A bill to require the Department of Education to use federal pandemic relief funds to prevent furloughs or layoffs of unionized classroom staff for two years is moving forward with backing from the teachers’ union.

But the Board of Education, Department of Budget &Finance, and DOE say restricting the use of that money would harm efforts to meet students’ pandemic-related needs — and that some has already been spent or encumbered.

They also say the measure is not needed since Gov. David Ige announced last month that “a new infusion of federal funds gives the state much-needed breathing room so that layoffs and furloughs are no longer necessary in the foreseeable future.”

House Bill 613, introduced by House Education Chairman Justin Woodson, cleared the House with no opposition and sailed through the Senate Education and Ways and Means committees with no one voting against it. It calls for using an unspecified amount of Elementary and Secondary School Emergency Relief (ESSER) funds to ensure school employees continue to receive their pay through 2023 and not for any other purpose.

The measure was supported by the Hawaii State Teachers Association, HE‘E Hui for Excellence in Education and the Democratic Party of Hawaii Education Caucus.

“Actions need to happen as soon as possible in order to avoid potential long-term losses of teachers and other support employees within the Hawaii Department of Education and to protect the long-term impact to our keiki,” HSTA President Corey Rosenlee testified.

But an amendment by the Senate Education Committee that limited the measure’s protections to only employees “in the classroom” rather than all school-level staff prompted strong opposition from a fellow union that represents public school employees.

“To successfully operate our schools and educate our children, it takes a complete team: administrators, custodial staff, cafeteria staff, office support as well as the teachers and educational assistants in the classroom,” testified Randy Perreira, executive director of the Hawaii Government Employees Association.

“Throughout the pandemic, as learning was done long distance, it was these very support staff that kept our schools operating, including caring for our most vulnerable special needs children in person, as well as providing meals for pickup,” he added. “To suggest that these employees do not count the same as classroom staff is inappropriate and unfair.”

The Department of Budget &Finance also expressed reservations about the bill, and noted that the public schools’ budget has already been cut while they faced unbudgeted pandemic costs.

“B&F has serious concerns that this bill could have unexpected consequences and would reduce DOE’s flexibility to address changing requirements and circumstances during these difficult times caused by the COVID-19 pandemic and its negative economic impacts,” Craig Hirai, department director, wrote in his testimony.

Superintendent Christina Kishimoto said the proposal could cut off current use of funds for student support, internet connectivity for those still off campus, as well as health and safety measures.

“This proposal (HB613) severely precludes the department’s ability to address unmet needs required to support public school students during the ongoing COVID-19 pandemic, which is the primary intent for the federal education relief funds implicated in this measure,” Kishimoto testified.

She is also seeking approval from the Board of Education today to use ESSER II funds to reverse learning loss with summer programs that would place a priority on students who are academically behind or disconnected, graduating seniors and students in transition grades between schools. A Summer Start Kindergarten Transition Program would help kids who missed out on preschool due to the pandemic.

Board of Education Chairwoman Catherine Payne pointed out that the board has already authorized using some pandemic federal funds for charter schools, to cover teacher salary differentials and for school food services.

“The board determined these critical areas need these federal funds now,” she wrote, adding that the BOE and DOE are accountable for the proper expenditure of federal funds.

“Rather than directing the Board and Department on how to expend non- recurring federal funds, it is more suitable for the Legislature to determine how much general funds it can appropriate to maintain as many resources at the classroom level as practicable.”

She pointed out that the governor proposed giving back $123 million in state general funds to the public schools after the Council on Revenues revised its projections, and she urged legislators to restore the department’s base budget.