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
UTAdopted 09/2009P-12Requires each local school board and charter school governing board to provide written assurance assurances that the board has:
(1) Implemented an electronic device (cell phones and pagers) policy consistent with state board rule
(2) Posted collective bargaining agreement(s) on the school district or charter school Web site within 10 days of the ratification or modification of any collective bargaining agreement
(3) By May 15, 2010, posted certain public financial information on the school district or charter school Web site consistent with state statute. http://www.rules.utah.gov/publicat/bulletin/2009/20090701/32729.htm
Title: R277-108-5
Source: www.rules.utah.gov

CAVetoed 08/2009P-12Existing law requires the state board of education to direct the allocation and apportionment of federal funds to school districts. Proposed provision includes county offices of education and other agencies within the definition of school district for purposes of these provisions. Bill: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0301-0350/ab_339_bill_20090713_enrolled.pdf
Veto message: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0301-0350/ab_339_vt_20090805.html
Title: A.B. 339
Source: Lexis-Nexis/StateNet

ILSigned into law 08/2009P-12Authorizes a district under the authority of a Financial Oversight Panel to appoint a district superintendent with a specified certification or a chief executive officer upon expiration of the current superintendent's contract. Requires the superintendent or chief executive officer to undergo approval by the Financial Oversight Panel.
Provides that, in lieu of a Financial Oversight Panel Financial Administrator, a district may appoint a chief fiscal officer who shall have the powers and duties of the district's chief school business official and any other duties assigned by the school board or Financial Oversight Panel. http://www.ilga.gov/legislation/96/HB/PDF/09600HB2674lv.pdf
Title: H.B. 2674
Source: www.ilga.gov

ILSigned into law 08/2009P-12Allows, with respect to a school board of an elementary school, high school or unit school district that forms a part of a Class II county school unit that was under the jurisdiction and authority of the township treasurer and trustees of schools of a township at the time those offices were abolished in that township, the school treasurer to also be a member of the school board. http://www.ilga.gov/legislation/96/HB/PDF/09600HB0325lv.pdf
Title: H.B. 325
Source: Lexis-Nexis/StateNet

ILSigned into law 08/2009P-12Provides that upon the abolition of the Chicago School Finance Authority, all of its rights and property shall pass to and be vested in the Chicago Board of Education. http://www.ilga.gov/legislation/96/SB/PDF/09600SB0235lv.pdf
Title: S.B. 235
Source: Lexis-Nexis/StateNet

ILSigned into law 08/2009P-12Provides that no school district may be certified by the state board of education to be in financial difficulty solely by reasons arising as a result of the state's failure to make timely payments of general state aid or any of the mandated categoricals. Relates to financial profiles by the state board. Provides for adjustments in such profiles to reflect the financial effects of events concerning state reimbursement. http://www.ilga.gov/legislation/96/HB/PDF/09600HB0944lv.pdf
Title: H.B. 944
Source: www.ilga.gov

ILSigned into law 08/2009P-12Provides that $50 of the additional fine charged for (1) speeding in a school zone or (2) failure to yield to a pedestrian in a school zone must be disbursed for school safety purposes to the school district or districts in which the offense occurred. http://www.ilga.gov/legislation/96/SB/PDF/09600SB2024lv.pdf
Title: S.B. 2024
Source: www.ilga.gov

ILSigned into law 08/2009P-12
Community College
Creates the School Wind and Solar Generation Program to fund wind and solar generation projects for school and community college districts. Provides for the award of full or partial low-interest loans for engineering studies, feasibility studies, research studies and construction costs for wind and solar generation projects. Creates the School Wind and Solar Generation Revolving Loan Fund as a special fund in the state treasury. Revises provisions concerning the renewable energy grant program. Expands the allowable use of such grants for school and community college districts. Allows districts to own solar generation turbine farms. http://www.ilga.gov/legislation/96/SB/PDF/09600SB1570lv.pdf
Title: S.B. 1570
Source: Lexis-Nexis/StateNet

NYSigned into law 08/2009P-12Substantially amends powers and duties of New York City board, authorizing the board to:
(1) Approve all regulations proposed by the chancellor or city board
(2) Approve the educational facilities capital plan, following any applicable hearings conducted by the community district education councils
(3) Approve annual estimates of the sum the board deems necessary for district operations and the capital budget
(4) Approve allocations to community districts and approve community district budgets, with a proposed budget for the city board and chancellor's administrative and operational expenditures, following a public hearing
(5) Approve a city district procurement policy
(6) Approve proposals for all school closures or significant changes in school utilization, including phase-outs, grade reconfigurations, re-sitings or co-locations of two schools, following any hearing
(7) Adopt a policy proposed by the chancellor, promoting the recruitment and retention of staff, that considers the diversity of students attending schools in the city district. Directs the city board to review at a regular public meeting an annual report issued by the chancellor outlining the initiatives taken to enhance diversity and equity in recruitment and retention, and the impacts of such initiatives to the workforce at the city district, community district and school level
(8) Approve all franchises, revokable consents and concessions awarded by the city district or community districts
(9) Approve city board by-laws
(10) Respond at a regular public meeting to the recommendations made in annual reports issued by the city-wide council on special education, the city-wide council on English language learners and the city-wide council on high schools
(11) Conduct an annual survey to allow parents, teachers and school personnel to evaluate the performance of the city board and chancellor as regards city district resources, oversight and curriculum. Requires the results of such survey to be made publicly available, including on the city board Web site.
(12) Provide information, data, estimates and statistics as requested by the director of the city's independent budget office or the city comptroller, in a timely fashion.

Eliminates provision directing the board to approve contracts that would significantly impact the provision of educational services or programming in the district. Replaces with provision directing the board to approve city district or community district contracts that meet any of certain criteria. Requires all items requiring city board approval to be by a public vote at a regular board meeting. Prior to approval of any item listed in 1-6 above, requires the city board to undertake a review process to allow the public to submit comments on the proposed item. Requires notice of the proposed item to be circulated to all community superintendents, community district education councils, community boards and school based management teams at least 45 days before a city board vote. Specifies contents that said notice must contain. Also requires a revised public notice to be provided in the event a proposed item listed in 1-6 above is substantially revised, and specifies elements the revised public notice must include. Provides that following the public review process but prior to voting, the city board must make publicly available an assessment of all public comments concerning the item under consideration. Specifies elements the assessment must contain. Allows for emergency adoption of proposed items under certain circumstances. http://assembly.state.ny.us/leg/?bn=A08903&sh=t
Title: A.B. 8903 - New York City Board Powers and Duties
Source: assembly.state.ny.us

NYSigned into law 08/2009P-12Creates new section 2590-t. Provides the New York City Comptroller has the authority to conduct operational and programmatic audits, in addition to financial audits, of the city district to the same extent that the comptroller has such authority for New York City agencies.

Creates new section 2590-u. Authorizes the New York City independent budget office to provide analysis and issue public reports on financial and educational matters of the city district, to enhance official and public understanding of such matters, including: (1) student graduation and dropout data; (2) student enrollment projections; (3) school utilization, class sizes and student-teacher ratios; (4) student assessment data; (5) delivery of services to students in bilingual or English as a second language programs; (6) delivery of services to students with disabilities; (7) utilization of Title I funds directed at parental involvement; (8) matters relating to city district finances. Directs the city of New York to appropriate a specified amount to the independent budget office to carry out these duties. Requires the director of the New York City independent budget office to ensure that his/her office uses up-to-date and professionally accepted methodologies in producing annual data reports related to the city district, and that methodologies used are identified in such reports. http://assembly.state.ny.us/leg/?bn=A08903&sh=t
Title: A.B. 8903 - New York City Comptroller Audits and Budget Office Reports
Source: assembly.state.ny.us

NYSigned into law 08/2009P-12Amends section 2590-r, relating to school based budgeting and expenditure reporting in New York City. Existing law directs principals to develop school based budgets. New provision requires the chancellor to inform each principal of that school's preliminary budget allocation, subsequent to the New York City mayor's release of the executive budget, before principals develop school based budgets. Also requires principals to consult with the school based management team before developing the school based budget. Provides that for schools under the jurisdiction of a community superintendent, (1) the principal must provide written justification to demonstrate that the school-based budget proposal is aligned with the school's comprehensive educational plan, (2) the school based management team must submit comments regarding such justification, and (3) the chancellor must certify that the school based budget is sufficiently aligned with the school's comprehensive educational plan after reviewing the principal's justification and the management team's comments. http://assembly.state.ny.us/leg/?bn=A08903&sh=t
Title: A.B. 8903 - School Based Budgeting and Expenditure Reporting
Source: assembly.state.ny.us

AZSigned into law 07/2009P-12Requires that a school district retain the savings achieved by a guaranteed energy cost savings contract and use the savings for project implementation; prohibits a district from using excess utility monies for implementation; modifies energy audit requirements; provides for third-party institution financing and procurement of water conservation and renewable energy devices; exempts energy efficient building components from appraisal values; specifies efficiency standards for spas and pool pumps. Chapter 101
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/summary/s.2332ed.doc.htm
Title: H.B. 2332
Source: http://www.azleg.gov/

CASigned into law 07/2009P-12Expresses the intent of the Legislature to provide emergency apportionment assistance to the King City Joint Union High School District and makes an appropriation for an emergency loan to the district. Requires the state superintendent of public instruction to assume all rights, duties and powers of the governing board of the King City Joint Union High School District and to appoint a state administrator to exercise the superintendent's authority over that district. Provides the authority of the superintendent of public instruction and the state administrator must continue until all of specified conditions are met. Provides the superintendent of public instruction may return power for any of the areas of financial, pupil, personnel, facilities management or community relations if performance under the recovery plan for that area has been demonstrated to the satisfaction of the superintendent of public instruction. Directs the superintendent of public instruction to assist the district in specified tasks. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0101-0150/sb_130_bill_20090722_chaptered.pdf
Title: S.B. 130
Source: www.leginfo.ca.gov

CASigned into law 07/2009P-12From legislative analysis: Existing law prescribes the minimum length of time for the instructional school year and the minimum number of instructional minutes per schoolday. Existing law imposes fiscal penalties on school districts and county offices of education that fail to maintain those minimum instructional times per school year or schoolday.

Effective 2009–10 through the 2012–13 school years, would authorize a school district, county office of education, and charter school to reduce the equivalent of up to 5 days of instruction or the equivalent number of instructional minutes without incurring the fiscal penalties.
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/abx4_2_bill_20090728_chaptered.pdf
Title: A.B. 2D - Section 21
Source: www.leginfo.ca.gov/

OHSigned into law 07/2009P-12Partially from the DOE summary of H.B. 1:Modifies the current requirement for the state board to develop a standard for reporting financial information to the public. Requires districts and educational service center boards to report revenues and expenditures by school building, including expenditures for salaries, and with expenditures for classroom teachers, other certified staff, and all other employees reported separately, as well as per-pupil expenditures per building.

Provides that the state board's existing minimum standards for all public schools must require instructional materials and equipment, including library materials, to be aligned with the academic content standards. Directs the state board to adopt minimum operating standards for school districts, which districts must comply with unless they receive a waiver from the state superintendent. According to DOE summary, the operating standards override any conflicting provisions of a collective bargaining agreement. Provides the operating standards must include:
(1) Standards for the effective and efficient organization, administration and supervision of districts (full text of this provision in "full text" field below)
(2) Standards for the establishment of business advisory councils and family and civic engagement teams by school districts
(3) Standards incorporating the classifications for the components of the adequacy amount under Chapter 3306 of the Revised Code into core academic strategy components and academic improvement components, as specified in rules adopted under section 3306.25 of the Revised Code
(4) Standards for school district organizational units, as defined in sections 3306.02 and 3306.04 of the Revised Code, that require:
(i) The effective and efficient organization, administration and supervision of each school district organizational unit so that it becomes a thinking and learning organization according to principles of systems design and collaborative professional learning communities research as defined by the state superintendent, including a focus on the personalized and individualized needs of each student; a shared responsibility among organizational unit administrators, faculty and staff to develop a common vision, mission and set of guiding principles; a shared responsibility among organizational unit administrators, faculty and staff to engage in a process of collective inquiry, action orientation and experimentation to ensure the academic success of all students; commitment to job-embedded professional development and professional mentoring and coaching; established periods of time for teachers to pursue planning time for the development of lesson plans, professional development, and shared learning; commitment to effective management strategies that allow administrators reasonable access to classrooms for observation and professional development experiences; commitment to teaching and learning strategies that utilize technological tools and emphasize inter-disciplinary, real-world, project-based, and technology-oriented learning experiences to meet the individual needs of every student; commitment to high expectations for every student and commitment to closing the achievement gap so that all students achieve core knowledge and skills in accordance with the statewide academic standards adopted under section 3301.079 of the Revised Code; commitment to the
use of assessments to diagnose the needs of each student; effective connections and relationships with families and others that support student success; commitment to the use of positive behavior intervention supports throughout the organizational unit to ensure a safe and secure learning environment for all students
(ii) A school organizational unit leadership team to coordinate positive behavior intervention supports, family and civic engagement services, learning environments, thinking and learning systems, collaborative planning, planning time, student academic interventions, student extended learning opportunities, and other activities identified by the team and approved by the district board of education. Provides that the team must include the building principal, representatives from each collective bargaining unit, the building lead teacher, parents, business representatives and others that support student success.

Eliminates requirement that state board develop a state plan for technology to encourage the use of technology in educational settings.
DOE summary document: http://www.education.ohio.gov/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635
Bill text (pages 979-984 of 3120): http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3301.07
Source: www.legislature.state.oh.us

OHSigned into law 07/2009P-12Provides that a separate accountability compliance commission must be established for each school district for which the state superintendent opts to establish a commission due to noncompliance with financial budgeting or reporting requirements per section 3306.33. Establishes protocols for accountability compliance commissions. Provides the commission may do any of the following:
(1) Prepare and submit the school district's spending plan required under section 3306.30 and, if applicable, section 3306.31
(2) Appoint school building administrators and reassign administrative personnel
(3) Terminate the contracts of administrators or administrative personnel
(4) Contract with a private entity to perform school or district management functions
(5) Establish a district budget and approve district appropriations and expenditures, unless a financial planning and supervision commission has been established for the district
(6) Exercise the powers, duties and functions with respect to the district as are granted to a financial planning and supervision commission, unless a financial planning and supervision commission has been established for the district.

Directs each commission to seek local board input on means to improve district operations and compliance with state requirements, but clarifies that any decision of the commission related to any authority granted the commission by statute is final. Provides that if any board of a district for which an accountability compliance commission has been established renews any collective bargaining agreement, the board cannot enter into any agreement that would render any decision of the commission unenforceable. Provides that an accountability compliance commission will cease to exist at the beginning of the first year that none of the circumstances described in division (A) of section 3306.33 apply to the district. Pages 1111-1113 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3306.34
Source: www.legislature.state.oh.us

OHSigned into law 07/2009P-12By July 2011, directs the department of education to provide technical assistance to that either has failed to comply with any applicable expenditure or reporting standard prescribed by rule adopted under section 3306.25, or that fails to submit a spending plan under section 3306.30 and, if applicable, section 3306.31, in order to bring the district into compliance with expenditure and reporting standards. Also requires such a district to develop and submit to the department a three-year operations improvement plan; notify all parents of students of the standards or requirements that were not met, the actions being taken to meet the standards or requirements and any progress to date toward meeting requirements; and present the plan, and take public testimony with respect to it, in a public hearing before the board. Provides that if one of the triggers applies a second consecutive year, the department must provide technical assistance and the district must perform the aforementioned actions, plus the department must establish a state intervention team to evaluate all aspects of the district's operations, including management, instructional methods, resource allocation and scheduling, and make recommendations on methods for bringing the district into compliance with the applicable standards. Provides that if one of the triggers applies a third consecutive year, whether it is the same or different trigger as in preceding years, the state superintendent must establish an accountability compliance commission or appoint a trustee to manage the district in place of the local board until the beginning of the first year that neither of the triggers applies to the district. Provides that if either trigger applies for a fourth consecutive year, the state board must take action to revoke the district's charter.
Pages 1109-1111 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3306.33
Source: www.legislature.state.oh.us

RISigned into law 07/2009P-12Allows school districts, school departments and school committees to accept grants, gifts and donations from individuals, entities and governmental subdivisions for purposes as specified by the donor and to keep such funds in a restricted receipt account interest bearing account until expended.
http://www.rilin.state.ri.us/PublicLaws/law09/law09174.htm
Title: S.B. 944
Source: http://www.rilin.state.ri.us

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

ILSigned into law 06/2009P-12Allows a school district, entity such as a special education cooperative or other joint agreement, or regional superintendent to establish a line of credit with a bank or other financial institution. Provides that the line of credit must not exceed a specified percent of the amount of property taxes most recently levied for specified purposes. Specifies that borrowed moneys may be used for educational, operations and maintenance, transportation, or other tax levy purposes or any combination thereof. Allows a school board to anticipate revenues due in the current or next fiscal year, to issue bonds, and to establish a line of credit in a specified amount under certain conditions. http://www.ilga.gov/legislation/96/HB/PDF/09600HB0999lv.pdf
Title: H.B. 999
Source: Lexis-Nexis/StateNet

TXSigned into law 06/2009P-12Amends auditing procedures for and authority of county education departments in counties with a population of 3 million or more. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB02549F.pdf
Title: H.B. 2549
Source: Lexis-Nexis/StateNet

TXSigned into law 06/2009P-12Section 66: Establishes provisions allowing a school district to adopt a budget after the district adopts a tax rate for the tax year in which the fiscal year covered by the budget begins. Section 86 makes a conforming change in the Tax Code.
Section 67: Adds section 44.908. Requires school districts to adopt policies governing the expenditure of local funds from vending machines, rentals, gate receipts or other local sources of revenue over which the district has direct control. Requires discretionary expenditures of local funds to be related to the district's educational purpose and provide a commensurate benefit to the district or its students and to meet the standards of Section 52, Article III, Texas Constitution, regarding expenditure of public funds.
Section 68: Specifies that the guarantee of district bonds remains in effect until the date those bonds mature or are defeased in accordance with state law.
Pages 67-68 and 96 of 108: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB03646F.pdf
Title: H.B. 3646 - Sections 66-68 and 86
Source: www.legis.state.tx.us

TXSigned into law 06/2009P-12Former law called for the creation of a single financial accountability rating system. New enactment directs the commissioner, in consultation with the comptroller, to develop separate financial accountability rating systems for districts and charter schools that distinguish among districts and charter schools based on financial performance. Provides the system may not include an indicator or performance measure that requires a district to spend at least 65% of district operating funds or any other specified percentage for instructional purposes, or that lowers a district's financial management performance rating for failure to spend at least 65% or any other specified percentage of district operating funds for instructional purposes.

Creates new Section 39.0821, "Comptroller Review of Resource Allocation". Directs the comptroller to identify districts and campuses that use resource allocation practices that contribute to high academic achievement and cost-effective operations. Identifies process for the comptroller to evaluate relative performance of districts and campuses and identify potential areas for district and campus improvement. In reviewing district and campus resource allocation practices, directs the comptroller to ensure resources are being used for instruction by evaluating operating costs for students and programs, and the staffing cost for each student.

Adds new Section 39.0822, "Financial Solvency Review Required." Directs the state education agency to develop a review process to anticipate the future financial solvency of each school district. Provides the review process must analyze expeditures and revenues for the previous year, and projected expenditures and revenues for the current and following two school years. Identifies areas of expenditure that the review process must consider for the previous year, and for future years as appropriate. Directs the agency to develop an electronic-based program for districts to use in submitting information for purposes of the review process. Directs the commissioner to adopt rules to allow a district to enter estimates of critical data into the program before the district adopts its budget. Specifies capacities the program must contain, including the capacity to provide alerts for a student-to-staff ratio significantly outside the norm, a rapid depletion of the district general fund balance and a significant discrepancy between actual budget figures and projected revenues and expenditures. Such alerts must be developed to notify the agency immediately on occurence of one of the aforementioned conditions. After the agency is alerted, requires the agency to immediately notify the affected district regarding the condition triggering the alert. Also amends Section 39.083, to require each district's annual financial management report to include a description of the data submitted using the electronic-based program.

Adds new Section 39.0823, "Projected Deficit". Provides that if the review process under Section 39.0822 indicates a projected deficit for a school district general fund within the following three school years, the
district must provide the agency interim financial reports, supplemented by staff and student count data, as needed, to evaluate the district's current budget status. Provides that if the interim financial data substantiates the projected deficit, the district must develop a financial plan to submit to the agency for approval. Provides the agency may approve the plan only if the agency determines the plan will permit the district to avoid the projected insolvency. Requires the commissioner to assign a district an "accredited-warned" status if the district fails to submit a financial plan to the agency, fails to obtain agency approval for a plan, fails to comply with an agency-approved plan, or the agency determines in a subsequent school year, based on financial data submitted by the district, that the approved plan for the district is no longer sufficient or is not appropriately implemented.

Adds new Section 39.084, "Posting of Adopted Budget". Directs a district, upon the board of trustee's final approval of the budget, to post a copy of the adopted budget to the district Web site. Requires the district Web site to prominently display the link to the adopted budget. Requires the link to the adopted budget to remain on the district Web site until the third anniversary of the date the budget was adopted.
Pages 89-96 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf
Title: H.B. 3 - Section 59 - Part III
Source: www.legis.state.tx.us

ALSigned into law 05/2009P-12Allows local boards of education to expend their reserve funds if (1) the governor declares proration in the Education Trust Fund or (2) total state funds appropriated by the legislature to the local boards of education are less than the same appropriation for the preceding fiscal year.
Title: S.B. 165
Source: www.lexis.com

HISigned into law 05/2009P-12Repeals certain provisions regarding the cost of electricity and maintenance for air conditioners in schools that were not installed by the Department of Accounting and General Services and the cost for repair and maintenance of donated fixtures and equipment. http://www.capitol.hawaii.gov/session2009/Bills/HB179_SD2_.HTM
Title: H.B. 179
Source: Lexis-Nexis/StateNet

KSSigned into law 05/2009P-12Relates to certain school districts involved in consolidation and disorganization. Concerns powers and duties. In situations where a school district disorganizes and the territory of the disorganized disrict is attached to more than one district, the state financial aid of the disorganized district is allocated to the districts to which the territory of the former district is attached. The state financial aid would be allocated on the same proportional basis that the assessed valuation of the territory attached to each district bears to the assessed valuation of the entire disorganized district. Chapter 2009-130
http://www.kslegislature.org/bills/2010/41.pdf
Title: S.B. 41
Source: http://www.kslegislature.org

NDSigned into law 05/2009P-12Summer school courses and programs eligible for payment from the state: 1. a. Remedial mathematics provided to students enrolled in any grade from kindergarten
through eight; b. Remedial reading provided to students enrolled in any grade from kindergarten through eight; c. Beginning after the conclusion of the 2009-10 school calendar, mathematics provided to students enrolled in any grade from five through eight; d. Beginning after the conclusion of the 2009-10 school calendar, reading provided to students enrolled in any grade from five through eight; e. Beginning after the conclusion of the 2009-10 school calendar, science provided to students enrolled in any grade from five through eight; and
f. Beginning after the conclusion of the 2009-10 school calendar, social studies provided to students enrolled in any grade from five through eight; and 2. Any other high school summer courses that satisfy requirements for graduation, comprise at least as many clock-hours as courses offered during the regular school term, and comply with rules adopted by the superintendent of public instruction.
http://www.legis.nd.gov/assembly/61-2009/bill-text/JARF1000.pdf
Title: H.B. 1400 - Summer School Section
Source: http://www.legis.nd.gov

OKSigned into law 05/2009P-12In addition to any special audit conducted by the State Auditor and Inspector, requires the State Auditor and Inspector shall, contingent upon the availability of funding, to perform a special audit, without notice, on not more than four common school districts with an average daily membership (ADM) of less than one thousand (1,000) each year. The special audit shall be in a form as determined by the State Auditor and Inspector. Other amendments address lease-purchase agreements and revenues, surety bond requirements for superintendents and chief financial officers, etc.
http://webserver1.lsb.state.ok.us/2009-10bills/HB/HB1592_ENR.RTF
Title: H.B. 1592
Source: http://webserver1.lsb.state.ok.us/

IASigned into law 04/2009P-12Deletes several requirements for reporting (i.e., simply the number of graduates, rather than specifying that the number has to be calculated according to the NGA definition; and the number of students who graduated in past five years but were not proficient in core content areas). Deletes the requirement that diagnostic assessment results be reported to parents when students are performing below expected levels. Adds a provision that an area education agency director, officer, or teacher cannot act as an agent for textbook or athletic or similar sales in the local district or areas districts. Requires hearing dates and times for the school budget review committee located within the departmetn of education to be posted on the state departement Web site.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=HF687
Title: H.B. 687
Source: http://coolice.legis.state.ia.us/

IASigned into law 04/2009P-12
Postsec.
Community College
Provides for the establishment of small wind innovation zones; provides for the applicability of tax credits; relates to a political subdivision of this state, including but not limited to a city, county, township, school district, community college, area education agency, institution under the control of the state board of regents, or any other local commission, association, or tribal council which adopts, or is encompassed within a local government which adopts, the model ordinance.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=83&menu=text&hbill=HF810
Title: H.B. 810
Source: http://coolice.legis.state.ia.us

NYSigned into law 04/2009P-12Directs the comptroller at the end of the 2011-12 school year to examine school districts' employee benefit accrued liability reserve funds, to determine the amount in the reserve fund, the liability against such fund, and whether there are funds in the reserve fund in excess of of the total liabilities of the fund. Directs the comptroller to notify the district if such excess funds exist. Directs the comptroller to prepare a report on the districts with excess funds in their employee benefit accrued liability reserve fund and the amount of excess funding for each district. Requires the report to be submitted to the director of the budget, commissioner of education and specified legislative leaders by July 2012. http://assembly.state.ny.us/leg/?bn=A00157&sh=t
Title: A.B. 157 - Part A, Section 40
Source: assembly.state.ny.us

OHAdopted 04/2009P-12Amends rules regarding operation of the education management information system. Requires the state superintendent to make available reports that summarize district and statewide expenditures by function area, total expenditure data, per pupil expenditure data, and the functional expenditures as a percentage of all expenditures. Provides that at the state superintendent's discretion, reports may be distributed that summarize expenditure data by any other useful categorization to provide meaningful measures of district operational efficiencies. http://www.registerofohio.state.oh.us/pdfs/3301/0/19/3301-19-03_PH_FF_A_RU_20090415_0808.pdf
Title: OAC 3301-19-03
Source: www.registerofohio.state.oh.us

SDSigned into law 03/2009P-12Allows certain school districts, for a period of years, to expend capital outlay funds for certain motor fuel transportation costs; includes the purchase of property and casualty insurance, energy costs and for utilities costs; restricts use of outlay funds.
http://legis.state.sd.us/sessions/2009/Bills/SB91ENR.pdf
Title: S.B. 91
Source: http://legis.state.sd.us/

SDSigned into law 03/2009P-12Rescinds the repeal on funding for certain sparse school districts that will take effect on June 30, 2009.
http://legis.state.sd.us/sessions/2009/Bills/SB88ENR.pdf
Title: S.B. 88
Source: http://legis.state.sd.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

KYAdopted 01/2009P-12State law already requires each local board of education treasurer to be bonded in accordance with Kentucky Board of Education administrative regulations. This administrative regulation establishes a penal sum for the bond of treasurer and requires the bonding of other school employees such as the finance officer and others holding similar positions who are responsible for district funds or who receive and expend funds on behalf of the school district. http://www.lrc.ky.gov/kar/702/003/080.htm
Title: 702 KAR 3:080
Source: www.lrc.ky.gov

+ Finance--Equity
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