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
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- Finance--Facilities
GAApproved by voters 11/2008P-12(BALLOT MEASURE SR 996) Proposes an amendment to the Constitution to authorize community redevelopment and authorize counties, municipalities, local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds.
Title: V. 3
Source: Lexis-Nexis/StateNet

CAVetoed 09/2008P-12Repeals a provision of the Leroy F. Greene School Facilities Act of 1998 which sets specific per- unhoused-pupil grant eligibility levels. Increases, by a certain percentage, the per-unhoused-pupil grants, including grants for individuals with exceptional needs, that were in effect pursuant to the provision and further increases these grants by a specified percentage on a specified date. Requires the State Allocation Board to increase specified grants made to qualifying individuals with exceptional needs.
http://www.assembly.ca.gov/acs/acsframeset2text.htm
Title: A.B. 100
Source: http://www.assembly.ca.gov

CASigned into law 09/2008P-12Authorizes the State Allocation Board to permit an elementary school district, with a certain number of elementary schools, that is located within a high school district with more than a certain number of high schools, has a specified average daily attendance, and that has geographical boundaries encompassing more than a certain number of square miles to calculate its eligibility for new construction funding on a provision that is otherwise applicable only to high school attendance areas. Chapter 723
http://www.assembly.ca.gov/acs/acsframeset2text.htm
Title: S.B. 1556
Source: http://www.assembly.ca.gov

UTAdopted 09/2008P-12Repeals rule relating to the State School Building Program.
Title: R277-451
Source: Lexis-Nexis/StateNet

LASigned into law 07/2008P-12Authorizes city, parish, and other local public school boards to create public benefit corporations and enter into contracts for the improvement and management of school property. Authorizes any public benefit corporation so created to issue negotiable revenue bonds. Provides that any obligations issued and any financing arrangements entered into are subject to approval by the state bond commission. To facilitate school construction or renovation, authorizes city, parish and other local boards to transfer properties to a public benefit corporation through financing arrangements, including without limitation sales, sale-leasebacks, leases, and lease-leasebacks, provided that no transfer of property may result in such property being used for purposes other than school purposes.

Authorizes city, parish and other local public school boards to make loans and guarantee loans to a public benefit corporation or to other third-party entities to construct or renovate schools, subject to the approval of the state bond commission.

Provides that any public benefit corporation may act alone or in partnership with any private entity to leverage additional funds not otherwise available to a city, parish, or other local public school board for school construction or renovation, transferred to such public benefit corporation.

Provides that for purposes of these provisions, ""city, parish, and other local public school board" includes the Recovery School District.

Requires the department of education to report annually to the Joint Legislative Committee on the Budget on the utilization of these provisions based on information provided the department each school year by every school district and public benefit corporation using New Market Tax Credits. http://www.legis.state.la.us/billdata/streamdocument.asp?did=500773
Title: H.B. 1054
Source: www.legis.state.la.us

LAVetoed 07/2008P-12Creates the Statewide Educational Facilities Authority in the department of education to provide funding, coordination, assistance and oversight for the repair, renovation and construction of public school facilities. Directs the authority to conduct a statewide assessment of such facilities and develop a formula and mechanism to prioritize applications for funding for local projects submitted by local boards based on best practices. Creates the Educational Facilities Advisory Council to provide advice and input to the Louisiana Statewide Education Facilities Authority board of commissioners to inform policy and funding decisions made by the board.
Bill text: http://www.legis.state.la.us/billdata/streamdocument.asp?did=498623
Veto message: http://www.legis.state.la.us/archive/08rs/veto/sb632v.pdf
Title: S.B. 632
Source: www.legis.state.la.us

NHSigned into law 07/2008P-12Makes changes to the process for proration of funds for school building aid grants; transfers authority over questions on the location of school buildings from the county commissioners to the State Board of Education; requires the school building authority to work with the State Board of Education on matters concerning school facilities.
http://www.gencourt.state.nh.us/legislation/2008/HB1446.html
Title: H.B. 1446
Source: http://www.gencourt.state.nh.us

NHSigned into law 07/2008P-12Extends the kindergarten construction aid program until all school districts operate a kindergarten program; allows a school district to elect a construction grant to be applied to the costs of a kindergarten facility; provides classroom transition grants to eligible school districts which do not operate a public kindergarten program and which begin operation of such a program; requires that a school district providing a public kindergarten program as of the beginning of the 2009-2010 school year shall receive, in that same year, an additional adequate education grant amount based on the number of pupils attending kindergarten in the district as of the beginning of the school year. Requires certain school districts to submit a kindergarten implementation plan to the commissioner of the department of education detailing the district's plan to provide a public kindergarten program no later than the beginning of the 2009-2010 school year.
http://www.gencourt.state.nh.us/legislation/2008/SB0530.html
Title: S.B. 530
Source: http://www.gencourt.state.nh.us

TNSigned into law 06/2008P-12Enacts the "Energy Efficient Schools Initiative [EESI] of 2008." Creates an 11 member Energy Efficient Schools Council and sets out the requirements for selection of members, term of members, expenses eligible for reimbursement, purpose of the council, election of officers. Authorizes the Council to hire staff and raise private funds to support initiatives. Authorizes the Council to establish a five member technical advisory committee. Authorizes the council to award grants and loans to school systems for qualifying capital outlay projects. Requires the Comptroller of the Treasury to conduct an annual audit of the council. Establishes a separate energy efficient school fund in the state treasury.
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1188.pdf
Title: S.B. 4039
Source: http://www.legislature.state.tn.us

KYSigned into law 04/2008P-12Relates to use of local district capital outlay funds. Authorizes a district to submit a request to the commissioner of education to use capital outlay funds for maintenance expenditures or for the purchase of property insurance in fiscal year 2008-2009 and fiscal year 2009-2010 without forfeiture of the district's participation in the School Facilities Construction Commission Program. Authorizes a district to submit a request to the commissioner of education to use funds from the per pupil capital outlay allotment to purchase land for a new school or to modify an existing school if the project is included on the district facility plan for completion within eight years. Allows a district that has experienced an increase in adjusted average daily attendance of 20% or more over a five-year period to submit a request to the commissioner of education to use capital outlay funds for the operation of a new school for the first two years following its opening. http://www.lrc.ky.gov/record/08RS/HB514/bill.doc
Title: H.B. 514
Source: www.lrc.ky.gov

NMSigned into law 03/2008P-12Relates to public school facilities; amends the Public School Capital Outlay Act; creates the Public School Facility Opportunity Fund; authorizes grants from the Fund to certain school districts for certain purposes; provides supplemental funding for projects in certain school districts; reduces the offset from a grant award for certain appropriations made for joint use with a governmental entity; changes the procedure for making payments for expenditures incurred to inspect and permit projects.
http://legis.state.nm.us/Sessions/08%20Regular/final/SB0146.pdf
Title: S.B. 146
Source: http://legis.state.nm.us/LCS/default.asp

WISigned into law 03/2008P-12Authorizes a school board to construct or acquire, own, operate, and maintain a renewable resource facility. The energy generated by the facility may be used for school district facilities or th board may sell the energy generated by the facility at wholesale, if the school board's share of the installed capacity of the facility does not exceed 5 megawatts and the school board incorporates information about the facility in its curriculum.
http://www.legis.state.wi.us/2007/data/AB-625.pdf
Title: A.B. 625
Source: www.legis.state.wv.us

+ Finance--Federal
+ Finance--Funding Formulas
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