Authority to Formulate and Approve State Education Standards (Working Document) – January 26, 2011
It is a primary role of every legislature to write state statutes through legislation. Ultimately, the legislature makes the laws. Legislatures can modify or nullify
standards/curriculum/graduation requirements/etc. if there is something that they don‘t agree with (exception – Hawaii) – for example, many legislatures have
specified in law the courses required for high school graduation.
In the case of oversight of state education standards, ultimately legislatures have the power to pass legislation changing statutes; except in cases where authority
for education state standards is established by the state constitution (for instance Hawaii) – there, the legislature could propose a constitutional amendment to
modify that authority.
In most states, the state board of education is responsible for formulating and approving state education standards. There are a handful of states
where legislative action is necessary, including:
Minnesota - Commissioner of Education formulates the standards (no Board of Ed) - The standards are outlined in state statute therefore it is the
legislature that determines the standards. Then, the commissioner must adopt rules for implementing the statewide standards. The commissioner
must not amend or repeal these rules without specific legislative authorization. In order for the Dept. of Ed to set new standards, or rules of any kind, it
must first receive legislative direction.
Nevada - The Council to Establish Academic Standards in Education addresses the establishment and revision of the State‘s academic standards.
The Council consists of 8 members; members are appointed by the Governor (4 members) and Legislative Leadership (4 members). The State Board
of Education reviews and adopts the standards as submitted by the Council. After adopting a regulation concerning the state standards, the
Department of Education must submit a copy of the regulation to the Legislative Counsel for review by the Legislative Commission to determine
whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the
Legislature in granting that authority.
New Hampshire - the State Board of Education. The SBE submits standards to legislature for final approval - there are hearings and legislative action
to adopt.
Texas - the Legislature grants the board the exclusive authority to adopt the standards. But, the legislature can take away or limit the board's authority
over the standards through statute. The Legislature could adopt standards into statute, which could override board action.
Vermont - the standards are adopted through the rule-making process and must be approved by a legislative committee on rule-review. All powers of
the State BOE are statutory and can be changed. Therefore, the legislature has ultimate control, although there is no express veto provision.
Washington - The statute provides that the legislature must be provided time to review and respond prior to the adoption of any changes in state
learning standards. To underscore the point, last session SB 6696 (Race to the Top bill) granted State Superintendent authority to ―provisionally adopt‖
the common core standards, but the legislature retained final authority. However, if the legislature does not act on the CCS during the 2011 session
(starts second Monday in January and runs for 105 days) then OPSI can fully adopt common core.
LESN responses to ListServ question, September 15, 2010
State (bold if
Authority cited by CCSSO / NGA
What entity in your state is
Does your state require legislative
Does your legislature have
they have
adopted common
core)
website www.corestandards.org
Green text is from other sources
responsible for formulating and
approving your state education
standards? (In many states, it‘s
the state board of education and
in some states, it‘s the legislature)
action before state standards can
be fully adopted?
oversight and/or veto power over
rules/regulations adopted by your
state board of education or other
standards-authorizing entity?
Red text is from NCSL Legislative
Review of Administrative Rules
publication, 1990
Purple text from Leg Man
contacts
In some states, review of rules
and regulations is a statutory
power and in others a
constitutional power; within those,
legislatures have different
structures and authorities for rule
review and oversight.
Alabama
Alaska
i
ii
State Board of Education
(Elected) by resolution
State Board of Education –
Elected (Governor also serves as
a member)
State Board of Education (Appt.
by Governor)
No
No
http://www.eed.state.ak.us/faq.ht
ml#A2
Arizona
Arkansas
State Board of Education (Appt.
by Governor)
http://www.azsba.org/static/index.
cfm?action=group&contentID=56
State Board of Education (Appt.
State Board of Education
No
Pursuant to the Alabama
Administrative Procedure Act,
rules and regulations adopted by
the State Board of Education are
subject to oversight and/or veto
power by Alabama‘s Legislative
Council, which consists of a
portion (32 members) of the
Legislature. Resolutions adopted
by the SBE, however, are not
subject to the oversight and/or
veto of the Council.
Not officially. Legislative staff
analyzes all proposed regulations
and reports findings to legislators.
The staff attempts to complete
analysis prior to the end of the
public comment period to give
legislators a chance to take
legislative action before rules go
into effect.
No legislative review of
administrative rules.
Oversight only to the extent of
by Governor)
reviewing the rules. No veto
power. We have an
Administrative Rules Section
within the bureau now (about 2
yrs old) that tracks all agency
rules for review by the Legislative
Council.
No legislative review of
administrative rules.
Only if they pass legislation to
change statutes on the procedure
of how standards are adopted
California
State Board of Education (Appt.
by Governor)
State Board of Education
Colorado
State Board of Education
(Elected)
The State Board of Education is
responsible for adopting the state
model content standards - which
they did last December (and then
adopted Common Core in
August!)
No - the standard don't come
back for review by the General
Assembly.
(No) - The General Assembly has
instructed the Office of Legislative
Legal Services to review all of the
state board's rules (as well as all
of the rules adopted by other
executive branch agencies) and
to notify the General Assembly of
rules that conflict with the statute
or are outside the State Board's
authority. The General Assembly
then takes action to ensure those
rules automatically repeal. But,
the state model content standards
are not adopted as rules under
the state's Administrative
Procedure Act, so they are not
subject to the rule review
process.
Connecticut
State Board of Education (Appt.
by Governor)
State Board of Education
No legislative action is required
Delaware
State Board of Education (Appt.
by Governor)
No – There is no formal process
by which the legislative reviews
Board decisions on standards.
The Board‘s authority to adopt
standards is defined in statute.
The legislature could always
change the statute by passing
legislation.
No legislative review of
administrative rules.
No
No legislative regulatory review in
Delaware. However, the
legislature is free to enact
legislation after the fact, if they so
desire.
Florida has both substantive
committee and Joint
Administrative Procedures
Committee oversight and review
of all standards and rules of the
state board of education and all
other education standardsauthorizing entities. No
legislative veto.
Florida
State Board of Education (Appt.
by Governor)
State Board of Education
Georgia
State Board of Education (Appt.
by Governor)
State Board of Education
No
The Legislature does not have
"veto" power over State Board
rules, but they can pass new laws
or amend existing laws that could
require changes to our rules in
order to be in compliance with
state law.
Hawaii
State Board of Education
(Elected)
State board of Ed has
constitutional authority over state
standards
No
No legislative review of
administrative rules.
(Indirect maybe)
Idaho
State Board of Education (Appt.
by Governor)
The State Department of
Education formulates the
standards and the State Board of
Education approves the
standards.
The standards are then
formulated into administrative
rules that go through an extensive
review and are lastly reviewed
and voted on by legislative
germane committees and then
the full Legislature.
(Yes)
State Board of Education
No
No. However, the Standards
were put out to public comment
and went through our Rules
adoption process, which
culminates in a hearing and
approval by the Joint Committee
on Administrative Rules (which is
comprised of legislators).
BOE will vote in November to
submit final version of standards
for legislative approval
Illinois
http://www.sde.idaho.gov/site/me
dia_center/current_releases_docs
/Common%20Core%20Regional
%20Public%20Meetings%20Sept
ember%2010%202010.pdf
State Board of Education (Appt.
by Governor)
Indiana
State Board of Education (Appt.
by Governor) and the Education
Roundtable (Co-Chaired by
Governor and the elected
Superintendent of Public
Instruction)
Iowa
State Board of Education (Appt.
by Governor)
Kansas
Kentucky
No
The Administrative Rules
Oversight Commission, which is a
study committee made up of
legislators from both houses may
decide to review a rule and
suggest legislation for
introduction in the General
Assembly. The legislature can
adopt, and the governor must
sign, legislation to repeal a rule
State Board of Education. On
July 29, the State Board adopted
the national standards (Common
Core) for math and English in
place of the Iowa Core
Curriculum. According to the
Iowa Department of Education,
"(T)he Common Core State
Standards does not replace our
state mandated content
standards for No Child Left
Behind accountability, but
becomes part of the Iowa Core,
which all schools must implement
by 2014."
No
The Iowa Code establishes that
oversight of state agency rules
shall be provided by the
Administrative Rules Review
Committee, but the State Board
did not actually adopt the content
standards in rule. If the board
had adopted the standards by
rule, the bipartisan committee,
which is comprised of five
senators and five representatives,
would have reviewed the rule and
would have had various options
provided for in Iowa Code
Chapter 17A
State Board of Education
(Elected)
State Board of Education
No
The legislature cannot veto rules
and regulations, although it does
have a committee that reviews all
rules and regulations, and if the
committee does not like some
items in proposed regulations, it
can voice that opinion, which is
most often taken into account by
the regulatory bodies. Or if not
heard, legislators can, of course,
develop laws which can have the
effect of changing such
regulations – or take money from
agencies.
Kentucky Board of Education
(Appt. by Governor),
Council on Postsecondary
Education,
Education Professional Standards
Kentucky Board of Education
Yes, Kentucky statutes include a
process that creates the option for
legislative committee review and
recommendations.
The legislative committees may
make nonbinding determinations.
The Kentucky Board of Education
must either accept suggestions or
recommendations regarding an
Board
The Kentucky Board of Education
must submit a proposed
regulation dealing with the
assessment and accountability
system to the Education
Assessment and Accountability
Regulation Review Subcommittee
for review and subsequently
depending upon the date of
promulgation, review by the
Interim Joint Committee on
Education, or the standing Senate
and House Committees on
Education.
The three Chairs of these bodies
signed a formal resolution
directing their agencies to
implement the Core Standards.
This action made the standards
final.
administrative regulation or issue
a concise statement setting forth
the reasons for not accepting
suggestions or recommendations
regarding an administrative
regulation.
A proposed regulation that either
was approved by the appropriate
committee or which was not
reviewed by the appropriate
committee within the timeframe
required by statute subsequently
becomes law within an
established statutory schedule.
A regulation found deficient may
be implemented but must either
be approved by the next session
of the General Assembly or cease
to be law.
Louisiana
Maine
State Board of Elementary and
Secondary Education
The State Board of Elementary
and Secondary Education (BESE)
is responsible for developing and
implementing K-12 state
education standards. However,
once standards are approved by
BESE, the rules to implement the
standards must be promulgated
in accordance with the state‘s
Administrative Procedure Act.
No
(Yes) - All proposed rules must
be submitted to the appropriate
legislative committee (In this
case, the Senate and House
committees on education.) before
final rules can be promulgated
and implemented. The legislative
committees with oversight
responsibility for a specific
agency have the option of holding
a hearing on a rule (meeting
either separately or jointly), or to
allow the rule(s) to become final
without a committee hearing. If
either the Senate or the House
committee disapproves a rule, the
rule is then sent to the governor
who can override the committee
action, thus allowing final
adoption and implementation of
the rule.
The Maine Department of
Education, in consultation with
Yes, the Maine State Legislature
has approval authority over the
Yes
Maryland
the Maine State Board of
Education, is responsible for
formulating state education
standards. State standards are
promulgated by rule of the Maine
Department of Education.
rules that are provisionallyadopted by the department.
State Board of Education
No
The Joint Committee on
Administrative, Executive, and
Legislative Review (AELR).
functions as the watchdog of the
General Assembly in overseeing
the activities of State agencies as
they relate to regulations. The
committee‘s primary function is to
review any regulations that are
proposed for adoption by a unit of
the Executive Branch of State
government to determine whether
the regulations conform both with
the statutory authority of the unit
and the legislative intent of the
statute under which the
regulations are proposed.
Board of Elementary and
Secondary Education (Appt. by
Governor)
State Board of Education
(Elected)
Board of Elementary and
Secondary Education
No
Michigan's "model" standards are
developed by the state board of
education. Schools must adopt
them (or have similar standards
approved) if they want to be
accredited.
No, the legislature does not have
to approve the standards adopted
by the state board.
No. However, they can pass
legislation that changes
standards
No, the legislature does a limited
amount of oversight over the
rules adopted by the state board.
There is a process whereby rules
are run through a legislative
committee, but they are rarely
changed in this process.
Commissioner of Education.
There is no Board of Ed.
Commissioner of Education.
There is no Board of Ed.
http://www.house.leg.state.mn.us/
hrd/pubs/ss/ssk12stan.htm
The standards are outlined in
state statute therefore it is the
legislature that determines the
standards. Then, the
commissioner must adopt rules
Yes. In order for the Dept. of Ed
to set new standards, or rules of
any kind, it must first receive
legislative direction.
State Board of Education (Appt.
by Governor)
The BOE adopted the standards
marking the beginning of the
process of formulating the
curriculum. The finalized
curriculum based on the
standards will require future
approval from the BOE.
Massachusetts
Michigan
Minnesota
The commissioner of
education, through a revision
cycle, has the authority to set
No direct oversight once DOE
has adopted new standards. The
legislature can, and has
frequently, passed legislation that
modifies academic standards.
However, there is no formal
legislative review process of
standards approved by the
Commissioner of Education.
Mississippi
State Board of Education
Missouri
State Board of Education (Appt.
by Governor)
Montana
State Board of Public Education
(Appt. by Governor)
for implementing the statewide
standards. The commissioner
must not amend or repeal these
rules without specific
legislative authorization.
the benchmarks that align to
the standards. These
benchmarks do not need
legislative approval in order to
be adopted.
State Board of Education (Appt.
by Governor, Lt. Governor, and
Speaker of the House
State Board of Education
No
State Board of Public Education
No
State Board of Education
No
The statute (160.514) says by
rule and regulation—the original
1993 law resulted in standards
adopted by administrative rule in
1995, effective in 1996.
Will be voting on adoption in the
coming months
http://opi.mt.gov/Curriculum/#gpm
1_7
Nebraska
State Board of Education
(Elected)
Nevada
The Council to Establish
Academic Standards first adopted
the standards. The BOE
No legislative review of
administrative rules.
No
The general assembly has a role
to play in the final adoption of
administrative rules through its
joint committee on administrative
rules.
No. But, the legislature passed a
law in 2005 that says any rule
from the board that will have a
significant fiscal impact cannot be
implemented until after the next
legislative session. This gives the
legislature time to initiative a
change in rules through
legislation.
No
No legislative review of
administrative rules.
Half the board members have
expressed concern over adopting
the standards
http://www.omaha.com/article/201
00708/NEWS01/707089809
State Board of Education
(Elected)
Because the revision cycle
occurs over a couple years,
there are legislative sessions
that begin and end during the
revision process. In this way,
the legislature has oversight
and has the opportunity to
direct the revision rulemaking
process.
The Council to Establish
Academic Standards in Education
addresses the establishment and
revision of the State‘s academic
standards. The Council consists
of 8 members; members are
Yes. After adopting a regulation
concerning the state standards,
the Department of Education
must submit the a copy of the
regulation to the Legislative
Counsel for review by the
Yes. The Legislative Commission
may object to the regulation if it is
determined the regulation is: 1)
not required; 2) does not conform
to statutory authority; or 3) does
not carry out legislative intent. In
formalized the adoption with their
approval
appointed by the Governor (4
members) and Legislative
Leadership (4 members).
The State Board of Education
reviews and adopts the standards
as submitted by the Council. The
State Board may object to the
standards and return those
standards to the Council with an
explanation. The State Board
must adopt the standards as
resubmitted, with or without
revisions.
New Hampshire
State Board of Education (Appt.
by Governor)
New Jersey
State Board of Education (Appt.
by Governor)
The Professional Standards
Board advises the State Board of
Education. The SBE submits
standards to legislature for final
approval
State Board of Education
Legislative Commission to
determine whether the regulation
conforms to the statutory authority
pursuant to which it was adopted
and whether the regulation
carries out the intent of the
Legislature in granting that
authority.
this case, the regulation is not
approved and is returned to the
agency.
Yes, there are hearings and
legislative action to adopt.
Yes
No
No although the Legislature can
pass laws mandating the
inclusion of certain items.
No legislative review of
administrative rules.
New Mexico
Secretary of Public Education
(Appt by Governor)
The Public Education Department
under the cabinet Secretary of
Public Education
No
http://www.ped.state.nm.us/CCSS
I/dl10/OverviewNativeInputForNM
CCSS2010%2008%2018.pdf
The Legislature has no oversight
or veto power over agency rule
under the separation of powers
except by later nullification
through statute.
No legislative review of
administrative rules.
New York
North Carolina
State Board of Regents (Appt. by
Legislature)
State Board of Education (Appt.
by Governor)
The State Board is responsible
for formulating and approving
state education standards
(though the General Assembly
certainly has the power step in
and modify or limit standards, if
they so choose).
No
Generally, most NC agencies'
rules are subject to review and
repeal by the General Assembly
before those rules can take effect.
However, lawyers for the State
Board of Education argue that
those laws do not apply to the
State Board's rulemaking
because it has constitutional
authority to adopt rules.
Ultimately, the GA makes the
laws in North Carolina. So the
GA could certainly step in and
modify
standards/curriculum/graduation
requirements/etc. if there was
something that the GA didn't
agree with.
Legislative action may be
required before some standards
are approved if they would
conflict with something that is in
existing statutes.
North Dakota
Superintendent of Public
Instruction
No
Ohio
State Board of Education
State Board of Education – 11 of
19 members are elected. The rest
are appointed by governor
No
Oklahoma
State Board of Education (Appt.
by Governor – Although Chair of
Board is the elected chief state
school officer)
State Board of Education that is
responsible for formulating and
approving state curriculum
standards, with some direction
from the legislature.
No, but the legislature has
specified in law the courses
required for high school
graduation (70 O S. §§11-103.6),
the scope of social studies
curriculum (70 O. S. §11-103.6a),
AIDS prevention education (70
O.S. §11-103.3), approval of sex
education curriculum (70 O.S.
§11-105.1), the Passport to
Financial Literacy instruction (70
O.S. §11-103.6g-11-103.6h), and
physical education programs (70
O.S. §11-103.9).
Yes. The legislative assembly
only meets every two years.
When not in session, the
legislative Administrative Rules
Committee can void any rule set
by the Superintendent of Public
Instruction
No. Standards are not considered
‗rules‘ and thus are not under the
authority of the Joint
Administrative Rule Review
legislative committee that reviews
proposed rules and regulations.
No, the Legislature does not have
direct veto power. However, the
State Board does have to adopt
the standards through the rule
making process and under the
state‘s Administrative Procedures
Act and the Legislature can in
effect have veto power over the
administrative rule when it comes
through for approval. Under the
APA the Legislature can approve,
disapprove, or modify the rules
when they come through the
process for review and approval.
Oregon
State Board of Education (Appt.
by Governor)
Pennsylvania
State Board of Education (Appt.
by Governor)
Board of Regents (Appt. by
Governor)
Rhode Island
South Carolina
State Board of Education
South Dakota
State Board of Education (Appt.
by Governor)
State Board of Education (Appt.
by Governor)
Tennessee
Texas
The State Board of Education
No
Oversight. Rules are sent to
specific legislators and legislative
offices for review.
No legislative review of
administrative rules.
State Board of Education – State
legislators within each judicial
circuit meet to elect the state
board member that will represent
the judicial district.
SD Board of Education
No
No direct veto authority. The
legislature would have to change
statute to override any standards.
No
Yes
State Board of Education (Appt
by Gov.)
No
State board of education
No
There is a process available to
the legislature where it can
suspend a rule through legislative
enactment. However, curriculum
standards are not considered a
rule, but instead as a
responsibility of the State Board
of Ed.
No. The Legislature grants the
board the exclusive authority to
adopt the standards. But, the
legislature can take away or limit
the board's authority over the
standards through statute. The
Legislature could adopt standards
into statute, which could override
board action.
Utah
State Board of Education
(Elected)
State Board of Education
No
Yes. The Administrative Rules
Committee may review any rule
and may recommend proposed
legislation to sunset a rule.
Vermont
State Board of Education (Appt.
by Governor with advice of the
Senate)
State Board of Education
(Appointed by Governor)
All powers of the State BOE are
statutory and can be changed.
Therefore, the legislature has
ultimate control, although there is
no express veto provision.
Virginia
State Board of Education (Appt by
Governor)
State Board of Education
The standards are adopted
through the rule-making process
and must be approved by a
legislative committee on rulereview. No action from the full
legislature is required
No
No veto power. Joint Commission
on Administrative Rules , or
http://www.doe.virginia.gov/boe/in
dex.shtml
Washington
Superintendent of Public
Instruction (Elected)
He has provisionally accepted the
standards, although the state
legislature must review the
standards in the 2011 session
before formal adoption can occur.
Under statute, the Superintendent
of Public Instruction (CSSO) has
authority to formulate and
approve state education
standards
The basic statute requires that the
SPI, ―on request,‖ provide
―opportunities for the Education
Committees of the legislature to
review‖ any proposed
modifications to the state learning
standards before the
modifications are adopted.
There is no specificity as to what
form this ―request‖ or ―opportunity
for review‖ actually takes.
West Virginia
State Board of Education (Appt.
by Governor)
State Board of Education
No
Wisconsin
State Superintendent (Elected)
The old set of standards were
developed by an ad hoc
committee and issued as an
executive order by the Governor.
For common core, the State
Superintendent (an elected,
independent constitutional officer
who leads DPI and is charged by
the constitution with supervision
of public instruction in this state)
issued a proclamation adopting
State law does prescribe some
standards for school districts and
weighs in on certain curricular
subjects, but it does not address
model academic standards.
related legislative committees can
object to a proposed rule, and
with concurrence of the Governor,
suspend the effective date until
the end of the next legislative
session.
(Yes) - The statute provides that
the legislature must be provided
time to review and respond prior
to the adoption of any changes in
state learning standards. To
underscore the point, last session
SB 6696 (our Race to the Top
bill) granted our State
Superintendent authority to
―provisionally adopt‖ the common
core standards, but the legislature
retained final authority. However,
if the legislature does not act on
the CCS during the 2011 session
(starts second Monday in January
and runs for 105 days) then OPSI
can fully adopt common core.
Legislative Oversight Commission
on Education Accountability can
review rules of the State Board
but cannot amend or void them.
They can make recommendations
to the State Board. The
legislature is free to pass
legislation that is contrary to a
rule to override it.
(No)
the new standards.
Wyoming
Washington,
D.C.
State Board of Education (Appt.
by Governor)
The Standards Review
Committees will review and
recommend revisions to the
common core standards through
Dec. 2011. The BOE will have to
vote after the review process to
adopt the final standards.
Board of Education
State Board of Education
Useful Resources
State Board Governance Chart 2010 (double-click image):
NASBE Adoption Map: http://nasbe.org/index.php/ccssi/state-adoption-status/972-states/1009-common-core-adoption-status
CoreStandards.org Adoption Map: http://www.corestandards.org/in-the-states
Education Commission of the States (ECS) 2011 Summary: State Boards of Education
Appointed by Governor (33 states)
Alaska, Arkansas, Arizona, California, Connecticut, Delaware, Florida, Hawaii, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts,
Missouri, Montana, New Hampshire, New Jersey, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee,
Vermont, Virginia, West Virginia and Wyoming
Elected (8 states)
Alabama, Colorado, Kansas, Michigan, Nebraska, Nevada, Texas and Utah
Appointed and Elected (2 states and D.C.)
Louisiana and Ohio; District of Columbia (advisory only)
Appointed by Legislature (2 states)
New York and South Carolina
Appointed by Multiple Authorities (2 states)
Mississippi and Washington
No State Board or Advisory Only (3 states and D.C.)
Minnesota and Wisconsin (no board); New Mexico and District of Columbia (advisory only)
Notes
i
In a memo to Sec. Arne Duncan, the Alabama State Superintendent of Education suggested that some states may be reluctant to pass Common Core because
they were included in the RTTT application implying some sort of federal takeover of education.
ii
In Alaska (32 states total), the Gov. appoints the members of the school board with legislative confirmation. The result appears to be that the Governor has great
influence in the Board‘s decision-making. In 2009, then-Gov. Sarah Palin decided Alaska would not participate in Common Core.