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
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+ Civic Education--Pledge of Allegiance
+ Class Size
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+ Curriculum--Core Curriculum
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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
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+ Curriculum--Mathematics
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Demographics--Condition of Children/Adults
+ Desegregation
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+ Education Research
+ Equity
+ Federal
+ Finance
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+ 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
+ Governance--Ethics/Conflict of Interest
- Governance--School Boards
CAVetoed 10/2009P-12Requires the governing board of a school district to appoint a pupil member or members within 30 days of receiving a petition from students to do so, or at its next regularly scheduled meetings if no meeting is held within 30 days of receipt of said petition. Authorizes a local board to adopt a resolution authorizing a pupil advisory board to assist the pupil member or members in executing duties relating to serving on the board. Bill: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1001-1050/ab_1007_bill_20090911_enrolled.pdf
Veto message: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1001-1050/ab_1007_vt_20091012.html
Title: A.B. 1007
Source: www.leginfo.ca.gov

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

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

NCSigned into law 08/2009P-12Requires all cities, counties, local boards of education, unified governments, sanitary districts, and consolidated city-counties to adopt a Code of Ethics for the governing board; requires the members of those governing boards to receive education on ethics laws applicable to local government officials. http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H1452v4.pdf
Title: H.B. 1452
Source: http://www.ncleg.net

NYSigned into law 08/2009P-12Amends membership of the New York City board of education. Increases number of members appointed by the mayor from seven to eight. Eliminates provision rendering the chancellor a voting member and chairperson of the city board. Replaces with provision making the chancellor an ex-officio non-voting member of the board, and directing the board to elect a chairperson from among its members. Prohibits any member of the city board from also serving as a member, officer or employee of any public authority or other entity where the New York mayor has a majority of the appointments. Specifies that two mayoral appointees to the city board must be parents of a child attending a public school in the district; provides that all parent members must be eligible to serve on the city board for two years after their child concludes attendance at a public school in the district. Specifies that vacancies on the city board must be filled within 90 days of the vacancy. Replaces provision requiring city board to hold 12 meetings per year with provision requiring the city board to hold at least one regular public meeting per month, and requiring at least one regular public meeting to be held in each borough per year. Requires notice of all regular city board meetings to be provided to all community superintendents, community district education councils, community boards and school based management teams at least 10 business days before such meeting.

Specifies content that must be included in a city board regular public meeting agenda, including contact information for a city district representative knowledgable about the agenda, from whom information may be obtained and written comments submitted regarding agenda items. Requires the city board chairperson to ensure sufficient time for public comment on any agenda item at every regular meeting prior to a city board vote. Requires minutes of all city board regular public meetings to be made publicly available in a timely manner and no later than the subsequent regular city board meeting.

Requires the city board by-laws to include a process to allow any city board member to request that items be placed on the board agenda. Allows such request to be made either at or before a city regular public meeting. Provides that if such a request is made at a public meeting, the chairperson must respond to such request at such meeting. http://assembly.state.ny.us/leg/?bn=A08903&sh=t
Title: A.B. 8903 - New York City Board Members and Meetings
Source: assembly.state.ny.us

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-12Amends provisions regarding eligibility of individuals serving as parent members of community district education councils in New York City. Permits a parent member to remain on a community district education council for two years after the member's child leaves a school under the council's jurisdiction. Provides that presidents and officers of parents'/parent-teachers' associations who are candidates for election as parent members of the community district education council are not eligible to cast votes in such selection process. Specifies that in such an instance, the association must elect a member to vote in the place of each such president or officer for purposes of the selection process. Provides community district education council members are ineligible to also serve on or be employed by the city-wide council on English language learners or the city-wide council on high schools. Amends provisions related to the filling of vacancies on community district education councils. Requires that the chancellor's procedures for selecting community council members ensure that at least one position on each community council is filled by a parent of a student who is an English language learner, and that at least one position is filled by a parent of a student with an individualized education program.

Adds two new subdivisions to section 2590-e relating to powers and duties of community boards in New York City. Authorizes community boards to (1) consult on the selection of a community superintendent and (20 hold a public hearing wtih the chancellor or deputy chancellor and the impacted school based management team regarding any proposed school closing or significant change in school utilization, including the phase-out, grade reconfiguration, re-siting or co-location of any public school in the community district. http://assembly.state.ny.us/leg/?bn=A08903&sh=t
Title: A.B. 8903 - Community District Education Councils
Source: assembly.state.ny.us

AZSigned into law 07/2009P-12Restricts election to a governing board of a school district of immediate family of members or prior members of such board. Chapter 90
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/summary/s.2432ed.doc.htm
Title: H.B. 2432
Source: http://www.azleg.gov

NCSigned into law 06/2009P-12Makes it unlawful for a school board member to willfully fail to discharge the duties of the office; adds school board members to list of city and county officials for which willful discharge of duties was already unlawul; provides for removal from office. http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H43v3.pdf
Title: H.B. 43
Source: http://www.ncga.state.nc.us

GASigned into law 05/2009P-12Defines immediate family member. Effective with local board members elected or appointed after July 2009, bars an individual who has an immediate family member on a local board or serving as the district superintendent or as a principal, assistant principal or system administrative staff in the district from being eligible to serve as a member of such local board of education.

Effective July 2009, bars an individual who has an immediate family member sitting on the local board for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff from serving as district superintendent.

Provides that neither provision affects the employment of such board members or superintendents prior to the effective date of these provisions. http://www.legis.state.ga.us/legis/2009_10/pdf/hb251.pdf
Title: H.B. 251 Section 2
Source: www.legis.state.ga.us

GASigned into law 05/2009P-12This section of H.B. 251 prohibits any person from being eligible to be appointed, employed, or to serve as superintendent of schools of any county or independent school system who has an immediate family member sitting on the local board of education for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009, by that school system.
http://www.legis.state.ga.us/legis/2009_10/pdf/hb251.pdf
Title: H.B. 251- Section Affecting Superintendent Selection
Source: www.legis.state.ga.us

NESigned into law 05/2009P-12No member of a school board shall be employed as a teacher by engaged in a contract to teach pursuant to sections 79-817 to 79-821 with the
school district which he or she serves as a board member.
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Slip/LB163.pdf
Title: L.B. 163
Source: http://www.nebraskalegislature.gov

OKSigned into law 05/2009P-12Relates to the school district boards of education nepotism prohibition to limit application of school board member nepotism prohibition when a person who is related to a member of the board of education within the second degree of consanguinity or affinity from being employed by the school district as a substitute teacher or as a temporary substitute support employee or if the district size is under 5,000.
http://webserver1.lsb.state.ok.us/2009-10bills/HB/HB1647_ENR.RTF
Title: H.B. 1647
Source: http://webserver1.lsb.state.ok.us

TNSigned into law 05/2009P-12Allows local boards of education to delegate authority regarding assignment of individual students for decision-making on certain matters.
http://www.capitol.tn.gov/Bills/106/Bill/SB0217.pdf
Title: S.B. 217
Source: http://www.capitol.tn.gov/Bills

ALSigned into law 04/2009P-12Effective March 1, 2010, requires local boards to adopt policies for orientation and ongoing training of board of education members.
Title: S.B. 220
Source: www.lexis.com

GASigned into law 04/2009P-12Provides that no person who is on the national or state sex offender registry may be eligible for election to or service on a local board of education. http://www.legis.state.ga.us/legis/2009_10/pdf/sb14.pdf
Title: S.B. 14
Source: www.legis.state.ga.us

MTSigned into law 04/2009P-12Allows school board trustees to meet outside district boundaries for purpose of collaboration with other boards, agencies or collaboratives; expands the disciplinary powers of school administrators; clarifies the laws governing student suspensions. Because state law prohibits business being transacted by the trustees of a district unless it is transacted at a regular
meeting or a properly called special meeting, expands the definition of ."unforeseen emergency" from a storm, fire, explosion, community disaster, insurrection, act of God, or other unforeseen destruction or impairment of school district property that affects the health and safety of the trustees, students, or district employees to include "or the educational functions of the district or violation of the student code of conduct, as defined in accordance with district policy, within a week of graduation."
http://data.opi.mt.gov/bills/2009/billpdf/HB0332.pdf
Title: H.B. 332
Source: http://data.opi.mt.gov

NHSigned into law 04/2009P-12Permits a school board to vote to add one or more high school students as members of the board; allows the school board to determine a procedure for rotating student representation on the board when there is more than one high school in the school district.
http://www.gencourt.state.nh.us/legislation/2009/HB0074.html
Title: H.B. 74
Source: http://www.gencourt.state.nh.us

COSigned into law 03/2009P-12Requires a school district board of education to make a recording of each regular and special meeting of the board and to make the recording available to the public. Requires the board to utilize the best technology available to the school district at the time the recording is made. Allows an individual or entity to request a copy of the recording, and requires the individual or entity to pay the costs incurred in providing the copy.
http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/162B15555BD3B11F87257537001FA672?open&file=1082_enr.pdf
Title: H.B. 1082
Source: http://www.leg.state.co.us/

IDSigned into law 03/2009P-12Provides that, in the event a vacancy is declared on the board of trustees of a school district and the board is unable to appoint a trustee from the zone vacated after ninety days, the board of trustees may appoint a person at-large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred; provides that after a certain period, appointments shall be made by the Board of County Commissioners. Chapter 57
http://www.legislature.idaho.gov/legislation/2009/H0078.htm
Title: H.B. 78
Source: http://www.legislature.idaho.gov

MTSigned into law 03/2009P-12Revises the conflicts of interests laws that prohibits a trustee from being employed in any capacity by the trustee's own school district. Adds a provision to allow a trustee to officiate at athletic competitions under the auspices of the State Officials Association.
http://data.opi.mt.gov/bills/2009/billpdf/SB0273.pdf
Title: S.B. 273
Source: http://data.opi.mt.gov

MTSigned into law 03/2009P-12Authorizes school trustee election by acclamation if the number of candidates for vacant school trustee positions is less than the number of positions to be elected.
http://data.opi.mt.gov/bills/2009/billpdf/HB0432.pdf
Title: H.B. 432
Source: http://data.opi.mt.gov

OKAdopted 03/2009P-12Defines the training requirements for new school board members. OKLAHOMA 15355
Title: OAC 210:20-23-3
Source: Lexis-Nexis/StateNet

SDSigned into law 03/2009P-12Provides that the voters of any school district may amend the number of board members by a majority vote of all voters.
http://legis.state.sd.us/sessions/2009/Bills/HB1067ENR.pdf
Title: H.B. 1067
Source: http://legis.state.sd.us

UTSigned into law 03/2009P-12Modifies provisions regarding local governmental entity and school district cooperation in education matters. Allows a representative of county government to attend and participate in the board discussions at local school board meetings. Requires local boards to give notice of board meetings to a representative of county government. http://le.utah.gov/~2009/bills/sbillenr/sb0092.pdf
Title: S.B. 92
Source: le.utah.gov

VASigned into law 03/2009P-12Provides additional direction to school boards in establishing and administering a grievance procedure to resolve disputes arising between the school board and certain employees; relates to suspensions and other disciplinary actions.
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB2089ER
Title: H.B. 2089
Source: http://leg1.state.va.us

+ Governance--School Boards--Training
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