Judge sets Felix
hearing for June

All school complexes except
for 2 have passed service testing
for special education

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By Crystal Kua
ckua@starbulletin.com

A federal judge is expected to decide in June whether the state has met all requirements of a federal mandate to improve special-education services in Hawaii's public school system.

U.S. District Judge David Ezra has scheduled a hearing for June 10, during which he is expected to determine whether the state is in compliance with the Felix consent decree.

Ezra's decision will come after hearing from Felix court monitor Ivor Groves, who is scheduled to file a report with the court by April 15.

Several calls to Groves were unreturned, but he has said previously that it is probable that the state could attain substantial compliance.

Attorneys for the state and the plaintiffs have until the end of April to respond to Groves' report.

The state Department of Education had until yesterday to submit status information to the court on several key benchmarks, state schools Superintendent Pat Hamamoto said.

But Hamamoto declined to assess the school system's chances of achieving compliance.

"It would be inappropriate to comment on whether we're in compliance or not, because the court will make that determination," Hamamoto said. "We have been working to meet compliance, but more importantly, it's about giving kids the services that we know will help them succeed."

A 1993 lawsuit filed for special-needs student Jennifer Felix alleged that the state was in violation of federal law for failing to provide appropriate mental health and educational services to disabled children.

A year later, an out-of-court settlement in the form of a consent decree was reached in which the state agreed to make required improvements.

The state had until Sunday to meet all remaining requirements or face possible takeover by the federal court.

So far, all but two school complexes -- high schools and their feeder schools -- in Waianae and on Lanai have not passed service testing, the assessment used to determine if school complexes meet school and systemwide requirements.

Action plans have been developed to assist those complexes with the delivery of services and the needed resources to meet compliance, Hamamoto said.

A third school complex, in Pahoa on the Big Island, stumbled in its final compliance presentation and now has to show how it plans to maintain the efforts of delivering services, Hamamoto said.

In other compliance areas, Hamamoto said the school system:

>>	Has about 88 percent of special-education teachers certified. The benchmark is 90 percent.
>>	Has seen improvements in response and generating reports with its Integrated Special Education computerized information system, which had been bogged down with technical glitches.
>>	Is engaged in specific strategies to improve reading.

But there are those who are skeptical about the state's progress.

"We're so far away from compliance. It's so rubber-stamped," said Sharon Landry, parent co-chairwoman of the East Hawaii Children's Community Council on the Big Island.

Bonnie Graham, parent co-chairwoman of the Central Maui council, said that the letter does not paint an accurate picture.

"The letter that was written supported the state's position," Graham said. "It seems that we're partners, but we're not partners. We've have to fight for every ounce of support we can get."