Posted on: Tuesday, November 20, 2001

Editorial
Accountability, not ducking, for Felix

Hawai'i's byzantine special education system is under scrutiny as lawmakers investigate the exorbitant costs of complying with the federally mandated Felix consent decree.

As taxpayers, we all should be concerned if that system is spawning a "culture of profit," as state Auditor Marion Higa says it is.

And if the legislative probe, launched this summer, turns up any hard evidence of fraud associated with special education billing and services, law authorities should not hesitate to investigate and, if warranted, prosecute the offenders.

But let's also make sure the process doesn't degenerate into a kangaroo court with dubious evidence used to wiggle the state out of its commitment to children with special-education needs.

After all, it was the state's long delay in dealing with special-education needs that created the bonanza in the first place.

It was Higa's January audit that triggered the Legislature's investigation into the high cost of special education, including questionable billing practices.

In her testimony before the panel, Higa cited the case of a therapist who billed for 127 hours of special education services for one day.

Testimony has revealed, however, that those 127 hours represented the services of several therapists, but were billed under one name.

Sometimes there's a reasonable explanation for accounting irregularities, and sometimes there isn't.

The world of Felix, with compliance mandated by the federal court on a crash basis, just isn't that clear-cut.

Overall, Higa is prudent to advocate for tighter controls to help weed out the "cheaters" who mat be charging exorbitant prices for their services. Accountability is paramount to making Felix work.

But we cannot throw out the baby with the bath water. Too much time, money and effort have been invested for us to give up on our obligation to special-ed students.