Hawai ' i gets from the federal government into special education or appoint a special master to take over the education system. And while confirming the Legislature's right and responsibility to oversee state programs and expenditures, Ezra said the best way for the state to end the consent decree is to comply. Once relieved from his court's oversight, the state can take time to examine such issues, he said. But Say questioned that. Ezra also tried to head off a battle between state and federal powers, saying any such attempt by the state would be costly and unsuccessful.
State law is subservient to federal law.
In addition, in agreeing to the consent decree, the state waived any right of appeal, he said. However, Say said lawmakers are exploring their options. There are questions, he said, about the separation of the three branches of state government as well as the line between state and federal authority. One issue is whether the federal court can force the state to raise taxes, an option for paying for the consent decree. All we are handed is the bill.