SB 1096 — AN ACT CONCERNING THE CHARTER SCHOOL APPROVAL PROCESS.

Senate General Assembly SubstituteFile Bill No.

1096733 January Session, 2023 ANSubstitute ACTSenate CONCERNINGBill THENo. CHARTER SCHOOL APPROVAL PROCESS.

1096 Senate, May 8, 2023 The Committee on Appropriations reported through SEN.

OSTEN of the 19th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE CHARTER SCHOOL APPROVAL PROCESS.

Upon granting an initial certificate of approval for a charter, such state board shall submit a copy of the initial certificate of approval for the charter and a summary of the comments made at a public hearing conducted pursuant to subdivision (2) of subsection (e) of this section or subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to education andsSB1096 appropriations/ andFile theNo. budgets of state agencies.] (2) The General Assembly may appropriate funds to the [Department of Education for the purposes of providing grants to local and state charter schools, pursuant to section 10-66ee.

If733 such1 fundssSB1096 areFile LCO \\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-010961 of 14 SB.docx Substitute Bill No.

1096733 appropriated,and anappropriations initial certificate of approval for a charter for a local or state charter school shall be effective and deemedthe abudgets charter as of Julystate firstagencies.] of(2) theThe firstGeneral fiscalAssembly yearmay forappropriate which such funds are appropriated] charter school approval grant account, established pursuant to sectionthe 3[Department of thisEducation act, for the purposes of providing thegrants initialto funding for a local orand state charter schoolschools, thatpursuant hasto beensection granted10-66ee. a new charter.

If such funds are appropriated, an initial certificate of approval for a charter for a local or state charter school shall be effective and deemed a charter as of July first of the first fiscal year for which such funds are appropriated] charter school approval grant account, established pursuant to section 3 of this act, for the purposes of providing the initial funding for a local or state charter school that has been granted a new charter.

(c) On and after July 1, [2015] 2023, the State Board of Education shall review, annually, all applications and grant [initial certificates of approval for] charters, in accordance with subsections (e) and (f) of this section, for a local or state charter school located in a town that has one orsSB1096 more/ schoolsFile thatNo. have been designated as a commissioner's network school, pursuant to section 10-223h, at the time of such application, or a town that has been designated as a low achieving school district, pursuant to section 10-223e, at the time of such application.

(1)733 Except2 LCOsSB1096 {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R02-2File of 14 SB.docx } Substitute Bill No.

1096733 asor providedmore forschools inthat subdivisionhave (2)been ofdesignated thisas subsection,a nocommissioner's statenetwork charterschool, schoolpursuant shallto enrollsection (A)10-223h, (i)at morethe thantime twoof hundredsuch fiftyapplication, students, or (ii) in the case of a kindergartentown tothat gradehas eight,been inclusive,designated school,as morea thanlow threeachieving hundredschool students,district, orpursuant (B)to twenty-fivesection per10-223e, centat of the enrollmenttime of thesuch schoolapplication. district in which the state charter school is to be located, whichever is less.

(1) Except as provided for in subdivision (2) of this subsection, no state charter school shall enroll (A) (i) more than two hundred fifty students, or (ii) in the case of a kindergarten to grade eight, inclusive, school, more than three hundred students, or (B) twenty-five per cent of the enrollment of the school district in which the state charter school is to be located, whichever is less.

In determining whether to grant [an initial certificate of approval for] a charter, the State Board ofsSB1096 Education/ shallFile consider (i) the effect of the proposed charter school on (I) the reduction of racial, ethnic and economic isolation in the region in which it is to be located, (II) the regional distribution of charter schools in the state, (III) the potential of over-concentration of charter LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R02-3 of 14 SB.docx } Substitute Bill No.

1096733 schoolswithina3 schooldistrictorincontiguousschooldistricts,and(IV)sSB1096 theFile state'sNo. efforts to close achievement gaps, as defined in section 10- 16oo, and (ii) the comments made at a public hearing conducted pursuant to subdivision (2) of subsection (e) of this section or subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section.

733 of Education shall consider (i) the effect of the proposed charter school on (I) the reduction of racial, ethnic and economic isolation in the region in which it is to be located, (II) the regional distribution of charter schools in the state, (III) the potential of over-concentration of charter schoolswithina schooldistrictorincontiguousschooldistricts,and(IV) the state's efforts to close achievement gaps, as defined in section 10- 16oo, and (ii) the comments made at a public hearing conducted pursuant to subdivision (2) of subsection (e) of this section or subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section.

(8) the student admission criteria and procedures to (A) ensure effective public information, (B) ensure open access on a space available basis, including the enrollment of students during the school year if spaces become available in the charter school, (C) promote a diverse student body, and (D)sSB1096 ensure/ thatFile the school complies with the provisions of section 10-15c and that it does not discriminate on the basis of disability, athletic performanceorproficiencyintheEnglishlanguage,providedtheschool LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R02-4 of 14 SB.docx } Substitute Bill No.

1096733 may4 limitsSB1096 enrollmentFile toNo. a particular grade level or specialized educational focus and, if there is not space available for all students seeking enrollment, the school may give preference to siblings but shall otherwise determine enrollment by a lottery, except the State Board of Education may waive the requirements for such enrollment lottery pursuant to subsection (j) of this section;

733 (D) ensure that the school complies with the provisions of section 10-15c and that it does not discriminate on the basis of disability, athletic performanceorproficiencyintheEnglishlanguage,providedtheschool may limit enrollment to a particular grade level or specialized educational focus and, if there is not space available for all students seeking enrollment, the school may give preference to siblings but shall otherwise determine enrollment by a lottery, except the State Board of Education may waive the requirements for such enrollment lottery pursuant to subsection (j) of this section;

and (17) in the case of an application in which the governing council of the proposed charter school intends to contract with a charter management organizationforwhole schoolmanagement services:(A)Evidenceofthe charter management organization's ability to (i) serve student populationsthataresimilartothestudentpopulationthatwillbeserved by the proposed charter school, (ii) create strong academic outcomes for students, and (iii) successfully manage nonacademic school functions, (B) a term sheet that sets forth (i) the length of the contract for whole school management services, (ii) the roles and responsibilities of the governing council of the proposed charter school, the staff of the proposedsSB1096 charter/ schoolFile and the charter management organization, (iii) the scope of services and resources to be provided by the charter management organization, (iv) the performance evaluation measures LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R02-5 of 14 SB.docx } Substitute Bill No.

1096733 and5 timelines,sSB1096 (v)File theNo. compensation structure, including a clear identification of all fees to be paid to the charter management organization, (vi) the methods of contract oversight and enforcement, and (vii) the conditions for renewal and termination of the contract, and (C) evidence of compliance with the provisions of section 10-66tt.

733 proposed charter school and the charter management organization, (iii) the scope of services and resources to be provided by the charter management organization, (iv) the performance evaluation measures and timelines, (v) the compensation structure, including a clear identification of all fees to be paid to the charter management organization, (vi) the methods of contract oversight and enforcement, and (vii) the conditions for renewal and termination of the contract, and (C) evidence of compliance with the provisions of section 10-66tt.

The State Board of Education may condition [granting the initial certificate of approval for the charter for thesSB1096 local/ charterFile school on the applicant] the opening of such school on the school meeting certain conditions determined by the Commissioner LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R02-6 of 14 SB.docx } Substitute Bill No.

1096733 of6 EducationsSB1096 toFile beNo. necessary and may authorize the commissioner to release [the initial certificate of approval for] the charter when the commissioner determines such conditions are met.

733 the local charter school on the applicant] the opening of such school on the school meeting certain conditions determined by the Commissioner of Education to be necessary and may authorize the commissioner to release [the initial certificate of approval for] the charter when the commissioner determines such conditions are met.

The State BoardsSB1096 of/ EducationFile may condition [granting the initial certificate of LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R02- 7 of 14 SB.docx } Substitute Bill No.

1096733 approval7 forsSB1096 theFile charterNo. for the state charter school on the applicant] the opening of such school on the school meeting certain conditions determined by the Commissioner of Education to be necessary and may authorize the commissioner to release [the initial certificate of approval for] the charter when the commissioner determines such conditions are met.

733 Board of Education may condition [granting the initial certificate of approval for the charter for the state charter school on the applicant] the opening of such school on the school meeting certain conditions determined by the Commissioner of Education to be necessary and may authorize the commissioner to release [the initial certificate of approval for] the charter when the commissioner determines such conditions are met.

Upon application for such renewal, the State Board of Education may commission an independent appraisal of the performance of the charter LCOsSB1096 {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R02-8/ ofFile 14 SB.docx } Substitute Bill No.

1096733 school8 thatsSB1096 includes,File butNo. is not limited to, an evaluation of the school's compliance with the provisions of this section and, on and after July 1, 2015, progress in meeting the academic and organizational performance goals set forth in the charter granted to the charter school.

733 school that includes, but is not limited to, an evaluation of the school's compliance with the provisions of this section and, on and after July 1, 2015, progress in meeting the academic and organizational performance goals set forth in the charter granted to the charter school.

(h) The Commissioner of Education may at any time place a charter school on probation if (1) the school has failed to (A) adequately demonstrate student progress, as determined by the commissioner, (B) LCOcomply {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R02-9with the terms of 14its SB.docxcharter }or Substitutewith Billapplicable laws and sSB1096 / File No.

1096733 comply9 withsSB1096 theFile termsNo. of its charter or with applicable laws and regulations, (C) achieve measurable progress in reducing racial, ethnic andeconomicisolation,or (D)maintainitsnonsectarianstatus,or (2)the governing council has demonstrated an inability to provide effective leadership to oversee the operation of the charter school or has not ensured that public funds are expended prudently or in a manner required by law.

733 regulations, (C) achieve measurable progress in reducing racial, ethnic andeconomicisolation,or (D)maintainitsnonsectarianstatus,or (2)the governing council has demonstrated an inability to provide effective leadership to oversee the operation of the charter school or has not ensured that public funds are expended prudently or in a manner required by law.

Whenever a charter school is placed on probation, the commissioner shall notify the parents or guardians of students attending the school of the probationary statusoftheschoolandthereasonsfor such status.During the term of probation, the commissioner may require the school to file interimreportsconcerning any matterthecommissioner deemsrelevant to the probationary status of the school, including financial reports or LCOstatements. {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R0210 of 14 SB.docx } Substitute Bill No.

1096No statements.charter school on probation may increase its student sSB1096 / File No.

No733 charter10 schoolsSB1096 onFile probationNo. may increase its student enrollment or engage in the recruitment of new students without the consent of the commissioner.

733 enrollment or engage in the recruitment of new students without the consent of the commissioner.

In the event an emergency exists in which the commissioner finds that there is imminent harm to the students attending a charter school, the State Board of Education may immediately revoke the charter of the school, provided the notice concerning the reasons for the revocation is sent to the governing council not later than ten days after the date of revocation LCOand {\\PRDFS1\SCOUSERS\ANTONAKOSM\WS\2023SB-01096-R0211the ofgoverning 14council SB.docxis }provided Substitutean Billopportunity to make a presentation to the board not later than twenty days from the date of sSB1096 / File No.

1096733 and11 thesSB1096 governingFile councilNo. is provided an opportunity to make a presentation to the board not later than twenty days from the date of such notice.