For the first time, U.S. District Court Judge David Ezra said the state has come far enough in improving its special-education programs that it can now begin working to sustain the system it has built.

The court will continue to monitor the Department of Education and Department of Health for the next 18 months at the same level it it does now. But the state and plaintiffs attorneys are expected to submit a plan for sustainability within 90 days.

The system has been under the federal court's watch since the state signed the Felix consent decree in 1994. The consent decree ended a 1993 lawsuit by the families of Maui student Jennifer Felix and other children who had charged that state special-education services were abysmal and did not meet federal law.

Ezra said that in the early days of the consent decree the state had a special-education program in name only and did little more than warehouse children.

"The system had essentially no effective special-education system when this case began," Ezra said.

While Ezra said he is proud of the progress that has been made, he said he has reservations about the ability of the state to sustain services to children.

"The court has no interest in stepping away from this case," Ezra said.

He said parents in increasing numbers have had to resort to due process hearings to get services for their children and the Legislature has not shown a willingness to provide full financing for education and health services. And a number of Mainland experts who were brought to Hawai'i to work on building the special-education system have since left, Ezra said.

The judge also said it would be impossible to satisfy all parents because the federal law provides only for appropriate services ­ not the best services money can buy. "The state of Hawai'i cannot now nor will it ever be able to afford for special-education children the very best," Ezra said. "That's a harsh reality."

The judge's decision today came as no surprise to plaintiff's attorneys, parents or state officials. Ezra stuck closely to the recommendations he has received from court monitor Ivor Groves and court master Jeff Portnoy.

Groves is stepping down from his position as court monitor, but will continue to work with the court as a consultant. Portnoy said the court is looking for someone to fill the position of court monitor.

Schools Superintendent Pat Hamamoto said the department has been working for months with health officials to design a sustainability plan, but still needs to work with plaintiffs attorneys on the agreement.

The school complexes ­ Lana'i, Pahoa and Wai'anae ­ that have not come into compliance with Felix will go through testing in the next few months to make sure they have met the requirements, she said.