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
+ 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--Legal Issues
+ 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
MISigned into law 12/2006P-12Requires that criminal history checks and criminal record checks for child care providers be performed only once if the person remains licensed continuously and is required to follow school code procedures if child care service is operated in a school. Public Act 580
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2006-HNB-6174.pdf
Title: H.B. 6174
Source: Michigan Legislature

MISigned into law 12/2006P-12Revises the provisions concerning the background checks for and revocation of teaching certificates by school districts, intermediate school districts, public school academies, or nonpublic schools. Public Act 680
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2006-HNB-6173.pdf
Title: H.B. 6173
Source: Michigan Legislature

OHSigned into law 12/2006P-12Requires that information about professional misconduct or child abuse or neglect committed by a person licensed by the State Board of Education be submitted to the Superintendent of Public Instruction; requires a criminal records check prior to renewing an educator license (except allows exemptions for those who have had a background check within the past year); relates to persons applying to operate a family day-care home; provides a penalty for inaccurate school attendance data reporting; provides for handicapped preschool children; relates to student data verification codes. Requires each board of education of each school district, the governing board of each educational service center, and the chief administrator of each chartered nonpublic school, county board of mental retardation and developmental disabilities to promptly submit to the superintendent of public instruction the information prescribed in division (C) of this section when any of the following conditions apply to an employee who holds a license issued by the state board of education:
(1) The board knows that the employee has pleaded guilty to, has been found guilty by a jury or court of, or has been convicted of an offense described in Code;
(2) The board has initiated termination or nonrenewal proceedings against, has terminated, or has not renewed the contract of the employee because the board has reasonably determined that the employee has committed an act unbecoming to the teaching profession or an offense described in Code;
(3) The employee has resigned under threat of termination or nonrenewal;
(4) The employee has resigned because of or in the course of an investigation by the board regarding whether the employee has committed an act unbecoming to the teaching profession or an offense described in Code.
(C) If a report is required under this section, the board shall submit to the superintendent of public instruction the name and social security number of the employee about whom information is required and a factual statement regarding any of the conditions prescribed in divisions (B)(1) to (4) of this section that apply to the employee.
(D) A determination made by the board as described in division (B)(2) of this section or a termination, nonrenewal, resignation, or other separation described in divisions (B)(2) to (4) of this section does not create a presumption of the commission or lack of the commission by the employee of an act unbecoming to the teaching profession or an offense described in Code.
http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_79
Title: H.B. 79-- Secs. 5153.175, 5126.253
Source: http://www.legislature.state.oh.us

DEAdopted 10/2006P-12Clarifies rules regarding criminal background check for public school related employment; includes charter schools; requires a criminal background check when employees change school districts and or change between school districts and charter schools; changes the number of days that substitute teachers must work in one year to avoid additional criminal background checksfrom year to year. DELAWARE 1898
http://www.state.de.us/research/AdminCode/title14/700/745.shtml#TopOfPage
Title: 14 IAC 745
Source: Delaware Code

LAAdopted 10/2006P-12The first update in many years. Identifies all certification guidelines for Louisiana school employees and administrators. Pages 1-52 of 133: http://www.doa.louisiana.gov/osr/reg/0610/0610RUL.pdf
Title: LAC 28:CXXXI.Chapters 1-10 (Bulletin 746)
Source: www.doa.louisiana.gov/

NYSigned into law 08/2006P-12Authorizes nonpublic and private elementary and secondary schools to require their prospective employees to submit fingerprints through the commissioner of education for the purpose of criminal background checks.
Title: A.B. 11399
Source: Lexis-Nexis/StateNet

NYSigned into law 08/2006Postsec.Relates to background checks for people attending flight training schools. Establishes when an applicant to an aeronautical facility, flight school or institution of higher learning shall be disqualified from receiving air or flight instruction.
Title: A.B. 2122
Source: Lexis-Nexis/StateNet

DESigned into law 07/2006P-12Ensures that teachers who are convicted of crimes will have the conviction data transmitted to the employing school district.
Title: H.B. 509
Source: Delaware Legislature

WVSigned into law 07/2006P-12Relates to the Child Protection Act with provisions requiring county boards of education, to the extent funds are provided, to establish programs for the prevention of child abuse and neglect and child assault to be provided to pupils, parents and school personnel as deemed appropriate; authorizes county school boards to request from the State Criminal Identification Bureau the record of any and all criminal convictions of it future employees relating to child abuse, sex-related offenses or possession of controlled substances with intent to distribute; allows county school boards to obtain information from the Central Abuse Registry with prior written consent regarding school contractors, service providers and their employees and to share such information with other county school boards; prohibits contractors or service providers or their employees from making direct, unaccompanied contact with students or having unaccompanied access to school grounds when students are present if it cannot be verified that the contractors, service providers or employees have not previously been convicted of the noted offenses. http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/1x/BILLS/hb101%20ENR.htm
Title: H.B. 101A
Source: http://www.legis.state.wv.us/bill_status/bstatmenux/bstatfrm.cfm

IASigned into law 06/2006P-12Gives board of educational examiners authority to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all initial applicants for licensure. Mandates that the board also require all initial applicants to submit a completed fingerprint packet and that the board use the packet to facilitate a national criminal history background check. States that the board shall have access to, and shall review the sex offender registry information, the central registry for child abuse information, and the dependent adult abuse records for information regarding applicants for license renewal.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=SF2272
Title: S.B. 2272 - Section 9
Source: coolice.legis.state.ia.us

IAEmergency Rule Adoption 06/2006P-12Requires the Board to review the sex offender registry information, the central registry for child abuse information, and the dependent adult abuse records for every applicant for renewal of the initial, standard, master educator, professional administrator, area education agency administrator, or substitute license.
Pages 36-37 of 72 http://www.legis.state.ia.us/Rules/2006/Bulletin/IAB060719.pdf
Title: IAC 282-17.1(272), 17.1(1), 17.1(2)
Source: www.legis.state.ia.us

LASigned into law 06/2006P-12Requires local boards, prior to hiring any employee, to sign sign a statement that:

(1) Provides procedures for the disclosure of information by the applicant's current or previous employer, if such employer is a public school board, on all instances of sexual misconduct with students the applicant committed.
(2) Releases the applicant's current or previous employer, if such employer is a public school board, and any school employee acting on behalf of such employer from any liability for providing any such information.

Requires local boards to request information in (1) above prior to hiring an applicant. Requires current or previous employer, within 20 days of receipt of request, to make available to the hiring school board copies of all documents in the applicant's personnel file relative to such instances of sexual misconduct, if any.

Directs the state board, by September 1, 2006, to adopt rules and regulations to define "sexual misconduct." http://www.legis.state.la.us/billdata/streamdocument.asp?did=406247
Title: H.B. 1082
Source: www.legis.state.la.us

VTSigned into law 05/2006P-12Requires the release form from the Vermont criminal information center to be signed by an applicant for initial certification and to include a statement informing the applicant of:
(1)  the right to challenge the accuracy of the record by appealing to the Vermont criminal information center; and
(2)  the commissioner's policy regarding maintenance and destruction of records and the person's right to request that the record or notice be maintained for purposes of using it to comply with future criminal record check requests. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT182.HTM
Title: H.B. 867 - Section 18
Source:

AZVetoed 04/2006P-12Concerns charter schools; relates to fingerprint checks; provides that a teacher employed by a school district or a charter school shall be issued a permanent fingerprint clearance card on the teacher's second renewal of the card provided that the teacher does not have a criminal record, and the teacher has been continuously employed at the same school for at least twelve consecutive years.
http://www.azleg.gov/legtext/47leg/2r/bills/hb2118h.pdf
Title: H.B. 2118
Source: Arizona Legislature

IDSigned into law 04/2006P-12Adds to existing law to prohibit access to school children by any person currently registered or required to register under the Idaho Sex Offender Registration Act; provides exceptions; provides a penalty. http://www3.state.id.us/oasis/H0713.html
Title: H.B. 713
Source: Lexis-Nexis/StateNet

MDSigned into law 04/2006P-12Prohibits nonpublic schools from knowingly employing an individual with specified criminal convictions, including child sexual abuse, if that individual works with or has access to students; requires the State Department of Education to revoke the certificate of approval or letter of tentative approval of the nonpublic school that violates the Act.
http://mlis.state.md.us/2006rs/bills/sb/sb0111t.pdf
Title: S.B. 111
Source: Maryland Legislature

IASigned into law 03/2006Postsec.
Community College
Authorizes an approved nursing education program to initiate criminal and child and dependent adult abuse record checks of students and prospective students. Provides that, if a student has a criminal record or a record of founded child or dependent adult abuse, upon request of the nursing program, the department of human services must perform an evaluation to determine whether the record warrants prohibition of the person's involvement in a clinical education component of a nursing program involving children or dependent adults. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=HF2464
Title: H.B. 2464
Source: Lexis-Nexis/StateNet, coolice.legis.state.ia.us/

INSigned into law 03/2006P-12Prohibits a sex offender from working or volunteering on school property, at a youth program center, or at a public park. Creates new section defining "offender against children."
http://www.in.gov/legislative/bills/2006/SE/SE0246.1.html
Title: S.B. 246
Source: Lexis-Nexis/StateNet, www.in.gov/legislative

KYSigned into law 03/2006P-12Prohibits the Education Professional Standards Board from awarding a a Rank I rating to a teacher who used national board certification to qualify if the certificate is revoked for misconduct or voided for other reasons. http://www.lrc.ky.gov/RECORD/06RS/HB125/bill.doc
Title: H.B. 125
Source: www.lrc.ky.gov/

MISigned into law 03/2006P-12Directs the department of information technology, the department of education and the department of state police to develop and implement an automated program that does a comparison of the department's list of individuals holding a teaching certificate or state board approval with the conviction information received by the state police.
http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2006-PA-0084.pdf
Title: H.B. 5675
Source: http://www.legislature.mi.gov/

VASigned into law 03/2006P-12Provides that school boards must require, as a condition of employment for all public school employees performing services on a contract basis, certification that the employee has not been convicted of a felony or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child and of whether the employee has been convicted of a crime of moral turpitude.
http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+HB1109ER
Title: H.B. 1109
Source: http://leg1.state.va.us/

+ Bilingual/ESL
+ Business Involvement
+ Career/Technical Education
+ Career/Technical Education--Career Academies/Apprenticeship
+ Cheating
+ Choice of Schools--Charter Schools
+ 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--Alignment
+ Curriculum--Arts Education
+ Curriculum--Core Curriculum
+ Curriculum--Drivers Education
+ Curriculum--Environmental Education
+ Curriculum--Family Living Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Geography Education
+ Curriculum--Health/Nutrition Education
+ Curriculum--International Education
+ Curriculum--Language Arts
+ Curriculum--Language Arts--Writing/Spelling
+ Curriculum--Mathematics
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Data-Driven Improvement
+ Demographics--Condition of Children/Adults
+ Demographics--Enrollments
+ Economic/Workforce Development
+ Education Research
+ Equity
+ Federal
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Bonds
+ Finance--District
+ Finance--Equity
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ Finance--Lotteries
+ Finance--Performance Funding
+ Finance--Private Giving
+ 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--Site-Based Management
+ Governance--State Boards/Chiefs/Agencies
+ Health
+ Health--Child Abuse
+ Health--Mental Health
+ Health--Nutrition
+ Health--School Based Clinics or School Nurses
+ Health--Suicide Prevention
+ Health--Teen Pregnancy
+ 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
+ Instructional Approaches--Constructivism
+ Instructional Approaches--Homeschooling
+ Instructional Approaches--Problem Based Learning
+ 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--Recruitment and Retention
+ Middle School
+ Minority/Diversity Issues
+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ 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--Reauthorization Issues/Waivers
+ No Child Left Behind--Report Cards
+ No Child Left Behind--School Support
+ No Child Left Behind--Special Populations
+ 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 Finance
+ P-3 Governance
+ 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
+ Parent/Family--Research
+ 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--Foster Youth
+ Postsecondary Students--Military
+ Postsecondary Students--Minority
+ Postsecondary Success--Completion
+ Postsecondary Success--Developmental/Remediation
+ Postsecondary Success--Transfer/Articulation
+ Private Schools
+ Promising Practices
+ Promotion/Retention
+ Reading/Literacy
+ Religion
+ Religion--Scientific Creationism (Evolution)
+ 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--Disaster/Emergency Preparedness
+ 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--Inclusion (Mainstreaming)
+ Special Education--Placement
+ Special Education--Transition
+ Special Populations--Corrections Education
+ Special Populations--Foster Care
+ Special Populations--Gifted and Talented
+ Special Populations--Homeless Education
+ Standards
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Ballot Questions
+ State Policymaking--Politics
+ State Policymaking--Task Forces/Commissions
+ STEM
+ Student Achievement
+ Student Achievement--Closing the Achievement Gap
+ Student Achievement--State Trends
+ Student Supports--Counseling/Guidance
+ Student Supports--Mentoring/Tutoring
+ Student Supports--Remediation
+ Students
+ Students--Athletics/Extracurricular Activities
+ Students--Records/Rights
+ 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
+ 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--Teacher Rights
+ Teaching Quality--Tenure or Continuing Contract
+ Teaching Quality--Unions/Collective Bargaining
+ Technology
+ Technology--Computer Skills
+ Technology--Devices/Software/Hardware
+ Technology--Equitable Access
+ Technology--Funding Issues
+ Technology--Internet Safety
+ Technology--Teacher/Faculty Training
+ Textbooks and Open Source