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 Education Requirements for Retirement System Board of Trustees Members S.B. 16 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; ... More... LA Signed into law 06/2012 P-12 Ethics Education for Statewide Candidates for Elected Office H.B. 365 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 tr... More... MS Signed into law 04/2012 P-12 Establish Administrative Due Process for Licensure Violations H.B. 1144 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... More... KY Signed into law 04/2012 P-12 Hiring the Superintendent's Spouse H.B. 366 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 sch... More... CA Vetoed 10/2011 P-12 Gifts to Board Members and Employees of Public Employees' Retirement System and State Teachers' Retirement System S.B. 439 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 fr... More... TX Signed into law 06/2011 P-12 Campaign Finance Reports for School Board Trustees and Candidates H.B. 336 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... More... GA Signed into law 05/2011 P-12 Professional Standards Commission H.B. 285 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. Di... More... AR Signed into law 03/2011 P-12 Enforcement of Ethics Violations H.B. 1952 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/Act... More... NY Vetoed 08/2010 Postsec. SUNY and CUNY Trustees S.B. 1736 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 w... More... IL Signed into law 07/2010 P-12 School Board Business, Conflicts of Interest S.B. 3515 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... More... TX Adopted 06/2010 P-12 Code of Ethics for Texas Permanent School Fund 19 TAC 33.5 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 clarifie... More... GA Signed into law 05/2010 P-12 Local Board Members and Local Superintendents S.B. 84 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, chil... More... UT Signed into law 03/2010 P-12 Charter Schools S.B. 188 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 enrollm... More... UT Signed into law 03/2010 P-12 Financial Disclosures/Conflicts of Interest H.B. 270 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... More... IL Signed into law 12/2009 P-12 Competitive Bids and Electronic Processes H.B. 613 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... More... CA Vetoed 10/2009 Postsec. Community College Postsecondary Auxiliary Organizations S.B. 218 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 ... More... IL Signed into law 08/2009 Community College Electronic H.B. 862 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... More... OR Signed into law 08/2009 P-12 Sexual misconduct H.B. 2476 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 Def... More... HI Veto overridden: legislature has overridden governor's veto 07/2009 P-12 Campaign/Finance Laws H.B. 128 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-... More... TX Signed into law 06/2009 Postsec. Bacterial Meningitis and Postsecondary Compliance Programs H.B. 4189 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 evidenci... More... TX Signed into law 06/2009 P-12 Electronic Textbooks and Instructional Materials H.B. 4294 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... More... GA Signed into law 05/2009 P-12 Anti-Nepotism Provisions H.B. 251 Section 2 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... More... GA Signed into law 05/2009 P-12 Nepotism H.B. 251- Section Affecting Superintendent Selection 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... More... WA Signed into law 04/2009 P-12 Sexual Misconduct H.B. 1385 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... More... WA Signed into law 04/2009 P-12 Ethics H.B. 1319 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 wi... More... NY Signed into law 10/2008 P-12 Lawyers and Compensation, Health Insurance and Other Benefits S.B. 8699 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 ... More... IL Veto overridden: legislature has overridden governor's veto 08/2008 Community College Postsec. Community College Districts H.B. 4189 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://... More... IL Signed into law 08/2008 P-12 Job-Related Felony H.B. 4700 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 ... More... NY Signed into law 07/2008 P-12 License Revocation for Conviction for Defrauding the Government S.B. 8554 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... More... HI Veto overridden: legislature has overridden governor's veto 07/2008 Postsec. Postsecondary Governance Transparency S.B. 2263 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 an... More... LA Signed into law 06/2008 Postsec. Alumni Association Financial Statements H.B. 1184 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 ... More... AZ Vetoed 05/2008 P-12 Ethics S.B. 1341 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... More... AL Signed into law 05/2008 P-12 Competitive Bidding on Contracts H.B. 442 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 pre... More... GA Signed into law 05/2008 P-12 Postsec. Community College Transparency in Government Act S.B. 300 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 Depa... More... TN Signed into law 05/2008 P-12 Boards Establish Their Own Ethical Standards S.B. 3024 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 schoo... More... GA Signed into law 05/2008 P-12 Board Members Selling School Supplies H.B. 602 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... More... LA Signed into law 03/2008 P-12 Ethics Education H.B. 33A 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 pers... More... LA Signed into law 03/2008 P-12 Ethnics Education H.B. 6A 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 reg... More... SD Signed into law 02/2008 P-12 Postsec. Community College Ethics H.B. 1138 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... More... LA Adopted 11/2007 P-12 Business Manager and Constitution Day LAC 28:CXV.503, 2305 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 educatio... More... IL Vetoed 08/2007 Community College Postsec. State Officials and Employees Ethics Act H.B. 3504 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. ht... More... NY Signed into law 07/2007 P-12 New York City Community School District S.B. 1666 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 educati... More... HI Vetoed 07/2007 Postsec. Administrative Positions in the University of Hawaii System S.B. 46 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/se... More... LA Signed into law 07/2007 P-12 Postsec. Community College Code of Governmental Ethics H.B. 493 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 an... More... TX Signed into law 06/2007 Postsec. Scholarship Prohibitions for Relatives of Board Members S.B. 1325 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... More... KY Signed into law 04/2007 Postsec. Community College Contract Between Postsecondary Institution and a Business S.B. 130 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 where... More... WV Signed into law 03/2007 P-12 School Contracts & Services Conflict-of-Interest Prohibition H.B. 3094 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 ... More... NJ Adopted 09/2006 Postsec. Community College Higher Education Institution Code of Ethics NJAC 9A:3 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 ord... More... LA Signed into law 07/2006 P-12 Exception to Nepotism Policy H.B. 675 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 ... More... ID Signed into law 03/2006 P-12 Watchers at School District Elections H.B. 671 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... More... IL Adopted 02/2006 P-12 CODE OF REGULATIONS 74 IAC 420.130, 140, 310, 320, 410, 420, 430, 630, 640, 710, 720 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)... More... AR Signed into law 04/2005 P-12 School Districts' Employment of Board Members' Relatives H.B. 1867 An act to restrict school districts from employing relatives of board members. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB1867.pdf... More... AR Signed into law 03/2005 P-12 School District Auditors H.B. 2700 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... More... KY Signed into law 03/2005 P-12 Postsec. Open Meetings and Open Records Information H.B. 77 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 unive... More... PA Signed into law 11/2004 P-12 School Districts Prohibited Transactions H.B. 561 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 m... More... CA Signed into law 08/2004 Postsec. Ethnics Course for Postsecondary Board Members A.B. 1969 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 ... More... LA Signed into law 07/2004 P-12 Retirement Systems H.B. 1215 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 filin... More... LA Signed into law 06/2004 P-12 Legislative Auditor H.B. 490 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... More... GA Vetoed 05/2004 P-12 Criminal Checks and Code of Ethics H.B. 198 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... More... LA Signed into law 06/2003 P-12 School Board Members May Not Coerce Decisions H.B. 1905 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, di... More... LA Signed into law 06/2001 P-12 Exception from Ethics Code for Former School Board Members S.B. 221 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.... More... AR Signed into law 04/2001 P-12 Ethical guidelines for educational administrators, employees and board members. S.B. 817 Provides to set forth certain ethical guidelines and prohibitions for educational administrators, employees and board members.... More... GA Signed into law 03/2000 P-12 Omnibus Bill - School Board Anti-Nepotism Policies H.B. 1187 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 ... More...