Felix court hearing today could clear air

There is a great deal of noise and mystery surrounding the state’s efforts to come into compliance with federal court orders on educational services for special-needs students.

A chance to clear some of the confusion surrounding the so-called Felix Consent Decree comes up today before federal Judge David Ezra.

The state had better be prepared with some rock-hard numbers and clear explanations about what it is up to. The court’s patience is obviously wearing thin.

Ezra called this hearing in response to comments from the governor and lawmakers about the runaway costs of providing the special-education services demanded by the federal-state consent decree in the 1993 Felix case. There have been stories about over-servicing some students and of other non-qualified students being offered educational help under the Felix program.

In addition, there is great confusion about the cost of meeting federal requirements. At a legislative hearing this week, state officials said they would need $88 million in emergency funding — not the $137 million originally requested.

Which is it? And how can the figures gyrate so wildly?

Ezra has set a final deadline of December for the state to get into compliance. If not, Hawai‘i faces a federal takeover of its special-ed program, an outcome no one wants.

Today’s hearing could be quite useful both to the court and to the state, if state officials are prepared with an adequate explanation of where and how costs have gone out of control.

If the compliance ruling has forced the state to spend more than it should, the judge needs to know that. After all, the order was not to waste money; it was to come into compliance with federal law.

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