ECS
From the ECS State Policy Database
2010 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 2010. 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
+ 21st Century Skills
+ Accountability
+ Accountability--Accreditation
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Rewards
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--College Entrance Exams
+ Assessment--Computer Based
+ Assessment--Formative/Interim
+ 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
ILSigned into law 12/2010P-12Authorizes a fee, not to exceed the cost of the background check, to be charged to applicants seeking employment as a substitute teacher. Provides that in order to substitute teach in the public schools, a person holding valid certification must register as a substitute teacher with the regional superintendent of schools in each educational service region where the person will be employed. Specifies that the registrant is responsible for:
--The payment of fees to register the certificate for its period of validity
--Authorization of a state-level background check (and for the payment of the related costs)
--Evidence of physical fitness and freedom from communicable disease.

Places responsibility for recordkeeping for substitute teacher certification, background checks and physical exam results on regional superintendents. Directs a regional superintendent of schools to issue a signed and sealed certificate of authorization to the substitute teacher verifying that he/she has completed the registration process and criminal background check and has a physical examination and negative tuberculin test on file, and is approved to substitute teach in the educational service region. Requires that this certificate be presented to all prospective employing school districts in the educational service region, and that each employing district maintain a photocopy of the certificate with employment records for the substitute teacher. Requires that persons wishing to substitute teach in more than one educational service region register as a substitute teacher with each appropriate regional superintendent of schools. Provides that if the substitute teacher has been issued a signed and sealed certificate of authorization from another regional
superintendent of schools, the registering entity may photocopy the certificate for its files and verify the substitute teacher's registration status.

Bill becomes effective January 1, 2011.
Bill text: http://www.ilga.gov/legislation/96/HB/PDF/09600HB5863lv.pdf
Governor's veto message: http://www.ilga.gov/legislation/96/HB/PDF/09600HB5863gms.pdf
Title: H.B. 5863
Source: www.ilga.gov

CASigned into law 09/2010P-12Applies specified background check procedures to heritage schools, which serve children between the ages of 5 and 18 who attend a public or private full-time school, and offer foreign language education or tutoring and cultural education relating to a foreign country.

Requires heritage schools to maintain membership in a state or national cultural or language association, comply with relevant applicable local regulations, and not operate out of a residential home. Requires the director of a heritage school to undergo at least 15 hours of health and safety training, and requires employees and volunteers of the heritage school to be in good health, as verified by a health screening performed by a licensed physician and surgeon. Exempts a heritage school from licensure by the state department of social services as a child day care center. Requires a heritage school to provide a notice to the parent of a pupil enrolling in the school stating that the school is exempt from child care licensure and that attendance at a heritage school does not satisfy state compulsory education requirements.

Establishes the Heritage Enrichment Resource Fund. Authorizes the superintendent to expend moneys deposited in the fund, upon appropriation by statute.
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1101-1150/sb_1116_bill_20100924_chaptered.pdf
Title: S.B. 1116
Source: www.leginfo.ca.gov

CASigned into law 08/2010P-12Existing law requires the commission on teacher credentialing to send on a monthly basis to each private school a list of all teachers who have had their state teaching credential revoked or suspended. New provision instead requires the commission to make available to each private school a listing of all credentialholders who have had final adverse action taken against their credential.
Bill: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2651-2700/ab_2685_bill_20100823_chaptered.pdf
Bill analysis: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2651-2700/ab_2685_cfa_20100803_103810_sen_floor.html
Title: A.B. 2685
Source: www.leginfo.ca.gov

CASigned into law 07/2010P-12Amends Section 45125.01. Adds to existing provision allowing a single district or county superintendent to act on behalf of multiple districts to run a background check if a person is an applicant for employment, or is employed on a part-time or substitute basis, in a position not requiring certification qualifications in multiple school districts within a county. New provision extends this provision to include background checks on noncertificated candidates assuming a paid or volunteer position.

Amends Section 49024. Specifies that a parent volunteering in a classroom or on a field trip, or a community member providing noninstructional services, is included in the definition of "nonteaching volunteer aide" (and as such, is not required to obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing). Adds that the requirement to obtain a certificate does not
apply to a candidate who is required by the school district to clear a Department of Justice and FBI criminal background check prior to beginning the paid or volunteer activities.
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0301-0350/ab_346_bill_20100709_chaptered.pdf
Title: A.B. 346
Source: www.leginfo.ca.gov

NCSigned into law 07/2010P-12Requires superintendents to report to the state board of education on career employees who resign without the written agreement of the superintendent and have been recommended for dismissal; Provides that the employee will be viewed as having consented to: (1) having written notice of the superintendent's intention to recommend dismissal placed in the employee's personnel file and (2) the release, upon request, to prospective employers of the fact that the superintendent has reported the employee to the state board and that pending a state board investigation to determine whether to pursue action against the employee's license, the employee will be deemed to have voluntarily surrendered his or her license for up to 45 days from the date of the resignation. http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H1377v6.pdf
Title: H.B. 1377
Source: http://www.ncga.state.nc.us

NHSigned into law 07/2010P-12This bill requires the superintendent to notify, in writing, all qualified education support personnel and non-certified school district employees who have completed their probationary employment period of the intent to continue or not to continue that employment into the next school year.
http://www.gencourt.state.nh.us/legislation/2010/HB1411.html
Title: H.B. 1411
Source: http://www.gencourt.state.nh.us

GASigned into law 05/2010P-12Replaces requirement that the department of education (DOE) annually send each school a list of all registered sex offenders with requirement that DOE provide each school with access to such information. http://www.legis.state.ga.us/legis/2009_10/pdf/hb651.pdf
Title: H.B. 651
Source: www.legis.state.ga.us

OKSigned into law 05/2010P-12Allows a local board to request in writing to the state board that a national criminal history record check be conducted on any school employee and requires that one be conducted for a prospective employee.
http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB2199_ENR.RTF
Title: S.B. 2199
Source: http://webserver1.lsb.state.ok.us

SCSigned into law 05/2010P-12Criminal Record Search: Requires individuals hired by a local school board to serve in any capacity in a public school to undergo a criminal record search conducted by the local school district using records maintained by the state law enforcement division; requires a local school board to adopt, by August 1, 2010, a written policy that specifies the required criminal record search as well as how the information received from the search impacts hiring decisions; the board policy must stipulate whether the district or the applicant assumes the cost of the criminal record search and must include, at a minimum (1) a prohibition of hiring individuals convicted of violent crimes as defined in state statute and (2) hiring recommendations relative to felony convictions and relevant just-cause examples as provided in state statute; directs the state law enforcement division, working with the department of education, to provide training to appropriate school district personnel regarding appropriate use of the information provided in criminal record searches.

Sex Offender Registry Check: Requires school districts to perform a national sex offender registry check on all district employees hired to serve in any capacity in a public school and all volunteers who work in a school on an interim or regular basis as mentors, coaches, or any other capacity, or volunteers who serve as student chaperones or any other capacity having direct interaction with students; directs the state law enforcement division, working with the department of education, to provide training to appropriate district personnel on the appropriate uses of the database; requires the board to adopt, by August 1, 2010, a written policy that specifies the sex offender registry check as well as how information received from the search impacts hiring decisions; requires the policy to include, at a minimum, a prohibition of hiring individuals required to register as sex offenders pursuant state statute. http://www.scstatehouse.gov/sess118_2009-2010/bills/4248.htm
Title: H.B. 4248
Source: http://www.scstatehouse.gov

KYSigned into law 04/2010P-12Requires the state board of education or any agency designated by the state board to manage interscholastic athletics to promulgate administrative regulations that permit the hiring of a nonteaching or noncertified person in a coaching position. Requires that a person employed in a coaching position be a high school graduate and at least 21 years old, and submit to a background check. Requires that the administrative regulations specify post-hire requirements for persons employed in coaching positions. Authorizes a local school board to specify post-hire requirements for personnel employed in coaching positions in addition to those specified in administrative regulations. Encourages the state board of education or any agency designated by the state board to manage interscholastic athletics to schedule athletic competitions outside the regularly scheduled school day. Permits a student on a school-sponsored athletic team competing during the school day in a regional or state tournament sanctioned by the state board or other agency designated to manage interscholastic athletics to be counted present during the days of the competition, for up to two days a year. http://www.lrc.ky.gov/record/10RS/HB327/bill.doc
Title: H.B. 327
Source: www.lrc.ky.gov

KYSigned into law 04/2010P-12Permits private, parochial and church schools to require a national and state criminal background check on each certified teacher once every five years of employment after the initial check. http://www.lrc.ky.gov/record/10RS/HB447/bill.doc
Title: H.B. 447
Source: www.lrc.ky.gov

TNSigned into law 04/2010P-12Requires approval by the director of schools or the director's designee for a teacher to take personal leave on days when professional development, in-service training, or parent-teacher conferences are scheduled, according to a school calendar adopted by the local board of education prior to the commencement of the school year.
http://www.capitol.tn.gov/Bills/106/Bill/SB2630.pdf
Title: S.B. 2630
Source: http://www.capitol.tn.gov

ALSigned into law 03/2010P-12Adds new Section 36-6-49.25. Relates to commercial driver licenses issued by the department of public safety. Effective July 2010, prohibits the issuance or renewal of a commercial driver's license with an endorsement authorizing the license holder to drive a school bus (S endorsement) if the person is required to register as a sex offender. Directs the department to revoke the commercial driver license with an S endorsement of any person convicted of any offense on or after July 1, 2010. Requires the department of public safety to search both the statewide registry and the National Sex Offender Public Registry before issuing a commercial driver license with an S endorsement to an applicant. Provides that a person driving a school bus and who does not have a valid commercial driver license with an S endorsement because the person is a convicted sex offender is guilty of a Class C felony.
Title: H.B. 144
Source: www.lexis.com

UTSigned into law 03/2010P-12Modifies provisions regarding criminal background checks for employees of, or volunteers at, school districts, charter schools and private schools. Defines "contract employees" (staffing service employees) and includes them among school employees who must undergo background checks. Directs a district or charter school to require an employee to periodically submit to a criminal background check in accordance with state board or local board/charter school policies. Provides that a district, charter school or private school may require an applicant or employee to pay for the costs of a periodic criminal background check. Allows the state board of education to require an educator to submit to a criminal background check where reasonable cause exists. Requires a district or charter school to resolve any request for a review of a denial of or dismissal from employment through administrative procedures established by the school district or charter school. http://le.utah.gov/~2010/bills/hbillenr/hb0081.pdf
Title: H.B. 81
Source: le.utah.gov

ALSigned into law 02/2010P-12Provides that after determining the state board's proposed July 2009 amendment to Rule 290-4-1, creating the "Alabama Educator Code of Ethics," was ambiguous and incapable of being enforced as currently drafted, the legislative joint committee disapproved the proposed rule change and proposed a revised rule to be adopted by the board. Provides the state board of education refused to accept the recommended amendment and resubmit the revised rule while continuing to support the original proposed rule. Provides that because the state board of education refused to accept the proposed amendment and resubmit the revised rule proposed by the Joint Committee, the decision of the Joint Committee to disapprove the proposed amendment to Rule 290-4-1, entitled "Education Accountability," is sustained.
Title: S.J.R. 9
Source: www.lexis.com

ILAdopted 01/2010P-12Requires each applicant for issuance, renewal or registration of an Illinois certificate or for the addition of another credential (e.g., endorsement, approval, designation) to indicate whether he/she has ever had a certificate denied, suspended or revoked in Illinois or any other state. Pages 214-215 of 293: http://www.cyberdriveillinois.com/departments/index/register/register_volume34_issue5.pdf
Title: 23 IAC 25.485
Source: www.cyberdriveillinois.com

UTAdopted 01/2010P-12Revised provision clarifies that the Utah State Office of Education (USOE) must review reports received from the department of public safety (DPS) regarding arrests/convictions of current or prospective licensees (prior language referred only to reviewing data received from employers on currently licensed educators). Requires current or prospective licensees who are arrested or convicted to immediately submit fingerprints to the DPS for a background check. Requires the USOE to place a flag on the licensee's CACTUS [licensed educator data] file indicating a background check issue, and to evaluate the need for potential licensing action. http://www.rules.utah.gov/publicat/bulletin/2009/20091101/33052.htm
Title: R277-516
Source: www.rules.utah.gov

+ Bilingual/ESL
+ Business Involvement
+ Career/Technical Education
+ Career/Technical Education--Career Academies/Apprenticeship
+ Choice of Schools--Charter Schools
+ Choice of Schools--Charter Schools--Charter Districts
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+ Civic Education
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+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
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+ Curriculum--Censorship
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+ Curriculum--Excusal
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+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Geography Education
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+ Whole-School Reform Models