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Redesigning High Schools: State Legislation and High School Reform

July 2005
By Christine Walton

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Introduction

High schools have not changed significantly in the last century.  They originally were created to give students enough knowledge to meet graduation requirements and immediately enter an industrial workforce; only the elite continued with a postsecondary education.  The importance for high schools to meet the needs of a changing and different generation, different society and different workplace has given strength to a significant movement focused on rethinking, reforming and redesigning high schools in the United States.

This report examines state legislative policy reform on high school issues during the last several years.  The growing movement to reform high schools has primarily been focused at the individual school and district levels.  Although great potential exists for redesigned high schools to better meet the needs of students, state legislators have been hesitant to consider major comprehensive change.  Yet, it is at the state policy level that those pockets of excellence in many schools and districts can be scaled up to ensure that all high schools have the opportunity to serve a new generation of students.

Why Focus on High School Reform?

Perhaps the most significant force behind the interest in improving high school performance is the growing influence of high school and college success on future economic success.  Research shows that high school preparation has been found to be the greatest predicator of bachelor’s degree attainment, even more than a family’s income or race.1  Although more than 70 percent of high school graduates enter two- and four-year colleges, 28 percent need remedial help, and fewer than half receive a degree.2  This number increases dra­matically for low-income and minority students. 

In addition, the national high school dropout rate has received significant attention during the past few years.  The Urban Institute reports that, “The national graduation rate is 68 percent, with nearly one-third of all public high school students failing to graduate.”3  For African-American and Hispanic youth, the number is closer to 55 percent.  As a result of these findings, legislators have increased efforts to improve the dropout rates in their states by introducing a range of legislation aimed at reducing the dropout rate.  Much of this legislation includes policies that provide increased support for failing students, and policies that improve the rigor and relevance of curriculum to make high school more challenging and meaningful for a greater number of students.

Several powerful charitable organizations have made high school reform a priority, investing significant money in state and local efforts.  The Bill and Melinda Gates Foundation, Knowl­edgeWorks Foundation of Ohio, and the Carnegie Foundation of New York have awarded grants to help states build new small schools or transform comprehensive schools into small schools within schools.  Much of the activity is focused on redesigning high schools into smaller learn­ing communities of no more than 400 students in order to give all students the necessary skills and knowledge for college, work and citizenship.  During the past 20 years, researchers have found that smaller schools can reduce the achievement gap between white and minority students, can help prevent students from dropping out, can provide richer academic experiences,  and are safer environments for youth.

These schools do not simply change the architecture, but embed “rigor, relevance, and relationships” into the framework of the schools.  Coined by the Gates Foundation, this refers to “ … rigorous academic coursework, meaningful relationships with instruc­tors who can help students meet high standards, and relevant learning opportunities through internships and community partnerships.”4  These schools generally have a specific academic focus—such as engineering, technology, the arts or math—to better connect students to careers after high school and, in many cases, to address shortages in skilled workers in certain professions.

What Policies Are States Using to Address the Issue of High School Redesign?

States are beginning to examine how high schools can be improved.  In recent years, states have considered policy options such as compulsory attendance rates; differentiated diplomas; dual enrollment; remedial education; college prepatory curriculums; and P-16/20 plans that can give the senior year more meaning, tackle the high school dropout rate, and connect students to postsecondary education. 

Since 2002, state policies have focused extensively on creating connections with postsecondary institutions through dual or concurrent enrollment associated with academic, vocational or certificate programs.  States also are tapping the higher education community to help school districts create engaging programs for at-risk youth and students who are not challenged in their coursework so they can better envision the outcome of their academic efforts and their future careers.

This report outlines legislation enacting during the 2002 to 2005 state legislative sessions that targets high schools.  In general, the legislation falls into the following categories.

• Legislation aimed at increasing the relevance of the high school curriculum.  This in­cludes enacting policies that provide opportunities for dual or concurrent enrollment, and policies providing opportunities for high school students to earn certificates or associate's degrees in fields such as welding, plumbing and computer technology.

• Legislation aimed at improving the transition between high school and college.  This includes enacting policies that inform high school students about college admissions and financial aid, policies that improve the curricular alignment between high school and college, and policies that make the senior year of high school more productive.

• Legislation aimed at understanding the causes and consequences of student dropouts and efforts to keep at-risk students in school.

Improving the Connections between High School and College

Dual/Concurrent Enrollment

Anthony Carnavale of the National Center on Education and the Economy predicts that, if we educate all students for college and the workforce, “ … the resulting earnings im­provements would certainly narrow income differences and could add as much as $230 billion in national wealth and $80 billion in new tax revenues each year.”5  One major strategy most states have used during the past three years to increase college preparation is dual or concurrent enrollment programs, which give high school students the option to take courses at postsecondary institutions; in most states, students receive both high school and college credit for their work.  This accomplishes two goals—it helps make the senior year more meaningful and productive, and it helps high school seniors prepare for college-level work. 

All 50 states offer some type of comprehensive or limited dual enrollment program, although the programs differ in their mission, size and population served.  In comprehensive programs, students pay little or no tuition and fees, receive both high school and college credit, and are able to enroll in a wide selection of courses.  In many limited dual/concurrent programs, students are required to pay tuition for college classes, have more academic credit restrictions and limited course offerings.  Programs may be offered in a student’s high school or at a local community college or university. 

Students receive college credit for courses taken in high school and have a better understanding of the demands of higher education.  Such programs improve opportunities for high school students, without significant additional costs to high schools or school districts, and may help students save money on the cost of college.  In addition, students who start dual enrollment programs are less likely to drop out of high school, even if they are considered to be at risk, and are more likely to continue their college education at a postsecondary institution and graduate with a degree.

Dual enrollment programs tend to give advantage to the most talented and motivated students and may do little to close the achievement gap.  In addition, in the states where students and parents must pay for the postsecondary classes, this option may not be available to low-income students.

During the past four years, 14 states passed legislation to create or expand their dual enroll­ment programs and partnerships with postsecondary institutions.  Six states addressed the costs of dual enrollment programs.  In Mississippi and Missouri, loans would be provided to students to cover the costs.  In Oklahoma, high school students are entitled to receive a tuition waiver of up to 6 credit hours per semester.  In Tennessee, lottery proceeds are used to establish dual enrollment grants that cover the costs of college credits for eligible high school students.  In Texas, higher education institutions are now permitted to waive tuition and fees for students who are enrolled in courses for which they will receive both high school and college credit.  Wisconsin legislated that school districts must pay for tuition, fees, books and other necessary supplies; however, if a student fails or does not complete the course, the student must reimburse the school district.

Washington now requires all public schools to offer courses for students who enter a bacca­laureate program after high school and for those students who are interested in career or work opportunities following graduation.  These courses may be offered at the high school or in cooperation with a community or technical college, a skills center, an apprenticeship committee or another school district.  Oregon recently passed similar legislation requiring school districts to offer dual enrollment courses with tuition paid by the school district.  This legislation was awaiting the governor’s signature when this report went to print.  Table 1 lists enacted state legislation that deals with dual or concurrent enrollment.

Table 1. Dual or Concurrent Enrollment

State	Bill Citation/ Statutory Citation	Year Passed	Summary
California	AB 591; 2003 Cal. Stats., Chap. #653	2003	Creates an advisory group to identify career technical education courses that meet both the requirements for high school graduation and admissions to the University of California and California State University.
Indiana	SB 230; 2003 Ind. Acts, P.L. #206	2003	Allows a school corporation to enter into an agreement with other school corporations and accredited non-public schools to provide dual enrollment summer programs.  The program, conducted by the state educational institu­tions, would aim to increase summer school attendance.
Missouri	SB 371; 2003 Mo. Rev. Stat. §173.355  (2003)	2003	Helps high school juniors and seniors pay for advanced placement courses and college credit classes.  The Missouri Higher Education Loan Authority (MOHELA) provides loans to qualified students to cover tuition costs and expenses.
Mississippi	SB 2761; Miss. Code Ann. §37-101-15 (2003)	2003	Provides loans to high school juniors and seniors enrolled in advanced placement or college courses.
North Carolina	HB 601; N.C. Gen. Stat. §115C-12. (2003)	2003	Creates partnerships to encourage dual or concurrent enrollment programs with the state Board of Education, the University of North Carolina, community colleges and private colleges.
Oklahoma	SB 982 (signed into law 5/2005)	2005	Provides tuition waivers to eligible high school seniors equivalent to the amount of resident tuition for a maxi­mum of six credit hours per semester.
Oregon	SB 300 (awaiting governor's signature)	2005	If signed by governor, will require all public schools to of­fer dual enrollment courses with tuition paid by the school districts.
South Dakota	HB 1077; 2003 S.D. Sess. Laws, Chap. #100	2003	Allows any student in grades 10-12 to apply to a postsec­ondary institution for either vocational education or classes at a college or university, upon approval from the school district.  Credit will be given for both high school and postsecondary instruction.  The school district may pay all or part of the tuition and fees, and the student covers the remaining costs.
Tennessee	SB 1315 (signed into law 6/2005)	2005	Establishes dual enrollment grants, funded by net lottery proceeds, to pay costs of postsecondary attendance for eligible students.
Texas	SB 258; 2003 Tex. Gen. Laws, Chap. #54	2003	Allows the governing board of higher education institu­tions to waive tuition and fees for students enrolled in courses in which they will receive both high school and postsecondary credit.
	SB 1146 (signed into law 6/2005	2005	Expands the early college education program to allow participants in grades nine and 10 to participate in early college education programs and to provide at-risk and other students with accelerated high school graduation and college credit.
Virginia	SB 553; 2004 Va. Acts, Chap. #256	2004	Authorizes school boards to create joint or regional schools that offer specialized curriculum leading to a high school diploma and postsecondary credit toward an industry cer­tification, career certificate or degree.  The school boards may contract with postsecondary institutions or create alternative school days or years to deliver the instruction.
Washington	SB 5505; Wash. Rev. Code §8A.230.010 (2003)	2003	Requires all public schools to offer courses for students entering a baccalaureate program after high school or for those students interested in career or work opportuni­ties.  These courses may be offered at the high school or in cooperation with a community or technical college, a skills center, an apprenticeship committee, or another school district.
State	Bill Citation/ Statutory Citation	Year Passed	Summary
West Virginia	HB 4362; 2002 W. Va. Acts. Chap #18	2002	Requires that the higher education policy commission study the best method for a dual enrollment program.  The program shall be free to high school students and include academic, vocational and certificate courses.
Wisconsin	AB183; 2003 Wis. Laws, Act #131	2003	Allows any eligible student in 11th or 12th grade to take courses at an institution of higher education or a technical college to receive both high school and college credit. The school district must pay for tuition, fees, books and other necessary supplies. If the student receives a failing grade or does not complete the course, the student is required to reimburse the school district.

Sources: Lexis/Nexus, 2004, and Education Commission of the States, 2005.

Connecting K-12 and College

In recent years, many states have begun to consider education as a pipeline that runs from preschool into college—and even into graduate school— to address the need for improved student achievement and a more connected school system.  The motivation for integrating these systems is to create a seamless transition through the school system and to align policies in such areas as standards, high school graduation requirements, and college entrance exams. In 2003, Arkansas and New Mexico passed legislation to create better transitions through the pipeline and to align high school exit exams with college entrance requirements.  In 2005, Ohio and Louisiana established commissions to make recommendations for improving the K-12 and college connection.  In addition, several states have implemented legislation requiring individual graduation plans or career and college plans for every high school student (see table 2).

Table 2.  Polices Connecting K-12 to Higher Education

Sources:  Lexis/Nexus, 2004, and Education Commission of the States, 2005.

Improving the High School Dropout Rate

According to the State Higher Education Executive Officers (SHEEO), in 1960, more than 27 percent of young adults between the ages of 16 and 24 were high school dropouts, with about 45 percent of graduates proceeding to some type of postsecondary education.6  The Chronicle of Higher Education’s Almanac for 2004-2005 reported that the national average for high school dropouts in 2001 was 9 percent, with 70 percent of graduates going on to postsecondary educa­tion.7  Because the dropout rate for high-risk students remains high, this further perpetuates the achievement gap and the future economic successes of these students.  Research suggests that students drop out for a variety of reasons—poor academic performance, lack of challenging coursework, and lack of personal attention and support by teachers.

In 2002-2005, five states passed legislation to create plans or specific programs to encourage students to stay in school and continue some form of education after graduation—either a two-year college, four-year university or vocational program. 

Three states enacted programs to collaborate with higher education institutions to encourage students to graduate from high school and continue with some form of postsecondary educa­tion.  In Arkansas, the University of Arkansas will help to create programs and strategies to help economically disadvantaged school districts in such areas as after-school activities, youth development, curriculum and teacher recruitment.  In North Carolina, the Innovative Educa­tion Initiatives Act was enacted to increase high school and college graduation rates by bringing together the higher education community and local boards of education to create programs to decrease the dropout rate.  In Texas, a "middle college" pilot program was established to provide support for students who are at risk of dropping out of high school.  Table 3 lists 2002-2005 state laws that aim to improve high school dropout rates.

Table 3.  Policies to Improve the High School Drop Out Rate

State	Bill Citation/Statutory Citation	Year Passed	Summary
Arkansas	HB 1048; Ark. Stat. Ann. §6-15-1901 (2003)	2003	Requires the University of Arkansas to work with specific school districts to create a plan that would include after-school programs, youth development, assessment and assessment evaluation programs, and teacher recruitment strategies to reduce the disparities in the academic performance of youth in economically disadvantaged regions of the state.
	HB 1056; Ark. Stat. Ann. §6-15-2502 (2003)	2003	Creates management strategies and guidelines to improve student achieve­ment and public school performance in the most academically troubled areas of the state.  Public schools, higher education partners— including community and technical colleges and education associations—will col­laborate to help small, rural and poor schools.  Distance learning also will be used to enhance curriculum for students, provide professional develop­ment opportunities for teachers and save the state money.
Colorado	SB 164 (signed into law 4/2005)	2005	Requires districes to provide written notification to parents of a high school dropout with the goal of returning the student to school and of conveying the  long-term ramifications of dropping out of high school.
North Carolina	SB 656; N.C. Gen. Stat. §116C-4 (2003)	2003	Creates the Innovative Education Initiatives Act with the intent of increas­ing high school and college graduation rates and decreasing the amount of remediation in higher education.  Boards of trustees of community colleges and local boards of education will work together to establish innovative programs in high schools and community colleges to help students who are at risk of dropping out or who would benefit from more rigorous coursework.
Texas	SB 976; Tex. Educa­tion Code Ann. §11.255 (Vernon 2003)	2003	Establishes a Middle College Education Pilot Program for students who are at-risk of dropping out of high school.  After studying the dropout rate in the state, the Texas Education Agency found that, in 1999-2000, 23,457 students had left high school before receiving diplomas.  Students most likely to drop out had poor attendance, were older than their peers, had fallen behind in credits or needed to work while in school.  In response, the Middle College Education Program will provide flexible scheduling and mentor programs to at-risk youth.  Schools will be required to review studies on dropout prevention as part of their school improvement plans.
State	Bill Citation/Statutory Citation	Year Passed	Summary
Virginia	HB 1013; Va. Code §22.1-199.4 (2004)	2004	Creates the At-Risk Student Academic Achievement Program and Fund.  Public school divisions will receive grants to implement programs that are intended to improve achievement of at-risk students, decrease the high school dropout rate, and increase the number of students who receive advanced studies diplomas.

Sources: Lexis/Nexus, 2004, and Education Commission of the States, 2005.

Conclusion

During the past four years, state policy focused on high schools has centered on the need to create programs to help students find success in high school, graduate and continue with some form of postsecondary education.  These policies emphasize not only the importance of four-year degrees, but also the value of vocational and certificate programs.  State legislators are focusing on those students who are from economically distressed communities and are at-risk of not finishing high school for a variety of reasons, and on those students who currently may not be challenged in their coursework. 

In many states, the higher education community is helping school districts create individual­ized programs to keep students engaged, find meaning in their high school coursework, and ultimately find connections to their future.  To create these connections, many states have cre­ated or expanded dual or concurrent enrollment programs and aligned the transition from high school to college.  In addition, pilot programs—such as the Middle College Education Program in Texas—provide innovative models to help at-risk youth and create a new way of teaching high school youth.  To reach this new generation of students who think and learn differently, the school uses a teaching method based on students’ individual and diverse needs.

In addition to considering legislation aimed at reducing dropouts and improving the transition from high school to college, state policymakers might consider:

• Setting statewide goals for high schools and improving accountability systems to measure progress;

• Policies aimed at strengthening high school course work and standards;

• Reorganizing large and low-performing high schools;

• Expanding high school options for students; and

• Strengthening teacher and leadership recruitment and retention.

Notes

 1.  The America Diploma Project, Ready or Not: Creating a High School Diploma That Counts (Washington, D.C.: The American Diploma Project, 2004).

 2.  Ibid.

 3.  Christopher B. Swanson, Who Graduates, Who Doesn’t? A Statistical Portrait of Public High School Graduation, Class of 2001 (Washington, D.C.: The Urban Institute, 2004).

 4.  The Gates Foundation, High Schools for the New Millennium: Imagine the Possibilities (Seattle, Washington: The Gates Foundation, 2004).

 5.  Anthony P. Carnevale and Richard A. Fry, The Economic and Demographic Roots of Education and Training (Washington, D.C.: Center for Workforce Success of The Manufacturing Institute, 2001).

 6.  State Higher Education Executive Officers (SHEEO), Student Success: Statewide P-16 Systems (Denver: State Higher Education Executive Officers, 2003).

 7.  The Chronicle of Higher Education, Almanac 2004-2005 (Washington, D.C.: The Chronicle of Higher Education, 2004).

Smaller schools can:

• reduce the achievement gap between white and minor­ity students;

• help prevent students from dropping out;

• provide richer academic experiences; and

• provide safer environments for youth.

Dual or concurrent enroll­ment programs give high school students the option to take courses at postsec­ondary institutions; in most states, students receive both high school and col­lege credit.

Table 1. Dual or Concurrent Enrollment (continued)

State

Bill Citation/ Statutory Citation

Year Passed

Summary

Table 1. Dual or Concurrent Enrollment (continued)

Table 2.  Polices Connecting K-12 to Higher Education  (continued)

Table 3.  Policies to Improve the High School Drop Out Rate (continued)

Acknowledgments

This publication is a product of the High School Redesign Project, a partnership between the National Conference of State Legislatures and the Bill and Melinda Gates Foundation.  The project is designed to provide information, examples, and analysis to state legislators  about the need for high school reform and the role of legislators in creating and implement­ing effective strategies.  This is one of six briefs in a “toolkit” for state legislators.  Other briefs examine research findings on effective high school reform; innovative school designs and models; innovative state strategies; high school reform and No Child Left Behind; and the costs of new school designs.

NCSL is grateful to the Bill and Melinda Gates Foundation for their support of this effort and for their leadership on this issue nationally and in the states.

Christine Walton, author of this brief, served as a policy specialist in the NCSL Education Program from 2003-2005 and was the primary staff on the NCSL High School Redesign project.

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