ECS
From the ECS State Policy Database
2012 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 2012. 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--No Pass No Drive
+ 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--High Stakes/Competency
+ At-Risk (incl. Dropout Prevention)
+ At-Risk (incl. Dropout Prevention)--Alternative Education
+ Attendance
+ Attendance--Compulsory
+ Attendance--Statutory Ages (Upper and Lower)
+ Attendance--Truancy
+ Background Checks
+ Bilingual/ESL
+ Career/Technical Education
+ Career/Technical Education--Career Academies/Apprenticeship
+ Cheating
+ Choice of Schools
+ Choice of Schools--Charter Schools
+ 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--Tax Credits
+ Choice of Schools--Vouchers
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Curriculum/Standards
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Arts Education
+ Curriculum--Drivers Education
+ Curriculum--Excusal
+ Curriculum--Family Living Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Health/Nutrition Education
+ Curriculum--Language Arts
+ Curriculum--Mathematics
+ Curriculum--Multicultural
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Data-Driven Improvement
+ Economic/Workforce Development
+ Equity
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Bonds
+ Finance--District
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ 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--Mandates
+ Governance--Regional Entities
+ Governance--School Boards
+ Governance--School Boards--Training
+ Governance--Site-Based Management
+ Governance--State Boards/Chiefs/Agencies
+ Health
+ Health--Child Abuse
+ Health--Nutrition
+ Health--School Based Clinics or School Nurses
+ Health--Suicide Prevention
+ High School
+ High School--Advanced Placement
+ High School--College Readiness
+ High School--Credit Recovery
+ 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
+ Integrated Services/Full-Service Schools
+ 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
+ Leadership--Principal/School Leadership--Professional Development
+ Leadership--Principal/School Leadership--Tenure
+ Middle School
+ Minority/Diversity Issues
+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ No Child Left Behind
+ No Child Left Behind--Choice/Transfer
+ No Child Left Behind--Consequences for Schools
+ No Child Left Behind--Reauthorization Issues/Waivers
+ 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 Data Systems
+ P-3 Early Intervention (0-3)
+ P-3 Ensuring Quality
+ P-3 Family Involvement
+ P-3 Finance
+ P-3 Governance
+ P-3 Grades 1-3
+ P-3 Health and Mental Health
- P-3 Kindergarten
CAVetoed 09/2012P-12From bill summary: Authorizes the Commission on Teacher Credentialing to convene a workgroup of specified members to develop program standards for the issuance of a recognition of study in transitional kindergarten (defined as the 1st year of a two-year kindergarten program that uses a modified kindergarten curriculum) for holders of a multiple subject teaching credential who will be teaching transitional kindergarten. Authorizes the commission to work with the superintendent of public instruction to gather and post, on an appropriate website, best practices from districts and schools on curriculum development and
professional development relating to implementing and sustaining transitional kindergarten programs. Provides that the holder of a multiple subject teaching credential who has received a recognition of study in transitional kindergarten is not authorized to teach English learners, except as specified, and that a recognition of study in transitional kindergarten is not considered a type of authorization, cannot be used as a condition of employment, does not replace subject matter competence requirements, and cannot be used in making employment decisions relating to reductions in employee positions.

Require the commission to use private funds to support the development of the recognition of study in transitional kindergarten; prohibits the use of general fund moneys for this purpose. Requires the workgroup to be convened only after the department of finance determines, and files a written statement with specified persons, that private funds have been deposited with the state.
Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1851-1900/ab_1853_bill_20120823_enrolled.pdf
Governor's veto message: http://gov.ca.gov/docs/AB_1853_Veto_Message.pdf
Title: A.B. 1853
Source: www.leginfo.ca.gov

MISigned into law 07/2012P-12Updates cut-off date for entrance ages into kindergarten. For the 2013-14 school year, a child must be five years of age by November 1. For the 2014-15 school year, the child must be five years of age by October 1. For the 2015-16 school year, the child must be five years of age by September 1. However, permits a child that will be five years of age by December 1 of a school year to enter kindergarten if the parent or
legal guardian notifies the school district in writing. The school district is permitted to make a recommendation that the child is not ready, but the parent retains full discretion to make that determination. Directs a school district or public school academy that enrolls any children under the age of five in kindergarten for a school year to notify the department of the number of those children enrolled. http://www.legislature.mi.gov/documents/2011-2012/billconcurred/House/pdf/2011-HCB-4513.pdf
Title: H.B. 4513
Source: legislature.mi.gov

NYSigned into law 07/2012P-12Authorizes the New York City board of education to require children who turn five by December 1 to attend kindergarten. Provides exceptions. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A09861&term=&Summary=Y&Memo=Y&Text=Y
Title: A.B. 9861
Source: assembly.state.ny.us

DESigned into law 06/2012P-12Provides that the Department of Education establish a statewide readiness tool that will review a child's readiness for learning when they enter kindergarten. The tool will be phased in starting in Fall 2012 with statewide implementation no later than Fall 2015.
http://www.legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+317/$file/legis.html?open
Title: H.B. 317
Source: http://www.legis.delaware.gov/

HISigned into law 06/2012P-12Provides legislative findings. Establishes the executive office on early learning, to be temporarily placed in the office of the governor, and permanently established within the department of education for administrative purposes only, effective July 2015. Establishes a director of the executive office on early learning, and requirements for and duties of the director. Establishes the duties of the executive office on early learning in developing the state's early learning system, including among others: (1) Establishing additional early learning programs and services, including public and private partnerships; (2) Establishing policies and procedures governing the inclusion of children with special needs; (3) Developing incentives to enhance the quality of early learning programs, services, and educational professionals; (4) Coordinating efforts to develop a highly-qualified, stable, and diverse workforce; (5) Developing standards of accountability to ensure that early learning experiences are high-quality; (6) Collecting, interpreting, and releasing state early learning data; (7) Recommending the appropriate proportion of state funds to be distributed to programs and services across the early learning system; and (8) Consulting with community groups, including statewide
organizations involved in early learning professional development, policy and advocacy, and early childhood programs. Transfers the state head start state collaboration office from the department of human services to the executive office on early learning.

Establishes the early learning advisory board to replace the early learning council, and repeals provisions related to the early learning council. Establishes the membership and responsibilities of the early learning advisory board. Transfers administration of the pre-plus program to expand access to affordable and high-quality early childhood education for low-income children from the department to the executive office on early learning. Makes provisions regarding charter school occupancy of vacant school facilities also applicable to pre-plus programs seeking facilities. Requires the executive office on early learning, no later than 20 days before the convening of the 2013 regular session, to suhmit a report to the legislature on the status of an implementation plan for the development of the early learning system, including a timeline of the implementation plan and projected funding needs, with a focus on targeting four-year-old children.

Repeals junior kindergarten programs at the end of the 2013-2014 school year. Starting with the 2014-2015 school year, requires students to be at least 5 years of age on July 31 of the school year in order to attend kindergarten. http://www.capitol.hawaii.gov/session2012/bills/SB2545_CD1_.pdf
Title: S.B. 2545
Source: www.capitol.hawaii.gov

HIAdopted 06/2012P-12Requests that the department of education conduct research on the correlation between children who are late-born (born after August 1) and educational outcomes. Resolves the report on the research conducted may include the raw numbers and percentages of dropouts by month born and quarter of the year born, access to early learning or preschool programs, ability to read at the appropriate grade level, gender, socioeconomic status, ethnicity, identification of special needs, and school complex area. Requests that the department of education collaborate with the governor's early learning coordinator, institutions of higher education, and the regional educational laboratory. Requests that the department of education submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than 20 days prior to the convening of the 2013 regular session. http://www.capitol.hawaii.gov/session2012/bills/SCR80_SD1_.pdf
Title: S.C.R. 80
Source: www.capitol.hawaii.gov

ILAdopted 06/2012P-12From Illinois Register: This rulemaking resulted from the State Board of Education's application for funding under the American Recovery and Reinvestment Act of 2009 (ARRA) for a Race to the Top-Early Learning Challenge (RTT-ELC) grant to design and implement early learning and development systems that are comprehensive in scope and coordinated among the various state agencies charged with administering the programs. As set forth in RTT-ELC, the goals of the federal grant program were to increase the number and percentage of low-income and disadvantaged children enrolled in high-quality early learning programs; design and implement an integrated system of high-quality early learning programs and services; and ensure the use of certain nationally recommended assessments.

As a support to the RTT-ELC application, the State Board in October considered a rulemaking to require school districts to administer a kindergarten readiness survey, starting in school year 2014-15. Funding from the federal grant was for the design and implementation of a survey that would be used to gauge a student's progress during the school year. Unfortunately, Illinois was not successful in its effort to win a RTT-ELC
grant.

The lack of federal funding now available for the Illinois Kindergarten Individual Development Survey, or KIDS, initiative has resulted in staff's recommendation that the implementation date for districts to begin administering the kindergarten survey be delayed until the 2015-16 school year, provided state funding is available to pay the cost of the survey's administration. It is anticipated that the limited statewide implementation of the KIDS be conducted during two school years – 2013-14 and 2014-15 – rather than one, and the proposed rule is being modified to note the second year.

Additionally, the agency removed a requirement for school districts to participate either in a pilot of the survey or a limited statewide implementation, to align with a modification to 23 Ill. Adm. Code 235 (Early Childhood Block Grant), effective April 18, 2012.

Finally, the amendments also acknowledge that the Illinois Learning Standards, set forth in Section 1.Appendix D (State Goals for Learning) of the rules, apply to kindergarten. This Section lists the goals and standards for all students, including the common core standards that are for K-12 in English language arts and math. The remaining State-developed goals and standards are the same for kindergarten as they are for other grade levels, with the benchmarks (which are not stated in the rules) specific to the kindergarten level.
Page 250-276 of 403: http://www.cyberdriveillinois.com/departments/index/register/register_volume36_issue22.pdf
Title: 23 IL ADC 1.420; 23 IL ADC 1.APP. D
Source: www.cyberdriveillinois.com

OHSigned into law 06/2012P-12Repeals existing requirements providing exceptions to minimum ages for admission to kindergarten or 1st grade. Replaces with provision providing an exception for a child recommended for early admittance in accordance with the district's acceleration policy. Requires a child to be evaluated for early admittance upon referral by the child's parent/guardian, an educator employed by the district, or a preschool educator, pediatrician, or psychologist who knows the child. Provides that after a student has been admitted to kindergarten in a district or nonpublic school, no district to which the student transfers may deny that student admission based on the student's age. Repeals provision that previously allowed a district to, upon parental request, admit to 1st grade a student who had not successfully completed kindergarten and who meets certain age and other criteria. Repeals provisions related to "pupil personnel services committee," which each district was required to establish, and whose sole authority was to issue waivers allowing admittance to the first grade without the successful completion of kindergarten. Pages 220-223 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf
Title: S.B. 316 - Kindergarten, 1st Grade Entrance
Source: www.legislature.state.oh.us

OHSigned into law 06/2012P-12Directs the state board and the early childhood advisory council, in consultation with the governor's office of 21st century education, to develop legislative recommendations regarding the state's policies on literacy education for birth through 3rd grade with the goal of increasing kindergarten readiness, K-3 reading proficiency, and increasing school success and college- and career-readiness for Ohio's children. Directs the state board and early childhood advisory council to submit these recommendations no later than February 28, 2013. Requires that the recommendations address (1) alignment of state's policies and resources for reading readiness and proficiency from birth through 3rd grade; (2) identification of birth through kindergarten entry strategies to reduce the kindergarten readiness gap, increase literacy success throughout the K-12 continuum, and increase college- and career-readiness; and (3) recommendations for implementing reading proficiency strategies. Page 395 of 401: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_N.pdf
Title: S.B. 316 - Birth through 3rd Grade Literacy Education
Source: www.legislature.state.oh.us

COSigned into law 05/2012P-12Requires the education department to issue request for proposals for the purchase of an early literacy assessment tool that teachers may use to obtain real-time assessments of the reading skill levels of K-3 students, and, based on the results, create intervention plans and materials. Describes requirements for the assessment software and procedures for using the assessment tool/software in districts and schools. Requires the department to a report that includes the following information: percentage of students receiving services using the assessment tool; improvements in reading levels; and cost of purchasing the assessment tool and licenses.
http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/CD3C8673214EEF8C872579CD00625FE2?Open&file=1345_enr.pdf
Title: H.B. 1345 (sec. 7)
Source: http://www.leg.state.co.us

IASigned into law 05/2012P-12This section requires that a student who is enrolled in a district and is age 5 by 9/15 be considered of compulsory attendance age unless the parent files in writing an intent to remove the child from school. http://coolice.legis.state.ia.us/linc/84/external/govbills/SF2284.pdf
Title: S.F. 2284 - Division XIII
Source: http://coolice.legis.state.ia.us

ILAdopted 05/2012P-12From Illinois Register: This rulemaking resulted from the state board's application for funding under the American Recovery and Reinvestment Act of 2009 (ARRA) to design and implement early learning and development systems that are comprehensive in scope and coordinated among the various state agencies charged with administering the programs. The state board served as the lead agency for the application. Agency staff worked with outside consultants, early childhood education advocates and staff from the Department of Human Services (DHS), Department of Children and Family Services (DCFS) and the Illinois Early Learning Council to prepare the application. Unfortunately, Illinois was not successful in this effort and did not receive the grant.

The lack of funding now available for the initiatives set forth in Part 235, coupled with the public comment received, have resulted in certain initiatives being removed from the rulemaking or their implementation dates being delayed.

Briefly, the amendments address several significant changes that relate to the core focus areas of the federal grant. In particular, efforts were made to coordinate the state board's Preschool for All Children (PFA) and Prevention Initiative grant programs with those offered through or licensed by DHS or DCFS. In particular, the proposed amendments required any recipient of these grants to use the DHS' Tiered Quality Rating and Improvement System (a requirement that has since been removed from the rulemaking) and continue to require that grantees register certain staff in DHS' Gateways to Opportunity staff registry and credentialing system.

Additionally, a portion of the federal grant was to be used to continue the agency's efforts to develop and implement a kindergarten readiness tool to gauge a student's progress during the school year. Under the rules as proposed any school district that offers kindergarten (whether full or half day) would be required to administer the Kindergarten Individual Development Survey, or KIDS. While this requirement was placed in 23 Ill. Adm. Code 1 (to be adopted later this spring), Section 235.70(o) of early childhood rules had required that all school districts with PFA grants participate in the limited statewide implementation of KIDS in the 2013-14 school year.

Part 235 amendments include expansion of program standards to address initiatives serving children ages 3 to 5 (see Section 235.Appendix B). While developmental guidelines for infants and toddlers have been removed from the rules due to public comment, the existing learning and developmental standards for children ages 3-5 have been updated and now align to the recently adopted Illinois Learning Standards for
English language arts and mathematics, commonly referred to as the common core standards.

Other changes in Part 235 include the following:
• Requesting in Section 235.20(c)(4) that applicants provide information about other similar programs operating in the same service area, including the number of children estimated to be served, if that figure is known
• Setting in Section 235.30(a)(1)(C) minimum criteria for procedures used to assess the progress of children enrolled in a PFA program
• Clarifying in Section 235.50(a)(1)(A) that consideration in the proposal review process will be given to applicants serving areas where the need for services exceeds the available resources, when that information is available to an applicant. Pages 48- of 95: http://www.cyberdriveillinois.com/departments/index/register/register_volume36_issue18.pdf
Title: 23 IL ADC 235.20, 30, 40, 45, 50, 60, 70; 23 IL ADC 235.APP. A, B, C
Source: www.cyberdriveillinois.com

TNSigned into law 05/2012P-12Sets kindergarten entrance age. Children entering kindergarten shall be five years of age on or before August 31 for the 2013-2014 school year and on or before August 15 for all school years thereafter.
http://state.tn.us/sos/acts/107/pub/pc0991.pdf
Title: H.B. 2566
Source: http://www.capitol.tn.gov

GASigned into law 04/2012P-12Clarifies that provisions for child's entry into kindergarten and 1st grade for a child who was a legal resident of one or more states two years immediately prior to moving to Georgia also apply to children residing in one or more countries two years immediately prior to moving to Georgia. Pages 3-4 of 11: http://www.legis.ga.gov/Legislation/20112012/127649.pdf
Title: H.B. 706 - Age for Kindergarten or First Grade Entry for Children Moving from Abroad
Source: www.legis.ga.gov

KYSigned into law 04/2012P-12Amends school entrance ages and compulsory school ages. Effective with the 2017-18 school year, kindergarten entrance age is 5 by August 1 and lower compulsory school age is 6 by August 1 (previous date for both was October 1). Directs local boards to adopt policies permitting a parent to petition the board to allow a child who does not meet such age requirements to attend school. Requires such policies to include an evaluation process to help determine a child's readiness for school. http://www.lrc.ky.gov/record/12RS/SB24/bill.doc
Title: S.B. 24
Source: www.lrc.ky.gov

SDSigned into law 03/2012P-12Permits schools to charge a fee for early childhood services for any child who is under the age of compulsory attendance pursuant to § 13-27-1 and is not enrolled in kindergarten or a more advanced grade. http://legis.state.sd.us/sessions/2012/Bills/HB1195ENR.pdf
Title: H.B. 1195
Source: legis.state.sd.us

UTSigned into law 03/2012P-12Creates an early intervention program to provide funds for applicant school districts and charter schools to offer an enhanced kindergarten program targeted to at-risk students, focused on building age-appropriate literacy and numeracy skills using an evidence-based early intervention model, and that includes an interactive computer software program. Prohibits a district or charter school from requiring a student to attend an enhanced kindergarten program. Requires funds to be appropriated to districts and charter schools based on the number of kindergarten students eligible for free and reduced lunch. Directs the state board, beginning November 1, 2013 and every year thereafter, to report to the governor and education interim committee final testing data regarding an interactive computer software program, including student learning gains as a result of the program. Makes appropriations. http://le.utah.gov/~2012/bills/hbillenr/hb0513.pdf
Title: H.B. 513
Source: le.utah.gov

WASigned into law 03/2012P-12Requires the Washington kindergarten inventory of developing skills, beginning in the 2012-2013 school year and to the extent funds are available, to be administered at the beginning of the school year to all students enrolled in state-funded full-day kindergarten programs with the exception of students who have been excused from participation by their parents or guardians. http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House%20Passed%20Legislature/2586-S.PL.pdf
Title: H.B. 2586
Source: apps.leg.wa.gov

+ P-3 Kindergarten--Full-Day Kindergarten
+ P-3 Preschool
+ P-3 Teaching Quality/Professional Development
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+ Teaching Quality--Certification and Licensure--Natl. Bd. for Prof. Teach. Stds.
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