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
MI(H) PRESENTED TO THE GOVERNOR 9/16/2005 @ 2:54 PM 09/2005P-12Criminal background checks on school employees.
http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0129.pdf
Title: H.B. 4402
Source: StateNet

MI(H) PRESENTED TO THE GOVERNOR 9/16/2005 @ 2:58 PM 09/2005P-12If a person who is employed in any capacity by a school district, intermediate school district, public
school academy, or nonpublic school; who has applied for a position with a school district, intermediate school district,
public school academy, or nonpublic school and has had an initial criminal history check under section 1230 or criminal
records check under section 1230a; or who is regularly and continuously working under contract in a school district,
intermediate school district, public school academy, or nonpublic school, is charged with a crime listed in section 1535a(1)
or a violation of a substantially similar law of another state, a political subdivision of this state or another state, or of
the United States, the person shall report to the department and to the school district, intermediate school district,
public school academy, or nonpublic school that he or she has been charged with the crime. http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0131.pdf
Title: H.B. 4930
Source: StateNet

MISigned into law 09/2005P-12In addition to the criminal history check required under section 1230, the board of a school district or
intermediate school district or the governing body of a public school academy or nonpublic school shall request the
department of state police to conduct a criminal records check through the federal bureau of investigation on an
applicant for, or an individual who is hired for, any full-time or part-time employment or who is assigned to regularly
and continuously work under contract in any of its schools. Except as otherwise provided in this section, a board or
governing body shall not employ an individual or allow an individual to regularly and continuously work under contract
in any of its schools until after the board or governing body receives the results of the criminal records check. A board
or governing body requesting a criminal records check under this section shall require the individual to submit his or
her fingerprints to the department of state police for that purpose. The department of state police may charge a fee for
conducting the criminal records check. A board or governing body shall require an individual to submit his or her
fingerprints for the purposes of this section only at the time the individual initially applies for employment with the
board or governing body or is initially employed by the board or governing body or is initially assigned to work under
contract in any of its schools.

http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0138.pdf
Title: S.B. 601
Source: StateNet

ILSigned into law 07/2005P-12The Illinois State Police will be required to conduct, in addition to a fingerprint-based background check, a check of the Sex Offender Registry (SOR) under the Sex Offender and Child Murderer Community Notification Law, and a check of all valid and recorded orders of protection issued under the Domestic Violence Act of 1986. The School Safety and Educational Improvement Block Grant (also known as the ADA Block Grant) may be used by school districts to fund the cost of the background checks, the SOR checks and the check for orders of protection. There will not be an additional fee to check the SOR and it will not be performed by the ISP. Access to the ISP SOR website is free (other than Internet subscriber fees and personnel time). School districts, and regional superintendents in the case of substitutes, concurrent part-time teachers or concurrent educational support personnel, will be required to initiate a fingerprint-based background check, an SOR check and a check for orders or protection on an applicant for hire. The SOR and order of protection checks will be performed at the school district or the ROE.

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=3451&GAID=8&DocTypeID=HB&LegId=19530&SessionID=50&GA=94



Title: H.B. 3451
Source: http://www.ilga.gov

LASigned into law 07/2005P-12Prohibits, except under certain circumstances, city, parish, and other local public school boards and nonpublic schools and school systems from hiring specified persons who have been convicted of or pled nolo contendere to certain crimes as provided in present law. Provides that such specified persons also include any person employed by any person or entity that contracts with a school or school system for cafeteria, transportation, or janitorial or maintenance services (with certain exceptions for nonpublic schools) and a temporary, part-time, or permanent school employee of any kind. http://www.legis.state.la.us/billdata/streamdocument.asp?did=316825
Title: H.B. 178
Source: http://www.legis.state.la.us

AZSigned into law 05/2005P-12Authorizes a local superintendent, with the local board's approval, to issue individual contracts for teaching positions.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1516
Title: S.B. 1516 (Section 8)
Source: www.azleg.state.az.us

ARSigned into law 04/2005P-12Incorporates references to the state's Automated Fingerprint Identification System. Expands the definition of "cause" for purposes of waiving or suspending a teacher's license. Among changes to definition, includes knowingly falsifying or directing another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period. Deletes references to voluntary surrender of license. Allows state board to determine an applicant for a noncertified position in a district ineligible for employment has pleaded guilty or nolo contendere for specified crimes; is required to pass an examination as a requirement of his or her position and the applicant's completed examination test score was declared invalid because of the applicant's improper conduct; has an expunged or pardoned conviction for any sexual or physical abuse offense committed against a child; knowingly submits or provides false or misleading information or knowingly fails to submit or provide information requested or required by law to the department of education, the state board of education, or the division of legislative audit; or knowingly falsifies or directs another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period.

Amends definition of "fraudulent act" in Arkansas Code § 6-17-421.
http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf
Title: S.B. 1044 (sections 1-10)
Source: www.arkleg.state.ar.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

AZSigned into law 04/2005P-12Allows charter schools to hire personnel who have not yet received a fingerprint clearance card provided the charter school has followed specified procedures.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=2596
Title: H.B. 2596
Source: www.azleg.state.az.us

AZSigned into law 04/2005P-12Exempts volunteers and guest speakers engaged in instructional or supervisory work in a charter school from having a valid fingerprint clearance card provided they are accompanied in the classroom by a person with a valid fingerprint clearance card.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1059
Title: S.B. 1059
Source: www.azleg.state.az.us

MSSigned into law 04/2005P-12Contract personnel with contact with students; revise procedure for criminal background checks.
Title: H.B. 1377
Source: StateNet

KYSigned into law 03/2005P-12Permits a school district superintendent to require a national criminal history background check for a certificated job applicant who has resided in Kentucky twelve months or less; requires any national history background check results to be sent to the hiring superintendent. Requires an applicant for any district position to divulge all states in which he or she has lived and the dates of residency, and to provide photo identification.
http://lrc.ky.gov/RECORD/05RS/HB88.htm
Title: H.B. 88
Source: lrc.ky.gov

+ 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
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+ 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
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+ Private Schools
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+ Reading/Literacy
+ Religion
+ Religion--Prayer/Meditation
+ Rural
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+ Scheduling/School Calendar--Day/Class Length
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+ School Safety
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+ School Safety--Code of Conduct
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+ 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)
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+ Service-Learning
+ Special Education
+ Special Education--Federal Law/Regulations
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+ Standards
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+ STEM
+ Student Achievement
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+ Students
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+ Teaching Quality
+ Teaching Quality--Certification and Licensure
+ Teaching Quality--Certification and Licensure--Alternative
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+ 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