Connecticut General Statutes
Chapter 172 - Support of Public Schools. Transportation
Section 10-264o. - Tuition payable to interdistrict magnet schools that assist the state in meeting its obligations pursuant to Sheff v. O'Neill.

(a) Notwithstanding any provision of this chapter, interdistrict magnet schools that begin operations on or after July 1, 2008, pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, may operate without district participation agreements and enroll students from any district through a lottery designated by the commissioner.

(b) For the fiscal year ending June 30, 2013, and each fiscal year thereafter, any tuition charged to a local or regional board of education by a regional educational service center operating an interdistrict magnet school assisting the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, for any student enrolled in kindergarten to grade twelve, inclusive, in such interdistrict magnet school shall be in an amount equal to the difference between (1) the average per pupil expenditure of the magnet school for the prior fiscal year, and (2) the amount of any per pupil state subsidy calculated under subsection (c) of section 10-264l, plus any revenue from other sources calculated on a per pupil basis. If any such board of education fails to pay such tuition, the commissioner may withhold from such board's town or towns a sum payable under section 10-262i in an amount not to exceed the amount of the unpaid tuition to the magnet school and pay such money to the fiscal agent for the magnet school as a supplementary grant for the operation of the interdistrict magnet school program. In no case shall the sum of such tuitions exceed the difference between (A) the total expenditures of the magnet school for the prior fiscal year, and (B) the total per pupil state subsidy calculated under subsection (c) of section 10-264l, plus any revenue from other sources. The commissioner may conduct a comprehensive review of the operating budget of a magnet school to verify such tuition rate.
(c) (1) For the fiscal year ending June 30, 2013, a regional educational service center operating an interdistrict magnet school assisting the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, and offering a preschool program shall not charge tuition for a child enrolled in such preschool program.
(2) For the fiscal year ending June 30, 2014, a regional educational service center operating an interdistrict magnet school assisting the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, and offering a preschool program may charge tuition to the Department of Education for a child enrolled in such preschool program in an amount not to exceed an amount equal to the difference between (A) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (B) the amount of any per pupil state subsidy calculated under subsection (c) of section 10-264l, plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.
(3) For the fiscal year ending June 30, 2015, a regional educational service center operating an interdistrict magnet school assisting the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, and offering a preschool program may charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount that is in accordance with the sliding tuition scale adopted by the State Board of Education pursuant to section 10-264p. The Department of Education shall be financially responsible for any unpaid portion of the tuition not charged to such parent or guardian under such sliding tuition scale. Such tuition shall not exceed an amount equal to the difference between (A) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (B) the amount of any per pupil state subsidy calculated under subsection (c) of section 10-264l, plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.
(4) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, a regional educational service center operating an interdistrict magnet school assisting the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, and offering a preschool program shall charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount up to four thousand fifty-three dollars, except such regional educational service center shall not charge tuition to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The Department of Education shall, within available appropriations, be financially responsible for any unpaid tuition charged to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.
(P.A. 08-170, S. 14; Sept. Sp. Sess. P.A. 09-6, S. 24; P.A. 11-136, S. 13; Dec. Sp. Sess. P.A. 12-1, S. 13; P.A. 13-247, S. 125; P.A. 14-217, S. 94; June Sp. Sess. P.A. 15-5, S. 314; June Sp. Sess. P.A. 21-2, S. 412.)
History: P.A. 08-170 effective July 1, 2008; Sept. Sp. Sess. P.A. 09-6 deleted former Subsec. (b) and made a conforming change, deleted “but prior to July 1, 2009,” from provision re when interdistrict magnet schools begin operations, added language re lottery designated by commissioner to provision re enrollment of students from any district, made existing provision re tuition charged applicable to fiscal year 2009, and added provisions re tuition charged applicable to fiscal year 2010, fiscal year 2011 and each fiscal year thereafter, re sum of tuitions and re comprehensive review of operating budget by commissioner, effective October 5, 2009; P.A. 11-136 replaced “subsection (c) of this section” with “subsection (c) of section 10-264l” re calculation of per pupil state subsidy, effective July 8, 2011; Dec. Sp. Sess. P.A. 12-1 added “in a preschool program or in kindergarten to grade twelve, inclusive”, effective December 21, 2012; P.A. 13-247 deleted provisions re magnet school tuition charged for fiscal years ending June 30, 2009, and June 30, 2010, designated existing provisions as Subsecs. (a) and (b), amended Subsec. (b) by replacing “2011” with “2013”, deleting “in a preschool program or”, redesignating existing Subparas. (A) and (B) as Subdivs. (1) and (2), redesignating existing clauses (i) and (ii) as Subparas. (A) and (B) and making a conforming change, and added Subsec. (c) re preschool program tuition, effective July 1, 2013; P.A. 14-217 added “as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.” throughout and, in Subsecs. (b) and (c), replaced “that began operations on or after July 1, 2008, pursuant to” with “assisting the state in meeting the goals of”, effective July 1, 2014; June Sp. Sess. P.A. 15-5 added “as extended” re 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al. throughout and amended Subsec. (c) by deleting “and each fiscal year thereafter” in Subdiv. (3) and adding Subdiv. (4) re tuition charged to parent or guardian, effective July 1, 2015; June Sp. Sess. P.A. 21-2 replaced references to the 2008 and 2013 stipulations and orders for Milo Sheff, et al. v. William A. O'Neill, et al., with references to obligations pursuant to decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, made a conforming change in Subsec. (a), and added “,” after “10-264l” in Subsecs. (b), (c)(2) and (c)(3), effective June 23, 2021.

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