COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4180H.01I Bill No.:HB 1995 Subject:Education, Elementary and Secondary; Elementary and Secondary Education,
Department of
Type:Original Date:January 10, 2022Bill Summary:This proposal provides for protections for parental rights and transparency in
public schools.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025General Revenue($4,186,137)($4,249,595)($4,262,064)Total Estimated Net
Effect on General
Revenue
($4,186,137)($4,249,595)($4,262,064)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Missouri
Empowerment
Scholarship Accounts
Fund
$0 or Unknown$0 or Unknown$0 or Unknown
Total Estimated Net
Effect on Other State
Funds$0 or Unknown$0 or Unknown$0 or Unknown
Numbers within parentheses: () indicate costs or losses. L.R. No. 4180H.01I
Bill No. HB 1995
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025General Revenue17 FTE17 FTE17 FTETotal Estimated Net
Effect on FTE17 FTE17 FTE17 FTE
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Local Government$0 or (Unknown)$0 or (Unknown)$0 or (Unknown) L.R. No. 4180H.01I
Bill No. HB 1995
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FISCAL ANALYSIS
ASSUMPTION
Section 161.852
Officials from Department of Elementary and Secondary Education (DESE) assume this
section requires DESE to create the “Missouri Education Transparency and Accountability
Portal”, an internet-based tool to be a searchable database of every public school district’s
curriculum, source materials, and professional development materials.
DESE assumes that curriculum and source materials would include, but not be limited to,
textbooks, lectures, readings, textbooks, multimedia components, and other resources in a class.
The collection, categorization, organization, and display of this information would require
significant investment in the programming, storage, and maintenance of the portal. DESE will
need to set up an entirely new platform and dedicate full time employee support for the day to
day operations of the portal. An entirely new section, as described below, would be responsible
for a majority of these duties. For the purposes of this fiscal note the Department will use the
Food and Nutrition Services section as a model for the new section as DESE believes it would
similarly constructed.
Department of Elementary and Secondary Education Transparency and Accountability
One (1) Coordinator of Transparency and Accountability - $62,232
One (1) Data Systems Administrator - $62,232
Two (2) Directors of Transparency and Accountability - $102,576
One (2) Transparency and Accountability Analyst - $80,496
One (1) Administrative Assistant - $27,960
Ten (10) Regional Program Specialists - $314,400
Per DESE, OA-ITSD costs could be up to $3,000,000 to develop, program, and maintain a
statewide database that would house the information required to be included in this database.
Due to time constraints of receiving the DESE response late, Oversight was unable to
adequately review and analyze the agency’s response before having to publish a fiscal note for
the hearing. Oversight has presented this fiscal note based on the estimate provided by DESE.
However, Oversight will continue to review to determine if an updated fiscal note should be
prepared and seek the appropriate approval.
Officials from the Attorney General’s Office, Department of Higher Education and
Workforce Development, Department of Health and Senior Services, Department of
Mental Health, Department of Corrections, Office of AdministrationDepartment of Social
ServicesOffice of the State Courts Administrator
each assume the proposal will have no fiscal impact on their respective organizations. L.R. No. 4180H.01I
Bill No. HB 1995
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Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact in the fiscal note for these agencies.
Officials from the City of Kansas City, City of Springfield, the University of Missouri
System and the St. Charles Community College each assume the proposal will have no fiscal
impact on their respective organizations.
Officials from the University of Central Missouri
fiscal impact on their organization; however, no additional information was provided.
Oversight assumes there could be administrative costs related to information and consent
requests, notifications and staff training for school districts as well as legal costs if the Attorney
General’s Office or parents bring legal action against a district.
Oversight did not receive any responses from school districts related to the fiscal impact of this
proposal. Oversight notes this proposal states that school districts are to be fined $1,000 per
violation or $10,000 per violation for knowingly violating this proposal. Eighty percent (80%) of
the proceeds of the violations are to be distributed to the Missouri Empowerment Scholarship
Accounts Fund.
Oversight will show a range of impact to school districts of $0 (no violations) to an unknown
cost if districts are found to violate the provisions of this proposal.
Oversight will show a range of impact to the Missouri Empowerment Scholarship Accounts
Fund of $0 (no penalty proceeds) to an unknown gain.
Oversight received a limited number of responses from local political subdivisions related to the
fiscal impact of this proposal. Oversight has presented this fiscal note on the best current
information available. Upon the receipt of additional responses, Oversight will review to
determine if an updated fiscal note should be prepared and seek approval to publish a new fiscal
note.
Oversight only reflects the responses that were received from state agencies and political
subdivisions; however, other local political subdivisions were requested to respond to this
proposed legislation but did not. A general listing of political subdivisions included in
Oversight’s database is available upon request.
Rule Promulgation
In response to similar proposals, officials from the Joint Committee on Administrative Rules
assumed this proposal is not anticipated to cause a fiscal impact beyond its current appropriation. L.R. No. 4180H.01I
Bill No. HB 1995
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Officials from the Office of the Secretary of State (SOS) note many bills considered by the
General Assembly include provisions allowing or requiring agencies to submit rules and
regulations to implement the act. The SOS is provided with core funding to handle a certain
amount of normal activity resulting from each year's legislative session. The fiscal impact for
this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that
this is a small amount and does not expect that additional funding would be required to meet
these costs. However, the SOS also recognizes that many such bills may be passed by the
General Assembly in a given year and that collectively the costs may be in excess of what the
office can sustain with its core budget. Therefore, the SOS reserves the right to request funding
for the cost of supporting administrative rules requirements should the need arise based on a
review of the finally approved bills signed by the governor. L.R. No. 4180H.01I
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FISCAL IMPACT – State GovernmentFY 2023FY 2024FY 2025GENERAL REVENUEGENERAL REVENUECosts - DESE - §161.852 Personnel Service($541,580)($656,395)($662,959) Fringe Benefits($374,970)($452,326)($454,711) Expense & Equipment($269,587)($140,874)($144,394)Total Costs - ($1,186,137)($1,249,595)($1,262,064)FTE ChangeCosts - DESE/ITSD - transparency and
accountability portal - §161.852($3,000,000)($3,000,000)($3,000,000)
ESTIMATED NET EFFECT ON
GENERAL REVENUE($4,186,137)($4,249,595)($4,262,064)
Estimated Net FTE Change on General
Revenue
17 FTE17 FTE17 FTEFISCAL IMPACT – State Government
Continued
FY 2023FY 2024FY 2025MISSOURI EMPOWERMENT
SCHOLARSHIP ACCOUNTS
FUND
Transfer In - from school districts –
80% of penalty proceeds - §161.853
$0 or
Unknown
$0 or
Unknown
$0 or
Unknown
ESTIMATED NET EFFECT ON
MISSOURI EMPOWERMENT L.R. No. 4180H.01I
Bill No. HB 1995
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SCHOLARSHIP ACCOUNTS
FUND
$0 or
Unknown
$0 or
Unknown
$0 or
Unknown
FISCAL IMPACT – Local GovernmentFY 2023FY 2024FY 2025SCHOOL DISTRICTSCosts - administrative costs for
information and consent requests,
notifications, staff training - §161.851
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
Costs - legal costs and penalties of
$1,000 or $10,000 per violation -
§161.853
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
SCHOOL DISTRICTS
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This bill enumerates rights for parents in areas relating to education, health care, and mental
health, and establishes "The Parents' Bill of Rights for Student Well-Being". Rights listed
include the right to direct ethical, moral, and religious training, the right to enroll his or her child
in a public, parochial, or home school, and the right to exempt his or her child from
immunizations. Additional rights are listed in the bill.
The bill requires school districts to adopt a policy to promote parental involvement with detailed
procedures as outlined in the bill including procedures for objection to instructional materials
and for parental withdrawal from health education courses relating to human sexuality and
sexually transmitted diseases.
The bill requires that the Department of Elementary and Secondary Education (DESE) develop
specific forms that school districts must use for parents to opt out of instructional material, and
for parents to be notified in advance whenever a teacher intends to teach a divisive or
controversial topic.
The bill permits information that is required to be provided to parents to be delivered
electronically and establishes a formal request process with specific time periods for L.R. No. 4180H.01I
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superintendents to comply before an appeal process to the school board with details outlined in
the bill. Parent's may also directly file formal objections with the school board and the bill
establishes an appeal process to DESE for any denied objections and allows any DESE decision
to be taken to the circuit court for a judicial review.
The bill outlines a penalty of $1000 per violation and attorney fees for knowingly violations and
$5000 per purposeful violation (Section 161.851 RSMo).
The bill establishes the "Missouri Education Transparency and Accountability Portal" which
shall consist of an internet-based tool to give access to every school district's curriculum, source
materials, and professional development materials. Details for the database are outlined and the
Commissioner of Education shall establish forms for districts to complete. School districts are
required to submit updates to any required information within five business days and the
commissioner of education shall update the database portal weekly (Section 161.852).
The bill provides that the Attorney General's office has the right to bring legal action for
violations of Sections 161.851 to 161.852, and provides a penalty provision for each violation up
to $10,000 for each knowing or purposeful violation. The bill provides that fines for violations
will be divided with 20% going to the parents who brought the suit and 80% to be given to the
Missouri Empowerment Scholarship Fund. School district employees that disclose violations are
protected from retaliation (Section 161.853).
This bill contains an emergency clause and penalty provisions.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Elementary and Secondary Education
Attorney General’s Office
Department of Higher Education and Workforce Development
Department of Health and Senior Services
Department of Mental Health
Department of Corrections
Office of Administration
Department of Social Services
Office of the State Treasurer
Office of the State Courts Administrator
Office of the Secretary of State L.R. No. 4180H.01I
Bill No. HB 1995
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Joint Committee on Administrative Rules
University of Missouri System
University of Central Missouri
City of Kansas City
City of Springfield
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 10, 2022January 10, 2022