COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3503H.04C Bill No.:HCS for HB 1998 Subject:Teachers; Professional Registration and Licensing Type:Original Date:March 7, 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 ($393,903)($69,366)($69,957) Total Estimated Net Effect on General Revenue($393,903)($69,366)($69,957) ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Criminal Record System Fund (0671) Up to ($165,000)$0 or Unknown$0 or Unknown Total Estimated Net Effect on Other State Funds Up to ($165,000)$0 or Unknown$0 or Unknown Numbers within parentheses: () indicate costs or losses. L.R. No. 3503H.04C Bill No. HCS for HB 1998 Page 2 of March 7, 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 FISCAL ANALYSIS ASSUMPTION Section 160.067 - ARPA Report Officials from the Department of Elementary and Secondary Education (DESE) state the proposed language states “Any school district with more than six thousand students that receives moneys under the federal American Rescue Plan Act of 2021 shall submit a report to the state board of education before July first following each year such moneys are received.” It also states that any report submitted under this section will be made publicly available on the department’s website. L.R. No. 3503H.04C Bill No. HCS for HB 1998 Page 3 of March 7, 2022 JLH:LR:OD DESE estimates an approximate minimum cost of $40,000 to develop and maintain a new MOSIS data collection. Section 168.029 - Teacher Permits Officials from the 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 applications. Based on historical data, ITSD estimates around 400 hours per application process to develop, using $95/hour as the standard staff fiscal note rate, this equates to $38,000 each at a total of $76,000 for both applications. 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 assume the proposal will have no fiscal impact on their organization. Officials from Public Schools and Education Employee Retirement Systems (PSRS/PEERS) assume this proposal could impact the Public School Retirement System (PSRS) or the Public Education Employee Retirement System (PEERS) in two different sections. The first being sections 168.021 and 168.029 related to the issuance of teaching permits and the second is section 168.036 related to working after retirement limits. Issuance of Teaching Permits HCS HB 1998 allows school districts to issue school district teaching permits for persons that will then be issued a certificate of license to teach granted by the state board of education. PSRS membership is automatic, regardless of position, for certificated employees of the covered employers in a position that normally requires the employee to: 1. Work at least 17 hours per week on a regular basis 2. Work at least 600 hours during the school term The term “certificated” refers to full-time and part-time employees holding valid Missouri educator certificates issued by the Missouri Department of Elementary and Secondary Education (DESE). The members of PSRS normally do not participate into Social Security, whereas members of PEERS do pay into Social Security. L.R. No. 3503H.04C Bill No. HCS for HB 1998 Page 4 of March 7, 2022 JLH:LR:OD HCS HB 1998 adds section 168.021 which governs the certification of licensure to teach in the public schools of Missouri. The school district teaching permit as established under 168.029 must be approved and certificated by the State Board of Education (SBE). These “permitted, certificated” teachers will be members of PSRS. Section 168.029 allows school districts to issue a teaching permit to individuals who meet certain eligibility requirements as established by the school districts. These “permitted” individuals shall be issued a teaching certificate by the state board of education as provided in section 168.021. School districts shall develop a policy listing qualification for this type of “permitted, certificated teacher” as specified in the bill and submit the policy to DESE. The number of teachers issued a teaching permit that is certificated must not exceed 15% of the total number of teachers employed in the district. If an individual is issued a teaching permit and teaches for four years, the State Board of Education may issue a teaching certificate as specified in the bill. Working After Retirement HCS HB1998 modifies section 168.036 as it relates to substitute teaching and PSRS and PEERS retirees returning to work with covered school districts. This bill allows individuals who are receiving a retirement benefit from PSRS or PEERS to substitute teach on a part-time or temporary substitute basis in a school district without a discontinuance of the person's retirement benefit. The provisions in this bill only apply to part- time or temporary substitute teaching. As specified in this bill if an individual chooses to work for a covered employer after retirement under this provision they will not contribute to additional retirement benefits. The Systems have an actuary firm, PricewaterhouseCoopers (PWC), that prepares actuarial cost statements on any proposed legislation as well as the annual actuarial valuation reports for the Systems. This legislation has been submitted to them for an actuarial statement. As soon as the actuarial statement is available, we will be amending our fiscal response to include their analysis. 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 168.036.5 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 L.R. No. 3503H.04C Bill No. HCS for HB 1998 Page 5 of March 7, 2022 JLH:LR:OD district. Doing so would require a new application and process for districts to recommend these individuals at which the department estimates a cost of $40,000. Currently, substitute certificates expire at the end of four years and may be renewed. The new language in this subsection 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 $70,000. The department also estimates an additional FTE for an Administrative Assistant to monitor all individuals holding a sub certification and the days they work each year. Oversight will show the costs as estimated by DESE. Officials from the Department of Public Safety - Missouri Highway Patrol (MSHP) state, o 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 current state fee of $20 and calculating 145 checks per year, an increase of an additional $30 per check could be realized for the Criminal Records System Fund. 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. Oversight will show the cost for system modifications to the Missouri Automated Criminal History System and an unknown amount of revenue from the increased fees. Section 168.037 - Substitute Data Officials from DESE state this section requires DESE to create and maintain a web-based survey for collecting anonymous information from substitute teachers in Missouri public schools. DESE estimates an initial costs that could exceed $100,000 for the design, programming, and testing of a system that can collect real time information from substitute teachers that will be available anytime for schools and DESE to use to study. DESE also estimates annual maintenance and storage costs of $10,000 annually. Responses regarding the proposed legislation as a whole 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. L.R. No. 3503H.04C Bill No. HCS for HB 1998 Page 6 of March 7, 2022 JLH:LR:OD 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.04C Bill No. HCS for HB 1998 Page 7 of March 7, 2022 JLH:LR:OD FISCAL IMPACT – State GovernmentFY 2023 (10 Mo.) FY 2024FY 2025GENERAL REVENUECosts - DESE - develop and maintain new MOSIS data collection for ARPA report - §160.067 - p.3 ($40,000)$0$0 Costs - DESE - ITSD costs for two new applications for permits issued by school districts - §168.029 - p. 3 ($76,000)$0$0 Costs - DESE - new application and process for individuals with experience in the Armed Forces - §168.036.5 p. 4 ($40,000)$0$0 Costs - DESE - new certification process and reporting database - §168.036.7 - p. 4 ($70,000)$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 FTECosts - DESE - to create and maintain a web based survey - §168.037 p.6($100,000)($10,000)($10,000) ESTIMATED NET EFFECT ON GENERAL REVENUE($393,903)($69,366)($69,957) Estimated Net FTE Change on General Revenue p.41 FTE1 FTE1 FTE L.R. No. 3503H.04C Bill No. HCS for HB 1998 Page 8 of March 7, 2022 JLH:LR:OD FISCAL IMPACT – State GovernmentFY 2023 (10 Mo.) FY 2024FY 2025CRIMINAL RECORD SYSTEM FUND (0671) Income – MHP – potential increase in fees for multiple school designations - §168.036 p.4 $0 or Unknown$0 or Unknown$0 or Unknown 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 Up to ($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 Costs - substitute teacher data collection - §168.037 p.5 $0 or (Unknown) $0 or (Unknown) $0 or (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 Section 160.067 L.R. No. 3503H.04C Bill No. HCS for HB 1998 Page 9 of March 7, 2022 JLH:LR:OD This provision requires school districts with more than six thousand students that receives money under the federal American Rescue Act of 2021 shall submit a report to the state board of education. Section 168.021 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. Section 168.029 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 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. Section 168.036 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. 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 effect their retirement allowance. Substitute certificates will expire if the individual fails to substitute teach for at least five days or 40 hours in a calendar year, and no individual under 20 years old may substitute in grades nine- 12. The bill also requires that the Department of Elementary and Secondary Education (DESE) develop and maintain an online substitute training program with 20 hours of training related to subjects appropriate for substitute teaching, and authorizes school districts to develop district specific orientations lasting two hours. L.R. No. 3503H.04C Bill No. HCS for HB 1998 Page 10 of 10 March 7, 2022 JLH:LR:OD The bill provides substitute teachers beginning January 1, 2023 that apply for a fingerprint background check the opportunity to submit the results to up to five different school districts for a specified fee (Section 168.036 RSMo). Section 168.037 The bill adds a web based survey to be developed and maintained by DESE that will collect information from substitutes at the end of each day of teaching. Districts will provide links to substitute teachers to access the survey, which will contain questions regarding the support and interaction with school staff, student health and safety issues, among other relevant questions. The bill requires that school districts and charter schools annually provide DESE with information relating to substitute teaching as outlined. 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 DirectorMarch 7, 2022March 7, 2022