Pubdate: Sat, 02 Feb 2008
Source: Honolulu Advertiser (HI)
Copyright: 2008 The Honolulu Advertiser, a division of Gannett Co. Inc.
Contact:  http://www.honoluluadvertiser.com/
Details: http://www.mapinc.org/media/195
Author: Loren Moreno, Advertiser Staff Writer
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

DOE TEACHERS' PAY RAISES TAKE EFFECT

Teachers have already received most -- about 7 percent  -- of the pay
raise they were promised in a new  contract that also called for
random drug testing.

The drug testing has yet to begin, and Gov. Linda  Lingle and
education officials are engaged in a dispute  over how to fund the
program.

The American Civil Liberties Union yesterday called for  the governor
to retract what it said was a threat she  made last week to withhold a
final installment of the  pay raises if the state Department of
Education doesn't  fund the drug testing by the June 30 deadline.

Lingle spokesman Russell Pang said it was too early to  say whether
the administration would indeed deny pay  raises if drug testing fell
through. Drug testing is a  provision of the contract and needs to be
implemented  for the contract to be effective, Pang said.

The ACLU, some members of the Board of Education and  the Hawai'i
State Teachers Association all argue that  the rest of the raise -- an
additional 4 percent --  cannot be withheld by the governor.

The dispute over whether Lingle could withhold pay  raises began last
week after the Board of Education  voted 7-0 against paying for drug
testing for teachers  out of the DOE's more than $2 billion budget.

Reacting to the vote, Lingle suggested the pay raises  for the 13,500
public school teachers may not go into  effect unless the state BOE
and DOE paid for the random  testing by the June 30 deadline, as
outlined in the  current teachers' contract.

"The governor has no legal basis for telling teachers  that because
the BOE doesn't have the funds for drug  testing that they're not
going to get their raises,"  Richard Miller, former dean of the
University of  Hawai'i Richardson School of Law, said at an ACLU press
  conference yesterday outside the governor's office.

In a letter to Lingle, the ACLU argued that, "Your  all-or-nothing
interpretation of the labor agreement  lacks legal merit. If the Board
of Education or any  other state entity blocks funding for teacher
drug  testing, the rest of the contract, including your  promise to
pay teachers' salaries, remains full force."

Education officials say there is still plenty of time  to meet the
contractual deadline, but insist that the  governor or the Legislature
come up with the money to  pay for it.

"I am not against teacher drug testing. But I'm against  taking money
away from the classroom," said Board of  Education Chairwoman Donna
Ikeda, who voted against  paying for drug testing out of the DOE's $2
billion  budget.

Ikeda said her understanding of the contract was that  the pay
increases and the drug-testing do not depend on  one another.

"We would never jeopardize the teachers' pay raises,"  she
said.

She said the board is requesting the Legislature  consider its
supplemental budget requests, including  the $523,723 for establishing
a drug-testing program.  Lingle denied all of the DOE's supplemental
budget  requests, including drug testing, in her executive  budget.

"It's possible the Legislature could, if it wanted to,  include it in
the budget," Ikeda said.

A majority of teachers last year ratified a two-year  contract that
granted a 4 percent across-the-board pay  increase in July 2007. A
salary-scale step increase of  3 percent in January for some teachers
was included in  the contract. Both of those increases have been
reflected in teacher pay, said Fay Ikei, personnel  director for the
DOE. Another 4 percent increase is  scheduled for January 2009.

The current contract raised 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  of experience, pay
increased from $73,197 to $79,170.

During contract negotiations, pay increases were  granted in
conjunction with a random drug testing  provision. In the final weeks
of contract talks in May  2007, union negotiators said Lingle inserted
a  non-negotiable random drug-testing provision into the  contract,
which angered many teachers. And then last  week, the Board of
Education voted not to fund the  program, saying it would take money
away from schools.

The Lingle administration argues that the Board of  Education has the
ability to fund the drug testing.

"The bottom line is, they need to manage their  resources," said
Georgina Kawamura, director of the  state Department of Budget and
Finance.

Kawamura said the DOE has an estimated $30 million in  its operating
budget at the end of the year that  doesn't get spent.

"At the end of the fiscal year, what they haven't spent  from the
operating budget, they are given an additional  year to spend it. No
other department has that  authority," Kawamura said.

DOE officials, however, say the $30 million left over  at the end of
the year has been earmarked for specific  school-level projects.

"When the administration suggests we should use our  carryover funds
. the schools already have a plan for  how to use that money," said
Clayton Fujie, deputy  superintendent of schools. "If we're going to
fund it,  it means the money is going to be taken from somewhere  else."

Board member Kim Coco Iwamoto said the question is  whether money
should be "diverted from meaningful  programs to pay for a fear-based
program."

"As a civil rights attorney, there are questions about  the
constitutionality of random drug testing," Iwamoto  said.

The ACLU has said that it is prepared to sue the state  based on
Fourth Amendment rights if it implements  random drug testing of teachers.

Roger Takabayashi, president of the Hawai'i State  Teachers
Association, said the Education Department and  the union have been
working on setting up the  drug-testing program, as called for by the
current  teachers' contract. He said the union and the DOE are  on
track to have the program ready by June 30. But he  acknowledged that
questions remain about where the  money will come from.

He also said the pay increase and the drug-testing are  separate
agreements and don't depend on each other.

"We are fulfilling our obligation in the contract for  drug testing.
It says procedures and protocols will be  ready for implementation on
June 30, 2008. We'll be  ready," Takabayashi said.

The BOE may take up the issue again this month, since  only seven of
its 13 voting members were present at the  last meeting, Ikeda said.
But a new vote on the issue  can only be called by one of the seven
members at the  previous meeting.
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MAP posted-by: Steve Heath