Audit criticizes
state on
Felix decree

A lack of leadership is hindering
compliance, the report says

By Crystal Kua
Star-Bulletin

Absence of strong leadership is at the root of the state's failure to significantly improve education and mental health services for special needs children, says a state auditor's report.

Auditor Marion Higa said the job of operational manager was created in 1997 to provide the authority needed to coordinate compliance with the Felix consent decree, which is a court order to improve services to special needs children.

Nonetheless, Higa said, the state's effort -- primarily handled by the state Health and Education departments -- remains uncoordinated and poorly implemented.

"From our understanding, that office is supposed to play much more of a leadership role," Higa said. "It seems to us that this central office has more authority than it's exercising."

Linda Colburn, Felix operational manager, said that in the 18 months since she was named to the position, there has been more coordination between agencies charged with delivering these special services.

"The interactions have improved in quality and frequency," Colburn said.

The consent decree is the result of a federal class-action lawsuit filed in 1993 for Jennifer Felix and other children. The suit alleged the state had failed to provide adequate mental health, education and other services for disabled children.

The state agreed to improvements in a 1994 consent decree. The state has until June 30, 2000, to fulfill the requirements.

Higa reports that the state's effort to comply lacks clarity and focus, making the goal of compliance "a moving target."

"An inefficient and ineffective system of care, a complex accountability structure, and the absence of overall leadership continue to hamper efforts to achieve compliance," the auditor's report says.

It says a "major cause" is the lack of the authoritative leadership.

The report says: "The state lacks the leadership necessary to organize, direct, and coordinate Felix-related activities."

And the operational manager's office should be the source of that leadership because that position was created to direct and coordinate the work of the agencies involved, Higa said.

Colburn said she sees her job as bringing together critical players to develop policy and solve problems, supporting the departments in following through on agreed-upon changes, making the process more accessible to the public and clarifying issues before they become problems.

Colburn said the Felix process is more focused, collaborative, consultative and inclusive than it has ever been.

"There's far more collaboration than (the auditor) sees occurring," Colburn said. Funding is also a consideration whether positions and services are in place to meet service obligations, she said.

She said the auditor's report was the result of "disjointed" snapshots of a complex system, and not an overall picture. The audit also was drafted before the results of long-

term changes were seen, making the findings "aged" and not reflective of the current situation.

Attorney Eric Seitz, one of lawyers representing the plaintiffs and a frequent critic of the state on the Felix process, said he doesn't disagree with the auditor's findings.

"The problem is that it's old news," Seitz said. He said the report does not advance solutions in the case.

The state has identified who is in need of service but must now concentrate on the quality of service -- such as training, recruiting and providing resources for special education teachers, speech pathologists, occupational therapists and other specialties, Seitz said.