Fiscal Note & Local Impact Statement

125 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 ˛ Phone: (614) 466-3615

˛ Internet Web Site: http://www.lsc.state.oh.us/

BILL:

H.B. 106

DATE:

June 9, 2003

STATUS:

As Introduced

SPONSOR:

Rep. Williams

LOCAL IMPACT STATEMENT REQUIRED:

No —

Permissive

 


CONTENTS:

Requires that upon a child’s discharge or release from the custody of the Department of Youth Services certain records pertaining to that child be released to the superintendent of the school district in which the child is entitled to attend school and specifies that a school district’s policy on the assignment of students to an alternative school may provide for the assignment of any child released from the custody of the Department of Youth Services to such a school

 

State Fiscal Highlights

 

STATE FUND

FY 2004

FY 2005

FUTURE YEARS

General Revenue Fund

     Revenues

- 0 -

- 0 -

- 0 -

     Expenditures

Minimal increase

Minimal increase

Minimal annual increase

Note:  The state fiscal year is July 1 through June 30.  For example, FY 2004 is July 1, 2003 – June 30, 2004.

 

·        Department of Youth Services (DYS).  For calendar year 2001, DYS reports that it released or discharged 2,449 individuals from its custody, the majority of whom would have sought admission to their resident school district.  This would suggest that, as a result of the bill, DYS could be copying and transmitting certain records of over 2,000 individuals annually to various superintendents of school districts around the state.  As of this writing, DYS anticipates that the annual cost associated with this records release duty will be no more than minimal.

Local Fiscal Highlights

 

LOCAL GOVERNMENT

FY 2004

FY 2005

FUTURE YEARS

School Districts

     Revenues

- 0 -

- 0 -

- 0 -

     Expenditures

Potential minimal
increase

Potential minimal
increase

Potential minimal annual increase

Note:  For most local governments, the fiscal year is the calendar year.  The school district fiscal year is July 1 through June 30.

 

·        School districts.  Keeping in mind that the bill permits and does not require the assignment of certain students to alternative schools, the annual expenditures of some school districts may increase from what the level of expenditures might otherwise have been under current law and practice, but the magnitude of any such increase seems unlikely to exceed minimal annually.

 


 

 

Detailed Fiscal Analysis

 

Provisions of the bill

 

For the purposes of the fiscal analysis, the bill most notably:

 

·        Requires that when a child is discharged or released from the custody of the Department of Youth Services (DYS), certain records be released immediately by DYS to the superintendent of the school district in which the child will be entitled to attend school.

·        Prohibits the school from admitting the child until the superintendent has received the records required to be released by DYS to the district superintendent.

·        Adds to the list of students who may be assigned to an alternative school those who have been discharged or released from the custody of DYS.

 

State and local fiscal effects

 

Expenditures

 

As a result of the bill, the annual expenditures of two entities – the Department of Youth Services and school districts – will or may be affected, as described in the paragraphs immediately below.

 

            Department of Youth Services.  It appears that the most notable administrative burden created by the bill will fall on DYS in the form of ongoing, annual costs associated with the copying and transmission of certain records of a child released or discharged from DYS custody to the superintendent of the child’s intended resident school district.  The records required to be released include:  (1) a document stating the nature of each violation for which the child was adjudicated a delinquent child, (2) the warrant to convey the child to DYS, (3) a copy of the juvenile court’s journal entry ordering the commitment of the child to the legal custody of DYS, (4) a copy of the child’s arrest record,  (5) a copy of the predisposition investigation report, and (6) various records from when the child was in the custody of DYS.

 

For calendar year 2001, DYS reports that it released or discharged 2,449 individuals from its custody, the majority of whom would have sought admission to their resident school district.  This would suggest that, as a result of the bill, DYS could be copying and transmitting certain records of over 2,000 individuals annually to various superintendents of school districts around the state. As of this writing, DYS anticipates that the annual cost associated with this records release duty will be no more than minimal.

 

School districts.  Under current law, school district boards of education are authorized to establish alternative schools and certain school district boards of education – the Big-Eight School Districts and districts with significantly substandard graduation rates – are required to establish at least one alternative school.  The purpose of such schools is to serve certain students, for example, those on suspension, have truancy problems, a history of classroom disruption, who are experiencing academic failure, or exhibiting other academic or behavioral problems.  It seems likely to be the case that the cost per student is higher in an alternative school than would typically be the case in a more traditional school. 

 

The bill adds to the list of students who may be assigned to an alternative school those who have been discharged or released from the custody of DYS.  It appears, however, that in many cases such students may already be assigned to alternative schools, as delinquency is often accompanied by the types of difficulties for which children can be assigned to alternative schools under current law.  As a result, LSC fiscal staff does not anticipate that adding such students to the list of students who may be assigned to an alternative school will trigger a noticeable rise in the number of students assigned to an alternative school. 

 

Thus, keeping in mind that the bill permits and does not require the assignment of such students to alternative schools, the annual expenditures of some school districts may increase from what the level of expenditures might otherwise have been under current law and practice, but the magnitude of any such increase seems unlikely to exceed minimal annually.

 

Revenues

 

The bill will not directly affect revenues of the state and its political subdivisions.

 

 

 

LSC fiscal staff:  Laura A. Potts, Budget Analyst

 

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