Committee considers narrow exception to independent-school moratorium for reorganizations

The Senate Education Committee reviewed draft language May 7 that would carve out a narrow exception to the 2023 moratorium on initial approval of new approved independent schools. Legislative counsel described a proposed amendment that would allow a for'profit approved independent school that was approved on or before July 1, 2023, to reorganize as a nonprofit and submit a new application without being blocked by the moratorium.

Legislative counsel told the committee the drafted text would require the reorganized nonprofit to "substantially comply with all statutory requirements for approved independent schools and the board rules for approved independent schools." Counsel noted the moratorium was current law and the carve'out would be limited to the conversion circumstance; other application requirements and approval standards would still apply.

Committee members raised practical questions about timing and operations during the reorganization period. Jolie Prechette, representing a middle school, asked whether a school that files for conversion could be forced to stop operations during the interval between submission and board action: "...is there a way to just sort of carry forward that preapproval?" Counsel said she would consult the State Board of Education to understand whether a grace mechanism or concurrent review could be crafted and offered to report back to the committee.

The committee instructed counsel to follow up with the State Board and to prepare language clarifying whether a reorganization alone should trigger the requirement to submit a new application and whether operations could continue while the new application is pending. The committee planned to revisit the language the next day before a vote on the miscellaneous education bill.