ECS
From the ECS State Policy Database
2001 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2001. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
+ Accountability
+ Accountability--Accreditation
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Rewards
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--No Pass No Drive
+ Accountability--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--End-of-Course
+ Assessment--Formative/Interim
+ Assessment--High Stakes/Competency
+ Assessment--Legal Issues
+ At-Risk (incl. Dropout Prevention)
+ At-Risk (incl. Dropout Prevention)--Alternative Education
+ At-Risk (incl. Dropout Prevention)--Drugs/Alcohol
+ Attendance
+ Attendance--Compulsory
+ Background Checks
+ Bilingual/ESL
+ Career/Technical Education
+ Cheating
+ Choice of Schools--Charter Schools
+ Choice of Schools--Charter Schools--Closings
+ Choice of Schools--Charter Schools--Finance
+ Choice of Schools--Charter Schools--Research
+ Choice of Schools--Choice/Open Enrollment
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Arts Education
+ Curriculum--Drivers Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
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+ Governance
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+ Governance--Ethics/Conflict of Interest
+ Governance--School Boards
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+ High School
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+ Integrated Services/Full-Service Schools
+ Leadership
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+ Leadership--Principal/School Leadership--Evaluation and Effectiveness
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+ Middle School
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+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ No Child Left Behind--Adequate Yearly Progress
+ No Child Left Behind--Assessment
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+ No Child Left Behind--Report Cards
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+ Online Learning--Digital/Blended Learning
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+ P-16 or P-20
+ P-3
+ P-3 Child Care
+ P-3 Early Intervention (0-3)
+ P-3 Ensuring Quality
+ P-3 Family Involvement
+ P-3 Finance
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+ P-3 Grades 1-3
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+ Postsecondary
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+ Postsecondary Faculty
+ Postsecondary Faculty--Compensation
+ Postsecondary Faculty--Tenure
+ Postsecondary Finance
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+ Postsecondary Institutions--Community/Technical Colleges
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+ Postsecondary Online Instruction
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+ School Safety
+ School Safety--Bullying Prevention/Conflict Resolution
+ School Safety--Corporal Punishment
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+ School Safety--Special Education
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+ School/District Structure/Operations
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+ School/District Structure/Operations--Facilities
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+ School/District Structure/Operations--Libraries
+ School/District Structure/Operations--Personnel (Non-Teaching)
+ School/District Structure/Operations--School Size
+ School/District Structure/Operations--Shared Services
+ School/District Structure/Operations--Transportation
- Special Education
CASigned into law 10/2001P-12Chapter No.736, Authorizes a school district, special education local plan area or county office of education to reinforce braille instruction using a braille instructional aide who meets certain criteria, under specific supervision. Deletes the provision that requires a publisher or manufacturer of instructional materials to provide computer diskette versions of printed material if made available to any other state. Requires certain versions of such material to be made available under certain conditions.
Title: A.B. 306
Source: Lexis-Nexis/StateNet

NYSigned into law 10/2001P-12Requires every school district and board of cooperative educational services to develop a plan to ensure that all instructional materials to be used in the schools of the district are available in a usable alternative format for every disabled student; defines alternative format to include braille, large print, open and closed captioned, audio, or electronic file in an approved format.
Title: A.B. 7926
Source: Lexis-Nexis/StateNet

CASigned into law 08/2001P-12Chapter No.215. Deletes the prohibition against reimbursement by the State for special education and related services provided by a nonpublic, nonsectarian school by an individual who is or was an employee of a contracting local educational entity within the last 365 days, but would not delete the prohibition as it applies to nonpublic, nonsectarian agencies.
Title: A.B. 992
Source: Lexis-Nexis/StateNet

NJSigned into law 07/2001P-12Permits jointure commissions to provide services to school districts including, education of disabled pupils; states when 2 or more boards of education determine to carry out jointly the duties imposed upon them in regard to education and training of disabled pupils and counseling, inclusionary, and child study team services for disabled pupils, the board may, in accordance to rules of the state board and the commissioner establish a joint commission to provide such services.
Title: S.B. 986
Source: Lexis-Nexis/StateNet

ORSigned into law 07/2001P-12Establishes a task force on special education and school finance; charges said task force with studying and delivery of financing of instruction for students with disabilities receiving special education and related services.
Title: H.B. 2598
Source: http://www.leg.state.or.us/01reg/measures/hb2500.dir/hb2598.en.html

ILSigned into law 06/2001P-12Amends the School Code; provides that school social work services may include assisting in completing a functional behavioral assessment, as well as assisting in the development of positive behavioral intervention strategies; provides that other certified professionals may provide those school social work services for which they are appropriately trained in accordance with the State Board of Education's Content Area Standards for School Service Personnel.
Title: S.B. 116
Source: Lexis-Nexis/StateNet

NJSigned into law 06/2001P-12Provides that State funds to provide special education and related services to students enrolled in nonpublic schools may not be included by a school district in the calculation of the minimum funding requirements for nonpublic school students under the Individuals with Disabilities Education Act (IDEA), and that nonpublic school students must receive their proportionate share of Federal funds made available through IDEA.
Title: S.B. 2167
Source: Lexis-Nexis/StateNet

TNBecame law without governor's signature 06/2001P-12Relates to Congress; urges fully funding federal commitment to Individual with Disabilities Education Act (IDEA).
Title: S.J.R. 239
Source: Lexis-Nexis/StateNet

TNSigned into law 06/2001P-12Limits age ranges of instructional groups to range to a maximum of 36 months for special education purposes; requires state board of education to set class size standards and case load standards for instructional personnel; severity of disability is to be a weighing factor.
Title: S.B. 733
Source: http://www.legislature.state.tn.us

FLSigned into law 05/2001Postsec.2001-82., Creates the John M. McKay Scholarships for Students with Disabilities Program; provides for eligibility; establishes obligations of school districts and the Department of Education; establishes criteria for private school eligibility; establishes obligations of program participants; provides for funding and payment; limits liability of the state; authorizes the State Board of Education to adopt rules.
Title: S.B. 1180
Source: Lexis-Nexis/StateNet

HISigned into law 05/2001P-12Appropriates $ 27,931,118 to the Department of Education as an emergency appropriation for special education costs as a result of the Felix consent decree. This was a result of the Felix v. Cayetano case.
Title: S.B. 1084
Source: Lexis-Nexis/StateNet

HISigned into law 05/2001P-12Makes an appropriation for teachers to teach blindness skills to individuals 55 and older with severe visual impairment or blindness.
Title: H.B. 429
Source: Lexis-Nexis/StateNet

KYSigned into law 05/2001P-12Relates to exceptional children and youth; clarifies a change in educational placement occurs if, due to a suspension, an exceptional child is removed for more than 10 consecutive days during a school year or the child is subjected to a series of removals that constitute a pattern because of the number of days the child is being removed or other factors.
Title: S.B. 64
Source: Lexis-Nexis/StateNet

LASigned into law 05/2001P-12Provides procedural safeguards with respect to children with exceptionalities; to provide relative to procedures for hearings and appeals regarding the provision of special education and related services to such children; to provide certain time limitations for such hearings and appeals; and to provide for related matters.
Title: H.B. 489
Source: Lexis-Nexis/StateNet

MESigned into law 05/2001P-12Resolve No. 9., (LD 22) Provides for legislative review of the regulations of the Department of Education governing timeout rooms, therapeutic restraints and aversives in public schools and approved private schools.
Title: H.B. 22
Source: Lexis-Nexis/StateNet

MSSigned into law 05/2001P-12Relates to the education of exceptional children; defines certain terms relating to the education of such children; requires the state to provide full educational opportunities to all children with disabilities from birth to 21 years of age by the year 2005; requires notice to parents when educational agencies contract for the assessment of a child; revises complaint procedures; provides for mediation and due process hearings; establishes the State Advisory Committee.
Title: S.B. 2633
Source: Lexis-Nexis/StateNet

MSSigned into law 05/2001P-12Authorizes the State Board of Education to develop and issue criteria for an occupational diploma for students with disabilities.
Title: S.B. 2578
Source: Lexis-Nexis/StateNet

NESigned into law 05/2001P-12Section 37 of LB 797 allows Class I school districts to amend the general fund budget of expenditures after October 15th of each year for special education expenditures, special grant funds received or for current fiscal year expenditures that board deems essential that could not reasonably have been anticipated at the time the budget was adopted. These amendments can be done without the approval of the school boards of the high school districts or districts with which the Class I is affiliated. Approval of budget amendments is now required by the high school or affiliated district boards. This change may result in increased spending by a Class I school district, which may result in a minimal increase in state aid paid in the future (from Fiscal Note).
Title: LB 797
Source: Nebraska Legislative Web Site

TNSigned into law 05/2001P-12Urges the President and the United states Congress to increase federal funds for special education to the share level authorized by the Individual with Disabilities Act.
Title: H.J.R. 151
Source: Lexis-Nexis/StateNet

TXBecame law without governor's signature 05/2001P-12Requires the commissioner to adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student receiving special education services. Prohibits putting students in seclusion (a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique).
Title: S.B. 1196
Source: http://www.house.state.tx.us/

TXSigned into law 05/2001P-12Any disciplinary action regarding a student with disabilities that would constitute a change in placement under federal law may only occur after a manifestation determination review has been conducted by the student's admission, review, and dismissal committee. All disciplinary actions regarding a student with a
disability who receives special education services shall be determined in accordance with federal law and regulations, including the provision of functional behavioral assessments; positive behavioral interventions, strategies, and supports; behavioral intervention plans; and the manifestation determination review. A teacher in a disciplinary alternative education program who has a special education assignment must hold an appropriate certificate or permit for that assignment. Full text: http://www.ecs.org/html/offsite.asp?document=http://www.senate.state.tx.us/
Title: S.B. 1735
Source: http://www.senate.state.tx.us/

TXSigned into law 05/2001P-12From bill analysis: The number of special education students included in the mainstream classroom has steadily increased over the last twenty-five years. Many teachers in the regular classroom have at least one special education student in their classes, yet many of those teachers receive little, if any, training on instructing children with disabilities. The requirements and regulations accompanying the individualized education and behavior management plans associated with these students can be complicated and difficult to implement. A teacher who is trained to understand effective methods of reaching disabled students will be more capable of serving both regular education and special education students in the classroom. S.B. 1727 requires a school district's staff development to include training that relates to instruction of students with disabilities and is designed for educators who work primarily outside of the area of special education.
Title: S.B. 1727
Source: Senate Research Center

VTSigned into law 05/2001P-12Relates to special education services cost sharing; states the Commissioner of Education and the Secretary of Human Services shall present to the House and Senate committees on education and health and welfare a draft of an agreement to shift a portion of special education costs to the Agency of Human Services starting in 2003; states the agreement shall identify services paid for by school districts and those paid for by human services; provides for revision and presentation.
Title: H.B. 499
Source: Lexis-Nexis/StateNet

MDSigned into law 04/2001P-12Alters the conditions under which a county board is not required to reimburse a parent or guardian for certain tuition or related costs for enrollment of a student with a disability in a nonpublic school; requires the parent of a child with a disability to give certain notice under certain circumstances; authorizes a hearing officer or court to require reimbursement in certain cases.
Title: H.B. 248
Source: Lexis-Nexis/StateNet

MNSigned into law 04/2001P-12, Memorializes the President and Congress to carry through their pledge to fund 40 percent of special education costs.
Title: S.B. 647
Source: Lexis-Nexis/StateNet

MTSigned into law 04/2001P-12Amends the definition of base aid to include a percentage of the special education allowable cost payment; amends definition of maximum general fund budget to increase the special education allowable cost payment component.
Title: S.B. 94
Source: Lexis-Nexis/StateNet

NDSigned into law 04/2001P-12Relates to elementary and secondary education provisions addressed in the creation of North Dakota Century Code; relates to administration, boards, teacher licenses; school guidance and counseling services; special education; vocational and technology education; school finance; transportation.
Title: H.B. 1045
Source: Lexis-Nexis/StateNet

NDSigned into law 04/2001P-12"Student with disabilities" means an individual who is at least three years of age but who
has not reached the age of twenty-one before September first of the year in which the
individual turns twenty-one and who because of mental, physical, emotional, or learning
characteristics requires regular or special education and related services designed to meet
the individual's educational needs. The term includes an individual mental retardation,
hearing impairment, deafness, deafness-blindness, a speech or language impairment, a
visual impairment, emotional disturbance, an orthopedic impairment, or autism, and an
individual who has a specific learning disability, a traumatic brain injury, or other health
impairment. The term does not include an individual who is at least eighteen but not yet
twenty-one years of age and incarcerated in an adult correction facility unless, in the
individual's last educational placement prior to incarceration, the individual was identified
as being a student with a disability and had an individualized education program or
services plan.
Title: H.B. 1142
Source: http://www.state.nd.us/lr

NMVetoed 04/2001P-12Senate Bill 432 amends the Public School Code as follows: Creates an Office of Medicaid in the Schools in the state department. Creates a Medicaid in the Schools Advisory Council. Transfers Personnel, budgets funds, appropriations, records, contracts, equipment and other property of the Human Services Department (HSD) used to administer the Medicaid in the Schools Program to the State department.
Title: S.B. 432
Source: New Mexico Legislative Web Site

ORSigned into law 04/2001P-12Directs the Department of Education to bill resident school district for children who receive certain special education services.
Title: S.B. 264
Source: Lexis-Nexis/StateNet

ARSigned into law 03/2001P-12Provides instructional materials to disabled students in a format that is compatible with commonly used braille translation and speech synthesis software.
Title: S.B. 537
Source: Lexis-Nexis/StateNet

AZSigned into law 03/2001P-12Relates to special education; permits adult disabled pupils to execute a delegation of rights regarding their education.
Title: H.B. 2379
Source: Lexis-Nexis/StateNet

MTSigned into law 03/2001P-12Revises the special education funding formula to establish fixed limits for distribution of the state's total special education allocation; limiting distribution of the total allocation to 52.5 percent for instructional block grants, 25 percent for reimbursement of districts whose special education costs exceed the related services block grant plus the required district match, 17.5 percent to related services block grants, and 5 percent for special education cooperative and joint board administration and travel; eliminating the requirement to distribute to districts pro rata shares of available special education appropriations when total special education costs exceed legislative appropriations; amending sections 20-7-431 and 20-9-321, MCA; and providing an effective data and an applicability date.
Title: H.B. 160
Source: Lexis-Nexis/StateNet

ORSigned into law 03/2001P-12Directs Department of Education to recover costs of certain special education programs from State School Fund.
Title: S.B. 253
Source: Lexis-Nexis/StateNet

SDSigned into law 03/2001P-12Expands the uses of the Special Education Extraordinary Cost Fund.
Title: S.B. 60
Source: Lexis-Nexis/StateNet

SDSigned into law 02/2001P-12Revises school district residency for the purposes of special education; revises the distribution of state aid to special education.
Title: S.B. 145
Source: Lexis-Nexis/StateNet

VASigned into law 02/2001P-12Relates to publication of procedure for changing special education placements. Directs the Board of Education to publicize and disseminate, to parents of students who are enrolled in special education programs or for whom a special education placement has been recommended, information regarding current federal law and regulation addressing procedures and rights related to the placement and withdrawal of children in special education. Pursuant to a second enactment, the Superintendent of Public Instruction must apprise local school boards of the provisions of this act by Superintendent's Administrative Memorandum no later than 30 days after its enactment.
Title: H.B. 1226
Source: http://senate.state.va.us

WYSigned into law 02/2001P-12Relates to preschool education for children with disabilities; modifies the distribution of federal funds available to the state for preschool special education programs as specified.
Title: H.B. 23
Source: Lexis-Nexis/StateNet

+ Special Education--Finance
+ Special Education--Inclusion (Mainstreaming)
+ Special Education--Placement
+ Special Education--Transition
+ Special Populations--Corrections Education
+ Standards
+ Standards--Implementation
+ State Longitudinal Data Systems
+ State Policymaking
+ Student Achievement
+ Student Achievement--Closing the Achievement Gap
+ Student Supports--Counseling/Guidance
+ Student Supports--Mentoring/Tutoring
+ Student Supports--Remediation
+ Students
+ Students--Athletics/Extracurricular Activities
+ Students--Records/Rights
+ Teaching Quality
+ Teaching Quality--Certification and Licensure
+ Teaching Quality--Certification and Licensure--Alternative
+ Teaching Quality--Certification and Licensure--Assignment
+ Teaching Quality--Certification and Licensure--Highly Qualified Teachers
+ Teaching Quality--Certification and Licensure--Natl. Bd. for Prof. Teach. Stds.
+ Teaching Quality--Certification and Licensure--Special Education
+ Teaching Quality--Certification and Licensure--State Prof. Standards Bds.
+ Teaching Quality--Certification and Licensure--Substitute Teachers
+ Teaching Quality--Compensation and Diversified Pay
+ Teaching Quality--Compensation and Diversified Pay--Pay-for-Performance
+ Teaching Quality--Compensation and Diversified Pay--Retirement/Benefits
+ Teaching Quality--Evaluation and Effectiveness
+ Teaching Quality--Induction Programs and Mentoring
+ Teaching Quality--Preparation
+ Teaching Quality--Professional Development
+ Teaching Quality--Recruitment and Retention
+ Teaching Quality--Recruitment and Retention--At-Risk Schools
+ Teaching Quality--Reduction in Force
+ Teaching Quality--Teacher Rights
+ Teaching Quality--Tenure or Continuing Contract
+ Teaching Quality--Unions/Collective Bargaining
+ Technology
+ Technology--Devices/Software/Hardware
+ Technology--Equitable Access
+ Technology--Funding Issues
+ Technology--Teacher/Faculty Training
+ Textbooks and Open Source
+ Urban