ECS
From the ECS State Policy Database
2008 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 2008. 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--Measures/Indicators
+ Accountability--Reporting Results
+ 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
+ At-Risk (incl. Dropout Prevention)
+ At-Risk (incl. Dropout Prevention)--Alternative Education
+ At-Risk (incl. Dropout Prevention)--Drugs/Alcohol
+ Attendance
+ Attendance--Truancy
+ Background Checks
+ Bilingual/ESL
+ Business Involvement
+ Career/Technical Education
+ Career/Technical Education--Career Academies/Apprenticeship
+ Choice of Schools--Charter Schools
+ Choice of Schools--Charter Schools--Finance
+ Choice of Schools--Charter Schools--Research
+ Choice of Schools--Choice/Open Enrollment
+ Choice of Schools--Innovation Schools
+ 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
+ Counseling/Guidance
+ Curriculum
+ Curriculum--Alignment
+ Curriculum--Arts Education
+ Curriculum--Drivers Education
+ Curriculum--Environmental Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Health/Nutrition Education
+ Curriculum--International Education
+ Curriculum--Language Arts
+ Curriculum--Mathematics
+ Curriculum--Multicultural
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Demographics--Condition of Children/Adults
+ Demographics--Enrollments
+ Desegregation
+ Economic/Workforce Development
+ Education Research
+ Equity
+ Federal
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Aid to Private Schools
+ Finance--Bonds
+ Finance--District
+ Finance--Equity
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
+ Finance--Resource Efficiency
+ Finance--State Budgets/Expenditures
+ Finance--Student Fees
+ Finance--Taxes/Revenues
+ Finance--Taxes/Revenues--Alternative Revenues
+ Governance
+ Governance--Deregulation/Waivers/Home Rule
+ Governance--Ethics/Conflict of Interest
+ Governance--School Boards
+ Governance--School Boards--Training
+ Governance--Site-Based Management
+ Governance--State Boards/Chiefs/Agencies
+ Health
+ Health--Child Abuse
+ Health--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--Exit Exams
+ High School--GED (General Education Development)
+ High School--Graduation Requirements
+ Instructional Approaches--Grading Practices
+ Instructional Approaches--Homeschooling
+ Instructional Approaches--Single-Sex Education
+ Integrated Services/Full-Service Schools
+ International Baccalaureate
+ Leadership
+ Leadership--District Superintendent
+ 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
+ Mentoring/Tutoring
+ Middle School
+ Minority/Diversity Issues
+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ No Child Left Behind
+ No Child Left Behind--Adequate Yearly Progress
+ No Child Left Behind--Assessment
+ No Child Left Behind--Choice/Transfer
+ No Child Left Behind--Consequences for Schools
+ No Child Left Behind--Finance
+ No Child Left Behind--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 Family Involvement
+ P-3 Finance
+ P-3 Governance
+ P-3 Grades 1-3
+ P-3 Kindergarten
+ P-3 Kindergarten--Full Day Kindergarten
+ P-3 Preschool
+ P-3 Teaching Quality/Professional Development
+ Parent/Family
+ Parent/Family--Parent Rights
+ Partnerships--University/School
+ Postsecondary
+ Postsecondary Accountability
+ Postsecondary Accountability--Accreditation
+ 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 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--Foster Youth
+ Postsecondary Students--Graduate/Professional
+ Postsecondary Students--Military
+ Postsecondary Students--Minority
+ Postsecondary Success--Completion
+ Postsecondary Success--Developmental/Remediation
+ Postsecondary Success--Transfer/Articulation
+ Private Schools
+ Privatization
+ Promotion/Retention
+ Public Involvement
+ Reading/Literacy
+ Religion
+ Religion--Scientific Creationism (Evolution)
+ Remediation (K-12)
+ Rural
+ Scheduling/School Calendar
+ Scheduling/School Calendar--Day/Class Length
+ Scheduling/School Calendar--Extended Day Programs
+ Scheduling/School Calendar--Summer School
+ Scheduling/School Calendar--Week
+ Scheduling/School Calendar--Year
+ School Safety
+ School Safety--Bullying Prevention/Conflict Resolution
+ School Safety--Code of Conduct
+ School Safety--Corporal Punishment
+ 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/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--Shared Services
+ School/District Structure/Operations--Transportation
+ Service-Learning
+ Social/Emotional Learning and Non-Cognitive Skills
- Special Education
NYAdopted 10/2008P-12Special Education Programs and Services
Title 8 NYCRR Section 177.2
Adds a new section to establish a dispute resolution mechanism for costs for special education services provided to a non-resident student with a disability who is parentally placed in a nonpublic school....

More...
CAVetoed 09/2008P-12Autism disorder clearinghouse
A.B. 1872
Establishes the State Autism Spectrum Disorder Clearinghouse within the State Department of Education to provide evidence-based resources, research materials, information and practices regarding the education of pupils with autism spectrum disorders. Requires ...

More...
CAVetoed 09/2008P-12Autism
S.B. 1475
Requires the State Department of Developmental Services to establish a pilot project to provide methods, instruments, and systems of care between regional centers and school districts for the early identification and assessment of children with Autism Spectrum...

More...
FLAdopted 09/2008P-12Math Performance Standards for Students w/ Disabilities
FAC 6A-1.09401
Amends rule to address the Sunshine State Standards math access points for students with significant cognitive disabilities.

Sunshine State Standards for Special Diploma as incorporated by reference in paragraph (1)(h) of this rule describe what certain stude...

More...
NYSigned into law 09/2008P-12Request for Adult Services
A.B. 9225
Requires the Commissioner of Mental Retardation and Developmental Disabilities to notify the Committee on Special Education, multidisciplinary team, or social services official that submitted a report on a mentally retarded or developmentally disabled child re...

More...
NYSigned into law 09/2008P-12Special Education Services Outside the School Setting
S.B. 7981
Provides that members of committees on special education may provide parents of a child with a disability with a list of programs and services available outside the school setting. Provides that the list must clearly state that such services are in addition to...

More...
CASigned into law 08/2008P-12Council on Developmental Disabilities
S.B. 1774
Amends existing law that creates a state council on developmental disabilities appointed by the Governor. Requires that the state council include a representative from each of the university centers for excellence, thus increasing the council membership. Allow...

More...
ILSigned into law 08/2008P-12Residential Programs
S.B. 2042
Amends the School Code and the Juvenile Court Act of 1987. Distinguishes funding provisions for students in residential programs who are not eligible for special education services and funding provisions for students with disabilities who are in residential pr...

More...
ILSigned into law 08/2008P-12Assorted Amendments to the School Code
S.B. 2482
Repeals the Professional Development Block Grant. Amends requirements related to annual census for special education, such that census must include students age 3 to 21 (rather than birth to 21) receiving special education services. Eliminates requirement that...

More...
NCSigned into law 08/2008P-12Children Placed in Private Psychiatrict Facilities
H.B. 2306
Requires the State Board of Education and Department of Health and Human Services to determine responsibility for children with disabilities placed in private psychiatric residential treatment facilities by public agencies other than local educational agencies...

More...
NYSigned into law 08/2008P-12
S.B. 8497
Requires that each certified school administrator or supervisor assigned on or after September 2, 2009 to be a special education administrator be provided with enhanced training in the needs of autistic children. Requires individuals serving as special educati...

More...
NYAdopted 08/2008P-12Special Education Programs
Title 8 NYCRR Sections 177.1, 200.1, 200.3-200.7, 200.16, 201.11
Conforms certain rules to the Individuals with Disabilities Education Act, ensures that chairpersons of committees on special education are appropriately qualified, and establishes procedures for when a district receives a request for referral of a student for...

More...
CASigned into law 07/2008P-12IEP
A.B. 2555
Amends existing law that requires the parent of a pupil be given, in writing, a proposed assessment plan within a specified time frame of the referral of the pupil for assessment for the development or revision of an individualized education program and a copy...

More...
LASigned into law 07/2008P-12Dyslexia Screenings
S.B. 719
By January 30, 2009, requires the state board to implement a pilot program to provide universal screening of students in grades prekindergarten through 3 for dyslexia and related disorders. Provides that if no monies are appropriated in the 2008-2009 fiscal ye...

More...
MASigned into law 07/2008P-12
Postsec.
Community College
Transition Age Requirements and Measurable Postsecondary Goals
S.B. 286
Provides for maintaining transition age requirements and measurable postsecondary goals for school age students with disabilities.
http://www.mass.gov/legis/bills/senate/185/st00/st00286.htm...

More...
NCSigned into law 07/2008P-12Educational Services for Students With Disabilities
H.B. 12
Amends the definition of educational services for students with disabilities; amends the law to allow a designee or designees of a student's Individual Education Plan team to evaluate the continued appropriateness of homebound instruction for discipline purpos...

More...
NHSigned into law 07/2008P-12Procedures for Delivery of Special Education and Related Services
H.B. 679
Revises the procedures for delivery of special education services by school districts and other agencies; requires a law enforcement agency officer who suspects a minor has a disability, to notify an administrator of the school district and administrator, if a...

More...
NHSigned into law 07/2008P-12Financial Liability for Placement of Child with Disability
H.B. 765
Establishes a committee to study the financial liability for placement of a child with a disability; provides for the powers and duties of the committee.
http://www.gencourt.state.nh.us/legislation/2008/HB0765.html...

More...
NHSigned into law 07/2008P-12Changes in Special Education Law
H.B. 766
Revises numerous statutes relating to special education; expands, updates, and clarifies definitions; expands the duties of the Department of Education; establishes duties of correctional facilities; provides for monitoring of special education programs and au...

More...
NYSigned into law 07/2008P-12Student with Disabilities in Homeschool Program
A.B. 11463
Provides that solely for purposes of providing services to special education students and the computation of state aid, a student with disabilities in a homeschool program must be considered a nonpublic school student eligible to receive services as such, prov...

More...
NYVetoed 07/2008P-12New York State Schools for the Deaf and Blind
A.B. 9511
Requires school districts to provide information to parents of blind and deaf students regarding programs and institutions administered by the state. http://assembly.state.ny.us/leg/?bn=A09511&sh=t...

More...
RISigned into law 07/2008P-12Students with Disabilities
H.B. 7715
Excerpt: (b) Notwithstanding any other federal or state law or regulation, the school committee where a parentally placed child who has or develops a disability in private school resides, shall provide the child with the same free and appropriate education as ...

More...
CTSigned into law 06/2008P-12Special Education Instruction
H.B. 5590
Concerns special education and instructional methods concerning autism and other developmental disabilities; requires the development and use of instructional methods for parents and teachers of children with autism and other developmental disabilities; relate...

More...
FLSigned into law 06/2008P-12
Postsec.
Community College
Student w/ Disabilies Policies
H.B. 1313
Relates to charter schools, the Scholarships for Students with Disabilities Program, postsecondary education, school attendance, and high school graduation requirements; revises the terminology used to identify students with intellectual, emotional, or behavio...

More...
HISigned into law 06/2008P-12Decisionmaking for Adult Special Education Students
S.B. 2879
Establishes a power of attorney for adult special education students. Provides a process for revocation of the power of attorney for special education. Establishes the process to appoint an educational representative for an adult student who lacks capacity to ...

More...
HISigned into law 06/2008P-12Due Process Hearings
S.B. 2004
Extends the deadline within which to file a request for a due process hearing relating to the education of a child with a disability from ninety days to two years when the request is for reimbursement of costs of a child's placement. Provides that no later tha...

More...
LASigned into law 06/2008P-12Comprehensive Revision of Special Education Legislation
H.B. 1053
Provides for comprehensive revision of the educational opportunities for children with exceptionalities provisions. The following are the major changes, as set forth in the digest (http://www.legis.state.la.us/billdata/streamdocument.asp?did=488156) of the ree...

More...
MOAdopted 06/2008P-12ASSISTIVE TECHNOLOGY LOAN PROGRAM
5 CSR 110-1.020
Proposes to move rules from the Office of Administration to the Department of Elementary and Secondary Education. Allows the council to establish interest rates and maximum loan amounts that meet the needs of consumers in the Assistive Technology Loan Program....

More...
NHSigned into law 06/2008P-12Autism Spectrum Disorder
H.B. 1634
Establishes the Council on Autism Spectrum Disorders to coordinate supports and services for individuals and their families; states that the duties of the council include providing information to families and persons with such disorders, collaborating with sch...

More...
OKSigned into law 06/2008P-12Training of Behavior Therapists - Autism
S.B. 2071
Relates to schools; requests the Regional University System of Oklahoma to establish a comprehensive autism training program at the University of Central Oklahoma to provide statewide leadership in training of post graduate and post baccalaureate behavior ther...

More...
KSSigned into law 05/2008P-12School Finance
S.B. 531
Provides that a student enrolled in a district and attending both a non-virtual school and a virtual school must be counted as that proportion of one pupil (to the nearest one-tenth) that the student's attendance at the non-virtual school bears to full-time at...

More...
NJSigned into law 05/2008P-12
Postsec.
Alicia's Law
S.B. 442
Enacts Alicia's Law, permits a student whose high school special education program requires instruction beyond four years to participate with his or her class in that classes graduation ceremony and to receive a certificate of attendance.
http://www.njleg.stat...

More...
OKSigned into law 05/2008P-12Three Year Placements
H.B. 2518
Relates to transfers for children with disabilities; provides that beginning with the 2008-2009 school year, a transfer granted for a child with a disability to another school district must automatically be renewed for three consecutive years; requires the di...

More...
COSigned into law 04/2008P-12Student Intervention for Special Education
S.B. 89
Allows an administrative unit to use no more than a specified percentage of the funding it receives under the Exceptional Children's Educational Act to provide early intervening services to students; requires that administrative units report information to the...

More...
MDSigned into law 04/2008P-12Physical Ed. for Students with Disabilities
H.B. 1411; S.B. 849
Requires county boards of education to ensure that students with disabilities have certain opportunities in specified physical education and certain athletic programs; provides for certain exceptions to these requirements; requires county school systems to pro...

More...
MESigned into law 04/2008P-12Screening for Autism
S.B. 771
Requires the Department of Education and the Department of Health and Human Services to convene an interdepartmental work group to develop and establish a uniform statewide protocol for screening young children for signs of autism, examine models that meet cri...

More...
NESigned into law 04/2008P-12Certificate of Attendance
L.B. 1153
At the request of 1 a parent or guardian, a school district is to issue a certificate of attendance to a student who receives special education services, who has reached seventeen years of age, and who has not completed his or her individualized education plan...

More...
ILAdopted 03/2008P-12Special Education Facilities
23 IAC 401.10, .30, .210
Emergency rule (expires 8-18-08) includes a new provision expressly prohibiting the "use of a behavioral intervention strategy relying upon pain as an intentional
method of control" by any program operated at a facility serving students with disabilities. Requ...

More...
MESigned into law 03/2008P-12Special Education Evaluations
H.B. 1387
Directs the Department of Education to amend its rules governing special education to provide a deadline of 45 school days for the completion of an evaluation.
http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280027483&LD=1949&Type=1&Session...

More...
MSSigned into law 03/2008P-12
Postsec.
Blind Persons' Literacy Rights and Education Act
H.B. 638
Amends portions of the Blind Persons' Literacy Rights and Education Act. Relates to requirements for for the development of an individualized education plan.
http://billstatus.ls.state.ms.us/documents/2008/pdf/HB/0600-0699/HB0638SG.pdf...

More...
TNSigned into law 03/2008P-12Training
S.B. 3642
Changes the required training regulations for special education mediators and administrative law judges who conduct due process hearings.Training is currently funded through Individuals with Disabilities Act (IDEA) federal funds. Forty hours of training is cur...

More...
VASigned into law 03/2008P-12Access to Public Places for Persons With Disabilities
H.B. 214
Adds public entities, including schools, to the list of public places in which persons with disabilities are entitled to the same full and free rights as other persons.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB214ER...

More...
WASigned into law 03/2008P-12
Postsec.
Disability History Month
S.B. 6313
Every October, public schools and postsecondary institutions must conduct or promote educational activities that provide instruction, awareness and understanding of disability history and persons with disabilities.
http://apps.leg.wa.gov/documents/billdocs/200...

More...
WASigned into law 03/2008P-12Strategies for Success for Students with Disabilities and Reporting Requirements on the WASL
H.B. 3212
The Center for the Improvement of Student Learning (CISL) and the education ombudsman are directed to identify strategies to improve the academic success rates of students with disabilities. The CISL is also directed to provide best practices and information o...

More...
WASigned into law 03/2008P-12Interdistrict Transfers for Employees' Children with Special Education Needs
H.B. 2137
School districts must allow the children of full-time classified and certificated employees to enroll in a district that offers early education intervention services for special education students, provided that the child qualifies for such services.
http://a...

More...
WVSigned into law 03/2008P-12Service Personnel and Authority
H.B. 4478
Gives authority to certain aides to exercise control over students; expands the classifications of service personnel to include paraprofessionals, interpreters and aides providing one-on-one services to students with exceptionalities as required by the student...

More...
SDVetoed 02/2008P-12Deaf/Hearing Impaired
H.B. 1242
Requires the Department of Education and the Board of Regents to establish programs and policies for children who are deaf and hard-of-hearing.
http://legis.state.sd.us...

More...
MISigned into law 01/2008P-12Special Education Policies
S.B. 730 (sec. 1701)
Addresses several special education policies and requirements, including student learning plans, transportation, personnel, funding, placement, reporting, etc.
http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2008-PA-0001.pdf...

More...
NJSigned into law 01/2008P-12Burden of Proof
A.B. 4076
Places the burden of proof and burden of production on school districts in due process hearings conducted to resolve special education issues; codifies the practice.
http://www.njleg.state.nj.us...

More...
NJSigned into law 01/2008P-12Billy's Law
S.B. 2490
Establishes the Council on Out-of-State Placement of Children and the registry of qualified out-of-State residential schools and programs in Department of Human Services, to be known as Billy's Law, to reduce out-of-state placements.
http://www.njleg.state.nj....

More...
+ Special Education--Federal Law/Regulations
+ Special Education--Finance
+ Special Education--Placement
+ Special Education--Transition
+ Special Populations--Corrections Education
+ Special Populations--Foster Care
+ Special Populations--Gifted and Talented
+ Special Populations--Homeless Education
+ Special Populations--Military
+ Standards
+ State Comparisons/Statistics
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Ballot Questions
+ State Policymaking--Task Forces/Commissions
+ STEM
+ Student Achievement
+ Student Achievement--Closing the Achievement Gap
+ Students
+ Students--Athletics/Extracurricular Activities
+ Students--Incentives
+ Students--Mobility
+ Students--Records/Rights
+ Teaching Quality
+ Teaching Quality--Certification and Licensure
+ Teaching Quality--Certification and Licensure--Alternative
+ 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--Recruitment and Retention--High-Needs Subjects
+ Teaching Quality--Reduction in Force
+ Teaching Quality--Teacher Rights
+ Teaching Quality--Tenure or Continuing Contract
+ Teaching Quality--Unions/Collective Bargaining
+ Technology
+ Technology--Devices/Software/Hardware
+ Technology--Funding Issues
+ Technology--Internet Safety
+ Technology--Teacher/Faculty Training
+ Textbooks and Open Source
+ Urban
+ Urban--Governance