CHAPTER 172

SUPPORT OF PUBLIC SCHOOLS. TRANSPORTATION

Table of Contents

Sec. 10-253. School privileges for children in certain placements, nonresident children, children in temporary shelters, homeless children and children in juvenile detention facilities. Liaison to facilitate transitions between school districts and juvenile and criminal justice systems.

Sec. 10-262i. Equalization aid grant payments. Expenditures for educational purposes only. Prohibition against supplanting local funding. Aid increase. Aid reduction. Equalization aid grant amount for the previous fiscal year. Penalty.

Sec. 10-262j. Minimum budget requirement.

Sec. 10-264i. Transportation grants for interdistrict magnet school programs.

Sec. 10-264l. Grants for the operation of interdistrict magnet school programs. Transportation. Enrollment of students; notice. Special education; Section 504 plans. Financial audits. Tuition.

Sec. 10-264q. Eligibility of certain magnet schools not in compliance with racial minority enrollment requirements to continue to receive operating grants.

Sec. 10-265n. Even start family literacy program.

Sec. 10-265aa. The Partnership for Connecticut, Inc. Purposes, powers and reports.

Sec. 10-265bb. Duties of the corporation.

Sec. 10-265cc. Board of directors.

Sec. 10-265dd. Funding to further the purposes of the collaboration.

Sec. 10-265ee. Financial assistance provided by the corporation. State assistance.

Sec. 10-265ff. Philanthropic Match account.

Sec. 10-266p. Priority school district grant program.

Sec. 10-266q. Proposals and plans for expenditure of grant.

Sec. 10-266r. Evaluation of program. Financial statement of expenditures.


Sec. 10-253. School privileges for children in certain placements, nonresident children, children in temporary shelters, homeless children and children in juvenile detention facilities. Liaison to facilitate transitions between school districts and juvenile and criminal justice systems. (a) Children placed out by the Commissioner of Children and Families or by other agencies or persons, including offices of a government of a federally recognized Native American tribe, private child-caring or child-placing agencies licensed by the Department of Children and Families, and eligible residents of facilities operated by the Department of Mental Health and Addiction Services or by the Department of Public Health who are eighteen to twenty-one years of age, shall be entitled to all free school privileges of the school district where they then reside as a result of such placement, except as provided in subdivision (4) of subsection (e) of section 10-76d. Except as provided in subsection (d) of this section and subdivision (4) of subsection (e) of section 10-76d, payment for such education shall be made by the board of education of the school district under whose jurisdiction such child would otherwise be attending school where such a school district is identified.

(b) The board of education of the school district under whose jurisdiction a child would otherwise be attending school shall be financially responsible for the reasonable costs of education for a child placed out by the Commissioner of Children and Families or by other agencies, including, but not limited to, offices of a government of a federally recognized Native American tribe, in a private residential facility when such child requires educational services other than special education services. Such financial responsibility shall be the lesser of one hundred per cent of the costs of such education or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with subsection (a) of section 10-76f. Any costs in excess of the board's basic contribution shall be paid by the State Board of Education on a current basis. The costs for services other than educational shall be paid by the state agency which placed the child. Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d. Notwithstanding the provisions of this subsection, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010, to June 30, 2021, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subsection for such year.

(c) No board of education shall be required to provide school accommodations for any child whose legal residence is in another state unless the board has entered into an agreement concerning the provision of educational services and programs with the state or local educational agency of such state responsible for educating the child, the facility where the child is placed or the parent or guardian placing such child, and provided that a bond, in a sum equal to the tuition payable for such child, issued by a surety company authorized to do business in this state and conditioned upon the payment of tuition at the rate established by the board, shall be filed with the treasurer of the school district in which such child is attending school by the parent or guardian or other person or organization in control of such child.

(d) Children residing with relatives or nonrelatives, when it is the intention of such relatives or nonrelatives and of the children or their parents or guardians that such residence is to be permanent, provided without pay and not for the sole purpose of obtaining school accommodations, and, for the fiscal year commencing July 1, 1981, and each fiscal year thereafter, children not requiring special education who are residing in any facility or home as a result of a placement by a public agency, including, but not limited to, offices of a government of a federally recognized Native American tribe, other than a local or regional board of education, and except as provided by subsection (b) of this section, shall be entitled to all free school privileges accorded to resident children of the school district in which they then reside. A local or regional board of education may require documentation from the parent or guardian, the relative or nonrelative, emancipated minor or pupil eighteen years of age or older that the residence is to be permanent, provided without pay and not for the sole purpose of obtaining school accommodations provided by the school district. Such documentation may include affidavits, provided that prior to any request for documentation of a child's residency from the child's parent or guardian, relative or nonrelative, or emancipated minor or pupil eighteen years of age or older, the board of education shall provide the parent or guardian, relative or nonrelative, emancipated minor or pupil eighteen years of age or older with a written statement specifying the basis upon which the board has reason to believe that such child, emancipated minor or pupil eighteen years of age or older is not entitled to school accommodations.

(e) (1) For purposes of this subsection:

(A) “Temporary shelters” means facilities which provide emergency shelter for a specified, limited period of time, and

(B) “Educational costs” means the reasonable costs of providing regular or, except as otherwise provided, special education, but in no event shall such costs exceed the average per pupil cost for regular education students or the actual cost of providing special education for special education students.

(2) Children in temporary shelters shall be entitled to free school privileges from either the school district in which the shelter is located or the school district in which the child would otherwise reside, if not for the need for temporary shelter. Upon notification from the school district in which the temporary shelter is located, the school district in which the child would otherwise reside, if identified, shall either pay tuition to the school district in which the temporary shelter is located for the child to attend school in that district or shall continue to provide educational services, including transportation, to such child. If the school district where the child would otherwise reside cannot be identified, the school district in which the temporary shelter is located shall be financially responsible for the educational costs for such child, except that in the case of a child who requires special education and related services and is placed by the Department of Children and Families in a temporary shelter on or after July 1, 1995, the school district in which the child resided immediately prior to such placement or the Department of Children and Families shall be responsible for the cost of such special education and related services, to the extent such board or department is responsible for such costs under subparagraph (B) of subdivision (2) of subsection (e) of section 10-76d. If the school district where the child would otherwise reside declines to provide free school privileges, the school district where the temporary shelter is located shall provide free school privileges and may recover tuition from the school district where the child would otherwise reside. In the case of children requiring special education who have been placed in out-of-district programs by either a board of education or state agency, the school district in which the child would otherwise reside shall continue to be responsible for the child's education until such time as a new residence is established, notwithstanding the fact that the child or child's family resides in a temporary shelter.

(f) Notwithstanding any provision of the general statutes, educational services shall be provided by each local and regional board of education to homeless children and youths in accordance with the provisions of 42 USC 11431, et seq., as amended from time to time. If a homeless child or youth is denied school accommodations by a local or regional board of education on the basis of residency, such homeless child or youth shall be entitled to a hearing conducted pursuant to section 10-186. An unaccompanied youth, as described in 42 USC 11434a, as amended from time to time, shall be entitled to knowledge of and have access to all educational, medical or similar records in the cumulative record of such unaccompanied youth maintained by a local or regional board of education.

(g) (1) For purposes of this subsection, “juvenile detention facility” means a juvenile detention facility operated by, or under contract with, the Judicial Department.

(2) The local or regional board of education for the school district in which a juvenile detention facility is located shall be responsible for the provision of general education and special education and related services to children detained in such facility. The provision of general education and special education and related services shall be in accordance with all applicable state and federal laws concerning the provision of educational services. Such board may provide such educational services directly or may contract with public or private educational service providers for the provision of such services. Tuition may be charged to the local or regional board of education under whose jurisdiction the child would otherwise be attending school for the provision of general education and special education and related services. Responsibility for the provision of educational services to the child shall begin on the date of the child's placement in the juvenile detention facility and financial responsibility for the provision of such services shall begin upon the receipt by the child of such services.

(3) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile detention facility is located shall be financially responsible for the tuition charged for the provision of educational services to the child in such juvenile detention facility. The State Board of Education shall pay, on a current basis, any costs in excess of such local or regional board of education's prior year's average per pupil costs. If the local or regional board of education under whose jurisdiction the child would otherwise be attending school cannot be identified, the local or regional board of education for the school district in which the juvenile detention facility is located shall be eligible to receive on a current basis from the State Board of Education any costs in excess of such local or regional board of education's prior year's average per pupil costs. Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d.

(4) The local or regional board of education under whose jurisdiction the child would otherwise be attending school shall be financially responsible for the provision of educational services to the child placed in a juvenile detention facility as provided in subdivision (3) of this subsection notwithstanding that the child has been suspended from school pursuant to section 10-233c, has been expelled from school pursuant to section 10-233d or has withdrawn, dropped out or otherwise terminated enrollment from school. Upon notification of such board of education by the educational services provider for the juvenile detention facility, the child shall be reenrolled in the school district where the child would otherwise be attending school or, if no such district can be identified, in the school district in which the juvenile detention facility is located, and provided with educational services in accordance with the provisions of this subsection.

(5) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile detention facility is located shall be notified in writing by the Judicial Branch of the child's placement at the juvenile detention facility not later than one business day after the child's placement, notwithstanding any provision of the general statutes. The notification shall include the child's name and date of birth, the address of the child's parents or guardian, placement location and contact information, and such other information as is necessary to provide educational services to the child.

(6) Notwithstanding any provision of the general statutes, a child who is enrolled in a school district at the time of placement in a juvenile detention facility shall remain enrolled in that same school district for the duration of his or her detention, unless the child voluntarily terminates enrollment, and shall have the right to return to such school district immediately upon discharge from detention into the community.

(7) When a child is not enrolled in a school at the time of placement in a juvenile detention facility:

(A) The child shall be enrolled in the school district where the child would otherwise be attending school not later than three business days after notification is given pursuant to subdivision (4) of this subsection.

(B) If no such district can be identified, the child shall be enrolled in the school district in which the juvenile detention facility is located not later than three business days after the determination is made that no such district can be identified.

(8) Upon learning that a child is to be discharged from a juvenile detention facility, the educational services provider for the juvenile detention facility shall immediately notify the jurisdiction in which the child will continue his or her education after discharge.

(9) Prior to the child's discharge from the juvenile detention facility, the local or regional board of education responsible for the provision of educational services to children in the juvenile detention facility shall conduct an assessment of the school work completed by the child to determine an assignment of academic credit for the work completed. Credit assigned shall be the credit of the local or regional board of education responsible for the provision of the educational services. Credit assigned for work completed by the child shall be accepted in transfer by the local or regional board of education for the school district in which the child continues his or her education after discharge from the juvenile detention facility.

(h) (1) On or before August 1, 2018, each eligible school district shall designate and maintain at least one employee as a liaison to facilitate transitions between the school district and the juvenile and criminal justice systems.

(2) The designation required under subdivision (1) of this subsection shall be made by providing the Court Support Services Division of the Judicial Branch with written notice, on or before August first annually, of the name and professional title of and the contact information for such liaison.

(3) In each district, the liaison shall assist the school district, the Court Support Services Division of the Judicial Branch and any relevant educational service providers in ensuring that:

(A) All persons under twenty-two years of age in justice system custody are promptly evaluated for eligibility for special education services, pursuant to section 17a-65 and any other applicable law;

(B) Students in justice system custody and returning to the community from justice system custody are promptly enrolled in school pursuant to this section and section 10-186;

(C) Students in justice system custody and returning to the community from justice system custody receive appropriate credit for school work completed in custody, pursuant to this section or section 10-220h;

(D) All relevant school records for students who enter justice system custody and who return to the community from justice system custody are promptly transferred to the appropriate school district or educational service provider, pursuant to section 10-220h.

(4) For purposes of this subsection:

(A) An “eligible school district” means a school district that enrolled at least six thousand students during the school year ending June 30, 2017.

(B) “Justice system custody” means physical or legal custody or control of a child in a facility or program run by or contracted with the Department of Correction, or the Court Support Services Division of the Judicial Branch, either pending or pursuant to an adjudication or conviction for a delinquent act or criminal offense.

(C) “Child” means child, as defined in section 46b-120, or any other person under eighteen years of age.

(1949 Rev., S. 1550; 1955, S. 966d; February, 1965, P.A. 586, S. 1; 1969, P.A. 793, S. 6; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 78-218, S. 182; P.A. 80-483, S. 44, 186; P.A. 81-257, S. 9, 10; 81-432, S. 3, 11; P.A. 82-311, S. 2, 4; P.A. 83-88, S. 1, 2; P.A. 85-473, S. 2, 3; P.A. 86-303, S. 2, 4; P.A. 87-179, S. 1, 2; P.A. 88-360, S. 13, 63; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 95-237, S. 4, 7; 95-257, S. 33, 58; P.A. 96-146, S. 10, 12; P.A. 98-168, S. 4, 26; June 30 Sp. Sess. P.A. 03-6, S. 8, 246; P.A. 05-245, S. 20; Sept. Sp. Sess. P.A. 09-6, S. 47; P.A. 11-48, S. 181; 11-51, S. 28; P.A. 13-247, S. 163; June Sp. Sess. P.A. 15-5, S. 251; P.A. 17-194, S. 1; June Sp. Sess. P.A. 17-2, S. 580; P.A. 18-31, S. 3, 4; P.A. 19-117, S. 268; 19-179, S. 2.)

History: 1965 act amended Subsec. (a) providing exception to requirement that children placed by welfare commissioner receive free school privileges in town where placed; 1969 act deleted reference to placement in hospitals or custodial institutions for periods less than a school year in Subsec. (a) and excluded from provisions “children placed in hospitals or custodial institutions pursuant to agreements made under section 10-76d of the 1967 supplement ...”; P.A. 75-420 substituted commissioner of social services for welfare commissioner; P.A. 77-614 substituted commissioner of human resources for commissioner of social services, effective January 1, 1979; P.A. 78-218 substituted “board of education” for “town” where a duty implied and “school district” for “town” where geographical location implied; P.A. 80-483 substituted commissioner of children and youth services for commissioner of human resources; P.A. 81-257 repealed Subsec. (d) which had required enumeration of child in district he resides on date of enumeration; P.A. 81-432 clarified educational and financial responsibilities for state agency placements; P.A. 82-311 clarified provisions of P.A. 81-432 concerning the provision of an education for non-special-education children who are placed by state agencies by amending Subsec. (a) to require that the responsibility for children placed by state agencies rests with the school district where the child is placed if no responsible school board can be determined; and amending Subsec. (d) to specify that children not requiring special education who are placed by a public agency in any facility or home are the responsibility of the district where they are placed; P.A. 83-88 amended Subsec. (c) to authorize board to establish rate of tuition for nonresident children; P.A. 85-473 amended section to apply to certain residents of department of mental health facilities; P.A. 86-303 in Subsec. (d) added the provision that the residence not be for the sole purpose of obtaining school accommodations and made other provisions re requiring documentation re the nature of the residence; P.A. 87-179 amended Subsec. (a) to make children placed out by licensed private child-caring or child-placing agencies entitled to the free school privileges of the school district where they reside as a result of placement and added new Subsec. (e) re financial responsibility for educational costs for children in temporary shelters; P.A. 88-360 in Subsec. (a) added reference to the Connecticut alcohol and drug abuse commission; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-381 replaced Connecticut alcohol and drug abuse commission with department of public health and addiction services, effective July 1, 1993; P.A. 95-237 amended Subsec. (e) to add the exception concerning financial liability for special education and related services for children placed by the Department of Children and Families, effective July 1, 1995; P.A. 95-257 replaced Department of Mental Health with Department of Mental Health and Addiction Services, replaced Department of Public Health and Addiction Services with Department of Public Health, and added “except as provided in subparagraph (B) of subdivision (4) of subsection (e) of section 10-76d” in Subsec. (a), effective July 1, 1995 (Revisor's note: The reference to “subparagraph (B) of” was deleted editorially by the Revisors since Sec. 32 of P.A. 95-257 deleted former Subpara. (A) and the Subpara. (B) indicator from Sec. 10-76d(e)(4)); P.A. 96-146 amended Subsec. (e)(2) to make the Department of Children and Families responsible for the cost of special education and related services for certain children and to specify that the responsibility of the department or the school district in which the child resided prior to placement shall be to the extent the department or board is responsible for such costs under Sec. 10-76d(a)(2)(B), effective May 29, 1996; P.A. 98-168 amended Subsec. (b) to change one method for determining the financial responsibility of local and regional boards of education from “two and one-half times” the average to the average per pupil educational costs, effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b) by adding provisions re proportional reductions in grants for the fiscal years ending June 30, 2004, and June 30, 2005, and added Subsec. (f) requiring the provision of educational services to homeless children and youths by local and regional boards in accordance with the federal McKinney-Vento Homeless Assistance Act, effective August 20, 2003; P.A. 05-245 added language re placements by offices of a government of a federally recognized Native American tribe in Subsecs. (a), (b) and (d), and amended Subsec. (b) to extend the proportional reduction of grants through the fiscal year ending June 30, 2007, effective July 1, 2005; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (b) to add language extending proportional reduction of grants through fiscal years ending June 30, 2010, and June 30, 2011, effective October 5, 2009; P.A. 11-48 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 11-51 added Subsec. (g) re provision of educational services to children detained in juvenile detention facility and financial responsibility therefor, effective July 1, 2011; P.A. 13-247 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2015, effective July 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2017, effective July 1, 2015; P.A. 17-194 amended Subsec. (f) by adding provision re unaccompanied youth, effective July 1, 2017; June Sp. Sess. P.A. 17-2 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2019, effective October 31, 2017; P.A. 18-31 amended Subsec. (g) to make a technical change in Subdiv. (5), add new Subdiv. (6) re child enrolled in school district at time of placement in juvenile detention facility, add Subdiv. (7) re child not enrolled in school at time of placement in juvenile detention facility, add Subdiv. (8) re child discharged from juvenile detention facility and redesignated existing Subdiv. (6) as Subdiv. (9) and amend same by making a technical change, effective August 1, 2018, and added Subsec. (h) re designation of liaison to facilitate transitions between school district and juvenile and criminal justice systems, effective June 1, 2018; P.A. 19-117 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2021, effective July 1, 2019; P.A. 19-179 amended Subsec. (f) by adding provision re homeless child or youth denied school accommodations on basis of residency entitled to hearing conducted pursuant to Sec. 10-186, effective July 1, 2019.

Sec. 10-262i. Equalization aid grant payments. Expenditures for educational purposes only. Prohibition against supplanting local funding. Aid increase. Aid reduction. Equalization aid grant amount for the previous fiscal year. Penalty. (a) For the fiscal year ending June 30, 1990, and for each fiscal year thereafter, each town shall be paid a grant equal to the amount the town is entitled to receive under the provisions of section 10-262h. Such grant shall be calculated using the data of record as of the December first prior to the fiscal year such grant is to be paid, adjusted for the difference between the final entitlement for the prior fiscal year and the preliminary entitlement for such fiscal year as calculated using the data of record as of the December first prior to the fiscal year when such grant was paid.

(b) The amount due each town pursuant to the provisions of subsection (a) of this section shall be paid by the Comptroller, upon certification of the Commissioner of Education, to the treasurer of each town entitled to such aid in installments during the fiscal year as follows: Twenty-five per cent of the grant in October, twenty-five per cent of the grant in January and the balance of the grant in April. The balance of the grant due towns under the provisions of this subsection shall be paid in March rather than April to any town which has not adopted the uniform fiscal year and which would not otherwise receive such final payment within the fiscal year of such town.

(c) All aid distributed to a town pursuant to the provisions of this section and section 10-262u shall be expended for educational purposes only and shall be expended upon the authorization of the local or regional board of education and in accordance with the provisions of section 10-262u. For the fiscal year ending June 30, 1999, and each fiscal year thereafter, if a town receives an increase in funds pursuant to this section over the amount it received for the prior fiscal year, such increase shall not be used to supplant local funding for educational purposes. The budgeted appropriation for education in any town receiving an increase in funds pursuant to this section shall be not less than the amount appropriated for education for the prior year plus such increase in funds.

(d) (1) For the fiscal year ending June 30, 2020, (A) if the amount of the equalization aid grant a town is entitled to pursuant to section 10-262h is greater than such town's equalization aid grant amount for the prior fiscal year, the difference between the amount of such town's equalization aid grant for the fiscal year ending June 30, 2020, and such town's equalization aid grant amount for the prior fiscal year shall be the aid increase for such town for the fiscal year ending June 30, 2020, and (B) if the amount of the equalization aid grant a town is entitled to pursuant to section 10-262h is less than such town's equalization aid grant amount for the prior fiscal year, the difference between such town's equalization aid grant amount for the prior fiscal year and the amount of such town's equalization aid grant for the fiscal year ending June 30, 2020, shall be the aid reduction for such town for the fiscal year ending June 30, 2020.

(2) For the fiscal year ending June 30, 2021, (A) if the amount of the equalization aid grant a town is entitled to pursuant to section 10-262h is greater than such town's equalization aid grant amount for the prior fiscal year, the difference between the amount of such town's equalization aid grant for the fiscal year ending June 30, 2021, and such town's equalization aid grant amount for the prior fiscal year shall be the aid increase for such town for the fiscal year ending June 30, 2021, and (B) if the amount of the equalization aid grant a town is entitled to pursuant to section 10-262h is less than such town's equalization aid grant amount for the prior fiscal year, the difference between such town's equalization aid grant amount for the prior fiscal year and the amount of such town's equalization aid grant for the fiscal year ending June 30, 2021, shall be the aid reduction for such town for the fiscal year ending June 30, 2021.

(e) Upon a determination by the State Board of Education that a town or kindergarten to grade twelve, inclusive, regional school district failed in any fiscal year to meet the requirements pursuant to subsection (c) or (d) of this section or section 10-262j, the town or kindergarten to grade twelve, inclusive, regional school district shall forfeit an amount equal to two times the amount of the shortfall. The amount so forfeited shall be withheld by the Department of Education from the grant payable to the town in the second fiscal year immediately following such failure by deducting such amount from the town's equalization aid grant payment pursuant to this section, except that in the case of a kindergarten to grade twelve, inclusive, regional school district, the amount so forfeited shall be withheld by the Department of Education from the grants payable pursuant to this section to the towns which are members of such regional school district. The amounts deducted from such grants to each member town shall be proportional to the number of resident students in each member town. Notwithstanding the provisions of this subsection, the State Board of Education may waive such forfeiture upon agreement with the town or kindergarten to grade twelve, inclusive, regional school district that the town or kindergarten to grade twelve, inclusive, regional school district shall increase its budgeted appropriation for education during the fiscal year in which the forfeiture would occur by an amount not less than the amount of said forfeiture or for other good cause shown. Any additional funds budgeted pursuant to such an agreement shall not be included in a district's budgeted appropriation for education for the purpose of establishing any future minimum budget requirement.

(P.A. 88-358, S. 3, 9; P.A. 89-124, S. 5, 13; P.A. 98-168, S. 16, 26; P.A. 05-245, S. 31; P.A. 06-13, S. 6; June Sp. Sess. P.A. 07-3, S. 63; June Sp. Sess. P.A. 07-5, S. 52; P.A. 08-170, S. 1, 13; Sept. Sp. Sess. P.A. 09-6, S. 30; P.A. 10-151, S. 1; P.A. 11-28, S. 9; 11-48, S. 190; 11-234, S. 1; P.A. 12-116, S. 61, 62; June 12 Sp. Sess. P.A. 12-1, S. 288; June 12 Sp. Sess. P.A. 12-2, S. 27; P.A. 13-247, S. 154; P.A. 14-217, S. 113, 250; P.A. 15-99, S. 3; May Sp. Sess. P.A. 16-3, S. 124; June Sp. Sess. P.A. 17-2, S. 253, 584; P.A. 18-1, S. 3; P.A. 19-117, S. 272.)

History: P.A. 89-124 in Subsec. (b) provided that the balance be paid in March rather than April for towns which have not adopted the uniform fiscal year and which would not otherwise receive such payment within their fiscal year; P.A. 98-168 amended Subsec. (c) to add prohibition against using an increase to supplant local funding, effective July 1, 1998; P.A. 05-245 amended Subsec. (c) by adding language re appropriation not less than the amount for previous year plus increase in funds and added Subsec. (d) re penalty, effective July 1, 2005; P.A. 06-13 made a technical change in Subsec. (b), effective May 2, 2006; June Sp. Sess. P.A. 07-3 added new Subsec. (d) re minimum budget requirement, added Subsec. (e) re failure to make adequately yearly progress and deferral of increase in aid, redesignated existing Subsec. (d) as Subsec. (f) and added reference therein to Subsec. (d), effective July 1, 2007; June Sp. Sess. P.A. 07-5 amended Subsec. (e) to add language re notwithstanding any provision of the general statutes, charter, special act or home rule ordinance, effective October 6, 2007; P.A. 08-170 amended Subsec. (e) to add provisions re member towns of regional school districts for fiscal years ending June 30, 2008, and June 30, 2009, effective July 1, 2008, and further amended Subsec. (e) to redesignate existing provisions as new Subdivs. (1), (2) and (5), to provide in new Subdiv. (1) for exception to Subdivs. (2), (3) and (4), to redesignate Subdivs. (1)(A) to (1)(D) as Subdivs. (1)(A)(i) to (1)(A)(iv), to change percentage from 50 to 30 in Subdiv. (1)(A)(iii) and from 15 to 50 in Subdiv. (1)(A)(iv), to redesignate Subdivs. (2)(A) to (2)(D) as Subdivs. (1)(B)(i) to (1)(B)(iv), to change percentage from 50 to 30 in Subdiv. (1)(B)(iii) and from 15 to 50 in Subdiv. (1)(B)(iv), to redesignate Subdivs. (3)(A) to (3)(D) as Subdivs. (1)(C)(i) to (1)(C)(iv), to change percentage from 50 to 30 in Subdiv. (1)(C)(iii) and from 15 to 50 in Subdiv. (1)(C)(iv), to make provisions of new Subdiv. (2), re school districts in third year or more of being identified as in need of improvement, applicable for fiscal year ending June 30, 2009, to add new Subdiv. (3) re school districts in third year or more of being identified as in need of improvement for fiscal year ending June 30, 2010, to add new Subdiv. (4) re member towns of regional school districts and to delete from new Subdiv. (5) similar provisions re such towns for fiscal years ending June 30, 2008, and June 30, 2009, effective July 1, 2009; Sept. Sp. Sess. P.A. 09-6 added new Subsec. (d) re requirement for the budgeted appropriation for education for fiscal years 2010 and 2011, redesignated existing Subsecs. (d) to (f) as Subsecs. (e) to (g) and made conforming changes therein and amended redesignated Subsec. (g) by replacing references re expenditure with references to budgeted appropriation for education, effective October 5, 2009; P.A. 10-151 amended Subsec. (d) by adding exception re reduction of budgeted appropriation for education for fiscal year ending June 30, 2010, due to decrease in number of resident students in district during school year commencing July 1, 2009, effective June 8, 2010; P.A. 11-28 made technical changes in Subsec. (f), effective June 3, 2011; P.A. 11-48 repositioned former Subsec. (d) as Subsec. (e), redesignated existing Subsec. (e) as Subsec. (d), added new Subsec. (f) re requirement for the budgeted appropriation for education for fiscal years ending June 30, 2012, and June 30, 2013, redesignated existing Subsecs. (f) and (g) as Subsecs. (g) and (h) and made conforming changes, effective July 1, 2011; P.A. 11-234 amended Subsec. (f) by designating existing language as Subpara. (A) and adding Subpara. (B) re reduction in number of resident students in district that does not maintain a high school in Subdivs. (1) and (2), repositioning provisions re prohibition against reducing budgeted appropriation for education if school district failed to make adequate yearly progress in mathematics or reading or satisfied certain requirements of federal law in fiscal years 2012 or 2013 from Subdivs. (1) and (2) to new Subdiv. (4), adding definition re “poverty rate” in Subdiv. (4) and making conforming changes, effective July 1, 2011; P.A. 12-116 amended Subsec. (a) by adding provision re exclusion of amounts paid pursuant to Sec. 10-66ee(c)(1), (d)(1) and (l), amended Subsec. (b) by designating existing provisions as Subdiv. (1), adding Subdiv. (2) re amounts due to a town pursuant to Sec. 10-66ee(c)(1), (d)(1) and (l) to be paid by Comptroller to treasurer of each town and making a conforming change, amended Subsec. (f) by deleting proviso re reduction not to exceed one-half of one per cent of budgeted appropriation for education for fiscal year 2011 in Subdiv. (1), and adding “a town may reduce its budgeted appropriation for education for the fiscal year ending June 30, 2013, by one of the following:”, making conforming changes and adding Subpara. (C) re reduction of budgeted appropriation for new and documentable savings in Subdiv. (2), and amended Subsec. (g)(1) by adding “for the fiscal year ending June 30, 2008, to June 30, 2012, inclusive”, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (f) by adding Subdiv. (5) re minimum budget requirement for alliance districts and making conforming changes, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-2 amended Subsecs. (a) and (b)(2) by deleting references to “subsection (l)” of Sec. 10-66ee, effective July 1, 2012; P.A. 13-247 deleted former Subsecs. (d) to (g), added new Subsec. (d) re minimum budget requirement and exceptions for fiscal years 2014 and 2015, added new Subsec. (e) re calculation of aid increase and redesignated existing Subsec. (h) as Subsec. (f) and amended same to make a conforming change, effective July 1, 2013; P.A. 14-217 amended Subsec. (c) by adding references to Sec. 10-262u, effective June 13, 2014, and amended Subsec. (b) by adding Subdiv. (3) re amount due to Winchester for fiscal years ending June 30, 2015, and June 30, 2016, and making a conforming change, effective July 1, 2014; P.A. 15-99 deleted former Subsec. (d) re minimum budget requirement, redesignated existing Subsecs. (e) and (f) as Subsecs. (d) and (e) and made conforming changes, effective July 1, 2015; May Sp. Sess. P.A. 16-3 amended Subsec. (d) by deleting provision re aid increase for fiscal year ending June 30, 2014, and each fiscal year thereafter, and adding Subdivs. (1) and (2) re aid increase and aid reduction for fiscal year ending June 30, 2017, and amended Subsec. (e) by adding reference to Sec. 10-262j, effective July 1, 2016; June Sp. Sess. P.A. 17-2 amended Subsec. (a) by deleting provision re exclusion of amounts paid pursuant to Sec. 10-66ee(c)(1) and (d)(1), and amended Subsec. (b) by deleting Subdiv. (1) designator and former Subdivs. (2) and (3), and making a conforming change, amended Subsec. (d) by replacing former provisions re aid increase and aid reduction for fiscal year ending June 30, 2017, with provisions re aid increase and aid decrease for fiscal years ending June 30, 2018, and June 30, 2019, effective October 31, 2017 (Revisor's note: Subsec. (e) was omitted from the printed version of the 2018 Supplement and has been restored editorially by the Revisors.); P.A. 18-1 amended Subsec. (d)(2) by adding definition of “equalization aid grant amount for the previous fiscal year”, and making technical and conforming changes, effective April 26, 2018; P.A. 19-117 amended Subsec. (d)(1) by making provisions applicable to fiscal year 2020 and replacing references to base grant amount with references to town's equalization aid grant amount for the prior fiscal year, amended Subsec. (d)(2) by making provisions applicable to fiscal year 2021 and deleting definition of “equalization aid grant amount for the previous fiscal year”, and made technical and conforming changes, effective July 1, 2019.

Sec. 10-262j. Minimum budget requirement. (a) Except as otherwise provided under the provisions of subsections (c) to (g), inclusive, of this section, for the fiscal year ending June 30, 2020, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2019, plus any aid increase described in subsection (d) of section 10-262i, except that a town may reduce its budgeted appropriation for education for the fiscal year ending June 30, 2020, by one or more of the following:

(1) If a town experiences an aid reduction, as described in subsection (d) of section 10-262i, such town may reduce its budgeted appropriation for education in an amount equal to the aid reduction;

(2) If a district experiences a net reduction in its resident student count during a period that may include any of the five fiscal years immediately prior to the fiscal year for which the budgeted appropriation for education is calculated, such district may reduce its budgeted appropriation for education in an amount equal to the number of such net reduction multiplied by fifty per cent of the net current expenditures per resident student of such district, provided no district may use the resident student count for any fiscal year that was previously used to reduce its budgeted appropriation for education in any calculation of a net reduction of resident students for purposes of reducing its budgeted appropriation for education pursuant to this subdivision for any subsequent fiscal year;

(3) Any district (A) that does not maintain a high school and pays tuition to another school district pursuant to section 10-33 for resident students to attend high school in another district, and (B) in which the number of resident students attending high school for such district for October 1, 2018, using the data of record as of January 31, 2019, is lower than such district's number of resident students attending high school for October 1, 2017, using the data of record as of January 31, 2019, may reduce such district's budgeted appropriation for education by the difference in the number of resident students attending high school for such years multiplied by the amount of tuition paid per student pursuant to section 10-33; or

(4) Any district that realizes new and documentable savings through (A) increased district efficiencies approved by the Commissioner of Education, including, but not limited to, (i) reductions in costs associated with transportation services, school district administration or contracts that are not the result of collective bargaining or other labor agreements, (ii) an agreement to provide medical or health care benefits pursuant to section 7-464b, (iii) a cooperative agreement relating to the performance of administrative and central office functions, such as business manager functions, for the municipality and the school district pursuant to section 10-241b, (iv) reductions in costs associated with the purchasing or joint purchasing of property insurance, casualty insurance and workers' compensation insurance, following the consultation with the legislative body of the municipality of such district pursuant to section 10-241c, (v) reductions in costs associated with the purchasing of payroll processing or accounts payable software systems, following the consultation with the legislative body of the municipality of such district to determine whether such systems may be purchased or shared on a regional basis pursuant to section 10-241e, (vi) consolidation of information technology services, and (vii) reductions in costs associated with the care and maintenance of athletic fields, or (B) regional collaboration or cooperative arrangements pursuant to section 10-158a may reduce such district's budgeted appropriation for education in an amount equal to half of the amount of savings experienced as a result of such district efficiencies, regional collaboration or cooperative arrangement, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2019.

(b) Except as otherwise provided under the provisions of subsections (c) to (g), inclusive, of this section, for the fiscal year ending June 30, 2021, a town's budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2020, plus any aid increase received pursuant to subsection (d) of section 10-262i, except that a town may reduce its budgeted appropriation for education for the fiscal year ending June 30, 2021, by one or more of the following:

(1) If a town experiences an aid reduction, as described in subsection (d) of section 10-262i, such town may reduce its budgeted appropriation for education in an amount equal to the aid reduction;

(2) If a district experiences a net reduction in its resident student count during a period that may include any of the five fiscal years immediately prior to the fiscal year for which the budgeted appropriation for education is calculated, such district may reduce its budgeted appropriation for education in an amount equal to the number of such net reduction multiplied by fifty per cent of the net current expenditures per resident student of such district, provided no district may use the resident student count for any fiscal year that was previously used to reduce its budgeted appropriation for education in any calculation of a net reduction of resident students for purposes of reducing its budgeted appropriation for education pursuant to this subdivision for any subsequent fiscal year;

(3) Any district (A) that does not maintain a high school and pays tuition to another school district pursuant to section 10-33 for resident students to attend high school in another district, and (B) in which the number of resident students attending high school for such district for October 1, 2019, using the data of record as of January 31, 2020, is lower than such district's number of resident students attending high school for October 1, 2018, using the data of record as of January 31, 2020, may reduce such district's budgeted appropriation for education by the difference in the number of resident students attending high school for such years multiplied by the amount of tuition paid per student pursuant to section 10-33; or

(4) Any district that realizes new and documentable savings through (A) increased district efficiencies approved by the Commissioner of Education, including, but not limited to, (i) reductions in costs associated with transportation services, school district administration or contracts that are not the result of collective bargaining or other labor agreements, (ii) an agreement to provide medical or health care benefits pursuant to section 7-464b, (iii) a cooperative agreement relating to the performance of administrative and central office functions, such as business manager functions, for the municipality and the school district pursuant to section 10-241b, (iv) reductions in costs associated with the purchasing or joint purchasing of property insurance, casualty insurance and workers' compensation insurance, following the consultation with the legislative body of the municipality of such district pursuant to section 10-241c, (v) reductions in costs associated with the purchasing of payroll processing or accounts payable software systems, following the consultation with the legislative body of the municipality of such district to determine whether such systems may be purchased or shared on a regional basis pursuant to section 10-241e, (vi) consolidation of information technology services, and (vii) reductions in costs associated with the care and maintenance of athletic fields, or (B) regional collaboration or cooperative arrangements pursuant to section 10-158a, may reduce such district's budgeted appropriation for education in an amount equal to half of the amount of savings experienced as a result of such district efficiencies, regional collaboration or cooperative arrangement, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2020.

(c) For the fiscal years ending June 30, 2020, and June 30, 2021, the Commissioner of Education may permit a town to reduce its budgeted appropriation for education in an amount determined by the commissioner if the school district in such town has permanently ceased operations and closed one or more schools in the school district due to declining enrollment at such closed school or schools in the fiscal years ending June 30, 2013, to June 30, 2020, inclusive.

(d) For the fiscal years ending June 30, 2020, and June 30, 2021, a town designated as an alliance district, as defined in section 10-262u, shall not reduce its budgeted appropriation for education pursuant to this section.

(e) For the fiscal years ending June 30, 2020, and June 30, 2021, the provisions of this section shall not apply to any district that is in the top ten per cent of school districts based on the accountability index, as defined in section 10-223e.

(f) For the fiscal years ending June 30, 2020, and June 30, 2021, the provisions of this section shall not apply to the member towns of a regional school district during the first full fiscal year following the establishment of the regional school district, provided the budgeted appropriation for education for member towns of such regional school district for each subsequent fiscal year shall be determined in accordance with this section.

(g) For the fiscal years ending June 30, 2020, and June 30, 2021, any district that has (1) elected to act as a self-insurer, pursuant to section 10-236, (2) experienced a loss incurred as a result of one or more catastrophic events, as declared by a nationally recognized catastrophe loss index provider, during the prior fiscal year, and (3) increased its budgeted appropriation for education during said prior fiscal year as a result of such loss, shall not be required to include the amount of such increase in the calculation of such district's budgeted appropriation for education for the subsequent fiscal year.

(P.A. 88-358, S. 4, 9; P.A. 89-124, S. 6, 13; P.A. 92-262, S. 27, 42; P.A. 93-145, S. 2, 3, 6; P.A. 94-245, S. 35, 46; P.A. 95-226, S. 3, 4, 7, 30; P.A. 97-318, S. 4, 12; P.A. 99-217, S. 6, 8; P.A. 00-187, S. 14, 21, 75; P.A. 01-173, S. 62, 67; P.A. 03-76, S. 23; June 30 Sp. Sess. P.A. 03-6, S. 25; P.A. 05-245, S. 30; P.A. 06-135, S. 5; June Sp. Sess. P.A. 07-3, S. 64; P.A. 15-99, S. 1; 15-215, S. 19; June Sp. Sess. P.A. 15-5, S. 511; May Sp. Sess. P.A. 16-3, S. 125; June Sp. Sess. P.A. 17-2, S. 252; P.A. 18-1, S. 2; P.A. 19-117, S. 271.)

History: P.A. 89-124 in Subsec. (e) added forfeiture provisions and a minimum expenditure requirement for kindergarten to grade twelve, inclusive, regional school districts and added new Subsec. (g) re definition of “total need students” for purposes of the section; P.A. 92-262 amended Subsecs. (a), (c) and (f) to add fiscal year 1993, added Subsec. (b)(4), and amended Subsec. (d) to substitute 1994 for 1993; P.A. 93-145 added Subsec. (b)(5) re the amount of aid for the fiscal year ending June 30, 1994, and each fiscal year thereafter and amended Subsec. (d) to make the existing Subsec. Subdiv. (1), limited the applicability of said Subdiv. to the fiscal year ending June 30, 1994, added the “greater of the” existing requirement or the sum of the items described in Subparas. (A) and (B) and added the exception language, and added Subdiv. (2) concerning program expenditures for the fiscal year ending June 30, 1995, and for each fiscal year thereafter, effective July 1, 1993; P.A. 94-245 amended Subsec. (e) to add provision that any additional funds expended pursuant to an agreement between the State Board of Education and a kindergarten to grade twelve, inclusive, regional school district shall not be included in a district's expenditures for the purpose of establishing any future minimum expenditure requirement, effective June 2, 1994; P.A. 95-226 added Subsec. (b)(6) and (7) re the fiscal years ending June 30, 1996, and June 30, 1997, amended Subsec. (d) to limit Subdiv. (2) to the fiscal year ending June 30, 1995, and added Subdiv. (3) concerning the fiscal years ending June 30, 1996, and June 30, 1997, and added Subsec. (f)(2) re fiscal years ending June 30, 1996, and June 30, 1997, and made technical changes, effective July 1, 1995; P.A. 97-318 amended Subsecs. (b) and (d) to add provisions re the fiscal year ending June 30, 1998, and the fiscal year ending June 30, 1999, respectively, effective July 1, 1997; P.A. 99-217 added Subsec. (d)(6) and (7) re expenditures for the fiscal years ending June 30, 2000, and June 30, 2001, effective July 1, 1999; P.A. 00-187 added Subsec. (b)(10) re fiscal year ending June 30, 2000, and each fiscal year thereafter and amended Subsec. (d)(7)(C) to add the clause “if the resident student count for October 1999, is less than the resident student count for October 1998”, effective July 1, 2000; P.A. 01-173 added Subsec. (d)(8) and (9) re fiscal years ending June 30, 2002, and June 30, 2003, respectively, effective July 1, 2001; P.A. 03-76 made technical changes in Subsec. (e), effective June 3, 2003; June 30 Sp. Sess. P.A. 03-6 added Subsec. (d)(10) and (11) re fiscal years ending June 30, 2004, and June 30, 2005, effective August 20, 2003; P.A. 05-245 added Subsec. (d)(12) re minimum expenditure for the fiscal year ending June 30, 2006, effective July 1, 2005; P.A. 06-135 added Subsec. (d)(13) re minimum expenditure for the fiscal year ending June 30, 2007, effective July 1, 2006; June Sp. Sess. P.A. 07-3 deleted former Subsec. (e) re forfeitures, redesignated existing Subsecs. (f) and (g) as Subsecs. (e) and (f) and made technical changes, effective July 1, 2007; P.A. 15-99 replaced former provisions re minimum expenditure requirements with new Subsecs. (a) to (e) re minimum budget requirement, effective July 1, 2015; P.A. 15-215 added Subsec. (f) re provisions of section not applicable to member towns of a regional school district during first full fiscal year following establishment of regional school district, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (d) by adding “currently” and making provisions applicable to a town formerly designated as an alliance district, effective July 1, 2015; May Sp. Sess. P.A. 16-3 amended Subsec. (b) by adding new Subdiv. (1) re town reducing budgeted appropriation for education in amount equal to aid reduction and redesignating existing Subdivs. (1) to (4) as Subdivs. (2) to (5), and amended Subsec. (e) by replacing “district performance” with “accountability” and replacing reference to Sec. 10-262u with reference to Sec. 10-223e, effective July 1, 2016; June Sp. Sess. P.A. 17-2 replaced “2013” with “2015”, replaced “2014” with “2016”, replaced “2015” with “2017”, replaced “2016” with “2018” and replaced “2017” with “2019”, amended Subsec. (a) by adding new Subdiv. (1) re town reducing budgeted appropriation for education in amount equal to aid reduction, and redesignating existing Subdivs. (1) to (4) as Subdivs. (2) to (5), and amended Subsec. (d) by deleting “currently” and “or formerly designated as an alliance district”, effective October 31, 2017; P.A. 18-1 amended Subsec. (b) by adding provision re prior to reductions made by town because of withholdings or reductions made to its equalization aid grant and making technical changes, effective April 26, 2018; P.A. 19-117 replaced “2015” with “2017”, replaced “2016” with “2018”, replaced “2017” with “2019”, replaced “2018” with “2020” and replaced “2019” with “2021”, amended Subsecs. (a) and (b) by deleting former Subdivs. (2) and (3), adding new Subdiv. (2) re districts experiencing a net reduction in resident student count during period of any five prior fiscal years, redesignating existing Subdiv. (4) as new Subdiv. (3), redesignating existing Subdiv. (5) as new Subdiv. (4) and amending same to designate existing provision re increased district efficiencies as Subpara. (A) and add clauses (i) to (vii) and to designate existing provision re regional collaboration or cooperative arrangements as Subpara. (B), added Subsec. (g) re self-insured districts that experience loss as a result of catastrophic events not required to include amount in calculation of budgeted appropriation for education for subsequent fiscal year, and made technical and conforming changes throughout, effective July 1, 2019.

Sec. 10-264i. Transportation grants for interdistrict magnet school programs. (a)(1)(A) A local or regional board of education, (B) a regional educational service ­center, (C) the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and Three Rivers Community College, (D) a cooperative arrangement pursuant to section 10-158a, or (E) to assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, (i) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-­technical college, (ii) the Board of Trustees of the Connecticut State University System on behalf of a state university, (iii) the Board of Trustees for The University of Connecticut on behalf of the university, (iv) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, and (v) any other third-party not-for-profit corporation approved by the commissioner which transports a child to an interdistrict magnet school program, as defined in section 10-264l, in a town other than the town in which the child resides shall be eligible pursuant to section 10-264e to receive a grant for the cost of transporting such child in accordance with this section.

(2) Except as provided in subdivisions (3) and (4) of this subsection, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by one thousand three hundred dollars.

(3) For districts assisting the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, (A) for the fiscal year ending June 30, 2010, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by one thousand four hundred dollars, and (B) for the fiscal year ending June 30, 2011, and each fiscal year thereafter, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by two thousand dollars.

(4) In addition to the grants otherwise provided pursuant to this section, the Commissioner of Education may provide supplemental transportation grants to regional educational service centers for the purposes of transportation to interdistrict magnet schools. Any such grant shall be provided within available appropriations and after the commissioner has reviewed and approved the total interdistrict magnet school transportation budget for a regional educational service center, including all revenue and expenditure estimates. For the fiscal years ending June 30, 2013, to June 30, 2018, inclusive, in addition to the grants otherwise provided pursuant to this section, the Commissioner of Education may provide supplemental transportation to interdistrict magnet schools that assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner. Any such grant shall be provided within available appropriations and 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 the supplemental transportation grant. Any such grant shall be paid as follows: For the fiscal year ending June 30, 2013, up to fifty per cent of the grant on or before June 30, 2013, and the balance on or before September 1, 2013, upon completion of the comprehensive financial review; for the fiscal year ending June 30, 2014, up to fifty per cent of the grant on or before June 30, 2014, and the balance on or before September 1, 2014, upon completion of the comprehensive financial review; for the fiscal year ending June 30, 2015, up to fifty per cent of the grant on or before June 30, 2015, and the balance on or before September 1, 2015, upon completion of the comprehensive financial review; for the fiscal year ending June 30, 2016, up to fifty per cent of the grant on or before June 30, 2016, and the balance on or before September 1, 2016, upon completion of the comprehensive financial review; for the fiscal year ending June 30, 2017, up to seventy per cent of the grant on or before June 30, 2017, and the balance on or before May 30, 2018, upon completion of the comprehensive financial review; for the fiscal year ending June 30, 2018, up to seventy per cent of the grant on or before June 30, 2018, and the balance on or before September 1, 2018, upon completion of the comprehensive financial review; and for the fiscal year ending June 30, 2019, and each fiscal year thereafter, up to seventy per cent of the grant on or before June thirtieth of the fiscal year, and the balance on or before September first of the following fiscal year upon completion of the comprehensive financial review.

(5) The Department of Education shall provide such grants within available appropriations. Nothing in this subsection shall be construed to prevent a local or regional board of education, regional educational service center or cooperative arrangement from receiving reimbursement under section 10-266m for reasonable transportation expenses for which such board, service center or cooperative arrangement is not reimbursed pursuant to this section.

(b) Grants under this section shall be contingent on documented costs of providing such transportation. Eligible entities identified in subdivision (1) of subsection (a) of this section shall submit applications for grants under this section to the Commissioner of Education in such form and at such times as he prescribes. Grants pursuant to this section shall be paid as follows: In October one-half of the estimated eligible transportation costs and the balance of such costs in May.

(c) Each eligible entity identified in subdivision (1) of subsection (a) of this section participating in the grant program shall prepare a financial statement of expenditures which shall be submitted to the Department of Education on or before September first of the fiscal year immediately following each fiscal year in which the school district, regional educational service center or cooperative arrangement participates in the grant program. Based on such statement, any underpayment or overpayment may be calculated and adjusted by the Department of Education in the grant for any subsequent year.

(P.A. 93-263, S. 10, 14; P.A. 95-226, S. 23, 30; P.A. 98-168, S. 21, 26; 98-252, S. 21, 80; 98-259, S. 3, 17; P.A. 03-76, S. 24; P.A. 04-213, S. 21; P.A. 06-135, S. 12; P.A. 08-170, S. 8; Sept. Sp. Sess. P.A. 09-6, S. 25; P.A. 10-151, S. 3; 10-179, S. 58; P.A. 11-28, S. 10; 11-48, S. 196, 210; P.A. 12-120, S. 24; June 12 Sp. Sess. P.A. 12-1, S. 282; P.A. 13-31, S. 25; 13-247, S. 169; P.A. 14-65, S. 5; 14-217, S. 92; June Sp. Sess. P.A. 15-5, S. 310, 311; P.A. 16-163, S. 22; May Sp. Sess. P.A. 16-3, S. 86; P.A. 17-14, S. 11; P.A. 18-51, S. 3; 18-139, S. 8; P.A. 19-117, S. 261.)

History: P.A. 93-263 effective June 28, 1993; P.A. 95-226 amended Subsec. (a) to apply provisions to regional educational service centers, to add reference to Sec. 10-264l, to specify that the funding for the grants be from the amount appropriated pursuant to Sec. 10-74d, to set a 5% limit, to add clarification concerning reimbursement under Sec. 10-266m and to make technical changes, effective July 1, 1995; P.A. 98-168 amended Subsec. (a) to set the cap for the grant, to delete provision for grants to be paid from the amount appropriated pursuant to Sec. 10-74d and to substitute provision for payment within available appropriations, and added new Subsec. (d) re retention of up to 1% by Department of Education, effective July 1, 1998; P.A. 98-252 and 98-259 both made cooperative arrangements eligible for grants and made identical technical changes, effective July 1, 1998; P.A. 03-76 made a technical change in Subsec. (c), effective June 3, 2003; P.A. 04-213 amended Subsec. (a) by allowing the Board of Trustees of the Community-Technical Colleges on behalf of Manchester Community College to be eligible for grants and by making a technical change, effective June 3, 2004; P.A. 06-135 amended Subsec. (a) by increasing grant from $1,200 to $1,300, effective July 1, 2006; P.A. 08-170 amended Subsec. (a) to add Subdiv. designators (1) to (4), substitute Quinebaug Valley Community College for Manchester Community College and add Subdiv. (5) re stipulation re Sheff v. O'Neill and deleted Subsec. (d) re administrative set-aside, effective July 1, 2008; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (a) by dividing existing provisions into new Subdivs. (1), (2) and (5), redesignating existing Subdivs. (1) to (5) as Subparas. (A) to (E) and existing Subparas. (A) to (E) as clauses (i) to (v), adding language in redesignated Subdiv. (2) re exception, adding new Subdiv. (3) re transportation grants for fiscal years 2010 and 2011 and adding new Subdiv. (4) re supplemental transportation grants, and amended Subsecs. (b) and (c) by replacing provision re enumerated entities with provision re eligible entities identified in Subsec. (a)(1), effective October 5, 2009; P.A. 10-151 amended Subsec. (a)(4) by replacing “year” with “years” and adding “and June 30, 2010,”, effective June 8, 2010; P.A. 10-179 amended Subsec. (a)(4) by providing supplemental transportation grants to Hartford school district and Capitol Region Education Council for fiscal year ending June 30, 2010, effective May 7, 2010; P.A. 11-28 made a technical change in Subsec. (a)(4) effective June 3, 2011; P.A. 11-48 amended Subsec. (a)(3) by extending calculation of maximum grant amount by number of children transported times $2,000 dollars through fiscal year ending June 30, 2013, effective July 1, 2011, and amended Subsec. (a)(4) by adding provisions re supplemental transportation grants for the fiscal year ending June 30, 2011, effective June 13, 2011; P.A. 12-120 amended Subsec. (a)(1)(C) by adding “and Three Rivers Community College”, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a)(4) by replacing “2011” with “2012” re provision of supplemental grants, adding provision re independent financial review to be conducted by an auditor selected by commissioner and replacing “seventy-five” with “fifty” and “2011” with “2012” re payment of grant, effective July 1, 2012; P.A. 13-31 made technical changes in Subsec. (a)(1), effective May 28, 2013; P.A. 13-247 amended Subsec. (a) by replacing “2013” with “2015” in Subdiv. (3) and by replacing “For the fiscal years ending June 30, 2009, and June 30, 2010, in” with “In” and adding provisions re supplemental transportation grants for the fiscal year ending June 30, 2013, and comprehensive financial review in Subdiv. (4), effective June 19, 2013; P.A. 14-65 made technical changes in Subsec. (a)(1), effective July 1, 2014; P.A. 14-217 amended Subsec. (a)(1), (3) and (4) by adding “as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.,” and amended Subsec. (a)(4) by making existing provision re supplemental transportation for fiscal year ending June 30, 2013, applicable through fiscal year ending June 30, 2015, making existing provision re grant payment applicable to fiscal year ending June 30, 2013, and adding provision re grant payments applicable to fiscal years ending June 30, 2014, and June 30, 2015, effective July 1, 2014; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by adding “as extended” in Subdivs. (1)(E) and (3) and extending applicability to fiscal year ending June 30, 2017, in Subdiv. (3)(ii), effective July 1, 2015; P.A. 16-163 amended Subsec. (a)(3) by redesignating clauses (i) and (ii) as Subparas. (A) and (B), effective June 9, 2016; May Sp. Sess. P.A. 16-3 amended Subsec. (a)(4) by deleting provisions re supplemental transportation grants for fiscal years ending June 30, 2010, and June 30, 2012, making existing provision re supplemental transportation for fiscal years ending June 30, 2013, to June 30, 2015, applicable through fiscal year ending June 30, 2016, adding “as extended” in provision re 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., and adding provision re grant payment for fiscal year ending June 30, 2016, effective June 2, 2016; P.A. 17-14 amended Subsec. (a)(4) by replacing “June 30, 2016” with “June 30, 2017” re supplemental transportation, and adding provision re grant payment for fiscal year ending June 30, 2017, effective May 31, 2017; P.A. 18-51 amended Subsec. (a) by replacing “the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended” with “its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect”, amended Subsec. (a)(3)(B) by replacing “2017” with “2019”, and amended Subsec. (a)(4) by replacing “2017” with “2018”, adding provision re grant payment for fiscal year ending June 30, 2018, and making technical changes, effective July 1, 2018; P.A. 18-139 made a technical change in Subsec. (a)(4), effective June 11, 2018; P.A. 19-117 amended Subsec. (a)(3)(B) by replacing “fiscal years ending June 30, 2011, to June 30, 2019, inclusive” with “fiscal year ending June 30, 2011, and each fiscal year thereafter”, and amended Subsec. (a)(4) by adding provision re grant payment for fiscal year ending June 30, 2019, and each fiscal year thereafter, effective July 1, 2019.

Sec. 10-264l. Grants for the operation of interdistrict magnet school programs. Transportation. Enrollment of students; notice. Special education; Section 504 plans. Financial audits. Tuition. (a) The Department of Education shall, within available appropriations, establish a grant program (1) to assist (A) local and regional boards of education, (B) regional educational service centers, (C) the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and Three Rivers Community College, and (D) cooperative arrangements pursuant to section 10-158a, and (2) in assisting the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, to assist (A) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (B) the Board of Trustees of the Connecticut State University System on behalf of a state university, (C) the Board of Trustees of The University of Connecticut on behalf of the university, (D) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, and (E) any other third-party not-for-profit corporation approved by the commissioner with the operation of interdistrict magnet school programs. All interdistrict magnet schools shall be operated in conformance with the same laws and regulations applicable to public schools. For the purposes of this section “an interdistrict magnet school program” means a program which (i) supports racial, ethnic and economic diversity, (ii) offers a special and high quality curriculum, and (iii) requires students who are enrolled to attend at least half-time. An interdistrict magnet school program does not include a regional agricultural science and technology school, a technical education and career school or a regional special education center. For the school years commencing July 1, 2017, to July 1, 2020, inclusive, the governing authority for each interdistrict magnet school program shall (I) restrict the number of students that may enroll in the school from a participating district to seventy-five per cent of the total school enrollment, and (II) maintain a total school enrollment that is in accordance with the reduced-isolation setting standards for interdistrict magnet school programs, developed by the Commissioner of Education pursuant to section 10-264r.

(b) (1) Applications for interdistrict magnet school program operating grants awarded pursuant to this section shall be submitted annually to the Commissioner of Education at such time and in such manner as the commissioner prescribes, except that on and after July 1, 2009, applications for such operating grants for new interdistrict magnet schools, other than those that the commissioner determines will assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, shall not be accepted until the commissioner develops a comprehensive state-wide interdistrict magnet school plan. The commissioner shall submit such comprehensive state-wide interdistrict magnet school plan on or before October 1, 2016, to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations.

(2) In determining whether an application shall be approved and funds awarded pursuant to this section, the commissioner shall consider, but such consideration shall not be limited to: (A) Whether the program offered by the school is likely to increase student achievement; (B) whether the program is likely to reduce racial, ethnic and economic isolation; (C) the percentage of the student enrollment in the program from each participating district; and (D) the proposed operating budget and the sources of funding for the interdistrict magnet school. For a magnet school not operated by a local or regional board of education, the commissioner shall only approve a proposed operating budget that, on a per pupil basis, does not exceed the maximum allowable threshold established in accordance with this subdivision. The maximum allowable threshold shall be an amount equal to one hundred twenty per cent of the state average of the quotient obtained by dividing net current expenditures, as defined in section 10-261, by average daily membership, as defined in said section, for the fiscal year two years prior to the fiscal year for which the operating grant is requested. The Department of Education shall establish the maximum allowable threshold no later than December fifteenth of the fiscal year prior to the fiscal year for which the operating grant is requested. If requested by an applicant that is not a local or regional board of education, the commissioner may approve a proposed operating budget that exceeds the maximum allowable threshold if the commissioner determines that there are extraordinary programmatic needs. For the fiscal years ending June 30, 2017, June 30, 2018, June 30, 2020, and June 30, 2021, in the case of an interdistrict magnet school that will assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, the commissioner shall also consider whether the school is meeting the reduced-isolation setting standards for interdistrict magnet school programs, developed by the commissioner pursuant to section 10-264r. If such school has not met such reduced-isolation setting standards, it shall not be entitled to receive a grant pursuant to this section unless the commissioner finds that it is appropriate to award a grant for an additional year or years and approves a plan to bring such school into compliance with such reduced-isolation setting standards. If requested by the commissioner, the applicant shall meet with the commissioner or the commissioner's designee to discuss the budget and sources of funding.

(3) For the fiscal years ending June 30, 2018, to June 30, 2021, inclusive, the commissioner shall not award a grant to an interdistrict magnet school program that (A) has more than seventy-five per cent of the total school enrollment from one school district, or (B) does not maintain a total school enrollment that is in accordance with the reduced-isolation setting standards for interdistrict magnet school programs, developed by the Commissioner of Education pursuant to section 10-264r, except the commissioner may award a grant to such school for an additional year or years if the commissioner finds it is appropriate to do so and approves a plan to bring such school into compliance with such reduced-isolation setting standards.

(4) For the fiscal years ending June 30, 2018, to June 30, 2021, inclusive, if an interdistrict magnet school program does not maintain a total school enrollment that is in accordance with the reduced-isolation setting standards for interdistrict magnet school programs, developed by the commissioner pursuant to section 10-264r, for two or more consecutive years, the commissioner may impose a financial penalty on the operator of such interdistrict magnet school program, or take any other measure, in consultation with such operator, as may be appropriate to assist such operator in complying with such reduced-­isolation setting standards.

(c) (1) The maximum amount each interdistrict magnet school program, except those described in subparagraphs (A) to (G), inclusive, of subdivision (3) of this subsection, shall be eligible to receive per enrolled student who is not a resident of the town operating the magnet school shall be (A) six thousand sixteen dollars for the fiscal year ending June 30, 2008, (B) six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2009, to June 30, 2012, inclusive, (C) seven thousand eighty-five dollars for the fiscal years ending June 30, 2013, to June 30, 2019, inclusive, and (D) seven thousand two hundred twenty-seven dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter. The per pupil grant for each enrolled student who is a resident of the town operating the magnet school program shall be (i) three thousand dollars for the fiscal years ending June 30, 2008, to June 30, 2019, inclusive, and (ii) three thousand sixty dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter.

(2) For the fiscal year ending June 30, 2003, and each fiscal year thereafter, the commissioner may, within available appropriations, provide supplemental grants for the purposes of enhancing educational programs in such interdistrict magnet schools, as the commissioner determines. Such grants shall be made after the commissioner has conducted a comprehensive financial review and approved the total operating budget for such schools, including all revenue and expenditure estimates.

(3) (A) Except as otherwise provided in subparagraphs (C) to (G), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls less than fifty-five per cent of the school's students from a single town shall receive a per pupil grant in the amount of (i) six thousand two hundred fifty dollars for the fiscal year ending June 30, 2006, (ii) six thousand five hundred dollars for the fiscal year ending June 30, 2007, (iii) seven thousand sixty dollars for the fiscal year ending June 30, 2008, (iv) seven thousand six hundred twenty dollars for the fiscal years ending June 30, 2009, to June 30, 2012, inclusive, (v) seven thousand nine hundred dollars for the fiscal years ending June 30, 2013, to June 30, 2019, inclusive, and (vi) eight thousand fifty-eight dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter.

(B) Except as otherwise provided in subparagraphs (C) to (G), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls at least fifty-five per cent of the school's students from a single town shall receive a per pupil grant for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent of the school's students in the amount of (i) six thousand sixteen dollars for the fiscal year ending June 30, 2008, (ii) six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2009, to June 30, 2012, inclusive, (iii) seven thousand eighty-five dollars for the fiscal years ending June 30, 2013, to June 30, 2019, inclusive, and (iv) seven thousand two hundred twenty-seven dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter. The per pupil grant for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent of the school's students shall be three thousand sixty dollars.

(C) (i) For the fiscal years ending June 30, 2015, to June 30, 2019, inclusive, each interdistrict magnet school operated by a regional educational service center that began operations for the school year commencing July 1, 2001, and that for the school year commencing July 1, 2008, enrolled at least fifty-five per cent, but no more than eighty per cent of the school's students from a single town, shall receive a per pupil grant (I) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school's students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand one hundred eighty dollars, (II) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school's students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of three thousand dollars, (III) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school's students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand one hundred eighty dollars, and (IV) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school's students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of seven thousand eighty-five dollars.

(ii) For the fiscal year ending June 30, 2020, and each fiscal year thereafter, each interdistrict magnet school operated by a regional educational service center that began operations for the school year commencing July 1, 2001, and that for the school year commencing July 1, 2008, enrolled at least fifty-five per cent, but not more than eighty per cent of the school's students from a single town, shall receive a per pupil grant (I) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school's students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand three hundred forty-four dollars, (II) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school's students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of three thousand sixty dollars, (III) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school's students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand three hundred forty-four dollars, and (IV) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school's students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of seven thousand two hundred twenty-seven dollars.

(D) (i) Except as otherwise provided in subparagraph (D)(ii) of this subdivision, each interdistrict magnet school operated by (I) a regional educational service center, (II) the Board of Trustees of the Community-Technical Colleges on behalf of a regional ­community-technical college, (III) the Board of Trustees of the Connecticut State University System on behalf of a state university, (IV) the Board of Trustees for The University of Connecticut on behalf of the university, (V) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, except as otherwise provided in subparagraph (E) of this subdivision, (VI) cooperative arrangements pursuant to section 10-158a, (VII) any other third-party not-for-profit corporation approved by the commissioner, and (VIII) the Hartford school district for the operation of Great Path Academy on behalf of Manchester Community College, that enrolls less than sixty per cent of its students from Hartford shall receive a per pupil grant in the amount of nine thousand six hundred ninety-five dollars for the fiscal year ending June 30, 2010, ten thousand four hundred forty-three dollars for the fiscal years ending June 30, 2011, to June 30, 2019, inclusive, and ten thousand six hundred fifty-two dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter.

(ii) For the fiscal years ending June 30, 2016, to June 30, 2019, inclusive, any interdistrict magnet school described in subparagraph (D)(i) of this subdivision that enrolls less than fifty per cent of its incoming students from Hartford shall receive a per pupil grant in the amount of seven thousand nine hundred dollars for one-half of the total number of non-Hartford students enrolled in the school over fifty per cent of the total school enrollment and shall receive a per pupil grant in the amount of ten thousand four hundred ­forty-three dollars for the remainder of the total school enrollment. For the fiscal year ending June 30, 2020, and each fiscal year thereafter, any interdistrict magnet school described in subparagraph (D)(i) of this subdivision that enrolls less than fifty per cent of its incoming students from Hartford shall receive a per pupil grant in the amount of eight thousand fifty-eight dollars for one-half of the total number of non-Hartford students enrolled in the school over fifty per cent of the total school enrollment and shall receive a per pupil grant in the amount of ten thousand six hundred fifty-two dollars for the remainder of the total school enrollment.

(E) For the fiscal year ending June 30, 2015, and each fiscal year thereafter, each interdistrict magnet school operated by the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, that (i) began operations for the school year commencing July 1, 2014, (ii) enrolls less than sixty per cent of its students from Hartford pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, and (iii) enrolls students at least half-time, shall be eligible to receive a per pupil grant (I) equal to sixty-five per cent of the grant amount determined pursuant to subparagraph (D) of this subdivision for each student who is enrolled at such school for at least two semesters in each school year, and (II) equal to thirty-two and one-half per cent of the grant amount determined pursuant to subparagraph (D) of this subdivision for each student who is enrolled at such school for one semester in each school year.

(F) Each interdistrict magnet school operated by a local or regional board of education, pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, shall receive a per pupil grant for each enrolled student who is not a resident of the district in the amount of (i) twelve thousand dollars for the fiscal year ending June 30, 2010, (ii) thirteen thousand fifty-four dollars for the fiscal years ending June 30, 2011, to June 30, 2019, inclusive, and (iii) thirteen thousand three hundred fifteen dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter.

(G) In addition to the grants described in subparagraph (E) of this subdivision, for the fiscal year ending June 30, 2010, the commissioner may, subject to the approval of the Secretary of the Office of Policy and Management and the Finance Advisory Committee, established pursuant to section 4-93, provide supplemental grants to the Hartford school district of up to one thousand fifty-four dollars for each student enrolled at an interdistrict magnet school operated by the Hartford school district who is not a resident of such district.

(H) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, the half-day Greater Hartford Academy of the Arts interdistrict magnet school operated by the Capital Region Education Council shall be eligible to receive a per pupil grant equal to sixty-five per cent of the per pupil grant specified in subparagraph (A) of this subdivision.

(I) For the fiscal years ending June 30, 2016, to June 30, 2018, inclusive, the half-day Greater Hartford Academy of Mathematics and Science interdistrict magnet school operated by the Capitol Region Education Council shall be eligible to receive a per pupil grant equal to six thousand seven hundred eighty-seven dollars for (i) students enrolled in grades ten to twelve, inclusive, for the fiscal year ending June 30, 2016, (ii) students enrolled in grades eleven and twelve for the fiscal year ending June 30, 2017, and (iii) students enrolled in grade twelve for the fiscal year ending June 30, 2018. For the fiscal year ending June 30, 2016, and each fiscal year thereafter, the half-day Greater Hartford Academy of Mathematics and Science interdistrict magnet school shall not be eligible for any additional grants pursuant to subsection (c) of this section.

(4) For the fiscal years ending June 30, 2015, and June 30, 2016, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013. Approval of funding for enrollment above such enrollment level shall be prioritized by the department as follows: (A) Increases in enrollment in an interdistrict magnet school program that is adding planned new grade levels for the school years commencing July 1, 2015, and July 1, 2016; (B) increases in enrollment in an interdistrict magnet school program that added planned new grade levels for the school year commencing July 1, 2014, and was funded during the fiscal year ending June 30, 2015; (C) increases in enrollment in an interdistrict magnet school program that is moving into a permanent facility for the school years commencing July 1, 2014, to July 1, 2016, inclusive; (D) increases in enrollment in an interdistrict magnet school program to ensure compliance with subsection (a) of this section; and (E) new enrollments for a new interdistrict magnet school program commencing operations on or after July 1, 2014, pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(5) For the fiscal year ending June 30, 2017, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, or October 1, 2015, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department as follows: (A) Increases in enrollment in an interdistrict magnet school program that is adding planned new grade levels for the school years commencing July 1, 2015, and July 1, 2016; (B) increases in enrollment in an interdistrict magnet school program that added planned new grade levels for the school year commencing July 1, 2014, and was funded during the fiscal year ending June 30, 2015; (C) increases in enrollment in an interdistrict magnet school program that added planned new grade levels for the school year commencing July 1, 2015, and was funded during the fiscal year ending June 30, 2016; and (D) increases in enrollment in an interdistrict magnet school program to ensure compliance with subsection (a) of this section. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(6) For the fiscal year ending June 30, 2018, and within available appropriations, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, October 1, 2015, or October 1, 2016, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department and subject to the commissioner's approval, including increases in enrollment in an interdistrict magnet school program as a result of planned and approved new grade levels. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(7) For the fiscal year ending June 30, 2019, and within available appropriations, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, October 1, 2015, October 1, 2016, or October 1, 2017, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department and subject to the commissioner's approval, including increases in enrollment in an interdistrict magnet school program as a result of planned and approved new grade levels. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(8) For the fiscal year ending June 30, 2020, and within available appropriations, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, October 1, 2015, October 1, 2016, October 1, 2017, or October 1, 2018, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department and subject to the commissioner's approval, including increases in enrollment in an interdistrict magnet school program as a result of planned and approved new grade levels. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(9) For the fiscal year ending June 30, 2021, and within available appropriations, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, October 1, 2015, October 1, 2016, October 1, 2017, October 1, 2018, or October 1, 2019, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department and subject to the commissioner's approval, including increases in enrollment in an interdistrict magnet school program as a result of planned and approved new grade levels. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(10) Within available appropriations, the commissioner may make grants to the following entities that operate an interdistrict magnet school that assists the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner and that provide academic support programs and summer school educational programs approved by the commissioner to students participating in such interdistrict magnet school program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional ­community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, (G) cooperative arrangements pursuant to section 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.

(11) Within available appropriations, the Commissioner of Education may make grants, in an amount not to exceed seventy-five thousand dollars, for start-up costs associated with the development of new interdistrict magnet school programs that assist the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, to the following entities that develop such a program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, (G) cooperative arrangements pursuant to section 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.

(12) The amounts of the grants determined pursuant to this subsection shall be proportionately adjusted, if necessary, within available appropriations, and in no case shall the total grant paid to an interdistrict magnet school operator pursuant to this section exceed the aggregate total of the reasonable operating budgets of the interdistrict magnet school programs of such operator, less revenues from other sources.

(d) (1) Grants made pursuant to this section, except those made pursuant to subdivision (7) of subsection (c) of this section and subdivision (2) of this subsection, shall be paid as follows: Seventy per cent not later than September first and the balance not later than May first of each fiscal year. The May first payment shall be adjusted to reflect actual interdistrict magnet school program enrollment as of the preceding October first using the data of record as of the intervening January thirty-first, if the actual level of enrollment is lower than the projected enrollment stated in the approved grant application. The May first payment shall be further adjusted for the difference between the total grant received by the magnet school operator in the prior fiscal year and the revised total grant amount calculated for the prior fiscal year in cases where the aggregate financial audit submitted by the interdistrict magnet school operator pursuant to subdivision (1) of subsection (n) of this section indicates an overpayment by the department. Notwithstanding the provisions of this section to the contrary, grants made pursuant to this section may be paid to each interdistrict magnet school operator as an aggregate total of the amount that the interdistrict magnet schools operated by each such operator are eligible to receive under this section. Each interdistrict magnet school operator may distribute such aggregate grant among the interdistrict magnet school programs that such operator is operating pursuant to a distribution plan approved by the Commissioner of Education.

(2) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, grants made pursuant to subparagraph (E) of subdivision (3) of subsection (c) of this section shall be paid as follows: Fifty per cent of the amount not later than September first based on estimated student enrollment for the first semester on September first, and another fifty per cent not later than May first of each fiscal year based on actual student enrollment for the second semester on February first. The May first payment shall be adjusted to reflect actual interdistrict magnet school program enrollment for those students who have been enrolled at such school for at least two semesters of the school year, using the data of record, and actual student enrollment for those students who have been enrolled at such school for only one semester, using data of record. The May first payment shall be further adjusted for the difference between the total grant received by the magnet school operator in the prior fiscal year and the revised total grant amount calculated for the prior fiscal year where the financial audit submitted by the interdistrict magnet school operator pursuant to subdivision (1) of subsection (n) of this section indicates an overpayment by the department.

(e) The Department of Education may retain up to one-half of one per cent of the amount appropriated, in an amount not to exceed five hundred thousand dollars, for purposes of this section for program evaluation and administration.

(f) Each local or regional school district in which an interdistrict magnet school is located shall provide the same kind of transportation to its children enrolled in such interdistrict magnet school as it provides to its children enrolled in other public schools in such local or regional school district. The parent or guardian of a child denied the transportation services required to be provided pursuant to this subsection may appeal such denial in the manner provided in sections 10-186 and 10-187.

(g) On or before October fifteenth of each year, the Commissioner of Education shall determine if interdistrict magnet school enrollment is below the number of students for which funds were appropriated. If the commissioner determines that the enrollment is below such number, the additional funds shall not lapse but shall be used by the commissioner for grants for interdistrict cooperative programs pursuant to section 10-74d.

(h) (1) In the case of a student identified as requiring special education, the school district in which the student resides shall: (A) Hold the planning and placement team meeting for such student and shall invite representatives from the interdistrict magnet school to participate in such meeting; and (B) pay the interdistrict magnet school an amount equal to the difference between the reasonable cost of educating such student and the sum of the amount received by the interdistrict magnet school for such student pursuant to subsection (c) of this section and amounts received from other state, federal, local or private sources calculated on a per pupil basis. Such school district shall be eligible for reimbursement pursuant to section 10-76g. If a student requiring special education attends an interdistrict magnet school on a full-time basis, such interdistrict magnet school shall be responsible for ensuring that such student receives the services mandated by the student's individualized education program whether such services are provided by the interdistrict magnet school or by the school district in which the student resides.

(2) In the case of a student with a plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, the school district in which the student resides shall pay the interdistrict magnet school an amount equal to the difference between the reasonable cost of educating such student and the sum of the amount received by the interdistrict magnet school for such student pursuant to subsection (c) of this section and amounts received from other state, federal, local or private sources calculated on a per pupil basis. If a student with a plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, attends an interdistrict magnet school on a full-time basis, such interdistrict magnet school shall be responsible for ensuring that such student receives the services mandated by the student's plan, whether such services are provided by the interdistrict magnet school or by the school district in which the student resides.

(i) Nothing in this section shall be construed to prohibit the enrollment of nonpublic school students in an interdistrict magnet school program that operates less than full-time, provided (1) such students constitute no more than five per cent of the full-time equivalent enrollment in such magnet school program, and (2) such students are not counted for purposes of determining the amount of grants pursuant to this section and section 10-264i.

(j) After accommodating students from participating districts in accordance with an approved enrollment agreement, an interdistrict magnet school operator that has unused student capacity may enroll directly into its program any interested student. A student from a district that is not participating in an interdistrict magnet school or the interdistrict student attendance program pursuant to section 10-266aa to an extent determined by the Commissioner of Education shall be given preference. The local or regional board of education otherwise responsible for educating such student shall contribute funds to support the operation of the interdistrict magnet school in an amount equal to the per student tuition, if any, charged to participating districts.

(k) (1) For the fiscal year ending June 30, 2014, and each fiscal year thereafter, any tuition charged to a local or regional board of education by a regional educational service center operating an interdistrict magnet school or any tuition charged by the Hartford school district operating the Great Path Academy on behalf of Manchester Community College for any student enrolled in kindergarten to grade twelve, inclusive, in such interdistrict magnet school shall be in an amount equal to the difference between (A) the average per pupil expenditure of the magnet school for the prior fiscal year, and (B) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. If any such board of education fails to pay such tuition, the commissioner may withhold from such board's town or towns a sum payable under section 10-262i in an amount not to exceed the amount of the unpaid tuition to the magnet school and pay such money to the fiscal agent for the magnet school as a supplementary grant for the operation of the interdistrict magnet school program. In no case shall the sum of such tuitions exceed the difference between (i) the total expenditures of the magnet school for the prior fiscal year, and (ii) the total per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources. The commissioner may conduct a comprehensive financial review of the operating budget of a magnet school to verify such tuition rate.

(2) (A) For the fiscal years ending June 30, 2013, and June 30, 2014, a regional educational service center operating an interdistrict magnet school offering a preschool program that is not located in the Sheff region may charge tuition to the Department of Education for a child enrolled in such preschool program in an amount not to exceed an amount equal to the difference between (i) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (ii) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate. For purposes of this subdivision, “Sheff region” means 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.

(B) For the fiscal year ending June 30, 2015, a regional educational service center operating an interdistrict magnet school offering a preschool program that is not located in the Sheff region may charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount that is in accordance with the sliding tuition scale adopted by the State Board of Education pursuant to section 10-264p. The Department of Education shall be financially responsible for any unpaid portion of the tuition not charged to such parent or guardian under such sliding tuition scale. Such tuition shall not exceed an amount equal to the difference between (i) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (ii) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.

(C) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, a regional educational service center operating an interdistrict magnet school offering a preschool program that is not located in the Sheff region shall charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount up to four thousand fifty-three dollars, except such regional educational service center shall not charge tuition to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The Department of Education shall, within available appropriations, be financially responsible for any unpaid tuition charged to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.

(l) A participating district shall provide opportunities for its students to attend an interdistrict magnet school in a number that is at least equal to the number specified in any written agreement with an interdistrict magnet school operator or in a number that is at least equal to the average number of students that the participating district enrolled in such magnet school during the previous three school years.

(m) (1) On or before May 15, 2010, and annually thereafter, each interdistrict magnet school operator shall provide written notification to any school district that is otherwise responsible for educating a student who resides in such school district and will be enrolled in an interdistrict magnet school under the operator's control for the following school year. Such notification shall include (A) the number of any such students, by grade, who will be enrolled in an interdistrict magnet school under the control of such operator, (B) the name of the school in which such student has been placed, and (C) the amount of tuition to be charged to the local or regional board of education for such student. Such notification shall represent an estimate of the number of students expected to attend such interdistrict magnet schools in the following school year, but shall not be deemed to limit the number of students who may enroll in such interdistrict magnet schools for such year.

(2) For the school year commencing July 1, 2015, and each school year thereafter, any interdistrict magnet school operator that is a local or regional board of education and did not charge tuition to a local or regional board of education for the school year commencing July 1, 2014, may not charge tuition to such board unless (A) such operator receives authorization from the Commissioner of Education to charge the proposed tuition, and (B) if such authorization is granted, such operator provides written notification on or before September first of the school year prior to the school year in which such tuition is to be charged to such board of the tuition to be charged to such board for each student that such board is otherwise responsible for educating and is enrolled at the interdistrict magnet school under such operator's control. In deciding whether to authorize an interdistrict magnet school operator to charge tuition under this subdivision, the commissioner shall consider (i) the average per pupil expenditure of such operator for each interdistrict magnet school under the control of such operator, and (ii) the amount of any per pupil state subsidy and any revenue from other sources received by such operator. The commissioner may conduct a comprehensive financial review of the operating budget of the magnet school of such operator to verify that the tuition is appropriate. The provisions of this subdivision shall not apply to any interdistrict magnet school operator that is a regional educational service center or assisting the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended.

(3) Not later than two weeks following an enrollment lottery for an interdistrict magnet school conducted by a magnet school operator, the parent or guardian of a student (A) who will enroll in such interdistrict magnet school in the following school year, or (B) whose name has been placed on a waiting list for enrollment in such interdistrict magnet school for the following school year, shall provide written notification of such prospective enrollment or waiting list placement to the school district in which such student resides and is otherwise responsible for educating such student.

(n) (1) Each interdistrict magnet school operator shall annually file with the Commissioner of Education, at such time and in such manner as the commissioner prescribes, (A) a financial audit for each interdistrict magnet school operated by such operator, and (B) an aggregate financial audit for all of the interdistrict magnet schools operated by such operator.

(2) Annually, the commissioner shall randomly select one interdistrict magnet school operated by a regional educational service center to be subject to a comprehensive financial audit conducted by an auditor selected by the commissioner. The regional educational service center shall be responsible for all costs associated with the audit conducted pursuant to the provisions of this subdivision.

(o) For the school years commencing July 1, 2009, to July 1, 2018, inclusive, any local or regional board of education operating an interdistrict magnet school pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, shall not charge tuition for any student enrolled in a preschool program or in kindergarten to grade twelve, inclusive, in an interdistrict magnet school operated by such school district, except the Hartford school district may charge tuition for any student enrolled in the Great Path Academy.

(p) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, if the East Hartford school district has greater than seven per cent of its resident students, as defined in section 10-262f, enrolled in an interdistrict magnet school program, then the board of education for the town of East Hartford shall not be financially responsible for four thousand four hundred dollars of the portion of the per student tuition charged for each such student in excess of such seven per cent. The Department of Education shall, within available appropriations, be financially responsible for such excess per student tuition. Notwithstanding the provisions of this subsection, for the fiscal year ending June 30, 2016, and each fiscal year thereafter, the amount of the grants payable to the board of education for the town of East Hartford in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this subsection.

(P.A. 95-226, S. 17, 30; P.A. 97-290, S. 16, 29; P.A. 98-168, S. 22, 26; 98-252, S. 23, 80; 98-259, S. 4, 17; P.A. 99-289, S. 9, 11; P.A. 00-48, S. 9, 12; P.A. 01-173, S. 65, 67; May 9 Sp. Sess. P.A. 02-7, S. 106; P.A. 03-76, S. 36; P.A. 04-213, S. 22; 04-257, S. 12; P.A. 05-2, S. 3; 05-245, S. 25, 36; June Sp. Sess. P.A. 05-3, S. 77, 79; P.A. 06-135, S. 3; June Sp. Sess. P.A. 07-3, S. 40, 42; June Sp. Sess. P.A. 07-5, S. 45; P.A. 08-152, S. 11; 08-153, S. 2; 08-170, S. 7, 17; P.A. 09-45, S. 4; June 19 Sp. Sess. P.A. 09-1, S. 24; Sept. Sp. Sess. P.A. 09-6, S. 22; P.A. 10-179, S. 18; P.A. 11-6, S. 54; 11-48, S. 183, 184; 11-179, S. 8, 9; P.A. 12-116, S. 63, 87; 12-120, S. 5, 18-20, 23; Dec. Sp. Sess. P.A. 12-1, S. 11, 12; P.A. 13-31, S. 26; 13-122, S. 1, 2; 13-247, S. 124, 166, 167; P.A. 14-65, S. 6, 7; 14-217, S. 89; P.A. 15-63, S. 3; 15-143, S. 2; 15-177, S. 1; 15-215, S. 9; June Sp. Sess. P.A. 15-5, S. 307; P.A. 16-139, S. 1; May Sp. Sess. P.A. 16-3, S. 64, 66; P.A. 17-172, S. 2; 17-237, S. 80; June Sp. Sess. P.A. 17-2, S. 61, 585; P.A. 18-51, S. 1, 2; P.A. 19-117, S. 270; 19-184, S. 8.)

History: P.A. 95-226 effective July 1, 1995; P.A. 97-290 amended Subsec. (a) to add provision restricting the number of students that may enroll in the program from a participating district to 80% of the total enrollment of the program and to make a technical change, and amended Subsec. (b) to require consideration of the percentage of the student enrollment in the program from each participating district, to add the prohibition against awarding a grant to a program if more than 80% of the total enrollment is from one school district with a one-year exception for good cause, and to make technical changes, effective July 1, 1997; P.A. 98-168 amended Subsec. (a) to delete provision for program to be established with funds appropriated for purposes of Sec. 10-74d and to substitute provision for program to be established within available appropriations, and added new Subsec. (e) re retention of up to 1% by the Department of Education, effective July 1, 1998; P.A. 98-252 and 98-259 both made cooperative arrangements eligible for grants and P.A. 98-252 also made technical changes, effective July 1, 1998; P.A. 99-289 amended Subsec. (a) to make the grants noncompetitive, amended Subsec. (c) to increase the percentage of the grant that programs operating less than full-time are eligible to receive from 50% to 65%, and added Subsec. (f) re transportation and Subsec. (g) re determination of level of enrollment, effective July 1, 1999; P.A. 00-48 added Subsec. (h) re special education students, effective July 1, 2000; P.A. 01-173 added Subsec. (i) re enrollment of nonpublic school students in programs operating less than full-time, effective July 1, 2001; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a) by changing requirements for enrollment percentages for schools beginning operations on or after July 1, 2005, added Subsec. (b)(4) re proposed operating budgets and by adding language re enrollment restrictions for programs beginning operations on or after July 1, 2005, and amended Subsec. (c) by redesignating existing provisions as Subdiv. (1), making technical changes therein, and adding new Subdiv. (2) re supplemental grants, effective August 15, 2002; P.A. 03-76 made a technical change in Subsec. (c)(1), effective June 3, 2003; P.A. 04-213 amended Subsec. (a) by allowing the Board of Trustees of the Community-Technical Colleges on behalf of Manchester Community College to be eligible for grants and by adding provision re operation in conformance with laws applicable to public schools, effective June 3, 2004; P.A. 04-257 made a technical change in Subsec. (b), effective June 14, 2004; P.A. 05-2 amended Subsec. (c)(2) to apply provisions to fiscal year ending June 30, 2005, and to delete reference to fiscal years ending June 30, 2003, and June 30, 2004, effective March 22, 2005; P.A. 05-245 amended Subsec. (c)(2) by making proportional reduction in grants applicable to fiscal year ending June 30, 2003, and each fiscal year thereafter, effective June 30, 2005, and amended Subsec. (c) by adding exception in Subdiv. (1) for programs described in Subdiv. (3)(A) and by adding Subdiv. (3) re programs described by enrollment percentages from a single town, deleted former Subsec. (e) re retention of funds for program evaluation and administration and redesignated existing Subsecs. (f) to (i) as Subsecs. (e) to (h), effective July 1, 2005; June Sp. Sess. P.A. 05-3 amended Subsec. (c)(2) by including summer school programs and reinstated Subsec. (e) re amount retained for program evaluation and administration, reducing amount department may retain from 1% to one-half of 1%, and redesignated existing Subsecs. (e) to (h) as Subsecs. (f) to (i), effective July 1, 2005; P.A. 06-135 amended Subsec. (c)(2) by deleting reference to summer school programs and added Subdiv. (4) re grants to regional educational service centers that provide summer school educational programs, effective July 1, 2006; June Sp. Sess. P.A. 07-3 amended Subsec. (c) to make technical changes, to provide in Subdiv. (1) that host magnet school program with participating district that enrolls more than 55% of its students in the magnet school shall receive a grant that is $6,016 for fiscal year ending June 30, 2008, $6,730 for fiscal year ending June 30, 2009, $7,440 for fiscal year ending June 30, 2010, and $8,158 for the fiscal year ending June 30, 2011, and for residents of the host town a per pupil grant of $3,000 for fiscal year ending June 30, 2008, and thereafter, to provide in Subdiv. (3)(A) that magnet schools operated by regional educational service center that enroll less than 55% of its students from a single town shall receive a per pupil grant that is $7,060 for fiscal year ending June 30, 2008, $7,620 for the fiscal year ending June 30, 2009, $8,180 for fiscal year ending June 30, 2010, and $8,741 for fiscal year ending June 30, 2011, to add new Subdiv. (3)(B) re per pupil grants for magnet schools operated by regional educational service center that enrolls at least 55% of its students from a single town, to redesignate existing Subdiv. (3)(B) as Subdiv.(3)(C) and add Subsecs. (j) and (k) re unused student capacity and re financial audits of interdistrict magnet schools operated by regional educational service centers, effective July 1, 2007; June Sp. Sess. P.A. 07-5 amended Subsec. (c) to remove restriction on formula for districts with enrollment greater than 55% in Subdiv. (1), to redesignate existing Subdiv. (4) as Subdiv. (5) and to add new Subdiv. (4) re proportional adjustment of grants, effective October 6, 2007; P.A. 08-152 amended Subsec. (a) to change “vocational agriculture” to “agricultural science and technology”, effective July 1, 2008; P.A. 08-153 deleted Subsec. (c)(3)(C) re case where regional educational service center enrolls at least 55% of students from a single town, effective June 12, 2008; P.A. 08-170 amended Subsec. (a) to add Subdiv. designators (1)(A), (B) and (C), to substitute Quinebaug Valley Community College for Manchester Community College, to add Subdiv. (2) re stipulation re Sheff v. O'Neill, to redesignate existing Subdivs. (1), (2) and (3) as clauses (i), (ii) and (iii), to change “vocational agriculture” to “agricultural science and technology” and to delete former Subpara. designators (A) and (B), amended Subsecs. (b) and (c) to add provisions re stipulation re Sheff v. O'Neill, amended Subsec. (d) to add exception re Subsec. (c)(6) and amended Subsec. (j) to designate existing language as Subdivs. (1) and (2), to add language re interdistrict student attendance program to Subdiv. (1), to replace existing tuition formula for fiscal year ending June 30, 2009, in Subdiv. (2) with tuition formula that limits tuition to amount that is at least 75% of difference between per pupil expenditure of prior fiscal year and state subsidy and other revenue and provides for 10% cap on any increase and to add Subdiv. (3) re provision of opportunities, effective July 1, 2008; P.A. 09-45 made a technical change in Subsec. (a), effective May 20, 2009; June 19 Sp. Sess. P.A. 09-1 amended Subsec. (j) by adding Subdiv. (4) re notification to school district of student enrollment at interdistrict magnet school, effective July 1, 2009; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (b) by designating existing provision re submission of applications for interdistrict magnet school operating grants as Subdiv. (1) and amending same by adding provision re development and submission of a comprehensive state-wide interdistrict magnet school plan, designating existing provisions re considerations for application approval, desegregation standards and meeting with commissioner as Subdiv. (2) and amending same by redesignating existing Subdivs. (1) to (4) as Subparas. (A) to (D) and adding provision re maximum allowable threshold for proposed operating budget by a magnet school not operated by a local or regional board of education and designating existing provision re requirements for enrollment of students from one school district and of racial minorities as Subdiv. (3), amended Subsec. (c)(1) by replacing “and (B)” with “to (F), inclusive,”, deleting former Subparas. (C) and (D), inserting “to June 30, 2011, inclusive” and making conforming changes, amended Subsec. (c)(2) by replacing “reviewed” with “conducted a comprehensive financial review”, amended Subsec. (c)(3)(A) and (B) by replacing “Each” with “Except as otherwise provided in subparagraphs (C) to (F), inclusive, of this subdivision, each”, deleting provision re regional educational service center enrolling less than 60% of its students from Hartford, deleting existing clauses re fiscal years 2010 and 2011 and inserting “and each fiscal year thereafter”, amended Subsec. (c)(3) by adding Subpara. (C) re grant for interdistrict magnet school that began operations for school year commencing July 1, 1998, and has student enrollment of at least 55% but no more than 75% from a single town, adding Subpara. (D) re grant for interdistrict magnet school that began operations for school year commencing July 1, 2001, and has student enrollment of at least 55% but no more than 80% from a single town, adding Subpara. (E) re grant for interdistrict magnet schools operated by organizations enumerated in clauses (i) to (vii), adding Subpara. (F) re grant for interdistrict magnet schools operated by Hartford school district pursuant to stipulation and order and adding Subpara. (G) re supplemental grants for fiscal year ending June 30, 2010, amended Subsec. (j) by deleting Subdiv. (1) designator, redesignating existing Subdiv. (2) as new Subsec. (k) and amending same by redesignating existing Subparas. (A) and (B) as Subdivs. (1) and (2), deleting prohibition re 10% increase in tuition, adding provision re tuition charged by a regional educational service center operating an interdistrict magnet school, adding provision re cap on sum of tuitions and adding provision re comprehensive financial review of magnet school operating budget, and redesignating existing Subdivs. (3) and (4) as Subsecs. (l) and (m), redesignated existing Subsec. (k) as Subsec. (n) and added Subsec. (o) re prohibition against charging tuition for any student enrolled in interdistrict magnet school operated by Hartford school district for school years commencing July 1, 2009, and July 1, 2010, effective October 5, 2009; P.A. 10-179 amended Subsec. (c)(3)(C) and (D) by limiting per pupil grant for each enrolled student who is a resident of district to fiscal years ending June 30, 2010, and 2011, by changing amount of such grant for fiscal year ending June 30, 2011, and by limiting per pupil grant for each enrolled student who is not a resident of district to fiscal years ending June 30, 2010, and 2011, effective May 7, 2010; P.A. 11-6 amended Subsec. (c)(3)(D) by extending per pupil grant for each enrolled student who is a resident of district to fiscal years ending June 30, 2012, and June 30, 2013, effective July 1, 2011; P.A. 11-48 amended Subsec. (c)(1)(B) by extending nonresident per student grant through fiscal year ending June 30, 2013, and amended Subsec. (c)(3)(E)(II) and (F) by extending per pupil grants for interdistrict magnet schools through fiscal year ending June 30, 2013, and amended Subsec. (o) by extending prohibition against charging tuition for any student enrolled in interdistrict magnet school operated by Hartford school district through school year commencing July 1, 2012, effective July 1, 2011; P.A. 11-179 amended Subsec. (d) by replacing “fifty” with “seventy”, replacing “January” with “May”, adding provision re using data of record as of intervening March first and adding provision re further adjustment to May first payment, effective July 13, 2011, and amended Subsec. (n)(1) by deleting “operated by a regional educational service center”, effective July 1, 2011; P.A. 12-116 amended Subsec. (c) by adding Subpara. (C) re amount for fiscal year 2013 and each fiscal year thereafter in Subdiv. (1), adding clause (v) re amount for fiscal year 2013 and each fiscal year thereafter in Subdiv. (3)(A), adding clause (iii) re amount for fiscal year 2013 and each fiscal year thereafter in Subdiv. (3)(B), deleting former Subdiv. (3)(C) re magnet school operated by regional educational service center, redesignating existing Subdivs. (3)(D) to (3)(G) as Subdivs. (3)(C) to (3)(F), replacing previous grant amounts for prior fiscal years with $8,180 for fiscal year 2013 and each fiscal year thereafter in redesignated Subdiv. (3)(C), and making conforming changes, effective July 1, 2012; pursuant to P.A. 12-116, “regional vocational-technical school” was changed editorially by the Revisors to “technical high school” in Subsec. (a), effective July 1, 2012; P.A. 12-120 amended Subsec. (a)(1)(C) by adding “and Three Rivers Community College”, effective July 1, 2012, and amended Subsec. (c)(3)(E) by adding clause (viii) re Great Path Academy, amended Subsec. (d) by replacing provision re preliminary grant amount for current fiscal year with provision re revised grant amount calculated for prior fiscal year, amended Subsec. (k) by adding provision re tuition charged by Hartford school district operating Great Path Academy on behalf of Manchester Community College and amended Subsec. (o) by adding exception re tuition charged by Hartford school district for students enrolled in Great Path Academy, effective June 15, 2012; Dec. Sp. Sess. P.A. 12-1 amended Subsecs. (k) and (o) to add “in a preschool program or in kindergarten to grade twelve, inclusive”, effective December 21, 2012; P.A. 13-31 made technical changes in Subsec. (c)(3)(A) and (B), effective May 28, 2013; P.A. 13-122 amended Subsec. (d) by adding references to magnet school operator, total grant amount and aggregate financial audit re May first payment and amended Subsec. (n) by adding reference to magnet school operator, designating existing provision re financial audit as Subpara. (A) and amending same to apply to each magnet school, adding Subpara. (B) re aggregate financial audit and making a conforming change, effective July 1, 2013; P.A. 13-247 amended Subsec. (c)(3) by replacing “2013” with “2015” in Subpara. (D) and replacing “the Hartford school district” with “a local or regional board of education” and replacing “2013” with “2015” in Subpara. (E), amended Subsec. (k) by deleting provisions re magnet school tuition charged for fiscal years 2009 and 2010, designating existing provision re magnet school tuition charged for fiscal year 2011 and each fiscal year thereafter as Subdiv. (1) and amending same by replacing “2011” with “2014”, deleting “in a preschool program or”, redesignating existing clauses (i) and (ii) as Subparas. (A) and (B) and redesignating existing subclauses (I) and (II) as clauses (i) and (ii), and adding new Subdiv. (2) re tuition charged for preschool programs offered by magnet schools not located in the Sheff region, and amended Subsec. (o) by replacing “2012” with “2014” and replacing “the Hartford school district” with “any local or regional board of education operating an interdistrict magnet school pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William O'Neill, et al.”, effective July 1, 2013; P.A. 14-65 made technical changes in Subsec. (a)(2) and Subsec. (c)(3), (5) and (6), effective July 1, 2014; P.A. 14-217 added “as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.,” throughout, amended Subsec. (a) by adding provision re enrollment restriction of participating district students in accordance with reduced-isolation setting standards of 2013 stipulation and order, amended Subsec. (b) by replacing provisions re desegregation standards with provisions re reduced-isolation setting standards in 2013 stipulation and order in Subdiv. (2), and adding references to P.A. 11-48, S. 197 and the 2013 stipulation and order for Sheff v. O'Neill, designating existing provisions as Subparas. (A) and (B) and replacing “such an exception for a second consecutive year” with “the exceptions described in subparagraphs (A) and (B) of this subdivision for an additional consecutive year or years” in Subdiv. (3), substantially revised Subsec. (c)(3), including adding new Subpara. (C)(2) and (4) re grant for each enrolled resident and nonresident student greater than the total number of such students as of October 1, 2013, and adding new Subpara. (E) re per pupil grant for certain trimester students, amended Subsec. (c)(4) by adding provisions re limitation of grant payment to magnet school operator based on enrollment level as of October 1, 2013, and re prioritization for approval of funding above such enrollment level, amended Subsec. (d) by designating existing provisions re payment of grants as Subdiv. (1) and adding Subdiv. (2) re payment schedule for grants made under Subsec. (c)(3)(E), amended Subsec. (e) to add “in an amount not to exceed five hundred thousand dollars”, and made technical and conforming changes, effective July 1, 2014; P.A. 15-63 amended Subsec. (c)(3)(E) to replace references to college or university with references to institution of higher education, effective June 19, 2015; P.A. 15-143 made technical changes in Subsec. (c)(3)(C), effective June 30, 2015; P.A. 15-177 amended Subsec. (b)(1) by replacing “January 1, 2011” with “October 1, 2016”, effective July 1, 2015; P.A. 15-215 amended Subsec. (m) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re parental notification of prospective enrollment or waiting list placement, effective July 1, 2015; June Sp. Sess. P.A. 15-5 added “as extended” re 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al. throughout, amended Subsec. (b) by adding reference to appropriations committee in Subdiv. (1) and replacing references to section 197 of public act 11-48 with references to section 116 of public act 14-217 in Subdiv. (3), amended Subsec. (c)(3)(D) by designating existing provisions as new clause (i) and amending same by adding “Except as otherwise provided in subparagraph (D)(ii) of this subparagraph, each”, redesignating existing clauses (i) to (viii) as subclauses (I) to (VIII), deleting former subclause designators (I) and (II) and replacing “2015” with “2017” and by adding new clause (ii) re grants for schools that enroll less than 50% of incoming students from Hartford, amended Subsec. (c)(3)(E) by replacing “Each” with “For the fiscal year ending June 30, 2015, and each fiscal year thereafter, each”, replacing “on a trimester basis” with “at least half-time”, deleting provision re grant of $10,443 for each student enrolled for at least two of three trimesters for fiscal year ending June 30, 2015, adding subclause (I) re grant of 65% for each student enrolled for at least two semesters and adding subclause (II) re grant of 32.5% for each student enrolled for one semester, amended Subsec. (c)(3)(F) by replacing “2015” with “2017”, amended Subsec. (c)(3) by adding Subpara. (H) re grant for half-day Greater Hartford Academy of the Arts and adding Subpara. (I) re grant for half-day Greater Hartford Academy of Mathematics and Science, amended Subsec. (c)(4) by making provision re limitation of payment applicable to fiscal years ending June 30, 2015, to June 30, 2017, making provisions of Subpara. (A) applicable to school years commencing July 1, 2015, and July 1, 2016, adding new Subpara. (B) re increases in enrollment in school program that added planned new grade levels for school year commencing July 1, 2014, and was funded during fiscal year ending June 30, 2015, redesignating existing Subpara. (B) as new Subpara. (C) and amending same by making provisions applicable to school years commencing July 1, 2014, to July 1, 2016, and redesignating existing Subparas. (C) and (D) as Subparas. (D) and (E), amended Subsec. (d)(2) by replacing “2015” with “2016” and replacing provision re schedule of grant payments in 30% amounts with provision re schedule of grant payments in 50% amounts, adding “based on actual student enrollment for the second semester on February first”, replacing “of three trimesters” with “semesters” and adding provision re actual student enrollment for students enrolled for only one semester, amended Subsec. (k)(2) by deleting “and each fiscal year thereafter” in Subpara. (B) and adding Subpara. (C) re tuition charged to parent or guardian, amended Subsec. (o) by replacing “2014” with “2016”, added Subsec. (p) re portion of per student tuition that East Hartford is not responsible for, and made technical and conforming changes, effective July 1, 2015; P.A. 16-139 amended Subsec. (m) by adding Subpara. (A) to (C) designators in Subdiv. (1), adding new Subdiv. (2) re operator charging tuition to boards of education, and redesignating existing Subdiv. (2) re enrollment lottery as Subdiv. (3), effective June 9, 2016; May Sp. Sess. P.A. 16-3 amended Subsec. (p) by deleting references to fiscal year ending June 30, 2017, and making provisions applicable to “each fiscal year thereafter”, effective June 2, 2016, and amended Subsec. (c) by deleting provision re proportional adjustment of grants and replacing “to June 30, 2017, inclusive” with “and June 30, 2016” in Subdiv. (4), adding new Subdiv. (5) re limitation of grant payment to operators for fiscal year ending June 30, 2017, based on enrollment levels, redesignating existing Subdivs. (5) and (6) as Subdivs. (6) and (7), and adding Subdiv. (8) re proportional adjustment of grants, and amended Subsec. (d)(1) by adding provision re grants to be paid as aggregate totals to operators and distributed among magnet school programs according to a distribution plan, effective July 1, 2016; P.A. 17-172 amended Subsec. (a) by replacing provisions re enrollment on and after July 1, 2000 with provisions re enrollment for school years commencing July 1, 2017 and July 1, 2018, amended Subsec. (b)(2) by deleting references to 2008 and 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., adding “For the fiscal years ending June 30, 2017, and June 30, 2018,” adding “its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect”, adding reference to reduced-isolation setting standards developed pursuant to Sec. 10-264r, and adding provision re approval of plan to bring school into compliance with reduced-isolation setting standards, amended Subsec. (b)(3) by replacing provisions re commissioner shall not award grant with provisions re same for fiscal years ending June 30, 2018 and June 30, 2019, added Subsec. (b)(4) re financial penalty on operator of interdistrict magnet school program, and made technical and conforming changes, effective July 1, 2017; P.A. 17-237 amended Subsec. (a) by replacing “technical high school” with “technical education and career school”, effective July 1, 2017; June Sp. Sess. P.A. 17-2 amended Subsec. (c) by deleting “pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended,” in Subdiv. (3)(D)(ii)(VIII), replacing “2017” with “2019” in Subdivs. (3)(D) and (3)(F), replacing “2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.,” with “decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect” in Subdiv. (3)(F), adding new Subdivs. (6) and (7) re limitation of grant payment to operators for fiscal years ending June 30, 2018, and June 30, 2019, respectively, based on enrollment levels, redesignating existing Subdivs. (6) to (8) as Subdivs. (8) to (10), replacing “the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.,” with “its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect” in redesignated Subdivs. (8) and (9), and amended Subsec. (o) by replacing “2016” with “2018” and replacing “2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended” with “decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect”, effective October 31, 2017; P.A. 18-51 amended Subsec. (c)(10) by replacing “any grant pursuant to this section exceed the reasonable operating budget of the interdistrict magnet school program” with “the total grant paid to an interdistrict magnet school operator pursuant to this section exceed the aggregate total of the reasonable operating budgets of the interdistrict magnet school programs of such operator”, and amended Subsec. (d)(1) by replacing “March first” with “January thirty-first”, effective July 1, 2018; P.A. 19-117 replaced “the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended” with “its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect” in Subsecs. (a)(2) and (b)(1), amended Subsec. (a) by replacing “2018” with “2020, inclusive”, amended Subsec. (b) by adding “June 30, 2020, and June 30, 2021” in Subdiv. (2), replacing “2019” with “2021, inclusive” in Subdivs. (3) and (4), amended Subsec. (c)(1) by adding Subpara. (D) re grant of $7,227 for fiscal year 2020, designating existing provision re per pupil grant of $3,000 as clause (i) and adding clause (ii) re per pupil grant of $3,060 for fiscal year 2020, amended Subsec. (c)(3) by adding clause (vi) re grant of $8,058 for fiscal year 2020 in Subpara. (A), adding clause (vi) re grant of $7,227 for fiscal year 2020 in Subpara. (B), designating existing provisions in Subpara. (C) as new clause (i) and amending same by redesignating existing clauses (i) to (iv) as subclauses (I) to (IV) and adding new clause (ii) re per pupil grants for resident and nonresident students for fiscal year 2020 and each fiscal year thereafter, by adding provision re grant of $10,652 for fiscal year 2020 and each fiscal year thereafter in Subpara. (D)(i), adding provision re grant for non-Hartford students for fiscal year 2020 and each fiscal year thereafter in Subpara. (D)(ii), replacing “2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended” with “decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner” in Subpara. (E), and adding clause (iii) re grant of $13,315 in Subpara. (F), amended Subsec. (c)(4) by replacing “2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended” with “decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner”, further amended Subsec. (c) by adding new Subdivs. (8) and (9) re limitation of grant payment to operators for fiscal years 2020 and 2021, respectively, based on enrollment levels, redesignating existing Subdivs. (8) to (10) as Subdivs. (10) to (12), and made technical and conforming changes, effective July 1, 2019; P.A. 19-184 amended Subsec. (h) by designating existing provisions re responsibilities of school districts in cases of students identified as requiring special education as new Subdiv. (1) and amending same by redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B), and adding new Subdiv. (2) re school districts responsible for paying interdistrict magnet schools for certain expenses in cases of students with plans pursuant to Section 504 of the Rehabilitation Act of 1973, and interdistrict magnet schools responsible for ensuring such students receive services mandated by plans, effective July 1, 2019.

Sec. 10-264q. Eligibility of certain magnet schools not in compliance with racial minority enrollment requirements to continue to receive operating grants. Notwithstanding subdivision (3) of subsection (b) of section 10-264l, an interdistrict magnet school program that (1) does not assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, and (2) is not in compliance with the enrollment requirements for students of racial minorities, pursuant to section 10-264l, following the submission of student information data of such interdistrict magnet school program to the state-wide public school information system, pursuant to section 10-10a, on or before October 1, 2019, shall remain eligible for an interdistrict magnet school operating grant pursuant to section 10-264l for the fiscal years ending June 30, 2020, and June 30, 2021, if such interdistrict magnet school program submits a compliance plan to the Commissioner of Education and the commissioner approves such plan.

(June Sp. Sess. P.A. 15-5, S. 322; P.A. 19-139, S. 4.)

History: June Sp. Sess. P.A. 15-5 effective July 1, 2015; P.A. 19-139 replaced “2015” with “2019” and added “for the fiscal years ending June 30, 2020, and June 30, 2021” in Subdiv. (2), effective July 1, 2019.

Sec. 10-265n. Even start family literacy program. The Office of Early Childhood shall administer, within available appropriations, an even start family literacy program to provide grants to establish new or expand existing local family literacy programs that provide literacy services for children and the parents or guardians of such children.

(P.A. 12-120, S. 12; P.A. 15-227, S. 22; P.A. 19-121, S. 10.)

History: P.A. 12-120 effective June 15, 2012; P.A. 15-227 replaced “Department of Education” with “Office of Early Childhood”, effective July 7, 2015; P.A. 19-121 deleted “, in accordance with the William F. Goodling Even Start Family Literacy Program under the No Child Left Behind Act, P.L. 107-111,”, effective July 1, 2019.

Sec. 10-265aa. The Partnership for Connecticut, Inc. Purposes, powers and reports. (a) As used in this section and sections 10-265bb to 10-265ff, inclusive:

(1) “Corporation” means the nonprofit nonstock corporation described in subsection (b) of this section, which has been established in accordance with the provisions of chapter 602; and

(2) “Philanthropic enterprise” means a philanthropic enterprise founded in 2003 and located in Fairfield County that advances diverse philanthropic initiatives which include strengthening public education in this state and supporting financial inclusion and social entrepreneurship or a philanthropic designee under the direct control of the philanthropic enterprise.

(b) There shall be established “The Partnership for Connecticut, Inc.”, which shall be a nonstock corporation and shall be organized and established by the philanthropic enterprise and its agents. The corporation shall be formed for the conduct of any affairs or the promotion of any purpose which may be lawfully carried out, including, but not limited to, the following public purposes:

(1) Strengthening public education in this state;

(2) Supporting financial inclusion and social entrepreneurship;

(3) Promoting upward mobility in Connecticut by connecting at-risk high school-aged youths and young adults to educational and career opportunities;

(4) Supporting economic development in under-resourced communities through microfinance and social entrepreneurship, with a specific focus on communities where there is a high poverty rate and youths and young adults between the ages of fourteen to twenty-four, inclusive, who are showing signs of disengagement or disconnection from high school, the workplace or the community;

(5) Promoting and expanding upon the collaboration between the state and one or more philanthropic or nonprofit entities designated by the philanthropic enterprise to carry out the public purposes set forth in this section; and

(6) Providing additional resources for the purposes set forth in this section.

(c) Except as provided in sections 10-265aa to 10-265ff, inclusive, the corporation shall be subject to and shall have all the powers provided in chapter 602. The property and affairs of the corporation shall be governed and controlled by its board of directors appointed in accordance with section 10-265cc. The corporation shall submit an application for recognition of federal income tax exempt status for the corporation as an organization described in 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. Except as provided in section 10-265cc, no member of the board of directors or any officer or employee of the corporation shall, by virtue of such service to the corporation, be (1) a state employee or public official for purposes of part I of chapter 10, or (2) a state contractor or prospective state contractor for purposes of section 9-612. The corporation shall not be construed to be a department, institution, public agency, public instrumentality or political subdivision of the state, or to perform any governmental function.

(d) Reports, in form and substance to be mutually agreed upon by the corporation and the Governor, shall be submitted semiannually by the corporation to the Governor, the State Board of Education, the Department of Education, the Department of Economic and Community Development, the Office of Policy and Management and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies. The corporation shall post such reports on the corporation's Internet web site.

(P.A. 19-117, S. 183.)

History: P.A. 19-117 effective June 26, 2019.

Sec. 10-265bb. Duties of the corporation. (a) The corporation shall work with entities that include, but are not limited to, nonprofit organizations, high schools and school districts, institutions of higher education and employers to connect youths and young adults between the ages of fourteen to twenty-four, inclusive, to upwardly mobile career opportunities. The corporation shall support public education and workforce development programs that include an integrated focus on youth development with programming to provide such youths and young adults with the holistic supports needed to succeed.

(b) The corporation shall support and encourage microfinance and social entrepreneurship initiatives in order to expand economic opportunity in under-resourced communities.

(c) The corporation shall work with stakeholders in under-resourced communities to ensure public input and participation in program design, while remaining focused on advancing positive outcomes as quickly and sustainably as possible. The corporation shall monitor, measure and annually report, in accordance with subsection (d) of section 10-265aa, on its progress in achieving specific agreed-upon impact objectives.

(P.A. 19-117, S. 184.)

History: P.A. 19-117 effective June 26, 2019.

Sec. 10-265cc. Board of directors. (a)(1) For the period of time from July 15, 2019, until January 5, 2021, the corporation shall be governed by a board of directors, appointed as follows:

(A) Four directors appointed by the director of the philanthropic enterprise;

(B) Three directors appointed by the Governor;

(C) The Governor;

(D) The president pro tempore of the Senate;

(E) The speaker of the House of Representatives;

(F) The minority leader of the Senate;

(G) The minority leader of the House of Representatives; and

(H) The president of the corporation.

(2) Each director shall serve until a successor is qualified and appointed.

(b) (1) All appointments under subsection (a) of this section shall be made on or before July 15, 2019, with the exception of the president of the corporation, who shall be appointed upon being hired. If the director of the philanthropic enterprise fails to appoint any director within the time period prescribed in this subsection, such director shall instead be appointed by the Governor.

(2) Any vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment was made. Any vacancy shall be filled by the appointing authority not later than thirty days after the date of such vacancy. If such vacancy appointment is not made within the time period prescribed in this subsection, the vacancy shall be filled by the Governor.

(3) An interim board of directors shall govern the corporation until the appointments are made as set forth in this section.

(c) The philanthropic enterprise, the Governor, the president pro tempore of the Senate, the speaker of the House of Representatives, the minority leader of the Senate and the minority leader of the House of Representatives shall collaborate to determine the criteria and composition of the succeeding board of directors, including, but not limited to, the number of directors; legislative, gubernatorial and philanthropic appointments; length of terms; and the experience necessary for membership, including experience in public education, social-­emotional behavioral supports, family involvement and support, student engagement, physical health and wellness, social work and case management, workforce development, philanthropy or community enterprise development, including social entrepreneurship and microfinance.

(P.A. 19-117, S. 185.)

History: P.A. 19-117 effective June 26, 2019.

Sec. 10-265dd. Funding to further the purposes of the collaboration. (a) In furtherance of its commitment to carry out the public purposes described in section 10-265aa, the philanthropic enterprise shall provide twenty million dollars to the corporation for the fiscal year commencing July 1, 2019. The participants to the collaboration shall endeavor to secure an additional twenty million dollars from other private sector sources in furtherance of the purposes of the collaboration, provided participation by private sector sources other than the philanthropic enterprise shall not be a condition of the state or the philanthropic enterprise's funding.

(b) For the fiscal year commencing July 1, 2019, the state shall transfer the sum of twenty million dollars to the Philanthropic Match account established in section 10-265ff, upon certification by the philanthropic enterprise to the Secretary of the Office of Policy and Management that it has transferred twenty million dollars to the corporation. The transfer of such state sum shall be in furtherance of the corporation's purposes described in section 10-265aa.

(c) For the fiscal year commencing July 1, 2020, and the three succeeding fiscal years, the state and the philanthropic enterprise shall evaluate the funding needs of the collaboration and each endeavor to maintain at least the level of financial commitment which it made to the collaboration during the fiscal year commencing July 1, 2019, with the same match and certification requirements as set forth in subsections (a) and (b) of this section.

(P.A. 19-117, S. 186.)

History: P.A. 19-117 effective June 26, 2019.

Sec. 10-265ee. Financial assistance provided by the corporation. State assistance. (a) Financial assistance provided by the corporation organized under section 10-265aa shall be upon terms and conditions consistent with the policies and procedures adopted by the corporation's board of directors. The board of directors shall, in its discretion, establish such policies and procedures that the board deems prudent, necessary and consistent with the provisions of section 10-265aa. Such terms and conditions may include, but need not be limited to: (1) Eligibility criteria for state and local government agencies, private for-profit and not-for-profit institutions, and individuals to apply for and receive grants, loans or other forms of assistance from the corporation; (2) the procedures for such entities to apply for and receive such funding; and (3) a requirement of funding commitments and awards from other sources, including financing obtained from quasi-public agencies, as defined in section 1-120, federal, state and local government agencies and private for-profit and not-for-profit institutions.

(b) State assistance to match the philanthropic enterprise's contribution may be provided to the corporation while its application for tax exempt status, as described in subsection (c) of section 10-265aa, is pending. If such status is denied, the corporation shall promptly repay such state assistance to the state.

(c) State assistance may be provided to the corporation through contractual arrangements as may be agreed upon by the corporation and the Secretary of the Office of Policy and Management.

(P.A. 19-117, S. 187.)

History: P.A. 19-117 effective June 26, 2019.

Sec. 10-265ff. Philanthropic Match account. (a) There is established an account to be known as the “Philanthropic Match account” which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account.

(b) Moneys in the account shall be expended by the Secretary of the Office of Policy and Management to match philanthropic gifts made by the philanthropic enterprise to the corporation described in section 10-265aa, upon certification to the secretary by the philanthropic enterprise that it has transferred twenty million dollars to the corporation, pursuant to section 10-265dd. The secretary may enter into agreements with other state agencies or private entities in order to make payments of the moneys in this account to the corporation.

(c) The secretary may expend twenty million dollars under this section in any fiscal year, for a maximum of five fiscal years, provided the secretary has entered into an agreement under which the corporation described in section 10-265aa confirms that it has received an equivalent amount for such fiscal year from the philanthropic enterprise.

(P.A. 19-117, S. 188.)

History: P.A. 19-117 effective June 26, 2019.

Sec. 10-266p. Priority school district grant program. (a) The State Board of Education shall administer a priority school district grant program to assist certain school districts to improve student achievement and enhance educational opportunities. The priority school district grant program shall be for school districts in (1) the eight towns in the state with the largest population, based on the most recent federal decennial census, (2) towns which rank for the first fiscal year of each biennium from one to eleven when all towns are ranked in descending order from one to one hundred sixty-nine based on the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, plus the mastery count of the town, as defined in subdivision (13) of section 10-262f, and (3) towns which rank for the first fiscal year of each biennium one to eleven when all towns are ranked in descending order from one to one hundred sixty-nine based on the ratio of the number of children under the temporary family assistance program as so defined to the resident students of such town, as defined in subdivision (22) of section 10-262f, plus the grant mastery percentage of the town, as defined in subdivision (12) of section 10-262f. The State Board of Education shall utilize the categorical grant program established under this section and sections 10-266q and 10-266r and other educational resources of the state to work cooperatively with such school districts during any school year to improve their educational programs or early reading intervention programs. Subject to the provisions of subsection (c) of section 10-276a, the State Board of Education shall allocate one million dollars to each of the eight towns described in subdivision (1) of this subsection and five hundred thousand dollars to each of the towns described in subdivisions (2) and (3) of this subsection, except the towns described in subdivision (1) of this subsection shall not receive any additional allocation if they are also described in subdivision (2) or (3) of this subsection.

(b) Notwithstanding the provisions of subsection (a) of this section, any town which received a grant pursuant to this section for the fiscal year ending June 30, 1999, and which does not qualify for a grant pursuant to subsection (a) of this section for the fiscal year ending June 30, 2000, shall receive grants for the fiscal years ending June 30, 2000, June 30, 2001, and June 30, 2002, in amounts determined in accordance with this subsection. (1) For the fiscal year ending June 30, 2000, in an amount equal to the difference between (A) the amount of the grant such town received pursuant to this section for the fiscal year ending June 30, 1999, and (B) an amount equal to twenty-five per cent of the difference between (i) the amount of the grant such town received pursuant to this section for the fiscal year ending June 30, 1999, and (ii) the amount of the grants received by transitional school districts pursuant to section 10-263c. (2) For the fiscal year ending June 30, 2001, in an amount equal to the difference between (A) the amount of the grant such town received pursuant to this section for the fiscal year ending June 30, 1999, and (B) an amount equal to fifty per cent of the difference between (i) the amount of the grant such town received pursuant to this section for the fiscal year ending June 30, 1999, and (ii) the amount of the grants received by transitional school districts pursuant to section 10-263c. (3) For the ­fiscal year ending June 30, 2002, in an amount equal to the difference between (A) the amount of the grant such town received pursuant to this section for the fiscal year ending June 30, 1999, and (B) an amount equal to seventy-five per cent of the difference between (i) the amount of the grant such town received pursuant to this section for the fiscal year ending June 30, 1999, and (ii) the amount of the grants received by transitional school districts pursuant to section 10-263c.

(c) In addition to the amount allocated pursuant to subsection (a) of this section, for the fiscal year ending June 30, 1997, and each fiscal year thereafter, the State Board of Education shall allocate (1) seven hundred fifty thousand dollars to each town which ranks from one to three, inclusive, in population pursuant to subdivision (1) of said subsection (a) and three hundred thirty-four thousand dollars to each town which ranks from four to eight, inclusive, in population pursuant to said subdivision and (2) one hundred eighty thousand dollars to each of the towns described in subdivisions (2) and (3) of said subsection (a), except that the towns described in subdivision (1) of said subsection (a) shall not receive any additional allocation pursuant to subdivision (2) of this subsection if they are also described in subdivision (2) or (3) of said subsection (a).

(d) In addition to the amounts allocated pursuant to subsections (a) and (c) of this section, the State Board of Education shall allocate a share, in the same proportion as the total amount allocated pursuant to said subsections, of two million five hundred thousand dollars for the fiscal year ending June 30, 1998, and three million dollars for the fiscal year ending June 30, 1999, and each fiscal year thereafter, to each of the towns receiving a grant pursuant to this section.

(e) In addition to the amounts allocated pursuant to subsections (a), (c) and (d) of this section, for the fiscal year ending June 30, 2005, and each fiscal year thereafter, the State Board of Education shall allocate (1) one million five hundred thousand dollars to the town which ranks one in population pursuant to subdivision (1) of said subsection (a), (2) one million dollars to each town which ranks from two to four, inclusive, in population pursuant to said subdivision (1), (3) six hundred thousand dollars to the town which ranks five in population pursuant to said subdivision (1), (4) five hundred thousand dollars to each town which ranks from six to eight, inclusive, in population pursuant to said subdivision (1), and (5) two hundred fifty thousand dollars to each of the towns described in subdivisions (2) and (3) of said subsection (a), except that the towns described in subdivision (1) of said subsection (a) shall not receive any additional allocation pursuant to subdivision (5) of this subsection if they are also described in subdivision (2) or (3) of said subsection (a).

(f) In addition to the amounts allocated in subsection (a), and subsections (c) to (e), inclusive, of this section, for the fiscal year ending June 30, 2006, the State Board of Education shall allocate two million thirty-nine thousand six hundred eighty-six dollars to the towns that rank one to three, inclusive, in population pursuant to subdivision (1) of said subsection (a), and for the fiscal year ending June 30, 2007, and each fiscal year thereafter, the State Board of Education shall allocate two million six hundred ten thousand seven hundred ninety-eight dollars to the towns that rank one to three, inclusive, in population pursuant to subdivision (1) of said subsection (a).

(g) In addition to the amounts allocated in subsection (a) and subsections (c) to (f), inclusive, of this section, for the fiscal year ending June 30, 2015, and each fiscal year thereafter, the State Board of Education shall allocate two million eight hundred eighty-two thousand three hundred sixty-eight dollars as follows: Each priority school district shall receive an allocation based on the ratio of the amount it is eligible to receive pursuant to subsection (a) of this section and subsections (c) to (f), inclusive, of this section to the total amount all priority school districts are eligible to receive pursuant to subsection (a) of this section and subsections (c) to (f), inclusive, of this section. For the fiscal year ending June 30, 2016, a priority school district may carry forward any unexpended funds allocated after May 1, 2016, pursuant to this subsection, into the fiscal year ending June 30, 2017.

(h) Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2008, and for each fiscal year thereafter, no town receiving a grant pursuant to this section shall receive a grant that is in an amount that is less than one hundred fifty dollars per pupil. For the purposes of this subsection, the amount of the grant on a per pupil basis shall be determined by dividing the total amount that a town receives for a grant under this section by the number of resident students, as defined in subdivision (22) of section 10-262f, of the local or regional school district for which the town receives a grant under this section.

(i) In addition to the amounts allocated in subsection (a) and subsections (c) to (h), inclusive, of this section, for the fiscal year ending June 30, 2008, and each fiscal year thereafter, the State Board of Education shall allocate two million twenty thousand dollars to the town ranked sixth when all towns are ranked from highest to lowest in population, based on the most recent federal decennial census, except that for the fiscal year ending June 30, 2015, and each fiscal year thereafter, the State Board of Education shall allocate two million two hundred seventy thousand dollars to said town.

(j) Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2016, and each fiscal year thereafter, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.

(P.A. 84-265, S. 1, 4; P.A. 87-499, S. 18, 34; P.A. 92-262, S. 30, 42; P.A. 93-145, S. 4, 6; P.A. 93-263, S. 13, 14; P.A. 94-245, S. 3, 46; P.A. 95-226, S. 24, 29, 30; P.A. 96-178, S. 5, 18; P.A. 97-318, S. 6, 12; June 18 Sp. Sess. P.A. 97-2, S. 14, 165; P.A. 99-224, S. 1-3, 9; June Sp. Sess. P. A. 01-1, S. 33, 54; P.A. 03-76, S. 35; 03-278, S. 116; P.A. 04-254, S. 4; P.A. 05-245, S. 27; P.A. 06-135, S. 27; June Sp. Sess. P.A. 07-3, S. 7; June Sp. Sess. P.A. 07-5, S. 47; P.A. 08-170, S. 3; Sept. Sp. Sess. P.A. 09-6, S. 35; P.A. 11-6, S. 57; 11-48, S. 201; P.A. 13-247, S. 171; P.A. 14-39, S. 11; 14-217, S. 109; June Sp. Sess. P.A. 15-5, S. 306, 335; May Sp. Sess. P.A. 16-2, S. 37, 38; P.A. 19-130, S. 2.)

History: P.A. 87-499 made the program permanent rather than a three-year pilot; P.A. 92-262 changed the eligibility criteria for the program, reduced the number of towns able to participate and changed the provisions pertaining to the allocation of funds; P.A. 93-145 amended Subdivs. (2) and (3) to include towns ranked to eleven instead of ten, changed the allocation for the towns described in Subdiv. (1) to grants of $1,000,000 each from 80% “of the amount appropriated for purposes of the program for grants in equal amounts” and for the towns described in Subdivs. (2) and (3) to grants of $500,000 each from 20% “of the amount so appropriated for grants in equal amounts” and made a technical change, effective July 1, 1993; P.A. 93-263 repealed section, effective July 1, 1995; P.A. 94-245 added Subsec. (b) re grants for the fiscal year ending June 30, 1995, effective June 2, 1994; P.A. 95-226 amended Subsec. (a) to require the rankings to be for the first fiscal year of each biennium, added Subsec. (b)(2) re grants for the fiscal years ending June 30, 1996, and June 30, 1997, and repealed P.A. 93-263, S. 13 which had repealed the section, effective July 1, 1995; P.A. 96-178 amended Subsec. (a) to allow the grants to be used to provide early childhood education or early reading intervention programs and added Subsec. (c) re further allocation for fiscal years commencing after July 1, 1996, and a requirement that an amount at least equal to 25% of the amount received pursuant to Subsec. (c) be used for early childhood education or reading intervention programs, effective July 1, 1996; P.A. 97-318 amended Subsec. (c) by deleting requirement to use at least 25% of funds for early childhood education or reading intervention programs, and added Subsec. (d) re additional funds, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) to replace “aid to families with dependent children” with “temporary family assistance”, effective July 1, 1997; P.A. 99-224 amended Subsec. (a) to stipulate that the allocation of the $1,000,000 to each of the eight towns described in Subdiv. (1) is subject to the provisions of Sec. 10-276a(c), amended Subsec. (b) to replace obsolete phase-out provisions for school districts that no longer qualify for grants pursuant to Subsec. (a) with a new phase-out formula for the fiscal years ending June 30, 2000, to June 30, 2002, inclusive, and amended Subsec. (d) to add provision for the allocation of shares in the $3,000,000 to continue for “each fiscal year thereafter”, effective July 1, 1999; June Sp. Sess. P.A. 01-1 amended Subsec. (a) to specify that the grant program includes the priority school district portions of the grant programs established pursuant to Secs. 10-16p, 10-265f, 10-265m and 10-266t, to specify that the component parts of the grant be allocated in accordance with said Secs. and to make technical changes, effective July 1, 2001; P.A. 03-76, effective June 3, 2003, and P.A. 03-278, effective July 9, 2003, made technical changes in Subsec. (a); P.A. 04-254 added Subsec. (e) re additional grant allocations beginning with the fiscal year ending June 30, 2005, effective July 1, 2004; P.A. 05-245 added Subsec. (f) re allocations for the fiscal years ending June 30, 2006, and June 30, 2007, effective July 1, 2005; P.A. 06-135 added Subsec. (g) re allocations for fiscal year ending June 30, 2007, and each fiscal year thereafter, effective July 1, 2006; June Sp. Sess. P.A. 07-3 added Subsecs. (h) and (i) re minimum per pupil grant and re town ranked the sixth largest in population, effective July 1, 2007; June Sp. Sess. P.A. 07-5 amended Subsec. (f) to extend allocation of $2,610,798 through the fiscal year ending June 30, 2009, and amended Subsec. (g) to increase amount of allocation to $4,750,990, effective October 6, 2007; P.A. 08-170 amended Subsec. (g) to reduce funding for fiscal year ending June 30, 2009, and fiscal years thereafter, from $4,750,990 to $4,160,122, effective July 1, 2008; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (f) by replacing “June 30, 2008, and June 30, 2009” with “to June 30, 2011” and amended Subsec. (g) by replacing “four million one hundred sixty thousand one hundred twenty-two” with “three million seven hundred forty thousand five hundred seventy-three”, effective October 5, 2009; P.A. 11-6 amended Subsec. (g) by reducing funding for fiscal year ending June 30, 2012, from $3,740,573 to $3,216,908 and adding funding for fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 11-48 amended Subsec. (f) by replacing “2011” with “2013”, effective July 1, 2011; P.A. 13-247 amended Subsec. (i) by increasing allocation from $650,000 to $2,020,000, effective July 1, 2013; P.A. 14-39 amended Subsec. (a) by deleting references to Sec. 10-16p and to early childhood education, effective July 1, 2014; P.A. 14-217 amended Subsec. (f) by replacing reference to June 30, 2013, with reference to June 30, 2015, and amended Subsec. (g) by deleting “and each fiscal year thereafter”, replacing reference to June 30, 2013, with reference to June 30, 2014, changing allocation amount therefor from $2,929,364 to $2,925,481, adding provision re allocation for fiscal year ending June 30, 2015 and adding provision re carry forward of unexpended funds into fiscal year ending June 30, 2015, effective June 13, 2014; June Sp. Sess. P.A. 15-5 amended Subsec. (i) by adding exception re allocation of $2,200,070 for fiscal year ending June 30, 2015, and added Subsec. (j) re proportional reduction of grants for fiscal year ending June 30, 2016, and each fiscal year thereafter, effective July 1, 2015; May Sp. Sess. P.A. 16-2 amended Subsec. (f) by replacing “to June 30, 2015” with “and each fiscal year thereafter”, amended Subsec. (g) by deleting provisions re allocation for fiscal years ending June 30, 2012, and June 30, 2014, adding “and each fiscal year thereafter” in provision re allocation for fiscal year ending June 30, 2015, and replacing “2014” with “2016” and replacing “2015” with “2017” in provision re carry forward of unexpended funds and amended Subsec. (i) by adding “and each fiscal year thereafter” and replacing $2,200,070 with $2,270,000 in provision re fiscal year ending June 30, 2015, effective June 2, 2016; P.A. 19-130 amended Subsec. (a) by deleting references to Secs. 10-265f, 10-265m and 10-266t, deleting “and its component parts” and making technical and conforming changes, effective July 1, 2019.

Sec. 10-266q. Proposals and plans for expenditure of grant. (a) On or before September fifteenth of each fiscal year in which payment is to be made, the State Board of Education shall authorize grant awards. A grant award shall be authorized only after (1) a proposal for such grant has been submitted to the Commissioner of Education by the local board of education for a school district described in section 10-266p, at such time and in such manner as the commissioner shall prescribe, and after the commissioner and such school district have reached agreement regarding how such grant shall be expended, or (2) for the school years commencing July 1, 2022, to July 1, 2024, inclusive, the commissioner has developed a plan for the expenditure of such grant for a local board of education described in subdivision (3) of subsection (c) of this section in accordance with the provisions of said subdivision. Each proposal or plan shall be based on a three-year project plan and include, but not be limited to, an explanation of project goals, objectives, evaluation strategies and budget which shall identify local funding and other resource contributions for the three-year period.

(b) Except as otherwise provided in subsection (c) of this section, for the school year commencing July 1, 2019, and each school year thereafter, a priority school district grant shall be payable to the local board of education for a school district described in section 10-266p, which shall expend such grant for any of the following uses: (1) The creation or expansion of programs or activities related to dropout prevention, (2) alternative and transitional programs for students having difficulty succeeding in traditional educational programs, (3) academic enrichment, tutorial and recreation programs or activities in school buildings during nonschool hours and during the summer, (4) development or expansion of extended-day kindergarten programs, (5) development or expansion of ­scientifically-based reading research and instruction, as defined in section 10-14u, including summer and after-school programs, (6) enhancement of the use of technology to support instruction or improve parent and teacher communication, (7) initiatives to strengthen parent involvement in the education of children, and parent and other community involvement in school and school district programs, activities and educational policies, which may be in accordance with the provisions of section 10-4g, (8) for purposes of obtaining accreditation for elementary and middle schools from the New England Association of Schools and Colleges, (9) numeracy instruction, or (10) support to chronically absent children, as defined in section 10-198c, and reducing the district chronic absenteeism rate, as defined in section 10-198c. Each such board of education shall use at least twenty per cent of its grant for scientifically-based reading research and instruction, as defined in section 10-14u. Each such board of education shall use its grant to supplement existing programs or create new programs. If the State Board of Education finds that any such grant is being expended for uses other than those described in subdivisions (1) to (10), inclusive, of this subsection or is being used to decrease the local share of support for schools, it may require repayment of such grant to the state.

(c) (1) Not later than March 1, 2022, the Commissioner of Education shall determine whether the accountability index, as defined in section 10-223e, for each local board of education for a school district described in section 10-266p has improved during the school years commencing July 1, 2018, to July 1, 2020, inclusive.

(2) For the school years commencing July 1, 2022, to July 1, 2024, inclusive, any such board whose accountability index has improved during the school years commencing July 1, 2018, to July 1, 2020, inclusive, shall (A) submit a proposal to the commissioner in accordance with the provisions of subdivision (1) of subsection (a) of this section, and (B) expend the priority school district grant for any of the uses described in subdivisions (1) to (10), inclusive, of subsection (b) of this section.

(3) For the school years commencing July 1, 2022, to July 1, 2024, inclusive, if the accountability index for any such board has not improved during the school years commencing July 1, 2018, to July 1, 2020, inclusive, then the commissioner shall (A) develop a three-year plan for the expenditure of the priority school district grant for such board, and (B) expend such grant for any of the following uses: (i) Scientifically-based reading research and instruction, as defined in section 10-14u, (ii) numeracy instruction, and (iii) support to chronically absent children, as defined in section 10-198c, and reducing the district chronic absenteeism rate, as defined in section 10-198c.

(d) Each priority school district grant shall be awarded by the State Board of Education on an annual basis. Funding in subsequent years shall be based on funds available, annual application and program evaluation.

(P.A. 84-265, S. 2, 4; P.A. 87-499, S. 19, 34; P.A. 89-355, S. 12, 20; P.A. 92-262, S. 31, 42; P.A. 93-145, S. 5, 6; 93-263, S. 13, 14; P.A. 94-245, S. 1, 46; P.A. 95-226, S. 29, 30; 95-259, S. 19, 32; P.A. 96-178, S. 6, 18; P.A. 97-290, S. 22, 29; 97-318, S. 7, 12; P.A. 19-130, S. 1.)

History: P.A. 87-499 deleted the exceptions for the first year of the program in Subsecs. (a) to (c), inclusive, deleted provision re grant renewal in Subsec. (e), in Subsec. (f) added that set-aside be used for evaluation services and made technical changes; P.A. 89-355 in Subsec. (d) added that the funds may be used for activities related to dropout prevention and that the funds shall be used to strengthen parent and community involvement in education and added new Subsec. (g) re grants for certain dropout prevention programs; P.A. 92-262 removed provisions pertaining to designation as a priority school district and allocation of funds, including funds for administration, formerly found in Subsecs. (a), (f) and (g), relettering remaining Subsecs. accordingly; P.A. 93-145 provided for the use of funds for any of the programs described in Subdivs. (1) to (3), inclusive, and removed the requirement that a district have programs described in each Subdiv., effective July 1, 1993; P.A. 93-263 repealed section, effective July 1, 1995; P.A. 94-245 amended Subsec. (b) to add Subdiv. (2) to allow the use of funds for academic enrichment, tutorial and recreation programs or activities in school buildings during nonschool hours and to renumber the remaining Subdivs., effective June 2, 1994; P.A. 95-226 repealed P.A. 93-263, S. 13 which had repealed the section, effective July 1, 1995; P.A. 95-259 amended Subsec. (b) to make a technical change, effective July 6, 1995; P.A. 96-178 amended Subsec. (b) to insert new Subdiv. (4) re development or expansion of early childhood education or early reading intervention programs and designated existing Subdiv. (4) as Subdiv. (5), effective July 1, 1996; P.A. 97-290 and P.A. 97-318 both amended Subsec. (b) to insert new provisions re alternative and transitional programs as Subdiv. (2), renumbering existing Subdivs., to add summer programs in Subdiv. (3), to include summer and after-school programs in Subdiv. (5), to add new Subdiv. (6) re enhancement of the use of technology and to add Subdiv. (8) re accreditation, effective July 1, 1997; P.A. 19-130 amended Subsec. (a) by designating existing provision re submission of proposal by board of education for how grant will be expended as Subdiv. (1), adding Subdiv. (2) re ­commissioner-developed plan for expenditure of grant, and deleting provision re proposals to give priority to development or expansion of extended-day kindergarten, amended Subsec. (b) by adding “Except as otherwise provided in subsection (c) of this section, for the school year commencing July 1, 2019, and each school year thereafter, a”, replacing “use the funds for any of the following” with “expend such grant for any of the following uses”, replacing “early reading intervention programs” with “scientifically-based reading research and instruction, as defined in section 10-14u”, adding Subdiv. (9) re numeracy instruction, adding Subdiv. (10) re support to chronically absent children and reducing district chronic absenteeism rate, and replacing “used for other purposes” with “expended for uses other than those described in subdivisions (1) to (10), inclusive, of this subsection”, added new Subsec. (c) re determination of whether accountability index has improved and expenditure of grant in accordance with proposal or plan, redesignated existing Subsec. (c) as Subsec. (d), and made technical and conforming changes, effective July 1, 2019.

Sec. 10-266r. Evaluation of program. Financial statement of expenditures. (a) The State Board of Education shall prepare an evaluation of the priority school district grant program not later than July 1, 2020, and annually thereafter.

(b) Each school district participating in the priority school district grant program shall prepare an annual program evaluation, which shall include a description of program activities and whether such program is (1) improving student achievement and enhancing educational opportunities in the school district, and (2) achieving the objectives and performance targets approved by the Commissioner of Education as stated in the proposal submitted by the school district pursuant to subdivision (1) of subsection (a) of section 10-266q or the plan developed by the commissioner pursuant to subdivision (3) of subsection (c) of section 10-266q. Each such evaluation shall be submitted to the commissioner on or before August fifteenth of the fiscal year following each fiscal year in which the school district participated in the priority school district program.

(c) Not later than sixty days after the close of the school year, each local board of education which received a priority school district grant shall file with the commissioner a financial statement of expenditures in such form as the commissioner shall prescribe. The State Board of Education shall periodically review grant payments made pursuant to this section in order to determine that such state funds received are being used for the purposes specified in the application. On or before December thirty-first of the fiscal year following the fiscal year in which payment was received, each local board which received a priority school district grant shall file with the commissioner a financial audit in such form as prescribed by the commissioner.

(P.A. 84-265, S. 3, 4; P.A. 87-499, S. 20, 34; P.A. 91-401, S. 15, 20; P.A. 92-170, S. 12, 13, 26; 92-262, S. 32, 33, 42; P.A. 93-263, S. 13, 14; P.A. 95-226, S. 29, 30; P.A. 19-130, S. 3.)

History: P.A. 87-499 in Subsec. (a) inserted “December 15, 1990, and triennially thereafter” for February 15, 1987, and deleted the reference to the program as a “pilot”; P.A. 91-401 repealed requirement in Subsec. (c) that state board of education periodically audit grant payments, effective July 1, 1993; P.A. 92-170 amended Subsec. (a) to remove a requirement that the evaluation be submitted to the general assembly; P.A. 92-262 removed references to regional boards of education; P.A. 93-263 repealed section, effective July 1, 1995; P.A. 95-226 repealed P.A. 93-263, S. 13 which had repealed the section, effective July 1, 1995; P.A. 19-130 amended Subsec. (a) by replacing “December 15, 1990” with “July 1, 2020” and replacing “triennially” with “annually”, amended Subsec. (b) by deleting “documentation of program improvement and student achievement”, adding Subdiv. (1) re whether program is improving student achievement and enhancing educational opportunities, adding Subdiv. (2) re whether program is achieving objectives and performance targets approved by commissioner as stated in proposal or plan, and made technical and conforming changes, effective July 1, 2019.