Court to rule on compliance of special-education program
By Jennifer Hiller
Advertiser Education Writer
A federal judge this morning will have the final say in a debate over how much additional court monitoring is needed for the state's special-education programs.
Many expect federal court involvement to continue at least 18 more months. But there have been signs that court officials approve of the work the Departments of Education and Health have done to improve special education, even as they have expressed reservations about political interference and state budget shortfalls.
The system has been under the federal court's oversight 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.
The state has spent more than $1 billion on Felix efforts so far without reaching compliance.
Today's 8:30 a.m. hearing before District Judge David Ezra will tell how close — or how far away — the goal is.
"We're as optimistic as we can be," schools superintendent Pat Hamamoto said. "We know the consent decree is not over yet. We know there will still be court oversight. The degree of court oversight is what will be shared with us on Tuesday."
Special monitor Ivor Groves this spring recommended that the state be found largely in compliance with the consent decree and that direct court monitoring cease. But he reversed his position this summer and called for up to two years of additional court scrutiny, and also said that he no longer wants the job.
Groves said he had expected that his services would no longer be needed by now, and that family, health and work commitments prevent him from continuing to serve as monitor.
Plaintiffs' attorney Eric Seitz said he expects the judge will adopt the report of special court master Jeff Portnoy and his recommendation of 18 more months of oversight.
Seitz also said the judge could give a timetable and procedures for replacing Groves.
Groves, a special-education expert who lives in Florida, has been the subject of intense scrutiny in Hawai'i and has been subpoenaed to appear before a special legislative committee — reasons some feel will make it difficult to find a willing replacement.
Today's hearing was originally scheduled for June 10, but was continued by Ezra.
The delay came in the wake of public allegations by the attorney general's office that the special-education system is riddled with fraud. One person who worked for a special-education service provider has been convicted for falsely billing $1,800 so far, but investigators have characterized that case as the "tip of the iceberg."
Lawmakers are also in their second year of a special investigation of Felix-related spending, trying to determine where state money went and whether it reached the children for whom it was intended.
Reach Jennifer Hiller at jhiller@honoluluadvertiser.com or 525-8084.
