From the ECS State Policy Database School/District Structure/Operations--Personnel (Non-Teaching)

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 Adopted P-12 Revises requirements for K-12 school counselor certification and endorsements (to existing certificates). Requires the completion of a master's degree program from a regionally accredited college or university that has met the Council for Accreditation of Counseling and Related Educational Program (CACREP) guidelines for a standards based program in school counseling. Requires that the program include a practicum/internship in school counseling, and that the individual receive a passing score on the PRAXIS examination in school guidance and counseling. Pages 60-61 of 133: http://www.doa.louisiana.gov/osr/reg/1206/1206.pdf Title: LAC 28:CXXXI.405 and 659 Source: www.doa.louisiana.gov OH Signed into law 06/2012 P-12 From final bill analysis: Extends the deadlines for a district or educational service center (ESC) to notify a teacher or administrator that the person's contract will not be renewed for the following school year, as follows: (1) From April 30 to June 1, in the case of teachers; and (2) From March 31 to June 1, in the case of assistant superintendents, principals, assistant principals, business managers, supervisors, and other administrators. (To correspond with these changes, the amendment also extends from April 30 to June 1 the deadline by which a school district employee must be notified of nonrenewal in order for the employee to qualify for unemployment benefits. The amendment does not affect the date for notice of nonrenewal for superintendents and treasurers, which under continuing law is March 1.) Elsewhere provides that any district employee must be notified by June 1 if the individual is not to be reemployed the following academic year. Extends from June 1 to June 15 the deadline for a teacher or administrator to notify a school district or ESC that the person is declining reemployment, in cases where the person is automatically reemployed due to the district's or ESC's failure to comply with the statutory nonrenewal procedures Bill text (pages 195-212 of 592): http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf Final bill analysis: http://www.lsc.state.oh.us/analyses129/s0316-rrh-129.pdf Title: S.B. 316 - Teacher and Administrator (Not Superintendent) Contract Renewal/Non-Renewal Source: www.lsc.state.oh.us OH Signed into law 06/2012 P-12 By June 20, 2013, directs the department to conduct a study of the licensure requirements for educational staff responsible for the development of informational sources for the support of curriculum and literacy development in schools. Directs the department and the state board to use the study to make any necessary updates or revisions to the licensure requirements for those staff. Pages 394-395 of 401: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_N.pdf Title: S.B. 316 - Licensure Requirements for Staff Developing Informational Sources to Support Curriculum and Literacy Development Source: www.legislature.state.oh.us LA Signed into law 06/2012 P-12 Section 2: Amends provisions related to extended sick leave for school bus drivers, teachers and other district employees. Repeals provision allowing local boards a waiver from certain parameters for extended sick leave. Specifies that, with exception of maternity leave for teachers, extended sick leave may only be used for a medical necessity, and defines medical necessity as the result of a catastropic illness or injury (i.e., life-threatening, chronic, or incapacitating condition) of the driver or driver, or an immediate family member. Amends provisions related to doctor's statement certifying a medical necessity. Directs local boards to develop and implement three sick leave bank policies, one each for school bus drivers, teachers, and other employees. Requires annual reporting to the department of education on the number of extended leave requests granted and denied annually, and the reasons for such denials. Provides only the local superintendent may make decisions on granting extended leave or sabbatical leave. From bill analysis: Repeals Section 2 of Act No. 470 of the 2010 Regular Session, which provided that school nurses, speech language pathologists, audiologists, and educational diagnosticians are eligible for leave as provided in R.S. 17:46(A)(1)(b) and R.S. 17:1170 only in a fiscal year for which the amount of the state and local base per pupil cost determination, as established in the MFP formula most recently approved by the legislature, is increased at least 2.75% over the amount established for the previous fiscal year. Bill text (pages 2-9 of 9): http://legis.la.gov/billdata/streamdocument.asp?did=812415 Bill analysis: http://legis.la.gov/billdata/streamdocument.asp?did=802123 Title: S.B. 494 - Sick and Sabbatical Leave for District Employees Source: legis.la.gov LA Signed into law 06/2012 P-12 Repeals provisions providing that a school bus driver who has served satisfactorily for more than three consecutive years is to be declared a regular and permanent school bus operator. Provides that, after the expiration of the probationary term of a a school bus operator whose first date of employment with the school system is after July 1, 2012, the school bus driver may be removed from his position as provided by the local board's personnel policy. http://legis.la.gov/billdata/streamdocument.asp?did=812055 Title: H.B. 293 Source: legis.la.gov AL Signed into law 05/2012 P-12 Establishes the Lieutenant Dexter Holcomb Act. Prohibits a local board from hiring or entering into any agreement with any person for the purposes of operating a school bus transporting students unless the person is physically qualified to drive a school bus. Establishes requirements an individual must meet to be physically qualified to drive a school bus. Requires all new and currently employed school bus drivers to pass a physical examination, performed by a duly licensed physician, within three months after the effective date of this act, and at least once every two years thereafter. Requires local boards to document results of physical exams. Permits a driver holiding a valid Alabama school bus driver certificate to be grandfathered in under specified circumstances. Provides that failure to comply with these provisions will result in the driver losing his/her Alabama School Bus Driver Certificate issued by the state department of education. Title: S.B. 191 Source: Westlaw/StateNet TN Signed into law 04/2012 P-12 Provides that an LEA may, at its discretion, choose to hire a building manager in lieu of an assistant principal. http://www.capitol.tn.gov/Bills/107/Bill/SB2982.pdf Title: S.B. 2982 Source: http://www.capitol.tn.gov FL Signed into law 04/2012 P-12 Provides that if a district enters into a contract or employment agreement with an officer, agent, employee or contractor that includes a severance pay provision, the agreement must include the provisions of s. 215.425 (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0215/Sections/0215.425.html) (reducing severance package language from maximum of one year's salary to a maximum of 20 weeks' compensation). Amends separate section to require district school superintendent contracts, if they contain severance pay provisions, to include the provisions of s. 215.425. Bill text (pages 8-9 of 41): http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h5101er.docx&DocumentType=Bill&BillNumber=5101&Session=2012 Final bill analysis: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h5101z.PKAS.DOCX&DocumentType=Analysis&BillNumber=5101&Session=2012 Title: H.B. 5101 - Severance Pay Source: myfloridahouse.gov WV Signed into law 04/2012 P-12 School service personnel certification. http://www.legis.state.wv.us/bill_status/bills_text.cfm?billdoc=HB4655%202ND%20ENG.htm&yr=2012&sesstype=RS&i=4655 Title: H.B. 4655 Source: www.legis.state.wv.us IA Signed into law 04/2012 P-12 Requires background checks for school bus drivers and makes penalties applicable. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=SF2221 Title: S.F. 2221 Source: http://coolice.legis.state.ia.us TX Signed into law 07/2011 P-12 Directs commissioner of education to annually determine the basic allotment and resulting monthly salaries to be paid by districts. Removes provision that each district must increase the monthly salary of each classroom teacher, full-time speech pathologist, full-time librarian, and full-time counselor; replaces with provision directing districts to pay a monthly salary at least equal to a state-set schedule. By January 1, 2013, directs the commissioner of education to submit to the governor, the lieutenant governor, and legislative leaders a report that evaluates and provides recommendations regarding the salary schedule. Effective September 1, 2017, adds provision that if the minimum monthly salary set forth in statute for a particular level of experience is less than the minimum monthly salary for that level of experience in the preceding year, the minimum monthly salary is the minimum monthly salary for the preceding year. Pages 141-144 of 263: http://www.capitol.state.tx.us/tlodocs/821/billtext/pdf/SB00001F.pdf#navpanes=0 Title: S.B. 1 - Salary Schedules Source: www.capitol.state.tx.us RI Signed into law 07/2011 P-12 Amends background checks to require school employee applicants or child care operators to apply to the Rhode Island bureau of criminal identification for a criminal background check. Requires and any expense associated with providing the criminal record check shall be paid by the applicant and/or requesting agency. http://www.rilin.state.ri.us/PublicLaws/law11/law11240.htm Title: H.B. 5455 Source: http://www.rilin.state.ri.us LA Signed into law 06/2011 P-12 Requires a school employee to report his arrest for certain sexual offenses involving minors, other crimes, and instances of child abuse or neglect. Sets out reporting guidelines and consequences of failure to report such incidences. http://www.legis.state.la.us/billdata/streamdocument.asp?did=760456 Title: H.B. 311 Source: http://www.legis.state.la.us TX Signed into law 06/2011 P-12 Prohibits district boards or employees from requiring or coercing any employee to make a contribution to a charitable organization or in response to a fund-raiser, or attend a meeting to solicit charitable contributions. Also prohibits district boards or employees from requiring or coercing any school district employee to refrain from making a contribution to a charitable organization or in response to a fund-raiser, or attend a meeting to solicit charitable contributions. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB01682F.pdf#navpanes=0 Title: H.B. 1682 Source: www.capitol.state.tx.us TX Signed into law 06/2011 P-12 Requires that a marriage and family therapist employed by a district be licensed by the state agency that licenses that profession. Provides a grandfather clause for marriage and family therapist employed by a district before September 2011. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB01386F.pdf#navpanes=0 Title: H.B. 1386 - Licensed Marriage and Family Therapists Source: www.capitol.state.tx.us TX Signed into law 06/2011 P-12 Specifies that contracting or subcontracting entities may not allow an employee to provide services at a school if the employee has been convicted of a felony or misdemeanor that would by statute prevent a person from being employed by a district, charter school or shared services agreement (previous provision prohibited contractor from providing services if individual's felony or misdemeanor conviction would by statute prevent him/her from obtaining certification). http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/SB01042F.pdf#navpanes=0 Title: S.B. 1042 Source: www.capitol.state.tx.us AL Signed into law 05/2011 P-12 Postsec. Establishes the Students First Act of 2011. Establishes the purposes of this act. Provides definitions. Provides no action may be proposed or approved based upon the personal or political reasons of the employer, chief executive officer or governing board. Establishes processes and conditions for teachers to obtain and retain tenure, and for probationary classified employees to obtain and retain nonprobationary status. Provides that neither tenure nor nonprobationary status creates or confers any enforceable right or protected interest in or to a specific position, rank, work site or location, assignment, title, or rate of compensation within those categories of employment. Provides that neither tenured status or time in probationary service are transferable from one employer to another. Provides conditions and processes for the termination of probationary classified employees and probationary teachers. Provides conditions under which tenured teachers and nonprobationary classified employees may be terminated, and procedures for such termination. Provides for a hearing upon employee request. Provides procedures for an employee terminated following a hearing to obtain a review of an adverse decision. Provides layoffs or other personnel actions that are unavoidable reductions in the workforce beyond normal attrition due to decreased student enrollment or shortage of revenues are not subject to challenge or review under this act. Provides conditions and processes for an employee's suspension for cause with or without pay. Provides employees may be transferred or reassigned at any time as the needs of the employer require to any position for which they are qualified. Permits a chief executive officer to reassign a teacher to any grade, position, or work location within the same school, or, for two-year institutions operated under the authority and control of the department of postsecondary education, to any teaching position or work location that is under the control and jurisdiction of the institution, as the needs of the employer require. Permits tenured teachers to be transferred within an agency or system to any grade or position outside of the school to which the teacher is assigned, subject to specified terms and conditions; establishes similar conditions for nonprobationary classified employees, including employees of two-year institutions operated by the department of postsecondary education. Establishes conditions under which probationary and tenured teachers and probationary and nonprobationary classified employees may be transferred to another position with lower compensation or a shorter term of employment. Provides that the employment of a teacher whose certificate is revoked by the state superintendent of education is summarily terminated. Provides that if a conviction resulting in the revocation of the certificate is overturned, the certificate must be immediately reinstated, and the employer must either place the employee in a position for which the employee holds appropriate certification or place the employee on paid administrative leave. Prohibits a teacher from terminating his/her employment within 30 days of first day of the next school term, or for employees of two-year institutions operated by the department of postsecondary education, within 30 days of the fall semester. Provides for relief for an employee who has been denied a hearing before an employer. Permits an employer to grant an employee a one-year leave of absence for good cause without impairing the employee's tenured or nonprobationary status. Requires that leaves of absences for military service be as provided in Section 31-2-13. Provides that all laws or parts of laws that conflict with this act are repealed, specifically portions of the Teacher Tenure Law, commencing with Section 16-24-1; the Fair Dismissal Act, commencing with Section 36-26-100; and Section 16-24B-7, Code of Alabama 1975, relating to teacher transfers. Title: S.B. 310 Source: OK Signed into law 05/2011 P-12 Defines prospective employee as an individual who has received an offer of temporary employment by a school district pending results of a national criminal history record check. Districts may temporarily employ people for a maximum of 60 days while awaiting results. School districts are excluded from liability, except in negligence, when employing prospective employees during the 60-day period. Allows a board of education to choose not to require a national criminal history record check rom a prospective substitute teacher who has been employed by the school district in the last year. http://webserver1.lsb.state.ok.us/cf/2011-12%20ENR/hB/HB1418%20ENR.DOC Title: H.B. 1418 Source: http://webserver1.lsb.state.ok.us TN Signed into law 05/2011 P-12 States that all local education agency employees in positions for which no teaching license is required shall be hired on an at-will basis. http://www.capitol.tn.gov/Bills/107/Bill/SB0905.pdf Title: S.B. 905 Source: http://www.capitol.tn.gov CO Signed into law 05/2011 P-12 Requires background checks for employees of entities that contract to perform direct services for public schools. http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont3/67F9E1DC764543C587257879007BFB36?Open&file=266_enr.pdf Title: S.B. 266 Source: http://www.leg.state.co.us CO Signed into law 05/2011 P-12 Adds criminal offenses and circumstances that disqualify individuals from employment at districts and schools, based primarily on background checks. The bill also describes offenses and circumstances that prompt suspending or revoking a license, certificate or endorsement. http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont3/4DDFC21CE9178BCD87257808008040AC?Open&file=1121_enr.pdf Title: H.B. 1121 Source: http://www.leg.state.co.us IN Signed into law 05/2011 P-12 Specifies certain requirements and recommendations for school corporation employee health coverage programs. http://www.in.gov/legislative/bills/2011/HE/HE1260.1.html Title: H.B. 1260 Source: http://www.in.gov IN Signed into law 04/2011 P-12 Establishes the Indiana public retirement system (system) to administer and manage: (1) the public employees' retirement fund (PERF); (2) the teachers' retirement fund (TRF); (3) the judges' retirement fund; (4) the prosecuting attorneys retirement fund; (5) the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement fund; (6) the 1977 police officers' and firefighters' pension and disability fund (1977 Fund); (7) the legislators' retirement system; (8) the pension relief fund; (9) the special death benefit fund; and (10) the state employees' death benefit fund. Creates a nine member board of trustees (board) for the system appointed by the governor as follows: (1) at least one member with experience in economics, finance, or investments; (2) at least one member with experience in executive management or benefits administration; (3) the director of the budget agency (or designee) serving as an ex officio voting member; (4) two members nominated by the speaker of the house of representatives: one an active or retired police officer or firefighter who is a member of the 1977 Fund and one TRF member; (5) two members nominated by the president pro tempore of the senate: one PERF member and one TRF member; (6) one member nominated by the auditor of state: the auditor of state or an individual with experience in professional financial accounting or actuarial science; and (7) one member nominated by the treasurer of state: the treasurer of state or an individual with experience in economics, finance, or investments. Requires that initial appointments to the board give a preference for those individuals who, on June 30, 2011, are serving as trustees of PERF and TRF, and provides that a PERF or TRF trustee appointed to the board serves until the trustee's term would have expired under prior law. Provides for a four year term for trustees. Provides that a trustee is strongly encouraged to complete annually at least 12 hours of trustee education. Provides that five trustees constitute a quorum and requires a majority vote of the trustees present in order for the board to adopt a resolution or take other action at a regular or special meeting. Requires the system's chief investment officer and the officer's staff to file annual financial disclosure statements with the inspector general. Provides that the board's powers and duties are the combined powers and duties of the PERF and TRF boards. Provides that each retirement fund continues as a separate fund managed by the board. Provides for a director of the system who is appointed by and serves at the pleasure of the board. Provides that employees of PERF and TRF remain members of those funds. Provides that new hires of the system become PERF members, unless the director expressly determines otherwise. Allows the board to establish contribution rate groups for PERF, and removes the requirement that each employer have a separate account within the retirement allowance account. http://www.in.gov/legislative/bills/2011/SE/SE0549.1.html. Title: S.B. 549 Source: http://www.in.gov ID Signed into law 04/2011 P-12 Oversight moved from the state board of education to the Professional Standards Commission. School districts - employees - Amends and adds to existing law to revise procedures, processes and fees before the Professional Standards Commission; to provide for an applicant for employment at a school district to sign a release that prior personnel files shall be released to the district, to provide immunity from liability and to provide penalties for disclosure of information. Adds language to Section 33-1209 on "Proceedings to Revoke, Suspend, Deny or Place Reasonable Conditions on a Certificate, Letters of Reprimand, Complaint, Subpoena Power, Hearing" stating that, upon receipt of a written and signed allegation of ethical misconduct, the chief certification officer, in conjunction with the attorney general and the professional standards commission investigator conduct a review of the allegation to determine if the complaint should be remanded to the school district to be resolved locally or to open an investigation and forward the case to the Professional Standards Commission. Within fourteen (14) days of the decision, the chief certificiton officer is to notify the complainant and teacher in writing that an investigation will be conducted and the teacher should be afforded an opportunity to respond to the allegation verbally and in writing prior to the issuance of the complaint. The executive committee of the Professional Standards Commission is to review the circumstances of the case at one of the next two regularly scheduled meetings. Timeline is set for processing the complaint. For any person certified in another state and applying for certification in Idaho, the chief certification officer is instructed to deny an application if there are any unsatisfied conditions on such current or previously issues certificate or if there is any form of pending investigation by a state agency concerning the applicant's teaching license or certificate. http://legislature.idaho.gov/legislation/2011/H0201.pdf Title: H.B. 201 Source: http://legislature.idaho.gov AR Signed into law 04/2011 P-12 Requires districts to develop procedures concerning student physical activity in its public schools that includes recognition and management of the following events or conditions that may be encountered by a student during athletic training and physical activities: (1) A concussion, dehydration, or other health emergency; (2) An environmental issue that threatens the health or safety of students; and (3) A communicable disease. Requires athletic coaches to undergo training on above. Creates a Public School Athletic Trainer Pilot Program. Directs the Department of Education to provide grants for providing a access to one or more athletic trainers to public schools in Arkansas through the two-year Public School Athletic Trainer Pilot Program. Defines scope of pilot program and requires reporting upon its completion. Directs the Arkansas Legislative Task Force on Athletic Training in Public Schools to develop a web-based survey to be completed by each public school in Arkansas through the Department of Education website. The survey must include questions concerning: (1) The recruitment, hiring, and retention of athletic trainers; (2) Professional development and certification or licensure of athletic training personnel; and (3) Procedures and training on the recognition and management of the following events or conditions that may be encountered by a student during athletic training and activities: (A) A concussion, dehydration, or other health emergency; (B) An environmental issue that threatens the health or safety of students; and (C) A communicable disease. http://www.arkleg.state.ar.us/assembly/2011/2011R/Bills/HB1743.pdf Title: H.B. 1743 Source: http://www.arkleg.state.ar.us NY Vetoed 10/2010 P-12 Requires that any plumbing or electrical work on a school building be performed by a licensed master plumber or licensed electrician if required by a local municipality. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S07137&Summary=Y&Actions=Y&Memo=Y&Text=Y Title: S.B. 7137 Source: assembly.state.ny.us NH Signed into law 06/2010 P-12 Prohibits the hiring of any person charged pending disposition for certain crimes by school administrative units, school districts, and chartered public schools. Requires applicants for driver education certificates and school licenses to notify the director of the division of motor vehicles if they have been arrested, indicted, or summonsed to court for certain offenses. Title: H.B. 1224 Source: Westlaw/StateNet FL Signed into law 06/2010 P-12 Prohibits school boards, administrative personnel, and instructional personnel from taking affirmative action, including, but not limited to, the entry into any agreement, that infringes or waives the rights or freedoms afforded to instructional personnel, school staff, or students by the First Amendment to the United States Constitution, in the absence of the express written consent of any individual whose constitutional rightswould be impacted by such infringement or waiver. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0031er.docx&DocumentType=Bill&BillNumber=0031&Session=2010 Title: H.B. 31 Source: http://www.myfloridahouse.gov SC Signed into law 05/2010 P-12 Criminal Record Search: Requires individuals hired by a local school board to serve in any capacity in a public school to undergo a criminal record search conducted by the local school district using records maintained by the state law enforcement division; requires a local school board to adopt, by August 1, 2010, a written policy that specifies the required criminal record search as well as how the information received from the search impacts hiring decisions; the board policy must stipulate whether the district or the applicant assumes the cost of the criminal record search and must include, at a minimum (1) a prohibition of hiring individuals convicted of violent crimes as defined in state statute and (2) hiring recommendations relative to felony convictions and relevant just-cause examples as provided in state statute; directs the state law enforcement division, working with the department of education, to provide training to appropriate school district personnel regarding appropriate use of the information provided in criminal record searches. Sex Offender Registry Check: Requires school districts to perform a national sex offender registry check on all district employees hired to serve in any capacity in a public school and all volunteers who work in a school on an interim or regular basis as mentors, coaches, or any other capacity, or volunteers who serve as student chaperones or any other capacity having direct interaction with students; directs the state law enforcement division, working with the department of education, to provide training to appropriate district personnel on the appropriate uses of the database; requires the board to adopt, by August 1, 2010, a written policy that specifies the sex offender registry check as well as how information received from the search impacts hiring decisions; requires the policy to include, at a minimum, a prohibition of hiring individuals required to register as sex offenders pursuant state statute. http://www.scstatehouse.gov/sess118_2009-2010/bills/4248.htm Title: H.B. 4248 Source: http://www.scstatehouse.gov KY Signed into law 04/2010 P-12 Provides that if legislative funds are appropriated for this purpose, a local board must provide an annual salary supplement to all speech-language pathologists or audiologists employed by the local board to provide or coordinate speech-language pathology or audiology services for students and who hold specified state and national credentials. Requires that the salary supplement be in the same amount as that awarded to national board-certified teachers. http://www.lrc.ky.gov/record/10RS/HB376/bill.doc Title: H.B. 376 Source: www.lrc.ky.gov NY Vetoed 03/2010 P-12 Relates to teachers' rights; adds other specified personnel to teachers and teaching assistants when a board of cooperative educational services takes over a program previously offered by a district or districts or by a county vocational education and extension board. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S06154&Summary=Y&Actions=Y&Memo=Y&Text=Y Title: S.B. 6154 Source: assembly.state.ny.us IL Signed into law 07/2009 P-12 Provides that when a school bus driver permit holder who is a service member is called to active duty, the employer must notify the secretary of state thereof. Provides the permit must be considered inactive until the holder renews the permit. Provides if the driver does not comply with specified requirements when called to active duty, the secretary of state may not characterize the permit as invalid. Defines "active duty" in the Illinois Vehicle Code. http://www.ilga.gov/legislation/96/HB/PDF/09600HB3787lv.pdf Title: H.B. 3787 Source: Lexis-Nexis/StateNet FL Signed into law 05/2009 P-12 Relates to certification of public school athletic coaches; provides that completion of sports safety course shall meet certain inservice certification requirements, including teaching the principles of cardiopulmonary resuscitation; requires the sports safety course to be approved by the State High School Athletic Association Board of Directors and meet specified requirements. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1539er.xml&DocumentType=Bill&BillNumber=1539&Session=2009 Title: H.B. 1539 Source: http://www.myfloridahouse.gov TX Adopted 02/2009 P-12 Adopts rules concerning school bus driver eligibility and application procedures. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=37&pt=1&ch=14&sch=B&rl=Y Title: 37 TAC 1.14.B.14.11 -.14 Source: Lexis-Nexis/StateNet TX Adopted 02/2009 P-12 Sets forth the requirements of the driver safety training program for drivers of school buses, school activity buses and multifunction school activity buses. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=37&pt=1&ch=14&sch=C&rl=Y Title: 37 TAC 1.14.C.14.31 -.36 Source: Lexis-Nexis/StateNet NY Adopted 12/2008 P-12 Amends rules to require holders of public librarian professional certificates issued after a certain date to complete professional development. Title: Title 8 NYCRR 90.7 Source: Lexis-Nexis/StateNet 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 GA Signed into law 05/2008 P-12 Declares the third Monday of October "School Bus Drivers Appreciation Day." http://www.legis.state.ga.us/legis/2007_08/pdf/hb791.pdf Title: H.B. 791 Source: www.legis.state.ga.us IL Signed into law 09/2007 P-12 Provides that school service personnel certificates are renewable every 5 years. Sets forth the requirements and procedures for renewal, including requiring the completion of at least 80 hours of continuing professional development. http://www.ilga.gov/legislation/95/HB/PDF/09500HB1647lv.pdf Title: H.B. 1647 Source: Lexis-Nexis/StateNet LA Adopted 08/2007 P-12 Revises the requirements for add-on certification as a school counselor. Allows three years of successful experience as a school counselor to substitute for the required three-semester-hour supervised practicum in a school setting. The change will allow more candidates to meet the add-on certification requirements for school counselor and will increase the pool of certified school counselors in the state of Louisiana. Pages 9-10 of 79: http://www.doa.louisiana.gov/osr/reg/0708/0708RUL.pdf Title: LAC 28:CXXXI.659 Source: www.doa.louisiana.gov LA Adopted 08/2007 P-12 Revises the requirements for add-on certification as a school librarian to allow three years of successful experience as a school librarian to substitute for the required three-semester-hour school librarian practicum. The change will allow more candidates to meet the add-on certification requirements for school librarian and will increase the pool of certified school librarians in the state of Louisiana. Pages 10-11 of 79: http://www.doa.louisiana.gov/osr/reg/0708/0708RUL.pdf Title: LAC 28:CXXXI.673 Source: www.doa.louisiana.gov IL Signed into law 08/2007 P-12 Adds to provisions allowing a local board of education to contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or to lay off such educational support personnel. Extends date of written notice that must be given such employees from 30 to 90 days. Provides that a contract must not become effective during the term of a collective bargaining agreement covering such employees. Provides that any third party submitting a bid to perform the non-instructional services must provide evidence of: --liability insurance equivalent to that provided by the school board --a benefits package comparable to that provided by the school board --the number, job classifications and wages of employees who will provide the non-instructional services --a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the school board, for all expenditure categories and account for performing the non-instructional services --composite information about the criminal and disciplinary records of any employees who may perform the non-instructional services --a notarized affadavit that each of the bidder's employees has completed a criminal background check within 3 months prior to submission of the bid. Provides that the local board may not enter into a contract unless the school board provides a cost comparison, using generally accepted accounting principles, of all expenditure categories and accounts that the board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with all expenditure categories and accounts that a third party would incur if a third party performed the non-instructional services. Provides the review and consideration of all bids by third parties to perform the non-instructional services must take place in open session of a regularly scheduled school board meeting, unless specified circumstances are met. Provides the school board must conduct at least one public hearing prior to a regularly scheduled school board meeting, to discuss the school board's proposal to contract with a third party to perform the non-instructional services before the school board may enter into such a contract. Provides a contract must require the contractor to offer available employee positions within the contract to qualified school district employees whose employment is terminated because of the contract. Also provides a contract must require the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons. Authorizes a local board, the above provisions notwithstanding, to enter into a maximum 3-month contract with a third party for non-instructional services currently performed by an employee or bargaining unit member in order to augment the current workforce in an emergency situation that threatens the safety or health of district students or staff, provided that the school board meets all of its obligations under the Illinois Educational Labor Relations Act. http://www.ilga.gov/legislation/95/HB/PDF/09500HB1347lv.pdf Title: H.B. 1347 Source: www.ilga.gov/legislation IL Signed into law 08/2007 P-12 Regulates how the positions at school facilities being deactivated that are held by educational support personnel employees at the time of the deactivation are to be transferred to the control of the board or boards that will be receiving the district's students, with respect to the deactivation of school facilities. http://www.ilga.gov/legislation/95/HB/PDF/09500HB1847lv.pdf Title: H.B. 1847 Source: Lexis-Nexis/StateNet IL Signed into law 08/2007 P-12 Postsec. Community College Amends the Whistleblower Act. Provides that an "employer" as defined in the act includes: (1) A political subdivision of the state (2) A unit of local government (3) A school district, combination of school districts, or governing body of a joint agreement of any type formed by two or more school districts (4) A community college district, state college or university, or any state agency whose major function is providing educational services (5) Any authority including a department, division, bureau, board, commission, or other agency of these entities (6) Any person acting within the scope of his or her authority on behalf of those entities in dealing with its employees. Deletes an exemption for government entities. Prohibits retaliation. Adds to list of false claims for which a person is liable for penalties. http://www.ilga.gov/legislation/95/HB/PDF/09500HB0742lv.pdf Title: H.B. 742 Source: /www.ilga.gov/legislation LA Signed into law 07/2007 P-12 Provides for reemployment of retired school bus drivers; provides for contributions and employer reporting requirements. http://www.legis.state.la.us/billdata/streamdocument.asp?did=449533 Title: S.B. 60 Source: Lexis-Nexis/StateNet UT Signed into law 03/2007 P-12 Provides salary increases and bonuses for educators and bonuses for classified personnel employed by school districts, charter schools, and the Utah Schools for the Deaf and the Blind; provides that only educators who have had a satisfactory or better evaluation are eligible for such salary adjustments; requires each school district, charter school and the Utah Schools for the Deaf and the Blind to submit a report to the State Board of Education, which is then submitted to the state legislature, on how the money for salary adjustments was spent, including the amount of the salary adjustment and the number of full and partial salary adjustments awarded; defines "educator" as a licensed classroom teacher; speech pathologist; librarian or media specialist; preschool teacher; school administrator; mentor teacher; teacher specialist or teacher leader; guidance counselor; audiologist; psychologist; or social worker. http://le.utah.gov/~2007/bills/hbillint/hb0382s03.htm Title: H.B. 382 Source: http://www.le.state.ut.us/ WV Signed into law 03/2007 P-12 Amends Education Code in the following ways: 1) Prescribes authorities of county school boards. 2) Expands purposes for which schools may expend funds. 3) Establishes certain vehicle and driver safety requirements for transporting students to a school-sponsored activity. 4) Expands the purposes for which county boards may lease school buses. 5) Requires county school boards to provide suitable educational facilities, equipment and services for special education students. 6) Requires county school boards to give preference to professional educators currently employed by the board for summer school employment. 7) Establishes service personnel classification title for licensed practical nurse. 8) Adds posting and notice requirements for filling service personnel positions. 9) Prohibits displacement of aides to create vacancy for licensed practical nurse. 10) Establishes parameters for the workday and beginning work station for certain service personnel. 11) Modifies process for determining certain service personnel hiring priority in cases of school merger or consolidation. 12) Modifies personal leave procedures and authorizes transfer of personal leave in certain circumstances for all full-time employees of a county school board . 13) Modifies employment benefits accrued by substitute service personnel employed by a county school board. 14) Requires county school boards to make certain training available to all regularly employed teachers' aides. 15) Prohibits an autism mentor or aide who works with autistic students from transferring to another position after the fifth day prior to the beginning of the instructional term under certain conditions. http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2189%20EnrSUB.htm Title: H.B. 2189 Source: http://www.legis.state.wv.us/ WV Signed into law 03/2007 P-12 Increases annual salaries of public school teachers; increases the annual salary bonus for teachers with National Board for Professional Teaching Standards certification; allows for reimbursement of fees and expenses incurred while obtaining the National Board for Professional Teaching Standards certification for a limited number of teachers; provides for school service personnel employment terms and titles. http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/HB2777%20ENR.htm Title: H.B. 2777 Source: http://www.legis.state.wv.us/ WV Signed into law 03/2007 P-12 Eliminates the early notification payment for a teacher who gives notice of resignation; authorizes a payment for early notification of retirement to employees other than classroom teachers under certain circumstances. http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB599%20SUB1%20enr.htm Title: S.B. 599 Source: http://www.legis.state.wv.us/ OH Signed into law 12/2006 P-12 Any district that leases a building to a community school [charter] located in the district or that enters into an agreement with a community school located in the district whereby the district and the school endorse each other's programs may elect to have data regarding the academic performance of students enrolled in the community school combined with comparable data from the schools of the district for the purpose of calculating the performance of the district as a whole on the district report card. Any district that so elects must annually file a copy of the lease or agreement with the department. Allows a board of education to renew the contract of any nonlicensed individual, currently employed by the board for one or more years, without first offering the position held by that individual to employees of the district who are licensed individuals or advertising the position as available to any qualified licensed individuals who are not currently employed by the board. http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_276 Title: H.B. 276 -- Misc. Sections Source: http://www.legislature.state.oh.us LA Adopted 10/2006 P-12 The first update in many years. Identifies all certification guidelines for Louisiana school employees and administrators. Pages 1-52 of 133: http://www.doa.louisiana.gov/osr/reg/0610/0610RUL.pdf Title: LAC 28:CXXXI.Chapters 1-10 (Bulletin 746) Source: www.doa.louisiana.gov/ IA Signed into law 06/2006 P-12 Strikes subsection that requires drivers of school buses to present a certificate of physical fitness each year before being permitted to operate any vehicles transorting children to and from school. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=SF2272 Title: S.B. 2272 - Section 45 Source: coolice.legis.state.ia.us IA Signed into law 06/2006 P-12 Specifies that the department of education has authority to suspend bus drivers' authorization to drive a school bus. Requires the department to take adverse action against any person who, after notice and opportunity for hearing, is determined to have committed any of the following: a.  Use of nonprescription controlled substances or alcoholic beverages during working hours. b.  Operating a school bus while under the influence of nonprescription controlled substances or alcoholic beverages. c.  Fraud in the procurement or renewal of a school bus driver's authorization to operate a school bus. d.  The commission of or conviction for a public offense as defined by the Iowa criminal code, if the offense is relevant to and affects driving ability, or if the offense includes sexual involvement with a minor student with the intent to commit acts and practices. Provides that such action may include a reprimand or warning of the person or the suspension or revocation of the person's authorization to operate a school bus. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=SF2272 Title: S.B. 2272 - Section 51 Source: coolice.legis.state.ia.us ID Signed into law 04/2006 P-12 Adds to existing law to prohibit access to school children by any person currently registered or required to register under the Idaho Sex Offender Registration Act; provides exceptions; provides a penalty. http://www3.state.id.us/oasis/H0713.html Title: H.B. 713 Source: Lexis-Nexis/StateNet VA Signed into law 04/2006 P-12 Adds teacher aides, school bus drivers, and school bus aides to the list of school personnel provided a limited exception to charges of simple assault or assault and battery while acting in the course and scope of their official capacity when using: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control. http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0709 Title: S.B. 26 Source: http://leg1.state.va.us NM Rule Adoption 10/2005 P-12 Relates to performance evaluation system requirements for librarian-teachers NEW MEXICO REG 4424 (SN) Title: NMAC 6.69.5, 6.69.5.1 through 6.69.5.11 Source: StateNet NM Rule Adoption 10/2005 P-12 Relates to persons seeking licensure in school social work, grades K-12. Sets the requirements for licensure. NEW MEXICO REG 4426 (SN) Title: NMAC 6.63.7, 6.63.7.1, 6.63.7.8, 6.63.7.9 Source: StateNet NM Rule Adoption 10/2005 P-12 Sets minimal standards of accepted ethical behavior and professional conduct in education that are applicable to all licensed school personnel, instructional personnel under contract, including any other person who provides instructional services in a school but who does not hold a standard license and whose presence is authorized. NEW MEXICO REG 4425 (SN) Title: NMAC 6.60.9, 6.60.9.1 through 6.60.9.3, 6.60.9.6, 6.60.9.9, 6.60.9.10, 6.60.9.11, 6.60.9.12 Source: StateNet WV Signed into law 05/2005 P-12 House Bill 2578 increases the ratios of professional and service personnel to students in net enrollment. The increases in the ratios of professional and service personnel per 1,000 students will be done in a manner that will reflect the greater need of counties with a low student population density for additional personnel. Title: H.B. 2578 Source: http://www.legis.state.wv.us/Wrapup/2005/final/final.pdf AR Signed into law 04/2005 P-12 Incorporates references to the state's Automated Fingerprint Identification System. Expands the definition of "cause" for purposes of waiving or suspending a teacher's license. Among changes to definition, includes knowingly falsifying or directing another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period. Deletes references to voluntary surrender of license. Allows state board to determine an applicant for a noncertified position in a district ineligible for employment has pleaded guilty or nolo contendere for specified crimes; is required to pass an examination as a requirement of his or her position and the applicant's completed examination test score was declared invalid because of the applicant's improper conduct; has an expunged or pardoned conviction for any sexual or physical abuse offense committed against a child; knowingly submits or provides false or misleading information or knowingly fails to submit or provide information requested or required by law to the department of education, the state board of education, or the division of legislative audit; or knowingly falsifies or directs another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period. Amends definition of "fraudulent act" in Arkansas Code § 6-17-421. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf Title: S.B. 1044 (sections 1-10) Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Includes guidance counselors and librarians in definition of "teacher" or "teachers" in provisions relating to incentives for teacher recruitment and retention in high-priority districts. Clarifies that all teachers not newly signed to work in a high-priority district must be paid a retention bonus of $2,000 for the 2004-2005 school year as well as at the beginning of each of the next 2 subsequent years if the teacher continues to work in a high-priority district. Clarifies that a teacher not newly signed to work in a high-priority district who voluntarily leaves the district before the end of the 3-year period must pay back the bonus amount on a pro rata basis. Adds that a teacher not newly signed to work in a high-priority district is involuntarily reassigned to a position that is not eligible for bonus pay as part of the program or is dismissed involuntarily by a school district, the teacher is not required to repay the applicable bonus pay. Adds that if a teacher qualified to receive bonus pay as part of this program leaves the district due to a serious medical emergency, the teacher is not obligated to repay the bonus if the teacher provides a written statement from a licensed physician stating that the teacher is unable to work and must terminate his or her employment. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf Title: S.B. 1044 (section 31) Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Increases the number and availability of social workers in the public schools. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1187.pdf Title: S.B. 1187 Source: 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 Amends the personnel policy law for classified school employees to make it more consistent with the personnel policy law for certified school employees. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB2000.pdf Title: H.B. 2000 Source: StateNet AR Signed into law 03/2005 P-12 Clarifies a school employee's right to have a witness or representative present in a disciplinary or grievance matter. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB2482.pdf Title: H.B. 2482 Source: StateNet CA Vetoed 09/2004 P-12 Allows a school employee, in a school district that is not subject to the disability compensation laws, to use up to 6 weeks of the 5-month period during which the employee receives differential pay to take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child. Allows the same benefit for a school employee that is not subject to the disability compensation laws and in which a school district receives compensation for the absence. http://www.leginfo.ca.gov/pub/bill/asm/ab_1901-1950/ab_1918_bill_20040819_enrolled.html Title: A.B. 1918 Source: California Legislative Web site CA Vetoed 09/2004 Postsec. Requires the California State University to employ an independent investigator on all complaints alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts for having made a protected disclosure to the State Auditor. http://www.leginfo.ca.gov/pub/bill/asm/ab_2601-2650/ab_2637_bill_20040824_enrolled.html Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2637_veto.pdf Title: A.B. 2637 Source: California Legislative Web site DE Rule Adoption 09/2004 P-12 Amends regulation relating to the Certification of School Psychologists to align them with current statute and regulations concerning licensing and certification. (Formerly Section 368) DELAWARE REG 1546 (SN) http://www.state.de.us/research/AdminCode/title14/1500/1577%20Standard%20Certificate%20-%20School%20Psychologist.shtml#TopOfPage Title: 14 DAC 1577 Source: Delaware State Web site DE Signed into law 08/2004 P-12 Protects state employees and school district employees who take military leave pursuant to federal mobilizations, by ensuring that the state will continue to provide the employee with their chosen state provided health care insurance for a minimum period of two years at no additional expense to the employee regardless of additional health care coverage provided by the military or other sources. http://www.legis.state.de.us/LIS/LIS142.NSF/c6fe685e20e98b2b882569a60053971e/f480eebe4361795285256eb40076dcb5?OpenDocument&Highlight=0,296 Title: SS2 for S.B. 296 Source: Delaware Legislative Web site LA Signed into law 07/2004 P-12 Relates to school employee injuries. Specifies that sick leave with pay for any secretary, paraprofessional employee, school aide, teacher or superintendent of a special school who is injured or disabled while acting in his official capacity as a result of (1) assault or battery by any student or person, or (2) physical contact with a student or others while providing physical assistance to a student to prevent danger or risk of injury to the student or others, may be granted for up to one calendar year. The governing authority of the special school may extend this period beyond one calendar year. If the governing authority of the special school questions the validity of the physician certification allowing for sick leave, the governing authority may require the employee to undergo examination by a physician of the authority's choosing. Should there be a disparity between the diagnoses of the two physicians, a third physician may be called upon to examine the employee; the opinion of the third physician must be determinative. and a six month reevaluation in order to continue to receive sick leave as a result of assault or battery or injury due to certain physical contact to prevent danger or risk of injury. Any teacher in a public school who is injured or disabled while acting in his official capacity as a result of physical contact with a student or others while providing physical assistance to a student to prevent danger or risk of injury to the student or others, may be granted sick leave for up to one calendar year. The same requirements as above apply if the local board questions the validity of the physician certification of such injury or disability. Full text: http://www.legis.state.la.us/leg_docs/04RS/CVT10/OUT/0000LVJ7.PDF Title: S.B. 51 Source: www.legis.state.la.us LA Signed into law 06/2004 P-12 Includes guidance counselors holding appropriate ancillary certificates issued by the state department of education in definitions of persons eligible for certain sabbatical and sick leave benefits provided by law. http://www.legis.state.la.us/leg_docs/04RS/CVT4/OUT/0000LUZS.PDF Title: H.B. 493 Source: StateNet LA Signed into law 06/2004 P-12 Permits city, parish, or other local public or nonpublic school systems to contract with local law enforcement agencies to provide for school resource officers. http://www.legis.state.la.us/leg_docs/04RS/CVT3/OUT/0000LV4G.PDF Title: H.B. 1163 Source: StateNet CT Signed into law 06/2004 P-12 Requires local and regional boards of education that employ athletic coaches to require the coaches' immediate supervisor to evaluate them on an annual basis; concerns due process in termination of coaches; provides a procedure for the nonrenewal of a coach's contract. http://www.cga.state.ct.us/2004/act/Pa/2004PA-00243-R00SB-00535-PA.htm Title: S.B. 535 Source: Connecticut Legislative Web site MD Signed into law 05/2004 P-12 Requires the State Board of Education and the Professional Standards and Teacher Education Board to certify certain social workers as professional personnel; relates to social workers employed in the education system. http://mlis.state.md.us/2004rs/bills/hb/hb1040t.rtf Title: H.B. 1040 Source: StateNet HI Signed into law 05/2004 P-12 Creates a safe and healthy school environment by prohibiting any person from smoking tobacco products on school property and at any school- sponsored functions regardless of location; provided that affected public employees shall be provided breaks for smoking at locations off-campus. Requires DOE to offer a smoking cessation program to interested employees. http://www.capitol.hawaii.gov/sessioncurrent/bills/hb2871_sd1_.htm Title: H.B. 2871 Source: Hawaii Legislative Web site AL Signed into law 05/2004 P-12 Relates to public school employees, Fair Dismissal Act, transfers, terminations, suspensions, procedure before local board of education, appeals procedure to hearing officer including arbitrator from Federal Mediation and Conciliation Service, different procedures for minor suspensions (less than seven days), appeals to Court of Civil Appeals. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp? Title: H.B. 43 Source: Alabama Legislative Web site DE Rule Adoption 05/2004 P-12 Amends regulations relating to requirements for a standard certificate. Changes made to comply with statutory changes regarding the licensure and certification of educators. Renumbers and renames Section. (Previously 14 DAC 382) http://legis.state.de.us/LIS/Register.NSF/vwRegisters/712/$file/June2004.pdf Title: 14 DAC 1582 Source: Delaware State Web site AZ Signed into law 05/2004 P-12 Concerns limitation on reduction of salaries or personnel in schools; requires notice of general salary reduction prior to the fiscal year it takes place; makes technical correction; specifies exception for reductions in salary from monies from the Classroom Site Fund. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0243.htm Title: H.B. 2102 Source: Arizona Legislative Web site GA Vetoed 05/2004 P-12 Provides that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer;provides an exception for a student-trainer, assistant- trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer. http://www.legis.state.ga.us/legis/2003_04/fulltext/hb1394.htm Title: H.B. 1394 Source: Georgia Legislative Web site VA Signed into law 04/2004 P-12 Amends section 22.1-253.13:1 and 22.1-253.13:2 . Specifies that the Standards of Learning form the core of Virginia's educational program and other educational objectives. Specifies that the state board must, at a minimum, define Standards of Learning for English, mathematics, science, history and social science. Specifies that "communication" as included in the Standards of Learning comprises listening, speaking, reading and writing. To passage on public input on proposed revisions to the Standards of Learning, adds that the department must provide and maintain Web capacity to allowing K-12 educators to submit recommendations for improvements to the Standards of Learning, when under review by the state board, as well as to the related assessments. Deletes "career education schools" from language requiring local boards to implement career and technical education programs. Provisions (i) increase from one half-time to one full-time principal in elementary schools with fewer than 300 students; (ii) provide one full-time assistant principal for each 400 students in each school, regardless of grade level; (iv) lower the pupil-teacher ratio from 25:1 to 21:1 in middle and high schools, to ensure the provision of scheduled teacher planning time; (v) reduce the required speech pathologist caseload from 68 to 60 students; (vi) require two technology support positions per 1,000 students in kindergarten through grade 12 divisionwide; and (viii) modify the current funding mechanism for remediation. Requires the state board to submit to the governor and the general assembly a report on the condition and needs of public education in the commonwealth and shall identify any school divisions and the specific schools therein that have failed to establish and maintain schools meeting the existing prescribed standards of quality. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0955 Title: H.B. 1014 Source: leg1.state.va.us KY Signed into law 04/2004 P-12 Requires local school boards to award a minimum ten days sick leave during the school year to all full time employees; includes full time employees in other sick leave provisions that previously pertained only to teachers; amends definition of "immediate family" to include the immediate family members of all school employees. http://www.lrc.state.ky.us/RECORD/04RS/HB309/bill.doc Fiscal impact: http://www.lrc.state.ky.us/RECORD/04RS/HB309/FN.doc Title: H.B. 309 Source: www.lrc.state.ky.us CO Signed into law 04/2004 P-12 Requires a school district to submit the name, date of birth, and social security number from the fingerprint form for each nonlicensed employee of the school district to the Department of Education; directs the department to create and maintain a database; requires the school district to notify the department when a nonlicensed employee no longer works for the school district; provides for purge of records for persons no longer employed. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont2/ Title: S.B. 62 Source: Colorado Legislative Web site WV Signed into law 04/2004 P-12 Clarifies that the county board of education and its superintendent may designate the places where competency testing for service personnel will be held (FN). Title: H.B. 4297 Source: StateNet ID Signed into law 03/2004 P-12 Amends existing law relating to school district employees to authorize the use of accrued sick leave to supplement worker's compensation payments. http://www3.state.id.us/oasis/H0602.html#billtext Title: H.B. 602 Source: Idaho Legislative Web site WV Signed into law 03/2004 P-12 Relating to the rights, privileges and benefits of substitute service personnel employed to fill vacancies created by leaves of absence, workers' compensation and suspensions for more than 30 working days and consideration of certain bus operators to be employed in the same building or working station. Title: H.B. 4554 Source: StateNet AR Signed into law 12/2003 Postsec. Establishes a growth pool of positions for the two year institutions of higher education of non- classified and classified positions to be used in situations where the need for positions exceeds the specific number of positions assigned to an institution. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB3.pdf Title: S.B. 3 Source: Arkansas Legislative Web site MI To governor 11/2003 P-12 Adjusts the minimum age requirement of school crossing guards to 17 from 18 years of age. Title: H.B. 4753 Source: http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=2003-HB-4753 CA Signed into law 10/2003 P-12 Community College Requires that classified employees of school districts and community college districts who are to be laid off be given written notice on or before April 29th or not less than 45 days prior to the effective layoff date, if the termination date of any specially funded program is other than June 30 or if classified employees are subject to layoff as a result of a bona fide reduction or elimination of a service performed by any department. http://www.leginfo.ca.gov/pub/bill/asm/ab_0251-0300/ab_290_bill_20031012_chaptered.html Title: A.B. 290 Source: California Legislative Web site CA Signed into law 10/2003 P-12 Provides, in a school district with a pupil population over 400,000, authorization for an appointment for a school-based classified position to be made from any rank on the eligibility list. Requires consideration of certain factors. Provides if certain requirements are needed that cannot be acquired during the probationary period, appointment may be made from among the highest 3 ranks of applicants who meet those requirements. Repeals these provisions on January 1, 2006. http://www.leginfo.ca.gov/pub/bill/asm/ab_0401-0450/ab_424_bill_20031012_chaptered.html Title: A.B. 424 Source: California Legislative Web site CA Signed into law 10/2003 P-12 Authorizes the Extra Credit Teacher Home Purchase Program to provide federal mortgage credit certificates and reduced interest rate loans funded by mortgage revenue bonds to classified employees in a high priority school. Requires priority for assistance to be given to eligible teachers, principals, vice principals and assistant principals. http://www.leginfo.ca.gov/pub/bill/sen/sb_0151-0200/sb_162_bill_20031012_chaptered.html Title: S.B. 162 Source: California Legislative Web site CA Signed into law 10/2003 P-12 Sets forth the employment rights of classified school employees who are terminated, reassigned, or transferred, or become the employee of another employer as a result of the development or revision of a local plan for the education of individuals with exceptional needs. Prohibits requiring an employee to secure advance permission for personal necessity leave taken for the death of or an accident involving a member of the employee's immediate family. http://www.leginfo.ca.gov/pub/bill/asm/ab_1001-1050/ab_1038_bill_20031012_chaptered.html Title: A.B. 1038 Source: California Legislative Web site CA Signed into law 10/2003 P-12 Community College Postsec. Authorizes the governing board of a school district or a community college district to approve compensation for all employees who are called to active military duty, without reference to any particular conflict or crisis. Provides the credential of a certificated elementary or secondary school employee would not become invalid while the employee is on active military duty and grants a recertification extension. http://www.leginfo.ca.gov/pub/bill/sen/sb_0251-0300/sb_259_bill_20031011_chaptered.html Title: S.B. 259 Source: California Legislative Web site CA Signed into law 09/2003 P-12 Relates to existing law under which the Housing Finance Agency administers a down payment assistance program to low-income first time homebuyers. Authorizes the agency to establish higher assistance limits for the down payment assistance to teachers and school personnel. Limits, to specified neighborhoods, the down payment assistance under existing law for low-income first time homebuyers. Expands eligibility for home loan insurance. http://www.leginfo.ca.gov/pub/bill/asm/ab_0301-0350/ab_304_bill_20030929_chaptered.html Title: A.B. 304 Source: California Legislative Web site CA Signed into law 09/2003 P-12 Postsec. Community College Requires a regular classified employee who is assigned to perform an assignment or service in addition to his or her regular assignment to be paid on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to that classification during the school year. Requires the district to inform the employee of the compensation and benefits before the assignment or service begins. Applicable to school districts and community colleges. http://www.leginfo.ca.gov/pub/bill/asm/ab_0901-0950/ab_918_bill_20030821_enrolled.html Title: A.B. 918 Source: California Legislative Web site CA Signed into law 09/2003 P-12 Defines the prohibition on the refusal or failure to meet and negotiate in good faith to include the knowing provisions by a public school employee to an exclusive representative of inaccurate information regarding its financial resources, whether or not it is provided in response to a request for information. http://www.leginfo.ca.gov/pub/bill/asm/ab_0101-0150/ab_109_bill_20030904_chaptered.html Title: A.B. 109 Source: California Legislative Web site CA Signed into law 08/2003 Postsec. Requires the Trustees of the California State University to provide disability retirement temporary disability allowances for employees of California State University in a manner similar to what is required in existing law by other state employers. http://www.leginfo.ca.gov/pub/bill/asm/ab_0901-0950/ab_908_bill_20030811_chaptered.html Title: A.B. 908 Source: California Legislative Web site CA Signed into law 08/2003 P-12 Postsec. Community College Decreases all 3 year time requirements to reclassify classified school employees under a merit system of a school district or community college district, to 2 years. http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1070&sess=CUR&house=B&author=laird Title: A.B. 1070 Source: California Legislative Web site CA Signed into law 08/2003 P-12 Revises the definition of confidential employee to mean any employee who is required to develop or present management positions with respect to confidential information that is used to contribute significantly to the development of management positions. Deletes the authority of a public school employer to withhold recognition of an employee organization by requiring that a representation election be conducted. Makes conforming and related changes. http://www.leginfo.ca.gov/pub/bill/sen/sb_0251-0300/sb_253_bill_20030804_chaptered.html Title: S.B. 253 Source: California Legislative Web site IL Signed into law 07/2003 P-12 Provides the state board of education shall accept, as qualifications for non-certified personnel, relevant life experiences as determined by the State Board by rule. http://www.legis.state.il.us/legislation/billstatus.asp?DocNum=2350&GAID=3&DocTypeID=HB&LegID=3585&SessionID=3 Title: H.B. 2350 Source: Illinois Legislative Web site IL Signed into law 07/2003 P-12 Amends the School Code. Provides that a School Service Personnel Certificate with a speech-language pathologist endorsement shall be issued to a speech- language pathologist who meets specified criteria. Amends the Speech- Language Pathology and Audiology Practice Act. Provides that a person who has made application to the Department for a license to practice speech-language pathology or audiology may practice without a license pending disposition. http://www.legis.state.il.us/legislation/billstatus.asp?DocNum=2864&GAID=3&DocTypeID=HB&LegID=5414&SessionID=3 Title: H.B. 2864 Source: Illinois Legislative Web site LA Signed into law 07/2003 P-12 Provides relative to extra compensation for noncertified school support personnel in the event such compensation is not included in the minimum foundation program formula. http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB1858&doctype=BT Title: H.B. 1858 Source: StateNet LA Signed into law 06/2003 P-12 Requires a restriction which limits a person to operating only a school bus; provides that such restriction shall apply to a person who has taken a skills test in a school bus and who has taken a skills test in a school bus and who has not previously held a commercial driver's license. http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=SB141&doctype=BT Title: S.B. 141 Source: StateNet LA Signed into law 06/2003 P-12 Adds a charge of immorality as a cause for dismissal of a teacher, bus driver, or permanent employee; defines immorality as conviction of a felony offense against the public morals. http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB778&doctype=BT Title: H.B. 778 Source: www.legis.state.la.us GA Vetoed 06/2003 P-12 Relates to conditions of employment of certain persons under the "Quality Basic Education Act," so as to provide for salary increases for certain persons credentialed as National Certified School Counselors and to provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists. http://www.legis.state.ga.us/legis/2003_04/sum/sb178.htm Title: S.B. 178 Source: Georgia Legislative Web site IN Signed into law 05/2003 P-12 Allows a governing body in an executive session to receive information about misconduct and discuss the status of a school bus driver, who is an independent contractor, or a physician, before the governing body makes a determination; makes provisions regarding public meetings; defines confidential records as regarding personnel information and security from terrorist attacks. http://www.in.gov/serv/lsa_billinfo?year=2003&request=getBill&docno=169 Title: S.B. 169 Source: Indiana Legislative Web site OK Signed into law 05/2003 P-12 Adds provision to allow certain nonclassified personnel who return to work after retirement to be paid without penalty to their retirement. http://www2.lsb.state.ok.us/2003-04SB/sb663_enr.rtf Title: S.B. 663 Source: http://www2.lsb.state.ok.us IA Vetoed 05/2003 P-12 Removes the contract requirement for substitute and part-time school bus drivers. http://www.legis.state.ia.us/GA/80GA/Session.1/HJournal/02200/02251.html and Section 51: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html Title: H.B. 549 (omnibus bill) Source: www.legis.state.ia.us IA Signed into law 05/2003 P-12 Adds that school bus driver must be immediately suspended from duties, pending termination hearing by district board or authorities of nonpublic school, if a change in circumstances indicates the driver is no longer physically or mentally competent. Specifies what constitutes a change in circumstances for an insulin-dependent diabetic. Adds that an insulin-dependent diabetic may drive school bus if doctor provides a signed statement that the results of an annual physical examination show the individual is physically capable of performing the required functions despite insulin dependency. Specifies under what circumstances an insulin-dependent diabetic may be allowed to operate or barred from operating a school bus. Requires district or authorities of nonpublic school employing insulin-dependent diabetic as a school bus driver to monitor the diabetic for compliance with enumerated requirements. See Sections 58-59: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html Title: H.B. 549 (omnibus bill) Source: www.legis.state.ia.us MS Signed into law 04/2003 P-12 Allows any licensed employee to be credited with a professional leave allowance with pay for every day of absence caused by required attendance at meetings pertaining to official state business and authorized by local board policy. Changes references in sick and personal leave policy from "absent licensed employee" to "absent employee." In same section, changes references to "substitute teachers" to "substitute employees." Allows substitute teachers to be paid from minimum education program funds. Specifies that except for in December, all employees' salaries are to be paid on at least a monthly basis according to a system established by the local board. Specifies that, regardless of the reason employment ended, any school employee whose employment terminates during a school term is to be paid only for the part of the school term that the employee actually worked. In determining a teacher's "year of teaching experience," if a teacher surpasses the number of days the state board has determined a teacher may not be under contract but may still be employed, the teacher must not be credited a year of teaching experience. http://billstatus.ls.state.ms.us/documents/2003/html/HB/0700-0799/HB0742SG.htm Title: H.B. 742 Source: billstatus.ls.state.ms.us KS Signed into law 04/2003 P-12 Amends the Uniform Commercial Drivers' Licensing Act. Creates new section allowing the driving skills test for a school bus endorsement to be waived until September 30, 2005 if the applicant is currently licensed, has experience driving a school bus, has a good driving record and meets other specified criteria. Creates new section forbidding driver to enter into a diversion agreement instead of criminal proceedings preventing a driver's conviction, except a parking violation, in any type of motor vehicle from appearing on the driver's record, regardless of whether or not the offense was committed in the state in which the driver is licensed. Defines a school bus as a commercial motor vehicle, not including a bus used as a common carrier. Defines as a "serious traffic violation" the driving of a commercial motor vehicle in violation of an out-of-service order. Creates a commercial drivers' license endorsement authorizing holder to drive school buses. Modifies and adds to the circumstances disqualifying a person from driving a commercial motor vehicle for specified periods of time http://www.kslegislature.org/bills/2004/2220.pdf Title: H.B. 2220 Source: www.kslegislature.org KY Signed into law 03/2003 P-12 Allows a local superintendent to waive the requirement that a director of pupil personnel in a district devote his or her entire time to the duties of the office. The superintendent must report this action to the commissioner of education. http://www.lrc.state.ky.us/RECORD/03RS/HB224/bill.doc Title: H.B. 224 Source: www.lrc.state.ky.us WV Signed into law 03/2003 P-12 Relates to county boards of education generally and expands job sharing arrangements to include employees who are not professional employees; relates to agreements to specify which employee is eligible for insurance coverage; limits cost to retirement system. Title: H.B. 2083 Source: StateNet CO Signed into law 06/2002 P-12 Expands inquiry process at nonpublic schools from applicants to include employees of such schools. If nonpublic school employee is subject of inquiry, he/she must submit a complete set of his/her fingerprints to the governing board of the school. Requires department to forward nonpublic school employee fingerprints to state bureau of investigation for completion of state and national criminal history record check. Department is designated as authorized agency to receive and disseminate information concerning the results of a national criminal background check of nonpublic school employee, and department must inform the governing board whether the background check has confirmed any conviction, plea of no contest, deferred sentence or deferred prosecution. Expands requirement beyond misdemeanor to add that when there is good cause to believe a nonlicensed staff member of a school district has been convicted of a felony or misdemeanor other than a misdemeanor traffic offense or traffic infraction, the district must require such person to provide the district with a complete set of his/her fingerprints within 20 days of receipt of written notification from the district. Eliminates phrase that this requirement shall apply to only those personnel employed by the district since January 1, 1991. Eliminates language exempting from this requirement any person who has submitted fingerprints to any Colorado school district in the two-year period immediately preceding date of receipt of written notification requesting fingerprints and who has given written consent to the transfer of copies of previously submitted fingerprints to the requesting district. http://www.leg.state.co.us/2002a/inetcbill.nsf/fsbillcont/06A41A17C4F3B75587256B3D00642F0C?Open&file=1459_enr.pdf Title: H.B. 1459 Source: http://www.leg.state.co.us FL Signed into law 05/2002 P-12 Allows school boards more time to decide on personnel nominations when the Legislature adjourns before May 31. Title: S.B. 20E Source: http://www.leg.state.fl.us AL Signed into law 04/2002 P-12 Relating to the salaries of public education employees, to provide for a revision of the State Minimum Salary Schedule and to reflect pay increases of three percent beginning with the fiscal year 2002-2003; to provide that each certificated employee of certain boards of education shall receive the pay increase according to placement on the appropriate salary step and in addition to the salary earned during the previous year; to require the appropriate increases on the State Minimum Salary Schedule; to provide support employees with a three percent cost-of-living adjustment; to provide the employees of other public educational institutions and schools with a three percent cost-of-living adjustment; to provide for an across-the-board salary increase of all two-year postsecondary salary schedules, and to establish other requirements on the two-year postsecondary salary schedules; to establish definitions; to establish miscellaneous pay provisions; to require appropriations in the annual budget act to meet the re quirements of this act; and, in connection therewith, would have as its purpose or effect the requirement of a new or increased expenditure of local funds.http://alisdb.legislature.state.al.us/acas/searchableinstruments/2002rs/bills/hb340.htm Title: H.B. 340 Source: alisdb.legislature.state.al.us HI Signed into law 04/2002 P-12 States that a school bus or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus or van and shall comply with the standards of the department of transportation. http://www.capitol.hawaii.gov/sessioncurrent/bills/hb2580_.htm Title: H.B. 2580 Source: www.capitol.hawaii.gov LA Signed into law 04/2002 P-12 Reinstates provisions providing for the probationary period of a school employee who is promoted in a school system with a population of 425,000 or more. http://www.legis.state.la.us/leg_docs/021ES/CVT8/OUT/0000JIZD.PDF Title: S.B. 35A Source: www.legis.state.la.us MS Signed into law 03/2002 P-12 Relates to school psychologists; clarifies that persons under contract with school districts to perform psychological services may use the same titles as those persons employed by school districts who perform the same services. Title: H.B. 1302 Source: Lexis-Nexis/StateNet NM Vetoed 03/2002 P-12 Relates to education; requires the State Department of Public Education to develop a training and experience index for personnel who are not assigned to an instructional program of a school district; requires the State Department of Public Education to report its findings to the legislature. Title: H.B. 311 Source: Lexis-Nexis/StateNet RI Became law without GOVERNOR'S signature 07/2001 P-12 Requires teacher assistant substitutes who work more than 20 days during any school year to meet the requirements of permanent teacher assistants. Title: S.B. 662 Source: Lexis-Nexis/StateNet OR Signed into law 06/2001 P-12 Relates to youth sports coaches and supervisors; requires youth sports providers to create and adopt a list of crimes that would preclude individuals from coaching or supervising youth sports activities; provides for criminal background checks for such individuals; requires all coaches and supervisors to complete a sports education program. Title: H.B. 2781 Source: Lexis-Nexis/StateNet RI Became law without GOVERNOR'S signature 06/2001 Postsec. (Joint Resolution) Extends the reporting date of the special legislative commission to study the feasibility of allowing unionized classified employees at all higher education institutions to be able to negotiate directly with Rhode Island Board of Governors from January 27, 2001 to January 29, 2002 and said commission shall expire on March 29, 2002. Title: H.B. 5188 Source: Lexis-Nexis/StateNet ME Signed into law 05/2001 P-12 Public Law No. 192.,& 181 (LD 1754)Relates to the Maine State Retirement System; establishes the Consumer Price Index as the benchmark for the cost-of-living adjustments; establishes standards for the determination by the Board of Trustees of the Maine State Retirement System; allows service credit in order to qualify for a service retirement benefit under a special plan to a State employee, teacher member or participating local district member interrupting employment for any services. Title: S.B. 576 Source: Lexis-Nexis/StateNet MN Signed into law 04/2001 P-12 Relates to drivers' licenses; includes certain crimes against children as disqualifying offenses for purposes of school bus endorsements on driver's licenses. Title: H.B. 57 Source: Lexis-Nexis/StateNet CA Vetoed 09/2000 P-12 Prohibits an employer from secretly monitoring the electronic mail or other computer records generated by an employee. Provides that an employer who intends to inspect, review, or retain any electronic mail or any other computer records generated by an employee shall prepare and distribute to all employees the employer's workplace privacy and electronic monitoring policies and practices. Applies to specified agencies and school districts. Title: S.B. 1822 Source: Lexis-Nexis/StateNet CA Vetoed 09/2000 P-12 Requires the State Department of Education to conduct a study of pupil support, defined to include school counselors, school psychologists, and school social workers, in the schools, as specified. Requires the State Department of Education to report the results of the study to the Governor and the Legislature by 01/01/2002. Title: A.B. 2689 Source: Lexis-Nexis/StateNet AL Signed into law 05/2000 P-12 Provides an equivalent percent cost-of-living adjustment for certain public education employees with the beginning of the 2000-2001 fiscal year; requires a revision of the state salary matrix for certificated personnel; requires revisions of local salary schedules to reflect the cost-of-living adjustments for the 2000-2001 fiscal year. Title: H.B. 202 Source: Lexis-Nexis/StateNet