From the ECS State Policy Database No Child Left Behind--Special Populations

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 MD Signed into law 04/2010 P-12 Requires the state department of education to review the Alternate School Assessment, survey certain teachers regarding satisfaction or lack thereof and solicit recommendations as part of the review. http://mlis.state.md.us/2010rs/bills/sb/sb0557t.pdf Title: S.B. 557 Source: http://mlis.state.md.us AK Adopted 08/2008 P-12 Repeals the alternate performance standards to comply with federal guidelines for students with significant cognitive disabilities. Title: 4 AAC 04.160, .210(k)(2), .790(7) Source: http://touchngo.com/lglcntr/akstats/AAC/Title04.htm MO Adopted 07/2008 P-12 Proposes rules regarding standards to administer a program of grants to local public school districts for the provision of early childhood screening, parent education and programs for developmentally delayed children. MISSOURI 17888 http://www.sos.mo.gov/adrules/csr/current/5csr/5c50-270.pdf Title: 5 CSR 50-270.010 Source: http://www.sos.mo.gov/adrules/csr/current/5csr/5c50-270.pdf CA Vetoed 09/2007 P-12 Relates to Charter School Act of 1992. Revises the description of the procedures relating to pupil suspension or expulsion. Requires a description of how the school intends to serve pupils with disabilities and the qualification and planned professional development of teachers and administrators who will serve this population. Requires a petition to define and demonstrate the ability and training to develop a special education program and the capacity to serve special education pupils. http://www.assembly.ca.gov/acs/acsframeset2text.htm Veto message: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1251-1300/ab_1281_vt_20071010.html Title: A.B. 1281 Source: http://www.assembly.ca.gov TX Adopted 09/2007 P-12 Revise the process of applying for a bilingual exception and/or an English as a second language (ESL) waiver. Other adopted amendments add language regarding the transfer of students out of a special language program in accordance with House Bill 1, 79th Texas Legislature, Third Called Session, 2006; provide clarification on serving students who receive both special language and special education services; and address submission of information for summer school programs. Language was also repealed to remove monitoring requirements no longer authorized in statute. The amendment to 19 TAC §89.1225, Testing and Classification of Students, was adopted with changes. http://www.tea.state.tx.us/rules/commissioner/adopted/0807/89-1205-ltradopt.html Title: 19 TAC Chapter 89 Source: http://www.tea.state.tx.us/rules CA To governor 07/2007 P-12 Amends existing law that establishes within the Department of Education an American Indian Education Unit to provide technical support to, and administrative oversight of, American Indian education programs. Requires the Superintendent of Public Instruction to request input from the American Indian Education Oversight Committee regarding changes to the 1975 guidelines prior to the submission of the guidelines to the Board of Education. Relates to the funding levels for each center. Establishes criteria for establishing an American Indian Education Center including: 1) potential impact; 2) number of pupils K-12 within the community of the applicant; 3) degree of commitment to the purpose of American Indian education demonstrated by allocation of staff, fiscal and material resources and integration of existing resources and services; 4) extent and degree of collaborative efforts among local community resources, organizations, schools and tribal communities; and 5) existing centers developed by the department are to receive priority based on demonstrated impact of each program. Chapter No. 170 http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0251-0300/sb_273_cfa_20070509_113106_sen_floor.html Title: S.B. 273 Source: http://www.assembly.ca.gov LA Adopted 07/2007 P-12 Amends the following Sections of Bulletin 111: • §1301 Reward Eligibility: Changes one requirement for exemplary academic growth to 2.0 points improvement in a subgroup assessment index rather than growth in a subgroup performance score • §4313 Corrective Actions: Adds detail for how school districts that have been identified for district improvement can exit corrective actions • §4903 Local Superintendent and Board Responsibilities and §4905 Contracting and Employing a District Superintendent: Repeals both of these items, reflecting the legislature's repeal of C and D only of R.S. 17:10.6, Act 687, Reg. Session 2006. http://www.doa.louisiana.gov/osr/reg/0707/0707RUL.pdf Title: LAC 28:LXXXIII.1301, 4313, 4903, and 4905 Source: www.doa.louisiana.gov ID Signed into law 04/2007 P-12 Directs the state department of education to distribute $750,000 on a one-time basis to schools in which the population of English language learners failed to meet adequate yearly progress (AYP) in math or reading, to improve the English language skills of English language learners. Directs the department to develop the program elements governing the use of these funds, modeled on the training, intervention and remediation elements of the state's early literacy intervention program. Requires the superintendent of public instruction to report to the joint finance-appropriations committee and the house of representatives and the senate education committees, by February 1, 2008, on the program design, uses of funds, and effectiveness of the program. Session Law Chapter 352 http://www3.state.id.us/oasis/S1237.html Title: S.B. 1237 (Section 9) Source: www3.state.id.us LA Adopted 02/2007 P-12 Makes changes to the state accountability system to take advantage of new and existing flexibility outlined in guidance for No Child Left Behind and to address situations, including changes necessitated in response to the hurricanes of 2005, which were not considered when the accountability policy was initially written. Provides that a school in which a repeating 4th grade student or Option I 8th grade student scores at a higher achievement level on a LEAP test of math, English language arts, science or social studies than any previous attempt (of the same test) will receive 50 incentive points per improved subject in its accountability index. Allows a student to earn a maximum of 200 incentive points for his/her school. Also provides that a 4th or 8th grade student in a summer school program who scores at a higher achievement level on a LEAP test of math or English language arts than any previous attempt (of the same test) will earn 50 incentive points per improved subject. Provides methodology for calculating a 9-12 assessment index. Provides that scores of an English language learner who has been enrolled in a U.S. school for less than one year not be included in school performance score calculations. Amends language regarding the annual measurable objective (AMO), safe harbor, inclusion of alternate assessment results and determinations of a student's proficiency in English. Amends provisions awarding schools and districts a one year exclusion from the subgroup component in accountability due to a natural disaster. Pages 4-6 of 50: http://www.doa.louisiana.gov/osr/reg/0702/0702rul.pdf Title: LAC 28:LXXXIII.307, 409, 515, 703-707, 3905, 4001, and 4527 Source: www.doa.louisiana.gov VA Rule Adoption 07/2006 P-12 Amends regulations establishing standards for accrediting public schools in Virginia. The amendments include additional options for students to meet the requirements for graduation; change the methodology for calculating accreditation ratings; create greater flexibility for transfer students; add more rigorous benchmarks for accreditation; and better define sanctions for schools, superintendents, and school boards if a school loses its accreditation. Revisions also require all elementary and middle schools to require students to participate in a program of physical fitness during the regular school year in accordance with guidelines established by the Board of Education. Changes made to the proposed regulations (i) add defined terms and clarify existing terms; (ii) clarify that students who are limited English proficient (LEP) may be granted an exemption from Standards of Learning (SOL) testing in the areas of writing, science, and history and social science; (iii)add a provision encouraging elementary schools to provide instruction in foreign languages; (iv) allow advanced courses to include Cambridge courses, in addition to Advanced Placement, International Baccalaureate, and college level courses for degree credit; (v) beginning with the academic year 2008-2009, limit middle school teachers to a teaching load of no more than 25 class periods a week; (vi) restore language removed in the proposed regulation regarding teachers of block programs that encompass more than one class period with no more than 120 student periods per day may teach 30 class periods per week; (vii) add a provision for one planning period per day or equivalent for middle and secondary teachers; (viii) cross reference the responsibility of the division superintendent in reporting compliance with preaccreditation eligibility requirements; and (ix) repeal Appendix I, which is expired. http://legis.state.va.us/codecomm/register/vol22/iss24/f8v20131.doc Title: 8 VAC 20-131-10 thru -320 non seq. Source: http://legis.state.va.us/codecomm/register/vol22/iss24/v22i24.pdf (pg. 137 of 336) AZ Signed into law 05/2006 P-12 All students with disabilities in grades 2-12 will ge included in all state and district assessments, with appropriate accommodations and alternate assessments when necessary, as designated by IEP. Also addresses evaluation of students with disabilities and parental notice policies. Relates to special education; relates to standardized testing for monitoring education progress; provides that all students with disabilities shall be included in all general state and district assessments, with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individual education program. http://www.azleg.gov/legtext/47leg/2r/bills/sb1380s.pdf Title: S.B. 1380 Source: Arizona Legislature VA Signed into law 03/2006 P-12 Requires the Board and Department of Education to collect certain statewide data on Virginia's public school students with limited English proficiency and school division programs for such LEP students, analyze the data, and recommend steps to resolve the issues relating to the requirements for obtaining a high school diploma and students with limited English proficiency that will retain high academic standards and accountability, while assisting such students in their endeavors to obtain an education and to become productive Virginians. http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0526 Title: S.B. 683 Source: http://leg1.state.va.us AK Adopted 02/2006 P-12 Amends rules to the Department of Education and Early Development, dealing with setting out qualifications for special education teachers to meet highly qualified status under the No Child Left Behind Act. Requires school districts to ensure that special education teachers employed by the district meet highly qualified teacher status. Sets requirements for teachers and school districts regarding highly qualified status for special education teachers. Title: 4 AAC 04.210(j), (k) Source: Lexis-Nexis/StateNew