LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 22, 2001 TO: Honorable Paul Sadler, Chair, House Committee on Public Education FROM: John Keel, Director, Legislative Budget Board IN RE: HB14 by Corte (Relating to the expulsion of students for assault of school employees.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB14, As Introduced: positive impact of $21,600,000 through the * * biennium ending August 31, 2003. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $10,800,000 * * 2003 10,800,000 * * 2004 10,800,000 * * 2005 10,800,000 * * 2006 10,800,000 * **************************************************** All Funds, Five-Year Impact: ***************************************************** * Fiscal Year Probable Savings/(Cost) from * * Foundation School Fund * * 0193 * * 2002 $10,800,000 * * 2003 10,800,000 * * 2004 10,800,000 * * 2005 10,800,000 * * 2006 10,800,000 * ***************************************************** Fiscal Analysis This bill amends Sections 37.006(a) and 37.007(a) of the Texas Education Cod. Section 37.006(a), which currently states that a student must be removed from the classroom and placed in an alternative education program (AEP), if the student, while on school property or attending a school-sponsored or school-related activity on or off of school property, engages in certain types of misconduct. The new language requires AEP placement for misconduct that contains elements of the offense of assault pursuant to Section 22.01(a)(1) of the Penal Code, provided that the victim is not a public school employee. That section of the penal code defines assault as causing bodily injury to another person. Section 37.007(a) is amended so that a student must be expelled for these same types of offenses if the victim is public school employee. This legislation would take effect in the 2001-02 school year. Methodology Expelled students are generally not eligible for funding through the Foundation School Program (FSP). If each of the 4,000 assaults reported by the Texas Education Agency resulted in expulsion for 90 school days (1/2 year), this would equate to a reduction of 2,000 students in average daily attendance. At an average FSP funding amount is $5,400 per student, the reduction in cost to the state would be $10.8 million. If a school district is in a county with a population of more than 125,000, an expelled student would become a mandatory placement in a Juvenile Justice Alternative Education Program. These programs are funded through a set-aside within the Foundation School Program's compensatory education program, and are therefore not an additional cost to the state. Local Government Impact The bill would require that school districts expel students that assault school employees. The result would be lower Foundation School Program revenue to a district as the result of expulsions, and possibly lower alternative education program costs to the school district. Source Agencies: 701 Texas Education Agency, 665 Texas Juvenile Probation Commission LBB Staff: JK, CT, PF, RN