Sec. 10-262j. Minimum expenditure requirement.
Sec. 10-262j. Minimum expenditure requirement. (a) For the fiscal years ending
June 30, 1990, June 30, 1991, June 30, 1992, and June 30, 1993, the regular program
expenditures of a town shall be not less than the greater of (1) the product of (A) the
target foundation multiplied by the number of total need students of the town for the
prior school year, and (B) the ratio of the town's grant entitlement for such year pursuant
to section 10-262h divided by the town's target grant, or (2) an amount equal to the sum
of (A) the regular program expenditures for the town for the prior fiscal year, and (B)
the amount of the aid increase paid to the town as calculated pursuant to subsection (b)
of this section.
(b) For the purposes of subsection (a) of this section, the amount of the aid increase
paid to a town shall be (1) for the fiscal year ending June 30, 1990, the amount of aid
to be paid to the town for the fiscal year ending June 30, 1990, pursuant to section 10-262i, less the base aid for the town, (2) for the fiscal year ending June 30, 1991, the
amount of aid paid to the town for the fiscal year ending June 30, 1991, pursuant to said
section, less the amount of aid paid to the town for the fiscal year ending June 30, 1990,
pursuant to said section, (3) for the fiscal year ending June 30, 1992, the amount of aid
paid to the town for the fiscal year ending June 30, 1992, pursuant to said section, less
the amount of aid paid to the town for the fiscal year ending June 30, 1991, pursuant to
said section, (4) for the fiscal year ending June 30, 1993, the amount of aid paid to the
town for the fiscal year ending June 30, 1993, less the amount of aid paid to the town
for the fiscal year ending June 30, 1992, pursuant to said section, (5) for the fiscal years
ending June 30, 1994, and June 30, 1995, the amount of aid paid to the town for the
fiscal year pursuant to said section, less the amount of aid paid to the town for the prior
fiscal year pursuant to said section, (6) for the fiscal year ending June 30, 1996, the
amount paid to the town for the fiscal year ending June 30, 1996, pursuant to said section
less base revenue for the fiscal year ending June 30, 1995, (7) for the fiscal year ending
June 30, 1997, the amount paid to the town for the fiscal year ending June 30, 1997,
less the amount paid to the town for the fiscal year ending June 30, 1996, pursuant to
said section, (8) for the fiscal year ending June 30, 1998, the amount paid to the town
for the fiscal year ending June 30, 1998, less the amount paid to the town for the fiscal
year ending June 30, 1997, pursuant to said section, (9) for the fiscal year ending June
30, 1999, the amount paid to the town for the fiscal year ending June 30, 1999, less the
amount paid to the town for the fiscal year ending June 30, 1998, pursuant to said section,
and (10) for the fiscal year ending June 30, 2000, and each fiscal year thereafter, the
amount paid to the town for said fiscal year, less the amount paid to the town for the
year prior to said fiscal year, provided any amounts paid pursuant to section 7 of public
act 99-217* shall be included in the determination of the aid increase paid to the town.
(c) Notwithstanding the provisions of subsection (a) of this section, for the years
ending June 30, 1990, June 30, 1991, June 30, 1992, and June 30, 1993, no town shall
be required to spend more on regular program expenditures than an amount equal to the
product of the foundation for such year and the total need students of the town for the
prior school year.
(d) (1) For the year ending June 30, 1994, the regular program expenditures of a
town shall be not less than the greater of the foundation for such year multiplied by the
total need students of the town for the prior school year or an amount equal to the sum
of (A) the regular program expenditures for the town for the prior fiscal year, and (B)
the amount of the aid increase paid to the town as calculated pursuant to subsection (b)
of this section, except that no town shall be required to spend more on regular program
expenditures than one hundred five per cent of the product of the foundation for such
year and the total need students of the town for the prior school year.
(2) For the fiscal year ending June 30, 1995, the regular program expenditures of
a town shall be not less than the greater of the foundation for such year multiplied by
the total need students of the town for the prior school year or an amount equal to the
sum of (A) the regular program expenditures for the town for the prior fiscal year, and
(B) the amount of the aid increase paid to the town as calculated pursuant to subsection
(b) of this section, except that no town shall be required to spend more on regular program
expenditures than one hundred ten per cent of the product of the foundation for such
year and the total need students of the town for the prior school year.
(3) For the fiscal years ending June 30, 1996, and June 30, 1997, the regular program
expenditures of a town shall not be less than the lesser of (A) the sum of the regular
program expenditures for the town for the prior fiscal year, and the amount of the aid
increase paid to a town pursuant to subsection (b) of this section, or (B) the sum of
the town's minimum expenditure requirement cap as determined by the Department of
Education for the fiscal year ending June 30, 1995, and the sum of any aid increases
paid to a town pursuant to subsection (b) of this section after the fiscal year ending June
30, 1995.
(4) For the fiscal year ending June 30, 1998, the regular program expenditures of
a town shall be the lesser of the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 1997, (B) its aid increase pursuant to subsection (b) of
this section, and (C) the result obtained by multiplying the difference between the town's
resident student count for October 1996, using the data of record as of December 1,
1996, and its final audited resident student count for October 1993, by one-half of the
foundation, or the sum of (i) its minimum expenditure requirement for the fiscal year
ending June 30, 1997, and (ii) its aid increase pursuant to subsection (b) of this section.
(5) For the fiscal year ending June 30, 1999, the regular program expenditures of
a town shall be the lesser of the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 1998, (B) its aid increase pursuant to subsection (b) of
this section, and (C) the result obtained by multiplying the difference between the town's
resident student count for October 1997, using the data of record as of December 1,
1997, and the town's resident student count for October 1996, using the data of record
as of December 1, 1996, by one-half of the foundation, or the sum of (i) its minimum
expenditure requirement for the fiscal year ending June 30, 1998, and (ii) its aid increase
pursuant to subsection (b) of this section.
(6) For the fiscal year ending June 30, 2000, the regular program expenditures of
a town shall be no less than the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 1999, (B) its aid increase pursuant to subsection (b) of
this section, and (C) the result obtained by multiplying the difference between the town's
resident student count for October 1998, using the data of record as of December 1,
1998, and the town's resident student count for October 1997, using the data of record
as of December 1, 1997, by one-half of the foundation.
(7) For the fiscal year ending June 30, 2001, the regular program expenditures of
a town shall be no less than the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 2000, (B) its aid increase pursuant to subsection (b) of
this section, and (C) if the resident student count for October 1999, is less than the
resident student count for October 1998, the result obtained by multiplying the difference
between the town's resident student count for October 1999, using the data of record
as of December 1, 1999, and the town's resident student count for October 1998, using
the data of record as of December 1, 1998, by one-half of the foundation.
(8) For the fiscal year ending June 30, 2002, the regular program expenditures of
a town shall be no less than the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 2001, (B) its aid increase pursuant to subsection (b) of
this section, and (C) if the resident student count for October 2000, is less than the
resident student count for October 1999, the result obtained by multiplying the difference
between the town's resident student count for October 2000, using the data of record
as of December 1, 2000, and the town's resident student count for October 1999, using
the data of record as of December 1, 1999, by one-half of the foundation.
(9) For the fiscal year ending June 30, 2003, the regular program expenditures of
a town shall be no less than the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 2002, (B) its aid increase pursuant to subsection (b) of
this section, and (C) if the resident student count for October 2001, is less than the
resident student count for October 2000, the result obtained by multiplying the difference
between the town's resident student count for October 2001, using the data of record
as of December 1, 2001, and the town's resident student count for October 2000, using
the data of record as of December 1, 2000, by one-half of the foundation.
(10) For the fiscal year ending June 30, 2004, the regular program expenditures of
a town shall be no less than the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 2003, (B) its aid increase pursuant to subsection (b) of
this section, and (C) if the resident student count for October 2002, is less than the
resident student count for October 2001, the result obtained by multiplying the difference
between the town's resident student count for October 2002, using the data of record
as of December 1, 2002, and the town's resident student count for October 2001, using
the data of record as of December 1, 2001, by one-half of the foundation.
(11) For the fiscal year ending June 30, 2005, the regular program expenditures of
a town shall be no less than the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 2004, (B) its aid increase pursuant to subsection (b) of
this section, and (C) if the resident student count for October 2003, is less than the
resident student count for October 2002, the result obtained by multiplying the difference
between the town's resident student count for October 2003, using the data of record
as of December 1, 2003, and the town's resident student count for October 2002, using
the data of record as of December 1, 2002, by one-half of the foundation.
(12) For the fiscal year ending June 30, 2006, the regular program expenditures of
a town shall be no less than the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 2005, (B) its aid increase pursuant to subsection (b) of
this section, and (C) if the resident student count for October 2004, is less than the
resident student count for October 2003, the result obtained by multiplying the difference
between the town's resident student count for October 2004, using the data of record
as of December 1, 2004, and the town's resident student count for October 2003, using
the data of record as of December 1, 2003, by one-half of the foundation.
(13) For the fiscal year ending June 30, 2007, the regular program expenditures of
a town shall be no less than the sum of (A) its minimum expenditure requirement for
the fiscal year ending June 30, 2006, (B) its aid increase pursuant to subsection (b) of
this section, and (C) if the resident student count for October, 2005 is less than the
resident student count for October, 2004 the result obtained by multiplying the difference
between the town's resident student count for October, 2005 using the data of record
as of December 1, 2005, and the town's resident student count for October, 2004 using
the data of record as of December 1, 2004, by one-half of the foundation.
(e) (1) Notwithstanding the provisions of subsections (a), (b) and (c) of this section:
(A) For the fiscal years ending June 30, 1990, June 30, 1991, June 30, 1992, and June
30, 1993, the regular program expenditures of a kindergarten to grade twelve, inclusive,
regional school district shall not be less than the greater of (i) the product of (I) the target
foundation multiplied by the sum of the number of total need students in the member
towns in the regional school district for the prior school year, and (II) the ratio of the
sum of the member towns' grant entitlements for such year pursuant to section 10-262h
divided by the sum of the member towns' target grants, or (ii) an amount equal to the
sum of (I) the regular program expenditures for the regional school district for the prior
fiscal year, and (II) the amount of the sum of the aid increases paid to the member towns
as calculated pursuant to subsection (b) of this section, provided no kindergarten to
grade twelve, inclusive, regional school district shall be required to spend more on
regular program expenditures than an amount equal to the product of the foundation for
such year and the sum of the total need students in the member towns of the regional
school district for the prior school year; and (B) for the year ending June 30, 1993, and
for each fiscal year thereafter, the regular program expenditures of a kindergarten to
grade twelve, inclusive, regional school district shall be not less than the foundation for
such year multiplied by the sum of the total need students of all member towns for the
prior school year.
(2) Notwithstanding the provisions of subdivision (3) of subsection (d) of this section, for the fiscal years ending June 30, 1996, and June 30, 1997, the regular program
expenditures of a kindergarten to twelve, inclusive, regional school district shall not be
less than the lesser of (A) the sum of the regular program expenditures for the regional
school district for the prior fiscal year, and the sum of the member towns' aid increases
pursuant to subsection (b) of this section, or (B) the sum of the member towns' minimum
expenditure requirement caps as determined by the Department of Education for the
fiscal year ending June 30, 1995, and the sum of the member towns' aid increases paid
pursuant to subsection (b) of this section after the fiscal year ending June 30, 1995.
(f) For the purposes of this section "total need students" means total need students
as calculated using the data of record as of December first of such data 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.)
*Note: Section 7 of public act 99-217 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
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.
Cited. 228 C. 699. P.A. 89-124, Sec. 6 cited. Id. Minimum expenditure requirement (MER) cited. Id.