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Lawsuits coming if Hawaii DOE insists on opening schools in person

Because of the spread of COVID-19 on all islands, the Hawaii State Teachers Association is planning to file a Prohibited Practices Complaint with the Hawaii State Labor Board, saying it has requested a hearing to discuss and bargain over the change in working conditions for teachers…and the Department of Education has refused.  DOE says there has been no significant change in working conditions, according to Corey Rosenlee, President of the HSTA.

At a press conference on Thursday, Rosenlee said although schools have moved to online learning, in many schools the students are supposed to come in next week to pick up materials, and he’s concerned about COVID-19 exposure for both students and teachers.  He said each school has a different plan, some having parents come in to learn about the devices which children will learn for online learning, and some having students coming in and moving to different classes to get acquainted with the school’s plans for online learning.

Rosenlee said many teachers are immediately taking leave or retiring to avoid next week’s face-to-face contact with students or other teachers.

Rosenlee said the HSTA will also file a class grievance because of violations to the contract agreed to by teachers last June, because teaching conditions have drastically changed.  The HSTA believes teachers should be able to tele-work, and not have to report to schools at a time when COVID-19 is spreading.

Attorney Eric Seitz said he also plans to file a suit–not certain if it will be filed in State or Federal Court– on behalf of  Special Education students, whose parents are not now able to get the support they need to educate and care for these children.

Dr. Scott Miscovich was also part of the press conference and said the potential illness at a time of significant COVID-19 spread–the highest spread rate in the country–plus the psychological stress means the schools cannot at this time provide a safe working environment.

Gov. David Ige is holding a press conference today at 2:30.  If he orders a statewide shutdown,  Eric Seitz said he would not need to file his suit at this time.  Rosenlee said the HSTA decision would depend on what the Governor says.

The State Department of Education Superintendent Christina Kishimoto said the classes will open as scheduled, with students coming in by appointment, on Monday, to prepare for online learning.

The HSTA press conference will be posted at its web site, hsta.org

 

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