COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:4721S.03C Bill No.:SCS for HB 2202 Subject:Education, Elementary and Secondary; Education, Higher; Department of Elementary and Secondary Education; Department of Higher Education and Workforce Development Type:Original Date:April 27, 2022Bill Summary:This proposal modifies provisions relating to elementary and secondary education. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025 General Revenue* ($924,782 to Could exceed $15,881,866) ($817,737 to Could exceed $15,620,400) ($277,360 to Could exceed $15,006,971) Total Estimated Net Effect on General Revenue ($924,782 to Could exceed $15,881,866) ($817,737 to Could exceed $15,620,400) ($277,360 to Could exceed $15,006,971) *The wide range in fiscal impact is mostly attributed to the new Workforce Diploma Program and how many adults participate (subject to appropriation). ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Evidence-Based Reading Instruction Program Fund*$0$0$0 Competency-Based Education Grant Program Fund* $0$0$0 Workforce Diploma Program Fund* $0$0$0 Total Estimated Net Effect on Other State Funds$0$0$0 *Transfers in and distributions net to zero. Numbers within parentheses: () indicate costs or losses. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 2 of April 27, 2022 JLH:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Federal* $0$0$0Total Estimated Net Effect on All Federal Funds $0$0$0 *Income and expenses (of approximately $75,000) net to zero. ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025General Revenue2 FTE to up to 3 FTE2 FTE to up to 5 FTE2 FTE to up to 5 FTETotal Estimated Net Effect on FTE 2 FTE to up to 3 FTE 2 FTE to up to 5 FTE 2 FTE to up to 5 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 (Unknown, Potentially significant) (Unknown, Potentially significant) (Unknown, Potentially significant) L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 3 of April 27, 2022 JLH:LR:OD FISCAL ANALYSIS ASSUMPTION Due to time constraints, Oversight was unable to receive some agency responses in a timely manner and performed limited analysis. Oversight has presented this fiscal note on the best current information that we have or on information regarding a similar bill(s). Upon the receipt of agency responses, Oversight will review to determine if an updated fiscal note should be prepared and seek approval to publish a new fiscal note. SEQ CHAPTER \h 1Section 160.560 Show Me Success Diploma Program Officials from the Office of the State Treasurer (STO) state they are estimating anywhere from no fiscal impact up to two FTEs. The overall impact to the State Treasurer’s Office will depend on negotiation with the state’s 529 program manager to implement these provisions. The STO assumed a possible need for two (2) FTE Analysts, each at $39,708 annually plus fringe benefits and other expense and equipment. Oversight notes that subsection 160.560.8 states the Office of the State Treasurer shall provide guidance and assist with the creation, maintenance, and use of an account that has been established under sections 166.400 to 166.455 (MOST program). Oversight will range the fiscal impact “Up to” the 2 FTE estimated by the STO starting in FY 2024 depending upon the activity and complexity of additional accounts. Oversight assumes this program is optional (may) for school districts. Oversight also assumes school districts would continue to receive state funding for students that utilize this educational path. Therefore, Oversight will assume this section of the proposal will not materially fiscally impact local school districts. Oversight assumes if a student receives a show me success diploma and enrolls in a postsecondary educational institution, the state will continue to count this student in their funding calculation, and this will not result in a material difference in state aid. Therefore, Oversight will not reflect a fiscal impact for this provision. Sections 160.2700 & 160.2705 - Adult High Schools In response to a similar proposal, HCS for HB 1753 (2022), officials from the Department of Elementary and Secondary Education (DESE) and Department of Social Services (DSS) each assumed the provision would have no fiscal impact on their respective organizations. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 4 of April 27, 2022 JLH:LR:OD Oversight notes that the above mentioned agencies have stated the provision would not have a direct fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact on the fiscal note for this provision. Section 161.097 - Missouri Advisory Board for Educator Preparation In response to a similar proposal, HCS for HB 1753 (2022), officials from DESE estimated a one-time meeting cost to align literacy and reading instruction in teacher preparation programs at $40,140. Section 161.214 School Innovation Waiver In response to a similar proposal, HCS for HB 1753 (2022), officials from the DESE assumed the provision will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for this agency for this provision. Oversight notes DESE’s FY 2022 Budget Book included a $1,000,000 Governor’s Recommendation from General Revenue to “support school innovation teams in implementing their waivers approved by the State Board of Education”. DESE’s FY 2023 Budget Book does not appear to include funding to support innovation waivers. Oversight will show a range of impact to General Revenue of $0 (no additional cost or not appropriated) to an unknown cost to support school innovation teams. Based on FY 2022’s Governor Recommend, Oversight assumes the cost could exceed $250,000. Oversight assumes there could be a cost to implement this program. School districts may have costs related to improving student readiness and job training, increasing teacher compensation, or improving teacher recruitment and development. Oversight will show a range of impact of $0 (no school districts participate or no additional cost) to an unknown cost to implement the waiver. Oversight assumes the net impact on school districts would be $0 if distributions from General Revenue cover all costs or negative net impact if implementation costs exceed state distributions. Section 161.241 Statewide Literacy Plan In response to a similar proposal, HCS for HB 1753 (2022), officials from DESE stated Section 161.241 requires DESE to create an Office of Literacy to coordinate staff with roles relating to literacy and align staff work around supporting best practices in reading instruction. DESE assumes that one (1) FTE Coordinator of Literacy would be required as part of this new office at a cost of $63,480. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 5 of April 27, 2022 JLH:LR:OD This section also requires DESE to recruit and employ quality teacher trainers with expertise in reading instruction. Because this is subject to appropriation DESE estimates a cost that could exceed a cost that could greatly exceed $100,000. This would be subject to appropriation so DESE will show the costs as $0 – Could Exceed $100,000. This could be funded by the proposed creation of the “Evidence-Based Reading Instruction Program Fund." Oversight assumes this provision creates the Evidence-Based Reading Instruction Program Fund. The fund shall consist of moneys appropriated by the General Assembly or from gifts, bequests or donations. Funds are to be distributed to school districts to reimburse school districts and charter schools for efforts to improve literacy. For simplicity, Oversight assumes on the money in the Fund will be used within the year it is received. Section 161.380, 161.385 and 162.1255 - Competency Based Education In response to a similar proposal, SB 660 (2022), officials from DESE stated this proposal requires DESE to facilitate the creation, sharing, and development of assessments and curriculum and training for teachers, and best practices for the school districts that offer competency-based education courses. Costs for development of competency-based assessments will vary depending upon the number of courses/content domains necessary. The department estimates $1,000,000 cost* for each course/content domain. The department has projected these costs across two fiscal years along with $25,000 annually for the Competency Task Force support until the work is complete. *This includes: $100,000 for test specifications/blueprint review, $50,000 for passage review, $100,000 for item writing, $100,000 for item review, $100,000 for forms creation, $300,000 for field testing, and $300,000 for establishing mastery standards. DESE projects Section 162.1255.2 may have additional costs to school districts/charter schools and to the vendors they used to determine and report the appropriate attendance hours to DESE. SEQ CHAPTER \h 1Oversight based education programs in school districts and charter schools such as costs to determine and report the appropriate attendance hours to DESE. Section 167.268 - Develop Reading Guidelines In response to a similar proposal, HCS for HB 1753 (2022), officials from DESE estimated a one-time meeting cost to develop DESE guidelines for the Office of Literacy at $44,600. Section 167.630 - Epinephrine Syringes In response to a similar proposal, SCS for SB 958 (2022), officials from the Department of Elementary and Secondary Education assumed the proposal would have no fiscal impact on L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 6 of April 27, 2022 JLH:LR:OD their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for this section. Sections 167.640 and 167.645 - Reading Remediation In response to a similar proposal, HCS HB 1556 (2022), DESE stated the proposal could impact the call to the foundation formula but they would have no way to estimate the impact. Oversight assumes there could be an increased call to the foundation formula if remediation hours outside of the traditional school day may count toward the calculation of average daily attendance (Section 167.640). Oversight will show a range of impact of $0 (no additional remediation hours outside the traditional school day) to an unknown cost to General Revenue for an increase in average daily attendance. One full term of attendance is 1,044 hours per student. For each full term of attendance, the average state funding per ADA is approximately at $5,066 (per DESE) or $4.85 per hour of full term attendance. However, Oversight notes this is an approximation of the cost as the state aid payment can vary greatly by district. Oversight estimates to reach a revenue impact of $250,000 would require a change in attendance hours of approximately 52,000 hours or approximately 50 ADA (52,000 * $4.85 = $252,200). Oversight notes an increase of 50 ADA is approximately a 0.01% increase in total ADA (50/843,650); therefore, Oversight assumes it is possible the cost could exceed $250,000. In response to a similar proposal, SB 54 (2021), officials from the Springfield R-XII School District stated the total fiscal impact to the district is $6,562,500. In response to a similar proposal, SB 54 (2021), officials from the High Point R-III School District assumed the proposal will have no fiscal impact on their organization. In response to a similar proposal, HB 2470 (2020), officials from the Park Hill School District anticipated a fiscal impact to hire additional staff to implement and monitor the extended requirements. Estimated cost would exceed $100,000 annually. In response to a similar proposal, HB 2470 (2020), officials from the Shell Knob School District assumed that bill would have a negative fiscal impact. In response to a similar proposal, HB 2470 (2020), officials from the Wellsville -Middletown School District estimated needing at least one possibly two additional elementary teachers, at a cost of $92,000 per year. Oversight assumes these provisions would require school districts and charter schools to implement remediation strategies such as: L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 7 of April 27, 2022 JLH:LR:OD Per the Achievement Level Report available on the Missouri Comprehensive Data System, Oversight notes the following number of students with scores in the below basic level and the basic level within the Springfield School District: Springfield School District - School Year 2019 GradeBelow BasicBasicTotalThird Grade4705501020Fourth Grade245707952Fifth Grade2338051038Sixth Grade317658975Total1,2652,7203,985 Based on the cost reported by the Springfield School District, Oversight estimates the cost per student reading at below basic and basic (in grades 3 through 6) at approximately $1,647 ($6,562,500/3,985). Statewide - School Year 2019 GradeBelow BasicBasicTotalThird Grade15,66418,52734,191Fourth Grade8,38926,40634,795Fifth Grade8,65328,51037,163Sixth Grade10,93827,22638,164Total43,644100,669144,313 Applying the $1,647 to the statewide total of students reading at below basic and basic in grades 3 through 6, Oversight school districts, Oversight is uncertain if other school districts would experience costs similar to those reported by the Springfield School District. Oversight assumes additional resources, namely additional teacher time, assessments and materials, will be required to implement these changes. Therefore, Oversight will show an unknown cost to school districts that could be significant. SEQ CHAPTER \h 1 HYPERLINK "https://nida.nih.gov/publications/drugfacts/treatment- approaches-drug-addiction" \h National Institute on Drug Abuse (NIDA) HYPERLINK "https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2629137/" \h Recovery High Schools: A Descriptive Study of Programs and Students L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 8 of April 27, 2022 JLH:LR:OD Section 167.903, 167.907 and 167.908 - FASFA/ICAP Provisions In response to a similar proposal, HB 2171 (2022), officials from the Department of Elementary and Secondary Education (DESE) and the Department of Higher Education and Workforce Development (DHEWD) each assumed the proposal would have no fiscal impact on their respective organizations. Upon further inquiry, DESE states it will need to add the requirements for school districts to the District Assurance Checklist but will not require additional funds or FTE. The requirement for ensuring FASFA and ICAP participation/completion are a responsibility of the school that the student attends. Upon further inquiry, DHEWD beginning of section 169.703. Per their understanding, DESE would be in charge of ICAP and FAFSA. In response to a similar provision in HB 101 (2021), officials from DHEWD stated Section 167.908 would require the department establish a procedure for providing the means and capability for high school students enrolled in career and technical education programs described under section 170.029 to complete an application for aid through the United States Department of Labor, Employment and Training Administration pursuant to the federal Workforce Innovation and Opportunity Act. The department shall work with school districts that deliver career and technical education programs to educate students on the value of the aid that is available to them through the federal Workforce Innovation and Opportunity Act. The bill also set’s certain performance measures the department must meet. The application process for these funds is part of the local work development board processes that already exist. No new state costs will be required and the federal funding is part of an annual allocation to each state from the US Department of Labor. No new increase in FTE are required at this time. Oversight notes the agencies listed above stated they did not anticipate a fiscal impact on their respective organizations. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies for these sections. Based on DESE’s response, Oversight will show a range of impact to school districts and charter schools of $0 (costs can be absorbed) to an unknown cost for ensuring FASFA and ICAP participation/completion. SEQ CHAPTER \h 1 Section 170.014 - Reading Instruction Act Oversight assumes there could be costs to school districts to expand reading programs through grade five. Currently, the reading programs are established for kindergarten through grade three. Section 170.018 - Computer Science Course L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 9 of April 27, 2022 JLH:LR:OD In response to a similar proposal, SB 659 (2022), officials from the Department of Elementary and Secondary Education assumed the legislation would require updates to the June Core Data/MOSIS cycle to accommodate the bill’s requirements: $10,000 (one-time); $3,000 maintenance (annual) $10,000 (one-time); $3,000 maintenance (annual). time cost). The legislation also requires the department to add 1.0 FTE for a Computer Science Supervisor/Director salary ($51,288). In response to a similar proposal, SB 659 (2022), officials from the University of Missouri System stated they could not estimate a fiscal impact due to offsetting cost and revenue factors associated with student preparedness. In response to a similar proposal, SB 659 (2022), officials from the University of Central Missouri assumed the proposal will have no fiscal impact on their organization. Oversight does not anticipate a direct material impact to colleges and universities. Oversight assumes this proposal requires each public high school and charter high school to offer at least one computer science course. Oversight is uncertain how many schools currently offer computer science courses. Oversight assumes there could be costs for those school districts that are not currently offering a computer science course; therefore, Oversight will show an unknown cost to school districts beginning in FY 2024. Section 170.036 Computer Science Task Force In response to a similar proposal, SCS SB 659 (2022), officials from DESE stated the proposed legislation does not indicate who is responsible for any costs associated with the Computer Science Education Task Force. If DESE is financially responsible, the Department estimates a total of four meetings per year for the 13 member task force. This cost would cover a two year time span, for a total meeting cost of $84,740. Oversight will show the costs for two Task Force meetings at $42,370 each as estimated by DESE beginning in FY 2023. Oversight assumes the Task Force is dissolved at the end of FY 2024. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 10 of 27 April 27, 2022 JLH:LR:OD In addition, Oversight will show a potential unknown cost for on-going evaluation and implementation of task force findings. Oversight assumes this cost would be dependent on the findings and recommendations of the task force. Oversight notes, per the Tennessee Computer Science State Education Plan, task force recommendations included regional trainings ($30,713), grants to educators ($300,000) and K-8 computer science standards and trainings ($84,000). Based on these estimates, Oversight will show a range of impact of $0 (cost of implementing task force finding can be absorbed with existing appropriations) to an unknown cost that could exceed $250,000. In response to a similar proposal, SCS SB 659 (2022), officials from the University of Missouri System, University of Central Missouri and the St. Charles Community College each assumed the proposal would have no fiscal impact on their respective organizations. Section 173.831 - Workforce Diploma Program In response to a similar proposal, HB 2325 (2022), officials from Department of Elementary and Secondary Education (DESE) assumed they may require 1.0 FTE at a minimum at the supervisor level in order to publish the request for qualifications, review the applicants against the statutory requirements, collect data, run reports, and make payments. As of 2017, there are 453,226 Missourians 21 years of age or older who have not received a high school diploma. It is estimated that approximately 1 percent (4,532) to 3 percent (13,597) of these individuals may participate in this program. Because payments made to providers are to be made in accordance with a schedule set with the Department, DESE will make several assumptions for payment amounts based on previous versions of the bill. Completion of each half unit of high school credit - $250 Attaining an employability certificate - $250 Attaining an industry recognized credential (50 hours) - $250 Attaining an industry recognized credential (75 hours) - $500 Attaining an industry recognized credential (100 hours) - $250 Attaining a high school diploma - $1,000 The Department estimates that approximately half of the individuals that would participate in the program may earn their high school diploma each year which would result in a cost between $2,266,000 (2,266 students earn a diploma) and $6,799,000 (6,799 students earn a diploma) per year. The Department also estimates that each student participating in the program would earn at least one full unit of high school credit each year resulting in an additional amount of $2,266,000 (4,532 students earn at least one full unit of high school credit) and $6,799,000 (13,597 students earn at least one full unit of high school credit) per year. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 11 of 27 April 27, 2022 JLH:LR:OD If 10 percent of graduates also earned an industry recognized credential at an average of $500 the Department estimates an additional cost of $113,300 (2,266 x 10% x $500) to $339,950 (6,799 x 10% x $500). If 50 percent of graduates also earned an employability skills certificate, the Department estimates an additional cost of $283,250 (2,266 x 50% x $200) to $849,875 (6,799 x 50% x $250). $2,266,000 - $6,799,000 for high school diploma achievements $283,250 - $849,875 for employability skills certificate achievements $113,300 - $339,950 for industry recognized credential achievements $2,266,000 - $6,799,000 for ½ unit of high school credit achievements $4,928,550 - $14,787,825 Because this provision is subject to appropriation, the Department will show a range of $0 (no money appropriated for the program) to $14,857,084 starting in FY23. At the time this fiscal note was presented, DESE had not yet provided salary, fringe and equipment costs for the necessary FTE. Oversight estimated the cost based on a similar proposal from the previous year, HB 733 (2021). Oversight will show a range of impact of $0 (not appropriated) to the costs as estimated by DESE as a transfer from General Revenue to the Workforce Diploma Program Fund. Oversight will show the costs as estimated by DESE to the Workforce Diploma Program Fund for reimbursements to program providers. Oversight assumes funds will be used within the year they were received. Officials from the Office of the State Treasurer assume the provision would have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for this agency. Oversight assumes DESE is required to issue a request for interested program providers before September 1, 2022. Program providers must be approved by October annually and students may start enrolling in November annually. Oversight assumes DESE could request and approve program providers any time before September 2022 and after the effective date of this proposal August 28, 2022. Therefore, Oversight will show cost beginning in FY 2023. Section 186.080 - Literacy Advisory Council In response to a similar proposal, HCS for HB 1753 (2022), officials from DESE estimated ongoing annual meeting costs to maintain the Literacy Advisory Council at $44,600. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 12 of 27 April 27, 2022 JLH:LR:OD Sections 302.010 and 304.060 - Other Vehicles for Transportation of Students In response to a similar proposal, HCS for HB 1753 (2022), officials from the DESE the provision would have no fiscal impact on their organization. Officials from Department of Revenue (DOR) state section 302.010.21 changes the definition of school bus to mean any vehicle designed for carrying more than ten passengers used to transport students for educational purposes. Section 304.060.1 gives school districts the authority to use vehicles other than school buses for the purpose of transporting school children. The state board of education may adopt rules and regulations governing the use of other vehicles used to transport school children, except vehicles operating under sections §387.400 to §387.440. The draft language further removes the requirement for drivers of such vehicles to meet the provisions of §302.272, thus removing the requirement to meet school bus endorsement testing, issuance, driver history and background check requirements. It also requires vehicles other than school buses to transport no more children than the manufacturer suggests appropriate, and meet any additional requirements of the school district. The proposed change to remove the requirements of §302.272, may have an impact on the safety of students being transported in vehicles other than a commercial class school bus. Under current requirements drivers applying for a non-commercial Class E with a school bus endorsement are required to complete additional driver history and background checks and regular drug testing. This also includes the current mandatory annual skills provisions to ensure driving proficiency for those school bus endorsed drivers age 70 and over. School districts are required to report failed drug tests to the Department for suspension of school bus endorsements. Drivers without school bus endorsements may not be held to the same requirements. Administrative Impact To implement the proposed legislation, the DOR will be required to: to include the new information (online and printed versions). FY23-Driver License Bureau Research/Data Analyst 15 hrs. @ $24.29 per hr. =$364 Administrative Manager 10 hrs. @ $26.37 per hr. =$264 Total $628 FY23-Personnel Services Bureau Associate Research/Data Analyst 15 hrs. @ $19.46 per hr. =$292 Associate Research/Data Analyst 15 hrs. @ $19.46 per hr. =$292 L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 13 of 27 April 27, 2022 JLH:LR:OD Total $584 The DOR anticipates being able to absorb these costs. However, until the FY23 budget is final, the Department cannot identify specific funding sources. If multiple bills pass that require Department resources, FTE/funding will be requested through the appropriations process. The proposed legislation would require updates to the Missouri Driver Guide that could be absorbed. Decisions made during implementation could result in a requirement for destruction and replacement of current driver guide supplies and printing costs outside of normal reordering. The printing costs of the driver guide are currently covered by the Missouri State Highway Patrol (MSHP). Oversight assumes these costs are minimal and can be absorbed by the DOR and MSHP. In response to a similar proposal, HCS for HB 1753 (2022), officials from the Department of Public Safety - Missouri Highway Patrol and Department of Elementary and Secondary Education each assumed these sections would have no fiscal impact on their respective organizations. Oversight does not anticipate an impact to school districts for these sections. Responses regarding the proposed legislation as a whole Officials from the Department of Higher Education and Workforce Development, Department of Health and Senior Services, Office of the Governor, Missouri House of Representatives and the Department of Public Safety - Missouri Highway Patrol each assume the proposal will have no fiscal impact on their respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. SEQ CHAPTER \h 1 Officials from the Missouri Senate state they anticipated a negative fiscal impact to reimburse senators for travel to Competency-Based Education Task Force and Computer Science Education Task Force meetings. In summary, it will cost approximately $511.56 each time both committees meet. Oversight assumes the General Assembly could absorb the cost of the Task Force meetings within the current appropriation levels and will not reflect a fiscal impact. Oversight received a limited number of 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. 4721S.03C Bill No. SCS for HB 2202 Page 14 of 27 April 27, 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. 4721S.03C Bill No. SCS for HB 2202 Page 15 of 27 April 27, 2022 JLH:LR:OD FISCAL IMPACT – State Government FY 2023 (10 Mo.) FY 2024FY 2025GENERAL REVENUE FUNDCosts - STO - 160.560.8 - p.3Up to….Up to…. Personnel Service$0($80,210)($81,012) Fringe Benefits$0($49,664)($49,908) Expense & Equipment$0($28,500)($11,236)Total Costs - STO$0($158,374)($142,156)FTE Change0Up to 2 FTEUp to 2 FTECosts - meeting costs to align literacy instruction - §161.097 - p.4($40,140)$0$0 Costs - DESE - support for school districts implementing School Innovation Waivers - §161.214 - p.4 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Costs - DESE - §161.241 - p.4-5 Personnel Service($52,900)($64,115)($64,756) Fringe Benefits($29,704)($35,875)($36,108) Expense & Equipment($15,858)($8,288)($8,494)Total Costs - DESE($98,462)($108,278)($109,358)FTE Change1 FTE1 FTE1 FTE Costs - to recruit and employ quality teacher trainers - §161.241 - p.4-5 $0 to (Could exceed $100,000) $0 to (Could exceed $100,000) $0 to (Could exceed $100,000) Transfer Out - to the Evidence-Based Reading Instruction Program Fund - §161.241.9 - p.4-5 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Costs – DESE – Competency-Based Education Task Force - 161.385 - p.5($25,000)($25,000)($25,000) Costs – DESE – development of competency-based assessments (PER COURSE/CONTENT DOMAIN) - 161.380 - p.5 ($500,000 to Unknown) ($500,000 to Unknown)$0 L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 16 of 27 April 27, 2022 JLH:LR:OD Transfer Out – to the Competency- Based Education Grant Program Fund – unknown number and amount of grants 161.380.3 - p.5 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Cost – DESE – potential cost to foundation formula associated with students taking competency-based courses 162.1255.2 & 3 - p.5 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Costs - meeting costs to develop guidelines for the Office of Literacy - §167.268 - p.5 ($44,600)$0$0 Costs - increased ADA for remediation hours - §167.640 & §167.645 - p.6-8 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Costs - DESE - updates to MOSIS - §170.018 - p.8-9($45,000)($6,000)($6,000) Costs - DESE - §170.018 - p.9-10 Personnel Service($42,740)($51,801)($52,319) Fringe Benefits($26,012)($31,400)($31,589) Expense & Equipment($15,858)($8,288)($8,494)Total Costs - ($84,610)($91,489)($92,402)FTE Change1 FTE1 FTE1 FTECosts - DESE - task force meetings - §170.036 - p. 9-10($42,370)($42,370)$0 Costs - DESE- on-going evaluation and implementation of task force findings - §170.036 - p. 9-10$0 $0 or (Unknown) $0 or (Unknown) Costs - DESE - establish and administer the Workforce Diploma Program - §173.831 - p. 10-12$0 or …$0 or …$0 or … Personal Service($33,540)($40,650)($41,027) Fringe Benefits($21,270)($25,659)($25,797) L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 17 of 27 April 27, 2022 JLH:LR:OD Equipment and Expense($14,949)($7,403)($7,588)Total Costs($69,759)($73,712)($74,442) FTE Change - DESE0 or 1 FTE0 or 1 FTE0 or 1 FTE Transfer Out - DESE - to the Workforce Diploma Program Fund - §173.831 - p. 10-12 $0 to (Unknown Could exceed $4,928,550 to $14,787,325) $0 to (Unknown Could exceed $4,928,550 to $14,787,325) $0 to (Unknown Could exceed $4,928,550 to $14,787,325) Costs - annual meetings for literacy advisory council - §186.080 - p.11($44,600)($44,600)($44,600)ESTIMATED NET EFFECT TO THE GENERAL REVENUE FUND ($924,782 to Could exceed $15,881,866) ($817,737 to Could exceed $15,620,400) ($277,360 to Could exceed $15,006,971) Estimated Net FTE Change to the General Revenue Fund 2 FTE up to 3 FTE 2 FTE up to 5 FTE 2 FTE up to 5 FTE FISCAL IMPACT – State Government - Continued FY 2023 (10 Mo.) FY 2024FY 2025EVIDENCE-BASED READING INSTRUCTION PROGRAM FUND Transfer In - from General Revenue - §161.241.9 - p. 4-5 $0 or Unknown $0 or Unknown $0 or Unknown Income - from gifts, bequests or donations - §161.241.9 - p. 4-5 $0 or Unknown $0 or Unknown $0 or Unknown Transfer Out - to School Districts and Charter Schools - for efforts to improve literacy - §161.241.9 - p. 4-5 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) ESTIMATED NET EFFECT ON THE EVIDENCE-BASED L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 18 of 27 April 27, 2022 JLH:LR:OD READING INSTRUCTION PROGRAM FUND $0$0$0COMPETENCY-BASED EDUCATION GRANT PROGRAM FUND Transfer In – from General Revenue - 161.380 - p. 5 $0 to Unknown $0 to Unknown $0 to Unknown Income – gifts, contributions, grants and/or bequests - 161.380 - p. 5 $0 or Unknown $0 or Unknown $0 or Unknown Transfers Out – to School Districts 161.380 – p. 5 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT TO THE COMPETENCY-BASED EDUCATION GRANT PROGRAM FUND $0$0$0 WORKFORCE DIPLOMA PROGRAM FUNDTransfer In - from General Revenue - §173.831 - p. 10-12 $0 to Unknown Could exceed $4,928,550 to $14,787,325 $0 to Unknown Could exceed $4,928,550 to $14,787,325 $0 to Unknown Could exceed $4,928,550 to $14,787,325 Income - from gifts and bequests - §173.831 - p. 10-12$0 or Unknown$0 or Unknown$0 or Unknown Costs - DESE - reimbursements to program providers for qualifying student milestones - §173.831 – p. 10-12 $0 to (Unknown Could exceed $4,928,550 to $14,787,325) $0 to (Unknown Could exceed $4,928,550 to $14,787,325) $0 to (Unknown Could exceed $4,928,550 to $14,787,325) L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 19 of 27 April 27, 2022 JLH:LR:OD ESTIMATED NET EFFECT ON THE WORKFORCE DIPLOMA PROGRAM FUND$0$0$0 L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 20 of 27 April 27, 2022 JLH:LR:OD FISCAL IMPACT – Local GovernmentFY 2023 (10 Mo.) FY 2024FY 2025LOCAL POLITICAL SUBDIVISIONS Costs - §161.214 - to implement School Innovation Waivers (improve student readiness and job training, increase teacher compensation, improve teacher recruitment and development) - p.4 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Revenue - §161.214 - distributions to support school districts implementing School Innovation Waivers - p.4 $0 or Unknown $0 or Unknown $0 or Unknown Transfer In - from the Evidence-Based Reading Instruction Program Fund - §161.241.9 - p.4-5 $0 or Unknown $0 or Unknown $0 or Unknown Income - grants from DESE - 161.380 - p.5 $0 or Unknown $0 or Unknown $0 or Unknown Costs - implementing competency- based education program - 161.380, 161.385 & 162.1255 - p.5 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Revenue Gain - increased call to the foundation formula for remediation hours outside of the traditional school day - §167.640 - p.6-8 $0 or Unknown $0 or Unknown $0 or Unknown Costs - reading success plans and reading intervention for students - §167.640 & §167.645 - p.6-8 (Unknown, Potentially significant) (Unknown, Potentially significant) (Unknown, Potentially significant) Costs - for ensuring FASFA and ICAP participation/completion - §167.907 - p.7-9 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Costs - to expand reading programs to grade five - §170.014 - p.7-9(Unknown)(Unknown)(Unknown) L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 21 of 27 April 27, 2022 JLH:LR:OD Costs - to offer computer science course - §170.018 - p.8-9$0(Unknown)(Unknown) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS (Unknown, Potentially significant) (Unknown, Potentially significant) (Unknown, Potentially significant) FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION Section 160.560 This act establishes the Show Me Success Diploma Program as an alternative pathway to graduation for high school students. A student may earn the Show Me Success Diploma beginning at the end of the tenth grade. By July 1, 2023, the Department of Elementary and Secondary Education shall develop detailed requirements for students to become eligible for the Show Me Success Diploma. Students who earn a Show Me Success Diploma may elect to remain in high school. Alternatively, a student having earned the diploma may instead enroll in a qualifying postsecondary educational institution. For each student enrolled in such an institution, an amount equal 90% of the pupil's proportionate share of the state, local, and federal aid that the district or charter school receives for such student shall be deposited into a higher education savings account that lists the student as the beneficiary. (Section 160.560) Sections 160.2700 & 160.2705 This bill allows synchronous instruction connecting students to a live classroom in a Missouri adult high school to be treated the same as in-person learning. The bill defines "adult high school" to mean the same as a "secondary school system" and to be exempt from child care licensure under Section 210.211, RSMo. Section 161.097 This bill will require the Missouri Advisory Board for Educator Preparation (MABEP) to include at least three active elementary or secondary classroom teachers and at least three faculty members within approved educator preparation programs from various regions of the state and districts of various sizes. The MABEP shall hold regular meetings that allow members to share needs and concerns and plan strategies to enhance teacher preparation. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 22 of 27 April 27, 2022 JLH:LR:OD The bill also requires that the State Board of Education shall, in consultation with MABEP, align literacy and reading instruction coursework for teacher education programs. All reading and special education certificates shall include training as outlined in the bill (Section 161.097, RSMo). Section 161.214 Under this act, a school intervention team, which shall mean a group of persons representing certain schools as set forth in the act, may submit a state innovation waiver plan to the State Board of Education for certain purposes, including improving student readiness for employment, higher education, vocational training, technical training, or any other form of career and job training; increasing the compensation of teachers; or improving the recruitment, retention, training, preparation, or professional development of teachers. The Board may grant school innovation waivers to exempt schools from requirements imposed by current law, or from any regulations promulgated by the Board or the Department of Elementary and Secondary Education. If a school innovation waiver is granted to a school district or group of school districts, the waiver shall be applicable to every elementary and secondary school within the school district or group of school districts unless the plan specifically provides otherwise. Any plan for a school innovation waiver shall contain certain information as described in the act, including the specific provision of law for which a waiver is being requested and an explanation for why such provision of law inhibits the goal stated in the plan. The plan shall also demonstrate that the intent of the law can be addressed in a more effective, efficient, or economical manner and that the waiver or modification is necessary to implement the plan. In evaluating a plan submitted by a school innovation team, the Board shall consider whether the plan meets certain criteria set forth in the act. The Board may propose modifications to the plan in cooperation with the school innovation team. Any waiver granted under this act shall be effective for no longer than three school years, but school innovation waivers may be renewed. No more than one school innovation waiver shall be in effect with respect to any one elementary or secondary school at one time. The State Board shall not authorize the waiver of any statutory requirements relating to teacher certification, teacher tenure, or any requirement imposed by federal law. Section 161.241 This bill provides a definition for "school innovation team" and for "school innovation waiver" and allows school innovation teams to submit a plan to the State Board of Education (SBE) for a state innovation waiver for a variety of purposes as outlined in the bill. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 23 of 27 April 27, 2022 JLH:LR:OD Plans submitted to the SBE must include the provision of law for which the waiver is being requested, as well as demonstrate the necessity of the waiver, provide measurable performance targets and goals, and demonstrate support for the plan, along with additional requirements as provided in the bill. The bill provides the SBE specific criteria for the evaluation of submitted plans and permits the SBE to make modifications to the plan with the cooperation of the school innovation team. School innovation waivers are only effective for three years beginning the school year following the approval and may be renewed. Only one waiver may be in effect per school at a time, and specific restrictions to statutory requirements relating to school start date, teacher certification, teacher tenure, or any requirement imposed by federal law, are applicable (Section 161.241). Section 161.380, 161.385 and 162.1255 This act establishes the Competency-Based Education Grant Program. By application, the Department of Elementary and Secondary Education shall award grants from the fund to eligible school districts for the purpose of providing competency-based education programs. The Department shall facilitate the creation, sharing, and development of course assessments, curriculum, training and guidance for teachers, and best practices for the school districts that offer competency-based education courses. (Section 161.380) This act establishes the Competency-Based Education Task Force to study and develop competency-based education programs in public schools. The Task Force shall conduct interviews and at least three public hearings to identify promising competency-based education programs and obstacles to implementing such programs. Before December first of each year, the Task Force shall present its findings and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Joint Committee on Education, and the State Board of Education. (Section 161.385) Under this act, school districts and charter schools shall receive state school funding under the foundation formula for high school students who are taking competency-based courses offered by their school district or charter school. Attendance of a student enrolled in a competency-based course shall equal the product of the district or charter school's prior year average attendance percentage multiplied by the total number of attendance hours normally allocable to a non-competency-based course of equal credit value. (Section 162.1255) Section 167.268 This bill modifies current law regarding reading success plans, formerly known as reading intervention programs. Each local school district and charter school shall have on file a policy for L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 24 of 27 April 27, 2022 JLH:LR:OD reading success plans for any pupils of the district that exhibit a substantial deficient in reading based on assessment or observation or has been identified as being at risk for or having dyslexia. Each policy shall be aligned with the guidelines developed by the Department of Elementary and Secondary Education (DESE) for reading success plans. Authority to develop guidelines to assist school districts and charter schools in formulating policies for reading success plans is transferred from the SBE to DESE. Each local school district and charter school is required to include in an individual pupil's reading success plan, suggestions for regular parent-guided home reading (Section 167.268). Section 167.630 This act provides that a school's agent trained by a nurse and contracted for the transportation of school children shall have the discretion to administer an epinephrine auto syringe on any student who is having a life-threatening anaphylactic reaction. The act also provides that the agents shall be immune from civil liability for administering an auto syringe under the act. Section 167.640 As specified in this bill, each school district and charter school shall administer a reading assessment or set of assessments to each student within the first 30 days of school for grades one through four, and by January 31 for kindergarten, unless a student has been determined in the previous school year to be reading at grade level or above. School districts and charter schools shall provide reading success plans to students with an individualized education plan (IEP) who have a reading deficiency, and for students receiving services under the Rehabilitation Act of 1973 whose service plan includes an element addressing reading. The bill requires districts to adopt a policy relating to student promotion and potentially required remediation (Section 167.640). Section 167.645 The bill repeals provisions relating to reading assessments and now states that school districts and charter schools shall assess all students enrolled in kindergarten through third grade at the beginning and end of each school year for their level of reading or reading readiness. Additionally, all school districts and charter schools shall assess any newly enrolled student in grades one through five for their level of reading or reading readiness. At the beginning of the school year, each school district and charter school shall provide a reading success plan to any student who exhibits a substantial deficiency in reading or has been identified as being at risk of dyslexia. Each school district or charter school shall ensure the parent or guardian of any student in kindergarten through third grade who exhibits a substantial deficiency in reading and shall provide them information listed in the bill. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 25 of 27 April 27, 2022 JLH:LR:OD If a student has a substantial reading deficiency at the end of third grade, promotion or retention of the student shall be discussed by the student's parent or guardian and appropriate school staff. School districts and charter school shall provide students identified as having a substantial reading deficiency with certain services as set forth in the bill. Each school district and charter school shall ensure that intensive reading instruction is provided through a reading development initiative to each kindergarten through grade five student who is assessed as exhibiting a substantial reading deficiency. Each district will annually report to DESE the districts specific intensive reading interventions and supports and include in the district's comprehensive school improvement plan (CSIP) goals relating to reading proficiency. If more than 15% of an attendance center's students are not at grade level by the end of third grade a district's CSIP must address specific ways to increase proficiency (Section 167.645). Section 167.903, 167.907 and 167.908 Currently, Individual Career and Academic Plans (ICAP) are optional. This bill requires students to develop an ICAP which must be reviewed annually, by school personnel and the student's parent or guardian. The ICAP must now include a declaration of a student's postsecondary plan (Section 167.903, RSMo). This bill requires students in public and charter schools to complete the Free Application for Federal Student Aid (FAFSA) before being eligible for a certificate of graduation. Exemptions to this requirement include enlistment in the Armed Forces, or parental consent (Section 167.907). The bill requires the Department of Elementary and Secondary Education to ensure that by the 2022-23 school year 50% of DESE area career centers have the means and capability to allow students to complete the application for aid. The percentage increases to 70% for the 2023-24 school year, 90% for the 2024-25 school year, and by the 2025-26 school year and thereafter DESE will ensure that 100% of the area career centers will have the means and capability to allow students to complete the application (Section 167.908). Section 170.014 Currently, the reading programs are established for kindergarten through grade three. This provision expands reading programs through grade five. Section 170.018 This act modifies the definition of "computer science course" by including any elementary, middle, or high school course that embeds computer science content within other subjects. This act requires, for all school years on or after July 1, 2023, certain coursework and instruction in computer science and computational thinking in public and charter high schools, middle schools, and elementary schools. Courses and instruction offered under this act must meet certain standards established by the State Board of Education and the Department of Elementary and Secondary Education. L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 26 of 27 April 27, 2022 JLH:LR:OD On or before June 30th annually, the Department shall publish a list of computer science course codes and names with a course description and shall indicate which courses meet or exceed the Department's computer science performance standards. The Department shall appoint a computer science advisor to implement these provisions of the act. Beginning July 1, 2023, computer science courses successfully completed and counted toward state graduation requirements shall be equivalent to one science or practical arts credit for the purpose of satisfying admission requirements at any public institution of higher education in the state. Section 170.036 This act establishes the "Computer Science Education Task Force." The Task Force shall develop a strategic plan for expanding a statewide computer science education program, as described in the act. The Task Force shall hold its first meeting within one month of the effective date of the act and shall present a summary of its activities and recommendations for legislation to the General Assembly before June 30, 2023. The Task Force shall dissolve on June 30, 2024. Section 173.831 This bill establishes the "Workforce Diploma Program", to assist students in obtaining a high school diploma and develop employability and career technical skills. This bill also creates the "Workforce Diploma Program Fund". Section 186.080 The bill directs the Commissioner of the Department of Elementary and Secondary Education to establish a literacy advisory council. The council shall include no more than 20 members representing stakeholder groups listed in the bill. The council shall provide recommendations to the Commissioner and the State Board of Education regarding any identified improvements to literacy instruction and policy for students as set forth in the bill (Section 186.080). Section 302.010 and 304.060 This act modifies a definition of "school bus" to include only vehicles designed for carrying more than 10 passengers. The act also provides that school districts shall have the authority to use vehicles other than school buses to transport school children, specifies that the State Board of Education shall not adopt rules or regulations governing the use of transportation network companies for the transportation of school children, repeals the requirement that drivers of non-school-bus vehicles L.R. No. 4721S.03C Bill No. SCS for HB 2202 Page 27 of 27 April 27, 2022 JLH:LR:OD transporting school children have a school bus driver's license endorsement, and provides that the vehicles other than school buses shall meet any additional requirements of the school district. 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 Higher Education and Workforce Development Department of Revenue Department of Public Safety - Missouri Highway Patrol Office of the State Treasurer Department of Mental Health Missouri House of Representatives Missouri Senate Joint Committee on Public Employee Retirement Office of the Secretary of State Joint Committee on Administrative Rules Public Schools and Education Employee Retirement Systems Sikeston R-6 School District Fordland School District High Point R-III School District Springfield Public Schools Lee’s Summit R-7 School District Wellsville-Middletown R-I School District Fayette R-III School District Shell Knob School District Hurley R-I School District Affton 101 School District Park Hill School District Julie MorffRoss StropeDirectorAssistant DirectorApril 27, 2022April 27, 2022