ECS
From the ECS State Policy Database
2003 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 2003. 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--Compulsory
+ Attendance--Statutory Ages (Upper and Lower)
+ Attendance--Truancy
+ Background Checks
+ Bilingual/ESL
+ Business Involvement
+ Career/Technical Education
+ Career/Technical Education--Career Academies/Apprenticeship
+ Choice of Schools--Charter Schools
+ Choice of Schools--Charter Schools--Closings
+ Choice of Schools--Charter Schools--Cyber Charters
+ Choice of Schools--Charter Schools--Finance
+ Choice of Schools--Charter Schools--Research
+ Choice of Schools--Choice/Open Enrollment
+ Choice of Schools--Magnet or Specialized Schools
+ Choice of Schools--Vouchers
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Alignment
+ Curriculum--Arts Education
+ Curriculum--Drivers Education
+ Curriculum--Environmental Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Health/Nutrition Education
+ Curriculum--International Education
+ Curriculum--Language Arts--Writing/Spelling
+ Curriculum--Mathematics
+ Curriculum--Multicultural
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Demographics
+ Demographics--Enrollments
+ Desegregation
+ Economic/Workforce Development
+ Equity
+ Federal
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Bonds
+ Finance--District
+ Finance--Equity
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ Finance--Litigation
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
+ Finance--Performance Funding
+ Finance--Private Giving
+ Finance--Resource Efficiency
+ Finance--State Budgets/Expenditures
+ Finance--Student Fees
+ Finance--Taxes/Revenues
+ Finance--Taxes/Revenues--Alternative Revenues
+ Governance
+ Governance--Deregulation/Waivers/Home Rule
+ Governance--Ethics/Conflict of Interest
+ Governance--School Boards
+ Governance--School Boards--Training
+ Governance--Site-Based Management
+ Governance--State Boards/Chiefs/Agencies
+ Health
+ Health--Child Abuse
+ Health--School Based Clinics or School Nurses
+ Health--Suicide Prevention
+ Health--Teen Pregnancy
+ High School
+ High School--Advanced Placement
+ High School--College Readiness
+ High School--Dual/Concurrent Enrollment
+ High School--Exit Exams
+ High School--GED (General Education Development)
+ High School--Graduation Requirements
+ Instructional Approaches--Grading Practices
+ Instructional Approaches--Homeschooling
+ Instructional Approaches--Homework/Study Skills
+ Integrated Services/Full-Service Schools
+ Leadership
+ Leadership--District Superintendent
+ Leadership--District Superintendent--Compensation and Diversified Pay
+ 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
+ Leadership--Principal/School Leadership--Tenure
+ 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
TXRule Adoption 12/2003P-12Repeals old rules and establishes rules relating to public school accountability. Each school district must be assigned an accountability rating by the Texas Education Agency (TEA). The accountability rating of a school district is based primarily on its overall performance by all student
populations, on the district's current special education compliance status with the TEA, and on the performance of each of its campuses as demonstrated on state-adopted academic excellence indicators. The academic excellence indicators stipulated in law and the district's current special education compliance with the Texas Education Agency (TEA) are to be the main consideration of the TEA in the annual rating of districts and campuses. Requires the commissioner of education will take any necessary action to comply with all requirements of the No
Child Left Behind Act and other federal statutes and regulations. The commissioner of education may impose sanctions as authorized under the No Child Left Behind Act and other federal statutes and regulations in addition to those imposed under Texas Education Code, Chapter
39, Subchapter G. TEXAS REG 89925 (SN)
Title: 19 TAC 2.97.A.97.1 thru 97.4
Source: StateNet

ARRule Adoption 11/2003P-12Establishes rules governing the Arkansas Comprehensive Testing, Assessment and Accountability Program and the Academic Distress Program (ACTAAP). http://arkedu.state.ar.us/pdf/ade%20162%20actaap.pdf
Title: ADE 162
Source: Arkansas State Web site

ILAmendatory veto by Governor - Bill Dead 11/2003P-12Amends the School Code. Requires the State Board of Education to implement and administer a student achievement improvement grant program to provide 2- year grants to school districts on the academic watch list and other school districts that have the lowest achieving students. Requires a school district to establish an accountability program in order to receive a grant. Requires a grant to be automatically renewed when achievement goals are met. http://www.legis.state.il.us/legislation/fulltext.asp?DocName=&SessionId=3&GA=93&DocTypeId=SB&DocNum=207
Title: S.B. 207
Source: Illinois Legislative Web site

MISigned into law 08/2003P-12Before publishing a list of schools or districts determined to have failed to make adequate yearly progress as required by the federal no child left behind act of 2001, Public Law 107-110, 115 Stat. 1425, the department shall allow a school or district to appeal that determination. The department shall consider and act upon the appeal within 30 days after it is submitted and shall not publish the list until after all appeals have been considered and decided.
http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2003-PA-0145.pdf
Title: H.B. 4391 (multiple provisions)
Source: www.michiganlegislature.org

MISigned into law 08/2003P-12Sec. 19. (1) A district shall comply with any requirements of sections 1204a, 1277, 1278, and 1280 of the revised school code, MCL 380.1204a, 380.1277, 380.1278, and 380.1280, commonly referred to as "public act 25 of 1990" that are not also
required by the no child left behind act of 2001, Public Law 107-110, 115 Stat. 1425, as determined by the department.
(2) Each district and intermediate district shall provide to the department, in a form and manner prescribed by the
department, information necessary for the development of an annual progress report on the required implementation
of sections 1204a, 1277, 1278, and 1280 of the revised school code, MCL 380.1204a, 380.1277, 380.1278, and 380.1280,
commonly referred to as "public act 25 of 1990".

[1204a: Annual education report for district, prerequisite for accreditation; enrollment of high school students in postsecondary courses
1277: School improvement plan; criteria for evaluation; intermediate school district plan; review and report
1278: Core academic curriculum content standards; recommended model; curriculum for special education students; special assistance in reading; nonessential elective courses
1280: Accreditation of public schools; full building-level evaluation standards; summary accreditation standards; interim status; review of school performances; technical assistance; failure to meet standards; report to legislature]

(3) A district or intermediate district shall comply with all applicable reporting requirements specified in state and
federal law. Data provided to the center, in a form and manner prescribed by the center, shall be aggregated and
disaggregated as required by state and federal law.
(4) Each district shall furnish to the center not later than 7 weeks after the pupil membership count day, in a manner
prescribed by the center, the information necessary for the preparation of the district and high school graduation report. The center shall calculate an annual graduation and pupil dropout rate for each high school, each district, and
this state, in compliance with nationally recognized standards for these calculations. The center shall report all
graduation and dropout rates to the senate and house education committees and appropriations committees, the state
budget director, and the department not later than June 1 of each year.
(5) A district shall furnish to the center, in a manner prescribed by the center, information related to educational
personnel as necessary for reporting required by state and federal law.
(6) If a district or intermediate district fails to meet the requirements of subsection (2), (3), (4), or (5), the
department shall withhold 5% of the total funds for which the district or intermediate district qualifies under this act
until the district or intermediate district complies with all of those subsections. If the district or intermediate district
does not comply with all of those subsections by the end of the fiscal year, the department shall place the amount
withheld in an escrow account until the district or intermediate district complies with all of those subsections.
(7) If a school in a district is not accredited under section 1280 of the revised school code, MCL 380.1280, or is not
making satisfactory progress toward meeting the standards for that accreditation, the department shall withhold 5% of
the total funds for which the district qualifies under this act that are attributable to pupils attending that school. The
department shall place the amount withheld from a district under this subsection in an escrow account and shall not
release the funds to the district until the district submits to the department a plan for achieving accreditation for each
of the district's schools that are not accredited under section 1280 of the revised school code, MCL 380.1280, or are not
making satisfactory progress toward meeting the standards for that accreditation.
(8) Before publishing a list of schools or districts determined to have failed to make adequate yearly progress as
required by the federal no child left behind act of 2001, Public Law 107-110, 115 Stat. 1425, the department shall allow
a school or district to appeal that determination. The department shall consider and act upon the appeal within 30 days
after it is submitted and shall not publish the list until after all appeals have been considered and decided.

http://www.michiganlegislature.org/documents/2003-2004/billenrolled/house/pdf/2003-HNB-4401.pdf
Title: H.B. 4401 (multiple provisions)
Source: www.michiganlegislature.org

MISigned into law 08/2003P-12Sec. 94a. (1) There is created within the office of the state budget director in the department of management and
budget the center for educational performance and information. The department of management and budget shall
provide administrative support to the center. The center shall do all of the following:
(a) Coordinate the collection of all data required by state and federal law from all entities receiving funds under this
act.
(b) Collect data in the most efficient manner possible in order to reduce the administrative burden on reporting
entities.
(c) Establish procedures to ensure the validity and reliability of the data and the collection process.
(d) Develop state and model local data collection policies, including, but not limited to, policies that ensure the
privacy of individual student data. State privacy policies shall ensure that student social security numbers are not
released to the public for any purpose.
(e) Provide data in a useful manner to allow state and local policymakers to make informed policy decisions.
(f) Provide reports to the citizens of this state to allow them to assess allocation of resources and the return on their
investment in the education system of this state.
(g) Assist all entities receiving funds under this act in complying with audits performed according to generally
accepted accounting procedures.
(h) Other functions as assigned by the state budget director.
(2) The state budget director shall appoint a CEPI advisory committee, consisting of the following members:
(a) One representative from the house fiscal agency.
(b) One representative from the senate fiscal agency.
(c) One representative from the office of the state budget director.
(d) One representative from the state education agency.
(e) One representative each from the department of career development and the department of treasury.
(f) Three representatives from intermediate school districts.
(g) One representative from each of the following educational organizations:
(i) Michigan association of school boards.
(ii) Michigan association of school administrators.
(iii) Michigan school business officials.
(h) One representative representing private sector firms responsible for auditing school records.
(i) Other representatives as the state budget director determines are necessary.
(3) The CEPI advisory committee appointed under subsection (2) shall provide advice to the director of the center
regarding the management of the center's data collection activities, including, but not limited to:
(a) Determining what data is necessary to collect and maintain in order to perform the center's functions in the most
efficient manner possible.
(b) Defining the roles of all stakeholders in the data collection system.
(c) Recommending timelines for the implementation and ongoing collection of data.
(d) Establishing and maintaining data definitions, data transmission protocols, and system specifications and
procedures for the efficient and accurate transmission and collection of data.
(e) Establishing and maintaining a process for ensuring the accuracy of the data.
(f) Establishing and maintaining state and model local policies related to data collection, including, but not limited
to, privacy policies related to individual student data.
(g) Ensuring the data is made available to state and local policymakers and citizens of this state in the most useful
format possible.
(h) Other matters as determined by the state budget director or the director of the center.
(4) The center may enter into any interlocal agreements necessary to fulfill its functions.
(5) From the general fund appropriation in section 11, there is allocated an amount not to exceed $363,400.00 for
2003-2004 to the office of the state budget in the department of management and budget to support the operations of
the center. In addition, from the general fund appropriation in section 11 for 2003-2004, there is allocated $1,500,000.00
to the center for a contract with Standard & Poor's for the school evaluation services website. The center shall
cooperate with the state education agency to ensure that this state is in compliance with federal law and is maximizing
opportunities for increased federal funding to improve education in this state. In addition, from the federal funds
appropriated in section 11 for 2003-2004, there is allocated the following amounts in order to fulfill federal reporting
requirements:
(a) An amount estimated at $1,000,000.00 funded from DED-OESE, title I, disadvantaged children funds.
(b) An amount estimated at $284,700.00 funded from DED-OESE, title I, reading first state grant funds.
(c) An amount estimated at $46,800.00 funded from DED-OESE, title I, migrant education funds.
(d) An amount estimated at $500,000.00 funded from DED-OESE, improving teacher quality funds.
(e) An amount estimated at $100,000.00 funded from DED-OESE, drug-free schools and communities funds.
(6) Federal funds allocated under this section that are not expended in the fiscal year in which they were allocated
may be carried forward to a subsequent fiscal year.
(7) The center may bill departments as necessary in order to fulfill reporting requirements of state and federal law.
(8) As used in this section:
(a) "Center" means the center for educational performance and information created under this section.
(b) "DED-OESE" means the United States department of education office of elementary and secondary education.
(c) "State education agency" means the department.

http://www.michiganlegislature.org/documents/2003-2004/billenrolled/house/pdf/2003-HNB-4401.pdf
Governor explanation of veto (page 9/36): http://www.michiganlegislature.org/documents/2003-2004/journal/house/pdf/2003-HJ-08-13-064.pdf
Title: H.B. 4401 (multiple provisions)
Source: www.michiganlegislature.org

OHSigned into law 08/2003P-12Creates the Ohio Accountability Task Force to study the state's accountability system (to make recommendations, periodically review fees for data analysis and reporting, periodically report to the department and state board, to examine the implementation of the value-added progress dimension and the reporting of performance data. Defines "graduation rate" as the ratio of students receiving a diploma to the number of students who entered ninth grade four years earlier. Students who transfer into the district are added to that calculation. Students who transfer out of the district for reasons other than dropout are subtracted from the calculation. Directs the Legislative Office of Education Oversight to conduct a study of each of the following: the academic achievement gap, (2) the provision of intervention services, (3) the Ohio Graduation Test performance of the Class of 2007, and (4) the progress of meeting the federal requirement of having only "highly qualified" teachers in core subject areas. Eliminates the requirement that certain state board rules be approved by the General Assembly prior to taking effect.
Title: H.B. 3--Section 3302.01
Source: www.legislature.state.oh.us

OHSigned into law 08/2003P-12This section defines "performance index score;" defines subgroups as major racial and ethic groups, students with disabilities, economically disadvantaged, and limited English proficient students. Defines "other academic indicators" as attendance rate for elementary and middle schools and the graduation rate for high schools. Defines "Annual measurable objective"and requires 95% of the student population and each subgroup to be tested, except for any subgroup that contains less than 40 students. In calculating AYP, subgroups of 30 or more are counted, except students with disabilities is not used in the calculation unless it contains 45 or more students.
Title: H.B. 3--3302.01
Source: www.legislature.state.oh.us

OHSigned into law 08/2003P-12Requires the department of education, by January 1, 2004, to provide to the General Assembly a feasible standard for measuring school district attendance rates.
Title: H.B. 3 - Omnibus Bill -- Attendance Rates
Source: Digest of Enactments 2003

CAEmergency Rule Adoption 07/2003P-12Establishes emergency rules concerning alternative schools accountability model. CALIFORNIA REG 15452 (SN)
http://ccr.oal.ca.gov/cgi-bin/om_isapi.dll?clientID=125942&E22=Title%205&E23=1068&E24=&infobase=ccr&querytemplate=%261.%20Go%20to%20a%20Specific%20Section&record={F02A}&softpage=Document42
Title: Title 5 CCR 1068 thru 1074
Source: California State Web site

NYAdopted 07/2003P-12Amends rules ensuring state and local educational agency compliance with the No Child Left Behind Act. NEW YORK REG 15972 (SN) http://www.regents.nysed.gov/July2003/0703brca2.htm From summary presented to board: Establishes accountability performance criteria and procedures for determining whether a public school, charter school or school district shall be deemed to have made "adequate yearly progress" under the NCLB. A school/district that fails to make adequate yearly progress will be designated as a "School/district Requiring Academic Progress" and will be required to undertake remedial measures while so designated, including school improvement plans, corrective action plans, restructuring plans, revised restructuring plans and other measures as required by the NCLB. Schools/districts that make adequate yearly progress for two consecutive years on all criteria and indicators for which they have been identified will be removed from such designation. A school/district that received funds under Title I for two consecutive years during which it failed to make adequate yearly progress shall be identified for school improvement under NCLB. A school/district that makes adequate yearly progress for two consecutive years shall no longer be subject to the requirements of the NCLB.

Commencing with the 2003-2004 school year, the Commissioner may identify schools/districts that meet certain specified criteria as "high performing." Commencing with the 2004-2005 school year, the Commissioner may identify other schools/districts as "rapidly improving."
For each school year during which a school remains under registration review, the board of education shall provide direct notification to parents, including a summary of the actions taken to improve performance and an explanation of available placement or program options, and the timeliness and process for parents exercising their rights to school choice.

Title: NYCRR 8 100.2 (bb)
Source: http://www.regents.nysed.gov

DERule Adoption 06/2003P-12Amended regulation to conform to state and federal statutes that address school, district and state accountability for student performance; added five levels of performance for students in grades 2, 4, 6, 7 and 9 in reading, writing and mathematics beginning in 2006; defined Adequate Yearly Process (AYP) as it affects student achievement and discusses how AYP is determined and calculated; addressed other academic indicators, assessment criteria and the school and district review process. http://www.state.de.us/research/AdminCode/Education/Education%20Administrative%20Code%20-%20100%20Accountability.htm#P4_57
Title: 14 DAC 101, 103
Source: Delware State Web site

FLSigned into law 06/2003P-12Expands legislative intent for K-20 education performance accountability system; provides requirements and implementation schedule for performance-based funding; provides mission, goals, and measures; requires collection of certain data; provides eligibility criteria for participation in Florida School Recognition Program; relates to equivalent scores for purpose of graduation; relates to the No Child Left Behind Act.
http://www.leg.state.fl.us/house/Session/index.cfm?Mode=Bills&BI_Mode=ViewBillInfo&BillNum=0915&Chamber=House&Year=2003&Title=%2D%3EBill%2520Info%3AH%25200915%2D%3ESession%25202003
Title: H.B. 915
Source: Florida Legislative Web site

MDRule Adoption 06/2003P-12A. The State Board and the State Superintendent of Schools shall annually review the progress of each local school system to determine if the school system is making AYP in reading and in mathematics and shall publicize the results of the review to each local school system, teachers, staff, and the community and include statistically sound disaggregated results.
B. The State Board, upon the recommendation of the State Superintendent of Schools, may make monetary or nonmonetary rewards to schools, school systems, or both, that significantly close the achievement gap between subgroups or exceed their AYP in reading or in mathematics for 2 or more consecutive years and designate certain schools as distinguished schools that have made the greatest gains in closing the achievement gap or exceeding AYP.
Title: COMAR 13A.01.04.09
Source: Westlaw

MDRule Adoption 06/2003P-12A. Student Performance Areas. The following data-based areas shall be measured by the standards in Regulation .05 of this chapter and reported annually as provided in Regulation .06 of this chapter to assess school and student performance:
(1) Maryland School Assessment results in reading and mathematics and Maryland High School Assessment results in geometry;
(2) Average daily attendance rate of students in grades 1-12; and
(3) Yearly high school graduation rate.
B. Supporting Information. The following data-based areas shall be reported to provide contextual information, but may not be measured by standards:
(1) Students enrolled in grades Prekindergarten-2, including ungraded and preschool special education;
(2) Student mobility-entrants and withdrawals;
(3) Yearly dropout rate of students in grades 9-12;
(4) Norm-referenced test scores in reading and mathematics in grades 3-10;
(5) Maryland High School Assessment test scores in English I, algebra/data analysis, biology, and government;
(6) Maryland Functional Test Scores in reading, mathematics, and writing;
(7) Students participating in highly rigorous courses such as advanced placement, International Baccalaureate, and honors courses;
(8) The rate of students receiving services in special education, limited- English proficiency, Title 1, and free and reduced price meals;
(9) Wealth per pupil;
(10) Per pupil expenditure;
(11) Instructional staff, professional support staff, and instructional assistants per 1,000 students;
(12) Length of the school year;
(13) Length of the school day;
(14) The number of documented decisions of grade 12 students:
(a) Expecting acceptance at a 4-year college, a 2-year college, or a specialized school; or
(b) Planning to accept employment related to preparation, employment unrelated to preparation, or the military;
(15) A description of opportunities for gifted and talented students;
(16) High school completion of University System of Maryland course requirements for admission, career and technology education program requirements, or four of the following six performance indicators:
(a) Two or more credits in foreign language with a grade of B or better;
(b) Two or more credits of approved advanced technology with a grade of B or better;
(c) Mathematics courses beyond algebra II and geometry with a grade of B or better;
(d) Four credits of science with a grade of B or better;
(e) Score of 1,000 or higher on SAT-1, or 20 or higher on ACT, or both; and
(f) A cumulative grade point average of 3.0 or higher on a 4.0 scale;
(17) The number of students with disabilities who receive the Maryland High School Certificate;
(18) The number of candidates who successfully complete the General Educational Development (GED) Tests;
(19) The percentage of :
(a) Teachers holding professional certificates;
(b) Highly qualified teachers;
(c) Teachers with conditional credentials; and
(d) Classes in the State not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools; and
(20) The number of teachers participating in high quality professional development.
Title: COMAR 13A.01.04.04
Source: Westlaw

MDRule Adoption 06/2003P-12A. The attendance rate represents the average daily attendance rate of students in grades 1-12, including ungraded special education students. Summer school attendance is excluded. The proficient standard is 94 percent and the advanced standard is 96 percent.
B. The high school graduation rate represents the percentage of students who graduate from high school with a regular diploma, but does not include students who successfully complete the GED tests or students with disabilities who receive Maryland High School Certificates.
C. Student Achievement Rates.
(1) The student achievement rates represent the percentage of students who achieve at the basic, proficient, and advanced performance levels on the:
(a) Maryland School Assessments in reading and in mathematics;
(b) Maryland High School Assessment in geometry; and
(c) Science assessments to be developed before the beginning of the 2007-08 school year.
(2) The State Board shall establish the basic, proficient, and advanced student performance levels for reading and for mathematics for:
(a) Grades 3, 5, 8, and 10 by September 1, 2003; and
(b) Grades 4, 6, and 7 by September 1, 2004.
(3) The State Board shall establish the graduation rate standards by September 1, 2003.
(4) By September 1, 2003, the State Board shall establish AYP for schools, school systems, and the State for:
(a) Reading;
(b) Mathematics; and
(c) Graduation.
(5) The State Board shall establish the basic, proficient, and advanced student performance levels for science by September 1, 2008.
(6) The State Board shall review and revise as appropriate AYP by September 1, 2008.
Title: COMAR 13A.01.04.05
Source: Westlaw

NVSigned into law 06/2003P-12The measure revises the public school accountability provisions of the Nevada Education Reform Act and related sections of the law to conform to requirements of the federal No Child Left Behind Act of 2001. The bill requires the state board to define the measurement for determining whether this state, each school district, and each public school has made adequate yearly progress (AYP) in accordance with the federal law. The primary method of measuring AYP will be standards-based test scores in grades 3 through 8, along with the high school proficiency examination. Secondary indicators will include graduation rates for high schools and attendance rates for all other schools. In addition, the state board is required to prepare an annual report of accountability. Further, the measure requires the state board, each school district, and each public school to develop a plan to improve the achievement of pupils. The bill also revises existing provisions concerning the accountability designations of public schools, and for the first time, requires the Department of Education to designate school districts based upon the achievement of pupils enrolled within the school district as a whole, using categories and criteria similar to the school-level accountability categories. As required under federal law, all students must now be tested, including disabled students and English Language Learners. (114 page bill) http://www.leg.state.nv.us/19thSpecial/bills/SB/SB1_EN.pdf
Title: S.B. 1 (Omnibus Bill)
Source: Research Division, Legislative Counsel Bureau

TXto governor 06/2003P-12Requires the principal or other staff to identify each student who (1) hasn't performed well on assessments; (2) is not likely to receive a diploma before the fifth year of high school and then develop a graduation plan for each student that (1) identifies educational goals; (2) includes diagnostic information, appropriate monitoring and intervention, etc.; (3) includes an intensive instruction program; (4) addresses participation of the parent or guardian; provides innovative mthods to promote the student's advancement, including flexible scheduling, alternative learning environments, on-line instruction, and other interventions that are proven to accelerate the learning process and have been scientifically validated to improve learning and cognitive ability. For a student with disabilities, this program must be designed to: (1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and (2) if applicable, carry out the purposes of Section 28.0211.
http://www.capitol.state.tx.us/tlo/78R/billtext/SB01108F.HTM
Title: S.B. 1108 (Section 28.0212)
Source: http://www.capitol.state.tx.us

TXto governor 06/2003P-12Requires the state agency to develop and make available teacher training materials and other teacher training resources to assist teachers in enabling students of limited English proficiency to meet state performance expectations. The teacher training resources are to be designed to support intensive, individualized, and accelerated instructional programs developed by school districts for students of limited English proficiency. http://www.capitol.state.tx.us/tlo/78R/billtext/SB01108F.HTM
Title: S.B. 1108 (Section 39.024)
Source: http://www.capitol.state.tx.us

TXto governor 06/2003P-12Requires districts to offer an intensive program of instruction to a student who does not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39. This program must be designed to: (1) enable the student to: (A) to the extent practicable, perform at the student's grade level at the conclusion of the next regular school term; or (B) attain a standard of annual growth specified by the school district and reported by the district to the agency; and (2) if applicable, carry out the purposes of Section 28.0211. Districts are to use state funds.
http://www.capitol.state.tx.us/tlo/78R/billtext/SB01108F.HTM
Title: S.B. 1108 (Section 28.0213)
Source: http://www.capitol.state.tx.us

VTSigned into law 06/2003P-12This act clarifies that the state board of education is authorized to administer federal education funds available under the No Child Left Behind Act; for the next two years, authorizes the commissioner of education to make an annual, instead of biennial, determination as to whether each Vermont school is meeting quality standards and to implement certain consequences for low performing schools after two years instead of four years; stipulates that for the next school year, a homeless child may be educated in the school of origin despite Vermont law that stipulates that a homeless child shall be educated where the child is living; and establishes a committee to oversee implementation of the federal No Child Left Behind Act. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/acts/ACT064.HTM The general assembly finds that: the No Child Left Behind Act of 2001(NCLB), has the potential to dramatically change the way education services are provided in Vermont; (2)  Implementation of NCLB could have a major impact on the revenues of the state and the cost of education to Vermont taxpayers.  NCLB provides the state of Vermont with over $50 million in federal funds for fiscal year 2004, most of which is the consolidation of past federal aid programs.  It is unclear whether federal funds will be enough to implement the provisions of the Act with some estimates indicating the potential for large unfunded mandates at both the state and local levels; and (3)  Without legislative oversight, virtually all decisions regarding how the act will be implemented could be made by the state board of education as it is the agency charged with working with the federal government to align Vermont's education system with provisions of federal law. Therefore, it is the intent of the general assembly to establish a no child left behind oversight committee for the purpose of:
(1)  reviewing any NCLB–related request for proposal process.  It is the intent of the general assembly that the department of education shall consider approaching other states prior to issuing an NCLB–related request for proposal to determine if a joint contract would be more cost effective; (2)  receiving notification of any NCLB–related contract, grant agreement, amended contract, or amended grant agreement of greater than $10,000.00 prior to awarding any funds under the contract or grant agreement;  (3)  developing a process for reviewing significant state board or commissioner of education decisions regarding implementation of NCLB; (4)  reviewing information about technical assistance that the department of education is providing to Vermont schools and school districts regarding implementation of NCLB; (5)  proposing recommendations to the state board and commissioner of education and the legislature about any future decisions regarding implementation of NCLB; (6)  by December 15, 2003, proposing recommendations to the senate and house committees on education and appropriations to ensure that neither the state nor local school districts will incur costs to implement NCLB other than those funded by the federal government; and (7)  receiving reports from the commissioner of education on his or her best estimate of the costs of implementing NCLB at the state level in January of 2004 and 2005.
Title: S.B. 185
Source: http://www.leg.state.vt.us/docs

WVRule Adoption 06/2003P-12Provides rules relating to the measures of academic progress program. WEST VIRGINIA REG 4253 (SN)
Title: Title 126, Series 14
Source: StateNet

MDSigned into law 05/2003P-12Extends the implementation date for the applicability of specified standards for data collection forms for schools, school systems, and the state department of education. http://mlis.state.md.us/2003rs/bills/hb/hb1055t.rtf
Title: H.B. 1055
Source: StateNet

MNSigned into law 05/2003P-12Requires the state commissioner of education to use objective criteria based on student performance levels to identify four to six designations for high- to low-performing schools. Performance criteria must take into account at least student academic performance, school safety, and staff characteristics, with a value-added growth component added by the 2006-07 school year. Requires the commissioner to develop, annually update and post on the department Web site school performance report cards. Requires a school's designation to be clearly stated on each school performance report card. Requires the commissioner to make available the first school designations and school performance report cards by November 2003, and during the beginning of each school year thereafter. Allows a school or district to appeal in writing a designation under this section to the commissioner within 30 days of receiving the designation. The commissioner's decision to uphold or deny an appeal is final. Specifies that these provisions apply to the 2005-2006 school year and later.
See Section 9: http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls83&version=latest&number=HF302&session_number=0&session_year=2003
Title: H.F. 302 (multiple provisions)
Source: www.revisor.leg.state.mn.u

OHRule Adoption 05/2003P-12New definition states that a highly qualified teacher is one who holds at least a bachelor's degree and has full state certification through a Board-approved certificate or license, such as a professional teaching license for Pre K-3 or 4-9 at the elementary level, or for K-12 or 7-12 at the middle and secondary level. Also has conditions for teachers who are new and not new to their particular fields and for teachers who have an alternative educator license. Teachers who are not considered to be highly qualified include those who hold conditional permits or temporary licenses, and those teaching outside their field. Passed a resolution of intent to adopt model curricula for math and English Language Arts for the purpose of meeting the requirements of 3301.07.09. Also passed resolution to establish "basic" and "below basic" levels of skill for the 4th -grade proficiency test in mathematics, writing, scence and citizenship and for the 6th-grade proficiency tests in reading, mathematics, writing, science and citizenship for the purpose of implementing the performance index that is a component of Ohio's statewide school building and school district accountability system. OHIO REG 10455 (SN) http://www.ode.state.oh.us/board/meetings/april03/minutes.asp and http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/OAC/4b31/4d32/4d49?fn=document-frame.htm&f=templates&2.0
Title: OAC 3301-24-05
Source: StateNet

OKSigned into law 05/2003P-12Requires the state board to develop and implement in accordance with the Elementary and Secondary Education Act of 2001 (ESEA), P.L. No. 107-110, also known as the No Child Left Behind Act of 2001, an accountability system as provided for in 20 U.S.C., 6311 and any related federal regulations. The accountability system shall be implemented beginning with the 2002-2003 school year and shall be based on the Academic Performance Index data as established pursuant to Section 3-150 of this title and as modified to meet the mandates of the ESEA. Requires the state board to implement an accountability system based on the state Academic Performance Index with a system of recognition, rewards, sanctions and technical assistance and abolishes the connotations of low-performing and high challenge schools.
http://www2.lsb.state.ok.us/2003-04HB/hb1414_enr.rtf
Title: H.B. 1414 (Accountability Component)
Source: http://www.lsb.state.ok.us

TXSigned into law 05/2003P-12Notwithstanding any other provision of this code, for purposes of determining the performance of a school district under this chapter, including the accreditation status of the district, a student confined by court order in a residential program or facility operated by or under contract with the Texas Youth Commission is not considered to be a student of the school district in which the program or facility is physically located. The
performance of such a student on an assessment instrument or other academic excellence indicator adopted under Section 39.051 shall be
determined, reported, and considered separately from the performance of students attending a school of the district in which the program or facility is physically located. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02683&VERSION=5&TYPE=B
Title: H.B. 2683
Source: http://www.capitol.state.tx.us

TXSigned into law 05/2003P-12Requires dropout rates, including dropout rates and district completion rates for grade levels 9 through 12, be computed in accordance
with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education. The
bill adds to the list of indicators high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the federal No Child Left Behind Act. (Bill Analysis, House Committee) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00186&VERSION=5&TYPE=B

Title: S.B. 186
Source: http://www.capitol.state.tx.us

TXRule Adoption 05/2003P-12Amends rules concerning education administration. Clarifies that Youth Commission schools are accredited under certain provisions. TEXAS REG 85576 (SN)
Title: 37 TAC 91.41
Source: StateNet

WASigned into law 05/2003P-12A new section is added to chapter 28A.630 13 RCW. Creates the special services pilot program to encourage participating school districts to provide early intensive reading and language assistance to students who are struggling academically. The goal of such assistance is to effectively address reading and language difficulties resulting in a substantially greater proportion of students meeting the progressively increasing performance standards for both the aggregate and disaggregated subgroups under federal law. A maximum of two school districts may participate. Ends in 1997 (four years duration). http://www.leg.wa.gov/pub/billinfo/2003-04/House/2000-2024/2012-s2_pl.pdf
Title: H.B. 2012
Source: http://www.leg.wa.gov

WVRule Adoption 05/2003P-12This rule establishes an accountability system to determine the adequate yearly progress of West Virginia public schools and a system of education performance audits which measures the quality of education and the preparation of students based on the standards and measures of student, school, and school system performance and processes. The system of performance audits shall assist the West Virginia Board of Education, the Legislature, and the Governor in ensuring that the high quality educational standards and annual performance measures and progress are met by schools and school systems and that a thorough and efficient system of schools is provided. http://wvde.state.wv.us/policies/p2320_ne.pdf
Title: Title 126, Series 13
Source: http://wvde.state.wv.us/policies

NMSigned into law 03/2003P-12Amends 22-1-2 to add new definition: "adequate yearly progress" means the measure adopted by the state board based on federal requirements to assess the progress that a student, a public school or school district or the state makes toward improving student achievement. Adds Section 22-2A-5. Requires the state board to adopt the process and methodology for determing adequate yearly progress. The statewide standards-based academic performance tests used to assess adequate yearly progress shall be valid and reliable and shall conform with nationally recognized professional and technical standards. Academic performance shall be measured by school and by the following subgroups:
A. ethnicity;
B. race;
C. limited English proficiency;
D. students with disabilities;
http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf
Title: H.B. 212 (Omnibus Bill)
Source: New Mexico Legislature

NMSigned into law 03/2003P-12Outlines procedures and timelines for schools that have failed to make adequate yearly progress for two consecutive years (ranked as a school that needs improvement). These schools must develop an improvement plan with documentation of performance measures in which it failed to make AYP; (2) measurable objectives to indicate the action that will be taken to address failed measures; (3) benchmarks to be used to indicate progress in meeting academic content and performance standards; (4) an estimate of the time and the resources needed to achieve each objective in the improvement plan; (5) the support services that shall be provided to students and applications for federal and state funds; and (6) any other information the public school that needs improvement, the local superintendent, the local school board or the department deems necessary. May apply to the department for financial assistance. Must provide transportation or pay the cost of transportation for students who choose to enroll in a higher ranked school. After 3 consecutive years, the school must provide supplemental services, including after-school programs, tutoring and summer services, within available funds. Requires the state board to adopt rules that govern the priority for studnets for who supplemental services are provided and for whom transportation costs are paid. After 4 consecutive years, the school is subject to corrective action and the district must do one of the following (1) replace staff as allowed by law; (2) implement a new curriculum; (3) decrease management authority of the public school; (4) appoint an outside expert to advise the
public school; (5) extend the school day or year; or (6) change the public school's internal organizational structure. If a public school fails to make adequate yearly progress for 5 consecutive years, the district must take one or more of the following actions: (1) reopen as a charter school; 2) replace all or most of the staff as allowed by law; (3) turn over the management of the public school to the department; or
(4) make other governance changes. Prohibits entering into management contracts with private entities.Section 22-2A-10 establishes a "Schools in Need of Improvement Fund" in the state treasury. http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf
Title: H.B. 212 (Omnibus Bill)
Source: New Mexico State Legislature

NMSigned into law 03/2003P-12Requires school districts to track graduation rates for high school in the district.
Title: S.B. 394
Source: StateNet

SDSigned into law 03/2003P-12Establishes a single, statewide state accountability system. The system is required to hold public schools and public school districts accountable for the academic achievement of their students and must ensure that all public schools and all public school districts make adequate yearly progress in continuously and substantially improving the academic achievement of their students. The system is to be based on reading and math standards, set the additional academic indicator for the public K-8 elementary schools as the annual rate of student attendance and the additional academic indicator for public 9-12 high schools shall be the annual rate of graduation. The timeline for adequate yearly progress must ensure that no later than the 2013-2014 school year, all students meet or exceed the state's proficient level of academic achievement as measured by the state's assessments. Sets annual measurable objectives in both reading and mathematics. Requires annual progress of sub-groups of students, using annual assessment data and data from one additional academic indicator. The school's progress in mathematics and reading shall be compared separately to the state's annual objectives for adequate yearly progress in mathematics and reading. Requires the system to include consequences for schools and districts in the form of sanctions, rewards, and recognition. Delegates details to the state board. http://legis.state.sd.us/sessions/2003/bills/SB40enr.pdf
Title: S.B. 40
Source: http://legis.state.sd.us

OHAdopted 01/2003P-12Board adopted the design for a statewide school building and school district accountability system, which is officially entitled "Ohio's Proposal for a Unitary Accountability System." The measure puts the board on track to fulfill the requirements of the "No Child Left Behind Act of 2001," which requires states to have "a single statewide State accountability system that will be effective in ensuring that all local educational agencies, public elementary schools, and public secondary schools make adequate yearly progress…" A copy of the accountability plan as adopted by the state board is available on the Ohio Department of Education's web page at the following address:  www.ode.state.oh.us/Accountability/default.asp
Title: Resolution
Source: http://www.ode.state.oh.us/board/meetings/january03/minutes.asp

+ No Child Left Behind--Assessment
+ No Child Left Behind--Choice/Transfer
+ No Child Left Behind--Consequences for Schools
+ No Child Left Behind--Finance
+ No Child Left Behind--Parent Involvement
+ 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
+ P-3 Kindergarten--Full-Day Kindergarten
+ P-3 Preschool
+ P-3 Teaching Quality/Professional Development
+ Parent/Family
+ Parent/Family--Parent Rights
+ Postsecondary
+ Postsecondary Accountability
+ Postsecondary Accountability--Accreditation
+ Postsecondary Accountability--Diploma Mills
+ 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--Compensation
+ Postsecondary Faculty--Intellectual Property
+ Postsecondary Faculty--Tenure
+ Postsecondary Finance
+ Postsecondary Governance and Structures
+ Postsecondary Institutions--Community/Technical Colleges
+ Postsecondary Institutions--For-Profit/Proprietary
+ Postsecondary Online Instruction
+ Postsecondary Participation--Access
+ Postsecondary Participation--Admissions Requirements
+ Postsecondary Students--Disabled
+ Postsecondary Success--Completion
+ Postsecondary Success--Developmental/Remediation
+ Postsecondary Success--Transfer/Articulation
+ Private Schools
+ Privatization
+ Promotion/Retention
+ Public Attitudes
+ Public Involvement
+ Reading/Literacy
+ Religion
+ Scheduling/School Calendar
+ Scheduling/School Calendar--Day/Class Length
+ Scheduling/School Calendar--Extended Day Programs
+ Scheduling/School Calendar--Summer School
+ Scheduling/School Calendar--Week
+ Scheduling/School Calendar--Year
+ School Safety
+ School Safety--Bullying Prevention/Conflict Resolution
+ School Safety--Expulsion/Suspension
+ School Safety--No Child Left Behind--Safe Schools
+ School Safety--Sexual Harassment and Assault
+ School Safety--Special Education
+ 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--Shared Services
+ School/District Structure/Operations--Transportation
+ Service-Learning
+ Special Education
+ Special Education--Federal Law/Regulations
+ Special Education--Finance
+ Special Education--Inclusion (Mainstreaming)
+ Special Education--Placement
+ Special Education--Transition
+ Special Populations--Corrections Education
+ Special Populations--Gifted and Talented
+ Special Populations--Homeless Education
+ Special Populations--Immigrant Education
+ Standards
+ Standards--Implementation
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Ballot Questions
+ State Policymaking--Politics
+ State Policymaking--Task Forces/Commissions
+ 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--Employment
+ Students--Mobility
+ 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--Paraprofessionals
+ Teaching Quality--Preparation
+ Teaching Quality--Professional Development
+ Teaching Quality--Recruitment and Retention
+ Teaching Quality--Recruitment and Retention--At-Risk Schools
+ Teaching Quality--Teacher Rights
+ Teaching Quality--Tenure or Continuing Contract
+ Teaching Quality--Unions/Collective Bargaining
+ Teaching Quality--Unions/Collective Bargaining--Strikes
+ Technology
+ Technology--Devices/Software/Hardware
+ Technology--Equitable Access
+ Technology--Funding Issues
+ Technology--Internet Safety
+ Textbooks and Open Source
+ Urban--Governance