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
MTRule Adoption 12/2004P-12
Postsec.
Relates to out-of-state attendance agreements. The superintendent of public instruction shall
provide payment of the amount calculated in (4)(a), but not
more than the amount of tuition paid by the district for
resident students who attended school out-of-state, in the
year the out-of-district attendance report is submitted,
provided it is submitted with documentation
of payment, to the superintendent of public instruction within
the school year following the year of attendance
Title: ARM 10.10.301C
Source: StateNet

CAVetoed 09/2004P-12Authorizes the governing board of a school district to request approval from the State Board of Education in order to claim apportionments for the attendance of pupils attending a suspension classroom staffed by a noncertified school employee provided that a pupil attending such a classroom is allowed to complete for credit any assignments or tests that would otherwise by missed during the period of suspension, the apportionments are for no more than 5 pupils per day, a certified employee monitors the classroom at least 2 times per day, and apportionments for a particular pupil are for no more than 10 days per academic year. http://www.leginfo.ca.gov/pub/bill/sen/sb_0051-0100/sb_76_bill_20040828_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/SB_76_veto.pdf
Title: S.B. 76
Source: California Legislative Web site

CAVetoed 09/2004P-12Requires the Controller to collect data regarding the total assessed valuation of all taxable property in each school district and compile the information on a county basis. Requires data to be made available on the Controller's web site. http://www.leginfo.ca.gov/pub/bill/sen/sb_1751-1800/sb_1791_bill_20040826_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/SB_1791_veto.pdf
Title: S.B. 1791
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12SEC. 1: Existing law requires the county superintendent of schools to report to the Superintendent of Public Instruction on the financial condition of a school district if the county superintendent determines a school district may be unable to meet its financial obligations for the current or 2 subsequent fiscal years or if a school district has a qualified or negative certification. Existing law requires the county superintendent to take at least one of certain actions and all actions that are necessary to ensure that the district meets its financial obligations.

This bill requires those possible actions to include assigning the Fiscal Crisis and Management Assistance Team to review district teacher hiring practices, teacher retention rate, percentage of provision of highly qualified teachers, and the extent of teacher misassignment and
also to provide the district with recommendations to streamline and improve the teacher hiring process, teacher retention rate, extent of
teacher misassignment, and provision of highly qualified teachers. The bill requires a school district that is assigned this review to follow the recommendations made unless it shows good cause for failure to do so. 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

CASigned into law 09/2004P-12SEC. 13: Requires the county superintendent of schools to include in the review of audit exceptions those audit exceptions related to use of instructional materials program funds, teacher misassignments, and information reported on the school accountability report card and to
determine whether the exceptions are either corrected or an acceptable plan of correction developed. Prohibits a local educational agency from being required to repay an apportionment based on a significant audit exception related to the verification of the sufficiency of textbooks and instructional materials, teacher misassignments, and the accuracy of the information reported on the school accountability report card if the county superintendent of schools certifies to the Superintendent of Public Instruction and the Controller that the audit exception was corrected or that an acceptable plan of correction was submitted to the county superintendent of schools. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf
Title: S.B. 550 (multiple provisions)
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12Authorizes the Santa Clara Unified School District to use the proceeds from the sale of surplus real and personal property to deposit the proceeds into the general fund of the school district or county office of education, and to use the proceeds from that transaction for any one-time general fund purpose. If the purchase of the property was made using the proceeds of a general obligation bond act or revenue derived from developer fees, the amount deposited into the general fund of the school district or county office of education is prohibited from exceeding the difference between the purchase price of the property and the proceeds of the transaction divided by the amount of the proceeds of the transaction. http://www.leginfo.ca.gov/pub/bill/sen/sb_1901-1950/sb_1906_bill_20040928_chaptered.pdf
Title: S.B. 1906
Source: www.leginfo.ca.gov

CASigned into law 08/2004P-12Relates to emergency apportionments to school districts experiencing financial problems or that become insolvent. Makes those payments available by the California Infrastructure and Economic Development Bank through lease financing. Requires a qualifying district to bear 100% of all costs associated with implementing the conditions associated with receiving an emergency apportionment, replacing the current requirement of the district bearing 60% of the costs and the county office of education bearing 40% of the cost. Contains provisions relating to specific school districts. http://www.leginfo.ca.gov/pub/bill/asm/ab_1551-1600/ab_1554_bill_20040823_chaptered.html
Title: A.B. 1554
Source: California Legislative Web site

ILSigned into law 08/2004P-12Amends the School Code. In the State aid formula provisions, provides that calculation of Available Local Resources shall exclude tax amnesty funds received as a result of Public Act 93-26. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0875
Title: S.B. 2362
Source: Illinois Legislative Web site

CAVetoed 07/2004P-12Relates to school district contracts. Provides for a standardized questionnaire and financial statement in a form specified by the school district. Prohibits proposal forms from being accepted, if the completed questionnaire and financial statement for prequalification is not submitted at least 15 days prior to the date fixed for the public opening of the sealed bids. Requires the notice to include the web site or place where bids will be processed. http://www.leginfo.ca.gov/pub/bill/asm/ab_2601-2650/ab_2614_bill_20040621_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2614_Veto.pdf
Title: A.B. 2614
Source: California Legislative Web site

CAVetoed 07/2004P-12Deletes the reduction in base revenue limit funding that results to certain school districts for offering less than 180 days of instruction. Conditions the entitlement to the same support from the State School Fund due to the average daily attendance on the districts operating under the provisions of law relating to the 180-day school year. http://www.leginfo.ca.gov/pub/bill/sen/sb_1101-1150/sb_1142_bill_20040701_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/SB1142Veto.pdf
Title: S.B. 1142
Source: California Legislative Web site

ILSigned into law 07/2004P-12Provides that if, at the time of enrollment, dependents of United States military personnel are housed in temporary housing located outside of a school district, but will be living within that school district within 60 days after the time of initial enrollment, the dependents shall be enrolled, upon a sufficient showing of proof, and shall not be charged non-resident tuition but may be counted in determining state aid. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0740
Title: S.B. 2444
Source: Illinois Legislative Web site

NJSigned into law 07/2004P-12Revises calculation of budget caps and reduces allowable surplus for public school districts.
Title: S.B. 1701
Source: StateNet

PASigned into law 07/2004P-12Amends the Public School Code of 1949. Makes provisions regarding school budgets, limitations on balances, auxiliary services, cost of tuition for exceptional children in private schools, charter school tuition for the deaf and blind, Head Start supplemental assistance, school improvement grants, educational improvement tax credits, vocational curriculums, special education payments, and reimbursements for charter and cyber charter schools.
Title: H.B. 564
Source: StateNet

RISigned into law 07/2004P-12Allows Rhode Island school committees (school boards) to enter into agreement with any school committee or group of school committees (e.g., Rhode Island Association of School Committees) to purchase goods and services on a cooperative basis.
Title: S.B. 2423
Source: http://www.rilin.state.ri.us/gen_assembly

AZSigned into law 06/2004P-12Allows a school district to include in the budget balance carry-forward up to 50% of any unspent K-3 override monies.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0315.htm
Title: H.B. 2074
Source: Arizona Legislative Web site

AZSigned into law 06/2004P-12Amends provisions relating to unified school districts; provides for school board membership; provides for use of student counts from common school districts prior to unification for unified school district budget calculations; relates to bonded indebtedness and assessment of taxes; relates to secondary assessed valuation; provides for common school student count and authorization for override after consolidation. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0341.htm
Title: H.B. 2396
Source: Arizona Legislative Web site

AZSigned into law 06/2004P-12Requires school district governing boards that budget for excess utilities to annually review the costs associated with the direct operational costs of utilities, establish financial goals to include excess utilities costs within the school district's Revenue Control Limit (RCL) by June 30, 2009 and to review progress toward compliance. Suspends school-by-school budgeting and reporting for two years, repeals some reports and allows the school district governing board to delegate purchasing authority to one or more employees. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0340.htm
Title: H.B. 2104
Source: Arizona Legislative Web site

CASigned into law 06/2004P-12Relates to the revisions of standards and criteria for the development and management of local educational agency annual budgets and emergency appropriations to insolvent school districts, county superintendent of school approval of a district's budget, the review of administrative and fiscal condition of a district or charter school, and local education agency employment contracting. Requires school districts to report all compensation received by the superintendent. ftp://www.leginfo.ca.gov/pub/bill/asm/ab_2751-2800/ab_2756_bill_20040621_chaptered.html
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2756.pdf
Title: A.B. 2756
Source: California Legislative Web site

COSigned into law 06/2004P-12Concerns reviews of school districts, and, in connection therewith, requiring pilot efficiency reviews of a limited number of school districts to identify administrative savings that can be gained through best practices. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont3/7559053176F837C087256E19005E1CFA?Open&file=144_enr.pdf
Title: S.B. 144
Source: Colorado Legislative Web site

NHSigned into law 06/2004P-12Relates to the determination of the amount of taxes to be raised to support a cooperative school district; permits an alternative cost apportionment method in a cooperative school district; establishes a legislative oversight committee for the school administrative unit system; relates to notification of educational grant amounts to municipalities; permits a specific amount of the state education grant to be applied to operating costs of the cooperative school district. http://gencourt.state.nh.us/legislation/2004/HB1281.html
Title: H.B. 1281
Source: http://gencourt.state.nh.us

VTSigned into law 05/2004P-12Authorizes the Rutland school commissioners to adopt annual general fund budgets without voter approval provided that the actual homestead tax rate in a year does not exceed the adjusted equalized homestead rate established by the state; authorizes the board of aldermen to assess upon the grand list of the city taxes necessary to meet the educational or school purposes of the city.
Title: H.B. 774
Source: StateNet

AZSigned into law 04/2004P-12Concerns school district and charter school procurement; concerns contracts for materials and services the governing board may authorize for purchase which do not comply with requirements of procurement rules adopted by the State Board of Education; specifies criteria; applies to General Services Administration contracts. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0050.htm
Title: H.B. 2105
Source: Arizona Legislative Web site

GAAdopted 04/2004P-12Adds rules regarding the provisions under which school systems can receive low-wealth funding. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-4-.05.pdf
Title: GAC 160-5-4-.05
Source: Georgia State Web site

MDSigned into law 04/2004P-12Requires the Superintendent and the Department of Education to monitor the financial status of each county board of education and report to the Governor and General Assembly on a biannual basis; requires local superintendents or chief executive officers of local school systems to file biannual reports and to make specified attestations; provides that if a local school system does not file a annual audit, the Superintendent is required to instruct the Comptroller to withhold 10% of state aid installments.
Title: S.B. 894
Source: StateNet

MIVetoed 04/2004P-12Provides a school district, intermediate school district or public school academy is not required to obtain competitive bids for items purchased through the cooperative bulk purchasing program operated by the Department of Management and Budget.

http://www.michiganlegislature.org/documents/2003-2004/billenrolled/house/pdf/2003-HNB-4722.pdf
Title: H.B. 4722
Source: StateNet

CAEmergency Rule Adoption 03/2004P-12Establishes rules to provide guidance to auditors in the conduct of required annual audits of local education agencies (LEAs). Provides definitions of terms and prescribes procedures to be followed by accountants in the conduct of audits of California LEAs for agencies' fiscal year 2003-04 operations. Specifies qualifications, terms and standards for auditors. http://ccr.oal.ca.gov/cgi-bin/om_isapi.dll?clientID=93183&E22=title%205&E23=19810&E24=&infobase=ccr&querytemplate=%261.%20Go%20to%20a%20Specific%20Section&record={117CC}&softpage=Document42
Title: Title 5 CCR 19810 thru 19831
Source: California State Web site

NMSigned into law 03/2004P-12Concerns public school finance; changes the basis for calculating the amount of excess cash balance of school districts and charter schools.
Title: H.B. 158
Source: StateNet

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

ARSigned into law 02/2004P-12Requires criminal background checks for fraudulent acts by fiscal officers of public school districts. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1140.pdf
Title: H.B. 1140
Source: Arkansas Legislative Web site

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

ARSigned into law 01/2004P-12Track the amount of state funds that may be used to support interschool athletic programs in public schools. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1008.pdf
Title: H.B. 1008
Source: Arkansas Legislative Web site

ARSigned into law 01/2004P-12Requires school districts in fiscal distress to complete and file an annual audit with the Department of Education within 6 months following the end of the fiscal year. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1087.pdf
Title: H.B. 1087
Source: Arkansas Legislative Web site

ARSigned into law 01/2004P-12Creates the Educational Accounting and Reporting Act of 2004; provides that the board of directors of each school district shall annually prepare a budget of expenditure and receipts to be filed by a specified date; amends provisions regarding distribution of all grants and aids from the state; provides conditions under which state aid may be withhold from any school district; provides for training of preparers. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1094.pdf
Title: H.B. 1094
Source: Arkansas Legislative Web site

ARSigned into law 01/2004P-12Relates to the Public School Funding Act of 2003; provides equitable funding to public schools; provides a system for monitoring public school expenditures; increases minimum teacher salaries; establishes a knowledge and skills-based pay system for teachers; provides for school-based performance awards. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB42.pdf
Title: S.B. 42
Source: Arkansas Legislative Web site

ARSigned into law 01/2004P-12Requires audit reports of school districts not conducted by legislative audit to be filed with the Department of Education by December 31 following the end of each fiscal year.http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1114.pdf
Title: H.B. 1114
Source: Arkansas Legislative Web site

ARSigned into law 01/2004P-12Adds Ark. Code 6-15-2001. The state department of education and the Division of Legislative Audit of the Legislative Joint Auditing Committee of the General Assembly are directed to develop a system for reviewing the financial management practices of school districts and identifies "best financial management code practices." School districts are evaluated and rated on compliance with best practices. Districts that don't conform to best practices are required to develop a plan for meeting best practices within two years. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf
Title: S.B. 33 § 9
Source: Arkansas Legislative Web site

+ Finance--Equity
+ Finance--Facilities
+ Finance--Funding Formulas
+ Finance--Local Foundations/Funds
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