145
THE SENATE                           S.C.R. NO.            H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION
REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO OBTAIN ADDITIONAL
   FEDERAL FUNDS FOR THE EDUCATION OF MILITARY DEPENDENTS.



 1       WHEREAS, in 1950, the U.S. Congress enacted the Impact Aid
 2   laws, P.L. 81-874 and P.L. 81-815, as reform programs to
 3   replace temporary federal payments that were intended to enable
 4   school districts to provide education for children who lived or
 5   whose parents worked on federal property; and
 6   
 7       WHEREAS, federal impact aid is provided by the federal
 8   government to reimburse the states and counties for the loss of
 9   some of their property tax base because of the military's
10   presence; and
11   
12       WHEREAS, presently, the federal government recognizes two
13   types of federally-connected students, including "Category A,"
14   which is for children whose parents reside and work on federal
15   property, and "Category B," which is for children whose parents
16   either live or work on federal property; and
17   
18       WHEREAS, the State of Hawaii spends an estimated $1.313
19   billion a year on education, which amounts to approximately
20   $7,020 for each student in Hawaii; and
21   
22       WHEREAS, in fiscal year 1997-1998, the Department of
23   Education received a total of $24,995,446 in federal impact
24   aid, which represents approximately $778 for each of the 32,122
25   students who were considered eligible for impact aid; and
26   
27       WHEREAS, in 1975, the U.S. Congress enacted the Education
28   of the Handicapped Act, P.L. 94-142, to ensure that children
29   with disabilities receive a free and appropriate education; and
30   
31       WHEREAS, the U.S. Congress acknowledged that this
32   requirement represented an unfunded mandate on state and public
33   schools to ensure that children with disabilities were properly
34   educated, and therefore committed itself in principle to fund
35   up to 40 percent of the mandate; and

 
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                                  S.C.R. NO.            H.D. 1
                                                        
                                                        

 
 1       WHEREAS, in 1994, with the approval of the Hawaii Federal
 2   District court, the State of Hawaii entered into the Felix v.
 3   Waihee settlement and consent decree, in which the State agreed
 4   to make available to members of the plaintiff class:
 5   
 6       (1)  The free and appropriate education that members of the
 7            class are entitled to under federal law; and
 8   
 9       (2)  A system of care that includes a continuum of
10            services, placements, and programs; 
11   
12   and
13   
14       WHEREAS, the State now spends in excess of $200 million per
15   year to provide services to students with special needs; and
16   
17        WHEREAS, Hawaii is required to educate a disproportionate
18   share of military dependents who, by federal law, qualify for a
19   free and appropriate education because the State is considered
20   to be the only overseas port for military families with special
21   needs children; now, therefore,
22   
23        BE IT RESOLVED by the Senate of the Twentieth Legislature
24   of the State of Hawaii, Regular Session of 1999, the House of
25   Representatives concurring, that Hawaii's Congressional
26   Delegation is urged to vigorously pursue and obtain:
27   
28        (1)  An increase in federal funding for the education of
29             military dependents in Hawaii's schools who have
30             special needs to cover the total cost of services
31             required under federal laws and the Felix consent
32             decree; and
33   
34        (2)  An increase in the impact aid formula that better
35             reflects the true cost of educating federally-
36             connected students in Hawaii;
37   
38   and
39   
40        BE IT FURTHER RESOLVED that the Department of Education is
41   urged to provide all necessary information on these matters to
42   Hawaii's Congressional Delegation; and
43   
44        BE IT FURTHER RESOLVED that certified copies of this
45   Concurrent Resolution be transmitted to the members of Hawaii's
46   Congressional Delegation, the Governor, the Chairperson of the
47   Board of Education, the Superintendent of Education, and the
48   Director of Health.