FISCAL NOTE
Date Requested: February 03, 2023
Time Requested: 04:12 PM |
| Agency: |
Education, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2886 |
Amendment |
HB3276 |
|
|---|
| CBD Subject: |
|
|---|
|
FUND(S):
0313
Sources of Revenue:
General Fund N/A
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
This proposed legislation does not address who the responsible party will be for purchasing, installing, and maintaining the technology required by this bill. If the Legislature intends for the WVDE to be responsible for implementation, then it is estimated that it will cost approximately $119,103,323 upon full implementation. If the Legislature intends from the various county boards of education to be the responsible party for this requirement, then there would not be any impact on the WVDE.
Please note that the amendments to W. Va. Code §18-20-11 that defines “applicable classroom” as “any self-contained classroom or any other classroom in which a nonverbal student receives instruction” and substitutes “self-contained” for “applicable” throughout the statute essentially requires cameras to be installed in all classrooms and common areas. For instance, nonverbal students typically receive instruction in elective courses such as gym, speech therapy, etc. in general education environments which cannot only change from one semester to another, but can also change at a moment’s notice in emergency situations such as unexpected building maintenance issues including heating and air conditioning repairs, water breaks, etc. If this proposed legislation is enacted, county boards of education would likely have to install cameras throughout school buildings to ensure compliance.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2023
Increase/Decrease
(use"-") |
2024
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
112,941,643 |
119,103,323 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
This estimate is based on available data utilizing a self-contained camera capable of 365-day storage and 800 sq. ft. coverage. Typically, cameras are licensed annually; therefore, this estimate includes a 1-year licensing fee of $6,161,680. It is also important to note that this estimate does not include the costs associated with installation or technology upgrades that will be required to maintain the equipment and retain the footage the WVDE lacks the data necessary to provide an accurate estimate regarding those provisions. The WVDE eliminated areas already known to have this coverage and did not include the common areas needed coverage due to a lack of information.
Memorandum
This bill does not address who will be financially responsible for the implementing this legislation if it is enacted. If the Legislature intends for the county boards of education to be responsible, then this legislation will not have any fiscal impact on the WVDE. If the Legislature intends for the WVDE to be responsible for the implementation then the fiscal impact, upon full implementation, is expected to be approximately $119,103,323.
Additionally, this proposed legislation amends W. Va. Code §18-20-11(k) to include law enforcement and DHHR in the list of authorized entities permitted to view video recordings captured under this section. The WVDE would like this section to be further amended by adding a subdivision (6) to read as follows:
“(6) WVDE complaint investigators, due process hearing officers, and judges in the case of appeals, as part of the federally required Dispute Resolution processes guaranteed by the IDEA to parents of students with disabilities and adult students with disabilities.”
Person submitting Fiscal Note: Tim Conzett
Email Address: tim.conzett@k12.wv.us