Hearing into Felix A joint state House-Senate investigative committee has rescheduled a hearing looking into the state's spending practices in complying with a federal consent decree.
spending delayed
Committee members ponder
subpoenaing others who are
under federal indictmentBy Crystal Kua
ckua@starbulletin.comOriginally slated for tomorrow, the hearing will now be held Aug. 20.
The committee had subpoenaed Department of Education Felix compliance officer Doug Houck to testify tomorrow morning, but Houck is unable to appear because a family member is ill, the committee chairpersons said.
He now will appear 9 a.m. Aug. 20.
The committee is also scheduled to issue two more subpoenas, this time for documents from the Health and Education departments.
The committee is examining money spent by the departments while trying to comply with the federal Felix consent decree, which seeks to improve services to special-needs students.
The consent decree came about as a result of a lawsuit that alleged the state was in violation of federal law for failing to provide appropriate mental health and educational services to students with disabilities.
The committee is also contemplating whether to issue subpoenas to Judith Schrag and Lenore Behar, two members of a now disbanded court-appointed panel that provided the state with technical assistance.
Committee Chairwoman Colleen Hanabusa said that issuing the subpoenas could set up legal battle lines.
Behar is currently under federal indictment in North Carolina for allegedly misusing federal funds, allegations that she denies.
Hanabusa said Behar's criminal attorneys would probably fight to quash the subpoenas while she remains under indictment.
Hanabusa said the committee would likely have to contend with the Felix plaintiffs attorneys as well. Last month, the attorneys got U.S. District Judge David Ezra to quash subpoenas to Felix monitor Ivor Groves and office administrator Juanita Iwamoto.
Ezra ruled the two are quasi-judicial officials and thus are protected by standard judicial immunity against disclosing processes of the federal court.