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
+ 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
CASigned into law 09/2004P-12Authorizes any member of the Defined Benefit Program of the State Teacher's Retirement Plan granted additional credit for service or service and age would not forfeit that credit if he or she is reemployed at any time after retirement by any other district.

The Teachers' Retirement Law prescribes limits on the amount of postretirement income that may be earned in specified types of employment by a retired member of the Defined Benefit Program without a reduction in the member's retirement benefits. Specifically, that limit applies to a retired member who receives 2 additional years of service credit at retirement and performs creditable service within one year after retirement for the school district from which he or she retired. Under this bill, that limit applies to a retired member who receives those additional years of service credit at retirement and performs creditable service within one year after retirement for any school district, community college district, or county office of education in the state. http://www.leginfo.ca.gov/pub/bill/asm/ab_1851-1900/ab_1852_bill_20040930_chaptered.pdf
Title: A.B. 1852
Source: California Legislative Web site

CASigned into law 09/2004P-12SEC. 11: Declares that the Legislature encourages school districts to provide all the schools it maintains that are ranked in deciles 1 to 3, inclusive, of the Academic Performance Index first priority to review resumes and job applications received by the district from credentialed teachers. http://www.leginfo.ca.gov/pub/bill/asm/ab_3001-3050/ab_3001_bill_20040929_chaptered.pdf
Title: A.B. 3001 (multiple provisions)
Source: www.leginfo.ca.gov

AZIssued 08/2004P-12Establishes the Arizona Teacher's Excellence Program Coordination Council (AzTEP Council) to solicit, review and approve applications for federal and private grants for recruiting and placing qualified teachers in underserved communities and to oversee the administration of grants to high-needs local education entities. Establishes council membership and reporting requirements. http://www.governor.state.az.us/eo/2004_20.pdf
Title: Executive Order 2004-20
Source: www.governor.state.az.us

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

ILSigned into law 07/2004P-12Creates the Grow Our Own Teacher Education Act. Establishes the Grow Our Own Teacher Education Initiative to prepare highly skilled, committed teachers who will teach in hard-to-staff schools and hard-to-staff positions and who will remain in these schools for substantial periods of time. Provides for an independent program evaluation. Makes funding the program subject to appropriations. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0802
Title: S.B. 1550
Source: Illinois Legislative Web site

LASigned into law 07/2004P-12Establishes the Louisiana Teachers' Homebuyer Program to encourage teachers to work in low-performing schools in disadvantaged areas, including the delta region of the state. Idenfies state treasurer as program administrator. Requires an advisory panel to identify disadvantaged areas and the department to identify low-performng schools. Establishes an advisory panel to develop such program for approval by the governor prior to implementation and administration by the state treasurer. http://www.legis.state.la.us/leg_docs/04RS/CVT1/OUT/0000LVUS.PDF
Title: S.B. 879
Source: www.legis.state.la.us

PASigned into law 07/2004P-12Amends provisions to permit an annuitant who is a certified teacher or other personnel who hold instructional or administrative certificates to return to school service during an emergency or shortage of teachers but is not entitled to earn any credited service and no contributions may be made on account of such employment. Provides for extracurricular positions to include athletic director.
Title: S.B. 200
Source: StateNet

WAEmergency Rule Adoption 07/2004P-12Establishes emergency rules to allow teachers who hold the appropriate degree from a regionally accredited college/university, a teaching certificate comparable to the residency teacher certificate issued by another sate, who has practiced for at least three years as a teacher in grades P-12, and who completed a supervised, classroom-based internship to obtain their out-of-state teaching certificate, to obtain a Washington residency teaching certificate. WASHINGTON REG 23326 (SN)
Title: WAC 180-79A-257
Source: StateNet

AKSigned into law 06/2004P-12Relates to the housing assistance loan fund in the state housing finance corporation; creates the housing assistance loan program; repeals loans for teacher housing and provides for loans for multi- family housing. http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0274Z&session=23
Title: S.B. 274
Source: Alaska Legislative Web site

FLSigned into law 06/2004P-12Relates to education personnel; provides for expunging of criminal history records of applicants for employment at certain education related offices; requires background screening for charter school employees and board members; amends requirements for admission to teacher preparation programs; authorizes programs providing experiences as teacher assistants prior to entering teacher preparation programs for individuals meeting specified criteria; creates teacher preparation institutes that provide professional development, instruction for substitute teachers, alternative certificate programs and establishes criteria for applicants; provides for the creation of guidelines for mentoring of first-time teachers and other programs geared toward the recruitment and retention of quality teachers; requires background screenings and fingerprinting of instructional and noninstructional hires or contractual employees who come in contact with students; specifies a school district's performance assessment may include criteria for assessment of instructional and administrative personnel and student performance; requires training in teaching of reading for certified personnel who teach students who have limited English proficiency; establishes qualifications, requirements and evaluation of substitute teachers; provides for educator discipline by the Education Practices Commission and the Department of Education; amends the Recovery Network Program that assists educators impaired as the result of alcohol abuse, drug abuse or a mental condition. http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb2986er.html&Directory=session/2004/Senate/bills/billtext/html/
Title: S.B. 2986
Source: Florida Legislative Web site

FLSigned into law 06/2004P-12Relates to a retired teacher's reemployment; authorizes district school boards to reemploy certain retired teachers under certain circumstances; deletes certain reemployment criteria and limitations; provides legislative intent pertaining to funding and implementation; provides benefits are available for instructional personnel employed by developmental research schools and the State School for the Deaf and Blind and charter schools. http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb3010er.html&Directory=session/2004/Senate/bills/billtext/html/
Title: S.B. 3010
Source: Florida Legislative Web site

LASigned into law 06/2004P-12Provides for the return to active service by any disability retiree. Eliminates requirement that returning disability retiree have retired with at least 25 years of service credit to return to active service. http://www.legis.state.la.us/leg_docs/04RS/CVT10/OUT/0000LUCF.PDF
Title: H.B. 982
Source: www.legis.state.la.us

LASigned into law 06/2004P-12Deletes reference that any educator eligible to apply for a special prestige license plate be an "elementary or secondary" educator. Revises existing statute so that eligible educator must be "educated or employed" in Louisiana, rather than "educated and employed" in Louisiana. http://www.legis.state.la.us/leg_docs/04RS/CVT9/OUT/0000LUN3.PDF
Title: H.B. 290
Source: www.legis.state.la.us

ARRule Adoption 05/2004P-12
Postsec.
Establishes rules regarding the amendment of the state teacher assistance resource program. ARKANSAS REG 3933 (SN)
http://www.sos.arkansas.gov/elections/elections_pdfs/register/may_2004/008.10.04-001.pdf
Title: 008.10.04-001
Source: Arkansas State Web site

AZSigned into law 05/2004P-12Allows school districts to use Impact Aid for teacher housing.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0209.htm
Title: H.B. 2475
Source: Arizona Legislative Web site

GASigned into law 05/2004P-12Amends retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia to allow a teacher who retired on a service retirement may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected. http://www.legis.state.ga.us/legis/2003_04/fulltext/hb366.htm
Title: H.B. 366
Source: Georgia Legislative Web site

COSigned into law 04/2004P-12Concerns the expansion of the teacher loan forgiveness pilot program to include a teacher who is hired to teach in a qualified position after his or her first year of teaching. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont2/572695bdbb70842787256d96005e1e4d?OpenDocument&Click=87256D6C00679B13.b925f7d822283ac087256dd3003efcdb/$Body/1.2
Title: H.B. 1039
Source: Colorado Legislative Web site

MERule Adoption 04/2004P-12Clarifies rules regarding retirees returning to employment after retirement with the same employer. Establishes a waiver that must be executed by each reitiree to acknowledge that no future accruals of service credit or increase in earnable compensation will result if the retiree returns to employment. Outlines requirements that must be met in order for a bona fide termination from employment to have occurred such that a retirement benefit can be paid to a below- normal-retirement age retiree. MAINE REG 7805 (SN)
Title: 94-411-410
Source: StateNet

VASigned into law 04/2004P-12Home-ownership assistance. Allows that a locality may by ordinance provide for the use of funds, other than state funds, for grants to assist employees of the locality to purchase residences in such locality. The residences shall be the primary residence of any employee receiving such grants or loans and individual grants shall not exceed $5,000 per employee. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0541
Title: H.B. 827
Source: http://leg1.state.va.us

VASigned into law 04/2004P-12Each division superintendent is required at least annually, if so requested by the local school board, to survey the relevant local school division to identify critical shortages of teachers and administrative personnel by subject matter and report such critical shortages to the school board, Superintendent of Public Instruction, and to the Virginia Retirement System. Retired teachers returning to the classroom must be in critical shortage areas. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+HB1171ER
Title: H.B. 1171
Source: http://leg1.state.va.us

WVSigned into law 04/2004P-12Relates to the maximum number of days a retired teacher may accept employment; relates to the employment of retired teacher in areas of critical need and shortage; adds conditions for expanding the use of retired teachers to provide service as substitute teachers in areas of critical need and shortage; requires certain vacancies to continue to be posted.
Title: H.B. 2268
Source: StateNet

WASigned into law 03/2004P-12Creates conditional scholarships and loan repayments for prospective teachers.
Title: H.B. 2708
Source: StateNet

WASigned into law 03/2004P-12Relates to teacher cottages in nonhigh school districts totally surrounded by water, serving fewer than 40 students; provides the school district may authorize the construction of such cottages without a vote of the district using funds from the district's projects or general fund; provides that rental and other income from the cottages may be deposited into the district's general fund, debt service fund or capital project fund.
Title: H.B. 2462
Source: StateNet

WVTo governor 03/2004P-12Requires state police to annually report to Legislature effectiveness of recruiting minorities.
Title: S.B. 200
Source: StateNet

ARSigned into law 02/2004P-12Amends the duties and focus of the office for teacher recruitment within the Department of Education. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1080.pdf
Title: H.B. 1080
Source: Arkansas Legislative Web site

ARSigned into law 02/2004P-12Provides extraordinary incentives for teacher recruitment and retention in high priority districts with an average daily membership of 1,000 or fewer. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB89.pdf
Title: S.B. 89
Source: Arkansas Legislative Web site

ARSigned into law 01/2004P-12Expands the state teacher assistance resource program; provides for forgivable loans. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1079.pdf
Title: H.B. 1079
Source: Arkansas Legislative Web site

ARSigned into law 01/2004P-12Relates to the state teacher housing development act; provides for teachers who have demonstrated ability to successfully teach children in a high- priority school district who meet certain criteria; provides housing incentives to encourage high- performance teachers to move to high-priority school districts; provides for a home loan program, adjusted mortgage interest rates and a pilot rental housing program for qualified teachers.Enacted to meet the mandate of the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1060.pdf
Title: H.B. 1060
Source: Arkansas Legislative Web site

DERule Adoption 01/2004P-12Establishes rules amending regulation 240 Recruiting and Training of Professional Educators for Critical Curricular Areas. Reflects changes made pursuant to 14 Del. C. 1108(b). Stipulates that an exception may be made to 8.2.5 of this regulation in that a loan for education in a Critical Curricular area may be forgiven by the Secretary of Education if it is determined that the recipient is unable to meet his or her payment obligation because of total and permanent disability or death. Includes a definition of total and permanent disability and the form for the physician to certify as to total and permanent disability. http://www.state.de.us/research/AdminCode/Education/Education%20Administrative%20Code%20-%20200%20Administration%20and%20Operations.htm#P126_14440
Title: 14 DAC 220; Sections 1.0 thru 8.0
Source: Delaware State Web site

+ 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