ECS
From the ECS State Policy Database
2009 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 2009. 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--No Pass No Play
+ Accountability--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--College Entrance Exams
+ Assessment--Computer Based
+ Assessment--End-of-Course
+ Assessment--Formative/Interim
+ Assessment--NAEP (NAEP Results and NAEP Organization)
+ Assessment--Performance Based/Portfolio
+ 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--Charter Districts
+ 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--Vouchers
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ 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--Health/Nutrition Education
+ Curriculum--Home Economics
+ 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
+ Demographics--Condition of Children/Adults
+ Desegregation
+ 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--Litigation
+ 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--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--Grading Practices
+ Instructional Approaches--Homeschooling
+ Instructional Approaches--Problem Based Learning
+ Instructional Approaches--Single-Sex Education
+ Instructional Approaches--Time/Time on Task
+ Integrated Services/Full-Service Schools
+ International Benchmarking
+ Leadership
+ Leadership--District Superintendent
+ Leadership--District Superintendent--Compensation and Diversified Pay
+ 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
+ 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--Finance
+ No Child Left Behind--Report Cards
+ No Child Left Behind--School Support
- No Child Left Behind--Supplemental Services
NYAdopted 12/2009P-12Amends rule to implement the No Child Left Behind differentiated accountability pilot program. One of the key components of this rule is the repeal of the current paragraph 100.2(p)(6), "School Requiring Academic Progress", and its replacement with a new paragraph 100.2(p)(6), "Differentiated Accountability for Schools," beginning with the 2009-10 school year. The new paragraph will:
(1) Integrate federal and state accountability systems
(2) Reduce the number of school accountability categories by eliminating dual Title I and non-Title I streams of improvement
(3) Collapse identifications for improvement into three simplified accountability phases--Improvement, Corrective Action and Restructuring--based on the number of years a school failed to make adequate yearly progress (AYP) on an accountability performance criterion and/or accountability indicator
(4) Further differentiate each phase into three categories of intervention: Basic, Focused and Comprehensive, based upon the number of accountability groups that failed to make AYP in an accountability performance criterion and/or accountability indicator for which a school has been identified
(5) Determine a school's accountability designation for the 2009-2010 school year based upon the school's accountability status for the 2008-09 school year and the school's AYP for the 2007-08 and 2008-09 school years
(6) Provide schools with diagnostic tools, planning strategies, and supports and interventions specific to that phase in the improvement process and the school's category of need
(7) Allow for differentiation in the accountability process, permitting schools and districts to prepare and implement two-year school improvement/corrective action/restructuring plans that best match a school's designation
(8) Better align the School Under Registration Review (SURR) and NCLB processes and ensure that schools with systemic and persistent failure fundamentally restructure or close
(9) Maximize the state education department's limited resources and utilize the resources of the University of the State of New York (USNY) to assign School Quality Review Teams, Joint Intervention Teams, and Distinguished Educators to schools in improvement; strengthen the capacity of districts to assist schools to improve
(10) Empower parents by increasing combined participation in Public School Choice (PSC) and Supplemental Educational Services (SES) by providing for SES in the first year of a school's identification for improvement and PSC only after an identified school has failed to make AYP.

In addition, Section 100.2p(10) is amended to set forth the action that is to be taken when a school has been designated as Improvement, Corrective Action or Restructuring and has been placed on registration review. More specifically, under the amended regulations, requires a school designated as Improvement (year 1) or Corrective Action (year 1) to modify its plan to meet the requirements of a restructuring plan for implementation no later than the beginning of the school year following the year identified for registration review. The amended regulations also provide that a school designated as Restructuring (advanced) may be warned of revocation of registration unless an acceptable plan for closure or phase out has been submitted. Also allows a school identified for registration review to be identified for phase out or closure if progress has not been demonstrated after two full academic years of implementing a restructuring plan.

Adopted as published in the July 1, 2009 issue of the Register (pages 10-14 of 28): http://www.dos.state.ny.us/info/register/2009/jul1/pdfs/rules.pdf
Title: Title 8 NYCRR 100.2(p), 120.2, 120.3, 120.4
Source: www.dos.state.ny.us

ILAdopted 11/2009P-12Eliminates requirement that supplemental education service (SES) provider's three years of experience serving youth be in the community where the applicant intends to offer SES. Clarifies parent satisfaction criteria in evaluation rubric for supplemental education service providers. Pages 421-429 of 432: http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue45.pdf
Title: 23 IAC 675.50, Appendix B
Source: www.cyberdriveillinois.com

ILSigned into law 07/2009P-12Requires that a charter school comply with all provisions of the Educational Labor Relations Act. Provides that "educational employer" under the Educational Labor Relations Act includes the governing body of a charter school, a contract school or contract turnaround school or a subcontractor of instructional services of a school district, combination of school districts, charter school, or contract school or contract turnaround school. Specifies that "educational employer" under the Educational Labor Relations Act does not include an approved nonpublic special education facility that contracts with a school district or combination of school
districts to provide special education services. http://www.ilga.gov/legislation/96/SB/PDF/09600SB1984lv.pdf
Title: S.B. 1984
Source: www.ilga.gov

NYSigned into law 07/2009P-12Amends chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; amends chapter 101 of the laws of 2003, relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the effectiveness to June 30, 2010. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A08135&Summary=Y&Actions=Y&Memo=Y&Text=Y
Title: A.B. 8135
Source: assembly.state.ny.us

FLSigned into law 06/2009P-12Relates to supplemental educational services; requires each school district to report information regarding state-approved supplemental educational services to public school students and parent satisfaction; requires for evaluation of each provider based on such information and the assignment of a service designation; authorizes school districts to use certain funds to meet the requirements of the act; requires reporting in electronic format of student learning gains; requires posting on a public website.
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb2538er.html&Directory=session/2009/Senate/bills/billtext/html/
Title: S.B. 2538
Source: http://www.flsenate.gov

ILAdopted 06/2009P-12Amends rules concerning providers of supplemental educational services (SES). Adds a statement to the "Code of Ethics" section to make clear the applicability of these requirements to contractors and other entities acting in conjunction with providers. Adds a prohibition on marketing directly to students. Adds that district employees may be hired by an SES provider to provide non-instructional services. Clarifies that restrictions that apply to district staff in provision of SES services also apply to local board members and Chicago school council members. Specifies that each application for approval to provide SES in the state must include completed federal tax returns (or the equivalent for nonprofit entities) for the two most recent years and either an audit report or audited financial statements completed within two years prior to submission of the application. Requires SES providers, after the conclusion of SES for the reporting period, to report to the state superintendent only on students who received at least 18 hours of services. Specifies the report must include details on the resolution of any teacher or parent complaints received. Provides that each provider's performance will be determined on a statewide basis for each subject tutored (prior rule required provider's status to be determined on district-by-district basis.)

Adds that when a district notifies parents that the district's academic performance obligates the the offering of supplemental educational services, each district must post on its Web site (1) the number of students eligible for SES in each school year beginning with 2007-08; (2) the number of students who participated in SES in each school year beginning with 2007-08; (3) a list of the providers that are approved and have agreed to serve the district in the current school year; and (4) a list of the locations where each provider will offer services during the current school year. Adds provision related to students who do not receive a consultation on learning goals, measurement of progress toward those goals and a timetable for improving the student's academic achievement in the subjects tutored, by the time the student is to begin receiving tutoring. Adds transportation to and from SES in definition of "direct program expenses"; deletes transportation from section on non-reimbursable expenses.

Amends SES evaluation rubric in Appendix B and "Decision Matrix" in Appendix C. Pages 547-578 of 859: http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue25.pdf
Title: 23 IAC 675.30, .50, .70, .90, .175, .210, .220, .230, Appendix B, Appendix C
Source: www.cyberdriveillinois.com

+ Online Learning--Digital/Blended Learning
+ Online Learning--Virtual Schools/Courses
+ P-16 or P-20
+ P-3
+ P-3 Child Care
+ P-3 Content Standards and Assessment
+ 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
+ Partnerships--University/School
+ Postsecondary
+ Postsecondary Accountability
+ Postsecondary Accountability--Accreditation
+ Postsecondary Accountability--Diploma Mills
+ Postsecondary Affordability--Financial Aid
+ Postsecondary Affordability--Textbooks
+ Postsecondary Affordability--Tuition/Fees
+ Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans
+ Postsecondary Faculty
+ Postsecondary Faculty--Compensation
+ Postsecondary Faculty--Intellectual Property
+ Postsecondary Faculty--Teaching Assistants
+ Postsecondary Finance
+ Postsecondary Finance--Efficiency/Performance-Based Funding
+ Postsecondary Finance--Facilities
+ Postsecondary Governance and Structures
+ Postsecondary Institutions--Community/Technical Colleges
+ Postsecondary Institutions--For-Profit/Proprietary
+ Postsecondary Institutions--Private/Independent
+ Postsecondary Online Instruction
+ Postsecondary Participation
+ Postsecondary Participation--Access
+ Postsecondary Participation--Admissions Requirements
+ Postsecondary Participation--Affirmative Action
+ Postsecondary Participation--Outreach
+ Postsecondary Students
+ Postsecondary Students--Foster Youth
+ Postsecondary Students--Graduate/Professional
+ Postsecondary Students--Military
+ Postsecondary Students--Minority
+ Postsecondary Success--Completion
+ Postsecondary Success--Completion--Completion Rates (Statistics)
+ Postsecondary Success--Developmental/Remediation
+ Postsecondary Success--Retention/Persistence
+ Postsecondary Success--Transfer/Articulation
+ Private Schools
+ Privatization
+ Promising Practices
+ Promotion/Retention
+ Public Involvement
+ Reading/Literacy
+ Reading/Literacy--Adult Literacy
+ Religion
+ Religion--Prayer/Meditation
+ 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--School Size
+ School/District Structure/Operations--Shared Services
+ School/District Structure/Operations--Transportation
+ Service-Learning
+ Special Education
+ 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--Immigrant Education
+ Special Populations--Military
+ Standards
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Task Forces/Commissions
+ STEM
+ Student Achievement
+ Student Achievement--Closing the Achievement Gap
+ Student Supports--Counseling/Guidance
+ Student Supports--Mentoring/Tutoring
+ Student Supports--Remediation
+ Students
+ Students--Athletics/Extracurricular Activities
+ Students--Employment
+ Students--Mobility
+ 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--Recruitment and Retention--High-Needs Subjects
+ Teaching Quality--Reduction in Force
+ Teaching Quality--Teacher Attitudes
+ Teaching Quality--Teacher Rights
+ Teaching Quality--Tenure or Continuing Contract
+ Teaching Quality--Unions/Collective Bargaining
+ Teaching Quality--Working Conditions
+ Technology
+ Technology--Computer Skills
+ Technology--Devices/Software/Hardware
+ Technology--Equitable Access
+ Technology--Funding Issues
+ Technology--Teacher/Faculty Training
+ Textbooks and Open Source
+ Urban
+ Urban--Governance