Connecticut

Connecticut law contains the following caps: 250 students per state board of education-authorized charter or 25 percent of the enrollment of the district in which the charter is located, whichever is less, and 300 students per state board of education-authorized K-8 charter or 25 percent of the enrollment of the district in which the charter is located, whichever is less. State law allows the state board to waive these cap restrictions for charters with a demonstrated record of achievement.
State law only allows public charter schools to open in towns that have one or more schools that have been designated as a commissioner's network school or in towns that have been designated as a low achieving school district.
State law provides that on and after July 1, 2012, and before July 1, 2017, the state board of education shall not approve more than four applications for the establishment of new state charter schools unless two of the four such applications are for the establishment of two new state charter schools whose mission, purpose, and specialized focus is to provide dual language programs or other models focusing on language acquisition for English language learners.

Connecticut law provides that state charters are new start-ups and are approved by the state board of education. It also provides that local charters are conversions of a traditional public school or part of a traditional public school into a charter school and are approved by the local or regional board of education of the school districts in which it is located and by the state board of education.

Connecticut law provides that state charters must be approved by the state board of education and that local charters must be approved by the local school board and the state board of education. It also provides that the state board may grant initial certificates of approval for charters for local and state charter schools. Upon granting an initial certificate of approval for a charter, the state board must submit a copy of the certificate and a summary of the comments made at a required public hearing to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies. The law provides that the General Assembly may appropriate funds to the Department of Education for the purposes of providing funds to local and state charter schools. If such funds are appropriated, an initial certificate of approval for a charter shall be effective and deemed a charter as of July 1st of the fiscal year for which such funds are appropriated.

While the law does not require the legislature and governor to regularly review the performance of the state board of education as an authorizer, they can do so at any time. In addition, the ability of the state board of education to continue authorizing can be removed by the legislature and governor (the entities that gave it that authority).Connecticut law requires the state commissioner of education to biannually review and report on the operation of charter schools to the joint standing education committee of the general assembly regarding statutory change recommendations to facilitate expansion in the number of charter schools, a compilation of charter school profiles, an assessment of the adequacy of funding, and adequacy and availability of suitable facilities for charter schools.

Connecticut law does not include any of the model law's provisions for adequate authorizer funding.

Connecticut law contains application elements for all schools and additional application elements specific to conversion schools and educational service providers.
Connecticut law requires the state board of education to hold a public hearing within the school district that a given school is to be located for both the initial application and for renewals, but does not require in-person interviews.

Connecticut law requires the vote regarding the approval of an application to be made in an open meeting, but does not require authorizers to state reasons for denials in writing.

Connecticut law does requires charter contracts to be created as a separate document from the application, to define the roles, powers, and responsibilities for the school and its authorizer, and to define academic and operational performance expectations by which the school will be judged based on a performance framework.
Connecticut law provides that a charter may be granted for a period of up to five years.

State law requires charter schools to submit an annual strategic school profile report to the state commissioner of education as well as an annual report on the school’s progress in meeting the academic and organizational performance goals set forth in the charter, including a description of the educational progress of students, financial conditions (including an audit statement), accomplishment of mission, racial/ethnic composition of students and efforts to increase diversity, and best practices.
Connecticut law requires each charter management organization or, if there is no charter management organization associated with a school, the governing council of such charter school, to submit annually to the State Commissioner of Education a certified audit statement of all revenues from public and private sources and expenditures related to such organization's function as a charter management organization in this state or to such council's function as a governing council of a state or local charter school in this state, and a complete copy of such organization's or council's most recently completed Internal Revenue Service form 990, including all parts and schedules, other than Schedule B of such form.

Connecticut law allows the state commissioner of education to conduct oversight activities, place a charter school on probation, and require the implementation of a corrective action plan based upon failure to adequately demonstrate student progress or other material violation concerns.

Connecticut law requires charter schools seeking renewal to apply for it. For such renewal applications, the law allows the state board of education to commission an independent appraisal of the charter school’s performance.
Connecticut law provides that the state board of education may deny an application for the renewal of a charter if: student progress has not been sufficiently demonstrated, as determined by the state commissioner of education; the governing council of the school has not been sufficiently responsible for the operation of the school or has misused or spent public funds in a manner that is detrimental to the educational interests of the students attending the charter school; the school has not been in compliance with applicable laws and regulations; the efforts of the school have been insufficient to effectively attract, enroll and retain students with a history of low academic performance, students who receive free or reduced priced lunches pursuant to federal law and regulations, students with a history of behavioral and social difficulties, students identified as requiring special education, or students who are English language learners; or the governing council of the school has not provided evidence that such council has initiated substantive communication with the local or regional board of education of the town in which the school is located to share student learning practices and experiences.

Connecticut law also provides that the state board of education may, but is not required to, revoke a charter if a charter school has failed to: comply with the terms of probation, including the failure to file or implement a corrective action plan; demonstrate satisfactory student progress, as determined by the state commissioner of education; comply with the terms of its charter or applicable laws and regulations; or manage its public funds in a prudent or legal manner.

Connecticut law allows a charter to be renewed for up to five years.

Unless an emergency exists, prior to revoking a charter, Connecticut law requires the state board to provide the governing council for the charter school with written notice of revocation reasons and an opportunity to demonstrate compliance with all requirements for the retention of its charter, including documentary and testimonial evidence to refute the facts cited by the state board for the proposed revocation.

The law requires all actions regarding renewals, nonrenewals, and revocations to be made in a public meeting.

Connecticut law provides that the governing council of a charter school may only enter into a contract for whole school management services with a non-profit charter management organization.
Connecticut law requires that applications include evidence of educational service provider success with similar populations, but it does not require that applications include evidence of the provider’s capacity for growth.

The law specifies that an application of a charter school which intends to contract with an ESP that must detail the roles and responsibilities of the charter board, the staff of the schools, and the ESP; the scope and services to be provided by the ESP; the performance evaluation measures and timelines; the compensation structure including all fees to be paid to the ESP; methods of contract oversight and enforcement; conditions for renewal and termination of contract; and evidence of compliance with all provisions of law.

The law also requires an annual audited statement of all revenues from public and private sources and expenditures related to such ESP’s function with the school, as well criminal background checks for all ESP contractors performs a service involving direct student contact.

Connecticut law contains provisions requiring authorizer approval of any performance contracts between schools and educational service providers, ensuring school governing boards operate as entities legally and fiscally independent of any educational service provider, and dealing with existing and potential conflicts of interest between the school and the provider. It is silent on any prohibition of individuals compensated by an ESP serving on the charter board.

Connecticut law requires charter schools to be organized as nonprofit entities and operated independently of any local or regional board of education in accordance with the terms of their charters.

Connecticut law requires charter schools to provide open enrollment to any student in the state. It also notes that admissions cannot discriminate on the basis of disability, athletic performance or proficiency in the English language. The law allows charter schools to give preference to siblings.It also requires charters to determine enrollment by lottery. The law allows the governing council of a state or local charter school to apply to the state board of education for a waiver of the requirements of the enrollment lottery, provided such state or local charter school has as its primary purpose the establishment of education programs designed to serve one or more of the following populations: students with a history of behavioral and social difficulties; students identified as requiring special education; students who are English language learners; or students of a single gender.

The law also provides that an enrollment lottery shall not be held for a local charter school that is established at a school that is among the schools with a percentage equal to or less than five per cent when all schools are ranked highest to lowest in school performance index scores.

Instead of providing charters with automatic exemptions from most state and district laws and regulations, Connecticut law allows a charter school application to include, or a charter school to file, requests to waive provisions of the general statutes and regulations that are within the jurisdiction of the state board of education.
Connecticut law requires at least 50% of a charter school's teachers to be certified, while the others must have at least alternative or temporary certification and be working toward standard certification. Connecticut law also creates the charter school educator permit, which can be granted to a charter teacher or administrator that lacks state certification, provided they: pass the state reading, writing, and math competency test for teacher certification candidates or meet state board criteria for a testing waiver; pass the same state test as a teacher or administrator certification candidate seeking to work in the same subject or administrative area; and demonstrate effectiveness as a teacher or school administrator, as appropriate.

Connecticut state statute requires collective bargaining for non-charter public school teachers. It requires that collective bargaining address eleven topics: wages, hours, length of preparation periods, terms and conditions of employment, extracurricular duties, leave, management rights, transfers and reassignment, layoffs, dismissal, and grievance procedures. The law expressly prohibits bargaining on pension and retirement benefits.Connecticut law allows a state charter school’s teachers to negotiate as a separate unit with the charter school governing council or work independently. It requires a local charter school’s teachers to be covered by the school district collective bargaining agreement, but such an agreement may be modified by a majority of a charter school’s teachers and the charter school’s governing council.
Prior to the Supreme Court’s ruling in Janus v. AFSCME, Connecticut allowed unions to impose mandatory agency fees on non-members. The Supreme Court decision renders that state law unconstitutional. Since the decision, Connecticut has enacted a new law that requires public agencies to notify employees and the collective bargaining unit upon receiving a permissible request for that employees’ personnel files.
Connecticut law states that employees may petition the state board of labor relations for an election or change of exclusive representative if they demonstrate that 30 percent or more of the employees of the collective bargaining unit desire a change. Challengers must show that at least 10 percent of the employees desire their representation instead. The board must hold an election by secret ballot to determine whether and by which organization the majority of employees in the unit desire to be represented. It prohibits elections within a 12-month period of a previous election and during the term of an existing collective bargaining agreement unless there is good cause.

Connecticut law prohibits these arrangements.

Connecticut law is silent about charter eligibility and access.

Connecticut law requires charter schools to be connected to each student’s district of residence LEA for purposes of special education. It requires special education funds to go to the LEA of residence, which is responsible for evaluation and services. It notes that charter schools are eligible to the same extent as boards of education for any special education grants and funding.
In reference to high cost, low-incident cases, statute provides that the LEA pay the charter school, on a quarterly basis, an amount equal to the difference between the reasonable cost of educating high cost students and the amount received via a formula by the state charter school.

Connecticut law provides that the state board may grant initial certificates of approval for charters for local and state charter schools. Upon granting an initial certificate of approval for a charter, the state board must submit a copy of the certificate and a summary of the comments made at a required public hearing to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies. The law provides that the General Assembly may appropriate funds to the Department of Education for the purposes of providing funds to local and state charter schools. If such funds are appropriated, an initial certificate of approval for a charter shall be effective and deemed a charter as of July 1st of the fiscal year for which such funds are appropriated.
For local charter schools, state law provides that the local or regional board of education of the school district in which the local charter school is located is responsible for the financial support of such local charter school at a level that is at least equal to the product of the per pupil cost for the prior fiscal year, less the reimbursement pursuant to state law for the current fiscal year, and the number of students attending such local charter school in the current fiscal year.
For state charter schools, Connecticut law provides that the funding comes directly from a separate state appropriation, with no local contribution. The annual per-pupil amount is specified in statute as follows: $11,000 for the fiscal year ending June 30, 2015 and each fiscal year thereafter.

Connecticut law provides that charter schools are eligible for additional categorical federal and state funds.

For transportation, Connecticut law provides that the school district in which the charter school is located must provide transportation services for charter students who reside in that district unless the charter school makes other arrangements for such transportation. It also allows school districts to provide transportation for those residing outside the district and be reimbursed for the reasonable costs of such transportation.

In a national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Persists, 2014), Connecticut charter schools were receiving on average $11,322 per pupil in public funds, while traditional public schools would have received $18,527 for those students. As a result, the state's charter schools were receiving $7,205 per pupil - or 38.8% - less than what the traditional public schools would have received for those students. This figure includes all sources of funding, and analysis reveals significant inequities exist both for operational and capital funding (see component #19 for information on capital issues).

Connecticut law has provided $20 million in bond financing to support charter school facilities, dispersed through a competitive application process. In addition, Connecticut law created a pilot to provide $25 million in bond financing for one charter school, which is similar to that available for traditional districts (whereby the state covers 80% and other sources cover 20%).
Connecticut law allows a charter school to apply for low-interest loans from the Connecticut Health and Educational Facilities Authority.

Connecticut law also creates incentives for school districts to enter into voluntary agreements with high performing charter schools to provide material support to such schools, such as the use of a district facility. By doing so, districts are given permission to count the performance of the charter school students as part of the district for the purposes of No Child Left Behind compliance.

State law provides that charter school teachers hired prior to July 1, 2010 may participate in the state teacher retirement system, while it requires that those hired after July 1, 2010 must participate in the system.

Connecticut law does not contain any of the model law’s provisions for full-time virtual charter schools.