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
+ 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
MTRule Adoption 12/2004P-12
Postsec.
Relates to out-of-state attendance agreements. The superintendent of public instruction shall
provide payment of the amount calculated in (4)(a), but not
more than the amount of tuition paid by the district for
resident students who attended school out-of-state, in the
year the out-of-district attendance report is submitted,
provided it is submitted with documentation
of payment, to the superintendent of public instruction within
the school year following the year of attendance
Title: ARM 10.10.301C
Source: StateNet

ILSigned into law 10/2004Postsec.Amends the Illinois Educational Labor Relations Act. Makes a change in a section concerning definitions to include graduate students who are research assistants or teaching assistants performing pre-professional duties. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=093-1044
Title: S.B. 1070
Source: Illinois Legislative Web site

MASigned into law 10/2004Postsec.Relates to providing creditable service for retirement purposes for certain research faculty employed at the University of Massachusetts. Provides that any member employed by the University and subsequently directed to accept employment with an institute or foundation supporting research facility, was so employed in furtherance of a contract for services between the University and any such institute or foundation, shall be allowed as creditable services; relates to retirement makeup payments.
Title: H.B. 2873
Source: StateNet

CASigned into law 09/2004Community College
Postsec.
Excludes community college faculty members from mandatory membership in the Defined Benefit Program as long as they are defined as temporary employees. Makes related technical and conforming changes with respect to the Cash Balance Benefit Program. http://www.leginfo.ca.gov/pub/bill/asm/ab_3051-3100/ab_3076_bill_20040910_chaptered.html
Title: A.B. 3076
Source: California Legislative Web site

CASigned into law 09/2004Community College
Postsec.
Requires the Board of Governors of the California Community Colleges to provide recommendations to the Legislature and Governor regarding the design of a workable structure for annual evaluation of district-level performance. Sets forth criteria with which a community college district could utilize a portion of the funds of the Budget Act of 2004 for program enhancements. Requires the amount allocated for part-time faculty be used to increase the part- time faculty compensation.
Title: A.B. 1417
Source: StateNet

CAVetoed 09/2004Postsec.
Community College
Requires the board of governors and the trustees, and would request the regents, to adopt policies regarding the appropriate balance of temporary and permanent/tenure-track faculty for their respective systems and to report these respective policies, and the rationales therefor, in written reports to the Legislature, to be submitted no later than January 1, 2005.

Requires the board of governors and the trustees, and would request the regents, to submit an annual report to the Legislature setting forth the ratio of permanent/tenure-track faculty to temporary faculty who are employed by their respective systems and how this ratio compares to their respective systemwide policies. Require the board of governors and the trustees, and would request the regents, to submit, no later than January 1, 2006, a report to the Legislature on the activities reserved for permanent/tenure-track faculty in their respective systems.

Expresses the intent of the Legislature that the board of governors, trustees, and the regents provide adequate pro rata compensation to temporary faculty who agree to perform functions usually restricted to permanent/tenure-track faculty and direct an examination of faculty promotion, tenure, and review policies and practices, and revise them, as needed, to ensure that teaching excellence is given significant weight in decisions that affect the compensation awarded to faculty.

http://www.leginfo.ca.gov/pub/bill/asm/ab_0201-0250/ab_242_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_242_veto.pdf
Title: A.B. 242
Source: www.leginfo.ca.gov

ALIssued 08/2004P-12
Postsec.
Community College
The governor issued Executive Order No. 02-2003 on January 30, 2003, creating the Governor's Commission of Education Spending. The Commission was to engage in a thorough examination of how education dollars have been spent in Alabama during the past ten years. http://www.governorpress.state.al.us/pr/ex-02-2003-01-30.asp

The Highlights of the Initial Report focused on: (1) Management and Accountability Reforms for K-12; (2) Student Assessment and Accountability for K-12; (3) Management and Accountability Reforms for the Alabama College System; (4) Management and Accountability Reforms for University Governance; (4) Reforms in Terms of Public Employment; and (5) Education Trust Fund Accountability.

The Working-Group Sessions (December 2003) made the following proposals: (1) Achieve the maximum savings possible from non-state and non-education agencies; (2) Freeze the state appropriations to PEEHIP at the Fiscal 2004 level; (3) Allocate higher education cutbacks to institutions; and (4) Allocation K-12 education cutbacks to school systems. http://www.alabama.gov/onlineservices/egov_pdfs/ESCReport11404.pdf
Title: Executive Order No. 02-2003
Source: Alabama State Web site

ILSigned into law 08/2004Postsec.
Community College
Amends the Illinois Consortium for Educational Opportunity Act. Changes the short title to the Diversifying Higher Education Faculty in Illinois Program. Provides that institutions that grant doctoral degrees must have representatives on the Board. Makes changes concerning the definition of "institution of higher education", the Program Board, assistance to graduates, subcommittees, reporting, grants, and other matters.http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0862
Title: S.B. 3107
Source: Illinois Legislative Web site

RIBecame law without GOVERNOR'S signature. 07/2004Postsec.
Community College
Raises the amount of part-time gross pay retired professors and teachers may earn from employment by a state college of the department of education from $12,000 to $18,000.
Title: H.B. 7948
Source: StateNet

OKSigned into law 06/2004Postsec.
Community College
Adds a new section of law. Enacts the Alternate Retirement Plan for Eligible Employees of Participating State Institutions of Higher Education Act of 2004. Alternate retirement plans, shall, for eligible employees and electing employees, provide retirement and death benefits to such employees through the purchase of annuity contracts, qualified retirement trusts or custodial accounts, fixed or variable in nature, or a combination thereof, at the option of the participating institution. Participating institutions establishing an alternate retirement plan pursuant to this act shall pay an initial funding surcharge, and if applicable an additional funding surcharge to the Teachers' Retirement System of Oklahoma in an amount to amortize the unfunded accrued liability of the members of the participating institutions in the System. Provides for authority to establish plans and procedures related thereto; provides for designation of annuities. http://www2.lsb.state.ok.us/2003-04HB/hb2226_enr.rtf
Title: H.B. 2226
Source: http://www2.lsb.state.ok.us

TNSigned into law 06/2004Postsec.
Community College
Adds a new section of law. Requires the board of trustees of the university of Tennessee and the Tennessee board of regents to adopt policies to govern reductions in force that could result in employee layoffs or terminations at their respective institutions of higher education. The policies must provide a consistent and equitable method of reducing the work force when a reorganization or curtailment of operations
becomes necessary. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0867.pdf
Title: H.B. 2644
Source: http://www.legislature.state.tn.us

TNSigned into law 06/2004Postsec.
Community College
Prohibits the use of false credentials in higher education. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0825.pdf
Title: H.B. 433
Source: http://www.legislature.state.tn.us

IDSigned into law 04/2004Postsec.
Community College
Appropriates funds to the State Board of Education and the Board of Regents of the University of Idaho; requires the state board of education to track faculty, nonfaculty exempt and classified employees turnover; provides legislative intent regarding funding equity among the state's four-year institutions; specifies other expenditures. http://www3.state.id.us/oasis/2004/H0768.html
Title: H.B. 768
Source: Idaho Legislative Web site

WASigned into law 03/2004Postsec.Provides that a bargained contract at an institution of higher education may include a provision for paying part-time academic employees on a pay schedule that conincides with all the paydays used for full-time academic employees.
Title: H.B. 2383
Source: StateNet

+ 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