ECS
From the ECS State Policy Database
2002 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 2002. 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--NAEP (NAEP Results and NAEP Organization)
+ At-Risk (incl. Dropout Prevention)
+ At-Risk (incl. Dropout Prevention)--Alternative Education
+ At-Risk (incl. Dropout Prevention)--Drugs/Alcohol
+ Attendance
+ Attendance--Truancy
- Background Checks
NJSigned into law 12/2002P-12Provides for notification of charges pending for a disqualifying crime or offense against a public or nonpublic school employee or school bus driver who has previously undergone a criminal history background check.
Title: S.B. 1709
Source: StateNet

OKEmergency Rule Adoption 12/2002P-12Establishes emergency rules regarding teacher education and certification. Changes rules to require all first-time Oklahoma teachers to have on file with the State Board of Education a current Oklahoma criminal history and a national fingerprint-based criminal history record provided by the FBI. OKLAHOMA REG 12687 (SN)
Title: OAC 210:209-9-91
Source: StateNet

MASigned into law 11/2002P-12Defines enticement. Requires any organization offering activities or programs to children age 18 or younger and that uses volunteers to obtain all available criminal offender record information from the criminal history systems board before accepting the individual as a volunteer. Any company providing student transportation services must give the appropriate school board or superintendent names of any employees who may have direct, unmonitored contact with children, so that the board or superintendent may obtain background check information. Also requires local board and superintendent as well as principal of public or accredited private school to have access to and obtain all available criminal offender record information from the criminal history systems board for any current or prospective employee or volunteer in the district who may have direct, unmonitored contact with children, including transportation personnel. The local board, superintendent or principal must obtain all available information on all existing employees or volunteers at least every three years. The local board, superintendent or principal must also have access to all criminal offender record information for any subcontractor or laborer working on school grounds and who may have direct, unmonitored contact with children. http://www.state.ma.us/legis/laws/seslaw02/sl020385.htm
Title: S.B. 2436
Source: www.magnet.state.ma.us/legis

MTRule Adoption 11/2002P-12Establishes rules regarding criminal history background check, substitute teachers, teacher license classification, definition of 'immoral conduct', investigation, and reporting of the surrender, denial, revocation or suspension of a license. Addresses accreditation, teacher certification, hearing procedures, and repeal of ARM 10.57.103 thru .407 relating to teacher certification.
Title: ARM New Rule I thru III, XXVIII, XXIX, XXX, XXXI; 10.55.602 thru .710 (non-seq); 10.57.101 thru .801 (non-seq.); Repeal 10.57.103 thru .406 (non-seq); New Rule I/Criminal History Background Check
Source: StateNet

UTAdopted 09/2002P-12Provides procedures and an appeals process for an individual seeking a Utah educator license for the first time. Provides for submission of information, including a background check, evaluation of materials. UTAH REG 25222 (SN)
Title: R686-104
Source: StateNet

AZSigned into law 08/2002P-12Requires that upon the conviction of a person of an offense in this title or of any felony, if the person is teaching in a charter school, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion is filed, shall be sent by the clerk of the court, or by the magistrate, to the charter school. Requires anyone wishing to open a charter school and who will have direct contact with students to possess a valid Class 1 or Class 2 fingerprint clearance card. Requires all classroom teachers, supervisory teachers, speech therapists and principals in charter schools to have a valid Class 1 or Class 2 fingerprint clearance card issued by the state. Prohibits a charter school from employing a teacher whose certificate has been revoked for specified offenses or for any offense that placed a student in danger. Requires all other charter school staff to be fingerprint checked. Requires that before employment, the charter school must make a documented good faith effort to communicate with former employers of an individual to obtain information and recommendations relevant to an individual's suitability for employment. Requires the charter school to notify the Department of Public Safety if the charter school or sponsor obtains credible evidence that a person in possession of a valid Class 1 or Class 2 fingerprint clearance card is arrested for or charged with specified offenses. http://www.azleg.state.az.us/legtext/45leg/5s/bills/sb1008s.htm
Title: S.B. 1008E
Source: www.azleg.state.az.us

COSigned into law 06/2002P-12Expands inquiry process at nonpublic schools from applicants to include employees of such schools. If nonpublic school employee is subject of inquiry, he/she must submit a complete set of his/her fingerprints to the governing board of the school. Requires department to forward nonpublic school employee fingerprints to state bureau of investigation for completion of state and national criminal history record check. Department is designated as authorized agency to receive and disseminate information concerning the results of a national criminal background check of nonpublic school employee, and department must inform the governing board whether the background check has confirmed any conviction, plea of no contest, deferred sentence or deferred prosecution. Expands requirement beyond misdemeanor to add that when there is good cause to believe a nonlicensed staff member of a school district has been convicted of a felony or misdemeanor other than a misdemeanor traffic offense or traffic infraction, the district must require such person to provide the district with a complete set of his/her fingerprints within 20 days of receipt of written notification from the district. Eliminates phrase that this requirement shall apply to only those personnel employed by the district since January 1, 1991. Eliminates language exempting from this requirement any person who has submitted fingerprints to any Colorado school district in the two-year period immediately preceding date of receipt of written notification requesting fingerprints and who has given written consent to the transfer of copies of previously submitted fingerprints to the requesting district. http://www.leg.state.co.us/2002a/inetcbill.nsf/fsbillcont/06A41A17C4F3B75587256B3D00642F0C?Open&file=1459_enr.pdf
Title: H.B. 1459
Source: http://www.leg.state.co.us

RITo governor 06/2002P-12This act would permit an applicant for employment with a private school or public school department to apply for a national and state criminal records check with the state police or their local police department. Such applicants are now required to apply to the bureau of criminal identification or the department of attorney general. This act would take effect upon passage.
Title: S.B. 2468
Source: Lexis-Nexis/StateNet

RITo governor 06/2002P-12Requires applicants for employment with a school to apply to local state police and state police departments as well as the Bureau of Criminal Investigations of the Attorney General. This act would take effect upon passage.
Title: H.B. 7143
Source: Lexis-Nexis/StateNet

TNSigned into law 06/2002P-12Prohibits issuance of certificate to drive school bus in this state if applicant has been convicted of driving under the influence, vehicular homicide, or aggravated vehicular assault within 5 years of application for certificate.
Title: H.B. 2106
Source: Lexis-Nexis/StateNet

MNSigned into law 05/2002P-12Provides employer immunity for reference checks for residential service and programs for children, juveniles, and persons with developmental disabilities; includes personal care provider organizations, day training and habilitation services, and board and lodging facilities. Requires school district or charter school to disclose private personnel data on a current or former employee related to documented violence toward or sexual contact with a student. http://www.revisor.leg.state.mn.us/cgi-bin/bldbill.pl?bill=H3092.4&session=ls82
Title: H.B. 3092
Source: www.revisor.leg.state.mn.us

ALSigned into law 04/2002P-12Amends the State Child Protection Act; subjects all employees with unsupervised access to children in an education setting to criminal history background information checks; provides for check procedure; allows checks to be performed on current employees, contingent on certain funding requirements.http://alisdb.legislature.state.al.us/acas/searchableinstruments/2002rs/bills/sb21.htm
Title: S.B. 21
Source: alisdb.legislature.state.al.us

GASigned into law 04/2002P-12Modifies language relating to teachers certified by the National Board for Professional Teaching Standards. Modifies language relating to duties, membership, compensation and preliminary investigations of violations by the Professional Standards Commission. Permits the Professional Standards Commission to access criminal histories of educators through the Georgia Crime Information Center and the National Crime Information Center. http://www.legis.state.ga.us/Legis/2001_02/fulltext/sb368.htm
Title: S.B. 368
Source: www.legis.state.ga.us

IASigned into law 04/2002P-12Expands the board of educational examiners' authority with regard to licensee disciplinary investigations and proceedings.
Title: H.B. 2482
Source: Lexis-Nexis/StateNet

KYSigned into law 04/2002P-12Permits nonpublic schools that have voluntarily been certified by the Board of Education to conduct national and state criminal background checks on new certified hires. http://www.lrc.state.ky.us/record/02rs/HB595/bill.doc
Title: H.B. 595
Source: Lexis-Nexis/StateNet

KYSigned into law 04/2002P-12Requires all new applicants and persons initially renewing a commercial drivers license (CDL) to undergo a criminal background check; allows a person who is not a resident to be issued a CDL instruction permit and CDL if the person is enrolled in a truck driving program; provides that nonresidents are issued a provisional Class D license for purposes of including an instruction permit in a single license; increases fees for duplicate CDLs.
Title: H.B. 189
Source: Lexis-Nexis/StateNet

KYSigned into law 04/2002P-12Relates to commercial driver licenses and commercial driver training schools; requires all persons applying for a license to operate a CDL driver training school, and all persons applying to be a CDL driver training instructor to undergo a criminal history background check; requires all CDL schools to own or lease at least one commercial motor vehicle; expands definition of residency; requires annual report on the Motorcycle Safety Education Fund.
Title: H.B. 190
Source: Lexis-Nexis/StateNet

MNSigned into law 04/2002P-12Modifies procedures for school bus driver background checks.
Title: S.B. 2949
Source: Lexis-Nexis/StateNet

MSSigned into law 04/2002P-12Requires fingerprinting and background checks for newly hired school attendance officers.
Title: H.B. 643
Source: Lexis-Nexis/StateNet

MSSigned into law 04/2002P-12School employees criminal history record check requirement; include school attendance officers and delete repealer.
Title: S.B. 2223
Source: Lexis-Nexis/StateNet

INVetoed 03/2002P-12Requires a prosecuting attorney to notify the state superintendent of public instruction and the employer when a licensed school employee is convicted of certain offenses; makes changes in the grounds for which teachers' licenses may be revoked and contracts may be canceled; requires consultation with a teacher before action is initiated to discipline a student. http://www.in.gov/legislative/bills/2002/HE/HE1202.1.html
Title: H.B. 1202
Source: Lexis-Nexis/StateNet

MEPublic Law No. 03/2002P-12Terminates the Educational Leave Advisory Board; declares the educational leave program for state employees to be in public interest.
Title: H.B. 1616
Source: Lexis-Nexis/StateNet

+ Bilingual/ESL
+ Business Involvement
+ Career/Technical Education
+ Cheating
+ Choice of Schools--Charter Schools
+ Choice of Schools--Charter Schools--Charter Districts
+ Choice of Schools--Charter Schools--Finance
+ Choice of Schools--Choice/Open Enrollment
+ Choice of Schools--Magnet or Specialized Schools
+ Choice of Schools--Tax Credits
+ Choice of Schools--Vouchers
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Arts Education
+ Curriculum--Core Curriculum
+ Curriculum--Drivers Education
+ Curriculum--Environmental Education
+ Curriculum--Family Living Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Health/Nutrition Education
+ Curriculum--Language Arts--Writing/Spelling
+ Curriculum--Mathematics
+ Curriculum--Multicultural
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Data-Driven Improvement
+ Demographics--Enrollments
+ Desegregation
+ Economic/Workforce Development
+ Education Research
+ Equity
+ Federal
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Bonds
+ Finance--District
+ Finance--Does Money Matter?
+ Finance--Equity
+ Finance--Facilities
+ Finance--Funding Formulas
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
+ Finance--Private Giving
+ Finance--Resource Efficiency
+ Finance--State Budgets/Expenditures
+ Finance--Student Fees
+ Finance--Taxes/Revenues
+ Finance--Taxes/Revenues--Alternative Revenues
+ Governance
+ Governance--School Boards
+ Governance--School Boards--Training
+ Governance--Site-Based Management
+ Governance--State Boards/Chiefs/Agencies
+ Health
+ Health--Child Abuse
+ Health--Mental Health
+ Health--School Based Clinics or School Nurses
+ High School
+ High School--Advanced Placement
+ High School--Dual/Concurrent Enrollment
+ High School--Exit Exams
+ High School--GED (General Education Development)
+ High School--Graduation Requirements
+ High School--International Baccalaureate
+ Instructional Approaches--Grading Practices
+ Instructional Approaches--Homeschooling
+ Instructional Approaches--Official English
+ Instructional Approaches--Tracking/Ability Grouping
+ Integrated Services/Full-Service Schools
+ International Benchmarking
+ Leadership
+ Leadership--District Superintendent
+ Leadership--Principal/School Leadership--Certification and Licensure
+ Leadership--Principal/School Leadership--Compensation and Diversified Pay
+ Leadership--Principal/School Leadership--Evaluation and Effectiveness
+ Leadership--Principal/School Leadership--Preparation
+ Leadership--Principal/School Leadership--Recruitment and Retention
+ Middle School
+ Minority/Diversity Issues
+ Minority/Diversity Issues--African American
+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ Minority/Diversity Issues--Hispanic
+ No Child Left Behind
+ No Child Left Behind--Adequate Yearly Progress
+ No Child Left Behind--Assessment
+ No Child Left Behind--Choice/Transfer
+ No Child Left Behind--Consequences for Schools
+ No Child Left Behind--Report Cards
+ No Child Left Behind--School Support
+ No Child Left Behind--Supplemental Services
+ Online Learning--Digital/Blended Learning
+ Online Learning--Virtual Schools/Courses
+ 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
+ P-3 Governance
+ P-3 Grades 1-3
+ P-3 Kindergarten--Full-Day Kindergarten
+ P-3 Preschool
+ P-3 Teaching Quality/Professional Development
+ Parent/Family
+ Parent/Family--Parent Rights
+ Postsecondary
+ Postsecondary Affordability--Financial Aid
+ Postsecondary Affordability--Tuition/Fees
+ Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans
+ Postsecondary Affordability--Tuition/Fees--Undocumented Immigrants
+ Postsecondary Faculty
+ Postsecondary Faculty--Intellectual Property
+ Postsecondary Faculty--Tenure
+ Postsecondary Finance
+ Postsecondary Governance and Structures
+ Postsecondary Institutions--Community/Technical Colleges
+ Postsecondary Institutions--For-Profit/Proprietary
+ Postsecondary Participation--Access
+ Postsecondary Participation--Admissions Requirements
+ Postsecondary Participation--Affirmative Action
+ Postsecondary Participation--Outreach
+ Postsecondary Students--Disabled
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+ Private Schools
+ Privatization
+ Promotion/Retention
+ Public Involvement
+ Reading/Literacy
+ Religion
+ Religion--Prayer/Meditation
+ Scheduling/School Calendar
+ Scheduling/School Calendar--Extended Day Programs
+ Scheduling/School Calendar--Summer School
+ Scheduling/School Calendar--Year
+ Scheduling/School Calendar--Year Round
+ School Safety
+ School Safety--Bullying Prevention/Conflict Resolution
+ School Safety--Code of Conduct
+ School Safety--Expulsion/Suspension
+ School Safety--No Child Left Behind--Safe Schools
+ School Safety--Sexual Harassment and Assault
+ School Safety--Uniforms/Dress Codes
+ School/District Structure/Operations
+ School/District Structure/Operations--District Consolidation/Deconsolidation
+ School/District Structure/Operations--Facilities
+ School/District Structure/Operations--Food Service
+ School/District Structure/Operations--Libraries
+ School/District Structure/Operations--Personnel (Non-Teaching)
+ School/District Structure/Operations--School Size
+ School/District Structure/Operations--Transportation
+ Service-Learning
+ Special Education
+ Special Education--Finance
+ Special Education--Placement
+ Special Populations--Corrections Education
+ Special Populations--Gifted and Talented
+ Special Populations--Homeless Education
+ Standards
+ Standards--Implementation
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Politics
+ State Policymaking--Task Forces/Commissions
+ Student Achievement
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+ Student Supports--Remediation
+ Students
+ Students--Athletics/Extracurricular Activities
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+ Teaching Quality
+ Teaching Quality--Certification and Licensure
+ Teaching Quality--Certification and Licensure--Alternative
+ 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--Retirement/Benefits
+ Teaching Quality--Evaluation and Effectiveness
+ Teaching Quality--Induction Programs and Mentoring
+ Teaching Quality--Paraprofessionals
+ Teaching Quality--Preparation
+ Teaching Quality--Professional Development
+ Teaching Quality--Recruitment and Retention
+ 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--Internet Safety
+ Technology--Teacher/Faculty Training
+ Textbooks and Open Source
+ Urban