LCO No. 3960 1 of 37 General Assembly Raised Bill No. 948 January Session, 2021 LCO No. 3960 Referred to Committee on EDUCATION Introduced by: (ED) AN ACT ADDRESSING ED UCATION FUNDING AND RACIAL EQUITY IN CONNECTICUT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subdivision (22) of section 10-262f of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective July 1, 2 2021): 3 (22) "Resident students" means the number of pupils of the town 4 enrolled in public schools at the expense of the town on October first or 5 the full school day immediately preceding such date, [provided] except 6 (A) the number shall be decreased by the Department of Education for 7 failure to comply with the provisions of section 10-16, [and] (B) the 8 number shall be increased by one one-hundred-eightieth for each 9 full-time equivalent school day in the school year immediately 10 preceding such date of at least five hours of actual school work in excess 11 of one hundred eighty days and nine hundred hours of actual school 12 work and be increased by the full-time equivalent number of such 13 pupils attending the summer sessions immediately preceding such date 14 at the expense of the town, and (C) for the fiscal year ending June 30, 15 Raised Bill No. 948 LCO No. 3960 2 of 37 2022, the number of pupils of the town enrolled in public schools at the 16 expense of the town on October 1, 2019, or October 1, 2020, whichever 17 is greater; "enrolled" shall include pupils who are scheduled for vacation 18 on the above date and who are expected to return to school as 19 scheduled. Pupils participating in the program established pursuant to 20 section 10-266aa shall be counted in accordance with the provisions of 21 subsection (h) of section 10-266aa. 22 Sec. 2. Subdivision (25) of section 10-262f of the general statutes is 23 repealed and the following is substituted in lieu thereof (Effective July 1, 24 2021): 25 (25) "Total need students" means the sum of (A) the number of 26 resident students of the town for the school year, [(B) (i) for any school 27 year commencing prior to July 1, 1998, one-quarter the number of 28 children under the temporary family assistance program for the prior 29 fiscal year, and (ii) for the school years commencing July 1, 1998, to July 30 1, 2006, inclusive, one-quarter the number of children under the 31 temporary family assistance program for the fiscal year ending June 30, 32 1997, (C) for school years commencing July 1, 1995, to July 1, 2006, 33 inclusive, one-quarter of the mastery count for the school year, (D) for 34 school years commencing July 1, 1995, to July 1, 2006, inclusive, ten per 35 cent of the number of eligible children, as defined in subdivision (1) of 36 section 10-17e, for whom the board of education is not required to 37 provide a program pursuant to section 10-17f, (E) for the school years 38 commencing July 1, 2007, to July 1, 2012, inclusive, fifteen per cent of the 39 number of eligible students, as defined in subdivision (1) of section 10-40 17e, for whom the board of education is not required to provide a 41 program pursuant to section 10-17f, (F) for the school years commencing 42 July 1, 2007, to July 1, 2012, inclusive, thirty-three per cent of the number 43 of children below the level of poverty, (G) for the school years 44 commencing July 1, 2013, to July 1, 2016, inclusive, thirty per cent of the 45 number of children eligible for free or reduced price meals or free milk, 46 and (H)] (B) for the school year commencing July 1, 2021, (i) thirty per 47 cent of the number of children eligible for free or reduced price meals or 48 free milk on October 1, 2019, or October 1, 2020, whichever is greater, 49 Raised Bill No. 948 LCO No. 3960 3 of 37 (ii) fifteen per cent of the number of children eligible for free or reduced 50 price meals or free milk, on October 1, 2019, or October 1, 2020, 51 whichever is greater, in excess of the number of children eligible for free 52 or reduced price meals or free milk that is equal to sixty per cent of the 53 total number of resident students of the town on October 1, 2019, or 54 October 1, 2020, whichever is greater, and (iii) twenty-five per cent of 55 the number of resident students who are English language learners, as 56 defined in section 10-76kk on October 1, 2019, or October 1, 2020, 57 whichever is greater, and (C) for the school year commencing July 1, 58 [2017] 2022, and each school year thereafter, (i) thirty per cent of the 59 number of children eligible for free or reduced price meals or free milk, 60 (ii) [five] fifteen per cent of the number of children eligible for free or 61 reduced price meals or free milk in excess of the number of children 62 eligible for free or reduced price meals or free milk that is equal to 63 [seventy-five] sixty per cent of the total number of resident students of 64 the town for the school year, and (iii) [fifteen] twenty-five per cent of the 65 number of resident students who are English language learners, as 66 defined in section 10-76kk. 67 Sec. 3. Section 10-262h of the general statutes is repealed and the 68 following is substituted in lieu thereof (Effective July 1, 2021): 69 [(a) For the fiscal year ending June 30, 2018, each town maintaining 70 public schools according to law shall be entitled to an equalization aid 71 grant as follows: (1) Any town designated as an alliance district, as 72 defined in section 10-262u, shall be entitled to an equalization aid grant 73 in an amount equal to its base grant amount; and (2) any town not 74 designated as an alliance district shall be entitled to an equalization aid 75 grant in an amount equal to ninety-five per cent of its base grant 76 amount. 77 (b) For the fiscal year ending June 30, 2019, each town maintaining 78 public schools according to law shall be entitled to an equalization aid 79 grant as follows: (1) Any town whose fully funded grant is greater than 80 its base grant amount shall be entitled to an equalization aid grant in an 81 amount equal to its base grant amount plus four and one-tenth per cent 82 Raised Bill No. 948 LCO No. 3960 4 of 37 of its grant adjustment; and (2) any town whose fully funded grant is 83 less than its base grant amount shall be entitled to an equalization aid 84 grant in an amount equal to its base grant amount minus twenty-five 85 per cent of its grant adjustment, except any such town designated as an 86 alliance district shall be entitled to an equalization aid grant in an 87 amount equal to its base grant amount.] 88 [(c)] (a) For the fiscal years ending June 30, [2020] 2022, to June 30, 89 2027, inclusive, each town maintaining public schools according to law 90 shall be entitled to an equalization aid grant as follows: (1) Any town 91 whose fully funded grant is greater than its base grant amount shall be 92 entitled to an equalization aid grant in an amount equal to its 93 [equalization aid grant amount for the previous fiscal year plus ten and 94 sixty-six-one-hundredths per cent of its grant adjustment] fully funded 95 grant; and (2) any town whose fully funded grant is less than its base 96 grant amount shall be entitled to an equalization aid grant in an amount 97 equal to its equalization aid grant amount for the previous fiscal year 98 minus eight and thirty-three-one-hundredths per cent of its grant 99 adjustment, except any such town designated as an alliance district shall 100 be entitled to an equalization aid grant in an amount equal to its base 101 grant amount. 102 [(d)] (b) For the fiscal year ending June 30, 2028, and each fiscal year 103 thereafter, each town maintaining public schools according to law shall 104 be entitled to an equalization aid grant in an amount equal to its fully 105 funded grant, except any town designated as an alliance district whose 106 fully funded grant amount is less than its base grant amount shall be 107 entitled to an equalization aid grant in an amount equal to its base grant 108 amount. 109 Sec. 4. (NEW) (Effective July 1, 2021) (a) As used in this section, and 110 sections 10-65, 10-66ee, 10-264l and 10-266aa of the general statutes, as 111 amended by this act: 112 (1) "Choice program" means (A) an interdistrict magnet school 113 program, (B) a state charter school, (C) a regional agricultural science 114 Raised Bill No. 948 LCO No. 3960 5 of 37 and technology center, or (D) the interdistrict public school attendance 115 program pursuant to section 10-266aa of the general statutes, as 116 amended by this act. 117 (2) "Foundation" has the same meaning as provided in section 10-262f 118 of the general statutes, as amended by this act. 119 (3) "Resident students" has the same meaning as provided in section 120 10-262f of the general statutes, as amended by this act. 121 (4) "Resident choice program students" means the number of students 122 of a town enrolled or participating in a particular choice program. 123 (5) "Total need students" has the same meaning as provided in section 124 10-262f of the general statutes, as amended by this act. 125 (6) "Total magnet school program need students" means the sum of 126 (A) the number of students enrolled in the interdistrict magnet school 127 program of the interdistrict magnet school operator, who is not a local 128 or regional board of education, for the school year, and (B) for the school 129 year commencing July 1, 2021, and each school year thereafter, (i) thirty 130 per cent of the number of children enrolled in such interdistrict magnet 131 school program eligible for free or reduced price meals or free milk, (ii) 132 fifteen per cent of the number of such children eligible for free or 133 reduced price meals or free milk in excess of the number of such children 134 eligible for free or reduced price meals or free milk that is equal to sixty 135 per cent of the total number of children enrolled in such interdistrict 136 magnet school program, and (iii) twenty-five per cent of the number of 137 students enrolled in such interdistrict magnet school program who are 138 English language learners, as defined in section 10-76kk of the general 139 statutes, and (iv) fifteen per cent of the number of students enrolled in 140 such interdistrict magnet school program if such interdistrict magnet 141 school program is assisting the state in meeting its obligations pursuant 142 to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related 143 stipulation or order in effect, as determined by the commissioner. 144 (7) "Total state charter school need students" means the sum of (A) 145 Raised Bill No. 948 LCO No. 3960 6 of 37 the number of students enrolled in state charter schools under the 146 control of the governing authority for such state charter schools for the 147 school year, and (B) for the school year commencing July 1, 2021, and 148 each school year thereafter, (i) thirty per cent of the number of children 149 enrolled in such state charter schools eligible for free or reduced price 150 meals or free milk, (ii) fifteen per cent of the number of such children 151 eligible for free or reduced price meals or free milk in excess of the 152 number of such children eligible for free or reduced price meals or free 153 milk that is equal to sixty per cent of the total number of children 154 enrolled in such state charter schools, and (iii) twenty-five per cent of 155 the number of students enrolled in such state charter schools who are 156 English language learners, as defined in section 10-76kk of the general 157 statutes. 158 (8) "Sending town" means the town that sends resident choice 159 program students, which it would otherwise be legally responsible for 160 educating, to a choice program. 161 (9) "Receiving district" has the same meaning as provided in section 162 10-266aa of the general statutes, as amended by this act. 163 (10) "Weighted funding amount per pupil" means the quotient of (A) 164 the product of the foundation and a town's total need students for the 165 fiscal year prior to the year in which the grant is to be paid, and (B) the 166 number of resident students of the town. 167 (11) "Weighted funding amount per sending town" means the 168 product of a town's (A) weighted funding amount per pupil, and (B) 169 number of resident choice program students for a particular choice 170 program. 171 (12) "Choice program grant" means the sum of the weighted funding 172 amount per sending town for each sending town. 173 (b) (1) For the fiscal year ending June 30, 2022, and each fiscal year 174 thereafter, an interdistrict magnet school program operator, other than 175 an operator that is a local or regional board of education, shall be 176 Raised Bill No. 948 LCO No. 3960 7 of 37 entitled to a grant in an amount equal to the product of the foundation 177 and its total magnet school program need students. 178 (2) For the fiscal year ending June 30, 2022, and each fiscal year 179 thereafter, an interdistrict magnet school operator that is a local or 180 regional board of education shall be entitled to a grant in an amount 181 equal to its choice program grant. 182 (c) For the fiscal year ending June 30, 2022, and each fiscal year 183 thereafter, the governing authority for a state charter school shall be 184 entitled to a grant in an amount equal to the product of the foundation 185 and its total state charter school need students. 186 (d) For the fiscal year ending June 30, 2022, and each fiscal year 187 thereafter, the local or regional board of education for each receiving 188 district shall be entitled to a grant in an amount equal to its choice 189 program grant. 190 (e) For the fiscal year ending June 30, 2022, and each fiscal year 191 thereafter, a local or regional board of education that operates a regional 192 agricultural science and technology center shall be entitled to a grant in 193 an amount equal to its choice program grant. 194 Sec. 5. Section 10-264l of the general statutes is repealed and the 195 following is substituted in lieu thereof (Effective July 1, 2021): 196 (a) The Department of Education shall, within available 197 appropriations, establish a grant program (1) to assist (A) local and 198 regional boards of education, (B) regional educational service centers, 199 (C) the Board of Trustees of the Community-Technical Colleges on 200 behalf of Quinebaug Valley Community College and Three Rivers 201 Community College, and (D) cooperative arrangements pursuant to 202 section 10-158a, and (2) in assisting the state in meeting its obligations 203 pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 204 related stipulation or order in effect, as determined by the 205 commissioner, to assist (A) the Board of Trustees of the Community-206 Technical Colleges on behalf of a regional community-technical college, 207 Raised Bill No. 948 LCO No. 3960 8 of 37 (B) the Board of Trustees of the Connecticut State University System on 208 behalf of a state university, (C) the Board of Trustees of The University 209 of Connecticut on behalf of the university, (D) the board of governors 210 for an independent institution of higher education, as defined in 211 subsection (a) of section 10a-173, or the equivalent of such a board, on 212 behalf of the independent institution of higher education, and (E) any 213 other third-party not-for-profit corporation approved by the 214 commissioner with the operation of interdistrict magnet school 215 programs. All interdistrict magnet schools shall be operated in 216 conformance with the same laws and regulations applicable to public 217 schools. For the purposes of this section "an interdistrict magnet school 218 program" means a program which (i) supports racial, ethnic and 219 economic diversity, (ii) offers a special and high quality curriculum, and 220 (iii) requires students who are enrolled to attend at least half-time. An 221 interdistrict magnet school program does not include a regional 222 agricultural science and technology school, a technical education and 223 career school or a regional special education center. For the school years 224 commencing July 1, 2017, to July 1, 2020, inclusive, the governing 225 authority for each interdistrict magnet school program shall (I) restrict 226 the number of students that may enroll in the school from a participating 227 district to seventy-five per cent of the total school enrollment, and (II) 228 maintain a total school enrollment that is in accordance with the 229 reduced-isolation setting standards for interdistrict magnet school 230 programs, developed by the Commissioner of Education pursuant to 231 section 10-264r. 232 (b) (1) Applications for interdistrict magnet school program 233 operating grants awarded pursuant to this section shall be submitted 234 annually to the Commissioner of Education at such time and in such 235 manner as the commissioner prescribes, except that on and after July 1, 236 2009, applications for such operating grants for new interdistrict magnet 237 schools, other than those that the commissioner determines will assist 238 the state in meeting its obligations pursuant to the decision in Sheff v. 239 O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, 240 as determined by the commissioner, shall not be accepted until the 241 Raised Bill No. 948 LCO No. 3960 9 of 37 commissioner develops a comprehensive state-wide interdistrict 242 magnet school plan. The commissioner shall submit such 243 comprehensive state-wide interdistrict magnet school plan on or before 244 October 1, 2016, to the joint standing committees of the General 245 Assembly having cognizance of matters relating to education and 246 appropriations. 247 (2) In determining whether an application shall be approved and 248 funds awarded pursuant to this section, the commissioner shall 249 consider, but such consideration shall not be limited to: (A) Whether the 250 program offered by the school is likely to increase student achievement; 251 (B) whether the program is likely to reduce racial, ethnic and economic 252 isolation; (C) the percentage of the student enrollment in the program 253 from each participating district; and (D) the proposed operating budget 254 and the sources of funding for the interdistrict magnet school. For a 255 magnet school not operated by a local or regional board of education, 256 the commissioner shall only approve a proposed operating budget that, 257 on a per pupil basis, does not exceed the maximum allowable threshold 258 established in accordance with this subdivision. The maximum 259 allowable threshold shall be an amount equal to one hundred twenty 260 per cent of the state average of the quotient obtained by dividing net 261 current expenditures, as defined in section 10-261, by average daily 262 membership, as defined in said section, for the fiscal year two years 263 prior to the fiscal year for which the operating grant is requested. The 264 Department of Education shall establish the maximum allowable 265 threshold no later than December fifteenth of the fiscal year prior to the 266 fiscal year for which the operating grant is requested. If requested by an 267 applicant that is not a local or regional board of education, the 268 commissioner may approve a proposed operating budget that exceeds 269 the maximum allowable threshold if the commissioner determines that 270 there are extraordinary programmatic needs. For the fiscal years ending 271 June 30, 2017, June 30, 2018, June 30, 2020, and June 30, 2021, in the case 272 of an interdistrict magnet school that will assist the state in meeting its 273 obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 274 (1996), or any related stipulation or order in effect, as determined by the 275 Raised Bill No. 948 LCO No. 3960 10 of 37 commissioner, the commissioner shall also consider whether the school 276 is meeting the reduced-isolation setting standards for interdistrict 277 magnet school programs, developed by the commissioner pursuant to 278 section 10-264r. If such school has not met such reduced-isolation setting 279 standards, it shall not be entitled to receive a grant pursuant to this 280 section unless the commissioner finds that it is appropriate to award a 281 grant for an additional year or years and approves a plan to bring such 282 school into compliance with such reduced-isolation setting standards. If 283 requested by the commissioner, the applicant shall meet with the 284 commissioner or the commissioner's designee to discuss the budget and 285 sources of funding. 286 (3) For the fiscal years ending June 30, 2018, to June 30, 2021, 287 inclusive, the commissioner shall not award a grant to an interdistrict 288 magnet school program that (A) has more than seventy-five per cent of 289 the total school enrollment from one school district, or (B) does not 290 maintain a total school enrollment that is in accordance with the 291 reduced-isolation setting standards for interdistrict magnet school 292 programs, developed by the Commissioner of Education pursuant to 293 section 10-264r, except the commissioner may award a grant to such 294 school for an additional year or years if the commissioner finds it is 295 appropriate to do so and approves a plan to bring such school into 296 compliance with such reduced-isolation setting standards. 297 (4) For the fiscal years ending June 30, 2018, to June 30, 2021, 298 inclusive, if an interdistrict magnet school program does not maintain a 299 total school enrollment that is in accordance with the reduced-isolation 300 setting standards for interdistrict magnet school programs, developed 301 by the commissioner pursuant to section 10-264r, for two or more 302 consecutive years, the commissioner may impose a financial penalty on 303 the operator of such interdistrict magnet school program, or take any 304 other measure, in consultation with such operator, as may be 305 appropriate to assist such operator in complying with such reduced-306 isolation setting standards. 307 (5) For the purposes of equalization aid under section 10-262h, as 308 Raised Bill No. 948 LCO No. 3960 11 of 37 amended by this act, a student enrolled in an interdistrict magnet school 309 program shall be considered a student enrolled in the school district in 310 which such student resides. 311 (c) (1) [The maximum amount each interdistrict magnet school 312 program, except those described in subparagraphs (A) to (G), inclusive, 313 of subdivision (3) of this subsection, shall be eligible to receive per 314 enrolled student who is not a resident of the town operating the magnet 315 school shall be (A) six thousand sixteen dollars for the fiscal year ending 316 June 30, 2008, (B) six thousand seven hundred thirty dollars for the fiscal 317 years ending June 30, 2009, to June 30, 2012, inclusive, (C) seven 318 thousand eighty-five dollars for the fiscal years ending June 30, 2013, to 319 June 30, 2019, inclusive, and (D) seven thousand two hundred twenty-320 seven dollars for the fiscal year ending June 30, 2020, and each fiscal year 321 thereafter. The per pupil grant for each enrolled student who is a 322 resident of the town operating the magnet school program shall be (i) 323 three thousand dollars for the fiscal years ending June 30, 2008, to June 324 30, 2019, inclusive, and (ii) three thousand sixty dollars for the fiscal year 325 ending June 30, 2020, and each fiscal year thereafter.] For the fiscal year 326 ending June 30, 2022, and each fiscal year thereafter, each interdistrict 327 magnet school operator shall be paid a grant equal to the amount the 328 operator is entitled to receive under the provisions of section 4 of this 329 act. 330 (2) For the fiscal year ending June 30, 2003, and each fiscal year 331 thereafter, the commissioner may, within available appropriations, 332 provide supplemental grants for the purposes of enhancing educational 333 programs in such interdistrict magnet schools, as the commissioner 334 determines. Such grants shall be made after the commissioner has 335 conducted a comprehensive financial review and approved the total 336 operating budget for such schools, including all revenue and 337 expenditure estimates. 338 [(3) (A) Except as otherwise provided in subparagraphs (C) to (G), 339 inclusive, of this subdivision, each interdistrict magnet school operated 340 by a regional educational service center that enrolls less than fifty-five 341 Raised Bill No. 948 LCO No. 3960 12 of 37 per cent of the school's students from a single town shall receive a per 342 pupil grant in the amount of (i) six thousand two hundred fifty dollars 343 for the fiscal year ending June 30, 2006, (ii) six thousand five hundred 344 dollars for the fiscal year ending June 30, 2007, (iii) seven thousand sixty 345 dollars for the fiscal year ending June 30, 2008, (iv) seven thousand six 346 hundred twenty dollars for the fiscal years ending June 30, 2009, to June 347 30, 2012, inclusive, (v) seven thousand nine hundred dollars for the 348 fiscal years ending June 30, 2013, to June 30, 2019, inclusive, and (vi) 349 eight thousand fifty-eight dollars for the fiscal year ending June 30, 2020, 350 and each fiscal year thereafter. 351 (B) Except as otherwise provided in subparagraphs (C) to (G), 352 inclusive, of this subdivision, each interdistrict magnet school operated 353 by a regional educational service center that enrolls at least fifty-five per 354 cent of the school's students from a single town shall receive a per pupil 355 grant for each enrolled student who is not a resident of the district that 356 enrolls at least fifty-five per cent of the school's students in the amount 357 of (i) six thousand sixteen dollars for the fiscal year ending June 30, 2008, 358 (ii) six thousand seven hundred thirty dollars for the fiscal years ending 359 June 30, 2009, to June 30, 2012, inclusive, (iii) seven thousand eighty-five 360 dollars for the fiscal years ending June 30, 2013, to June 30, 2019, 361 inclusive, and (iv) seven thousand two hundred twenty-seven dollars 362 for the fiscal year ending June 30, 2020, and each fiscal year thereafter. 363 The per pupil grant for each enrolled student who is a resident of the 364 district that enrolls at least fifty-five per cent of the school's students 365 shall be three thousand sixty dollars. 366 (C) (i) For the fiscal years ending June 30, 2015, to June 30, 2019, 367 inclusive, each interdistrict magnet school operated by a regional 368 educational service center that began operations for the school year 369 commencing July 1, 2001, and that for the school year commencing July 370 1, 2008, enrolled at least fifty-five per cent, but no more than eighty per 371 cent of the school's students from a single town, shall receive a per pupil 372 grant (I) for each enrolled student who is a resident of the district that 373 enrolls at least fifty-five per cent, but no more than eighty per cent of the 374 school's students, up to an amount equal to the total number of such 375 Raised Bill No. 948 LCO No. 3960 13 of 37 enrolled students as of October 1, 2013, using the data of record, in the 376 amount of eight thousand one hundred eighty dollars, (II) for each 377 enrolled student who is a resident of the district that enrolls at least fifty-378 five per cent, but not more than eighty per cent of the school's students, 379 in an amount greater than the total number of such enrolled students as 380 of October 1, 2013, using the data of record, in the amount of three 381 thousand dollars, (III) for each enrolled student who is not a resident of 382 the district that enrolls at least fifty-five per cent, but no more than 383 eighty per cent of the school's students, up to an amount equal to the 384 total number of such enrolled students as of October 1, 2013, using the 385 data of record, in the amount of eight thousand one hundred eighty 386 dollars, and (IV) for each enrolled student who is not a resident of the 387 district that enrolls at least fifty-five per cent, but not more than eighty 388 per cent of the school's students, in an amount greater than the total 389 number of such enrolled students as of October 1, 2013, using the data 390 of record, in the amount of seven thousand eighty-five dollars. 391 (ii) For the fiscal year ending June 30, 2020, and each fiscal year 392 thereafter, each interdistrict magnet school operated by a regional 393 educational service center that began operations for the school year 394 commencing July 1, 2001, and that for the school year commencing July 395 1, 2008, enrolled at least fifty-five per cent, but not more than eighty per 396 cent of the school's students from a single town, shall receive a per pupil 397 grant (I) for each enrolled student who is a resident of the district that 398 enrolls at least fifty-five per cent, but not more than eighty per cent of 399 the school's students, up to an amount equal to the total number of such 400 enrolled students as of October 1, 2013, using the data of record, in the 401 amount of eight thousand three hundred forty-four dollars, (II) for each 402 enrolled student who is a resident of the district that enrolls at least fifty-403 five per cent, but not more than eighty per cent of the school's students, 404 in an amount greater than the total number of such enrolled students as 405 of October 1, 2013, using the data of record, in the amount of three 406 thousand sixty dollars, (III) for each enrolled student who is not a 407 resident of the district that enrolls at least fifty-five per cent, but no more 408 than eighty per cent of the school's students, up to an amount equal to 409 Raised Bill No. 948 LCO No. 3960 14 of 37 the total number of such enrolled students as of October 1, 2013, using 410 the data of record, in the amount of eight thousand three hundred forty-411 four dollars, and (IV) for each enrolled student who is not a resident of 412 the district that enrolls at least fifty-five per cent, but not more than 413 eighty per cent of the school's students, in an amount greater than the 414 total number of such enrolled students as of October 1, 2013, using the 415 data of record, in the amount of seven thousand two hundred twenty-416 seven dollars. 417 (D) (i) Except as otherwise provided in subparagraph (D)(ii) of this 418 subdivision, each interdistrict magnet school operated by (I) a regional 419 educational service center, (II) the Board of Trustees of the Community-420 Technical Colleges on behalf of a regional community-technical college, 421 (III) the Board of Trustees of the Connecticut State University System on 422 behalf of a state university, (IV) the Board of Trustees for The University 423 of Connecticut on behalf of the university, (V) the board of governors 424 for an independent institution of higher education, as defined in 425 subsection (a) of section 10a-173, or the equivalent of such a board, on 426 behalf of the independent institution of higher education, except as 427 otherwise provided in subparagraph (E) of this subdivision, (VI) 428 cooperative arrangements pursuant to section 10-158a, (VII) any other 429 third-party not-for-profit corporation approved by the commissioner, 430 and (VIII) the Hartford school district for the operation of Great Path 431 Academy on behalf of Manchester Community College, that enrolls less 432 than sixty per cent of its students from Hartford shall receive a per pupil 433 grant in the amount of nine thousand six hundred ninety-five dollars for 434 the fiscal year ending June 30, 2010, ten thousand four hundred forty-435 three dollars for the fiscal years ending June 30, 2011, to June 30, 2019, 436 inclusive, and ten thousand six hundred fifty-two dollars for the fiscal 437 year ending June 30, 2020, and each fiscal year thereafter. 438 (ii) For the fiscal years ending June 30, 2016, to June 30, 2019, 439 inclusive, any interdistrict magnet school described in subparagraph 440 (D)(i) of this subdivision that enrolls less than fifty per cent of its 441 incoming students from Hartford shall receive a per pupil grant in the 442 amount of seven thousand nine hundred dollars for one-half of the total 443 Raised Bill No. 948 LCO No. 3960 15 of 37 number of non-Hartford students enrolled in the school over fifty per 444 cent of the total school enrollment and shall receive a per pupil grant in 445 the amount of ten thousand four hundred forty-three dollars for the 446 remainder of the total school enrollment. For the fiscal year ending June 447 30, 2020, and each fiscal year thereafter, any interdistrict magnet school 448 described in subparagraph (D)(i) of this subdivision that enrolls less 449 than fifty per cent of its incoming students from Hartford shall receive 450 a per pupil grant in the amount of eight thousand fifty-eight dollars for 451 one-half of the total number of non-Hartford students enrolled in the 452 school over fifty per cent of the total school enrollment and shall receive 453 a per pupil grant in the amount of ten thousand six hundred fifty-two 454 dollars for the remainder of the total school enrollment. 455 (E) For the fiscal year ending June 30, 2015, and each fiscal year 456 thereafter, each interdistrict magnet school operated by the board of 457 governors for an independent institution of higher education, as defined 458 in subsection (a) of section 10a-173, or the equivalent of such a board, on 459 behalf of the independent institution of higher education, that (i) began 460 operations for the school year commencing July 1, 2014, (ii) enrolls less 461 than sixty per cent of its students from Hartford pursuant to the decision 462 in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 463 in effect, as determined by the commissioner, and (iii) enrolls students 464 at least half-time, shall be eligible to receive a per pupil grant (I) equal 465 to sixty-five per cent of the grant amount determined pursuant to 466 subparagraph (D) of this subdivision for each student who is enrolled 467 at such school for at least two semesters in each school year, and (II) 468 equal to thirty-two and one-half per cent of the grant amount 469 determined pursuant to subparagraph (D) of this subdivision for each 470 student who is enrolled at such school for one semester in each school 471 year. 472 (F) Each interdistrict magnet school operated by a local or regional 473 board of education, pursuant to the decision in Sheff v. O'Neill, 238 474 Conn. 1 (1996), or any related stipulation or order in effect, shall receive 475 a per pupil grant for each enrolled student who is not a resident of the 476 district in the amount of (i) twelve thousand dollars for the fiscal year 477 Raised Bill No. 948 LCO No. 3960 16 of 37 ending June 30, 2010, (ii) thirteen thousand fifty-four dollars for the 478 fiscal years ending June 30, 2011, to June 30, 2019, inclusive, and (iii) 479 thirteen thousand three hundred fifteen dollars for the fiscal year ending 480 June 30, 2020, and each fiscal year thereafter. 481 (G) In addition to the grants described in subparagraph (E) of this 482 subdivision, for the fiscal year ending June 30, 2010, the commissioner 483 may, subject to the approval of the Secretary of the Office of Policy and 484 Management and the Finance Advisory Committee, established 485 pursuant to section 4-93, provide supplemental grants to the Hartford 486 school district of up to one thousand fifty-four dollars for each student 487 enrolled at an interdistrict magnet school operated by the Hartford 488 school district who is not a resident of such district. 489 (H) For the fiscal year ending June 30, 2016, and each fiscal year 490 thereafter, the half-day Greater Hartford Academy of the Arts 491 interdistrict magnet school operated by the Capital Region Education 492 Council shall be eligible to receive a per pupil grant equal to sixty-five 493 per cent of the per pupil grant specified in subparagraph (A) of this 494 subdivision. 495 (I) For the fiscal years ending June 30, 2016, to June 30, 2018, inclusive, 496 the half-day Greater Hartford Academy of Mathematics and Science 497 interdistrict magnet school operated by the Capitol Region Education 498 Council shall be eligible to receive a per pupil grant equal to six 499 thousand seven hundred eighty-seven dollars for (i) students enrolled 500 in grades ten to twelve, inclusive, for the fiscal year ending June 30, 2016, 501 (ii) students enrolled in grades eleven and twelve for the fiscal year 502 ending June 30, 2017, and (iii) students enrolled in grade twelve for the 503 fiscal year ending June 30, 2018. For the fiscal year ending June 30, 2016, 504 and each fiscal year thereafter, the half-day Greater Hartford Academy 505 of Mathematics and Science interdistrict magnet school shall not be 506 eligible for any additional grants pursuant to subsection (c) of this 507 section. 508 (4) For the fiscal years ending June 30, 2015, and June 30, 2016, the 509 Raised Bill No. 948 LCO No. 3960 17 of 37 department may limit payment to an interdistrict magnet school 510 operator to an amount equal to the grant that such magnet school 511 operator was eligible to receive based on the enrollment level of the 512 interdistrict magnet school program on October 1, 2013. Approval of 513 funding for enrollment above such enrollment level shall be prioritized 514 by the department as follows: (A) Increases in enrollment in an 515 interdistrict magnet school program that is adding planned new grade 516 levels for the school years commencing July 1, 2015, and July 1, 2016; (B) 517 increases in enrollment in an interdistrict magnet school program that 518 added planned new grade levels for the school year commencing July 1, 519 2014, and was funded during the fiscal year ending June 30, 2015; (C) 520 increases in enrollment in an interdistrict magnet school program that 521 is moving into a permanent facility for the school years commencing 522 July 1, 2014, to July 1, 2016, inclusive; (D) increases in enrollment in an 523 interdistrict magnet school program to ensure compliance with 524 subsection (a) of this section; and (E) new enrollments for a new 525 interdistrict magnet school program commencing operations on or after 526 July 1, 2014, pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 527 (1996), or any related stipulation or order in effect, as determined by the 528 commissioner. Any interdistrict magnet school program operating less 529 than full-time, but at least half-time, shall be eligible to receive a grant 530 equal to sixty-five per cent of the grant amount determined pursuant to 531 this subsection. 532 (5) For the fiscal year ending June 30, 2017, the department may limit 533 payment to an interdistrict magnet school operator to an amount equal 534 to the grant that such magnet school operator was eligible to receive 535 based on the enrollment level of the interdistrict magnet school program 536 on October 1, 2013, or October 1, 2015, whichever is lower. Approval of 537 funding for enrollment above such enrollment level shall be prioritized 538 by the department as follows: (A) Increases in enrollment in an 539 interdistrict magnet school program that is adding planned new grade 540 levels for the school years commencing July 1, 2015, and July 1, 2016; (B) 541 increases in enrollment in an interdistrict magnet school program that 542 added planned new grade levels for the school year commencing July 1, 543 Raised Bill No. 948 LCO No. 3960 18 of 37 2014, and was funded during the fiscal year ending June 30, 2015; (C) 544 increases in enrollment in an interdistrict magnet school program that 545 added planned new grade levels for the school year commencing July 1, 546 2015, and was funded during the fiscal year ending June 30, 2016; and 547 (D) increases in enrollment in an interdistrict magnet school program to 548 ensure compliance with subsection (a) of this section. Any interdistrict 549 magnet school program operating less than full-time, but at least half-550 time, shall be eligible to receive a grant equal to sixty-five per cent of the 551 grant amount determined pursuant to this subsection. 552 (6) For the fiscal year ending June 30, 2018, and within available 553 appropriations, the department may limit payment to an interdistrict 554 magnet school operator to an amount equal to the grant that such 555 magnet school operator was eligible to receive based on the enrollment 556 level of the interdistrict magnet school program on October 1, 2013, 557 October 1, 2015, or October 1, 2016, whichever is lower. Approval of 558 funding for enrollment above such enrollment level shall be prioritized 559 by the department and subject to the commissioner's approval, 560 including increases in enrollment in an interdistrict magnet school 561 program as a result of planned and approved new grade levels. Any 562 interdistrict magnet school program operating less than full-time, but at 563 least half-time, shall be eligible to receive a grant equal to sixty-five per 564 cent of the grant amount determined pursuant to this subsection. 565 (7) For the fiscal year ending June 30, 2019, and within available 566 appropriations, the department may limit payment to an interdistrict 567 magnet school operator to an amount equal to the grant that such 568 magnet school operator was eligible to receive based on the enrollment 569 level of the interdistrict magnet school program on October 1, 2013, 570 October 1, 2015, October 1, 2016, or October 1, 2017, whichever is lower. 571 Approval of funding for enrollment above such enrollment level shall 572 be prioritized by the department and subject to the commissioner's 573 approval, including increases in enrollment in an interdistrict magnet 574 school program as a result of planned and approved new grade levels. 575 Any interdistrict magnet school program operating less than full-time, 576 but at least half-time, shall be eligible to receive a grant equal to sixty-577 Raised Bill No. 948 LCO No. 3960 19 of 37 five per cent of the grant amount determined pursuant to this 578 subsection. 579 (8) For the fiscal year ending June 30, 2020, and within available 580 appropriations, the department may limit payment to an interdistrict 581 magnet school operator to an amount equal to the grant that such 582 magnet school operator was eligible to receive based on the enrollment 583 level of the interdistrict magnet school program on October 1, 2013, 584 October 1, 2015, October 1, 2016, October 1, 2017, or October 1, 2018, 585 whichever is lower. Approval of funding for enrollment above such 586 enrollment level shall be prioritized by the department and subject to 587 the commissioner's approval, including increases in enrollment in an 588 interdistrict magnet school program as a result of planned and 589 approved new grade levels. Any interdistrict magnet school program 590 operating less than full-time, but at least half-time, shall be eligible to 591 receive a grant equal to sixty-five per cent of the grant amount 592 determined pursuant to this subsection. 593 (9) For the fiscal year ending June 30, 2021, and within available 594 appropriations, the department may limit payment to an interdistrict 595 magnet school operator to an amount equal to the grant that such 596 magnet school operator was eligible to receive based on the enrollment 597 level of the interdistrict magnet school program on October 1, 2013, 598 October 1, 2015, October 1, 2016, October 1, 2017, October 1, 2018, or 599 October 1, 2019, whichever is lower. Approval of funding for enrollment 600 above such enrollment level shall be prioritized by the department and 601 subject to the commissioner's approval, including increases in 602 enrollment in an interdistrict magnet school program as a result of 603 planned and approved new grade levels. Any interdistrict magnet 604 school program operating less than full-time, but at least half-time, shall 605 be eligible to receive a grant equal to sixty-five per cent of the grant 606 amount determined pursuant to this subsection.] 607 [(10)] (3) Within available appropriations, the commissioner may 608 make grants to the following entities that operate an interdistrict magnet 609 school that assists the state in meeting its obligations pursuant to the 610 Raised Bill No. 948 LCO No. 3960 20 of 37 decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation 611 or order in effect, as determined by the commissioner and that provide 612 academic support programs and summer school educational programs 613 approved by the commissioner to students participating in such 614 interdistrict magnet school program: (A) Regional educational service 615 centers, (B) local and regional boards of education, (C) the Board of 616 Trustees of the Community-Technical Colleges on behalf of a regional 617 community-technical college, (D) the Board of Trustees of the 618 Connecticut State University System on behalf of a state university, (E) 619 the Board of Trustees for The University of Connecticut on behalf of the 620 university, (F) the board of governors for an independent institution of 621 higher education, as defined in subsection (a) of section 10a-173, or the 622 equivalent of such a board, on behalf of the independent institution of 623 higher education, (G) cooperative arrangements pursuant to section 10-624 158a, and (H) any other third-party not-for-profit corporation approved 625 by the commissioner. 626 [(11)] (4) Within available appropriations, the Commissioner of 627 Education may make grants, in an amount not to exceed seventy-five 628 thousand dollars, for start-up costs associated with the development of 629 new interdistrict magnet school programs that assist the state in meeting 630 its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 631 (1996), or any related stipulation or order in effect, as determined by the 632 commissioner, to the following entities that develop such a program: (A) 633 Regional educational service centers, (B) local and regional boards of 634 education, (C) the Board of Trustees of the Community-Technical 635 Colleges on behalf of a regional community-technical college, (D) the 636 Board of Trustees of the Connecticut State University System on behalf 637 of a state university, (E) the Board of Trustees for The University of 638 Connecticut on behalf of the university, (F) the board of governors for 639 an independent institution of higher education, as defined in subsection 640 (a) of section 10a-173, or the equivalent of such a board, on behalf of the 641 independent institution of higher education, (G) cooperative 642 arrangements pursuant to section 10-158a, and (H) any other third-party 643 not-for-profit corporation approved by the commissioner. 644 Raised Bill No. 948 LCO No. 3960 21 of 37 [(12)] (5) The amounts of the grants determined pursuant to this 645 subsection shall be proportionately adjusted, if necessary, within 646 available appropriations, and in no case shall the total grant paid to an 647 interdistrict magnet school operator pursuant to this section exceed the 648 aggregate total of the reasonable operating budgets of the interdistrict 649 magnet school programs of such operator, less revenues from other 650 sources. 651 (d) [(1)] Grants made pursuant to this section [, except those made 652 pursuant to subdivision (7) of subsection (c) of this section and 653 subdivision (2) of this subsection,] shall be paid as follows: Seventy per 654 cent not later than September first and the balance not later than May 655 first of each fiscal year. The May first payment shall be adjusted to reflect 656 actual interdistrict magnet school program enrollment as of the 657 preceding October first using the data of record as of the intervening 658 January thirty-first, if the actual level of enrollment is lower than the 659 projected enrollment stated in the approved grant application. The May 660 first payment shall be further adjusted for the difference between the 661 total grant received by the magnet school operator in the prior fiscal year 662 and the revised total grant amount calculated for the prior fiscal year in 663 cases where the aggregate financial audit submitted by the interdistrict 664 magnet school operator pursuant to subdivision (1) of subsection (n) of 665 this section indicates an overpayment by the department. 666 Notwithstanding the provisions of this section to the contrary, grants 667 made pursuant to this section may be paid to each interdistrict magnet 668 school operator as an aggregate total of the amount that the interdistrict 669 magnet schools operated by each such operator are eligible to receive 670 under this section. Each interdistrict magnet school operator may 671 distribute such aggregate grant among the interdistrict magnet school 672 programs that such operator is operating pursuant to a distribution plan 673 approved by the Commissioner of Education. 674 [(2) For the fiscal year ending June 30, 2016, and each fiscal year 675 thereafter, grants made pursuant to subparagraph (E) of subdivision (3) 676 of subsection (c) of this section shall be paid as follows: Fifty per cent of 677 the amount not later than September first based on estimated student 678 Raised Bill No. 948 LCO No. 3960 22 of 37 enrollment for the first semester on September first, and another fifty 679 per cent not later than May first of each fiscal year based on actual 680 student enrollment for the second semester on February first. The May 681 first payment shall be adjusted to reflect actual interdistrict magnet 682 school program enrollment for those students who have been enrolled 683 at such school for at least two semesters of the school year, using the 684 data of record, and actual student enrollment for those students who 685 have been enrolled at such school for only one semester, using data of 686 record. The May first payment shall be further adjusted for the 687 difference between the total grant received by the magnet school 688 operator in the prior fiscal year and the revised total grant amount 689 calculated for the prior fiscal year where the financial audit submitted 690 by the interdistrict magnet school operator pursuant to subdivision (1) 691 of subsection (n) of this section indicates an overpayment by the 692 department.] 693 (e) The Department of Education may retain up to one-half of one per 694 cent of the amount appropriated, in an amount not to exceed five 695 hundred thousand dollars, for purposes of this section for program 696 evaluation and administration. 697 (f) Each local or regional school district in which an interdistrict 698 magnet school is located shall provide the same kind of transportation 699 to its children enrolled in such interdistrict magnet school as it provides 700 to its children enrolled in other public schools in such local or regional 701 school district. The parent or guardian of a child denied the 702 transportation services required to be provided pursuant to this 703 subsection may appeal such denial in the manner provided in sections 704 10-186 and 10-187. 705 (g) On or before October fifteenth of each year, the Commissioner of 706 Education shall determine if interdistrict magnet school enrollment is 707 below the number of students for which funds were appropriated. If the 708 commissioner determines that the enrollment is below such number, the 709 additional funds shall not lapse but shall be used by the commissioner 710 for grants for interdistrict cooperative programs pursuant to section 10-711 Raised Bill No. 948 LCO No. 3960 23 of 37 74d. 712 (h) (1) In the case of a student identified as requiring special 713 education, the school district in which the student resides shall: (A) 714 Hold the planning and placement team meeting for such student and 715 shall invite representatives from the interdistrict magnet school to 716 participate in such meeting; and (B) pay the interdistrict magnet school 717 an amount equal to the difference between the reasonable cost of 718 educating such student and the sum of the amount received by the 719 interdistrict magnet school for such student pursuant to subsection (c) 720 of this section and amounts received from other state, federal, local or 721 private sources calculated on a per pupil basis. Such school district shall 722 be eligible for reimbursement pursuant to section 10-76g. If a student 723 requiring special education attends an interdistrict magnet school on a 724 full-time basis, such interdistrict magnet school shall be responsible for 725 ensuring that such student receives the services mandated by the 726 student's individualized education program whether such services are 727 provided by the interdistrict magnet school or by the school district in 728 which the student resides. 729 (2) In the case of a student with a plan pursuant to Section 504 of the 730 Rehabilitation Act of 1973, as amended from time to time, the school 731 district in which the student resides shall pay the interdistrict magnet 732 school an amount equal to the difference between the reasonable cost of 733 educating such student and the sum of the amount received by the 734 interdistrict magnet school for such student pursuant to subsection (c) 735 of this section and amounts received from other state, federal, local or 736 private sources calculated on a per pupil basis. If a student with a plan 737 pursuant to Section 504 of the Rehabilitation Act of 1973, as amended 738 from time to time, attends an interdistrict magnet school on a full-time 739 basis, such interdistrict magnet school shall be responsible for ensuring 740 that such student receives the services mandated by the student's plan, 741 whether such services are provided by the interdistrict magnet school 742 or by the school district in which the student resides. 743 (i) Nothing in this section shall be construed to prohibit the 744 Raised Bill No. 948 LCO No. 3960 24 of 37 enrollment of nonpublic school students in an interdistrict magnet 745 school program that operates less than full-time, provided (1) such 746 students constitute no more than five per cent of the full-time equivalent 747 enrollment in such magnet school program, and (2) such students are 748 not counted for purposes of determining the amount of grants pursuant 749 to this section and section 10-264i. 750 (j) After accommodating students from participating districts in 751 accordance with an approved enrollment agreement, an interdistrict 752 magnet school operator that has unused student capacity may enroll 753 directly into its program any interested student. A student from a 754 district that is not participating in an interdistrict magnet school or the 755 interdistrict student attendance program pursuant to section 10-266aa, 756 as amended by this act, to an extent determined by the Commissioner 757 of Education shall be given preference. [The local or regional board of 758 education otherwise responsible for educating such student shall 759 contribute funds to support the operation of the interdistrict magnet 760 school in an amount equal to the per student tuition, if any, charged to 761 participating districts.] 762 [(k) (1) For the fiscal year ending June 30, 2014, and each fiscal year 763 thereafter, any tuition charged to a local or regional board of education 764 by a regional educational service center operating an interdistrict 765 magnet school or any tuition charged by the Hartford school district 766 operating the Great Path Academy on behalf of Manchester Community 767 College for any student enrolled in kindergarten to grade twelve, 768 inclusive, in such interdistrict magnet school shall be in an amount equal 769 to the difference between (A) the average per pupil expenditure of the 770 magnet school for the prior fiscal year, and (B) the amount of any per 771 pupil state subsidy calculated under subsection (c) of this section plus 772 any revenue from other sources calculated on a per pupil basis. If any 773 such board of education fails to pay such tuition, the commissioner may 774 withhold from such board's town or towns a sum payable under section 775 10-262i in an amount not to exceed the amount of the unpaid tuition to 776 the magnet school and pay such money to the fiscal agent for the magnet 777 school as a supplementary grant for the operation of the interdistrict 778 Raised Bill No. 948 LCO No. 3960 25 of 37 magnet school program. In no case shall the sum of such tuitions exceed 779 the difference between (i) the total expenditures of the magnet school 780 for the prior fiscal year, and (ii) the total per pupil state subsidy 781 calculated under subsection (c) of this section plus any revenue from 782 other sources. The commissioner may conduct a comprehensive 783 financial review of the operating budget of a magnet school to verify 784 such tuition rate. 785 (2) (A) For the fiscal years ending June 30, 2013, and June 30, 2014, a 786 regional educational service center operating an interdistrict magnet 787 school offering a preschool program that is not located in the Sheff 788 region may charge tuition to the Department of Education for a child 789 enrolled in such preschool program in an amount not to exceed an 790 amount equal to the difference between (i) the average per pupil 791 expenditure of the preschool program offered at the magnet school for 792 the prior fiscal year, and (ii) the amount of any per pupil state subsidy 793 calculated under subsection (c) of this section plus any revenue from 794 other sources calculated on a per pupil basis. The commissioner may 795 conduct a comprehensive financial review of the operating budget of 796 any such magnet school charging such tuition to verify such tuition rate. 797 For purposes of this subdivision, "Sheff region" means the school 798 districts for the towns of Avon, Bloomfield, Canton, East Granby, East 799 Hartford, East Windsor, Ellington, Farmington, Glastonbury, Granby, 800 Hartford, Manchester, Newington, Rocky Hill, Simsbury, South 801 Windsor, Suffield, Vernon, West Hartford, Wethersfield, Windsor and 802 Windsor Locks. 803 (B) For the fiscal year ending June 30, 2015, a regional educational 804 service center operating an interdistrict magnet school offering a 805 preschool program that is not located in the Sheff region may charge 806 tuition to the parent or guardian of a child enrolled in such preschool 807 program in an amount that is in accordance with the sliding tuition scale 808 adopted by the State Board of Education pursuant to section 10-264p. 809 The Department of Education shall be financially responsible for any 810 unpaid portion of the tuition not charged to such parent or guardian 811 under such sliding tuition scale. Such tuition shall not exceed an amount 812 Raised Bill No. 948 LCO No. 3960 26 of 37 equal to the difference between (i) the average per pupil expenditure of 813 the preschool program offered at the magnet school for the prior fiscal 814 year, and (ii) the amount of any per pupil state subsidy calculated under 815 subsection (c) of this section plus any revenue from other sources 816 calculated on a per pupil basis. The commissioner may conduct a 817 comprehensive financial review of the operating budget of any such 818 magnet school charging such tuition to verify such tuition rate.] 819 [(C)] (k) For the fiscal year ending June 30, 2016, and each fiscal year 820 thereafter, a regional educational service center operating an 821 interdistrict magnet school offering a preschool program that is not 822 located in the Sheff region shall charge tuition to the parent or guardian 823 of a child enrolled in such preschool program in an amount up to four 824 thousand fifty-three dollars, except such regional educational service 825 center shall not charge tuition to such parent or guardian with a family 826 income at or below seventy-five per cent of the state median income. 827 The Department of Education shall, within available appropriations, be 828 financially responsible for any unpaid tuition charged to such parent or 829 guardian with a family income at or below seventy-five per cent of the 830 state median income. The commissioner may conduct a comprehensive 831 financial review of the operating budget of any such magnet school 832 charging such tuition to verify such tuition rate. 833 (l) A participating district shall provide opportunities for its students 834 to attend an interdistrict magnet school in a number that is at least equal 835 to the number specified in any written agreement with an interdistrict 836 magnet school operator or in a number that is at least equal to the 837 average number of students that the participating district enrolled in 838 such magnet school during the previous three school years. 839 (m) (1) On or before May 15, 2010, and annually thereafter, each 840 interdistrict magnet school operator shall provide written notification to 841 any school district that is otherwise responsible for educating a student 842 who resides in such school district and will be enrolled in an interdistrict 843 magnet school under the operator's control for the following school 844 year. Such notification shall include (A) the number of any such 845 Raised Bill No. 948 LCO No. 3960 27 of 37 students, by grade, who will be enrolled in an interdistrict magnet 846 school under the control of such operator, (B) the name of the school in 847 which such student has been placed, and (C) the amount of tuition to be 848 charged to the local or regional board of education for such student. 849 Such notification shall represent an estimate of the number of students 850 expected to attend such interdistrict magnet schools in the following 851 school year, but shall not be deemed to limit the number of students 852 who may enroll in such interdistrict magnet schools for such year. 853 (2) For the school year commencing July 1, [2015] 2021, and each 854 school year thereafter, any interdistrict magnet school operator that is a 855 local or regional board of education [and did] shall not charge tuition to 856 [a] another local or regional board of education. [for the school year 857 commencing July 1, 2014, may not charge tuition to such board unless 858 (A) such operator receives authorization from the Commissioner of 859 Education to charge the proposed tuition, and (B) if such authorization 860 is granted, such operator provides written notification on or before 861 September first of the school year prior to the school year in which such 862 tuition is to be charged to such board of the tuition to be charged to such 863 board for each student that such board is otherwise responsible for 864 educating and is enrolled at the interdistrict magnet school under such 865 operator's control. In deciding whether to authorize an interdistrict 866 magnet school operator to charge tuition under this subdivision, the 867 commissioner shall consider (i) the average per pupil expenditure of 868 such operator for each interdistrict magnet school under the control of 869 such operator, and (ii) the amount of any per pupil state subsidy and 870 any revenue from other sources received by such operator. The 871 commissioner may conduct a comprehensive financial review of the 872 operating budget of the magnet school of such operator to verify that 873 the tuition is appropriate.] The provisions of this subdivision shall [not] 874 apply to any interdistrict magnet school operator. [that is a regional 875 educational service center or assisting the state in meeting the goals of 876 the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, 877 et al., as extended, or the goals of the 2013 stipulation and order for Milo 878 Sheff, et al. v. William A. O'Neill, et al., as extended.] 879 Raised Bill No. 948 LCO No. 3960 28 of 37 (3) Not later than two weeks following an enrollment lottery for an 880 interdistrict magnet school conducted by a magnet school operator, the 881 parent or guardian of a student (A) who will enroll in such interdistrict 882 magnet school in the following school year, or (B) whose name has been 883 placed on a waiting list for enrollment in such interdistrict magnet 884 school for the following school year, shall provide written notification 885 of such prospective enrollment or waiting list placement to the school 886 district in which such student resides and is otherwise responsible for 887 educating such student. 888 (n) (1) Each interdistrict magnet school operator shall annually file 889 with the Commissioner of Education, at such time and in such manner 890 as the commissioner prescribes, (A) a financial audit for each 891 interdistrict magnet school operated by such operator, and (B) an 892 aggregate financial audit for all of the interdistrict magnet schools 893 operated by such operator. 894 (2) Annually, the commissioner shall randomly select one 895 interdistrict magnet school operated by a regional educational service 896 center to be subject to a comprehensive financial audit conducted by an 897 auditor selected by the commissioner. The regional educational service 898 center shall be responsible for all costs associated with the audit 899 conducted pursuant to the provisions of this subdivision. 900 (o) For the school [years] year commencing [July 1, 2009, to July 1, 901 2018, inclusive] July 1, 2021, any local or regional board of education 902 operating an interdistrict magnet school pursuant to the decision in 903 Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 904 in effect, shall not charge tuition for any student enrolled in [a preschool 905 program or in] kindergarten to grade twelve, inclusive, in an 906 interdistrict magnet school operated by such school district. [, except the 907 Hartford school district may charge tuition for any student enrolled in 908 the Great Path Academy.] 909 [(p) For the fiscal year ending June 30, 2016, and each fiscal year 910 thereafter, if the East Hartford school district has greater than seven per 911 Raised Bill No. 948 LCO No. 3960 29 of 37 cent of its resident students, as defined in section 10-262f, enrolled in an 912 interdistrict magnet school program, then the board of education for the 913 town of East Hartford shall not be financially responsible for four 914 thousand four hundred dollars of the portion of the per student tuition 915 charged for each such student in excess of such seven per cent. The 916 Department of Education shall, within available appropriations, be 917 financially responsible for such excess per student tuition. 918 Notwithstanding the provisions of this subsection, for the fiscal year 919 ending June 30, 2016, and each fiscal year thereafter, the amount of the 920 grants payable to the board of education for the town of East Hartford 921 in accordance with this subsection shall be reduced proportionately if 922 the total of such grants in such year exceeds the amount appropriated 923 for purposes of this subsection.] 924 Sec. 6. Subsection (b) of section 10-264o of the general statutes is 925 repealed and the following is substituted in lieu thereof (Effective July 1, 926 2021): 927 (b) For the fiscal year ending June 30, [2013] 2022, and each fiscal year 928 thereafter, [any tuition charged to a local or regional board of education 929 by] a regional educational service center operating an interdistrict 930 magnet school assisting the state in meeting the goals of the 2008 931 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., 932 as extended, or the goals of the 2013 stipulation and order for Milo Sheff, 933 et al. v. William A. O'Neill, et al., as extended, as determined by the 934 Commissioner of Education, shall not charge tuition to a local or 935 regional board of education for any student enrolled in kindergarten to 936 grade twelve, inclusive, in such interdistrict magnet school. [shall be in 937 an amount equal to the difference between (1) the average per pupil 938 expenditure of the magnet school for the prior fiscal year, and (2) the 939 amount of any per pupil state subsidy calculated under subsection (c) 940 of section 10-264l plus any revenue from other sources calculated on a 941 per pupil basis. If any such board of education fails to pay such tuition, 942 the commissioner may withhold from such board's town or towns a sum 943 payable under section 10-262i in an amount not to exceed the amount of 944 the unpaid tuition to the magnet school and pay such money to the fiscal 945 Raised Bill No. 948 LCO No. 3960 30 of 37 agent for the magnet school as a supplementary grant for the operation 946 of the interdistrict magnet school program. In no case shall the sum of 947 such tuitions exceed the difference between (A) the total expenditures 948 of the magnet school for the prior fiscal year, and (B) the total per pupil 949 state subsidy calculated under subsection (c) of section 10-264l plus any 950 revenue from other sources. The commissioner may conduct a 951 comprehensive review of the operating budget of a magnet school to 952 verify such tuition rate.] 953 Sec. 7. Subdivision (1) of subsection (d) of section 10-66ee of the 954 general statutes is repealed and the following is substituted in lieu 955 thereof (Effective July 1, 2021): 956 (d) (1) [The state shall pay in accordance with this subsection, to the 957 fiscal authority for a state charter school for each student enrolled in 958 such school, for the fiscal year ending June 30, 2013, ten thousand two 959 hundred dollars, for the fiscal year ending June 30, 2014, ten thousand 960 five hundred dollars, for the fiscal years ending June 30, 2015, to June 961 30, 2018, inclusive, eleven thousand dollars, and for the fiscal year 962 ending June 30, 2019, and each fiscal year thereafter, eleven thousand 963 two hundred fifty dollars.] For the fiscal year ending June 30, 2022, and 964 each fiscal year thereafter, the fiscal authority for a state charter school 965 shall be paid a grant equal to the amount such state charter school is 966 entitled to receive under the provisions of section 4 of this act. Such 967 payments shall be made as follows: Twenty-five per cent of the amount 968 not later than July fifteenth and September first based on estimated 969 student enrollment on May first, and twenty-five per cent of the amount 970 not later than January first and the remaining amount not later than 971 April first, each based on student enrollment on October first. 972 Sec. 8. Section 10-65 of the general statutes is repealed and the 973 following is substituted in lieu thereof (Effective July 1, 2021): 974 (a) Each local or regional school district operating an agricultural 975 science and technology education center approved by the State Board of 976 Education for program, educational need, location and area to be served 977 Raised Bill No. 948 LCO No. 3960 31 of 37 shall be eligible for the following grants: (1) In accordance with the 978 provisions of chapter 173, through progress payments in accordance 979 with the provisions of section 10-287i, (A) for projects for which an 980 application was filed prior to July 1, 2011, ninety-five per cent, and (B) 981 for projects for which an application was filed on or after July 1, 2011, 982 eighty per cent of the net eligible costs of constructing, acquiring, 983 renovating and equipping approved facilities to be used exclusively for 984 such agricultural science and technology education center, for the 985 expansion or improvement of existing facilities or for the replacement 986 or improvement of equipment therein, and (2) subject to the provisions 987 of section 10-65b and within available appropriations, [in an amount 988 equal to four thousand two hundred dollars per student for every 989 secondary school student who was enrolled in such center on October 990 first of the previous year] for the fiscal year ending June 30, 2022, and 991 each fiscal year thereafter, a grant equal to the amount such board is 992 entitled to receive under the provisions of section 4 of this act. 993 (b) Each local or regional board of education not maintaining an 994 agricultural science and technology education center shall provide 995 opportunities for its students to enroll in one or more such centers in a 996 number that is at least equal to the number specified in any written 997 agreement with each such center or centers, or in the absence of such an 998 agreement, a number that is at least equal to the average number of its 999 students that the board of education enrolled in each such center or 1000 centers during the previous three school years, provided, in addition to 1001 such number, each such board of education shall provide opportunities 1002 for its students to enroll in the ninth grade in a number that is at least 1003 equal to the number specified in any written agreement with each such 1004 center or centers, or in the absence of such an agreement, a number that 1005 is at least equal to the average number of students that the board of 1006 education enrolled in the ninth grade in each such center or centers 1007 during the previous three school years. If a local or regional board of 1008 education provided opportunities for students to enroll in more than 1009 one center for the school year commencing July 1, 2007, such board of 1010 education shall continue to provide such opportunities to students in 1011 Raised Bill No. 948 LCO No. 3960 32 of 37 accordance with this subsection. The board of education operating an 1012 agricultural science and technology education center [may] shall not 1013 charge, subject to the provisions of section 10-65b, tuition [for a school 1014 year in an amount not to exceed fifty-nine and two-tenths per cent of the 1015 foundation level pursuant to subdivision (9) of section 10-262f, per 1016 student for the fiscal year in which the tuition is paid] to another local 1017 or regional board of education, except that such board may charge 1018 tuition for [(1) students enrolled under shared-time arrangements on a 1019 pro rata basis, and (2)] special education students which shall not exceed 1020 the actual costs of educating such students minus the amounts received 1021 pursuant to subdivision (2) of subsection (a) of this section. [and 1022 subsection (c) of this section.] Any tuition paid by such board for special 1023 education students [in excess of the tuition paid for non-special-1024 education students] shall be reimbursed pursuant to section 10-76g. 1025 [(c) In addition to the grants described in subsection (a) of this section, 1026 within available appropriations, (1) each local or regional board of 1027 education operating an agricultural science and technology education 1028 center in which more than one hundred fifty of the students in the prior 1029 school year were out-of-district students shall be eligible to receive a 1030 grant in an amount equal to five hundred dollars for every secondary 1031 school student enrolled in such center on October first of the previous 1032 year, (2) on and after July 1, 2000, if a local or regional board of education 1033 operating an agricultural science and technology education center that 1034 received a grant pursuant to subdivision (1) of this subsection no longer 1035 qualifies for such a grant, such local or regional board of education shall 1036 receive a grant in an amount determined as follows: (A) For the first 1037 fiscal year such board of education does not qualify for a grant under 1038 said subdivision (1), a grant in the amount equal to four hundred dollars 1039 for every secondary school student enrolled in its agricultural science 1040 and technology education center on October first of the previous year, 1041 (B) for the second successive fiscal year such board of education does 1042 not so qualify, a grant in an amount equal to three hundred dollars for 1043 every such secondary school student enrolled in such center on said 1044 date, (C) for the third successive fiscal year such board of education does 1045 Raised Bill No. 948 LCO No. 3960 33 of 37 not so qualify, a grant in an amount equal to two hundred dollars for 1046 every such secondary school student enrolled in such center on said 1047 date, and (D) for the fourth successive fiscal year such board of 1048 education does not so qualify, a grant in an amount equal to one 1049 hundred dollars for every such secondary school student enrolled in 1050 such center on said date, and (3) each local and regional board of 1051 education operating an agricultural science and technology education 1052 center that does not receive a grant pursuant to subdivision (1) or (2) of 1053 this subsection shall receive a grant in an amount equal to sixty dollars 1054 for every secondary school student enrolled in such center on said date. 1055 (d) (1) If there are any remaining funds after the amount of the grants 1056 described in subsections (a) and (c) of this section are calculated, within 1057 available appropriations, each local or regional board of education 1058 operating an agricultural science and technology education center shall 1059 be eligible to receive a grant in an amount equal to one hundred dollars 1060 for each student enrolled in such center on October first of the previous 1061 school year. (2) If there are any remaining funds after the amount of the 1062 grants described in subdivision (1) of this subsection are calculated, 1063 within available appropriations, each local or regional board of 1064 education operating an agricultural science and technology education 1065 center that had more than one hundred fifty out-of-district students 1066 enrolled in such center on October first of the previous school year shall 1067 be eligible to receive a grant based on the ratio of the number of out-of-1068 district students in excess of one hundred fifty out-of-district students 1069 enrolled in such center on said date to the total number of out-of-district 1070 students in excess of one hundred fifty out-of-district students enrolled 1071 in all agricultural science and technology education centers that had in 1072 excess of one hundred fifty out-of-district students enrolled on said 1073 date. 1074 (e) For the fiscal years ending June 30, 2012, and June 30, 2013, the 1075 Department of Education shall allocate five hundred thousand dollars 1076 to local or regional boards of education operating an agricultural science 1077 and technology education center in accordance with the provisions of 1078 subsections (b) to (d), inclusive, of this section.] 1079 Raised Bill No. 948 LCO No. 3960 34 of 37 [(f)] (c) For the fiscal year ending June 30, 2013, and each fiscal year 1080 thereafter, if a local or regional board of education receives an increase 1081 in funds pursuant to this section over the amount it received for the 1082 prior fiscal year such increase shall not be used to supplant local funding 1083 for educational purposes. 1084 [(g) Notwithstanding the provisions of sections 10-51 and 10-222, for 1085 the fiscal years ending June 30, 2015, to June 30, 2017, inclusive, any 1086 amount received by a local or regional board of education pursuant to 1087 subdivision (2) of subsection (a) of this section that exceeds the amount 1088 appropriated for education by the municipality or the amount in the 1089 budget approved by such regional board of education for purposes of 1090 said subdivision (2) of subsection (a) of this section, shall be available 1091 for use by such local or regional board of education, provided such 1092 excess amount is spent in accordance with the provisions of subdivision 1093 (2) of subsection (a) of this section.] 1094 (d) For the purposes of equalization aid under section 10-262h, as 1095 amended by this act, a student enrolled in an agricultural science and 1096 technology education center shall be considered a student enrolled in 1097 the school district in which such student resides. 1098 Sec. 9. Subsection (d) of section 10-64 of the general statutes is 1099 repealed and the following is substituted in lieu thereof (Effective July 1, 1100 2021): 1101 (d) Any local or regional board of education which does not furnish 1102 agricultural science and technology education approved by the State 1103 Board of Education shall designate a school or schools having such a 1104 course approved by the State Board of Education as the school which 1105 any person may attend who has completed an elementary school course 1106 through the eighth grade. The board of education shall pay the [tuition 1107 and] reasonable and necessary cost of transportation of any person 1108 under twenty-one years of age who is not a graduate of a high school or 1109 technical education and career school or an agricultural science and 1110 technology education center and who attends the designated school, 1111 Raised Bill No. 948 LCO No. 3960 35 of 37 provided transportation services may be suspended in accordance with 1112 the provisions of section 10-233c. Each such board's reimbursement 1113 percentage pursuant to section 10-266m for expenditures in excess of 1114 eight hundred dollars per pupil incurred in the fiscal year beginning 1115 July 1, 2004, and in each fiscal year thereafter, shall be increased by an 1116 additional twenty percentage points. 1117 Sec. 10. Subsection (b) of section 10-97 of the general statutes is 1118 repealed and the following is substituted in lieu thereof (Effective July 1, 1119 2021): 1120 (b) Any local or regional board of education which does not furnish 1121 agricultural science and technology education approved by the State 1122 Board of Education shall designate a school or schools having such a 1123 course approved by the State Board of Education as the school which 1124 any person may attend who has completed an elementary school course 1125 through the eighth grade. The board of education shall pay the [tuition 1126 and] reasonable and necessary cost of transportation of any person 1127 under twenty-one years of age who is not a graduate of a high school or 1128 technical education and career school and who attends the designated 1129 school, provided transportation services may be suspended in 1130 accordance with the provisions of section 10-233c. Each such board's 1131 reimbursement percentage pursuant to section 10 -266m for 1132 expenditures in excess of eight hundred dollars per pupil incurred in 1133 the fiscal year beginning July 1, 1987, and in each fiscal year thereafter, 1134 shall be increased by an additional twenty percentage points. 1135 Sec. 11. Subsections (g) and (h) of section 10-266aa of the general 1136 statutes are repealed and the following is substituted in lieu thereof 1137 (Effective July 1, 2021): 1138 (g) (1) [Except as provided in subdivision (2) of this subsection, the 1139 Department of Education shall provide, within available 1140 appropriations, an annual grant to the local or regional board of 1141 education for each receiving district in an amount not to exceed two 1142 thousand five hundred dollars for each out-of-district student who 1143 Raised Bill No. 948 LCO No. 3960 36 of 37 attends school in the receiving district under the program.] For the fiscal 1144 year ending June 30, 2022, and each fiscal year thereafter, each receiving 1145 district shall be paid a grant equal to the amount the town is entitled to 1146 receive under the provisions of section 4 of this act. 1147 [(2) For the fiscal year ending June 30, 2013, and each fiscal year 1148 thereafter, the department shall provide, within available 1149 appropriations, an annual grant to the local or regional board of 1150 education for each receiving district if one of the following conditions 1151 are met as follows: (A) Three thousand dollars for each out-of-district 1152 student who attends school in the receiving district under the program 1153 if the number of such out-of-district students is less than two per cent of 1154 the total student population of such receiving district, (B) four thousand 1155 dollars for each out-of-district student who attends school in the 1156 receiving district under the program if the number of such out-of-1157 district students is greater than or equal to two per cent but less than 1158 three per cent of the total student population of such receiving district, 1159 (C) six thousand dollars for each out-of-district student who attends 1160 school in the receiving district under the program if the number of such 1161 out-of-district students is greater than or equal to three per cent but less 1162 than four per cent of the total student population of such receiving 1163 district, (D) six thousand dollars for each out-of-district student who 1164 attends school in the receiving district under the program if the 1165 Commissioner of Education determines that the receiving district has an 1166 enrollment of greater than four thousand students and has increased the 1167 number of students in the program by at least fifty per cent from the 1168 previous fiscal year, or (E) eight thousand dollars for each out-of-district 1169 student who attends school in the receiving district under the program 1170 if the number of such out-of-district students is greater than or equal to 1171 four per cent of the total student population of such receiving district.] 1172 [(3)] (2) Each town which receives funds pursuant to this subsection 1173 shall make such funds available to its local or regional board of 1174 education in supplement to any other local appropriation, other state or 1175 federal grant or other revenue to which the local or regional board of 1176 education is entitled. 1177 Raised Bill No. 948 LCO No. 3960 37 of 37 (h) [Notwithstanding any provision of this chapter, each sending 1178 district and each receiving district shall divide the number of children 1179 participating in the program who reside in such district or attend school 1180 in such district by two for purposes of the counts for subdivision (22) of 1181 section 10-262f and subdivision (2) of subsection (a) of section 10-261.] 1182 For the purposes of equalization aid under section 10-262h, as amended 1183 by this act, a student participating in the program shall not be 1184 considered a student enrolled in the school district in which such 1185 student resides. 1186 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021 10-262f(22) Sec. 2 July 1, 2021 10-262f(25) Sec. 3 July 1, 2021 10-262h Sec. 4 July 1, 2021 New section Sec. 5 July 1, 2021 10-264l Sec. 6 July 1, 2021 10-264o(b) Sec. 7 July 1, 2021 10-66ee(d)(1) Sec. 8 July 1, 2021 10-65 Sec. 9 July 1, 2021 10-64(d) Sec. 10 July 1, 2021 10-97(b) Sec. 11 July 1, 2021 10-266aa(g) and (h) Statement of Purpose: To make revisions to how public education is funded in the state to address issues of equity and systemic racism. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]