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
+ 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
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+ Class Size
+ Curriculum
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+ 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
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+ Data-Driven Improvement
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+ Federal
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+ Finance--Adequacy/Core Cost
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+ Finance--District
+ Finance--Does Money Matter?
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+ 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
AZBecame law without governor's signature 06/2002P-12Eliminates provision in statute that requires school-wide audit team in the office of the auditor general to randomly audit each school district at least once every five years. Replaces it with provision requiring auditor general to randomly select the school districts to be audited each year, subject to review by the joint legislative audit committee. See section 40: http://www.azleg.state.az.us/legtext/45leg/2r/bills/hb2710c.htm
Title: Omnibus--H.B. 2710
Source: http://www.azleg.state.az.us

ILSigned into law 06/2002P-12Provides that the Auditor General, instead of the State Board of Education, shall annually cause an audit to be made of the financial statements of all accounts, funds and other moneys in the care, custody, or control of the regional superintendent of schools of each educational service region and of each educational service center (other than an educational service center serving the Chicago school district). http://www.legis.state.il.us/publicacts/pubact92/acts/92-0544.html
Title: S.B. 1534
Source: Lexis-Nexis/StateNet

KSSigned into law 06/2002P-12The bill specifies that the State Board of Regents will serve as the representative of the public postsecondary education system before the Governor and the Legislature. (Under current law, the State Board of Regents is assigned the role of advocating for adequate resources and sufficient authority to enable postsecondary institutions to achieve their missions.) The State Board of Regents is directed to develop and
implement, in conjunction with the postsecondary educational institutions, a comprehensive plan for coordinating all program offerings by
postsecondary educational institutions. Commencing on July 1, 2004, the state board of regents shall have authority to review and approve institutional improvement plans, and, on the basis of each plan, shall develop and implement a performance agreement with each postsecondary educational institution. Performance agreements shall incorporate the goals, priorities, policies and mission objectives identified in the institutional improvement plans, and the performance measures, which will be used to demonstrate compliance and progress. (e) Commencing on July 1, 2005, each postsecondary educational institution's receipt of new state funds shall be contingent on achieving compliance with its performance agreement. The state board shall determine the amount of new state funds to be received by each postsecondary educational institution, taking into account the postsecondary educational institution's level of compliance with its performance agreement and the funds available for distribution. The State Board of Regents is directed to develop a unified budget for state funding of postsecondary educational institutions, present that budget to the Governor and the Legislature each year, and receive and allocate the state funds appropriated for funding of postsecondary educational institutions in accord with legislative directives, except for allocations based on institutional performance allocations. (This replaces the current law which directs the State Board to approve for state funding purposes educational programs, courses of instruction, and out-district program and course locations and to review budget and state funding requests of postsecondary educational institutions in order to present a unified budget for higher education.)
Title: S.B. 647
Source: Lexis-Nexis/StateNet

NYSigned into law 06/2002P-12Reforms the governance structure of New York City schools. The new law gives the mayor control over city schools, including the power to appoint the chancellor. The law also eliminates the city's existing 32 community school boards in June 2003 and sets up a task force to devise an alternative mechanism for community input. http://www.state.ny.us/governor/press/year02/june12_4_02.htm
Title: A.B. 11627
Source: http://www.state.ny.us/governor/press/year02/june12_4_02.htm

SCSigned into law 06/2002P-12Relates to the education oversight committee, so as to add the state superintendent of education or the superintendent's designee as an ex officio nonvoting member.
Title: H.B. 3602
Source: Lexis-Nexis/StateNet

SCSENATE override line item veto Nos. 2. 06/2002P-12
Postsec.
Requires funding equal to 1994-95 appropriation to be appropriated to the state department annually to offset any reduction suffered by districts due to a change in the distribution of employee contribution funds. Provides that in the event of an EIA revenue shortfall, lapsed funds remaining after EIA purposes must be distributed to districts for funding buildings and exempts EIA appropriations for teacher salaries and benefits from reductions to offset an official EIA revenue shortfall. Requires state board to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries no later than July 1, 2002. This task force to the extent possible is to be equally divided among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. Also requires districts to provide advanced placement courses in all secondary schools which enroll an adequate number of academically talented students to support the course. Part II concerns public higher education: Each four-year campus of each state-supported public institution of higher learning must have equal representation on all formal and informal councils, advisory groups, committees, and task forces of the commission. Independent four-year colleges must have representation on all formal and informal committees and commissions dealing with higher education statewide issues. Also addresses instate tuition for certain students. Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year independent institution must be the cost of attendance up to a maximum of the average annual cost of tuition at the state's four-year public institutions of higher learning in the corresponding academic year. In addition, beginning with school year 2002-2003, eligible resident students attending two-year independent institutions may not receive an annual LIFE scholarship of more than the maximum cost of tuition at two-year regional public institutions for thirty credit hours a year or its equivalent."
Title: H.B. 4879
Source: http://www.ecs.org/html/offsite.asp?document=http://www.scstatehouse.net/

COSigned into law 05/2002P-12Repeals the process for filling a vacancy on the state board; specifies that any vacancy occurring on the state board other than a vacancy of the state board at-large seat shall be filled by the vacancy committee of the party Congressional Central Committee of the same political party as the vacating board member. Also specifies that any vacancy on the state board at-large seat must be filled by the vacancy committee of the state central committee of the same political party as the vacating state board member. http://www.leg.state.co.us/2002a/inetcbill.nsf/fsbillcont/A2523CE2D53E555E87256B29004FBEF5?Open&file=1245_enr.pdf
Title: H.B. 1245
Source: www.leg.state.co.us

FLSigned into law 05/2002P-12
Postsec.
Community College
According to a legislative summary, "The bill establishes the Office of Inspector General within the State Board of Education to be responsible for promoting accountability, efficiency and effectiveness and detecting fraud and abuse within school districts, community colleges and universities in Florida." http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: www.leg.state.fl.us

FLSigned into law 05/2002P-12
Postsec.
According to a legislative summary, "The bill provides for the state board to be the entity responsible for ensuring that school districts and public postsecondary institutions comply with law and state board rule and authorizes a number of options to enforce compliance." http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: www.leg.state.fl.us

FLSigned into law 05/2002P-12
Postsec.
Creates new section giving state board oversight of all public school boards and public postsecondary institution boards, gives state board authority to undertake sanctions, including withholding funds, against school district or public postsecondary education institution that does not comply with law or state board rule within specified time. See bill section 376, page 842, line 3 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: http://www.leg.state.fl.us

FLSigned into law 05/2002P-12According to a legislative summary, "The bill eliminates the commissioner's waiver authority over law. However, it authorizes the commissioner to waive state board rule, if the state board delegates to him that authority." http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E (waiver authority section)
Source: www.leg.state.fl.us

FLSigned into law 05/2002P-12
Community College
According to state legislative summary: "Designates the State Board of Education as the head of the department, the Commissioner as the Executive Director of the department; revises divisions [to create three divisions within the department, namely the Division of Public Schools, the Division of Community Colleges and the Division of Colleges and Universities, to create an Office of Private Schools and Home Education Programs within the department, and to eliminate the Division of Independent Education]; revises powers and duties[.]" See bill section 881, page 1625, line 14 ff. Also "[a]utorizes establishment, abolishment or consolidation within department to promote efficient operation. Authorizes flexibility of positions and appropriations." See bill section 1055, page 1784, line 8 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: http://www.leg.state.fl.us

GASigned into law 05/2002P-12Relates to services to member local school systems by regional educational service agencies; provides that a regional educational service agency shall be authorized to sell or provide at reasonable costs goods and services to private schools located in the State. http://www.legis.state.ga.us/Legis/2001_02/fulltext/hb136.htm
Title: H.B. 136
Source: Lexis-Nexis/StateNet

HIVetoed 05/2002P-12Allows the state board to employ attorneys without the attorney general's approval. http://www.capitol.hawaii.gov/sessioncurrent/bills/hb1969_.htm
Title: H.B. 1969
Source: Lexis-Nexis/StateNet

HIVetoed 05/2002P-12Requires the establishment of an educational region commission to establish educational regions within the State on or before January 1, 2003, and every tenth year thereafter. Replaces the current Board of Education with regional Boards of Education and a statewide Board of Education composed of its members. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb3018_.htm
Title: S.B. 3018
Source: www.capitol.hawaii.gov

MDSigned into law 05/2002P-12Increases maximum of aggregate principal amount of bonds outstanding that Baltimore district may hold from $25 million to $75 million. Require Baltimore board and CEO to ensure increased community involvement and outreach in support of the city's public schools. Deletes 1997 section requiring adoption and implementation of transition plan. Replaces with requirement that by June 1, 2002, Baltimore district CEO submit 5-year comprehensive master plan to board for review and approval by August 30, 2002 and subsequent review and approval by state board and superintendent. Requires CEO or designee to consult with specified others, including teachers, students and parents during the development of the master plan. Requires master plan to be updated and submitted for state board and superintendent review and approval on annual basis. Establishes areas which master plan must address. Requires department and Baltimore school system to jointly develop a principal development initiative pairing distinguished principals from outside the system and action support teams with principals in training in Baltimore. Addresses minimum appropriations to Baltimore Public School System. Requires consultant to evaluate the Baltimore City-State Partnership and the reform initiatives of the Baltimore City Public School System by December 1, 2006, and the board of commissioners and the state board to report to the general assembly on a review of the evaluation by January 15, 2007. Requires chief officers of Baltimore Public Schools to meet on at least a quarterly basis with the Special Master assigned to the case, after 6 of which meetings the CEO and the state superintendent may adjust the communication schedule. Requires state and Baltimore agencies to communicate on at least a quarterly basis on facilities planning in the Baltimore Public Schools, including on capital improvement program issues. Requires transfer of certain real property assets from Baltimore City Public School System to Baltimore City Board of Commissioners. Through June 30, 2009, permits Board of Public Works to approve state funding for capital improvements to Baltimore public school buildings deeded to Baltimore board or mayor and city council of Baltimore. Requires city to continue cooperation with school system to eliminate environmental hazards in the school system. Permits funds appropriated for the Baltimore City-State Partnership to be used to support the principal development initiative. http://mlis.state.md.us/2002rs/bills/hb/hb0853e.rtf
Title: H.B. 853
Source: mlis.state.md.us

IASigned into law 04/2002P-12Adds one nonvoting student member to state board, making total board membership 10, provides for application process and appointment of student member. Also requires school districts and nonpublic schools to report number of ninth graders who do not graduate from the school or school district, as well as the number of students who are tested on multiple assessment measures to determine student achievement levels, and the percentage of students who are so tested annually. Requires the board to develop and adopt uniform definitions consistent with the federal No Child Left Behind Act of 2001 and any federal regulations adopted pursuant to the federal Act. Permits department to conduct school site visits of accredited schools and districts on as-needed basis. Addresses conditions of employment of Superintendent staff. Addresses procedures in open enrollment law. Renders provision of school breakfast programs optional rather than mandatory. Modifies section addressing parental reimbursement for nonpublic school pupil transportation. Regulates the provision of textbooks to students in accredited nonpublic schools. Modifies requirements for school bus drivers' licenses. Establishes a conservation education program board and the duties of said board. http://www.legis.state.ia.us/GA/79GA/Legislation/HF/02500/HF02515/Current.html
Title: H.B. 2515
Source: www.legis.state.ia.us

KYSigned into law 04/2002P-12Requires the membership of the Education assessment and accountability subcommittee include 4 members from each chamber, including at least 1 member of the minority party in the chamber; provides that a majority of the membership shall constitute a quorum; provides that actions that require affirmative vote of a majority.
Title: H.B. 292
Source: Lexis-Nexis/StateNet

MDSigned into law 04/2002P-12Repeals an obsolete provision concerning the date by which the State Open Meetings Law Compliance Board shall conduct educational programs for public bodies; alters the date by which the Board shall submit an annual report; repeals the requirement that the annual report include a description of the impact on State and local governments of expansion of the application of the Open Meetings Act to local public bodies. http://mlis.state.md.us/2002rs/bills/hb/hb0270t.rtf
Title: H.B. 270
Source: mlis.state.md.us

MSSigned into law 04/2002P-12Reenacts sections relating to Office of Compulsory School Attendance Enforcement and school attendance officers. Creates a Task Force to Conduct a Best Financial Management Practices Review of the State Department of Education. Requires the development of best practices for specified areas. http://billstatus.ls.state.ms.us/documents/2002/html/HB/0400-0499/HB0492SG.htm
Title: H.B. 492
Source: billstatus.ls.state.ms.us

KYSigned into law 03/2002P-12
Postsec.
Includes a representative of the State's independent colleges and universities as a member on the Council on Postsecondary Education; requires the member to be selected by the board of the Association of Independent Colleges and Universities.
Title: H.B. 191
Source: Lexis-Nexis/StateNet

MESigned into law 03/2002P-12Creates a study group to study school administrative unit organization; provides that the group shall study the history of formation of districts, participation in regional collaboratives, recommend incentives to be used to promote organizational characteristics that can be demonstrated to support high levels of student outcomes and efficient use of resources, and maintain school administrative units that exhibit organizational characteristics.
Title: S.B. 733
Source: Lexis-Nexis/StateNet

WVSigned into law 03/2002P-12Calls for development and implementation of a system to hold schools accountable for student performance and progress toward obtaining a high quality education. Creates a "Process for Improving Education Council" comprised of the Legislative Oversight Commission on Education Accountability, the Governor and Chancellor of the Higher Education Policy Commission. Council has the authority to meet and consult with the state board and to make recommendations on issues related to student, schools and school system performance. To ensure high quality education continues to be delivered, the statute grants the state board the authority to intervene again in county systems where they had once intervened within the past five years. If a second intervention is necessary, the bill provides the state board the authority to delegate additional authority to the state superintendent to conduct hearings or to make personnel changes.  

Title: H.B. 4319
Source: West Virginina Department of Education News

WVSigned into law 03/2002P-12Brings state's Regional Education Services (RESAs) under the state board's authority allows the state superintendent to appoint their executive directors. RESAs are responsible for providing technical assistance to "low performing schools and school systems" and high quality professional development. Also responsible for various technology-related matters, receiving and administering federal and/or state grants and installing and maintaining education related technology equipment and software.
Title: H.B. 4319
Source: West Virginia Department of Education News

VASigned into law 02/2002P-12
Postsec.
Requires the State Council of Higher Education to prepare and submit its plans and recommendations for implementing a coordinating system of higher education to the Governor and the General Assembly at least once every four years.
Title: H.B. 79
Source: Lexis-Nexis/StateNet

+ Governance--School Boards
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