From the ECS State Policy Database Governance--Ethics/Conflict of Interest

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 LA Signed into law 06/2012 P-12 Amends education requirements for members of retirement system boards of trustees. Makes continuing education requirements also applicable to each designee of a member. Doubles the hours of training required each year related to actuarial science information; the laws, rules, and regulations applicable to the member's system; and fiduciary duty and ethics. Requires a new board member to have completed the fiduciary and ethics requirement and at least one hour in each of the other areas before voting on any matter (previous language required a new member to have completed one hour of education in each of the four areas before voting on any matter). http://www.legis.state.la.us/billdata/streamdocument.asp?did=810359 Title: S.B. 16 Source: www.legis.state.la.us LA Signed into law 06/2012 P-12 Requires a candidate for statewide elective office or state legislator to obtain at least one hour of ethics education and training in the same manner as statutorily required of public servants. Provides for certification of completion of such education and training. http://legis.la.gov/billdata/streamdocument.asp?did=812058 Title: H.B. 365 Source: legis.la.gov MS Signed into law 04/2012 P-12 Establishes an office within the State Department of Education to respond to and conduct hearings regarding educator and administrator licensure and ethics violations. Provides that approval of educator preparation programs is subject to a process and schedule determined by the State Board of Education. http://billstatus.ls.state.ms.us/documents/2012/pdf/HB/1100-1199/HB1144SG.pdf Title: H.B. 1144 Source: http://billstatus.ls.state.ms.us/ KY Signed into law 04/2012 P-12 Allows a superintendent's spouse who has at least 8 years of service in school systems to be an employee in the district in which the superintendent is employed (under previous provisions, superintendent's spouse had to have at least 20 years of service in school systems to be an employee of the district). Amends provisions regarding school councils' hiring authority. Provides that if the applicant is the superintendent's spouse and meets the aforementioned service requirements, the applicant shall only be employed upon the recommendation of the principal and the approval of a majority vote of the school council. http://www.lrc.ky.gov/record/12RS/HB366/bill.doc Title: H.B. 366 Source: www.lrc.ky.gov CA Vetoed 10/2011 P-12 From bill summary: Prohibits any member of the board of, and any designated employee of, the Public Employees' Retirement System (PERS) or State Teachers' Retirement System (STRS) from accepting gifts in any calendar year with a total value of more than $50 from any single person who has secured a contract with, or submitted a contract proposal to, PERS or STRS within the previous 5 years. Provides a gift is not deemed to have been accepted if the gift or its equivalent dollar value is returned to the donor within 30 days after receipt of the gift. Disqualifies a vendor or contractor that makes gifts in violation of the above-described gift limit on 2 separate occasions in a 5-year period from bidding on, and being awarded, any contract for a period of 2 years from the date of the 2nd penalty assessment made by the FPPC for commission of the violation. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0401-0450/sb_439_bill_20110912_enrolled.pdf Governor's veto message: http://gov.ca.gov/docs/SB_439_Veto_message.pdf Title: S.B. 439 Source: www.leginfo.ca.gov TX Signed into law 06/2011 P-12 From fiscal analysis: Requires school districts located either wholly or partly in a city with a population of 500,000 or more, and with a student enrollment of more than 15,000, to post on their Web sites the campaign finance reports for school board trustees and candidates for school board positions. Permits these school districts to remove portions of each political contributor's address to show only the city, state, and zip code, but requires that the removed information remain available on the reports maintained in the school districts' offices. Requires that the campaign finance reports be posted online no later than the 5th business day after the report is filed with the school district. (The Texas Ethics Commission reports that the bill's requirements would impact 16 school districts that meet the criteria.) Bill text: http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB00336F.pdf#navpanes=0 Fiscal analysis: http://www.capitol.state.tx.us/tlodocs/82R/fiscalnotes/pdf/HB00336F.pdf#navpanes=0 Title: H.B. 336 Source: www.capitol.state.tx.us GA Signed into law 05/2011 P-12 Directs the Professional Standards Commission to revise its certification renewal rules to require, effective July 2015, demonstration of the impact of professional learning on educator performance and student learning for purposes of certification renewal. Directs the Professional Standards Commission, as part of the revision process, to establish a task force to determine the level of evidence necessary for educators to demonstrate the impact of professional learning and how such evidence will be collected and submitted for purposes of certificate renewal. Directs the department of education and the Professional Standards Commission to cooperatively develop an online course on educator ethics. Provides one area of emphasis in the course must be best practices for administering state-mandated assessments. Clarifies the authority and responsibility of local units of administration to subject all prospective personnel to criminal background checks, and the authority of local units of administration to forward the results of criminal record checks to the Professional Standards Commission regarding potential violations of the code of ethics for educators. Clarifies that the Professional Standards Commission also has the authority to order criminal record checks through the Georgia Crime Information Center and the Federal Bureau of Investigation and has the authority to receive the results of such criminal record checks. http://www.legis.ga.gov/Legislation/20112012/116755.pdf Title: H.B. 285 Source: www.legis.ga.gov AR Signed into law 03/2011 P-12 Replaces prior policy on reporting of ethics violations for educators. Defines ethics violations, reporting requirements and disciplinary action to be taken in instances of ethics violations by an educator. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1045.pdf Title: H.B. 1952 Source: http://www.arkleg.state.ar.us NY Vetoed 08/2010 Postsec. Relates to qualifications for certain appointed positions with the board of trustees for the state university and CUNY. Prohibits specified SUNY trustees who are gubernatorial appointees from being employees of the governor. Prohibits specified CUNY trustees who are appointed by the governor and mayor from being employees of the governor and mayor, respectively. http://assembly.state.ny.us/leg/?default_fld=&bn=S01736&Summary=Y&Actions=Y&Text=Y Title: S.B. 1736 Source: assembly.state.ny.us IL Signed into law 07/2010 P-12 Allows a school treasurer to pay recurring bills upon certification by the clerk or secretary of the school board (instead of requiring an order of the school board signed by the president and clerk or secretary or by a majority of the board). Makes changes to when the record of the official acts of the school board must be submitted to the treasurer. Regarding the prohibition on a school board member having an interest in district contracts, work, business or sales, provides that a school board member must not be deemed interested if the board member is an employee of a business that is involved in the transaction of business with the school district, provided that the board member has no financial interests other than as an employee. Provides that a school board member's oath of office must be administered as determined by the board. Provides that a school board may authorize by policy (rather than by regulation) the superintendent, principal, assistant principal or dean of students to suspend pupils. Provides that a school board must be given a summary of the notice of a parent's right to a review of the suspension, including the reason for the suspension and the suspension length (instead of a copy of the full statement of the reasons for the suspension and the notice of the parent's right to a review). Makes changes concerning when an educational support personnel employee who has been dismissed is paid. Makes changes concerning the filing of a teacher's transcript of college credits. http://www.ilga.gov/legislation/96/SB/PDF/09600SB3515lv.pdf Title: S.B. 3515 Source: www.ilga.gov TX Adopted 06/2010 P-12 Amends s.33.5, concerning the code of ethics policy for managing and investing the Texas Permanent School Fund. Section 33.5 establishes procedures and requirements for a code of ethics policy relating to the Texas Permanent School Fund. The amendment clarifies and updates the code of ethics policy. Pages 11-19 of 64: http://www.sos.state.tx.us/texreg/pdf/backview/0625/0625adop.pdf Title: 19 TAC 33.5 Source: www.sos.state.tx.us GA Signed into law 05/2010 P-12 Requires local board member who moves out of local board jurisdiction to notify the local board secretary within 10 days of such move. Allows employees of private K-12 schools to serve on local school boards. Defines "immediate family member" as spouse, child, sibling or parent (or spouse of a child, sibling or parent). Bars an individual with an immediate family member (1) on a local board, or (2) serving as a local school superintendent, principal or assistant principal, or system administrative staff in the local school system from serving on the local board of education. Requires (1) every local board member to be a U.S. citizen and registered voter; to have read and understood the code of ethics and conflict of interest provisions applicable to local board members and agreed to abide by them; and have agreed to annually disclose compliance with the state board policy on local board member training, the local board's code of ethics and the conflict of interest provisions applicable to local board members. Authorizes the state board to waive these provisions by request of a local board or an individual seeking to qualify for office on a local board and (2) every candidate for a local board to file an affidavit affirming that he/she meets all the aforementioned qualifications (beginning with "U.S. citizen".) Provides that any person judicially determined mentally incompetent is ineligible for election to a local board of education unless the disability determination has been removed. Bars any local school board from having more than seven members, unless board exceeds seven members by local constitutional amendment, federal court order or other specified provisions. Amends provisions related to per diem and reimbursement of expenses for local board members. Provides for the fundamental roles of local boards of education and local school superintendents. Adds provision barring local board members or their family members from business activities or from acting in their official capacity in any matter that would constitute a conflict of interest. Adds provision barring local board members to use their position to secure privileges, advantages or employment for him/herself or others. Bars local board members (and their immediate family members and businesses in which board members have an interest) from accepting gifts, political contributions or other things of value given or offered to influence the board member in the discharge of his/her official duties. Adds provisions relating to confidentiality of information to which board members are privy that is not available to the general public. Directs the state board to adopt a model code of ethics for local board members, including appropriate consequences for a violation of the code of ethics. Within three months of state board adoption of a model code of ethics, requires each local board to adopt a code of ethics that, at a minimum, includes the state board's model code of ethics. Provides that if a local district or school is placed on the level of accreditation immediately preceding loss of accreditation for school board governance-related reasons, the governor may suspend all eligible members of the local board with pay and, in consultation with the state board, appoint temporary replacement members. Allows suspended board member to petition for reinstatement within 90 days; provides that any suspended member who does not petition for reinstatement within 90 days will be permamently removed, and his/her temporary replacement become a permanent member to finish out the removed member's term. Adds provisions relating to a removed board member's petition for reinstatement--requires hearing to determine whether the member's continued service on the board is more likely than not to improve the school system or school's ability to retain accreditation. Makes ineligible for service as a local superintendent any individual with an immediate family member (1) on the local board or (2) serving as a principal, assistant principal or system administrative staff member in that school system. Allows the state board to waive this provision on a local board's request. Repeals existing 20-2-230(b) requiring new members of governing boards to receive at least 12 hours of orientation within a year of assuming office. Directs the state board to adopt a training program for local board members. Within three months of such adoption, requires local boards and each governing board of other local units of administration to adopt a training program that includes, at a minimum, the state board's training program. http://www.legis.state.ga.us/legis/2009_10/pdf/sb84.pdf Title: S.B. 84 Source: www.legis.state.ga.us UT Signed into law 03/2010 P-12 Expands the membership of the state board of education by including a member of the state charter school board as a nonvoting member. Removes a statutory enrollment cap on charter schools. Allows the state board to approve an increase in charter school enrollment capacity, beginning in the 2012-13 school year, subject to legislative appropriation. Establishes state board and state charter school board procedures if the legislature does not appropriate funds for an increase in charter school enrollment capacity that has been tentatively approved by the state board. Modifies procedures for admitting students to charter schools and transferring from a charter school to a school district or another charter school. Modifies conflict of interest provisions applicable to charter school officers. Provides for the nomination by the state charter school board of members of a committee that reviews requests for loans to charter schools. http://le.utah.gov/~2010/bills/sbillenr/sb0188.pdf Title: S.B. 188 Source: le.utah.gov UT Signed into law 03/2010 P-12 Requires candidates for governor, lieutenant governor, state auditor, state treasurer, attorney general, state legislator, or state board of education member to file a financial disclosure at the time of filing a declaration of candidacy, and at least annually after election to office. Requires a candidate's financial disclosure form to be made publicly available. Amends definition of "conflict of interest" in Section 76-8-109; new language defines "conflict of interest" as an action that is taken by a regulated officeholder that the officeholder reasonably believes may cause direct financial benefit or detriment to the officeholder, a member of the officeholder's immediate family, or to an entity that the officeholder is required to disclose under legislative provisions. Defines "entity" and "income" for these purposes. Also requires such elected officials to publicly declare a conflict of interest before or while acting (including voting, in the case of a legislator or state board member) on a contract or other matter that creates a conflict of interest not stated in the financial disclosure form. http://le.utah.gov/~2010/bills/hbillenr/hb0270.pdf Title: H.B. 270 Source: le.utah.gov IL Signed into law 12/2009 P-12 In provisions requiring certain contracts to be awarded by competitive bid, provides that the acceptance of bids sealed by a bidder and the opening of these bids at a public bid opening may be permitted by an electronic process for communicating, accepting and opening competitive bids; requires certain safeguards. Imposes conditions on any rulemaking authority. http://www.ilga.gov/legislation/publicacts/96/PDF/096-0841.pdf Title: H.B. 613 Source: Lexis-Nexis/StateNet CA Vetoed 10/2009 Postsec. Community College The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless those records are exempt from disclosure. The act defines the terms "local agency" and "state agency" for purposes of the act. Revises the definition of "local agency" under the the Public Records Act to include specified auxiliary organizations established for the purpose of providing support services and specialized programs for the general benefit of a community college. Revises the definition of "state agency" to include auxiliary organizations related to the University of California and California State University systems and other specified entities. Exempts from disclosure the names of individuals who donate to those entities if those individuals request anonymity. Bill: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0201-0250/sb_218_bill_20090910_enrolled.pdf Veto message: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0201-0250/sb_218_vt_20091011.html Title: S.B. 218 Source: www.leginfo.ca.gov IL Signed into law 08/2009 Community College Provides that electronic bid submissions to community colleges must be considered a sealed document for competitive bid requests if they are received at the designated office by the time and date set for receipt for bids. Requires electronic bid submissions to be authorized by specific language in the bid documents in order to be considered and to be opened in accordance with electronic security measures. Prohibits construction bids from being submitted electronically. http://www.ilga.gov/legislation/96/HB/PDF/09600HB0862lv.pdf Title: H.B. 862 Source: Lexis-Nexis/StateNet OR Signed into law 08/2009 P-12 Creates a sentencing enhancement for sexual abuse in the second degree when the offender is a specified age or older and is a minor victim's athletic coach; increases biennial appropriations from the General Fund to the Department of Corrections and Public Defense Services Commission; appropriates moneys from the General Fund to the Judicial Department for biennial expenses. Chapter 876 http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2476.en.pdf Title: H.B. 2476 Source: http://www.leg.state.or.us HI Veto overridden: legislature has overridden governor's veto 07/2009 P-12 Organizes, clarifies, updates and recodifies campaign finance laws. Restricts limitations on contributions by contractors with the state to contributions by non-bid contractors only. Increases percentage limit on contributions by non-residents. Allows for pro-rata attribution of contributions by partnerships and limited liability companies. Allows campaign funds to be used for donations to public schools or public libraries, subject to limitations. Bill: http://www.capitol.hawaii.gov/session2009/Bills/HB128_HFA16_CD2_.htm Veto message: http://www.capitol.hawaii.gov/session2009/bills/GM836_.PDF Title: H.B. 128 Source: Lexis-Nexis/StateNet TX Signed into law 06/2009 Postsec. Creates new Section 51.9192. Applies to first-time students enrolling in public, private and independent institutions of higher education on or after June 2010, and residing in on-campus housing. Requires such a student to provide a signed certificate evidencing that the student has been vaccinated against bacterial meningitis. Provides exceptions on grounds of danger to student's health or on religious beliefs. Creates new Section 51.971. Defines "compliance program" as process to assess and ensure postsecondary officer and employee compliance with applicable laws and policies, including those regarding ethics and standards of conduct financial reporting, internal accounting controls, and auditing. Allows an institution maintaining a compliance program to establish procedures to preserve the confidentiality of communications and anonymity of individuals making a report or participating in an investigation. Specifies types of information that must be confidential. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB04189F.pdf Title: H.B. 4189 Source: www.legis.state.tx.us TX Signed into law 06/2009 P-12 Relates to instructional materials and technological equipment in public schools. Adds Section 31.0231, "Electronic Textbook and Instructional Material List." Directs the commissioner to adopt a list of electronic textbooks and instructional material including tools, models and investigative materials for use in the K-5 science curriculum. Requires state board to be given opportunity to review a textbook before it is placed on the list, and requires all textbooks to meet specified criteria, including that the textbook must be reviewed and recommended by experts in the subject area and in education technology. Specifies reimbursement procedures for a district that selects an electronic textbook or instructional material from the state list. Establishes conditions under which a district that selects a subscription-based electronic textbook or instructional material may may cancel the subscription and subscribe to a new electronic textbook or instructional material on the conforming list under Section 31.023 or the list adopted under Section 31.0231 before the end of the state contract period. Amends Section 31.152 to clarify that it is an offense if a school trustee, administrator or teacher (1) receives any commission or rebate on electronic textbooks, instructional materials or technological equipment used in the schools with which that person is associated in a professional capacity, or (2) accepts a gift, favor or service that might influence him/her in the selection of a textbook, electronic textbook, instructional material or technological equipment. Adds 32.351 through 32.355, "Computer Pilot Lending Program" (identical to that created by enrolled 2009 H.B. 2893 http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB02893F.pdf). Enrolled H.B. 4294: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB04294F.pdf Title: H.B. 4294 Source: www.legis.state.tx.us GA Signed into law 05/2009 P-12 Defines immediate family member. Effective with local board members elected or appointed after July 2009, bars an individual who has an immediate family member on a local board or serving as the district superintendent or as a principal, assistant principal or system administrative staff in the district from being eligible to serve as a member of such local board of education. Effective July 2009, bars an individual who has an immediate family member sitting on the local board for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff from serving as district superintendent. Provides that neither provision affects the employment of such board members or superintendents prior to the effective date of these provisions. http://www.legis.state.ga.us/legis/2009_10/pdf/hb251.pdf Title: H.B. 251 Section 2 Source: www.legis.state.ga.us GA Signed into law 05/2009 P-12 This section of H.B. 251 prohibits any person from being eligible to be appointed, employed, or to serve as superintendent of schools of any county or independent school system who has an immediate family member sitting on the local board of education for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009, by that school system. http://www.legis.state.ga.us/legis/2009_10/pdf/hb251.pdf Title: H.B. 251- Section Affecting Superintendent Selection Source: www.legis.state.ga.us WA Signed into law 04/2009 P-12 Modifies provisions relating to sexual misconduct by school employees; protects registered school students from sexual misconduct by school employees. Chapter 324 http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202009/1385.SL.pdf Title: H.B. 1385 Source: http://apps.leg.wa.gov/ WA Signed into law 04/2009 P-12 Prohibits school district employees from using public assets for private gain; prohibits a school district employee from employing or using any person, money, or property under the employee's official control or direction, in his or her official custody, or without authorization, for the private benefit or gain of the employee or another. Directs the office of the superintendent of public instruction to adopt disciplinary guidelines for violations. Chapter 224 http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Passed%20Legislature/1319-S.PL.pdf Title: H.B. 1319 Source: http://apps.leg.wa.gov NY Signed into law 10/2008 P-12 Creates new part III (sections 2050 through 2054) of article 41 of the education code. Provides that a lawyer may not simultaneously be an independent contractor and an employee of a district or board of cooperative educational services (BOCES). Provides that a lawyer who is not an employee of a district or BOCES may not seek to be or be considered an employee for purposes of compensation, health insurance, pension and all other employment-related benefits. Provides that any lawyer who violates these provisions is liable for a civil penalty of up to three times the charges and fees for contracted services or salary the lawyer received from the district or BOCES for legal services, and may be enjoined from continuing such violation. Provides that any lawyer who knowingly (1) seeks to be or is considered an employee for purposes of compensation, health insurance, pension and all other employment-related benefits or (2) falsifies or permits to be falsified retirement system records to obtain retirement benefits, is guilty of a class E felony. Requires every district and BOCES to annually file with the department, comptroller and attorney general a report specifying all lawyers providing legal services to the district or BOCES, whether the district or BOCES hired such lawyers as employees, and all compensation for legal services. Amends subdivision 3 of section 2601-a of the education law to specify that the administrative component of every district's annual budget must include all compensation, salaries and benefits of all school administrators and supervisors, including business administrators, superintendents, and deputy, assistant, associate or other superintendents under all existing employment contracts or collective bargaining agreements. http://assembly.state.ny.us/leg/?bn=S08699&sh=t Title: S.B. 8699 Source: assembly.state.ny.us IL Veto overridden: legislature has overridden governor's veto 08/2008 Community College Postsec. Amends the State Officials and Employees Ethics Act. Classifies community college districts as units of local government that must adopt resolutions regulating political activities, solicitation and acceptance of gifts by their officials and employees. http://www.ilga.gov/legislation/95/HB/PDF/09500HB4189lv.pdf Title: H.B. 4189 Source: Lexis-Nexis/StateNet IL Signed into law 08/2008 P-12 Provides that the State's Attorney must notify the board of trustees for the retirement system or pension fund if an employee is convicted of a job-related felony relating to or arising in connection with the employment for which the employee is covered under the retirement system or pension fund. http://www.ilga.gov/legislation/95/HB/PDF/09500HB4700lv.pdf Title: H.B. 4700 Source: Lexis-Nexis/StateNet NY Signed into law 07/2008 P-12 Requires the commissioner of education to revoke and annul the certificates of school administrators or supervisors for the conviction of felony defrauding of the government. http://assembly.state.ny.us/leg/?bn=S08554&sh=t Title: S.B. 8554 Source: Lexis-Nexis/StateNet HI Veto overridden: legislature has overridden governor's veto 07/2008 Postsec. Requires the board of regents of the University of Hawaii to disclose, in open meetings for the purpose of public comment, proposed compensation or changes in compensation for executive and managerial positions. Requires all documents regarding expenditures and changes thereto made by the board to be disclosed in such meetings and be made available to the public. Bill text: http://www.capitol.hawaii.gov/session2008/Bills/SB2263_HD1_.htm Governor's veto message: http://hawaii.gov/gov/leg/2008-session/veto-messages/SB2263%20SOBJ.pdf Title: S.B. 2263 Source: Lexis-Nexis/StateNet LA Signed into law 06/2008 Postsec. Provides that any alumni association, alumni foundation, or other private, nonprofit alumni organization that supports a public institution of higher education and that raises $75,000 or less in a fiscal year is not required to have an audit. Requires such an alumni association to execute a certification indicating that it received $75,000 or less in funds in the fiscal year, and to prepare a sworn financial statement. Establishes required content of sworn financial statement. Requires copies of the certification and sworn financial statement to be furnished to the legislative auditor. http://www.legis.state.la.us/billdata/streamdocument.asp?did=503376 Title: H.B. 1184 Source: www.legis.state.la.us AZ Vetoed 05/2008 P-12 Provides that the State Board of Education will recommend to each School District or Charter School a code of conduct for certified and noncertified employees of school districts and charter schools that shall include descriptions of unprofessional and immoral conduct; allows a school district or charter school to adopt recommendations for the code in a public meeting and ultimately to post that code on its website; provides that failure to adopt a code shall not be grounds for a private cause of action. http://www.azleg.gov/legtext/48leg/2r/bills/sb1341c.pdf Title: S.B. 1341 Source: http://www.azleg.gov AL Signed into law 05/2008 P-12 Relates to competitive bidding on contracts of certain state and local agencies. Increases the minimum amount of contracts subject to competitive bid. Includes city and county boards of education in the list of awarding authorities that may establish local preference zones. Changes from mandatory to permissive the furnishing of a bid bond by a bidder. Provides the authority may make purchases or contracts through a reverse auction procedure. Title: H.B. 442 Source: Lexis-Nexis/StateNet GA Signed into law 05/2008 P-12 Postsec. Community College Provides for audits and the examination of books and records. Provides for the creation and maintenance of a searchable Web site that provides public access to certain state expenditure information. Relates to the Department of Audits and Accounts and the Department of Revenue. http://www.legis.state.ga.us/legis/2007_08/pdf/sb300.pdf Title: S.B. 300 Source: Lexis-Nexis/StateNet TN Signed into law 05/2008 P-12 Considers all county, municipal and special school districts in the state to be separate governmental entities. Allows the school boards of each county, municipal, and special school district to establish ethical standards used to govern their respective school district. http://www.legislature.state.tn.us/bills/currentga/BILL/SB3024.pdf Title: S.B. 3024 Source: http://www.legislature.state.tn.us GA Signed into law 05/2008 P-12 Provides an exception to provision prohibiting a school board member from selling school supplies or equipment to the county board. http://www.legis.state.ga.us/legis/2007_08/pdf/hb602.pdf Title: H.B. 602 Source: www.legis.state.ga.us LA Signed into law 03/2008 P-12 Establishes qualification and education requirements for persons designated by state agencies to provide ethics education and information to their agencies; provides relative to identifying the designees for an agency and who is required to designate such persons. http://www.legis.state.la.us/billdata/streamdocument.asp?did=459350 Title: H.B. 33A Source: Lexis-Nexis/StateNet LA Signed into law 03/2008 P-12 Requires each public servant to receive a certain amount of ethics education and training during each year of his term of office or employment. Requires each registered lobbyist to receive a certain amount of training on the lobbying laws under which he is registered and relevant ethics code provisions during each year of his registration as a lobbyist. Provides procedures should the board of ethics discover a public servant has failed to meet ethics training requirements. http://www.legis.state.la.us/billdata/streamdocument.asp?did=459536 Title: H.B. 6A Source: www.legis.state.la.us SD Signed into law 02/2008 P-12 Postsec. Community College Prohibits the use of a false academic degree or a degree that is not completed to obtain employment, a promotion, admission to postsecondary education or in connection with any business, trade or occupation. http://legis.state.sd.us/index.aspx Title: H.B. 1138 Source: http://legis.state.sd.us LA Adopted 11/2007 P-12 Amends sections of Bulletin 741 - Handbook for School Administrators. 503: Adds business manager to the list of certified personnel a district is required to hire. This addition was required by a new state statute. 2305: Requires schools to have an educational program commemorating Constitution Day. This addition to policy is based on federal law. http://doa.louisiana.gov/osr/reg/0711/0711.doc#_Toc183230287 Title: LAC 28:CXV.503, 2305 Source: doa.louisiana.gov IL Vetoed 08/2007 Community College Postsec. Amends the State Officials and Employees Ethics Act. Classifies community college districts as units of local government that must adopt resolutions regulating the political activities and the solicitation and acceptance of gifts by officials and employees. http://www.ilga.gov/legislation/95/HB/PDF/09500HB3504lv.pdf Title: H.B. 3504 Source: Lexis-Nexis/StateNet NY Signed into law 07/2007 P-12 Amends the Education Law in relation to the effect of certain regulations and by-laws on community council members, community superintendents, and all other officers and employees in schools and programs under the jurisdiction of the community district education council. http://assembly.state.ny.us/leg/?bn=S01666&sh=t Title: S.B. 1666 Source: Lexis-Nexis/StateNet HI Vetoed 07/2007 Postsec. Provides that for administrative positions in the University of Hawaii system filled by excluded employees, proposed compensation or change in compensation must be disclosed in open meeting for purposes of public comment. Bill: http://www.capitol.hawaii.gov/sessioncurrent/Bills/SB46_CD1_.htm Governor's veto message: http://www.capitol.hawaii.gov/sessioncurrent/bills/GM1036_.PDF Title: S.B. 46 Source: www.capitol.hawaii.gov LA Signed into law 07/2007 P-12 Postsec. Community College Provides that the state board of ethics must, on a regular basis, offer training on its computerized data management system, as well as educational materials detailing the procedures necessary to file such reports electronically. Directs the board to design and make available via the Internet training and educational materials on the code of governmental ethics; the campaign finance disclosure act; specific statutory provisions on lobbying the legislature; and statutory provisions on lobbying executive branch agencies. Directs the board to publish all public charges, opinions, letters of advice and decisions of the board of ethics and its predecessors concerning all laws under the board's jurisdiction. Also directs the board to publish an index referencing each such charge, opinion, letter of advice and decision of the board of ethics and its predecessors to the specific legal citation(s) on which the charge, opinion, letter of advice or decision is based. Starting with terms of office beginning January 1, 2008, provides that each statewide elected official, legislator and public service commissioner must receive a minimum of two hours of education and training on the code of governmental ethics and one hour of education and training on the campaign finance disclosure act, with at least one hour of the government ethics training delivered during the first year of the individual's term. Adds that, beginning with the four-year period beginning January 1, 2012, and during each four-year period thereafter, each public servant subject to the provisions of the code of governmental ethics who is not a statewide elected official, legislator or public service commissioner, must receive a minimum of two hours of education and training on the code of governmental ethics. http://www.legis.state.la.us/billdata/streamdocument.asp?did=449912 Title: H.B. 493 Source: www.legis.state.la.us TX Signed into law 06/2007 Postsec. Prohibits relatives of public college and university board members from receiving certain scholarships from the institution or system whose board the member serves, with exceptions. http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/SB01325F.pdf Title: S.B. 1325 Source: http://www.capitol.state.tx.us KY Signed into law 04/2007 Postsec. Community College Relates to employee interest in contracts between a public postsecondary education institution and a business; permits a governing board of a public postsecondary institution to adopt regulations establishing the conditions under which and the procedures whereby an employee may have an interest in a contract between the institution and a business. http://www.lrc.ky.gov/RECORD/07RS/SB130/bill.doc Title: S.B. 130 Source: Lexis-Nexis/StateNet WV Signed into law 03/2007 P-12 Prohibits county and district school officers, secretaries of boards of education, school supervisors or superintendents, and teachers from having a pecuniary interest in certain contracts and services, or in the furnishing of any supplies in the contract, or the awarding or letting of a contract, if that individual may have any voice, influence or control in the matter; requires that any person convicted of violating this prohibition shall be removed from office or have his or her certificate or certificates revoked; prohibits any person, firm or corporation from offering or giving any compensation or thing of value to any of the above named persons with the intent to secure their influence, support or vote for any contract, service, award or other matter as to which any county or school district becomes or may become the paymaster. http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/HB3094%20Enr%20SUB.htm Title: H.B. 3094 Source: http://www.legis.state.wv.us/ NJ Adopted 09/2006 Postsec. Community College Amends rules concerning the Higher Education Commission's Institutional Code of Ethics to require every public institution of higher education in the state to develop a code of ethics that complies with the requirements of all statutes, rules and executive orders applicable to the institution, including, but not limited to, the New Jersey Conflicts of Interest Law, the Local Government Ethics Law, and rules of the Executive Commission on Ethical Standards; prohibits higher education institution officers and employees from accepting any gifts, favors, services, or other things of value under circumstances from which it might be reasonably inferred that such gifts, services, or other things of value were given or offered for the purpose of influencing them in the discharge of their official duties. Title: NJAC 9A:3 Source: http://www.lexisnexis.com/njoal/ LA Signed into law 07/2006 P-12 Allows an immediate family member of a school board member or of a superintendent in a parish with a population of 26,000 or less to be promoted to an administrative position if such family member has the appropriate qualifications and certifications for such a position. http://www.legis.state.la.us/billdata/streamdocument.asp?did=406376 Title: H.B. 675 Source: www.legis.state.la.us ID Signed into law 03/2006 P-12 Amends existing law relating to school district elections to allow the candidate to authorize a watcher to observe the conduct of the election; to permit challengers and watchers to work in shifts; to provide for watchers at school district elections which are other than for the election of officers; to remove the requirement that such watchers not absent themselves until the polls close. http://www3.state.id.us/oasis/H0671.html Title: H.B. 671 Source: Lexis-Nexis/StateNet IL Adopted 02/2006 P-12 Provides standards for the conduct of financial audits of regional offices of education and certain educational service centers. http://www.sos.state.il.us/departments/index/register/register_volume30_issue7.pdf (starts page 329 of 520, see esp. 338 of 520) Title: 74 IAC 420.130, 140, 310, 320, 410, 420, 430, 630, 640, 710, 720 Source: Lexis-Nexis/StateNet AR Signed into law 04/2005 P-12 An act to restrict school districts from employing relatives of board members. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB1867.pdf Title: H.B. 1867 Source: StateNet AR Signed into law 03/2005 P-12 Requires school district auditors to comply with the requirements and prohibitions of the federal Sarbanes Oxley Act of 2002. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB2700.pdf Title: H.B. 2700 Source: StateNet KY Signed into law 03/2005 P-12 Postsec. Requires the attorney general to distribute Open Meetings and Open Records Act information to local government officials, superintendents of public school districts, and presidents of public universities. Requires superintendents and presidents of public universities to distribute this information to every elected school board and school council member and to every board of regents or governing board member of their university, respectively. http://lrc.ky.gov/RECORD/05RS/HB77.htm Title: H.B. 77 Source: PA Signed into law 11/2004 P-12 Amends the Pennsylvania Securities Act of 1972. Further defines "institutional investor." Adds a definition. Further provides for prohibited advisory activities and for prohibited transactions involving public school districts in this Commonwealth. Exempts a municipal pension plan or system. http://www2.legis.state.pa.us/WU01/LI/BI/BT/2003/0/HB0561P0663.pdf Title: H.B. 561 Source: http://www2.legis.state.pa.us CA Signed into law 08/2004 Postsec. Requires the Trustees of California State University, and urges the Regents of the University of California, to offer, on at least a semiannual basis, to each member, officer, or designated employee who, because of his or her affiliation with their respective universities, is required to file a Statement of Economic Interests, an orientation course on the relevant ethics statutes and regulations that govern the official conduct of university officials. http://www.leginfo.ca.gov/pub/bill/asm/ab_1951-2000/ab_1969_bill_20040823_chaptered.html Title: A.B. 1969 Source: California Legislative Web site LA Signed into law 07/2004 P-12 Requires persons who have or who are seeking to obtain a contractual or other relationship with a state or statewide public retirement system to disclosure certain expenditures. Establishes penalties for failing to file a report, filing a late report, or filing a report with incomplete or inaccurate information. http://www.legis.state.la.us/leg_docs/04RS/CVT10/OUT/0000LWN2.PDF Title: H.B. 1215 Source: LA Signed into law 06/2004 P-12 Notwithstanding any provision of present law to the contrary, any entity which establishes scholastic rules which are the basis for the state board of elementary and secondary education's policy relative to extracurricular activities which are required for all high schools under the state board's authority shall not be required to be audited by the legislative auditor, but shall instead submit an audit prepared by an auditing firm approved by the legislative auditor to the legislative auditor and the Legislative Audit Advisory Council. Provides that the council may, upon a finding of cause, order the audit of such entity. http://leg_docs/04RS/CVT3/OUT/0000LUZR.PDF Title: H.B. 490 Source: www.legis.state.la.us GA Vetoed 05/2004 P-12 Requires local school boards to adopt a code of ethics; requires local units of administration to request a criminal check of teachers, principals, and other certificated professional personnel within 10 working days of hire. http://www.legis.state.ga.us/legis/2003_04/fulltext/hb198.htm Title: H.B. 198 Source: Georgia Legislative Web site LA Signed into law 06/2003 P-12 Prohibits a school board member from acting in an individual capacity without the authorization of the school board to use his authority of office to directly or indirectly compel or coerce personnel decisions or employee decisions, including the promotion, discipline, discharge, or assignment of work to any school employee. Also prohibits a school board member from using the authority of his office or position as a member of the school board, directly or indirectly, in a manner intended to compel or coerce any school employee to make any decision concerning benefits, work assignment, or membership in any organization. http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB1905&doctype=BT Title: H.B. 1905 Source: www.legis.state.la.us LA Signed into law 06/2001 P-12 Provides for an exception from the Ethics Code to allow former city/parish school board members to contract with, be employed by, or be appointed by such board to any position with such board which requires a teacher's certificate. Title: S.B. 221 Source: Lexis-Nexis/StateNet AR Signed into law 04/2001 P-12 Provides to set forth certain ethical guidelines and prohibitions for educational administrators, employees and board members. Title: S.B. 817 Source: Lexis-Nexis/StateNet GA Signed into law 03/2000 P-12 Local boards of education may not employ or promote any person who is a member of the immediate family of any board member, unless a public, recorded vote is taken on such employment or promotion as a separate matter from any other personnel matter. The board member whose family member is being considered may not vote. Title: H.B. 1187 Source: Georgia Department of Education