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
CAVetoed 09/2004Community College
Postsec.
Authorizes the Board of Governors of the California Community Colleges to employ up to 6 deputy and vice chancellors appointed by the Governor upon recommendation of the board of governors. http://www.leginfo.ca.gov/pub/bill/sen/sb_1801-1850/sb_1817_bill_20040826_enrolled.html
http://www.governor.ca.gov/govsite/pdf/press_release/SB_1817_veto.pdf
Title: S.B. 1817
Source: California Legislative Web site

ILSigned into law 09/2004P-12Under the School Employee Benefit Act, provides the prescription drug benefit program shall be maintained on an ongoing, affordable basis, and the cost to school districts shall not exceed the State's actual program costs.

Makes changes to the provisions concerning the State Board of Education and State Superintendent of Education. Terminates the terms of certain members of the State Board of Education on the effective date of the amendatory Act and provides for new members to be appointed by the Governor, with the advice and consent of the Senate (including a chairperson). Provides that the Governor who takes office on the second Monday of January after his or her election shall be the person who nominates members to fill vacancies whose terms begin after that date and before the term of the next Governor begins. Allows the Governor to remove a member for incompetence, neglect of duty, or malfeasance.

Provides that upon expiration or buyout of the contract of the State Superintendent in office on the effective date of the amendatory Act, a State Superintendent shall be appointed by a State Board that includes the new members who were appointed to fill seats of members whose terms were terminated on the effective date of the amendatory Act. Thereafter, a State Superintendent must, at a minimum, be appointed at the beginning of each term of a Governor after that Governor has made appointments to the State Board. Provides that a contract issued for the employment of a State Superintendent entered into on or after the effective date of the amendatory Act must expire no later than February 1, 2007, and subsequent contracts must expire no later than February 1 each 4 years thereafter. Prohibits a contract from being extended or renewed beyond February 1, 2007 and February 1 each 4 years thereafter, but provides that the State Superintendent shall serve until his or her successor is appointed. Provides that each contract entered into on or before January 8, 2007, with a State Superintendent must provide that the State Board may terminate the contract for cause, and the State Board shall not thereafter be liable for further payments under the contract. Restores current law requiring the State Board to set the State Superintendent's compensation.

Restores current law requiring a majority vote of the members appointed, confirmed, and serving to approve any action, except that the new Board members may vote to approve actions when appointed and serving. Provides that upon appointment of the new Board members, the Board shall review all of its current rules in an effort to streamline procedures, improve efficiency, and eliminate unnecessary forms and paperwork.

Requires the State Board to create certain divisions within the State Board. Provides that rules of the State Board must be in accordance with the Illinois Administrative Procedure Act. Provides that the State Board may not adopt any rule or policy that alters the intent of the authorizing law or that supersedes federal or State law. Provides that the State Board may not make policies affecting school districts that have the effect of rules without following the procedures of the Illinois Administrative Procedure Act.

Requires the State Board to develop and maintain a continuing 5-year strategic plan for elementary and secondary education, to be issued to the Governor and General Assembly. Lists topic areas that the plan must include.

Removes the provision allowing the State Board to create shared service centers. Provides instead that the State Board is granted the power to provide certain regional services, either through a regional administrative technology center or otherwise.

Requires a school district's calendar for the school term and any changes to be submitted to and approved by the regional superintendent of schools (the State Board of Education in Chicago) before the calendar or any changes may take effect.

Gives the regional superintendent of schools the duty to assist and support school districts with the preparation and submission of grant applications and the duty to accept and review all transcripts for new initial certificate applications and ensure that each applicant has met all of the criteria established by the State Board of Education in consultation with the State Teacher Certification Board.

Makes other changes. Effective immediately. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-1036
Title: S.B. 3000
Source: Illinois Legislative Web site

FLRule Adoption 07/2004Community College
Postsec.
Repeals rules pertaining to the State Board of Community Colleges. Provides changes in governance and subsequent transfers of powers and duties to the State Board of Education. FLORIDA REG 28449 (SN)
Title: FAC 6A-14.004, .0243, .0247, .0262, .0341, .039, .0412, .063, .073, .0732, .0735, .0751, .0752, .0771, .0772, .078
Source: Florida State Web site

FLRule Adoption 07/2004Community College
Postsec.
Repeals rules governing the State Board of Community Colleges.
Title: FAC 6H-1.017, .030, .041, .042, .044, .045
Source: Florida State Web site

AZSigned into law 06/2004Community College
Postsec.
Continues the transfer and removal of general administrative powers, authorities, reporting, oversight and responsibilities of the State Board of Directors for Community Colleges. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0336.htm
Title: H.B. 2601
Source: Arizona 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

AZSigned into law 05/2004P-12Amends the membership of the State Board for Charter Schools to include at least one resident of an Indian reservation, a charter school teacher, and an operator of a charter school. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0257.htm.
Title: H.B. 2580
Source: Arizona Legislative Web site

COSigned into law 05/2004Community College
Postsec.
Enacts recommendations of governor's task force on the community college system; reduction of the system office's administrative costs by 35% and use of saved funds to finance recommendations including installation of a systemwide information technology system; restructuring of the distance learning system for all community colleges; limiting institutional research to the colleges; conducting a comprehensive review of career and technical education administrative costs. Any additional monies available because of reduced administrative costs should be used for classroom instruction and to support colleges. Develop a master plan for the use or sale of property at the Lowry Campus except for property used by the Community College of Aurora or by the Community College of Denver. Nothing in the law should prohibit allowing a charter school to be located or cause the displacement of a charter school located at the Lowry Campus prior to the development of the master plan. Proceeds from the Lowry property are to be used for system capital development projects. Required reports. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont3/DDDD429D87C8711187256DC5005770B7?Open&file=1086_enr.pdf
Title: H.B. 1086
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

ALSigned into law 04/2004P-12
Postsec.
Community College
Relates to the licensing and regulating of certain schools offering courses of instruction; amends specify schools exemptions from licensing requirements; amends specification of the licensing authority of the Alabama Department of Postsecondary Education, to increase the maximum required surety for postsecondary proprietary institutions. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
Title: H.B. 196
Source: Alabama Legislative Web site

IDSigned into law 04/2004P-12Relates to public charter schools; revises limits on the number of public charter schools; governs methods of forming a public charter school; provides additional limitations on authorizing a charter; provides rules to be adopted by the State Board of Education; designates certain local educational agencies; clarifies liability for public charter schools; requires certain financial reporting; creates an independent public charter school commission. http://www3.state.id.us/oasis/S1444.html#engr
Title: S.B. 1444
Source: Idaho Legislative Web site

NMSigned into law 03/2004P-12Relates to education; creates the "public education department" in the executive branch. The department is a cabinet department. The
secretary may organize the department and divisions of the department and may transfer or merge functions between divisions and bureaus in the interest of efficiency and economy. The administrative head of the department is the "secretary of public education", who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet. Creates the Public Education Commission. The commission shall be administratively attached to the department, with administrative staff provided by the
department. Additional requests for staff services shall be made through the secretary. The commission shall advise the department on policy matters and shall perform other functions as provided by law.provides powers and duties. http://legis.state.nm.us/Sessions/04%20Regular/final/HB0096.pdf
Title: H.B. 96
Source: http://legis.state.nm.us

NMPocket Veto by GOVERNOR. 03/2004P-12Provides for transition to the Public Education Department.
Title: H.B. 161
Source: StateNet

ARSigned into law 02/2004P-12Creates the Division of Public School Accountability and the Arkansas Public Schools Accountability Advisory Council; creates the Division of Public School Academic Facilities to ensure equal access to adequate educational facilities and educational equipment; requires realignment of the state department of education (not to be incorporated into Arkansas Code or published separately) and creates a task force to make recommendations on realignment; amends terms for state board of education. members.http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1009.pdf
Title: H.B. 1009
Source: Arkansas Legislative Web site

NYRule Adoption 02/2004P-12
Postsec.
Conforms the rules of the Board of Regents to a recent reorganization of the committee structure of the Board of Regents, which merged the Committee on Higher and Professional Education and the Committee on Professional Practice, and merged the Committee on Elementary, Middle, Secondary and Continuing Education and the Committee on Vocational Educational Services for Individuals with Disabilities. NEW YORK REG 16424 (SN)
Title: Title 8 NYCRR 3.2 and 4-1.5
Source: StateNet

+ 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
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+ 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
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+ P-3 Finance
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+ P-3 Grades 1-3
+ P-3 Kindergarten
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+ Postsecondary
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+ Postsecondary Affordability--Tuition/Fees--Undocumented Immigrants
+ Postsecondary Faculty
+ Postsecondary Faculty--Compensation
+ Postsecondary Faculty--Intellectual Property
+ Postsecondary Faculty--Teaching Assistants
+ Postsecondary Faculty--Tenure
+ Postsecondary Finance
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+ Postsecondary Online Instruction
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+ School/District Structure/Operations
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+ School/District Structure/Operations--Food Service
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+ 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
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+ Student Achievement
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+ Teaching Quality
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