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
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* 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. *
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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 *
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All Funds, Five-Year Impact:
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* 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