Posted on: Sunday, April 29, 2001

Felix case must not become battle of wills

For some reason, the struggle to meet the needs of special-education students in Hawai'i public schools has taken on the tone of a battle of wills between a federal judge and legislative leaders.

It is a battle that will leave disabled or handicapped students as its primary victims.

True, federal Judge David Ezra and the leaders of the state House and Senate have different priorities, different masters.

Ezra is responsible for upholding federal law covering education of special-needs student and for enforcing an agreement the state made several years ago to meet an acceptable level of services by December of this year.

Senate President Robert Bunda, House Speaker Calvin Say and their respective money committees are responsible for coming up with a budget that meets the state's obligations in a responsible manner. Those obligations include the special needs, the so-called "Felix" class, surely. But they include millions of dollars of obligations in other areas, from regular education to health, social welfare and economic development.

They also include an obligation to the taxpayers not to assess them more than they can afford in today's fragile economy.

That's why we hear Ezra talking tough, such as his vow that if the state doesn't come up with the money he believes is needed for special education, he'll take over the system. And federal judges don't make threats, he said, "They make promises, and they keep promises."

Then there was Bunda, who thundered in response: "Well, be my guest. And if you want to take over the system just for the disabled, come up with the money then. Show us the money.

"I ain't about to give him a blank check."

Strong words. Showdown at the OK Corral. But it gets us nowhere. The state made a promise several years ago, in the face of courtroom evidence that it had done a lousy job of serving special-needs students, that it would live up to its legal and moral obligations.

Those obligations now must be met. It's doubtful Ezra truly wants to take over the school system or even that he would ultimately succeed if he tried.

And it is true that money will not solve all problems in the system. Lawmakers are rightfully worried that in the race to meet court deadlines, the state is over-spending and wasting money on matters that are not core to its special-education obligations.

They have a duty to be careful. But they have an equal duty to be fair and to meet the legal needs of each and every student. The court must be convinced that this is their sincere goal. Once that happens, this battle of wills will become unnecessary.