State Board backs agency legal view; declines to order funding after hours of public comment on Capital Prep and Danbury charters

The Connecticut State Board of Education voted Oct. 8 to issue a proposed declaratory ruling consistent with the Connecticut State Department of Education nalysis that the legislature, not the board alone, determines which charter applicants receive state operating funds. The vote followed more than two hours of public comment at a North Haven high school session where dozens of students, parents, pastors and charter advocates asked the board to push for funding that would let approved schools open.

Why this matters: The board ecision affirms the agency rgument that an initial certificate of approval from the board is a separate step from the legislative appropriation required to convert an approved applicant into a funded charter school. Petitioners had urged the board to use a declaratory ruling to compel funding or an additional hearing; the board majority adopted the agency nalysis and issued the proposed ruling instead.

Attorney Mark Samaruga, who said he represents Capital Preparatory schools, told the board he and his clients "strenuously object to the draft declaratory ruling," arguing it would improperly rewrite the statutory scheme that governs charter approvals and funding. "Declaratory ruling serves to effectively rewrite state law 10-66bb and 10-66ee," Samaruga said during public comment.

Michael McKee, director of legal and governmental affairs for the Connecticut State Department of Education, urged the board to adopt the agency raft. McKee told members the statutory process is a two-step sequence: the board issues an initial certificate of approval and the General Assembly appropriates funds. "The law could not be clearer," McKee said in his presentation to the board, urging members to accept the proposed ruling.

Supporters of Capital Prep and residents from Danbury urged the board to press for faster funding. Dr. Steve Perry, who identified himself as an advocate for the petitioning school, asked the board to allow petitioners another opportunity to present their case to the full board: "Let us be heard. Let us be heard," Perry said. Several student speakers described college and dual-enrollment opportunities at existing Capital Prep campuses and urged the board to clear the path for a Middletown campus to open.

John Taylor, chief executive officer of Elevate Charter Schools (a proposed Danbury partner), and other attorneys and advocates urged the board to exercise what they called its authority to resolve funding disputes. The board nd agency legal staff disagreed about whether the statutory provisions petitioners rely on apply when the legislature did not earmark funding for the applicants in question.

Board discussion focused on statutory interpretation and process. Board members asked agency counsel and staff to explain how the charter line item and the distribution formula operate when the legislature appropriates funds for some schools but not others. CSDE staff described a multi-factor process used to allocate limited charter-line funds when the legislature appropriates money for new schools but the total available is not sufficient to fund every applicant at full capacity.

Votes at a glance - Motion: Issue the proposed declaratory ruling as drafted by the Division of Legal and Governmental Affairs (DLGA) recommending the board recognize that legislative appropriation is required to convert an initial certificate of approval into a funded charter. Mover: "Mister McCann" (motion requested on the record); second: not specified in transcript. Outcome: approved (voice vote; chair called "Aye" and motion passed). Note: the ruling adopts the CSDE legal analysis that the legislature appropriates funding and the board and CSDE allocate appropriated charter-line funds under statutory formulas. - Motion: Approve fiscal-year 2026-27 budget options (item 9). Mover/second not specified in transcript. Outcome: approved (motion carries). - Motion: Approve consent agenda (item 10). Outcome: approved. - Motion: Approve minutes (correction recorded). Outcome: approved.

What the ruling says (summary): The proposed declaratory ruling recommended by DLGA concludes that the statutory sequence created by Public Act 15-239 (and related provisions cited in CSDE filings) contemplates a two-step process: board approval of applicants followed by legislative appropriation. Agency counsel told the board that allocating appropriated charter-line funds requires the department to apply criteria in Conn. Gen. Stat. —70-66ee(k) and related provisions to prioritize distribution when the pot of funds is limited.

Public comment and reaction: Speakers included attorneys for petitioners, school founders and many student and community speakers who described Capital Prep nd Danbury charter proposals as urgently needed. Anita Ford Saunders, identified on the record as co-chair of the Capital Prep Middletown planning committee, emphasized statewide racial achievement gaps and urged the board to enable the Middletown campus to open. Several students recounted college credits and acceptance rates at existing Capital Prep campuses.

Next steps: The board issued the proposed declaratory ruling on the record. Petitioners and their counsel signaled they may seek other remedies outside the board process; DLGA and agency counsel repeatedly advised that the statute places appropriation authority with the legislature.

Ending: Board members and agency counsel said they would make the full text of the proposed declaratory ruling and the supporting legal memoranda available in meeting materials. Several petitioners asked the board to reconsider or to provide a further hearing; the transcript records their objections and the board's vote to adopt the agency-recommended ruling.