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
+ 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
OKEmergency Rule Adoption 11/2003P-12Establishes emergency rules regarding due process hearings, hearing procedure, and probationary teachers. OKLAHOMA REG 12998 (SN)
Title: OAC 210:1-5-8
Source: StateNet

MISigned into law 08/2003P-12Sec. 801. The department shall furnish a report to the legislature on teacher tenure by December 31, 2003. The report shall include at least all of the following: (a) A history of teacher tenure in this state.
(b) A statement of the purpose of teacher tenure and an assessment of the current need for teacher tenure.
(c) A history of administrative law cases related to teacher tenure.
(d) The number of teacher tenure cases heard by administrative law judges for the most recent year for which data is available.
(e) An estimate of the cost incurred by the department related to teacher tenure.
http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2003-PA-0145.pdf
Title: H.B. 4391 (multiple provisions)
Source: www.michiganlegislature.org

NCSigned into law 07/2003P-12Shortens the probationary period for career teachers when they change school systems or return to teaching after leaving the profession.
Title: H.B. 38
Source: StateNet

ALSigned into law 06/2003P-12Relates to the Teacher Tenure Act; streamlines the contest and appeals processes for teachers; clarifies the procedures to be followed when a teacher is suspended; provides that teachers would have contract cancellation, transfer, and suspension contests heard by a hearing officer from the Federal Mediation and conciliation Service; provides for the hearing officer's decision in cancellations and suspensions. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp?SESSION=1027
Title: S.B. 2
Source: Alabama Legislative Web site

GASigned into law 06/2003P-12Provides for an annual increase in state pay for certain teachers; individuals who first became teachers on or after July 1, 2000, acquire rights to continued employment; provides procedures for hearings for such persons; provides for selection of a tribunal, transcripts, legal questions, burden of proof, decisions of the local board, and appeals. http://www.legis.state.ga.us/legis/2003_04/sum/sb193.htm

Title: S.B. 193
Source: Georgia Legislative Web site

LASigned into law 06/2003P-12Adds a charge of immorality as a cause for dismissal of a teacher, bus driver, or permanent employee; defines immorality as conviction of a felony offense against the public morals.
http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB778&doctype=BT
Title: H.B. 778
Source: www.legis.state.la.us

NHSigned into law 06/2003P-12Relates to the process for nonrenewal of teacher contracts. Adds provisions that a request for review under this section constitutes the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher and that the state board of education shall uphold a decision of a local school board to nonrenew a teacher's contract unless the local school board's decision is clearly erroneous. http://gencourt.state.nh.us/legislation/2003/SB0076.html
Title: S.B. 76
Source: http://gencourt.state.nh.us

OKSigned into law 06/2003P-12Defines career teacher pretermination hearing as the informal proceeding before the local board of education held for the purpose of providing a meaningful opportunity to invoke the discretion of the decision maker after a recommendation for dismissal or nonreemployment of a career teacher has been made but before any final action is taken on the recommendation in order to ensure that the career teacher is afforded the essential pretermination due process requirements of notice and an opportunity to respond. The superintendent or desingee is required to specify the statutory ground upon which the recommendation is based and the superintendent or designee must also specify the underlying facts and provide an explanation of the evidence supporting the recommendation for the dismissal or nonreemployment of the career teacher. The career teacher or designee must be given a "meaningful" opportunity to present reasons, either in person or in writing, why the proposed action should not be taken. A probationary teacher hearing must be conducted by the local board in an open meeting. http://www2.lsb.state.ok.us/2003-04HB/hb1767_enr.rtf
Title: H.B. 1767 (Omnibus Bill)
Source: http://www2.lsb.state.ok.us

TXSigned into law 06/2003P-12If the district has an Internet website, the district is required to place the board's employment policies on that website. At each school in the
district, the board is required to make a copy of the board's employment policies available for inspection at a reasonable time on request.
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00912&VERSION=5&TYPE=B
Title: H.B. 912
Source: http://www.capitol.state.tx.us/

TXSigned into law 06/2003P-12Under current law, a person who is employed as a teacher by a school district for the first time, or who has not been employed by the district
for two consecutive school years subsequent to August 28, 1967, is required to be employed under a probationary contract. Teacher contract
laws do not allow a school district to hire a former teacher who has had a lapse in service from that school district on a probationary contract, f
the teacher had attained term or continuing contract status in that district before the lapse in service. H.B. 558 authorizes a person who previously was employed as a teacher by a district and, after at least a two-year lapse in district employment returns to district employment, to be employed under a probationary contract (Senate Research Center analysis). http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00558&VERSION=3&TYPE=A
Title: H.B. 558
Source: http://www.capitol.state.tx.us

GASigned into law 05/2003P-12Relates to annual contracts for teachers; provides that teacher and other professional employee contracts shall be complete in all terms and conditions, including the amount of compensation for the ensuing school year, when presented to the teacher or professional employee of the school system. http://www.legis.state.ga.us/legis/2003_04/fulltext/sb223.htm
Title: S.B. 223
Source: Georgia Legislative Web site

IASigned into law 05/2003P-12Requires any local board, superintendent or head of any nonpublic school to report to the state educational examiners board every instance of revocation or nonrenewal of a school employee's contract due to alleged or actual misconduct, as well as the resignation of the individual holding the license or authorization from the educational examiners board, when the incident or allegation concerns a crime that requires the licensing board to automatically revoke or deny certification, if the local board or reporting official has good cause to believe the incident took place or the allegation is true. Specifies that such information reported to the educational examiners board is confidential and, notwithstanding special circumstances, is not subject to discovery, subpoena or other forms of legal compulsion for release to any individual other than the respondent and the examiners board and its employees involved in licensee discipline, and is not admissible in evidence in judicial or administrative proceedings beyond the proceeding concerning licensee discipline. Requires the educational examiners board to review the information to determine whether a complaint should be initiated, taking into account the crimes for which a license must be denied or revoked according to state statute.
See Section 16: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html
Title: H.B. 549 (omnibus bill)
Source: www.legis.state.ia.us

INSigned into law 05/2003P-12Allows flexibility in the time when a school corporation must hold a conference on the nonrenewal of the contract of a nonpermanent teacher so that both the open door law and the nonpermanent teacher's contract rights law are not violated. http://www.in.gov/serv/lsa_billinfo?year=2003&request=getBill&docno=1734
Title: H.B. 1734
Source: Indiana Legislative web site

LASigned into law 05/2003P-12States that existing provision barring teachers promoted to a higher position in a special school after from gaining tenure in such positions until teacher has spent three years in the new position applies only to teachers whose promotion occured before July 1, 2003. New language states that whenever teacher who has gained tenure in a special school is promoted to position of higher salary or status, this teacher does not gain permanent status in the position but rather retains permanent status as a teacher. Specifies that where a teacher has not completed the required probationary period and is promoted to a position of higher status or salary, the probationary period continues, and at the end of the three-year probationary period, the teacher must automatically acquire permanent status in the formerly held position of teacher. Specifies that a person hired for a position of higher salary or status than that of a teacher in the system and the employment in the position of higher salary requires a teaching certificate or administrative endorsement or both, will automatically gain permanent status in the position of teacher after completing three years' service in the position he or she was hired for, or in such position and one or more other such positions provided the person is qualified to teach. Requires any person promoted to a higher position to have a standard Louisiana teaching certificate and appropriate administrative endorsement when a teaching certificate is a requirement for the position to which the person is being promoted. Bars anyone holding a provisional teaching certificate from being promoted to a higher position, except when a person meeting the requirements is not available for employment in the special school.
Special schools defined: http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=17&section=43
http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB567&doctype=BT
Title: H.B. 567
Source: www.legis.state.la.us

TXSigned into law 05/2003P-12Currently, school districts seeking an alternative to discharging a teacher employed under a continuing contract, or terminating or nonrenewing a teacher employed under a term contract, have limited options. School districts may return the teacher to probationary contract status, but only with the teacher's consent, and only when such consent is given after the school district has provided prior written notice to the teacher of its intent to otherwise discharge, terminate, or nonrenew. H.B. 1113 creates a new option for school districts and teachers when faced with returning a teacher to probationary status by agreement. (Bill analysis, Senate Research Center) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01113&VERSION=5&TYPE=B
Title: H.B. 1113
Source: http://www.capitol.state.tx.us

TXSigned into law 05/2003P-12Previously, the Texas Education Agency (TEA) appointed an examiner on a rotating basis when it is notified of a contract dispute. If both the district and the employee involved in the dispute agree to disallow the original examiner, they can both appoint another that is agreeable to both parties. S.B. 893 authorizes the parties to select a hearing examiner and requires the parties to inform the commissioner of education of the choice. This bill also increases the time frame in which the examiner has to complete the findings of fact and authorizes certain entities to amend or reject the examiners finding of fact. (Committee Report) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00893&VERSION=5&TYPE=B

Title: S.B. 893
Source: http://www.capitol.state.tx.us

AZSigned by Governor 04/2003P-12Provides that the governing board of a school district shall develop a definition of inadequacy of classroom performance relating to the board's intention not to reemploy teachers. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=SB1330
Title: S.B. 1330
Source: State legislative web site

KSSigned into law 04/2003P-12Amends language relating to hearings provided upon notice of nonrenewal or termination of contracts of employment. http://www.kslegislature.org/bills/2004/119.pdf
Title: S.B. 119
Source: www.kslegislature.org

ARSigned into law 03/2003P-12Allows a teacher to have a witness or representative of the teacher's choice present during any disciplinary or grievance matter upon request of the teacher. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/HB2514.pdf
Title: H.B. 2514
Source: State legislative web site

SCSigned into law 03/2003P-12(Joint Resolution) Provides that the school districts of this state may furlough district personnel to the extent necessary to avoid a year end deficit and a reduction in force; provides the terms and conditions of a furlough pursuant to this provision.
Title: S.B. 375
Source: StateNet

UTSigned into law 03/2003P-12Section 53A-3-411 prohibits local boards from entering into a collective bargaining agreement that prohibits or limits individual contracts of employment. (Contract terms were already limited to no more than five years.) Defines alternative certification to include competency-based licensure. Section 53A-6-104.5 defines competency-based licensing. Local boards or charter schools may request a competency-based license for a person who meets the following qualifications: elementary staff must hold at least a bachelor's degree and have demonstrated, by passing a rigorous state test, subject knowledge and teaching skills in core areas of the elementary curriuclum; middle or secondary candidates must hold at least a bachelor's degree and have demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by passing a rigorous state academic subject test in each area taught and completed an academic major, graduate degree, course work equivalent to an undergraduate academic major, or advance certification in subjects taught. A license candidate who teaches subjects other than a core academic subject at any level must hold a bachelor's degree, associate's degree or skill certification; and have skills, talents, or abilities, as evaluated by the employing entity, that make the person suited for the teaching position. Section 53A-8-106 says that employees holding competency-based licenses are at-will employees and are not eligible for career employee status (unless they hold a level 1, 2 or 3 license.) http://www.le.state.ut.us/~2003/bills/sbillenr/sb0154.pdf
Title: S.B. 154 (Omnibus Bill)
Source: http://www.le.state.ut.us

+ 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