THE SENATE                           S.C.R. NO.            145
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        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

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

 
 
 
 
 
 
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 1   programs and special education equipment in order to maximize
 2   Impact Aid paid to the State; and
 3   
 4        BE IT FURTHER RESOLVED that the Board of Education and the
 5   Department of Education make an assessment to determine if
 6   students are making progress toward predetermined goals; and
 7   
 8        BE IT FURTHER RESOLVED that the Board of Education and the
 9   Department of Education provide a report on how funds were used
10   toward SPED programs, teachers salaries, and equipment
11   including assistive devices; and
12   
13        BE IT FURTHER RESOLVED that the Board of Education and the
14   Department of Education submit their findings and
15   recommendations to the Legislature not less than twenty days
16   prior to the convening of the Regular Session of 2000; and
17   
18        BE IT FURTHER RESOLVED that certified copies of this
19   Concurrent Resolution be transmitted to the Board of Education,
20   Superintendent of Education, and each member of Hawaii's
21   Congressional Delegation.
22 
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25                         OFFERED BY:  ____________________________