Moving toward consensus, state House and Senate leaders told Gov. Linda Lingle yesterday that state lawmakers are willing to return in special session and tap the rainy day fund to reduce teacher furloughs.

With the understanding that money from the rainy day fund will likely be made available, the question now turns to whether the Hawaii State Teachers Association will agree to convert noninstructional days to classroom time.

Lingle proposed eliminating 27 of the 34 furlough days in the HSTA's two-year contract after a public furor that furloughs rob students of classroom instruction. The governor would use $50 million from the rainy day fund to cancel 12 furlough days and has asked teachers to swap planning days with classroom instruction days to cancel 15 furlough days.

The teachers union has praised the offer to use the rainy day fund but will not comment on converting planning days until teachers receive a formal proposal from the state.

Wil Okabe, the HSTA's president, asked lawmakers yesterday to respect the collective bargaining process.

"As seasoned lawmakers, the Speaker of the House and the Senate President know how the process works," Okabe said in a statement. "When a formal proposal is made, we will evaluate the proposal and respond accordingly."

Okabe also dismissed concerns by state House Speaker Calvin Say, D-20th (St. Louis Heights, Pälolo Valley, Wilhelmina Rise), that many teachers did not fully understand that furlough days would be taken away from classroom instruction when they ratified the two-year contract in September.

Say said he wants the teachers union to ratify any new agreement or, if ratification is not necessary, to take a straw poll or some other type of indication of support from the rank and file.

"We have never conducted straw polls or test votes," Okabe said. "We believe that a true democratic process through ratification is what is legally provided.

"In the case of the current contract, all teachers received informational packets containing the details of the contract, including the details of a supplemental agreement on the number of furlough days and a calendar showing when those furlough days would occur. Any teacher who says they didn't know what they were ratifying is either being disingenuous or did not take the time to read the information provided."

While Lingle's proposal looked like a turning point, questions from the state Board of Education about whether $50 million from the rainy day fund is enough and silence from the teachers union on giving up planning days are signs of complications.

Lingle made it clear yesterday to Say and state Senate President Colleen Hanabusa, D-21st (Nänäkuli, Mäkaha), that $50 million was a cap and that she would not look for any additional money if it turns out it will not cover all 12 furlough days as intended.

The governor, according to her staff, is willing to work through some of the complexities of converting planning days to classroom instruction but will likely balk if teachers refuse to give up most of the 15 days.

Several teachers, and some of their allies at the state Legislature, believe the public does not appreciate how important planning and collaboration days are when preparing for classroom instruction. The debate over furloughs has focused on the value of restoring the amount of classroom time for students rather than the quality of instruction.

School principals and other school staff — represented by the Hawaii Government Employees Association and the United Public Workers — may also have objections once it becomes known how they fit into a potential agreement. The HGEA has a two-year contract that includes furloughs, while the UPW is still in contract talks.

With these potential obstacles, the negotiations could leave more teacher furlough days in place, or break down altogether.

State Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimänalo, Hawai'i Kai), said the teachers union and the state Department of Education have "extorted the people of Hawai'i into throwing more money at public education."

Hemmings said draining the rainy day fund is a "formula for disaster" that could leave the state vulnerable if the economy continues to decline.

Say, after majority House Democrats met yesterday in private caucus, said lawmakers "were ready, willing and able" to come back in special session to authorize use of the rainy day fund and do their part in the agreement. Senate Democrats endorsed the idea on Thursday.

Say and Hanabusa, at a news conference at the state Capitol, said lawmakers would likely have to amend the law creating the rainy day fund because it specifically prohibits the money from being used to pay for the costs of collective bargaining.

Hanabusa said lawmakers and staff would start work on drafting potential legislation with guidance from the state attorney general's office. She said lawmakers want to be careful that the bill does not interfere with collective bargaining.

Under state labor law, lawmakers do not have a role in the negotiating process between the state and public-sector unions, although they do sign off on funding for labor contracts.

Say said he has been reluctant to speak about a compromise on teacher furloughs because he does not want to interfere with contract talks. But Say and Hanabusa recognize that by tapping the rainy day fund to reduce teacher furloughs, they are elevating teachers over other public workers and making a policy call that education is a priority.