Special-ed improvements hailed
By Alice Keesing
Advertiser Education Writer
With one month left before a federal court judge decides whether to take over the special education system, observers say there are significant signs of improvement.
The Department of Education is racing to meet a set of court deadlines by Nov. 1. If it fails, U.S. District Judge David Ezra has warned that he will set the wheels in motion to appoint a receiver over the special education system.
Although acknowledging that they face a tough task, department officials are pointing to recent gains in the schools.
Observers note better teamwork between schools and other agencies, higher graduation rates for special education students, lower discipline rates, and advances in reading strategies that can prevent children from being classified as special education in the first place.
Even plaintiff attorney Eric Seitz, who has been one of the state's most stringent critics, has been glowing in his praise.
The recent improvement at some school complexes has been "just unbelievable," he said.
Still, no one is denying that problems remain. Illustrating the complexity of the special education environment, there are some parents who say that schools are still denying services, while on the other hand, some principals say the situation has gotten out of control and the state is paying for too much.
Court monitor Ivor Groves said there are ongoing issues on the Neighbor Islands and in outlying areas such as Wai'anae, where it remains difficult to get qualified staff.
"In some areas, we still need to get tighter teamwork and management coordination in order to get things where they need to be," added Groves, who oversees the state's progress in the Felix consent decree.
Although not ready to predict whether a receiver will be necessary, Groves said there is another possibility.
"I could see a scenario where basically significant numbers of complexes were declared compliant then the court retain jurisdiction over four or five until they get there," he said.
Hawai'i's special education system has been under federal court oversight since 1994, when the state signed the consent decree agreeing to improve services as required by federal law. In seven years, the state has missed numerous deadlines and last year was found in contempt.
Then in August, Ezra gave the state one more chance to comply before he appoints a receiver. The state's first hurdle comes on Nov. 1.
Perhaps the toughest challenge facing the department on that date is raising to 85 percent the number of special education teachers who are licensed or certified.
There are just under 100 vacancies remaining in the system, according to DOE Deputy Superintendent Pat Hamamoto, who is holding out hope that the bulk will be filled during a jobs fair this month.
By November, the state also must have 27 of its 41 school complexes pass the intensive service testing that measures how well they are helping special-needs children. At the time of the court's order, 21 complexes had passed the test. A complex is made up of a high school and its feeder intermediate and elementary schools.
Eight complexes were scheduled for testing before the November deadline — six of them must pass.
"I think they have a shot," Groves said. "But it's certainly not guaranteed by any stretch."
Nevertheless, Groves believes that recent improvements in the schools, including large increases in qualified staff, have resulted in some "impressive" gains.
Hamamoto said that can be seen at the Waialua and Mililani complexes, which were tested in the last two weeks. While the judge has the final say on whether the complexes are in compliance, Hamamoto said Mililani scored 100 percent on one part of the test, up from about 50 percent the last time it was tested.
Over the next month, the Kahuku, Maui High, Roosevelt, Konawaena, Lahainaluna and Kea'au complexes will be tested.
Reach Alice Keesing at akeesing@honoluluadvertiser.com or 525-8014.
