LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION
 
April 11, 2007

TO:
Honorable Rob Eissler, Chair, House Committee on Public Education
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2532 by Patrick (Relating to the expulsion and placement in alternative settings of public school students who engage in conduct constituting certain felonies.), As Introduced

No fiscal implication to the State is anticipated.

The bill would allow a school district to expel a student after a hearing if the student is charged with, referred to a juvenile court, placed on deferred prosecution or adjudicated delinquent for a Title 5 Penal Code felony offense regardless of whether the conduct occurred on school campus or at a school related event. 
 
If the student is expelled, the student is required to be placed in a juvenile justice alternative education program (JJAEP), if the school district is located a county with a JJAEP, or a disciplinary alternative education program (DAEP).
 
The bill requires that if a student is expelled and placed in a JJAEP under this section the student will remain in the JJAEP until graduation or until the charges are dismissed or reduced to a misdemeanor offense. 


Local Government Impact

The bill would increase discretionary placements in JJAEPs.  The Texas Juvenile Probation Commission (TJPC) estimates that student attendance days in JJAEPs would increase by 296,203 in FY 2008 and 1,198,407 in FY 2009 based on the provisions of the bill.  At the  average cost of operating a JJAEP of $125 per student attendance, the estimated cost to counties and school districts would be $37 million in FY2008 and $150 million in FY2009.  To the extent that actual local operating costs are higher, additional local costs may be incurred and would be expected to vary widely.  Students who are enrolled in JJAEP programs who do not meet specific mandatory expulsion criteria continue to generate funding through average daily attendance under the Foundation School Program.  Thus, local costs noted would be offset to some degree with Foundation School Program aid generated by the attendance of affected students.



Source Agencies:
665 Juvenile Probation Commission, 701 Central Education Agency
LBB Staff:
JOB, JSp, UP, JSc