COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3425H.03C Bill No.:HCS for HB 1946 Subject:Education, Elementary and Secondary; Department of Elementary and Secondary Education; Teachers; Children and Minors Type:Original Date:February 13, 2024Bill Summary:This proposal modifies provisions relating to school safety. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027 General Revenue* $0 to (Could exceed $7,631,600) $0 or (Could exceed $6,220,000) $0 or (Could exceed $6,220,000) Total Estimated Net Effect on General Revenue $0 to (Could exceed $7,631,600) $0 or (Could exceed $6,220,000) $0 or (Could exceed $6,220,000) *Subject to an appropriation by the General Assembly (§160.485 & §160.663). ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net Effect on Other State Funds $0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 3425H.03C Bill No. HCS for HB 1946 Page 2 of February 13, 2024 SAK:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net Effect on FTE 000 ☒ 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 2025FY 2026FY 2027Local Government(Unknown)(Unknown)(Unknown) L.R. No. 3425H.03C Bill No. HCS for HB 1946 Page 3 of February 13, 2024 SAK:LR:OD FISCAL ANALYSIS ASSUMPTION Section 160.485 - Bleeding Control Kits Officials from the Department of Elementary and Secondary Education (DESE) state, subject to appropriation, the minimum total cost to provide the bleeding control kits would be $1,212,600 with ongoing costs to replenish/replace used or expired items. The cost per bleeding control kit is estimated at $100 each (kits from different sources cost between $40 and $160+). The number of buildings in Missouri that would require kits is 2,391. The Department estimates a minimum of five kits per building (auditorium, library, gymnasiums, science classrooms, and cafeterias) with the number of kits estimated to be around 11,955. Additional kits to be required at the career-technical centers (57) at a minimum of three per center is estimated to be approximately 171. The Department assumes that the general assembly will appropriate funds to award grants/reimbursement to local education agencies for the cost of “Stop the Bleed” kits. 12,126 kits x $100 per kit = $1,212,600 plus an additional five kits for approximately 25% of schools (598) who have an additional need for high traffic areas or multiple required locations = $299,000 for a total of $1,511,600. Once the program has been implemented throughout Missouri, materials will need to be replaced/restocked as they are used or expire. The Department estimates a minimum cost of $100,000 with additional potential costs due to inflation. DESE estimates current staff will develop guidelines as required and administer the grants/reimbursement, however it will increase the workload on current staff and require administrative support. If multiple items of legislation are passed that require additional duties, DESE will seek additional FTE through the appropriation process. DESE has identified available online training to meet the requirements of the legislation that is provided at no cost to participants. In response to a similar proposal, HB 1487 (2024), officials from the Henry County R-1 School District assumed the proposal will have a fiscal impact due to monies spent to provide kits. In response to a similar proposal, HCS HB 1991 (2020), officials from the Maries County R-1 School District assumed the cost would be approximately $69.99 per classroom: $68.99 for the Curaplex Stop the Bleed Kit and $1.00 for the Emergency Thermal Blanket (10 for $9.95). Fifty five spaces would need one in their school, it would cost them $3,850 to put them in. They would have to replace the kits when they expire. L.R. No. 3425H.03C Bill No. HCS for HB 1946 Page 4 of February 13, 2024 SAK:LR:OD In response to a similar proposal, HCS HB 1722 (2022), DESE used an estimated cost per kit of $35. However, based on their research this past year, DESE estimated the cost to be closer to $100 per kit based on the average cost of bleeding control kits. For example, the American Red Cross offer a Professional Bleeding Control Kit for $149.92. In addition, they indicated some of the cost increase may be related to inflation and supply chain issues. Ultimately, Oversight is uncertain what cost would be realized but notes prices ranged from $50 to over $200 per kit based on a brief review. Oversight will show the costs to provide bleeding control kits at $1,511,600 as estimated by DESE. Oversight assumes the requirements in this proposal are subject to an appropriation by the General Assembly that would cover all costs. Oversight assumes kits will not be used frequently, so restocking and annual training costs will be shown as ‘could exceed ($100,000)’ in future years. Section 160.663 – Anti-intruder Door Locks and Windows Officials from the DESE assume an unknown cost related to changes in this HCS (i.e. side windows, etc.) as DESE is unable to quantify the number of school buildings that will need this. In response to a previous version, officials from DESE assumed this section would require anti- intruder door locks on all interior doors and bullet-resistant window film on all exterior doors or entryways. DESE is unable to estimate the number of each that would be required to make all schools compliant as the number of doors, buildings, etc. varies greatly district to district and some districts have instituted these measures. DESE would assume each district would need a minimum of one door lock and roll of bullet-resistant film for each building at a minimum cost of $125. The number of buildings is 2,391 plus the 57 career-technical centers multiplied by $125 for a minimum cost of $306,000. This cost would be up to an unknown amount depending on the total number of buildings and doors. DESE assumes this would be a one-time grant. Anti-intruder door locks: $50 - $200 Bullet-resistant window film: $75 - $250 per roll In response to a similar proposal, HS for HCS for HB Nos 1108 & 1181 (2023), officials from DESE state Section 160.660.1(3) requires that the state board of education shall add to the school facilities and safety criteria provisions the requirement that each school district building have bullet-resistant doors and windows on all first-floor entryways and bullet resistant glass for each exterior window large enough for an intruder to enter through. Section 160.660.2 makes this requirement subject to a specific appropriation to address school safety. The Bipartisan Safer Communities Act funding of $15 million could be used for the replacement of doors and windows made with bullet-resistant materials. However, DESE cannot require that schools use the BSCA funding on only doors and windows. There are approximately 2,200 public school buildings in Missouri. It is unknown how many currently have bullet-resistant doors and windows. It is also unknown how many doors and windows would need to be L.R. No. 3425H.03C Bill No. HCS for HB 1946 Page 5 of February 13, 2024 SAK:LR:OD replaced. A search on bullet-resistant products showed widely different costs depending on the material and size selected. DESE is unable to estimate an exact cost. The cost is unknown but DESE estimates that it could exceed $1 million. Oversight notes Section 160.663.4 (2) states each existing exterior door or entryway and interior door shall be equipped with the required anti-intruder door lock and bullet-resistant window film before July 1, 2028. Oversight notes a bullet-resistant door can range in cost from $2,500 to more than $4,000 based on a CNN article from 2019. Oversight notes the number of buildings is 2,391 plus the 57 career-technical centers in Missouri according to DESE. Oversight is uncertain how many school buildings currently have bullet-resistant doors. However, if this proposal required installing two doors per building in half of the buildings (2,448 doors), the cost is estimated to be $6,120,000 (assuming a cost of $2,500 per door). Therefore, Oversight assumes the cost for this provision could substantially exceed $6,120,000. Oversight notes Section 160.663.3 states a school district or charter school shall not be required to equip an interior door with an anti-intruder door lock or to equip the glass of an exterior door or entryway with bullet-resistant window film under this section unless the general assembly specifically appropriates moneys to cover all costs related to equipping such door or entryway with such lock or window film. Therefore, Oversight will reflect a $0 (no appropriation) to unknown that could exceed the cost of $6,120,000. Oversight notes Section 160.663.6 (2) states a school district or charter school shall develop and implement school building access policies and practices that require classroom doors with windows and adjoining sidelights be equipped with material that provides concealment of students and staff in lockdown while maintaining some limited visibility into the room for first responders. Oversight is unable to determine how many doors with windows and adjoining sidelights would need to be equipped with concealment material to meet the requirement of this provision. Therefore, Oversight will reflect a $0 (no appropriation) to an unknown cost in the fiscal note. Section 170.315 – Intruder Response Training Officials from the Department of Public Safety - Missouri Highway Patrol (MHP) anticipate an immediate (FY25) fiscal impact with the provisions in Section 170.315.6, it does anticipate an increase in tips due to the required annual training of every student in the state. The training component in House Bill 1946 would bring the Courage2Report information to every student and promote the use of the tip line. Courage2Report started in 2019, and since 2020 the tip line has had a steady increase in tip volume annually. From 2020 to 2021, there was an 80% increase in the number of tips, from 2021 to 2022 there was a 75% increase in the number of tips, and from 2022 to 2023 there was a 48% increase in the number of tips. In the future the Patrol does foresee a need for at least one (1) additional FTE to help with the increased workload based on the projected increase in tips that go beyond what current staffing can field. L.R. No. 3425H.03C Bill No. HCS for HB 1946 Page 6 of February 13, 2024 SAK:LR:OD Oversight assumes the MHP could absorb the costs related to this proposal at this time. If and when the MHP experiences an increased workload that goes beyond what current staffing can field, MHP could request funding for additional staff through the appropriation process. Oversight notes this section requires that beginning in the 2025-26 school year the Active Shooter and Intruder Response Training for Schools Program be required for teachers and school employees on an annual basis. The bill requires that initial training be eight hours and continuing training be four hours in length. Oversight assumes there could be costs for school districts if annual training is required. Oversight assumes new training, instruction or education required under state law or rules promulgated by DESE will be dependent on each school districts’ needs. Therefore, Oversight will reflect an unknown impact on the fiscal note. Responses regarding the proposed legislation as a whole In response to a previous version, officials from the Office of Attorney General (AGO) assumed any potential litigation costs arising from this proposal can be absorbed with existing resources. The AGO may seek additional appropriations if the proposal results in a significant increase in litigation or investigation. Officials from the Missouri Office of Prosecution Services, Department of Social Services, Department of Health and Senior Services, Department of Public Safety - Fire Safety, Department of Corrections, Department of Mental Health, and Department of Public Safety – Office of the Director each assume the proposal will have no fiscal impact on their organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. Officials from the Phelps County Sheriff’s Office, Kansas City Police Department, St. Louis County Police Department, and the Branson Police Department each assume the proposal will have no fiscal impact on their organizations. In response to a previous version, officials from the Eureka Fire Protection District assumed 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. Officials from the Office of the State Courts Administrator did not respond to Oversight’s request for fiscal impact for this proposal. Oversight did not receive any responses from school districts related to the fiscal impact of this proposal. Oversight has presented this fiscal note on the best current information available. Upon the receipt of additional responses, Oversight will review to determine if an updated fiscal note should be prepared and seek the necessary approval to publish a new fiscal note. Oversight only L.R. No. 3425H.03C Bill No. HCS for HB 1946 Page 7 of February 13, 2024 SAK:LR:OD 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. FISCAL IMPACT – State GovernmentFY 2025 (10 Mo.) FY 2026FY 2027GENERAL REVENUETransfer Out - DESE - bleeding control kits and school personnel training - §160.485 $0 to (Could exceed $1,511,600) $0 or (Could exceed $100,000) $0 or (Could exceed $100,000) Transfer Out – DESE - for cost of anti- intruder door locks on all interior doors, bullet-resistant window film and concealment material for doors with windows and sidelights - §160.663 $0 to (Unknown, Could exceed $6,120,000) $0 to (Unknown, Could exceed $6,120,000) $0 to (Unknown, Could exceed $6,120,000) ESTIMATED NET EFFECT ON GENERAL REVENUE $0 to (Could exceed $7,631,600) $0 or (Could exceed $6,220,000) $0 or (Could exceed $6,220,000) L.R. No. 3425H.03C Bill No. HCS for HB 1946 Page 8 of February 13, 2024 SAK:LR:OD FISCAL IMPACT – Local GovernmentFY 2025 (10 Mo.) FY 2026FY 2027SCHOOL DISTRICTS Transfer In - from state General Revenue - §160.663 $0 to Could exceed $6,120,000 0 to Could exceed $6,120,000 0 to Could exceed $6,120,000 Costs - for cost of anti-intruder door locks on all interior doors, bullet- resistant window film and concealment material for doors with windows and sidelights - §160.663 $0 to (Unknown, Could exceed $6,120,000) $0 to (Unknown, Could exceed $6,120,000) $0 to (Unknown, Could exceed $6,120,000) Transfer In - from state General Revenue - §160.485 $0 to Could exceed $1,511,600 $0 or Could exceed $100,000 $0 or Could exceed $100,000 Costs - for cost of bleeding control kits and school personnel training - §160.485 $0 to (Could exceed $1,511,600) $0 or (Could exceed $100,000) $0 or (Could exceed $100,000) Costs – training, instruction, and education - §170.315(Unknown)Unknown)(Unknown) ESTIMATED NET EFFECT ON SCHOOL DISTRICTS(Unknown)(Unknown)(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 requires school districts and charter schools to adopt a comprehensive emergency operations plan to address school safety, crises, and emergency operations. Schools must ensure a physical security site assessment annually and the Department of Elementary and Secondary Education (DESE) shall develop standards for the emergency operation plans (Section 160.480 RSMo). The bill establishes the "Stop the Bleed Act", defines "bleeding control kit" and requires DESE to develop a traumatic blood loss protocol for school personnel by January 1, 2025. L.R. No. 3425H.03C Bill No. HCS for HB 1946 Page 9 of February 13, 2024 SAK:LR:OD The bill outlines the specific requirements for the blood loss protocol which shall include a bleeding control kit be placed in areas where there is likely to be high traffic or congregation, and areas where risk of injury may be elevated. Additionally, each district must designate a school nurse or school health care provider, or if no school nurse or school health care provider is available, a school personnel member to receive annual training on the use of a blood control kit. The bill requires DESE and each school district and charter school to maintain information regarding the traumatic blood loss protocol and the Stop the Bleed national awareness campaign on their respective website (Section 160.485). The bill requires that beginning July 1, 2025, the State Board of Education (SBE) modify school safety criteria in the Missouri School Improvement Program (Section 160.660). The bill requires that school districts and charter schools equip each interior door with anti- intruder door locks and each exterior door with bullet-resistant window film. This requirement is subject to appropriations to cover all costs however, a school may receive donations, as specified in the bill. Any exterior, entryway, or interior door installed after the effective date of these provisions shall be equipped, as specified in the bill and by July 1, 2028 all schools must have all existing doors both exterior and interior equipped per the specifications in the bills, and develop and implement policies relating to access to individual classrooms and require that doors with windows and adjoining sidelights be equipped with material to cover windows during a building lockdown (Section 160.663). Currently, school districts must be notified if a petition is filed in juvenile court with specific allegations. This bill expands the current requirements to also include when a charge or indictment is filed, adds the prosecutor to the list of required notifiers, and requires such notice to be within 24 hours and reduces the requirement for a summary of facts from five days to two business days following the case disposition. The bill allows school districts to request an injunction to exclude students from educational services if there is a likelihood of danger to the safety of pupils or employees in the school district (Section 167.115). The bill authorized districts and charter schools to enter into written agreements with law enforcement on procedures for reporting criminal offenses outlined in the bill and allows for certain offenses for students under 11 years of age to be reported to the Children's Division, within the Department of Social Services (Section 167.117). The bill requires that cardiopulmonary resuscitation training be required for school district and charter school employees (Section 167.624). The bill requires that beginning in the 2025-26 school year the Active Shooter and Intruder Response Training for Schools Program be required for teachers and school employees on an L.R. No. 3425H.03C Bill No. HCS for HB 1946 Page 10 of 10 February 13, 2024 SAK:LR:OD annual basis. The bill requires that initial training be eight hours and continuing training be four hours in length. Currently, public schools are required to foster an environment where students feel comfortable reporting a potentially threatening or dangerous situation with an adult. This bill adds the requirement that schools must annually provide age-appropriate information on the Missouri State Highway Patrol's Courage2ReportMO reporting mechanism. Beginning with the 2025-26 school years schools must annually hold active shooter exercises in which students, teachers, and school employees participate and practice the procedures for safety and protection to be implemented under such conditions. (Section 170.315). This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. SOURCES OF INFORMATION Department of Elementary and Secondary Education Department of Public Safety Attorney General’s Office Department of Health and Senior Services Department of Mental Health Department of Corrections Office of the Secretary of State Joint Committee on Administrative Rules Department of Social Services Missouri Office of Prosecution Services Phelps County Sheriff’s Office Kansas City Police Department St. Louis County Police Department Branson Police Department Eureka Fire Protection District Henry County R-1 School District Maries County R-1 School District Julie MorffRoss StropeDirectorAssistant DirectorFebruary 13, 2024February 13, 2024