to attract, enroll 81
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and retain students from among the populations described in 82
subparagraph (A)(i) to (A)(vi), inclusive, of this subdivision; or (F) that, 83
in the case of an applicant for a state charter school, such state charter 84
school will be located at a work-site or such applicant is an institution 85
of higher education. In determining whether to grant [an initial] a 86
certificate of approval for a charter, the State Board of Education shall 87
consider (i) the effect of the proposed charter school on (I) the reduction 88
of racial, ethnic and economic isolation in the region in which it is to be 89
located, (II) the regional distribution of charter schools in the state, (III) 90
the potential of over-concentration of charter schools within a school 91
district or in contiguous school districts, and (IV) the state's efforts to 92
close achievement gaps, as defined in section 10-16oo, and (ii) the 93
comments made at a public hearing conducted pursuant to subdivision 94
(2) of subsection (e) of this section or subparagraph (B)(ii) of subdivision 95
(1) of subsection (f) of this section. 96
(d) Applications pursuant to this section shall include a description 97
of: (1) The mission, purpose and any specialized focus of the proposed 98
charter school; (2) the interest in the community for the establishment of 99
the charter school; (3) the school governance and procedures for the 100
establishment of a governing council that (A) includes (i) teachers and 101
parents and guardians of students enrolled in the school, and (ii) the 102
chairperson of the local or regional board of education of the town in 103
which the charter school is located and which has jurisdiction over a 104
school that resembles the approximate grade configuration of the 105
charter school, or the designee of such chairperson, provided such 106
designee is a member of the board of education or the superintendent of 107
schools for the school district, or the superintendent's designee, and (B) 108
is responsible for the oversight of charter school operations, provided 109
no member or employee of the governing council may have a personal 110
or financial interest in the assets, real or personal, of the school; (4) the 111
financial plan for operation of the school, provided no application fees 112
or other fees for attendance, except as provided in this section, may be 113
charged; (5) the educational program, instructional methodology and 114
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services to be offered to students; (6) the number and qualifications of 115
teachers and administrators to be employed in the school; (7) the 116
organization of the school in terms of the ages or grades to be taught 117
and the total estimated enrollment of the school; (8) the student 118
admission criteria and procedures to (A) ensure effective public 119
information, (B) ensure open access on a space available basis, including 120
the enrollment of students during the school year if spaces become 121
available in the charter school, (C) promote a diverse student body, and 122
(D) ensure that the school complies with the provisions of section 10-15c 123
and that it does not discriminate on the basis of disability, athletic 124
performance or proficiency in the English language, provided the school 125
may limit enrollment to a particular grade level or specialized 126
educational focus and, if there is not space available for all students 127
seeking enrollment, the school may give preference to siblings but shall 128
otherwise determine enrollment by a lottery, except the State Board of 129
Education may waive the requirements for such enrollment lottery 130
pursuant to subsection (j) of this section; (9) a means to assess student 131
performance that includes participation in mastery examinations, 132
pursuant to section 10-14n; (10) procedures for teacher evaluation and 133
professional development for teachers and administrators; (11) the 134
provision of school facilities, pupil transportation and student health 135
and welfare services; (12) procedures to encourage involvement by 136
parents and guardians of enrolled students in student learning, school 137
activities and school decision-making; (13) procedures to document 138
efforts to increase the racial and ethnic diversity of staff; (14) a five-year 139
plan to sustain the maintenance and operation of the school; (15) a 140
student recruitment and retention plan that shall include, but not be 141
limited to, a clear description of a plan and the capacity of the school to 142
attract, enroll and retain students from among the populations 143
described in subparagraph (A)(i) to (A)(v), inclusive, of subdivision (3) 144
of subsection (c) of this section; (16) a plan to share student learning 145
practices and experiences with the local or regional board of education 146
of the town in which the proposed charter school is to be located; and 147
(17) in the case of an application in which the governing council of the 148
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proposed charter school intends to contract with a charter management 149
organization for whole school management services: (A) Evidence of the 150
charter management organization's ability to (i) serve student 151
populations that are similar to the student population that will be served 152
by the proposed charter school, (ii) create strong academic outcomes for 153
students, and (iii) successfully manage nonacademic school functions, 154
(B) a term sheet that sets forth (i) the length of the contract for whole 155
school management services, (ii) the roles and responsibilities of the 156
governing council of the proposed charter school, the staff of the 157
proposed charter school and the charter management organization, (iii) 158
the scope of services and resources to be provided by the charter 159
management organization, (iv) the performance evaluation measures 160
and timelines, (v) the compensation structure, including a clear 161
identification of all fees to be paid to the charter management 162
organization, (vi) the methods of contract oversight and enforcement, 163
and (vii) the conditions for renewal and termination of the contract, and 164
(C) evidence of compliance with the provisions of section 10-66tt. 165
Subject to the provisions of subsection (b) of section 10-66dd, an 166
application may include, or a charter school may file, requests to waive 167
provisions of the general statutes and regulations not required under 168
sections 10-66aa to 10-66nn, inclusive, and which are within the 169
jurisdiction of the State Board of Education. 170
(e) An application for the establishment of a local charter school shall 171
be submitted to the local or regional board of education of the school 172
district in which the local charter school is to be located for approval 173
pursuant to this subsection. The local or regional board of education 174
shall: (1) Review the application; (2) hold a public hearing in the school 175
district on such application; (3) survey teachers and parents in the school 176
district to determine if there is sufficient interest in the establishment 177
and operation of the local charter school; and (4) vote on a complete 178
application not later than seventy-five days after the date of receipt of 179
such application. Such board of education may approve the application 180
by a majority vote of the members of the board present and voting at a 181
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regular or special meeting of the board called for such purpose. If the 182
application is approved, the board shall forward the application to the 183
State Board of Education. The State Board of Education shall vote on the 184
application not later than sixty days after the date of receipt of such 185
application. Subject to the provisions of subsection (c) of this section, the 186
State Board of Education may approve the application and grant the 187
[initial] certificate of approval for the charter for the local charter school 188
or reject such application by a majority vote of the members of the state 189
board present and voting at a regular or special meeting of the state 190
board called for such purpose. The State Board of Education may 191
condition granting the [initial] certificate of approval for the charter for 192
the local charter school on the applicant meeting certain conditions 193
determined by the Commissioner of Education to be necessary and may 194
authorize the commissioner to release the [initial] certificate of approval 195
for the charter when the commissioner determines such conditions are 196
met. After [an initial] a certificate of approval for a charter for a local 197
charter school is deemed a charter pursuant to subdivision (2) of 198
subsection (a) of this section, such charter may be valid for a period of 199
time of up to five years. The state board may allow the applicant to delay 200
its opening for a period of up to one school year in order for the 201
applicant to fully prepare to provide appropriate instructional services. 202
On and after July 1, [2015] 2025, any [initial] certificate of approval for a 203
charter granted by the state board to a local charter school shall include 204
academic and organizational performance goals, developed by the state 205
board, that set forth the performance indicators, measures and metrics 206
that will be used by the state board to evaluate the local charter school. 207
(f) (1) Except as otherwise provided in subdivision (2) of this 208
subsection, an application for the establishment of a state charter school 209
shall be (A) submitted to the State Board of Education for approval in 210
accordance with the provisions of this subsection, and (B) filed with the 211
local or regional board of education in the school district in which the 212
charter school is to be located. The state board shall: (i) Review such 213
application; (ii) hold a public hearing on such application in the school 214
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district in which such state charter school is to be located; (iii) solicit and 215
review comments on the application from the local or regional board of 216
education for the school district in which such charter school is to be 217
located and from the local or regional boards of education for school 218
districts that are contiguous to the district in which such school is to be 219
located; and (iv) vote on a complete application not later than ninety 220
days after the date of receipt of such application. The State Board of 221
Education may approve an application and grant the [initial] certificate 222
of approval for the charter for the state charter school by a majority vote 223
of the members of the state board present and voting at a regular or 224
special meeting of the state board called for such purpose. The State 225
Board of Education may condition granting the [initial] certificate of 226
approval for the charter for the state charter school on the applicant 227
meeting certain conditions determined by the Commissioner of 228
Education to be necessary and may authorize the commissioner to 229
release the [initial] certificate of approval for the charter when the 230
commissioner determines such conditions are met. After [an initial] a 231
certificate of approval for a charter for a state charter school is deemed 232
a charter pursuant to subdivision (2) of subsection (a) of this section, 233
such charter may be valid for a period of time of up to five years. The 234
state board may allow the applicant to delay its opening for a period of 235
up to one school year in order for the applicant to fully prepare to 236
provide appropriate instructional services. On and after July 1, [2015] 237
2025, any [initial] certificate of approval for a charter granted by the state 238
board to a state charter school shall include academic and organizational 239
performance goals, developed by the state board, that set forth the 240
performance indicators, measures and metrics that will be used by the 241
state board to evaluate the state charter school. 242
(2) On and after July 1, 2012, and before July 1, 2015, the State Board 243
of Education shall not approve more than four applications for the 244
establishment of new state charter schools unless two of the four such 245
applications are for the establishment of two new state charter schools 246
whose mission, purpose and specialized focus is to provide dual 247
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language programs or other models focusing on language acquisition 248
for multilanguage learners. Approval of applications under this 249
subdivision shall be in accordance with the provisions of this section. 250
(g) Charters may be renewed, upon application, in accordance with 251
the provisions of this section for the granting of such charters. Upon 252
application for such renewal, the State Board of Education may 253
commission an independent appraisal of the performance of the charter 254
school that includes, but is not limited to, an evaluation of the school's 255
compliance with the provisions of this section and, on and after July 1, 256
2015, progress in meeting the academic and organizational performance 257
goals set forth in the charter granted to the charter school. The State 258
Board of Education shall consider the results of any such appraisal in 259
determining whether to renew such charter. The State Board of 260
Education may deny an application for the renewal of a charter if (1) 261
student progress has not been sufficiently demonstrated, as determined 262
by the commissioner, (2) the governing council has not been sufficiently 263
responsible for the operation of the school or has misused or spent 264
public funds in a manner that is detrimental to the educational interests 265
of the students attending the charter school, (3) the school has not been 266
in compliance with the terms of the charter, applicable laws and 267
regulations, [(4) the efforts of the school have been insufficient to 268
effectively attract, enroll and retain students from among the following 269
populations: (A) Students with a history of low academic performance, 270
(B) students who receive free or reduced priced lunches pursuant to 271
federal law and regulations, (C) students with a history of behavioral 272
and social difficulties, (D) students identified as requiring special 273
education, or (E) students who are multilingual learners, or (5)] or (4) 274
the governing council of the state or local charter school has not 275
provided evidence that such council has initiated substantive 276
communication with the local or regional board of education of the town 277
in which the state or local charter school is located to share student 278
learning practices and experiences. If the State Board of Education does 279
not renew a charter, it shall notify the governing council of the charter 280
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school of the reasons for such nonrenewal. On and after July 1, 2015, any 281
charter renewed by the State Board of Education shall include academic 282
and organizational performance goals, developed by the state board, 283
that set forth the performance indicators, measures and metrics that will 284
be used by the state board to evaluate the charter school. 285
(h) The Commissioner of Education may at any time place a charter 286
school on probation if (1) the school has failed to (A) adequately 287
demonstrate student progress, as determined by the commissioner, (B) 288
comply with the terms of its charter or with applicable laws and 289
regulations, [(C) achieve measurable progress in reducing racial, ethnic 290
and economic isolation, or (D)] or (C) maintain its nonsectarian status, 291
or (2) the governing council has demonstrated an inability to provide 292
effective leadership to oversee the operation of the charter school or has 293
not ensured that public funds are expended prudently or in a manner 294
required by law. If a charter school is placed on probation, the 295
commissioner shall provide written notice to the charter school of the 296
reasons for such placement, not later than five days after the placement, 297
and shall require the charter school to file with the Department of 298
Education a corrective action plan acceptable to the commissioner not 299
later than thirty-five days from the date of such placement. The charter 300
school shall implement a corrective action plan accepted by the 301
commissioner not later than thirty days after the date of such 302
acceptance. The commissioner may impose any additional terms of 303
probation on the school that the commissioner deems necessary to 304
protect the educational or financial interests of the state. The charter 305
school shall comply with any such additional terms not later than thirty 306
days after the date of their imposition. The commissioner shall 307
determine the length of time of the probationary period, which may be 308
up to one year, provided the commissioner may extend such period, for 309
up to one additional year, if the commissioner deems it necessary. In the 310
event that the charter school does not file or implement the corrective 311
action plan within the required time period or does not comply with any 312
additional terms within the required time period, the Commissioner of 313
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Education may withhold grant funds from the school until the plan is 314
fully implemented or the school complies with the terms of probation, 315
provided the commissioner may extend the time period for such 316
implementation and compliance for good cause shown. Whenever a 317
charter school is placed on probation, the commissioner shall notify the 318
parents or guardians of students attending the school of the 319
probationary status of the school and the reasons for such status. During 320
the term of probation, the commissioner may require the school to file 321
interim reports concerning any matter the commissioner deems relevant 322
to the probationary status of the school, including financial reports or 323
statements. No charter school on probation may increase its student 324
enrollment or engage in the recruitment of new students without the 325
consent of the commissioner. 326
(i) The State Board of Education may revoke a charter if a charter 327
school has failed to: (1) Comply with the terms of probation, including 328
the failure to file or implement a corrective action plan; (2) demonstrate 329
satisfactory student progress, as determined by the commissioner; (3) 330
comply with the terms of its charter or applicable laws and regulations; 331
or (4) manage its public funds in a prudent or legal manner. Unless an 332
emergency exists, prior to revoking a charter, the State Board of 333
Education shall provide the governing council of the charter school with 334
a written notice of the reasons for the revocation, including the 335
identification of specific incidents of noncompliance with the law, 336
regulation or charter or other matters warranting revocation of the 337
charter. The State Board of Education shall also provide the governing 338
council with the opportunity to demonstrate compliance with all 339
requirements for the retention of its charter by providing the State Board 340
of Education or a subcommittee of the board, as determined by the State 341
Board of Education, with a written or oral presentation. Such 342
presentation shall include an opportunity for the governing council to 343
present documentary and testimonial evidence to refute the facts cited 344
by the State Board of Education for the proposed revocation or in 345
justification of its activities. Such opportunity shall not constitute a 346
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contested case within the meaning of chapter 54. The State Board of 347
Education shall determine, not later than thirty days after the date of an 348
oral presentation or receipt of a written presentation, whether and when 349
the charter shall be revoked and notify the governing council of the 350
decision and the reasons therefor. A decision to revoke a charter shall 351
not constitute a final decision for purposes of chapter 54. In the event an 352
emergency exists in which the commissioner finds that there is 353
imminent harm to the students attending a charter school, the State 354
Board of Education may immediately revoke the charter of the school, 355
provided the notice concerning the reasons for the revocation is sent to 356
the governing council not later than ten days after the date of revocation 357
and the governing council is provided an opportunity to make a 358
presentation to the board not later than twenty days from the date of 359
such notice. 360
(j) (1) The governing council of a state or local charter school may 361
apply to the State Board of Education for a waiver of the requirements 362
of the enrollment lottery described in subdivision (8) of subsection (d) 363
of this section, provided such state or local charter school has as its 364
primary purpose the establishment of education programs designed to 365
serve one or more of the following populations: (A) Students with a 366
history of behavioral and social difficulties, (B) students identified as 367
requiring special education, (C) students who are multilingual learners, 368
or (D) students of a single gender. 369
(2) An enrollment lottery described in subdivision (8) of subsection 370
(d) of this section shall not be held for a local charter school that is 371
established at a school that is among the schools with a percentage equal 372
to or less than five per cent when all schools are ranked highest to lowest 373
in accountability index scores, as defined in section 10-223e. 374
(3) Except as otherwise provided in subdivision (1) of this subsection, 375
on and after July 1, 2023, no application for enrollment in a state or local 376
charter school shall inquire or request information about an applicant 377
student's need for or receipt of special education and related services, 378
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and the criteria for administering an enrollment lottery for a state or 379
local charter school shall not include consideration of a student's need 380
for or status as requiring special education and related services. 381
Sec. 3. Subsection (a) of section 10-66ee of the general statutes is 382
repealed and the following is substituted in lieu thereof (Effective July 1, 383
2025): 384
(a) For the purposes of equalization aid under section 10-262h, a 385
student enrolled (1) in a local charter school shall be considered a 386
student enrolled in the school district in which such student resides, and 387
(2) in a state charter school shall [not] be considered a student enrolled 388
in the school district in which such student resides. 389
Sec. 4. Section 10-66gg of the general statutes is repealed and the 390
following is substituted in lieu thereof (Effective July 1, 2025): 391
Not later than January 1, 2012, and biennially thereafter, [within 392
available appropriations,] the Commissioner of Education shall review 393
and report, in accordance with the provisions of section 11-4a, on the 394
operation of such charter schools as may be established pursuant to 395
sections 10-66aa to 10-66ff, inclusive, to the joint standing committee of 396
the General Assembly having cognizance of matters relating to 397
education. Such report shall include: (1) Recommendations for any 398
statutory changes that would facilitate expansion in the number of 399
charter schools; (2) a compilation of school profiles pursuant to section 400
10-66cc; (3) an assessment of the adequacy of funding pursuant to 401
section 10-66ee, as amended by this act; and (4) the adequacy and 402
availability of suitable facilities for such schools. 403
Sec. 5. Section 10-66rr of the general statutes is repealed and the 404
following is substituted in lieu thereof (Effective July 1, 2025): 405
On and after July 1, 2015, the State Board of Education shall require 406
members of the governing council of a state or local charter school and 407
members of a charter management organization to submit to a records 408
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check of the Department of Children and Families child abuse and 409
neglect registry, established pursuant to section 17a-101k, and to state 410
and national criminal history records checks before the state board 411
grants [initial] certificates of approval for charters pursuant to section 412
10-66bb, as amended by this act, or before such members may be hired 413
by the governing council of a state or local charter school or charter 414
management organization. The governing council of a state or local 415
charter school shall require each contractor doing business with a state 416
or local charter school, who performs a service involving direct student 417
contact, to submit to a records check of the Department of Children and 418
Families child abuse and neglect registry, established pursuant to 419
section 17a-101k, and to state and national criminal history records 420
checks before such contractor begins to perform such service. 421
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2025 New section
Sec. 2 July 1, 2025 10-66bb
Sec. 3 July 1, 2025 10-66ee(a)
Sec. 4 July 1, 2025 10-66gg
Sec. 5 July 1, 2025 10-66rr
Statement of Purpose:
To (1) include funding for new charters granted by the State Board of
Education in the Governor's annual budget, (2) revise the process by
which charters are granted for state charter schools, (3) include charter
school students in a town's resident student count for purposes of
education cost sharing grant calculations, and (4) require a biennial
report regarding charter schools to be submitted to the General
Assembly.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]