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
+ 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
CASigned into law 10/2005P-12 Prohibited substances. The bill would prohibit specified dietary supplements from being used by a pupil participating in interscholastic high school sports 60 days after specified information is posted on the State Departmentof Education's Internet Web site. The bill would require the California Interscholastic Federation to amend its constitution and bylaws to require that school districts prohibit a pupil from participating in high school sports on and after July 1, 2006, unless that pupil signs a pledge not to use anabolic steroids without a prescription from a licensed health care practioner or a prohibited dietary supplement and the parent or guardian of that pupil signs a notification form regarding those restrictions.

Title: S.B. 37
Source: StateNet

CASigned into law 09/2005P-12Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from
participation in, being denied the benefits of, or being subject to, discrimination under any education program or activity receiving
federal financial assistance. This bill would enact the Athletes' Bill of Rights and would enumerate the rights available to a pupil relating to gender equity in athletics. The bill would require the State Department of Education, by July 1, 2006, to post these rights on its Web site.

Title: H.B. 322
Source: StateNet

MAEmergency Rule Adoption 08/2005P-12Amends rules regarding student records. Complies with federal law concerning access to student records by non-custodial parents. MASSACHUSETTS REG 8599 (SN)
Title: 603 CMR 23.00
Source: StateNet

ILSigned into law 07/2005P-12Prohibits a university or community college from printing an individual's social security number on any card or other document required for the
individual to access products or services provided by the university.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0226
Title: S.B. 445
Source: http://www.ilga.gov

MNSigned into law 07/2005P-12School officials must not use the refusal of a parent or guardian to consent to the administration of psychotropic drugs to their student or to consent to a psychiatric evaluation, screening or examination of the student as a ground, by itself, to prohibit the student from attending class or participating in a school-related activity, or as a basis of a charge of child abuse, child neglect or medical or educational neglect.


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

ORSigned into law 07/2005P-12Allows any student to refuse to dissect any vertebrate or invertebrate animal or the parent or legal guardian of a public school student to refuse to allow the student to dissect any vertebrate or invertebrate animal. A school district that includes dissection as part of its coursework must permit students to demonstrate competency in the coursework through alternative materials or methods of learning that do not include the dissection of animals. These alternative materials and methods may include but are not limited to: (a) Videotapes, DVDs and CD-ROMs;
(b) Models; (c) Films; (d) Books; (e) Computer programs; (f) Clay modeling; and (g) Transparencies. Prohibits discrimination against these students. http://www.leg.state.or.us/05reg/measpdf/sb0300.dir/sb0383.en.pdf
Title: S.B. 383
Source: http://www.leg.state.or.us

FLSigned into law 06/2005Postsec.
Community College
Relates to Florida College Savings Program/OGSR. Removes confidentiality of information regarding individual account activities conducted through the savings program. Removes clause that this section (1009.981) is subject to the Open Government Sunset Review Act
of 1995. Deletes provisions that provide for repeal of exemption under Open Government Sunset Review Act.

http://www.myfloridahouse.gov/bills_detail.aspx?Id=17578&sBillNumberText=1729&iSessionSelectedIndex=1&iChamberSelectedIndex=2
Title: H.B. 1729
Source: www.myfloridahouse.gov

TNSigned into law 06/2005Postsec.Requires institutions of higher education to inform parents and students of students' option to execute consent forms authorizing the institution of higher education to release certain otherwise confidential education records, as defined by federal law, to a designated parent, upon request.Limited to pilot program at Middle Tennessee State University for one year, and then will be evaluated and a decision made about whether to expand to all higher education institutions. http://www.capitol.tn.gov/Bills/104/Chapter/PC0313.pdf
Title: S.B. 98
Source: http://www.legislature.state.tn.us

FLSigned into law 05/2005P-12Creates exemption from public records requirements for individual records of children enrolled in Voluntary Prekindergarten Education Program. Specifies that such records include assessment data, health data, records of teacher observations, and personal identifying information of an enrolled child and his or her parent. States that a parent has the right to inspect and review the individual Voluntary Prekindergarten Education Program record of his or her child and to obtain a copy of such record. Provides for retroactive application; provides for exceptions to exemption; provides for future review & repeal; provides statement of public necessity.

http://www.myfloridahouse.gov/bills_detail.aspx?Id=17522&sBillNumberText=1695&iSessionSelectedIndex=1&iChamberSelectedIndex=2
Title: H.B. 1695
Source: www.myfloridahouse.gov

GASigned into law 05/2005Postsec.Relates to the University System of Georgia; provides that a student in an education degree program shall not be required to join a professional association as a condition of enrollment. http://www.legis.state.ga.us/legis/2005_06/versions/hb553_HB_553_AP_7.htm
Title: H.B. 553
Source: http://www.legis.state.ga.us

OKSigned into law 05/2005P-12Adds a new section of law. Beginning with the 2007-2008 school year, upon initial enrollment in a public school district, schools are required to request the parent or guardian to provide information to the school district regarding participation in the following:

1. A childcare program that is licensed pursuant to the tiered licensing system established by the Department of Human Services;

2. The Sooner Start program operated by the state department of education;

3. The Oklahoma Parents as Teachers program operated by the state department of education;

4. The Children First program operated by the state department of health;

5. Any child abuse prevention program operated by the state department of health;

6. Any federally funded Head Start program;

7. Any other early childhood program funded by state or federal monies as determined by the state board.
Requires the state department to verify the accuracy of this data and use it as part of the statewide student record system. http://www2.lsb.state.ok.us/2005-06SB/sb569_enr.rtf
Title: S.B. 569
Source: http://www2.lsb.state.ok.us

TXSigned into law 05/2005P-12From analysis: H.B. 25 requires school districts to transfer student records within 10 days of a request being received from the new district (decreased from 30 days), directs districts to help ease student transition during the first two weeks at a new school, encourages districts help new students gain access to extracurricular activities, encourages districts to partner with local military bases on this issue, and instructs districts to assist military dependents in this situation in applying to post-secondary education and in applying for financial aid.
In addition, H.B. 25 directs the TEA to take steps to assist students who must transfer into a Texas school during the second semester of their senior year in high school. If a student in this category is also coming from out of state for the first time, or has not attended a Texas school in four years, then the commissioner of education is directed to establish and use an alternate performance criteria for graduation from high school for those students. This will enable qualified military dependent students to graduate from high school on time.
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00025&VERSION=5&TYPE=B
Title: H.B. 25
Source: http://www.capitol.state.tx.us

ARSigned into law 04/2005Postsec.
Community College
Allows criminal history background checks of certain students and prospective students. Allows electronic dissemination of criminal history information to institutions of higher education for students enrolled in, and prospective students seeking enrollment to, a medical, nursing, pharmacy, or other health-related course of study at an institution of higher education in the state, with the written consent of the student or prospective student for the noncriminal justice purposes.

http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2595.pdf
Title: H.B. 2595
Source: www.arkleg.state.ar.us

ARSigned into law 04/2005P-12Repeals provision that notation must be made on a student's transcript to indicate each special education class included on the transcript.

Establishes that school day must consist of at least rather than fewer than six hours of instructional time.

Allows a school district to include as part of the school day the travel time between public schools or other educational programs of those students attending classes or programs authorized by law.

http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf
Title: S.B. 1044 (sections 14-15)
Source: www.arkleg.state.ar.us

ARSigned into law 04/2005P-12
Postsec.
Community College
Requires high schools and institutions of higher education to provide uniform, electronic student transcripts to the department of higher education in order to process financial aid applications. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2488.pdf
Title: H.B. 2488
Source: StateNet

AZVetoed 04/2005P-12Bars a teacher, principal, counselor or other district or charter school employee, unless the parent is notified in writing and provides written consent to the disclosure of the information requested, from:
(1) Undertaking or contracting to undertake any behavioral or mental health screening on a student in grades K-12.
(2) Asking or compelling a K-12 student to disclose personal information about the student's or student's family's behavioral or mental health history.
(3) Requiring a K-12 student to participate in a survey, assessment, screening, analysis or evaluation used to detect any behavioral or mental disorder or illness.
Specifies the necessary content for written notification.
Exempts the chemical abuse and related gang activity survey conducted by the Arizona Criminal Justice Commission from these provisions.

http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1270
Title: S.B. 1270
Source: www.azleg.state.az.us

WASigned into law 04/2005Postsec.
Community College
Places restrictions on the marketing or merchandising of credit cards to students at the states institutions of higher education. http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Session%20Law%202005/5506-S.SL.pdf
Title: S.B. 5506
Source: http://www.leg.wa.gov/

MESigned into law 03/2005P-12
Postsec.
Community College
Forbids the denial of rights in employment, housing, public accommodations, credit, and education opportunity to individuals based on their sexual orientation; provides certain exemptions for certain religious organizations.

http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280016226&LD=1196&Type=1&SessionID=6
Title: S.P. 413
Source: StateNet

SDSigned into law 03/2005P-12Any seventh or eighth grade student who attends a nonpublic elementary or middle school that is not affiliated with a nonpublic high school may participate in interscholastic activities at a nonpublic high school, at the discretion of the nonpublic school, if the student meets the same
scholastic standards required by the South Dakota High School Activities Association for high school participation. http://legis.state.sd.us/sessions/2005/bills/HB1093enr.pdf
Title: H.B. 1093
Source: http://legis.state.sd.us

UTVetoed 03/2005P-12Prohibits school personnel from making certain medical recommendations for a minor, including the use of psychotropic drugs; prohibits the removal of a minor from parental custody based on a parent's refusal to consent to the administration of psychotropic drugs; prohibits the consideration of a petition for removal of a minor from parental custody based on a parent's refusal to consent to the administration of psychotropic drugs. http://www.le.state.ut.us/~2005/bills/hbillenr/hb0042.pdf
Title: H.B. 42
Source: http://www.le.state.ut.us

ARSigned into law 02/2005P-12Creates the Student Identity Protection Act. Bars schools and school districts from the use of a student's social security number or a portion of the number on any report, identification card, identification badge, or any document that will be made available or released to the public, a student, or a student's parent or guardian without express parental consent, or the student's consent if the student is at least 18 years old. Also makes it illegal to make a student's social security number available by reading the magnetic strip or other encoded information on the student's identification card. Does not refer to educational records that are transferred to or between the Department of Education, other public schools or school districts, or other governmental agencies as allowed or required by federal law, state law, or state board of education rule.
http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb1106.pdf
Title: H.B. 1106
Source: www.arkleg.state.ar.us

NMRule Adoption 02/2005P-12Proposes rules regarding examination opportunities, exam results, verification of exam results, and examination of record purposes. NEW MEXICO REG 4231 (SN)
Title: 11.12, 11.13, 11.15, 11.16
Source: StateNet

SDSigned into law 02/2005P-12Allows a school district to maintain permanent school records electronically rather than on microfilm.http://legis.state.sd.us/sessions/2005/bills/HB1081enr.pdf
Title: H.B. 1081
Source: http://legis.state.sd.us

NYSigned into law 01/2005P-12Authorizes caregivers to review school records and to consent to medical and dental diagnosis and treatment of a minor child, excuse absences from school and participation in school sponsored activities.
Title: S.B. 6818
Source: StateNet

+ 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