Recent State Policies/Activities

No Child Left Behind


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 since 2000. Summaries are collected from state Web sites, state newsletters, StateNet, LexisNexis and Westlaw. Descriptions often reflect the content of bills as introduced and may not reflect changes made during the legislative process. To assure that this information reaches you in a timely manner, minimal attention has been paid to style (capitalization, punctuation) or format.

State Status/Date Level Summary
DESigned into law 06/2009pre-K-12Eliminates the DSTP; requires its replacement beginning in the 2010-2011 school year with a test administered at a minimum in each grade level 2 through 10 at the beginning of the school year and at least one more time later in the year; assesses student progress over the course of the year; provides a benchmark for student, school, and district achievement; allows a student's performance on state assessments to be based upon the student's best results from the multiple assessments performed.
http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/SB+68/$file/legis.html?open
Title: S.B. 68
Source: http://legis.delaware.gov

MNSigned into law 05/2009pre-K-12Requires the statewide educational accountability and reporting system to measure and separately report the adequate yearly progress of schools and the academic growth of individual students. Requires the system to include statewide measures of high and low student academic growth. Requires school districts to annually determine whether schools meet federal expectations for student achievement. Requires the state's educational assessment system to measure individual students' educational growth. Directs the commissioner to annually report to the public and the legislature, beginning June 30, 2012, the organizational and curricular practices implemented by schools that demonstrate medium and high student growth.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0002.5.html&session=ls86
Title: H.F. 2
Source: https://www.revisor.leg.state.mn.us

MNSigned into law 05/2009pre-K-12Aligns high school tests with required academic standards.  Strikes the requirement for constructed response questions.  Makes GRAD tests applicable in 2012-2013 to those few students who have not passed the Minnesota basic skills tests. Requires the state assessment system to be aligned to state academic standards.  Provides a timeline for aligning mathematics, science, and language arts and reading standards and assessments. Allows students enrolled in grade 8 in any school year between the 2005-2006 and 2009-2010 school year who do not pass the math graduation-required assessment for diploma (GRAD) to receive a diploma with a passing state notation if they satisfactorily complete all coursework and credits required for graduation and participate in academic remediation and up to two re-test attempts. Allows a school board to include a notation of high achievement on students' high school diplomas indicating exemplary academic achievement during high school based on board-established criteria.

For purposes of federal accountability requirements, directs the commissioner to develop reading and math assessments for grades 3 through 8, state-developed high school reading and math tests aligned with state standards, and science assessments.  Prohibits the commissioner from requiring students to achieve a passing score on high school science assessments in order to graduate. Requires assessment results to include a value-added growth indicator of student achievement. Requires schools, school districts, and charter schools to administer statewide assessments to evaluate student proficiency in the context of the state's grade-level academic standards. Makes the temporary alternative to the state's reading and math GRAD tests applicable in the 2009-2010 through 2013-2014 school years. Makes the statutory timeline for aligning assessments to standards effective July 1, 2010, and the legislature specifically authorizes the number, subject area, grade level, and consequence of a high school math assessment.  Causes the 11th grade math GRAD to remain in effect if the legislature does not act by July 1, 2010.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0002.5.html&session=ls86
Title: H.F. 2
Source: https://www.revisor.leg.state.mn.us

TNSigned into law 05/2009pre-K-12Requires the department of education to explore with the Tennessee congressional delegation and the United States department of education modification of No Child Left Behind determination of who is a dropout for students who receive a GED and pass appropriate examinations established by the state board of education or have good scores on the ACT. - Amends TCA Title 49. http://wapp.capitol.tn.gov/apps/billinfo/BillSummaryArchive.aspx?BillNumber=SB2030&ga=106
Title: S.B. 2030
Source: http://wapp.capitol.tn.gov

KYSigned into law 03/2009pre-K-12Provides that whereas it is imperative that schools, administrators, teachers, parents and policymakers maintain high expectations for students, and it is important that there be an orderly transition from the current state assessment to the new assessment and accountability system implemented in 2011-12, the following conditions will apply:
(1) The state board of education must provide for an interim assessment process (described in section 19 of this act)
(2) The board must ensure that all student assessments and data collection and reporting necessary to meet the accountability and proficiency requirements for the federal No Child Left Behind Act (NCLB) are met
(3) The board must suspend the calculation of a state accountability index for 2008-09, 2009-10, and 2010-11.

During the interim period the following will apply for accountability purposes:
(a) NCLB Annual Yearly Progress results must be used to determine improvement of student achievement for both Title 1 and non-Title 1 schools
(b) The NCLB definitions must be applied to both Title 1 and non-Title 1 schools
(c) State level assistance and resources must be provided to Title 1 and non-Title 1 schools falling into the federal definitions of consequences in order to help schools improve student achievemen
(d) Results of the interim tests must be reported publicly.

Permits the state board to use math items developed using revised math content standards during the spring of 2010 and administer an initial math test, based on the revised standards during the 2010-11 testing period to meet NCLB requirements, if approval is granted by the U.S. Department of Education. Directs the state department of education to develop and implement interim program assessments of writing programs, practical living skills and career studies, and arts and humanities in all schools during the transition period. Directs the department to finalize the process for program assessments for implementation during the 2011-12 school year. Directs the department and state board to ensure that teachers, administrators and local board members are well informed of pending changes in the assessment and accountability system during the transition period and continue to stress the importance of the quality of opportunities for all students.
http://www.lrc.ky.gov/record/09RS/SB1/bill.doc
Title: S.B. 1 Section 18
Source: www.lrc.ky.gov

UTSigned into law 03/2009pre-K-12Relates to federal education agreement requirements. Makes adjustments to provisions requiring gubernatorial and legislative approval for certain federal education agreements that implement federal programs, such as the No Child Left Behind Act. http://le.utah.gov/~2009/bills/sbillenr/sb0185.pdf
Title: S.B. 185
Source: Lexis-Nexis/StateNet

VASigned into law 04/2008pre-K-12Requires the Board of Education to make a recommendation to the General Assembly on whether Virginia should withdraw from the federal No Child Left Behind (NCLB) Act, unless reauthorization of the Elementary and Secondary Education Act provides the necessary revisions in the NCLB Act that allow Virginia's existing educational accountability system, as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation, to substantially meet the accountability requirements of the federal law.  If the Board recommends withdrawing from participation in NCLB, the Board must develop a plan for withdrawal and must submit such plan to the Governor and the General Assembly for their consideration by June 30, 2009. 
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+CHAP0826
Title: H.B. 1425, S.B. 490
Source: http://leg1.state.va.us

UTSigned into law 03/2008pre-K-12Defines a "federal education agreement" as a legally binding document or representation that requires a school official to implement a federal program. Requires gubernatorial approval for federal education agreements that may cost education entities (including the state board of education, the state superintendent and the state office of education, a local school board, a school district, a charter school governing board or a charter school) more than $100,000 annually. Requires legislative approval for federal education agreements that may cost education entities more than $500,000 annually. Sets forth additional procedures for federal education agreements that may cost education entities more than $1,000,000 annually.

Authorizes the governor or the legislature to void federal education agreements lacking proper approval.

Directs a school official, before legally binding the state to a federal education agreement that may cost the state a total of $100,000 or more to implement, to estimate the state and local cost of implementing the federal education agreement and submit that cost estimate to the governor and the Legislative Management Committee.
http://le.utah.gov/~2008/bills/sbillenr/sb0162.pdf
Title: S.B. 162
Source: le.utah.gov

WVAdopted 09/2007pre-K-12Amends rules regarding standards, assessment, and accountability for student performance and progress. Incorporates 21st Century skills into the standards; revises the statewide assessment program; provides annual performance measures for the No Child Left Behind Act of 2001; revises the criteria for accreditation status; and provides an appeal process for on-site review findings in the accountability system. WEST VIRGINIA 5151
Title: Title 126, Series 13
Source: Lexis-Nexis/StateNet

LAAdopted 08/2007pre-K-12Establishes procedures for the department of education to handle complaints on issues related to the Elementary and Secondary Education Act of 1965. Pages 5-6 of 79: http://www.doa.louisiana.gov/osr/reg/0708/0708RUL.pdf
Title: LAC 28:CXV.349
Source: www.doa.louisiana.gov

LAAdopted 08/2007pre-K-12Revises the use of Alternative Assessment results in accountability as suggested by the Department of Education's Technical Advisory Committee. Revises district accountability to better align with the high school redesign efforts initiated by the governor. Amends teacher certification indicator and 8th grade persistence indicator (based on a district's success at keeping 8th grade students enrolled in school).

Defines the requirements for exiting District Improvement in anticipation of districts' first opportunity to exit. Pages 3-5 of 79: http://www.doa.louisiana.gov/osr/reg/0708/0708RUL.pdf
Title: LAC 28:LXXXIII.4302 and 4313
Source: www.doa.louisiana.gov

NVSigned into law 06/2007pre-K-12Establishes an Advisory Council on Parental Involvement and prescribes the membership and duties of the council. State accountability law requires that support teams must be established for each public school that is designated as demonstrating need for improvement for 3 consecutive years or more. Requires each support team to review certain information pertaining to the school and revise the school's plan to improve accordingly. Authorizes a teacher in an elementary school to provide to each parent and legal guardian of a pupil enrolled in the school a report containing certain information about the pupil and the involvement of the parent or legal guardian in the education of his child. Requires principals of schools designated as demonstrating need for improvement for 3 consecutive years or more to provide aggregate information concerning the educational involvement accords to the support team established for the school. Requires provision of the code of honor relating to cheating to the pupil as well as his parent or legal guardian for their signature on that document.
http://www.leg.state.nv.us/74th/Bills/SB/SB143_EN.pdf
Title: S.B. 143
Source: http://www.leg.state.nv.us

NMVetoed 04/2007pre-K-12Distinguishes a student's academic proficiency from the AYP of schools and districts. Conforms rankings of schools in need of improvement with Federal requirements. Provides a process for reopening failing schools as state-chartered charter schools. Provides the disaggregation of data by gender. Reconciles multiple Amendments to the same section of law in Laws 2005.
http://legis.state.nm.us/Sessions/07%20Regular/final/SB0287.pdf
Title: S.B. 287
Source: http://legis.state.nm.us

NYAdopted 09/2006pre-K-12Implements New York's plan to address the findings of the U.S. department of education peer review of New York's assessment program by: (1) modifying the School Performance Index to incorporate the results from New York's grade 3-8 assessment program in English language arts and mathematics; (2) revising the Annual Measurable Objectives in English language arts and mathematics to reflect the use of grade 3-8 test results; (3) combining the elementary and secondary science criteria into a single combined elementary-middle level science criterion; (4) revising the definition of the graduation cohort beginning with the 2003 graduation cohort to make schools accountable for students after they received five months of instruction in a school or district; (5) incorporating in the limited English proficient (LEP) subgroup students who had previously been considered LEP students during the prior one or two years in order to calculate Adequate Yearly Progress; (6) restricting the use of backmapping to schools serving exclusively students below grade three; (7) revising the timelines for schools and local educational agencies whose 2006-07 accountability status is dependent on 2005-06 grade 3-8 assessment results to take certain actions required of schools and local educational agencies identified as requiring academic progress or as in need of improvement; (8) indicating that the NYSESLAT will no longer be administered, in lieu of the required State assessment in English language arts, for accountability purposes beyond the 2005-2006 school year; and (9) restricting the use of the NYSESLAT, for participation rate purposes, to limited English proficient students who have attended school in the United States for one year.
http://www.emsc.nysed.gov/irts/accountability/regulations-sept06.htm
Title: Title 8 NYCRR Section 100.2(p)
Source: http://www.emsc.nysed.gov

AKRule Adoption 08/2006pre-K-12Deals with NCLB by adding new sections concerning corrective actions for school districts that are designated for corrective action and a new section addressing procedures for receipt and resolution of program complaints in the administration of NCLB.
Title: 4 AAC 06.840, .888
Source: Lexis-Nexis/StateNet

NDAdopted 07/2006pre-K-12Establishes rules for Title I coordinator 1, Title I coordinator 2, and Title I coordinator 3 positions. Establishes requirements for credentials, duties, application, and renewal of credentials.
http://www.legis.nd.gov/information/acdata/pdf/67-11-03.3.pdf
Title: NDAC 67-11-03.3-01, -03.3-02, -03.3-03, -03.3-04
Source: http://www.legis.nd.gov

MSRule Adoption 06/2006pre-K-12Amends rules regarding the NCLB consolidated state application. Revises the methodology for awarding competitive grants for the 21st Century Community Learning Centers Program. Mississippi 10397
Title: Title IV, Part B Subpart 2
Source: Lexis-Nexis/StateNet

FLSigned into law 05/2006pre-K-12The Commissioner of Education shall submit to the Legislature the proposed state plan for the reauthorization of the No Child Left Behind Act before the proposed plan is submitted to federal agencies. The President of the Senate and the Speaker of the House of Representatives shall appoint members of the appropriate education and appropriations committees to serve as a select committee to review the proposed plan.

http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.doc&DocumentType=Bill&BillNumber=7087&Session=2006
Title: H.B. 7087 (Section 7)
Source: Florida Legislature

VASigned into law 04/2006pre-K-12Directs the Board of Education to develop a plan to eliminate initiatives or conditions that are currently being funded by No Child Left Behind, unless such initiatives or conditions are an integral and necessary component of the Commonwealth's own Standards of Quality, Standards of Accreditation, or Standards of Learning. Upon development of the plan, directs the Office of the Attorney General must provide the Board and the General Assembly with an estimate of the costs for providing legal services in the event the elimination of any initiatives or conditions results in the withholding of Title I funds. Requires the state board to report its plan to the Senate Committee on Education and Health, the House Committee on Education, the Senate Committee on Finance, and the House Committee on Appropriations by October 1, 2006.
http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0879, http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0904
Title: H.B. 1427, S.B. 410
Source: http://leg1.state.va.us

VASigned into law 04/2006pre-K-12Encourages the president of the state board to request from the U.S. Department of Education, in calendar year 2006, the following waivers and exemptions of the statutory and regulatory requirements of the federal No Child Left Behind Act:
1. Additional flexibility for the Commonwealth to apply sanctions regarding supplemental services and public school choice.
2. The identification of schools in improvement to consider those schools that fail to make adequate yearly progress for two consecutive years in the same subject and for the same subgroup.
3. The modification of adequate yearly progress calculation policies to accommodate appropriate measures of progress for students with disabilities and those students who are limited English proficient.
4. The ability to count the passing scores of students on retests in the calculation of adequate yearly progress in a manner that increases the validity of adequate yearly progress determinations across tested grade levels.

Directs the president of the state board to make a report on the status of the above requests to the governor, the chairmen of the senate education and health and house education committees, and the chairmen of the senate finance and house appropriations committees no later than the first day of the 2007 session of the general assembly. Provides that if such report indicates that the U.S. Department of Education's response to the requests is unsatisfactory, the president of the state board must make recommendations to the governor and the general assembly regarding additional actions, which may include, but need not be limited to (i) the nullification and revocation of the Virginia Consolidated State Application submitted to the U.S. Department of Education; (ii) legal actions that may be taken by the Office of the Attorney General; and (iii) additional negotiations with the U.S. Department of Education. http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0880
Fiscal impact statement: http://leg1.state.va.us/cgi-bin/legp504.exe?061+oth+HB1428FER122+PDF
Title: H.B. 1428
Source: http://leg1.state.va.us

IDAdopted 04/2006pre-K-12Reorganization and revision of standards to meet NCLB requirements. Deletes text of standards from state board regulations. Incorporates Idaho Achievement Standards by reference (standards now available on state board of education Web site: http://www.boardofed.idaho.gov) Pages 20-71 of 111: http://adm.idaho.gov/adminrules/bulletin/bul/06apr.pdf
Title: IDAPA 08.02.03
Source: adm.idaho.gov

WASigned into law 03/2006pre-K-12Requires that, before the beginning of the 2006-07 school year, the superintendent of public instruction shall request flexibility from the United States department of education to conduct a pilot project with a limited number of local school districts regarding the academic assessments administered for the purpose of complying with P.L. 107-110, the No Child Left Behind Act of 2001. The superintendent shall request the flexibility to pilot, with no more than six school districts and for a specified length of time, an assessment other than the Washington assessment of student learning in grades three, five, six, and eight for reading and mathematics. The purpose of the pilot project is to determine whether a different assessment provides greater local control and flexibility while maintaining the testing standards and continuity of
student performance measurement expected by the federal law. Provides that, if the request for flexibility is granted, the superintendent shall revise the Washington state accountability plan required under section 1111 of P.L. 107- 110 to incorporate the pilot project into the plan, and school districts participating in the pilot project shall not be required to administer the Washington assessment of student learning in grades three, five, six, and eight in reading and mathematics during the pilot project. At the end of the pilot project, the superintendent shall evaluate whether the assessment under the pilot project can be used on a statewide basis to comply with P.L. 107-110 and shall forward findings
and recommendations to the legislature and to the United States department of education.
http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Passed%20Legislature/2414-S.PL.pdf
Title: H.B. 2414
Source: http://www.leg.wa.gov/

LAAdopted 11/2005pre-K-12Brings state content standards in science, social studies and mathematics into compliance with provisions in the No Child Left Behind (NCLB) Act of 2001.
Science: pp 6-41 of 198
Social studies: pp 41-73 of 198
Mathematics: pp 73-98 of 198
English language arts: pp 98-132 of 198
http://www.doa.state.la.us/osr/reg/0511/0511RUL.pdf
AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064
Title: LAC 28:CXIX, Chapters 1-17; LAC 28:CXXIII, Chapters 1-21; LAC 28:CXXI, Chapters 1-13; LAC 28:LXIII.Chapters 1-19
Source: Lexis-Nexis/StateNet, www.doa.state.la.us/osr

COVetoed 06/2005pre-K-12Requires the department to contract every 3 years for an independent evaluation of the state accountability system and the No Child Left Behind Act of 2001. Requires the evaluation to include:
(1) The impact of the accountability systems on learning and teaching;
(2) Public perception of and confidence in the accountability sytems;
(3) The effectiveness of the parties involved in the accountability systems, including the department, districts, state charter school institute, and public schools;
(4) Improvements that may be made to the data collected through the accountability systems; and
(5) Recommended changes to statutes or rules pertaining to the accountability systems.

Requires the report to include an evaluation of the state acceditation indicators and how districts or the state charter school institute can meet or fail to meet such standards.

Changes the school designations in the state accountability system from "excellent", "high", "average", "low" and "unsatisfactory" to "excellent", "high achieving", "achieving", "priority" and "high priority". Requires the state board to develop procedures for a district or the state charter school institute to appeal or waive a school's rating based upon unusual testing circumstances.

http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/489B14D223FBDD2087256F5D006BE665?Open&file=214_rev.pdf
Title: S.B. 214 (Section 1-2)
Source: www.leg.state.co.us

NJREPORTED OUT OF ASSEMBLY COMMITTEE, 2ND READING 05/2005pre-K-12An Assembly Resolution urging the Governor to join the State of Connecticut's lawsuit concerning the "No Child Left Behind Act of 2001."
Title: H.R. 267
Source: StateNet

COSigned into law 04/2005pre-K-12Effective July 1, 2005, allows a local board to adopt a resolution stating its intent to decline one or more federal funding sources of the No Child Left Behind Act of 2001, and thereby be exempt from the requirements of the act. Requires the resolution to remain in place until rescinded by the local board. States that if a district adopts a resolution to decline federal funding sources in this manner, the action will nto affect the district's accreditation status, and the department and the state board may not impose any form of sanction on the district for its action in declining federal funds and not complying with the federal requirements from which it is exempt.
http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/081AB298840E623D87256F500058FF4D?Open&file=050_enr.pdf
Title: S.B. 50
Source: www.leg.state.co.us

NDSigned into law 04/2005pre-K-12AN ACT to provide an appropriation for defraying the expenses of the department of public instruction, the school for the deaf, North Dakota vision services - school for the blind, and the state library; to provide an appropriation to the division of independent study; to provide for the distribution of special education payments; to provide for a legislative council study; to provide a statement of legislative intent; to amend and reenact section 15.1-02-02 of the North Dakota Century Code, relating to the salary of the superintendent of public instruction; and to declare an emergency

The legislative council shall study, during the 2005-06 interim, the state's elementary and secondary education system, including
key measurements of student progress, programs that address the state's competitiveness with other
states, costs incurred by the state relating to implementing the No Child Left Behind Act, and the most
effective means of using taxpayer dollars at the state and local levels to ensure the best possible
education for the children of this state.

http://www.state.nd.us/lr/assembly/59-2005/bill-text/FQNG0500.pdf
Title: H.B. 1013
Source: http://www.state.nd.us

UTPassed 04/2005pre-K-12This resolution: recognizes that the Utah Performance Assessment System for Students (U-PASS)
should be the basis for assessing and monitoring Utah's students and schools; recognizes that in order to increase student achievement, Utah should utilize competency-measured education and student growth measurements as described in U-PASS and Utah State Senate Bill 154, 2003 General Session; recognizes that the state should control its public education budget and allocate money according to Utah's priorities and needs, driven by decision-making of local school boards; and recognizes that until certain federal actions are taken, Utah should utilize its own proven system of student accountability and reassert its historic leadership role in providing a quality public education for the citizens of Utah.
H.http://www.le.state.ut.us/~2005/bills/hbillenr/hjr003.pdf
Title: H.J.R. 3 (related to H.B. 1001)
Source: http://www.le.state.ut.us

UTTo governor 04/2005pre-K-12School officials may:
(a) apply for, receive, and administer funds made available through programs of the
federal government;
(b) only expend federal funds for the purposes for which they are received and are
accounted for by the state, school district, or charter school; and
(c) reduce or eliminate a program created with or expanded by federal funds to the extent
allowed by law when federal funds for that program are subsequently reduced or eliminated.
(2) School officials shall:
(a) prioritize resources, especially to resolve conflicts between federal provisions or
between federal and state programs, including:
(i) providing first priority to meeting state goals, objectives, program needs, and
accountability systems as they relate to federal programs; and
(ii) providing second priority to implementing federal goals, objectives, program needs,
and accountability systems that do not directly and simultaneously advance state goals, objectives,
program needs, and accountability systems;
(b) interpret the provisions of federal programs in the best interest of students in this
state;
(c) maximize local control and flexibility;
(d) minimize additional state resources that are diverted to implement federal programs beyond the federal monies that are provided to fund the programs;
(e) request changes to federal educational programs, especially programs that are
underfunded or provide conflicts with other state or federal programs
http://www.le.state.ut.us/~2005S1/htmdoc/hbillhtm/HB1001.htm
Title: H.B. 1001
Source: http://www.le.state.ut.us

MDRule Adoption 04/2005pre-K-12Revises the Maryland Student Records System Manual (MSRSM) as a result of recent changes regarding health and graduation requirements. State assessments, prekindergarten requirements, kindergarten and prekindergarten phase-in dates, enrollment and transfers, and the No Child Left Behind Act of 2001. Updates references to the MSRSM. MARYLAND REG 10154 (SN)
Title: COMAR 13A.02.06.02, 13A.0801.01, .08.02.01
Source: StateNet