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
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+ Attendance--Statutory Ages (Upper and Lower)
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+ 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
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+ Civic Education
+ Civic Education--Character Education
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+ Class Size
+ Curriculum
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+ Curriculum--Financial Literacy/Economics Ed.
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+ Finance--Lotteries
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+ Middle School
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+ No Child Left Behind
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+ Online Learning--Digital/Blended Learning
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+ P-16 or P-20
+ P-3
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+ P-3 Early Intervention (0-3)
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+ P-3 Finance
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+ P-3 Preschool
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+ Parent/Family
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+ Postsecondary
+ Postsecondary Accountability
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+ Postsecondary Affordability--Financial Aid
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+ School/District Structure/Operations
- School/District Structure/Operations--District Consolidation/Deconsolidation
CAVetoed--in Senate to unfinished business 10/2004P-12The California Constitution requires the state to reimburse local agencies and school districts for costs mandated by the state and incurred by a local agency or school district to implement a new program or higher level of service. Existing law creates certain exceptions. This bill includes within that exception costs mandated by a statute or executive order that imposes a duty on a local agency or school district that was expressly included in a ballot measure approved by the voters in a local election.

Repeals provisions requiring a school district that succeeds the Grant Joint Union High School District to use, for home-to-school transportation, the funding made available pursuant to voluntary desegregation programs and requires that pupils in grades 7 to 12 who apply to transfer from a school district that succeeds the Grant Joint Union High School District to another school district that succeeds the Grant Joint Union High School District to be granted a transfer according to certain priorities, among which is that the transfer would mitigate schoolsite segregation. Replaces with statement of the intent of the Legislature that, if the Grant Joint Union High School District is reorganized to create two new unified school districts, the reorganization must be implemented in a manner that provides constitutionally permissible opportunities for the voluntary racial, ethnic, and socioeconomic integration of pupils attending each school district.

Requires a proposal to reorganize the Grant Joint Union High School District that is initiated by the Sacramento County Committee on School District Organization and approved by the State Board of Education before December 31, 2007, to include requirements that pupils eligible to enroll in any of grades 7 to 12, except expelled pupils, whose parents are residents of any school district that succeeds the Grant Joint Union
High School District have the same rights to enroll in any secondary school in a district that succeeds the Grant Joint Union High School District as a pupil whose parents are residents of that other district, and that the successor school districts to the Grant Joint Union High School District provide free transportation to these pupils if they so request, hold joint annual meetings to review segregation issues, and grant seniority rights to employees of school districts that cease to exist as a result of the proposal who become employees of the successor districts.

Requires a ballot measure to approve this proposal to clearly inform the voters that by approving the measure the voters are mandating the successor school districts to incur costs to implement the requirements described above and that these costs would not be reimbursed by the state. Makes legislative findings and declarations in this regard. http://www.leginfo.ca.gov/pub/bill/sen/sb_1251-1300/sb_1271_bill_20040823_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/SB_1271_veto.pdf
Title: S.B. 1271
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12Establishes a program in the counties of Fresno, Humboldt, and Ventura to place the duties of approval and disapproval of petitions for the unification of school districts on the county committee. Merges an elementary school district and a high school district if their boundaries become coterminous. http://www.leginfo.ca.gov/pub/bill/asm/ab_0751-0800/ab_780_bill_20040921_chaptered.pdf
Title: A.B. 780
Source: StateNet

AREmergency Rule Adoption 04/2004P-12Establishes emergency rules regarding the administrative consolidation or annexation of public school districts. http://arkedu.state.ar.us/pdf/condensed%20version.pdf
Title: ADE 165
Source: Arkansas State Web site

AREmergency Rule Adoption 04/2004P-12Establishes emergency rules regarding the administrative consolidation or annexation of public school districts. http://arkedu.state.ar.us/pdf/condensed%20version.pdf
Title: 005.01.04-001
Source: Arkansas State Web site

KSSigned into law 04/2004P-12Authorizes districts to discuss issues relating to consolidation of such districts. Specifies that such meetings may be held within the boundaries of any of the districts proposing to form the consolidated district. (Under previous statute, districts were authorized only to enter into agreements to consolidate two or more districts, not to enter into discussions thereof). http://www.kslegislature.org/bills/2004/373.pdf
Title: S.B. 373
Source: www.kslegislature.org

NESigned into law 04/2004P-12One part of this bill creates the School District Reorganization Fund. From the fiscal note: AM 3480 provides that the state will fund incentive payments to encourage Class II and III school districts with less than 390 students to reorganize into Class II, III, IV or V school districts with greater than 390 students. The incentive payments apply to consolidations after May 31, 2005 and before June 1, 2007. Incentives are paid to reorganized schools for two years. Base year incentives are paid in the initial year of reorganization. $1 million in transfers from the Education Innovation Fund (lottery proceeds) will be available in 2005-06 and 2006-07 for base year incentives. The funds are to be prorated if the total is insufficient to fund all schools qualified for incentives.

Base year incentives will be equal to 50% of the amount calculated based upon a formula established in the amendment.
Incentives in the second year of a consolidation will equal the other 50% of the original calculation unless funds were prorated for the
base year. If funds were prorated, the second year incentive will include the amount not paid in the first year due to proration of funds.
Second year incentives will be funded with General Funds as part of the distribution of state aid in 2006-07 and 2007-08. Base year
incentives are not included in formula resources for purposes of state aid and schools may exceed the budget lid by the amount of
incentive payments received. The fiscal impact of the amendment for the state depends upon the consolidations that occur. In 2002-03, there were 134 Class II and III school districts with less than 390 students. These systems had an average daily membership (ADM) of 32,891 students. It is estimated that if all school districts (76) in the standard cost grouping with less than 390 students were to consolidate, the fiscal impact for incentives will be $36.4 million over the three year period from 2005-06 to 2007-08.

The potential fiscal impact is overstated since all Class II and III school districts in the standard cost group with less than 390 students
will probably not consolidate. The fiscal impact is understated due to the use of 2002-03 ADM. This is because declining membership
in smaller school systems results in a greater number of schools being eligible for future incentives which may be higher as
membership declines. The fiscal impact may also be understated if school systems in the sparse or very sparse cost groups
consolidate. The fiscal impact may also be impacted by consolidations of Class I and Class VI districts with Class II and III districts.
This fiscal notes assumes that about 5%-10% of the eligible districts will consolidate and be eligible for incentives during the period
allowed in the bill. This assumption is based upon the number of consolidations of school districts that occurred from 1997-98 through
2001-02 when a prior incentive plan was funded by the state. If this number of consolidations occur, then the total fiscal impact will
range from $1.8 to $3.6 million over the three year period. The estimated amount will be higher if all of the consolidations occur in
districts which receive the largest incentive payments pursuant to the bill.

The amount of additional state aid required each fiscal year for incentives will depend upon the timing of consolidations. The fiscal
impact in the bill's initial year is a maximum of $1 million of lottery funds set aside for base year incentives. If $1million of base year
incentives are distributed in 2005-06, the fiscal impact in 2006-07 would be $1 million of general funds for second year incentives
authorized in 2005-06 and an additional $1 million of lottery funds for 2006-07 base year incentives. If base year incentives are
prorated in 2005-06, the General Fund fiscal impact in 2006-07, will be greater than $1 million for second year incentives, since the
amount of the proration will have to be made up in the second year.

The reorganization of schools into districts with 390 or more students will result in reorganization efficiencies which will reduce the
amount expended by schools to operate with less than 390 students. These efficiencies should result in a savings for property
taxpayers in those merged school districts with costs greater than their cost grouping cost prior to the merger. The state will also
realize a savings in state aid payments two years after the consolidation due to lower overall school expenditures. Lower school
spending results in lower cost group costs which will reduce state aid for schools receiving equalization aid. Any savings in state aid
will occur beginning in 2007-08.

School systems that opt to consolidate and receive incentive aid will have increased state incentive aid for two fiscal years. School
systems receiving aid may exceed budget lids by the incentive payment amount. Consolidated school systems may also have
increased expenditures related to consolidation such as retirement incentives, staff development assistance and transportation. Based
on the current school finance formula, consolidated systems may also receive stabilization aid for a couple of years after the state
incentive aid payments end. Slip Law: http://www.unicam.state.ne.us/legal/SLIP_LB1091.pdf Fiscal Note: http://www.unicam.state.ne.us/PDF/FiscalNote_LB1091_0002.pdf
Title: L.B. 1091
Source: http://www.unicam.state.ne.us

VASigned into law 04/2004P-12Relates to School division consolidation; provides for a process whereby school divisions may submit proposals for the consolidation of school divisions to include holding public hearings regarding the proposal, consolidation of and the election of a board to assure all representation for all localities, and a plan for the transfer of school property from the two divisions to one division.

School division proposals must include, among other things, (i) evidence of the cost savings to be realized by such consolidation; (ii) a plan for the transfer of title to school board property to the resulting school board; (iii) procedures and a schedule for the proposed consolidation, including completion of current division superintendent and school board member terms; (iv) a plan for proportional school board representation of the localities comprising the new school division, including details regarding the appointment or election processes currently ensuring such representation and other information as may be necessary to evidence compliance with federal and state laws governing voting rights; and (v) evidence of local support for the proposed consolidation.

For five years following completion of such consolidation, the computation of the state and local share for an educational program meeting the standards of quality for school divisions resulting from consolidations shall be the lower composite index of local ability-to-pay of the applicant school divisions, as provided in the appropriation act. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0917
Title: H.B. 978
Source: http://leg1.state.va.us

VASigned into law 04/2004P-12Creates a mechanism whereby any school board of a school division in which fewer than 350 students (Highland County) were included in average daily membership (ADM) for the preceding school year, upon entering into certain cost-savings agreements with a contiguous school division for the sharing of educational, administrative, or support services, shall receive the state share for basic aid computed on the basis of the composite index of local ability-to-pay of the contiguous school division, calculated annually, for a period of 15 years. Board of Education eligibility criteria will address the cost-savings and service-sharing agreements and will provide for the adjustment of the state share for basic aid, consistent with the appropriation act.

The local school board receiving the adjusted state share cannot use the additional funds received to supplant local funds appropriated for education. In addition, the adjusted state share cannot be used to reduce local operating expenditures for public education from the prior fiscal year. However, no school division shall be required to maintain a per pupil expenditure for operations that exceeds the per pupil expenditure in the prior fiscal year. If any such contractual agreements between the relevant school divisions terminate prior to the end of the applicable period, the state's obligation to provide the adjusted share shall cease.

The agreement and adjusted state payment shall be in lieu of any existing funds a locality receives from a Small School Division Assistance grant. Pursuant to §§ 22.1-26 and 22.1-27, school boards are already empowered to operate joint schools and to make agreements with adjacent school boards "for furnishing public school facilities and for school services." This bill is effective July 1, 2005. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0820
Title: S.B. 518
Source: http://leg1.state.va.us

ARSigned into law 02/2004P-12Allows all consolidated, annexed, or otherwise reorganized school districts to enjoy the benefit of fund balances accrued by the affected school district prior to consolidation, annexation, or reorganization. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1157.pdf
Title: H.B. 1157
Source: Arkansas Legislative Web site

ARSigned into law 02/2004P-12Allows students in administratively consolidated school districts to attend classes and programs in other schools in the district. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1177.pdf
Title: H.B. 1177
Source: Arkansas Legislative Web site

ARSigned into law 02/2004P-12Provides administrative consolidation assistance to school districts that administratively consolidate. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1161.pdf
Title: H.B. 1161
Source: Arkansas Legislative Web site

SDSigned into law 02/2004P-12Makes an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.
Title: S.B. 49
Source: StateNet

ARSigned into law 01/2004P-12Encourages larger school districts to voluntarily merge with smaller school districts; concerns the establishment of an interim board; provides for annexation and school elections. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB35.pdf
Title: S.B. 35
Source: Arkansas Legislative Web site

ARSigned into law 01/2004P-12Provides for the continued funding support of isolated school districts. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1018.pdf
Title: H.B. 1018
Source: Arkansas Legislative web site

ARBecame law without governor's signature 01/2004P-12Relates to the public education re-organization act; to ensure equal opportunities for an adequate education to all students; provides for administrative annexation and administrative consolidation of school districts. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1109.pdf
Title: H.B. 1109
Source: Arkansas Legislative Web site

+ 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