LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 10, 2001 TO: Honorable Teel Bivins, Chair, Senate Committee on Education FROM: John Keel, Director, Legislative Budget Board IN RE: HB2879 by Sadler (Relating to public school finance.), As Engrossed ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB2879, As Engrossed: negative impact of $(1,105,200,000) through * * the biennium ending August 31, 2003. * * * * 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 * * 2002 $(357,800,000) * * 2003 (747,400,000) * * 2004 (777,800,000) * * 2005 (791,900,000) * * 2006 (810,800,000) * **************************************************** All Funds, Five-Year Impact: ***************************************************** * Fiscal Year Probable Savings/(Cost) from * * Foundation School Fund * * 0193 * * 2002 $(357,800,000) * * 2003 (747,400,000) * * 2004 (777,800,000) * * 2005 (791,900,000) * * 2006 (810,800,000) * ***************************************************** Fiscal Analysis The bill makes substantive changes to the Foundation School Program. Section 1 and 2 of the bill increase the equalized wealth level from $295,000 to $298,000 in 2002 and $303,000 in 2003. Section 3 of the bill allows certain districts not serving all grades to exercise an option to have their wealth per-student adjusted in order to maintain a 1999-2000 amount of state and local revenue. The provision expires September 1, 2004. Section 4 of the bill provides an additional mechanism for the computation of the compensatory education allotment entitlement. It directs that the commissioner develop a rule to calculate educationally disadvantaged students in districts with no campuses participating in the federal free or reduced lunch program. Section 5 of the bill amends the calculation for determining additional state aid for professional staff salaries eligibility. The bill directs that 2002-03 district funding changes due to the equalized wealth level, basic allotment or guaranteed yield are taken into account when calculating whether a district must spend 80% of additional funds on the required teacher salary increase from the 2000-01 biennium. Sections 6 and 7 of the bill increases the tier II guaranteed yield to $25.75 in 2002 and to 27.14 in 2003. Section 8 directs that the yield for the Instructional Facilities Allotment (IFA) be $25 per ADA for any state aid first received on or after September 1, 2001. All previous issuances retain the current law $35 per ADA yield. The section also expands the definition of what may be counted as the local share of the instructional Facilities Allotment. Section 9 and 13 prohibit districts from receiving state aid under both chapters 42 (operations) and 46 (facilities) for the same tax effort. Section 10 expands the definition of what may be counted as the local share of the Existing Debt Allotment. Section 11 refines the definition of eligible Existing Debt Allotment debt. Section 12 of the bill increases the limit on the number of pennies of eligible debt that may be covered under the Existing Debt Allotment (EDA) from $0.12 to $0.29 per $100 of valuation. Section 14 repeals two provisions: it repeals Section 42.152 (t) which directs the commissioner of education to reduce the effective tier II yield in order to ensure that the calculation of weighted students is not impacted by set-asides from the Foundation School Program. Section 46.034 (d) is also repealed; this section allows the commissioner to extend the number of pennies in the EDA if funds are available. Methodology Section 1 and 2 increasing the Equalized Wealth Level has an estimated fiscal impact of $21 million in 2002 and $57 million in 2003. Section 3 of the bill holds harmless for three years certain property-wealthy school districts. Eligible districts may not teach all twelve grades, and must forego any credit for tuition paid against recapture expenses, and change in the taxable value of property used to compute state aid that results from recognition of tuition paid. The revenue hold harmless may not involve direct state aid payment. For the current school year, about a dozen districts are eligible for some tuition credit against recapture costs under current law. This bill would reduce the amount of recapture for such districts, but also reduce the credits awarded against recapture. An analysis of the implications of changing the law indicates a reduction in revenues from recapture of $11 million for the biennium. Section 4 increases the number of students who many be counted in computing a districts entitlement for the compensatory education allotment and therefore creates a cost to the Foundation School Program. The Texas Education agency estimates that 1,796 students were identified as low-income by the 81 school districts and charter schools which do not participate in the free or reduced price lunch program. Those districts educate a total of nearly 13,000 students. The estimated compensatory education allotment per student in the 81 districts in question is about $700. In addition, the increase to weighted pupils created by the allotment would generate an additional $400 per student in tier II. While the wording of a commissioner's rule implementing the provision is not known at this time and may impact the actual cost of the bill, it is estimated that based on the data above that the provision would cost approximately $2 million per year. Section 5 of the bill amends current law to stipulate that only districts receiving assistance under the section in 2000-01 are eligible for payments in 2002-03. The provision generally provides state assistance to certain districts who would not otherwise generate sufficient state aid to meet the requirements of the $3,000 per teacher pay raise enacted by the 76th legislature. The increase to the guaranteed yield and equalized wealth level in this bill flow additional state aid (or reduce recapture requirements) and therefore the cost of the provision is reduced. The Texas Education Agency estimates a savings to the state of approximately $11 million in 2002 and $15 million in 2003. Section 6 and 7 of the bill increases the guaranteed yield in tier II from $24.99 to $25.75 in 2002 and $27.14 in 2003. The net effect of this section, along with the repeal of 42.152 (t) (Section 11) results in a cost to the state of $954.3 million for the 2002-03 biennium. The extension of the number of pennies of debt eligible for the Existing Debt Allotment (Section 12) is estimated to generate an additional $84 million in state aid for the 2002-03 biennium for districts with eligible debt. Local Government Impact The provisions of the bill generally increase state aid available to local school districts. Source Agencies: 701 Texas Education Agency LBB Staff: JK, CT, UP