Federal Judge David Ezra declined to order that Hawaii's schools remain open on Furlough Fridays. Two cases brought to him asking for a temporary restraining order were heard Thursday afternoon. Ezra refused to issue a TRO at that late hour, saying: "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. I will not issue an order that will put children in jeopardy." He set a date of November 5 to hear the merits of the two cases.
His ruling has wisdom behind it, but where is the wisdom in a furlough plan that cuts 17 days from already short school calendars? A parent reports that Mililani Middle School will have only 144 instructional days left. That could be a record low for the state, and perhaps for the nation.
The two lawsuits cite federal law that prevents changing the educational programs of special needs children. Since schools closed yesterday for the first Furlough Friday, the damage is no longer theoretical, but has begun for those students. There could now be a flock of due process hearings or lawsuits filed by parents who have been activated by the failure of the judge to enjoin the school system from closing (he could have blocked furlough days between now and the November 5 hearing).
Attorney Eric Seitz' complaint includes regular education students as well. At least 800 parents and others rallyed at the State Capitol yesterday in protest of the closures. Many were clearly outraged.
Hawaii is typically ranked in the 40s to low 40s among the states in educational performance. With these new cuts, if challenges do not succeed, Hawaii may win the race to the cellar.