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The Honolulu Advertiser
Posted on: Wednesday, October 21, 2009

Lawsuit filed for disabled children over Friday furloughs at Hawaii schools

Advertiser Staff

A civil rights lawsuit has been filed in U.S. District Court last night seeking to block the Hawaii Department of Education's actions of imposing Friday furloughs at schools statewide.
Meanwhile, attorney Eric Seitz filed a motion in U.S. District Court today for injunctive relief on behalf of "everybody affected by the furloughs" as well as special education students and parents and students in charter schools.

Last night's lawsuit, filed by attorneys Stanley Levin and Susan Dorsey from the Levin Education Access Project and Carl Varady asks the court to stop the furloughs to preserve the quality and integrity of the special education and related services disabled children now receive.
The lawsuit alleges that the furloughs constitute an unlawful unilateral change in the programs and services these children receive. Federal law prohibits such changes unless parents agree or a hearing officer or court determines that the changes are appropriate for the child.
The lawsuit also charges that the DOE has not considered the effect of these changes on the disabled children's programs that were negotiated when both the parents and the DOE understood the school year would be 17 days longer than it is with the furloughs. A 20 percent reduction in the instructional year is an impermissible change, the case alleges.
It is expected that a motion for a temporary restraining order to stop the furloughs will be filed today. Plaintiffs will ask the court to decide the case before Friday but said they will pursue the matter whether or not the TRO is granted.
A press conference will be held at 2 p.m. today at the offices of Levin Education Access Project at 851 Fort Street, 5th floor.