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
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+ Curriculum--Drivers Education
+ Curriculum--Excusal
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+ 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
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+ Equity
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Bonds
+ Finance--District
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
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+ 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
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+ High School--Dropout Rates/Graduation Rates
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+ 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
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+ 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
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+ P-3 Preschool
+ P-3 Teaching Quality/Professional Development
+ Parent/Family
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+ Postsecondary
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+ Postsecondary Affordability
+ Postsecondary Affordability--Financial Aid
+ Postsecondary Affordability--Textbooks
+ Postsecondary Affordability--Tuition/Fees
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+ Postsecondary Affordability--Tuition/Fees--Undocumented Immigrants
+ Postsecondary Faculty
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+ Postsecondary Finance
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+ Postsecondary Governance and Structures
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+ Postsecondary Institutions
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+ Postsecondary Online Instruction
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+ Postsecondary Participation--Enrollments (Statistics)
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+ Postsecondary Students
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+ Postsecondary Students--Disabled
+ Postsecondary Students--Foster Youth
+ Postsecondary Students--Graduate/Professional
+ Postsecondary Students--Military
+ Postsecondary Success
+ Postsecondary Success--Completion
+ Postsecondary Success--Completion--Completion Rates (Statistics)
+ Postsecondary Success--Developmental/Remediation
+ Postsecondary Success--Retention/Persistence
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+ Private Schools
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+ Proficiency-Based Approaches
+ Promotion/Retention
+ Purposes of Public Education
+ Reading/Literacy
+ Religion
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+ Rural
+ Scheduling/School Calendar
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+ School Safety
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+ School Safety--Special Education
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+ School/District Structure/Operations
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+ School/District Structure/Operations--Facilities
+ School/District Structure/Operations--Food Service
+ School/District Structure/Operations--Org. (K-3/K-8 etc.)
+ School/District Structure/Operations--Personnel (Non-Teaching)
+ School/District Structure/Operations--Shared Services
+ School/District Structure/Operations--Transportation
+ Service-Learning
+ Special Education
+ Special Education--Federal Law/Regulations
+ Special Education--Finance
+ Special Education--Placement
+ Special Education--Transition
+ Special Populations--Corrections Education
- Special Populations--Foster Care
CASigned into law 09/2012P-12From bill summary: Requires that, if a foster child's parent or guardian, or other person holding the right to make educational decisions for the pupil, makes the determination that it is in the best interests of the pupil to be placed in an educational program other than that operated by the local educational agency or the child's school of origin (unless child's IEP requires placement elsewhere), he/she must provide a
written statement to that effect to the local educational agency. Authorizes a local educational agency to provide a parent, guardian, or other person holding the right to make educational decisions for the foster child with specified information, including, among other things, that the pupil has the right to attend a regular public school in the least restrictive environment.

Specifies that a foster child with exceptional needs cannot be referred to, or placed in, a nonpublic, nonsectarian school unless the child's individualized education program specifies that the placement is appropriate. Specifies that the meeting that is required to take place to develop an individualized education program must be conducted pursuant to specified provisions.

Prohibits a licensed children's institution from referring or placing a pupil in a nonpublic, nonsectarian school. Prohibits a licensed children's institution from requiring that a child be identified as an individual with exceptional needs as a condition of admission or residency. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0101-0150/sb_121_bill_20120926_chaptered.pdf
Title: S.B. 121
Source: www.leginfo.ca.gov

CASigned into law 09/2012P-12From bill summary: Requires each local education agency (LEA)'s educational liaison for foster children, if so designated by the LEA superintendent, to notify the attorney and the appropriate representative of the county child welfare agency for a foster child who may be suspended or expelled of (1) pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, (2) pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act, and, (3) if the foster child is an individual with exceptional needs, pending manifestation determinations. Authorizes the foster child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's school district when the child has been placed outside of the county of jurisdiction for the child.

Requires a superintendent or his/her designee, before determining whether a suspended foster child's presence at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process, to invite the pupil's attorney and the appropriate representative of the county child welfare agency to a meeting with the pupil's parent or guardian (a meeting required of all students before granting an extension of a student's suspension).

If an LEA has proposed a foster child with exceptional needs's change of placement due to an act for which a decision to recommend expulsion is at the principal or superintendent's discretion, requires the child's attorney and the appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination. Authorizes that invitation to be made using the most cost-effective method possible.

Requires a district governing board, if a decision to recommend expulsion of a foster child is a discretionary act, to provide notice of the hearing prior to the expulsion to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes a district governing board, if a recommendation of expulsion of a foster child is required, to provide the notice of the hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. Authorizes these notices to be made using the most cost-effective method possible.

Existing law requires a juvenile court to hold a detention hearing to determine whether a minor should be further detained when a minor has been taken into custody pursuant to specified provisions. This bill, at least once every year and if the list of educational liaisons is available on the state department of education website, (A) requires counsel appointed for a child who has been taken into custody and who is not represented by counsel, to provide his/her contact information to the educational liaison of each LEA serving counsel's foster child clients in the county of jurisdiction, and (B) if counsel is part of a firm or organization, authorizes the firm or organization to provide its contact information in lieu of contact information for the individual counsel. Authorizes the child's caregiver or other person holding the right to make educational decisions for the child to provide the contact information of the child's attorney to the child's LEA.

Authorizes a foster child's health and education records summary (which is required to be included in every foster child's case plan) to include the name and contact information for the educational liaison at the child's LEA.

Incorporates additional changes in Section 48853.5 of the Education Code, proposed by SB 1568 (http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1551-1600/sb_1568_bill_20120926_chaptered.pdf_, to be operative only if SB 1568 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. Also incorporates changes in Sections 317 and 16010 of the Welfare and Institutions Code, proposed by AB 1712 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1712_bill_20120911_enrolled.pdf), to be operative only if AB 1712 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1901-1950/ab_1909_bill_20120930_chaptered.pdf
Title: A.B. 1909
Source: www.leginfo.ca.gov

CASigned into law 09/2012P-12From bill summary: Requires a local educational agency to allow a former foster child to continue his/her education in the school of origin through graduation if the jurisdiction of the court is terminated while the foster child is in high school. Provides that a district is not required to provide transportation to a former foster child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his/her school of origin, unless the individualized education program team determines that transportation is a necessary related service.

Incorporates additional changes in Section 48853.5 of the Education Code, proposed by AB 1909 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1901-1950/ab_1909_bill_20120930_chaptered.pdf), to be operative only if AB 1909 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1551-1600/sb_1568_bill_20120926_chaptered.pdf
Title: S.B. 1568
Source: www.leginfo.ca.gov

CASigned into law 07/2012P-12Provides a pupil who is a foster child who remains in his/her school of origin has met the residency requirements for school attendance (pre-existing requirements provided a student who is a foster child meets residency requirements if the student attends a school in the district in which his/her foster home is located). http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1551-1600/ab_1573_bill_20120713_chaptered.pdf
Title: A.B. 1573
Source: www.leginfo.ca.gov

CTSigned into law 06/2012P-12Requires that a permanency plan of a child in the care and custody of the Commissioner of Children and Families include information regarding what steps the department has taken to make any necessary referrals for children under five years of age to early intervention, preschool, or special education services, steps taken to enable a child sixteen years of age or older to learn independent living skills and complete a secondary education or vocation program, and steps taken to develop a personalized transition plan that includes education for children between the ages of sixteen and eighteen. http://www.cga.ct.gov/2012/ACT/Pa/pdf/2012PA-00053-R00SB-00293-PA.pdf
Title: S.B. 293
Source: ga.ct.gov

MOSigned into law 06/2012P-12Requires the Department of Elementary and Secondary Education to ensure that specified criteria are implemented in every district regarding the enrollment and educational success of foster care children.

If a foster care student transfers before or during the school year, the receiving school must initially honor placement of the student in educational courses and programs based on the student's previous enrollment or educational assessments from the sending school, provide comparable services to a foster care student with disabilities based on his or her current Individualized Education Program, and make reasonable
accommodations and modifications to address the needs of incoming foster care students with disabilities, subject to an existing 504 or Title II Plan, to provide equal access to education. The receiving district may conduct subsequent evaluations to ensure appropriate placements.

Schools may waive the prerequisites or other preconditions for placement in a course or program and must waive specific courses required for graduation if similar course work has been satisfactorily completed at another school or provide reasonable justification for the denial. If a waiver is not granted, the receiving school must provide an alternative means of acquiring the required course work so that graduation may occur on time. If a foster care student who transfers at the beginning of or during his or her senior year is ineligible to graduate from the receiving school after all alternatives specified in the bill have been considered, the sending and receiving schools must ensure the student receives a diploma from the sending school if the student meets the graduation requirements of the sending school. http://www.house.mo.gov/billtracking/bills121/biltxt/truly/HB1577T.htm
Title: H.B. 1577
Source: www.house.mo.gov

LASigned into law 05/2012P-12Amends current law to allow a child who is in foster care to remain enrolled in the public school in which the child was enrolled at the time he entered foster care for the duration of the child's stay in the custody of the state or until he completes the highest grade offered at the school if the Department of 16 Children and Family Services determines that remaining in such that school is in the best interest of the child.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=802799
Title: H.B. 269
Source: http://www.legis.state.la.us

WASigned into law 03/2012P-12Establishes the educational success for youth and alumni of foster care act. Includes in the purpose of the passport to college promise program to improve high school graduation outcomes for foster youth.
Adds or replaces requirements for the department of social and health services, higher education institutions, school districts, and other partners relating to outcomes for foster youth. Revises foster youth enrollment requirements in the college bound scholarship program. Changes the expiration of the passport to college promise program from June 30, 2013, to June 30, 2022. http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Session%20Law%202012/2254-S.SL.pdf
Title: H.B. 2254
Source: apps.leg.wa.gov

+ Special Populations--Gifted and Talented
+ Special Populations--Homeless Education
+ Special Populations--Migrant Education
+ Special Populations--Military
+ Standards
+ Standards--Common Core State Standards
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Ballot Questions
+ State Policymaking--Constitutional Clauses
+ State Policymaking--Task Forces/Commissions
+ STEM
+ Student Achievement
+ Student Achievement--Closing the Achievement Gap
+ Student Supports--Counseling/Guidance
+ Student Supports--Mentoring/Tutoring
+ Student Supports--Remediation
+ Student Surveys
+ Students--Athletics/Extracurricular Activities
+ Students--K-12 Exchange Students
+ Students--Records/Rights
+ Teaching Quality
+ Teaching Quality--Certification and Licensure
+ 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 Contracts (Not Tenure)
+ Teaching Quality--Teacher Rights
+ Teaching Quality--Tenure or Continuing Contract
+ Teaching Quality--Unions/Collective Bargaining
+ Technology
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+ Technology--Equitable Access
+ Technology--Funding Issues
+ Technology--Internet Safety
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+ Textbooks and Open Source
+ Urban