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
+ 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
+ Choice of Schools--Charter Schools--Closings
+ Choice of Schools--Charter Schools--Cyber Charters
+ Choice of Schools--Charter Schools--Finance
+ Choice of Schools--Choice/Open Enrollment
+ Choice of Schools--Choice/Open Enrollment--Research
+ Choice of Schools--Magnet or Specialized Schools
+ Choice of Schools--Tax Credits
+ Choice of Schools--Vouchers
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Civic Knowledge and Literacy
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Alignment
+ Curriculum--Arts Education
+ Curriculum--Censorship
+ Curriculum--Drivers Education
+ Curriculum--Excusal
+ Curriculum--Family Living Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Geography Education
+ Curriculum--Health/Nutrition Education
+ Curriculum--Language Arts
+ Curriculum--Language Arts--Writing/Spelling
+ Curriculum--Mathematics
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Demographics--Enrollments
+ Economic/Workforce Development
+ Equity
+ Federal
+ Finance
+ Finance--Bonds
+ Finance--District
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
+ Finance--Private Giving
+ Finance--Resource Efficiency
- Finance--State Budgets/Expenditures
CASigned into law 10/2010P-12Allows the state to defer up to $3.2 billion in payments to school districts until additional funding can be found. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1601-1650/ab_1624_bill_20101008_chaptered.pdf
Title: A.B. 1624
Source: www.leginfo.ca.gov

MISigned into law 09/2010P-12Requires the state department of education to work with districts that operate as a school of excellence cyber school and districts that operate an alternative education program with a seat-time waiver to provide a report to the legislature and the state budget director on all of the following: (1) Each district operating a program and the districts that enroll students in their program; (2) The total number of students and membership pupils enrolled in each program; (3) The district in which each pupil is enrolled if other than the district with the seat-time wavier or the cyber school; (4) The district in which the pupil was enrolled prior to enrolling in the cyber school or the district with a seat-time waiver program; (5) The number of participating students who had previously dropped out of school; (6) The number of participating students who had previously been expelled from school; (7) The cost per pupil paid to each online education provider; (8) The cost per pupil charged to school districts that enroll their students in the program; and (9) The name of each online education provider contracted by a district with a seat-time waiver or a cyber school and the state in which the online education provider is located.
http://www.legislature.mi.gov/documents/2009-2010/publicact/htm/2010-PA-0164.htm
Title: S.B. 1154 - Sec. 903
Source: http://www.legislature.mi.gov

TXAdopted 06/2010P-12Primarily from Texas Register:
Amends provisions to accommodate the 2009 General Appropriations Act (SB 1), which requires that a new funding formula be allocated based on need for persons beyond the age of compulsory attendance who have not received a high school diploma and paid based on student performance and contact hours. (Statutory authority for rule action relating to adult education remains with the state board of education.) Rules relating to definitions, use of funds, essential program components, and the advisory committee are amended. New rules are added to address the new funding structure to be implemented beginning with school year 2010-2011, including allocation of funds, payment of funds and match requirements. New rules are also added to establish provisions relating to potential grantees, revocation and recovery of funds.

The proposed rule actions would reflect changes resulting from the General Appropriations Act, Senate Bill (SB) 1, Article III, Rider 46, 81st Texas Legislature, 2009. Adopted as published in the April 2, 2010 Texas Register (pp 10-13 of 43): http://www.sos.state.tx.us/texreg/pdf/backview/0402/0402prop.pdf
Title: 19 TAC 89.21, 22, 23, 28, 29, 30, 31, 32, 33, 34, 35
Source: www.sos.state.tx.us

GASigned into law 05/2010P-12From bill summary: Temporarily waives certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction. Temporarily provides for system average maximum class sizes in grades K-8. Provides for blanket waivers or variances of class size requirements.
http://www.legis.state.ga.us/legis/2009_10/pdf/hb908.pdf
Title: H.B. 908
Source: www.legis.state.ga.us

HISigned into law 05/2010P-12Appropriates Hawaii hurricane relief fund moneys to make funds available to restore instructional days for the 2010-11 school year if an agreement or agreements to restore instructional days are negotiated pursuant to the collective bargaining process. http://www.capitol.hawaii.gov/session2010/Bills/SB2124_CD1_.HTM
Title: S.B. 2124
Source: www.capitol.hawaii.gov

VTEligible for GOVERNOR'S desk. 05/2010P-12Proposes to implement results of the earlier "Challenges for Change" legislation. Education-related provisions (beginning page 141) include the following: In order to achieve a two-percent reduction in education spending statewide, directs the commissioner of education to determine and allocate a recommended individualized amount of reductions in FY 2012 education spending to each supervisory union and to each technical center district, which in the aggregate totals $23,200,000.00. The commissioner is to consider factors such as:
(1) demonstrated fiscal restraint; (2) per-pupil administrative costs; (3) student-to-staff ratios; (4) the percentages of students from economically deprived backgrounds or for whom English is not the first language or both; and (5) other unique circumstances that affect education spending. On or before August 1, 2010, the commissioner is to notify each supervisory union and technical center district of the recommended individualized amount by which FY 2012 education spending should be reduced below FY 2011 education spending. School boards are to work jointly to achieve the necessary reductions.
http://www.leg.state.vt.us/docs/2010/bills/Passed/H-792.pdf
Title: H.B. 792
Source: http://www.leg.state.vt.us

ALSigned into law 04/2010P-12The state of Alabama issued $66.5 million in bonds dedicated toward public education. These bonds were paid for through dedicated state excise tax revenue. Details about this borrowing program must be provided to the chairs of the house education appropriation committee and the senate finance and taxation-education committee before the bonds are issued.
Title: H.B. 743
Source: www.lexis.com

MDSigned into law 04/2010P-12Waives the fiscal 2010 county maintenance of effort (MOE) penalty for public education; Directs the Senate Budget and Taxation Committee and the House Ways and Means Committee to study the appropriate calculation of the penalty for failing to meet the MOE requirement and the appropriate party against whom the penalty should be applied; Requires the committees must report their findings and recommendations to the Legislative Policy Committee by December 31, 2010. http://mlis.state.md.us/2010rs/bills/hb/hb0223t.pdf
Title: H.B. 223
Source: http://mlis.state.md.us

MSSigned into law 04/2010P-12Requires the school board of a school district having a certain ending fund balance in the 2010, 2011 and 2012 fiscal years to submit a plan for budget cuts to the State Department of Education; authorizes the State Board of Education to adopt rules and regulations specifying the required contents of the plan; requires the Department to approve or return the plan to the school district with instructions. http://billstatus.ls.state.ms.us/documents/2010/pdf/HB/1100-1199/HB1170SG.pdf
Title: H.B. 1170
Source: http://billstatus.ls.state.ms.us

MSSigned into law 03/2010P-12Creates the School District Emergency Bridge Loan Act to assist districts that suffer revenue losses due to the economic downturn. Provides that a district that receives a loan shall pledge to repayment any part of the homestead exemption annual tax loss reimbursement to which it may be entitled; authorizes state bonds for moneys for the loan program; grants to the state department of education certain powers and duties with regard to this act.
http://billstatus.ls.state.ms.us/documents/2010/pdf/HB/1100-1199/HB1170SG.pdf
Title: H.B. 1349
Source: http://billstatus.ls.state.ms.us

NMSigned into law 03/2010P-12Provides flexibility to school districts to meet state fiscal solvency requirements; provides that the Secretary of Education may waive requirements of the Public School Code and rules promulgated in accordance with that code pertaining to individual class load, teaching load, length of school day, staffing patterns, subject areas and purchases of instructional materials.
http://nmlegis.gov/Sessions/10%20Regular/final/SB0097.pdf
Title: S.B. 97
Source: http://nmlegis.gov/

OHSigned into law 03/2010P-12Amends 371.50.90 of Am. Sub. H.B. 1 of the 128th General Assembly (enacted July 2009). Clarifies that from an appropriation item in 2009 H.B. 1, eTech Ohio must use up to $1 million in FY 2010 to maintain the clearinghouse of distance learning courses called for in section 3333.82, up to $1 million in FY 2011 to contract with an entity to provide online Advanced Placement (AP) courses, and up to $1 million in FY 2011 for the continued maintenance of the clearinghouse established under section 3333.82. A provision in H.B. 1 barred students from being charged a fee for clearinghouse courses in FY 2010 but permitted a student fee in FY 2011; new provision extends fee waiver through FY 2011. Adds provision that in choosing a vendor to provide AP courses, eTech may require that the courses be provided through the clearinghouse established under section 3333.82. Pages 31-32 http://www.legislature.state.oh.us/BillText128/128_SB_155_EN_N.pdf
Title: S.B. 155 - Section 6
Source: www.legislature.state.oh.us

UTSigned into law 03/2010P-12
Postsec.
Section 1: Directs the state board, by December 31, 2010, to review mandates provided for in administrative rule, to determine whether some could be waived to remove funding pressures on public schools temporarily.

Sections 2-4: Eliminates the requirement to administer criterion-referenced tests to students in grade 2. Directs the state board, before the October 2010 Education Interim Committee meeting, to present its plan for a pilot program for the 2010-11 and 2011-12 school years to (1) replace the 10th-grade basic skills competency test with computer adaptive testing of basic skills, and (2) administer the ACT exam to high school students. Directs the state board to implement such a pilot program during the 2010-11 and 2011-12 school years. Exempts districts and charter schools from administering the 10th-grade basic skills competency test during the the 2010-11 and 2011-12 school years. Directs the state board to re-direct the money saved by not administering the 10th-grade basic skills competency test to fund implementation of the pilot program during the 2010-11 and 2011-12 fiscal years. Exempts a student from the 10th-grade basic skills competency test requirement if the student was in 10th grade in the 2008-09 or 2009-10 school years and did not pass the competency test (10th-grade basic skills competency test functions as exit exam unless certain waivers apply).

Section 5: Exempts local boards from the requirement to develop and administer activity disclosure statements for high school-level extracurricular activities (as called for in Section 53A-3-420) until the 2012-13 school year.

Section 6: Exempts the state board, until the 2012-13 school year, from the requirements called for in Section 53A-3-602.5 to annually (1) develop a school performance report for schools, districts and charter schools, and (2) collect and electronically report specified performance data for schools, districts and charter schools.

Section 7: Exempts a school district from certain requirements related to the disposal of textbooks until the 2012-13 school year.

Section 8: Until the 2012-13 school year, releases districts from the requirement in Section 53A-13-107 that an annual presentation on adoption be given to students in grades 7-12.

Section 9: Until the 2012-13 school year, releases districts from the requirement in Section 53A-14-107 regarding alignment of primary instructional materials aligned with the core curriculum adopted under Section 53A-1-402.
http://le.utah.gov/~2010/bills/hbillenr/hb0166.pdf
Title: H.B. 166
Source: le.utah.gov

UTSigned into law 03/2010P-12Adds Section 53A-17a-105.5. Defines "qualifying program" as (1) the at-risk flow through program; (2) the homeless and disadvantaged minority students program [both created in 53A-17a-121]; (3) the gifted and talented program; (4) the advanced placement program; (5) the concurrent enrollment program. Allows a district or charter school that receives a state allocation of less than $10,000 for a qualifying program to either (1) combine the funds with certain other program funds and use the combined funds in accordance with the program requirements for any of the qualifying programs that are combined; or (2) transfer the funds to a qualifying program for which the district or charter school received an allocation of funds that is greater than or equal to $10,000; and use the combined funds in accordance with the program requirements for the qualifying program to which the funds are transferred. Pages 5-6 of 6: http://le.utah.gov/~2010/bills/hbillenr/hb0149.pdf
Title: H.B. 149 - Section 3
Source: le.utah.gov

IASigned into law 01/2010P-12Delays establishing the state percent of growth, also known as allowable growth, for the budget year beginning July 1, 2011, from the 2010 Legislative Session to the 2011 Legislative Session for the state school foundation program.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=83&hbill=SF2045
Title: S.B. 2045
Source: http://coolice.legis.state.ia.us

+ Finance--Student Fees
+ Finance--Taxes/Revenues
+ Finance--Taxes/Revenues--Alternative Revenues
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+ Governance--State Boards/Chiefs/Agencies
+ Health
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