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The Honolulu Advertiser
Posted on: Thursday, June 2, 2005

EDITORIAL
Felix compliance will take constant vigilance

After more than a decade, the state has finally extricated itself from federal oversight of its educational services to mentally and physically challenged students.

That's cause for some celebration. But modest celebration at best.

It is indeed shameful that it took a lawsuit (known as the "Felix" lawsuit because it was originally filed on behalf of Maui student Jennifer Felix) and more than 10 years of tough, uncompromising court supervision to get us where we are today.

Many millions of dollars later, the state now is providing a "free and appropriate" education to most, if not all, of its special-education students.

The cost of reaching this landmark was astounding, in part because Hawai'i was forced to play catch-up after years of failing to fully meet its obligations to these students under the law.

The challenge now for the state, including the Department of Education and the Health Department, will be sustaining that progress.

We've been assured it will. Officials insist that they will not allow the momentum to slip. And, as a practical matter, they cannot afford to slip.

It is a lock-solid guarantee that if special-education services begin to decline, there will be another lawsuit and another extremely expensive compliance effort.

Without pressure from the federal courts, there will be inevitable temptation to slow down the pace or divert some of the money now spent on so-called "Felix class" students to other worthy purposes.

This must not happen. Education officials point out that the number of special-education students being served (as a percentage of the total student body) and the amount of money spent is appropriate and not out of proportion with other school districts.

In addition, services and facilities aimed at special-education students often benefit the entire system, in terms of higher quality instruction, better facilities and the like.

And to the degree that special-education students can be helped through these special services to succeed in school and, later, in life, society benefits in practical as well as moral terms.

A sorry chapter has been closed. But it will remain closed only if school officials, administrators and legislators maintain a vigilant effort so that it is never repeated.