From the ECS State Policy Database No Child Left Behind--Finance

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 04/2010 P-12 Urges the Congress of the United States, in the course of reauthorizing the Elementary and Secondary Education Act (ESEA), to direct federal funding thereunder in accordance with current funding formulae. Title: S.J.R. 159 Source: www.lexis.com OH Adopted 06/2009 P-12 Rescinds and adopts new rules relating to school building and district improvement planning, parent notification and intervention. Requires districts and schools identified for improvement to be categorized as low support, medium support or high support based upon the aggregate percentage of students that do not meet adequate yearly progress in reading and math. Establishes differentiated required actions for districts and buildings that have been identified as low, medium or high support. Establishes notification requirements for parents of students in low, medium and high support schools and districts. Adds that, in the case of a school or district that has failed to comply with specified accountability provisions, the department may withhold up to 10% of the school or district's Title I funds, and up to 5% of the school or district's annual foundation payment. Specifies funds may be withheld through the end of the current fiscal year or six months, whichever is longer, and may continue to be withheld each year until the school or district demonstrates compliance. Provides the the state superintendent of public instruction may require that districts and buildings provide documentation related to the implementation of the requirements of sections 3302.04 and 3302.041 of the Revised Code, including parent notifications and communications. http://www.registerofohio.state.oh.us/pdfs/3301/0/56/3301-56-01_PH_FF_N_RU_20090615_1020.pdf Title: OAC 3301-13-01, -02, -37-01 thru -12, -56-01 Source: www.registerofohio.state.oh.us NY Adopted 06/2008 P-12 Establishes allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. Pages 6-11 of 27: http://www.dos.state.ny.us/info/register/2008/mar5/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: Lexis-Nexis/StateNet NY Adopted 01/2008 P-12 The board of regents has readopted, by emergency action effective January 22, 2008, the emergency rule adopted at the September 10, 2007 Regents meeting, and readopted at the October 23, 2007 Regents meeting, that added a new section 100.13 and amended section 170.12 of the Commissioner's Regulations. The rule is necessary to implement the Education Law section 211-d to establish allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. Pages 9- of 33: http://www.dos.state.ny.us/info/register/2008/feb6/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: www.dos.state.ny.us NY Emergency Rule Extension 11/2007 P-12 Readopts, by emergency action effective November 25, 2007, the emergency rule adopted at the September 10, 2007 Regents meeting that added a new section 100.13 and amended 170.12 of the Commissioner's Regulations. http://www.dos.state.ny.us/info/register/2007/dec12/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: Lexis-Nexis/StateNet NY Adopted 07/2007 P-12 Establishes allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. Pages 16-19 of 48: http://www.dos.state.ny.us/info/register/2007/aug15/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: Lexis-Nexis/StateNet NY Signed into law 04/2007 P-12 Requires every district with at least one school currently identified as requiring academic progress or in need of improvement or in corrective action or restructuring status to prepare a contract for excellence if the district receives an increase in total foundation aid compared to the base year in an amount that equals or exceeds either $15 million or 10% of the amount received in the base year, whichever is less, or receives a supplemental educational improvement plan grant. Provides that in the 2007-2008 school year, the increase must be the amount of the difference between total foundation aid received for the current year and the total foundation aid base. Provides that in New York City, a contract for excellence must be prepared for the city school district and for each community district that meets the above criteria. Requires each contract for excellence to describe how the sum of amounts apportioned to the district in the current year, in total foundation aid and supplemental educational improvement plan grants, in excess of 103% of the district's foundation base, will be used to support new programs/activities or expand the use of programs/activities demonstrated to improve student achievement. Requires each contract for excellence to state, for all funding sources (federal/state/local), the instructional expenditures per pupil, the special education expenditures per pupil, and the total expenditures per pupil, projected for the current year and actually incurred in the base year. Provides each contract for excellence is subject to approval by the commissioner and his/her certification that the expenditure of additional aid or grant amounts is in accordance with these provisions. Provides the school district audit report certified to the commissioner by an independent certified public accountant, an independent accountant or the comptroller of the city of New York must include a certification by such accountant or comptroller and that the increases in total foundation aid and supplemental educational improvement plan grants have been used to supplement and not supplant funds allocated by the district in the base year for such purposes. Requires the contract to specify the new or expanded programs for which additional foundation aid or grants will be used, and to affirm that such programs will predominately benefit students with the greatest educational needs, including limited English proficient students, students in poverty and students with disabilities. Requires the contract in New York City to also include a plan to reduce average class sizes within five years. Provides the plan must also include class size reduction for low-performing and overcrowded schools and include the methods to be used to achieve such class sizes, such as the creation or construction of more classrooms and buildings, the placement of more than one teacher in a classroom, or other means. Directs the commissioner to adopt regulations establishing allowable programs and activities to improve student achievement; directs that these are limited to class size reduction, programs that increase student time on task, teacher and principal quality initiatives, middle and high school restructuring, and full-day kindergarten or prekindergarten. Authorizes districts to use up to 15% of the additional funding they receive for experimental programs to demonstrate the efficacy of other strategies to improve student achievement. Provides that in the 2007-2008 school year, up to$30 million or 25% of such additional funding, whichever is less, may be used to maintain investments in commissioner-approved and other programs and activities to improve student achievement. Directs the commissioner to assist districts that include in their contract for excellence the implementation of incentives, developed in collaboration with teachers in the collective bargaining process, for highly qualified and experienced teachers to work in low-performing schools, to ensure that such incentives are effective. Requires a district contract for excellence developed in the 2008-2009 school year and thereafter to be developed through a public process, in consultation with parents, teachers, administrators, and any appointed distinguished educator. Requires this process to include at least one public hearing; requires this process in New York City to be held within each county of the city. Requires each community district contract for excellence in New York City to be consistent with the citywide contract for excellence, and to be submitted by the community superintendent to the community district education council for review and comment at a public meeting. Requires the trustees or board of education, or New York City comptroller, of each district with a contract for excellence to assure that procedures are in place for parents to bring complaints concerning implementation of the district's contract for excellence. Directs districts subject to contract for excellence provisions to publicly report the expenditure of total foundation aid in the form and manner prescribed by the commissioner, which must ensure full disclosure of such funds. Directs the department to develop a methodology for all districts subject to contract for excellence provisions to report school-based expenditures. http://assembly.state.ny.us/leg/?bn=S02107&sh=t Title: S.B. 2107 - Part A, Section 12 Source: assembly.state.ny.us CO Signed into law 04/2005 P-12 Effective July 1, 2005, allows a local board to adopt a resolution stating its intent to decline one or more federal funding sources of the No Child Left Behind Act of 2001, and thereby be exempt from the requirements of the act. Requires the resolution to remain in place until rescinded by the local board. States that if a district adopts a resolution to decline federal funding sources in this manner, the action will nto affect the district's accreditation status, and the department and the state board may not impose any form of sanction on the district for its action in declining federal funds and not complying with the federal requirements from which it is exempt. http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/081AB298840E623D87256F500058FF4D?Open&file=050_enr.pdf Title: S.B. 50 Source: www.leg.state.co.us ND Signed into law 04/2005 P-12 Postsec. AN ACT to provide an appropriation for defraying the expenses of the department of public instruction, the school for the deaf, North Dakota vision services - school for the blind, and the state library; to provide an appropriation to the division of independent study; to provide for the distribution of special education payments; to provide for a legislative council study; to provide a statement of legislative intent; to amend and reenact section 15.1-02-02 of the North Dakota Century Code, relating to the salary of the superintendent of public instruction; and to declare an emergency The legislative council shall study, during the 2005-06 interim, the state's elementary and secondary education system, including key measurements of student progress, programs that address the state's competitiveness with other states, costs incurred by the state relating to implementing the No Child Left Behind Act, and the most effective means of using taxpayer dollars at the state and local levels to ensure the best possible education for the children of this state. http://www.state.nd.us/lr/assembly/59-2005/bill-text/FQNG0500.pdf Title: H.B. 1013 Source: http://www.state.nd.us KY Signed into law 03/2005 P-12 Directs the department of education to conduct a comprehensive analysis of the professional development, training and resources needed in each school to help each child achieve reading and literacy proficiency by 2014. Requires the department of education to submit its findings and recommendations to the Interim Joint Committee on Education no later than November 1, 2005. http://lrc.ky.gov/RECORD/05RS/SJ92.htm Title: S.J.R. 92 Source: lrc.ky.gov VA Signed into law 03/2005 P-12 Directs the Board of Education to seek a waiver from compliance with those provisions of the federal No Child Left Behind Act that are duplicative of the Commonwealth's prior educational accountability system as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation, or lacking in cost effectiveness, and that already comply with the spirit and intent of the federal act. http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+CHAP0013 Title: H.B. 2602, S.B. 1136 Source: http://leg1.state.va.us CA Vetoed 09/2004 P-12 Requires the Superintendent of Public Instruction to determine which provisions of the No Child Left Behind Act are fully or partially federally funded. Requires, the superintendent, if a provisions is not fully federally funded, or not funded, by the federal government to report findings to the Governor and the Legislature. Requires the superintendent to report to specified state and federal officials that State schools will not comply with unfunded provisions of the Act. http://www.leginfo.ca.gov/pub/bill/sen/sb_0451-0500/sb_471_bill_20040825_enrolled.html Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/SB_471_veto.pdf Title: S.B. 471 Source: California Legislative Web site CT Signed into law 06/2004 P-12 Requires an estimates of costs of state, local and regional boards of education associated with compliance with the No Child Left Behind Act. http://www.cga.state.ct.us/2004/act/Pa/2004PA-00254-R00HB-05584-PA.htm Title: H.B. 5584 Source: Connecticut Legislative Web site MS Signed into law 05/2004 P-12 Authorizes local school boards to expand federal No Child Left Behind Act funds to pay for training, incentives and salary supplements to school district employees; authorizes the expending of moneys to reimburse licensed district employees for relocation expenses for moving for employment purposes; authorizes district to establish dual enrollment programs for high school students to enroll in higher learning institutions; relates to alternative school programs. http://www.mde.k12.ms.us/extrel/leg/04Edsum.html Title: H.B. 657 Source: StateNet ME Signed into law 04/2004 P-12 (Senate Resolve) This resolve prohibits the Department of Education from using state funds to implement the policies of the federal No Child Left Behind Act of 2001. The resolve also requires the Department of Education to investigate the costs and benefits of not participating in the federal No Child Left Behind Act of 2001. The resolve also requires the department to submit its findings to the Joint Standing Committee on Education and Cultural Affairs by March 15, 2004. Title: S.P. 648 Source: StateNet WV Signed into law 03/2004 P-12 Relating to supplemental appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated to the Department of Education. http://129.71.164.29/Bill_Text_HTML/2004_SESSIONS/RS/House/H_BILLS/hb4750%20enr.htm Title: H.B. 4750 Source: West Virginia Legislative Web Site AR Signed into law 01/2004 P-12 Requires the state department of education to conduct a comprehensive financial impact study on the cost of impacting this act for presentation to the House and Senate Education Committees by February 1, 2005. Any required supplemental reports shall be completed by February 1, 2007. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf Title: S.B. 33 § 12 Source: Arkansas Legislative Web site OH Signed into law 08/2003 P-12 Requires the superintendent of public instruction to submit a report to the general assesmbly within 90 days after the act's effective data describing the projected cost of compliance with the No Child Left Behind Act and the financial consequences for noncompliance with that act. Title: H.B. 3 Source: Digest of Enactments 2003 VT Signed into law 06/2003 P-12 This act clarifies that the state board of education is authorized to administer federal education funds available under the No Child Left Behind Act; for the next two years, authorizes the commissioner of education to make an annual, instead of biennial, determination as to whether each Vermont school is meeting quality standards and to implement certain consequences for low performing schools after two years instead of four years; stipulates that for the next school year, a homeless child may be educated in the school of origin despite Vermont law that stipulates that a homeless child shall be educated where the child is living; and establishes a committee to oversee implementation of the federal No Child Left Behind Act. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/acts/ACT064.HTM The general assembly finds that: the No Child Left Behind Act of 2001(NCLB), has the potential to dramatically change the way education services are provided in Vermont; (2)  Implementation of NCLB could have a major impact on the revenues of the state and the cost of education to Vermont taxpayers.  NCLB provides the state of Vermont with over $50 million in federal funds for fiscal year 2004, most of which is the consolidation of past federal aid programs.  It is unclear whether federal funds will be enough to implement the provisions of the Act with some estimates indicating the potential for large unfunded mandates at both the state and local levels; and (3)  Without legislative oversight, virtually all decisions regarding how the act will be implemented could be made by the state board of education as it is the agency charged with working with the federal government to align Vermont's education system with provisions of federal law. Therefore, it is the intent of the general assembly to establish a no child left behind oversight committee for the purpose of: (1)  reviewing any NCLB–related request for proposal process.  It is the intent of the general assembly that the department of education shall consider approaching other states prior to issuing an NCLB–related request for proposal to determine if a joint contract would be more cost effective; (2)  receiving notification of any NCLB–related contract, grant agreement, amended contract, or amended grant agreement of greater than $10,000.00 prior to awarding any funds under the contract or grant agreement;  (3)  developing a process for reviewing significant state board or commissioner of education decisions regarding implementation of NCLB; (4)  reviewing information about technical assistance that the department of education is providing to Vermont schools and school districts regarding implementation of NCLB; (5)  proposing recommendations to the state board and commissioner of education and the legislature about any future decisions regarding implementation of NCLB; (6)  by December 15, 2003, proposing recommendations to the senate and house committees on education and appropriations to ensure that neither the state nor local school districts will incur costs to implement NCLB other than those funded by the federal government; and (7)  receiving reports from the commissioner of education on his or her best estimate of the costs of implementing NCLB at the state level in January of 2004 and 2005. Title: S.B. 185 Source: http://www.leg.state.vt.us/docs ND Signed into law 04/2003 P-12 Creates an investigating committee regarding implementation of the No Child Left Behind Act of 2001. The legislative council is to appoint a select committee consisting of five members of the senate and six members of the house of representatives for the purpose of investigating the adoption of the No Child Left Behind Act of 2001, its rationale, the promulgation of any federal regulations implementing the No Child Left Behind Act of 2001, the direct and indirect impact of the Act and its regulations on the school districts of this state, and the financial impact of the Act and its regulations on the budget of this state and on the taxpayers of this state. When an agency files a notice of proposed rulemaking with the office of the legislative council on any matter governed by the No Child Left Behind Act of 2001, the agency shall provide a copy of the notice to the chairman of the committee. The chairman shall convene the committee within sixty days of receiving the notice, or as soon thereafter as practicable, for the purpose of receiving a presentation by the agency regarding the nature and scope of the proposed rules and for the purpose of receiving presentations by members of the public regarding the nature and scope of the proposed rules. http://www.state.nd.us/lr/assembly/58-2003/bill_text/DBNR0600.pdf Title: S.B. 2418 Source: UT Signed into law 03/2003 P-12 Section 53A-3-402 was amended to add the following: A program created with or expanded by federal funds may be reduced to the extent allowed by law when federal funds for that program are subsequently reduced or eliminated. http://www.le.state.ut.us/~2003/bills/sbillenr/sb0154.pdf Title: S.B. 154 (Omnibus Bill) Source: http://www.le.state.ut.us