322 special-ed Special-education teachers who serve the most severely disabled public school students would be required to report to work during a teachers strike, the Hawaii Labor Relations Board decided yesterday.
teachers must
stay on job
The state labor board classifies
By Crystal Kua
the teachers as "essential workers"
Star-Bulletin"Appropriate custodial and instructional supervision by special-education teachers should be provided to students who attend school during a strike in order to avoid or prevent danger to the students' health and safety," the labor board said in a written opinion.
But the "essential workers" designation for these 322 teachers would be suspended if their schools are closed or if none of their special-needs students are in schools, the board said.
The Department of Education has 2,000 special-education teachers who provide services to 22,000 children.
The labor board is also requiring the state Department of Education to draft a plan within 10 days to identify which teachers would be affected and how they would be used.
Gov. Ben Cayetano and the Board of Education had asked the labor board to declare 322 special-education teachers essential to the health and safety of extended-school-year students who are the most "needy" of the public school population.
These 6,422 students include those diagnosed with autism, multiple disabilities, emotional disturbance and developmental delay.
A spokeswoman for the governor said Cayetano was pleased to receive word of the board's decision.
"The administration wants to keep the schools open. Should there be a strike, at least we can take care of the children who have special needs," said Jackie Kido, director of communication.
Members of the Hawaii State Teachers Association voted overwhelmingly Thursday to authorize a strike. Contract negotiations between the union and the state have been at a stalemate. Teachers could walk off the job as soon as April 5. HSTA President Karen Ginoza said that once the Department of Education identifies which teachers would be affected by the order, the union will urge them to report to their respective schools.
"They are to obey the law and go to teach and then be on the picket line before and after school," Ginoza said.
In the event of a strike, the Board of Education will close schools on the first day to assess the situation at each school, said Karen Knudsen, board first vice chairwoman. "We just need to know where we stand, to make an assessment on how many staff are showing up at each school to be sure that we provide a safe environment."
The HSTA argued against the essential-workers designation, saying that while teachers are essential to the education of students, they are not essential to the health and safety of the public.
Ginoza said that special-education teachers who may be affected by the decision still want to support the union's position.
"They just felt they wanted to be on the line with their fellow teachers," she said.