Sec. 10-264h. Grants for capital expenditures for interdistrict magnet school facilities.
Sec. 10-264h. Grants for capital expenditures for interdistrict magnet school
facilities. (a)(1) For the fiscal year ending June 30, 1996, until the fiscal year ending
June 30, 2003, a local or regional board of education, regional educational service center
or a cooperative arrangement pursuant to section 10-158a for purposes of an interdistrict
magnet school may be eligible for reimbursement up to the full reasonable cost of any
capital expenditure for the purchase, construction, extension, replacement, leasing or
major alteration of interdistrict magnet school facilities, including any expenditure for
the purchase of equipment, in accordance with this section. (A) For the fiscal year ending
June 30, 2004, and each fiscal year thereafter, such entities, and (B) for the fiscal year
ending June 30, 2008, and each fiscal year thereafter, the following entities that operate
an interdistrict magnet school that assists 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 determined
by the commissioner: (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 college or university, as defined in section 10a-37, or
the equivalent of such a board, on behalf of the independent college or university, and
(v) any other third-party not-for-profit corporation approved by the commissioner may
be eligible for reimbursement up to ninety-five per cent of such cost. To be eligible for
reimbursement under this section a magnet school construction project shall meet the
requirements for a school building project established in chapter 173, except that the
Commissioner of Education may waive any requirement in such chapter for good cause.
On and after July 1, 1997, the commissioner shall approve only applications for reimbursement under this section that he finds will reduce racial, ethnic and economic isolation.
(2) (A) Not later than July 1, 2007, the Commissioner of Education and the president of the Connecticut Science Center, Inc. shall enter into a memorandum of understanding establishing the parameters within which the center shall operate as and be
given the status of a state-wide magnet science learning center. Upon achieving such
status, the Connecticut Science Center, Inc. shall be eligible to apply for, in accordance
with the provisions of subparagraph (B) of this subdivision, a grant of reimbursement
of ninety-five per cent of any expenditures for the construction, replacement, alteration
or repair of its facilities, including the reasonable and necessary costs for major exhibits.
The Connecticut Science Center, Inc. may fund its five per cent share of expenditures
from private contributions.
(B) To be eligible to receive a grant pursuant to this subdivision, the Connecticut
Science Center, Inc. shall file an application with the Commissioner of Education in
such form and manner as the commissioner prescribes. Construction projects at the
magnet science learning center shall meet the requirements of chapter 173, except that
the commissioner may waive any requirements in such chapter for good cause.
(b) Subject to the provisions of subsection (a) of this section, the applicant shall
receive current payments of scheduled estimated eligible project costs for the facility,
provided (1) the applicant files an application for a school building project, in accordance
with section 10-283 by the date prescribed by the commissioner, (2) final plans and
specifications for the project are approved pursuant to sections 10-291 and 10-292,
and (3) such district submits to the commissioner, in such form as the commissioner
prescribes, and the commissioner approves a plan for the operation of the facility which
includes, but need not be limited to: A description of the educational programs to be
offered, the completion date for the project, an estimated budget for the operation of
the facility, written commitments for participation from the districts that will participate
in the school and an analysis of the effect of the program on the reduction of racial,
ethnic and economic isolation. The commissioner shall notify the secretary of the State
Bond Commission when the provisions of subdivisions (1) and (3) of this subsection
have been met. Upon application to the Commissioner of Education, compliance with
the provisions of subdivisions (1) and (3) of this subsection and after authorization by
the General Assembly pursuant to section 10-283, the applicant shall be eligible to
receive progress payments in accordance with the provisions of section 10-287i.
(c) (1) If the school building ceases to be used as an interdistrict magnet school
facility and the grant was provided for the purchase or construction of the facility, the
commissioner shall determine whether (A) title to the building and any legal interest in
appurtenant land shall revert to the state or (B) the school district shall reimburse the
state an amount equal to the difference between the amount received pursuant to this
section and the amount the district would have been eligible to receive based on the
percentage determined pursuant to section 10-285a multiplied by the estimated eligible
project costs. (2) If the school building ceases to be used as an interdistrict magnet school
facility and the grant was provided for the extension or major alteration of the facility,
the school district shall reimburse the state the amount determined in accordance with
subparagraph (B) of subdivision (1) of this subsection. A school district receiving a
request for reimbursement pursuant to this subdivision shall reimburse the state not later
than the close of the fiscal year following the year in which the request is made. If the
school district fails to so reimburse the state, the Department of Education may withhold
such amount from the total sum which is paid from the State Treasury to such school
district or the town in which it is located or, in the case of a regional school district, the
towns which comprise the school district. If the amount paid from the State Treasury
is less than the amount due, the department may refer the matter to the Department of
Administrative Services for collection.
(d) The commissioner shall provide for a final audit of all project expenditures
pursuant to this section and may require repayment of any ineligible expenditures.
(P.A. 93-263, S. 9, 14; May Sp. Sess. P.A. 94-2, S. 177, 203; P.A. 95-226, S. 22, 30; P.A. 97-265, S. 84, 98; 97-290,
S. 15, 29; P.A. 98-252, S. 20, 63, 80; 98-259, S. 2, 17; May 9 Sp. Sess. P.A. 02-5, S. 7; May 9 Sp. Sess. P.A. 02-6, S. 2;
P.A. 07-249, S. 21; P.A. 08-169, S. 27.)
History: P.A. 93-263 effective June 28, 1993; May Sp. Sess. P.A. 94-2 amended Subsec. (a) to substitute current
payments of scheduled estimated eligible project costs for a lump sum payment equal to the highest percentage rate
determined pursuant to Sec. 10-285a multiplied by estimated eligible project costs and provided for a grant in an amount
equal to 5% of the amount authorized and allocated for the project upon compliance with the provisions of Subdivs. (1)
and (3), amended Subsec. (b) to provide for reimbursement to the state of the difference between the amount received
pursuant to this section and the amount the school district would have been eligible to receive based on the percentage
determined pursuant to Sec. 10-285a multiplied by the estimated eligible project costs if within three years after completion
of the project children from at least two or more school districts are not participating in the school and to provide, in such
a case, if the school district does not reimburse the state, title to the building shall revert to the state, inserted a new Subsec.
(c) on a final audit and relettered Subsec. (c) as Subsec. (d), effective June 21, 1994; P.A. 95-226 divided Subsec. (a) into
Subsecs. (a) and (b) and relettered the remaining Subsecs., in Subsec. (a) specified that the cost be "reasonable", added
the requirement concerning chapter 173 and made technical changes, in Subsec. (b) added the requirement for the plan to
include an estimated budget for the operation of the facility, specified that the project be authorized by the General Assembly
and made technical changes, deleted former Subsec. (d) re reversion and added similar provision to Subsec. (c), and in
Subsec. (c) replaced provision requiring the school district to reimburse the state if within three years of completion of the
project students from two or more school districts are not participating in the school with provision allowing the commissioner to decide between reversion and reimbursement if the school building ceases to be used for the purpose for which
the grant was provided, effective July 1, 1995; P.A. 97-265 amended Subsec. (a) to make a technical change, effective
July 1, 1997; P.A. 97-290 amended Subsec. (a) to add provisions re cooperative arrangements for the purposes of an
interdistrict magnet school and the limitation on the approval of applications on and after July 1, 1997, to applications that
the commissioner finds will reduce racial, ethnic and economic isolation, and amended Subsec. (b) to add the requirement
for the plan to include an analysis of the effect of the program on the reduction of racial, ethnic and economic isolation,
effective July 1, 1997; P.A. 98-252 and P.A. 98-259 both amended Subsec. (b) to replace a grant in the amount of 5% of
the amount authorized for the project with progress payments in accordance with Sec. 10-287i, effective July 1, 1998, and
P.A. 98-252 further amended Subsec. (c) to designate existing provisions as Subdiv. (1) and limit applicability to grants
for purchase or construction of a facility and to add new Subdiv. (2) re grants for extension or major alteration of a facility,
effective June 8, 1998; May 9 Sp. Sess. P.A. 02-5 amended Subsec. (a) by making existing provisions re full reimbursement
applicable until June 30, 2002, and by adding provisions re 95% reimbursement for the fiscal year ending June 30, 2003,
and fiscal years thereafter, effective July 1, 2002; May 9 Sp. Sess. P.A. 02-6 amended Subsec. (a) by delaying change from
full reimbursement to 95% reimbursement until the fiscal year ending June 30, 2004, and fiscal years thereafter, effective
July 1, 2002; P.A. 07-249 amended Subsec. (a) to designate existing language as Subdiv. (1) and add Subdiv. (2) re
Connecticut Science Center, Inc., effective July 10, 2007; P.A. 08-169 amended Subsec. (a)(1) to designate existing
language re fiscal year ending June 30, 2004, as Subpara. (A) and to add Subpara. (B) re fiscal year ending June 30, 2008,
and each fiscal year thereafter, and additional entities that operate magnet schools, effective July 1, 2008.