HB 448 - SB 1163 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly February 22, 2025 Fiscal Analyst: Alan Hampton | Email: alan.hampton@capitol.tn.gov | Phone: 615-741-2564 HB 448 - SB 1163 SUMMARY OF BILL: Requires, instead of encourages, local education agencies (LEAs) and public charter schools to incorporate evidence-based skills training on positive behavioral interventions and supports, conflict prevention, functional behavior assessments, de-escalation, and conflict management into its behavior intervention training program. Requires at least two hours of such training each school year for teachers and authorizes the training received to be applied toward in-service training requirements. FISCAL IMPACT: OTHER FISCAL IMPACT Requiring local education agencies to incorporate a mandatory training program for employees may result in an increase in local expenditures. However, due to multiple unknown factors, the extent and timing of any future mandatory local fiscal impact cannot be determined with certainty. Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure requirements on cities or counties unless the General Assembly shall provide that the state share in the cost. Assumptions: • Pursuant to Tenn. Code Ann. § 49-10-1304(a), for a student receiving special education services, isolation or a physical holding restraint may only be used in emergency situations. • Pursuant to Tenn. Code Ann. § 49-10-1304(j)(1), a local board of education is encouraged to incorporate certain components into its behavior intervention training program, including evidence-based techniques shown to be effective in the prevention of isolation and physical holding restraints; the proposed legislation requires such training. • Most LEAs that currently utilize a behavior intervention training program use one of the three following providers: Therapeutic Crisis Intervention, Handle with Care, and Crisis Prevention Institute. Each of these training programs includes a component that is focused on implementing proper restraint and isolation techniques. • It is unknown if there are other providers that offer training in evidence-based techniques shown to be effective in the prevention of isolation and physical holding restraints or whether the currently used providers could modify existing training programs. • Based on existing provider programs the length and cost of the training varies widely. The per-participant per-hour cost ranges from $19 to $243. HB 448 - SB 1163 2 • The proposed legislation does not specify the number of employees per LEA that must receive the training. Therefore, the number of employees that do receive the training will vary across LEAs. • For purposes of this analysis, it is assumed that the required training will cost $50 per employee per hour. If an LEA selected 10 employees to receive the training, the mandatory increase in local expenditures will be $1,000 (10 participants x 2 hours x $50 per employee). • It is unknown if LEAs that are currently incorporating the required training would experience a reduction in expenditures by participating in a different training program or through modification of a training program by an existing provider. • Due to multiple unknown factors, including the number of affected LEAs, the number of employees that may participate in training, and the cost of providing such training, the extent and timing of any future local fiscal impact cannot be determined with certainty. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director