Connecticut General Statutes/Title 10/Chapter 173/Section 10-285a

CGS § 10-285a. Percentage determination for school building project grants.

(a)(1) 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 assigned by the Commissioner of Administrative Services in accordance with the percentage calculated by the Commissioner of Education as follows: (A) For grants approved pursuant to section 10-283 for which application is made on and after July 1, 1991, and before July 1, 2011, (i) 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; and (ii) 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) for grants approved pursuant to section 10-283 for which application is made on and after July 1, 2011, and before July 1, 2017, (i) 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, and (ii) based upon such ranking, (I) a percentage of not less than ten nor more than seventy shall be determined for new construction or replacement of a school building for each town on a continuous scale, and (II) a percentage of not less than twenty nor more than eighty shall be determined for renovations, extensions, code violations, roof replacements and major alterations of an existing school building and the new construction or replacement of a school building when a town or regional school district can demonstrate that a new construction or replacement is less expensive than a renovation, extension or major alteration of an existing school building for each town on a continuous scale; (C) for grants approved pursuant to section 10-283 for which application is made on and after July 1, 2017, and before June 1, 2022, (i) each town shall be ranked in descending order from one to one hundred sixty-nine according to the adjusted equalized net grand list per capita, as defined in section 10-261, of the town two, three and four years prior to the fiscal year in which application is made, (ii) based upon such ranking, (I) a percentage of not less than ten nor more than seventy shall be determined for new construction or replacement of a school building for each town on a continuous scale, and (II) a percentage of not less than twenty nor more than eighty shall be determined for renovations, extensions, code violations, roof replacements and major alterations of an existing school building and the new construction or replacement of a school building when a town or regional school district can demonstrate that a new construction or replacement is less expensive than a renovation, extension or major alteration of an existing school building for each town on a continuous scale; (D) except as otherwise provided in subdivision (2) of this subsection, for grants approved pursuant to section 10-283 for which application is made on and after June 1, 2022, (i) each town shall be ranked in descending order from one to one hundred sixty-nine according to the adjusted equalized net grand list per capita, as defined in section 10-261, of the town two, three and four years prior to the fiscal year in which application is made, and (ii) based upon such ranking, (I) a percentage of not less than ten nor more than seventy shall be determined for new construction or replacement of a school building for each town on a continuous scale, and (II) a percentage of not less than twenty nor more than eighty shall be determined for renovations, extensions, code violations, roof replacements and major alterations of an existing school building and the new construction or replacement of a school building when a town or regional school district can demonstrate that a new construction or replacement is less expensive than a renovation, extension or major alteration of an existing school building for each town on a continuous scale; and (E) except as otherwise provided in subdivision (2) of this subsection, for grants approved pursuant to section 10-283 for which application is made on and after July 1, 2024, (i) each town shall be ranked in descending order from one to one hundred sixty-nine according to the adjusted equalized net grand list per capita, as defined in section 10-261, of the town two, three and four years prior to the fiscal year in which application is made, and (ii) based upon such ranking, (I) a percentage of not less than ten nor more than eighty shall be determined for new construction or replacement of a school building for each town on a continuous scale, and (II) a percentage of not less than twenty nor more than eighty shall be determined for renovations, extensions, code violations, roof replacements and major alterations of an existing school building and the new construction or replacement of a school building when a town or regional school district can demonstrate that a new construction or replacement is less expensive than a renovation, extension or major alteration of an existing school building for each town on a continuous scale.

(2) For grants approved pursuant to section 10-283 for which application is made prior to July 1, 2047, the percentage of school building project grant money a local board of education for (A) any town with a total population of eighty thousand or greater may be eligible to receive shall be the greater of the percentage calculated pursuant to subdivision (1) of this subsection or sixty per cent, and (B) the town of Cheshire shall be the greater of the percentage calculated pursuant to subdivision (1) of this subsection or fifty per cent.

(b) (1) Except as otherwise provided in subdivision (2) of this subsection, 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 (A) 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, (B) adding together the figures 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 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.

(2) Any board of education of a regional school district established or expanded on or after July 1, 2016, that submits an application for a school building project (A) not later than ten years after the establishment or expansion of such regional school district, and (B) that is related to such establishment or expansion, may be eligible to receive a percentage of school building project grant money, under the provisions of section 10-286, as follows: The reimbursement percentage of the town in such regional school district with the greatest reimbursement percentage, as determined in subsection (a) of this section, plus ten 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) (1) If an elementary school building project for a new building or for the expansion of an existing building includes space for an early childhood care and education program that provides services for children from birth to five years, the percentage determined pursuant to this section shall be increased by fifteen percentage points, but shall not exceed one hundred per cent, for the portion of the building used primarily for such purpose. Recipient districts shall maintain such early childhood care and education program for at least ten years.

(2) The percentage determined pursuant to this section for any school building project for a building or facility that will be used exclusively by a local or regional board of education for an early childhood care and education program that provides services for children from birth to five years shall be increased by fifteen percentage points, but shall not exceed one hundred per cent. Recipient districts shall maintain such early childhood care and education program for at least twenty years.

(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 a full-day preschool program or to reduce class size pursuant to section 10-265f, the percentage determined pursuant to this section shall be increased by fifteen percentage points, but shall not exceed one hundred per cent, for the portion of the building used primarily for such full-day kindergarten program, full-day preschool program or such reduced size classes. Recipient districts that receive an increase pursuant to this subsection in support of a full-day preschool program, shall maintain full-day preschool enrollment for at least ten years.

(i) For all projects authorized on or after July 1, 2007, all attorneys' fees and court costs related to litigation shall be eligible for state school construction grant assistance only if the grant applicant is the prevailing party in any such litigation.

(j) The percentage determined pursuant to this section for a school building project grant for a diversity school, approved pursuant to section 10-286h, shall be increased by ten percentage points.

(k) On and after July 1, 2024, for applications submitted pursuant to subsection (a) of section 10-283, the percentage of school building project grant money a local or regional board of education may be eligible to receive shall be increased by five percentage points if, prior to December first of the year in which the board submits an application for a grant, such board submits a written determination issued by the Commissioner of Housing within such year finding that the municipality in which the school building project is to occur has been deemed to be an inclusive municipality. As used in this subsection, “inclusive municipality” means any municipality that: (1) Has a total population, as defined in section 10-261, that is greater than six thousand; (2) has less than ten per cent of its housing units determined by the commissioner to be affordable; (3) has adopted and maintains zoning regulations that (A) promote fair housing, as determined by the commissioner, (B) provide a streamlined process for the approval of the development of multifamily housing of three units or more, (C) permit mixed-use development, and (D) allow accessory dwelling units; and (4) has constructed new affordable housing units that (A) are restricted, through deeds, covenants or other means, to individuals or families whose income is eighty per cent or less of the state median income, and (B) equal at least one per cent of such town's total housing units in the three years immediately preceding the submission of an application under this section.

Short History

(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; P.A. 05-245, S. 6, 7; P.A. 07-242, S. 11; 07-249, S. 3, 33; P.A. 11-51, S. 120; P.A. 14-90, S. 9; May Sp. Sess. P.A. 16-4, S. 323; June Sp. Sess. P.A. 17-2, S. 83; July Sp. Sess. P.A. 19-1, S. 5; P.A. 22-146, S. 13; P.A. 23-205, S. 116; 23-207, S. 42; P.A. 24-151, S. 155–157.)

Long History

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 40% to 80% to 30% to 80% 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 10% increase and delete provisions re 5% 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 5% to 10%, effective July 1, 2001; P.A. 03-76 made technical changes in Subsec. (b), effective June 3, 2003; P.A. 05-245 amended Subsec. (e) by adding requirement for maintaining full-day preschool enrollment for at least 10 years and amended Subsec. (h) by adding language re full-day preschool program, effective July 1, 2005; P.A. 07-242 added Subsec. (i) re increase for adherence to provisions of Sec. 16a-38k; P.A. 07-249 deleted Subsec. (i) added by P.A. 07-242, effective October 1, 2007, and added new Subsec. (i) re attorneys' fees and court costs, effective July 1, 2007; P.A. 11-51 amended Subsec. (a) by adding “by the Commissioner of Education”, replacing former Subdivs. (1) and (2) with provision, redesignated as Subdiv. (1), re percentage of not less than 20 nor more than 80 for grants approved on and after July 1, 1991, and before July 1, 2011, and adding new Subdiv. (2) re percentages for applications made on and after July 1, 2011, effective July 1, 2011; P.A. 14-90 amended Subsec. (a) by replacing “determined” with “assigned by the Commissioner of Administrative Services in accordance with the percentage calculated”, effective July 1, 2014; May Sp. Sess. P.A. 16-4 amended Subsec. (b) by designating existing provisions re percentage of school building project grant money as Subdiv. (1) and amending same to add reference to exception in Subdiv. (2) and redesignate existing Subdivs. (1) to (3) as Subparas. (A) to (C), adding new Subdiv. (2) re reimbursement percentage for regional school district established or expanded on or after July 1, 2016, and making a conforming change, effective July 1, 2016; June Sp. Sess. P.A. 17-2 amended Subsec. (a) by adding “and before July 1, 2017” in Subdiv. (2), adding Subdiv. (3) re applications made on and after July 1, 2017, and making a conforming change, effective October 31, 2017; July Sp. Sess. P.A. 19-1 added Subsec. (j) re percentage for projects for a diversity school to be increased by 10 percentage points, effective July 23, 2019; P.A. 22-146 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and amended same by redesignating existing Subdivs. (1) to (3) as Subparas. (A) to (C) and making conforming changes therein, adding Subpara. (D) re applications made on and after June 1, 2022, and adding new Subdiv. (2) re percentage of school building project grant money for towns with total populations of 80,000 or greater and the town of Cheshire, effective June 1, 2022; P.A. 23-205 amended Subsec. (a)(1) by adding Subpara. (E) re applications made on and after July 1, 2024, and making a conforming change, effective July 1, 2023; P.A. 23-207 added Subsec. (k) re additional school construction grant money for certain inclusive municipalities; P.A. 24-151 amended Subsec. (e) by designating existing provisions as Subdiv. (1) and amended same by replacing “a school readiness program” with “an early childhood care and education program that provides services for children from birth to five years”, “five percentage points” with “fifteen percentage points” and “full-day preschool enrollment” with “such early childhood care and education program”, and added Subdiv. (2) re percentage to be increased by 15 percentage points for projects for building or facility that will be used exclusively by board for early childhood care and education program for children birth to 5 years, amended Subsec. (h) by replacing “ten percentage points” with “fifteen percentage points” and adding “, but shall not exceed one hundred per cent,”, and amended Subsec. (k) by making provisions applicable on and after July 1, 2024, adding provision re submission of written determination issued by Commissioner of Housing finding that municipality for project is deemed an inclusive municipality, and making technical and conforming changes, effective July 1, 2024.

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