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--- version:Public Act No. 26-106
+++ version:(document, no version)
@@ -1,295 +1,140 @@
-Substitute Senate Bill No. 138
+Researcher: JM Page 1 5/1/26
 
-Public Act No. 26-106
+OLR Bill Analysis
+sSB 138 (File 493, as amended by Senate "A")*
 
 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-statutes are repealed and the following is substituted in lieu thereof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
-Substitute Senate Bill No. 138
+SUMMARY
+This bill makes various unrelated changes to education law ,
+including:
+1. aligning the approval process for new charter schools with the
+governor’s biennial budget process, rather than the annual
+process as under current law;
+2. requiring the State Department of Education (SDE) to pay
+transportation grants for Sheff region (see BACKGROUND)
+magnet schools operated by regional educational service centers
+(RESCs) in an amount of up to  one half the total estimated cost
+paid by the RESC by October 31 of the fiscal year, rather than half
+the total estimated cost by this date as under current law; and
+3. amending what must be in the report by a regional school study
+committee supporting the district’s creation as part of the
+planning process to consider forming a regional school district.
+The bill also repeals various annual (unless the frequency is
+otherwise noted) reports that SDE must currently submit to the
+Education Committee, or other General Assembly committees (noted
+below), including those for:
+1. school boards that have adopted the uniform regional school
+calendar and any related recommendations;
+2. the surrogate parent program (a joint program with the
+Department of Children and Families) , which is  also submitted
+to the Committee on Children;
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+Researcher: JM Page 2 5/1/26
 
-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
+3. the commissioner’s network of schools program reports that are
+required at certain steps of the process including  a (a) one-time
+report on the turnaround plan for a school participating in the
+program, (b) report analyzing the academic performance of all
+schools in the program, and (c) final report at the conclusion of
+the turnaround plan evaluating the plan and perfor mance for
+each participating school; and
+4. the status of educational technology in the public schools
+(reported biennially).
+*Senate Amendment “A ” (1) strikes provisions that ( a) make a
+receiving interdistrict magnet school responsible for the costs of a
+student’s services under a Section 504 accommodation plan ; (b) repeal
+the requirement for SDE to report on activities and programs designed
+to reduce racial, ethnic, and economic isolation ; and ( c) repeal the
+requirement for SDE to report on quality of teacher preparation
+programs in Connecticut ; and (2) makes SDE pay up to half the
+estimated costs of the magnet school transportation grants , rather than
+an amount equal to the actual costs, by the end of October.
+EFFECTIVE DATE: Upon passage , except the provisions on charter
+schools and magnet school transportation grant payments are effective
+July 1, 2026.
+CHARTER SCHOOL APPROVAL PROCESS
+Current law requires the State Board of Education (SBE) to annually
+review all new charter school applications and grant initial certificates
+of approval for local and state charter schools (see BACKGROUND).
+The bill eliminates the requirement that SBE do so annually.
+Starting with the biennium beginning July 1, 2027, the bill requires
+the SDE commissioner to ensure that the timing for granting initial
+certificates of approval for charters coincides with the preparation of the
+state budget for that biennium.
+By law, a new school’s initial certificate of approval only takes effect
+as a full charter when the legislature appropriates funds to SDE for its
+2026SB-00138-R01-BA.DOCX
 
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+Researcher: JM Page 3 5/1/26
 
-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
-Substitute Senate Bill No. 138
+operation (specifically, July 1 in the fiscal year for which the funds are
+appropriated). State law allows non -profit organizations; boards of
+education, either alone or jointly with another board; and institutions of
+higher education, among others, to submit applications to star t a new
+charter school.
+TRANSPORTATION GRANTS TO CERTAIN RESCS
+SDE provides transportation grants to RESC -operated magnet
+schools that help the state meet its obligations under Sheff. These grants
+must cover a RESC’s reasonable transportation costs, subject to a
+comprehensive financial review.
+State law requires paying an amount equal to 50% of the estimated
+transportation costs by October 31 of the fiscal year and, unchanged by
+the bill, sets targets for covering all other eligible transportation costs
+(generally by paying most of the remaining  amount by June 30 of that
+fiscal year). The bill instead requires SDE to pay up to one half of the
+estimated transportation costs by October 31, while maintaining the
+existing framework for the remainder of the costs.
+REGIONAL SCHOOL DISTRICT STUDY REPORTING
+As part of the planning process to consider forming a regional school
+district, state law requires the creation of a regional school district study
+committee to evaluate the district’s feasibility and participants’ desire to
+move forward. At the end of the  study, the committee must report to
+SDE on whether the district should or should not move forward.
+If the committee believes it should, the report must address several
+factors, including having detailed educational and budget plans for at
+least a five -year period with projected enrollments, staff needs and
+deployment, and a description of planned programs and supportive
+services. The bill requires that, when feasible, the budget plan be
+reviewed or audited by an independent third party to determine its
+viability.
+The bill also requires the report to consider the associated
+transportation costs in establishing the district.
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+Researcher: JM Page 4 5/1/26
 
-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 April  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 app roved
-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
-Substitute Senate Bill No. 138
-
-Public Act No. 26-106 5 of 9
-
-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
-Substitute Senate Bill No. 138
-
-Public Act No. 26-106 6 of 9
-
-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,
-Substitute Senate Bill No. 138
-
-Public Act No. 26-106 7 of 9
-
-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
-Substitute Senate Bill No. 138
-
-Public Act No. 26-106 8 of 9
-
-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 shall include information
-on the level of funding needed to assure that the technology needs in
-the areas of infrastructure improvements, educator professional
-development, curriculum developmen t 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,
-Substitute Senate Bill No. 138
-
-Public Act No. 26-106 9 of 9
-
-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.
-
-Governor's Action:
-Approved June 4, 2026
+BACKGROUND
+Local and State Charter Schools
+By law, local charter schools are part of the public school district
+where they are located but have a separate council governing the charter
+(currently, there is only one school like this in the state). State charter
+schools are managed by private council s that are not affiliated with or
+under the control of any public board of education (CGS § 10 -66bb(c),
+(e) & (f)). Charter governing councils are made up of private citizens,
+rather than an elected board of education.
+Sheff v. O’Neill State Supreme Court Decision
+In this decision, the Connecticut Supreme Court ruled that the state
+had a constitutional obligation to remedy the educational inequities in
+Hartford schools caused by racial and ethnic isolation ( Sheff v. O’Neill,
+238 Conn. 1 (1996)). The court ordered the state to craft a solution and
+the General Assembly enacted legislation to create voluntary
+desegregation in Hartford through magnet schools and other programs,
+such as Open Choice.
+The “Sheff region” includes the school districts for the towns of Avon,
+Bloomfield, Canton, East Granby, East Hartford, East Windsor,
+Ellington, Farmington, Glastonbury, Granby, Hartford, Manchester,
+Newington, Rocky Hill, Simsbury, South Windsor, Suffield, Vernon,
+West Hartford, Wethersfield, Windsor, and Windsor Locks.
+Commissioners Network of Schools Program
+The law requires schools with low -performing students that are
+selected for the program to (1) craft turnaround plans aimed at
+improving student achievement and (2) conduct an operations and
+instructional audit . The program places the school under close SDE
+supervision while also providing additional resources (CGS § 10-223h).
+COMMITTEE ACTION
+Education Committee
+Joint Favorable Substitute
+Yea 29 Nay 17 (03/18/2026)