LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session April 28, 1999 TO: Honorable Teel Bivins, Chair, Senate Committee on Education FROM: John Keel, Director, Legislative Budget Board IN RE: SB1380 by Shapleigh (Relating to review of criminal history records of persons seeking educator certification or employment in a public school or persons seeking to volunteer in a public school), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB1380, As Introduced: positive impact of $1,783,674 through the * * biennium ending August 31, 2001. * * * * 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 * * 2000 $(2,352,913) * * 2001 4,136,587 * * 2002 4,136,587 * * 2003 4,134,817 * * 2004 4,136,587 * **************************************************** All Funds, Five-Year Impact: ************************************************************************** *Fiscal Probable Probable Revenue Change in Number of * * Year Savings/(Cost) from Gain/(Loss) from State Employees from * * General Revenue Fund General Revenue Fund FY 1999 * * 0001 0001 * * 2000 $(5,952,913) $3,600,000 34.0 * * 2001 (1,113,413) 5,250,000 34.0 * * 2002 (1,113,413) 5,250,000 34.0 * * 2003 (1,115,183) 5,250,000 34.0 * * 2004 (1,113,413) 5,250,000 34.0 * ************************************************************************** Technology Impact The bill would require a significant expansion of the Automated Fingerprint Identification System of the Department of Public Safety (DPS). Additional technology costs would be limited to personal computers and associated equipment for new staff. Total technology impact is estimated at $4,892,914 during fiscal year 2000. Fiscal Analysis The bill would require the State Board for Educator Certification (SBEC) to obtain, from the FBI and DPS, criminal history information on all applicants for or holder of an educator certificate. It would authorize the Board to collect a fee from the individual. The bill would also require school districts to obtain from the FBI and DPS all national and state criminal history information on individuals the district intends to employ in any capacity as well as individuals who indicate in writing their intent to serve as a volunteer. It would authorize districts to collect a fee from an employee or potential employee, but not from a volunteer. Methodology DPS currently conducts 55,000 criminal history checks per year at the request of SBEC. Conducting a national check through the FBI requires collecting a full set of fingerprints from the individual. The cost of conducting the state check is $15; the FBI check costs $25. SBEC will charge applicants a fee to offset these costs. It is estimated that 70,000 record checks for Educator Certification and 170,000 for Independent School Districts would be received the first year. This will generate revenue of $3,600,000 ($15 x 240,000) for the General Revenue Fund. It is estimated a total of 350,000 fingerprint cards would be received in subsequent years for a total of $5,250,000 ($15 x 350,000) to the General Revenue Fund. DPS would have to significantly expand the capacity of the Automated Fingerprint Identification System (AFIS) in order to process, in a timely manner, the projected number of fingerprint cards that would be required by the bill. Costs for additional hardware and storage capacity for AFIS are estimated at $4,875,806 in fiscal year 2000. The bill would also require an additional 34 full-time equivalent employees in DPS to process the record checks and fees: 15 Fingerprint Technicians III, 6 Data Technicians I, 2 Accounting Clerks III, 3 Administrative Technicians II, 2 Administrative Technicians I, 4 Clerks III, and two Microfilm Camera Operators II. For purposes of estimating the impact of Section 2 of the bill, SBEC estimates that approximately 96,000 educators move from one district to another each year. We do not know how many non-educator employees or volunteers are hired each year. Based on the experience of other states, approximately 6-10 percent will leave the profession rather than submit fingerprints. Currently, approximately 10 percent of the checks on educators result in a "hit" that must be investigated by SBEC staff. Under existing reporting requirements, superintendents that learn of an educator's criminal history must report that information to SBEC. Local Government Impact No significant fiscal implication to units of local government is anticipated. Fees collected from applicants and certificate holders would cover the costs of the record checks. Source Agencies: 405 Department of Public Safety LBB Staff: JK, CT, VS, RN