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
WVSigned into law 12/2004P-12Relates to the procedures governing the process for improving performance education and removing impediments to improving performance and progress.
Title: H.B. 308
Source: StateNet

CASigned into law 09/2004P-12Authorizes specified school districts to operate one or more schools in their districts on a 4-day school week, so long as the school district complies with specified requirements. Revokes the authority of a school added by the bill to operate a 4-day school week if a school fails to meet its growth target on the Academic Performance Index. http://www.leginfo.ca.gov/pub/bill/sen/sb_1101-1150/sb_1138_bill_20040910_chaptered.html
Title: S.B. 1138
Source: California Legislative Web site

CAVetoed 09/2004P-12Provides that if a high school participating in either the High Priority Schools Grant Program or the Immediate Intervention/Underperforming Schools Program is reorganized into more than one high school, each of those high schools shall continue to receive a specified share of the funds that the former school would have received provided certain eligibility criteria are met, including compliance with specified program requirements. http://www.leginfo.ca.gov/pub/bill/asm/ab_1801-1850/ab_1841_bill_20040824_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_1841_veto.pdf
Title: A.B. 1841
Source: California Legislative Web site

CASigned into law 09/2004P-12Requires the state department of education to identify and notify local educational agencies that are in danger of being identified within three to four years as program improvement local educational agencies under the federal No Child Left Behind Act of 200. Requires the department to provide those local educational agencies with research-based criteria to conduct a voluntary self-assessment using department-provided materials and criteria based on current research. Requires the department to invite any local education agency at risk of being identified for program improvement within two years to participate in the Prevention of Local Education Agency Intervention Program, hereby created, which includes a self-assessment as well as follow-up procedures. Requires a local education agency identified for program improvement under NCLB to (1) conduct a self-assessment using the department-provided materials and criteria, (2) contract with a county office of education or another external entity for specified assistance, (3) expeditiously implement the LEA plan based on the self-assessment findings, and (4) contract with an external provider for technical assistance.
Specifies possible sanctions against a local education agency identified for corrective action under NCLB and that did not accept a supplemental grant, as well as sanctions against a local education agency identified for corrective action under NCLB and that did accept a supplemental grant. Authorizes state superintendent to require a local education agency to contract with a district assistance and intervention team to aid a local educational agency.
Provides additional funding to local educational agencies for schools identified as program improvement schools or potential program improvement schools under the federal No Child Left Behind Act of 2001, with certain requirements. http://www.leginfo.ca.gov/pub/bill/asm/ab_2051-2100/ab_2066_bill_20040918_chaptered.pdf
Title: A.B. 2066
Source: www.leginfo.ca.gov

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

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-12Provides that a school participating in the High Priority Schools Grant Program that received a planning grant in the 2001-02 fiscal year is eligible to receive program funding in only the 2002-03, 2003-04 and 2004-05 fiscal years. http://www.leginfo.ca.gov/pub/bill/asm/ab_1951-2000/ab_1987_bill_20040924_chaptered.pdf
Title: A.B. 1987
Source: StateNet

CASigned into law 09/2004P-12Existing law requires the State Department of Education to establish a statewide system of school support that provides intensive and sustained support and technical assistance for school districts, county offices of education, and schools in need of improvement. Existing law requires the system to provide assistance by reviewing and analyzing all facets of a school's operation and by assisting the school in developing recommendations for improving pupil performance and school operations.

This bill requires the review and analysis to include the recruitment, hiring, and retention of principals, teachers, and other staff, including vacancy issues and the roles and responsibilities of district and school management personnel. The bill would authorize the system to access the assistance of the Fiscal Crisis and Management Assistance Team to review district or school recruitment, hiring, and retention practices. The bill would require the system also to assist schools and districts in efforts to eliminate misassignments of certificated personnel. 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. 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

CASigned into law 09/2004P-12Requires that, commencing with the 2004–05 fiscal year, for a district with a school initially applying to participate in the High Priority Schools Grant Program on or after July 2004, the report include whether at least 80% of the teachers assigned to the school are credentialed and the number of classes in which 20% or more pupils are English learners and assigned to teachers who do not possess a certificate authorizing the holder to teach English language development to English learners or have completed training that would authorize them to teach English language development to English learners or are otherwise authorized by law 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-12Requires schools initially applying to participate in the High Priority Schools Grant Program on or after the 2004–05 fiscal year to include highly qualified teachers and appropriately credentialed teachers for English learners in the component on quality of staff in
the school action plan. Specifies that the mandatory school action plan components on facilities, curriculum, instructional materials, and support services for those schools be on facilities in good repair, curriculum, sufficient instructional materials, and support services. Requires schools initially applying to participate in the High Priority Schools Grant Program on or after the 2004–05 fiscal year to measure the availability of instructional materials against a specified definition of ''sufficient instructional materials.'' 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

ILSigned into law 08/2004P-12Requires the State Board of Education to implement and administer a student achievement improvement grant program to provide 2- year grants to school districts on the academic watch list and other school districts that have the lowest achieving students. Requires a school district to establish an accountability program in order to receive a grant. Requires a grant to be automatically renewed when achievement goals are met. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0890
Title: S.B. 2360
Source: Illinois Legislative Web site

RIBecame law without GOVERNOR'S signature. 07/2004P-12Requires district strategic plans to extend the range at which the improvement of reading is addressed to include students in grade four (4) and grade five (5).
Title: H.B. 7986
Source: Rhode Island Legislative Web Site

LASigned into law 06/2004P-12Defines "academically in crisis" district and "academically unacceptable" school. Requires state superintendent to notify the state board, the president of the local board and the local superintendent when a district is found to be academically in crisis. Limits authority of notified local board. Gives notified local superintendent sole and exclusive authority for all other policy, operation and other matters. Limits notified local superintendent's contract to five years. Requires local superintendent, within 180 days of notification, to submit a report to the local board, state board and legislative auditor on the benefits of outsourcing all or some of the district's financial operations. Within 120 days of notification, local superintendent must develop a structured system improvement plan with specified content and submit the plan to the state board for approval. Upon approval of plan, the superintendent must report quarterly to the state and local boards on the progress of implementing the plan. Bars board of "academically in crisis" district from contracting or employing a superintendent or terminating the contract or employment of the incumbent superintendent unless by at least two-thirds vote of the board, and specifies that notified superintendent may receive no salary decrease while district is academically in crisis. Specifies method by which superintendent must be replaced in event of termination of notified superintendent. Requires notified local board to contract with an independent licensed certified public accountant to conduct an audit of the district finances and financial practices. The audit report must be submitted to the local board, the local superintendent and the legislative auditor. Specifies action to be taken following submission of audit report.

Requires state superintendent to provide to academically in crisis district a team of distinguished educators to provide a team of distinguished educators to provide expertise, direction and support to the district.

A district identified as academically in crisis must continue to be identified as such until student academic performance improves sufficiently to release the district from identification, and all audit findings are corrected.

http://www.legis.state.la.us/leg_docs/04RS/CVT7/OUT/0000LRSN.PDF
Title: H.B. 1659
Source: www.legis.state.la.us

FLTo governor 05/2004P-12Creates the "Middle School Reform Act;" provides definitions; prescribes program criteria and content; provides a timeline for implementation; requires an academic performance study of middle grade students and schools with recommendations for increase in performance; requires school improvement plan to include rigorous reading requirement; provides for individual student plans; provides for additions to academic improvement plans; adds criteria to the assessment process for instructional personnel; requires DOE to conduct study on physical education in public schools; requires school districts to implement mandatory physical education under certain circumstances.
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0354er.html&Directory=session/2004/Senate/bills/billtext/html/
Title: S.B. 354
Source: Florida Legislative Web site

VASigned into law 04/2004P-12Authorizes local school boards to employ turnaround specialists to address conditions at a public school that may impede educational progress and effectiveness and academic success. The bill also authorizes local school boards to offer increased retirement benefits and compensation to turnaround specialists and licensed instructional personnel teaching in a subject matter in grades six, seven, or eight under a middle school critical shortage program adopted by the state board. Local school boards may offer such turnaround specialists or other administrative personnel incentives such as increased compensation, improved retirement benefits in accordance with Chapter 6.2 (§ 51.1-617 et seq.) of Title 51.1, increased deferred compensation in accordance with § 51.1-603, relocation expenses, bonuses, and other incentives as may be determined by the board. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0436
Title: H.B. 576
Source: http://leg1.state.va.us

WVSigned into law 03/2004P-12On-site review processes are to be conducted only at the specific direction of the state board upon its determination that the performance and progress of the school or school system are persistently below standard or other circumstances exist that warrant an on-site review (and have been below standard for three consecutive years). Includes early detection and intervention programs. Amends duties of the office of education performance audits. Provides that prior to declaring the position of principal vacant, the state board must make a determination that all other resources needed to correct the impairment are present at the school. http://129.71.164.29/Bill_Text_HTML/2004_SESSIONS/RS/House/H_BILLS/hb4001%20enr.htm
Title: H.B. 4001
Source: West Virginia Legislative Web Site

WVSigned into law 03/2004P-12Requires the department to make available through its web site or the West Virginia education information system an electronic unified school improvement plan boilerplate designed for use by all schools to develop a unified school improvement plan which incorporates all required aspects and satisfies all improvement plan requirements of the No Child Left Behind Act. Each respective plan is to be a five-year plan that includes the mission and goals of the school or school system to improve student, school or school system performance and progress, as applicable. Plan must be revised when required to include each annual performance measure upon which the school or school system fails to meet the standard for performance and progress, the action to be taken to meet each measure, a separate time line and a date certain for meeting each measure, a cost estimate and, when applicable, the assistance to be provided by the department and other education agencies to improve student, school or school system performance and progress to meet the annual performance measure. Requires standards to include annual measures of student, school and school system performance and progress. Requires annual measures to be used for determining school accreditation and school system approval:1) The acquisition of student proficiencies as indicated by student performance and progress in grades 3-8, inclusive, and grade 11 measured by a uniform statewide assessment program. (2) school attendance rate of no less than 90% in attendance excluding student absences excused in accordance with the state board rule, and 3) high school graduation rate of no less than 85% determined from information on the West Virginia education information system on the fifteenth day of August.
Title: H.B. 4001- Mult. Sections - School Improvement
Source: WV Legislative Web Site

ARSigned into law 02/2004P-12Creates the office of education renewal zones; provides for renewal zones to improve student achievement in smaller schools and districts; provides for collaboration with higher education partners, including community and technical colleges; enables small, rural and low-wealth schools to use the latest distance learning technology to enhance curricula and professional development; requires school improvement plans with certain components. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1056.pdf
Title: H.B. 1056
Source: Arkansas Legislative Web site

ARSigned into law 01/2004P-12Adds Ark. Code § 6-15-1808, 6-15-2001. Requires the state department of education to development and provide technical assistance to school districts that are designated as Level 1 or Level 2. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf
Title: S.B. 33 §§ 5, 8
Source: Arkansas Legislative Web site

+ Adult Basic Education
+ Assessment
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