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
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+ Equity
+ Federal
+ Finance
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+ Finance--Bonds
+ Finance--District
+ Finance--Equity
- Finance--Facilities
CAAdopted 11/2009P-12Amends rules concerning the Leroy F. Greene School Facilities Act of 1998 as it relates to the Charter and Critically Overcrowded School (COS) Facilities programs. Prevents preliminary apportionments from expiring, thereby preserving the ability for school districts and charter schools to convert to final apportionments in the future.
Title: Title 2 CCR Sec(s) 1859.2, 1859.121, 1859.148.2, 1859.164.2,1859.166.2, 1859.197
Source: Lexis-Nexis/StateNet

CASigned into law 10/2009P-12Relates to the Leroy F. Greene School Facilities Act, which requires the state allocation board to allocate funding to school districts for school facilities and requires the board to determine the maximum total new construction grant eligibility of an applicant. New provision requires an increase made to the per-unhoused-pupil grant amounts also to be made to the per-unhoused-pupil who is a qualifying individual with exceptional needs grants amounts. Relates to funding for exceptional needs pupils. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0301-0350/sb_334_bill_20091011_chaptered.pdf
Title: S.B. 334
Source: www.leginfo.ca.gov

CAVetoed 10/2009P-12Requires the department of general services to distribute information on the use of constructability reviews of plans and specifications used for the construction of school facilities and the potential for cost savings that may be realized by the use of such reviews. States legislative intent that the department of general services incorporate this information into existing venues and schedules of communication that the department has established with school districts as a result of its role in the review and approval of school construction plans. Defines "constructability review" as a cost control technique by which the project plans and specifications are reviewed to identify potential claim or problem areas and deficiencies in the plans and specifications that may occur as a result of errors, ambiguities, omissions, discrepancies and conflicts in the plans and specifications. Provides that one or more professionals, including mechanical, electrical, structural, or construction professionals would be authorized to conduct a review.
Bill: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1101-1150/ab_1120_bill_20090910_enrolled.pdf
Veto message: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1101-1150/ab_1120_vt_20091012.html
Title: A.B. 1120
Source: www.leginfo.ca.gov

RISigned into law 10/2009P-12Approves, pursuant to the American Recovery and Reinvestment Act, the issuance of Qualified School Construction Bonds in the form of lease revenue bonds or other evidences of indebtedness by the Providence Public Buildings Authority to provide funding for Warm, Safe and Dry projects in Providence public schools including remediation of fire code violations, and repair, replacement, improvement and installation of roofs, heating, ventilation, air conditioning and fire alarm systems.
http://www.rilin.state.ri.us/billtext09/housetext09/h6328.pdf
Title: H.B. 6328
Source: http://www.rilin.state.ri.us/

ILSigned into law 08/2009P-12Defines school district to include a jointly owned Type 40 area vocational center, if a joint agreement includes language that specifies how a debt obligation is to be paid, including in the event that an entity withdraws from an agreement. Specifies school construction grant eligibility requirements for a vocational center. Provides that a vocational center must be placed last on the priority listing of eligible entities. Provides for calculation of the amount of the grant. http://www.ilga.gov/legislation/96/SB/PDF/09600SB1926lv.pdf
Title: S.B. 1926
Source: Lexis-Nexis/StateNet

NYSigned into law 08/2009P-12Extends sunset date of New York City School Construction Authority Act to June 30, 2014. http://assembly.state.ny.us/leg/?bn=A08903&sh=t
Title: A.B. 8903 - New York City School Construction Authority Act
Source: assembly.state.ny.us

OHSigned into law 07/2009P-12Directs the executive director of the Ohio school facilities commission, at the state superintendent's request, to advise the superintendent of demands upon and other issues related to existing classroom facilities that may arise due to new operating requirements specified in the rules adopted under section 3306.25 of the Revised Code establishing expenditure and reporting standards for operating funds paid under Chapter 3306 of the Revised Code. Page 1345 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3318.312
Source: www.legislature.state.oh.us

OHSigned into law 07/2009P-12Makes various changes to the accelerated urban school building assistance program for Big Eight districts. Amends provisions related to the bonded indebtedness of joint vocational school district boards
Pages 1351-1354 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3318.38, 3318.44
Source: www.legislature.state.oh.us

ORSigned into law 06/2009P-12Establishes Oregon School Facilities Task Force; directs task force to study status of public school facilities and make recommendations for funding mechanisms that will meet capital needs of public school facilities; appropriates moneys from General Fund to Oregon Department of Administrative Services for purpose of task force; sunsets task force on January 2, 2012; declares emergency, effective on passage.
http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2013.en.pdf
Title: H.B. 2013
Source: http://www.leg.state.or.us

TXSigned into law 06/2009P-12
Postsec.
Authorizes an institution of higher education to make available underused classrooms for use by a public junior college for teaching core courses or continuing education courses. Permits institution of higher education to charge another institution for the use of a classroom. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00746F.pdf
Title: H.B. 746
Source: www.legis.state.tx.us

TXSigned into law 06/2009P-12
Postsec.
Authorizes a school district and an institution of higher education located wholly or partially in the county in which the district is located to contract for the district to pay a portion of the costs of designing or building an instructional facility or stadium or other athletic facilities owned by or under the control of the institution of higher education. Provides for such a partnership only if both parties enter into a written agreement authorizing the district to use the facility.

Authorizes one or more districts to enter into an agreement with an institution of higher education for the district(s) to pay a portion of the costs of the design, improvement or construction of an instructional facility owned by or under the control of the institution of higher education. Provides for such a partnership only if both parties enter into a written agreement authorizing the district to use that facility, including authorizing the enrollment of district students in courses offered
at that facility. Pages 72-73 of 108: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB03646F.pdf
Title: H.B. 3646 - Section 74
Source: www.legis.state.tx.us

INSigned into law 05/2009P-12Establishes the geothermal conversion revolving fund for the purpose of making loans to school corporations; requires a school corporation to enter into a loan agreement with the bank before receiving a loan from the revolving fund; provides that a political subdivision or its agencies may participate in a utility efficiency program or enter into a guaranteed savings contract; provides that a conservation measure includes installation of insulation in a political subdivision's facility.
Public Law No. 99
http://www.state.in.us/legislative
Title: H.B. 1669
Source: http://www.state.in.us

NDSigned into law 05/2009P-12During the 2009-10 school year and at least once every eight years thereafter, each district is required to obtain an appraisal of its buildings and its facilities, and an inventory of their
contents. Requires annual review the terms of any insurance policies providing coverage for its buildings, its facilities, and their contents and ensure that there are in place
policies sufficient to provide in full for the repair or replacement of the buildings, its facilities, and their contents, in the event of a loss. Requires districts to annually certify that they are in compliance.
http://www.legis.nd.gov/assembly/61-2009/bill-text/JARF1000.pdf
Title: H.B. 1400 - Section 10, Insurance
Source: http://www.legis.nd.gov

IASigned into law 04/2009P-12
Postsec.
Modifies provisions for facilities qualifying for wind energy production and renewable energy tax credits; provides for use by a private college, university, community college, institution under the control of the state board of regents, public or accredited nonpublic elementary and secondary school, public hospital or for the applicant's own use, of wind turbines with a specified capacity; amends provisions regarding city and county ordinances.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=83&menu=text&hbill=SF456
Title: S.B. 456
Source: http://coolice.legis.state.ia.us

WASigned into law 04/2009P-12Renames components of the formula for allotment of appropriations for school plant facilities; adopts more accurate and descriptive names for the components of the state funding formula for the allotment of appropriations for school plant facilities, as recommended by the joint legislative task force on school construction funding, to promote clarity and transparency in the funding formula. Chapter 129
http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202009/5980.SL.pdf
Title: S.B. 5980
Source: http://apps.leg.wa.gov

KYSigned into law 03/2009P-12Allows school districts to apply to the commissioner of education to use capital outlay funds to purchase land, modify an existing school, and for maintenance or property insurance. Allows growth districts to apply for capital outlay funds for operating expenses for two years after a new school opens. Allows the levy for school facilities currently dedicated for the Facilities Support Program to be used to purchase land if approved. http://www.lrc.ky.gov/record/09RS/HB295/bill.doc
Title: H.B. 295
Source: Lexis-Nexis/StateNet

KYSigned into law 03/2009P-12Permits growth districts to request adjustments in the SEEK funds when average daily attendance in the current year for the 20-day school month with the most days in January exceeds the prior year's adjusted average daily attendance plus growth by at least 1%. Prescribes how the state portion of the SEEK program is calculated regarding the value of real estate. Authorizes the district to request to use capital outlay funds to purchase school buses or increased operational expenses. http://www.lrc.ky.gov/record/09RS/HB408/bill.doc
Title: H.B. 408
Source: Lexis-Nexis/StateNet

WASigned into law 02/2009P-12Finances the school construction assistance grant program; authorizes the state finance committee to issue general obligation bonds of the state of Washington in the sum of one hundred thirty-three million dollars, or as much thereof as may be required, to finance the school construction assistance grant program described and authorized by the legislature in the capital appropriations acts for the 2007-2009 and 2009-2011 fiscal biennia. Chapter 6.
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1113&year=2009
Title: H.B. 1113
Source: http://apps.leg.wa.gov

WYAdopted 02/2009P-12Amends rules regarding the development of long range comprehensive school building and facility plans for each district.
Title: Chapter 4
Source: Lexis-Nexis/StateNet

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

+ Finance--Federal
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