Connecticut SB 138: AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF EDUCATION.

Bill Text

Substitute Senate Bill No. 138 
 
Public Act No. 26-106 
 
 
AN   ACT   IMPLEMENTING   THE   RECOMMENDATIONS   OF   THE 
DEPARTMENT OF EDUCATION. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly convened: 
 
Section  1. Subsections  (b)  and  (c)  of  section  10-66bb  of  the  general 
statutes  are  repealed  and  the  following  is  substituted  in  lieu  thereof 
(Effective July 1, 2026): 
(b) Any  not-for-profit  organization  that  is  exempt  from  taxation 
under  Section  501(c)(3)  of  the  Internal  Revenue  Code  of  1986,  or  any 
subsequent  corresponding  internal  revenue  code  of  the  United  States, 
as  amended  from  time  to  time,  public  or  independent  institution  of 
higher education, local or regional board of education or two or more 
boards  of  education  cooperatively,  or  regional  educational  service 
center may apply to the Commissioner of Education, at such time and 
in  such  manner  as  the  commissioner  prescribes,  to  obtain  an  initial 
certificate of approval for a charter, provided no nonpublic elementary 
or  secondary  school  may  be  established  as  a  charter  school  and  no 
parent or group of parents providing home instruction may establish a 
charter school for such instruction. For the biennium beginning July 1, 
2027,  and  each  biennium  thereafter,  the  Commissioner  of  Education 
shall ensure that the timing for granting initial certificates of approval 
for charters shall coincide with the preparation of the state budget for 

Substitute Senate Bill No. 138 
 
Public Act No. 26-106 2 of 9 
 
such biennium. 
(c) On and after July 1, 2015, 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  or  more 
schools that have been designated as a commissioner's network school, 
pursuant to section 10-223h, as amended by this act, 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)  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. (2) In the case of a state charter 
school  found  by  the  State  Board of  Education  to  have  a  demonstrated 
record  of  achievement,  said  board  shall,  upon  application  by  such 
school  to  said  board,  waive  the  provisions  of  subdivision  (1)  of  this 
subsection for such school. (3) The State Board of Education shall give 
preference to applicants for charter schools (A) whose primary purpose 
is  the  establishment  of  education  programs  designed  to  serve  one  or 
more of the following student populations: (i) Students with a history of 
low  academic  performance,  (ii) students  who  receive  free  or  reduced 
priced  lunches  pursuant  to  federal  law  and  regulations,  (iii)  students 
with   a   history   of   behavioral   and   social   difficulties,   (iv)   students 
identified   as   requiring   special   education,   (v)   students   who   are 
multilingual learners,  or  (vi)  students  of  a  single  gender;  (B)  whose 
primary purpose is to improve the academic performance of an existing 
school   that   has   consistently   demonstrated   substandard   academic 
performance, as determined by the Commissioner of Education; (C) that 
will serve students who reside in a priority school district pursuant to 
section 10-266p; (D) that will serve students who reside in a district in 

Substitute Senate Bill No. 138 
 
Public Act No. 26-106 3 of 9 
 
which  seventy-five  per  cent  or  more  of  the  enrolled  students  are 
members  of  racial  or  ethnic  minorities;  (E)  that  demonstrate  highly 
credible and specific strategies to attract, enroll and retain students from 
among  the  populations  described  in  subparagraph  (A)(i)  to  (A)(vi), 
inclusive, of this subdivision; or (F) that, in the case of an applicant for 
a state charter school, such state charter school will be located at a work-
site   or   such   applicant   is   an   institution   of   higher   education.   In 
determining  whether  to  grant  an  initial  certificate  of  approval  for  a 
charter, the State Board 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 distrib