Honorable James White, Chair, House Committee on Corrections
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB3015 by Talarico (relating to educational programs provided by the Windham School District in the Texas Department of Criminal Justice for certain inmates.), Committee Report 1st House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for HB3015, Committee Report 1st House, Substituted: a negative impact of ($13,305,464) through the biennium ending August 31, 2021.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Fiscal Year
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2020
($6,652,732)
2021
($6,652,732)
2022
($6,652,732)
2023
($6,652,732)
2024
($6,652,732)
Fiscal Year
Probable (Cost) from General Revenue Fund 1
2020
($6,652,732)
2021
($6,652,732)
2022
($6,652,732)
2023
($6,652,732)
2024
($6,652,732)
Fiscal Analysis
The bill would amend the Education Code as it relates to educational requirements for certain offenders. The bill would require Windham School District (WSD) to provide educational courses as provided by Education Code, Section 28.002, to offenders under the age of 19. According to the Texas Department of Criminal Justice (TDCJ), the agency would coordinate with (WSD) to provide educational services consistent with the requirements of this bill.
TDCJ indicates that WSD would have to expand the educational programming offered to include a high school program in order to comply with the provisions of the bill. According to TDCJ, this designation change will require WSD to be in compliance with federal law requiring all special education students under the age of 22 to receive a free appropriate public education.
The annual fiscal impact to serve offenders under 19 and comply with federal law would be $6,652,732; however, the fiscal impact would vary based on the applicable correctional population.
The bill would take effect September 1, 2019.
Methodology
According to WSD, the fiscal impact of providing high school level courses is approximately $7,289 per average daily attendance per year. The fiscal impact of special education high school courses is approximately $19,933 per average daily attendance per year. TDCJ reports that there are currently 283 offenders under the age of 19 without a high school diploma, and that two would require special education programing.
According to WSD, it would cost approximately $2,048,209 per fiscal year to provide high school programing to 281 offenders at a cost of $7,289 each year. The fiscal impact of providing special education programing to 2 offenders at a cost of $19,933 per year would be $39,866.
Additionally, TDCJ reports that 229 students under the age of 22 would require special education services. The cost to provide special education high school programming to 229 offenders at $19,933 each would be $4,564,657 per fiscal year.
The Texas Education Agency anticipates that the fiscal impact will not be significant.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
696 Department of Criminal Justice, 701 Texas Education Agency