Twin lawsuits filed by parents seeking to halt Hawaii's teacher furloughs face a pivotal federal court hearing after settlement negotiations foundered.

The run-up to tomorrow's hearing was also marked by an exchange of criticism by principals in the case — attorney Eric Seitz, one of the lawyers representing parents, and Attorney General Mark Bennett.

Seitz said tomorrow's hearing could be raucous.

He charged that the attorney general's office engaged in serious unethical conduct by allowing school principals and teachers to discuss furlough-related issues with parents who are part of the lawsuits outside of the presence of attorneys.

Bennett on Friday denied there was any unethical conduct. He said teachers and administrators are trying to arrange instruction for special education students as best they can, given the furloughs. To do that, they must communicate with students and their parents, he added.

The school officials discussed the schooling of their children and problems they may have encountered because of furloughs, Seitz said. The discussions were summarized in several declarations filed with the court by Bennett's staff on 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.

Schools Superintendent Patricia Hamamoto stated in another declaration that the Department of Education is making every effort to reschedule instructional services.

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.

But Bennett, in a statement sent to The Advertiser yesterday, said: "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."

Last week, U.S. District Judge David Ezra held settlement talks with state lawyers. Seitz, who filed one of the lawsuits on behalf of all public school students and their parents, 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 tomorrow seek a preliminary injunction halting further teacher furloughs until a trial can be held.

The hearing will be presided over by Wallace Tashima, a senior judge on the 9th U.S. Circuit Court of Appeals.