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IN AND AROUND THE CAPITOL
Felix consent decree
extended up to 2 yearsNotification for minors' abortions
By Crystal Kua
Briefly
Star-BulletinFederal court oversight of the state's effort to improve education and mental health services to public school special-needs students will be extended 18 to 24 months beyond the compliance deadline of June 30.
An agreement is in the works that will continue what's known as the Felix consent decree for a period up to June 2002 because the majority of schools are still trying to comply with the federal court mandate, lawyers in the case said.
Eric Seitz, one of two attorneys representing Jennifer Felix and other children in a 1993 lawsuit that alleged the state had failed to follow federal laws requiring adequate mental health, education and other services for children with disabilities, said that although the court will continue to monitor the progress toward compliance, the state must keep up the required investment and dedication to avoid being sanctioned by the court.
"The state is going to have to continue the level of obligation," Seitz said. "I think we have come a long way but we still have a ways to go."
For the current fiscal year, the Department of Education has a budget of $137 million for special education services and is asking the Legislature for an additional $20 million. The Department of Health has $86 million for related mental health services and is requesting an emergency appropriation of $18 million.
The state has identified 22,803 students who are receiving special education and other related services. Of that number, 10,757 children are considered part of the Felix class.
State Schools Superintendent Paul LeMahieu told the Senate Ways and Means Committee yesterday that the number of children identified for services has begun to stabilize and those numbers shouldn't begin to rise as fast as they have in past years. "It's fairly flat and has been for the last years."
LeMahieu said the task ahead will be to continue and not back track on what's been put in place so far.
So far, schools within the Nanakuli complex and on Kauai have been deemed in full compliance by court monitor Ivor Groves. Deputy Attorney Russell Suzuki said he hopes schools in these areas will be "rewarded" by being released from the consent decree in June and that those who are still progressing toward compliance will continue to do so at the same rate even if the date is pushed back.
Many other districts are close to compliance but others probably won't make it before June 30. Seitz pointed to places like Molokai and Waianae that are nowhere near compliance. "They are way behind."
Shelby Floyd, another lawyer for the plaintiffs who along with Seitz visited Molokai yesterday, said it will cost additional money for more certified special education teachers, more speech pathologists and other services to bring Molokai into compliance.
Most favor parental
By Pat Omandam
notification for minors’
abortions, poll says
Star-BulletinNearly 83 percent of Hawaii residents believe parents should be notified before a minor daughter undergoes an abortion, according to a survey commissioned by the Hawaii Family Forum.
Hawaii is one of a dozen states with no parental involvement laws.
State Rep. Michael Kahikina (D, Nanakuli) said it is ironic that there are laws requiring schools to notify him if his child receives aspirin or goes on a field trip, but there are no laws when it comes to notifying him if a daughter has an abortion.
"This is all common sense," said Kahikina, who has introduced a bill to change that.
Forum Executive Director Kelly Rosati said the statewide survey of 407 registered voters focused on issues that are legislative priorities for the group. Other results from the Jan. 8-11 poll, conducted by SMS Research, show:
"In Hawaii, it is currently legal for a 40-year-old man to have a 14-year-old girlfriend, and there is nothing the girl's parents could do about it," Rosati said.
Rosati said the survey results, which have a margin of error of plus or minus 4.9 percent, send a clear message to the Legislature to act quickly on popular, "family-friendly" measures.
Hawaii Family Forum is a nonprofit group committed to strengthening families in Hawaii.
Briefly
WHERE DO WE SIGN UP?
Big Island Rep. Robert Herkes has got a new idea for Sen. Rod Tam.Yesterday, Tam, advocate of naps and state-funded refreshments for demoralized state workers, said he's open to all new ideas to improve government.
As soon as he said that, Herkes came up with an "amended" bill for Tam and gave it to the news media.
"The senator's bill is to ensure that state employees get refreshing naps on a daily basis," Herkes said.
Herkes suggested that Tam change his bill to require "state department heads to awaken their employees every four hours for a 10-minute work break."
"Think how refreshed and vigorous state employees would be if allowed to nap for four hours," Herkes claimed.
While Gov. Cayetano is pushing an overhaul of the state civil service structure, Tam became the target of criticism with a proposal to allow state workers to use one of their two mandated daily breaks to take a nap and spend $600,000 in public money to buy coffee makers, coffee and snacks.
HANG-UPS:
A bill that would ban the use of cellular telephones, faxes, laptop computers and similar devices while in cars has been put on hold by a Senate committee.Senate Bill 2036 was opposed by almost every cellular-phone provider yesterday before the Senate Transportation Committee. The companies complained the bill, introduced by Sen. Rod Tam (D, Nuuanu), is too broad and goes against current Hawaii laws that already prohibit inattentive driving.
Driver education, they said, is much more appropriate and effective.
Police say the penalty for inattentive driving is a $500 fine and 30 days in jail.
"I think the penalty should be upped," said state Sen. Lorraine Inouye (D, Hilo), who admitted she uses her cellular phone while driving.
BEST TO INVEST:
State Rep. Dennis Arakaki wants to suspend for three years the state income tax cuts approved in 1998, saying the money is needed for education.Arakaki (D, Kamehameha Heights-Kalihi Valley) said sacrifices are needed to invest in Hawaii's future and the best investment would be in the education of children.
"The key to a sound economy for Hawaii's future is an educated work force that is well-prepared to meet the challenges of a global information and communication technology," he said.
The economic benefits of the four-year phase-in of tax cuts that began Jan. 1, 1999, are uncertain, he said.
"I'm confident that taxpayers would rather see their tax dollars result in better schools, teachers and students who are able to fill the demands for the work force of the future," he said.
The four years of tax cuts, lowering the 10 percent rate to 8.25 percent by 2002, will cut the income tax bill for those in the highest bracket by 17.5 percent.
Star-Bulletin staff and wire
