ECS
From the ECS State Policy Database
2009 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2009. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
+ Accountability
+ Accountability--Accreditation
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Rewards
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--No Pass No Drive
+ Accountability--Sanctions/Interventions--No Pass No Play
+ Accountability--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--College Entrance Exams
+ Assessment--Computer Based
+ Assessment--End-of-Course
+ Assessment--Formative/Interim
+ Assessment--NAEP (NAEP Results and NAEP Organization)
+ Assessment--Performance Based/Portfolio
+ Assessment--Value Added
+ At-Risk (incl. Dropout Prevention)
+ At-Risk (incl. Dropout Prevention)--Alternative Education
+ At-Risk (incl. Dropout Prevention)--Drugs/Alcohol
+ Attendance
+ Attendance--Compulsory
+ Attendance--Statutory Ages (Upper and Lower)
+ Attendance--Truancy
+ Background Checks
+ Bilingual/ESL
+ Business Involvement
+ Career/Technical Education
+ Career/Technical Education--Career Academies/Apprenticeship
+ Cheating
+ Choice of Schools--Charter Schools
+ Choice of Schools--Charter Schools--Charter Districts
+ Choice of Schools--Charter Schools--Closings
+ Choice of Schools--Charter Schools--Cyber Charters
+ Choice of Schools--Charter Schools--Finance
+ Choice of Schools--Charter Schools--Research
+ Choice of Schools--Choice/Open Enrollment
+ Choice of Schools--Magnet or Specialized Schools
+ Choice of Schools--Vouchers
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Arts Education
+ Curriculum--Core Curriculum
+ Curriculum--Drivers Education
+ Curriculum--Environmental Education
+ Curriculum--Family Living Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Health/Nutrition Education
+ Curriculum--Home Economics
+ Curriculum--International Education
+ Curriculum--Language Arts
+ Curriculum--Language Arts--Writing/Spelling
+ Curriculum--Mathematics
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Demographics--Condition of Children/Adults
+ Desegregation
+ Economic/Workforce Development
+ Education Research
+ Equity
+ Federal
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Bonds
+ Finance--District
+ Finance--Equity
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ Finance--Litigation
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
+ Finance--Resource Efficiency
+ Finance--State Budgets/Expenditures
+ Finance--Student Fees
+ Finance--Taxes/Revenues
+ Finance--Taxes/Revenues--Alternative Revenues
+ Governance
- Governance--Deregulation/Waivers/Home Rule
GAAdopted 11/2009P-12Renames rule (previously titled "School District Contracts for Flexibility and Accountability to Improve Student Achievement") to "Investing in Educational Excellence (IE2): Local Education Agency Contracts for Flexibility and Accountability". Amends rule, which allows local education agencies (LEAs) to request increased flexibility from certain state laws in exchange for increased accountability and defined consequences. Repeals provision that allowed contracts to be renewed beyond the initial five-year term (for up to five additional years) if a district's performance met the contract goals. Adds section on public input and transparency. New section requires local boards, prior to approving local plans for submission to the state board, to notify the public regarding the LEA's intent to seek such a contract with the state, and to hold a public hearing providing an opportunity for public input on the strategic plan and proposed contract, including on the LEA' s flexibility requests and performance goals, and their impact on each school. Also requires that a public hearing be held if the LEA chooses to amend the terms of an existing contract or seek additional flexibility. Clarifies that the Governor's Office of Student Achievement's (GOSA) monitoring of districts regarding progress toward intermediate and five-year goals must be on an annual basis. Directs the GOSA to present annual written progress reports to the state board of education for each Investing in Educational Excellence contract. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-1-.33.pdf
Title: GAC 160 -5-1-.33
Source: www.doe.k12.ga.us

ILAdopted 11/2009P-12Partially from "Notice of Adopted Amendments" in Illinois Register (changes from this rulemaking but not listed below are technical in nature or echo recent changes in legislation):

Section 1.20: Revised to distinguish among the appropriate levels of sign-off on the corrective plan a district must submit depending on whether a school or the district has been placed on probation. Adds a provision allowing a district's or school's status to be changed to "nonrecognized" if, at any time that a corrective action plan is in effect, the state superintendent determines that the agreed-upon actions are not being implemented in accordance with the plan or the underlying areas of noncompliance are not being remedied.

Section 1.30: Updated to refer to state assessment accommodations now allowed for limited English proficient students, and now specifies when time extensions will be made available to those students (in response to P.A. 94-642, which authorized the state board to allow additional time "by rule"). Revises labels used to describe scores on the Illinois Alternate Assessment, and updates rule on review and verification of assessment information.

Section 1.100: Adds details so that staff of districts and other eligible applicants will have more specific guidance as to what is expected as part of the process for receiving waivers and modifications of requirements in the school code or administrative rules.

Section 1.240: Expanded to include a reference to gender identity among the prohibited bases for discrimination because it may otherwise not be clear that gender identity is encompassed in the definition of "sexual orientation".

Section 1.420: Adds provision specifying that each district's plan for recording student progress and/or awarding credit must include credit for courses completed by correspondence, online or from other external sources. Specifies that a district may count four clock-hours as a day of instruction only due to a condition beyond the district's control; specifies other requirements that must be met for the state superintendent to approve a district's request to use "multiple sessions" to fulfill school day requirements. Specifies that students in attendance for at least 150 but fewer than 240 minutes of school work may be counted for a half-day of attendance; students in attendance for fewer than 150 minutes of school work are not to be counted for purposes of calculating average daily attendance. Emphasizes the meaning of the portion of the rule on library media programs that distinguishes between the services that may be performed only by certified library information specialists and the other tasks that may be inherent in districts' operation of their programs.

Section 1.465 (on awarding of credit for foreign language study in an ethnic school program) and 1.480 (on correctional institution educational programs): Generally updated, including the insertion of current statutory citations.

Section 1.510: Main revision conveys state board's interpretation that districts may not pick and choose among students in the same situation once they elect to transport some students.

Section 1.737: Updated to complement new requirements for endorsements in safety and driver education that will take effect in 2012.

Pages 324-388 of 432: http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue45.pdf
Title: 23 IAC 1.20, .30, .100, .240, .420, .465, .480, .510, .737
Source: www.cyberdriveillinois.com

OHSigned into law 07/2009P-12Authorizes local boards to apply to the state superintendent for waivers from financial provisions established in Chapter 3306, including any applicable expenditure or reporting standard prescribed by rule adopted by statutory requirement, or or a waiver of any operating standard adopted under division (D)(3) of section 3301.07. Directs the state board to adopt standards for the approval or disapproval of such waivers. Requires the state superintendent to consider every waiver application, and to determine whether to grant or deny a waiver in accordance with the state board's standards. For each waiver granted, directs the state superintendent to specify the time period during which the waiver is in effect, up to five years. Allows a district to apply to renew a waiver.
Pages 1113-1114 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3306.40
Source: www.legislature.state.oh.us

OHSigned into law 07/2009P-12Existing law allows waivers from certain state mandates to school districts identified as "excellent" or "effective" under the state accountability system. New provision provides that such districts may not be released from any standard or requirement of Chapter 3306 (school finance), or from any operating standard adopted under division (D)(3) of section 3301.07.

Existing law allows schools to submit applications to the state board proposing an innovative education pilot program the implementation of which requires exemptions from specific statutory provisions or rules. New provision adds that an exemption from Chapter 3306 or from any operating standard adopted under division (D)(3) of section 3301.07 of the Revised Code may be granted only pursuant to a waiver granted by the superintendent of public instruction under section 3306.40.
Pages 1056-1057 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3302.05 and 3302.07
Source: www.legislature.state.oh.us

OHAdopted 03/2009P-12Authorizes the governing board of any educational service center, or the administrative authority of any chartered nonpublic school to submit an application to the state board for an exemption from specific statutes and/or rules in order to implement a proposed innovative education pilot program (previous rule allowed only school districts to submit a waiver application). Adds provision that an application requesting exemptions in order to provide professional development for educators may be granted for research-based high quality professional development activities as defined by state-board adopted professional development standards, which are available on the department's website, www.ode.state.oh.us. Requires the department to approve or disapprove each application within 45 days of receipt.

Provides a district identified as deficient or implementing a corrective action plan is eligible for a waiver. Provides an application to continue a program permitted by an exemption is not complete until an annual evaluation report is completed and submitted to the department. http://www.registerofohio.state.oh.us/pdfs/3301/0/46/3301-46-01_PH_FF_A_RU_20090313_1156.pdf
Title: OAC 3301-46-01
Source: www.lexis.com

OHAdopted 03/2009P-12Authorizes the governing board of any educational service center or the administrative authority of any chartered nonpublic school to submit an application for exemption from state policies in order to implement a proposed innovative education pilot program. Adds that an application requesting exemptions in order to provide professional development for educators may be granted for research-based high quality professional development activities as defined by standards for professional development adopted by the state board of education. Clarifies language on timeline and procedures for approval of applications. Adds that applications to continue approved programs are not considered complete until an annual evaluation report is completed and submitted to the department. http://www.registerofohio.state.oh.us/pdfs/3301/0/46/3301-46-01_PH_FF_A_RU_20090313_1156.pdf
Title: OAC 3301-46-01
Source: www.registerofohio.state.oh.us

+ Governance--Ethics/Conflict of Interest
+ Governance--School Boards
+ Governance--School Boards--Training
+ Governance--Site-Based Management
+ Governance--State Boards/Chiefs/Agencies
+ Health
+ Health--Child Abuse
+ Health--Mental Health
+ Health--Nutrition
+ Health--School Based Clinics or School Nurses
+ Health--Suicide Prevention
+ Health--Teen Pregnancy
+ High School
+ High School--Advanced Placement
+ High School--College Readiness
+ High School--Dropout Rates/Graduation Rates
+ High School--Dual/Concurrent Enrollment
+ High School--Early Colleges/Middle Colleges
+ High School--Exit Exams
+ High School--GED (General Education Development)
+ High School--Graduation Requirements
+ High School--International Baccalaureate
+ Instructional Approaches
+ Instructional Approaches--Grading Practices
+ Instructional Approaches--Homeschooling
+ Instructional Approaches--Problem Based Learning
+ Instructional Approaches--Single-Sex Education
+ Instructional Approaches--Time/Time on Task
+ Integrated Services/Full-Service Schools
+ International Benchmarking
+ Leadership
+ Leadership--District Superintendent
+ Leadership--District Superintendent--Compensation and Diversified Pay
+ Leadership--Principal/School Leadership
+ Leadership--Principal/School Leadership--Certification and Licensure
+ Leadership--Principal/School Leadership--Compensation and Diversified Pay
+ Leadership--Principal/School Leadership--Evaluation and Effectiveness
+ Leadership--Principal/School Leadership--Preparation
+ Middle School
+ Minority/Diversity Issues
+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ Minority/Diversity Issues--Hispanic
+ No Child Left Behind
+ No Child Left Behind--Adequate Yearly Progress
+ No Child Left Behind--Assessment
+ No Child Left Behind--Choice/Transfer
+ No Child Left Behind--Consequences for Schools
+ No Child Left Behind--Finance
+ No Child Left Behind--Report Cards
+ No Child Left Behind--School Support
+ No Child Left Behind--Supplemental Services
+ Online Learning--Digital/Blended Learning
+ Online Learning--Virtual Schools/Courses
+ P-16 or P-20
+ P-3
+ P-3 Child Care
+ P-3 Content Standards and Assessment
+ P-3 Early Intervention (0-3)
+ P-3 Ensuring Quality
+ P-3 Evaluation/Economic Benefits
+ P-3 Finance
+ P-3 Governance
+ P-3 Grades 1-3
+ P-3 Kindergarten--Full Day Kindergarten
+ P-3 Preschool
+ P-3 Teaching Quality/Professional Development
+ Parent/Family
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+ Partnerships--University/School
+ Postsecondary
+ Postsecondary Accountability
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+ Postsecondary Affordability--Financial Aid
+ Postsecondary Affordability--Textbooks
+ Postsecondary Affordability--Tuition/Fees
+ Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans
+ Postsecondary Faculty
+ Postsecondary Faculty--Compensation
+ Postsecondary Faculty--Intellectual Property
+ Postsecondary Faculty--Teaching Assistants
+ Postsecondary Finance
+ Postsecondary Finance--Efficiency/Performance-Based Funding
+ Postsecondary Finance--Facilities
+ Postsecondary Governance and Structures
+ Postsecondary Institutions--Community/Technical Colleges
+ Postsecondary Institutions--For-Profit/Proprietary
+ Postsecondary Institutions--Private/Independent
+ Postsecondary Online Instruction
+ Postsecondary Participation
+ Postsecondary Participation--Access
+ Postsecondary Participation--Admissions Requirements
+ Postsecondary Participation--Affirmative Action
+ Postsecondary Participation--Outreach
+ Postsecondary Students
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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
+ Postsecondary Success--Transfer/Articulation
+ Private Schools
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+ Reading/Literacy
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+ Religion
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+ Scheduling/School Calendar--Extended Day Programs
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+ Scheduling/School Calendar--Week
+ Scheduling/School Calendar--Year
+ School Safety
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+ 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 Populations--Military
+ Standards
+ State Longitudinal Data Systems
+ State Policymaking
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+ Student Achievement
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+ Students
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+ Teaching Quality
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+ 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