COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3503H.01I Bill No.:HB 1998 Subject:Teachers; Professional Registration and Licensing Type:Original Date:February 17, 2022Bill Summary:This proposal allows school districts to issue school district teaching permits for persons without a certificate of license to teach granted by the state board of education. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025 General Revenue ($237,903)($59,366)($59,957) Total Estimated Net Effect on General Revenue($237,903)($59,366)($59,957) ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Criminal Record System Fund (0671) ($165,000)$0$0 Total Estimated Net Effect on Other State Funds ($165,000) $0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 3503H.01I Bill No. HB 1998 Page 2 of February 17, 2022 JLH:LR:OD 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 Revenue - DESE 1 FTE1 FTE1 FTE Total Estimated Net Effect on FTE1 FTE1 FTE1 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 2025 Local Government $0 or (Unknown) to Unknown $0 or (Unknown) to Unknown $0 or (Unknown) to Unknown L.R. No. 3503H.01I Bill No. HB 1998 Page 3 of February 17, 2022 JLH:LR:OD FISCAL ANALYSIS ASSUMPTION Section 168.029 - Teacher Permits Officials from the Department of Elementary and Secondary Education (DESE) state they would now be required to issue a teaching certificate based on a permit issued by the school district. This will require the creation of two new software applications. ITSD estimates a minimum of $30,000 - $35,000 per application for a total estimate of $70,000. Oversight will show the costs as estimated by DESE. Officials from the Joint Committee on Public Employee Retirement (JCPER) assumed this proposal has no fiscal impact to the JCPER. The JCPER states that this proposal may constitute a “substantial proposed change” in future plan benefits as defined in section 105.660(10). It is impossible to accurately determine the fiscal impact of this legislation without an actuarial cost statement prepared in accordance with section 105.665. Pursuant to section 105.670, an actuarial cost statement must be filed with the Chief Clerk of the House of Representatives, the Secretary of the Senate, and the Joint Committee on Public Employee Retirement as public information for at least five legislative days prior to final passage. Officials from the Kansas City Public Schools Retirement System state the impact is minimal and positive for the retirement system as it will increase membership rolls and contributions to the pension fund. In response to a similar proposal, HCS for HB 2304 (2022), officials from Public Schools and Education Employee Retirement Systems (PSRS/PEERS) assumed this bill provides a four- year certificate for individuals that want to substitute teach. Applicants for certification must complete a background check and also have at least 36 college hours or have completed a 20- hour online training, individuals must also have a high school diploma or equivalence. An alternative route to certification is provided for qualified individuals with technical or business expertise or Armed Forces experience and a superintendent sponsorship. The provision of the bill that has an impact on Public School Retirement System (PSRS) or Public Education Employee Retirement System (PEERS) deals with the ability of our PSRS retirees to return to work in a substitute teaching position with a covered employer. Until December 31, 2025, this bill allows retired teachers that have a substitute certification to substitute part-time and not have those hours and salary affect their retirement allowance. The Systems have an actuary firm, PricewaterhouseCoopers (PWC), that prepares actuarial statements on any proposed legislation as well as the annual actuarial valuation reports for the Systems. This legislation has been submitted to PWC for an actuarial statement. As soon as the actuarial statement is available, PSRS/PEERS will be amending its fiscal response to include PWC’s analysis. L.R. No. 3503H.01I Bill No. HB 1998 Page 4 of February 17, 2022 JLH:LR:OD PSRS/PEERS provides retirement benefits to more than 129,800 active members and over 103,000 retired Missouri public school teachers, school employees, and their families. The total invested assets of both PSRS and PEERS were $59.4 billion as of December 31, 2021, making the combined entity larger than all other public retirement plans in the state combined, and the 46th largest institutional investor in the United States. Oversight will show an unknown (positive or negative) impact on employer contributions for school districts and community colleges. Oversight has presented this fiscal note on the best current information available. Once an actuarial statement is provided, Oversight will review to determine if an updated fiscal note should be prepared and seek the necessary approval to publish a new fiscal note. Section 168.036 - Substitute Teachers Officials from DESE state section 168.036.4 allows the State Board of Education to grant a certificate to any highly qualified individual with certain expertise or experience in the Armed Forces, explained further in the bill, that may not meet any other qualifications if the school board of the seeking school district votes to approve that individual to substitute teach at that district. Doing so would require a new application and process for districts to recommend these individuals at which the department estimates a cost of $30,000. Currently, substitute certificates expire at the end of four years and may be renewed. The new language in this subsection, Section 168.036.7, would allow substitute certificates to expire at any point in time and will have a substantial fiscal impact to the department. The substitute certification process will need to be redesigned to comply with this language as well as a new reporting database will need to be created for districts to notify the department on substitute statuses. DESE estimates this will cost around $60,000. The department also estimates one (1) additional FTE Administrative Assistant will be needed as well. Oversight will show the costs as estimated by DESE. Section 168.33 - Substitute Teacher Background Check Officials from the Department of Public Safety - Missouri Highway Patrol (MSHP) state, on average, the Patrol processes approximately 11,000 criminal record checks specific to substitute teacher certification and employment, of which approximately 145 per year resulted in checks for the same individual for different school districts and completed in the same week. Based on the 145 average there could be a small reduction in revenue by changing the second and third background checks to $5 and the third and fourth to an additional $5. This proposal would require technical system changes to the Missouri Automated Criminal History System to be completed by the MSHP’s Criminal History vendor. The estimated to cost of $165,000.00 is based on previous projects with a similar scope of work. L.R. No. 3503H.01I Bill No. HB 1998 Page 5 of February 17, 2022 JLH:LR:OD Oversight will show the cost for system modifications to the Missouri Automated Criminal History System. Oversight assumes the decrease in fees for multiple school designation is minimal ($1,450 to $2,465). Therefore, Oversight will not show an impact for this provision in the fiscal note. Oversight did not receive any responses from school districts 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 the necessary approval to publish a new fiscal note. Oversight only reflects the responses received from state agencies and political subdivisions; however, school districts were requested to respond to this proposed legislation but did not. A listing of political subdivisions included in the Missouri Legislative Information System (MOLIS) database is available upon request. Rule Promulgation Officials from the Joint Committee on Administrative Rules assume this proposal is not anticipated to cause a fiscal impact beyond its current appropriation. 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. 3503H.01I Bill No. HB 1998 Page 6 of February 17, 2022 JLH:LR:OD FISCAL IMPACT – State GovernmentFY 2023 (10 Mo.) FY 2024FY 2025GENERAL REVENUECosts - DESE - ITSD costs for two new applications for permits issued by school districts - §168.029 - p. 3 ($70,000)$0$0 Costs - DESE - new application and process for individuals with experience in the Armed Forces - §168.036.4 p. 4 ($40,000)$0$0 Costs - DESE - new certification process and reporting database - §168.036.7 - p. 4 ($60,000)$0$0 Costs - DESE - §168.036.7 p.4 Personnel Service($27,960)($28,240)($28,522) Fringe Benefits($22,737)($22,838)($22,941) Expense & Equipment($17,206)($8,288)($8,494)Total Costs - ($67,903)($59,366)($59,957)FTE Change1 FTE1 FTE1 FTEESTIMATED NET EFFECT ON GENERAL REVENUE($237,903)($59,366)($59,957) Estimated Net FTE Change on General Revenue p.41 FTE1 FTE1 FTE L.R. No. 3503H.01I Bill No. HB 1998 Page 7 of February 17, 2022 JLH:LR:OD FISCAL IMPACT – State GovernmentFY 2023 (10 Mo.) FY 2024FY 2025CRIMINAL RECORD SYSTEM FUND (0671) Costs - DPS-MHP - Missouri Automated Criminal History System modifications - §168.036 p.4($165,000)$0$0 ESTIMATED NET EFFECT ON CRIMINAL RECORD SYSTEM FUND ($165,000)$0$0 FISCAL IMPACT – Local GovernmentFY 2023 (10 Mo.) FY 2024FY 2025LOCAL EDUCATIONAL AGENCIES Costs/Savings - from an unknown impact on employer contribution rates - §168.029.7 p. 3-4 $0 or (Unknown) to Unknown $0 or (Unknown) to Unknown $0 or (Unknown) to Unknown ESTIMATED NET EFFECT ON LOCAL EDUCATIONAL AGENCIES $0 or (Unknown) to Unknown $0 or (Unknown) to Unknown $0 or (Unknown) to 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 will allow school districts to issue a district teaching permit to any individual who does not currently hold a SBE issued teaching certificate. The district teaching permit allows the holder to teach only in the issuing school district unless another school district also issues permits and recognizes permits issued in this manner as part of their policy. This bill provides a new four year certification method for individuals who want to substitute teach. Applicants for certification must also have completed a background check, have at least 36 college hours or have completed a 20 hour online training and have a high school diploma or equivalency. Alternatively, the State Board may grant a certificate to an applicant who completes L.R. No. 3503H.01I Bill No. HB 1998 Page 8 of February 17, 2022 JLH:LR:OD a background check and has expertise in a technical or business field or experience in the Armed Forces if the superintendent of the school district sponsors the individual and the school board votes to approve such individual to substitute teach. Individuals must also complete a two hour orientation containing instruction on classroom management and developed by the district that sponsors them. Certificates will expire if the individual fails to substitute teach for at least five days or 40 hours in a calendar year. The bill provides substitute teachers that apply for a fingerprint background check the opportunity to submit the results to up to five different school districts for a specified fee. 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 Department of Public Safety - Missouri Highway Patrol Joint Committee on Public Employee Retirement Office of the Secretary of State Joint Committee on Administrative Rules Kansas City Public Schools Retirement System Public Schools and Education Employee Retirement Systems Julie MorffRoss StropeDirectorAssistant DirectorFebruary 17, 2022February 17, 2022