(a) The Department of Education shall, within available appropriations, establish a grant program (1) to assist (A) local and regional boards of education, (B) regional educational service centers, (C) the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and Three Rivers Community College, and (D) cooperative arrangements pursuant to § 10-158a, and (2) in assisting the state in meeting its obligations pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, to assist (A) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (B) the Board of Trustees of the Connecticut State University System on behalf of a state university, (C) the Board of Trustees of The University of Connecticut on behalf of the university, (D) the board of governors for an independent institution of higher education, as defined in subsection (a) of § 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, and (E) any other third-party not-for-profit corporation approved by the commissioner with the operation of interdistrict magnet school programs. All interdistrict magnet schools shall be operated in conformance with the same laws and regulations applicable to public schools. For the purposes of this section “an interdistrict magnet school program” means a program which (i) supports racial, ethnic and economic diversity, (ii) offers a special and high quality curriculum, and (iii) requires students who are enrolled to attend at least half-time. An interdistrict magnet school program does not include a regional agricultural science and technology school, a technical education and career school or a regional special education center. For the school years commencing July 1, 2017, to July 1, 2023, inclusive, the governing authority for each interdistrict magnet school program shall (I) restrict the number of students that may enroll in the school from a participating district to seventy-five per cent of the total school enrollment, and (II) maintain a total school enrollment that is in accordance with the reduced-isolation setting standards for interdistrict magnet school programs, developed by the Commissioner of Education pursuant to § 10-264r.

Terms Used In Connecticut General Statutes 10-264l

  • another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

(b) (1) Applications for interdistrict magnet school program operating grants awarded pursuant to this section shall be submitted annually to the Commissioner of Education at such time and in such manner as the commissioner prescribes, except that on and after July 1, 2009, applications for such operating grants for new interdistrict magnet schools, other than those that the commissioner determines will assist the state in meeting its obligations pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, shall not be accepted until the commissioner develops a comprehensive state-wide interdistrict magnet school plan. The commissioner shall submit such comprehensive state-wide interdistrict magnet school plan on or before October 1, 2016, to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations.

(2) In determining whether an application shall be approved and funds awarded pursuant to this section, the commissioner shall consider, but such consideration shall not be limited to: (A) Whether the program offered by the school is likely to increase student achievement; (B) whether the program is likely to reduce racial, ethnic and economic isolation; (C) the percentage of the student enrollment in the program from each participating district; and (D) the proposed operating budget and the sources of funding for the interdistrict magnet school. For a magnet school not operated by a local or regional board of education, the commissioner shall only approve a proposed operating budget that, on a per pupil basis, does not exceed the maximum allowable threshold established in accordance with this subdivision. The maximum allowable threshold shall be an amount equal to one hundred twenty per cent of the state average of the quotient obtained by dividing net current expenditures, as defined in § 10-261, by average daily membership, as defined in said section, for the fiscal year two years prior to the fiscal year for which the operating grant is requested. The Department of Education shall establish the maximum allowable threshold no later than December fifteenth of the fiscal year prior to the fiscal year for which the operating grant is requested. If requested by an applicant that is not a local or regional board of education, the commissioner may approve a proposed operating budget that exceeds the maximum allowable threshold if the commissioner determines that there are extraordinary programmatic needs. For the fiscal years ending June 30, 2017, June 30, 2018, June 30, 2020, and June 30, 2021, in the case of an interdistrict magnet school that will assist the state in meeting its obligations pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, the commissioner shall also consider whether the school is meeting the reduced-isolation setting standards for interdistrict magnet school programs, developed by the commissioner pursuant to § 10-264r. If such school has not met such reduced-isolation setting standards, it shall not be entitled to receive a grant pursuant to this section unless the commissioner finds that it is appropriate to award a grant for an additional year or years and approves a plan to bring such school into compliance with such reduced-isolation setting standards. If requested by the commissioner, the applicant shall meet with the commissioner or the commissioner’s designee to discuss the budget and sources of funding.

(3) For the fiscal years ending June 30, 2018, to June 30, 2023, inclusive, the commissioner shall not award a grant to an interdistrict magnet school program that (A) has more than seventy-five per cent of the total school enrollment from one school district, or (B) does not maintain a total school enrollment that is in accordance with the reduced-isolation setting standards for interdistrict magnet school programs, developed by the Commissioner of Education pursuant to § 10-264r, except the commissioner may award a grant to such school for an additional year or years if the commissioner finds it is appropriate to do so and approves a plan to bring such school into compliance with such residency or reduced-isolation setting standards.

(4) For the fiscal years ending June 30, 2018, to June 30, 2021, inclusive, if an interdistrict magnet school program does not maintain a total school enrollment that is in accordance with the reduced-isolation setting standards for interdistrict magnet school programs, developed by the commissioner pursuant to § 10-264r, for two or more consecutive years, the commissioner may impose a financial penalty on the operator of such interdistrict magnet school program, or take any other measure, in consultation with such operator, as may be appropriate to assist such operator in complying with such reduced-isolation setting standards.

(c) (1) The maximum amount each interdistrict magnet school program, except those described in subparagraphs (A) to (G), inclusive, of subdivision (3) of this subsection, shall be eligible to receive per enrolled student who is not a resident of the town operating the magnet school shall be (A) six thousand sixteen dollars for the fiscal year ending June 30, 2008, (B) six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2009, to June 30, 2012, inclusive, (C) seven thousand eighty-five dollars for the fiscal years ending June 30, 2013, to June 30, 2019, inclusive, and (D) seven thousand two hundred twenty-seven dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter. The per pupil grant for each enrolled student who is a resident of the town operating the magnet school program shall be (i) three thousand dollars for the fiscal years ending June 30, 2008, to June 30, 2019, inclusive, and (ii) three thousand sixty dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter.

(2) For the fiscal year ending June 30, 2003, and each fiscal year thereafter, the commissioner may, within available appropriations, provide supplemental grants for the purposes of enhancing educational programs in such interdistrict magnet schools, as the commissioner determines. Such grants shall be made after the commissioner has conducted a comprehensive financial review and approved the total operating budget for such schools, including all revenue and expenditure estimates.

(3) (A) Except as otherwise provided in subparagraphs (C) to (G), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls less than fifty-five per cent of the school’s students from a single town shall receive a per pupil grant in the amount of (i) six thousand two hundred fifty dollars for the fiscal year ending June 30, 2006, (ii) six thousand five hundred dollars for the fiscal year ending June 30, 2007, (iii) seven thousand sixty dollars for the fiscal year ending June 30, 2008, (iv) seven thousand six hundred twenty dollars for the fiscal years ending June 30, 2009, to June 30, 2012, inclusive, (v) seven thousand nine hundred dollars for the fiscal years ending June 30, 2013, to June 30, 2019, inclusive, and (vi) eight thousand fifty-eight dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter.

(B) Except as otherwise provided in subparagraphs (C) to (G), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls at least fifty-five per cent of the school’s students from a single town shall receive a per pupil grant for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent of the school’s students in the amount of (i) six thousand sixteen dollars for the fiscal year ending June 30, 2008, (ii) six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2009, to June 30, 2012, inclusive, (iii) seven thousand eighty-five dollars for the fiscal years ending June 30, 2013, to June 30, 2019, inclusive, and (iv) seven thousand two hundred twenty-seven dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter. The per pupil grant for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent of the school’s students shall be three thousand sixty dollars.

(C) (i) For the fiscal years ending June 30, 2015, to June 30, 2019, inclusive, each interdistrict magnet school operated by a regional educational service center that began operations for the school year commencing July 1, 2001, and that for the school year commencing July 1, 2008, enrolled at least fifty-five per cent, but no more than eighty per cent of the school’s students from a single town, shall receive a per pupil grant (I) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school’s students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand one hundred eighty dollars, (II) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school’s students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of three thousand dollars, (III) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school’s students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand one hundred eighty dollars, and (IV) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school’s students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of seven thousand eighty-five dollars.

(ii) For the fiscal year ending June 30, 2020, and each fiscal year thereafter, each interdistrict magnet school operated by a regional educational service center that began operations for the school year commencing July 1, 2001, and that for the school year commencing July 1, 2008, enrolled at least fifty-five per cent, but not more than eighty per cent of the school’s students from a single town, shall receive a per pupil grant (I) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school’s students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand three hundred forty-four dollars, (II) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school’s students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of three thousand sixty dollars, (III) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school’s students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand three hundred forty-four dollars, and (IV) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school’s students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of seven thousand two hundred twenty-seven dollars.

(D) (i) Except as otherwise provided in subparagraph (D)(ii) of this subdivision, each interdistrict magnet school operated by (I) a regional educational service center, (II) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (III) the Board of Trustees of the Connecticut State University System on behalf of a state university, (IV) the Board of Trustees for The University of Connecticut on behalf of the university, (V) the board of governors for an independent institution of higher education, as defined in subsection (a) of § 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, except as otherwise provided in subparagraph (E) of this subdivision, (VI) cooperative arrangements pursuant to § 10-158a, (VII) any other third-party not-for-profit corporation approved by the commissioner, and (VIII) the Hartford school district for the operation of Great Path Academy on behalf of Manchester Community College, that enrolls less than sixty per cent of its students from Hartford shall receive a per pupil grant in the amount of nine thousand six hundred ninety-five dollars for the fiscal year ending June 30, 2010, ten thousand four hundred forty-three dollars for the fiscal years ending June 30, 2011, to June 30, 2019, inclusive, and ten thousand six hundred fifty-two dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter.

(ii) For the fiscal years ending June 30, 2016, to June 30, 2019, inclusive, any interdistrict magnet school described in subparagraph (D)(i) of this subdivision that enrolls less than fifty per cent of its incoming students from Hartford shall receive a per pupil grant in the amount of seven thousand nine hundred dollars for one-half of the total number of non-Hartford students enrolled in the school over fifty per cent of the total school enrollment and shall receive a per pupil grant in the amount of ten thousand four hundred forty-three dollars for the remainder of the total school enrollment. For the fiscal year ending June 30, 2020, and each fiscal year thereafter, any interdistrict magnet school described in subparagraph (D)(i) of this subdivision that enrolls less than fifty per cent of its incoming students from Hartford shall receive a per pupil grant in the amount of eight thousand fifty-eight dollars for one-half of the total number of non-Hartford students enrolled in the school over fifty per cent of the total school enrollment and shall receive a per pupil grant in the amount of ten thousand six hundred fifty-two dollars for the remainder of the total school enrollment, except the commissioner may, upon the written request of an operator of such school, waive such fifty per cent enrollment minimum for good cause.

(E) For the fiscal year ending June 30, 2015, and each fiscal year thereafter, each interdistrict magnet school operated by the board of governors for an independent institution of higher education, as defined in subsection (a) of § 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, that (i) began operations for the school year commencing July 1, 2014, (ii) enrolls less than sixty per cent of its students from Hartford pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, and (iii) enrolls students at least half-time, shall be eligible to receive a per pupil grant (I) equal to sixty-five per cent of the grant amount determined pursuant to subparagraph (D) of this subdivision for each student who is enrolled at such school for at least two semesters in each school year, and (II) equal to thirty-two and one-half per cent of the grant amount determined pursuant to subparagraph (D) of this subdivision for each student who is enrolled at such school for one semester in each school year.

(F) Each interdistrict magnet school operated by a local or regional board of education, pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, shall receive a per pupil grant for each enrolled student who is not a resident of the district in the amount of (i) twelve thousand dollars for the fiscal year ending June 30, 2010, (ii) thirteen thousand fifty-four dollars for the fiscal years ending June 30, 2011, to June 30, 2019, inclusive, and (iii) thirteen thousand three hundred fifteen dollars for the fiscal year ending June 30, 2020, and each fiscal year thereafter.

(G) In addition to the grants described in subparagraph (E) of this subdivision, for the fiscal year ending June 30, 2010, the commissioner may, subject to the approval of the Secretary of the Office of Policy and Management and the Finance Advisory Committee, established pursuant to § 4-93, provide supplemental grants to the Hartford school district of up to one thousand fifty-four dollars for each student enrolled at an interdistrict magnet school operated by the Hartford school district who is not a resident of such district.

(H) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, the half-day Greater Hartford Academy of the Arts interdistrict magnet school operated by the Capital Region Education Council shall be eligible to receive a per pupil grant equal to sixty-five per cent of the per pupil grant specified in subparagraph (A) of this subdivision.

(I) For the fiscal years ending June 30, 2016, to June 30, 2018, inclusive, the half-day Greater Hartford Academy of Mathematics and Science interdistrict magnet school operated by the Capitol Region Education Council shall be eligible to receive a per pupil grant equal to six thousand seven hundred eighty-seven dollars for (i) students enrolled in grades ten to twelve, inclusive, for the fiscal year ending June 30, 2016, (ii) students enrolled in grades eleven and twelve for the fiscal year ending June 30, 2017, and (iii) students enrolled in grade twelve for the fiscal year ending June 30, 2018. For the fiscal year ending June 30, 2016, and each fiscal year thereafter, the half-day Greater Hartford Academy of Mathematics and Science interdistrict magnet school shall not be eligible for any additional grants pursuant to subsection (c) of this section.

(4) For the fiscal years ending June 30, 2015, and June 30, 2016, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013. Approval of funding for enrollment above such enrollment level shall be prioritized by the department as follows: (A) Increases in enrollment in an interdistrict magnet school program that is adding planned new grade levels for the school years commencing July 1, 2015, and July 1, 2016; (B) increases in enrollment in an interdistrict magnet school program that added planned new grade levels for the school year commencing July 1, 2014, and was funded during the fiscal year ending June 30, 2015; (C) increases in enrollment in an interdistrict magnet school program that is moving into a permanent facility for the school years commencing July 1, 2014, to July 1, 2016, inclusive; (D) increases in enrollment in an interdistrict magnet school program to ensure compliance with subsection (a) of this section; and (E) new enrollments for a new interdistrict magnet school program commencing operations on or after July 1, 2014, pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(5) For the fiscal year ending June 30, 2017, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, or October 1, 2015, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department as follows: (A) Increases in enrollment in an interdistrict magnet school program that is adding planned new grade levels for the school years commencing July 1, 2015, and July 1, 2016; (B) increases in enrollment in an interdistrict magnet school program that added planned new grade levels for the school year commencing July 1, 2014, and was funded during the fiscal year ending June 30, 2015; (C) increases in enrollment in an interdistrict magnet school program that added planned new grade levels for the school year commencing July 1, 2015, and was funded during the fiscal year ending June 30, 2016; and (D) increases in enrollment in an interdistrict magnet school program to ensure compliance with subsection (a) of this section. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(6) For the fiscal year ending June 30, 2018, and within available appropriations, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, October 1, 2015, or October 1, 2016, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department and subject to the commissioner’s approval, including increases in enrollment in an interdistrict magnet school program as a result of planned and approved new grade levels. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(7) For the fiscal year ending June 30, 2019, and within available appropriations, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, October 1, 2015, October 1, 2016, or October 1, 2017, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department and subject to the commissioner’s approval, including increases in enrollment in an interdistrict magnet school program as a result of planned and approved new grade levels. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(8) For the fiscal year ending June 30, 2020, and within available appropriations, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, October 1, 2015, October 1, 2016, October 1, 2017, or October 1, 2018, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department and subject to the commissioner’s approval, including increases in enrollment in an interdistrict magnet school program as a result of planned and approved new grade levels. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(9) For the fiscal year ending June 30, 2021, and within available appropriations, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013, October 1, 2015, October 1, 2016, October 1, 2017, October 1, 2018, or October 1, 2019, whichever is lower. Approval of funding for enrollment above such enrollment level shall be prioritized by the department and subject to the commissioner’s approval, including increases in enrollment in an interdistrict magnet school program as a result of planned and approved new grade levels. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(10) Within available appropriations, the commissioner may make grants to the following entities that operate an interdistrict magnet school that assists the state in meeting its obligations pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner and that provide academic support programs and summer school educational programs approved by the commissioner to students participating in such interdistrict magnet school program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent institution of higher education, as defined in subsection (a) of § 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, (G) cooperative arrangements pursuant to § 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.

(11) Within available appropriations, the Commissioner of Education may make grants, in an amount not to exceed seventy-five thousand dollars, for start-up costs associated with the development of new interdistrict magnet school programs that assist the state in meeting its obligations pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, to the following entities that develop such a program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent institution of higher education, as defined in subsection (a) of § 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, (G) cooperative arrangements pursuant to § 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.

(12) In no case shall the total grant paid to an interdistrict magnet school operator pursuant to this section exceed the aggregate total of the reasonable operating budgets of the interdistrict magnet school programs of such operator, less revenues from other sources.

(d) (1) Grants made pursuant to this section, except those made pursuant to subdivision (7) of subsection (c) of this section and subdivision (2) of this subsection, shall be paid as follows: Seventy per cent not later than September first and the balance not later than May first of each fiscal year. The May first payment shall be adjusted to reflect actual interdistrict magnet school program enrollment as of the preceding October first using the data of record as of the intervening January thirty-first, if the actual level of enrollment is lower than the projected enrollment stated in the approved grant application. The May first payment shall be further adjusted for the difference between the total grant received by the magnet school operator in the prior fiscal year and the revised total grant amount calculated for the prior fiscal year in cases where the aggregate financial audit submitted by the interdistrict magnet school operator pursuant to subdivision (1) of subsection (n) of this section indicates an overpayment by the department. Notwithstanding the provisions of this section to the contrary, grants made pursuant to this section may be paid to each interdistrict magnet school operator as an aggregate total of the amount that the interdistrict magnet schools operated by each such operator are eligible to receive under this section. Each interdistrict magnet school operator may distribute such aggregate grant among the interdistrict magnet school programs that such operator is operating pursuant to a distribution plan approved by the Commissioner of Education.

(2) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, grants made pursuant to subparagraph (E) of subdivision (3) of subsection (c) of this section shall be paid as follows: Fifty per cent of the amount not later than September first based on estimated student enrollment for the first semester on September first, and another fifty per cent not later than May first of each fiscal year based on actual student enrollment for the second semester on February first. The May first payment shall be adjusted to reflect actual interdistrict magnet school program enrollment for those students who have been enrolled at such school for at least two semesters of the school year, using the data of record, and actual student enrollment for those students who have been enrolled at such school for only one semester, using data of record. The May first payment shall be further adjusted for the difference between the total grant received by the magnet school operator in the prior fiscal year and the revised total grant amount calculated for the prior fiscal year where the financial audit submitted by the interdistrict magnet school operator pursuant to subdivision (1) of subsection (n) of this section indicates an overpayment by the department.

(e) The Department of Education may retain up to one-half of one per cent of the amount appropriated, in an amount not to exceed five hundred thousand dollars, for purposes of this section for program evaluation and administration.

(f) Each local or regional school district in which an interdistrict magnet school is located shall provide the same kind of transportation to its children enrolled in such interdistrict magnet school as it provides to its children enrolled in other public schools in such local or regional school district. The parent or guardian of a child denied the transportation services required to be provided pursuant to this subsection may appeal such denial in the manner provided in sections 10-186 and 10-187.

(g) On or before October fifteenth of each year, the Commissioner of Education shall determine if interdistrict magnet school enrollment is below the number of students for which funds were appropriated. If the commissioner determines that the enrollment is below such number, the additional funds shall not lapse but shall be used by the commissioner for grants for interdistrict cooperative programs pursuant to § 10-74d.

(h) (1) In the case of a student identified as requiring special education, the school district in which the student resides shall: (A) Hold the planning and placement team meeting for such student and shall invite representatives from the interdistrict magnet school to participate in such meeting; and (B) pay the interdistrict magnet school an amount equal to the difference between the reasonable cost of educating such student and the sum of the amount received by the interdistrict magnet school for such student pursuant to subsection (c) of this section and amounts received from other state, federal, local or private sources calculated on a per pupil basis. Such school district shall be eligible for reimbursement pursuant to § 10-76g. If a student requiring special education attends an interdistrict magnet school on a full-time basis, such interdistrict magnet school shall be responsible for ensuring that such student receives the services mandated by the student’s individualized education program whether such services are provided by the interdistrict magnet school or by the school district in which the student resides.

(2) In the case of a student with a plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, the school district in which the student resides shall pay the interdistrict magnet school an amount equal to the difference between the reasonable cost of educating such student and the sum of the amount received by the interdistrict magnet school for such student pursuant to subsection (c) of this section and amounts received from other state, federal, local or private sources calculated on a per pupil basis. If a student with a plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, attends an interdistrict magnet school on a full-time basis, such interdistrict magnet school shall be responsible for ensuring that such student receives the services mandated by the student’s plan, whether such services are provided by the interdistrict magnet school or by the school district in which the student resides.

(i) Nothing in this section shall be construed to prohibit the enrollment of nonpublic school students in an interdistrict magnet school program that operates less than full-time, provided (1) such students constitute no more than five per cent of the full-time equivalent enrollment in such magnet school program, and (2) such students are not counted for purposes of determining the amount of grants pursuant to this section and § 10-264i.

(j) After accommodating students from participating districts in accordance with an approved enrollment agreement, an interdistrict magnet school operator that has unused student capacity may enroll directly into its program any interested student. A student from a district that is not participating in an interdistrict magnet school or the interdistrict student attendance program pursuant to § 10-266aa to an extent determined by the Commissioner of Education shall be given preference. The local or regional board of education otherwise responsible for educating such student shall contribute funds to support the operation of the interdistrict magnet school in an amount equal to the per student tuition, if any, charged to participating districts.

(k) (1) For the fiscal year ending June 30, 2014, and each fiscal year thereafter, any tuition charged to a local or regional board of education by a regional educational service center operating an interdistrict magnet school or any tuition charged by the Hartford school district operating the Great Path Academy on behalf of Manchester Community College for any student enrolled in kindergarten to grade twelve, inclusive, in such interdistrict magnet school shall be in an amount equal to the difference between (A) the average per pupil expenditure of the magnet school for the prior fiscal year, and (B) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. If any such board of education fails to pay such tuition, the commissioner may withhold from such board’s town or towns a sum payable under § 10-262i in an amount not to exceed the amount of the unpaid tuition to the magnet school and pay such money to the fiscal agent for the magnet school as a supplementary grant for the operation of the interdistrict magnet school program. In no case shall the sum of such tuitions exceed the difference between (i) the total expenditures of the magnet school for the prior fiscal year, and (ii) the total per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources. The commissioner may conduct a comprehensive financial review of the operating budget of a magnet school to verify such tuition rate.

(2) (A) For the fiscal years ending June 30, 2013, and June 30, 2014, a regional educational service center operating an interdistrict magnet school offering a preschool program that is not located in the Sheff region may charge tuition to the Department of Education for a child enrolled in such preschool program in an amount not to exceed an amount equal to the difference between (i) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (ii) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate. For purposes of this subdivision, “Sheff region” means the school districts for the towns of Avon, Bloomfield, Canton, East Granby, East Hartford, East Windsor, Ellington, Farmington, Glastonbury, Granby, Hartford, Manchester, Newington, Rocky Hill, Simsbury, South Windsor, Suffield, Vernon, West Hartford, Wethersfield, Windsor and Windsor Locks.

(B) For the fiscal year ending June 30, 2015, a regional educational service center operating an interdistrict magnet school offering a preschool program that is not located in the Sheff region may charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount that is in accordance with the sliding tuition scale adopted by the State Board of Education pursuant to § 10-264p. The Department of Education shall be financially responsible for any unpaid portion of the tuition not charged to such parent or guardian under such sliding tuition scale. Such tuition shall not exceed an amount equal to the difference between (i) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (ii) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.

(C) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, a regional educational service center operating an interdistrict magnet school offering a preschool program that is not located in the Sheff region shall charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount up to four thousand fifty-three dollars, except such regional educational service center shall not charge tuition to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The Department of Education shall, within available appropriations, be financially responsible for any unpaid tuition charged to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.

(l) A participating district shall provide opportunities for its students to attend an interdistrict magnet school in a number that is at least equal to the number specified in any written agreement with an interdistrict magnet school operator or in a number that is at least equal to the average number of students that the participating district enrolled in such magnet school during the previous three school years.

(m) (1) On or before May 15, 2010, and annually thereafter, each interdistrict magnet school operator shall provide written notification to any school district that is otherwise responsible for educating a student who resides in such school district and will be enrolled in an interdistrict magnet school under the operator’s control for the following school year. Such notification shall include (A) the number of any such students, by grade, who will be enrolled in an interdistrict magnet school under the control of such operator, (B) the name of the school in which such student has been placed, and (C) the amount of tuition to be charged to the local or regional board of education for such student. Such notification shall represent an estimate of the number of students expected to attend such interdistrict magnet schools in the following school year, but shall not be deemed to limit the number of students who may enroll in such interdistrict magnet schools for such year.

(2) For the school year commencing July 1, 2015, and each school year thereafter, any interdistrict magnet school operator that is a local or regional board of education and did not charge tuition to a local or regional board of education for the school year commencing July 1, 2014, may not charge tuition to such board unless (A) such operator receives authorization from the Commissioner of Education to charge the proposed tuition, and (B) if such authorization is granted, such operator provides written notification on or before September first of the school year prior to the school year in which such tuition is to be charged to such board of the tuition to be charged to such board for each student that such board is otherwise responsible for educating and is enrolled at the interdistrict magnet school under such operator’s control. In deciding whether to authorize an interdistrict magnet school operator to charge tuition under this subdivision, the commissioner shall consider (i) the average per pupil expenditure of such operator for each interdistrict magnet school under the control of such operator, and (ii) the amount of any per pupil state subsidy and any revenue from other sources received by such operator. The commissioner may conduct a comprehensive financial review of the operating budget of the magnet school of such operator to verify that the tuition is appropriate. The provisions of this subdivision shall not apply to any interdistrict magnet school operator that is a regional educational service center or assisting the state in meeting its obligations pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education.

(3) Not later than two weeks following an enrollment lottery for an interdistrict magnet school conducted by a magnet school operator, the parent or guardian of a student (A) who will enroll in such interdistrict magnet school in the following school year, or (B) whose name has been placed on a waiting list for enrollment in such interdistrict magnet school for the following school year, shall provide written notification of such prospective enrollment or waiting list placement to the school district in which such student resides and is otherwise responsible for educating such student.

(n) (1) Each interdistrict magnet school operator shall annually file with the Commissioner of Education, at such time and in such manner as the commissioner prescribes, (A) a financial audit for each interdistrict magnet school operated by such operator, and (B) an aggregate financial audit for all of the interdistrict magnet schools operated by such operator.

(2) Annually, the commissioner shall randomly select one interdistrict magnet school operated by a regional educational service center to be subject to a comprehensive financial audit conducted by an auditor selected by the commissioner. The regional educational service center shall be responsible for all costs associated with the audit conducted pursuant to the provisions of this subdivision.

(o) For the school years commencing July 1, 2009, to July 1, 2018, inclusive, any local or regional board of education operating an interdistrict magnet school pursuant to the decision in Sheff v. O’Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, shall not charge tuition for any student enrolled in a preschool program or in kindergarten to grade twelve, inclusive, in an interdistrict magnet school operated by such school district, except the Hartford school district may charge tuition for any student enrolled in the Great Path Academy.

(p) (1) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, if the East Hartford school district or the Manchester school district has greater than four per cent of its resident students, as defined in § 10-262f, enrolled in an interdistrict magnet school program, then the board of education for the town of East Hartford or the town of Manchester shall not be financially responsible for four thousand four hundred dollars of the portion of the per student tuition charged for each such student in excess of such four per cent. The Department of Education shall, within available appropriations, be financially responsible for such excess per student tuition. Notwithstanding the provisions of this subsection, for the fiscal year ending June 30, 2023, and each fiscal year thereafter, the amount of the grants payable to the boards of education for the towns of East Hartford and Manchester in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this subsection.

(2) For the fiscal year ending June 30, 2023, if the local or regional board of education for (A) a town located in the Sheff region, as defined in subsection (k) of this section, other than a local board of education described in subdivision (1) of this subsection, (B) the town of New Britain, and (C) the town of New London, has greater than four per cent of its resident students, as defined in § 10-262f, enrolled in an interdistrict magnet school program, then such board of education shall not be financially responsible for four thousand four hundred dollars of the portion of the per student tuition charged for each such student in excess of such four per cent. The Department of Education shall, within available appropriations, be financially responsible for such excess per student tuition. Notwithstanding the provisions of this subsection, for the fiscal year ending June 30, 2023, the amount of the grants payable to any such board of education in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount allocated for said year in accordance with the provisions of special act 21-1, from the federal funds designated for the state pursuant to the provisions of section 602 of Subtitle M of Title IX of the American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to time, for purposes of this subsection.