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The Honolulu Advertiser
Posted on: Tuesday, December 13, 2005

Board eyes special-ed task force

By Beverly Creamer
Advertiser Education Writer

ATTORNEY FEES DOWN

Attorney's fees for due- process hearings costs:

2003-04: $344,792

2004-05: $462,961

2005-06: $16,000

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Responding to continuing concerns from parents of children with autism, the state Board of Education will consider creating a task force to look into special-needs issues, with input from parents, administrators and schools.

"Special education has cost us an arm and a leg over the years," said board member Mary Coch-ran, who called for the task force. "We want to make sure it's being monitored. We don't need another Felix/Waihee today," she said.

The Felix case was a landmark 1993 lawsuit that forced the state to make system-wide improvements. The suit grew into a class-action case on behalf of all learning-disabled children in Hawai'i. The Felix consent decree that resulted in 1994 dominated the education agenda in Hawai'i for more than a decade, and probably cost the state more than $1 billion.

The concerns of the board came as the department released numbers showing dramatic improvements this year.

There's been a drop in attorney fees over the last two years compared to this year, an increase in the number of cases settled or withdrawn, and closer monitoring by the department to make sure individual education plans for students are being followed, officials said.

The number of requests for "due-process hearings" — initiated when parents have unresolved complaints — is also down. In 2003-04, there were 171 such requests, compared with 250 last year, but only 88 so far this year.

None of that stopped Cochran from taking DOE special-education officials to task for a letter they sent to parent Linda Lento, telling her she could take her complaints to a "due-process hearing." Lento had asked for assistance for her son, who has Down syndrome and may need additional services at his school, noting that many of his needs have not been addressed in his individual education plan.

"What a cold-blooded bureaucratic response to a parent frustrated with the system," said Cochran, holding up a copy of the reply. "It's like the city saying, 'Take a number,' " she continued, adding, "when you start saying things like this, you're inviting litigation, and that's one thing we want to avoid."

As well, said Cochran, "I want to make sure those parents know we're here to serve the children."

Board member Denise Matsumoto urged department officials to make sure parents are told of mediation services that can be offered through the schools in an attempt to resolve differences before frustration and distrust lead to more lawsuits.

Board member Karen Knudsen agreed that fuller discussions would be of value.

"I like the concept of more fully discussing this," said Knudsen. "These issues keep coming up."

Board member Garrett Toguchi suggested targeting the organizations that frustrated parents turn to when they feel their children's needs are not being met, and partner with them to make sure parents know of mediation services.

He noted one case in particular, that of Nancy Brown, who had been petitioning for two years to get the department to reimburse her family for her son's attendance at a specialized Mainland school. It was paid in November after the board asked superintendent Pat Hamamoto to look into the case.

"People need to be held accountable for what they're not implementing," said Toguchi.

Several parents complained that their children had been harmed by the change in contracts with providers who serve special-needs children suffering from autism spectrum disorder.

Four months ago, parents testified before a joint legislative committee looking into complaints regarding the changes in some service providers, and yesterday, they said many of their fears had come to pass.

Yesterday, parent Heather Steiner said her 12-year-old autistic son couldn't be accommodated after school to get the social skills he needs, with the school saying he would have to give up some academics to get the social skills within the school day.

"The principal looked right at us and said it was financial, they can't afford it," said parent Dean Steiner.

Toguchi shook his head. "The federal law doesn't allow us to use money as a reason," he said.

Parent Kalma Wong said her child's progress has slowed because of the change in personnel, and Kim Uluave said the same is happening to her son.

"Autism is an all-encompassing disability," said Uluave. "Now nobody there (at the school) is doing anything."

Debra Farmer, administrator of the Special Education Section, said internal reviews have already been completed in 20 of 41 school complexes to make sure individualized education plans and appropriate services are being implemented. She expects the remainder to be complete by the end of the year.

Reach Beverly Creamer at bcreamer@honoluluadvertiser.com.

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