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
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- Finance--Funding Formulas
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--in Senate to unfinished business 10/2004P-12The California Constitution requires the state to reimburse local agencies and school districts for costs mandated by the state and incurred by a local agency or school district to implement a new program or higher level of service. Existing law creates certain exceptions. This bill includes within that exception costs mandated by a statute or executive order that imposes a duty on a local agency or school district that was expressly included in a ballot measure approved by the voters in a local election.

Repeals provisions requiring a school district that succeeds the Grant Joint Union High School District to use, for home-to-school transportation, the funding made available pursuant to voluntary desegregation programs and requires that pupils in grades 7 to 12 who apply to transfer from a school district that succeeds the Grant Joint Union High School District to another school district that succeeds the Grant Joint Union High School District to be granted a transfer according to certain priorities, among which is that the transfer would mitigate schoolsite segregation. Replaces with statement of the intent of the Legislature that, if the Grant Joint Union High School District is reorganized to create two new unified school districts, the reorganization must be implemented in a manner that provides constitutionally permissible opportunities for the voluntary racial, ethnic, and socioeconomic integration of pupils attending each school district.

Requires a proposal to reorganize the Grant Joint Union High School District that is initiated by the Sacramento County Committee on School District Organization and approved by the State Board of Education before December 31, 2007, to include requirements that pupils eligible to enroll in any of grades 7 to 12, except expelled pupils, whose parents are residents of any school district that succeeds the Grant Joint Union
High School District have the same rights to enroll in any secondary school in a district that succeeds the Grant Joint Union High School District as a pupil whose parents are residents of that other district, and that the successor school districts to the Grant Joint Union High School District provide free transportation to these pupils if they so request, hold joint annual meetings to review segregation issues, and grant seniority rights to employees of school districts that cease to exist as a result of the proposal who become employees of the successor districts.

Requires a ballot measure to approve this proposal to clearly inform the voters that by approving the measure the voters are mandating the successor school districts to incur costs to implement the requirements described above and that these costs would not be reimbursed by the state. Makes legislative findings and declarations in this regard. http://www.leginfo.ca.gov/pub/bill/sen/sb_1251-1300/sb_1271_bill_20040823_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/SB_1271_veto.pdf
Title: S.B. 1271
Source: www.leginfo.ca.gov

CAVetoed 09/2004P-12Deems, for purposes of computing the average daily attendance generated by a pupil enrolled in a history or social science course required by a school district as a condition of receipt of a high school diploma, a pupil serving as a member of a precinct board for an election to be under the immediate supervision of the certificated teacher of the history or social science course. http://www.leginfo.ca.gov/pub/bill/asm/ab_1901-1950/ab_1944_bill_20040824_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_1944_veto.pdf
Title: A.B. 1944
Source: California Legislative Web site

CAVetoed 09/2004P-12Requires the California Quality Education Commission to examine the advantages and disadvantages of allowing a school district to allocate funds to each school in its district based on a weighted per pupil formula and to make recommendations regarding its findings.

This bill would incorporate additional changes in Section 64201 of the Education Code proposed by AB 2776 that would become
operative only if AB 2776 and this bill are both chaptered and become effective on or before January 1, 2005, and this bill is chaptered
last. http://www.leginfo.ca.gov/pub/bill/asm/ab_2351-2400/ab_2373_bill_20040824_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2373_veto.pdf
Title: A.B. 2373
Source: California Legislative Web site

CAVetoed 09/2004P-12Establishes a task force to develop options for restructuring the funding formula for state aid. Authorizes the use of specified funds appropriated in the Budget Act of 2004 for implementing these provisions. Makes an appropriation. Relates to economic impact aid to school districts based on the number of economically disadvantaged pupils and other factors. Requires the task force to submit its findings and recommendations to the Governor, the Legislature, and the Quality Education Commission on or before January 1, 2006. http://www.leginfo.ca.gov/pub/bill/sen/sb_1601-1650/sb_1645_bill_20040823_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/SB_1645_veto.pdf
Title: S.B. 1645
Source: California Legislative Web site

CASigned into law 09/2004P-12Requires the Controller to deduct from the next principal apportionment of a school district a specified amount based on the annual pupil enrollment of the class above a different prescribed number. Authorizes a district located in the counties of Los Angeles, Riverside, San Bernardino, San Diego or Ventura to claim class size reduction funding for 2003-04 based on enrollment counts before the October 2003 fires, if the district lost or exceeded enrollment due to the fires. This bill declares that it is to take effect immediately as an
urgency statute. http://www.leginfo.ca.gov/pub/bill/sen/sb_0301-0350/sb_311_bill_20040930_chaptered.pdf
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/SB_311_sign.pdf
Title: S.B. 311
Source: California Legislative Web site

CAVetoed 09/2004Postsec.Provides that the allocation of statewide authorized adult education average daily attendance would be modified pursuant to a specified formula. Requires the Superintendent of Public Instruction to allocate the excess funds as grants to school districts operating adult education programs, based on an equal amount per unit of adult education average daily attendance. http://www.leginfo.ca.gov/pub/bill/sen/sb_1301-1350/sb_1309_bill_20040824_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/SB_1309_veto.pdf
Title: S.B. 1309
Source: California Legislative Web site

CAVetoed 09/2004P-12Establishes the Pupil Achievement Grant Program to consolidate funding and provide flexibility at the schoolsite in the use of funds from specified categorical education programs in schools identified as underperforming in at least one of the three preceding fiscal years. Requires a school district to ensure that it expends an amount for direct services to pupils in eligible schools in accordance with specified minimum percentages for any purpose authorized by special categorical education programs. Requires a school district receiving program funds to ensure that the school district and each school has or continues to maintain advisory committees and schoolsite councils. Requires a district to have a single school plan that incorporates specified requirements and to use funds allocated to serve and assist pupils eligible for free or reduced price meals and pupils identified as limited English proficient. http://www.leginfo.ca.gov/pub/bill/asm/ab_2151-2200/ab_2152_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2152_veto.pdf
Title: A.B. 2152
Source: www.leginfo.ca.gov

CAVetoed 09/2004P-12Requires the Superintendent of Public Instruction to examine home-to-school transportation funding formulas and determine how current formulas should be modified to allow school districts and county offices of education to initiate new transportation programs and receive state funding on a equitable basis. http://www.leginfo.ca.gov/pub/bill/asm/ab_1251-1300/ab_1253_bill_20040828_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_1253_veto.pdf
Title: A.B. 1253
Source: StateNet

CAVetoed 09/2004P-12Authorizes, commencing with the 2006-07 fiscal year, home-to-school transportation programs to receive a state funding increase in lieu of an inflation or cost-of-living increase. http://www.leginfo.ca.gov/pub/bill/asm/ab_2451-2500/ab_2462_bill_20040824_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2462_veto.pdf
Title: A.B. 2462
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12Establishes block grants to be composed of funding for specified existing categorical education programs. Repeals dates of the Early Intervention for School Success Program. Establishes a pupil retention block grant, school safety consolidated block grants, teacher credentialing block grant, professional development block grant, a new targeted instructional improvement block grant and school library improvement block grant. http://www.leginfo.ca.gov/pub/bill/asm/ab_0801-0850/ab_825_bill_20040929_chaptered.pdf
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_825_sign.pdf
Title: A.B. 825
Source: StateNet

CASigned into law 09/2004P-12Revises the procedures for receiving claims and for hearings on claims from local governmental agencies, including school district, for reimbursement of costs of state mandates with the Commission on State Mandates. Revises the definitions of terms related to the procedure and hearing and defines additional terms. Abolishes the State Mandates Claims Fund. Deletes the option of paying claims from the fund. Makes other technical changes and deletes obsolete references. http://www.leginfo.ca.gov/pub/bill/asm/ab_2851-2900/ab_2856_bill_20040929_chaptered.pdf
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2853_2855_2856_sign.pdf
Title: A.B. 2856
Source: StateNet

CAVetoed 09/2004P-12Consolidates the funding for programs aimed at promoting the development of teachers in specific areas, and establishes the Teacher Support and Development Act of 2005 to provide flexible professional development block grants to school districts. Requires the Superintendent of Public Instruction to annually award the block grants from funding provided in the annual Budget Act. Provides for the block grant amounts to be calculated according to a specified formula and would require a school district to demonstrate that its staff development programs meet
specified criteria prior to receiving a block grant. Requires the State Department of Education to conduct an evaluation to assess the impact of the act on teacher quality and pupil improvement and would require an interim report to be submitted to the Governor and the Legislature no later than January 1, 2007, and a final report to be submitted no later than January 1, 2009. http://www.leginfo.ca.gov/pub/bill/asm/ab_1601-1650/ab_1650_bill_20040826_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_1650_veto.pdf
Title: A.B. 1650
Source: www.leginfo.ca.gov

NYSigned into law 09/2004P-12Provides that the transportation of pupils by a school district in child safety zones shall be considered regular aidable transportation; eliminates expiration of and makes permanent provisions of the education law providing for the transportation of pupils in child safety zones. http://assembly.state.ny.us/leg/?bn=S04772&sh=t
Title: S.B. 4772
Source: StateNet

CASigned into law 08/2004P-12
Community College
Suspends the minimum funding obligation of school districts and community college districts. Requires the amount of money to be applied by the state for these district's support during the 2004-05 fiscal year to be calculated by subtracting a certain amount of funding that would otherwise be required to be applied for the support of these districts during the 2004-05 fiscal year if the suspension had not occurred. http://www.leginfo.ca.gov/pub/bill/sen/sb_1101-1150/sb_1101_bill_20040811_chaptered.html
Title: S.B. 1101
Source: California Legislative Web site

CAVetoed 08/2004P-12Requires the California Quality Education Commission to examine the advantages and disadvantages of apportioning funds to school districts on the basis of enrollment rather than on the basis of average daily attendance. http://www.leginfo.ca.gov/pub/bill/asm/ab_2751-2800/ab_2776_bill_20040812_enrolled.html

AB 2373 would incorporate additional changes in Section 64201 of the Education Code proposed by AB 2776 that would become
operative only if AB 2776 and this bill are both chaptered and become effective on or before January 1, 2005, and AB 2373 is chaptered
last. http://www.leginfo.ca.gov/pub/bill/asm/ab_2351-2400/ab_2373_bill_20040824_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2776_veto.pdf
Title: A.B. 2776
Source: California Legislative Web site

GAActive 08/2004P-12The governor announced "The Quality Basic Education (QBE) Task Force in February 2004. The task force will look at realigning the school funding formula to ensure it serves all students in the new era of accountability. The task force is authorized under O.C.G.A. 20-2-161. http://www.gov.state.ga.us/press/2004/press369.shtml
Title: N/A
Source: Georgia State 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-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

ILSigned into law 07/2004P-12Amends the School Code. In the State aid formula provisions, increases the foundation level of support from $4,810 to $5,060. Effective July 1, 2004. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0808
Title: H.B. 4266
Source: Illinois Legislative Web site

ILSigned into law 07/2004P-12
Postsec.
Creates the FY2005 Budget Implementation (Education) Act. Creates several education related funds for receipt of federal moneys for education and other areas; addresses subjects students must be tested on; provides transitional assistance payments; increases the foundation level of support of supplemental state aid in relation to districts with a Low Income Concentration Level over a specified amount; provides for the National Guard Grant Program for tuition assistance. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0838
Title: S.B. 2205
Source: Illinois Legislative Web site

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

RIBecame law without GOVERNOR'S signature. 07/2004P-12Creates the "Education Equity and Property Tax Relief Act, " and would create a joint legislative committee of ten members to establish a permanent education foundation and education formula for the state - the committee's final report is due October 1, 2005..
Title: S.B. 3182
Source: StateNet

AKSigned into law 06/2004P-12Increases the base student allocation used in the formula for state funding of public education; and providing for an effective date." http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0233Z&session=23
Title: H.B. 233
Source: Alaska Legislative Web site

ARRule Adoption 06/2004P-12Repeals rules regarding Act 2 of 1994 as amended by Act 1228 of 1995, relating to the determination of the amount of Minimum Foundation Program Aid for each district. ARKANSAS REG 3948 (SN) http://arkedu.state.ar.us/pdf/Repeal%20Act%202%20of%201994.pdf
Title: ADE 171
Source: Arkansas State Web site

COSigned into law 05/2004P-12Concerns the financing of public schools; relates to calculations of pupil enrollment; relates to charter school contracts. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont3/28517E5E9054E56887256E0400738CE5?Open&file=1397_enr.pdf
Title: H.B. 1397
Source: Colorado Legislative Web site

HIVeto override 05/2004P-12Establishes a weighted student formula; provides additional information technology; empowers principals through a Hawaii principals academy and other means; strengthens community involvement through school community councils and parent-community networking centers; provides more mathematics textbooks; lowers class size in kindergarten, grade one, and grade two; provides full-time, year-round student activity coordinators; provides support for students who need additional help to succeed in school; establishes a national board certification incentive program for teachers; enhances teacher education; reduces the bureaucracy that hampers the effectiveness of the department of education; improves the educational accountability system; requires the board of education members to hold community meetings in their districts.
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb3238_sd2_.htm
Title: S.B. 3238
Source: Hawaii Legislative Web site

KSSigned into law 05/2004P-12Concerns the computation of the amount of state financial aid received by school districts that consolidate;
establishes the Center for Innovative School Leadership; establishes membership requirements of school site councils, allows self-administration of asthma or allergy medication by student. http://www.kslegislature.org/bills/2004/304.pdf Supplemental Note: http://www.kslegislature.org/supplemental/2004/SN0304.pdf Fiscal Note: http://www.kslegislature.org/fiscalnotes/2004/304.pdf
Title: S.B. 304
Source: StateNet

TXRule Adoption 05/2004P-12Amends rules concerning the foundation school program. Relates to rules for the definition of tax and levy and tax collection. TEXAS REG 95053 (SN) http://www.tea.state.tx.us/rules/tacupdates/may2004/ch062.pdf
Title: 19 TAC 105.A.105.1
Source: http://www.tea.state.tx.us/rules

VASigned into law 04/2004P-12Reorganizes the Standards of Quality and makes substantive amendments that would (i) increase from one half-time to one full-time principal in elementary schools with fewer than 300 students; (ii) provide one full-time assistant principal for each 400 students in each school, regardless of grade level; (iii) require five elementary resource positions per 1,000 students in kindergarten through grade five for art, music, and physical education; (iv) lower the pupil-teacher ratio from 25:1 to 21:1 in middle and high schools, to ensure the provision of scheduled teacher planning time; (v) reduce the required speech pathologist caseload from 68 to 60 students; (vi) require one full-time reading specialist for each 1,000 students in average daily membership; (vii) require two technology support positions per 1,000 students in kindergarten through grade 12 divisionwide; and (viii) modify the current funding mechanism for remediation.

A second enactment clause provides that any provision that is not required on June 30, 2004, and does require state funding will not take effect unless the state's share of the funding for the provision is included in the general appropriation act for the period July 1, 2004, through June 30, 2006, passed during the 2004 Session of the General Assembly and signed into law by the Governor.
The Board of Education proposed and approved these changes on June 25, 2003. Because the Virginia Constitution grants the General Assembly "ultimate authority" over educational policy and provides that the Standards are to be "prescribed from time to time by the Board of Education" but are subject to revision "only by the General Assembly," legislation is necessary to enact the Board's proposals.
http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0939
Title: S.B. 479, H.B. 1014
Source: http://leg1.state.va.us

IAVetoed 03/2004P-12Relates to education funding, providing for the establishment of the state percent of growth for purposes of the state school foundation program, making appropriations, and providing an applicability date. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&hbill=SF2124 and http://www.legis.state.ia.us/GA/80GA/Session.2/SJournal//sj040308.pdf#page=18
Title: S.F. 2124
Source: StateNet

SDSigned into law 03/2004P-12Increases the per student allocation in the state aid to education formula.
Title: S.B. 206
Source: StateNet

TXAdopted 03/2004P-12Sets administrative ratios for funding purposes; addresses "gap funding" to meet equalization requirements.
Title: 61.AA
Source: www.tea.state.us

WYSigned into law 03/2004P-12Provides assistance to districts for reading assessment and intervention programs; implements the adjustment to the education resource block grant model for experience and longevity of school district classified staff; modifies the at-risk adjustment to include mobile students; modifies the small school adjustment; provides a foundation program hold harmless; clarifies cost of living index computations; imposes duties upon the Department of Education.
Title: H.B. 93
Source: StateNet

UTRule Adoption 02/2004P-12Establishes rules to provide a formula and procedures for funding for school districts that have certain percentages of licensed professional staff. UTAH REG 26828 (SN)
Title: R277-486
Source: StateNet

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+ 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
+ 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