COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 3028-10

Bill No.: Truly Agreed To and Finally Passed HS for HCS for SCS for SB 722

Subject: Education, Elementary and Secondary

Type: Original

Date: May 14, 2002




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
School Districts* (UNKNOWN) (UNKNOWN) (UNKNOWN)

* Expected to be more than $100,000

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials from the Coordinating Board of Higher Education, Department of Social Services, Office of State Courts Administrator, and the Office of Prosecution Services indicate there would be no fiscal impact to their agency as a result of this proposed legislation.



In response to an earlier version of this proposed legislation, officials from the Office of State Public Defender and the Department of Corrections indicated this proposal would have no fiscal impact on their agencies.



Officials from the Department of Elementary and Secondary Education (DES) stated that there would be minimal costs to the agency for printing and supplies (i.e. for certificates and informational updates). Although unable to estimate the number of schools districts that might opt for the temporary administrator certificate, DES officials assume there could be costs to the participating school districts for the establishment of the required mentoring programs.



Oversight assumes the costs to DES for printing and supplies could be absorbed by the agency.



Officials from the Office of Secretary of State (SOS) assume there would be costs due to additional publishing duties related to the Department of Elementary and Secondary Education's authority to promulgate rules, regulations, and forms. SOS estimates the division could require approximately 16 new pages of regulations in the Code of State Regulations at a cost of $27.00 per page, and 24 new pages in the Missouri Register at a cost of $23.00 per page. Costs due to

this proposal would be $984, however, the actual fiscal impact would be dependent upon the actual rule-making authority and may be more or less. Financial impact in subsequent fiscal years is unknown and depends on the frequency and length of rules filed, amended, rescinded and withdrawn.



Oversight assumes the SOS could absorb the costs of printing and distributing regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process. Any decisions to raise fees to defray costs would likely be made in subsequent fiscal years.



Officials from the Office of Attorney General (AGO) would request one Assistant Attorney General II to handle additional cases referred directly from local school districts. The AGO would also request additional office space. Oversight assumes that unless there are a significant number of additional cases referred from school districts, existing staff would be able to handle the caseload associated with this proposal.







ASSUMPTION (continued)



Officials from the Kansas City Missouri School District (KCMSD) indicate that approximately 25% of the administrators in the district will be eligible to retire during the next three to four years. The proposed legislation will benefit the KCMSD in recruiting staff to fill positions..



Officials from the St Louis Public Schools (SLPS) indicated that there would be no fiscal impact to their district; however, a recent article in the St Louis Post Dispatch reported that the SLPS recently received a $5 million grant to be used over the next five years for mentoring programs, internships and summer training classes for new and prospective principals. The article also stated that several recent studies have pointed to a national shortage of principals; one national study says 40% of the nation's principals will be retiring in the next six years.



Based on the information from St Louis and Kansas City, Oversight assumes there could be

considerable participation in the proposed program, resulting in significant costs to the participating school districts to establish the mentoring program. Specific costs are unknown, but are expected to be in excess of $100,000.



FISCAL IMPACT - State Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0



FISCAL IMPACT - Local Government FY 2003

(10 Mo.)

FY 2004 FY 2005
SCHOOL DISTRICTS
Costs - Mentoring Programs* (Unknown) (Unknown) (Unknown)

* Expected to exceed $100,000



FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



SECTION 168.071 - REVOCATION, SUSPENSION, OR REFUSAL OF LICENSE



This section makes several changes to the process by which teachers' licenses may be denied or disciplinary action imposed on a certificate of license holder. The proposal adds deception in



DESCRIPTION (continued)



obtaining a license and disciplinary action on an existing license from another jurisdiction to the grounds for discretionary revocation or denial of license. It also adds furnishing child

pornography to a minor to the list of offenses that require license revocation. Under current law, the Attorney General may file charges for financially distressed districts; the bill removes the requirement that the district be financially stressed but specifies that the Attorney General will not file charges for annulment of contracts. The proposal clarifies that the State Board of Education as well as the school district may file licensure charges, that cases may be settled informally by agreements or voluntary surrender of license, and that licensure decisions are subject to judicial review. The State Board may refuse to issue or renew a license or may suspend or revoke a license of a person who has surrendered his or her license or has failed to renew it, for any of the grounds mentioned in the proposal. The proposed legislation also contains several technical changes, primarily in notification procedures.



SECTIONS 168.081 and 168.083 - TEMPORARY ADMINISTRATOR CERTIFICATE



These sections permit qualified applicants to apply for a temporary administrator certificate with a school district which is willing to employ and sponsor the individual. The temporary administrative certificate is restricted to the employing public school district or accredited nonpublic school. The employing school district of the temporary administrator shall develop a mentoring program to ensure that the individual eventually obtains a full administrator certificate.

The temporary certificate is valid for a period of one year, but may be renewed up to four subsequent times upon demonstration that the person is making measurable progress toward obtaining a full administrator certificate. The applicant, however, must receive a full administrative certificate within five years.

The State Board of Education will be responsible for establishing standards for the implementation of the temporary certificate program. A qualified applicant is a person who: holds a valid certificate to teach in Missouri; has a master's degree or is currently enrolled in a master's degree program; and has at least five years of teaching experience in a public school, in an accredited nonpublic school, or in a combination of such schools at the grade level for which

the temporary administrator certificate is sought.



The provisions of section 168.083 shall expire August 28, 2012.



This legislation is not federally mandated, would not duplicate any other program, and would not require additional capital improvements or rental space.









SOURCES OF INFORMATION



Department of Elementary and Secondary Education

Coordinating Board for Higher Education

Office of the Secretary of State

Division of Administrative Rules

Kansas City Missouri School District

Office of the Attorney General

Office of Courts Administrator

Office of Prosecution Services

Office of State Public Defender

Department of Corrections

St Louis Public Schools

Department of Social Services





Mickey Wilson, CPA

Acting Director

May 14, 2002