Sec. 10-285a. Percentage determination for school building project grants. (a)
The percentage of school building project grant money a local board of education may
be eligible to receive, under the provisions of section 10-286 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 forty
nor more than eighty shall be determined for each town on a continuous scale, except
that for school building projects authorized by the General Assembly during the fiscal
year ending June 30, 1991, for all such projects so authorized thereafter and for grants
approved pursuant to subsection (b) of section 10-283 for which application is made on
and after July 1, 1991, the percentage of school building project grant money a local
board of education may be eligible to receive, under the provisions of section 10-286
shall be determined as follows: (A) 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; (B) 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 school building project grant money a regional board of education may be eligible to receive under the provisions of section 10-286 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 plus ten per cent, except that no such percentage
shall exceed eighty-five per cent.
(c) The percentage of school building project 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.
(d) The percentage of school building project grant money a cooperative arrangement pursuant to section 10-158a, may be eligible to receive 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 cooperative arrangement by such town's
ranking, as determined in subsection (a) of this section, (2) adding the products 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 cooperative
arrangement. The ranking of each cooperative arrangement shall be rounded to the next
higher whole number and each such cooperative arrangement shall receive the same
reimbursement percentage as would a town with the same rank plus ten percentage
points.
(e) If an elementary school building project for a new building or for the expansion
of an existing building includes space for a school readiness program, the percentage
determined pursuant to this section shall be increased by five percentage points, but
shall not exceed one hundred per cent, for the portion of the building used primarily for
such purpose.
(f) The percentage determined pursuant to this section for a school building project
grant for the expansion, alteration or renovation of an existing public school building
to convert such building for use as a lighthouse school, as defined in section 10-266cc,
shall be increased by ten percentage points.
(g) The percentage determined pursuant to this section for a school building project
grant shall be increased by the percentage of the total projected enrollment of the school
attributable to the number of spaces made available for out-of-district students participating in the program established pursuant to section 10-266aa, provided the maximum
increase shall not exceed ten percentage points.
(h) Subject to the provisions of section 10-285d, if an elementary school building
project for a school in a priority school district or for a priority school is necessary in
order to offer a full-day kindergarten program or to reduce class size pursuant to section
10-265f, the percentage determined pursuant to this section shall be increased by ten
percentage points for the portion of the building used primarily for such full-day kindergarten program or such reduced size classes.
(P.A. 78-352, S. 1; June Sp. Sess. P.A. 83-4, S. 7, 8; P.A. 85-476, S. 4, 6; 85-599, S. 2, 6; P.A. 86-403, S. 20, 132; P.A.
89-355, S. 1, 20; P.A. 96-244, S. 26, 63; 96-270, S. 4, 11; P.A. 97-259, S. 22, 41; 97-290, S. 19, 29; P.A. 98-243, S. 6, 25;
P.A. 99-289, S. 3, 11; P.A. 01-173, S. 50, 67; June Sp. Sess. P.A. 01-1, S. 24, 54; P.A. 03-76, S. 49.)
History: June Sp. Sess. P.A. 83-4 amended Subsec. (b) to clarify that total population figures, as defined in Sec. 10-261, are to be used in calculation of the percentage; P.A. 85-476 amended section to specify that reimbursement percentage
is determined by ranking, to provide that ranking is to be rounded to next nearest higher whole number, to provide for
reimbursement at same percentage as for a town with the same rank and, in conjunction with P.A. 85-599 to add Subsec.
(c) re calculation of percentage for regional educational service centers; P.A. 86-403 made technical changes in Subsecs.
(b) and (c); P.A. 89-355 in Subsec. (a) changed the reimbursement percentage sliding scale of forty to eighty to twenty to
eighty for projects authorized during the fiscal year ending June 30, 1991, and thereafter and for certain grants for which
application is made on and after July 1, 1991; P.A. 96-244 amended Subsec. (b) to add Subparas. (A) and (B) allowing
for increased reimbursement percentages for certain projects, effective July 1, 1996; P.A. 96-270 added Subsec. (d) re
cooperative arrangements, effective July 1, 1996; P.A. 97-259 added Subsec. (e) re space for a school readiness program,
effective July 1, 1997; P.A. 97-290 added Subsecs. (f) and (g) re lighthouse schools and spaces for out-of-district students
participating in the program established pursuant to Sec. 10-266aa, effective July 1, 1997; P.A. 98-243 added new Subsec.
(h) re projects related to full-day kindergarten or reduction in class size, effective July 1, 1998; P.A. 99-289 amended
Subsec. (g) to make technical changes to clarify the method for determining the percentage increase, effective July 1, 1999;
P.A. 01-173 amended Subsec. (b) to provide a ten per cent increase and delete provisions re five per cent increase to
secondary regional school districts, effective July 1, 2001; June Sp. Sess. P.A. 01-1 amended Subsec. (h) to increase
percentage points from five to ten, effective July 1, 2001; P.A. 03-76 made technical changes in Subsec. (b), effective June
3, 2003.
Sec. 10-285b. School building project grants to incorporated or endowed high
schools and academies. (a)(1) For the fiscal year ending June 30, 1987, Woodstock
Academy may apply and be eligible subsequently to be considered for school construction grant commitments from the state pursuant to this chapter. (2) Except as provided in
subdivision (1) of this subsection, 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 school construction grant commitments from
the state pursuant to this chapter. (3) Applications pursuant to this subsection shall be
filed at such time and on such forms as the state Department of Education prescribes.
The Commissioner of Education shall approve such applications pursuant to the provisions of section 10-284 deemed applicable by the state Department of Education.
(b) In the case of a school building project, as defined in subparagraph (A) of subdivision (3) of section 10-282, the amount of the grant approved by said commissioner
shall be computed pursuant to the provisions of section 10-286, and the eligible percentage shall be computed pursuant to the provisions of subdivision (2) of subsection (c) of
this section. The calculation of the grant pursuant to this section shall be made in accordance with the state standard space specifications in effect at the time of final grant
calculation.
(c) (1) The percentage of school building project grant money Woodstock Academy may be eligible to receive for school construction projects for which application
was made in the fiscal year ending June 30, 1987, under the provisions of subsection
(b) of this section shall be determined by its ranking. The ranking shall be determined
by (A) multiplying the total population, as defined in section 10-261, of each town which
subsequent to October 1, 1985, and prior to October 1, 1986, designates Woodstock
Academy as the high school for such town for a period of not less than five years, by
such town's percentile ranking, as determined in subsection (a) of section 10-285a, (B)
adding together the figures for each town determined under subparagraph (A) of this
subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns which designate Woodstock Academy as their
high school under subparagraph (A) of this subdivision. The ranking determined pursuant to this subdivision shall be rounded to the next higher whole number. Woodstock
Academy shall receive the same reimbursement percentage as would a town with the
same rank.
(2) Except as provided in subdivision (1) of this subsection, the percentage of school
building project 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 (A) multiplying the total
population, as defined in section 10-261, of each town which at the time of application
for such school construction 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
10-285a, (B) adding together the figures for each town determined under subparagraph
(A) of this subdivision and (C) dividing the total computed under subparagraph (B) of
this subdivision by the total population of all towns which designate the school as their
high school under subparagraph (A) of this subdivision. The ranking determined pursuant to this subdivision shall be rounded to the next higher whole number. Such high
school or academy shall receive the reimbursement percentage of a town with the same
rank increased by five per cent, except that the reimbursement percentage of such high
school or academy shall not exceed eighty-five per cent.
(d) (1) In order for Woodstock Academy to be eligible for a grant commitment
pursuant to this section for the fiscal year ending June 30, 1987, said academy shall (A)
provide educational facilities to the town or towns designating it as the high school for
such town or towns for a period commencing on June 5, 1986, and not less than ten
years after completion of grant payments under this section, and (B) provide that at least
half of its executive committee, exclusive of the president, be representatives of the
board or boards of education designating Woodstock Academy as the high school for
each such board's town.
(2) Except as provided in subdivision (1) of this subsection, in order for an incorporated or endowed high school or academy to be eligible for a grant commitment pursuant
to this section such high school or academy shall (A) 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 grant payments under this section, and
(B) 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. 86-294, S. 1, 3; P.A. 87-461, S. 6, 7; P.A. 89-387, S. 27, 41; P.A. 90-256, S. 6, 9; P.A. 96-244, S. 27, 63; 96-270,
S. 5, 11; P.A. 97-265, S. 77, 98; P.A. 98-252, S. 25, 80.)
History: P.A. 87-461 added "of the eligible project cost" in Subsec. (b); P.A. 89-387 in Subsec. (b) added a definition
of "eligible project costs" for purposes of calculating grants pursuant to the subsection; P.A. 90-256 in Subsec. (a) added
Subdiv. (2) re eligibility of incorporated or endowed high schools and academies for grant commitments and inserted
Subdiv. (1) and (3) designations, in Subsec. (b) amended definition of "eligible project costs" by substituting any approved
incorporated or endowed high school or academy for "Woodstock Academy", in Subsec. (c) added Subdiv. (2) re reimbursement percentages for incorporated or endowed high schools and academies and made technical changes and in Subsec.
(d) added Subdiv. (2) re conditions for eligibility for grant commitments and made technical changes; P.A. 96-244 made
technical changes, deleting reference to Sec. 10-36, repealed elsewhere in the act, effective July 1, 1996; P.A. 96-270
amended Subsec. (b) to make technical changes, effective July 1, 1996; P.A. 97-265 removed provision re grant payment
of interest costs and made technical changes in Subsec. (b), effective July 1, 1997; P.A. 98-252 amended Subsection (b)
to remove language that repeated provisions of Sec. 10-286 and to make technical changes, and amended Subsec. (c) to
provide for a five per cent increase with a cap of eighty-five per cent, effective July 1, 1998.
See Secs. 10-289d to 10-289g, inclusive, re loans and bond issues for private academy school building projects.
Sec. 10-285c. Title reversion to the state. For school building projects approved
by the General Assembly after July 1, 1993, if state reimbursement pursuant to the
provisions of this chapter or any special act, for the acquisition, purchase or construction
of a building was for one hundred per cent of the eligible costs of such acquisition,
purchase or construction and such building ceases to be used for the purpose for which
the grant was provided within twenty years of the date of approval by the General Assembly of the project, title to the building shall revert to the state unless the Commissioner
of Education decides otherwise for good cause.
(P.A. 93-353, S. 35, 52; P.A. 94-245, S. 32, 46.)
History: P.A. 93-353 effective July 1, 1993; P.A. 94-245 made a technical change, effective June 2, 1994.
Sec. 10-285d. Projects related to full-day kindergarten programs or reduction
in class size. In order to be eligible for the percentage increase pursuant to subsection
(h) of section 10-285a: (1) The project shall be (A) included in a plan developed pursuant
to section 10-265f, and (B) for a particular full-day kindergarten class or reduced-sized
class funded pursuant to section 10-265f; (2) the local or regional board of education
shall present evidence to the Department of Education that the project is the best option
for solving the need for additional space and is cost-efficient; and (3) the project shall
meet the requirements established in this chapter.
(P.A. 98-243, S. 7, 25.)
History: P.A. 98-243 effective July 1, 1998.
Sec. 10-285e. Reimbursement for lease costs. Renovation project requirements. (a) The State Board of Education shall include reimbursement for reasonable
lease costs that are determined by the Commissioner of Education to be required as part
of a school building project grant under this chapter.
(b) The State Board of Education shall require renovation projects under this chapter
to meet the same state and federal codes and regulations as are required for alteration
projects.
(P.A. 99-239, S. 14, 32.)
History: P.A. 99-239 effective June 28, 1999.
Sec. 10-285f. Design-build projects: Pilot program. (a) Notwithstanding any
provision of this chapter or any regulation adopted by the State Board of Education
pursuant to this chapter, the State Board of Education may establish a pilot program for
a period of three years that authorizes up to two school construction projects per year
using a design-build contract and with the approval of the State Board of Education a
town or regional school district may enter into a design-build contract for new school
construction and shall be eligible to be considered for a grant commitment and progress
payments from the state provided each design phase shall be reviewed and approved
for compliance with all applicable codes by local authorities having jurisdiction over
such codes. The provisions of section 10-287 relative to bidding all orders and contracts
for school building construction shall not apply to any such project.
(b) Notwithstanding any provision of this chapter or any regulation adopted by the
State Board of Education pursuant to this chapter, a town or regional school district
choosing to use the design-build option pursuant to subsection (a) of this section shall
attend a meeting with Department of Education staff prior to executing a design-build
contract. The department shall provide the town or regional school district with all of
its code checklists and review materials which the town or regional school district shall
use as a basis for obtaining plan approval by local officials having jurisdiction over such
matters or other qualified code reviewers. It shall be the sole responsibility of the town
or regional school district to ensure compliance with all applicable codes.
(c) The State Board of Education shall report in accordance with the provisions of
section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to education and finance on or before January 15, 2006, on
the efficiency and efficacy of using the design-build approach to school construction
projects.
(May 9 Sp. Sess. P.A. 02-2, S. 12.)
History: May 9 Sp. Sess. P.A. 02-2 effective July 1, 2002.
Sec. 10-286. Computation of school building project grants. (a) The amount of
the grant approved by the Commissioner of Education under the provisions of this chapter for any completed school building project shall be computed as follows:
(1) For the fiscal year ending June 30, 1984, and each fiscal year thereafter, in the
case of a new school plant, an extension of an existing school building or projects involving the major alteration of any existing building to be used for school purposes, the
eligible percentage, as determined in section 10-285a, of the result of multiplying together the number representing the highest projected enrollment, based on data acceptable to the Commissioner of Education, for such building during the eight-year period
from the date a local or regional board of education files a notification of a proposed
school building project with the Department of Education, the number of gross square
feet per pupil determined by the Commissioner of Education to be adequate for the kind
of educational program or programs intended, and the eligible cost of such project,
divided by the gross square feet of such building, or the eligible percentage, as determined in section 10-285a, of the eligible cost of such project, whichever is less, provided,
(A) any such project on which construction was started prior to July 1, 1975, shall be
reimbursed under the formula in effect prior to said date, (B) any such project on which
construction or payments under this chapter were started after June 30, 1975, but prior
to July 31, 1983, shall be reimbursed based upon the data, submitted for each such
project and accepted by the Department of Education during said period, representing
the number of pupils the plant was designed to accommodate, (C) any project for which
final grant calculation has been made after June 30, 1975, but prior to July 31, 1983,
shall be reimbursed based upon such final calculation, and (D) any such project for
which estimated grant payments were begun prior to July 31, 1983, shall be reimbursed
based upon the calculation formula used in making such estimated grant payments;
(2) In case of projects involving the purchase of an existing building to be used for
school purposes, the eligible percentage, as determined in section 10-285a, of the eligible
cost as determined by the Commissioner of Education, provided any project for which
an application is made on or after July 1, 1995, involving the purchase and renovation of
an existing facility, may be exempt from the standard space specifications, and otherwise
ineligible repairs and replacements may be considered eligible for reimbursement as
part of such a project, if information is provided acceptable to the commissioner documenting the need for such work and the cost savings to the state and the school district of
such purchase and renovation project in comparison to alternative construction options;
(3) If any school building project described in subdivisions (1) and (2) of this subsection includes the construction, extension or major alteration of outdoor athletic facilities,
tennis courts or a natatorium, gymnasium or auditorium, the grant for the construction
of such outdoor athletic facilities, tennis courts and natatorium shall be limited to one-half of the eligible percentage for subdivisions (1) and (2) of the net eligible cost of
construction thereof; the grant for the construction of an area of spectator seating in a
gymnasium shall be one-half of the eligible percentage for subdivisions (1) and (2) of
the net eligible cost of construction thereof; and the grant for the construction of the
seating area in an auditorium shall be limited to one-half of the eligible percentage for
subdivisions (1) and (2) of the net eligible cost of construction of the portion of such
area that seats one-half of the projected enrollment of the building, as defined in subdivision (1) of this subsection, which it serves;
(4) In the case of a regional vocational agriculture center or the purchase of equipment pursuant to subsection (a) of section 10-65 or a regional special education facility
pursuant to section 10-76e, an amount equal to the eligible cost of such project, as
determined by the Commissioner of Education;
(5) In the case of a public school administrative or service facility, one-half of the
eligible percentage for subdivisions (1) and (2) of this subsection of the eligible project
cost as determined by the Commissioner of Education, or in the case of a regional
educational service center administrative or service facility, the eligible percentage, as
determined pursuant to subsection (c) of section 10-285a, of the eligible project cost as
determined by the commissioner;
(6) In the case of the total replacement of a roof or the total replacement of a portion
of a roof which has existed for at least twenty years, or in the case of the total replacement
of a roof or the total replacement of a portion of a roof which has existed for fewer than
twenty years when it is determined by a registered architect or registered engineer that
such roof was improperly designed or improperly constructed and the town is prohibited
from recovery of damages or has no other recourse at law or in equity, the eligible
percentage for subdivisions (1) and (2) of this subsection, of the eligible cost as determined by the Commissioner of Education. In the case of the total replacement of a roof
or the total replacement of a portion of a roof which has existed for fewer than twenty
years (A) when it is determined by a registered architect or registered engineer that such
roof was improperly designed or improperly constructed and the town has recourse at
law or in equity and recovers less than such eligible cost, the eligible percentage for
subdivisions (1) and (2) of this subsection of the difference between such recovery and
such eligible cost, and (B) when the roof is at least fifteen years old but less than twenty
years old and it cannot be determined by a registered architect or registered engineer that
such roof was improperly designed or improperly constructed, the eligible percentage for
subdivisions (1) and (2) of this subsection of the eligible project costs provided such
costs are multiplied by the ratio of the age of the roof to twenty years. For purposes of
this subparagraph, the age of the roof shall be determined in whole years to the nearest
year based on the time between the completed installation of the old roof and the date
of the grant application for the school construction project for the new roof;
(7) For the fiscal year ending June 30, 1984, and for each fiscal year thereafter, in
the case of projects to correct code violations, the eligible percentage, as determined in
section 10-285a, of the eligible cost as determined by the Commissioner of Education;
(8) In the case of a renovation project for which an application is made on or after
July 1, 1995, the eligible percentage as determined in subsection (b) of section 10-285a,
multiplied by the eligible costs as determined by the commissioner, provided the project
may be exempt from the standard space specifications, and otherwise ineligible repairs
and replacements may be considered eligible for reimbursement as part of such a project,
if information is provided acceptable to the commissioner documenting the need for
such work and the cost savings to the state and the school district of such renovation
project in comparison to alternative construction options;
(9) In the case of projects approved to remedy certified school indoor air quality
emergencies, the eligible percentage, as determined in section 10-285a, of the eligible
cost as determined by the Commissioner of Education.
(b) (1) In the case of all grants computed under this section for a project which
constitutes a replacement, extension or major alteration of a damaged or destroyed facility, no grant may be paid if a local or regional board of education has failed to insure
its facilities and capital equipment in accordance with the provisions of section 10-220.
The amount of financial loss due to any damage or destruction to any such facility, as
determined by ascertaining the replacement value of such damage or destruction, shall
be deducted from project cost estimates prior to computation of the grant.
(2) In the case of any grants computed under this section for a school building project
authorized pursuant to section 10-283 after July 1, 1979, any federal funds or other state
funds received for such school building project shall be deducted from project costs
prior to computation of the grant.
(3) The limitation on grants for new outdoor athletic facilities, tennis courts, natatorium, gymnasium and auditorium shall not apply to school building projects for which
applications for review of preliminary plans and specifications on Form 2A were submitted prior to October 1, 1975, in the case of towns and prior to October 15, 1975, in the
case of regional school districts.
(4) Commencing with the school construction projects authorized by the General
Assembly during the fiscal year ending June 30, 1985, and for all such projects so
authorized thereafter, the calculation of grants pursuant to this section shall be made in
accordance with the state standard space specifications in effect at the time of the final
grant calculation.
(c) In the computation of grants pursuant to this section for any school building
project authorized by the General Assembly pursuant to section 10-283 after January
1, 1993, any maximum square footage per pupil limit established pursuant to this chapter
or any regulation adopted by the State Board of Education pursuant to this chapter shall
be increased by twenty-five per cent for a building constructed prior to 1950, except
that a board of education may apply to the department by June 30, 2002, for use of such
increased percentage for a building constructed prior to July 1, 1951.
(d) In the computation of grants pursuant to this section for any school building
project authorized by the General Assembly pursuant to section 10-283 after January
1, 2004, any maximum square footage per pupil limit established pursuant to this chapter
or any regulation adopted by the State Board of Education pursuant to this chapter
shall be increased by up to one per cent to accommodate a heating, ventilation or air
conditioning system, if needed.
(November, 1949, 1953, S. 983d; 1957, P.A. 593, S. 5; March, 1958, P.A. 7, S. 1; 1959, P.A. 321, S. 3; February, 1965,
P.A. 361, S. 12; 1967, P.A. 588, S. 2; 1969, P.A. 751, S. 8; P.A. 74-344, S. 2, 3; P.A. 75-298, S. 1, 2; P.A. 76-418, S. 5,
18; P.A. 78-218, S. 193; 78-352, S. 2; P.A. 79-322, S. 1, 2; P.A. 84-3, S. 1, 3; 84-460, S. 9, 16; P.A. 85-358, S. 20, 21; 85-476, S. 5, 6; 85-599, S. 3, 6; P.A. 86-245, S. 1, 2; P.A. 87-305, S. 1, 3; 87-419, S. 2, 3; 87-499, S. 22, 34; P.A. 88-360, S.
31, 63; P.A. 89-355, S. 2, 20; P.A. 91-303, S. 20, 22; P.A. 93-190, S. 1, 2; P.A. 96-244, S. 28, 29, 63; 96-270, S. 6, 7, 11;
P.A. 97-265, S. 78, 98; P.A. 00-220, S. 33, 43; P.A. 01-173, S. 27, 67; P.A. 03-76, S. 28; 03-220, S. 5, 8.)
History: 1959 act added subdivision (g); 1965 act increased dollar amounts in Subdiv. (a) from five to seven hundred
dollars, in Subdiv. (b) from seven to eleven hundred dollars, in Subdiv. (c) from five to seven hundred dollars for elementary
pupils and from seven to eleven hundred dollars for secondary pupils and increased percentage in Subdiv. (f) from fifteen
to twenty-five per cent; 1967 act increased amounts in Subdiv. (a) to nine hundred dollars plus two hundred per pupil
station provided by specialized facilities, in Subdiv. (b) to one thousand four hundred dollars, in Subdiv. (c) to nine hundred
dollars for each elementary pupil plus two hundred for each elementary pupil station provided by specialized facilities and
to one thousand four hundred dollars for each secondary pupil, in Subdiv. (d) from one-third to one-half the cost, replaced
former Subdiv. (e) re extensions (now included in Subdiv. (d) with allowance for seventy per cent of cost of building
project in secondary school regional district, re placed former Subdiv. (f) re twenty-five per cent increase in all grants to
regional districts with allowance for eighty per cent of cost in building project for regional school district with grades K-12, added exception in Subdiv. (g), and added Subdiv. (h) re occupational training centers; 1969 act included in Subdiv.
(d) projects involving site improvements or purchase of existing building and added Subdiv. (i) re administrative and
service facilities; P.A. 74-344 made Subdiv. (a) applicable to any new school plant and rewrote provisions, deleted Subdivs.
(b) to (d), relettering remaining subdivisions accordingly and added new Subdiv. (h) re leases involving former private
schools; P.A. 75-298 substituted "fifty per cent" for "one-half" and "gross" for "average" in Subdiv. (a) and changed
applicable dates and changed computation method in Subdivs. (c) and (d); P.A. 76-418 added provisions re athletic facilities,
tennis courts, natatoria, etc. in Subdiv. (e) and provisions re deduction of appraised value of damaged and destroyed
facilities and re applicability of limitations on construction of athletic facilities, etc.; P.A. 78-218 deleted Subsec. (f) re
occupational training centers; P.A. 78-352 changed percentages in Subdivs. (a) and (b) to "not less than forty nor more
eighty per cent", in Subdivs. (c) and (d) to "the percentage as determined in Subsec. (b) of Sec. 10-285a, plus an additional
five per cent, but in no case in excess of eighty-five per cent" except with regard to athletic facilities, etc. which all became
eligible for grants of "one-half of the eligible percentage for subsections [sic.] (a) to (d), inclusive"; P.A. 79-322 included
in Subdiv. (a) extensions or major alterations of existing buildings and allowed deduction of federal funds received from
project cost estimates; P.A. 84-3 clarified that the number of pupils to be counted when computing the grant was to be the
number of pupils representing the highest projected enrollment during the five-year period from the date a school board
files a notification of a proposed school building project rather than the number of pupils the plant was designed to
accommodate, but provided that the reimbursement for any project on which construction or payments had been started
or final grant calculation had been made after June 30, 1975, but prior to July 31, 1983, was to be based on data representing
the number of pupils the plant was designed to accommodate; P.A. 84-460 divided section into Subsecs. replacing existing
alphabetic Subdiv. indicators with numeric indicators; changed the time period for calculating the highest projected enrollment from five to eight years, in new Subdiv. (5) of Subsec. (a) added provision re regional special education facility, in
new Subdiv. (6), added provision re eligible percentage, added new Subdiv. (7) re grant calculation for total or partial
replacement of a roof, added new Subdiv. (8) re grant calculation for projects to correct code violations, added new Subdiv.
(10) re grant calculation for a regional educational service center; in Subsec. (b), inserted Subdiv. indicators and added
provision in Subdiv. (1) re nonpayment of grant for failure to insure facilities and capital equipment; P.A. 85-358 added
Subdiv. (4) to Subsec. (b) re school construction projects authorized during the fiscal year ending June 30, 1985, and
thereafter; P.A. 85-476, in conjunction with P.A. 85-599, deleted Subdiv. (10) in Subsec. (a) re calculation of percentage
for regional educational service centers; P.A. 85-599 also amended Subdiv. (6) in Subsec. (a) to add provision re regional
educational service center administrative or service facilities, specified applicability of Subdiv. (8) to FY 1983-1984 and
thereafter and deleted provision in Subdiv. (9) which limited its applicability to projects involving lease of existing building
which had been used as a private school; P.A. 86-245 added in Subdiv. (1) of Subsec. (a) Subpara. designations and the
reimbursement formula for projects for which estimated grant payments were begun prior to July 31, 1983; P.A. 87-305
in Subdiv. (7) of Subsec. (a) reduced, from twenty-five to twenty years, the age of a roof for which a grant is available
without a finding of improper design or construction, provided for the total replacement of a portion of such a roof and
for a grant for a roof which has existed for fewer than twenty years when the town recovers less than the eligible cost and
made technical changes; P.A. 87-419 replaced provisions re lease of existing buildings by towns or regional school districts
based on appraised value in Subdiv. (9) of Subsec. (a) with provisions re lease of facilities by regional educational service
centers; P.A. 87-499 amended Subdiv. (6) of Subsec. (a) to substitute "commissioner" for "state board" and "eligible
project cost" for "net eligible project cost"; P.A. 88-360 in Subsec. (a) substituted "commissioner" for "state board" of
education and in Subdiv. (5) provided an alternate calculation for projects solely for the purchase of equipment for a
regional vocational agriculture center; P.A. 89-355 in Subsec. (a) substituted the "eligible percentage" for "not less than
forty nor more than eighty per cent" and made technical changes; P.A. 91-303 in Subsec. (a) (9) changed requirements for
applications filed on and after July 1, 1991, added provisions concerning the local fire marshal, eligible costs, payment
schedule and underpayments and overpayments and removed requirement for inspection by the department of education;
P.A. 93-190 added Subsec. (c) re computation of grants for projects authorized after January 1, 1993, for buildings constructed prior to 1950, effective July 1, 1993; P.A. 96-244 amended Subsec. (a) to remove Subdivs. (3) and (4) containing
provisions dealing with regional school districts which are covered by Sec. 10-285a, renumbering remaining Subdivs. as
necessary, to make technical changes, and in Subdiv. (4) to apply to purchase of equipment and amended Subsec. (b)(2)
to add "state funds" and to substitute "costs" for "cost estimates", effective July 1, 1996; P.A. 96-270 amended Subsec.
(a) to add Subdiv. (10), codified as Subdiv. (9) due to other amendments to this section, re renovation projects for which
an application is made on or after July 1, 1995, and amended Subsec. (a)(2) to add provision concerning exemption from
space specifications and eligibility for reimbursement of otherwise ineligible repairs and replacements for projects for
which an application is made on or after July 1, 1995, effective July 1, 1996; P.A. 97-265 amended Subsec. (a) to delete
Subdiv. (8) re leasing of facility by a regional educational service center and redesignate former Subdiv. (9) as Subdiv.
(8), effective July 1, 1997; P.A. 00-220 amended Subsec. (a)(6) to make existing provision re improper design or improper
construction Subpara. (A) and to add Subpara. (B) re treatment of certain roofs at least fifteen years old but less than twenty
years old, effective July 1, 2000; P.A. 01-173 amended Subsec. (c) to add exception for applications to the department by
June 30, 2002, for use of increased percentage for a building constructed prior to July 1, 1951, effective July 1, 2001; P.A.
03-76 made technical changes in Subsec. (a)(1), effective June 3, 2003; P.A. 03-220 amended Subsec. (a) by adding Subdiv.
(9) re remediation of certified school indoor air quality emergencies and added Subsec. (d) re square footage per pupil
increase for accommodation of heating, ventilation or air conditioning system, effective July 1, 2003.
See Sec. 10-42 re computation of expenses of temporary regional school study committee.
See Sec. 10-285a re grants for school building projects.
Violates Article I, Sec. 20 and Article VIII, Sec. 1 of Connecticut Constitution. 31 CS 377.
Sec. 10-286a. Grants for occupational training facilities. Section 10-286a is repealed.
(February, 1965, P.A. 361, S. 8; 1967, P.A. 588, S. 6; P.A. 82-22, S. 3, 4.)
Sec. 10-286b. Adjustment of grants approved prior to July 1, 1967. Formula
for regional school districts. Section 10-286b is repealed, effective July 1, 1996.
(1967, P.A. 588, S. 3; 1969, P.A. 617, S. 1; P.A. 78-218, S. 194; P.A. 96-244, S. 62, 63.)
Sec. 10-286c. Establishment of criteria for building grants. Section 10-286c is
repealed.
(1967, P.A. 588, S. 5; 1969, P.A. 698, S. 27.)
Sec. 10-286d. Site-acquisition grant. (a) Any grant for a completed school building project approved by the Commissioner of Education under the provisions of sections
10-282 and 10-286 shall include an amount equal to the percentage determined in section
10-285a of the site-acquisition costs related to such project which are determined to be
eligible by the Commissioner of Education, provided the site of such project was approved by the Commissioner of Education and by the local board of education in such
school district prior to the date of beginning of construction. Such site-acquisition grant
shall be in addition to the amount granted pursuant to section 10-286. In the case of new
school building projects the date of site acquisition shall have no bearing on approval
of a site-acquisition grant.
(b) For purposes of determining the amount of grants pursuant to subsection (a)
of this section for a priority school district under section 10-266p, the Department of
Education shall allow the reasonable cost, as determined by the commissioner, of acquiring property adjacent to an existing school site as an eligible cost if the acreage of the
existing school site is less than half of the number of the acres permitted under regulations
adopted by the State Board of Education pursuant to this chapter.
(1967, P.A. 588, S. 4; P.A. 76-418, S. 6, 18; P.A. 78-352, S. 3; P.A. 82-22, S. 2, 4; P.A. 84-460, S. 10, 16; P.A. 87-499, S. 24, 34; P.A. 88-360, S. 32, 63; June Sp. Sess. P.A. 91-5, S. 37, 49; P.A. 99-239, S. 18, 32.)
History: P.A. 76-418 required approval of state board of education as well as of local board of education for sites; P.A.
78-352 deleted reference to projects approved "after July 1, 1967", making provisions generally applicable and allowed
payment of site acquisition costs in amount equal to "percentage determined in section 10-285a" rather than one-half of
cost; P.A. 82-22 removed reference to Sec. 10-286a, repealed by the same act; P.A. 84-460 deleted reference to Sec. 10-286c and substituted "eligible" for "necessary" re costs related to the project; P.A. 87-499 provided that the project site
be approved by the commissioner rather than the state board of education; P.A. 88-360 substituted "commissioner" for
"state board" of education; June Sp. Sess. P.A. 91-5 removed language which limited the site acquisition grant to additions
to the site which are required by the project in the case of the extension of an existing school building or major alteration;
P.A. 99-239 designated the existing section as Subsec. (a) and added Subsec. (b) re acquisition of property adjacent to an
existing school site in a priority school district, effective June 28, 1999.
Sec. 10-286e. Audits. (a) If the Department of Education does not complete an
audit of a school building project during the five-year period from the date the school
district files a notice of project completion with the department, the department shall
conduct a limited scope audit of such project. The limited scope audit shall review (1)
the total amount of expenditures reported, (2) any off-site improvements, (3) adherence
to authorized space specifications, (4) interest costs on temporary notes and bonds, and
(5) any other matter the Commissioner of Education deems appropriate.
(b) The department shall not make any adjustment to a school construction grant
based on the result of an audit finding that a change order was not publicly bid.
(P.A. 00-220, S. 22, 43.)
History: P.A. 00-220 effective July 1, 2000.
Sec. 10-287. Installment payments of school building project grants. Construction contracts subject to bid. Withholding of state grant payments; conditions.
Submission of final grant application. (a) A grant for a school building project under
this chapter to meet project costs not eligible for state financial assistance under section
10-287a shall be paid in installments, the number and time of payment of which shall
correspond to the number and time of principal installment payments on municipal
bonds, including principal 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 such costs and shall be equal to the state's share of project costs per principal
installment on municipal bonds or notes, except in cases where the project has been
fully paid for, in which case the number of installments shall be five or, in the case of
a regional vocational agriculture center or a cooperative regional special educational
facility, shall be one; provided final payment shall not be made prior to an audit conducted by the State Board of Education for each project for which a final calculation
was not made prior to July 31, 1983. Grants under twenty-five thousand dollars shall
be paid in one lump sum. The Commissioner of Education shall certify to the State
Comptroller, upon completion of the issuance of bonds or such renewal of temporary
notes to finance each school building project, the dates and amounts of grant payments
to be made pursuant to this chapter and the State Comptroller shall draw an order on
the State Treasurer upon such certification to pay the amounts so certified when due.
All site acquisition and project cost grant payments shall be made at least ten days
prior to the principal payment on bonds or temporary notes related thereto or short-term
financing issued to finance such site acquisition or project. Annual grant installments
paid pursuant to this section on principal installment payments to retire temporary notes
renewed pursuant to section 7-378a or 7-378e shall be based each year on the amount
required to be retired pursuant to said sections, as adjusted for any ineligible project
costs, and 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. In the event that a school building project is not completed at the time bonds or
temporary notes related thereto are issued to finance the project, the certification of the
grant payments made pursuant to this section 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 grant payments based on the state's share of final
eligible costs.
(b) All orders and contracts for school building construction receiving state assistance under this chapter shall be awarded to the lowest responsible qualified bidder
only after a public invitation to bid, which shall be advertised in a newspaper having
circulation in the town in which construction is to take place, except for (1) school
building projects for which the town or regional school district is using a state contract
pursuant to subsection (d) of section 10-292, and (2) change orders, those contracts
or orders costing less than ten thousand dollars and those of an emergency nature, as
determined by the Commissioner of Education, in which cases the contractor or vendor
may be selected by negotiation, provided no local fiscal regulations, ordinances or charter provisions conflict.
(c) If the commissioner determines that a building project has not met the approved
conditions of the original application, the State Board of Education may withhold subsequent state grant payments for said project until appropriate action, as determined by
the commissioner, is taken to cause the building project to be in compliance with the
approved conditions or may require repayment of all state grant payments for said project
when such appropriate action is not undertaken within a reasonable time.
(d) Each town or regional school district shall submit a final grant application to
the Department of Education within one year from the date of completion and acceptance
of the building project by the town or regional school district. If a town or regional
school district fails to submit a final grant application within said period of time, the
commissioner may withhold ten per cent of the state reimbursement for such project.
(November, 1949, 1951, 1953, S. 985d; 1957, P.A. 593, S. 6; 1959, P.A. 321, S. 4; 1963, P.A. 317; February, 1965,
P.A. 361, S. 13; 1969, P.A. 751, S. 1; 1971, P.A. 695, S. 1; P.A. 73-215, S. 1, 2; P.A. 76-418, S. 7, 18; P.A. 82-253, S. 1,
4; P.A. 84-460, S. 11, 16; P.A. 88-360, S. 33, 34, 63; June Sp. Sess. P.A. 91-5, S. 38, 49; P.A. 94-245, S. 7, 46; P.A. 95-259, S. 20, 32; P.A. 97-265, S. 79, 98; P.A. 98-249, S. 65, 67; P.A. 03-76, S. 29.)
History: 1959 act added provision re regional vocational agriculture center; 1963 act provided grants under ten thousand
dollars be paid in lump sum rather than five annual installments; 1965 act changed number of installments from twenty to
the same number as for municipal bonds issued for project's construction; 1969 act specified that provisions apply to grants
"for projects not receiving state financial assistance under section 10-287b;" 1971 act changed applicability of provisions
to grants "not eligible for state financial assistance under section 10-287a"; P.A. 73-215 provided exception to requirement
for bids for contracts of less than ten thousand dollars and those of an emergency nature; P.A. 76-418 clarified exceptions
to provision making installments equal in number to installments on municipal bonds by excepting cases where number
of installments on municipal bonds is less than five and by including cases involving cooperative regional special education
facilities in provision re vocational agriculture centers and changed amount of grants to be paid in lump sum from ten to
twenty-five thousand dollars; P.A. 82-253 added provisions concerning the number of grant installment payments so that
the total would be equal to the number of installment payments on the municipal bonds, as previously provided, however
the amendment in this act included in such payments on municipal bonds, 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; P.A. 84-460 amended Subsec. (a) re
payment of the state's share of project costs per installment on municipal bonds or notes, added provision re final payment
conditioned on audit of any project for which a final calculation was not made prior to July 31, 1983, added new Subsec.
(c) re withholding of state grant payments and added new Subsec. (d) re submission of a final grant application; P.A. 88-360 in Subsec. (a) deleted designations for Subdivs. (1) and (2) and added that the determination related to such rates of
interest "may be reviewed" by the commissioner of education and in Subsec. (b) substituted "commissioner" for "state
board" of education; June Sp. Sess. P.A. 91-5 amended Subsec. (a) to remove an exception which provided for five
installments in cases where the number of installment payments on municipal bonds is less than five; P.A. 94-245 amended
Subsec. (d) to remove forfeiture provision for failure to submit a final grant application within the required time frame
and to substitute provision permitting the commissioner to withhold ten per cent of the state reimbursement for such project,
effective June 2, 1994; P.A. 95-259 amended Subsec. (b) to add the exception for change orders, effective July 6, 1995;
P.A. 97-265 amended Subsec. (a) to specify that installments are for principal, to provide for certification to the State
Comptroller of the dates and amounts of grant payments, to require payments to be made at least ten days prior to the
principal payment on bonds or other financing, to allow for certification to be based on estimates if the project is not
completed at the time bonds or temporary notes are issued to finance the project and to require adjustment and recertification
based on the state's share of final eligible costs, effective July 1, 1997; P.A. 98-249 amended Subsec. (b) to add provision
re use of a state contract, effective June 8, 1998; P.A. 03-76 made a technical change in Subsec. (d), effective June 3, 2003.
Sec. 10-287a. Lump sum payments. Advance payment of grants. Overpayment. A grant under this chapter to meet project costs not permanently financed prior
to July 1, 1969, shall be payable in one lump sum forthwith after the completion of such
projects and a determination by the Commissioner of Education of the amount of such
grant, but only if the application for review of preliminary plans and specifications on
Form 2A for such project was submitted prior to October 1, 1975, in the case of towns
and prior to October 15, 1975, in the case of regional school districts. The Commissioner
of Education is authorized on behalf of the state, subject to the approval of the State Bond
Commission, to make a commitment for such grant at any time prior to the completion of
such project and to make advances thereon at such times and in such amounts as it shall
deem advisable, provided the aggregate of such advances shall at no time exceed the
estimated amount of such grant as determined by the Commissioner of Education. If
the aggregate of such advances exceeds the amount of such grant as finally determined
by the Commissioner of Education, the town or regional school district receiving such
advances shall promptly repay to the state the amount of such overpayment.
(1969, P.A. 751, S. 2; 1971, P.A. 695, S. 2; P.A. 76-418, S. 8, 18; P.A. 88-360, S. 35, 63.)
History: 1971 act made provisions applicable to grants "to meet the project costs not permanently financed prior to
July 1, 1969," rather than to grants "for project receiving state financial assistance under section 10-287b" as previously
and simplified language; P.A. 76-418 qualified provision requiring payment in lump sum, limiting its applicability to cases
in which preliminary plans and specifications were submitted as set forth in section; P.A. 88-360 substituted "commissioner"
for "state board" of education.
Sec. 10-287b. Loans for school building projects. Terms of bonds and notes
evidencing such loans. Section 10-287b is repealed.
(1969, P.A. 751, S. 3; 1971, P.A. 695, S. 9.)
Sec. 10-287c. Regulations. The State Board of Education is authorized to prescribe such rules and regulations as may be necessary to implement the provisions of
this chapter, provided any rules or regulations to implement the provisions of sections
10-283, 10-287, 10-287a, 10-292d and subsection (d) of section 10-292m shall be prescribed in consultation with the Secretary of the Office of Policy and Management.
Whenever the Commissioner of Education has made a commitment for a grant prior to
the completion of a project as provided in section 10-287a, and said commissioner
has made advances thereon as provided in said section, any such rules or regulations
prescribed in accordance with this section which were in effect at the time of such
commitment and advances shall be applicable to any additional commitment and subsequent advances with respect to said project.
(1969, P.A. 751, S. 4; 1971, P.A. 695, S. 3; P.A. 76-351, S. 1, 2; P.A. 77-614, S. 19, 610; P.A. 84-460, S. 12, 16; P.A.
88-360, S. 36, 63; P.A. 97-265, S. 80, 98.)
History: 1971 act required consultation with commissioner of finance and control re rules and regulations and substituted
reference to Sec. 10-287g for reference to repealed Sec. 10-287b; P.A. 76-351 added provision re applicability of rules
and regulations in effect at time of commitment in cases involving advance payments and subsequent additional commitments; P.A. 77-614 substituted secretary of the office of policy and management for commissioner of finance and control;
P.A. 84-460 added provisions re adoption of regulations and required that regulations to implement the provisions of
sections 10-287, 10-287a and 10-287g be prescribed in consultation with the secretary of the office of policy and management; P.A. 88-360 substituted "commissioner" for "state board" of education; P.A. 97-265 added provision for regulations
to implement Secs. 10-283, 10-292d and 10-292m(b) and deleted provision concerning regulations for Sec. 10-287g,
effective July 1, 1997.
Sec. 10-287d. Bond issue for school building project grants. For the purposes of
funding (1) grants to projects that have received approval of the State Board of Education
pursuant to sections 10-287 and 10-287a, subsection (a) of section 10-65 and section
10-76e, (2) grants to assist school building projects to remedy safety and health violations and damage from fire and catastrophe, and (3) regional vocational-technical school
projects pursuant to section 10-283b, 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 four
billion one hundred seventy-one million eight hundred sixty thousand dollars, provided
six hundred twenty-five million five hundred thousand 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.
(1969, P.A. 751, S. 5; 1971, P.A. 25, S. 1; 695, S. 4; June, 1971, P.A. 4, S. 4; 1972, P.A. 225, S. 3; P.A. 73-286, S. 4,
5; P.A. 76-418, S. 17, 18; P.A. 79-591, S. 1, 2; P.A. 80-317, S. 2, 3; S.A. 80-41, S. 61, 68; P.A. 84-443, S. 9, 20; P.A. 87-405, S. 14, 26; P.A. 88-343, S. 8, 32; P.A. 89-1, S. 1, 2; 89-331, S. 11, 30; P.A. 90-297, S. 5, 24; June Sp. Sess. P.A. 91-4, S. 11, 25; May Sp. Sess. 92-7, S. 10, 36; June Sp. Sess. P.A. 93-1, S. 10, 45; P.A. 95-272, S. 8, 29; P.A. 97-265, S. 81,
98; P.A. 98-259, S. 7, 17; P.A. 99-4, S. 1, 3; 99-241, S. 7, 66; 99-281, S. 3, 6; P.A. 00-167, S. 60, 69; June Sp. Sess. P.A.
01-7, S. 4, 28;