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.

Reach Loren Moreno at lmoreno@honoluluadvertiser.com.