COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3622H.02I Bill No.:HB 2287 Subject:Department of Elementary and Secondary Education; Education, Elementary and Secondary; Children and Minors Type:Original Date:January 21, 2024Bill Summary:This proposal modifies provisions related to the Virtual School Program. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027 *General Revenue More or Less than $1,593,686 More or Less than $1,696,460 More or Less than $1,695,797 Total Estimated Net Effect on General Revenue More or Less than $1,593,686 More or Less than $1,696,460 More or Less than $1,695,797 *Oversight assumes there could be a savings that exceeds $250,000 to the foundation formula depending on the school districts involved, host district’s attendance rate and local contributions. Oversight notes the net effect to General Revenue is based on the current host districts in FY 2023 but can vary greatly year to year. 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. 3622H.02I Bill No. HB 2287 Page 2 of January 21, 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 2027 Local Government More or Less than ($1,722,962) More or Less than ($1,722,962) More or Less than ($1,722,962) L.R. No. 3622H.02I Bill No. HB 2287 Page 3 of January 21, 2024 SAK:LR:OD FISCAL ANALYSIS ASSUMPTION Section 161.670 - Virtual School Program Officials from Department of Elementary and Secondary Education (DESE) assume the proposed legislation calculates the average daily attendance of a full-time virtual student “as if the pupil's attendance percentage equaled the host district's or charter school's prior-year average attendance percentage, and the provisions of section 162.1250 shall not apply to such funding calculation.” The host districts’ prior-year average attendance percentages for 2022-2023 were (Legislation, as written, does not define how prior year attendance is calculated. DESE assumes the current calculation will continue.): District Sum of Regular Hours Attended Sum of Attendance Plus Absent Hours Attendance % for in- person students Sturgeon R-V406,004.50435,859.7393% Springfield R-XII21,848,959.5524,107,605.9591% Lee’s Summit R-VII17,470,097.8118,645,832.2594% Grandview R-II545,260.12584,744.1893% Laquey R-V580,434.75637,941.0891% Mehlville R-IX9,527,122.5910,269,205.4193% Below is the amount each Host School received in FY 2023: 2023 Host District Payments for MOCAP Student AttendanceDistrictAnnualized Payment Amount Sturgeon R-V$7,003,355.06 Springfield R-XII$2,550,000.00 Lee’s Summit R-VII$44,625.00 Grandview R-II$12,794,625.00 Laquey R-V$1,542,750.00 Mehlville R-IX$573,750.00 L.R. No. 3622H.02I Bill No. HB 2287 Page 4 of January 21, 2024 SAK:LR:OD The below table demonstrates state allocation for 2023 if prior-year average attendance percentage had been used in place of the 94% virtual student attendance percentage: District Calculated ADA FY 2023 Host School Payment FY 2023 Recalculated Host School Payment Using Lower Attendance Percentage Difference Sturgeon R-V1019.28$7,633,843.84$6,497,910.00($1,135,933.84)Springfield R-XII474.11$3,032,351.63$3,022,451.25($9,900.38)Lee’s Summit R- VII 7.99$69,423.11$50,936.25($18,486.86) Grandview R-II1873.485$12,221,635.54$11,943,466.88($278,168.66)Laquey R-V188.825$1,400,534.59$1,203,759.38($196,775.22)Mehlville R-IX73.47$552,066.08$468,371.25($83,694.83) DESE assumes changes to the Missouri Course Access Program (MOCAP) program may result in decreased ADA claimed as part of the Foundation Formula dependent upon the provider and attendance. This may result in a savings up to $1,722,962. Officials from the Office of Administration – Information Technology (ITSD) state it is assumed that every new IT project/system will be bid out because all ITSD resources are at full capacity. This proposal discusses the calculation of the average daily attendance for full-time virtual students, as calculated in the host district or charter school. The foundation formula is where this calculation is made. It's assumed host and charter school funding calculations in the Foundation Formula are in operable state and can withstand the addition or modifications in this proposal. It's assumed the language of resident and host school reimbursement are also factors that that need considered/estimated. It's also assumed the language about MSIP and DESE cyclic data reporting requirements present no changes to the MSIP or data collection DESE/ITSD do currently. ITSD assumes there will be modifications made to the foundation formula calculation. ITSD estimates the project would take 1,231.20 hours at a contract rate of $105 for a total cost of $129,276 in FY 2025 with on-going support costs of $26,502 in FY 2026, and $27,165 in FY 2027. Oversight notes, currently, the attendance of a student enrolled in virtual course shall equal ninety-four percent of the hours of attendance possible (§162.1250.3). Oversight assumes this proposal would change the attendance calculation to equal the host district’s or charter school’s prior-year average attendance percentage. According to the 2023 Annual Report – Missouri Course Access and Virtual School Program there were 3,831 virtual students. L.R. No. 3622H.02I Bill No. HB 2287 Page 5 of January 21, 2024 SAK:LR:OD Oversight assumes the impact to the foundation formula (if fully funded) would depend on the school districts involved, host district’s attendance rate and local contributions; therefore, Oversight will show an impact of more or less than the $1,722,962 savings as estimated by DESE with corresponding gains or losses to the school districts. Oversight received no 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 listing of political subdivisions included in the Missouri Legislative Information System (MOLIS) database is available upon request. FISCAL IMPACT – State GovernmentFY 2025 (10 Mo.) FY 2026FY 2027GENERAL REVENUECosts - DESE/OA-ITSD - modifications to the foundation formula §161.670($129,276)($26,502)($27,165) Costs/Savings - DESE - changes to the foundation formula call §161.670 More or Less than $1,722,962 More or Less than $1,722,962 More or Less than $1,722,962 ESTIMATED NET EFFECT ON GENERAL REVENUE More or Less than $1,593,686 More or Less than $1,696,460 More or Less than $1,695,797 FISCAL IMPACT – Local GovernmentFY 2025 (10 Mo.) FY 2026FY 2027PUBLIC SCHOOLS Costs/Savings - changes to the foundation formula call §161.670 More or Less than ($1,722,962) More or Less than ($1,722,962) More or Less than ($1,722,962) ESTIMATED NET EFFECT ON PUBLIC SCHOOLS More or Less than ($1,722,962) More or Less than ($1,722,962) More or Less than ($1,722,962) L.R. No. 3622H.02I Bill No. HB 2287 Page 6 of January 21, 2024 SAK:LR:OD FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION As specified in bill, the average daily attendance of a student who is enrolled full-time in the Missouri Course Access and Virtual School Program shall be calculated as if such attendance equaled the host district's average attendance percentage for the previous year. Host districts that enroll one or more full-time virtual school students shall receive an amount of state aid specified in the bill for such students on a monthly basis. The bill provides that students who reside in Missouri may enroll in the virtual program of their choice. Provisions of current law regarding a school district's approval of a student's request to enroll in a virtual program shall not apply to full-time virtual program enrollment. The bill requires host districts to adopt student enrollment policies for full-time virtual students and allows virtual schools to mutually agree with resident and host districts on the services that the resident district might offer, including possible financial reimbursements for those services. For students with disabilities, the enrollment policy shall ensure the development of an individualized education program and related services agreement, as necessary. The bill also specifies that student progress reports are necessary only for part-time virtual school program enrollees. The bill requires a student's parent or guardian, if the student is not considered homeless, to apply for enrollment directly with the full-time virtual program. Finally, the bill specifies that a host district may contract with a provider to perform any required services involved with delivering a full-time virtual education. 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 Julie MorffRoss StropeDirectorAssistant DirectorJanuary 21, 2024January 21, 2024