Every public school in Hawaii has now reached at least "provisional compliance" with the Felix consent decree to improve special education, a monumental task triggered by a parent's lawsuit filed in 1993. All schools following
Felix orderA plaintiffs' attorney commends the state
for its improvements to special ed servicesBy Susan Essoyan
sessoyan@starbulletin.com"It's wonderful to think of how far we've come," Shelby Anne Floyd, plaintiffs' attorney, said yesterday. "There has been tremendous improvement."
The state Department of Education announced yesterday that schools in Waianae and on Lanai had passed the service testing requirements of the court order.
They must make successful presentations to the plaintiffs' attorneys and court monitor early next year before joining all the other schools around the state already in full compliance.
"This is a significant milestone for the public schools of Hawaii," said Superintendent Patricia Hamamoto. "The continuing challenge is to sustain those services and ensure that all students receive the attention and assistance they require to succeed."
Jennifer Felix, represented by her mother, sued the state in 1993 over mental health services for students. The case became a federal class-action lawsuit the next year. In October 1994 the Felix consent decree was approved, specifying parameters for educating students with disabilities.
Floyd applauded Hamamoto and her predecessor, Paul LeMahieu, for "really showing that they meant business.
"We hope the new governor continues that effort and funds education appropriately," she said.
When the suit was first filed, Floyd said, "the state was not identifying kids in need of mental health services and special education, and when it did identify those kids, it wasn't providing services."
"It was appalling," she said. "There was no system to take care of these kids' needs. That has been created in the last 10 years."
Juanita Iwamoto, who was named interim court monitor yesterday, said schools in Waianae and on Lanai faced hurdles because of their isolation and staff shortages.
"Their geography and volume of special-needs children really challenges the system," she said. "They've worked very hard with a lot of support from the community and the state."
In September, U.S. District Judge David Ezra declared the state had reached substantial compliance with the decree. But he said that federal oversight would continue through Dec. 31, 2003.
The number of children identified as needing special education in Hawaii jumped to 20,100 in the 2000-2001 school year from 11,500 during 1992-1993.
"It has been challenging, but I think the schools and the staff have learned a lot," said Debra Farmer, who oversees the state's special-education section. "The kids have reaped the benefits."
State Department of Education
