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A federal protection and advocacy agency for people with disabilities is suing the state Department of Education for release of documents relating to an investigation of a complaint that a Pearl City Highlands Elementary School employee abused a disabled student.
The Hawaii Disability Rights Center filed the lawsuit last week in federal court.
The lawsuit says school Principal Michael Nakasato last July informed the student’s parents that he had received an anonymous letter alleging abuse and neglect by a school employee. The letter said a teacher or aide yelled and swore at the student and pulled the student’s hair.
Center Executive Director Louis Erteschik said his agency made two requests on behalf of the student’s parents last August to see the anonymous letter.
The suit said department officials denied the requests.
Erteschik said the agency then agreed to wait until after the investigation was completed before renewing its request.
Nakasato issued a letter Nov. 23 stating that the investigation found nothing had happened, Erteschik said.
So HDRC renewed its request for the letter and records of the investigation in December. Education officials denied that request as well, the suit said.
"Once they investigate or file a report we’re entitled to it," Erteschik said.
He said the agency is not disputing the findings of the investigation but just wants to see the records.
Education spokeswoman Sandy Goya said the department will review the lawsuit when it receives it and will respond appropriately.
