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The Honolulu Advertiser
Posted on: Thursday, June 21, 2007

Hawaii one of 9 states up to par on special ed

Advertiser Staff and News Services

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WASHINGTON — Hawai'i is among just nine states that are fulfilling federal requirements for educating students with disabilities while fourth-fifths of the states are falling short, the U.S. Education Department says.

The states got their first-ever federal report cards this week judging them on how well they are implementing the nation's main special-education law. The state-by-state results were posted on the Education Department's Web site yesterday.

The requirements are outlined in the Individuals with Disabilities Education Act, as the law is called. The largest part of the act is a $10.5 billion program providing students aged 3 to 21 with specialized programs to fit their educational needs.

The states that were found to be fully meeting the requirements of that part of the program were Hawai'i, Alaska, Connecticut, Michigan, Oregon, Pennsylvania, Tennessee, Virginia and Wyoming.

Greg Knudsen, spokesman for Hawai'i's Department of Education, said the state's compliance is "in part due to all of the attention and effort put forth because of the Felix Consent Decree. We have had tremendous improvements over the past 10 years, and it's confirmation that Hawai'i has improved in its delivery of services."

The Felix Consent Decree grew out of a lawsuit filed in 1993 on behalf of disabled Maui student Jennifer Felix. The suit alleged the state failed to provide services required by the federal Individuals with Disabilities Education Act. The case subsequently grew into a class-action lawsuit on behalf of all learning-disabled children in Hawai'i.

In 1994, all spending on special-needs children totaled $80 million. By 2005, the cost had grown to an estimated $350 million per year for approximately 11,000 Felix-class public school students.

The U.S. Education Department said the states that are not now fulfilling their responsibilities under the Disabilities Education Act could face sanctions such as the loss of federal aid if they don't improve within a few years.

One common trouble spot for states was ensuring that students with disabilities have a smooth transition from the public school setting to college or into the workforce. The law says 16-year-old special-ed students are supposed to receive help developing plans for life after public school. Much more thought and work needs to go into those plans, according to the department.

Another weak spot is state oversight regarding how well local school districts are complying with the special-ed law.

The reviews are based on information the states submitted to the federal government as well as monitoring visits and other publicly available data, according to the Education Department.

The states also were judged on a smaller part of the special-education law that involves services provided to infants and toddlers with disabilities. More states were judged to be meeting the requirements of the law in this category.

Advertiser staff writer Dan Nakaso contributed to this report.