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
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+ 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
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+ Attendance--Statutory Ages (Upper and Lower)
+ Attendance--Truancy
+ Background Checks
+ Bilingual/ESL
+ Business Involvement
+ Career/Technical Education
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+ 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
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+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Arts Education
+ Curriculum--Core Curriculum
+ Curriculum--Drivers Education
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+ 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
CAVetoed 10/2009P-12Authorizes school districts to create an education finance district that may impose a qualified special tax that applies uniformly to all taxpayers or all real property within the school district or education finance district pursuant to specified procedures. Bill: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0251-0300/ab_267_bill_20090916_enrolled.pdf
Veto message: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0251-0300/ab_267_vt_20091011.html
Title: A.B. 267
Source: www.leginfo.ca.gov

PASigned into law 10/2009P-12Makes amendments to the Tax Reform Code. These amendments include provision that makes changes to the Educational Improvement Tax Credit (EITC) program: Adds students with a disability and special education schools to those benefitting from the program; increases the maximum annual household income limit for student eligibility in FY 2011-2012 to $60,000; increases the income allowance in FY 2011-2012 to $12,000 and adds an annual CPI adjustment for both beginning in July, 2012; includes a multiplier to be applied to the annual household income for famlies with students with disabilities; expands the eligible pre-K program to allow programs that operate over the summer recess to qualify for the EITC program.
http://www.legis.state.pa.us/WU01/LI/BI/FN/2009/0/HB1531P2748.pdf
Title: H.B. 1531
Source: Fiscal Note 10/07/2009

ILSigned into law 08/2009P-12Provides that, with respect to equalized assessed valuation data, if a school district has approved or does not approve an increase in its limiting rate, the Extension Limitation Equalized Assessed Valuation of the district must be determined by the use of a specified formula. http://www.ilga.gov/legislation/96/SB/PDF/09600SB2051lv.pdf
Title: S.B. 2051
Source: Lexis-Nexis/StateNet

OHVetoed 07/2009P-12Excludes tangible personal property phase-out impacted districts from the definition of "average taxable value". Defines "tangible personal property phase-out impacted district" as a school district for which the taxable value of its tangible personal property for tax year 2005, excluding the taxable value of public utility personal property, made up 20%or more of its total taxable value for tax year 2005.

Pages 1340- of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3318.011
Source: www.legislature.state.oh.us

OHSigned into law 07/2009P-12Makes changes to the methods by which school district operating levies are approved.
Pages 2449-2455 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 5705.219, 5705.2110, 5705.211
Source: www.legislature.state.oh.us

OHSigned into law 07/2009P-12From the DOE summary of H.B. 1:

--Authorizes school districts levying current expense taxes with an aggregate effective tax rate exceeding 20 mills on residential/agricultural real property to convert that excess millage, with voter approval, to a single levy for a specified amount of money and for a term of up to 10 years or continuously.
--Specifies that a school district conversion levy applies to the tax year in which voters approve it and authorizes voters to repeal a conversion levy that originally was imposed for a continuing period of time. Specifies that, if a conversion levy is repealed, reimbursement based on passage of the levy is terminated.
--Requires a conversion levy and the renewal of a conversion levy to be proposed only at a primary or general election.
--Requires the state to reimburse a school district levying a conversion tax for the amount of tax revenue lost from nonresidential/agricultural real property and public utility personal property due to the conversion. Phases out the requirement over 13 years.
--Authorizes school boards to propose conversion levies for five years (2010 through 2014).
--Authorizes a school board eligible to impose a conversion levy under the bill to propose that the levy raise a smaller amount (from Class I property) than the levies that the conversion levy would replace. Specifies that, if a school board chooses to levy a smaller amount, it will not receive additional reimbursement for the nonresidential/agricultural real property and public utility tangible personal property losses incurred by a smaller conversion levy.
--Prevents a school board eligible to impose a conversion levy from repealing fewer mills than is necessary to reduce the effective tax rate for current expense levies on residential/agricultural real property to 20 mills.
Pages 2449-2455 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
DOE summary of H.B. 1: http://www.education.ohio.gov/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635
Title: H.B. 1 - Section 5705.219
Source: www.legislature.state.oh.us

ORSigned into law 06/2009P-12Requires a state agency or state official that issues a permit for structural improvements to collect construction taxes imposed by a school district; exempts long term care facilities, residential care facilities, and continuing care retirement communities from construction taxes; authorizes an entity or official collecting taxes to recoup collection expenses in a specified amount; allows the Department of Consumer and Business Services to impose an administrative fee. Chapter 534
http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2014.en.pdf
Title: H.B. 2014
Source: http://www.leg.state.or.us/

TXSigned into law 06/2009P-12Section 69: Adds new section 45.0531. Authorizes the state board by rule to establish a percentage of the cost value of the permanent school fund to be reserved from use in guaranteeing bonds.
Section 70: Requires districts seeking state guarantee of eligible bonds to use a form adopted by the commissioner for this purpose.
Section 71: Adds reference to credit enhancement.
Section 72: Authorizes the commissioner to order a district to set an ad valorem tax rate capable of producing an amount of revenue sufficient to allow the district to provide reimbursement to the permanent school fund and pay the principal of and interest on district bonds as the principal and interest become due. Provides that if a district fails to comply with the commissioner's order, the commissioner may impose any sanctions ennumerated in "Accreditation Sanctions," Subchapter G, Chapter 39, including appointment of a board of managers or annexation to another district, regardless of the district's accreditation status or the duration of a particular accreditation status. Pages 69-72 of 108: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB03646F.pdf
Title: H.B. 3646 - Sections 69-72
Source: www.legis.state.tx.us

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

VTSigned into law 06/2009P-12Decreases the educational property tax base rates to $ 1.35 for nonresidential property and $ 0.86 for homestead property.
http://www.leg.state.vt.us/docs/2010/Acts/ACT060.pdf
Title: H.B. 12
Source: http://www.leg.state.vt.us

ALSigned into law 05/2009P-12(Constitutional Amendment) Proposes an amendment to the Constitution to provide that special county education taxes taxes may be levied by a majority vote, not by three-fifths vote, of those voting at the election.
Title: H.B. 253
Source: Lexis-Nexis/StateNet

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

INSigned into law 04/2009P-12Relates to county auditor tax distributions; requires the county auditor to distribute the part of the certified distribution that constitutes property tax replacement credits to other taxing units not later than ten days after the county treasurer receives the distribution from the state; relates to property tax replacement credits to each civil taxing unit and school corporation that is a recipient of property tax replacement credits. Public Law 26
http://www.state.in.us/legislative
Title: H.B. 1432
Source: http://www.state.in.us/legislative

TXAdopted 04/2009P-12Establishes rules concerning additional state aid for ad valorem tax credits under the Texas Economic Development Act. Allows the commissioner of education to implement and administer the provisions of the Texas Education Code (TEC), which authorizes an eligible school district to receive state aid equal to the amount of all qualified economic development tax credits credited against the district's ad valorem taxes in a school year.
Title: 19 TAC 2.61.AA.61.1019
Source: Lexis-Nexis/StateNet

IDSigned into law 03/2009P-12Relates to Urban Renewal Districts; revises application for school levies for supplemental maintenance and operation for calculating the tax rate.
Chapter 50
http://www.legislature.idaho.gov/legislation/2009/S1091PrinterFriendly.htm
Title: S.B. 1091
Source: http://www.legislature.idaho.gov

NVSigned into law 03/2009P-12Imposes an additional tax on the gross receipts from the rental of transient lodging in certain counties to be deposited into the state Supplemental School Support Fund for distribution to school districts and charter schools; requires voter approval. Chapter 4
http://www.leg.state.nv.us/
Title: I.P. 1
Source: http://www.leg.state.nv.us/

SDSigned into law 03/2009P-12Revises the annual property tax levies for the general fund of a school district; provides that any adjustment to the levy for agricultural property shall be based upon the change in the statewide agricultural taxable valuation and the reclassification of agricultural property to another property classification.
http://legis.state.sd.us/sessions/2009/Bills/SB149ENR.pdf
Title: S.B. 149
Source: http://legis.state.sd.us

WISigned into law 02/2009P-12
Postsec.
Provides a total of $2,630,000 in grant moneys to certain organizations in the building trades to provide job training and retraining programs, including training in green building and the installation of alternative energy systems. The following organizations receive funds under this bill: 1) the Wisconsin Regional Training Partnership/Building Industry Group Skilled Trades Employment Program; 2) Painters and Allied Trades, District Council 7; 3) Wisconsin State Council of Carpenters; 4) Wisconsin Pipe Trades Association, Local 75; 5) Wisconsin
Laborers' District Council; 6) Wisconsin Operating Engineers; and 7) International Brotherhood of Electrical Workers. As a condition of receiving the grant moneys, each organization must enter into a contract with Commerce that specifies permissible uses of the grant moneys and requires the organization to comply with reporting and accountability measures. directs the Wisconsin Technical College System Board to award to technical college district boards at least $1,000,000 annually in training program grants for training in advanced manufacturing skills, with priority given to welding. Relates to enterprise zone tax credits, health and higher education project funding, green building job training, mortgage lender licensure, foreclosure consultants, foreclosure education and assistance, hospital assessment Medicaid funding, Wisconsin Works child care, state building repair funding, federal stimulus funding, local energy equipment funding, business franchise tax credits, out-of- state sales tax collection, digital goods sales taxes, subprime loan refinancing, and transportation funding.
http://www.legis.state.wi.us/2009/data/acts/09Act2.pdf
Title: S.B. 62
Source: http://www.legis.state.wi.us

+ 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)
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+ Parent/Family
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+ Postsecondary
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+ Postsecondary Affordability--Tuition/Fees
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+ 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
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+ Postsecondary Participation--Admissions Requirements
+ Postsecondary Participation--Affirmative Action
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+ Postsecondary Students
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+ 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
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+ Private Schools
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+ Religion
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+ Scheduling/School Calendar--Week
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+ 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
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+ Special Education--Transition
+ Special Populations--Corrections Education
+ Special Populations--Foster Care
+ Special Populations--Gifted and Talented
+ Special Populations--Homeless Education
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+ Special Populations--Military
+ Standards
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Task Forces/Commissions
+ STEM
+ Student Achievement
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+ Student Supports--Counseling/Guidance
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+ Students
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+ Students--Employment
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+ Students--Records/Rights
+ Teaching Quality
+ Teaching Quality--Certification and Licensure
+ Teaching Quality--Certification and Licensure--Alternative
+ Teaching Quality--Certification and Licensure--Assignment
+ Teaching Quality--Certification and Licensure--Highly Qualified Teachers
+ Teaching Quality--Certification and Licensure--Natl. Bd. for Prof. Teach. Stds.
+ Teaching Quality--Certification and Licensure--Special Education
+ Teaching Quality--Certification and Licensure--State Prof. Standards Bds.
+ Teaching Quality--Certification and Licensure--Substitute Teachers
+ Teaching Quality--Compensation and Diversified Pay
+ Teaching Quality--Compensation and Diversified Pay--Pay-for-Performance
+ Teaching Quality--Compensation and Diversified Pay--Retirement/Benefits
+ Teaching Quality--Evaluation and Effectiveness
+ Teaching Quality--Induction Programs and Mentoring
+ Teaching Quality--Paraprofessionals
+ Teaching Quality--Preparation
+ Teaching Quality--Professional Development
+ Teaching Quality--Recruitment and Retention
+ Teaching Quality--Recruitment and Retention--At-Risk Schools
+ Teaching Quality--Recruitment and Retention--High-Needs Subjects
+ Teaching Quality--Reduction in Force
+ Teaching Quality--Teacher Attitudes
+ Teaching Quality--Teacher Rights
+ Teaching Quality--Tenure or Continuing Contract
+ Teaching Quality--Unions/Collective Bargaining
+ Teaching Quality--Working Conditions
+ Technology
+ Technology--Computer Skills
+ Technology--Devices/Software/Hardware
+ Technology--Equitable Access
+ Technology--Funding Issues
+ Technology--Teacher/Faculty Training
+ Textbooks and Open Source
+ Urban
+ Urban--Governance