Sec. 10-281. Transportation for pupils in nonprofit private schools within school district.
Sec. 10-281. Transportation for pupils in nonprofit private schools within
school district. (a) Any municipality or school district shall provide, for its children
enrolled in any grade, from kindergarten to twelve, inclusive, attending nonpublic nonprofit schools therein, the same kind of transportation services provided for its children
in such grades attending public schools when a majority of the children attending such
a nonpublic school are residents of the state of Connecticut. Such determination shall
be based on the ratio of pupils who are residents to all pupils enrolled in each such
school on October first or the full school day immediately preceding such date, during
the school year next preceding that in which the transportation services are to be provided. For purposes of this section, residency means continuous and permanent physical
presence within the state, except that temporary absences for short periods of time shall
not affect the establishment of residency. In no case shall a municipality or school district
be required to expend for transportation to any nonpublic school, in any one school year,
a per pupil transportation expenditure greater than an amount double the local per pupil
expenditure for public school transportation during the last completed school year. In
the event that such per pupil expenditure for transportation to a nonprofit nonpublic
school may exceed double the local per pupil expenditure, the municipality or school
district may allocate its share of said transportation on a per pupil, per school basis and
may pay, at its option, its share of said transportation directly to the provider of the
transportation services on a monthly basis over the period such service is provided or
provide such service for a period of time which constitutes less than the entire school
year. Any such municipality or school district providing transportation services under
this section may suspend such services in accordance with the provisions of section
10-233c. Any such municipality or school district providing transportation under this
section shall be reimbursed only for the cost of such transportation as is required by this
section upon the same basis and in the same manner as such municipality or school
district is reimbursed for transporting children attending its public schools. The parent
or guardian of any student who is denied the kind of transportation services required to
be provided by this section may seek a remedy in the same manner as is provided for
parents of public school children in section 10-186 and section 10-187.
(b) Notwithstanding the provisions of this section, for the fiscal years ending June
30, 2004, to June 30, 2009, inclusive, 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 purposes of
this section.
(1957, P.A. 547, S. 1, 2; 1971, P.A. 653, S. 1, 2; 871, S. 80; P.A. 74-257, S. 1, 3; P.A. 75-479, S. 9, 25; P.A. 76-85;
P.A. 78-218, S. 192; P.A. 83-119, S. 7, 8; 83-252, S. 1, 2; P.A. 85-249, S. 2, 3; P.A. 93-353, S. 27, 52; June 30 Sp. Sess.
P.A. 03-6, S. 203; P.A. 04-26, S. 7; P.A. 05-245, S. 15; June Sp. Sess. P.A. 07-3, S. 2.)
History: 1971 acts made town's provision of transportation to nonprofit private schools mandatory when majority of
students come from that town, rather than optional, allowed reimbursement for cost, deleted obsolete reference to decision
to be rendered under Subsec. (b) and deleted Subsec. (b) itself; P.A. 74-257 required provision of transportation to nonprofit
private schools when majority of students come from Connecticut rather than from the municipality; P.A. 75-479 limited
amount required to be spent for private school transportation to double the amount spent per pupil locally; P.A. 76-85
added provision for redress of grievance re denial of transportation; P.A. 78-218 substituted "municipality" for "town, city
or borough"; P.A. 83-119 allowed board to suspend transportation services in accordance with Sec. 10-233c; P.A. 83-252
established procedure for determining when a majority of students attending nonpublic schools are from the state and
allowed costs in excess of the maximum expenditure required to be allocated on a per pupil, per school basis and payment
of such excess costs to be made directly to the provider of transportation services or to be made for less than the entire
school year; P.A. 85-249 amended section to specify that transportation services are to be provided for private nonprofit
school children in grades kindergarten to twelve and to add definition of residency; P.A. 93-353 changed the method for
determining whether the majority of the students attending a school are residents of the state and removed the requirement
to base such determination on enrollment on May first as well as October first, effective July 1, 1993; June 30 Sp. Sess.
P.A. 03-6 designated existing provision as Subsec. (a) and added Subsec. (b) re proportional reductions in grants for the
fiscal years ending June 30, 2004, and June 30, 2005, effective August 20, 2003; P.A. 04-26 made a technical change in
Subsec. (b), effective April 28, 2004; P.A. 05-245 amended Subsec. (b) to extend the proportional reduction of grants
through the fiscal year ending June 30, 2007, effective July 1, 2005; June Sp. Sess. P.A. 07-3 amended Subsec. (b) to
extend proportional reduction of grants through fiscal year ending June 30, 2009, effective July 1, 2007.
Held constitutional as long as "school fund" not used for transportation purposes. 147 C. 374 (one dissent). "Same kind
of transportation services" means that children attending nonpublic schools will ride to and from school under same safe
and reliable conditions as students transported to public schools. It does not mean that they shall be transported only on
days when public schools are in session. 243 C. 772.