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
+ 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
CASigned into law 10/2003P-12Requires a school district to accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. Requires pupils paced in licensed children's institutions or foster family homes to attend programs operated by the local educational agency. Requires certain school districts to designate a staff person as liaison for enrolled foster children. States legislative intent to ensure that a pupil in foster care or who is homeless, as defined by specified federal law, has the opportunity to meet the academic achievement standards to which all pupils are held, is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities as all other pupils.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0451-0500/ab_490_bill_20031012_chaptered.html
Title: A.B. 490
Source: California Legislative Web site

DERule Adoption 10/2003P-12Amends regulation 901, Education of Homeless Children and Youth, to be consistent with the provisions of the McKinney-Vento Homeless Education Assistance Improvement Act, of 2001, that ensures educational rights and protections for children and youth experiencing homelessness. Repeats the definition of 'Homeless Children and Youths' from the federal statute. Includes a process for dispute resolution concerning school selection or enrollment issues as required by the federal statute. http://www.state.de.us/research/AdminCode/Education/Education%20Administrative%20Code%20-%20900%20Special%20Populations.htm#P7_81
Title: 14 DAC 901
Source: Delaware State Web site

NHSigned into law 07/2003P-12Relates to legal residency for the purpose of public school education; changes the definition of legal residency for homeless children and youths; provides that disputes regarding residency shall be resolved by the commissioner of the department of education, or a designee.
Title: H.B. 568
Source: StateNet

MESigned into law 06/2003P-12Expands definition of homeless student to comply with definition required under federal No Child Left Behind Act of 2001, including provision that homeless student the child of a parent or guardian who is homeless. Requires commissioner-adopted rules on homeless education to implement the 2001 reauthorization of the McKinney-Vento Act found within the federal No Child Left Behind Act of 2001. Requires such rules to include provisions to address transportation and health records as a barrier to school admission for homeless students.
http://www.mainelegislature.org/legis/bills/billtexts/LD157701-1.asp
Title: S.P. 538 (LD 1577) (omnibus bill)
Source: www.mainelegislature.org

MESigned into law 06/2003P-12This bill does the following:
1. It adds "emotional disability" to the definition of "exceptional student" in the Maine Revised Statutes, Title 20-A,
section 7001;
2. It adds "undue burden" as a requirement concerning requests for extension of leased space agreements relating to local school administrative units;
3. It amends the definition of "homeless student" in compliance with the provisions of federal law;
4. It amends the homeless student provisions to be addressed by Department of Education rules to implement federal law;
5. It amends and clarifies the section of the statute defining the tuition rate that may be charged by schools receiving tuition students who are enrolled in regular school day applied technology educational programs at applied technology centers. It adds language establishing the tuition rate that may be charged by the applied technology center, satellite or region; and
6. It amends the statutes regarding local funding requirements for gifted and talented programs and the reporting dates and implementation dates for those programs. http://www.mainelegislature.org/legis/bills/billtexts/LD157701-1.asp
Title: S.P. 538
Source: http://www.mainelegislature.org

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

MDSigned into law 05/2003P-12Defines "informal kinship care" as a child who is not under the care or custody of social services living with a relative due to serious family hardship. Defines "serious family hardship." Requires a district receiving a child living in an informal kinship care situation to receive an appropriate education and include the child into its FTE enrollment. Except under certain circumstances, the district the child left must pay the receiving district the local current per-pupil expense in the sending district or receiving district, whichever is less. If the child is disabled, the sending district must pay the receiving district three times the local current per-pupil expense of the sending or receiving district, whichever is less. If the child is disabled and needs a nonpublic educational program, the sending district must pay. Requires every receiving district to give the state superintendent the name of every child in an informal kinship care relationship in its district, and make a preliminary determination of the sending district responsible for each child in informal kinship care. Establishes system by which sending district determined to be financially responsible may appeal that determination to the state superintendent within 30 days of mailing of notification by receiving agency to state superintendent. Superintendent has authority to make final determination on sending district's financial responsibility.

Requires a county superintendent to allow a child living in informal kinship care to attend school in the superintendent's district upon submission of a sworn affidavit from the relative providing informal kinship care. Specifies the required content and form of the sworn affidavit. Specifies that the parent or legal guardian of a child in an informal kinship care relationship has final decisionmaking authority on the child's educational needs. Specifies data that districts are required to report to the department on or before September 1, 2003 regarding family hardship waivers.
Title: S.B. 32
Source: StateNet

MDSigned into law 05/2003P-12Defines "residential child care program" and specifies that group homes, alternative living units and emergency shelter care are classified as such. Requires a licensed operator of a residential child care program who receives state funding and who has legal custody of a child at least 5 but less than 16 to enroll the child in the school system in which the program is located, unless the program runs an approved educational program in accordance with the licensing regulations for the residential child care program. Also requires the operator to expeditiously start and monitor the transfer of the child's academic records, to ensure that the records are transferred to the school the child will attend while living at the program. Allows an operator to ask for a meeting with the child's teachers, and requires the operator to meet the child's teachers when enrolling the child and at any other time the school or teacher requests. Requires the operator to sign the child's report card, make sure the report card is returned to school, and keep a copy of the report card in the child's case record. Requires the department licensing the group home to inform any relevant group home of these requirements. http://mlis.state.md.us/2003rs/bills/sb/sb0178e.rtf
Title: S.B. 178
Source: mlis.state.md.us

+ 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