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
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- Governance--Regional Entities
CASigned into law 09/2012P-12From bill summary: Provides that any employee of a school district that is within the jurisdiction of the county board of education is ineligible to be a member of the county board of education. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1651-1700/ab_1662_bill_20120924_chaptered.pdf
Title: A.B. 1662
Source: www.leginfo.ca.gov

CASigned into law 09/2012P-12Amends conditions under which a trustee and necessary staff appointed to a district receiving an emergency apportionment must serve (a trustee must be appointed to a district by the superintendent of public instruction if the district board requests an emergency apportionment after determining during a fiscal year that its revenues are less than the amount needed to meet its current year expenditure obligations). New provisions require trustee to serve until the district has adequate fiscal systems and controls in place, the superintendent of public instruction determines that the district's future compliance with an approved fiscal plan is probable, and the superintendent of public instruction decides to terminate the trustee's appointment, but in no event, for less than 3 years.

Authorizes the county superintendent of schools who has jurisdiction over the district, after the trustee's period of service and until the loan is repaid, to stay or rescind an action of the district board that, in his/her judgment, may affect the district's financial condition. Requires the county superintendent of schools to notify the superintendent of public instruction within 5 business days of staying or rescinding an action of the district board. If the superintendent of public instruction receives this notice from the county superintendent of schools, requires the superintendent of public instruction to report to the legislature, on or before December 30 of every year, whether the district is complying with the fiscal plan approved for the district.

Authorizes the superintendent of public instruction, within 5 years after an appointed trustee is removed or the emergency apportionment is repaid, whichever occurs later, to reassume, either directly or through an
administrator, all of the legal rights, duties, and powers of the district board if the district violates any provision of specified recovery plans approved by the superintendent of public instruction. Authorizes a qualifying district's governing board, after one complete fiscal year has elapsed following the qualifying district's acceptance of an emergency apportionment, to conduct an annual advisory evaluation of the administrator appointed by the superintendent of public instruction. Requires the evaluation criteria to be agreed upon by the district board and the administrator. Requires the advisory evaluation of the administrator to be submitted to the governor, legislature,superintendent of public instruction, and the County Office Fiscal Crisis and Management Assistance Team.

Incorporates additional changes in Section 41326 of the Education Code, proposed by AB 2662 (http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2651-2700/ab_2662_bill_20120926_chaptered.pdf), to be operative only if AB 2662 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_2251-2300/ab_2279_bill_20120921_chaptered.pdf
Title: A.B. 2279
Source: www.leginfo.ca.gov

CASigned into law 09/2012P-12From bill summary: Permits a county superintendent of schools to change a district's certification (that it can meet its financial obligations for the remainder of the fiscal year and for the subsequent fiscal year) from qualified to negative if it is determined that district should have filed a negative certification (previously county superintendent authorized to change only a positive certification to negative or qualified). http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2651-2700/ab_2662_bill_20120926_chaptered.pdf
Title: A.B. 2662 - Authority of a County Superintendent to Change a District's Fiscal Certification
Source: www.leginfo.ca.gov

NYSigned into law 08/2012P-12Permits boards of cooperative educational services (BOCES) to enter into contracts of up to two years with out-of-state districts for special education and/or career/technical education services, or for the use of existing products that demonstrate how to map the Common Core State Standards (CCSS) to assessments and/or provide access to existing webinars or online courses relating to implementation of the CCSS. Requires any such contract to be approved by the commissioner, the board of cooperative educational services, and the district superintendent of schools. Establishes parameters for contracts, including that they may authorize out-of-state students to participate in an instructional program only if such services are available to all eligible students in the component New York state districts, the number of out-of-state students comprises only 5% of the total enrolled students, and a BOCES spend no more than 30% of its employees' time on services to out-of-state districts. Directs the commissioner of education to prepare two reports regarding such contracts; requires interim report to be submitted to board of regents, governor and legislature by April 15, 2013, and final report, no later than December 15, 2013, with recommendations on whether and under what conditions such contracts should continue to be authorized beyond the July 2014 expiration date of these provisions. Provisions repealed July 1, 2014.
http://open.nysenate.gov/legislation/bill/A10205A-2011
Title: A.B. 10205
Source: open.nysenate.gov

ILSigned into law 06/2012P-12Requires that, after July 1, 2015, each educational service region contain at least 61,000 inhabitants (previously at least 43,000). Provides that before June 30, 2013, regions may be consolidated voluntarily under statutory provisions or by joint resolution of the county boards of regions seeking to join a voluntary consolidation. Provides that if by January 2014, locally determined consolidation decisions result in more than 35 regions of population greater than 61,000, the state board must, before June 2014, direct further consolidation until 35 regions are achieved. Provides relative to state board powers to consolidate educational service regions. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0703.pdf
Title: S.B. 2706
Source: www.ilga.gov

OHSigned into law 06/2012P-12Repeals provision that if an educational service center governing board acquired, leased, purchased, or entered into a contract to purchase, lease, or sell office or classroom space, the board of county
commissioners has no obligation to provide and equip offices and to provide heat, light, water, and janitorial services for the use of the service center absent a contract set forth in section 3319.19. Repeals section 3319.19, "Offices of educational service center superintendent and governing board." Repeals a provision that required any agreement for provision of services between a local board and the governing board of an
educational service center to be filed with the department by the first day of the school year for which the agreement was in effect.

Adds new provision permitting an educational service center contracting with a juvenile facility or detention facility to provide educational services to a child in the custody of the facility to submit its request for payment for services directly to the district responsible for bearing the cost of educating the child. Requires the district paying a service center for such services to include the child in the district's average daily membership. Prohibits any other district from including the child in its average daily membership. Pages 76-78, 106-107 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf
Title: S.B. 316 - Educational Service Centers
Source: www.legislature.state.oh.us

OHSigned into law 06/2012P-12Repeals section 3319.19 of the revised code, which provided relative to the offices of the superintendent and governing board of an educational service center. Page 256 of 401: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_N.pdf
Title: S.B. 316 - Offices of the Educational Service Center Superintendent and Governing Board
Source: www.legislature.state.oh.us

GASigned into law 04/2012P-12Clarifies the legal status of regional educational service agencies, to provide that regional educational service agencies are not state agencies but must be considered local units of administration. Page 6 of 11: http://www.legis.ga.gov/Legislation/20112012/127649.pdf
Title: H.B. 706 - Legal Status of Regional Educational Service Agencies
Source: www.legis.ga.gov

NYSigned into law 03/2012P-12Part K, Section 1: Authorizes a board of cooperative educational services (BOCES) to enter into contracts with the commissioner of the office of children and family services to provide for children in the office's custody any special education programs and related programs the BOCES provides to districts. Provides for June 30, 2015 repeal of these provisions. Chapter 57: http://assembly.state.ny.us/leg/?default_fld=&bn=A09057&term=&Summary=Y&Memo=Y&Text=Y
Title: A.B. 9057 - BOCES Contracts to Provide Special Education Services
Source: assembly.state.ny.us

+ Governance--School Boards
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