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
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+ Choice of Schools--Charter Schools--Finance
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+ Choice of Schools--Choice/Open Enrollment
+ Choice of Schools--Magnet or Specialized Schools
- Choice of Schools--Vouchers
OHSigned into law 07/2009P-12Section 3301.0711(K): Requires private high schools to administer the Ohio graduation tests (regardless of whether they accept voucher students. Participation on grade 3-8 state assessments for non-voucher private school students is still permissive, not mandatory.)

Section 3313.976: Makes administration of state assessments and reporting of such scores a condition of eligibility for a private school to participate in the Cleveland voucher program.

Section 3313.978(G): Directs the department to annually compile the assessment scores of Cleveland voucher students. Requires scores to be aggregated by district and by private school. Requires scores to be disaggregated by age, low-income status, race/ethnicity and gender, and by students participating in the voucher program for 3+ years, 2-3 years, and 1 year or less. Requires such data to be included in information provided to students. Also requires that the parent of each voucher student receive information comparing the student's performance on the state assessments with the average performance of similar students (as regards age, grade, race/ethnicity, gender and socioeconomic status) enrolled in the public school building the student would otherwise attend.

Section 3310.15: Requires the department to annually post on its Web site the assessment scores of EdChoice voucher students (eligible students are those in buildings declared in a state of "academic emergency" or "academic watch" in at least two of the three most recent ratings prior to the school year in which the scholarship was sought). Requires scores to be aggregated at the state, district, and nonpublic school level. Also requires performance data to be disaggregated by age, low-income status, race/ethnicity and gender, and by students participating in the voucher program for 3+ years, 2-3 years, and 1 year or less. Requires the department of education to provide this data to parents of students eligible to participate in the voucher program. Requires that the parent of each voucher student receive information comparing the student's performance on the state assessments with the average performance of similar students (as regards age, grade, race/ethnicity, gender and socioeconomic status) enrolled in the public school building the student would otherwise attend.
Pages 999 (Section 3301.0711(K)), 1129-1130 (Section 3310.15), 1209 (Section 3313.976), and 1213-1214 (Section 3313.978(G) of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3301.0711(K), 3310.15, 3313.976(11), 3313.978(G)
Source: www.legislature.state.oh.us

OHSigned into law 07/2009P-12Extends eligibility to participate in the educational choice scholarship pilot program to students outside eligible districts. Specifies eligible students are those in a new building in its second or third year and to which all of the following apply (or who would be enrolling in kindergarten and entering such a building, or in a community school but who would otherwise be assigned to such a building):
(1) For the first school year the new building was open, at least 75% of the students had transferred directly from two or more school buildings that closed and to each of which all of the following apply:
(i) The closed buildings were operated by the same school district that operates the new building
(ii) The closed buildings offered at least some of the grade levels that the new building also offers
(iii) The closed buildings were declared, for at least two of their last three accountability ratings, to be in a state of academic emergency or academic watch
(iv) The closed buildings were not declared to be excellent or effective in their last accountability rating
(2) If the new building is conducting its second school year of instruction, the building was declared, based on its first school year of instruction, to be in a state of academic emergency or academic watch
(3) If the new building is conducting its third school year of instruction, the building was declared, based on either its first or second school year of instruction, to be in a state of academic emergency or academic watch, but was not declared to be excellent or effective under that section based on its second school year of instruction.

Existing provision provides differentiated amount deducted from a district's payment for each student participating in the educational choice scholarship pilot program, based on whether the student is in kindergarten or grades 1-12. New provision provides flat amount ($5,200) deducted from district payment for each participating student. Increases maximum scholarship award amounts for students in grades K-8 and 9-12. Repeals language establishing method of determining maximum scholarship amount.
Pages 1123-1127 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3310.03, 3310.08 and 3310.09
Source: www.legislature.state.oh.us

UTAdopted 07/2009P-12Increases requirements related to notifying parents of students with IEPs about the availability of Carson Smith special needs scholarships to attend eligible private schools. Adds new language requiring eligible private schools that change ownership to submit a new application for eligibility to receive Carson Smith scholarship payments from the board; requires the application to demonstrate that the school continues to meet eligibility requirements established in rule. http://www.rules.utah.gov/publicat/bulletin/2009/20090515/32645.htm
Title: R277-602
Source: www.rules.utah.gov

VTBecame law without governor's signature 07/2009P-12Among other things, this act:
· Simplifies the statutory divided vote ballot language and requires that the ballot include an explanation of the reasons the vote is divided. (Secs. 6-7)
· Permits the electorate of a school district to vote at a special meeting to provide notice of the availability of information (currently permitted only at annual meeting; municipalities may vote to do so at either). (Secs. 8-9)
· Restores the ability of joint contract schools to access consolidation funds until July 1, 2010. (Sec. 12)
· Permits a parent to request a final determination by the commissioner of education regarding payment of elementary school tuition when there is a geographical barrier to attending the district's school. (Sec. 13)
· Allows parents to notify (rather than request) the school board to pay tuition to an approved independent elementary school but limits the tuition paid by the district to the least of three amounts. (Sec. 13)
· Permits the electorate to authorize a district that does not maintain a public school to designate a public school as the high school for the district; continues to allow parents to request an alternative school but limits the tuition paid by the district to the least of three amounts. (Sec. 13)
· Amends the definition of state-placed student to provide greater educational continuity for the student. (Secs. 14-15)
· Excludes certain actions from the determination of whether a school budget must be presented by a divided vote.
http://www.leg.state.vt.us/docs/2010/Acts/ACT044.pdf
Title: H.B. 427
Source: http://www.leg.state.vt.us

WISigned into law 06/2009P-12Requires that a private school participating in the Milwaukee Parental Choice Program adhere to policies that apply to public schools/districts regarding transfer of pupil records (i.e., requires that a private school transfer a pupil's records within five working days after receiving written notice that the pupil intends to enroll or has enrolled in the other school or district).
Page 469 of 692: http://www.legis.state.wi.us/2009/data/acts/09Act28.pdf
Title: A.B. 75
Source: www.legis.state.wi.us/

GAVetoed 05/2009P-12Amends provisions regarding educational improvement and taxation of student scholarship organizations. Provides that a student who was eligible for a P-12 private school scholarship at the time an educational scholarship or tuition grant was first received remains an eligible student so long as the student receives an educational scholarship or tuition grant from a student scholarship organization. Includes pre-kindergarten programs as programs qualified to receive scholarship students. Adds to qualifications eligible recipient schools or programs must meet. Specifies six methods by which scholarship funds may be transferred. Requires that all information or reports provided by student scholarship organizations to the department of revenue be confidential. Establishes consequences for any student scholarship organization that fails to comply with its obligations. Specifies that the department of revenue cannot take any adverse action against donors to student scholarship organizations that fail to comply with obligations if the department of revenue preapproved a donation for a tax credit prior to the date the student scholarship organization is removed from the department of education list. Makes active participation in a student scholarship organization's intentional violation of its obligations a misdemeanor. Modifies amount a taxpayer may credit for qualified education expenses to the lesser of (1) the amount actually expended or (2) 75% of the taxpayer's income tax liability. Requires each student scholarship organization to provide the department of revenue with a copy of each letter of confirmation of donation on a monthly basis. http://www.legis.state.ga.us/legis/2009_10/pdf/hb100.pdf
Veto message (Veto Number 2): http://gov.georgia.gov/00/press/detail/0,2668,78006749_139486062_140372354,00.html
Title: H.B. 100
Source: www.legis.state.ga.us

OHAdopted 03/2009P-12Rescinds and re-establishes rules regarding the Autism Scholarship Program. Relates to application and eligibility; responsibilities of a school district of residence; and application and participation of providers.
3301-103-01 Definitions: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-01_PH_FF_N_RU_20090313_1154.pdf
3301-103-02 Autism scholarship program established: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-02_PH_FF_N_RU_20090313_1154.pdf
3301-103-03 Application and eligibility to receive a scholarship: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-03_PH_FF_N_RU_20090313_1154.pdf
3301-103-04 Responsibilities of a school district of residence: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-04_PH_FF_N_RU_20090313_1154.pdf
3301-103-05 Program participation: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-05_PH_FF_N_RU_20090313_1154.pdf
3301-103-06 Application and participation of providers: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-06_PH_FF_N_RU_20090313_1154.pdf
3301-103-07 Payment under the Autism Scholarship Program: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-07_PH_FF_N_RU_20090313_1154.pdf
Title: OAC 3301-103-01 thru -08
Source: www.lexis.com

UTSigned into law 03/2009P-12Modifies provisions of the Carson Smith Scholarships for Students with Special Needs Act, which provides funds for a child with a disability to attend a private school. Requires parents of eligible to be notified of the availability of a Carson Smith Scholarship within 30 days after a student initially qualifies for an IEP and each February 1 thereafter to all students who have an IEP. Requires any district, school or charter school enrolling a student with an IEP to link on the district or school site to the state site that provides prospective applicants with detailed program information and application forms for the Carson Smith Scholarship Program.

Requires an approved eligible private school that changes ownership to reapply to the state board of education and demonstrate that it continues to meet the eligibility requirements of the program. http://le.utah.gov/~2009/bills/hbillenr/hb0425.pdf
Title: H.B. 425
Source: le.utah.gov

+ Civic Education
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