SB 0753 - Fiscal Note

Fiscal Note - SB 0753 - Revises laws regarding decertification of teachers for certain crimes

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 3380-03

BILL NO. Perfected SCS For SB 753

SUBJECT: Education, Elementary and Secondary: Teachers

TYPE: Original

DATE: February 19, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
General Revenue	($97,377)	($99,365)	($100,015)
Total Estimated Net Effect on All State Funds	($97,377)	($99,365)	($100,015)

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None	$0	$0	$0
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Elementary and Secondary Education (DESE) state they have an FY 1999 request, Standards and Practices, in the amount of $247,229 and five FTE. The request would provide for state-level actions supporting the revocation and investigative process for school personnel who would be accused of criminal or unethical behavior.

DESE's budget request states that current ethical, legal and criminal matters are addressed through existing staff as a duty beyond their regularly assigned activities. Therefore, DESE's budget includes the establishment of a Standards and Practices Section. Current law allows the State Board of Education to refuse to issue or renew, or suspend or revoke a certificate of license to teach for incompetency, cruelty, immorality, drunkenness, or neglect of duty. Current law also allows the State Board of Education to revoke a teaching license upon conviction of a felony or crime involving moral turpitude. The proposal would require the State Board to revoke or not issue a license if the holder would plead guilty or be found guilty of certain offenses. The Oversight Division assumes the creation of the Standards and Practices Section could satisfy the provisions of the proposal and also could be necessary to satisfy the provisions of current law. Therefore, Oversight has not considered the entire budget request as a direct result of the proposal. Oversight has included 1.5 FTE in the fiscal impact section of this proposal. Oversight has included one FTE Program Specialist ($39,336) and .5 FTE Director ($38,736).

Officials from the Attorney General's Office assume costs could be absorbed with existing resources.

Officials from the Department of Social Services, State Public Defender, Office of Prosecution Services, Department of Corrections, Office of State Courts Administrator and Department of Public Safety - Highway Patrol assume the proposal would have no fiscal impact on them.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
GENERAL REVENUE FUND
Cost-Department of Elementary and
Secondary Education
Personal Service (1.5 FTE)	($48,920)	($60,171)	($61,676)
Fringe Benefits	(13,712)	(16,866)	(17,288)
Expense and Equipment	(34,745)	(22,328)	(21,051)
Total Cost-DESE	($97,377)	($99,365)	($100,015)
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	0	0	0

FISCAL IMPACT - Small Business

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

DESCRIPTION

Charges could be filed at any school district or by the Office of the Attorney General if the school district is identified as financially stressed.

Certificates of license to teach could be refused to be issued or renewed or suspended if a certificate holder or applicant would plead or be found guilty of a felony or crime involving moral turpitude, a dangerous felony including murder, sexual offenses, offenses against the family or pornography offenses.

The certificate holder could appeal to the State Board of Education and circuit court. Costs would be charged against the appellant if the judgment of the State Board would be affirmed.

Teacher certificate holders would be given no less than thirty days notice of the charges.

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

Attorney General's Office

Department of Social Services

State Public Defender

Office of Prosecution Services

Department of Corrections

Office of State Courts Administrator

Department of Public Safety-Highway Patrol

Jeanne Jarrett, CPA

Director

February 19, 1998