ECS
From the ECS State Policy Database
2006 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 2006. 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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- School/District Structure/Operations--Facilities
UTAdopted 12/2006P-12Provides specific provisions for the oversight of permanent or temporary public school construction/renovation inspections and to identify local school board and charter school board responsibilities and accountability to the Utah State Board of Education and State Charter School Board in this regard; provides for better coordination with local governments, utility providers and the state fire marshal on public school construction; provides for charter school land use zoning within municipalities and counties. http://www.rules.utah.gov/publicat/code/r277/r277-471.htm
Title: R277-471
Source: http://www.rules.utah.gov/main/

CAVetoed 09/2006P-12
Postsec.
Community College
Requires the Controller to transfer funds from the Ratepayer Relief Fund to an account in the Special Deposit Fund to provide grants to eligible institutions, kindergarten and grades 1-12, inclusive, public school ranked academically, for energy conservation projects at eligible institutions. Transfers funds from the Attorney General's Ratepayer Relief Fund to an account for use by state public universities and community colleges for that same purposes. Requires reports from a specified energy settlement.
http://www.leginfo.ca.gov/pub/bill/asm/ab_2751-2800/ab_2756_bill_20060918_enrolled.pdf
Title: A.B. 2756
Source: California Legislature

CASigned into law 09/2006P-12
Community College
Requires the Department of General Services to establish procedures governing the use of the collaborative process for project development and review alternative to ensure the safety of any K-12 school building or community college building to submit a report on whether the use of the process has assisted the department, school and community college districts in meeting timeframe goals. Establishes procedures for plan review and construction oversight contracts. Assesses a fee on a participating district.
Title: A.B. 162
Source: California Legislature

CASigned into law 09/2006P-12Relates to the Healthy Schools Act. Expands the definition of schoolsite to include private child day care facilities. Requires landlords to notify tenants who run a day care facility of their pest management practices. Requires those who apply pesticides at a day care facility to provide notice of pesticide application and inform pesticide contractors that they must conform to the Healthy Schools Act. Requires the Department of Pesticide Regulation to promote integrated pest management at such facilities.
Title: A.B. 2865
Source: California Legislature

CASigned into law 09/2006P-12Relates to eligibility for new school building construction calculations. Requires the existing building capacity calculation used to determine new construction to be reduced using specified determining factors, including the transfer of a special education program between a school district and a county office of education or special education local plan area. Provides procedures for the calculating of projected enrollment when facilities for special education programs are included.
Title: A.B. 2947
Source: California Legislature

WYRule Adoption 08/2006P-12Establishes a process to identify and prioritize the relative importance of each school building and facility improvement need on a statewide basis. http://soswy.state.wy.us/RULES/6327.pdf
Title: Chapter 6
Source: Lexis-Nexis/StateNet

CAApproved by voters 07/2006P-12
Postsec.
Community College
(AB 127-Chapter 35, 2006) Enacts the Kindergarten- University Public Education Facilities Bond Act of 2006 which would authorize a specified amount in state general obligation bonds to provide aid to school districts, county superintendents of schools, county boards of education, the California Community Colleges, the University of California and the California State University to construct and modernize education facilities.
Title: V. 9 (Prop. 1D)
Source: Lexis-Nexis/StateNet

MISigned into law 07/2006P-12Provides that the board of a school district shall not build a school upon a site without having prior title in fee to the
site, a lease for not less than 99 years, or a lease for not less than 50 years from the United States government, or the
state, or a political subdivision of the state. Prohibits the governing board of a public school from building or expanding a high school building on a site without first submitting the site plan to the local zoning authority for administrative review only if the expansion will result in the square footage of the high school building being increased by at least 20%; provides the procedures governing that submission and review process; does not apply to temporary structures or facilities that are necessary due to unexpected enrollment increases and that are used for not more than 2 years; exempts sites located within a city or village. http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2006-PA-0276.pdf
Title: H.B. 5479
Source: http://www.legislature.mi.gov

NCSigned into law 07/2006P-12Enacts the schoolchildren 's health act. Provisions relate to: (1) sealing arsenic-treated wood in playgrounds and testing the soil on school grounds for contamination; (2) reducing students' exposure to diesel emissions from school buses; (3) studying mold and mildew prevention; (4) establishing guidelines for Integrated Pest Management; (5) the use of pesticides; (6) parental and school staff notification of of pesticide use; and (7) encouraging local boards of education to remove mercury used as teaching aids.
http://www.ncleg.net/Sessions/2005/Bills/House/HTML/H1502v0.html
Title: H.B. 1502
Source: http://www.ncleg.net/

NCSigned into law 07/2006P-12Authorizes local boards of education to enter into capital leases of real or personal property for schools and facilities. Provides that the taxing power of a unit may not be pledged to secure any moneys due under a contract. Requires a capital lease to state that it does not constitute a pledge of such taxing powers. Prohibits assignment of students.
http://www.ncleg.net/Sessions/2005/Bills/Senate/HTML/S2009v3.html
Title: S.B. 2009
Source: http://www.ncleg.net/

NCSigned into law 07/2006P-12
Postsec.
Restricts the statutory purposes for which eminent domain may be used by private condemnors, local public condemnors, and other public condemnors. Provides for local boards of education and rights of way. Requires a planning commission to determine that a parcel is blighted and provides that eminent domain may only be used to take a blighted parcel.
http://www.ncleg.net/Sessions/2005/Bills/House/HTML/H1965v5.html
Title: H.B. 1965
Source: http://www.ncleg.net/

NYVetoed 07/2006P-12Relates to the renovation of cafeterias in public school districts located in New York city. Requires the commissioner of labor to establish air temperature, ventilation and filtration standards and cooling requirements for cafeteria kitchens.
Title: A.B. 11326
Source: Lexis-Nexis/StateNet

NYSigned into law 07/2006P-12Provides that school buildings may be inspected for fire safety purposes by persons certified by the state to enforce the state uniform fire prevention and building code. Provides that schools may not deny entry to such a person.
Title: A.B. 877
Source: Lexis-Nexis/StateNet

WARule Adoption 07/2006P-12To comply with recently passed legislation, transfers authority from the State Board of Education (SBE) to the Office of Superintendent of Public Instruction (OSPI) to adopt rules governing state assistance in providing school plant facilities to school districts. http://apps.leg.wa.gov/WAC/default.aspx?cite=180-25
Title: WAC 180-25-005, -012, -015, -020, -025, -030, -035, - 037, -040
Source: http://search.leg.wa.gov/pub/textsearch/default.asp

ILSigned into law 06/2006P-12Provides that the qualifications of persons performing reviews and inspections of school facilities must include requirements for training, education, and at least two years of relevant experience. Requires registration for new construction inspections by a fire district or a municipality under the jurisdiction of a regional superintendent. http://www.ilga.gov/legislation/94/HB/PDF/09400HB5416lv.pdf
Title: H.B. 5416
Source: www.ilga.gov

LASigned into law 06/2006P-12Authorizes the Recovery School District to sell, exchange, or lease school property or buildings over which it has the rights of ownership to the governing authority of a state board-approved school which has need for property as the result of a hurricane. http://www.legis.state.la.us/billdata/streamdocument.asp?did=397833
Title: S.B. 308
Source: Lexis-Nexis/StateNet

LASigned into law 06/2006Postsec.Defines "design and construction oversight" as (i) the right to review and approve plans and specifications prior to the start of construction and to require such changes as may be necessary to comply with applicable building codes, space standards, where appropriate, and standards ensuring quality of construction, and (ii) the right to conduct periodic inspections during construction to ensure that work is being performed in compliance with the approved plans and specifications. Directs each higher education management board to adopt proposed space standards and quality standards on or before January 1, 2007. http://www.legis.state.la.us/billdata/streamdocument.asp?did=403845
Title: H.B. 418
Source: www.legis.state.la.us

CASigned into law 05/2006P-12
Postsec.
Community College
Enacts the Kindergarten-University Public Education Facilities Bond Act of 2006. Authorizes a specified amount in state general obligation bonds to provide aid to school districts, county superintendents of schools, county boards of education, the California Community Colleges, the University of California, the Hastings College of the Law, and the California State University to construct and modernize education facilities.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0101-0150/ab_127_bill_20060520_chaptered.pdf
Title: A.B. 127
Source: California Legislature

VTSigned into law 05/2006P-12Authorizes local boards to make available school facilities and equipment for specified public purposes if such purposes appear, in the judgment of the board, to be in the best interests of the district and are an efficient, economical, and appropriate use of the facilities and equipment.

Authorizes local boards to enter into contracts with other school boards to provide joint programs, services, facilities, and professional or other staff.  Does not permit the designation by a school district that does not maintain a secondary school of another school district's secondary school as the secondary school of the district. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT182.HTM
Title: H.B. 867 - Section 25
Source: www.leg.state.vt.us

ARSigned into law 04/2006P-12Establishes the extraordinary circumstances program for public school academic facilities.The Commission for Public School Academic Facilities and Transportation division shall develop by rule the Academic Facilities Extraordinary Circumstances Program under which the Division of Public School Academic Facilities and Transportation shall provide state financial assistance to eligible school districts that do not have sufficient means to contribute an amount of local resources necessary to qualify for state financial participation under the Academic Facilities Partnership Program or the Academic Facilities Catastrophic Program.
http://www.arkleg.state.ar.us/ftproot/bills/2006S1/public/HB1036.pdf
Title: H.B. 1036, S.B. 22
Source: http://www.arkleg.state.ar.us/

IDSigned into law 03/2006P-12Requires the administrator of the division of building safety and the state department of education to draft a best practices maintenance plan for school buildings, to be given to every district superintendent. Requires every district, based on the best practices maintenance plan, to develop a 10-year plan and submit it to the state department of education for approval. Requires the district to annually submit a report to the department detailing the work completed pursuant to the maintenance plan and any revisions to that plan.
http://www3.state.id.us/oasis/H0743.html#billtext
Title: H.B. 743 Section 9
Source: www3.state.id.us

MSSigned into law 03/2006P-12Authorizes school boards to partner with entities, organizations and corporations for the purpose of benefiting the school district and to borrow funds from the Rural Economic Development Authority for the Maintenance of school buildings.
http://billstatus.ls.state.ms.us/documents/2006/html/HB/0900-0999/HB0944SG.htm
Title: H.B. 944
Source: http://billstatus.ls.state.ms.us

NMSigned into law 03/2006P-12From Fiscal Note: The bill requires all school districts to have submitted a five-year facilities plan which includes enrollment projections, a current preventative maintenance plan, the capital needs of charter schools located in the district, and projections of facility needs to maintain a full-day kindergarten program prior to PSFA approving school construction or a district letting contracts for school construction. PSFA notes this is consistent with requirements currently in effect for districts applying for grant assistance. Provisions contained in the bill increase the current 3 to 9 percent caps currently in place on the amount of operational cash balances a public school district may retain to 5 to 15 percent depending on total program cost. School districts have complained the caps currently in place are unfair and are causing undue pressure with regard to expenditures which require the district to expend funds prior to requesting reimbursement. The committee substitute also provides for the secretary of education to waive all or a portion of reductions for excess cash balances if the funds are needed to provide a local match or to reduce the districts share of amounts granted for qualified high priority projects.

The Senate Finance Committee Substitute for the Senate Education Substitute for Senate Bill 450 is an omnibus public school capital outlay bill making changes to the public school capital outlay (PSCO) program, requiring school district master facilities plans, providing for certain
districts to receive assistance in developing and updating five-year facilities plans, providing for capital outlay fund local match assistance for qualified high priority projects, increases statutory caps on school district cash balances, and creates a fund to pay for new school one-time costs. The bill also provides funding to fully implement the lease payment assistance program, provides for use of PSCO funds to demolish abandoned buildings, changes the method with which high growth school construction is addressed, and provides funding to correct deficiencies at the New Mexico School for the Blind and Visually Handicapped and the New Mexico School for the Deaf. Also included in the bill are provisions increasing the SB-9 guarantee from $60.00 to $90.00 per unit, continuing the exempt status of Public School Facilities Authority (PSFA) employees, providing for PSFA to act as its own purchasing agent and creating a study committee and making
appropriations. Link to fiscal note: http://legis.state.nm.us/Sessions/06%20Regular/firs/SB0450.pdf
Link to bill text (final version): http://legis.state.nm.us/Sessions/06%20Regular/FinalVersions/senate/SB0450FCS.pdf


Title: S.B. 450
Source: Lexis-Nexis/StateNet

WYSigned into law 03/2006P-12Relates to school capital construction; modifies the school district facility planning process; clarifies the procedures regarding review of district plan; specifies a transition. Prohibits any plan from including the abandonment or demolition of any school or school facility unless there has first been a public hearing on the issue. Chapter No. 42.
http://legisweb.state.wy.us/2006/Enroll/HB0073.pdf
Title: H.B. 73
Source: http://legisweb.state.wy.us

NJIssued 02/2006P-12Creates a new position of oversight of the School Construction Program and a new working group that will oversee a full review of the program and recommend reforms. The governor appointed 6 new members to the Schools Construction Corporation (SCC) Board of Directors. The working group is directed to review "the entire School Construction Program and the laws, regulations and policies governing educational facilities and to develop recommendations for reform" including recommendations for statutory changes. The working group is also charged with recommending immediate changes to improve SCC operations.
http://www.state.nj.us/governor/news/news/approved/20060207.html
Title: Executive Order No. 3
Source: http://www.state.nj.us

NJIssued 02/2006P-12(Executive Order 2006-3) Creates the position of Special Counsel to the Governor for School Construction ("Special Counsel.") The Special Counsel is to be appointed by the Governor.  During the period of appointment the Special Counsel shall also serve as a Special Assistant Attorney General and shall, in consultation with the Attorney General, have access to the support and resources of the Department of Law and Public Safety, including without limitation such clerical and support staff as may be necessary to discharge the responsibilities under this Executive Order. The Special Counsel is authorized to call upon any department, office or agency of State government to provide such information, resources or other assistance deemed necessary. Each department, office, division, and agency of State government is required to cooperate with the Special Counsel and to furnish the Special Counsel with assistance necessary to accomplish the purpose of this Executive Order. The Special Counsel shall serve as the Governor's representative in all matters pertaining to the management and operations of the Schools Construction Corporation and shall serve on the Corporation's Board of Directors in the position designated in Executive Order No. 24 (2002) for a member of the Governor's Executive Staff.
http://www.state.nj.us/governor/news/news/approved/20060207.html
Title: E.O. 3; (NEW BILL)
Source: Lexis-Nexis/StateNet

DESigned into law 01/2006P-12The legislature appropriated $5,000,000 to the Department of Education for an "Energy Fund". These funds will help reorganized school districts, vocational-technical school districts and charter schools pay for energy cost increases resulting from, but not limited to, the increased cost of natural gas and electricity, limited refining capacity, and increased consumption.
http://www.legis.state.de.us/LIS/lis143.nsf/vwLegislation/SB+242/$file/legis.html?open
Title: S.B. 242
Source: Delaware Legislative Site

+ 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
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+ Service-Learning
+ Special Education
+ Special Education--Federal Law/Regulations
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+ Special Education--Inclusion (Mainstreaming)
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+ Special Populations--Corrections Education
+ Special Populations--Foster Care
+ Special Populations--Gifted and Talented
+ Special Populations--Homeless Education
+ Standards
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+ Student Achievement
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+ Student Achievement--State Trends
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+ Student Supports--Remediation
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+ Teaching Quality
+ Teaching Quality--Certification and Licensure
+ Teaching Quality--Certification and Licensure--Alternative
+ Teaching Quality--Certification and Licensure--Assignment
+ 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
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