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The Honolulu Advertiser
Posted on: Saturday, October 17, 2009

State says threat of lawsuit won't prevent school furloughs


Advertiser Staff

Despite the threat of a federal class-action lawsuit that could be filed next week, state Attorney General Mark Bennett said today the state will proceed with its planned public school teacher furloughs that are to begin this coming Friday.

Honolulu attorney Eric Seitz said today that "while we are not anxious to file a lawsuit" he will go to federal court this week with a class action lawsuit asking for an injunction to halt the furloughs unless the Department of Education postpones them.

As the state struggles with its financial crisis, the Hawaii State Teachers Association has agreed to a two-year contract that includes 17 furlough days per year for teachers on 10-month contracts and 21 days for teachers on 12-month contracts. The Furloughs will be on Fridays.

Parents worried about less classroom time and child-care issues have vigorously protested the furlough plan.

Seitz was the attorney in the landmark 1993 Felix class-action suit, which
said the state was failing to provide necessary special education
services under federal law.

Bennett said: "We don't believe that a lawsuit would have merit. We don't believe that a judge should or would issue such an injunction. We believe the Department of Education has acted properly. If there is a lawsuit, we will defend it."

Bennett said he could not comment on any negotiations. "But the DOE has indicated that furloughs will go forward Friday."