A longtime Hawai'i substitute teacher and the attorney representing substitutes in their lawsuit against the state have urged the Department of Education to resolve the dispute and pay up.

"If it's resolved this year, we can better focus on our main goal of providing quality education for our students," said Genny Chang, a certified teacher who has been a substitute for 28 years, earning only about half what a full-time teacher does.

In a press conference at the state Capitol, Chang and attorney Paul Alston also said they were encouraged by bills moving through the Legislature this year, one of which would provide money to give the substitutes back pay, currently estimated at $14.3 million.

In December, Circuit Judge Karen Ahn ruled in favor of the substitute teachers in their lawsuit for back pay going back to 1996. But Ahn said they could receive back pay only to December 2000 because of the statute of limitations. The amount owed them at that time was estimated to be $14 million to $15 million.

Last Monday, Ahn again ruled for the substitutes, denying a state motion to limit the period of damages for back pay.

Alston said state Attorney General Mark Bennett has told him the state plans to appeal the court decisions.

Dana Viola, special assistant to the attorney general, said no decision has yet been made about an appeal.

"We haven't received the order yet on this specific case," said Viola. "Once we get the order we'll review our options at that time, and whether or not we'll be appealing."

Jim Halvorson, supervising deputy attorney general in the employment law division, who is handling the case for the state attorney general's office, said a decision to appeal would be made as soon as possible.

"There's no desire on either side to unnecessarily delay the final resolution of this case," said Halvorson. "But there are important issues that have to be considered by both sides."

Chang emphasized that the longer the dispute goes on, the more likely it is the state will continue to lose its pool of substitute teachers. Over the span of a year, about 4,000 substitutes are called in to teach.

Every day about 1,000 substitutes are teaching in Hawai'i's public school classrooms, but it is getting harder for the department to fill those spaces, Chang said.

"Many substitutes are leaving teaching because they can get a higher paying job with benefits elsewhere," she said. "The longer it drags on, the more substitutes will leave."

Halvorson disagreed, saying he is "not aware we've had any significant change in the ability to get substitute teachers."

"There's been no evidence presented in this case that indicates this lawsuit is having an effect on the DOE's ability to fill substitute teacher positions," he said.

"Most like the convenience of working when they feel like it. And a lot are retired teachers and like to come back once in a while."

Halvorson said he also believes Hawai'i's substitute teachers are some of the highest paid in the country.

A task force headed by the DOE completed a report in the last few months recommending that substitute teachers' pay levels be tied to those of other union bargaining units. The task force also recommended benefits for teachers who teach more than 90 days a year.

The pay scale for substitute teachers is $120 a day for those without a bachelor's degree, $130 a day for those with a bachelor's degree and $140 a day for licensed or highly qualified teachers. These levels were set by the Legislature last year as a temporary scale until a new one could be finalized. But the Legislature is moving a bill that would set new, higher levels.

A second bill moving through the Legislature would allow substitute teachers to bargain collectively along with regular teachers. Substitutes have never had that option nor have they been eligible for benefits.

That bill would allow them to join an appropriate collective bargaining unit to bargain for salaries, benefits and other working conditions.

John Hoff, a Kaua'i substitute teacher who has been lobbying for these options, said he applauds the Legislature's support.

"Right now we don't have any benefits, no unemployment insurance, no liability insurance, no grievance process," said Hoff. "They can fire us and blackball us from a school and we have no recourse except to hire an attorney."

Halvorson said he believes there are problems with that measure because retired teachers don't want to be union members because it could affect their retirement benefits. He added that deciding exactly who could be a member, as well as what they'd pay in dues depending on how many days they worked could pose difficulties.

In a separate lawsuit filed in February, Alston is also seeking back pay for Hawai'i's thousands of part-time teachers.

Reach Beverly Creamer at bcreamer@honoluluadvertiser.com.