WAILUKU, Maui - The Hawaii Intermediate Court of Appeals has affirmed a Circuit Court ruling that the state Department of Education erred in the way it paid substitute teachers statewide from November 2000 to June 2005.

Unless the case is appealed and overturned by the Hawaii Supreme Court, the ruling means that thousands of people who worked as substitute teachers would be owed between $30 million and $40 million, according to plaintiff attorney Eric Ferrer of Maui.

Ferrer said that after a seven-year battle with the state, the intermediate appeals court agreed with the plaintiffs' position that the substitute teachers were underpaid.

"We feel really good about it," he said.

Ferrer said that the substitute teachers were supposed to be paid, by law, a rate tied to class 2 teachers. Instead, the state came up with its own formula for substitutes, which was "far less than the law prescribed," he said.

The difference in pay amounted to an average of about $30 per day loss for substitutes, Ferrer said.

Deputy Attorney General Dorothy Sellers said that the court's opinion is long, and she wanted to reread it before she decides what to do next.

"We're disappointed with some portions of the opinion," she said, declining to elaborate.

The state has 90 days after the filing of the intermediate court's judgment to file an appeal to the Hawaii Supreme Court.

Ferrer said he doesn't think the state has a basis for appealing the intermediate appeals court ruling because it was "clear, based on established law."

Still, "we'll have to wait and see," he said.

David Garner, the Maui substitute teacher who led the plaintiffs' effort, said that thousands of substitutes were cheated by the state for years.

"It's sad that we had to go to court to get the state to follow its own law," he said.

The administration of Gov. Linda Lingle "fought us tooth and nail," Garner said.

Honolulu attorney Paul Alston, who also represented plaintiffs, said it was Garner's "hard work and energy" that fueled the plaintiffs' pursuit of the case.

"Substitute teachers owe him a debt of gratitude for this," Alston said.

He said it will probably be about a year before the plaintiffs see any money after winning the case.