By Alice Keesing
Advertiser Education Writer
As lawmakers balk at the escalating costs of complying with the Felix consent decree, the federal judge in the case has called an unscheduled hearing this week and is expected to question the state’s position.
The hearing will be tomorrow before U.S. District Judge David Ezra, who wrote the 1994 order and who has blasted state officials, over the years, for not moving quickly enough to help disabled children.
Court-appointed master Jeffrey Portnoy said Ezra will review recent statements by the governor and legislators, who have questioned the amount of money being spent on the consent decree. The cost for special education has risen more than 400 percent since the Felix case was filed in 1993. This year, it is expected to reach $363 million.
House Speaker Calvin Say said he is worried that the cost keeps going up while there is no evidence that children are getting the services they need. He said the Legislature has asked the state auditor to keep investigating the issue.
"At least we’ve brought the issue out for public attention," he said.
Ezra already has found the state in contempt for not improving special education services as he had ordered. The state was granted a reprieve and now faces a December deadline for getting the job done. If it fails again, Ezra could divert all federal money and take over the school system.
Say has said the Legislature is exploring its options to challenge that in an appeals court.
One of the lawyers in the Felix case said she is worried about the lawmakers’ stance.
"We are all concerned about the fact that there appear to be people, including the governor, who don’t understand the power of the federal court," said Shelby Anne Floyd, one of the lawyers who brought about the Felix case.
While Portnoy would not comment on how Ezra views the lawmakers’ recent statements, he said, "Judge Ezra is interested in making sure that everyone who needs to know understands what needs to be accomplished between now and the end of the year in order to meet full compliance with the federal court order."
"The bottom line is there is a federal statute, there is a consent decree that both parties have agreed to and there is an impending deadline that will not be extended again," Portnoy added. However, he said, that doesn’t mean there can’t be legitimate inquiries and questions about how to comply.
Meanwhile, the House Finance Committee yesterday delayed action on an emergency request for tens of millions of dollars for Felix and special education. During a hearing, the state departments of Education and Health revised their requests for emergency money, saying they will not need as much as they originally estimated. Instead of $137 million, the departments now are asking for $88 million.
House Finance Committee Chairman Dwight Takamine, D-1st (Hamakua, North Kohala), said lawmakers are wondering "how real are these numbers."
He said lawmakers want assurances that the departments are managing the costs of the consent decree and "providing services on a cost-effective basis."
Advertiser Capitol Bureau chief Kevin Dayton contributed to this report.
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