ECS
From the ECS State Policy Database
2004 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 2004. 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--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--Computer Based
+ Assessment--End-of-Course
+ Assessment--Formative/Interim
+ Assessment--High Stakes/Competency
+ Assessment--NAEP (NAEP Results and NAEP Organization)
+ Assessment--Performance Based/Portfolio
+ Assessment--Value Added
+ 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--Charter Districts
+ 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--Excusal
+ Curriculum--Family Living Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Health/Nutrition Education
+ Curriculum--International Education
+ Curriculum--Language Arts
+ Curriculum--Language Arts--Writing/Spelling
+ Curriculum--Mathematics
+ Curriculum--Multicultural
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Data-Driven Improvement
+ Demographics--Enrollments
+ Desegregation
+ Economic/Workforce Development
+ Education Research
+ Equity
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Aid to Private Schools
+ Finance--Bonds
+ Finance--District
+ Finance--Equity
+ Finance--Facilities
+ Finance--Funding Formulas
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
+ Finance--Private Giving
+ Finance--Resource Efficiency
+ Finance--State Budgets/Expenditures
+ Finance--Student Fees
+ Finance--Taxes/Revenues
+ Finance--Taxes/Revenues--Alternative Revenues
+ Governance
+ Governance--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--Nutrition
+ Health--School Based Clinics or School Nurses
+ Health--Suicide Prevention
+ Health--Teen Pregnancy
+ High School
+ High School--Advanced Placement
+ High School--Dual/Concurrent Enrollment
+ High School--Exit Exams
+ High School--GED (General Education Development)
+ High School--Graduation Requirements
+ High School--International Baccalaureate
+ Instructional Approaches--Grading Practices
+ Instructional Approaches--Homeschooling
+ Instructional Approaches--Problem Based Learning
+ Instructional Approaches--Tracking/Ability Grouping
+ 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
+ Middle School
+ Minority/Diversity Issues
+ Minority/Diversity Issues--African American
+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ Minority/Diversity Issues--Hispanic
+ No Child Left Behind
+ No Child Left Behind--Adequate Yearly Progress
+ No Child Left Behind--Assessment
+ No Child Left Behind--Choice/Transfer
- No Child Left Behind--Consequences for Schools
CASigned into law 09/2004P-12Requires the county superintendent, for purposes of enforcing the use of required textbooks and instructional materials, to specifically review at least annually schools that are ranked in any of deciles 1 to 3, inclusive, of the 2003 base Academic Performance Index and that are not currently under review through a state or federal intervention program. If the county superintendent determines that a school does not have sufficient textbooks or instructional materials, the bill would require the county superintendent to prepare a report that identifies and documents the areas or instances of noncompliance, provide a copy of the report to the school district, forward the report to the Superintendent of Public Instruction, and provide the school district with the opportunity to remedy the deficiency. If the deficiency is not remedied, the county superintendent is required to request the State Department of Education, with approval by the State Board of Education, to purchase textbooks or instructional materials for the school. Requires that the funds necessary for the purchase be considered a loan to the school district to be repaid based upon an agreed-upon schedule with the Superintendent of Public Instruction, or by deducting an amount from the district's next principal apportionment or other apportionment of state funds. Authorizes the department to expend up to $5,000,000 from the State Instructional Materials Fund to acquire instructional materials for school districts for purposes of these provisions. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf
Title: S.B. 550 (multiple provisions)
Source: California Legislative Web site

CASigned into law 09/2004P-12Requires the state department of education to identify and notify local educational agencies that are in danger of being identified within three to four years as program improvement local educational agencies under the federal No Child Left Behind Act of 200. Requires the department to provide those local educational agencies with research-based criteria to conduct a voluntary self-assessment using department-provided materials and criteria based on current research. Requires the department to invite any local education agency at risk of being identified for program improvement within two years to participate in the Prevention of Local Education Agency Intervention Program, hereby created, which includes a self-assessment as well as follow-up procedures. Requires a local education agency identified for program improvement under NCLB to (1) conduct a self-assessment using the department-provided materials and criteria, (2) contract with a county office of education or another external entity for specified assistance, (3) expeditiously implement the LEA plan based on the self-assessment findings, and (4) contract with an external provider for technical assistance.
Specifies possible sanctions against a local education agency identified for corrective action under NCLB and that did not accept a supplemental grant, as well as sanctions against a local education agency identified for corrective action under NCLB and that did accept a supplemental grant. Authorizes state superintendent to require a local education agency to contract with a district assistance and intervention team to aid a local educational agency.
Provides additional funding to local educational agencies for schools identified as program improvement schools or potential program improvement schools under the federal No Child Left Behind Act of 2001, with certain requirements. http://www.leginfo.ca.gov/pub/bill/asm/ab_2051-2100/ab_2066_bill_20040918_chaptered.pdf
Title: A.B. 2066
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12Provides that a school participating in the High Priority Schools Grant Program that received a planning grant in the 2001-02 fiscal year is eligible to receive program funding in only the 2002-03, 2003-04 and 2004-05 fiscal years. http://www.leginfo.ca.gov/pub/bill/asm/ab_1951-2000/ab_1987_bill_20040924_chaptered.pdf
Title: A.B. 1987
Source: StateNet

GAAdopted 07/2004P-12Clarifies rules regarding statewide accountability, applicable definitions, school profiles, and awards and consequences; creates a single statewide accountability system consistent with state and federal law; provides valid, reliable accountability determinations at school, local education agency and state levels with the purpose of promoting continuous improvement in student achievement levels; provides annual profiles for every school and local education agency.
http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.01.pdf; http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.02.pdf; http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.03.pdf; http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.04.pdf
Title: GAC 160-7-1-.01 thru -.04
Source: Georgia State Web site

SCSigned into law 07/2004P-12Authorizes the state board to implement a training program for the school district board of trustees and the district superintendent; authorizes the state board to act as a mediator of personnel issues between the district board and district superintendent; provides that the education oversight committee recruit and train citizens to form a pool for the appointment of nonvoting members to the district board. http://www.scstatehouse.net/sess115_2003-2004/bills/90.htm
Title: S.B. 90
Source: http://www.scstatehouse.net

IDTemporary Rule Adoption - Concurrently Proposed 06/2004P-12Clarifies rules between school and district/LEA sanctions for failing to meet Adequate Yearly Progress (AYP) under the federal 'No Child Left Behind' Act. Renames School Improvement to distinguish between the plans required for all Idaho schools and that are required for failing to meet AYP. Alternate Governance was renamed "Restructuring". Clarifies the difference under the federal law for the two phases of restructuring: creating a plan for alternative governance and the actual restructuring of a school. This rulemaking clarifies that difference. Create a separate District/Local Education Agency (LEA) section to more clearly outline the sanctions that apply only to districts/LEAs and outline the previous sanctions that continue to be applicable with increasing sanctions and years missing AYP.
http://www2.state.id.us/adm/adminrules/rules/idapa08/0203.pdf
Title: IDAPA 08.02.03 §114
Source: Idaho State Web site

LASigned into law 06/2004P-12Defines "academically in crisis" district and "academically unacceptable" school. Requires state superintendent to notify the state board, the president of the local board and the local superintendent when a district is found to be academically in crisis. Limits authority of notified local board. Gives notified local superintendent sole and exclusive authority for all other policy, operation and other matters. Limits notified local superintendent's contract to five years. Requires local superintendent, within 180 days of notification, to submit a report to the local board, state board and legislative auditor on the benefits of outsourcing all or some of the district's financial operations. Within 120 days of notification, local superintendent must develop a structured system improvement plan with specified content and submit the plan to the state board for approval. Upon approval of plan, the superintendent must report quarterly to the state and local boards on the progress of implementing the plan. Bars board of "academically in crisis" district from contracting or employing a superintendent or terminating the contract or employment of the incumbent superintendent unless by at least two-thirds vote of the board, and specifies that notified superintendent may receive no salary decrease while district is academically in crisis. Specifies method by which superintendent must be replaced in event of termination of notified superintendent. Requires notified local board to contract with an independent licensed certified public accountant to conduct an audit of the district finances and financial practices. The audit report must be submitted to the local board, the local superintendent and the legislative auditor. Specifies action to be taken following submission of audit report.

Requires state superintendent to provide to academically in crisis district a team of distinguished educators to provide a team of distinguished educators to provide expertise, direction and support to the district.

A district identified as academically in crisis must continue to be identified as such until student academic performance improves sufficiently to release the district from identification, and all audit findings are corrected.

http://www.legis.state.la.us/leg_docs/04RS/CVT7/OUT/0000LRSN.PDF
Title: H.B. 1659
Source: www.legis.state.la.us

TNSigned into law 06/2004P-12Chapter No. 832. Renames low performing schools and school districts as high priority schools and school districts; allows the commissioner to award grants to individual school systems of up to $50,000, to LEAs for planning and implementation purposes. Allows the commissioner to authorize up to 24 school systems to operate as innovative educational programs which emphasize school-based decision making and the creation of small learning communities. Provides that a school operating an innovative education program is not a charter school and cannot convert to a charter school after being authorized to conduct an innovative education program. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0832.pdf
Title: H.B. 1175
Source: http://www.legislature.state.tn.us

OHRule Adoption 05/2004P-12Rescinds rules pertaining to process and indicators used to identify excellent schools and districts, corrective action plans, state monitors, and academic watch and academic emergency districts. Amends rules regarding provisions for granting exemptions from state statutory provisions and rules. Proposes new rules regarding school building and district improvement planning, parent notification, and consequences procedures. OHIO REG 11285 (SN)
Title: OAC 3301-15-01 thru -05, -56-01
Source: StateNet

KYSigned into law 04/2004P-12Requires a scholastic audit team, when auditing a school that for two successive accountability cycles has failed to meet its goal, to include actions to improve the functioning of the school council and make recommendations concerning the council in the improvement plan; requires the audit team to recommend to the commissioner of education if the authority of the school council should be transferred. http://www.lrc.state.ky.us/RECORD/04RS/SB111/bill.doc
Title: S.B. 111
Source: StateNet

LAAdopted 04/2004P-12Adopts rules relating to the implementation of fundamental changes in the classroom by helping schools and communities focus on student achievement. Clarifies method for calculating a School Performance Score for elementary, middle and high schools. Establishes timelines for schools in School Improvement to submit improvement plans, expands the details of the Supplemental Educational Services process, specifies how LEAP Alternative Assessment students are included in NRT calculations, and creates required definitions for English language proficiency. http://www.doa.state.la.us/osr/reg/0404/0404RUL.pdf (see pages 22-27 of 71)
Title: LAC 28:LXXXIII.303, 311, 1701, 2701, 2702, 2703, 2713, 2715, 2717, 2719, 2721, 3905, 4001, 4003, 4005
Source: http://www.doa.state.la.us/osr

VASigned into law 04/2004P-12Modifies provisions. When the state board has obtained evidence through the school academic review process that the failure of schools within a division to achieve full accreditation status is related to division level failure to implement the Standards of Quality, the board may require a division level academic review. After the conduct of such review and within the time specified by the board of Education, each school board shall submit for approval by the board a corrective action plan. The board has the authority to mandate or otherwise enforce compliance with such standard, including the development or implementation of any required corrective action plan that a local school board has failed or refused to develop or implement in a timely manner. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+HB1294ER
Title: H.B. 1294
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+HB1294ER

WVSigned into law 03/2004P-12On-site review processes are to be conducted only at the specific direction of the state board upon its determination that the performance and progress of the school or school system are persistently below standard or other circumstances exist that warrant an on-site review (and have been below standard for three consecutive years). Includes early detection and intervention programs. Amends duties of the office of education performance audits. Provides that prior to declaring the position of principal vacant, the state board must make a determination that all other resources needed to correct the impairment are present at the school. http://129.71.164.29/Bill_Text_HTML/2004_SESSIONS/RS/House/H_BILLS/hb4001%20enr.htm
Title: H.B. 4001
Source: West Virginia Legislative Web Site

WYSigned into law 03/2004P-12Modifies statewide student assessment (WyCAS) to conform with NCLB by expanding grades assessed from grades 4, 8 and 11 to grades 3 through 8 and grade 11 commencing with school year 2005-2006, and by expanding assessment subjects from reading, writing and math to include science effective school year 2007-2008;
·         Imposes additional assessment requirements and criteria;
·         Establishes a statewide accountability system providing annual school and district accountability determinations imposing a range of educational consequences as required by NCLB;
·         Continues the statewide task force established in 2003 to work with the state superintendent in continuing development of assessment and accountability systems;
·         Establishes a process for transitioning from WyCAS to a revised assessment system by requiring a pilot testing of the revised assessment in school year 2004-2005 prior to implementation in school year 2005-2006;
·         Requires a transitional accountability plan providing a temporary system of rewards and sanctions for all schools and school districts during school year 2004-2005, with recommendations for a permanent plan to be assembled;
·         Task force and state superintendent work efforts to be reported to the state board of education, management council and joint education interim committee. http://legisweb.state.wy.us/2004/enroll/hb0126.pdf
Title: H.B. 126
Source: http://legisweb.state.wy.us

ARSigned into law 01/2004P-12Adds Ark. Code 6-15-1902(e), 6-15-1907. School receiving annual improving category Level 5 or Level 4 are eligible for school recognition awards and performance-based funding; outlines rewards. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf
Title: S.B. 33 § 6
Source: Arkansas Legislative web site

ARSigned into law 01/2004P-12Adds Ark. Code 6-15-1903, 6-18-227. Students attending schools receiving an annual performance category Level 1 for two consecutive years must be offered a transfer under the Arkansas Opportunity Public School Choice Act of 2004. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf
Title: S.B. 33 §§ 6, 7
Source: Arkansas Legislative Web site

WVSigned into law 01/2004P-12Requires the state board to adopt system standards, including student performance and progress, school and school system progress, etc. Requires performance measures to incude graduation rate, dropout rate, attendance, student performance; percentage of graduates who enroll in college immediately and within one year; percentage of graduates who receive additional certification or other competence above what was required for graduation. Sets indicators for determining efficiency. Establishes a system of performance audits that are primarily based on achievement information. Requires technical assistance. Establishes rewards for exemplary performance or practices and levels of sanctions for schools performing below standards. Includes restructuring for schools seriously impaired over time. Requires that students be allowed to transfer from seriously impaired schools. Requires intervention in "nonapproval" status districts.
Title: H.B. 4111
Source: StateNet

+ No Child Left Behind--Finance
+ No Child Left Behind--Parent Involvement
+ No Child Left Behind--Reauthorization Issues/Waivers
+ 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 Brain Development
+ P-3 Child Care
+ P-3 Content Standards and Assessment
+ 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--Teaching Assistants
+ Postsecondary Faculty--Tenure
+ Postsecondary Finance
+ Postsecondary Governance and Structures
+ Postsecondary Institutions--Community/Technical Colleges
+ Postsecondary Institutions--For-Profit/Proprietary
+ Postsecondary Institutions--Private/Independent
+ Postsecondary Online Instruction
+ Postsecondary Participation--Access
+ Postsecondary Participation--Admissions Requirements
+ Postsecondary Participation--Affirmative Action
+ Postsecondary Students--Disabled
+ Postsecondary Students--Graduate/Professional
+ Postsecondary Success--Developmental/Remediation
+ Postsecondary Success--Transfer/Articulation
+ Private Schools
+ Promotion/Retention
+ Public Involvement
+ Reading/Literacy
+ Religion
+ Rural
+ Scheduling/School Calendar
+ Scheduling/School Calendar--Extended Day Programs
+ Scheduling/School Calendar--Summer School
+ Scheduling/School Calendar--Year
+ Scheduling/School Calendar--Year Round
+ School Safety
+ School Safety--Bullying Prevention/Conflict Resolution
+ School Safety--Code of Conduct
+ School Safety--Expulsion/Suspension
+ School Safety--No Child Left Behind--Safe Schools
+ School Safety--Sexual Harassment and Assault
+ School/District Structure/Operations
+ School/District Structure/Operations--District Consolidation/Deconsolidation
+ School/District Structure/Operations--Facilities
+ School/District Structure/Operations--Food Service
+ School/District Structure/Operations--Libraries
+ School/District Structure/Operations--Personnel (Non-Teaching)
+ School/District Structure/Operations--School Size
+ School/District Structure/Operations--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--Homeless Education
+ Special Populations--Military
+ Standards
+ Standards--Implementation
+ State Comparisons/Statistics
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Ballot Questions
+ State Policymaking--Constitutional Clauses
+ 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
+ Technology
+ Technology--Devices/Software/Hardware
+ Technology--Equitable Access
+ Technology--Funding Issues
+ Technology--Teacher/Faculty Training
+ Textbooks and Open Source
+ Urban