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)
+ School/District Structure/Operations--School Size
+ School/District Structure/Operations--Shared Services
+ School/District Structure/Operations--Transportation
+ Service-Learning
- Special Education
ILSigned into law 12/2004P-12Amends the School Code. Amends requirements for a speech-language pathologist who provides speech- language pathology services pursuant to a contract. Relates to a valid temporary license under the Illinois Speech-Language Pathology and Audiology Practice Act. Provides for supervision. Includes applicants who have completed a program in another state, territory or possession of the United States that is comparable to school service personnel requirements. Bill text: http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=3&GA=93&DocTypeId=SB&DocNum=2395&GAID=3&LegID=8537&SpecSess=&Session=
Title: S.B. 2395
Source: Illinois Legislative Web site

ALEmergency Rule Adoption 11/2004P-12Establishes rules allowing special education services staff employed by the Alabama Department of Education or local school system to provide critical special education services to children in licensed child care centers without meeting requirements for child care center staff, provided the staff meet requirements of the local school system or the department of education. Facilitates compliance with state and federal laws. Increases the availability of special education services, such as speech therapy and physical therapy, to children enrolled in licensed child care centers.
Title: AAC 660-5-26-.01
Source: StateNet

MARule Adoption 11/2004P-12Amends rules to implement changes in the process used to calculated special education reimbursements under the so called 'circuit breaker' program. States that under the new procedures, district reimbursements will be calculated based on the eligible costs incurred in the prior fiscal year, rather than the costs for the current fiscal year. MASSACHUSETTS REG 8414 (SN)
Title: 603 CMR 10.00
Source: StateNet

MISigned into law 11/2004P-12Clarifies and limits duration of intermediate school district millages to fund special education and vocational education; relates to the limited use of bonds for special education and vocational education facilities.

http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=2004-HB-5839
Title: H.B. 5839
Source: StateNet

NJSigned into law 10/2004P-12Permits a school district that terminates the operation of a separate school for special education pupils and returns all funds legally uwed to the school districts that sent pupils to the school to use any remaining funds to establish a scholarship foundation for the pupils of the district.
Title: A.B. 2257
Source: StateNet

CASigned into law 09/2004P-12Requires the written decision of a state hearing regarding the school placement of individual with exceptional needs to include the reasons for any nonpublic, nonsectarian school placement, the provisions of nonpublic, nonsectarian agency services or the reimbursement for such placement or services, taking into account certain requirements. Deletes a provision of existing law relating to the procedures governing the hearing officer in such hearing. http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab_42_bill_20040909_chaptered.html
Title: A.B. 42
Source: California Legislative Web site

CASigned into law 09/2004P-12Requires the State Department of Education to conduct a study of the current methods of providing special instruction and other services to infants and toddlers who are deaf or hard of hearing and to report to the Legislature. http://www.leginfo.ca.gov/pub/bill/asm/ab_2901-2950/ab_2909_bill_20040910_chaptered.html
Title: A.B. 2909
Source: California Legislative Web site

CASigned into law 09/2004P-12Relates to referral of a pupil suspected of needing mental health services to a community health service by a local education agency, providing mental health services to students with exceptional needs, monitoring of compliance to provide mental health services to disabled pupils and funding therefore. Provides that a county mental health agency does not have fiscal or legal responsibility for certain costs incurred prior to approval of an individualized education program. http://www.leginfo.ca.gov/pub/bill/sen/sb_1851-1900/sb_1895_bill_20040913_chaptered.html
Title: S.B. 1895
Source: California Legislative Web site

CAVetoed 09/2004P-12Creates the Advisory Task Force for Education of Blind and Visually Impaired Pupils to provide input to formulate the most effective policy for the education of such pupils. Requires the Department of Education to provide outreach and technical assistance to parents, teachers, and administrators concerning issues relating to the instruction of visually impaired, blind, and deaf-blind pupils. Requires the department of education to establish a data system for submission and collection of data regarding services provided by local education agencies to such pupils. Requires contracts with test publishers for statewide tests to stipulate that the publishers will provide the test materials in formats accessible to pupils with visual disabilities.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0651-0700/ab_662_bill_20040825_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_662_veto.pdf
Title: A.B. 662
Source: California Legislative Web site

CASigned into law 09/2004P-12Existing law authorizes the Commission on Teacher Credentialing, until January 1, 2008, to issue district intern credentials authorizing
persons employed by any school district to provide classroom instruction to pupils with mild and moderate disabilities in special education classes and requires accredited internship programs to provide interns who meet entrance requirements and are accepted to a multiple or single subject teaching credential program the opportunity to choose an early program completion option that culminates in a 5-year preliminary teaching credential.Permits a school district intern accepted to a level 1 education specialist credential program to choose an early program completion option and receive a 5-year preliminary level 1 education specialist credential that authorizes instruction to individuals with mild to moderate disabilities if he or she meets certain requirements under existing law. http://www.leginfo.ca.gov/pub/bill/asm/ab_2251-2300/ab_2286_bill_20040921_chaptered.pdf
Title: A.B. 2286
Source: California Legislative Web site

CAVetoed 09/2004P-12Requires, with exceptions, a publisher that makes basic instructional materials available to a school district in a hard copy format to also make materials available in an electronic multimedia format upon adoption of such materials after a certain date. Requires publishers and manufacturers of such materials adopted for certain grades to make an electronic file format of the materials available for use by a pupil who is blind or has a print disability. http://www.leginfo.ca.gov/pub/bill/asm/ab_1001-1050/ab_1010_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_1010_veto.pdf
Title: A.B. 1010
Source: www.leginfo.ca.gov

CAVetoed 09/2004P-12Establishes within the Department of Developmental Services, an Autism Resource Center office, to serve families by designating a single agency as a central source of information for autism treatment and support services, and other information about autism. Requires the office to assist families to identify appropriate services for autistic children including private health care insurance, department services, regional centers, and local school districts. Provides that the pilot program will be repealed on January 1, 2009. http://www.leginfo.ca.gov/pub/bill/asm/ab_0851-0900/ab_857_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_857_veto.pdf
Title: A.B. 857
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12
Postsec.
Prohibits a licensed children's institution and a residential care facility from requiring, as a condition of admission or residency, that a child be identified as an individual with exceptional needs. Requires a local educational agency that has placed an individual with exceptional needs residing in a licensed children's institution or foster family home in a nonpublic, nonsectarian school to conduct an annual evaluation, as part of the annual individualized education program process, of whether the placement is the least restrictive environment that is appropriate to meet the pupils' needs. Requires the nonpublic, nonsectarian school to report to the local educational agency that made the placement, on a quarterly or trimester basis, as appropriate, the educational progress demonstrated by the individual with exceptional needs towards the attainment of the goals and objectives specified in the individual's individualized education program.

Requires an individual with exceptional needs to be allowed, as part of his or her participation in the individualized education program process, to provide confidential input to any representative of his or her individualized education program team. Requires the local educational agency to, at least annually and, to the extent possible, as part of the individualized education program process, conduct certain evaluations and considerations. Also requires a nonpublic, nonsectarian school to ensure confidential communication between a pupil of the school and members of the pupil's individualized education program team, at the pupil's discretion. http://www.leginfo.ca.gov/pub/bill/asm/ab_1851-1900/ab_1858_bill_20040930_chaptered.pdf
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_1858_sign.pdf
Title: A.B. 1858 (multiple provisions)
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12In provision that adjusts funding for pupils with exceptional needs based on an incidence multiplier for each special education
local plan area, continues the current special education incidence factor formula through 2004–05. http://www.leginfo.ca.gov/pub/bill/asm/ab_2501-2550/ab_2525_bill_20040929_chaptered.pdf
Title: A.B. 2525 (multiple provisions)
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12Require the Superintendent of Public Instruction to conduct an investigation onsite at any time without prior notice when there is substantial reason to believe that there is an immediate danger to the health, safety, or welfare of a child, and to monitor the facilities, the educational
environment, and the quality of the educational program of an existing certified nonpublic, nonsectarian school or agency on a 3-year cycle. Also requires the Superintendent of Public Instruction, with respect to a nonpublic, nonsectarian school, to conduct an investigation, which is to include an unannounced onsite visit, if the Superintendent of Public Instruction receives evidence of a significant deficiency in the quality of educational services provided by the school or noncompliance with other specified requirements. Places additional requirements on a nonpublic, nonsectarian school regarding financial recordkeeping, submitting an annual budget and an annual audit, and documenting services and programs. Increases the base fees charged a nonpublic, nonsectarian school or agency when it applies for certification and when it updates its
application for annual review by the Superintendent of Public Instruction.

Provides that any educational funds received from a local educational agency for the educational costs of individuals with exceptional needs it has placed in nonpublic, nonsectarian schools are to be used solely for those purposes and not for the costs of a residential program.

Requires the State Department of Education to implement a program to integrate individuals with exceptional needs placed in nonpublic, nonsectarian schools into public schools.

Prohibits a licensed residential school for children with exceptional needs from requiring as a condition of residential placement that it provide the appropriate educational programs to those individuals through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, a licensed children's institution. Provides that those services may only be provided if the special education local plan area determines that appropriate public alternative education programs are not available. http://www.leginfo.ca.gov/pub/bill/asm/ab_1851-1900/ab_1858_bill_20040930_chaptered.pdf
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_1858_sign.pdf
Title: A.B. 1858 (multiple provisions)
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12Requires a master contracts with nonpublic, nonsectarian schools for the provision of special education and related services to include that, with respect to a nonpublic, nonsectarian school that is associated with a licensed children's institution, there be a method of evaluating whether the school meets specified guidelines, and with respect to a nonpublic, nonsectarian school, the school be subject to the alternative accountability system of the Public School Performance Accountability Program in the same manner as public schools during the school's testing period, and each pupil placed in the school be tested in accordance with that accountability program, and the school prepare a school accountability report card. Requires the test results to be reported by the nonpublic, nonsectarian school to the State Department of Education.

Authorizes the Superintendent of Public Instruction to certify a nonpublic, nonsectarian school or agency for a period of not longer than 18 months. Requires a nonpublic, nonsectarian school or agency to make notification of its intent to seek certification. Requires that only those nonpublic, nonsectarian schools and agencies that provide special education that utilize staff who hold a certificate, permit, or other document equivalent to that which staff in a public school would be required to hold may be certified.

Requires a nonpublic, nonsectarian school that provides special education and related services to an individual with exceptional needs to certify in writing to the Superintendent of Public Instruction that the school satisfies various requirements relating to, among others, access to standards-based curriculum and instructional materials, access to specific instruction and assistance, and a discipline policy. http://www.leginfo.ca.gov/pub/bill/asm/ab_1851-1900/ab_1858_bill_20040930_chaptered.pdf
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_1858_sign.pdf
Title: A.B. 1858 (multiple provisions)
Source: www.leginfo.ca.gov

IAAdopted 09/2004P-12Modifies the requirements for the director of special education. Clarifies the authorization to include the 'director of special education of an area education agency'. http://www.legis.state.ia.us/Rules/Current/iac/282iac/28215/28215pp7.pdf
Title: 282 IAC 15.3
Source: StateNet

IAAdopted 09/2004P-12Modifies the requirements of the special education consultant. http://www.legis.state.ia.us/Rules/Current/iac/282iac/28215/28215pp7.pdf
Title: 282 IAC 15.3
Source: StateNet

NYSigned into law 09/2004P-12Requires requests for boards of education to furnish services to students with disabilities enrolled in nonpublic schools to be submitted within certain time periods; provides requests filed with boards of education in all school districts for students with disabilities shall be made within thirty days after such student is first identified or establishes residence within the district.
http://assembly.state.ny.us/leg/?bn=a11203
Title: A.B. 11203
Source: StateNet

CASigned into law 08/2004P-12Requires the Commission on Teacher Credentialing to participate in a pilot program, which may include the San Joaquin County Office of Education and up to 5 school districts or consortia, to provide teacher preparation programs for teachers of pupils with disabilities in special education classes. Authorizes the commission to issue district intern credentials authorizing participants to provide classroom instruction to such pupils in special education. http://www.leginfo.ca.gov/pub/bill/sen/sb_1601-1650/sb_1621_bill_20040824_chaptered.html
Title: S.B. 1621
Source: California Legislative Web site

ILSigned into law 08/2004P-12Amends the Children With Disabilities Article of the School Code. Provides that reimbursement for individual students with disabilities whose program costs exceed the per capita tuition rate shall be claimed beginning with costs encumbered for the 2004-2005 school year. Provides that base level funding computation shall be made only for certain fiscal years. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-1022
Title: H.B. 4225
Source: Illinois Legislative Web site

ILSigned into law 08/2004P-12Provides that if a school district has a shortage of highly qualified teachers, as defined by the No Child Left Behind Act of 2001, or a shortage of highly qualified teachers in the subject area of mathematics, science, reading, or special education, then the school board must spend at least 40% of the money it receives from Title 2 grants on recruitment of teachers until the number of qualified teachers increases. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0997
Title: H.B. 6906
Source: Illinois Legislative Web site

MERule Adoption 08/2004P-12Establishes rule to allow parents of preschool children with disabilities who are already receiving free appropriate public education (FAPE) services from Child Development Services and who turn five between September 1st and October 15th to choose not to enroll the child in kindergarten and to continue receiving FAPE Services. MAINE REG 7915 (SN)
Title: 05-071-180
Source: Westlaw

ALEmergency Rule Adoption 07/2004P-12Establishes rules amending language to include the requirements for the Alabama Occupational Diploma. ALABAMA REG 6717 (SN)
Title: AAC 290-8-9-.05(10)(d)
Source: StateNet

CASigned into law 07/2004P-12Authorizes the Commission on Teacher Credentialing to issue a two-year services credential with a specialization in pupil personnel services, solely for the purpose of providing services to deaf and hearing-impaired pupils as a school social worker. Provides that this credential authorizes the holder to serve at all grade levels as a school social worker of deaf and hearing-impaired pupils. http://www.leginfo.ca.gov/pub/bill/asm/ab_2151-2200/ab_2171_bill_20040706_chaptered.html
Title: A.B. 2171
Source: California Legislative Web site

CASigned into law 07/2004P-12Provides that a person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst qualifies as a behavioral intervention case manager of a school district, special education local plan area, or county office of education and may conduct behavior assessments and provide behavior intervention services for individual with exceptional needs. http://www.leginfo.ca.gov/pub/bill/asm/ab_2801-2850/ab_2845_bill_20040716_chaptered.html
Title: A.B. 2845
Source: California Legislative Web site

CASigned into law 07/2004P-12Makes various revisions generally conforming State law with federal requirements relating to pupil identification, assessment and eligibility, individual education program development, including notice, representation and hearing procedures and requirements, multidistrict special education local plan area monitoring, review and correction procedures, and pupil data confidentiality. http://www.leginfo.ca.gov/pub/bill/asm/ab_0151-0200/ab_152_bill_20040716_chaptered.html
Title: A.B. 152
Source: California Legislative Web site

LASigned into law 07/2004P-12Abolishes the Medicaid School-Based Administrative Claiming Trust Fund and provides for direct reimbursement of monies to public school boards for administrative claims. http://www.legis.state.la.us/leg_docs/04RS/CVT8/OUT/0000LVKU.PDF
Title: S.B. 493
Source: StateNet

MASigned into law 07/2004P-12
Postsec.
Relates to the School Building Assistance Program; provides for grants, investments, trusts and bonds; creates the School Building Authority; provides for children with disabilities; prohibits racial desegregation; provides for public-private partnerships, charter schools, construction that will facilitate early education and care programs; financial incentives to cities that adopt zoning policies for increased affordable housing production; provides for hearings.
Title: H.B. 4978
Source: StateNet

MSRule Adoption 07/2004P-12Establishes rules regarding assessment of students with disabilities. Provides that the information contained within the guidelines for testing special populations and any subsequent updates shall apply to all public school personnel who are responsible for the implementation of the Mississippi Statewide Assessment System. Provides that the information shall set forth the rules and procedures required for proper test administration and shall be provided to each school district by the Mississippi Department of Education. MISSISSIPPI REG 9149 (SN)
Title: IIIB-3
Source: StateNet

CASigned into law 06/2004P-12Provides that the hearing officer may not base a decision solely on nonsubstantive procedural errors in due process hearings, for the resolution of complaints regarding alleged violations of the law relative to special education, unless the officer makes certain findings. http://www.leginfo.ca.gov/pub/bill/asm/ab_2351-2400/ab_2362_bill_20040630_chaptered.html
Title: A.B. 2362
Source: California Legislative Web site

FLSigned into law 06/2004P-12Requires the Auditor General to conduct audits of accounts and records of the Florida School for the Deaf and Blind; provides that the school is a component of delivery of public education within Florida's K-20 education system; expands provisions regarding university master plans and campus development agreements to be applicable to said school; provides requirements for campus planning and concurrency management for the school. http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb2918er.html&Directory=session/2004/Senate/bills/billtext/html/
Title: S.B. 2918
Source: Florida Legislative Web site

LASigned into law 06/2004P-12Shifts authority for appointing special education advisory panel members from the department of education to the state board. Requires the special education advisory panel to serve the state board rather than the department in an advisory capacity. http://www.legis.state.la.us/leg_docs/04RS/CVT2/OUT/0000LRST.PDF
Title: H.B. 213
Source: www.legis.state.la.us

LASigned into law 06/2004P-12Specifies that children with exceptionalities enrolled in state-operated facilities and receiving special education services provided by the special school district shall be enrolled as residents of such facilities, and that eligible children enrolled in state-operated mental health facilities and receiving appropriate educational services by the special school district shall be enrolled as residents of such facilities. Authorizes the special school district to enter into interagency agreements with other state agencies to provide appropriate educational services, including special education and related services, to any eligible child who is not a resident of a state-operated facility but who is in the care or custody of a public or private department, agency, or institution, as well as to any eligible individual regardless of age who is enrolled in any state-operated facility as a resident of the facility. http://www.legis.state.la.us/leg_docs/04RS/CVT7/OUT/0000LUT9.PDF
Title: H.B. 258
Source: www.legis.state.la.us

MTRule Adoption 06/2004P-12SPECIAL EDUCATION PROFESSIONAL STAFF QUALIFICATIONS   (1)   Any teacher providing special education and related services to students with disabilities shall hold a current Montana teaching certificate with appropriate endorsements.
(a)   A special education teacher must hold a current Montana teaching certificate with an endorsement in special education.
(b)   A teacher of homebound or hospitalized students must hold a current Montana teaching certificate.
(c)   A school psychologist must hold a current Montana Class 6 teaching certificate.
(d)   Supervisors of special education teaching personnel must have a Class 3 administrator's certificate with a principal's endorsement or a supervisor's endorsement in special education.
(2)   All special education and related services for students with disabilities shall be provided under the direction of qualified personnel.
(3)   Each local educational agency must require that each administrator which provides or supervises the provision of special education and related services to students with disabilities, obtains specific skills which enable the administrator to deal effectively with students with disabilities. These skills may be obtained through formal training or in-service training.
(4)   Each local educational agency must require that each teacher who implements education services to students with disabilities, obtains specific skills which enable the teacher to deal effectively with students with disabilities under the teacher's supervision. These skills may be obtained through formal training or in-service training or consultation.
(5)   A professional person (i.e., occupational therapist, physical therapist, social worker, psychiatrist, nurse, audiologist, speech/language pathologist, recreational therapist, professional counselor or physician) providing special education and related services to students with disabilities under this section shall hold a license from the appropriate state authority and meet the appropriate professional requirements that are based on the highest entry level requirements in the state applicable to the profession or discipline.  
(6)   Paraprofessional personnel (e.g., teacher aide or instructional assistant) shall meet current office of public instruction accreditation standards under ARM 10.55.707.   (History:   Sec. 20-7-402, MCA; IMP , Sec. 20-7-403, MCA; NEW , 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS , 2000 MAR p. 1048, Eff. 7/1/00.)

http://arm.sos.state.mt.us/10/10-235.htm
Title: ARM 10.16.3136
Source: StateNet

MDSigned into law 05/2004P-12Requires local education agencies to notify the parents or guardians of blind or visually impaired children, including children with multiple disabilities, of the availability of the educational programs offered by the Maryland School for the Blind.
Title: H.B. 741
Source: StateNet

MDVetoed 05/2004P-12Requires local education agencies to notify the parents or guardians of blind or visually impaired children, including children with multiple disabilities, of the availability of the educational programs offered by the State School for the Blind.

http://mlis.state.md.us/2004rs/bills/sb/sb0174t.rtf
Title: S.B. 174
Source: StateNet

MESigned into law 05/2004P-12Amends applicable statutes and instructs the Department of Human Services and the Department of Education to amend rules to clarify that a child who is already receiving free, appropriate public education services through the Child Development Services System and who reaches 5 years of age between certain months, continues to be eligible for those services should the parents decide not to enroll the child in kindergarten until the child is 6 years of age.

http://www.mainelegislature.org/legis/bills/ld_title.asp?ld=1960
Title: S.P. 801
Source: StateNet

MESigned into law 05/2004P-12The bill provides that by fiscal year 2009-10 the state share of kindergarten to grade 12 education funding, as described by essential programs and services, must be 55%. It also establishes a local cost share expectation for property tax years beginning on or after April 1, 2005. The Commissioner of Education shall annually notify each school administrative unit of its expectation. This expectation must decline over the period from fiscal year 2005-06 to fiscal year 2009-10. The expectation may not exceed 9.0 mills in fiscal year 2005-06. It may not exceed 8.0 mills in fiscal year 2009-10. The legislative body of a school administrative unit may not adopt a property tax rate that exceeds its mill expectation unless, in a vote separate from its adoption of the school budget, it votes to increase the property tax rate.

The bill also places transportation operating costs into the essential programs and services funding formula. It also states that special education costs will be included in essential programs and services starting in fiscal year 2005-06. Beginning in fiscal year 2004-05, the Department of Education will provide training in state-approved guidelines for identification of special education students. The bill also places early childhood education program costs and vocational education program costs into essential programs and services no later than fiscal year 2007-08.

Note Sec. 16:
Basis for funding costs of education from kindergarten to grade 12. Notwithstanding any other provision of law, beginning in fiscal year 2005-06, funding of the costs of education from kindergarten to grade 12 must be based on the cost of providing essential programs and services as described in the Maine Revised Statutes, Title 20-A, chapter 606-B.

http://www.mainelegislature.org/legis/bills/ld_title.asp?ld=1924
Title: S.P. 761
Source: StateNet

MNTo governor 05/2004P-12Relates to human services; makes changes to licensing provisions; regulates child protection dispositions; clarifies a mental health case management provision; regulates child care, long- term care and health care; provides for insurance for foster home providers; amends provisions regarding adult day care, foster care for adults, residential programs, special education school workshops and Head Start.

http://www.revisor.leg.state.mn.us/slaws/2004/c288.html
Title: H.F. 2277
Source: StateNet

MSSigned into law 05/2004P-12Establishes the following provisions pertaining to reimbursement of costs for students with disabilities placed in private facilities:

Authorizes local districts to utilize all available funds (including federal).

Establishes equitable distribution of existing funds by setting uniform reimbursement for services.

Clarifies eligibility requirements for students in specified facilities.

Clarifies that reimbursement is for educational costs, which shall include special education and related services as defined by the Department of Education Policies and Procedures Regarding Children with Disabilities under the federal IDEA.

Requires that placement in facilities operated by public agencies has been pursued before reimbursement for placement in a private facility is approved.

Establishes state level review for approval of financial reimbursement.

http://billstatus.ls.state.ms.us/documents/2004/pdf/HB/1300-1399/HB1366SG.pdf
Title: H.B. 1366
Source: StateNet

WYEmergency Rule Adoption 05/2004P-12Adopts rules pertaining to the requirements for adequate special education staffing levels. Adjusts the foundation program formula for special education funding. WYOMING REG 4487 (SN)
Title: Chapter 35
Source: StateNet

AZSigned into law 04/2004P-12Concerns child care programs; concerns programs exempted from certain provisions; includes professional services rendered for mentally or physically impaired students as mandated; includes tutoring to improve school performance. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0023.htm
Title: H.B. 2031
Source: Arizona Legislative Web site

KYSigned into law 04/2004P-12Requires that a request for an administrative hearing alleging a violation of the federal Individuals with Disabilities Education Act be commenced within three years after the cause of action accrued. This three-year limit does not apply if the eligible parent or student was prevented from requesting the hearing due to (a) failure of the district to provide prior written or procedural safeguards; (b) false representations that the district was attempting to resolve the problem forming the basis of the complaint; or (c) the district's withholding of information relevant to the hearing issues from the parent. http://www.lrc.state.ky.us/RECORD/04RS/SB115/bill.doc
Title: S.B. 115
Source: www.lrc.state.ky.us

KYSigned into law 04/2004P-12Provides that an exemption from compulsory attendance student may be granted to 1) a child certified by specified professionals to have a chronic physical condition that prevents or renders inadvisable attendance at school, and which is unlikely to improve substantially within a year, or 2) a student with a disability may be granted if the student's individual education plan specifies that his or her placement in home or hospital is the least restrictive environment. In the case of a child whose licensed physician, advanced registered nurse practitioner, psychologist, psychiatrist, chiropractor or public health officer certifies that the child's chronic physical condition is unlikely to significantly improve within three years, the child's admissions and release committee must annually evaluate the child's condition and documentation to determine whether updated evidence is required. Updated evidence must be presented upon committee need or at least every three years. http://www.lrc.state.ky.us/RECORD/04RS/HB10/bill.doc
Title: H.B. 10
Source: www.lrc.state.ky.us

LAAdopted 04/2004P-12Adopts rules relating to the removal of the declassified Individualized Education Programs (IEP) and related definitions. Clarifies the responsibilities of the local education agencies (LEAs) for students who are no longer eligible as students with disabilities. Clarifies what is meant by the terminology used in the Least Restrictive Environment section. http://www.doa.state.la.us/osr/reg/0404/0404RUL.pdf (see pp 37-39 of 71)
Title: LAC 28:XLIII.373, 449, 517, 519, 904
Source: StateNet

LAAdopted 04/2004P-12Repeals rules that address alternate assessment and curricular design for students with disabilities in special schools. Provides consistency with rules governing students with disabilities not attending special schools.
Title: LAC 28:I.901
Source: StateNet

MDSigned into law 04/2004P-12Amends Division of Rehabilitation Services in the Department of Education responsibilities with county boards of education about transition services for students with disabilities; requires rehabilitation counselors to certain schools; provides for an employment plan.
Title: H.B. 988
Source: StateNet

MDSigned into law 04/2004P-12Requires a county board of education and the Board of School Commissioners of Baltimore City to require elementary schools with a suspension rate over 18% of enrollment to implement a Positive Behavioral Interventions and Support Program or an alternative behavioral modification program; requires the State Board of Education to adopt regulations. http://mlis.state.md.us/2004rs/bills/hb/hb1288t.rtf
Title: H.B. 1288
Source: StateNet

MESigned into law 04/2004P-12This bill, which implements the recommendations of the Maine Developmental Disabilities Council, amends the reporting requirements for the Department of Human Services, the Department of Behavioral and Developmental Services and the Department of Education relating to the prevention of developmental disabilities. The bill enacts definitions of developmental disabilities and mental and physical impairments for the purposes of reporting requirements, and it clarifies the scope of the required annual report. The bill explicitly states that the provisions of this section may not be interpreted to expand or otherwise affect the requirements of the Department of Behavioral and Developmental Services to provide services to children and families.
http://www.mainelegislature.org/legis/bills/billtexts/LD194001-2.asp
Title: H.P. 1437
Source: http://www.mainelegislature.org

MNSigned into law 04/2004P-12Relates to education; includes a mental health community representative on a community transition team for youth with disabilities.

http://www.revisor.leg.state.mn.us/slaws/2004/c166.html
Title: S.F. 2609
Source: StateNet

MSRule Adoption 04/2004P-12Amends rules concerning a special education teacher unit methodology revision. Incorporates data retrieved electronically through the Mississippi Student Information Systems into the procedure. Changes the focus of the methodology to the amount of services a teacher provides to a student instead of the student's disability. MISSISSIPPI REG 9142 (SN)
Title: (Uncodified)
Source: StateNet

VASigned into law 04/2004P-12Relates to financial and legal responsibility for special education students with disabilities placed across jurisdictional lines by social services into private residential facility; relates to special education and foster care services.
Title: H.B. 1047
Source: StateNet

ALEmergency Rule Adoption 03/2004P-12Allows students with disabilities who fail one portion of the Alabama High School Graduation Exam and meet certain other criteria to receive the Alabama High School Diploma. http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/VolXXIIN6/p189.htm#T1
Title: AAC 290-4-2-.02
Source: Alabama State Web site

MARule Adoption 03/2004P-12Amends rules relating to the Comprehensive Assessment System (MCAS) performance appeals process, and incorporates provisions regarding student with disabilities. MASSACHUSETTS REG 8280 (SN)
Title: 603 CMR 30.00
Source: StateNet

NMSigned into law 03/2004P-12Relates to education; enacts the Deaf and Hard-of- Hearing Children's Educational Bill of Rights.
Title: H.B. 186
Source: StateNet

NYSigned into law 03/2004P-12Requires publishers and manufacturers of instructional materials for students to provide electronic copies of such material for use by disabled persons.
Title: A.B. 9837
Source: StateNet

RIRule Adoption 03/2004P-12Establishes rules to provide that every youth in the system with a disability is entitled to free appropriate public education. RHODE ISLAND REG 2133 (SN)
Title: (Uncodified)
Source: StateNet

UTVetoed 03/2004P-12Creates a program to award scholarships to students with disabilities who attend a private school; specifies criteria for qualifying for a scholarship; specifies criteria for private schools to enroll scholarship students; specifies the amount, timing, and form of scholarship payments.
Title: H.B. 115
Source: StateNet

WASigned into law 03/2004P-12Establishes an advisory council on early interventions for children who are deaf or hard of hearing and their families.
Title: H.B. 2765
Source: StateNet

MORule Adoption 02/2004P-12Establishes the Department of Elementary and Secondary Education is eligible to apply for and receive federal funds under the Individuals with Disabilities Education Act Part B for the provision of special education and related services to eligible children and youth. MISSOURI REG 14732 (SN)
Title: 5 CSR 70-742.140
Source: StateNet

MORule Adoption 02/2004P-12Establishes rules describing Missouri's services for infants and toddlers with disabilities. MISSOURI REG 14733 (SN)
Title: 5 CSR 70-742.141
Source: StateNet

SDSigned into law 02/2004P-12Revises the per student allocation for each disability level for the purposes of calculating the payment of state aid to special education.
Title: S.B. 48
Source: StateNet

SDSigned into law 02/2004P-12Requires certain school book publishers to provide electronic versions of textbooks suitable for conversion into Braille.
Title: H.B. 1221
Source: StateNet

+ 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