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The Honolulu Advertiser
Posted on: Saturday, November 7, 2009

Furlough talks founder; Seitz, Bennett trade criticism


Staff and Wire Reports

Twin lawsuits filed by parents seeking to halt Hawaii's teacher furloughs face a pivotal federal court hearing after settlement negotiations foundered this week.
Meanwhile, principals involved in the case traded criticism over discussions that took place between educators and parents at the heart of the lawsuits.

One of the lawyers representing the parents, Eric Seitz, said Monday's hearing could be raucous.
He said Attorney General Mark Bennett allowed school principals and teachers to discuss furlough-related issues with parents who are part of the lawsuits outside of the presence of attorneys.
The school officials discussed the furloughs and problems children may have encountered because of them with affected parents, he said. The discussions were summarized in several declarations filed with the court by Bennett's staff Thursday.
More than a dozen declarations were filed in both cases by principals and other school employees. Many of them assert that meetings were held with parents of specific special education students, and that the students appeared to be adjusting well to the teacher furlough days.
''Teachers reported no changes in K.S.'s behavior following the furlough days,'' principal Ellamarie Savidge wrote in a declaration, referring to a plaintiff who has been identified in court papers only by his initials.
School Superintendent Patricia Hamamoto stated in another declaration that the Department of Education is making every effort to reschedule instructional services.
Seitz, who filed one of the lawsuits on behalf of all public school students and their parents, said the attorney general's office engaged in unethical conduct with Thursday's filings.
Bennett responded with the following statement today:
“The allegations that school teachers or administrators or attorneys from the department of the attorney general have acted in any way improperly or unethically are totally without merit.
“Teachers and administrators are doing their best to make certain that special education students are provided the services promised in their individual education plans and are affected as little as possible by furloughs.
"We have provided evidence of this to the federal court.  The apparent argument by attorney Eric Seitz that teachers can't talk to students or parents to help provide services to students makes no sense.
"We also believe Mr. Seitz's allegations of a conflict of interest are similarly without merit.
"We will respond to these allegations with a written filing in court."
A spokeswoman for the state Department of Education did not immediately respond to a request for comment. The agency was closed Friday, the third teacher furlough day so far.
This week, U.S. District Judge David Ezra held settlement talks with state lawyers. Seitz and Carl Varady, who represents eight special education students and their parents, said Ezra told them Thursday that no out-of-court resolution was forthcoming.
Ezra is acting as a special master overseeing the settlement talks.
Varady said he and Seitz will on Monday seek a preliminary injunction halting further teacher furloughs until a trial can be held.