State board weighs declaratory ruling after dispute over charter funding priorities

Members of the public, charter operators and elected officials pressed the Connecticut State Board of Education on May 7 to clarify how the state decides which newly authorized charter schools receive scarce state funding.

The matter centers on two petitions: Capital Preparatory Middletown, approved by the board in 2023 and arguing it should be funded first, and Danbury Charter School (Elevate/Danbury), which received an initial certificate of approval in 2018 and remains unfunded. Legal staff told the board it could resolve that question through a declaratory ruling or by initiating regulation-making procedures.

Why it matters: The dispute affects which communities open new charter schools this year and could lead to litigation. State Representative Anne Dauphin told the board there is “a very clear process” for allocating charter appropriations and urged the board to apply the statute’s factors in order, saying the legislature has appropriated funds and it is the board’s role to determine which approved school receives them. Steve Tracy, representing the Danbury planning team, said Danbury’s approval in 2018 and years of community organizing justify reconsideration of its funding status.

Board counsel described the mechanics: under the cited provisions petitioners ask whether the board must rank approved applicants when the General Assembly provides limited funding and whether that ranking is binding on later funding decisions. Counsel recommended the department set a transparent process to gather evidence and briefs so the board could issue a declaratory ruling addressing the statutory questions.

What happened at the meeting: Legal and department staff presented background and a proposed process for taking written submissions, allowing interested parties to join the record and developing a schedule. The board discussed whether to authorize the department to proceed with the declaratory-ruling process; the transcript records the department asking the board to authorize that step. The transcript does not contain a final substantive ruling on the statutory questions.

Public voices: Speakers in favor of Capital Prep Middletown included Bishop Glenn J. McKissick Jr. and others who cited the board’s prior ranking and the statute’s enumerated factors; Elevate Charter Schools’ CEO John Taylor and Elevate staff said Danbury families have waited years for funding and requested party status in any proceeding. Attorney Mark Samaruca said he authored the petition for Capital Prep and urged the board to pursue the resolution prepared by department counsel.

What’s next: If the board authorizes the department to pursue the declaratory ruling, department legal staff will convene a scheduling conference, collect submissions and return to the board with a recommended draft ruling or regulatory proposal. If the board declines, the statute allows petitioners to seek other remedies. The process described in the meeting will determine the timetable for any final decision.

Ending: The board was presented with competing claims and a recommended procedural path; the transcript records the department’s request that the board authorize a declaratory-ruling process to answer the legal questions but does not record a final legal determination in the meeting record.