COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:4676H.01P Bill No.:Perfected HB 2325 Subject:Department of Higher Education and Workforce Development; Education, Elementary and Secondary; Education, Higher Type:Original Date:March 1, 2022Bill Summary:This proposal modifies provisions relating to professional development. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025 General Revenue* ($119,610 to Unknown Could exceed $5,117,919 $14,976,694) ($91,489) to (Unknown Could exceed $5,093,751 $14,952,526) ($92,402) to (Unknown Could exceed $5,095,394 $14,954,169) Total Estimated Net Effect on General Revenue ($119,610 to Unknown Could exceed $5,117,919 $14,976,694) ($91,489) to (Unknown Could exceed $5,093,751 $14,952,526) ($92,402) to (Unknown Could exceed $5,095,394 $14,954,169) *Oversight notes the Workforce Diploma Program is the greater part of the fiscal impact and is subject to appropriation; therefore the lowest costs above represent the scenario of the program not receiving an appropriation. The fiscal impact of that program (if appropriated) ranges from 1% participation to 3% participation, as estimated by DESE. Actual participation in the program could be higher (“Could exceed”). ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Workforce Diploma Program Fund*$0$0$0 Total Estimated Net Effect on Other State Funds $0$0$0 *Transfers and distributions net to zero. Numbers within parentheses: () indicate costs or losses. L.R. No. 4676H.01P Bill No. Perfected HB 2325 Page 2 of March 1, 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 2025 General Revenue 1 FTE to Could Exceed 2 FTE 1 FTE to Could Exceed 2 FTE 1 FTE to Could Exceed 2 FTE Total Estimated Net Effect on FTE 1 FTE to Could Exceed 2 FTE 1 FTE to Could Exceed 2 FTE 1 FTE to Could Exceed 2 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 to (Unknown)(Unknown)(Unknown) L.R. No. 4676H.01P Bill No. Perfected HB 2325 Page 3 of March 1, 2022 JLH:LR:OD FISCAL ANALYSIS ASSUMPTION Oversight was unable to receive some of the agency responses in a timely manner due to the short fiscal note request time. Oversight has presented this fiscal note on the best current information that we have or on prior year information regarding a similar bill. 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. Section 173.831 - Workforce Diploma Program Officials from Department of Elementary and Secondary Education (DESE) assume 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 were 453,226 Missourians 21 years of age or older who had 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. 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). L.R. No. 4676H.01P Bill No. Perfected HB 2325 Page 4 of March 1, 2022 JLH:LR:OD 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 proposal 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. 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. House Amendment 2 Section 160.2700 & 167.2705 - Adult High Schools In response to a similar proposal, HB 2618 (2022), officials from the Department of Elementary and Secondary Education, Department of Health and Senior Services and the Department of Social Services each assumed the proposal would have no fiscal impact on their respective organizations. L.R. No. 4676H.01P Bill No. Perfected HB 2325 Page 5 of March 1, 2022 JLH:LR:OD Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies for these provisions. Section 167.903, 167.907 & 167.908 - Career Readiness 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 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. 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. L.R. No. 4676H.01P Bill No. Perfected HB 2325 Page 6 of March 1, 2022 JLH:LR:OD House Amendment 3 - Section 160.565 - Extended Learning Opportunities In response to a similar proposal, HB 1856 (2022), officials from the Department of Elementary and Secondary Education (DESE) stated this section establishes the Extended Learning Opportunities Act. DESE would be required to assist students and parents in completing the enrollment process, developing an agreement form for each vendor that parents or students must sign, assisting in follow ups on those forms, assuring the student and one parent signs the form, determining if the parent has parental rights in place to sign such a form, etc. The Department estimates at least one Director FTE at a $51,288 annual salary would be required to comply with these requirements. The section also requires the development of a statewide policy, including criteria for provider approval, basis for credit acceptance and application processes, etc. DESE estimates an additional fiscal impact of at least $35,000 for the policy development and modifications to the data collection system. In response to a similar provision in HCS for SB 323 (2021), officials from the Sikeston R-6 School District assumed the impact would be related to developing new learning opportunities for students with new partnerships. Oversight notes this section requires, beginning with the 2023-2024 school year, the state board of education and each local school board shall routinely inform students and their parents of the ability to earn credit for participating in extended learning opportunities. Oversight assumes there could be costs associated with informing and assisting students and parents who want to participate in extended learning opportunities. Oversight will show the costs as estimated by DESE (could exceed 1 FTE) and an unknown cost to school districts. Responses regarding the proposed legislation as a whole Officials from the Department of Social Services and Department of Health and Senior Services Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. 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. 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 L.R. No. 4676H.01P Bill No. Perfected HB 2325 Page 7 of March 1, 2022 JLH:LR:OD listing of political subdivisions included in the Missouri Legislative Information System (MOLIS) database is available upon request. Rule Promulgation In response to similar proposals, officials from the Joint Committee on Administrative Rules assumed this proposal is not anticipated to cause a fiscal impact beyond its current appropriation. In response to similar proposals, officials from the Office of the Secretary of State (SOS) noted 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. 4676H.01P Bill No. Perfected HB 2325 Page 8 of March 1, 2022 JLH:LR:OD FISCAL IMPACT – State GovernmentFY 2023 (10 Mo.) FY 2024FY 2025GENERAL REVENUECosts - DESE - establish and administer the Workforce Diploma Program - §173.831 (p.3)$0 or …$0 or …$0 or … Personal Service($33,540)($40,650)($41,027) Fringe Benefits($21,270)($25,659)($25,797) 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 - §173.83 $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 - DESE - policy development and modifications to data collection system HA3 - §160.565 (p.6)($35,000)$0$0 Costs - DESE - HA3 - §160.565 Could exceed… Could exceed… Could exceed… Personal 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 Change DESE1 FTE1 FTE1 FTE ESTIMATED NET EFFECT ON GENERAL REVENUE ($119,610 to Unknown Could exceed $5,117,919 $14,976,694) ($91,489) to (Unknown Could exceed $5,093,751 $14,952,526) ($92,402) to (Unknown Could exceed $5,095,394 $14,954,169) Estimated Net FTE Change for the General Revenue Fund 1 FTE to Could exceed 2 FTE 1 FTE to Could exceed 2 FTE 1 FTE to Could exceed 2 FTE L.R. No. 4676H.01P Bill No. Perfected HB 2325 Page 9 of March 1, 2022 JLH:LR:OD FISCAL IMPACT – State Government Continued FY 2023 (10 Mo.) FY 2024FY 2025WORKFORCE DIPLOMA PROGRAM FUNDTransfer In - from General Revenue - §173.831 (p.3-4) $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$0 or Unknown$0 or Unknown$0 or UnknownCosts - DESE - reimbursements to program providers for qualifying student milestones - §173.831 $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) ESTIMATED NET EFFECT ON THE WORKFORCE DIPLOMA PROGRAM FUND$0$0$0 FISCAL IMPACT – Local GovernmentFY 2023 (10 Mo.) FY 2024FY 2025SCHOOL DISTRICTS & CHARTER SCHOOLS Costs - for ensuring FASFA and ICAP participation/completion - HA2 §167.907 (p.5) $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Costs - to inform and assist students/parents who want to participate in extended learning opportunities - HA3 - §160.565 (p.6) $0(Unknown)(Unknown) SCHOOL DISTRICTS & CHARTER SCHOOLS $0 or (Unknown) (Unknown) (Unknown) L.R. No. 4676H.01P Bill No. Perfected HB 2325 Page 10 of 11 March 1, 2022 JLH:LR:OD FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION 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". House Amendment 2 Section 160.2700 & 167.2705 - Adult High Schools This amendment 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 167.903, 167.907 & 167.908 - Career Readiness Currently, Individual Career and Academic Plans (ICAP) are optional. This amendment 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 amendment 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). This amendment requires the Department of Higher Education and Workforce Development 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 173.831 This amendment modifies provisions in the Workforce Development Program. House Amendment 3 This provision establishes the "Extended Learning Opportunities Act". The bill defines "extended learning opportunity" as an out of classroom learning experience as approved by the L.R. No. 4676H.01P Bill No. Perfected HB 2325 Page 11 of 11 March 1, 2022 JLH:LR:OD State Board of Education (SBE), school board, or a charter school and that provides a student with: 1) Enrichment opportunities; 2) Career readiness or employability skills opportunities including, but not limited to, internships; pre-apprenticeships; or apprenticeships; or 3) Any other approved educational opportunities. This provision requires that by the 2023-24 school year the SBE and local school boards must inform students of the opportunity to participate and earn credit for extended learning opportunities. The SBE must adopt a policy and local school districts shall distribute and implement extended learning policies that include an application process, a list of eligible entities offering extended learning opportunities, the process for receiving credit, and criteria for approval and completion. 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 Social Services Department of Health and Senior Services Office of the State Treasurer Office of the Secretary of State Joint Committee on Administrative Rules Julie MorffRoss StropeDirectorAssistant DirectorMarch 1, 2022March 1, 2022