Sec. 10-289. Issuance of bonds for school building project. As used in this section, "school building project" means (1) the construction, purchase, extension, furnishing, equipping or major alteration of a building to be used for public school purposes,
including the acquisition and improvement of land therefor, with the improvements
thereon, if any, and (2) the construction, furnishing and equipping of any building which
the towns of Norwich, Winchester and Woodstock may provide by lease or otherwise
for use by the Norwich Free Academy, Gilbert School and Woodstock Academy, respectively, in furnishing education for public school pupils under the provisions of section
10-34. Any municipality upon approval by a vote of the members present at a regular
or special meeting of its legislative body, shall have the power, without further authority
from the General Assembly, to issue its bonds, or temporary notes related thereto, which
shall be obligatory upon the inhabitants thereof, for the purpose of financing in whole
or in part any school building project. School bonds, or temporary notes related thereto,
authorized pursuant to this section or section 10-56, shall bear interest at such rate or
rates as shall be determined in accordance with the provisions of resolutions authorizing
such bonds or notes.
(November, 1949, 1953, June, 1955, S. 988d; 1957, P.A. 13, S. 66; 593, S. 8; 1971, P.A. 695, S. 7; P.A. 74-114, S. 1,
2; P.A. 76-418, S. 11, 18; P.A. 78-218, S. 197; P.A. 82-253, S. 3, 4.)
History: 1971 act included purchase of buildings in definition of "school building project" and included consolidated
towns and cities and consolidated towns and boroughs in bonding authorization; P.A. 74-114 included in definition provisions re Norwich Free Academy, Gilbert School and Woodstock Academy; P.A. 76-418 added provision re interest on
bonds; P.A. 78-218 substituted "municipality" for "town, consolidated town and city and consolidated town and borough";
P.A. 82-253 added references to temporary notes to be in conformance with provisions in Sec. 10-287 under which grant
installment payments are related to payments on municipal bonds, including payments to retire temporary notes under
certain conditions, effective July 1, 1982, and applicable to installment payments made on or after that date to retire
temporary notes renewed for the third and subsequent years pursuant to Sec. 7-378a or 7-378e.
See Sec. 364d, 1955 supplement.
Acquisition of a school building site is not subject to section 10-291 and is not within the definition of a school building
project. 168 C. 135. Cited. 220 C. 556, 563.
Sec. 10-289a. Short-term financing for school building projects. Notwithstanding any other provision of the general statutes, in the case of any school building project
for which the total cost is less than one million dollars, the state shall not require permanent local financing prior to the payment of a grant for a school building project under
this chapter. In any such case, the school district may pay off its debt on any such project
over a period not to exceed four years if the school district promptly applies all project
grant payments toward project costs or toward payment of temporary notes as the same
become due and payable and provides for the payment of such notes in equal annual
installments commencing no later than one year from the date of issue.
(P.A. 85-589, S. 1, 3; June Sp. Sess. P.A. 91-5, S. 36, 49; P.A. 97-265, S. 83, 98.)
History: June Sp. Sess. P.A. 91-5 substituted "one million" for "five hundred thousand" dollar limit on projects which
do not require permanent local financing as condition of grant payment; P.A. 97-265 deleted provision for state payment
of interest and made a technical change, effective July 1, 1997.
Secs. 10-289b and 10-289c. Reserved for future use.
Sec. 10-289d. Definitions. For purposes of this section and sections 10-289e to
10-289g, inclusive:
(1) "Qualifying municipality" means a city, town or consolidated city and town
which does not maintain a public high school and whose board of education has designated a private academy as the high school for such municipality for a period of not less
than five years.
(2) "Private academy" means an incorporated or endowed high school or academy
which is approved by the State Board of Education for public high school purposes
pursuant to section 10-34 and which has been or is eligible to apply for a school construction grant commitment from the state pursuant to this chapter.
(3) "School building project" means a school building project as defined in subdivision (3) of section 10-282.
(4) "Bonds or notes" means any bonds or notes or any temporary notes issued in
anticipation of the receipt of the proceeds of such bonds or notes.
(P.A. 87-461, S. 1, 7; 87-499, S. 27, 34; P.A. 90-256, S. 7, 9; P.A. 96-270, S. 8, 11.)
History: P.A. 87-499 amended the definition of "private academy" in Subdiv. (2) to substitute "has been or is eligible
to" for "may" apply for a grant commitment; P.A. 90-256 in Subdiv. (2) substituted "an incorporated or endowed high
school or academy" for "private academy" in the definition of "private academy"; P.A. 96-270 made a technical change
in Subdiv. (3), effective July 1, 1996.
See Sec. 10-285b re grants to Woodstock Academy for school building projects.
Sec. 10-289e. Private academy project proposal, public hearing, referendum
vote. Any private academy may propose to undertake a school building project to be
financed by a loan of the proceeds of bonds or notes of a qualifying municipality and
to have such bonds or notes guaranteed by one or more qualifying municipalities as
provided in sections 10-289d to 10-289g, inclusive. Any such proposal shall describe
generally the school building project, the maximum amount of the loan, the maximum
amount of any bonds or notes to be issued, the name of the qualifying municipality
which will issue such bonds or notes and the name of each qualifying municipality
which will guarantee the payment of such bonds or notes. The private academy shall
submit any such proposal to the board of selectmen of each qualifying municipality
named in the proposal which has a board of selectmen or to the town council in each
qualifying municipality named in the proposal which has a town council. The board of
selectmen or town council to which such a proposal is submitted may, and upon the
recommendation of the board of education of such qualifying municipality shall, hold
a public hearing and a referendum vote on such proposal. The referendum shall be held
no later than ninety days after the private academy submits such a proposal to a qualifying
municipality. A copy of the proposal shall be filed in the office of the town clerk of each
qualifying municipality named in the proposal and shall be made available for public
inspection during the period beginning at least five days prior to the public hearing and
ending on the day of such referendum. Notice of the public hearing shall be posted and
published in a newspaper which has a substantial circulation in the qualifying municipality at least five days prior to such public hearing. Notice of the referendum and the
question to be proposed shall be posted and published in a newspaper which has a
substantial circulation in the qualifying municipality at least thirty days prior to such
referendum. The referendum shall be held between the hours of six a.m. and eight p.m.
The vote shall be taken and the results of the vote canvassed and declared in the same
manner as is provided for an election of officers of a town, except that any person entitled
to vote under section 7-6 may vote. If, in each qualifying municipality named in the
proposal, the majority of those persons voting vote in favor of the proposal, the proposal
shall be approved.
(P.A. 87-461, S. 2, 7; 87-499, S. 28, 34.)
History: P.A. 87-499 deleted the provision that absentee voting not be permitted in the referendum.
Sec. 10-289f. Loans. Bond issues. Guaranties. (a) Any qualifying municipality
which has a private academy within its boundaries may, in accordance with the provisions of sections 10-289d to 10-289g, inclusive, and if approved at a referendum in the
manner provided in said sections, (1) make loans to the private academy to pay the costs
of a school building project and (2) issue its bonds or notes to finance such loans.
(b) Any qualifying municipality may, in accordance with the provisions of sections
10-289d to 10-289g, inclusive, and if approved at referendum in the manner provided
in said sections, guarantee the payment of principal and any redemption premiums of
an interest on any bonds or notes issued pursuant to said sections.
(c) All loans authorized by said sections 10-289d to 10-289g, inclusive, shall be
secured or unsecured, be evidenced by a note of the private academy, and be in such
amounts, bear such date or dates, mature at such time or times, and may be subject to
prepayment and may contain such other terms and conditions as are contained in a loan
agreement between the qualifying municipality and the private academy. The board of
selectmen of a qualifying municipality which has a board of selectmen or the town
council in a qualifying municipality which has a town council may approve such loan
agreement on behalf of such municipality.
(d) All bonds or notes issued pursuant to said sections 10-289d to 10-289g, inclusive, shall be subject to the provisions of chapter 109 except as otherwise provided in
said sections. Notwithstanding the provisions of any general statute, special act or charter, bonds or notes issued pursuant to said sections shall be special obligations of the
issuing municipality payable solely from the revenues, property and funds pledged to
the payment thereof and shall be issued pursuant to a trust indenture between the issuing
municipality and a bank or trust company. The board of selectmen or town council of
the issuing municipality may approve the terms and provisions of such bonds or notes
and of such trust indenture including, but not limited to, amounts, dates, maturities, rates
of interest, and redemption provisions of such bonds or notes, the revenues, property
or funds pledged to secure the payment thereof, the establishment of reserves and other
funds and any other provisions as are customary in trust indentures securing bonds and
debentures of corporations including, but not limited to, provisions for protecting or
enforcing the rights and remedies of the holders of such bonds or notes or to restrict the
individual rights of action of such holders. Such bonds or notes shall be secured by the
note of the private academy, the loan repayment obligations and other covenants and
provisions of the private academy under its loan agreement with the issuing municipality,
the assignment of any security or property pledged by the private academy to secure
repayment of its loan, any guaranty agreements of any qualifying municipality and any
grant payments to which the trustee for the bonds or notes may be entitled to receive
pursuant to section 10-289g. Any pledge made by the issuing municipality shall be valid
and binding from the time the pledge is made. The revenues, property or funds so pledged
and thereafter received by the issuing municipality shall immediately be subject to the
lien of such pledge without any physical delivery thereof or further act. The lien of any
such pledge shall be valid and binding as against all parties having claims of any kind
in tort, contract or otherwise against the issuing municipality, irrespective of whether
such parties have notice thereof. Neither the trust indenture nor any other instrument
by which a pledge is created need be recorded or filed.
(e) Bonds and notes issued pursuant to sections 10-289d to 10-289g, inclusive, shall
be special obligations of the issuing municipality and shall not be payable from nor
charged upon any funds other than the revenues, property or funds pledged to the payment thereof, nor shall the issuing municipality be subject to any liability thereon except
to the extent of such pledged revenues, property and funds. No holder or holders of any
bonds or notes shall have the right to compel any exercise of the taxing power of the
issuing municipality to pay any bonds or notes or the interest thereon, nor to enforce
payment thereon against any property of the issuing municipality except the revenues,
property or funds pledged under the trust indenture. The bonds or notes shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the issuing
municipality, except the revenues, property or funds pledged under the trust indenture.
The substance of such limitation shall be plainly stated on the face of each bond or note.
(f) A qualifying municipality may contract with the holders of any of the bonds
or notes issued pursuant to sections 10-289d to 10-289g, inclusive, as to the custody,
collection, securing, investment and payment of any moneys of such a municipality
derived in furtherance of the purposes of said sections and of any moneys held in a trust
or otherwise for the payment of such bonds or notes, and carry out such contract. Moneys
held in trust or otherwise for the payment of bonds or notes or in any way to secure
bonds or notes and deposits of such moneys may be secured in the same manner as
moneys of such a municipality. All banks and trust companies may give such security
for such deposits. All moneys, securities and property received by such a municipality
in trust for security of the bonds or notes issued pursuant to sections 10-289d to 10-289g, inclusive, shall be kept separate from other funds and accounts of the municipality
and shall be used for the purposes of said sections and for no other purpose. All accounts
of such a municipality established in furtherance of the purposes of said sections shall
be audited annually by an independent certified public accountant.
(g) The bonds or notes of a municipality issued pursuant to sections 10-289d to 10-289g, inclusive, are (1) securities in which all public officers and bodies of the state and
all municipalities and municipal subdivisions, all insurance companies and associations
and other persons carrying on an insurance business, all banks, bankers, trust companies,
savings banks and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, all administrators,
guardians, executors, trustees and other fiduciaries and all other persons whatsoever
who are or may be authorized to invest in bonds or in other obligations of the state may
properly and legally invest funds, including capital, in their control or belonging to them
and (2) securities which may be deposited with and shall be received by all public officers
and bodies of the state and all municipalities for any purpose for which the deposit of
bonds or other obligations of the state is or may be authorized.
(h) It is determined that the powers conferred on municipalities by sections 10-289d
to 10-289g, inclusive, are in all respect for the benefit of the people of the state and
for the improvement of their health, safety, welfare, comfort and security and that the
purposes of said sections are public purposes and that municipalities will be performing
an essential governmental function in the exercise of the powers conferred upon them
by said sections. In consideration of the acceptance of any payment for bonds or notes
issued by a municipality pursuant to sections 10-289d to 10-289g, inclusive, the state
covenants with the purchasers and all subsequent holders and transferees of such bonds
or notes that such bonds or notes and the income therefrom shall at all times be free from
taxation, except for estate and gift taxes and taxes on transfers. Issuing municipalities are
authorized to include this covenant of the state in any agreement with the holder of such
bonds or notes.
(i) The state pledges to and agrees with the holders of any bonds or notes that the
state will not limit or alter the rights vested in a qualifying municipality to fulfill the
terms of any agreements made with such holders, including agreements in any loan
agreements, trust indentures or guaranty agreements, or in any way impair the rights
and remedies of such holders until such bonds or notes, issued pursuant to sections 10-289d to 10-289g, inclusive, together with the interest thereon, with interest on any unpaid
installments of interest, and all costs and expenses in connection with any action or
proceeding by or on behalf of such holders are fully met and discharged. A qualifying
municipality may include this pledge and agreement of the state in any agreement with
the holders of such bonds or notes.
(j) All guaranties authorized by sections 10-289d to 10-289g, inclusive, shall be in
such amounts, shall bear such date or dates and may contain such other terms and conditions as are contained in a guaranty agreement between the qualifying municipality and
the indenture trustee for the bonds or notes issued pursuant to said sections. The board
of selectmen or town council of the qualifying municipality may approve such guaranty
agreement on behalf of such municipality. Each such guaranty shall constitute a general
obligation of such qualifying municipality. If more than one qualifying municipality
has entered into any such guaranty, each such municipality may, in the guaranty
agreement, limit its obligation to an amount proportionate to the ratio of the number of
students eligible for high school education from such municipality to the total number
of students eligible for high school education from all municipalities which have entered
such guaranties. Such guaranty obligations shall be reduced by the amount of moneys
or securities held by the trustee for the bonds or notes in any fund for payment of such
bonds or notes, including any grant payments received by the trustee pursuant to section
10-289g.
(k) No bonds or notes issued pursuant to sections 10-289d to 10-289g, inclusive,
nor any guaranty of such bonds or notes shall be subject to any statutory limitation
on the indebtedness of any qualifying municipality nor be included in computing the
aggregate indebtedness and borrowing capacity of any qualifying municipality.
(l) The validity of any bonds or notes or of any guaranty authorized by sections
10-289d to 10-289g, inclusive, may be contested only if an action, suit or proceeding
contesting such validity is commenced within sixty days after the date of any referendum
approval thereof.
(P.A. 87-461, S. 3, 7.)
Sec. 10-289g. Defaults in payment. Withholding of state aid. The loan obligation of the private academy and the bonds or notes issued to finance such loan shall be
secured by all school construction grants committed by the state to the private academy
for the school building project. In the event of any default by the private academy under
its loan agreement, the qualifying municipalities shall have the right to set off any tuition
payments to the private academy to the extent of all loan payments due by the private
academy under its loan agreement during each twelve-month period following such
default and make such tuition payments directly to the trustee for the bonds or notes.
Whenever it is established that a qualifying municipality or private academy has defaulted in the payment of the principal or redemption premium or interest on its bonds
or notes or on any payment obligation due under any loan agreement authorized by
sections 10-289d to 10-289g, inclusive, or any other event of default under any such
loan agreement or guaranty agreement or the trust indenture for the bonds or notes
occurs, the payment of state aid and assistance to such qualifying municipality or private
academy pursuant to any statute in existence at the time the default is established shall
be withheld by the state. If the trustee, on behalf of a holder or owner of any such
bond or note or of such qualifying municipality or private academy, files with the State
Comptroller a verified statement describing such default, the Comptroller may investigate the circumstances of the alleged default, prepare and file in his office a certificate
setting forth his finding with respect to the default and serve a copy of such finding, by
registered or certified mail, upon the treasurer or chief fiscal officer of each such qualifying municipality and the private academy and the indenture trustee. Upon the filing of
such a verified statement in the office of the Comptroller, the Comptroller shall deduct
and withhold from all succeeding payments of state aid or assistance otherwise due each
such qualifying municipality or private academy such amounts as are necessary to pay
the principal and redemption premium of and interest on such bonds and notes of such
a qualifying municipality until such time as the indenture trustee files a verified statement
with the Comptroller that all defaults have been cured. Payments of state aid or assistance
so deducted and withheld shall be forwarded promptly by the Comptroller and the Treasurer to the paying agent or agents for the bonds and notes for the sole purpose of payment
of principal and redemption premium of and interest on such bonds or notes. The Comptroller shall promptly notify the treasurer or the chief fiscal officer of each such qualifying municipality and the private academy of any payment or payments made to any
paying agent or paying agents pursuant to this section. The state of Connecticut hereby
covenants with the purchasers, holders and owners from time to time of bonds and
notes issued by a qualifying municipality for school purposes that it will not repeal the
provisions of this section or amend or modify the same so as to limit or impair the rights
and remedies granted by this section, provided nothing in this section shall be deemed
or construed as requiring the state to continue the payment of state aid or assistance to
any qualifying municipality or private academy or as limiting or prohibiting the state
from repealing or amending any law relating to state aid or assistance, the manner and
time of payment or apportionment thereof or the amount thereof.
(P.A. 87-461, S. 4, 7.)
Sec. 10-289h. Central kitchen facility projects. Notwithstanding any provision
of this chapter, a local or regional board of education may design and construct a central
kitchen facility to provide food services to its public schools and shall be eligible for a
school construction grant at the rate of reimbursement pursuant to subsection (a) of
section 10-285a. Such project may also include costs for alterations, expansions or creation of existing or new kitchen facilities in its schools to accommodate the new method
of centralized food service preparation. Such projects shall not be subject to the standard
space specification requirements for school construction projects, but shall be of reasonable size and scope as approved by the Commissioner of Education.
(P.A. 01-173, S. 29, 67.)
History: P.A. 01-173 effective July 1, 2001.
Sec. 10-290. Advisory school planning service. Section 10-290 is repealed.
(1953, S. 989d; 1957, P.A. 593, S. 9; 1959, P.A. 611, S. 6.)
Sec. 10-290a. Commissioner of Education to provide advisory services re
school plant planning. The Commissioner of Education shall provide advisory services
to local officials and agencies on long range school plant planning and educational
specifications and review the sketches and preliminary plans and outline specifications
for any school building project and the educational program which it is designed to
house and advise boards of education and school building committees regarding the
suitability of such plans on the basis of educational effectiveness, sound construction
and reasonable economy of cost, including energy economy and efficiency.
(1959, P.A. 611, S. 1; 1969, P.A. 434, S. 1; P.A. 76-418, S. 12, 18; P.A. 77-597, S. 3; 77-614, S. 73, 610; P.A. 84-460,
S. 13, 16; P.A. 85-613, S. 23, 154; P.A. 88-360, S. 40, 63.)
History: 1969 act included in duties of school construction economy service the provision of advisory services for long-range school plant planning and educational specifications and limited duty re plans and specifications to preliminary plans
and specifications, deleting reference to final plans and specifications; P.A. 76-418 allowed board to employ engineers
and to use expertise of public works department; P.A. 77-597 included advice concerning energy economy and efficiency
and allowed board to hire accountants; P.A. 77-614 substituted department of administrative services for department of
public works; P.A. 84-460 deleted provisions re school construction economy service and provisions re "employment of
necessary staff, including architects, engineers and accountants..."; P.A. 85-613 made technical changes; P.A. 88-360
substituted "commissioner" for "state board" of education.
Sec. 10-290b. Publication and distribution of information. The Commissioner
of Education shall arrange for the collection, publication and distribution of information
on procedures for school building committees, building methods and materials suitable
for school construction and on relevant educational methods, requirements and materials, and shall furnish such information to towns or regional school districts planning
school construction. Said commissioner, through the school construction economy service, shall from time to time inform local officials and agencies involved in school
construction of the services available under sections 10-290a to 10-290d, inclusive.
(1959, P.A. 611, S. 2; P.A. 84-460, S. 14, 16; P.A. 88-360, S. 41, 63.)
History: P.A. 84-460 deleted reference to school construction economy service; P.A. 88-360 substituted "commissioner"
for "state board" of education.
Sec. 10-290c. Advisory committee. Section 10-290c is repealed.
(1959, P.A. 611, S. 3; P.A. 76-418, S. 13, 18; P.A. 77-614, S. 609, 610.)
Sec. 10-290d. Conveyance of air space over schools. Any municipality, with the
approval of the Commissioner of Education, may convey any type of interest in air space
over land used for school purposes to a private developer for residential or commercial
uses or to a quasi-municipal or public nonmunicipal corporation. Said conveyance shall
be made upon the recommendation of the chief executive officer with the approval of
the legislative body of the municipality.
(1959, P.A. 611, S. 4; February, 1965, P.A. 340, S. 1; 1969, P.A. 705; P.A. 76-418, S. 14, 18; P.A. 84-460, S. 15, 16;
P.A. 88-360, S. 42, 63; P.A. 90-256, S. 4, 9.)
History: 1965 act required that plans and specifications are to be submitted "at such time and in such manner as the
state board of education may specify"; 1969 act added provisions re use of commercial or residential structures for school
purposes and incorporated as Subsec. (b) provisions re conveyance of air space over land used for school purposes to
private developer or quasi-municipal or public nonmunicipal corporation; P.A. 76-418 permitted state board to disapprove
state assistance for projects which fail to meet construction standards, replacing provision which required board to "state
in detail wherein it believes there has been a departure from such standards"; P.A. 84-460 deleted reference to school
construction economy service and deleted provisions re standards of construction to "include the use of commercial or
residential structures for school purposes"; P.A. 88-360 substituted "commissioner" for "state board" of education and
made a technical change; P.A. 90-256 deleted Subsec. (a) re the establishment of standards of construction and review by
the commissioner of education of preliminary plans and specifications.
Sec. 10-291. Approval of plans and site. Expense limit. (a) No school building
project for which state assistance is sought shall be undertaken except according to a
plan and on a site approved by the Department of Education, the town or regional board
of education and by the building committee of such town or district. No such school
building project shall be undertaken at an expense exceeding the sum which the town
or regional district may appropriate for the project. In the case of a school building
project financed in whole or in part by an energy conservation lease purchase agreement,
the expense of the project shall not exceed the sum which the town or regional school
district approved for the project. A copy of final plans and specifications for each phase
of site development and construction of all school building projects and for each phase
thereof including site development shall be filed with the Commissioner of Education
subject to the provisions of section 10-292 before the start of such phase of development
or construction shall be begun. In the case of a school building project which is a new
construction, extension or replacement of a building to be used for public school purposes, the town or regional board of education and the building committee of such town
or district, prior to the approval of the architectural plans pursuant to the provisions of
section 10-292, shall provide for a Phase I environmental site assessment in accordance
with the American Society for Testing and Materials Standard #1527, Standard Practice
for Environmental Site Assessments: Phase I Environmental Site Assessment Process,
or similar subsequent standards. The costs of performing such Phase I environmental
site assessment shall be considered eligible costs of such school construction project. A
town or regional school district may commence a phase of development or construction
before completion of final plans and specifications for the whole project provided a
copy of the latest preliminary plan and cost estimate for such project which has been
approved by the town or regional board of education and by the building committee
shall be submitted with the final plans and specifications for such phase. Any board of
education which, prior to the approval of a grant commitment by the General Assembly,
commences any portion of a school construction project or causes any such project to
be let out for bid, shall not be eligible for a school construction grant until a grant
commitment is so approved.
(b) The Department of Education shall not approve a school building project plan
or site, as applicable, if:
(1) The site is in an area of moderate or high radon potential, as indicated in the
Department of Environmental Protection's Radon Potential Map, or similar subsequent
publications, except where the school building project plan incorporates construction
techniques to mitigate radon levels in the air of the facility;
(2) The plans incorporate new roof construction or total replacement of an existing
roof and do not provide for the following: (A) A minimum roof pitch of one-half inch
per foot, except that for a total replacement of an existing roof, the Commissioner of
Education may permit the minimum roof pitch to be reduced to one-quarter inch per
foot if the commissioner finds, based upon written certification from a licensed architect
or engineer provided by the town or regional board of education, that (i) such reduction
of roof pitch will not impede drainage or cause pooling of water that may leak into the
building to a greater degree than that of a roof of a minimum roof pitch of one-half inch
per foot, (ii) the cost of replacing the roof with a minimum roof pitch of one-half inch
per foot would substantially exceed the cost of replacing the roof with a minimum roof
pitch of one-quarter inch per foot, (iii) the time needed to replace the roof with a minimum
roof pitch of one-half inch per foot would be substantially longer than the time needed
to replace the roof with a minimum roof pitch of one-quarter inch per foot, and (iv) the
existing building would not support a roof with a roof pitch of one-half inch per foot
without a substantial rebuilding of the existing building, (B) a minimum twenty-year
unlimited manufacturer's guarantee for water tightness covering material and workmanship on the entire roofing system, (C) the inclusion of vapor retarders, insulation, bitumen, felts, membranes, flashings, metals, decks and any other feature required by the
roof design, and (D) that all manufacturer's materials to be used in the roofing system are
specified to meet the latest standards for individual components of the roofing systems of
the American Society for Testing and Materials;
(3) In the case of a major alteration, renovation or extension of a building to be used
for public school purposes, the plans do not incorporate the guidelines set forth in the
Sheet Metal and Air Conditioning Contractors National Association's publication entitled "Indoor Air Quality Guidelines for Occupied Buildings Under Construction" or
similar subsequent publications; or
(4) In the case of a new construction, extension, renovation or replacement, the
plans do not provide that the building maintenance staff responsible for such facility
are trained in or are receiving training in, or that the applicant plans to provide training
in, the appropriate areas of plant operations including, but not limited to, heating, ventilation and air conditioning systems pursuant to section 10-231e, with specific training
relative to indoor air quality.
(1949 Rev., S. 1496; 1953, S. 990d; 1957, P.A. 593, S. 10; 1967, P.A. 294, S. 1; P.A. 73-358, S. 2; P.A. 76-418, S. 15,
18; P.A. 85-589, S. 2, 3; P.A. 88-360, S. 43, 63; P.A. 91-220, S. 5, 8; P.A. 93-378, S. 2, 4; P.A. 03-76, S. 30; 03-220, S.
6; P.A. 04-26, S. 8; 04-168, S. 1.)
History: 1967 act specified that site must be approved as well as plan; P.A. 73-358 required filing of plans and specifications "for each phase of site development and construction" before each phase begins and allowed commencement of
phase before final plans complete for whole project if final phase plans and latest preliminary plan and cost estimates have
been submitted; P.A. 76-418 made provisions applicable to projects for which state assistance sought, included reference
to districts, forbade letting project out for bid until grant commitment approved and allowed commencement of phase
before approval of grant commitment under same conditions as previously applied; P.A. 85-589 amended section to allow
towns which commence projects or let projects out for bid to remain eligible for project grants effective July 1, 1985,
and transferred site approval power from state board of education to department of education; P.A. 88-360 substituted
"commissioner" for "state board" of education; P.A. 91-220 required that filing of plans and specifications be pursuant to
Sec. 10-292; P.A. 93-378 added provision regarding project financed by energy conservation lease purchase agreement,
effective July 1, 1993; P.A. 03-76 made a technical change, effective June 3, 2003; P.A. 03-220 designated existing
provisions as Subsec. (a) and amended same by making a technical change and adding provisions re environmental site
assessment, and added Subsec. (b) re grounds for rejection of a plan or site, effective July 1, 2003; P.A. 04-26 made
technical changes in Subsec. (b)(4), effective April 28, 2004; P.A. 04-168 amended Subsec. (b)(2)(A) by adding provisions
permitting a reduction in minimum roof pitch, effective June 1, 2004.
Prior approval by town board of education and town building committee not applicable to acquisition of a school
building site. 168 C. 135.
Sec. 10-291a. Code compliance improvements not required in certain situations. Notwithstanding the provisions of this chapter, in the case of a school building
project to expand an existing school building, the State Board of Education shall not
require code compliance improvements to the existing part of the building not affected
by the project as a condition of reimbursement for the project under this chapter.
(P.A. 96-270, S. 10, 11.)
History: P.A. 96-270 effective July 1, 1996.
Sec. 10-292. Review of final plans by Commissioner of Education. Exceptions;
role of local officials. (a) Upon receipt by the Commissioner of Education of the final
plans for any phase of a school building project as provided in section 10-291, said
commissioner shall promptly review such plans and check them to the extent appropriate
for the phase of development or construction for which final plans have been submitted
to determine whether they conform with the requirements of the State Fire Safety Code,
the Department of Public Health, the life-cycle cost analysis approved by the Commissioner of Public Works, the State Building Code and the state and federal standards for
design and construction of public buildings to meet the needs of disabled persons, and
if acceptable a final written approval of such phase shall be sent to the town or regional
board of education and the school building committee. No phase of a school building
project, subject to the provisions of subsection (c) or (d) of this section, shall go out for
bidding purposes prior to such written approval.
(b) Notwithstanding the provisions of subsection (a) of this section, a town or regional school district may submit final plans and specifications for oil tank replacement,
roof replacement, asbestos abatement, code violation, energy conservation, network
wiring projects or projects for which state assistance is not sought, to the local officials
having jurisdiction over such matters for review and written approval. The total costs for
an asbestos abatement, code violation, energy conservation, or network wiring project
eligible for review and approval under this subsection shall not exceed one million
dollars. Except for projects for which state assistance is not sought and projects for
which the town or regional school district is using a state contract pursuant to subsection
(d) of this section, no school building project described in this subsection shall go out
for bidding purposes prior to the receipt and acceptance by the Department of Education
of such written approval.
(c) On and after October 1, 1991, if the Commissioner of Education does not complete his review pursuant to subsection (a) of this section, within thirty days from the
date of receipt of final plans for a school building project, a town or regional school
district may submit such final plans to local officials having jurisdiction over such matters for review and written approval. In such case, the school district shall notify the
commissioner of such action and no such school building project shall go out for bidding
purposes prior to the receipt by the commissioner of such written approval, except for
projects for which the town or regional school district is using a state contract pursuant
to subsection (d) of this section. Local building officials and fire marshals may engage
the services of a code consultant for purposes of the review pursuant to this subsection,
provided the cost of such consultant shall be paid by the school district.
(d) If the Department of Administrative Services or the Department of Public Works
makes a state contract available for use by towns or regional school districts, a town or
regional school district may use such contract, provided the actual estimate for the school
building project under the state contract is not given until receipt by the town or regional
school district of approval of the plan pursuant to this section.
(1953, S. 991d; 1957, P.A. 593, S. 11; 1969, P.A. 413; P.A. 73-358, S. 3; P.A. 76-418, S. 16, 18; P.A. 77-597, S. 4;
77-614, S. 73, 323, 587, 610; P.A. 87-496, S. 49, 110; P.A. 88-360, S. 44, 63; P.A. 90-256, S. 5, 9; P.A. 91-220, S. 6, 8;
P.A. 93-381, S. 9, 39; P.A. 94-245, S. 5, 46; P.A. 95-257, S. 12, 21, 58; P.A. 96-244, S. 30, 63; P.A. 98-249, S. 66, 67;
P.A. 01-173, S. 28, 67; P.A. 03-76, S. 31.)
History: 1969 act required that plans be checked for compliance with standards for design and construction of public
buildings to meet needs of disabled persons; P.A. 73-358 included reference to regional boards of education and required
checking plans "to the extent appropriate for the phase ... for which final plans have been submitted" for conformity; P.A.
76-418 required written approval of phases checked and forbade bids before such written approval obtained, deleting
previous provision for report which carried no authority to prevent bids or continuance of project; P.A. 77-597 required
check for conformity with life-cycle cost analysis requirements; P.A. 77-614 substituted commissioner of administrative
services for commissioner of public works and, effective January 1, 1979, substituted department of health services for
state department of health; P.A. 87-496 substituted public works for administrative services commissioner; P.A. 88-360
substituted "commissioner" for "state board" of education; P.A. 90-256 added Subsec. (b) re submission of final plans and
specifications for certain projects to local officials; P.A. 91-220 in Subsec. (a) added references to state building code and
federal standards and made technical changes, in Subsec. (b) increased the limitation from one hundred thousand to one
million dollars and added Subsec. (c) re review procedures; P.A. 93-381 replaced department of health services with
department of public health and addiction services, effective July 1, 1993; P.A. 94-245 amended Subsec. (b) to add energy
conservation projects, effective June 2, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-244 amended
Subsec. (a) to replace "State Fire Code" with "State Fire Safety Code", effective July 1, 1996; P.A. 98-249 amended
Subsec. (a) to add reference to new Subsec. (d), amended Subsecs. (b) and (c) to add exceptions for use of state contracts
and added new Subsec. (d) re use of state contracts, effective June 8, 1998; P.A. 01-173 amended Subsec. (b) to include
network wiring, effective July 1, 2001; P.A. 03-76 made a technical change in Subsec. (b), effective June 3, 2003.
See chapter 541 part III (Sec. 29-381 et seq.) re safety requirements for public buildings.
Secs. 10-292a and 10-292b. Abatement of asbestos hazards; inspections; regulations. Asbestos abatement plans; reports by school districts. Sections 10-292a and
10-292b are repealed.
(P.A. 85-541, S. 1, 2, 4; P.A. 86-65, S. 1, 2; P.A. 91-260, S. 2.)
See Sec. 19a-333 re standards for asbestos-containing materials in schools.
Sec. 10-292c. Definitions. As used in sections 10-292c to 10-292n, inclusive:
(1) "Bonds or municipal bonds" means (A) any bond, note, certificate or other evidence of indebtedness, and (B) any energy conservation lease purchase agreement.
(2) "Energy conservation lease purchase agreement" means an energy conservation
lease purchase agreement, as defined in subdivision (17) of section 10-282.
(3) "Interest subsidy grants" means the grant payments by the state to pay the interest
cost on bonds, or on temporary notes renewed in accordance with section 7-378a or 7-378e into the third or any subsequent year of such renewal following the date of issuance
of the original notes, issued by a town, regional school district or regional educational
service center to finance a school building project.
(4) "Regional educational service center" means a body corporate and politic established pursuant to the provisions of part IVa of chapter 164.
(5) "School building project" means school building project, as defined in subdivision (3) of section 10-282.
(P.A. 97-265, S. 85, 98; P.A. 98-252, S. 33, 80.)
History: P.A. 97-265 effective July 1, 1997; P.A. 98-252 made a technical change, effective July 1, 1998.
Sec. 10-292d. Interest subsidy grants. (a) For school building projects authorized
by the General Assembly prior to July 1, 1996, and for projects pursuant to subsection
(b) of section 10-283 for which application was made prior to July 1, 1997, each town
and regional school district shall be eligible to apply for and accept interest subsidy
grants, as provided in sections 10-292c to 10-292n, inclusive. Any town desiring an
interest subsidy grant may, by vote of its legislative body, authorize the board of education of such town to apply to the Commissioner of Education and to accept or reject
such grants for the town. Any regional school board may vote to authorize the supervising agent of the regional school district to apply to the Commissioner of Education for
and to accept or reject such grants for the district. Applications for such grants under
sections 10-292c to 10-292n, inclusive, shall be made by the superintendent of schools
of such town or regional school district on the form provided and in the manner prescribed by the Commissioner of Education. Grant applications under sections 10-292c
to 10-292n, inclusive, shall be received, reviewed and approved or disapproved by the
Commissioner of Education. All applications submitted prior to the first day of July in
any year shall be reviewed promptly by the commissioner and the amount of the grant
shall be estimated. The commissioner shall annually prepare a listing of all such eligible
grants under sections 10-292c to 10-292n, inclusive, together with the amount of the
estimated grants therefor and shall submit the same to the Governor and the General
Assembly on or before the fifteenth day of December, except as provided in section 10-292e, with a request for authorization to enter into grant commitments. The General
Assembly shall annually authorize the commissioner to enter into grant commitments
on behalf of the state in accordance with the commissioner's listing for such grants as
the General Assembly shall determine. The commissioner shall not enter into any such
grant commitments except pursuant to such legislative authorization.
(b) Notwithstanding the application date requirements of this section, the Commissioner of Education may approve applications for interest subsidy grants in connection
with school building projects to remedy damage from fire and catastrophe or to correct
safety, health and other code violations at any time within the limit of available grant
authorization and make payments thereon within the limit of appropriated funds.
(P.A. 97-265, S. 86, 98.)
History: P.A. 97-265 effective July 1, 1997.
Sec. 10-292e. Committee from General Assembly to review listing of eligible
interest subsidy grants. A committee to review the listing of eligible grants submitted
pursuant to sections 10-292c to 10-292n, inclusive, shall be appointed annually on or
before July first. Such committee may be the same committee that is appointed pursuant
to section 10-283a. The listing of eligible grants shall be submitted to said committee
prior to December fifteenth annually to determine if said listing is in compliance with
section 10-292d. The committee may modify the listing if it finds that the Commissioner
of Education acted in an arbitrary or unreasonable manner in establishing the listing.
Prior to February first annually, the committee shall submit the approved or modified
listing of grants to the Governor and the General Assembly.
(P.A. 97-265, S. 87, 98.)
History: P.A. 97-265 effective July 1, 1997.
Sec. 10-292f. Approval or disapproval of interest subsidy applications by
Commissioner of Education. (a) The Commissioner of Education is authorized to
receive, review and approve applications for state grants under sections 10-292c to 10-292n, inclusive, or to disapprove any such application if it does not meet the standards
or school building priorities established by the State Board of Education.
(b) When any such application is approved, said commissioner shall certify to the
State Comptroller the amount of the grant for which the town, regional school district
or regional educational service center is eligible under sections 10-292c to 10-292n,
inclusive, and the amount and time of the payment thereunder. Upon receipt of such
certification, the State Comptroller is authorized and directed to draw his order on the
State Treasurer in such amount and at such time as certified by said commissioner.
(P.A. 97-265, S. 88, 98.)
History: P.A. 97-265 effective July 1, 1997.
Sec. 10-292g. Percentage determination for interest subsidy grants. (a) The
percentage of interest subsidy grant money a local board of education may be eligible
to receive under the provisions of section 10-292i shall be determined as follows: (1)
Each town shall be ranked in descending order from one to one hundred sixty-nine
according to such town's adjusted equalized net grand list per capita, as defined in
section 10-261; (2) based upon such ranking, a percentage of not less than twenty nor
more than eighty shall be determined for each town on a continuous scale.
(b) The percentage of interest subsidy grant money a regional board of education
may be eligible to receive under the provisions of section 10-292i shall be determined
by its ranking. Such ranking shall be determined by (1) multiplying the total population,
as defined in section 10-261, of each town in the district by such town's ranking, as
determined in subsection (a) of this section, (2) adding together the figures determined
under subdivision (1) of this subsection, and (3) dividing the total computed under
subdivision (2) of this subsection by the total population of all towns in the district. The
ranking of each regional board of education shall be rounded to the next higher whole
number and each such board shall receive the same reimbursement percentage as would
a town with the same rank. In the case of an interest subsidy grant (A) for a secondary
regional school district, such reimbursement percentage shall be increased by five per
cent and (B) for a regional school district accommodating pupils in kindergarten to grade
twelve, inclusive, such reimbursement percentage shall be increased by ten per cent,
except that no such percentage shall exceed eighty-five per cent.
(c) The percentage of interest subsidy grant money a regional educational service
center may be eligible to receive shall be determined by its ranking. Such ranking shall
be determined by (1) multiplying the population of each member town in the regional
educational service center by such town's ranking, as determined in subsection (a) of
this section, (2) adding together the figures for each town determined under subdivision
(1) of this subsection and (3) dividing the total computed under subdivision (2) of this
subsection by the total population of all member towns in the regional educational service center. The ranking of each regional educational service center shall be rounded to
the next higher whole number and each such center shall receive the same reimbursement
percentage as would a town with the same rank.
(P.A. 97-265, S. 89, 98.)
History: P.A. 97-265 effective July 1, 1997.
Sec. 10-292h. Interest subsidy grants to incorporated or endowed high schools
and academies. (a) For school building projects authorized by the General Assembly
prior to July 1, 1996, and for projects pursuant to subsection (b) of section 10-283 for
which application was made prior to July 1, 1997, any incorporated or endowed high
school or academy approved by the State Board of Education pursuant to section 10-34 may apply and be eligible subsequently to be considered for interest subsidy grant
commitments from the state pursuant to sections 10-292c to 10-292n, inclusive. Applications pursuant to this subsection shall be filed at such time and on such forms as the
Department of Education prescribes. The Commissioner of Education shall approve
such applications pursuant to the provisions of section 10-292f deemed applicable by
the Department of Education.
(b) The amount of any interest subsidy grant approved by said commissioner under
this section shall be computed pursuant to the provisions of section 10-292i. Grant
payments shall be made in accordance with sections 10-292c to 10-292n, inclusive, as
deemed applicable by the Department of Education.
(c) The percentage of interest subsidy grant money each incorporated or endowed
high school or academy may be eligible to receive under the provisions of subsection
(b) of this section shall be determined by its ranking. The ranking shall be determined
by (1) multiplying the total population, as defined in section 10-261, of each town which,
at the time of application for such grant commitment, has designated such school as the
high school for such town for a period of not less than five years from the date of such
application, by such town's percentile ranking, as determined in subsection (a) of section
10-292g, (2) adding together the figures for each town determined under subdivision
(1) of this subsection and (3) dividing the total computed under subdivision (2) of this
subsection by the total population of all towns which designate the school as their high
school under subdivision (1) of this subsection. The ranking determined pursuant to this
subdivision shall be rounded to the next higher whole number. Such high school or
academy shall receive the same reimbursement percentage as would a town with the
same rank.
(d) In order for an incorporated or endowed high school or academy to be eligible
for an interest subsidy grant commitment pursuant to this section, such high school or
academy shall (1) provide educational services to the town or towns designating it as
the high school for such town or towns for a period of not less than ten years after
completion of the interest subsidy grant payments under this section and (2) provide
that at least half of the governing board which exercises final educational, financial and
legal responsibility for the high school or academy, exclusive of the chairman of such
board, be representatives of the board or boards of education designating the high school
or academy as the high school for each such board's town.
(P.A. 97-265, S. 90, 98; P.A. 03-76, S. 32.)
History: P.A. 97-265 effective July 1, 1997; P.A. 03-76 made technical changes in Subsecs. (a) and (b), effective June
3, 2003.
Sec. 10-292i. Computation of interest subsidy grants. (a) The amount of the
interest subsidy grant approved by the Commissioner of Education under the provisions
of sections 10-292c to 10-292n, inclusive, shall be the eligible percentage, as determined
in section 10-292g, times the eligible interest costs, provided such interest subsidy grant
amount and percentage may be adjusted by the Commissioner of Education to the same
extent that the grant for the school building project financed by the bonds of the town,
regional school district or regional educational service center to which such interest
subsidy grant relates is adjusted pursuant to section 10-286.
(b) In the case of any grants computed under this section, any federal funds or other
state funds received for such costs covered by the grant shall be deducted from cost
estimates prior to computation of the grant.
(P.A. 97-265, S. 91, 98.)
History: P.A. 97-265 effective July 1, 1997.
Sec. 10-292j. Installment payment of interest subsidy grants. Withholding of
state grant payments. (a) An interest subsidy grant approved under sections 10-292c
to 10-292n, inclusive, shall be paid in installments, the number and time of payment of
which shall correspond to the number and time of interest installment payments on
municipal bonds, including payments to retire temporary notes renewed for the third
and subsequent years pursuant to section 7-378a or 7-378e issued for the purpose of
financing the school building project to which such interest subsidy grant relates and
shall be equal to the state's share of interest costs per interest installment on municipal
bonds or notes, provided final payment shall not be made prior to an audit conducted
by the State Board of Education. Annual interest subsidy grant installments paid pursuant
to this section on interest installment payments to retire temporary notes renewed pursuant to said section 7-378a or 7-378e shall be paid only if at the time such temporary
notes are renewed, the rate of interest applicable to such notes is less than the rate of
interest that would be applicable with respect to twenty-year bonds if issued at the time
of such renewal. The determination related to such rates of interest pursuant to this
subsection may be reviewed and shall be subject to approval by the Commissioner of
Education prior to renewal of such notes.
(b) If the commissioner determines that a school building project has not met the
approved conditions of the original application, the State Board of Education may withhold subsequent state interest subsidy grant payments related to said school building
project until appropriate action, as determined by the commissioner, is taken to cause
the school building project to be in compliance with the approved conditions or may
require repayment of all state interest subsidy grant payments for said school building
project when such appropriate action is not undertaken within a reasonable time.
(P.A. 97-265, S. 92, 98.)
History: P.A. 97-265 effective July 1, 1997.
Sec. 10-292k. Bond issue for interest subsidy grants. For purposes of funding
interest subsidy grants, except for interest subsidy grants made pursuant to subsection
(b) of section 10-292m, the State Treasurer is authorized and directed, subject to and
in accordance with the provisions of section 3-20, to issue bonds of the state from time
to time in one or more series in an aggregate amount not exceeding two hundred thirty-one million one hundred thousand dollars, provided thirty-three million dollars of said
authorization shall be effective July 1, 2004. Bonds of each series shall bear such date
or dates and mature at such time or times not exceeding thirty years from their respective
dates and be subject to such redemption privileges, with or without premium, as may
be fixed by the State Bond Commission. They shall be sold at not less than par and
accrued interest and the full faith and credit of the state is pledged for the payment of
the interest thereon and the principal thereof as the same shall become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation
of all amounts necessary for punctual payment of such principal and interest is hereby
made, and the State Treasurer shall pay such principal and interest as the same become
due. The State Treasurer is authorized to invest temporarily in direct obligations of the
United States, United States agency obligations, certificates of deposit, commercial
paper or bank acceptances, such portion of the proceeds of such bonds or of any notes
issued in anticipation thereof as may be deemed available for such purpose.
(P.A. 97-265, S. 93, 98; P.A. 99-4, S. 2, 3; 99-241, S. 8, 66; P.A. 00-167, S. 61, 69; June Sp. Sess. P.A. 01-7, S. 17, 28;
May 9 Sp. Sess. P.A. 02-5, S. 10; Sept. 8 Sp. Sess. P.A. 03-2, S. 21; May Sp. Sess. P.A. 04-1, S. 7.)
History: P.A. 97-265 effective July 1, 1997; P.A. 99-4 increased authorization from $113,100,000 to $121,100,000,
effective April 9, 1999; P.A. 99-241 increased authorization from $121,100,000 to $188,100,000, effective July 1, 1999,
provided $61,000,000 is effective July 1, 2000; P.A. 00-167 decreased the aggregate bond authorization from $188,100,000
to $144,100,000, effective July 1, 2000, of which $17,000,000 is effective July 1, 2000; June Sp. Sess. P.A. 01-7 decreased
the authorization from $144,100,000 to $121,100,000, effective July 1, 2001; May 9 Sp. Sess. P.A. 02-5 increased the
aggregate bond authorization from $121,100,000 to $171,100,000, effective July 1, 2002, of which $50,000,000 is effective
July 1, 2002; Sept. 8 Sp. Sess. P.A. 03-2 increased the aggregate bond authorization from $171,100,000 to $198,100,000,
effective September 10, 2003, of which $27,000,000 is effective July 1, 2003; May Sp. Sess. P.A. 04-1 increased the
aggregate authorization to $231,100,000 and provided that $33,000,000 of said authorization is effective July 1, 2004,
effective July 1, 2004.
Sec. 10-292l. Certification of dates and amounts of interest subsidy grant payments. Any grant commitment entered into by the Commissioner of Education on or
prior to July 1, 1997, which includes a commitment to pay the interest cost on bonds or
temporary notes renewed in accordance with section 7-378a or 7-378e into the third or
any subsequent year of such renewal following the date of issuance of the original notes,
issued by a town or regional school district to finance the state share of the cost of a
school building project as determined by the Commissioner of Education, and if not
paid prior to July 1, 1997, shall be considered to have been properly made pursuant to,
and is subject to, sections 10-292c to 10-292n, inclusive. On or after July 1, 1997, each
town and regional school district shall submit a separate application to the Commissioner
of Education for interest subsidy grants described in sections 10-292c to 10-292n, inclusive. The Commissioner of Education shall certify to the State Comptroller, upon completion of the issuance of bonds or such renewal of temporary notes, the dates and amount
of interest subsidy grant payments to be made pursuant to sections 10-292c to 10-292n,
inclusive, and the State Comptroller is authorized and directed to draw an order on the
State Treasurer upon such certification to pay the amounts so certified when due. The
State Treasurer shall make such interest subsidy grant payments at least ten days prior
to the interest payment dates on bonds or temporary notes related thereto. In the event
that a school building project is not completed at the time bonds or temporary notes
related thereto or short-term financing are issued to finance the project, the certification
of the interest subsidy grant amounts by the Commissioner of Education may be based
on estimates, provided, upon completion of such project and notification of final acceptance to the state, the Commissioner of Education shall adjust and recertify the dates and
amounts of subsequent interest subsidy grant payments based on the state's share of
final eligible costs.
(P.A. 97-265, S. 94, 98.)
History: P.A. 97-265 effective July 1, 1997.
Sec. 10-292m. Short-term financing and interest subsidy grants. Availability
of interest subsidy grants for the local share of the cost of school building projects;
amount of grant. (a) Notwithstanding any other provision of the general statutes, in
the case of any school building project for which the total cost is less than one million
dollars, the state shall not require permanent local financing prior to the payment of an
interest subsidy grant under sections 10-292c to 10-292n, inclusive. In any such case,
the school district may pay off its debt on any such project over a period not to exceed
four years if the school district promptly applies all interest subsidy grant payments
toward interest costs on such debt as the same becomes due and payable and provides
for the payment of such debt in equal annual installments commencing no later than
one year from the date of issue. The interest subsidy grant percentage on such debt of
the district shall be the same as if permanent financing had been used.
(b) Interest subsidy grants shall be available for bonds issued after July 1, 1971, for
the local share of the cost of a school building project eligible for assistance under section
10-287a. The State Comptroller is authorized and directed to draw an order on the State
Treasurer upon certification of the Commissioner of Education to pay any regional
school district, town, consolidated town and city, and consolidated town and borough
an interest subsidy grant on such bonds issued after July 1, 1971, for the local share of
the cost of such school building project but not in excess of the amount certified as such
share by the Commissioner of Education for such project. The local share of the cost
of such project shall be the total cost of such project, as determined by the Commissioner
of Education to be eligible for assistance under section 10-287a, less the total grant
payments made by the state. Such interest subsidy shall be the difference between four
per cent per annum and the lower of six per cent per annum or the net interest cost on
such bonds. Such payments may be made on a reimbursement basis in the event the
bonds were issued prior to the date of certification from the commissioner to the State
Comptroller in accordance with sections 10-292c to 10-292n, inclusive.
(P.A. 97-265, S. 95, 98.)
History: P.A. 97-265 effective July 1, 1997.
Sec. 10-292n. Default by municipality or private academy. The loan obligation
of a private academy and the bonds or notes issued to finance such loan pursuant to
sections 10-289d to 10-289g, inclusive, shall be secured by all interest subsidy grants
committed by the state to the private academy in connection with such financing. Whenever it is established that a qualifying municipality or private academy has defaulted in
the payment of the principal or redemption premium or interest on its bonds or notes
or on any payment obligation due under any loan agreement authorized by said sections
10-289d to 10-289g, inclusive, or any other event of default under any such loan
agreement or guaranty agreement or the trust indenture for the bonds or notes occurs, the
payment of interest subsidy grants to such qualifying municipality or private academy
pursuant to any provision of the general statutes in effect at the time the default is
established shall be withheld by the state. If the trustee, on behalf of a holder or owner
of any such bond or note or such qualifying municipality or private academy, files with
the State Comptroller a verified statement describing such default, the State Comptroller
may investigate the circumstances of the alleged default, prepare and file in his office
a certificate setting forth his finding with respect to the default and serve a copy of such
finding, by registered or certified mail, upon the State Treasurer or chief fiscal officer
of each such qualifying municipality and the private academy and the indenture trustee.
Upon the filing of such a verified statement in the office of the State Comptroller, the
State Comptroller shall deduct and withhold from all succeeding interest subsidy grant
payments otherwise due each such qualifying municipality or private academy such
amounts as are necessary to pay the interest on such bonds and notes of such a qualifying
municipality until such time as the indenture trustee files a verified statement with the
State Comptroller that all defaults have been cured. Payments of interest subsidy grants
so deducted and withheld shall be forwarded promptly by the State Comptroller and the
State Treasurer to the paying agent or agents for the bonds and notes for the sole purpose
of payment of interest on such bonds or notes. The State Comptroller shall promptly
notify the State Treasurer or the chief fiscal officer of each such qualifying municipality
and the private academy of any payment or payments made to any paying agent or
paying agents pursuant to this section. The state of Connecticut hereby covenants with
the purchasers, holders and owners, from time to time, of bonds and notes issued by a
qualifying municipality for school purposes that it will not limit or impair the rights and
remedies granted by this section, provided nothing in this section shall be construed as
requiring the state to continue the payment of state aid or assistance to any qualifying
municipality or private academy or as limiting or prohibiting the state from repealing
or amending any law relating to state aid or assistance, the manner and time of payment
or apportionment thereof or the amount thereof.
(P.A. 97-265, S. 96, 98.)
History: P.A. 97-265 effective July 1, 1997.
Sec. 10-292o. Leasing of facilities by regional educational service centers;
grants. (a) For purposes of this section, "regional educational service center leases"
means the lease of a facility by a regional educational service center for use in furnishing
educational programs and services.
(b) Each regional educational service center may apply for and accept grants for
regional educational service center leases as provided in this section. Any regional educational service center desiring a grant for a regional educational service center lease may
vote to authorize the regional educational service center to apply to the Commissioner of
Education for and to accept or reject such grant. Applications for a regional educational
service center lease grant shall be made on the form provided and in the manner prescribed by the Commissioner of Education.
(c) The Commissioner of Education shall receive, review, approve and disapprove
applications for regional educational service center lease grants under this section.
(d) The amount of the regional educational service center lease grant approved by
the Commissioner of Education under the provisions of this section shall be the eligible
percentage, as determined in subsection (c) of section 10-285a, times the eligible lease
costs as determined by the Commissioner of Education. Grants pursuant to this section
shall be paid on a current year basis if the regional educational service center files an
application to lease a facility with the Department of Education on or before August
first of each year. No such facility or portion thereof shall be eligible for a grant under
this section unless the local fire marshal has declared the facility suitable for occupancy
as a facility for use in furnishing educational programs and services. Eligible costs
pursuant to this section shall be limited to the lease cost of the building, net of any other
costs. Grant payments shall be made as follows: Twenty-five per cent of the estimated
cost in October, twenty-five per cent of the estimated cost in January, and the balance
of the estimated cost in April. The actual cost will be reported on or before September
first following the year of application on the end of school year report filed by each
regional educational service center. If the Commissioner of Education determines that
there has been an underpayment or overpayment in a grant made pursuant to this section,
the commissioner shall calculate the amount of the underpayment or overpayment and
shall adjust the amount of the grant payment for the fiscal year next following the fiscal
year in which such underpayment or overpayment was made. The amount of the adjustment shall be equal to the amount of the underpayment or overpayment. If the amount
of the overpayment exceeds the grant payment for the fiscal year next following the
fiscal year in which such overpayment was made, the regional educational service center
shall, upon the request of the commissioner, pay the department the difference. Any
lease pursuant to this section shall be for a period not to exceed twenty years. In no
event shall the reimbursement pursuant to this section be based upon a cost per square
foot which exceeds the cost determined to be reasonable by the Commissioner of Education. In the case of any grants computed under this section, any federal funds or other
state funds received for such costs covered by the grant shall be deducted from cost
estimates prior to computation of the grant. Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of the
grants payable to regional educational service centers in accordance with this section
shall be reduced proportionately if the total of such grants in such year exceeds the
amount appropriated for the purposes of this section for such year.
(P.A. 97-265, S. 97, 98; June 30 Sp. Sess. P.A. 03-6, S. 11; P.A. 04-26, S. 9.)
History: P.A. 97-265 effective July 1, 1997; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (d) by adding provision re
proportional reduction of grants for the fiscal years ending June 30, 2004, and June 30, 2005, effective August 20, 2003;
P.A. 04-26 made technical changes in Subsec. (d), effective April 28, 2004.