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
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+ Instructional Approaches
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+ Instructional Approaches--Homeschooling
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+ Instructional Approaches--Single-Sex Education
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+ Integrated Services/Full-Service Schools
+ International Benchmarking
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+ Leadership--Principal/School Leadership
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+ Middle School
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+ No Child Left Behind
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+ No Child Left Behind--Finance
+ No Child Left Behind--Report Cards
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+ No Child Left Behind--Supplemental Services
+ Online Learning--Digital/Blended Learning
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+ P-16 or P-20
+ P-3
+ P-3 Child Care
+ P-3 Content Standards and Assessment
- P-3 Early Intervention (0-3)
CASigned into law 08/2009P-12Relates to services for individuals with developmental disabilities. Establishes procedures for the resolution of disputes between a regional center and a generic agency over provision of, or payment for, services that are contained in an individualized family service plan or individual program plan for any child under 6 years of age. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0101-0150/ab_140_bill_20090806_chaptered.pdf
Title: A.B. 140
Source: www.leginfo.ca.gov

CASigned into law 07/2009P-12From Legislative Counsel's Digest:

In providing early intervention services and support to all eligible infants and toddlers and their families, requires a family's private insurance for medical services or a health care service plan identified in the individualized family service plan to be used, except for specified purposes. Revises the definition of an eligible infant or toddler for purposes of eligibility for services under the California Early Intervention Services Act. Revises the contents of the individualized family service plan that all infants or toddlers receiving services under the Act must have, including, commencing July 1, 2009, requiring the development, review or modification of an individualized family service plan to consider certain group training and preschool activities. Makes related changes. Prohibits regional centers from purchasing nonrequired services, as defined, except durable medical equipment.

Requires any vendor of applied behavioral analysis services or intensive behavioral intervention services under either the California Early Intervention Services Act or the Lanterman Developmental Disabilities Services Act to conduct a behavioral assessment of each infant or toddler to whom the vendor provides these services and design an intervention plan for the child. Requires the regional center to purchase these services, subject to prescribed limitations. Requires the state department of developmental services to establish a prevention program for at-risk babies, as defined, under which intake, assessment, case management and referral to generic agencies would be provided. Requires each regional center to purchase or provide services under the program pursuant to its allocation from the department.

Under existing law, the Lanterman Developmental Disabilities Services Act, the state department of developmental services is responsible for providing various services and supports to individuals with developmental
disabilities, and for ensuring the appropriateness and quality of those services and supports. Existing law requires that life quality assessments be conducted with consumers served by private nonprofit regional centers, pursuant to specified criteria. New policy requires the state department of developmental services to implement an improved, unified quality assessment system, on or before January 1, 2010. Requires the department to identify a valid and reliable quality assurance instrument that includes assessments of consumer and family satisfaction, provision of services, and personal outcomes. Requires the department to contract with an independent agency or organization for this purpose. Provides implementation of these provisions is subject to an annual appropriation of funds in the Budget Act.

Imposes various requirements relating to the funding of transportation services for persons with developmental disabilities at the time of the development, review or modification of a consumer's individual program plan (IPP) or individualized family service plan (IFSP). Existing law permits a regional center to purchase services or supports for the consumer from any individual or agency that the regional center and consumer (or consumer's parents, where appropriate) determine will best accomplish all or any part of the consumer's IPP. New provision requires the selection of the least costly available provider of comparable services that is able to accomplish all or part of the consumer's IPP. Also prohibits a regional center from purchasing experimental treatments, theraputic services or devices that have not been clinically determined or scientifically proven to be effective or safe or for which risks and complications are unknown. Requires a regional center to annually provide the consumer and his/her parents a statement of services and supports that the regional center purchased, for the purpose of ensuring that they are delivered.

Existing law contains various requirements pertaining to the responsibilities of the department and regional centers concerning the monitoring of consumers in health and residential care facilities. New provision, effective July 1, 2009, provides that a regional center is not required to perform triennial evaluations of specified community care facilities. Effective July 1, 2009, with specified exceptions, prohibits a regional center from newly vendoring a 24-hour residential care facility licensed by the state department of social services with a licensed capacity of 16 or more beds.

Existing law requires a regional center to identify and pursue all possible sources of funding for consumers, including governmental or other entities or programs required to provide or pay the costs of providing services. New provision requires that the department, in consultation with stakeholders, develop an alternative service delivery model that provides an Individual Choice Budget for obtaining quality services and supports that provides choice and flexibility within a finite budget that, in the aggregate, reduces regional center purchase of service expenditures, reduces reliance on the General Fund and maximizes federal financial participation. Effective July 1, 2009, prohibits a regional center from purchasing specified services pending implementation of the Individual Choice Budget, except that an exemption from this prohibition may be granted under prescribed circumstances.

Effective July 1, 2009, also imposes restrictions on the amount of respite services that may be purchased for a consumer, except that a regional center may grant an exemption from these restrictions under
prescribed circumstances. This respite service provision would be repealed upon the occurrence of prescribed conditions relating to the implementation of the Individual Choice Budget. Effective July 1, 2009, and except as prescribed, provides that a regional center must not purchase any service that would otherwise be available from prescribed publicly funded program, private insurance or a health care service plan when the consumer or family meets the criteria of that coverage but chooses not to pursue that coverage. Also, effective July 1, 2009, and except as prescribed, prohibits a regional center from purchasing medical or dental services for a consumer 3 years of age or older from the Medi-Cal program private insurance or health care service plan unless the regional center is provided documentation of a Medi-Cal, private insurance or health care service plan denial appeal is being pursued, and the regional center makes a specified determination regarding the appeal.

Existing law requires the director of developmental services to establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers. Under existing law, adjustment of the parental fees by the department is subject to the approval of the state council on developmental disabilities. New provision revises the provisions relating to parental fees, by, among other things, exempting the July 1, 2009, parental fee adjustment from approval by the state council on developmental disabilities and providing for additional factors to be used in determining the fee adjustment.

Existing law authorizes an in-home respite worker to perform gastrostomy care and feeding of regional center clients, after completing designated training. New provision expands these provisions to include colostomy, ileostomy and urinary catheter care, and would refer to these services collectively as incidental medical services. Revises applicable training requirements, and provides for specified wage increases for in-home respite agencies and staff providing incidental medical services.

Require the department and the State Department of Health Care Services, jointly, to seek a Medi-Cal program state plan amendment from the federal government to expand federal financial participation for services to persons with developmental disabilities provided by regional centers.

Existing law requires the Director of Developmental Services to establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and authorizes the director to promulgate implementing regulations. New provision, effective July 1, 2009, prohibits regional centers from compensating designated nonresidential service programs for providing any service to a consumer on any of a list of holidays specified in the bill, with the department authorized to adjust these holidays through a program directive.

Requires the department to provide information to the Assembly Committee on Budget and Senate Committee on Budget and Fiscal Review during budget hearings for the 2010–11 fiscal year about the effect on the developmental service system of the specific cost containment measures implemented to achieve designated General Fund reductions for the 2009–10 fiscal year pursuant to a specified item of the Budget Act of
2009. Also requires the department to continue to convene, as appropriate, a stakeholder review process to obtain information and comments about implementation of these cost containment measures and their effect on the developmental service system. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/abx4_9_bill_20090728_chaptered.pdf
Title: A.B. 9D
Source: www.leginfo.ca.gov

TXSigned into law 06/2009P-12Defines "children with special needs" as children younger than 22 diagnosed with a chronic illness, intellectual or other developmental disability, or serious mental illness. Creates the Interagency Task Force for Children with Special Needs to improve the coordination, quality and efficiency of services for children and youth with special needs. Directs the task force, among other duties, to:
(1) Develop a coordinated strategic plan for improving service delivery for such children
(2) Coordinate with federal agencies to compile a list of opportunities to increase flexible funding for services for special needs children, including alternative funding sources and service delivery options
(3) Perform a needs assessment, including public hearings to identify service delivery gaps, system entry points and service obstacles.

Specifies actions the task force must take in the development of the strategic plan. Requires task force's strategic plan to provide recommendations to achieve specified goals, including improving families' ability to navigate the system through improved coordination between service providers and increased outreach. Directs the task force to submit a biennial report to the governor, lieutenant governor and speaker of the house, documenting each participating agency's progress in accomplishing the goals set forth in the legislation. Specifies additional content the report must include. Establishes September 2015 sunset provision. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/SB01824F.pdf
Title: S.B. 1824
Source: www.legis.state.tx.us

FLAdopted 02/2009P-12Amends rule to add certification in elementary education grade K-6 as an appropriate base coverage for certification in the pre-k disabilities endorsement. The effect
is more flexibility for certification for teachers who want to serve the prekindergarten level of exceptional students. https://www.flrules.org/gateway/ruleNo.asp?ID=6A-4.01792
Title: FAC 6A-4.01792
Source: https://www.flrules.org

+ 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
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+ 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
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+ Promising Practices
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+ Public Involvement
+ Reading/Literacy
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+ Religion
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+ Rural
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+ Scheduling/School Calendar--Summer School
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+ 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
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+ Students
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+ Students--Employment
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+ Students--Records/Rights
+ Teaching Quality
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+ Teaching Quality--Certification and Licensure--Alternative
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+ Teaching Quality--Certification and Licensure--Highly Qualified Teachers
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+ 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