By Alice Keesing
Advertiser Education Writer
Attorneys for special needs students say they will ask a federal judge to intervene should Hawai‘i’s teachers walk off the job, a move that could cut short an impending strike.
| At a glance
The state’s nearly 13,000 teachers are expected to authorize a strike during voting that begins at 6 tonight.
 The union is seeking across-the-board raises of 10 percent and step increases totaling 12 percent over four years.
The state’s offer averages a 12 percent increase, ranging from 10 to 20 percent.
Teachers now earn $29,000 to $58,000 annually. |
The state’s nearly 13,000 public school teachers will vote today on authorizing a strike, which is expected to begin April 5.
But attorney Eric Seitz said if teachers walk off the job, it will have "serious ramifications" for the Department of Education’s efforts to comply with the Felix consent decree and a federal judge’s order to show improved special education services by December.
"As far as we’re concerned, a strike of more than a couple of days will make it impossible for the state to meet its obligations under Felix and we’re going to intervene," said Seitz, one of the attorneys who filed the class-action lawsuit that led to the consent decree.
However, the attorney general’s office said it is unclear whether Seitz’ motion would be successful.
U.S. District Judge David Ezra already has found the state in contempt for not improving services as he ordered. He has warned of dire consequences if state officials fail to meet the December deadline. The judge’s powers would allow him to divert money to pay for special education or even take over the education system.
The Felix consent decree is the result of a 1993 class-action lawsuit on behalf of special education students in Hawai‘i who also need mental health services. It requires state officials to better identify those children, then treat and educate them in the least restrictive environment.
Seitz said if teachers go on the picket line, he will file a motion asking Ezra to "do whatever is appropriate" to ensure that services to the more than 10,000 Felix-class children are not disrupted.
Hawai‘i State Teachers Association president Karen Ginoza said that could put pressure on the state to settle their deadlocked negotiations.
It would be within the judge’s authority to require the state to settle the contract and get teachers back to work, Seitz said, and if the state failed to do so, the judge could then take over the system.
Deputy Attorney General Russell Suzuki said the state officials are still exploring the possibilities. The matter hinges, in part, on the success of its request to have 322 special education teachers declared essential workers, he said.
The state filed its request with the Hawai‘i Labor Relations Board yesterday. If the board approves, those essential workers would be required to report to work, allowing the continuation of some services to special needs children.
But Seitz discounted that option. Similar requests have not been granted in the past, he said, and even if this one were, there would not be enough teachers to provide adequate care for special needs children.
In addition, the absence of regular education teachers also would disrupt services to special education children because many of them are mainstreamed, Seitz said.
Suzuki questioned that argument.
"What he’s suggesting is that teachers can never strike," he said. "You’re balancing the federal special education law with some state laws that allow for striking — our state Constitution provides for collective bargaining ö and so it’s a matter of will the federal law trump the state laws? We don’t know."
[back to top] |
