HONOLULU -- A hearing to challenge the state's Furlough Friday plan will occur sooner than expected.

Lawyers representing families of students with special needs said the ninth circuit court of appeals agreed to move the hearing date to Dec. 10 instead of Jan. 7.

The families sued the state because they believe shortening the school year violates treatment plans for their children.

A federal court judge refused to grant a temporary restraining order blocking the furlough days.

While the legal complaint is making its way through court, lawmakers are considering tapping the state's rainy day fund to help avoid cutting into the school year.