DOE, LINGLE STILL FIGHTING OVER WHO FUNDS DRUG TESTS

The dispute between Gov. Linda Lingle's administration and the Board
of Education over who should pay for teacher drug testing continued at
the board's most recent meeting, with both sides insisting the other
should pay.

Last year, teachers approved a new contract that included raises and a
stipulation they submit to random drug testing. On Jan. 24, the Board
of Education voted 7-0 to not pay for the $523,723 teacher drug
testing program out of its Impact Aid fund.

The topic of random drug testing for teachers dominated the board's
Thursday meeting at Keoneula Elementary School, with more than an hour
and a half of heated debate among board members, state Department of
Education Superintendent Pat Hamamoto, state Budget and Finance
Director Georgina Kawamura and the American Civil Liberties Union.

Kawamura suggested the DOE has money within its $2.4 billion budget
that could be used for testing teachers for drugs.

"Our department is still of the opinion that there are available
resources - if managed well - from your existing budget," Kawamura
said.

Kawamura pointed toward about $30 million left unspent at the end of
each school year. She also said she supported the use of the DOE's
Impact Aid - federal money given as reimbursement for costs associated
with educating Hawai'i's high number of military students.

"Are you aware of our educational priorities? As we are tightening our
belts, this random drug testing is not one of our priorities," said
Breene Harimoto, a board member.

Harimoto said that the $30 million left unspent each school year is
already at the school level and earmarked for various items - from
additional teaching or staff positions, computers, textbooks or other
school-level expenditures.

"I will admit that the bulk of every carryover is at the school level,
however, there are other parts ... that are nonschool level that could
be looked at in regards to managing your resources," Kawamura said.
Specifically, Kawamura cited money earmarked for administrative use,
transportation, food service, adult education and the A+ after school
program.

Superintendent Hamamoto countered that the DOE couldn't take money
away from food service, transportation or after-school programs
without it having a direct effect on students.

"If we're going to provide the same quality of service or the same
amount of service we currently have, we would have to increase fees,"
she said.

Board chairwoman Donna Ikeda questioned Kawamura about why the
governor's administration insisted drug testing be a part of the
teachers' new contract and then decided to not fund it.

"Can you give me a specific reason why that proposal was not included
(in the budget) if you feel it's so important?" Ikeda said.

Tax revenue is growing slower than previously forecast, so all
agencies are being asked to hold back on spending, Kawamura said.

"We're hoping that perhaps that the department will use some of its
own available resources," she said.

The longer the disagreement continues, the less likely the DOE will
meet the June 30 contractual deadline to begin random drug testing.

Some board members said they were concerned about what could happen to
teachers' pay raises if neither the administration nor the board funds
random drug testing.

Lingle has said that the board must honor all parts of the teachers'
contract.

Carly Ware, a staff attorney with the American Civil Liberties Union's
Drug Law Reform Office, told board members that teacher pay raises
could not be withheld if the BOE decides not to fund the program.

"The governor, based on the law, was wrong in her statement that pay
raises would be jeopardized. ... Drug testing, whether it goes forward
or not, does not impact teachers continuing to receive their pay
raises and other benefits," Ware said.

The ACLU is prepared to commit money and resources if a legal battle
is waged over that issue, Ware said.

"I would like to commend the board for its decision not to divert
precious resources from the classroom ... to pay for random drug
testing," said Ware, who was visiting from the ACLU's office in Santa
Cruz, Calif.