LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 24, 1997
TO: Honorable Teel Bivins, Chair IN RE: Senate Bill No. 598, Committee Report 1st House, Substituted
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-Committee Report 1st House, Substituted
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:
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