Wednesday, November 25, 2009
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Judge rejects effort to keep schools open
POSTED: 03:09 p.m. HST, Oct 22, 2009
U.S. District Judge David Ezra today rejected an effort to open schools tomorrow, saying he had virtually no choice but to allow the first "furlough Friday" to take place tomorrow.
"We have a train which is going down the tracks and like most trains it takes some time to stop and we do not have that time," he said this afternoon. "I will not issue an order that will put children in jeopardy."
He said it was too late to try to call teachers and staff back to campuses tomorrow.
However, he said, he has not decided on the merits of the arguments and set a hearing for Nov. 5 to consider the two lawsuits that are trying to stop the state's effort to cut 17 days from the school year. There will be two "furlough Fridays" before Nov. 5.
"I am not saying for a minute that the court has reached any conclusions," he said.
The two lawsuits requested a temporary restraining order to stop "furlough Fridays," the state's plan to help balance the budget by giving teachers and school staff unpaid days off.
One lawsuit represented nine students with autism, while the other was filed on behalf of regular and special education students.
The first lawsuit, filed by attorneys Stanley Levin, Susan Dorsey, and Carl Varady, contends that the furloughs represent an illegal change in special education services the disabled children receive. Federal law allows changes to such "individual education plans" only if parents agree or a hearing officer or court finds the change appropriate for the child.
The second lawsuit, filed by attorney Eric Seitz, contends that the state's plan to shut down public schools for 17 days between now and the end of the school year will cause irreparable injury to students.
U.S. District Judge David Ezra today rejected an effort to open schools tomorrow, saying he had virtually no choice but to allow the first "furlough Friday" to take place tomorrow.
"We have a train which is going down the tracks and like most trains it takes some time to stop and we do not have that time," he said this afternoon. "I will not issue an order that will put children in jeopardy."
He said it was too late to try to call teachers and staff back to campuses tomorrow.
However, he said, he has not decided on the merits of the arguments and set a hearing for Nov. 5 to consider the two lawsuits that are trying to stop the state's effort to cut 17 days from the school year. There will be two "furlough Fridays" before Nov. 5.
"I am not saying for a minute that the court has reached any conclusions," he said.
The two lawsuits requested a temporary restraining order to stop "furlough Fridays," the state's plan to help balance the budget by giving teachers and school staff unpaid days off.
One lawsuit represented nine students with autism, while the other was filed on behalf of regular and special education students.
The first lawsuit, filed by attorneys Stanley Levin, Susan Dorsey, and Carl Varady, contends that the furloughs represent an illegal change in special education services the disabled children receive. Federal law allows changes to such "individual education plans" only if parents agree or a hearing officer or court finds the change appropriate for the child.
The second lawsuit, filed by attorney Eric Seitz, contends that the state's plan to shut down public schools for 17 days between now and the end of the school year will cause irreparable injury to students.
Today’s Edition
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- Legislators cancel party plans
- Teachers willing to return for restored furlough days
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- By Request: Help others and collect the year's best recipes
- The Electric Kitchen: Desserts offer options to usual pumpkin pie
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- Wahine advance to WAC final
- Medeiros catches on at slot
- Prep World: Jamora ready for Govs
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