LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session February 25, 1997 TO: Honorable Teel Bivins, Chair IN RE: Senate Bill No. 598 Committee on Education By: Wentworth Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB598 ( Relating to the expulsion or placement in alternative education programs of public school students who assault school employees, officers, or volunteers.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB598-As Introduced Implementing the provisions of the bill would result in a net positive impact of $10,074,400 to General Revenue Related Funds through the biennium ending August 31, 1999. The bill would include the offense of assault as a behavior for which a student may be placed in an alternative education program or for which a student may be expelled, including offenses of assault against public school personnel. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Fiscal Analysis Under the current Education Code, districts are required to place students in a district alternative education program (AEP) for committing a felony assault. The bill would add provision for permitting districts also to place students in an AEP for misdemeanor assault, or to expel students from school for either felony or misdemeanor assault, and would make provision for assault-related offenses against school personnel under the Penal Code. Student expulsions that do not require juvenile justice or other alternative education programs could reduce costs to the Foundation School Program as a result of reduced attendance in regular or alternative education programs. The bill would permit but not require expulsions. Methodolgy No data is available on placement of students in alternative education programs for the offense of assault. During 1995-96 districts reported a total of 16,132 students in AEPs for on-campus felony offenses related to assault, controlled substances, or certain offensive public behaviors, as required under the Safe Schools statute. Additional data from the TEA report filed for the federal programs under the 1995-96 Safe and Drug-Free Schools and Communities Act shows a statewide total of 4,112 assaults against teachers or staff. Incidents of school-related gang violence totaled 5,750; incidences of assaults against other students totaled 47,942. For the purposes of conservative estimates on this bill, student assaults against teachers or other school staff will be assumed as the type of assaults for which students might be expelled by a school district; and, it is assumed that, statewide, the number of assaults totaled represents the actual number of students committing the assaults. To estimate the effect of reduced attendance due to student expulsions, a typical student would generate a funding requirement for approximately $4,900 per year. If it is presumed that expulsions would occur at any point during the year, then the average reduced attendance which would result from this bill will be estimated at half a school year, or 90 days. The annual savings, therefore, would average about $2,450 per student expelled. Assuming a district expulsion rate of 50%, then half of the students committing assault against teachers (2,056) would be expelled for half of the school year ($2,450 per pupil expelled) to total approximately $5,037,200 in annual savings. For the purposes of this estimate, total savings are attributed to the state; at the local level, significant savings are to be realized per student costs in alternative education programs. The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Five Year Impact: Fiscal Year Probable Savings/(Cost) from Foundation School Fund 0193 1998 $5,037,200 1998 5,037,200 2000 5,037,200 2001 5,037,200 2002 5,037,200 Net Impact on General Revenue Related Funds: The probable fiscal implication to General Revenue related funds during each of the first five years is estimated as follows: Fiscal Year Probable Net Postive/(Negative) General Revenue Related Funds Funds 1998 $5,037,200 1999 5,037,200 2000 5,037,200 2001 5,037,200 2002 5,037,200 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. Some savings to units of local government could be realized based on local school district costs for alternative education programs, from which students are more likely to be expelled than from regular education programs. For example, based on 1994-95 Public Education Information Management System (PEIMS) data, alternative campus total operating costs in school districts across Harris County ranged from $6000 to over $32,000 per student enrolled (not including special education). Therefore, student expulsions from AEPs in some districts could represent significant savings. Source: Agencies: 701 Texas Education Agency - Administration 665 Juvenile Probation Commission LBB Staff: JK ,LP ,TH