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Lawsuit faults
state on special
education needs

A federal judge is asked to name
a receiver to improve services for
students with special problems

By Crystal Kua
Star-Bulletin

A federal court judge should hold the state of Hawaii in contempt of court for failing to improve educational and mental health services for special needs students by a June 30 deadline, lawyers in a class-action lawsuit said yesterday.

Attorneys Eric Seitz and Shelby Anne Floyd filed a motion asking U.S. District Judge David Ezra to rebuke the state for allegedly failing to provide, train and support special education teachers, care coordinators, educational aides and speech pathologists.

The plaintiffs, besides asking that the state be held in contempt, also are asking Ezra for an order to override state personnel and licensing laws, collective bargaining agreements, procurement laws and any other laws that block the state's road to compliance.

They also are asking for the appointment of a receiver to take control of services on the Big Island and Maui, as well as in Aiea, Kapolei, Waianae, Kahuku and Kaimuki.

Seitz and Floyd said the state was supposed to have 32 school complexes -- high schools and the schools that feed into them -- in compliance with the Felix consent decree, but so far only four complexes have met the mark.

Floyd said there's been a "wholesale failure to substantially comply with the consent degree."

But state officials say they have made significant strides within recent years to comply with the federal mandate and are committed to meeting their responsibilities.

"It should not distract from the great progress that has been realized and it should not distract from the obligations," state schools Superintendent Paul LeMahieu said.

"There is no quick fix," state Deputy Health Director Anita Swanson said. "We need additional time."

A federal lawsuit filed in 1993 for Jennifer Felix alleged the state is violating federal laws requiring adequate mental health, education and other services for special needs children. The state agreed to a 1994 consent decree ordering improvements.

Some places haven't seen improvement within the past five years and places like Molokai appear to be worse off than they were prior to the consent decree, Seitz said.

"They are just in horrible shape," he said.

While the number of children identified with special needs has doubled, the statewide percentage of children receiving timely service remains low, Seitz added.

LeMahieu said personnel in the schools and on the front lines have worked hard toward compliance. He said the DOE hopes to reach an amicable resolution by determining what issues need to be addressed past June 30 to develop, implement and maintain a system of care.

Swanson said, "We are continuing to address the individual child's needs as those needs change. We are not designing a box. Our system should support those changes."

A hearing is scheduled for the week of May 22 on the contempt motion.