[ OUR OPINION ]
AFTER eight years of the federal court looking over its shoulder, the state appears close to meeting its obligation of providing satisfactory services in special education. More important is the assurance that handicapped and emotionally disturbed children will be educated appropriately. Special-needs children
getting their due
THE ISSUE The state appears to be close to complying with federal requirements to provide proper education programs for them.
A report by the monitor appointed by the court indicates the state is substantially in compliance with the Felix consent decree, which the court issued in 1994 to require improvements in special education. A judge will make the final determination next month as to whether the monitor's oversight will be terminated. However, even after that, the state will be required to report to the court for two more years.
The decree has been costly to the state, both in terms of dollars and in good will among parents whose children need the extra assistance. It took a lawsuit in 1993 to get the state moving toward providing special-education services that had been required since 1975. At the time the decree was issued, only 4.2 percent of Hawaii school children had been designated as in need of special education, far below the national average. The number now is close to 11 percent. The state had been spending about $115 million a year for the services, while at present, spending totals about $340 million.
Although the state has made significant strides, the report by monitor Ivor Groves points out his concern that parents and schools are having more difficulty resolving conflicts about what kinds of services the students should receive. Hawaii appears to have a higher rate of conflicts requiring mediation and appeals than other comparable states, he says. The indication is that the years of contentiousness about the state's compliance laid a groundwork for mistrust among parents of special-education students.
In addition, the huge financial outlay necessary to establish special-education programs coupled with the state's budgetary problems caused worry among parents that regular education programs were being shortchanged.
Meanwhile, the state Legislature is continuing its investigation of whether there was improper use of funds in the state's rush to comply with the decree.
The good news is that the 38 of 41 school complexes likely will meet compliance standards. One more is close; two others have yet to reach that stage. The state also has certified 88 percent of a required 90 percent of special-education teachers. Although the state has come a long way, officials should continue to improve and sustain its programs. It cannot again abandon Hawaii's children with special needs.
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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
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Lucy Young-Oda, Assistant Editor 529-4762; lyoungoda@starbulletin.comMary Poole, Editorial Page Editor, 529-4790; mpoole@starbulletin.com
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