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[ OUR OPINION ]

Children, taxpayers
may be victims of
special-ed fraud


THE ISSUE

An aide is accused of fraud in connection with the state's special-ed program.


THE legislative panel that examined the cost and services involved in the state's compliance with the Felix consent decree may take some satisfaction that its investigation laid the groundwork for a fraud indictment this week. But no one can be pleased that dishonest activity may have damaged the education of special-needs children and bilked taxpayers.

Although the amount of money allegedly involved in the case is small -- $1,800 compared to the more than $1 billion the state has spent in Felix services -- every penny that is not spent properly on helping children hurts the total effort. Further, the attorney general says the case that resulted in the indictment of a therapeutic aide is just one of seven his office is investigating.

How widespread the illegal activity may have been remains unclear, but in the rush to meet requirements ordered by the federal court, the program was ripe for abuse, intentional and unintentional. As the cost of special education ballooned, lawmakers organized the investigative committee to see if the money was being paid out properly and efficiently. The committee concluded that accounting for special-education services was in disarray. Hampered by the federal court's rejection of its attempts to question some people involve in the program, the panel said it was unable to pinpoint exactly where problems lay, and turned over its report to the attorney general.

Last November, the state auditor also uncovered a pattern of problems and questionable billings for services. With the huge amounts of money and severe pressure on the state to meet compliance, the auditor said some service providers saw a gold mine and took advantage of the situation. Other problems may have simply been a matter of honest mistakes, as the state -- having lagged for years in providing special education, as the law requires -- was forced to speed ahead.

The indictment this week represents the first charges to be brought in connection with the program, but there have been other consequences. The committee's investigation led to the resignation of Paul LeMahieu, the superintendent of schools under whose watch the majority of compliance matters were tackled. LeMahieu left his post after information was revealed about an "inappropriate" relationship he had with a Felix-needs contractor.

Although the state has yet to reach full compliance with the decree, it appears to have taken the necessary steps, and the court is expected to release Hawaii from its supervision next month. The indictment tarnishes the state's effort to finally make good on its covenant to provide mentally disabled children with a proper education.


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Police can enforce
cellular-phone ban


THE ISSUE

The City Council is considering an ordinance that would ban the use of a hand-held cellular telephone while driving.


HONOLULU police boast that they issued 18,648 citations last year to people who didn't buckle their seat belts, but they claim a law prohibiting the use of hand-held cellular telephones while driving would be difficult to enforce. Their reluctance must not deter the City Council from enacting such an ordinance as a first step toward reducing this road hazard.

Councilman John Henry Felix introduced the bill, which would allow a motorist to use a hands-free phone, and also would exempt hand-held phones used to make emergency calls. It is unclear why police believe they would have difficulty spotting a driver with a phone to his ear when they have no problem detecting people whose seat belts aren't fastened.

The danger is readily apparent to motorists observing erratic drivers with phones to their ears, and it has been proved by various studies and too many accidents. Physical activities such as personal grooming, eating, changing radio stations or conversing with passengers are minor in comparison. Studies show that talking on a cell phone while driving is as dangerous as driving drunk.

New York last year became the first state to ban hand-held telephones while driving, and 16 smaller jurisdictions, including Miami and Santa Fe, N.M., have adopted similar laws. A five-fatality accident caused by a driver talking on her cell phone on the Capital Beltway has increased interest in the adoption of such a law in the Washington, D.C., area. A similar proposal in Hawaii has been rejected by the Legislature in the last two years.

The danger is growing. More than 100 million Americans now own cellular phones, and an estimated 85 percent of them use them while driving. As talking on the phone while driving graduates from being a status symbol to a national habit, controls are needed.



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Published by Oahu Publications Inc., a subsidiary of Black Press.

Don Kendall, Publisher

Frank Bridgewater, Editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner,
Assistant Editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, Assistant Editor 529-4762; lyoungoda@starbulletin.com

Mary Poole, Editorial Page Editor, 529-4790; mpoole@starbulletin.com
John Flanagan, Contributing Editor 294-3533; jflanagan@starbulletin.com

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