Monday, November 23, 2009
Search
Blogs
HiLife Online 
Most Read
- Kauai police use Taser on mixed martial arts fighter
- UH move to downtown was deemed too costly
- Man shot in police encounter
- Family raises $66,000 for son's liver surgery
- Police close Nuuanu Pali Drive
- Bowl hopes intact after OT victory
- Surfer turns love of sea into booming business
- Tread carefully with Web site of DUI shame
- On the safe side
- Police shoot at car in Kakaako
- Streak means nothing with 8-3 Navy heading in
Two lawsuits seek to halt 'furlough Fridays' at Hawaii public schools
POSTED: 11:04 a.m. HST, Oct 21, 2009
Lawyers representing public school students, in both regular and special education, have filed two separate lawsuits in U.S. District Court seeking to block "furlough Fridays."
A class-action suit filed this afternoon by attorney Eric Seitz and others contends that furlough Fridays present a breach of contract, have a discriminatory impact on students, and violate special education law as well as equal protection provisions.
The complaint notes that parents enrolled their children in public schools on the assumption that the school year would be 180 days, and then the state decided unilaterally to shut down schools for 17 days this year. It also says the decision disproportionately affects certain classes and racial groups.
The suit names five plaintiffs acting on behalf of 11 children, aged 3 to 17, from across the state. It was filed against Gov. Linda Lingle, Schools Superintendent Pat Hamamoto and Board of Education Chairman Garrett Toguchi.
Shortly before midnight yesterday, a civil rights lawsuit on behalf of nine special education students, who were not named, was filed in U.S. District Court. It was filed by attorneys Stanley Levin and Susan Dorsey, of the Levin Education Access Project, and attorney Carl Varady.
The suit alleges that the furloughs are an unlawful change in programs and services the disabled children receive. Federal law allows changes to such special education services only if parents agree or a hearing officer or court finds the change appropriate for the child.
"Parents were never consulted before these significant changes were imposed, and, even today many of them have not been told how and by whom their children's programs will be implemented on Friday when the schools are closed," Levin said. "All they are being provided are vague reassurances that 'everything will be OK.'"
The Department of Education and the Hawaii State Teachers Association have agreed to shut down Hawaii's public schools for 17 Fridays this academic year and another 17 Fridays next year to save money. The first furlough day is this Friday.
Attorneys in both suits said they planned to follow up with requests for temporary restraining orders.
"We'll ask the judge to have a hearing or to rule on it before Friday," Seitz said. If successful, he said, the suit would immediately affect the people named in it.
"Our hope is it would extend to everybody similarly situated because otherwise that would be discriminatory," Seitz said.
Lawyers representing public school students, in both regular and special education, have filed two separate lawsuits in U.S. District Court seeking to block "furlough Fridays."
A class-action suit filed this afternoon by attorney Eric Seitz and others contends that furlough Fridays present a breach of contract, have a discriminatory impact on students, and violate special education law as well as equal protection provisions.
The complaint notes that parents enrolled their children in public schools on the assumption that the school year would be 180 days, and then the state decided unilaterally to shut down schools for 17 days this year. It also says the decision disproportionately affects certain classes and racial groups.
The suit names five plaintiffs acting on behalf of 11 children, aged 3 to 17, from across the state. It was filed against Gov. Linda Lingle, Schools Superintendent Pat Hamamoto and Board of Education Chairman Garrett Toguchi.
Shortly before midnight yesterday, a civil rights lawsuit on behalf of nine special education students, who were not named, was filed in U.S. District Court. It was filed by attorneys Stanley Levin and Susan Dorsey, of the Levin Education Access Project, and attorney Carl Varady.
The suit alleges that the furloughs are an unlawful change in programs and services the disabled children receive. Federal law allows changes to such special education services only if parents agree or a hearing officer or court finds the change appropriate for the child.
"Parents were never consulted before these significant changes were imposed, and, even today many of them have not been told how and by whom their children's programs will be implemented on Friday when the schools are closed," Levin said. "All they are being provided are vague reassurances that 'everything will be OK.'"
The Department of Education and the Hawaii State Teachers Association have agreed to shut down Hawaii's public schools for 17 Fridays this academic year and another 17 Fridays next year to save money. The first furlough day is this Friday.
Attorneys in both suits said they planned to follow up with requests for temporary restraining orders.
"We'll ask the judge to have a hearing or to rule on it before Friday," Seitz said. If successful, he said, the suit would immediately affect the people named in it.
"Our hope is it would extend to everybody similarly situated because otherwise that would be discriminatory," Seitz said.
Today’s Edition
- Troubled bridges over island waters
- Man shot in police encounter
- 70 U.S. Army reservists receive warrior citizen awards
- Family raises $66,000 for son's liver surgery
- Ocean Watch: A love of fish catches new friends, families
- Island Images
- Newswatch
- Police and Fire
- Trader with a taste for risk fishes for tuna from a kayak
- Deal will turn a hospital private, with goal of efficiency
- Readers asked to share holiday horrors
- Easing holiday stress
- It's About Time: An annual reality check can help you reorganize
- Da Kine
- Pet Ohana
- Got nutrients?
- Wahine dominate All-WAC honors
- Hawaii starts defense of its WAC tourney title tomorrow
- Crucial homestand for chance at bowl
- Five big plays from Hawaii's 17-10 victory
- Further Review: Streak means nothing with 8-3 Navy heading in
- Garcia advances at Reef Hawaiian Pro
- Hawaii Beat
- Scoreboard
- Television & Radio
insideStarBulletin.com
