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
+ 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
NJSigned into law 12/2006P-12Directs the Commissioner of Education to contract with an independent entity to conduct an evaluation of the Department Of Education and its oversight capacity; relates to public school funding reform.
Title: S.J.R. 1
Source: New Jersey Legislature

UTAdopted 11/2006P-12Allows exceptions to the minimum number of instructional hours and schools days per year for individual students and schools; requires Local Education Agencies (LEAs) and Career and Technical Education (CTE) programs to ensure that accurate records of daily student attendance and school entrance and completion are maintained in each school, as well student disability status; requires each school to contract with an independent auditor to review attendance/completion records; provides new eligibility standards for funding students, including electronic high school students; provides new guidelines for indicating the high school completion or exit status of each student who leaves the state's public education system; provides new guidelines for the student identification and tracking system. http://www.rules.utah.gov/publicat/bull_pdf/2006/b20061001.pdf (see pg. 15)
Title: R277-419
Source: http://www.rules.utah.gov/main/

CASigned into law 09/2006P-12
Postsec.
Revises minimum state educational funding procedure for school districts and community college districts. Enacts the Quality Education Investment Act of 2006, which would authorize school districts and other local educational agencies to apply to receive funding to allocate to elementary and secondary schools and charter schools that are ranked in certain deciles on the Academic Performance Index. Appropriates funds for the program for the 2007-08 fiscal year.
http://www.leginfo.ca.gov/pub/bill/sen/sb_1101-1150/sb_1133_bill_20060901_enrolled.pdf
Title: S.B. 1133
Source: California Legislature

WAAdopted 08/2006P-12Amends the formula for and distribution of state moneys for state incentive grants for increased enrollment in vocational skills centers programs. Implements language in the 2006 budget directing the Office to develop criteria to award incentive grants to encourage school districts to increase enrollment in vocational skills centers. http://www1.leg.wa.gov/documents/wsr/2006/17/06-17-141.htm
Title: WAC 392-121-465
Source: Lexis-Nexis/StateNet

AZSigned into law 06/2006P-12Concerns joint technology education districts; provides that if a pupil is enrolled in both a charter school and a joint technological education district and resides in a school district participating in the joint technological district, the sum of the average daily membership for that pupil shall not exceed a specified percentage; provides for apportionment; requires testing to demonstrate competency; provides that such district shall not levy a property tax in excess of a specified amount.
Title: H.B. 2700
Source: Arizona Legislature

CORejected by voters 06/2006P-12Proposes a constitutional amendment to require that in each state fiscal year a school district spend at least 65% of its operational expenditures on classroom instruction.

Creates the State Public School Expenditures Accountability Act; requires school districts to adopt an annual budget report, in a standard format, for public inspection, and to spend a percentage of operational budgets on direct classroom expenditures; concerns capital construction, charter school transfers, mill levies, local bonds and bond redemption funds; allows a district to hold an election to determine voter preference to exempt the district from requirements.

http://www.leg.state.co.us/lcs/0506initrefr.nsf/89fb842d0401c52087256cbc00650696/d35caec1adcb56ae8725713e0058cb10/$FILE/ATTSVQLD/Amendment%2039.pdf

H.B. 1283
http://www.leg.state.co.us/clics2006a/csl.nsf/fsbillcont3/627AF3E860CE5FE1872570DE007CBF64?Open&file=1283_rer.pdf
Title: Amendment 39 (H.B. 1283)
Source: CO Secretary of State

IASigned into law 06/2006P-12Beginning January 15, 2007, requires the department to submit an annual report to the legislature that includes the ways districts in the previous school year used modified allowable growth for programs for returning dropouts and dropout prevention; identifies, by grade level, age, and district size, the students in the dropout and dropout prevention programs for which the department approves a request; describes school district progress toward increasing student achievement and attendance for the students in the programs; and describes how the school districts are using the revenues from the modified allowable growth to improve student achievement among minority subgroups. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=SF2272
Title: S.B. 2272 - Section 28
Source: coolice.legis.state.ia.us

ILSigned into law 06/2006P-12Allows cooperative high schools to receive some of the same supplementary state aid that new districts receive; relates to multiple agreements. http://www.ilga.gov/legislation/94/HB/PDF/09400HB4365lv.pdf
Title: H.B. 4365
Source: Lexis-Nexis/StateNet

KSSigned into law 06/2006P-12Directs the state board to determine the high density at-risk pupil weighting of each school district based on enrollment density and high-density of at-risk pupils. http://www.kslegislature.org/bills/2006/2809.pdf
Title: H.B. 2809
Source: www.kslegislature.org

OKSigned into law 06/2006P-12Amends calculations for state aid for charter schools.
http://webserver1.lsb.state.ok.us/2005-06bills/SB/SB1493_ENR.RTF
Title: S.B. 1493
Source: http://webserver1.lsb.state.ok.us

PASigned into law 06/2006P-12Provides for taxation by school districts, the state funds formula, tax relief in first class cities, school district choice, voter participation and other school district options. Makes an appropriation. Prohibits prior authorized taxation. Provides for installment payment of taxes. Restricts the power of certain school districts to levy, assess and collect taxes.
Title: H.B. 39A
Source: Pennsylvania Legislature

KSSigned into law 05/2006P-12Defines "nonproficient pupil" as a student who is not eligible for free lunches and who has scored less than proficient on the state math or reading assessment during school year 2004-2005 and who is enrolled in a district which maintains an approved proficiency assistance plan. Creates a ''nonproficient pupil weighting'' as an addend component assigned to enrollment of districts on the basis of enrollment of nonproficient pupils. Requires that assistance or programs provided to nonproficient pupils be paid from the at-risk education fund.

Requires every local board to annually submit to the state board a report on the at-risk program or assistance provided by the district. Requires such report to include information specifying the number of at-risk pupils and nonproficient pupils served or provided assistance, the type of service provided, the research upon which the district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board. Specifies that districts must report such information as specified by the state board in order to achieve uniform reporting of the number of at-risk pupils and nonproficient pupils provided service or assistance by school districts in at-risk programs.

Bill: http://www.kslegislature.org/bills/2006/549.pdf
Conference Committee Report Brief: http://www.kslegislature.org/supplemental/2006/CCRB549.pdf
Title: S.B. 549 - Section 3, 9, 15
Source: www.kslegislature.org

KSRepealed by H.B. 2809 05/2006P-12Creates a new weighting called the "high density at-risk weighting" for districts with high percentages of students who receive free meals. Those districts with free meal percentages between 40.0% and 49.9% are to receive an additional weighting of 0.04% in the 2006-2007 school year. Districts with 50% or more free meals are to receive an additional weighting of 0.08% in the 2006-2007 school year. Districts with a density of 212.1 students per square mile and a free lunch rate of 35.1% and above will receive an additional weighting of 0.8% during school year 2007-2008.

All weightings increase each year between 2006-2007 and 2008-2009.
Bill: http://www.kslegislature.org/bills/2006/549.pdf
Conference Committee Report Brief: http://www.kslegislature.org/supplemental/2006/CCRB549.pdf

2006 H.B. 2809: http://www.kslegislature.org/bills/2006/2809.pdf
Title: S.B. 549 - Section 5
Source: www.kslegislature.org

KSSigned into law 05/2006P-12Authorizes districts to spend funds received from the bilingual weighting to pay the cost of providing at-risk and preschool-aged at-risk education programs and services. Authorizes districts to spend funds received from the preschool-aged at-risk weighting to pay the cost of providing at-risk, bilingual and vocational education programs and services.

Requires every local board to annually submit to the state board a report on the preschool-aged at-risk program or assistance provided by the district. Requires this report to include information specifying the number of students who were served or provided assistance, the type of service provided, the research upon which the district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board.

Requires every local board to submit to the state board a report on the bilingual education program and assistance provided by the district. Requires this report to include information specifying the number of pupils who were served or provided assistance, the type of service provided, the research upon which the district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board.

Bill: http://www.kslegislature.org/bills/2006/549.pdf
Conference Committee Report Brief: http://www.kslegislature.org/supplemental/2006/CCRB549.pdf
Title: S.B. 549 - Section 13, 16, 27
Source: www.kslegislature.org

KSSigned into law 05/2006P-12Authorizes a district offering both half-day and full-day kindergarten to impose a fee for enrollment in full-day kindergarten, to cover that portion of the cost of providing full-day kindergarten not paid by the state. Clarifies that this does not require districts to offer or students to attend full-day kindergarten

Authorizes a district to expend amounts received from the at-risk pupil weighting to pay for the cost of providing full-day kindergarten to any
student attending full-day kindergarten whether or not such pupil is an at-risk pupil.
Bill: http://www.kslegislature.org/bills/2006/549.pdf
Conference Committee Report Brief: http://www.kslegislature.org/supplemental/2006/CCRB549.pdf
Title: S.B. 549 - Section 6, 14
Source: www.kslegislature.org

MOSigned into law 05/2006P-12Pertains to aspects of calculation of state aid. Addresses changes in calculating a district's average daily attendance and local effort component.
http://www.senate.mo.gov/06info/pdf-bill/tat/SB894.pdf
Title: S.B. 894
Source: http://www.senate.mo.gov

TXSigned into law 05/2006P-12Relates to public school finance, property tax relief, public school accountability and programs. Requires school districts to reduce their M&O tax rates in 2006 to 88.67 percent of their 2005 M&O tax rate. School districts would receive "hold harmless" funding of the amount of state revenue necessary to maintain state and local revenue per weighted student equal to either the amount the district would have been entitled for the 2006-07 school year under current law or 2005-2006 revenue per weighted student, including state aid received for property value decline and "recapture" arrangements under Chapter 42. The bill appropriates $2.39 billion to school districts for fiscal 2007 in "hold harmless" funds.

For school districts subject to "recapture" of local property tax revenue under Education Code, ch. 41, M&O tax revenue on tax rates greater than $1.33 per $100 of valuation would not be subject to recapture. School districts that qualify for the "guaranteed yield" would receive the
current allotment of $27.14 per weighted student for every penny of tax effort above their new compressed rate (up to $1.50).

http://www.capitol.state.tx.us/data/docmodel/793/billtext/pdf/HB00001F.PDF

Bill Analysis
http://www.capitol.state.tx.us/data/hrofr/pdf/ba793/HB0001.PDF
Title: H.B. 1C
Source: Texas Legislature

VTSigned into law 05/2006P-12Directs the commissioner of education to work with education administrators to study the actual costs of providing services to elementary and secondary pupils and, on or before January 30, 2007, to make a recommendation to the general assembly regarding weighting of these pupils.

Directs the commissioner of education to study the effect of the provisions of 32 V.S.A. § 5401(12) and (13), relating to excess spending in school districts and district spending adjustment, on various types of school districts such as those that provide for the education of a significant portion or all of their students through paying tuition and those that have a small number of students.  As part of the study, requires the commissioner to consider the effect of removing the portion of secondary technical education tuition which is in excess of the district's equalized per pupil spending from the calculation of excess spending, and the effect of removing interest payments made on funds borrowed in anticipation of capital construction aid from the calculation of district spending adjustment.  Requires the commissioner to report the results of the study to the general assembly by January 30, 2007.

Directs the commissioner of education to study alternatives for computing education spending, including alternative methods for counting the average daily membership and to report the results of the study to the general assembly by January 30, 2007.

Directs the commissioner of education to work with Vermont educators and the state board to study the quality of Vermont public schools and independent schools which receive public funds and to study and analyze methods to reduce costs and to deliver the results of the analysis and recommendations for legislative action to the senate and house committees on education by January 30, 2007.

Directs the commissioner of education to report to the senate and house committees on education by January 30, 2007 regarding recommendations, if any, for amendments to Title 16 provisions addressing school district auditing requirements, including the frequency and scope.  In developing the recommendations, requires the commissioner to confer with the state auditor of accounts and with representatives of the Vermont association of school business officials, the Vermont superintendents association, and the Vermont school boards association. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT182.HTM
Title: H.B. 867 - Section 20 (a) through (f)
Source: www.leg.state.vt.us

COSigned into law 04/2006P-12Concerns the financing of public schools; increases the statewide base per pupil funding to account for a higher inflation rate; provides that if a school district's expenditures for instructional supplies and materials exceeds the amount required to be budgeted for the budget year, allows the district to subtract an amount equal to the amount of the excess expenditures from the amount required to be budgeted for instructional supplies and materials for the subsequent budget year.
http://www.leg.state.co.us/clics2006a/csl.nsf/fsbillcont3/E2B24623C224397987257147007DC269?Open&file=1375_enr.pdf
Title: H.B. 1375
Source: Colorado Legislature

ALSigned into law 03/2006P-12Increases the required school term from 175 to 180 full instructional days for use in the computation of Foundation Program allowances to local boards of education, beginning with the 2006-07 school year.
http://alisdb.legislature.state.al.us/acas/searchableinstruments/2006rs/bills/hb333.htm
Title: H.B. 333
Source: http://alisdb.legislature.state.al.us/

MSSigned into law 03/2006P-12Extends the repeal date on the provisions of the state Adequate Education Program which provide for additional funding in high growth school districts.
http://billstatus.ls.state.ms.us/documents/2006/html/HB/0500-0599/HB0563SG.htm
Title: H.B. 563
Source: http://billstatus.ls.state.ms.us

MSSigned into law 03/2006P-12Revises certain components of the State Adequate Education Program formula; revises the formula for computing the average daily attendance of students and the determination of base student cost under the formula by providing for the selection of school districts for the instructional cost component; provides that any fees received in lieu of taxes shall be including in the amount of required local contribution to the support of the program; relates to the sufficient funding under the program.
http://billstatus.ls.state.ms.us/documents/2006/html/SB/2600-2699/SB2604SG.htm
Title: S.B. 2604
Source: http://billstatus.ls.state.ms.us/

SDSigned into law 03/2006P-12Adds a new section. A student is enrolled if:
(1) The student is less than twenty-one years of age on the first day of July or the student is twenty-one years of age or older and is admitted to the school district pursuant to § 13-28-8; and
(2) The student has not completed an approved program or graduated from high school; and
(3) The student's parent or guardian resides within the school district, or in the case of an emancipated minor or an adult admitted to the district pursuant to § 13-28-8, the student resides within the district or the student has been properly assigned to the district or has been approved to attend school in the district under the terms of the enrollment options program established in § 13-28-40; and
(4) The student is not simultaneously enrolled in any other school district and has not been
excused from school attendance under the terms of § 13-27-1.1 or § 13-27-2.
http://legis.state.sd.us/sessions/2006/bills/HB1079enr.pdf
http://legis.state.sd.us/sessions/2006/bills/HB1176enr.pdf
Title: H.B. 1079, H.B. 1176
Source: http://legis.state.sd.us

UTSigned into law 03/2006P-12Creates a cap on the number of charter schools that the State Charter School Board may authorize to begin operations in the 2007-08 school year; modifies provisions governing the inclusion of foreign exchange students for the purpose of apportioning state monies; establishes the value of the weighted pupil unit at $2,417; establishes a ceiling for the state contribution to the maintenance and operations portion of the Minimum School Program for fiscal year 2006-07 of $2,032,219,545; authorizes the State Board of Education to use nonlapsing balances to restore special education funding; makes one-time appropriations for fiscal year 2006-07 for: pupil transportation; library books and supplies; the Enrollment Growth Program; charter schools; classroom supplies; and a charter school study.
http://www.le.state.ut.us/~2006/bills/sbillenr/sb0005.pdf
Title: S.B. 5
Source: http://www.le.state.ut.us

WASigned into law 03/2006P-12The temporary increase in the levy base authorized by the 2004 Legislature for calendar years 2005 through 2007 is continued for 2008 and thereafter. The temporary increase in the levy base was to account for the difference between the state funds that school districts could have received had Initiatives 728 and 732 been implemented as originally passed by the voters and the lower amounts they actually received as a result of amendments made to both initiatives in 2003.
http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Session%20Law%202006/2812-S.SL.pdf
Fiscal note: http://www.ofm.wa.gov/fns/legsearch.asp?BillNumber=2812&SessionNumber=59

Title: H.B. 2812
Source: http://www.leg.wa.gov/

WYSigned into law 03/2006P-12Relates to school finance; implements 2005 recalibration modifications to the state education resource block grant model; clarifies duties of the secretary of state, state superintendent, Department of Education, school districts and the School Facilities Commission; specifies model recalibration parameters; eliminates superseded, superfluous and executed statutes; provides for a summer school grant program; provides for a report on bureau of Indian affairs schools and litigation expenses.
http://legisweb.state.wy.us/2006/Enroll/HB0139.pdf Bill sumnmary: http://legisweb.state.wy.us/2006/Summaries/HB0139.htm
Title: H.B. 139
Source: Lexis-Nexis/StateNet

NHSigned into law 02/2006P-12Repeals the education property tax effective March 31, 2005; distributes state education assistance in the form of state education grants, which are determined on a municipality-by-municipality basis under a formula that calculates a municipality's need for assistance based on a broad range of factors, including fiscal capacity, resource challenges, performance, and student population, with the state education grants being adjusted in future years by the consumer price index.

http://www.gencourt.state.nh.us/legislation/2006/HB0100.html
Title: H.B. 100
Source: Lexis/nexis, StateNet

NDIssued 01/2006P-12Executive Order 2006-01 Creates the Commission on Education Improvement to examine the current system of delivering
and financing elementary and secondary public education.
Title: Executive Order 13
Source: Lexis-Nexis/StateNew

+ Finance--Lotteries
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+ 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