AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF EDUCATION.

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statutes are repealed and the following is substituted in lieu thereof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 insti tution 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 pr escribes, 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 stat e budget for
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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
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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 subparagrap h (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 wheth er 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 distribution of charter schools in the state, (III) the potential of
over-concentration of charter schools within a school district or in
contiguous school districts, 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.
Sec. 2. Subdivision (4) of subsection (a) of section 10 -264i of the 2026
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective July 1, 2026):
(4) Any transportation grant provided to a regional educational
service center pursuant to subdivision (3) of this subsection shall be
provided upon a comprehensive financial review, by an auditor selected
by the Commissioner of Education, the costs of such review may be paid
from funds that are part of such transportation grant. For the fiscal year
ending June 30, 2026, and each fiscal year thereafter, any such
transportation grant shall be paid as follows: Up to ninety-five per cent
of the grant on or before June thirtieth of the fiscal year based on
documentation provided prior to May thirty-first of the fiscal year, with
an amount [equal to ] not greater than one-half of the total estimated
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transportation cost on or before October thirty -first of the fiscal year,
and the remaining total balance paid in increments on or before March
first of the following fiscal year upon completion of the comprehensive
financial review. If, upon completion of the comprehensive financial
review, the commissioner determines there was an overpayment of the
grant in the prior fiscal year, such funds shall be refunded to the
department.
Sec. 3. Section 10 -66q of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Not later than April 1, 2014, each regional educational service
center shall develop a uniform regional school calendar that may be
adopted by each local or regional board of education in the area served
by such regional educational service center, in accordance with the
provisions of subsection (b) of this section. Such uniform regional school
calendars shall be consistent with the guidelines for a uniform regional
school calendar developed pursuant to section 321 of public act 13 -247.
Not later than A pril 1, 2014, each regional educational service center
shall submit such uniform regional school calendar to the State Board of
Education for approval. Not later than five days after such approval,
such regional educational service center shall submit such approved
uniform regional school calendar to the joint standing committee of the
General Assembly having cognizance of matters relating to education,
in accordance with the provisions of section 11-4a.
(b) For the school year commencing July 1, 2017, and each school year
thereafter, a local or regional board of education may adopt the uniform
regional school calendar developed and approved pursuant to
subsection (a) of this section.
[(c) Not later than July 1, 2017, and annually thereafter, the
Commissioner of Education shall submit a report on which boards of
education have adopted the uniform regional school calendar and the
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implementation of such uniform regional school calendars, pursuant to
subsection (b) of this section, and any recommendations for legislation
relating to such implementation to the joint standing committee of the
General Assembly having cognizance of matters relating to education,
in accordance with the provisions of section 11-4a.]
Sec. 4. Section 10 -94l of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
[(a)] The Commissioner of Education shall administer, within
available appropriations and in consultation with the Commissioner of
Children and Families, a surrogate parent program. The Commissioner
of Children and Families shall select any foster child, as def ined in
section 17a-110, who resides in the area identified as Region 3 by the
Department of Children and Families for participation in the program,
and the Commissioner of Education shall appoint a surrogate parent for
such child. The surrogate paren t shall represent the foster child in the
educational decision-making process, provided the parent or guardian
of the foster child: (1) Agrees or fails to object to the appointment of a
surrogate parent; (2) receives identical notices as the surrogate pare nt;
and (3) may revoke the appointment of a surrogate parent at any time.
[(b) Not later than January 1, 2016, and annually thereafter, the
Commissioners of Education and Children and Families shall jointly
submit a report, in accordance with section 11 -4a, to the joint standing
committees of the General Assembly having cognizance of matters
relating to children and education on the surrogate parent program.]
Sec. 5. Subsections (i) and (j) of section 10 -223h of the 2026
supplement to the general statutes are repealed and the following is
substituted in lieu thereof (Effective from passage):
[(i) Not later than thirty days after the approval of the turnaround
plan for a school selected to participate in the commissioner's network
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of schools by the State Board of Education, the Commissioner of
Education shall submit the operations and instructional audit and the
turnaround plan for such school to the joint standing committee of the
General Assembly having cognizance of matters relat ing to education,
in accordance with the provisions of section 11-4a.]
[(j)] (i) (1) Not later than February 1, 2018, and annually thereafter,
the Commissioner of Education shall annually submit a report on the
academic performance of each school participating in the
commissioner's network of schools to the joint standing committee of
the General Assembly having cognizance of matters relating to
education, in accordance with the provisions of section 11 -4a. Such
report shall include, but not be limited to, (A) the accountability index
score, as defined in section 10 -223e, for such school, (B) trends for the
accountability index scores during the period that such school is
participating in the commissioner's network of schools, (C) adjustments
for subgroups of students at such school, including, but not limited to,
students whose primary language is not English, students re ceiving
special education services and students who are eligible for free or
reduced price lunches, and (D) performance evaluation results in the
aggregate for teachers and administrators at such school.
[(2) Not later than February 1, 2018, and annually thereafter, the
Commissioner of Education shall annually submit a report comparing
and analyzing the academic performance of all the schools participating
in the commissioner's network of schools to the joint standing
committee of the General Assembly having cognizance o f matters
relating to education, in accordance with the provisions of section 11-4a.
Such report shall include, but not be limited to, (A) the accountability
index score, as defined in secti on 10-223e, for the school, (B) trends for
the accountability indices during the period that such schools are
participating in the commissioner's network of schools, (C) adjustments
for subgroups of students at such schools, including, but not limited to,
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students whose primary language is not English, students receiving
special education services and students who are eligible for free or
reduced price lunches, and (D) performance evaluation results in the
aggregate for teachers and administrators at such schools.
(3) Not later than February first following the expiration of the
turnaround plan for each school participating in the commissioner's
network of schools, the commissioner shall submit a final report that (A)
evaluates such turnaround plan and the academic performance of such
school during the perio d that such turnaround plan was in effect, and
(B) makes recommendations for the operation of such school to the joint
standing committee of the General Assembly having cognizance of
matters relating to education, in accordance with the provisions of
section 11-4a.]
[(4)] (2) Not later than January 1, 2020, the commissioner shall submit
a report (A) evaluating the commissioner's network of schools and its
effect on improving student academic achievement in participating
schools, and (B) making any recommendations for the contin ued
operation of the commissioner's network of schools to the joint standing
committee of the General Assembly having cognizance of matters
relating to education, in accordance with the provisions of section 11-4a.
[(5)] (3) Not later than February first each year, the Commissioner of
Education shall present the items submitted pursuant to subdivisions
(1) [to (4), inclusive, ] and (2) of this subsection to the joint standing
committee of the General Assembly having cognizance of matters
relating to education.
Sec. 6. Section 10 -262p of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
[(a)] The State Board of Education shall adopt grade kindergarten to
grade twelve, inclusive, computer technology competency standards for
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students by July 1, 2001. [Information on the standards shall be included
in the report required pursuant to subsection (b) of this section.]
[(b) On or before July 1, 2001, and biennially thereafter, the
Commissioner of Education shall report, in accordance with section 11-
4a, to the joint standing committee of the General Assembly having
cognizance of matters relating to education on the status of educational
technology in the public schools. The report s hall include information
on the level of funding needed to assure that the technology needs in
the areas of infrastructure improvements, educator professional
development, curriculum development and student competency
development are met.]
Sec. 7. Subsection (a) of section 10 -43 of the general statutes is
repealed and the following is substituted in lieu thereof ( Effective from
passage):
(a) The committee shall, at least semiannually, make progress reports
to the participating towns and the State Board of Education in such
manner as the committee deems suitable. Upon completion of its study,
the committee shall present a written report of its findings and
recommendations to the State Board of Education and the town clerk of
each participating town. If the committee finds that establishment of the
proposed regional school district is inadvisable, its report shall include
such findings and an explanation of the reasons for its conclusions. If
the findings of the committee support the feasibility and desirability of
establishing a regional school district, its report shall contain (1) the
findings of the committee with respect to the advisability of establishing
a regional school district, (2) the towns to be included, (3) the grade
levels for which educational programs are to be provided, (4) detailed
educational and budget plans for at least a five -year period including
projections of enrollme nts, staff needs and deployment and a
description of all programs and supportive services planned for the
proposed regional school district , provided such budget plan shall,
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when feasible, be reviewed or audited by an independent third party to
determine the viability of such budget plan , (5) the facilities
recommended, (6) estimates of the cost of land and facilities, (7) a
recommendation concerning the capital contribution of each
participating town based on appraisals or a negotiated valuation of
existing land and facilities owned and used by each town for public
elementary and secondary education which the committee recommends
be acquired for use by the proposed regional sc hool district, together
with a plan for the transfer of such land and facilities, (8) a
recommendation concerning the size of the board of education to serve
the proposed regional school district and the representation of each
town thereon, (9) a consideration of transportation costs associated with
the establishment of such regional school district, and [(9)] (10) such
other matters as the committee deems pertinent. The capital
contribution of each participating town shall be in the same proportion
to the total purchase price or negotiated value of the property
transferred as the number of pupils in average daily membership of
such town as defined in section 10-261 for the school year preceding that
in which the plan is approved by the State Board of Educat ion bears to
the total number of such pupils in the participating towns.