The Legislation Below is the original text of Public Act 97-290 the legislation that created the Open Choice Program. The act has had subsequent amendments which can be accessed through the web site of the Connecticut Legislature.

PUBLIC ACT NO. 97-290 AN ACT ENHANCING EDUCATIONAL CHOICES AND OPPORTUNITIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Sec. 3. (NEW) (a) As used in this section: (1) "Receiving district" means any school district that accepts students under the program established pursuant to this section; and (2) "Sending district" means any school district which sends students it would otherwise be legally responsible for educating to another school district under the program. (b) There is established, within available appropriations, a state-wide interdistrict public school attendance program. The purpose of the program shall be to: (1) Improve academic achievement; (2) reduce racial, ethnic and economic isolation or preserve racial and ethnic balance; and (3) provide a choice of educational programs for students. (c) The program shall be phased in as provided in this subsection. (1) For the fiscal year ending June 30, 1998, the Department of Education shall provide grants in the amount of fifty thousand dollars each to the regional educational service centers for the Hartford, New Haven and Bridgeport regions to assist school districts in planning for the operation of the program. (2) For the school year commencing in 1998, and for each school year thereafter, the program shall be in operation in the Hartford, New Haven and Bridgeport regions. Students who reside in Hartford, New Haven or Bridgeport may attend school in another school district in the region and students who reside in such other school districts may attend school in Hartford, New Haven or Bridgeport. The Department of Education shall provide, within available appropriations, a grant for the fiscal year ending June 30, 1999, to the remaining regional educational service centers to assist school districts in planning for the expansion of the program to every school district in the state. (3) For the school year commencing in 1999, and for each school year thereafter, the program shall be in operation in every school district in the state and students may attend school in any school district in accordance with the provisions of this section, including the purposes specified in subsection (b) of this section. (d) Once the program is in operation in the region served by a regional educational service center pursuant to subsection (c) of this section, the Department of Education shall provide, annually, a grant in the amount of one hundred thousand dollars to such a regional educational service center to assist school districts in its area in administering the program. Each regional educational service center shall convene a meeting of representatives of the school districts in its area in order for school districts to report the number of spaces available for out-of-district students under the program. If there are more students who seek to attend school in a receiving district than there are spaces available, the regional educational service center shall assist the school district in determining attendance by the use of a lottery or lotteries designed to preserve or increase racial, ethnic and economic diversity, except that the regional educational service center shall give preference to siblings and to students who would otherwise attend a school that has lost its accreditation by the New England Association of Schools and Colleges. The admission policies shall be consistent with section 10-15c of the general statutes. No receiving district shall recruit students under the program for athletic or extracurricular purposes. Each receiving district shall allow an out-of-district student it accepts to complete the highest grade in the school he is attending under the program established pursuant to this section. (e) The Department of Education shall provide, within available appropriations, grants to regional educational service centers or local or regional boards of education for the reasonable cost of transportation for students participating in the program, provided such grants do not exceed an amount equal to one thousand dollars for each student transported. The regional education service centers shall ensure that transportation is available for students who wish to participate in after-school activities. (f) The Department of Education shall provide, within available appropriations, an annual grant to each receiving district in an amount not to exceed two thousand dollars for each out-of-district student who attends school in the receiving district under the program provided, for the fiscal year ending June 30, 1999, the combined total of students in the program and the program established pursuant to section 10-266j of the general statutes, as amended by section 5 of this act, shall not exceed one thousand students. (g) Notwithstanding any provision of chapter 172 of the general statutes, each sending district and each receiving district shall divide the number of children participating in the program who reside in such district or attend school in such district by two for purposes of the counts for subdivision (22) of section 10-262f of the general statutes, as amended by section 24 of this act, and subdivision (2) of subsection (a) of section 10-261 of the general statutes, as amended by section 25 of this act, but shall not count such children for the purposes of any other count under said sections 10-262f and 10-261. (h) In the case of an out-of-district student who requires special education and related services, the sending district shall pay the receiving district an amount equal to the difference between the reasonable cost of providing such special education and related services to such student and the amount received by the receiving district pursuant to subdivision (f) of this section. The sending district shall be eligible for reimbursement pursuant to section 10-76g of the general statutes. (i) Nothing in this section shall prohibit school districts from charging tuition to other school districts that do not have a high school pursuant to section 10-33 of the general statutes.