Felix compliance in reach
| • | What schools have passed? |
By Alice Keesing
Advertiser Education Writer
Despite the sudden change of leadership in the public schools this month, and the resulting turmoil, there is widespread belief that the system has done what it takes to avoid a federal court takeover.
The scandal-ridden resignation of former schools chief Paul LeMahieu this month came at a critical time for the school system, which is approaching a court-appointed deadline to demonstrate improved special-education services.
In addition to the uncertainty generated by LeMa-hieu's departure, there are concerns that the atmosphere generated by a legislative investigation into the state's efforts to improve services is causing school staff to falter in their momentum. And complaints persist that some children still aren't getting the help to which they are entitled.
But underlying it all are signs that — after seven years of effort and millions of dollars — the state will come very close to meeting the November deadline imposed by U.S. District Judge David Ezra.
Ezra has had oversight of the school's special education system since the state signed the Felix consent decree in 1994, agreeing to improve services as required by federal law. The consent decree stemmed from a class-action lawsuit that accused the state of ignoring the needs of mentally disabled children.
The state has missed a string of deadlines since then, and in August, Ezra offered one last chance to avoid a takeover. He set a deadline of Thursday to meet certain benchmarks, but is not scheduled to hear the issue in court until later in the month.
Despite lingering problems, there is acknowledgment that the departments of education and health have improved services.
Felix plaintiff attorney Eric Seitz said he believes that, while there are still serious problems in the system, there is hope the state can get the job done on its own without a receiver.
"I think they've made substantial progress," Seitz said. "I don't know whether or not they're going to meet those (Nov. 1) deadlines specifically, but I don't expect either (court monitor Ivor) Groves or the court is going to take a drastic action because (the state is) going to be able to demonstrate that they're fairly close on most of those issues."
However, Shelby Floyd, Seitz's fellow Felix attorney, is less reassured by what she sees, pointing to ongoing problems recruiting teachers and launching an information management system.
Sustained effort doubted
What concerns Floyd and Seitz most is the legislative committee investigating the state's efforts to comply with the decree. Floyd calls it "a circus," and both say it has become a distraction to departmental work.
While the committee co-chairs have repeatedly said the intent of the investigation is not to undermine services to children, Floyd believes the Legislature's actions indicate that the state cannot sustain efforts to serve special-needs children.
"There is no reason to believe this effort is going to be sustained past the first moment when the Legislature can pull the plug," Floyd said. "The only protection I believe that is sufficient for my clients is for a receiver to be appointed."
Some of Floyd's concerns are apparently shared by the court. Court monitor Ivor Groves has told The Advertiser that there are indications the investigation has affected morale in the schools.
Groves called LeMahieu's departure "tremendously unfortunate," saying the former superintendent had been instrumental in recent improvements.
LeMahieu cited the Legislature's investigation as one reason behind his offer to resign. The committee had raised questions about his relationship with a woman whose company was granted a special-education contract by LeMahieu.
LeMahieu and the woman have since admitted that their relationship did "cross the line" after the contract was awarded to her company, Na Laukoa.
In the continuing fallout of LeMahieu's resignation, Karen Knudsen, Board of Education second vice chairwoman, said the board plans to review all contracts that have been granted using federal money, including the Na Laukoa contract.
"We're not going to do anything rash right now," Knudsen said. "But we do want to look; just reassess where they all stand."
Schools chief optimistic
Groves is expected to file his report outlining the state's progress and his recommendations for action in mid-November.
New schools chief Pat Hama-moto is re-evaluating the department's status on a daily basis.
"The department's performance, I believe, has been outstanding," she said. "I believe we have met the benchmarks as given to us."
By Thursday, the department was ordered to have 27 of its 41 school complexes in provisional compliance. At the end of last week, 26 complexes had made the grade and the department was awaiting the final score from one more complex.
Another deadline was bringing the number of licensed special-ed teachers up to 85 percent. Hamamoto is awaiting results of Saturday's job fair, but believes the number will be no lower than 80 percent.
Perhaps the most troublesome hurdle for the DOE is getting its computerized information management system, dubbed ISPED, up and running. The system, which is designed to reduce the paperwork burden on special-education staff has been plagued with persistent bugs and is running a year behind schedule.
Hamamoto said ISPED is functional, but admitted that problems remain, such as a 20-minute download time for some forms. The department has ordered more servers to help speed up the system, she said.
If the state's efforts do pass the court's muster in November, it faces another set of benchmarks in March, that some say will be more challenging.
Judge blocks subpoena
The Felix case will be back in court this week as part of the ongoing tussle between federal and state authorities.
The U.S. Attorney's office has asked Ezra to block a subpoena issued by the legislative investigative committee for Judith Schrag, who worked with Groves on the Felix Monitoring Project.
Ezra already has quashed the Legislature's subpoena for Groves, saying he is covered by quasi-judicial immunity.
The committee wants to question Schrag about contracts granted in the Felix case, said co-chair Sen. Colleen Hanabusa. The committee has been focusing on allegations of conflicts in the granting of contracts.
But in documents filed in federal court, Assistant U.S. Attorney Ted Meeker argues that Schrag is protected by the same quasi-judicial immunity as Groves.
Immunity questioned
Hanabusa questioned why Schrag should be protected when she is no longer working for the monitoring project.
"It almost makes you wonder what is there that they feel this need to go in and claim what I consider to be a stretch of the quasi-judicial concept to someone who is no longer on the panel," said Hanabusa, D-21st (Kalaeloa, Makaha).
The committee has a variety of options to respond, she said, which includes finding Schrag in contempt and asking a circuit court judge to order her to appear.
Reach Alice Keesing at akeesing@honoluluadvertiser.com or 525-8014.
