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
+ 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)
CAVetoed 09/2004P-12Allows a school employee, in a school district that is not subject to the disability compensation laws, to use up to 6 weeks of the 5-month period during which the employee receives differential pay to take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child. Allows the same benefit for a school employee that is not subject to the disability compensation laws and in which a school district receives compensation for the absence. http://www.leginfo.ca.gov/pub/bill/asm/ab_1901-1950/ab_1918_bill_20040819_enrolled.html
Title: A.B. 1918
Source: California Legislative Web site

CAVetoed 09/2004Postsec.Requires the California State University to employ an independent investigator on all complaints alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts for having made a protected disclosure to the State Auditor. http://www.leginfo.ca.gov/pub/bill/asm/ab_2601-2650/ab_2637_bill_20040824_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2637_veto.pdf
Title: A.B. 2637
Source: California Legislative Web site

DERule Adoption 09/2004P-12Amends regulation relating to the Certification of School Psychologists to align them with current statute and regulations concerning licensing and certification. (Formerly Section 368) DELAWARE REG 1546 (SN) http://www.state.de.us/research/AdminCode/title14/1500/1577%20Standard%20Certificate%20-%20School%20Psychologist.shtml#TopOfPage
Title: 14 DAC 1577
Source: Delaware State Web site

DESigned into law 08/2004P-12Protects state employees and school district employees who take military leave pursuant to federal mobilizations, by ensuring that the state will continue to provide the employee with their chosen state provided health care insurance for a minimum period of two years at no additional expense to the employee regardless of additional health care coverage provided by the military or other sources. http://www.legis.state.de.us/LIS/LIS142.NSF/c6fe685e20e98b2b882569a60053971e/f480eebe4361795285256eb40076dcb5?OpenDocument&Highlight=0,296
Title: SS2 for S.B. 296
Source: Delaware Legislative Web site

LASigned into law 07/2004P-12Relates to school employee injuries. Specifies that sick leave with pay for any secretary, paraprofessional employee, school aide, teacher or superintendent of a special school who is injured or disabled while acting in his official capacity as a result of (1) assault or battery by any student or person, or (2) physical contact with a student or others while providing physical assistance to a student to prevent danger or risk of injury to the student or others, may be granted for up to one calendar year. The governing authority of the special school may extend this period beyond one calendar year. If the governing authority of the special school questions the validity of the physician certification allowing for sick leave, the governing authority may require the employee to undergo examination by a physician of the authority's choosing. Should there be a disparity between the diagnoses of the two physicians, a third physician may be called upon to examine the employee; the opinion of the third physician must be determinative. and a six month reevaluation in order to continue to receive sick leave as a result of assault or battery or injury due to certain physical contact to prevent danger or risk of injury.

Any teacher in a public school who is injured or disabled while acting in his official capacity as a result of physical contact with a student or others while providing physical assistance to a student to prevent danger or risk of injury to the student or others, may be granted sick leave for up to one calendar year. The same requirements as above apply if the local board questions the validity of the physician certification of such injury or disability.

Full text: http://www.legis.state.la.us/leg_docs/04RS/CVT10/OUT/0000LVJ7.PDF
Title: S.B. 51
Source: www.legis.state.la.us

CTSigned into law 06/2004P-12Requires local and regional boards of education that employ athletic coaches to require the coaches' immediate supervisor to evaluate them on an annual basis; concerns due process in termination of coaches; provides a procedure for the nonrenewal of a coach's contract. http://www.cga.state.ct.us/2004/act/Pa/2004PA-00243-R00SB-00535-PA.htm
Title: S.B. 535
Source: Connecticut Legislative Web site

LASigned into law 06/2004P-12Includes guidance counselors holding appropriate ancillary certificates issued by the state department of education in definitions of persons eligible for certain sabbatical and sick leave benefits provided by law. http://www.legis.state.la.us/leg_docs/04RS/CVT4/OUT/0000LUZS.PDF
Title: H.B. 493
Source: StateNet

LASigned into law 06/2004P-12Permits city, parish, or other local public or nonpublic school systems to contract with local law enforcement agencies to provide for school resource officers. http://www.legis.state.la.us/leg_docs/04RS/CVT3/OUT/0000LV4G.PDF
Title: H.B. 1163
Source: StateNet

ALSigned into law 05/2004P-12Relates to public school employees, Fair Dismissal Act, transfers, terminations, suspensions, procedure before local board of education, appeals procedure to hearing officer including arbitrator from Federal Mediation and Conciliation Service, different procedures for minor suspensions (less than seven days), appeals to Court of Civil Appeals. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp?
Title: H.B. 43
Source: Alabama Legislative Web site

AZSigned into law 05/2004P-12Concerns limitation on reduction of salaries or personnel in schools; requires notice of general salary reduction prior to the fiscal year it takes place; makes technical correction; specifies exception for reductions in salary from monies from the Classroom Site Fund. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0243.htm
Title: H.B. 2102
Source: Arizona Legislative Web site

DERule Adoption 05/2004P-12Amends regulations relating to requirements for a standard certificate. Changes made to comply with statutory changes regarding the licensure and certification of educators. Renumbers and renames Section. (Previously 14 DAC 382) http://legis.state.de.us/LIS/Register.NSF/vwRegisters/712/$file/June2004.pdf
Title: 14 DAC 1582
Source: Delaware State Web site

GAVetoed 05/2004P-12Provides that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer;provides an exception for a student-trainer, assistant- trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer. http://www.legis.state.ga.us/legis/2003_04/fulltext/hb1394.htm
Title: H.B. 1394
Source: Georgia Legislative Web site

HISigned into law 05/2004P-12Creates a safe and healthy school environment by prohibiting any person from smoking tobacco products on school property and at any school- sponsored functions regardless of location; provided that affected public employees shall be provided breaks for smoking at locations off-campus. Requires DOE to offer a smoking cessation program to interested employees. http://www.capitol.hawaii.gov/sessioncurrent/bills/hb2871_sd1_.htm
Title: H.B. 2871
Source: Hawaii Legislative Web site

MDSigned into law 05/2004P-12Requires the State Board of Education and the Professional Standards and Teacher Education Board to certify certain social workers as professional personnel; relates to social workers employed in the education system.

http://mlis.state.md.us/2004rs/bills/hb/hb1040t.rtf
Title: H.B. 1040
Source: StateNet

COSigned into law 04/2004P-12Requires a school district to submit the name, date of birth, and social security number from the fingerprint form for each nonlicensed employee of the school district to the Department of Education; directs the department to create and maintain a database; requires the school district to notify the department when a nonlicensed employee no longer works for the school district; provides for purge of records for persons no longer employed. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont2/
Title: S.B. 62
Source: Colorado Legislative Web site

KYSigned into law 04/2004P-12Requires local school boards to award a minimum ten days sick leave during the school year to all full time employees; includes full time employees in other sick leave provisions that previously pertained only to teachers; amends definition of "immediate family" to include the immediate family members of all school employees. http://www.lrc.state.ky.us/RECORD/04RS/HB309/bill.doc
Fiscal impact: http://www.lrc.state.ky.us/RECORD/04RS/HB309/FN.doc
Title: H.B. 309
Source: www.lrc.state.ky.us

VASigned into law 04/2004P-12Amends section 22.1-253.13:1 and 22.1-253.13:2 . Specifies that the Standards of Learning form the core of Virginia's educational program and other educational objectives. Specifies that the state board must, at a minimum, define Standards of Learning for English, mathematics, science, history and social science. Specifies that "communication" as included in the Standards of Learning comprises listening, speaking, reading and writing. To passage on public input on proposed revisions to the Standards of Learning, adds that the department must provide and maintain Web capacity to allowing K-12 educators to submit recommendations for improvements to the Standards of Learning, when under review by the state board, as well as to the related assessments. Deletes "career education schools" from language requiring local boards to implement career and technical education programs.

Provisions (i) increase from one half-time to one full-time principal in elementary schools with fewer than 300 students; (ii) provide one full-time assistant principal for each 400 students in each school, regardless of grade level; (iv) lower the pupil-teacher ratio from 25:1 to 21:1 in middle and high schools, to ensure the provision of scheduled teacher planning time; (v) reduce the required speech pathologist caseload from 68 to 60 students; (vi) require two technology support positions per 1,000 students in kindergarten through grade 12 divisionwide; and (viii) modify the current funding mechanism for remediation.

Requires the state board to submit to the governor and the general assembly a report on the condition and needs of public education in the commonwealth and shall identify any school divisions and the specific schools therein that have failed to establish and maintain schools meeting the existing prescribed standards of quality.
http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0955
Title: H.B. 1014
Source: leg1.state.va.us

WVSigned into law 04/2004P-12Clarifies that the county board of education and its superintendent may designate the places where competency testing for service personnel will be held (FN).
Title: H.B. 4297
Source: StateNet

IDSigned into law 03/2004P-12Amends existing law relating to school district employees to authorize the use of accrued sick leave to supplement worker's compensation payments. http://www3.state.id.us/oasis/H0602.html#billtext
Title: H.B. 602
Source: Idaho Legislative Web site

WVSigned into law 03/2004P-12Relating to the rights, privileges and benefits of substitute service personnel employed to fill vacancies created by leaves of absence, workers' compensation and suspensions for more than 30 working days and consideration of certain bus operators to be employed in the same building or working station.
Title: H.B. 4554
Source: StateNet

+ 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