Despite the threat of a federal class-action lawsuit, state Attorney General Mark Bennett says the state will proceed with public school teacher furloughs scheduled to begin Friday.

Honolulu attorney Eric Seitz, speaking on behalf of parents of special needs students and others, said yesterday that "while we are not anxious to file a lawsuit," he will go to federal court this week seeking an injunction to halt the furloughs unless the Department of Education postpones them.

Seitz had warned of the possible legal action in an Oct. 8 letter to Bennett, and he reiterated his intent a day after a meeting with the attorney general and state schools superintendent Pat Hamamoto.

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

The threat of a lawsuit poses a new obstacle to Gov. Linda Lingle's plan to reduce the state's labor costs and help close a budget deficit. A lawsuit also could affect plans made by parents of an estimated 170,000 students and child care providers statewide who have scrambled to come up with alternatives to school on furlough Fridays.

In September, members of the Hawaii State Teachers Association ratified a two-year contract with the state that includes 17 furlough days a year for teachers on 10-month contracts and 21 days for teachers on 12-month contracts.

The furlough days amount to a 7.9 percent pay cut and will shut down the school system for 17 Fridays beginning this week.

Parents worried about less classroom instruction and child care issues have vigorously protested the furlough plan. Educators have also lamented the loss of instruction time.

Seitz said yesterday he preferred to settle the furlough issue through negotiations and he thought things could be worked out if "everyone would give a little here and there."

He suggested that furlough days could be:

• moved to non-instructional days;

• grouped around scheduled school vacation time to reduced disruption of families' schedules;

• reduced if money in special funds such as the hurricane relief fund could be used.

Otherwise, he said, the furloughs could result in "utter chaos and irreparable harm to these families," especially families with special needs students. Such families' schedules will be severely disrupted, he said.

'FELIX-LIKE' ACTION

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.

Hamamoto has said public school administrators and teachers are reviewing the individual plans for each special needs child. Schools have been directed to accommodate the services a child is supposed to receive within the reduced school year.

Seitz said yesterday that he expected attorneys representing other groups and individuals to also file lawsuits over the furloughs.

Bennett said he could not comment on any negotiations. "I'm not going to discuss Friday's meeting," he said. "But the DOE has indicated that furloughs will go forward (next) Friday."

Seitz said yesterday that he is willing to continue negotiating if the DOE contacts him. Otherwise he will proceed with plans to file the class-action suit.

In his Oct. 8 letter to Bennett, Seitz wrote that he has received requests for legal representation from people and organizations interested in a "Felix-like" lawsuit. Many of the inquiries have come from those concerned about the interruption of educational services to special needs children because of the Friday furlough days, he said.

Hamamoto issued the following statement yesterday in response to Seitz's statements:

"During the past four weeks, the Hawaii State Department of Education has been working diligently to prepare students, parents, employees and the community for the upcoming furlough days. During this difficult economic period for our state, the department is utilizing the resources it has to provide classroom instruction and services for our students.

"Should funds become available for public education, we would be willing to reopen negotiations with the union and restore instructional time by reducing the number of furlough days."