ECS
From the ECS State Policy Database
2005 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 2005. 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--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--Computer Based
+ Assessment--End-of-Course
+ Assessment--Formative/Interim
+ Assessment--High Stakes/Competency
+ 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
+ Career/Technical Education
+ Career/Technical Education--Career Academies/Apprenticeship
+ Cheating
+ Choice of Schools--Charter Schools
+ Choice of Schools--Charter Schools--Charter Districts
+ Choice of Schools--Charter Schools--Closings
+ 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--Tax Credits
+ Choice of Schools--Vouchers
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Arts Education
+ Curriculum--Censorship
+ Curriculum--Core Curriculum
+ Curriculum--Drivers Education
+ Curriculum--Environmental Education
+ 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--Mathematics
+ Curriculum--Multicultural
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Curriculum--Speech Education
+ Data-Driven Improvement
+ Demographics--Enrollments
+ Desegregation
+ Economic/Workforce Development
+ Education Research
+ Equity
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--District
+ Finance--Equity
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ Finance--Litigation
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
+ Finance--Resource Efficiency
+ Finance--State Budgets/Expenditures
+ Finance--Student Fees
+ Finance--Taxes/Revenues
+ Finance--Taxes/Revenues--Alternative Revenues
+ Governance
+ 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
+ High School
+ High School--Advanced Placement
+ High School--College Readiness
+ High School--Dropout Rates/Graduation Rates
+ High School--Dual/Concurrent Enrollment
+ High School--Early Colleges/Middle Colleges
+ 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--Single-Sex Education
+ Integrated Services/Full-Service Schools
+ Leadership
+ Leadership--District Superintendent
+ Leadership--Principal/School Leadership
+ 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--Tenure
+ Middle School
+ Minority/Diversity Issues
+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ 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 Child Care
+ P-3 Early Intervention (0-3)
+ P-3 Ensuring Quality
+ P-3 Evaluation/Economic Benefits
+ P-3 Family Involvement
+ P-3 Finance
+ P-3 Grades 1-3
+ P-3 Kindergarten--Full-Day Kindergarten
+ P-3 Preschool
+ P-3 Teaching Quality/Professional Development
+ Parent/Family
+ Parent/Family--Parent Rights
+ Partnerships--University/School
+ Postsecondary
+ Postsecondary Accountability
+ Postsecondary Accountability--Accreditation
+ Postsecondary Accountability--Diploma Mills
+ Postsecondary Affordability--Financial Aid
+ Postsecondary Affordability--Tuition/Fees
+ Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans
+ Postsecondary Affordability--Tuition/Fees--Undocumented Immigrants
+ Postsecondary Faculty
+ Postsecondary Faculty--Compensation
+ Postsecondary Faculty--Intellectual Property
+ Postsecondary Faculty--Teaching Assistants
+ Postsecondary Finance
+ Postsecondary Governance and Structures
+ Postsecondary Institutions--Community/Technical Colleges
+ Postsecondary Institutions--For-Profit/Proprietary
+ Postsecondary Institutions--Private/Independent
+ Postsecondary Online Instruction
+ Postsecondary Participation--Access
+ Postsecondary Participation--Admissions Requirements
+ Postsecondary Participation--Affirmative Action
+ Postsecondary Participation--Outreach
+ Postsecondary Students--Disabled
+ Postsecondary Students--Minority
+ Postsecondary Success--Completion
+ Postsecondary Success--Developmental/Remediation
+ Postsecondary Success--Transfer/Articulation
+ Private Schools
+ Privatization
+ Promotion/Retention
+ Reading/Literacy
+ Religion
+ Religion--Prayer/Meditation
+ Rural
+ Scheduling/School Calendar
+ Scheduling/School Calendar--Day/Class Length
+ Scheduling/School Calendar--Extended Day Programs
+ Scheduling/School Calendar--Summer School
+ Scheduling/School Calendar--Year
+ School Safety
+ School Safety--Bullying Prevention/Conflict Resolution
+ School Safety--Code of Conduct
+ School Safety--Expulsion/Suspension
+ School Safety--No Child Left Behind--Safe Schools
+ School Safety--Sexual Harassment and Assault
+ School Safety--Special Education
+ School Safety--Uniforms/Dress Codes
+ School/District Structure/Operations
+ School/District Structure/Operations--District Consolidation/Deconsolidation
+ School/District Structure/Operations--Facilities
+ 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--Placement
+ Special Education--Transition
+ Special Populations--Corrections Education
- Special Populations--Gifted and Talented
LAAdopted 12/2005P-12Establishes new special education course codes that will allow students with disabilities and gifted and talented students to earn Carnegie units and it will allow districts to track the courses in which the students are enrolled.
AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064
Page 5 of 106 http://www.doa.state.la.us/osr/reg/0512/0512RUL.pdf
Title: LAC 28:CXV.2333, 2355, 2364 and 2369
Source: www.doa.state.la.us, Lexis-Nexis/StateNet

NMRule Adoption 09/2005P-12Amends rules relating to special education and children with disabilities as well as gifted children. Relates to the rights and responsibilities of the Public Schools and of the students. NEW MEXICO REG 4351 (SN)
Title: NMAC 6.31.2, 6.11.2
Source: StateNet

ILSigned into law 08/2005P-12Sets forth requirements concerning gifted and talented programs. Provides definition of "gifted and talented children." Establishes non-discrimination provisions. Establishes requirements for local programs regarding identification methods and procedures, appeals processes, parental and community awareness, parental notification and program components. Requires programs to include (1) a description of how gifted and talented children will be grouped and instructed in order to maximize the program's educational benefits, including curriculum modifications and options that accelerate and add depth and complexity to the curriculum content; (2) An explanation of how the program emphasizes higher-level skills attainment, including problem-solving, critical thinking, creative thinking, and research skills, as embedded within relevant content areas; (3) A methodology for measuring participating students' academic growth and a procedure for communicating a child's progress to his or her parents or guardian, including a report card; (4) The collection of data on growth in learning for children in a program for gifted and talented children and the reporting of the data to the state board. (5) The designation of a supervisor responsible for overseeing the program. (6) Demonstration that the certified teachers assigned to teach gifted and talented children understand the characteristics and educational needs of children and are able to differentiate the curriculum and apply instructional methods to meet the needs of the children. (7) Plans for the continuation of professional development for staff assigned to gifted and talented program.

Sets forth state board responsibilities for administering the program. Requires the state board to make grants available to fund gifted and talented programs. Establishes procedures for awarding grants. Authorizes the state board to enter into and monitor contracts with school districts, regional offices of education, colleges, universities, and professional organizations for conducting experimental projects and institutes, including summer institutes, in the field of gifted and talented education.

Establishes an Advisory Council on the Education of Gifted and Talented Children. Establishes membership and responsibilities.

Requires local programs to comply with these provisions by September 1, 2006 for purposes of state funding. Effective July 1, 2005.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0410
Title: H.B. 881 -- Gifted and Talented Programs
Source: www.ilga.gov

ILSigned into law 07/2005P-12Changes certain references from recognition by the state board to approval by the state board. Provides that a local program for the education of gifted and talented children must use a minimum of 3 assessment measures used to identify gifted and talented children in each area in which a program for gifted and talented children is established (rather than in each area of aptitude) and provide a fair and impartial appeal process within the school, school district, or cooperative of school districts operating a program (rather than within the local educational agency) for parents or guardians of aggrieved children. Provides that a local program for the education of gifted and talented children must provide a description of how gifted and talented children will be grouped and instructed in order to maximize the educational benefits the children derive from participation in the program (rather than a description of how the children will be grouped and instructed in language arts and in mathematics in order to maximize the educational benefits they derive from participation in a program addressing those areas of aptitude) and a showing that the certified teachers who are assigned to teach gifted and talented children understand the characteristics and educational needs of the children and are able to differentiate the curriculum (rather than are qualified to address the educational needs of the children and to differentiate the curriculum). Provides that initially, 4 members of the Advisory Council shall serve terms through January 1, 2007 and 3 members will serve terms through January 1, 2009. Makes other changes.

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0151
Title: S.B. 223
Source: http://www.ilga.gov

MNSigned into law 07/2005P-12Gifted and talented revenue for each district equals $4 times the district's adjusted marginal cost pupil units for fiscal year 2006 and $9 for fiscal year 2007 and later. A school district must reserve gifted and talented revenue and, consistent with section 120B.15, must spend the revenue only to: (1) identify gifted and talented students; (2) provide education programs for gifted and talented students; or (3) provide staff development to prepare teachers to best meet the unique needs of gifted and talented students.

School districts may identify students, locally develop programs, provide staff development, and evaluate programs to provide gifted and talented students with challenging educational programs. School districts may adopt guidelines for assessing and identifying students for participation in gifted and talented programs. The guidelines should include the use of: (1) multiple and objective criteria; and (2) assessments and procedures that are valid and reliable, fair, and based on current theory and research.

http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0141.1&session_year=2005&session_number=1
Title: H.F. 141 - Multiple Components
Source: http://www.revisor.leg.state.mn.us

NYRule Adoption 07/2005P-12Amends regulations to clarify and strengthen the education requirements for the extension of a teaching certificate in gifted education to better align with the competencies tested in the teacher certification examination for this extension as articulated in the examination's framework, and defer the implementation of the requirement for the extension. http://www.dos.state.ny.us/info/register/2005/aug10/pdf/rules.pdf
Title: Title 8 NYCRR 52.21(b)(4)(v), 80-4.1(a)(2), 80-4.3(d)
Source: StateNet

NVSigned into law 06/2005P-12Provides for the enrollment of certain pupils in a university school for profoundly gifted pupils in lieu of enrolling in the schools that such pupils are otherwise scheduled to attend.

A university school for profoundly gifted pupils will determine the eligibility of a pupil for admission to the school based upon a comprehensive assessment of the pupil's potential for academic and intellectual achievement at the school, including, without limitation, intellectual and academic ability, motivation, emotional maturity and readiness for the environment of an accelerated educational program. The assessment must be conducted by a broad-based committee of professionals in the field of education.

Profoundly gifted pupil" means a person who is under the age of 18 years:
1. Whose intelligence quotient as determined by an individual administration of the Wechsler or Stanford-Binet Series tests or other test approved by the governing body of the university school for profoundly gifted pupils is at or above the 99.9th percentile; or
2. Who scores at or above the 99.9th percentile for his age on an aptitude or achievement test, including, without limitation, the Scholastic Aptitude Test or the American College Test.

http://leg.state.nv.us/73rd/bills/SB/SB461_EN.pdf
Title: S.B. 461
Source: StateNet

AZSigned into law 04/2005P-12Specifies that "child with a disability" does not mean a child who has difficulty in writing, speaking or understanding the English language due to an environmental background in which a language other than English is primarily or exclusively used. Deletes language pertaining to "gifted child" from language related to special education. Rewrites definition of special education to mean "specially designed instruction that meets the unique needs of a child with a disability and that is provided without cost to the parents of the child." Adds definition of "specially designed instruction" to designate "adapting the content, methodology or delivery of instruction to address the unique needs of a child with a disability and to ensure that child's access to the general curriculum" as identified in the state board's academic standards.

Creates new sections defining "gifted pupil," "gifted education," and setting forth local board responsibilities for the education of gifted children. Requires every local board to develop a scope and sequence for identifying and modifying curriculum for gifted students to ensure that such students receive gifted education commensurate with their academic abilities and potentials. Requires every district's annual financial report to include the dollar amount spent on programs for gifted students and the number of students enrolled in programs or receiving services by grade level.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1072
Title: S.B. 1072
Source: www.azleg.state.az.us

KYSigned into law 03/2005P-12Authorizes Governor's Scholars Program, Inc. to manage and operate the Governor's Scholars Program and hire, fire, and manage personnel, including the executive director. Transfers the Governor's Scholars Program from the Education Cabinet to the Governor's Office for administrative purposes; establishes procedures for appointing members of program board. Clarifies that the enrichment program for academically gifted students is "to enhance the next generation of civic and economic leaders and create models of educational excellence." http://lrc.ky.gov/RECORD/05RS/SB134.htm
Title: S.B. 134
Source: lrc.ky.gov

SDSigned into law 02/2005P-12Repeals the requirement that the state board establish standards for gifted and talented educational programs; appeals procedures involving identification, placement or program; and criteria for identification (13-33-17). [Historical note: state funding for gifted education was repealed in 1997.] http://legis.state.sd.us/sessions/2005/bills/HB1063enr.pdf
Title: H.B. 1063
Source: http://legis.state.sd.us

+ Special Populations--Homeless Education
+ Standards
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Task Forces/Commissions
+ STEM
+ 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--Mobility
+ Students--Records/Rights
+ Teaching Quality
+ Teaching Quality--Certification and Licensure
+ Teaching Quality--Certification and Licensure--Alternative
+ 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--Reduction in Force
+ Teaching Quality--Teacher Attitudes
+ Teaching Quality--Teacher Rights
+ Teaching Quality--Tenure or Continuing Contract
+ Teaching Quality--Unions/Collective Bargaining
+ Teaching Quality--Unions/Collective Bargaining--Strikes
+ Technology
+ Technology--Computer Skills
+ Technology--Devices/Software/Hardware
+ Technology--Equitable Access
+ Technology--Funding Issues
+ Technology--Internet Safety
+ Textbooks and Open Source