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
+ Teaching Quality--Recruitment and Retention--At-Risk Schools
- Teaching Quality--Teacher Rights
CAVetoed 08/2004P-12Permits, with respect to courses of study taught in any of grades 6 to 12, inclusive a teacher to solicit pupil evaluations of his or her courses. Prohibits certain actions from being taken against a teacher or pupil as a result of a pupil evaluation. http://www.leginfo.ca.gov/pub/bill/asm/ab_2351-2400/ab_2370_bill_20040812_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2370_veto.pdf
Title: A.B. 2370
Source: California Legislative Web site

DESigned into law 07/2004P-12Relates to student grades and teacher evaluations; provides that no one except the teacher who assigns a grade to a student may change the grade; for example, a school administrator may not raise or lower a student's grade; provides that the method which a teacher uses to assign grades may not be part of the evaluation of the teacher. http://www.legis.state.de.us/LIS/LIS142.NSF/vwLegislation/HB+126/$file/0011420056.doc/?openelement
Title: H.B. 126
Source: Delaware Legislative Web site

LASigned into law 07/2004P-12
Postsec.
Limits the authority of a justice of the peace to arrest a teacher in any public or private elementary, secondary, high school, vocational-technical school, college or university who is acting in the scope of his or her professional duties, with certain exceptions. http://www.legis.state.la.us/leg_docs/04RS/CVT5/OUT/0000LWM2.PDF
Title: H.B. 445
Source: StateNet

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

AKSigned into law 06/2004P-12Exempts certain teachers at schools that are designated as failing to make adequate yearly progress from jury service during school terms. http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0353Z&session=23
Title: H.B. 353
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

ALSigned into law 05/2004P-12Relating to the Teacher Tenure Law: transfers, suspensions, and contract cancellations, hearing procedures, different procedures for major and minor (seven days or less) suspensions, use of hearing officers including arbitrators from Federal Mediation and Conciliation Service, appeals to Court of Civil Appeals in certain cases, State Tenure Commission abolished, contingent on constitution amendment. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
Title: H.B. 42
Source: Alabama Legislative Web site

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

CTSigned into law 05/2004P-12Concerning teachers' evaluations; makes the failure to follow the procedures of evaluation programs subject to the grievance procedure in collective bargaining agreements. http://www.cga.state.ct.us/2004/act/Pa/2004PA-00137-R00SB-00533-PA.htm
Title: S.B. 533
Source: Connecticut 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

COSigned into law 04/2004P-12Prohibits the payment of a teacher following the initiation of a prosecution for an offense that would result in the loss of licensure. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont2/
Title: S.B. 152
Source: Colorado Legislative Web site

IDSigned into law 03/2004P-12Amends existing law relating to public school teachers to provide for placing conditions on a certificate; to provide an additional ground for denial, revocation, suspension or placing conditions on a certificate; and to provide an additional ground for which a certificate shall be permanently revoked or an application denied. http://www3.state.id.us/oasis/S1351.html#engr
Title: S.B. 1351
Source: Idaho Legislative Web site

IDSigned into law 03/2004P-12Amends existing law to provide that the chief certification officer for the Department of Education or the administrator for the Professional Standards Commission may bring allegations against a teacher; deletes the provision for placing a letter of reprimand in the record of a certificate holder when the executive committee has determined there are not sufficient grounds for suspension. http://www3.state.id.us/oasis/S1350.html#engr
Title: S.B. 1350
Source: Idaho Legislative Web site

ARBecame law without governor's signature 01/2004P-12Assists public schools through the establishment of grants for distance learning; provides for the establishment of standards for eligible equipment and telecommunications services; provides that a teacher that is under contract in a school district in the respective field of study that is being offered by distance learning shall not be terminated because of the availability of distance learning. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1036.pdf
Title: H.B. 1036
Source: Arkansas Legislative Web site

+ 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