ECS
From the ECS State Policy Database
2007 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 2007. 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
+ 21st Century Skills
+ Accountability
+ Accountability--Accreditation
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Rewards
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--No Pass No Drive
+ Accountability--Sanctions/Interventions--No Pass No Play
+ 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--NAEP (NAEP Results and NAEP Organization)
+ 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
TXAdopted 12/2007P-12Outlines the instruction school districts must provide to English language learners in order for them to have the full opportunity to learn English and to succeed academically. TEXAS 12499
Title: 19 TAC 2.74.A.74.4
Source: Lexis-Nexis/StateNet

CAVetoed 10/2007P-12
Postsec.
Authorizes the Library Literacy and English Acquisition Services Program to be used for services targeted to young adults 16 years of age and over who are not enrolled in school to improve their literacy skills by providing adult basic literacy tutoring and related services. Requires a public library to perform certain functions in implementing this service program. Deletes a requirement that the program have private financial support.

Veto message:
http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1001-1050/ab_1030_vt_20071011.html
Title: A.B. 1030
Source: Lexis-Nexis/StateNet

CAVetoed 10/2007P-12Establishes the State Seal of Biliteracy to recognize high school graduates who have mastered languages in addition to English. Requires the seal be awarded by the Superintendent of Public Instruction. Requires the State Department of Education to prepare and deliver to school districts the seal insignia. Requires participating school districts to maintain certain records and to affix an appropriate insignia to the diploma or transcript of pupils who earn the seal.
http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0251-0300/ab_280_bill_20070920_enrolled.pdf

Veto Message: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0251-0300/ab_280_vt_20071014.html
Title: A.B. 280
Source: http://info.sen.ca.gov

ILSigned into law 10/2007Community CollegeAuthorizes the community college board to establish and administer a We Want to Learn English Initiative to provide resources for immigrants and refugees to learn English. Provides that the board may include in its budget proposal $ 15,000,000 in funding for the initiative, to be disbursed by the board. Provides that funds for the We Want to Learn English Initiative may be used only to provide programs that teach English to U.S. citizens, lawful permanent residents, and other persons who are in lawful immigration status. http://www.ilga.gov/legislation/95/SB/PDF/09500SB1446lv.pdf
Title: S.B. 1446
Source: www.ilga.gov/legislation

GAAdopted 09/2007P-12Adds language regarding the Assessing Comprehension and Communication in English State to State for English Language Learners (ACCESS for ELLs), an English language proficiency test administered annually to all English language learners (ELLs) to determine students' level of English language proficiency level.

Adds provision regarding "conditional administration," a test administration in which a more expansive accommodation is utilized to provide access for a small percentage of students with more severe disabilities who would not be able to access the assessment without such assistance.

Adds provision regarding Georgia Kindergarten Inventory of Developing Skills (GKIDS), a performance assessment designed to provide teachers with information about the level of instructional support needed by individual students entering kindergarten and first grade. Provides this assessment will replace the Georgia Kindergarten Assessment Program-Revised (GKAP-R).

Replaces Middle Grades Writing Assessment (IMGWA) with Grade 8 Writing Assessment.

Adds science to areas in which a first-year ELL student may participate in the appropriate state board approved language proficiency assessment rather than the standard assessment.

Clarifies that only state-approved accommodations may be included in an IEP or Section 504 IAP. Eliminates certain provisions regarding the Georgia Alternate Assessment.

Specifies that students with significant cognitive disabilities participating in the GAA must be provided access to the state-adopted curriculum. Clarifies that educators may adjust the learning expectations for this group of unique students provided the instruction is based on and aligned to the grade-level curriculum standards. Provides that instruction may reflect pre-requisite skills but must be sufficiently challenging for the individual student.

Directs local school systems to provide individual student score reports for all state-mandated assessments to the parent(s) or legal guardian(s) in a timely manner.

http://www.doe.k12.ga.us/_documents/doe/legalservices/160-3-1-.07.pdf
Title: GAC 160-3-1-.07
Source: www.doe.k12.ga.us

TXAdopted 09/2007P-12Revise the process of applying for a bilingual exception and/or an English as a second language (ESL) waiver. Other adopted amendments add language regarding the transfer of students out of a special language program in accordance with House Bill 1, 79th Texas Legislature, Third Called Session, 2006; provide clarification on serving students who receive both special language and special education services; and address submission of information for summer school programs. Language was also repealed to remove monitoring requirements no longer authorized in statute. The amendment to 19 TAC §89.1225, Testing and Classification of Students, was adopted with changes.
http://www.tea.state.tx.us/rules/commissioner/adopted/0807/89-1205-ltradopt.html
Title: 19 TAC Chapter 89
Source: http://www.tea.state.tx.us/rules

TXAdopted 07/2007P-12Defines and establishes procedures, quality assurance for dual immersion programs.
http://www.tea.state.tx.us/rules/tacupdates/july2007/ch089ff.pdf
Title: 89.1613
Source: http://www.tea.state.tx.us

FLVetoed 06/2007P-12Relates to public school educator certification; relates to English for Speakers of Other Languages Educators; specifies inservice requirements for educators who provide English for Speakers of Other Languages instruction. Changes requirements for number of inservice hours.
http://www.flsenate.gov/data/session/2007/Senate/bills/billtext/pdf/s2512er.pdf
Title: S.B. 2512
Source: Florida Legislature

NVSigned into law 06/2007P-12Revises provisions governing the inclusion of certain information in the biennial budget request for the state distributive school account for submission to the department of administration based upon the annual budgets submitted by the school districts. Creates the Grant Fund for Incentives for licensed educational personnel and requires the board of trustees of each school district to establish a program of incentive pay for certain employees of the school district. Individuals eligible for grant: (1) Licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level who have been employed in that category of position for at least 5 years in the state or another state and who are employed in schools which are at-risk; and (2) Teachers who hold an endorsement in the field of mathematics, science, special education, English as a second language or other area of need within the school district, as determined by the state superintendent.
http://www.leg.state.nv.us/23rdSpecial/Bills/AB/AB1_EN.pdf
Title: A.B. 1A
Source: http://www.leg.state.nv.us

NYAdopted 06/2007P-12Enacts emergency regulations to prescribe requirements for the development by school districts of comprehensive plans for students with limited English proficiency. Page 6-10 of 55: http://www.dos.state.ny.us/info/register/2007/jul18/pdfs/rules.pdf

September 2007 ruling extends emergency regulations beyond September 2007 expiration date.
Title: Title 8 NYCRR Part 154
Source: Lexis-Nexis/StateNet

TXSigned into law 06/2007P-12Creates a dual language education pilot project including not more than 30 campuses in 10 districts statewide. School districts participating in the pilot project would be required to
participate for at least three years, with the first year being a planning year. Requires the state department to make periodic reports on the effectiveness of the pilot program. Directs the Commissioner to enter into a contract to license language-learning software using the language immersion methods by January 1, 2008. Requires expenditures for this subsection to be sufficient to support langauge learning opportunities for a maximum of one million students and employees for a maximum of three years. Limits expenditures for this purpose to $4 million annually.
http://www.legis.state.tx.us/tlodocs/80R/billtext/pdf/HB02814F.pdf
Title: H.B. 2814
Source: http://www.legis.state.tx.us

MNSigned into law 05/2007P-12Authorizes district to provide transportation to allow a student who attends a high-need English language learner program and who resides within the transportation attendance area of the program to continue in the program until the student completes the highest grade level offered by the program.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85
Title: H.F. 2245 [High Needs ESL]
Source: http://www.revisor.leg.state.mn.us

MNSigned into law 05/2007P-12Directs the Department of Education to develop and recommend to the legislature by February 15, 2008, the standards and process for awarding bilingual and multilingual certificates to those kindergarten through grade students who demonstrate and maintain a requisite level of proficiency in multiple languages.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85 (Section 39)
Title: H.F. 2245 [Multilingual/Bilingual]
Source: http://www.revisor.leg.state.mn.us

NVSigned into law 05/2007P-12Establishes a pilot program to study English immersion and English language learner programs for pupils who are limited English proficient. The Department of Education will select the public schools to participate in the pilot program.
http://www.leg.state.nv.us/74th/Bills/SB/SB398_EN.pdf
Title: S.B. 398
Source: http://www.leg.state.nv.us

IDSigned into law 04/2007P-12Directs the state department of education to distribute $750,000 on a one-time basis to schools in which the population of English language learners failed to meet adequate yearly progress (AYP) in math or reading, to improve the English language skills of English language learners. Directs the department to develop the program elements governing the use of these funds, modeled on the training, intervention and remediation elements of the state's early literacy intervention program. Requires the superintendent of public instruction to report to the joint finance-appropriations committee and the house of representatives and the senate education committees, by February 1, 2008, on the program design, uses of funds, and effectiveness of the program. Session Law Chapter 352
http://www3.state.id.us/oasis/S1237.html
Title: S.B. 1237 (Section 9)
Source: www3.state.id.us

NDSigned into law 04/2007P-12Adds two new sections: Section 45 and 46. Defines English language learner means a student who:
1. Is at least five years of age but has not reached the age of twenty-two; 2. Is enrolled in a school district in the state; 3. Has a primary language other than English or comes from an environment in which a language other than English significantly impacts the individual's level of English language proficiency; and 4. Has difficulty speaking, reading, writing, and understanding English, as evidenced by a language proficiency test approved by the superintendent of public instruction and aligned to the state English language proficiency standards and the state language proficiency test. Defines a new immigrant English language learner is an English language learner who was not born in the United States and has not attended
school in the United States for more than three school years or the monthly equivalent of three school years.
http://www.legis.nd.gov/assembly/60-2007/bill-text/HAFK1400.pdf
Title: S.B. 2200 (English language learner provisions)
Source: http://www.legis.nd.gov

NYSigned into law 04/2007P-12Eliminates provision that districts receiving state funds for the education of limited English proficient students must develop a comprehensive plan for meeting the educational needs of such students. Replaces with provision that all districts receiving total foundation aid must develop a comprehensive plan for meeting the educational needs of such students. Provides that such plan must include a description of the programs, activities and services used to meet the educational needs of limited English proficient students that comply with state regulations. Requires the commissioner, beginning November 1, 2008, to annually submit a report to the governor, director of the budget, speaker of the assembly, majority leader of the senate, and chair of the senate and assembly fiscal committees on the expenditure by districts of federal, state and local funds in the prior school year on programs, activities and services for limited English proficient students, along with recommendations for improvement of such programs.
http://assembly.state.ny.us/leg/?bn=S02107&sh=t
Title: S.B. 2107 - Part B, Section 10
Source: assembly.state.ny.us

IDSigned into law 03/2007P-12Amends existing law to declare English to be the official state language. Provides that English is the sole language of government, subject to exceptions. Provides that specified actions must be in English, subject to exceptions.

Requires all state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English to be returned to the state general fund.

Directs the state board of education to adopt rules governing the use of foreign languages in the public schools that promote the following principles:
(a) Non-English speaking children and adults should become able to read, write and understand English as quickly as possible;
(b) Foreign language instruction should be encouraged;
(c) Formal and informal programs in English as a second language should be initiated, continued and expanded; and
(d) Public schools should establish communication with non-English speaking parents within their systems, using a means designed to maximize understanding when necessary, while encouraging those parents who do not speak English to become more proficient in English. Session Law Chapter 254
http://www3.state.id.us/oasis/S1172.html
Title: S.B. 1172
Source: www3.state.id.us

IDAdopted 03/2007P-12Incorporates the following by reference:
The Idaho Content Standards
The Idaho English Language Development Standards
The Limited English Proficiency Program Annual Measurable Achievement Objectives (AMAOs) and Accountability Procedures
The Idaho English Language Assessment (IELA) Achievement Standards
The Idaho Standards Achievement Tests (ISAT) Achievement Standards
Page 3 of 35: http://adm.idaho.gov/adminrules/rules/idapa08/0203.pdf
Further details on English Language Development standards http://www.boardofed.idaho.gov/lep/index.asp
Title: IDAPA 08.02.03
Source: adm.idaho.gov

LAAdopted 02/2007P-12Makes changes to the state accountability system to take advantage of new and existing flexibility outlined in guidance for No Child Left Behind and to address situations, including changes necessitated in response to the hurricanes of 2005, which were not considered when the accountability policy was initially written. Provides that a school in which a repeating 4th grade student or Option I 8th grade student scores at a higher achievement level on a LEAP test of math, English language arts, science or social studies than any previous attempt (of the same test) will receive 50 incentive points per improved subject in its accountability index. Allows a student to earn a maximum of 200 incentive points for his/her school. Also provides that a 4th or 8th grade student in a summer school program who scores at a higher achievement level on a LEAP test of math or English language arts than any previous attempt (of the same test) will earn 50 incentive points per improved subject.

Provides methodology for calculating a 9-12 assessment index. Provides that scores of an English language learner who has been enrolled in a U.S. school for less than one year not be included in school performance score calculations. Amends language regarding the annual measurable objective (AMO), safe harbor, inclusion of alternate assessment results and determinations of a student's proficiency in English. Amends provisions awarding schools and districts a one year exclusion from the subgroup component in accountability due to a natural disaster.

Pages 4-6 of 50: http://www.doa.louisiana.gov/osr/reg/0702/0702rul.pdf
Title: LAC 28:LXXXIII.307, 409, 515, 703-707, 3905, 4001, and 4527
Source: www.doa.louisiana.gov

LAAdopted 02/2007P-12Makes various changes to state assessment system. Creates end-of-course tests, to be phased in over a period of six years starting in fall 2007, in the following:
1. Algebra I;
2. Geometry;
3. English I;
4. English II;
5. Biology;
6. American History;
7. Civics; and
8. Free Enterprise.

Sets limitations on the public release of assessment data when such a release might compromise student confidentiality. Amends test security policies. Amends policies related to erasure analysis on state assessments. Also amends policies to address suspected violations of test security and troubling content in written assessment responses. Adds provision regarding administrative errors by school personnel that result in a question regarding the security of the test or the accuracy of the test data.

Amends provisions related to English language development assessments for English language learners (ELLs) and assessment of students with disabilities, including assessment accommodations for ELLs and students with disabilities.

Provides that if a student is expelled from school and is not enrolled in any type of alternative program or receiving any services from the district, the parent may make a timely request that the student be tested and the district must make arrangements to test the student.

Pages 7- of 50: http://www.doa.louisiana.gov/osr/reg/0702/0702rul.pdf
Title: LAC 28:CXI.Chapters 1, 3, 5, 18, 23, 27, 33, and 35
Source: www.doa.louisiana.gov

MEIssued 01/2007P-12
Postsec.
Community College
Creates the Multicultural Affairs Sub-Cabinet to promote interdepartmental collaboration on multicultural policy development and program implementation. Provides that the commissioner of the state department of education, the president of the Maine Community College System and the chancellor of the University of Maine system (or designee) must serve on the council.

Creates the Multicultural Affairs Advisory Council to advise the sub-cabinet of service delivery issues and multicultural needs and to recommend strategies and policies for improving the delivery of services to the state's multicultural population. Requires the council to include representation from school districts with significant multicultural populations. Directs the council to assist the sub-cabinet with duties related to data assessment, planning and policy development, program integrity, public awareness, interdepartmental service delivery, and the development and function of subcommittees.

http://www.maine.gov/tools/whatsnew/index.php?topic=Gov_Executive_Orders&id=29854&v=Article
Title: EXECUTIVE ORDER NO. 25 FY 06/07
Source: www.maine.gov

+ Business Involvement
+ 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
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+ P-16 or P-20
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