Supporters said yesterday's ratification of a new two-year public school teacher contract that includes random drug testing is a step toward safer schools, while the teachers union said it could make it harder for the state to recruit teachers.

Of 13,500 teachers, about 8,500 voted, with 61.3 percent in favor, 38.2 percent opposed and a fraction of ballots ruled spoiled. The contract gives teachers a 4 percent pay raise in each of the two years, plus step increases.

"I'm happy and pleased because now the kids can look forward to a safer environment," said Marie Laderta, chief state negotiator and a spokeswoman for the governor.

"This is all about the kids and making it safer for the kids," said Laderta. "That's the best thing that came out of this, although it also benefits the teachers and it helps those teachers who may need to be helped."

Hawai'i State Teacher Association executive director Joan Husted said the nearly 40 percent who opposed the contract sends a strong message that teachers are not happy.

"Teachers who voted 'yes' either felt they needed the money or could ill-afford to turn it down and wouldn't be tested positive for drugs so 'So what'," said Husted after results were released last night.

"They felt they were being held hostage," she said. "Almost no one was happy."

Big Island sixth-grade teacher Julianne Ostrosky echoed that statement.

"This is a sad day for those teachers who voted against the contract and who understand the ramifications of selling our Fourth Amendment rights," she said. The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures.

Ostrosky blamed the union for what she called a loss of civil rights.

"I'm totally disappointed and embarrassed that our union has set this precedent."

Husted, however, said she feels it's the governor who has lost support among teachers.

"Regardless of the vote, I think whatever solid support she had in the teaching ranks has really been fractured," said Husted. "Those who reacted the strongest have been staunch Linda Lingle supporters and didn't think she'd do this to them."

TESTING A SURPRISE

The provision to insert random drug testing into the contract was suggested by the governor's team just a week before negotiations were finalized, according to union negotiators, and it took them by surprise, said one.

But Laderta said that other public unions have embraced random drug testing, including the United Public Workers and the Hawai'i Government Employees Association.

"All the other unions have shown their support for a drug-free environment, although I can't say all the bargaining units have," said Laderta.

"UPW has completely embraced random drug testing, and HGEA has drug testing as well (in its contract). Most of them have drug testing in one form or another."

With the contract ratified and the Legislature set to adjourn today with a pay package of around $120 million in the budget to fund the new salary increases, interest is now moving to the details that will be worked out over the next year to set parameters for random drug testing.

Husted said the union will be carefully watching to make sure safeguards against false positive tests are a strong part of the procedures, as well as other protections.

"Our position would be if a teacher is legitimately tested that they get into rehab and be given a second chance," said Husted. "Then it's going to be up to the teacher to make sure they make the best of that second chance. We'll make sure we take the best of the testing procedures, and there are lots available nationally. We don't have to reinvent the wheel.

"But we honestly believe people will be pleased to see how few teachers will be found to be using drugs."

WILL PAY CONTINUE?

Whether a teacher in counseling or rehabilitation would continue to be paid is one of the details that needs to be worked out, said Husted.

Laderta, too, said the focus will be on helping teachers.

"It's not intended to be punitive," she said. "We intend to rehab the person. We haven't worked out the details, but the concept is to rehabilitate and counsel the person."

But Husted also warned that when the random drug-testing provision goes into effect in 2008, she expects the state to be faced with even more difficulties than it already suffers in recruiting teachers. The state must fill approximately 1,500 positions every year because of retirements and turnover.

"It will be absolutely much harder," said Husted. "I've just talked to one of the teachers from the Mainland who will be leaving at the end of this year because she doesn't agree with this. I think you're going to see that. ... You're going to see morale sink to an all-time low."

LOOK AT VOTING

Husted also said the union will look at the voting procedures to see if changes need to be made, particularly in the way absentee ballots are distributed and voting is done.

"There was a lot more interest in absentee ballots (this time)," said Husted. "This is an election where absentee ballots make a difference. So we may look at some ways to change the process in the future. We'll take a look at walk-in voting," she said.

"We've never worried about it before because it never made a difference before. Now that it does, we want to look at it for people who can't make the voting day. Is there a better way to do it?"

The vote on the contract two years ago was 93 percent in favor and 7 percent opposed.

PAY INCREASES

HSTA workers counted more than 1,000 votes yesterday to finalize the election results, and were getting calls as late as 4 p.m. yesterday from teachers asking if they could still vote absentee. That absentee deadline was Monday.

The contract will raise starting pay for new teachers from $39,901 to $43,157. For teachers with about 15 years of experience, a master's degree and some additional credit hours, annual pay will increase from $59,566 to $66,359 by the end of the contract. For the most experienced teachers with more than 33 years experience, pay will rise from $73,197 to $79,170.

Reach Beverly Creamer at bcreamer@honoluluadvertiser.com.