Schools clearing The court-appointed monitor overseeing the state's progress toward complying with the Felix consent decree says he anticipates there won't be a need to place the state special education system into federal receivership at this time.
special-ed hurdles
Federal receivership looks unlikely
as a court monitor cites progress
with Felix requirementsA day before the deadline, the state
has 26 of the required 27 school
complexes conformingBy Crystal Kua
ckua@starbulletin.com"I do not think I will be recommending a receiver to the court," Ivor Groves said yesterday. "I think the state has moved sufficiently far along."
But plaintiffs' attorney Shelby Floyd said she is still hearing reports from parents, teachers and service providers about persisting problems.
"I still believe (a receiver) is needed," Floyd said. "I need to see the results of the benchmarks, whether the state has met the benchmarks before I can conclude one way or another."
The state is up against a deadline tomorrow to meet certain benchmarks or face federal receivership.
Those benchmarks include having two-thirds of school complexes -- high schools and their feeder schools -- pass service testing, which determines provisional compliance. One more complex is needed to reach the required number of 27.
But the state must also meet other requirements, including hiring a certain percentage of certified special education teachers and having the Department of Education's computerized information system, called Integrated Special Education, be fully operational.
Groves said he plans to submit a report to the court after reviewing all the data. Floyd said she expects to file a response some time after the monitor's report is filed.
U.S. District Judge David Ezra will be the final arbiter on whether a receiver should be appointed. A hearing is scheduled Nov. 30.
Named for the special needs student whose 1993 lawsuit alleged the state was not complying with federal law, the consent decree is aimed at improving the delivery by the state Departments of Health and Education of educational and mental health services to students with disabilities.
Groves said school complexes have worked hard in progressing toward improvement.
"We're dealing with a different system today than when we started. The capacity to provide for kids' needs is much, much better. I think people are much better organized. I think they are working much better together," Groves said.
Groves said, however, that he remains concerned about the state's ability to maintain the progress made so far.
"I continue to be concerned about sustainability. That's what I'm hearing."
Schools need continued supported by state government.
"I have the confidence they can get the job done," he said.
He also said the work is not complete, with some of the toughest school complexes yet to reach compliance.
"We still have areas with big challenges. ... We've still got some work to do."
But Floyd said she questions whether benchmarks in reading, personnel hires and other areas are being met.
"What has to be done is that the state has to be in compliance and clearly it's not there yet," Floyd said. "I think the monitor, while he may be tracking some things, my impression is that he is not tracking all that is going on. He is focusing pretty narrowly."
She is also concerned about sustainability because of a lack of permanent leadership in place and the joint legislative investigative committee examining costs related to compliance.
Board of Education Chairman Herbert Watanabe said that he was pleased to hear of the court monitor's statement.
"I'm glad to hear that because I think we've made progress."
He has confidence in interim Superintendent Pat Hamamoto's ability to lead the state toward compliance because she has been the department's point person on Felix issues.
Larry Geller, a watchdog of compliance issues, said no one is looking forward to the appointment of a receiver but he agreed that shortfalls remain and that a receiver may help.
"After seven years, the law of the jungle still rules: Parents must arm themselves with a good attorney in order to get services for their child," Geller said.
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