[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Extensions of Remarks]
[Page E1837]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page E1837]]



     INTRODUCTION OF THE ``EQUITY IN PUBLIC EDUCATION ACT OF 1996''

                                 ______
                                 

                            HON. JANE HARMAN

                             of california

                    in the house of representatives

                      Saturday, September 28, 1996

  Ms. HARMAN. Mr. Speaker, earlier today I introduced, with my friend 
and colleague Representative Tom Campbell, a bill to reimburse the 
States for the added costs of educating the children of illegal 
immigrants. According to Gov. Pete Wilson, such costs to the State of 
California totaled over $1.5 billion in fiscal year 1994-95 alone.
  The Equity in Public Education Act of 1996 is a fair and bipartisan 
solution for reimbursing the disproportionate costs which States such 
as California incur by educating illegal alien children in public 
schools.
  Requiring States to foot the bill for the Federal Government's 
failure to stop illegal immigration is unfair and inequitable. Border 
control is a Federal responsibility. The Nation's inability to 
adequately control our borders should not result in additional costs to 
States. Unfortunately, other efforts to solve the problem have centered 
on kicking kids out of school or forcing local school administrators to 
act as INS agents and determine the status of each student.
  As nearly every national police organization has noted, the effect of 
such policies is to put kids on the streets, where they are likely to 
exacerbate our crime problem, and to render them part of a permanent, 
unemployable underclass.
  Mr. Speaker, there is a better solution to this problem, one that 
both sides of the aisle can agree on. The bill which we have introduced 
today authorizes an equitable reimbursement formula for the costs of 
educating illegal immigrant students without an immigration status 
determination being made at the school site.
  I ask that the text of the bill be printed following my statement.

                                H.R. --

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Equity in Public Education 
     Act of 1996''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) It is the responsibility of the Federal Government to 
     prevent illegal immigration by enforcing existing laws and 
     enacting new laws and policies.
       (2) The Federal Government has, to date, failed to carry 
     out this responsibility, resulting in a large and increasing 
     number of illegal immigrants residing within the borders of 
     the United Sates.
       (3) Under current law, the States are required to provide 
     certain public benefits to their residents, including 
     education benefits for all children residing within their 
     jurisdictions, regardless of immigration status.
       (4) The costs of educating illegal aliens are therefore 
     borne primarily by the States.
       (5) The citizens of States that have a disproportionate 
     number of illegal immigrants therefore have borne a 
     disproportionate share of such educational costs, which 
     result from the failures of the Federal Government.
       (6) In the interest of equity, the Federal Government 
     should reimburse the States for such educational costs.

     SEC. 3. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL COSTS 
                   FOR ILLEGAL ALIEN STUDENTS.

       (a) Grants to States.--Subject to the availability of 
     appropriations and the succeeding provisions of this section, 
     from the amount appropriated under subsection (f), the 
     Secretary of Education shall provide for payment to each 
     eligible State (as defined in subsection (b)) for 
     reimbursable costs (as defined in subsection (c)).
       (b) Eligible States.--In order for a State to be eligible 
     for payment under this section, the State--
       (1) shall be a State for which the Secretary of Commerce 
     has made a determination with respect to any fiscal year 
     under subsection (e); and
       (2) shall provide the Secretary of Education with 
     assurances that--
       (A) the State will cooperate with the Secretary of Commerce 
     in carrying out such Secretary's duties under this Act; and
       (B) such payments shall be used only for the purpose of 
     reimbursing local educational agencies for reimbursable 
     costs.
       (c) Reimbursable Costs Defined.--For purposes of this Act, 
     the term ``reimbursable costs'' means, with respect to a 
     State, the incremental increase in costs incurred by local 
     educational agencies in the State in providing a free public 
     education (as mandated by Federal law) to eligible illegal 
     alien students (as defined in subsection (d)(1)), as 
     determined by the Secretary of Commerce under subsection (e).
       (d) Eligible Illegal Alien Students.--For purposes of this 
     Act, the term ``eligible illegal alien student'' means an 
     alien who is not lawfully present in the United States and is 
     enrolled in a public elementary or secondary school of a 
     local educational agency in a State as of the date of a 
     determination made by the Secretary of Commerce under 
     subsection (e)(2).
       (e) Amount of Payment.--
       (1) In general.--The amount of payment to an eligible State 
     for a fiscal year under this section is the product of--
       (A) the average number last determined under paragraph 
     (3)(A) for the State; and
       (B) the average incremental increase in expenditures last 
     determined under paragraph (3)(B) for the State.
       (2) Commencement of determinations.--
       (A) First group of states.--Before the beginning of fiscal 
     year 1998, and before the beginning of every 3d fiscal year 
     thereafter, the Secretary of Commerce shall make a 
     determination under paragraph (3) for the States of 
     California, Texas, and Florida.
       (B) Second and third groups of states.--Before the 
     beginning of fiscal year 1999, and before the beginning of 
     every 3d fiscal year thereafter, the Secretary of Commerce 
     shall make a determination under paragraph (3) for at least 
     \1/2\ of the States that are not described in subparagraph 
     (A). Before the beginning of fiscal year 2000, and before the 
     beginning of every 3d fiscal year thereafter, the Secretary 
     of Commerce shall make a determination under paragraph (3) 
     for each of the remaining States. To the maximum extent 
     possible, the Secretary shall make an equal number of 
     determinations under this subparagraph before fiscal year 
     1999 and before fiscal year 2000.
       (3) Determinations.--Pursuant to paragraph (2), the 
     Secretary of Commerce shall determine for a State before the 
     beginning of a fiscal year--
       (A) the average number of eligible illegal alien students 
     in the State for any school day during the school year ending 
     during the fiscal year; and
       (B) the average incremental increase in per pupil 
     expenditures for public education benefits in the State for 
     such school year that is determined to be attributable to the 
     enrollment of eligible illegal alien students in public 
     elementary and secondary schools, as determined based on 
     statistics of the National Center for Education Statistics 
     relating to expenditure per pupil in average daily attendance 
     in public elementary and secondary schools.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated for each fiscal year (beginning with 
     fiscal year 1998) such sums as may be necessary to make 
     grants under this section.
       (g) State Defined.--In this Act, the term ``State'' has the 
     meaning given such term in section 101(a)(36) of the 
     Immigration and Nationality Act.

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