STAND. COM. REP. NO. 554

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1085
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Education and Health, to which was
referred H.B. No. 1085 entitled: 

     "A BILL FOR AN ACT MAKING EMERGENCY APPROPRIATIONS FOR
     EDUCATION,"

beg leave to report as follows:

     The purpose of this bill is to make an emergency
appropriation to enable the Department of Education to fulfill
the requirements of the Felix v. Cayetano consent decree and to
continue essential services for students in regular and special
education programs.

     Testimony in support of the bill was submitted by the
Department of Education, the Hawaii State Teachers Association,
and the Hawaii State Parent Teacher Student Association.

     According to the Department of Education, special education
was not adequately funded during the 1998-1999 school year, so
funds were reallocated from other programs to meet the immediate
needs for special education to fulfill the requirements of the
Felix v. Cayetano consent decree.  Without these emergency
appropriations, the Department of Education would have to reduce
or terminate essential services for students.

     During the discussion of the bill, the formula for
determining the number of teachers for special education students
was raised.  The federal Individuals with Disabilities Education
Act, P.L. 94-142, emphasizes the inclusion of special education
students in regular education classrooms, so many special
education students attend both special education classes and
regular education classes.

 
                                 STAND. COM. REP. NO. 554
                                 Page 2

 
     Currently in the Department of Education, the number of
special education classes is determined by the number of special
education students and the types of their disabilities.  However,
special education students are not counted in determining class
size in regular education classrooms.  This significantly impacts
regular education teachers because special education students
typically require more attention than other students.  Your
Committees urge the Department of Education to develop a more
balanced formula for allocating teacher resources.

     As affirmed by the records of votes of the members of your
Committees on Education and Health that are attached to this
report, your Committees are in accord with the intent and purpose
of H.B. No. 1085 and recommend that it pass Second Reading and be
referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Education and
                                   Health,




_____________________________      _______________________________
ALEXANDER C. SANTIAGO, Chair       KEN ITO, Chair