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
+ 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
ARAdopted 12/2009Postsec.
Community College
Defines terms used in the Arkansas Acedemic Challengs Scholarship Program and requirements for student participation. Requires Director of Department of higher education to report annually on implementation of lottery scholarships. Defines award for two- and four-year colleges.
http://www.arkleg.state.ar.us/assembly/2009/2010F/Acts/Act265.pdf
Title: H.B. 1163/S.B. 126
Source:

TXAdopted 11/2009Postsec.Texas Educ. Code § 61.086 directs the higher education coordinating board to develop and annually update a uniform strategy to identify, attract, retain and enroll students that reflect the population of this state, and for institutions of higher education to implement the uniform strategy and report annually on the manner in which the strategy has been implemented.

New rule implements the Uniform Recruitment and Retention Strategy for Texas public institutions of higher education. Requires the board to evaluate the effectiveness of the Uniform Recruitment and Retention Strategy plans on a statewide basis and with respect to each institution based on how the plan will address the state's master plan for higher education, Closing the Gaps by 2015 (http://www.thecb.state.tx.us/index.cfm?objectid=858D2E7C-F5C8-97E9-0CDEB3037C1C2CA3). Requires the board to incorporate the Uniform Recruitment and Retention Strategy into:
(1) Standards for new Baccalaureate and Master's Degree Programs
(2) The review of low-producing degree programs
(3) The approval process for doctoral and health-related degree programs
(4) The evaluation methodology for Tuition Revenue Bond Projects
(5) The review and evaluation of request for proposals and request for applications from institutions of higher education.

Requires annual institution reports to the coordinating board on participation in higher education to include:
(1) Student performance/success data
(2) Student participation data
(3) Information relating to the costs of the program and funding source, and number of students served
(4) The academic progress made by students as well as other outcomes related to Closing the Gaps by 2015.

Directs institutions to collect data and evaluate success based on the following elements and connect them to the accelerated targets for Closing the Gaps by 2015: (A) Partnership with high-need, low-college going rate public schools; (B) Pre-college academic outreach; (C) Application assistance; (D) Financial aid assistance; (E) Academic support programs; (F) Tutoring/mentoring programs; (G) Academic advising; and
(H) Early Alert Systems that include academic support for at-risk students.

Provides that the coordinating board reserves the right to audit any program reported as a part of the Uniform Recruitment and Retention Strategy. Defines "noncompliance" with any Closing the Gaps by 2015 reporting requirements, including the Uniform Recruitment and Retention Strategy. Directs the coordinating board to withhold program approvals, all coordinating board grant funding, and up to 22 points in the Tuition Revenue Bond approval process for any noncompliant institution.

--Sections 4.240 -4.244 are adopted without changes as published in the August 7, 2009, issue of the Texas Register (see pp 15-17 of 100: http://www.sos.state.tx.us/texreg/pdf/backview/0807/0807prop.pdf).
--§4.245 is adopted with changes to the proposed text (for text as adopted, see p 10 of 28 http://www.sos.state.tx.us/texreg/pdf/backview/1120/1120adop.pdf)


Title: 19 TAC 1.4.O.4.240 -.245
Source: www.sos.state.tx.us

CASigned into law 10/2009P-12
Postsec.
Community College
Expresses legislative intent to refine higher education reporting requirements to provide for more effective, manageable and transparent reporting by the higher education segments.

Requests that the University of California notify each high school's governing board of (1) the number of graduates who enrolled in the university in the previous year and the number of graduates who were required to take the entry level writing requirement and (2) the comparable numbers of all California high school graduates who enrolled in the university. Requests that the university of California report such information to the department of finance and the joint legislative budget committee. Establishes legislative intent that California State University (CSU) assess and report the entry-level proficiency of all first-time freshmen. Requires the CSU system to annually report to the legislature, by campus:
(1) The total number of regularly admitted and specially admitted first-time freshmen
(2) The proportion of regularly admitted and specially admitted first-time freshmen that are exempt from entry-level proficiency exams
(3) The proportion of regularly admitted and specially admitted first-time freshmen that become exempt through each of the approved alternatives
(4) The entry-level proficiency exam pass rates of regularly admitted and specially admitted first-time freshmen.

Directs the California State University to and requests that the University of California report annually to the legislature on specified components of their institutional financial aid programs for undergraduate, graduate and professional degree students, including the typical financial aid package for a typical dependent undergraduate student with a parent income of $20,000, $40,000, $60,000, $80,000 and $100,000.

Amends Section 66057 by establishing legislative intent that the University of California and the California State University accommodate enrollment growth by maximizing the utilization of existing instructional facilities during the summer term before building new classrooms and teaching laboratories. Also establishes legislative intent that the University of California and the California State University make requests for capital outlay funding for space for classrooms and class laboratories justified using legislatively approved utilization standards and a reasonable assumption of summer-term enrollment. Adds provisions related to five-year capital outlay for UC and CSU systems. Requests that the University of California and requires that California State University report annually to the legislature on summer enrollment counts and on efforts undertaken to increase summer enrollment.

Repeals 66352, "Task force on instruction in business ethics." Eliminates provision in 67312(b) that the California State University must and the University of California system may report on its efforts to serve students with disabilities (requirement that California Community Colleges submit such reports remains in place).

Adds Section 67501, which directs the California State University and California Community Colleges, and permits the University of California, to annually submit to the legislature a comprehensive five-year capital outlay plan that includes specifeid components. Requires five-year plans to be updated annually.

Adds Section 67502, which requests that the the Regents of the University of California provide the joint legislative budget committee and the department of finance with a summary of all instructional and research space in the university system. Specifies elements the summary must address. Requires the California State University to provide the joint legislative budget committee and the department of finance with a summary of all instructional and faculty office space in the university system.

Adds Section 67503, which requests that the Regents of the University of California, and requires California Community Colleges and the California State University, to annually report on the utilization of classrooms and teaching laboratories.

Adds Section 67504, which relates to the Long Range Development Plans (LRDPs) that each University of California campus and medical center periodically develops to guide physical development.

Repeals 71020, requiring the California Community Colleges Board of Governors every three years to develop and submit a diversity paper concerning its own membership.

Adds 92611.9, establishing legislative intent that the University of California carefully monitor the use and effects of the contracting of services at newly developed facilities. Requests that the UC system annually report to the fiscal committees of the legislature on specified provisions related to hiring and contracting.

Adds Chapter 10.5. University of California-Mexico Research Programs and Section 92830 under that chapter, requesting the University of California to report annually until 2013 to the legislature on specified components regarding the facility for University of California-Mexico research and academic programs in Mexico City. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1151-1200/ab_1182_bill_20091011_chaptered.pdf
Title: A.B. 1182
Source: www.leginfo.ca.gov

ORChaptered. Chapter No. 906 08/2009Postsec.Relates to the use of lottery bonds on a specified river channel deepening project, for higher education capital construction, deferred maintenance, code compliance and safety projects, to provide financial assistance to aid in acquisition, renovation, or maintenance of section 8 housing, to provide assistance in acquiring manufactured dwelling parks, and for water conservation, reuse or storage projects; establishes funds for these and other purposes. Chapter 906
http://www.leg.state.or.us/09reg/measpdf/sb5500.dir/sb5535.en.pdf
Title: S.B. 5535
Source: http://www.leg.state.or.us/

CASigned into law 07/2009P-12
Postsec.
Provides that no automatic increases will be provided to the University of California, California State University or to state agency operations, including, but not limited to, annual price increases to state
departments and agencies. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/abx4_12_bill_20090728_chaptered.pdf
Title: A.B. 12D - Section 6
Source: www.leginfo.ca.gov

OHSigned into law 07/2009Postsec.Section 371.20.95 (A): In FY 2010, directs the chancellor of the board of regents, in consultation with representatives of state colleges and universities, to conduct a study to identify the socioeconomic, demographic, academic, personal and other factors that identify a student as being "at-risk" of academic failure, and recommend how these factors may be used to determine funding allocations after FY 2010. Requires the study to be completed by April 15, 2010. Authorizes the chancellor to use the results of the study to recommend additional weights to be used in determining the FY 2011 State Share of Instruction allocations. Requires the chancellor to report any such formula changes to the Controlling Board by August 30, 2010.
Page 2955 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 371.20.95(A)
Source: www.legislature.state.oh.us

OHSigned into law 07/2009Postsec.Directs each state-assisted institution of higher education to demonstrate at least a 3% savings through internal efficiencies in each fiscal year. Requires institutions to identify savings to the chancellor of the board of regents, who must certify the amount of each institution's savings. Page 2969 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 371.70.10
Source: www.legislature.state.oh.us

OHSigned into law 07/2009Community College
Postsec.
Section 371.20.95(C): Directs the chancellor, in consultation with representatives of state community colleges, to conduct a study on the use of "success points" in allocating appropriations to community colleges in FY 2011. Requires the study to identify "success points" in the academic career of community college students and recommend a method to fund achievement of the success points beginning in FY 2011. Requires that the study be completed by April 15, 2010, and directs the chancellor to use the results of the study to recommend changes in the determination of the distribution of community college allocations beginning in FY 2011. Requires the chancellor to report any such formula changes to the Controlling Board by August 30, 2010.

Section 371.20.80(D)(1): Requires 5% of the FY 2011 appropriation for state-supported community colleges, state community colleges and technical colleges to be allocated to colleges in proportion to their share of college student success factors. Specifies that for this purpose, "student success factors" must include all measurable student outcomes that contribute to student achievement as determined by the chancellor of the board of regents, based on the recommendation of the aforementioned consultation. Pages 2947-2948 and 2956 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 371.20.95(C) and 371.20.80(D)(1)
Source: www.legislature.state.oh.us

OHSigned into law 07/2009Postsec.[OF NOTE: Section 371.20.80(D)(5): Of specified postsecondary appropriation items, requires 5% of the FY 2010 appropriation and 10% of the FY 2011 appropriation for university main campuses to be reserved for support of associate, baccalaureate, master's and professional-level degree attainment. Requires degree attainment funding to be allocated to universities in proportion to each campus's share of the total statewide degrees granted, weighted by the cost of the degree programs. Specifies the count of degrees and degree costs the chancellor must use in calculating the subsidy entitlements for degree attainment at university main campuses. In calculating each campus's count of degrees, requires the chancellor to use the three-year average associate, baccalaureate, master's and professional degrees awarded for the three-year period beginning in the prior year. Requires that an additional weight be added to certain associate degrees and all bachelor degrees earned by a student eligible to receive Ohio need-based financial aid.]

Section 371.20.80(D)(6): Establishes method for determining each campus's state share of instruction base formula earnings.

Section 371.20.80(D)(7): Relates to the facility-based plant operations and maintenance (POM) subsidy.

Section 371.20.80(D)(8): Guarantees each campus, in FY 2010, 99%, and in FY 2011 98%, of its previous year's combined state share of instruction, access challenge, and success challenge amounts.

Section 371.20.80(D)(9): Requires that the state share of instruction earnings be reduced for each campus by the amount (if any) the campus's debt service charged exceeds that campus's capital component earnings.

Section 371.20.80(E): Allows adjustments to be made to the state share of instructional payments distributed by the chancellor to state-assisted colleges and universities for exceptional circumstances. Provides no adjustments may be made without the chancellor's recommendation and the approval of the Controlling Board.

Section 371.20.80(G): Requires the state share of instruction payments to institutions to be made in substantially equal payments during the fiscal year, unless otherwise determined by the director of budget and management. Pages 2949-2952 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 371.20.80(D)(5), (6), (7), (8), (9), Section 371.20.80(E), (G)
Source: www.legislature.state.oh.us

OHSigned into law 07/2009Postsec.Section 371.20.95(B): Directs the chancellor, in consultation with representatives of state universities, to conduct a study on the effectiveness and appropriateness of funding for doctoral programs through the doctoral set-aside as allocated in H.B. 1. Provides the study may examine alternative funding methodologies to improve the alignment between university doctoral programs and the goals of the strategic plan for the University System of Ohio. Requires that the study be completed by April 15, 2010. Authorizes the chancellor to use the results of the study to recomend changes in the determination of the distribution of the doctoral set-aside beginning in FY 2011. Requires the chancellor to report any such formula changes to the Controlling Board by August 30, 2010.

Section 371.20.80(D)(2): Requires up to 12.89% of the appropriation for university main campuses in the 2010 and 2011 fiscal years to be reserved for support of doctoral programs to implement the funding recommendations made by representatives of the universities (to be referred to as the "doctoral set-aside).

Requires 90% of the FY 2010 and 80% of the FY 2011 doctoral set-aside to be allocated to universities in proportion to their share of the total number of Doctoral I equivalent FTEs as calculated on an institutional basis, using a frame of reference specified in H.B. 1. Requires 5% of the FY 2010 and 10% of the FY 2011 doctoral set-aside to be allocated to universities in proportion to each campus's share of the total statewide doctoral degrees, weighted by the cost of the doctoral discipline. Requires the chancellor, in calculating each campus's doctoral degrees, to use the three-year average of doctoral degrees awarded for the three-year period ending in the prior year. Requires 2.5% of the FY 2010 and 5% of the FY 2011 doctoral set-aside to be allocated to universities in proportion to their share of research grant activity, using National Science Foundation data. Requires grant awards from the National Health Institute to be weighted at 50%. Requires 2.5% of the FY 2010 and 5% of the FY 2011 doctoral set-aside to be allocated to universities based on other quality measures that contribute to the advancement of the chancellor's strategic plan; requires the chancellor to identify these other quality measures in consultation with universities. Pages 2955-2956 and 2948-2949 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 371.20.95(B) and 371.20.80(D)(2)
Source: www.legislature.state.oh.us

OHSigned into law 07/2009Postsec.
Community College
Directs the boards of trustees of state-assisted institutions of higher education to restrain increases in in-state undergraduate instructional and general fees, and bars any state-assisted institution from increasing in-state undergraduate instructional and general fees more than 3.5% from the previous year in FY 2010 and 2011. Directs the chancellor, after making specified computations for FY 2011, to make reductions totalling $20,000,000 to the amounts computed for state-assisted university branch campuses, community and state community colleges, and technical colleges, and then to make additional reductions totaling $170,000,000 to the amounts computed for all campuses, made proportionately to the allocations originally computed for the three sectors of (1) university main campuses, (2) university branch campuses, and (3) community colleges, state community colleges and technical colleges. Requires that within each sector, each campus's allocation be reduced proportionately, but allows the chancellor, in consultation with representatives of state-assisted institutions of higher education, to establish a percentage below which no campus's allocation is to fall when compared with the campus's payment in the preceding year, and proportionally reduce the allocations to all other campuses to support that percentage. Pages 2953-2955 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 371.20.90
Source: www.legislature.state.oh.us

ILSigned into law 06/2009Postsec.Creates the State University Certificates of Participation Act. Authorizes the board of any state university to enter into financing agreements to finance capital improvements by selling certificates of participation in the installment payments made under such agreements. Establishes provisions regarding approval of proposals prior to issuance of any certificate of participation. Establishes debt limits for each state university. Specifies that the 10-year limit on the duration of state contracts and leases is inclusive of proposed renewals. Prohibits holdover leases of a specified duration. http://www.ilga.gov/legislation/96/HB/PDF/09600HB1200lv.pdf
Title: H.B. 1200
Source: www.ilga.gov/legislation

MOVetoed 06/2009Postsec.Appropriates money for the expenses, grants, refunds, and distributions of the Department of Higher Education.
http://www.house.mo.gov/content.aspx?info=/bills091/bills/HB3.htm
Title: H.B. 3
Source: http://www.house.mo.gov/

ORSigned into law 06/2009Community College
Postsec.
Allows Blue Mountain Community College District, Columbia Gorge Community College District, Southwestern Oregon Community College District, and Rogue Community College District to incur bonded indebtedness for benefit of districts upon approval of voters in district. Chapter 577
http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3116.en.pdf
Title: H.B. 3116
Source: http://www.leg.state.or.us/

ORSigned into law 06/2009Postsec.Changes the name of the Department of Higher Education to the Oregon University System; consolidates the majority of funds and accounts of the State Board of Higher Education into a single fund; establishes the Oregon University System Fund for the purpose of receiving funds. Chapter 762.
http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2208.en.pdf
Title: H.B. 2208
Source: http://www.leg.state.or.us

TXSigned into law 06/2009P-12
Postsec.
Community College
Establishes the Jobs and Education for Texans (JET) grant program and fund to award grants to public junior colleges and public technical institutes, and to eligible nonprofit organizations to:
(1) Develop or support nonprofit organizations' programs that prepare low-income students for careers in high-demand occupations. Eligible programs must help students prepare for, apply to and enroll in a public junior college/technical institute, provide matching funds, and demonstrate that they have achieved or will achieve above average developmental course completion rates, persistence rates, and 3-year degree or certificate completion rates among participating students.
(2) Defray the start-up costs of new career and technical education programs in high-demand occupations
(3) Provide scholarships for students who demonstrate financial need and who are enrolled in training programs for high-demand occupations.

In awarding grants to public junior colleges and public technical institutes for the development of new career and technical education courses or programs, provides the comptroller may consider whether the course or program offers new or expanded dual credit career and technical educational opportunities in public high schools.

Directs the comptroller to conduct a study of the feasibility of basing part of all public postsecondary technical training program funding on the program's economic benefit to the state, and of estimating the additional tax revenue from employers generated by the ability of public junior colleges/technical institutes/state colleges to prepare students for employment fields for which there is employer demand. Requires the comptroller to report to the lieutenant governor and speaker of the house by January 2011 for legislative action based on the results of the study.

Defines "green jobs" as jobs in the field of renewable energy or energy efficiency. Establishes the Green Job Skills Development Fund and Training Program to support the implementation and expansion of green job skills training programs. Specifies that an eligible training program must be hosted by a regional partnership designed to implement training programs that lead trainees to economic self-sufficiency and career pathways. Requires regional partnerships to include at a minimum a postsecondary institution; chamber of commerce, local workforce agency, local employer, or other public or private participating entity; economic development authority; and community or faith-based nonprofit organization that works with one or more targeted populations.

Specifies criteria that eligible green job skills training programs must meet. Requires programs receiving grants to target specified groups of individuals for training, including low-income workers, unemployed youth and adults, individuals who did not complete high school, or other underserved sectors of the workforce in high poverty areas. Provides that a training program may use grant funds for support services, including basic skills, literacy, GED, English as a second language, and job readiness training, career guidance, and referral services. Establishes grant application procedures. Specifies training programs the comptroller must give preference to, and requires 20% of funds to be reserved for job skill training programs that serve the unemployed and those with incomes at or below 200% of the poverty level. Establishes grantee reporting requirements, and requires the comptroller to report biennially on submitted information to the governor, lieutenant governor and speaker of the house. Directs the comptroller to adopt standards for a green job skills training program awarded a grant.
H.B. 1935: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB01935F.pdf
H.B. 3 (pages 169-174): http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf
Title: H.B. 1935 and H.B. 3, Section 64
Source: www.legis.state.tx.us

TXVetoed 06/2009Postsec.From Bill Analysis (http://www.legis.state.tx.us/tlodocs/81R/analysis/pdf/SB01343F.pdf):
Students in a four-year institution are required to have 120 credit hours in order to receive their degree. Currently, there is a "30-hour rule" that allows students to take up to 30 extra hours before graduating without being penalized with out-of-state tuition rates. This rule exempts students who have previously earned a baccalaureate degree, allowing them to complete a second degree with possibly more than 150 hours on their transcript. The rule does not, however, exempt students who have previously earned an associate degree, about 66 hours of transferrable coursework.

In Texas, there are 29 Early College high schools and many programs around the state that allow high school students to graduate with an associate degree along with their high school diploma. When these students transfer to a four-year institution, their 66 associate degree hours transfer either toward their baccalaureate degree or as elective hours, depending on the university. Normally, about half of the hours are counted as elective hours, putting students over the 30-extra hours they are allowed to take before being penalized with higher tuition rates by the time they reach junior or senior status.

The purpose of this bill is to add students with associate degrees to the list of exemptions in order for them to be able to continue to four-year institutions without worrying about higher tuition rates toward the end of their college careers.

S.B. 1343 relates to the formula funding for public institutions of higher education for certain credit hours that do not count toward a degree.
Bill text: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/SB01343F.pdf
Governor's veto message: http://www.lrl.state.tx.us/scanned/vetoes/81/sb1343.pdf#navpanes=0
Title: S.B. 1343
Source: www.legis.state.tx.us

TXSigned into law 06/2009Postsec.Section 5: Directs the higher education coordinating board biennially to determine the appropriate amount for funding the program in Section 61.0596 (see below, "University Funding for Excellence in Specific Programs and Fields; Incentive Grants") in the next fiscal biennium, and to make recommendations to the governor and the legislative budget board for funding those programs in that biennium.

Section 6: Creates Section 61.0596, "University Funding for Excellence in Specific Programs and Fields; Incentive Grants". Provides that the section is to help general academic teaching institutions that are not categorized as "research universities" or "emerging research universities" in the state system to develop and maintain specific programs or fields of study of the highest national rank or recognition for that type of program or field. To that end, directs the higher education coordinating board to award incentive grants to general academic teaching institutions that the board considers to have demonstrated the greatest commitment to success in developing or improving the quality of the institution's existing degree program. Requires institutions to use such grants for faculty recruitment or other faculty support for the degree program for which the grant is awarded, including establishment of endowed faculty positions or enhancement of faculty compensation. Specifies that an institution may designate only one degree program at a time for consideration for new incentive grant funding. Directs the higher education coordinating board to set a series of benchmarks for each degree program designated by an institution. Provides the institution becomes eligible for incentive grant funding for each benchmark the board determines the institution to have met. Provides that in addition to supporting programs designated to receive incentive grants, the board must provide additional funds as the board deems appropriate to help general academic teaching institutions maintain the excellence of programs or fields of study that have achieved the highest national ranking or recognition for that type of program or field. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00051F.pdf
Title: H.B. 51 - Section 5 and 6
Source: www.legis.state.tx.us

TXSigned into law 06/2009Postsec.Adds Subchapters C, D, F and G to Chapter 62 of the Education Code.

Subchapter C creates the "Research University Development Fund" to provide research universities and emerging research universities with funding to recruit and retain highly qualified faculty and enhance research productivity at those universities. For each state fiscal year, directs the higher education coordinating board to distribute any funds legislatively appropriated for this purpose (and any other funds available for this purpose) to research universities and/or emerging research universities based on the average amount of total research funds expended by each institution annually during the three most recent state fiscal years, according to rates based on the average annual amount of research funds expended by the institution.

Subchapter D creates "Performance Incentive Funding". Defines "critical field" to include (1) engineering, computer science, math, physical science, allied health, nursing, or teacher certification in science or math and (2) any other field of study identified as a critical field by the coordinating board in "Closing the Gaps," the state's master plan for higher education. Defines "at-risk student" as an undergraduate student at a general academic teaching institution other than a public state college who meets any of the following criteria:
(1) Whose SAT or ACT score is less than the national mean score
(2) Who has been awarded a Pell Grant
(3) Who was at least 20 years old on the date of initial enrollment in the institution
(4) Who is enrolled as a part-time student
(5) Who did not receive a high school diploma but received a high school equivalency certificate within the last 6 years.

For each state fiscal year, directs the higher education coordinating board to distribute any legislatively appropriated performance incentive funds (and any other funds available for this purpose) to general academic teaching institutions according to a formula established in legislation and based on degrees awarded to at-risk and not at-risk students in critical fields and noncritical fields, with degrees awarded in noncritical fields/to not at-risk students receiving the lowest weight, degrees awarded in noncritical fields/ to at-risk students and in critical fields/ to not at-risk student receiving additional weight, and degrees awarded in critical fields to at-risk students receiving the highest weight.

Subchapter F creates the "Texas Research Incentive Program" (TRIP). Directs the higher education coordinating board to develop and administer the Texas Research Incentive Program (TRIP), to provide matching funds to help emerging research universities leverage private gifts to enhance research productivity and faculty recruitment. Establishes a formula for the state to provide matching grants to emerging research universities that receive private gifts or endowments aimed at enhancing research activities at the institution, including a gift or endowment for endowed chairs, professorships, facilities, equipment, program costs, or graduate stipends or fellowships. Identifies circumstances under which an eligible institution is not entitled to matching funds under the program. Provides that in the event of insufficient funds to provide matching grants to all eligible institutions, matching grants must be awarded in order of the date on which their receipt is certified by the coordinating board.

Subchapter G creates the "National Research University Fund". Authorizes a general academic teaching institution to receive a distribution of money from the fund for each year of a state fiscal biennium if the institution meets specified criteria. Provides that a general academic teaching institution that becomes eligible to receive a distribution of money remains eligible to receive a distribution in each subsequent state
fiscal year. Directs the coordinating board to report to the legislature in each even-numbered year certain information to be used to determine which institutions are initially eligible for distributions of money from the fund. Specifies that the University of Texas at Austin and Texas A&M University are ineligible to receive National Research University Fund monies. Directs the amount to be allocated to eligible institutions in each fiscal year to be based on an equitable formula adopted by the legislature. Specifies that monies received from the fund may be used only to (1) Provide faculty support and pay faculty salaries; (2) Purchase equipment or library materials; (3) Pay graduate stipends; and (4) Support research performed at the institution, including undergraduate research.
Pages 17-28 of 36: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00051F.pdf
Higher Education Coordinating Board summary of H.B. 51: http://www.thecb.state.tx.us/index.cfm?objectid=3AEE7B8C-C9A0-F730-737CF4D01A404487#Research University Development Fund (RUDF)
Title: H.B. 51 - Section 12 and 13
Source: www.legis.state.tx.us

TXSigned into law 06/2009Postsec.Directs the higher education coordinating board to study and make recommendations on the appropriate definitions and categories of research expenditures to be applied in determining an institution's eligibility for and distributions from the Research University Development Fund (created in this bill, starting page 17 of 36). By December 2010, directs the coordinating board to to report its study and deliver its recommendations to the governor, lieutenant governor, and specified legislative leaders. Page 32-33 of 36: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00051F.pdf
Title: H.B. 51 - Section 19
Source: www.legis.state.tx.us

NESigned into law 05/2009Postsec.Allows any business firm which makes expenditures in research and experimental activities as defined in section 174 of the Internal Revenue Code of 1986, as amended, on the campus of a college or university in this state or at a facility owned by a college or university in this state shall be allowed a research tax credit as provided in the Nebraska Advantage Research and Development Act. Requires that the credit amount equal 35% of the federal credit allowed under federal tax code or as apportioned by the state. Requires that the credit be allowed for the first tax year it is claimed and for the four tax years immediately following.
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Final/LB555.pdf
Title: L.B. 555
Source: http://www.nebraskalegislature.gov/

OKSigned into law 05/2009Postsec.Authorizes the Oklahoma State Regents for Higher Education to expend from the Education Stabilization component of the American Recovery and Reinvestment Act Fund the sum of Sixty-eight Million Seven Hundred Ninety-two Thousand Four Hundred Seventy-seven Dollars ($68,792,477.00) or so much thereof as may be necessary for the allocation by the Oklahoma State Regents for Higher Education pursuant to the provisions of Article XIII-A of the Oklahoma Constitution for the education and general operation budgets of the institutions and for other programs, construction, renovations or repairs administered by the Oklahoma State Regents for Higher Education.
http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB69_ENR.RTF
Title: S.B. 69
Source: http://webserver1.lsb.state.ok.us

WASigned into law 05/2009Postsec.Requires the University of Washington to disclose the names and commitment amounts of the private funds in which it is invested and the aggregate quarterly performance results in its portfolio of investments in such funds; exempts certain finance and commercial information submitted by the university when the information relates to investments in private funds, if the release of information would reasonably be expected to result in a loss to the endowment fund or to the information providers. Chapter 394
http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202009/1640.SL.pdf
Title: H.B. 1640
Source: http://apps.leg.wa.gov

ARSigned into law 03/2009Postsec.
Community College
Limits the amount of unrestricted educational and general tuition and fee income a state-supported institution of higher education can spend on academic and performance scholarships.
http://www.arkleg.state.ar.us/assembly/2009/R/Bills/SB316.pdf
Title: S.B. 316
Source: http://www.arkleg.state.ar.us

ILSigned into law 03/2009Community College
Postsec.
Revises provisions of the Public Community College Act regarding violations by members of related boards. Provides that fees to cover the cost of an application under the Private College Act must be deposited into the Private College Academic Quality Assurance Fund. Provides that fees to cover the cost of reviewing application under the Academic Degree Act must be deposited into the Academic Quality Assurance Fund.
Title: S.B. 2603
Source: Lexis-Nexis/StateNet

SDSigned into law 03/2009Postsec.Increases expenditure authority previously granted to the Board of Regents; designates circumstances in which such authority may be used; appropriates funds.
http://legis.state.sd.us/sessions/2009/Bills/HB1074ENR.pdf
Title: H.B. 1074
Source: http://legis.state.sd.us

SDSigned into law 03/2009Community College
Postsec.
Appropriates funds to the postsecondary technical institutes for program enhancement; requires reporting on funds received.
http://legis.state.sd.us/sessions/2009/Bills/SB117ENR.pdf
Title: S.B. 117
Source: http://legis.state.sd.us

WYSigned into law 02/2009Postsec.Relates to higher education matching funds programs; modifies time limitations for eligible donations; eliminates the stated donation period for matching funds eligibility; repeals provisions for reversion of funds; repeals executed provisions. Chapter 52
http://legisweb.state.wy.us/2009/Enroll/HB0155.pdf
Title: H.B. 155
Source: http://legisweb.state.wy.us

CAVetoed 01/2009P-12
Postsec.
Relates to sufficient textbook requirements, county superintendent revenue limits, school district building maintenance funding, funding for school and community college districts, pupil retention block grants, charter school block grants, pupil oral health assessments, local agency program improvement under the No Child Left Behind program, the High Priority Schools Grant Program, funding for regional occupational centers and programs, school transportation funds, and local education agency budgets.
Title: A.B. 4A
Source: Lexis-Nexis/StateNet

+ 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