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
+ 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
WISigned into law 11/2009P-12Current law directs school districts to administer certain standardized examinations to pupils enrolled in the 4th, 8th, and 10th grades. Current law prohibits the school board from using the results of the examinations to evaluate teacher performance, to discharge, suspend, or formally discipline a teacher; or as the reason for the nonrenewal of a teacher's contract. 2009 Wisconsin Act 60 allows the results of the state required standardized examinations and the standardized examinations required under the federal No Child Left Behind Act to be used for the evaluation of teacher performance if certain conditions are met. In order to use the results, the school board must develop a teacher evaluation plan that includes a description of the evaluation process, multiple criteria in addition to examination results, the rationale for using examination results for evaluating teachers, and an explanation of how the school board intends to use the evaluations to improve pupil academic achievement. Act 60 also requires a school district to bargain collectively over the development of or any changes to the teacher evaluation plan.
http://www.legis.state.wi.us/2009/data/SB-372.pdf
Title: S.B. 372
Source: Legislative Council Act Memo

ILSigned into law 07/2009P-12
Postsec.
Creates the P-20 Longitudinal Education Data System Act. Requires the state board of education, the community college board, and the board of higher education to jointly establish and maintain a longitudinal data system by entering into one or more agreements that link early learning and K-12 student unit records with institution of higher learning student unit records. Identifies the types of data each entity is responsible for collecting and maintaining.

Requires the entities, by June 30, 2013, to improve and expand the longitudinal data system to enable all three entities to:
(1) Reduce the data collection burden on school districts and postsecondary institutions
(2) Provide authorized officials of early learning programs, schools and districts, and institutions of higher learning with access to their own student-level data and summary reports to inform decisionmaking
(3) Link data to instructional management tools that support instruction and assist collaboration among teachers and postsecondary instructors
(4) Enhance existing high school-to-postsecondary reporting systems to inform school
and district officials, education policymakers, and members of the public about public school students' performance in postsecondary education
(5) Provide data reporting, analysis, and planning tools that assist with financial oversight, human resource management and other support functions
(6) Improve student access to educational opportunities by linking data to college and career planning portals, facilitating the submission of electronic transcripts and scholarship and financial aid applications, and transfer of student records to K-12 and postsecondary officials
(7) Establish a public Internet web interface that provides non-confidential data reports and permits members of the public to more easily access information on school performance
(8) Provide the general assembly with research to help legislators evaluate the effectiveness of specific programs and analyze educational performance within their legislative districts
(9) Allow the three entities to meet federal and state reporting requirements
(10) Establish a system to evaluate teacher and administrator preparation programs using student academic growth as one component of evaluation
(11) In accordance with a data sharing agreement entered into between the three entities and the Illinois Student Assistance Commission, establish procedures and systems to evaluate the relationship between need-based financial aid and postsecondary enrollment and success
(12) In accordance with data sharing agreements entered into between the three entities and health and human service agencies, establish procedures and systems to evaluate the relationship between education and other student and family support systems
(13) In accordance with data sharing agreements entered into between the three entities and employment and workforce development agencies, establish procedures and systems to evaluate the relationship between education programs and outcomes and employment fields, employment locations and employment outcomes.

Directs the state board, in collaboration with the other two entities and subject to the availability of funding, to establish by June 30, 2013 a data warehouse that integrates data from multiple student unit record systems and supports all of the uses and functions set forth in the Act. Specifies that the data warehouse must include:
(1) A unique student identifier not derived from a student's social security number
(2) Student-level enrollment, demographic, and program participation information, including information on participation in dual credit programs
(3) The ability to match individual students' K-12 test records from year to year to measure academic growth
(4) Information on untested K-12 students, and the reasons they were not tested
(5) A teacher and administrator identifier system with the ability to match students to early learning and K-12 teachers and administrators. Provides that a district may not use such data for teacher pay or benefits decisions unless the district and the exclusive bargaining representative of the district's teachers, if any, have agreed to this use. Also bars districts from using such data for evaluation decisions unless, in good faith cooperation with the district's teachers or, where applicable, the exclusive bargaining representative of the district's teachers, the district has developed an evaluation plan that specifically describes the district's rationale for using this information for evaluations, how this information will be used as part of the evaluation process, and how this information will relate to evaluation standards. Provides that nothing limits a charter school's use of any local or state data in connection with teacher pay, benefits or evaluations.
(6) Student-level transcript information, including information on middle and high school courses completed and grades earned. Requires the state board to establish a statewide course classification system, and for all districts and charter schools to map its course descriptions to the statewide course classification system for purposes of state reporting.
(7) Student-level college readiness test scores
(8) Student-level graduation and dropout data
(9) The ability to match P-12 student unit records with institution of higher learning student unit record systems
(10) A state data audit system assessing data quality, validity and reliability.

Identifies additional purposes for which the three entities may use data provided to and maintained by the longitudinal data system. Requires the entities, in the development of the data system, to convene stakeholders and create opportunities for input in the areas of data ownership and use, research priorities, data management, confidentiality, data access and reporting. Requires representatives of the entities to report to and advise the Illinois P-20 Council on the implementation, operation, and expansion of the longitudinal data system. Requires the state board to collect data from charter schools with more than one campus in a manner that can be disaggregated by campus site. Requires the state board to establish procedures through which state-recognized, nonpublic schools may elect to disclose data to the state board for inclusion in the longitudinal data system. Provides that beginning on July 1, 2012, the board of higher education is authorized to collect and maintain data from any nonpublic institution of higher learning enrolling students receiving Monetary Award Program grants, and disclose this data to the longitudinal data system. Authorizes the board of higher education to contract with one or more voluntary consortiums of nonpublic institutions of higher learning established for the purpose of data sharing, research and analysis. Requires the entities to establish data submission procedures and requirements. Establishes provisions related to data sharing. Authorizes any state agency, board, authority or commission to enter into a data sharing arrangement with one or more of the three entities to share data to support the research and evaluation activities authorized by this Act. Also authorizes the entities to enter into data sharing arrangements with other governmental entities, institutions of higher learning, and research organizations that support the research and evaluation activities authorized by this Act. Establishes criteria that data sharing agreements must meet.

Subject to the availability of funding, requires the three entities to contract with an independent outside evaluator for oversight of the development and operation of the longitudinal data system. Requires the evaluator to submit an annual report to the three entities, the Illinois P-20 Council, and specified legislative leaders. Specifies areas that must be included in the annual evaluation. http://www.ilga.gov/legislation/96/SB/PDF/09600SB1828lv.pdf
Title: S.B. 1828
Source: www.ilga.gov/legislation

NCSigned into law 07/2009P-12Modifies the hearing process applicable to probationary teachers by providing the teacher a right to notice and hearing prior to the
board's vote on whether to grant the teacher career status; requires the superintendent to provide written notice to a probationary teacher no
later than May 15 of the superintendent's intent to recommend nonrenewal and the teacher's right, within 10 days of receipt of the superintendent's recommendation, to (i) request and receive written notice of the reasons for the superintendent's recommendation for nonrenewal and the information that the superintendent may share with the board to support the recommendation for nonrenewal; and (ii) request a hearing for those teachers eligible for a hearing under state statute.

Also provides a career teacher right to notice and hearing prior to the board's vote on employment. http://www.ncga.state.nc.us/Sessions/2009/Bills/Senate/PDF/S962v5.pdf
Title: S.B. 962
Source: http://www.ncga.state.nc.us

OHSigned into law 07/2009P-12By December 31, 2010, directs the department of education, in consultation with the educator standards board, to develop a model peer assistance and review program, and to develop recommendations to expand the use of peer assistance and review programs throughout the state. Requires the department, in developing the model program, to review existing peer assistance and review programs in the state and consult with districts about the operation of those programs. Requires the model program to include:
(1) Releasing experienced classroom teachers from instructional duties for up to 3 years to focus full-time on mentoring and evaluating new and underperforming veteran teachers through classroom observations and follow-up meetings
(2) Professional development for new and underperforming teachers targeted at areas of instructional weakness
(3) A committee comprised of representatives of teachers and the employer to review teacher evaluations and make recommendations regarding teachers' continued employment.

Requires recommendations to include:
(1) Identification of barriers to expansion of peer assistance and review programs, including financial constraints, labor-management relationships, and barriers unique to small districts
(2) Legislative changes that would eliminate barriers to expansion of programs
(3) Incentives to increase participation in the programs.

Requires the department to provide copies of its model program and recommendations to the governor and specified legislative leaders. Also requires the department to make the model program and recommendations available to districts and to post them to the department Web site.
Pages 2840-2841 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 265.70.50
Source: www.legislature.state.oh.us

UTSigned into law 03/2009P-12Requires a local school board to develop an educator evaluation program and provide for (1) the evalution of provisional and probationary educators at least twice each school year; (2) the ongoing evaluation of all career educators; and (3) an orientation on the educator evaluation program. Specifies that a local board's educator evaluation program must include the following components:
(1) A reliable and valid evaluation program consistent with generally accepted professional standards for personnel evaluation systems
(2) Systematic evaluation procedures for both provisional and career educators
(3) The use of multiple lines of evidence, such as self-evaluation, student and parent input, peer observation, supervisor observations, evidence of professional growth, student achievement data, and other indicators of instructional improvement
(4) A reasonable number of observation periods for an evaluation to insure adequate reliability
(5) Administration of an educator's evaluation by either the principal or his/her designee, the educator's immediate supervisor, or another person specified in the evaluation program.

Identifies timelines and procedures for individuals responsible for administering an educator's summative evaluation. Provides that an educator who is not satisfied with a summative evaluation may request a review of the evaluation within 30 days after receiving the written evaluation. Provides that if a review is requested, the district superintendent or the superintendent's designee must appoint a person not employed by the district who has expertise in teacher or personnel evaluation to review and make recommendations to the superintendent regarding the teacher's summative evaluation.

Requires individuals mentoring provisional educators to have received training or receive future training in mentoring educators. Adds provision that an educator who is assigned as a mentor may receive compensation for those services in addition to the educator's regular salary.

Repeals:
--Section 53A-10-104, Frequency of evaluations
--Section 53A-10-109, Final evaluation
--Section 53A-10-110, Review of evaluation -- Time limit on request
--Section 53A-10-111, Additional compensation for services
http://le.utah.gov/~2009/bills/hbillenr/hb0264.pdf
Title: H.B. 264
Source: le.utah.gov

+ 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