LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
 
April 4, 2023

TO:
Honorable Brad Buckley, Chair, House Committee on Public Education
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB11 by Dutton (Relating to the rights, certification, and compensation of public school educators, including financial and other assistance provided to public schools by the Texas Education Agency related to public school educators and to certain allotments under the Foundation School Program.), As Introduced


Estimated Two-year Net Impact to General Revenue Related Funds for HB11, As Introduced : a negative impact of ($1,190,509,123) through the biennium ending August 31, 2025.

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
2024($545,738,514)
2025($704,683,742)
2026($843,529,704)
2027($1,101,900,648)
2028($1,223,861,987)

All Funds, Five-Year Impact:

Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
Probable Savings/(Cost) from
Foundation School Fund
193
Probable Savings/(Cost) from
Recapture Payments Atten Crdts
8905

Change in Number of State Employees from FY 2023
2024($80,590,864)($465,147,650)$88,724,54943.0
2025($91,505,190)($613,178,552)$115,863,61943.0
2026($88,434,945)($755,094,759)$138,717,62143.0
2027($86,934,945)($1,014,965,703)$199,438,34543.0
2028($86,934,945)($1,136,927,042)$219,339,77443.0


Fiscal Analysis

The bill would add an "effective" designation to existing Local Optional Teacher Designation System designations, change the designation of national board certified teachers to "nationally board certified" rather than "recognized", and add technical assistance requirements for The Texas Education Agency (TEA).

The bill would establish the local optional teacher designation system grant program. From funds appropriated or available, TEA would develop and administer a grant program with money and technical assistance for districts and open-­enrollment charter schools to expand implementation of local optional teacher designations system and increase the number of teachers eligible for a designation. Grants that would be awarded under this section would be required to meet the needs of individual school districts and enable regional leadership capacity. The bill would allow the Commissioner to adopt rules to establish and administer the grant program.

The bill would increase and redesign the minimum salary schedule (MSS) from a monthly minimum to an annual minimum. The bill would require districts to spend a minimum of 50 percent of savings realized from the MSS change due to increased state Teacher Retirement System (TRS) contributions on teacher compensation increases.

The bill would establish the Employed Retiree Teacher Reimbursement Grant Program to reimburse school districts or charters for the increased contributions to TRS associated with hiring certain retired teachers.

The bill would task TEA to develop training and provide technical assistance to school districts and open enrollment charter schools regarding strategic compensation, staffing, and scheduling; creating programs that encourage high school students or others to become teachers; share programs or strategies school leaders may use to establish behavior expectations while positively supporting students; and provide grants to school districts and open enrollment charter schools to implement these Teacher Quality Assistance initiatives.

The bill would also task TEA to develop and maintain a technical assistance program to support school districts and charters in studying how district or school staff and student schedules require non-instructional duties for teachers and how professional development requirements for teachers impact amount of time teachers work per week, refining schedules for students and staff to ensure teachers have time to fulfill job duties during normal work hours while supporting all students, and to periodically make Teacher Time Study best practices publicly available.

The bill would establish the Texas Teacher Residency Partnership Program to create a teacher mentor program between schools and educator preparation programs (EPPs). TEA would be required to provide technical assistance and support to participating schools and EPPs.

The bill would amend TEC 29.153(b) to include children of classroom teachers as eligible for prekindergarten in the school district that offers a prekindergarten class under this section.

The bill would increase the basic allotment under the Foundation School Program (FSP) by $50 from $6,160 to $6,210. The bill would require districts to use at least 50 percent of additional funding due to the basic allotment increase to increase the average total compensation per employee employed by the district as classroom teachers and full-time librarians, counselors, and nurses. Hiring additional staff would not comply with the requirements of the bill under this section. 

The bill would amend the Small and Mid-Sized Allotment from being based on the number of students in average daily attendance (ADA) to be enrollment-based. The bill would change the weights under this section to undetermined amounts. This section would have a fiscal impact to the state, but it cannot be determined at this time due to the unspecified weights. 

The bill would amend the associated allotment amounts under the Teacher Incentive Allotment (TIA).  

The bill would amend the Mentor Program Allotment to entitle districts to an allotment if a district implements a mentoring program under Section 21.458, TEC, and if the mentor teachers complete a mentor training program developed by the agency. The bill would remove the requirement that a teacher must have fewer than two years experience to be entitled to the allotment under this section. The bill would add a section that would entitle districts to $2,000 for each teacher with less than two years of experience would participate in the mentoring program. The allotment would be capped at 40 teachers per school district, or by appropriation.

The bill would establish the Residency Partnership Allotment for the Texas Teacher Residency Partnership Program. For each partnership resident employed at the district in a residency position under Subchapter R, Ch. 21, the district would be entitled to an allotment equal to the base amount of $22,000 increased by the high needs and rural factor, as determined under Subsection (c), to an amount not to exceed $42,000. Texas School for the Deaf (TSD) and Texas School for the Blind and Visually Impaired (TSBVI) would be entitled to the allotment under this section. The bill would also require districts to reimburse teachers for certification fees incurred while obtaining special education and bilingual certification.

The bill would establish the Salary Transition Allotment. In fiscal years 2024-26, a school district would be entitled to an annual allotment equal to the difference between the employer contributions under the new MSS and under current law MSS for the 2022-23 school year less the difference in maintenance and operations revenue for the current school year less the maintenance and operations revenue for the current school year assuming current law TEC, Sections 48.051 and 48.101. The allotment provided under this section would decrease over time, to two-thirds in fiscal year 2027, one-third in fiscal year 2028, and zero in fiscal year 2029. 

Methodology

TEA estimates that a team of 3 FTEs will be needed to implement adjustments to the state salary schedules, the Salary Transition Allotment, and rulemaking across the bill's provisions. An additional 3.5 FTEs will be needed to support agency administrative functions due to the increase in FTEs and grant programs across the bill's provisions. The estimated cost for these positions would be $616,000 in FY24 and $591,000 in subsequent years. 

The bill would direct the Texas Education Agency (TEA) to develop and provide technical assistance that includes examples of local optional teacher designation systems and apply the performance and validity standards established by the commissioner, and allow TEA to collect fees to develop and provide technical assistance to help designate teachers as master, exemplary, recognized, or effective in a local optional teacher designation system. This analysis assumes that TEA will not establish fee-based services.  TEA estimates the need for an additional team of 8 FTEs to manage the technical assistance, provide implementation support, manage data validation support and program-led IT support. The estimated costs for these positions would be $1,004,000 in FY24, $977,000 in FY25 and  subsequent years. The agency estimates that the local optional teacher designation system grant program would cost $30 million annually to implement.

The estimated increase in the statutorily required state contribution to public education employees' retirement, associated with the salary increases provided for in the bill, is $21,755,877 of General Revenue in each fiscal year. The estimated increase in the statutorily required state contribution to TRS-Care is $5,103,634 of General Revenue in each fiscal year. 

The amount appropriated to the Employed Retiree Teacher Reimbursement Grant Program is unspecified, and the legislature may restrict eligibility for the program by appropriation; therefore, costs cannot be determined. As an illustrative example of the potential cost, in fiscal year 2022 TRS received a total of approximately $40.0 million for retirement program surcharges and $11.0 million for TRS­Care surcharges, including both employee and employer surcharges for all positions. To administer the grant program, TEA would require an Education Specialist V to develop, oversee, and improve the grant program. The annual salary and benefits costs associated with this additional FTE is estimated to be $115,302 in fiscal year 2024 and $121,067 in subsequent fiscal years. The bill would not make changes to the amount of the TRS retirement contribution, just the source of the funding; therefore, TRS assumes there would be no significant impact to the agency from this provision.

The bill would direct TEA to develop training and technical assistance to school districts and charters regarding strategic compensation, staffing, and scheduling; programs that encourage high school students or others to become teachers; and programs or strategies school leaders may use to establish behavior expectations while positively supporting students. The agency would also provide grants to schools to implement these initiatives. TEA estimates that the development of strategic scheduling, staffing, and compensation modules to support technical assistance would cost $1,500,000 in FY24, and grants for delivery of technical assistance would cost $2,250,000 in FY24 and $4,500,000 annually in FY25-28. Grants to LEAs to support implementation of strategic staffing, scheduling, and compensation systems would cost $4,000,000 annually in FY25-28. Technical assistance grants to support school leaders develop school culture routines and discipline systems would cost $3,000,000 annually in FY24-28. Technical assistance grants to LEAs to establish grow-your-own partnerships would cost $1,500,000 annually in FY24-28. The development of teacher leader and co-teacher training modules would cost $500,000 annually in FY24-25 and $100,000 annually in FY26-28. Technical assistance grants to LEAs to support the development of teacher leadership roles would cost $1,250,000 in FY24-28. TEA estimates that an additional team of 6 FTEs would be needed to administer these initiatives. The estimated costs for these positions would be $787,000 in FY24, $768,000 in FY25, and $769,000 in subsequent years.

The bill would direct TEA to develop and maintain a technical assistance program to support school districts and charters in studying how district or school staff and student schedules require non-instructional duties for teachers; how professional development requirements for teachers impact the amount of time teachers work per week; and how to refine schedules for students and staff to ensure teachers have time to fulfill job duties during normal work hours while supporting all students. The bill would require the agency to periodically make findings and recommendations on best practices publicly available on these topics. TEA estimates that an additional team of 3 FTEs would be needed to administer these initiatives. The estimated cost for these positions would be $417,000 in FY 24, and $412,000 in subsequent years. 

To administer the Teacher Time Study, TEA assumes a cost of $500,000 in fiscal year 2024 and $50,000 annually in fiscal years 2025-28 would be required for the development and implementation of the study. The agency assumes that $750,000 in fiscal year 2024 and $1.5 million annually in fiscal years 2025-28 would be required for technical assistance to LEAs. The agency assumes $3.0 million annually in fiscal years 2025-28 would be required to provide grants to LEAs under this section. 

The bill would require TEA to establish and make rules to implement the Texas Teacher Residency Partnership Program. The program enables qualified Educator Preparation Programs (EPP) to partner with school districts or charters to provide residency positions to partnership residents. The program would be designed to allow residents to receive field-based experience working with classroom teachers in PK-12 classrooms and gradually increase the amount of time the partnership resident spends engaging in instructional responsibilities including observation, co-teaching, and lead teaching responsibilities. Partnership schools must provide any information required by the agency regarding program implementation and may only pair a partnership resident with a mentor teacher who agrees to participate. TEA would provide rulemaking support, technical assistance, planning, and support to school districts and charters, including the provision of model forms and agreements and support for strategic staffing and compensation models to incentivize participation in the program. 

TEA assumes Texas Strategic Staffing technical assistance support could be provided through funding to all 20 education service centers (ESCs) through two full-time positions. To implement this provision, TEA assumes 20 positions would be needed in FY 24, as the 20 additional positions are currently ESSER funded through Spring 2024. Beginning in FY25, and in subsequent years, funding would be needed for 40 total positions. Additionally, three statewide leads would be needed to support the service quality and sustainability. The agency estimates total funding of $3,540,000 in FY24 and $6,540,000 in subsequent years.

To support EPPs to meet the requirements for a qualified residency program, TEA would provide grants to EPPs to pay for technical assistance and other transformation supports. TEA would run an application process to vet and identify technical assistance providers who have a track record of supporting EPPs in successful transformation to residency models and would require EPPs to partner with those vetted providers for use of grant funds. Based on current market rates for EPP technical assistance, $200,000 per EPP with an anticipated 10 EPPs engaged in transformation annually would require total funding of $2,000,000 annually for FY24 and subsequent years. Additionally, the agency assumes $10,000 annually in fiscal years 2024-­28 would be required to update data tools provided to EPPs and LEAs to support implementation of the program.

The Agency estimates the need for a team of 8 FTEs to develop residency requirements for SBEC and Commissioner rulemaking, develop applications, and complete vetting of applications for the residency certificate. The positions would also oversee the application for the Partnership Programs and development of allotment distribution processes, ongoing partnership and allotment monitoring to ensure fidelity of implementation and provide technical assistance to partnership programs. In addition, TEA staff would manage the ESC Texas Strategic Staffing network, including developing criteria and rules for grant eligibility, administering the grant process, monitoring the grant, and providing technical assistance and coaching to ESC strategic staffing leads. The positions would also work with the ESC network to develop and implement technical assistance content.

The bill would amend TEC 29.153(b) to include children of classroom teachers as eligible for pre-kindergarten in the school district that offers a prekindergarten class under this section. The agency estimates that approximately 6,000 students that are children of classroom teachers would be
eligible for half­-day prekindergarten under the FSP as a result of this bill. This analysis assumes that estimated state cost to the FSP would be $17.1 million in fiscal year 2024 and $17.2 million in fiscal year 2025, increasing to $17.3 million in fiscal year 2028.

The bill would increase the basic allotment from $6,160 to $6,210. The legislation would increase the amount required to be applied to compensation from 30 percent to 50 percent. Districts would not comply with increased staff compensation by hiring additional staff. The small and mid-sized allotment calculations would change from average daily attendance to average enrollment. The bill would also amend the weights under this section, but these are undetermined at this time. This analysis assumes that the weights would remain the same for the purpose of the fiscal note and the allotments are calculated based on enrollment under this section.

The bill would increase the allotments under TIA. The bill would provide increases to the allotments under TIA. The agency assumes costs would increase based on increased adoption of local optional teacher designation systems, the additional designation band, and the higher allotment values in the calculation. This analysis assumes the cost to the FSP under this section would be $71.0 million in fiscal year 2024, $181.3 million in fiscal year 2025, increasing to $605.7 million in fiscal year 2028. The Texas School for the Blind and Visually Impaired (TSBVI) assumes that 22 of their educators would qualify for an allotment under this section at an estimates state cost of $264,000 annually.

The bill would require TEA to implement the amendments to the Mentor Program Allotment. The allotment would provide schools with $2,000 for each teacher with less than two years of experiences participating in a mentoring program. Schools are capped at 40 teachers per school year unless additional appropriations are made. The agency estimates the need for a team of 4.5 FTEs to oversee the content development of training, the rollout design to ensure program availability across the state, and implementation support in the first two years of implementation and assist schools in accessing and implementing the new allotment and data analysis. The estimated costs for these positions would be $612,000 in FY 24, and $602,000 in subsequent years.

To oversee the development of statewide mentor training, the agency proposes utilizing the ESCs. The total costs for the content development of the training would be $500,000 in fiscal year 2024 and $500,000 in fiscal year 2025. The agency would need to develop teacher training implementation support, which would include field site implementation support across several regions of the state. The anticipated costs of this would equal $1,500,000 in both FY25 and FY26.

Participation in the mentor program is assumed to increase as a result of this bill. Based on assumptions of the uptake across districts, the agency assumes that the costs to the FSP under this section would not begin until fiscal year 2025. This analysis assumes that the the state cost to the FSP under this section would be $14.0 million in fiscal year 2025, $20.9 million in fiscal year 2025, increasing to $28.0 million in fiscal year 2028. 

The bill would establish the Residency Partnership Allotment under the FSP. The agency anticipates overall resident salary estimates based on average paraprofessional and educational aide salaries and informed by average district match amounts of $12,000 generated by LEAs through Texas piloting of teacher residency strategic staffing models. The agency assumes additional costs to implement the program would include tuition supports and wrap-­around service stipends for residents or prospective residents to support recruitment efforts as well as funding for LEA and EPP implementation supports. Funding would vary based on high needs and rural factors. Finally, a $2,000 stipend would flow to the mentor teacher and to residents seeking certification in special education. 

Based on current estimates of teacher resident production and technical assistance capacity, TEA staff
anticipate approximately 2,800 residents produced annually at an overall estimated cost of $89.6 million annually in fiscal years 2025-­28. Administrative costs related to this section are covered elsewhere in this fiscal analysis. TSBVI assumes that four of their residents would qualify for the allotment at an estimated state cost of $88,000 annually.

The bill would specify that a school district is entitled to the cost of certification fees for each classroom teacher who received a certification in special education or bilingual education in the preceding school year, and that from money received under this section, the district would be required to reimburse each teacher who received a certification in special education or bilingual education during the preceding school year the cost of certification fees associated with that certification. Reimbursement received by a classroom teacher under this section may not be considered when calculating the teacher's salary for the purposes of Section 21.402.

This analysis assumes that the cost to the FSP under this section would be $2.9 million in fiscal year 2024, $2.9 million in fiscal year 2025, increasing to $3.1 million in fiscal year 2028.

The total estimated state cost to the FSP would be $464.8 million in fiscal year 2024, $612.8 million in fiscal year 2025, increasing to $1,136.6 million in fiscal year 2028. The cost to the FSP includes estimated decreases in Recapture Payments -­ Attendance Credits of $88.7 million in fiscal year 2024, $115.9 million in fiscal year 2025, increasing to $219.3 million in fiscal year 2028. The decrease in recapture is reflected as a savings in the table above because recapture is appropriated as a method of finance for the FSP in the General Appropriations Act.

The agency assumes that there would be administrative costs associated with IT, these are covered in the Technology section below. Overall, this analysis assumes 43 FTEs would be required to implement the bill at an estimated state cost of $6.0 million in fiscal year 2024, $5.9 million in fiscal year 2025, and $5.9 million in fiscal year 2028.


Technology

This analysis assumes that TEA would incur various onetime and ongoing technology costs to implement the provisions of the bill.

The cost estimate to develop and implement the requirements of the bill in the Texas Student Data System (TSDS) would be $124,534 in fiscal year 2024 and $373,600 in fiscal year 2025. Additionally, one Programmer V would be needed to provide ongoing support and maintenance, resulting in a cost of $186,209 in fiscal year 2024 and $190,192 in fiscal year 2025 and each subsequent year after.

The cost estimate to develop and implement the requirements in the Teacher Incentive Allotment SCOMS application would be $542,293 in fiscal year 2024 and $1,626,878 in fiscal year 2025. This analysis assumes that TEA would incur Data Center Service (DCS) costs, including a onetime hardware/software cost of $11,532 and an annual ongoing cost of $108,756. Additionally, three full-time-equivalent positions (FTEs), two Programmer Vs and a System Analyst V, would be needed to provide ongoing support and maintenance. These FTEs would result in a cost of $513,753 in fiscal year 2024 and $523,459 in fiscal year 2025 and each subsequent year after. 


Local Government Impact

TEA assumes LEAs may incur costs to make changes to their local optional teacher designation systems to reflect the addition of a new designation under the bill. LEAs will need to begin to track the number of eligible days in membership for students participating in a flexible attendance program in addition to the number of minutes of instruction a student receives. Certain LEAs would be impacted by the new MSS and funding would be provided for the increases. 


Source Agencies:
323 Teacher Retirement System, 701 Texas Education Agency, 771 School for the Blind and Visually Impaired, 772 School for the Deaf
LBB Staff:
JMc, KSk, ASA, MJe, MMo, SL