THE SENATE                           S.R. NO.              90
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  RESOLUTION

  REQUESTING A STUDY OF SPECIAL EDUCATION SERVICES TO FEDERALLY
    CONNECTED CHILDREN.



 1        WHEREAS, the "Individuals with Disabilities Education Act"
 2   (IDEA) passed by the United States Congress, finds that
 3   disability is a natural part of the human experience and does
 4   not take away or minimize the right of those individuals to
 5   participate in, or contribute to society; and
 6   
 7        WHEREAS, Congress further found that improving educational
 8   results for disabled children is an essential part of our
 9   national policy of ensuring equal opportunity, full
10   participation, independent living, and economic self-
11   sufficiency for disabled individuals; and
12   
13        WHEREAS, currently there are special education students in
14   every school in this State and with the rising cost of special
15   education, it is a heavy burden on Hawaii's already sluggish
16   economy; and 
17   
18        WHEREAS, Title VIII of the Elementary and Secondary
19   Education Act authorizes additional payments to local
20   educational agencies based on the number of certain children
21   who are eligible to receive services under IDEA.  Payments are
22   limited to IDEA children whose parents are members of the Armed
23   Forces and reside on or off the base; and
24   
25        WHEREAS, due to rising numbers of special education
26   students here in Hawaii and elsewhere, the nation's governors
27   are urging President Clinton and the 106th Congress to honor
28   their commitment to fund forty percent of the rising state
29   costs incurred in providing a free education to children with
30   disabilities as required under federal law; and
31   
32        WHEREAS, the amount of additional funding earmarked for
33   the program's special education (SPED) children is divided
34   among eligible students.  To determine the amount federally
35   connected children would receive under this provision, each
36   eligible SPED student with a parent residing on a military base

 
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                                  S.R. NO.              90
                                                        
                                                        

 
 1   is given a weight of 1.0.  A student who resides with a
 2   military parent, but lives off base is weighted at .50.
 3   However, unlike the Basic Support Payments which go into the
 4   district's general operating fund, SPED funds must be used
 5   specifically for special education; and
 6   
 7        WHEREAS, states should be given the option to combine IDEA
 8   funds with other federal funds that support state and local
 9   systemic education reform activities under certain conditions.
10   Conditions such as if the State is willing to include a
11   substantial number of students with disabilities in the State's
12   assessment system and if the State is willing to demonstrate
13   that these students are making progress toward predetermined
14   goals; and
15   
16        WHEREAS, changes need to be adopted for the IDEA to
17   address the problems states are having with the escalating
18   costs in providing federally mandated services; and
19   
20        WHEREAS, as the Department of Education moves forward to
21   develop regulation and policy letters to guide the
22   implementation of IDEA, the Secretary of Education needs to use
23   a true consensus process in developing such regulations.  It is
24   also critical that the regulations be developed in a manner
25   that incorporates the concerns of the states, especially
26   because the Act as amended reduces resources made available to
27   states for implementation and technical assistance efforts at
28   the state and local level; and
29   
30        WHEREAS, at the end of the year, local education agencies
31   would be required to provide a full accounting of how federal
32   funds were utilized and the performance of students eligible
33   under IDEA; now, therefore,
34   
35        BE IT RESOLVED by the Senate of the Twentieth Legislature
36   of the State of Hawaii, Regular Session of 1999, that the Board
37   of Education and the Department of Education identify the full
38   cost of educating federally connected children with
39   disabilities as allowed by the Federal Impact Aid formulas,
40   including special education programs and special education
41   equipment in order to maximize Impact Aid paid to the State;
42   and

 
 
 
 
 
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 1   
 2        BE IT FURTHER RESOLVED that the Board of Education and the
 3   Department of Education make an assessment to determine if
 4   students are making progress toward predetermined goals; and
 5   
 6        BE IT FURTHER RESOLVED that the Board of Education and the
 7   Department of Education provide a report on how funds were used
 8   toward SPED programs, teachers salaries, and equipment
 9   including assistive devices; and
10   
11        BE IT FURTHER RESOLVED that the Board of Education and the
12   Department of Education submit their findings and
13   recommendations to the Legislature not less than twenty days
14   prior to the convening of the Regular Session of 2000; and
15   
16        BE IT FURTHER RESOLVED that certified copies of this
17   Resolution be transmitted to the Board of Education,
18   Superintendent of Education, and each member of Hawaii's
19   Congressional Delegation.
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21 
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23                         OFFERED BY:  ____________________________