Hawaii taxpayers are on the hook for $8 million to fund lifetime care for a severely autistic 21-year-old woman, capping a 17-year battle her family waged against the state Department of Education over special-education services. The settlement will cover mental-health care, rehabilitation and housing supports for the rest of her life, according to the family’s lawyers. Her mother first started pressing the DOE for help when her daughter was just four years old, and the agreement closes out the department’s responsibility without triggering a federal lawsuit.
As reported by Hawaii News Now, attorney Eric Seitz, who helped negotiate the deal, said he had “not seen a settlement quite this large” and called the $8 million figure the minimum needed to generate a reliable income stream for the student’s lifetime care. A summary from the Attorney General’s Office noted that the DOE failed to follow orders from hearings officers, leaving the state exposed to potentially much higher damages if the case had gone to federal court. The DOE referred all questions to the Attorney General’s Office, which said it does not comment on pending or recent litigation.
Longstanding gaps in services
Advocates say the case is a stark example of long-running problems in Hawaii’s special-education system, including persistent staffing shortages and spotty compliance with administrative rulings. As reported by Honolulu Civil Beat, even sizable bonuses have failed to fix the statewide shortage of licensed special-education teachers. Attorneys and disability advocates say those gaps in personnel and services often force families into repeated appeals and, in some instances, expensive settlements like this one.
Lawmakers will review the claim
The agreement is included on the list of annual claims the Hawaii Legislature must review, and lawmakers will decide whether to fund it through the state’s regular claims process. According to Hawaii News Now, West Oahu Sen. Samantha DeCorte said the situation exposes gaps that “could have been prevented” and described the multimillion-dollar payout as a heavy burden both for the family and for taxpayers. By placing the settlement on the claims list, the state is agreeing to provide the negotiated supports rather than facing a federal lawsuit at this time…