7 j Eric A. Seitz Eric A. Seitz, Attorney At Law Terence Kawasaki A LAW CORPORATION Della A. Belatti Ronald N.W. Kim October 8, 2009 Hand Delivered Mark J. Bennett, Esquire Attomey General State of Hawaii 425 Queen Street Honolulu, Hawaii 96813 ‘Dear Mr. Bennett: We have received an overwhelming number of requests for representation from individuals and organizations throughout Hawaii who are seeking our representation in a Felix like lawsuit to enjoin the upcoming furloughs in public education. Many of the complaints involve the discontinuity of services to special needs children. Other concerns focus on the potential dilution of educational programs to such an extent that Hawaii public school students may face accreditation issues if and when they transfer or seek to continue their educations elsewhere and an inability to compete on standardized examinations that may adversely affect their future educational opportunities. Some families are complaining that when they chose to enroll their children in the public schools and forego private school alternatives they relied specifically on the published school calendar for the 2009-2010 academic year and adjusted their ‘own work and vacation schedules accordingly. Finally, we are inguiring into and researching possible claims that the impact of reducing public education services falls predominantly and has a disparate impact upon low income and local ethnic communities and single parents because they constitute the overwhelming utilizers of public education due to their inability to afford private schools. In the event that we do initiate litigation we will file a complaint in behalf of several proposed classes of plaintiffs including advocacy, service, and professional organizations. We anticipate that our initial complaint and motion for preliminary injunctive relief will be completed and ready for filing on or about October 19" and will seek to enjoin the initial furloughs scheduled for October 23. ‘The individuals and organizations with whom we are in contact are very disturbed about what they view as a virtual attack on public education and the unwillingness of the current administration and legislature to seek creative solutions to avoid such serious consequences. We would greatly prefer to resolve our concems through a deliberative process, but in the interests of 520 MILILANI STREET SUITE 714, HONOLULU, HAWAL 96813 PHONE: (808) $33-7434 FAX; (S08) 545-3608Mark J. Bennett, Esq October 8, 2009 Page Two time — and due to the lack of opportunities for public impact — we are likely to proceed with litigation instead. In short, we are still willing to meet and attempt to resolve all of the parties’ concems; however, we want an initial agreement to postpone the most imminent furlough days to enable a meaningful compromise and settlement process to proceed. I would be happy to discuss this matter with you at your earliest convenience. Sincerely out Eric A. Seitz cc Rep. Roy M. Takumi Rep. Lyla B. Berg Sen. Norman Sakamoto