Editorial
Cayetano splits hairs on teacher contract

Calling a news conference yesterday to vent his annoyance at those who seem to be taking the teachers' union side in their prolonged contract dispute, Gov. Ben Cayetano used the occasion to straighten out a couple of facts and perhaps, as well, to straighten out the state's superintendent of schools.

On the facts he discussed, the governor appears to be narrowly correct. But he still seems to be missing the big picture — that is, a teachers' strike followed by a failure to implement the teachers' contract is a terrible drag on the entire public education establishment in this state.

But the shot Cayetano fired across the bow of schools chief Paul LeMahieu was way off the mark.

LeMahieu suggested Thursday that he might have to turn to federal Judge David Ezra for help in getting the contract implemented, so he can get on with the business of trying to comply with the Felix Consent Decree, as well as trying to do a better job of educating in general.

Cayetano said if he does that, he should start looking for another job.

Never mind that LeMahieu serves at the pleasure of the school board and not Cayetano. What Cayetano appears to have missed is that LeMahieu really has no choice: He is under order by Ezra to report any conditions that might delay Felix compliance.

The "turmoil and anguish," as LeMahieu put it, of the festering contract dispute surely amount to one such condition, obviously hurting both retention of experienced teachers, recruitment of new ones, as well as morale on all of our campuses.

Which brings us to one of the facts that Cayetano attempted to clarify: LeMahieu, he says, is playing fast and loose with numbers.

LeMahieu said this week that the number of vacant state teacher positions could be as high as 437, compared to 164 last year. He added that about half the vacancies were in the special education area.

Cayetano's point is that, strictly in terms of special ed teachers, there are fewer shortages this year than there were last year. Thus, says Cayetano, the numbers do not support LeMahieu's argument that the contract dispute is hurting the effort to comply with the Felix deadlines set by Judge Ezra.

Cayetano may be right about the numbers, but it's a distinction that makes no difference. The schools are under an Ezra-ordered deadline to have 85 percent of its special ed teachers not only on board but certified by Nov. 1, and right now that proportion stands at 67 percent. At this point, the state can't afford to have any vacancies at all in special ed positions. And without labor peace with the teachers, compliance on that point appears hopeless.

The state has missed other deadlines set by the court, and Judge Ezra has said that this is the last chance the state will be given.

We are warned that Ezra will begin the process of appointing a receiver over the special ed system if the state misses any more deadlines.

The bottom line is that Cayetano is doing enormous damage to our education system in the name of being technically right.

It's a pointless battle that he can't win.