COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4519H.01I Bill No.:HB 2189 Subject:Education, Elementary and Secondary; Department of Elementary and Secondary
Education
Type:Original Date:February 28, 2022Bill Summary:This proposal modifies and creates provisions regarding the use of certain
training, instructional, and curricular materials in public schools and charter
schools.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025
General Revenue
($5,665,886
Up to
$6,392,354)
($608,028 to Could
exceed
($1,249,595)
($614,097 to Could
exceed
($1,262,064)
Total Estimated Net
Effect on General
Revenue
($5,665,886
Up to
$6,392,354)
($608,028 to Could
exceed
($1,249,595)
($614,097 to Could
exceed
($1,262,064)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 4519H.01I
Bill No. HB 2189
Page 2 of
February 28, 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 RevenueUp to 17 FTEUp to 17 FTEUp to 17 FTETotal Estimated Net
Effect on FTEUp to 17 FTEUp to 17 FTEUp to 17 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. 4519H.01I
Bill No. HB 2189
Page 3 of
February 28, 2022
JLH:LR:OD
FISCAL ANALYSIS
ASSUMPTION
Section 160.516 - School Boards to approve curriculum
Oversight assumes there could be costs for school boards to review, approve and adopt
curriculum materials. Additionally, Oversight assumes there could be costs for school districts
to collect and display five years of proficiency data on the district’s website.
Section 161.023 - Professional Development and Instructional Programs
Officials from Department of Elementary and Secondary Education (DESE) state section
161.023 requires them to maintain a database of all administrator, teacher, and staff professional
development and instructional programs offered to schools that are paid for with state funds,
whether offered directly by the department of elementary and secondary education, another state
agency, or by a third-party contractor. All programs must also be open to the public and recorded
and accessible to the public free of charge.
DESE estimates an OA-ITSD cost of $2,000,000 to develop, program, and maintain the
information required by this section. DESE will use the staff identified for Section 161.852 to
support this work.
Oversight assumes there could be costs for DESE to make all administrator, teacher and staff
professional development and instructional programs paid for with state funds available to the
public and to make program offerings open for public attendance.
Oversight will show the costs to develop and program the information required in the section as
a one-time cost and will show the annual maintenance costs as unknown.
Section 161.852 - Transparency and Accountability Portal
Officials from Department of Elementary and Secondary Education (DESE) state 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 stand 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 L.R. No. 4519H.01I
Bill No. HB 2189
Page 4 of
February 28, 2022
JLH:LR:OD
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
In response to a similar proposal, HCS for HBs 1995 & 1474 (2022), DESE stated the 10
regional programs specialists would work with school districts to make sure they are uploading
all the required information.
Oversight is uncertain if this proposal requires to DESE to ensure compliance by school
districts. Therefore, Oversight will show a range of $0 (ensuring compliance not required) up to
the cost estimated by DESE for the 10 Regional Program Specialists FTE depending on the level
DESE is engaged in ensuring compliance.
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.
Oversight will show the costs to develop a statewide database as a one-time cost and will show
the annual maintenance costs as unknown.
Section 170.360 - Training and Curriculum
Oversight assumes there could be costs to school districts for to collect and display all training
materials and curriculum materials related to nondiscrimination, diversity, equity, inclusion,
race, ethnicity, sex, or bias. Oversight assumes there could be costs for staff time and training as
well.
Additionally, Oversight assumes there could be costs for legal services, civil penalties and
attorney’s fees if a district violates the provisions of this section.
Responses regarding the proposed legislation as a whole
Officials from the Office of State Courts Administrator (OSCA) state there may be some
impact but there is no way to quantify that currently. Any significant changes will be reflected in
future budget requests. L.R. No. 4519H.01I
Bill No. HB 2189
Page 5 of
February 28, 2022
JLH:LR:OD
Oversight assumes OSCA is provided with core funding to handle a certain amount of activity
each year. Oversight assumes OSCA could absorb the costs related to this proposal. If multiple
bills pass which require additional staffing and duties at substantial costs, OSCA could request
funding through the appropriation process.
Officials from the Attorney General’s Office did not respond to Oversight’s request for fiscal
impact for this proposal.
Oversight has presented this fiscal note on the best current information that we have. Upon the
receipt of agency 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.
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. 4519H.01I
Bill No. HB 2189
Page 6 of
February 28, 2022
JLH:LR:OD
FISCAL IMPACT – State GovernmentFY 2023FY 2024FY 2025GENERAL REVENUECosts - to develop, program and
maintain information related to
professional development and
instructional programs - §161.023 - p.3($2,000,000)(Unknown)(Unknown)
Costs - DESE - §161.852 - p.3-4 Personnel Service($335,496)($338,851)($342,239) Fringe Benefits($209,951)($211,170)($212,402) Expense & Equipment($120,439)($58,007)($59,456)Total Costs ($665,886)($608,028)($614,097)FTE Change7 FTE7 FTE7 FTECosts - DESE - §161.852 - p.3-40 or...0 or...0 or... Personnel Service($314,400)($317,544)($320,719) Fringe Benefits($240,013)($241,155)($242,309) Expense & Equipment($172,055)($82,867)($84,938)Total Costs - 10 Regional Specialists($726,468)($641,566)($647,966)FTE Change0 or 10 FTE0 or 10 FTE0 or 10 FTECosts - DESE/ITSD - transparency and
accountability portal - §161.852 - p.3-4($3,000,000)(Unknown)(Unknown)ESTIMATED NET EFFECT ON
GENERAL REVENUE
($5,665,886
Up to
$6,392,354)
($608,028 to
Could exceed
($1,249,595)
($614,097 to
Could exceed
($1,262,064)
Estimated Net FTE Change on General
Revenue
Up to 17 FTEUp to 17 FTEUp to 17 FTE L.R. No. 4519H.01I
Bill No. HB 2189
Page 7 of
February 28, 2022
JLH:LR:OD
FISCAL IMPACT – Local GovernmentFY 2023FY 2024FY 2025SCHOOL DISTRICTS &
CHARTER SCHOOLS
Costs - for School Boards to approve
curriculum used by the school district -
§160.516 - p.3
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
Costs - for the collection and display of
proficiency data - §160.516.4 - p.3
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
Costs - costs for collection and display
of certain training and instructional
material as well as staff time and
training - §170.360 - p.4
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
Costs - for legal costs, civil penalties
and attorney’s fees - §170.360.7 - p.4
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
SCHOOL DISTRICTS &
CHARTER SCHOOLS
$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 modifies and creates provisions regarding curricula and programs taught in public
schools.
This bill prohibits the State Board of Education and the Department of Elementary and
Secondary Education (DESE) from promoting the curriculum to be used in public schools. Each
local school board shall be required to approve and adopt the curriculum used by the school
district at least six months prior to implementation. Each school board shall adopt policies and
procedures to ensure the approved curriculum is properly implemented in the classroom. The bill
details requirements for the choice of academic class offerings and curriculum materials. At least
five years of data showing percentages of students by grade level and proficiency based on state
assessment scores shall be posted in the same section as the curricula on the district's website
(Section 160.516, RSMo). L.R. No. 4519H.01I
Bill No. HB 2189
Page 8 of
February 28, 2022
JLH:LR:OD
All professional development and instructional materials offered to schools that are paid for with
state funds, whether offered by DESE or another party shall be fully transparent and available to
the public as outlined in the bill. Program materials shall be available to the public at no charge
on DESE's website and program offerings shall be open for public attendance.
The bill details the posting and retention requirements for program offerings. For programs
offered by third parties, DESE shall maintain data and information on its website as outlined in
the bill (Section 161.023).
This bill creates the "Missouri Education Transparency and Accountability Portal". The portal
shall be an Internet-based tool creating transparency in Missouri's public education system and
providing citizens access to every school district's curriculum, source materials, and professional
development materials. The portal shall consist of an easy-to-search database including certain
information as outlined in the bill. The Commissioner of Education shall establish a form that
school districts shall complete with the information required by the bill (Section 161.852).
The bill modifies provisions regarding courses on American history to provide that courses on
American literature shall be given so students gain an understanding of our government
institutions. Such courses on American history and literature shall promote an overall positive
and comprehensive history and understanding of the United States (Section 170.011).
Under this bill, school districts and charter schools shall publish on their websites all training
materials used for staff and faculty training, all instructional materials, and all curricular
materials related to nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias,
including certain information as described in the bill related to instructional materials and
curricular materials.
Such materials shall be displayed within seven days after the use of such materials in training or
instruction and shall remain displayed for at least two years. No school district shall permit
teachers or administrators to require coursework to include, or a grade or credit to be awarded,
for a student's participation in certain political or social advocacy efforts described in the bill.
No school district or charter school shall compel a teacher, administrator, or student to affirm,
adopt, or adhere to any belief or concept that racism, sexism, or certain immutable traits are
fundamental or blameworthy, as further described in the bill.
No school district shall use public funds to contract, hire, or otherwise engage certain persons to
speak on or compel support for such concepts or beliefs, except that such person may be engaged
to advocate for such concepts or beliefs if the school district makes clear that it does not support
such concepts or beliefs and allows students and employees to opt out from participating.
No school district, public school, or charter school may require a student or employee to attend
or participate in a certain training, instruction, or therapy that promote such beliefs or concepts. L.R. No. 4519H.01I
Bill No. HB 2189
Page 9 of
February 28, 2022
JLH:LR:OD
Any employee of a school district that discloses a violation of this provision shall be protected
from any manner of retaliation as provided by current law.
Suit for alleged violations of the bill may be brought by DESE, the Attorney General, local
prosecuting attorney, local county counselor, local circuit attorney, or a local resident. Such suit
shall be brought in the circuit court for the city or county in which the alleged violator is located.
Upon a finding of a violation, injunctive relief shall be issued to correct such violations.
Knowing violations shall result in a civil penalty of up to $1,000, and purposeful violations shall
result in a civil penalty of up to $10,000 in addition to attorney's fees and costs.
School districts and charter schools may bring suit in the local circuit court at their own expense,
or may seek a formal opinion from the Attorney General, to ascertain the propriety of actions and
decisions that may violate this bill. Such determination may include a review of proposed uses of
school resources or particular materials (Section 170.360).
This bill contains an emergency clause.
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
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the Secretary of State
Joint Committee on Administrative Rules
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 28, 2022February 28, 2022