LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 29, 2013 TO: Honorable Dan Patrick, Chair, Senate Committee on Education FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB420 by West (Relating to disproportionate discretionary disciplinary action by school districts against students of a particular race or students enrolled in a special education program.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB420, As Introduced: a negative impact of ($383,977) through the biennium ending August 31, 2015. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 29, 2013 TO: Honorable Dan Patrick, Chair, Senate Committee on Education FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB420 by West (Relating to disproportionate discretionary disciplinary action by school districts against students of a particular race or students enrolled in a special education program.), As Introduced TO: Honorable Dan Patrick, Chair, Senate Committee on Education FROM: Ursula Parks, Director, Legislative Budget Board IN RE: SB420 by West (Relating to disproportionate discretionary disciplinary action by school districts against students of a particular race or students enrolled in a special education program.), As Introduced Honorable Dan Patrick, Chair, Senate Committee on Education Honorable Dan Patrick, Chair, Senate Committee on Education Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board SB420 by West (Relating to disproportionate discretionary disciplinary action by school districts against students of a particular race or students enrolled in a special education program.), As Introduced SB420 by West (Relating to disproportionate discretionary disciplinary action by school districts against students of a particular race or students enrolled in a special education program.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB420, As Introduced: a negative impact of ($383,977) through the biennium ending August 31, 2015. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Estimated Two-year Net Impact to General Revenue Related Funds for SB420, As Introduced: a negative impact of ($383,977) through the biennium ending August 31, 2015. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2014 ($198,951) 2015 ($185,026) 2016 ($184,961) 2017 ($184,961) 2018 ($184,961) 2014 ($198,951) 2015 ($185,026) 2016 ($184,961) 2017 ($184,961) 2018 ($184,961) All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 2014 ($198,951) 2015 ($185,026) 2016 ($184,961) 2017 ($184,961) 2018 ($184,961) Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 2014 ($198,951) 2015 ($185,026) 2016 ($184,961) 2017 ($184,961) 2018 ($184,961) 2014 ($198,951) 2015 ($185,026) 2016 ($184,961) 2017 ($184,961) 2018 ($184,961) Fiscal Year Change in Number of State Employees from FY 2013 2014 2.0 2015 2.0 2016 2.0 2017 2.0 2018 2.0 Fiscal Analysis The bill would require the Texas Education Agency (TEA) to determine whether a school district appears to be taking discretionary disciplinary action, including suspension, expulsion, placement in a disciplinary alternative education program or juvenile justice alternative education program, or any other disciplinary action reported through the Public Education Information Management System, against a disproportionate number of students of a particular race or who are enrolled in a special education program. On determining that a school district is taking discretionary disciplinary action disproportionately, TEA would be required to notify the district of the determination, obtain any additional relevant information, require the district to submit a remediation plan for approval by TEA, and require the district to implement the approved remediation plan. The bill would authorize a district to request technical assistance from the Center for Elimination of Disproportionality and Disparities at no charge to the district. The bill would require TEA to monitor the implementation of any remediation plan. Methodology Based on information provided by the Health and Human Services Commission, this analysis assumes the agency would need to hire an additional two full-time equivalents (FTEs) to provide technical assistance through requests received by the Center for Elimination of Disproportionality and Disparities. The estimated cost for these FTEs would be $198,951 in fiscal year 2014 and $185,026 in fiscal year 2015, inclusive of salary, benefits, and travel costs. Based on information provided by TEA, any costs incurred by the agency related to implementing the provisions of the bill could be absorbed within existing resources. Fiscal Year Change in Number of State Employees from FY 2013 2014 2.0 2015 2.0 2016 2.0 2017 2.0 2018 2.0 2014 2.0 2015 2.0 2016 2.0 2017 2.0 2018 2.0 Fiscal Analysis The bill would require the Texas Education Agency (TEA) to determine whether a school district appears to be taking discretionary disciplinary action, including suspension, expulsion, placement in a disciplinary alternative education program or juvenile justice alternative education program, or any other disciplinary action reported through the Public Education Information Management System, against a disproportionate number of students of a particular race or who are enrolled in a special education program. On determining that a school district is taking discretionary disciplinary action disproportionately, TEA would be required to notify the district of the determination, obtain any additional relevant information, require the district to submit a remediation plan for approval by TEA, and require the district to implement the approved remediation plan. The bill would authorize a district to request technical assistance from the Center for Elimination of Disproportionality and Disparities at no charge to the district. The bill would require TEA to monitor the implementation of any remediation plan. The bill would require the Texas Education Agency (TEA) to determine whether a school district appears to be taking discretionary disciplinary action, including suspension, expulsion, placement in a disciplinary alternative education program or juvenile justice alternative education program, or any other disciplinary action reported through the Public Education Information Management System, against a disproportionate number of students of a particular race or who are enrolled in a special education program. On determining that a school district is taking discretionary disciplinary action disproportionately, TEA would be required to notify the district of the determination, obtain any additional relevant information, require the district to submit a remediation plan for approval by TEA, and require the district to implement the approved remediation plan. The bill would authorize a district to request technical assistance from the Center for Elimination of Disproportionality and Disparities at no charge to the district. The bill would require TEA to monitor the implementation of any remediation plan. Methodology Based on information provided by the Health and Human Services Commission, this analysis assumes the agency would need to hire an additional two full-time equivalents (FTEs) to provide technical assistance through requests received by the Center for Elimination of Disproportionality and Disparities. The estimated cost for these FTEs would be $198,951 in fiscal year 2014 and $185,026 in fiscal year 2015, inclusive of salary, benefits, and travel costs. Based on information provided by TEA, any costs incurred by the agency related to implementing the provisions of the bill could be absorbed within existing resources. Based on information provided by the Health and Human Services Commission, this analysis assumes the agency would need to hire an additional two full-time equivalents (FTEs) to provide technical assistance through requests received by the Center for Elimination of Disproportionality and Disparities. The estimated cost for these FTEs would be $198,951 in fiscal year 2014 and $185,026 in fiscal year 2015, inclusive of salary, benefits, and travel costs. Based on information provided by TEA, any costs incurred by the agency related to implementing the provisions of the bill could be absorbed within existing resources. Local Government Impact A school district required to submit and implement a remediation plan would incur additional administrative costs, although these costs would vary. Source Agencies: 529 Health and Human Services Commission, 701 Central Education Agency 529 Health and Human Services Commission, 701 Central Education Agency LBB Staff: UP, JBi, JSc, AH UP, JBi, JSc, AH