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Board and lawmakers weigh moratorium exception as independent‑school backlog is worked through
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Summary
State Board members told the House committee they have begun reviewing roughly a dozen reapproval cases but estimated about 60 schools remained in the backlog; one therapeutic school seeks an exception to the moratorium, and staff will conduct legal analysis to determine whether a new LLC counts as a new school.
House Education members and State Board leaders discussed the independent school approval backlog and a pending request for a moratorium exception during a Jan. 27 check‑in.
Jennifer Dex Samuelson said the board has been reviewing reapproval requests and estimated "we've probably looked at a dozen schools" in the past 6–8 months while recalling there were "60 some odd schools" in the backlog. Board members said the Agency of Education is prioritizing therapeutic independent schools and the 18 independent schools that remain eligible for public tuition funds.
Committee members asked about a specific case: a therapeutic school wants to purchase another program and create a new limited liability company to operate it. That structure, they said, appears to trigger the moratorium's prohibition on new approvals without legislative action. Samuelson said the board’s contracted counsel, Sarah Buxton, and Agency staff (Emily Simmons) will research whether the transaction legally constitutes a "new school," and that the board would prefer legislative clarification of intent before taking a formal position.
"If you'd like the state board to weigh in on that, I think we would request sort of a statement of legislative intent on this," Tammy Colby said, asking members to provide clarity to guide the board's deliberations.
Board leaders said they have tried to prioritize schools that will continue to have public tuition relationships and that they will continue reviewing cases while coordinating with the agency.
No formal board position or legislative action was adopted during the meeting; staff follow‑up and legal analysis were requested.
