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.
Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].
| State |
Status/Date |
Level |
Summary |
|
 AL | Signed into law 05/2012 | P-12 | Establishes legislative findings. Directs the state superintendent of education to develop a school grading system for schools and districts, using an A, B, C, D, F framework. In developing the system, directs the superintendent to seek input from specified stakeholders on how the system can reflect each school's overall academic proficiency as well as academic progress, along with other key performance indicators. Directs the state superintendent to prescribe the design and content of the school grading system by December 31, 2012, and provides legislative intent that the system be in place by the 2013-14 school year. Permits the state superintendent to assign grades to school feeder patterns or grades that reflect the fiscal health and fiscal efficiency of a school or school system. Provides relative to making grades available to the public and to parents of public school students. Requires that a school's grade, at a minimum, be based on a combination of student achievement scores, achievement gap, college and career readiness, learning gains, and other indicators as determined by the state superintendent.
Establishes the Legislative School Performance Recognition Program to recognize high performance and exemplary progress in school rankings, to be implemented no earlier than the school grading system's 2nd academic year of implementation, provided rules governing the program's administration and implementation have been promulgated by the state department of education. Provides for the awarding of financial awards to selected schools, subject to the availability of appropriated funds. Requires that funds be awarded on a competitive basis. Provides relative to awarding of funds to schools. Provides that a school eligible for an award is exempt from any statute or regulation related to the prescribed use of funds at the school level, or any categorical spending requirements imposed through the appropriation of funds from the state, except those requirements associated with the receipt of federal funds. Requires that a list of schools eligible for an award be posted annually on the department of education website. Provides that a school eligible for an award is eligible for this flexibility regardless of whether the school receives a financial award.
Title: H.B. 588
Source: Westlaw/StateNet
| |
| GA | Signed into law 04/2012 | P-12 | Repeals Section 20-2-251, relating to demonstration programs (defined by former statute as a document submitted by the local school system or board of control of a regional educational service agency and approved by the State Board of Education which describes: how certain state policies, standards, rules, regulations, and categorical expenditure requirements in practice inhibit the local school´s, school system´s, or regional educational service agency´s delivery of an appropriate and effective educational program ). Page 6 of 11: http://www.legis.ga.gov/Legislation/20112012/127649.pdf
Title: H.B. 706 - Demonstration Programs
Source: www.legis.ga.gov
| |
| WV | Signed into law 03/2012 | P-12 | Allows flexibility within county school systems; authorizes the State Board of Education to select a county school system to serve as a school system collaborative innovation zone; specifying effect of change in school system approval status; providing the procedure and criteria for application and selection as a school system collaborative innovation zone; requiring development of school system collaborative innovation zone plan; setting forth potential innovations; authorizing a designated school system to submit requests for exceptions from county and state board rules and policies; permitting exceptions from statutes subject to legislative approval; requiring annual performance reviews and reports; permitting the posting of certain teaching vacancies; and including, for a school system collaborative innovation zone and to the extent applicable, any land and infrastructure needs in the land use master plan, authorizing an area health association to work with county board in addressing health, wellness and fitness needs and authorizing an area institution of higher education to work with the county board to address certain challenges. http://www.legis.state.wv.us/Bill_Text_HTML/2012_SESSIONS/RS/pdf_bills/sb371%20SUB1%20enr%20PRINTED.pdf
Title: S.B. 371
Source: www.legis.state.wv.us
| |
| OH | Signed into law 08/2011 | P-12 | Permits a school to apply to its district board to be designated as an innovation school. Requires an application to include numerous elements, including a statement of the school's mission and an explanation of how the designation would enhance the school's ability to fulfill its mission; a description of the innovations the school would implement; a description of the improvements in student academic performance the school expects to achieve by implementing the innovations; and estimate of the cost savings and increased efficiencies, if any, that the school expects to achieve by implementing the innovations. Permits two or more schools in the district to apply for designation as an innovation school zone, if the schools share common geographical proximity or similar educational programs, or if the schools serve the same classes of students as they advance to higher grade levels. Directs local boards in approving innovation school or innovation school zone applications to give preference to applications that propose innovations in any of a number of areas. Permits the board to approve an application that allows an innovation school or innovation school zone-participating school to determine employee compensation, but provides that total compensation for all such employees must not exceed the financial resources allocated to the school by the board. Permits an innovation school or innovation school zone-participating school to remove employees from the school, but no employee may be terminated except as provided in section 3319.081 or 3319.16. Also permits a local board to designate a school as an innovation school, and to designate two or more schools as an innovation school zone, by creating an innovation plan for the school(s).
Directs a local board that has approved an application for an innovation school or innovation school zone, or that has designated an innovation school or innovation school zone, to apply to the state board of education for designation as a school district of innovation. Permits the state board to deny the application if the innovation plan is deemed not financially feasible or to likely result in decreased academic achievement, in which case the district must not implement the innovation plan. Permits a district to reapply for designation as a school district of innovation at any time. Establishes a process for a district to submit a preliminary review of an innovation plan before submitting a formal application for designation as a school district of innovation. Provides that upon designation of a school district of innovation, the state board must waive laws specified in the innovation plan as needing to be waived to implement the plan, but only for those schools participating in the innovation plan. Identifies provisions of law from which no waivers may be applied. Requires collective bargaining agreements entered into after the effective date of this act to allow for the waiver of any provision of the agreement in the event the district is designated as a school district of innovation. Directs local boards to make every reasonable effort to accommodate requests for transfer of employees in innovation schools or innovation school zones to another school in the district.
Requires local boards to evaluate the performance of innovation schools and innovation school zones no later than every three years to determine if the school is achieving, or making sufficient progress toward achieving, the improvements in student academic performance described in its innovation plan. Permits a district to revoke innovation status if achievement or progress toward achievement is deemed insufficient. Permits a school to be removed from an innovation school zone, or for the designation of all schools in an innovation school zone to be revoked, if insufficient achievement or progress toward achievement is found. Permits a district to revise an innovation plan in collaboration with school(s) participating in the plan, to further enhance student performance; however, any revisions to an innovation plan must require the consent, in
each school participating in the plan, of a majority of the administrators and a majority of the teachers assigned to that school. Permits the board of any district designated a school district of innovation, or any school participating in an innovation plan to accept, receive, and expend gifts, grants, or donations from any public or private entity to support the implementation of the plan.
Requires the department of education to annually report on school districts of innovation, including an overview of the innovations implemented in innovation schools and innovation school zones; data on the academic performance of the students enrolled in an innovation school or an innovation school zone, including a comparison of the students' academic performance before and after the district's designation as a school district of innovation; and recommendations for legislative changes based on the innovations implemented or to enhance the ability of schools and districts to implement innovations.
Page 43-50 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf
Title: H.B. 153 - Innovation Schools
Source: www.legislature.state.oh.us
| |
| IL | Adopted 07/2011 | P-12 | Establishes procedures under 105 ILCS 5/22-60 for a school district, private school or district resident to appeal to the state superintendent a regional superintendent's decision regarding a request for an exemption. Pages 164-166 of 413: http://www.cyberdriveillinois.com/departments/index/register/register_volume35_issue30.pdf
Title: 23 IL ADC 1.110
Source: www.cyberdriveillinois.com
| |
| OH | Signed into law 06/2011 | P-12 | Provides that for any building that is ranked in the lowest 5% of all public school buildings statewide for three consecutive years and is declared to be under an academic watch or in a state of academic emergency, the district board must do one of the following: (1) Close the school and direct the district superintendent to reassign the students to another school; (2) Contract with another school district or a nonprofit or for-profit entity with a demonstrated record of effectiveness to operate the school; (3) Replace the principal and all teaching staff and, upon request from the new principal, exempt the school from all requested policies and regulations of the board regarding curriculum and instruction. The board must also distribute funding to the school in an amount that is at least equal to the product of the per pupil amount of state and local revenues received by the district multiplied by the student population of the school. (4) Reopen the school as a conversion community school. Provides that if any of the actions described above causes the district to no longer maintain all grades K-12, the district must contract with another district for enrollment of students. Provides that if the district board fails to or is unable to enter into or maintain such a contract, the state board of education shall take all necessary actions to dissolve the district. Pages 50-51 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf
Title: H.B. 153 - Sanctions for the Lowest-Performing Schools
Source: www.legislature.state.oh.us
| |
| NJ | Issued 04/2011 | P-12 | Establishes the New Jersey Education Transformation Task Force. Charges the task force with reviewing all current administrative regulations that affect public education, and evaluating them to determine the degree to which they increase the quality of instruction for students, improve student academic achievement, improve teaching effectiveness, or improve the safety and well-being of students. Directs the task force to also review the statutes supporting these administrative regulations. Requires the task force to prepare recommendations for the governor and commissioner of education regarding all statutes and regulations that are overly prescriptive. Additionally directs the task force to review existing accountability systems and resulting incentive structures for public schools and districts, including the Quality Single Accountability Continuum ("Q SAC"). Directs the task force to provide recommendations to the governor on an accountability system that would give schools and districts greater autonomy while maintaining strict accountability measures in the areas of student performance, safety and fiscal responsibility.
Permits the task force to elicit public input from specified stakeholders. Directs the task force to issue an initial report to the governor by August 15, 2011, and to revise the recommendations as necessary based on comments from the public, stakeholders and the state board of education. Provides the task force will expire upon the governor's receipt of a report containing its final recommendations. Directs the task force to issue its final recommendations by December 31, 2011, to provide the final report to the legislature and state board, and make the report available to the general public.
http://nj.gov/infobank/circular/eocc58.pdf
Title: E.O. 58
Source: nj.gov/infobank
| |
| FL | Signed into law 07/2010 | P-12 | Repeals 1003.63, which created the deregulated public schools pilot program. Also repeals subsection (7) of section 1008.345, which allowed schools earning an "A" grade in the state accountability system to receive deregulated status upon the school's request. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7037er.docx&DocumentType=Bill&BillNumber=7037&Session=2010
Title: HB 7037 - Sec 29 and 30
Source: http://www.myfloridahouse.gov
| |
| LA | Signed into law 06/2010 | P-12 | Authorizes the State Board of Elementary and Secondary Education to exempt districts from various laws and regulations pertaining to education; to provide procedures regarding request for and approval of such waivers, including schools within the Recovery School District. The waiver procedures are different for low-performing schools. Schools must explain how waivers will improve student learning and teacher effectiveness, and how results will be measured.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=722584
Title: H.B. 1368
Source: http://www.legis.state.la.us/
| |
| IL | Adopted 11/2009 | P-12 | Partially from "Notice of Adopted Amendments" in Illinois Register (changes from this rulemaking but not listed below are technical in nature or echo recent changes in legislation):
Section 1.20: Revised to distinguish among the appropriate levels of sign-off on the corrective plan a district must submit depending on whether a school or the district has been placed on probation. Adds a provision allowing a district's or school's status to be changed to "nonrecognized" if, at any time that a corrective action plan is in effect, the state superintendent determines that the agreed-upon actions are not being implemented in accordance with the plan or the underlying areas of noncompliance are not being remedied.
Section 1.30: Updated to refer to state assessment accommodations now allowed for limited English proficient students, and now specifies when time extensions will be made available to those students (in response to P.A. 94-642, which authorized the state board to allow additional time "by rule"). Revises labels used to describe scores on the Illinois Alternate Assessment, and updates rule on review and verification of assessment information.
Section 1.100: Adds details so that staff of districts and other eligible applicants will have more specific guidance as to what is expected as part of the process for receiving waivers and modifications of requirements in the school code or administrative rules.
Section 1.240: Expanded to include a reference to gender identity among the prohibited bases for discrimination because it may otherwise not be clear that gender identity is encompassed in the definition of "sexual orientation".
Section 1.420: Adds provision specifying that each district's plan for recording student progress and/or awarding credit must include credit for courses completed by correspondence, online or from other external sources. Specifies that a district may count four clock-hours as a day of instruction only due to a condition beyond the district's control; specifies other requirements that must be met for the state superintendent to approve a district's request to use "multiple sessions" to fulfill school day requirements. Specifies that students in attendance for at least 150 but fewer than 240 minutes of school work may be counted for a half-day of attendance; students in attendance for fewer than 150 minutes of school work are not to be counted for purposes of calculating average daily attendance. Emphasizes the meaning of the portion of the rule on library media programs that distinguishes between the services that may be performed only by certified library information specialists and the other tasks that may be inherent in districts' operation of their programs.
Section 1.465 (on awarding of credit for foreign language study in an ethnic school program) and 1.480 (on correctional institution educational programs): Generally updated, including the insertion of current statutory citations.
Section 1.510: Main revision conveys state board's interpretation that districts may not pick and choose among students in the same situation once they elect to transport some students.
Section 1.737: Updated to complement new requirements for endorsements in safety and driver education that will take effect in 2012.
Pages 324-388 of 432: http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue45.pdf
Title: 23 IAC 1.20, .30, .100, .240, .420, .465, .480, .510, .737
Source: www.cyberdriveillinois.com
| |
| GA | Adopted 11/2009 | P-12 | Renames rule (previously titled "School District Contracts for Flexibility and Accountability to Improve Student Achievement") to "Investing in Educational Excellence (IE2): Local Education Agency Contracts for Flexibility and Accountability". Amends rule, which allows local education agencies (LEAs) to request increased flexibility from certain state laws in exchange for increased accountability and defined consequences. Repeals provision that allowed contracts to be renewed beyond the initial five-year term (for up to five additional years) if a district's performance met the contract goals. Adds section on public input and transparency. New section requires local boards, prior to approving local plans for submission to the state board, to notify the public regarding the LEA's intent to seek such a contract with the state, and to hold a public hearing providing an opportunity for public input on the strategic plan and proposed contract, including on the LEA' s flexibility requests and performance goals, and their impact on each school. Also requires that a public hearing be held if the LEA chooses to amend the terms of an existing contract or seek additional flexibility. Clarifies that the Governor's Office of Student Achievement's (GOSA) monitoring of districts regarding progress toward intermediate and five-year goals must be on an annual basis. Directs the GOSA to present annual written progress reports to the state board of education for each Investing in Educational Excellence contract. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-1-.33.pdf
Title: GAC 160 -5-1-.33
Source: www.doe.k12.ga.us
| |
| OH | Signed into law 07/2009 | P-12 | Authorizes local boards to apply to the state superintendent for waivers from financial provisions established in Chapter 3306, including any applicable expenditure or reporting standard prescribed by rule adopted by statutory requirement, or or a waiver of any operating standard adopted under division (D)(3) of section 3301.07. Directs the state board to adopt standards for the approval or disapproval of such waivers. Requires the state superintendent to consider every waiver application, and to determine whether to grant or deny a waiver in accordance with the state board's standards. For each waiver granted, directs the state superintendent to specify the time period during which the waiver is in effect, up to five years. Allows a district to apply to renew a waiver.
Pages 1113-1114 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3306.40
Source: www.legislature.state.oh.us
| |
| OH | Signed into law 07/2009 | P-12 | Existing law allows waivers from certain state mandates to school districts identified as "excellent" or "effective" under the state accountability system. New provision provides that such districts may not be released from any standard or requirement of Chapter 3306 (school finance), or from any operating standard adopted under division (D)(3) of section 3301.07.
Existing law allows schools to submit applications to the state board proposing an innovative education pilot program the implementation of which requires exemptions from specific statutory provisions or rules. New provision adds that an exemption from Chapter 3306 or from any operating standard adopted under division (D)(3) of section 3301.07 of the Revised Code may be granted only pursuant to a waiver granted by the superintendent of public instruction under section 3306.40.
Pages 1056-1057 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
Title: H.B. 1 - Section 3302.05 and 3302.07
Source: www.legislature.state.oh.us
| |
| OH | Adopted 03/2009 | P-12 | Authorizes the governing board of any educational service center, or the administrative authority of any chartered nonpublic school to submit an application to the state board for an exemption from specific statutes and/or rules in order to implement a proposed innovative education pilot program (previous rule allowed only school districts to submit a waiver application). Adds provision that an application requesting exemptions in order to provide professional development for educators may be granted for research-based high quality professional development activities as defined by state-board adopted professional development standards, which are available on the department's website, www.ode.state.oh.us. Requires the department to approve or disapprove each application within 45 days of receipt.
Provides a district identified as deficient or implementing a corrective action plan is eligible for a waiver. Provides an application to continue a program permitted by an exemption is not complete until an annual evaluation report is completed and submitted to the department. http://www.registerofohio.state.oh.us/pdfs/3301/0/46/3301-46-01_PH_FF_A_RU_20090313_1156.pdf
Title: OAC 3301-46-01
Source: www.lexis.com
| |
| OH | Adopted 03/2009 | P-12 | Authorizes the governing board of any educational service center or the administrative authority of any chartered nonpublic school to submit an application for exemption from state policies in order to implement a proposed innovative education pilot program. Adds that an application requesting exemptions in order to provide professional development for educators may be granted for research-based high quality professional development activities as defined by standards for professional development adopted by the state board of education. Clarifies language on timeline and procedures for approval of applications. Adds that applications to continue approved programs are not considered complete until an annual evaluation report is completed and submitted to the department. http://www.registerofohio.state.oh.us/pdfs/3301/0/46/3301-46-01_PH_FF_A_RU_20090313_1156.pdf
Title: OAC 3301-46-01
Source: www.registerofohio.state.oh.us
| |
| GA | Signed into law 04/2008 | P-12 | Relates to elementary and secondary education; provides that a local school system may enter into a contract with the state board of education for increased flexibility in exchange for increased accountability; relates to waivers to improve student performance; provides exemptions for charter systems.
Authorizes a local superintendent to concurrently serve as a principal, teacher or in another staff position. Authorizes a local superintendent to concurrently serve as superintendent of more than one school system in accordance with the terms of the superintendent's respective contracts and upon approval by each affected local school system.
Bars the state board of education from providing any district with waivers related to class size requirements (excepting hardship provisions); expenditure controls, certification requirements and salary schedule requirements.
http://www.legis.state.ga.us/legis/2007_08/pdf/hb1209.pdf
Title: H.B. 1209
Source: www.legis.state.ga.us
| |
| IL | Signed into law 08/2007 | P-12 | Provides that a state-board approved waiver from or modification to a physical education mandate may remain in effect for a period not to exceed 2 school years and may be renewed no more than 2 times upon application by the eligible applicant. http://www.ilga.gov/legislation/95/HB/PDF/09500HB1839lv.pdf
Title: H.B. 1839
Source: www.ilga.gov/legislation
| |
| IA | Signed into law 04/2007 | P-12 | Section 5: Strikes and rewrites section 256.11A. Authorizes the board of directors of a school district to file a request by August 1, 2007 for a waiver from the following requirements for the 2007-2008 school year:
a. Apply for a one-year extension of a waiver granted for the previous school year that the district have a qualified teacher librarian.
b. That the school district have a qualified guidance counselor. The board of directors of the school district may, not later than August 1, 2008, for the 2008-2009 school year, apply for a one-year extension of the waiver.
c. That the school district have a school nurse. The board of directors of the school district may, not later than August 1, 2008, for the 2008-2009 school year, apply for a one-year extension of the waiver.
Provides that a request for a waiver must describe actions being taken by the district to meet the requirement for which the district has requested a waiver. Specifies that a school district cannot request a waiver of a requirement if it met certain requirements in the previous school year.
Section 8: Authorizes the school budget committee in the department of education to grant supplementary aid to a district to hire one or more guidance counselors, teacher librarians, and/or school nurses from any funds appropriated to the department for the use of the committee,
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&ga=82&hbill=SF277
Title: S.F. 277 (Section 5 and 8)
Source: coolice.legis.state.ia.us
| |
| TN | Signed into law 05/2006 | P-12 | Permits local education agencies to seek waivers from department of education of any rule or statute that inhibits the LEA's ability to achieve its mission; the commissioner may not waive requirements related to:civil rights, health and safety, public records, Immunizations, possession of weapons on school grounds, background checks and fingerprinting of personnel, special education services, student due process, parental rights, student assessment and accountability, and open meetings. Public Chaptered. Chapter No. 727
http://www.legislature.state.tn.us/bills/currentga/BILL/HB3172.pdf
Title: H.B. 3172; S.B. 3125
Source: Tennessee Legislature
| |
| MS | Signed into law 03/2006 | P-12 | Relates to school districts; establishes home rule; exempts Level 4 or 5 accredited districts from certain requirements. Authorizes the State Board of Education to exempt any school district meeting Level 4 or 5 state accreditation standards from any compulsory standard of accreditation. However, if the standard of accreditation is an educational policy required by statute, exemptions may only be made if specifically authorized by law.
http://billstatus.ls.state.ms.us/documents/2006/html/HB/1100-1199/HB1121SG.htm
Title: H.B. 1121
Source: http://billstatus.ls.state.ms.us/
| |
| GA | Adopted 10/2005 | P-12 | Clarifies rules so that school systems may apply for waivers of certain education law for the purpose of increasing student achievement.
AGENCY CONTACT: Patricia L. Mills, Department of Education, 2052 Twin Towers East, Atlanta, GA 30334, 404- 656-4689, fax 404-657-8376
http://public.doe.k12.ga.us/_documents/doe/legalservices/160-1-3-.02.pdf
Title: GAC 160-1-3-.02
Source: Lexis/Nexis, StateNet
| |
| WV | Signed into law 04/2005 | P-12 | Creates a pilot program; cites the Local Government Flexibility Act of 2005; relates to the ability of local government and school districts to request waivers. http://www.legis.state.wv.us/Bill_Text_HTML/2005_SESSIONS/RS/BILLS/SB419%20SUB1.htm
Title: S.B. 419
Source: http://www.legis.state.wv.us
| |
| IL | Signed into law 07/2004 | P-12 | Amends the School Code. Allows a joint agreement made up of school districts or a regional superintendent of schools on behalf of schools and programs operated by the regional office of education to apply for a waiver or modification of mandates within the School Code and State Board of Education rules. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0707
Title: S.B. 3091
Source: Illinois Legislative Web site
| |
| TN | Signed into law 05/2003 | P-12 | Allows the Commissioner of Education to authorize up to 16 school systems to operate as alternative education programs which emphasize
school-based decision making. Current law authorizes up to eight school systems to operate such programs. Raises the maximum amount of the individual grants to be awarded for these programs from $50,000 to $75,000. http://www.legislature.state.tn.us/bills/currentga/BILL/SB1024.pdf
Title: S.B. 1024
Source: http://www.legislature.state.tn.us
| |
| NM | Signed into law 04/2003 | P-12 | Allows for the waiver of certain requirements for schools that exceed educational standards; waivers may be given for accreditation review, length of school day, individual class load requirement, subject area requirement, graduation requirement, school personnel evaluation standards and purchase of instructional materials. http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/senate/SB0080.pdf
Title: S.B. 80
Source: http://legis.state.nm.us
| |
| ND | Signed into law 04/2001 | P-12 | Allows any school or school district to apply to the superintendent of public instruction for a waiver
of any rule governing the accreditation of schools, provided the waiver encourages innovation, has
the potential to result in improved education opportunities or enhanced academic opportunities for students. Waivers may not exceed one year.
Title: S.B. 2166
Source: http://www.state.nd.us/lr
| |
| KY | Signed into law 03/2000 | P-12 | Authorizes the Kentucky Board of Education, at the request of a local school district superintendent, to waive reporting and paperwork requirements upon a finding of good cause, except reports required by federal law or related to health, safety, or civil rights.
Title: H.B. 884
Source: Lexis-Nexis/StateNet
| |
|