LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION

May 5, 2003

TO:	Honorable Kent Grusendorf, Chair, House Committee on Public Education
FROM:	John Keel, Director, Legislative Budget Board
IN RE:	HB442 by Talton (Relating to the placement of public school students who engage in conduct that contains the elements of certain sexual offenses. ), Committee Report 1st House, Substituted

No fiscal implication to the State is anticipated.

The bill would prohibit a student who has been adjudicated, placed on deferred prosecution, or placed on probation for indecency with a child, sexual assault, or aggravated sexual assault from being placed in a regular classroom or on a regular campus while the student is enrolled in a public school in Texas.  The prohibition would apply regardless of whether the offense occurred off school property or on school property or while attending a school-sponsored or school-related activity.

Students placed in alternative settings within school districts are funded in the same manner by the state as students in traditional settings, and thus there is no impact to state costs.

Local Government Impact

No significant fiscal implication to units of local government is anticipated. To the extent that placements in an off-campus disciplinary alternative education program or other allowed setting are more expensive than service provided in the regular classroom or on a regular campus, school districts affected by this provision would be subject to additional costs.  The Texas Education Agency estimates that the additional cost is approximately $3.2-$4 million per biennium.

Source Agencies:

665 Juvenile Probation Commission, 694 Youth Commission, 701 Central Education Agency

LBB Staff:

JK, CT, UP, PQ