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--State Budgets/Expenditures
ILSigned into law 10/2004P-12 Amends the Common School Fund Article of the School Code. Provides for a grant to be paid to a school district if there has been an increase in a school districts' student population over the most recent 2 school years of over 1.5% in a district with over 10,000 pupils in average daily attendance or over 7.5% in any other district. If the appropriated money in any fiscal year is insufficient to pay all grants, then the amount appropriated shall be prorated among eligible districts. Provides penalties for intentionally reporting incorrect data.
http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-1042
Title: H.B. 766
Source: Illinois 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 09/2004P-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-12Deletes the date of repeal on the Instructional Materials Program and the contingency of program implementation funding on funding from the Annual Budget Act. Also makes technical changes to the appropriation to the Instructional Materials Fund. Appropriates $20,200,000 from the General Fund to the State Department of Education and, of that amount $5,000,000 is appropriated for transfer to the State Instructional Materials Fund for purposes of acquiring instructional materials, $15,000,000 is appropriated for allocation to county offices of education for review and monitoring of schools, and $200,000 is appropriated for purposes of implementing this act. The funds appropriated by the bill for purposes of acquiring instrucional materials and for review and monitoring activities are applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
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-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

MISigned into law 09/2004P-12Provides Department of Education zero budget for fiscal year 2005.

http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2004-PA-0346.pdf
Title: S.B. 1065
Source: StateNet

MISigned into law 09/2004Postsec.
Community College
Makes appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 3.,2004; and for the fiscal year ending September 30, 2005.

http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2004-PA-0352.pdf
Title: S.B. 1067
Source: StateNet

ALIssued 08/2004P-12
Postsec.
Community College
The governor issued Executive Order No. 02-2003 on January 30, 2003, creating the Governor's Commission of Education Spending. The Commission was to engage in a thorough examination of how education dollars have been spent in Alabama during the past ten years. http://www.governorpress.state.al.us/pr/ex-02-2003-01-30.asp

The Highlights of the Initial Report focused on: (1) Management and Accountability Reforms for K-12; (2) Student Assessment and Accountability for K-12; (3) Management and Accountability Reforms for the Alabama College System; (4) Management and Accountability Reforms for University Governance; (4) Reforms in Terms of Public Employment; and (5) Education Trust Fund Accountability.

The Working-Group Sessions (December 2003) made the following proposals: (1) Achieve the maximum savings possible from non-state and non-education agencies; (2) Freeze the state appropriations to PEEHIP at the Fiscal 2004 level; (3) Allocate higher education cutbacks to institutions; and (4) Allocation K-12 education cutbacks to school systems. http://www.alabama.gov/onlineservices/egov_pdfs/ESCReport11404.pdf
Title: Executive Order No. 02-2003
Source: Alabama State Web site

CASigned into law, with line items vetoed 08/2004P-12
Postsec.
Community College
Relates to revenue limit calculation factors for school districts and county superintendents of schools for specified fiscal years. Relates to apportionments and minimum funding to school districts and community college districts, funding for the Deaf and Disabled Telecommunications Program, special education funding for non-public non-sectarian institutions. Requires dual admissions programs in State institutions of higher education. Relates to student loans and fees. (Line Item veto of small competitive grants program, Arts Work.) http://www.leginfo.ca.gov/pub/bill/sen/sb_1101-1150/sb_1108_bill_20040811_chaptered.html
Title: S.B. 1108
Source: California Legislative Web site

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

ILSigned into law 07/2004P-12Amends the School Code. Relates to recomputing a general State aid claim. Provides for a qualifying reduction in equalized assessed valuation deduction. Amends provisions regarding the necessity to prorate claims that are approved but not paid in the current fiscal year. Provides that adjustments must not exceed a specified amount. Provides that approved prorated claims not paid in the current fiscal year may be resubmitted. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0845
Title: S.B. 2349
Source: Illinois Legislative Web site

MISigned into law 07/2004P-12Increases the amount of funding for the fiscal year ending September 30, 2004, appropriated for the public school of the state from the General Fund. For the fiscal year ending September 30, 2004, there is appropriated for the public schools of this state
and certain other state purposes relating to education the sum of $10,962,387,100.00 from the state school aid fund
established by section 11 of article IX of the state constitution of 1963 and the sum of $377,800,000.00 from the general
fund. In addition, available federal funds are appropriated for each of those fiscal years.

http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2004-PA-0185.pdf
Title: S.B. 1194
Source: StateNet

LASigned into law 06/2004P-12Provides for early retirement for state employee retirement members with actuarial reduction of benefits; requires abolition of positions vacated by early retirement and permits reestablishment only as provided. http://www.legis.state.la.us/leg_docs/04RS/CVT8/OUT/0000LRSO.PDF
Title: H.B. 58
Source: StateNet

MOSigned into law 06/2004P-12Appropriates money for the expenses, grants, refunds, and distributions of the State Board of Education and the Department of Elementary and Secondary Education.

http://www.house.state.mo.us/bills041/biltxt/truly/HB1002T.HTM
Title: H.B. 1002
Source: StateNet

OKSigned into law 06/2004P-12Makes appropriations to the state board; transfers funds to the Teachers' Retirement System; provides funds for an Internet school, parent training, advanced placement programs, alternate education, staff development and early intervention programs. Caps the number of employees at the State Department of Education for the fiscal year ending June 30, 2005 at 400 FTE. Also targets numbers of employees within the 400 to specific areas (e.g., 87.75 for the Oklahoma Early Intervention Act; 1 to coordinate support personnel concerns). http://www.lsb.state.ok.us/house/ohorpage.htm
Title: H.B. 2012
Source: http://www.lsb.state.ok.us

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

LASigned into law 05/2004P-12Relates to funds and funding; provides with respect to the Support Education in Louisiana First Fund.

The monies in this fund shall be used only as provided in this bill and only in the amounts appropriated by the legislature. Requires that all unexpended and unencumbered monies in this fund at the end of each fiscal year shall remain in the fund. and shall retain their allocation for use and expenditure in accordance with the provisions this bill.

http://www.legis.state.la.us/leg_docs/04RS/CVT8/OUT/0000LL9V.PDF
Title: S.B. 506
Source: StateNet

MESigned into law 05/2004P-12The bill provides that by fiscal year 2009-10 the state share of kindergarten to grade 12 education funding, as described by essential programs and services, must be 55%. It also establishes a local cost share expectation for property tax years beginning on or after April 1, 2005. The Commissioner of Education shall annually notify each school administrative unit of its expectation. This expectation must decline over the period from fiscal year 2005-06 to fiscal year 2009-10. The expectation may not exceed 9.0 mills in fiscal year 2005-06. It may not exceed 8.0 mills in fiscal year 2009-10. The legislative body of a school administrative unit may not adopt a property tax rate that exceeds its mill expectation unless, in a vote separate from its adoption of the school budget, it votes to increase the property tax rate.

The bill also places transportation operating costs into the essential programs and services funding formula. It also states that special education costs will be included in essential programs and services starting in fiscal year 2005-06. Beginning in fiscal year 2004-05, the Department of Education will provide training in state-approved guidelines for identification of special education students. The bill also places early childhood education program costs and vocational education program costs into essential programs and services no later than fiscal year 2007-08.

Note Sec. 16:
Basis for funding costs of education from kindergarten to grade 12. Notwithstanding any other provision of law, beginning in fiscal year 2005-06, funding of the costs of education from kindergarten to grade 12 must be based on the cost of providing essential programs and services as described in the Maine Revised Statutes, Title 20-A, chapter 606-B.

http://www.mainelegislature.org/legis/bills/ld_title.asp?ld=1924
Title: S.P. 761
Source: StateNet

MNTo governor 05/2004P-12Relates to state government; appropriates money for prekindergarten through grade 12 education, including general education, education excellence, special programs, and facilities and technology; early childhood and family education, including prevention and self-sufficiency and lifelong learning; and health and human services.

http://www.revisor.leg.state.mn.us/slaws/2004/c272.html
Title: H.F. 2867
Source: StateNet

MSSigned into law 05/2004P-12Relates to an appropriation for the State Department of Education General Programs, Education Reform Act and Vocational Education.

http://billstatus.ls.state.ms.us/documents/2004/pdf/HB/1600-1699/HB1696SG.pdf
Title: H.B. 1696
Source: StateNet

MSSigned into law 05/2004Postsec.
Community College
Relates to Junior Colleges Administration appropriation.
Title: S.B. 3121
Source: StateNet

MSSigned into law 05/2004Postsec.
Community College
Relates to Junior Colleges support appropriation.

http://billstatus.ls.state.ms.us/documents/2004/html/SB/3100-3199/SB3122PS.htm
Title: S.B. 3122
Source: StateNet

MSSigned into law 05/2004Postsec.
Community College
Relates to a Institution of Higher Learning general support appropriation.
Title: S.B. 3120
Source: StateNet

TNSigned into law 05/2004P-12Adds the Select Committee on the Tennessee Education Lottery Corporation to education committees as committees reviewing governor's proposed appropriations for educational programs and purposes prior to final action by the finance, ways and means committees.
Title: S.B. 2115
Source: StateNet

VTSigned into law 05/2004P-12This act establishes an equalized pupil count for union and unified union school districts, removes the system of assessing member districts to fund union and unified union school districts, and directs the commissioner of education to send funding directly to union and unified union school districts. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/acts/ACT130.HTM
Title: S.B. 315
Source: http://www.leg.state.vt.us

IDSigned into law 04/2004Postsec.
Community College
Appropriates funds to the State Board of Education and the Board of Regents of the University of Idaho; requires the state board of education to track faculty, nonfaculty exempt and classified employees turnover; provides legislative intent regarding funding equity among the state's four-year institutions; specifies other expenditures. http://www3.state.id.us/oasis/2004/H0768.html
Title: H.B. 768
Source: Idaho Legislative Web site

TNSigned into law 04/2004P-12Basic Education Program (BEP) - Provides that 40 percent of growth funds under the BEP are to be distributed to eligible LEAs by January 1 with the remainder distributed by the subsequent June 30.
Title: S.B. 3349
Source: StateNet

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

IDSigned into law 03/2004P-12Relates to the investment of permanent endowment funds to clarify market value allocation between the permanent endowment funds and the earnings reserve funds; establishes benchmark values to be annually modified for comparison with the current market value of the permanent endowment fund; provides for making up reducing transfers or appropriations which exceed a benchmark value. http://www3.state.id.us/oasis/S1306.html#billtext
Title: S.B. 1306
Source: Idaho Legislative Web site

UTSigned into law 03/2004P-12Creates a restricted account for the deposit of the earnings derived from the investment of the permanent State School Fund.
Title: H.B. 78
Source: StateNet

WVSigned into law 03/2004Postsec.Makes a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated balance in the state fund, general revenue, to higher education policy commission - higher education policy commission - system - control account, fund 0586, fiscal year 2005, organization 0442, supplements and amends the appropriations for the fiscal year ending June 30, 2005.
Title: S.B. 1014
Source: StateNet

WYSigned into law 03/2004P-12Relates to the investment of state funds; modifies spending policy amounts from investments of permanent Wyoming mineral trust funds and the common school account within the permanent land fund.
Title: H.B. 101
Source: StateNet

SDSigned into law 02/2004P-12
Postsec.
Appropriations bill. Appropriates money to enhance the quality of education in the state; provides also for postsecondary education.
Title: S.B. 150
Source: StateNet

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