Posted on: Friday, November 30, 2001

Special-ed system granted reprieve

By Jennifer Hiller
Advertiser Education Writer

U.S. District Judge David Ezra said today he will not appoint a receiver over the state's special education system.

In a hearing this morning, Ezra said the state has achieved substantial compliance with the Felix consent decree, which orders the departments of Education and Health to improve special education services. The federal judge also said the state is moving in the right direction to meet the court's March 31 deadline to move all of the state's schools into compliance.

"The bottom line is there will be no takeover of the public education system today," Ezra said.

Ezra has had oversight of the system since the state signed the Felix consent decree in 1994, agreeing to improve services. After seven years of missed deadlines, Ezra said in September that he was giving the state one last chance to avoid a receiver.

Plaintiffs attorneys argued that the state cannot back up its claims that it has met the court's benchmarks for compliance, though. The DOE has fallen behind in hiring and retaining certified special-education teachers. Also, it still does not have a required computer system up and running, according to a report filed earlier this month by federal court monitor Ivor Groves.

But despite the lingering problems, there is acknowledgment that the state has dramatically improved services and has come very close to meeting expectations of federal law. Groves, who oversees progress in improving special-education services, had recommended that Ezra not sanction the DOE or the DOH for now.

Patricia Hamamoto, interim schools superintendent, said the judge's decision moves the schools toward a position of greater independence and self-oversight.

Nearly 80 percent of Hawai'i students attend schools that have reached full or provisional compliance with Felix standards. Twenty complexes — high schools and their feeder schools — have reached full compliance, and eight have reached provisional compliance. The state was to have 27 of 41 complexes in compliance by Nov. 1.

But Eric Seitz, plaintiffs attorney, said he is concerned because the 13 remaining school complexes will be the most difficult and problematic for the state to bring into compliance.

Ezra also cautioned the state, saying that there is still a great deal of work to do before the end of March. He also warned the state Legislature not to take today's decision as a sign that it can scale back special education funding.

The cost of special education has reached $300 million a year in Hawai'i, and a special House-Senate committee is investigating allegations of misuse of money and conflicts of interest.

The Felix consent decree stemmed from a federal class-action lawsuit that accused the state of ignoring the needs of mentally disabled children.

Reach Jennifer Hiller at jhiller@honoluluadvertiser.com or 525-8084.