Filed Date: May 4, 1993
Closed Date: June 1, 2005
Clearinghouse coding complete
In May 1993, a class of over 13,000 children with disabilities residing in Hawaii sued the state, in the U.S. District Court for the District of Hawaii, for failing to provide educational and mental health services to students. The plaintiffs were represented by the Hawaii Disability Rights Center and private counsel.
On May 24, 1994 U.S. District Court Judge Ezra found the State liable for its failure to provide services to plaintiff class under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973, Section 504.
The parties reached a settlement agreement in October 1994, which provided that Hawaii develop educational and mental health supports and services, programs, and placement in accordance with the IDEA and Section 504. This was approved by the Court on October 25; Judge Ezra appointed a special master and a court monitor to facilitate compliance.
The terms of the decree included:
The plan was subsequently amended in August 1996 and December 1998.
On May 30, 2000 Judge Ezra found the State in contempt for failing to design and implement the system of care stipulated in the consent
decree. The Court added requirements to the decree that Hawaii meet infrastructure and initial performance benchmarks. The Court also ordered monitoring to verify improvements and compliance.
At this point, the Hawaii Legislature initiated an investigation into fiscal issues related to the consent decree. The state Office of Auditor assisted in the investigation by providing reports on use of funds by the Departments of Health and Education. The Office of Auditor recommended that the Departments implement coordinated capabilities for reporting and analysis of costs, including the use of consistent measurements for children's progress to ensure that health services were effective in meeting educational goals.
Because Hawaii had substantially complied with the Consent Decree by September 2002, the Court shifted the burden of monitoring to the state Department of Education and Health. In April 2004, the State met its obligation and the Consent Decree was terminated after an additional five quarters of reporting on key indicators.
None of the documents for this case are available via PACER, except the docket sheet. And there are no opinions available online, either. There is, however, a great deal of information available at this site, also linked below. Much of the summary above is based on the December 2001 audit posted there (and also here in the Clearinghouse).
Summary Authors
Elizabeth Homan (10/29/2012)
Carroll, Benjamin L. (Hawaii)
Aina, Charleen (Hawaii)
Chang, Steven K. (Hawaii)
Chiu, Joelle K. (Hawaii)
Bennett, Mark Jeremy (Hawaii)
Last updated Dec. 18, 2024, 2:45 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Hawaii
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: May 4, 1993
Closing Date: June 1, 2005
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All children and adolescents with disabilities residing in Hawaii who are eligible for and in need of education and mental health services pursuant to the IDEA but for whom such services are either unavailable, inadequate, or inappropriate․
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1994 - None
Issues
General/Misc.:
Access to public accommodations - governmental
Disability and Disability Rights:
Developmental disability without intellectual disability
Intellectual/developmental disability, unspecified
Discrimination Basis:
Disability (inc. reasonable accommodations)
Affected Sex/Gender(s):
Jails, Prisons, Detention Centers, and Other Institutions:
Placement in mental health facilities
Medical/Mental Health Care:
Intellectual/Developmental Disability