8    
HOUSE OF REPRESENTATIVES             H.C.R. NO.            H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  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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                                  H.C.R. NO.            H.D. 2
                                                        
                                                        

 
 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
 7             the 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
15   per year to provide services to students with special needs;
16   and
17   
18        WHEREAS, Hawaii is required to educate a disproportionate
19   share of military dependents who, by federal law, qualify for a
20   free and appropriate education because the State is considered
21   to be the only overseas port for military families with special
22   needs children; now, therefore,
23   
24        BE IT RESOLVED by the House of Representatives of the
25   Twentieth Legislature of the State of Hawaii, Regular Session
26   of 1999, the Senate concurring, that Hawaii's Congressional
27   Delegation is urged to vigorously pursue and obtain:
28   
29        (1)  An increase in federal funding for the education of
30             military dependents in Hawaii's schools who have
31             special needs to cover the total cost of services
32             required under federal laws and the Felix consent
33             decree; and
34   
35        (2)  An increase in the impact aid formula that better
36             reflects the true cost of educating federally-
37             connected students in Hawaii;
38   
39   and
40   
41        BE IT FURTHER RESOLVED that the Department of Education is
42   urged to provide all necessary information on these matters to
43   Hawaii's Congressional Delegation; and
44   
45        BE IT FURTHER RESOLVED that certified copies of this
46   Concurrent Resolution be transmitted to the members of Hawaii's
47   Congressional Delegation, the Governor, the Chairperson of the
48   Board of Education, the Superintendent of Education, and the
49   Director of Health.