DOE fined for failing to comply with Felix decree

Advertiser Staff

The Department of Education has been fined $15,000 and found in contempt of court for failing to provide appropriate education to a disabled student on the Big Island.

Federal Magistrate Leslie Kobayashi sanctioned the DOE after she said it had "opportunity after opportunity" to implement a behavioral program for the child.

Attorney Stanley Levin said the 12-year-old Kona student has behavioral problems and has been punished by teachers because he cannot read. "Meantime, he's going downhill educationally," Levin said.

The DOE must make payment by April 25 and still must develop an educational plan for the student.

Hawai'i's special-education system remains under federal court oversight through Felix consent decree.

The decree ended a 1993 lawsuit by the families of Maui student Jennifer Felix and other children that charged the state's special-education services were abysmal and failed to comply with federal law.