REJECTION OF DRUG TEST DRAWS THREAT FROM LINGLE

Gov. Linda Lingle threatened yesterday to repeal a contract awarding
pay raises for thousands of public school teachers if the Department
of Education fails to comply with a provision mandating random drug
tests of instructors in the next school year.

Her comments came a day after the Board of Education unanimously voted
against funding the drug tests and blasted Lingle's administration for
rejecting a request by education officials for more than $500,000 to
cover some of its expenses.

"We cannot effectuate this contract unless the conditions are carried
out," Lingle said about the drug program, which the state added as a
non-negotiable item in contract talks with the teachers union last
year. "This was agreed to by both sides."

Lingle argues the Education Department, with a budget exceeding $2
billion, regularly has $30 million left over each year, some of which
could easily cover drug tests of as many as 3,250 teachers, or one in
four employees, as required by the contract. Employees with the United
Public Workers union, she said, also agreed to be tested for drugs
without receiving extra state money.

But school board Chairwoman Donna Ikeda said 90 percent of the unspent
funds Lingle mentioned have been distributed to schools under a state
law passed years ago that gives principals more financial autonomy.

"They can save for big items, like if they intend to buy computers in
a couple of years," she said. "It's like a savings account."

In May, despite resistance from some teachers concerning drug tests,
the 13,000-member Hawaii State Teachers Association ratified a nearly
$120 million, two-year contract awarding them 4 percent raises in the
current and next school years.

The deal will pay an entry-level teacher with a bachelor's degree
$43,157, up from $39,901, and increase the top teacher salary to
$79,170 from $73,197.

Lingle declined to say whether she would withhold money for the pay
raises scheduled in the contract's final year if the drug tests fall
through. She predicted teachers would pressure the school board "to
make certain that this program is in place."

The contract says the teachers union and the school board "shall
establish" the drug program by June 30 but does not state where the
money is supposed to come from.

Roger Takabayashi, president of the teachers union, said education
officials will have drug testing guidelines by the deadline.

"We will have procedures and protocol," he said. "But if you don't
show up with the cup, what are we going to do?"

The Education Department's supplemental budget request for the 2008-09
fiscal year seeks $523,723 from the Legislature to hire five workers
and buy computer equipment for the drug program. Expenses to conduct
the tests, however, are expected to be at least double that amount,
officials have acknowledged.

Two key Democratic state lawmakers declined to say whether there will
be enough money to fund the plan, given pressing needs such as
affordable housing, aging University of Hawaii facilities and public
hospitals struggling to stay open.

Even if it secures funds, the drug program is likely to face another
challenge. The American Civil Liberties Union has said it will sue the
state in federal court if the program moves forward, claiming it would
violate teachers' privacy under the Fourth Amendment.

Star-Bulletin reporter Richard Borreca contributed to this report.