STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Thursday, July 9, 2020
*The Board did not meet at a physical location. As part of the response to the threat of COVID-19, Governor David Ige issued a Ninth Supplementary Proclamation dated June 10, 2020, suspending Hawaii Revised Statutes Chapter 92, Public Agency Meetings and Records, to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location, among other things.

PRESENT:
Catherine Payne, Chairperson
Shanty Asher
Kaimana Barcarse
Margaret Cox
Lynn Fallin
Kili Namauʻu
Dwight Takeno
Kenneth Uemura
Bruce Voss
Hunter Harris (student representative)
Captain Lyn Yatko (military representative)

EXCUSED:
None

ALSO PRESENT:
Christina Kishimoto, Superintendent
Cynthia Covell, Assistant Superintendent, Office of Talent Management
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Irina Dana, Secretary


I. Call to Order

The Board General Business Meeting was called to order by Board Chairperson Payne at 1:39 p.m.


II. Swearing in of student representative for 2020-2021 School Year

Hawaiʻi Supreme Court Justice Mark Recktenwald swore in Student Representative Hunter Harris.
III. Public Testimony on Board of Education (“Board”) Agenda Items
Note: Written testimony was strongly encouraged. Anyone wishing to testify orally needed to sign up in advance and log in to WebEx. Testimony over the phone was not accepted.

Board Chairperson Payne stated that she would like to make several remarks prior to accepting public testimony. She acknowledged the record amount of testimony the Board received from parents, teachers, staff members, union leaders, and community members. She stated that testifiers expressed thoughtful concerns regarding the health implications of reopening schools and noted that many families emphasized that they understood the need for students to continue their education during this difficult time. She detailed that the Department engaged in difficult and collaborative work to develop a plan for reopening schools and included voices from Board members, parents, teachers, community members, and complex area staff in its school reopening plan.

Board Chairperson Payne stated that the Board prioritized health and safety when it passed its resolution concerning the reopening of schools and asked the Department to identify different models that could accommodate changing conditions that might occur due to the pandemic. She stated that the Department did what was requested and worked with the Hawaii State Teachers Association (“HSTA”) on a memorandum of understanding (“MOU”) that addressed school reopening concerns. She noted that the Board would be taking action on the MOU later in the meeting.

Board Chairperson Payne stated that these are uncertain times. She noted that although the nation has lived through wars, economic downturns, and divided politics, the nation now has to live with the fear of disease in addition to these other issues. The fear of disease is permeating Hawaiʻi and fear continues to rise as cases surge across the nation. Board Chairperson Payne noted that individuals tend to experience more stress over situations they have little to no control over and these situations are dominating lives in present times. Board Chairperson Payne emphasized that the Board and Department must create safe and healthy spaces for teachers, students, and staff members, including taking mental wellbeing into consideration. She noted that professionals are emphasizing that the lasting effects of trauma will continue long after the development of a vaccine. She stated that decisions made today in homes, communities, and schools will emotionally impact children and adults for years to come. She detailed that the most vulnerable communities will experience higher rates of trauma and take longer to recover. She noted that the state would pay for incurred losses long into the future and this is already the inevitable and sad outcome.

Board Chairperson Payne emphasized the importance of schools to communities beyond academics. She detailed that schools are places parents safely send their children to when they go to work, places where health and social needs are met, sanctuaries for students who need support from caring adults, and places where children learn many skills that help develop them into citizens who positively impact the world, such as social, life, and creativity skills. She stated that teachers and school leaders have been working since March to determine how to continue education in this new world. She noted that this new world is one where individuals need to socially distance in order to remain healthy and not necessarily the best environment for learning.

Board Chairperson Payne highlighted personal outreach from schools and teachers who have made additional efforts to connect with students. She detailed that educators have had to transition from traditional classroom instruction to a new model of learning using technology. She stated that this is not the optimal model for learning though some teachers and students have adapted. She detailed that parents and teachers were frustrated that some students did not have resources at home to complete online learning tasks. While the Department is improving its online models and accessibility, parents are worried about going back to work and leaving young children unsupervised on the days they do not attend school. She noted that teachers and parents have shared concerns regarding hybrid instructional models and these are valid concerns. However, the Department cannot solely address these concerns and community resources are necessary to assist the Department in supporting working parents with young children and parents who are unable to assist their children with online learning because they do not have the requisite English skills.

Board Chairperson Payne stated that the Department and Board need to lead in a way in which children, families, teachers, and other staff members have confidence that the Department is acting in the best interests of students and families. She noted that school would be different this upcoming year and for many their personal sacrifices are overwhelming. She stated that she believes that the Department and Board would be able to move forward to determine how to best provide for students after responding to the concerns of teachers, parents, and staff members. She emphasized that everyone would need to work together to accomplish goals otherwise it would increase trauma, fears, and worries. She emphasized the importance of listening and respecting those with different perspectives and life conditions. Board Chairperson Payne stated that everyone must commit to doing their best together within the context of this time. She noted that although some wish that everything would return to normal, the reality is that the old normal may not be back for a long time. She emphasized that the Department and Board have an opportunity and must rebuild the public education system during this new time to be excellent for all students.

Christina Kishimoto, Superintendent, stated that these are unprecedented times amidst a global health pandemic, closed down economies, and mass uncertainties. Families are living day to day trying to maintain their jobs, make ends meet, support one another, and hope for normalization as soon as possible. However, COVID-19 is a new virus with many unknowns. Thus, families, systems, employers, and governments are making decisions based on constantly changing information and messaging from scientists and health officials. She detailed that the Department has been following the Centers for Disease Control and Prevention (“CDC”), World Health Organization (“WHO”), American Academy of Pediatrics, Department of Health, and state epidemiologists. She noted that health pandemics have life, death, and sickness consequences thus any decision could cause fear, alarm, concern, and trepidation.

Kishimoto emphasized the importance of working together and noted that educators are aware of health and wellness consequences for children and families beyond COVID-19 risks. She detailed how students and families were suffering from trauma prior to COVID-19, including poverty impacts, job struggles, and home and food insecurities. She noted that many students are confused, disappointed, and unsure of what is occurring in the world, their schools, and communities. She detailed that their lives have been disrupted and they have no control. Kishimoto emphasized that students are looking to teachers, principals, coaches, and after-school providers whom they know and trust. During crises of magnitude, those who were already struggling will struggle even more and those who have the access will look to family and community resources to endure. Kishimoto emphasized the importance of the Department considering the voices of those who were able to submit testimony and those who were unable to. She detailed parents employed as first responders, cashiers, attendants, and grocery store employees and clerks. Kishimoto stated that parents are also teachers, front office workers, and custodians. She stated that the Department would like to be able to tell every family that is eager for their child to return to school that in-person instruction will resume on August 4. However, the Department is unable to do so because of the health pandemic. This weighs heavily on principals, staff, and families because everyone will need to adjust to modified school schedules as they return to work or seek new jobs. Kishimoto highlighted that the Department’s leadership team has taken the Board’s resolution on reopening schools to heart. Particularly the call to action that states, “WHEREAS, the public education system can strengthen community and economic recovery and resiliency by building a culture of care and collaboration within its school communities, and the students, families, school employees, and community members of each school community can contribute to a culture of care and collaboration by applying three simple principles: Giving hope, acting with kindness, and working toward togetherness.”

Kishimoto stated that the Department has received formal statements of concern regarding questions around three to six feet of social distancing in classrooms and meeting spaces. The Department also listened to the concerns of families regarding the social, emotional, and psychological health of their children due to prolonged absence from schools, peers, and teachers. These voices are equally valid.

Kishimoto stated that the Department wants to welcome back families and provide students with quality public education but simultaneously needs to further qualify how to welcome back students in classrooms and buildings. The Department has reached out to the Hawaii State Teachers Association (“HSTA”) to meet, discuss, and define conditions for spacing and social distancing while continuing to uphold overall practices of six feet of social distancing. She noted that not all schools are designed the same, not all spaces can accommodate in the same way, and not all schools have equivalent poverty levels. The Department has a collective duty to provide valid rationale for why it would not consider three to six feet of spacing to accommodate students knowing that the Department is asking families to determine how to be successful in this continued state of partial reopening. She stated that these are not arbitrary measures and are part of health and safety conditions set forth by the CDC, American Academy of Pediatrics, WHO, the Department of Health, and state epidemiologists. The Department looks forward to meeting with HSTA immediately on these specific matters to come to an agreement on health and safety conditions and review three to six feet of spacing. Kishimoto stated that all entities would need to work together to determine these issues to continue support families and noted that family members are adult children, siblings, neighbors, and employees.

Board Chairperson Payne called for public testimony. The following people provided remote oral testimony.


Name
Organization
Agenda Item
Position
Randy PerreiraHawaii Government Employees AssociationVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School Year Comment
Melissa TurnerHawaii State Teachers AssociationVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School Year Comment
Christine RussoPublicVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School Year Comment
Amanda LacarHawaii State Teachers Association VI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School Year Comment
Robin O’HaraKealakehe Intermediate SchoolVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School Year;
VII.E. Board Action on Memorandum of Understanding between State of Hawaii Board of Education and Hawaii State Teachers Association (SY 2020-2021 COVID-19 Response): 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit 5 employees		Comment
Dana Gorelangton TurnbullHawaii State Teachers AssociationVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School Year Comment
Renee AdamsSamuel Enoka Kalama Intermediate SchoolVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School Year;
VII.E. Board Action on Memorandum of Understanding between State of Hawaii Board of Education and Hawaii State Teachers Association (SY 2020-2021 COVID-19 Response): 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit 5 employees		Comment
Andrea EshelmanHawaii State Teachers AssociationVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Corey RosenleeHawaii State Teachers AssociationVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School Year;
VII.E. Board Action on Memorandum of Understanding between State of Hawaii Board of Education and Hawaii State Teachers Association (SY 2020-2021 COVID-19 Response): 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit 5 employees		Comment
Osa TuiHawaii State Teachers AssociationVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School Year;
VII.E. Board Action on Memorandum of Understanding between State of Hawaii Board of Education and Hawaii State Teachers Association (SY 2020-2021 COVID-19 Response): 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit 5 employees		Comment
David NegaardHawaii State Teachers AssociationVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Vickie KamHawaii State Teachers AssociationVII.E. Board Action on Memorandum of Understanding between State of Hawaii Board of Education and Hawaii State Teachers Association (SY 2020-2021 COVID-19 Response): 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit 5 employeesComment
Brandon ChaPublicVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Jodi KunimitsuPublicVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Cara FloresPublicVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Raechelle VillanuevaWaiʻalae Elementary Public Charter SchoolVII.E. Board Action on Memorandum of Understanding between State of Hawaii Board of Education and Hawaii State Teachers Association (SY 2020-2021 COVID-19 Response): 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit 5 employeesComment
Mireille EllsworthPublicVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Deborah Bond-UpsonLearningBondVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Cheri NakamuraHEʻE Coalition VI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Eric Paul ShafferHonolulu Community CollegeVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Veronica WinegarnerLanakila Elementary SchoolVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Franziska BassNorth Hawaii Community HospitalVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Susan Pcola-DavisPublicVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Lucinda FisherPublicVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Susan RoccoSpecial Education Advisory CouncilVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment
Inga Park OkunaHawaii State Teachers AssociationVI.A. Presentation on Department of Education's comprehensive plan for reopening schools plan for the 2020-2021 School YearComment

Randy Perreira, Hawaii Government Employees Association (“HGEA”), testified on the Department’s plan for reopening schools for the 2020-2021 school year and stood on his written testimony. He stated that HGEA does not want to be an obstruction to reopening and supports students returning to school. However, the Department’s plan forces administrators to bear the brunt of the burden. He emphasized the importance of the Department honoring agreements to ensure the health and safety of all employees and students equally. Perreira stated that the Department uses the term “work in progress” far too often despite directives and expressed concern regarding a lack of consistency and uniformity.

Melissa Turner, member of the public, testified on the Department’s plan for reopening schools for the 2020-2021 school year. She emphasized the importance of the Department safely reopening schools by implementing six feet of social distancing and mask requirements. She noted that many students and teachers have conditions that put them in high-risk categories, such as asthma, and are more susceptible to becoming severely ill. She emphasized the importance of working together to implement safe solutions.

Christine Russo, member of the public, testified on the Department’s plan for reopening schools for the 2020-2021 school year. She expressed concern that the Department’s reopening plan was neither cautious nor measured and emphasized the importance of reopening schools in a prudent fashion. She expressed further concern regarding custodial staff shortages and sanitization. Russo stated that disregarding proper distancing guidelines would lead to consequences such as surges in cases. She encouraged the Department to expand distance learning to the fullest extent possible to ensure that a minimal number of students were on-campus at any given time.

Amanda Lacar, HSTA, testified on the MOU between the Board and HSTA concerning the 2020-2021 school year response. She expressed concern regarding the Department allowing three feet of social distancing rather than mandating six feet of social distancing. She emphasized that three feet of social distancing accommodates more students and schools with less space but creates an unsafe environment. She explained that the Department’s guidelines do not align with public health recommendations and expressed concern that students who receive special education services might struggle if they experience inconsistency in messaging.

Robin O’Hara, Kealakehe Intermediate School, testified on the Department’s plan for reopening schools for the 2020-2021 school year and on the MOU between the Board and HSTA concerning the 2020-2021 school year response. She expressed concern that the Department’s guidelines do not align with public health recommendations nor follow the MOU agreement with HSTA and put teachers at risk. She expressed further concern that teachers do not have time between classes to sanitize and encouraged the Department to mandate and implement safety protocols. O’Hara emphasized that over 100 families are opting for distance learning and do not feel safe sending their children to school. She noted that the Department closed schools when daily cases were much lower but is reopening schools at a time when daily cases are increasing.

Dana Gorelangton Turnbull, HSTA, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department’s current guidelines allowing three feet of social distancing rather than six feet of social distancing and not requiring masks. She expressed further concern that the Department’s guidelines do not align with CDC recommendations. She stated that the Department’s guidelines are not realistic for children in lower grades and encouraged the Department to temporarily rollout a full-time distance learning approach.

Renee Adams, Samuel Enoka Kalama Intermediate School, testified on the Department’s plan for reopening schools for the 2020-2021 school year and on the MOU between the Board and HSTA concerning the 2020-2021 school year response. She asked the Department to revise its school reopening plan because its current plan violates directives that health and safety requirements are the least flexible and cannot be comprised. The current guidelines also violate directives to strive to provide as much in-person instruction as practicable in a safe manner. She stated that the Department did not provide data indicating that students learn best when they are face-to face. Adams expressed concern that the Department’s reopening plan does not include guidelines for schools to revert to distance learning. She noted that Board Member Dwight Takeno commented that each school should maintain a comprehensive distance learning plan in a previous meeting. Adams emphasized that distance learning is the only safe option and reopening classroom instruction could lead to devastating consequences.

Andrea Eshelman, HSTA, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department’s current guidelines allowing three feet of social distancing rather than six feet of social distancing and not requiring masks. She emphasized that the current plan violates the MOU between the Board and HSTA, does not provide enough guidance for administrators, and does not align with the Board’s school reopening resolution. Eshelman stated that HSTA is committed to take any steps necessary to ensure the health and safety of students and teachers.

Corey Rosenlee, HSTA, testified on the Department’s plan for reopening schools for the 2020-2021 school year and on the MOU between the Board and HSTA concerning the 2020-2021 school year response. He stated that the Department and HSTA reached an agreement regarding school reopening but the Department’s current guidance violates that agreement. Rosenlee emphasized the importance of the Department implementing six feet of social distancing and mask requirements and further emphasized health and safety priorities in the Board’s resolution. He expressed concern that many teachers are in high-risk categories and stated that the Department’s current plan was unrealistic. He stated that ohana bubbles, lack of masks, and lack of social distancing could lead to teachers becoming severely ill should they get sick. He noted that many teachers might retire or leave the profession if they do not feel safe returning to the classroom and urged the Department to implement decisions that ensure safe and healthy classroom environments.

Osa Tui, HSTA, testified on the Department’s plan for reopening schools for the 2020-2021 school year and on the MOU between the Board and HSTA concerning the 2020-2021 school year response. He emphasized that HSTA oftentimes speaks as one voice for thousands of teachers. However, thousands of teachers are speaking for themselves regarding their concerns over the Department’s reopening plans. He expressed concern that there are many unknowns about COVID-19, including indoor spread and serious effects on children. Tui emphasized that the Department is the first in the nation to reopen schools and needed to do so in a safe manner.

David Negaard, HSTA, testified on the Department’s plan for reopening schools for the 2020-2021 school year. He expressed concern that the Department was planning to reopen schools at the same time that the state was reopening tourism and expressed further concern regarding the consequences of reopening schools without mandating social distancing and mask requirements. Negaard urged the Department to abide by its MOU with HSTA and implement guidelines that would slow the spread of COVID-19.

Vickie Kam, HSTA, testified on the MOU between the Board and HSTA concerning the 2020-2021 school year response and expressed concern regarding the Department’s current guidelines allowing three feet of social distancing rather than six feet of social distancing and not requiring masks. She detailed that ohana bubbles were not family units and schools have no way to know if children were exposed to the virus outside of school. Kam also expressed concern regarding the lack of temperature checks in classrooms. She urged the Board and Department follow public health guidelines, continue discussions with HSTA, and reconsider its current messaging.

Brandon Cha, member of the public, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department’s current guidelines allowing three feet rather than six feet of social distancing and not requiring masks. He detailed that stores, businesses, and college campuses were following public health guidelines and mandating six feet of social distancing as well as masks. He expressed concern that the Department’s current plan puts teachers at risk and violates the Department’s agreement with HSTA and noted that some teachers might retire early or leave the teaching profession.

Jodi Kunimitsu, member of the public, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department’s current guidelines allowing three feet rather than six feet of social distancing and not requiring masks. She detailed that many students and teachers live in multigenerational homes with at-risk family members and emphasized the importance of the Board and Department being proactive rather than reactive. Kunimitsu urged the Department to align its reopening guidelines with public health guidelines or consider full-time distance learning for the first part of the school year.

Cara Flores, member of the public, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department reopening schools at the same time that the state was reopening tourism. Flores stated that the Board and Department have a responsibility to ensure safety and noted that many other states have opted to continue virtual learning for the first part of the school year. She emphasized that tourism could put students and teachers at risk and urged the Board and Department to delay reopening schools as long as the state allowed tourism.

Raechelle Villanueva, Waiʻalae Elementary Public Charter School, testified on the MOU between the Board and HSTA concerning the 2020-2021 school year response and expressed concern regarding the Department’s current guidelines allowing three feet of social distancing rather than six feet of social distancing, not requiring masks, and implementing ohana bubbles. She stated that many teachers are considering leaving the profession because the Department’s plan is not realistic and puts teachers and students at risk. She urged the Board and Department to prioritize the health and emotional wellbeing of teachers and students by beginning the school year with distance learning and opening schools in phases.

Mireille Ellsworth, member of the public, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department reopening schools at the same time that the state is reopening tourism and not mandating six feet of social distancing and masks. Ellsworth stated that the Department’s plan and expectation of students was unrealistic and urged the Board and Department to begin the school year with virtual learning while waiting to see the effects of tourism prior to making the decision to allow in-person instruction.

Deborah Bond-Upson, LearningBond, testified on the Department’s plan for reopening schools for the 2020-2021 school year and encouraged the Board and Department to improve the social and emotional value of virtual learning. She expressed concern that engagement was low during the fourth quarter, inconsistencies confused students and families, and students lacked access to devices. She urged the Board and Department to minimize distance learning issues, determine which systems and processes help to engage students in distance learning, improve accessibility, ensure consistency, and ensure accessibility. She stated that distance learning could be valuable as technology advances and the Department should review how to successfully create and implement a distance learning system beyond the current emergency.

Cheri Nakamura, HEʻE Coalition, testified on the Department’s plan for reopening schools for the 2020-2021 school year and stood on her written testimony. She expressed concern regarding the Department’s lack of consistency, clarity, and transparency. She noted that there might be disparities across the school system and schools might interpret the plan differently because it is broad and ambiguous. She stated that administrators would need to create plans without guidance and support and urged the Department to review how to ensure equity and accountability. Nakamura detailed that the Department’s guidance does not align with CDC’s guidance and emphasized the importance of consistency. She noted that the Department did not provide specific information regarding access to devices, connectivity, and participation during the fourth quarter and urged the Board to hold the Department accountable this upcoming school year by requiring monthly attendance reports and a uniform definition of attendance.

Eric Paul Shaffer, Honolulu Community College, testified on the Department’s plan for reopening schools for the 2020-2021 school year and stood on his written testimony. He expressed concern regarding the Department’s current guidelines allowing three feet of social distancing rather than requiring six feet of social distancing and not requiring masks. He detailed increases in cases in recent weeks and explained how the virus could easily spread within schools. Shaffer urged the Board and Department to multiply efforts to lessen the spread by requiring masks and physical distancing.

Veronica Winegarner, Lanakila Elementary School, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department’s current guidelines allowing three feet of social distancing rather than requiring six feet of social distancing and not requiring masks. She stated that the Department’s cohorts would not prevent spread and urged the Board and Department to follow public health guidelines and prioritize health and safety.

Franziska Bass, North Hawaii Community Hospital, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding school schedules and their effects on working parents. Bass stated that she would need to choose between her job as an essential employee and her child’s education due to new school schedules. She stated that parents should have the option to choose to send their children to school and emphasized that there would be negative effects on communities if parents had to leave their jobs to stay home. She urged the Board and Department to reopen schools in accordance with mask and social distancing recommendations.

Susan Pcola-Davis, member of the public, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department’s current guidelines allowing three feet of social distancing rather than requiring six feet of social distancing and not requiring masks. She expressed further concern regarding lack of ventilation, temperature checks, and assessments. Pcola-Davis stated that the Department should wait to implement assessments later in the month as students would need comfort and understanding in the first two weeks of the new school year.

Lucinda Fisher, member of the public, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department’s current guidelines allowing three feet of social distancing rather than requiring six feet of social distancing and not requiring masks. She urged the Department to follow CDC recommendations and prioritize the safety of teachers and students.

Susan Rocco, Special Education Advisory Council, testified on the Department’s plan for reopening schools for the 2020-2021 school year. She emphasized that complex problems are best solved by a diverse and informed group of stakeholders. She stated that the Department does not make all information available to the public and noted that many links in the Department’s reopening plan and on its COVID-19 webpage are only accessible to Department staff. She urged the Department to increase transparency so that families could make informed decisions. Rocco expressed concern regarding attendance for distance learning and detailed that students with disabilities experience the highest rates of chronic absenteeism which contributes to poor test scores. She urged the Department to create a detailed attendance plan and share more information with stakeholders and families.

Inga Park Okuna, HSTA, testified on the Department’s plan for reopening schools for the 2020-2021 school year and expressed concern regarding the Department’s current guidelines allowing three feet of social distancing and not requiring masks. She described how difficult it would be to keep elementary school students apart if there was only three feet of space between desks and noted that the Department’s plan is unrealistic. She urged the Department to prioritize health and safety and align its plan with CDC’s guidelines to prevent schools from needing to shut down again.

Written testimony was received and provided to the Board members. The following is a listing of the people that submitted written testimony before the meeting.

Written Testimony for 20200709 GBM.pdfWritten Testimony for 20200709 GBM.pdf

The meeting recessed at 3:16 p.m. and reconvened at 3:26 p.m.


IV. Approval of Meeting Minutes of June 18, 2020

Board Chairperson Payne asked Board members to review the minutes of the June 18, 2020 General Business Meeting.

Board Member Kenneth Uemura moved to approve the General Business Meeting minutes of June 18, 2020. Board Member Kaimana Barcarse seconded.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried with Board Members Asher, Barcarse, Cox, Namauʻu, Takeno, Uemura, and Voss voting aye and Board Member Fallin abstaining from voting.

ACTION: Motion to approve the General Business Meeting minutes of June 4, 2020 (Uemura/Barcarse). The motion carried with Board Members Asher, Barcarse, Cox, Namauʻu, Takeno, Uemura, and Voss voting aye and Board Member Fallin abstaining from voting.


V. Reports of Board Committees, Board Members, and Superintendent

Investigative Committee Chairperson Barcarse reported on the findings and recommendations of the committee tasked with gathering and analyzing the information necessary to develop annual strategic priorities and developing proposed Board and Committee Strategic Priorities for the Board’s consideration, pursuant to the Board’s Strategic Priority Setting Process.

Board Member Barcarse stated that the Committee’s recommendations are concerning the Board’s priorities for the 2020-2021 school year, but the Committee is cognizant that the 2019-2020 standing committee priorities have not been completed in accordance with the originally contemplated timeline. The understanding is that the Board and Department would continue working on these priorities and that the committees and working groups tasked with completing these priorities will present their work or they will publish revised timelines once the disaster emergency relief period has ended.

Committee Chairperson Barcarse stated that the Committee’s recommendations are a shift from past practices because of two major circumstances. First, the expiration of the 2017-2020 the Joint Strategic Plan on June 30th, and second, the expectation that the 2020-2021 school year will be unpredictable and unlike past school years due to the COVID-19 pandemic. Both of these circumstances present challenges, but they also present opportunities.

Committee Chairperson Barcarse stated that the Committee has recommended five Board strategic priorities for the upcoming year. The first is to reassess its procedures for School Community Councils to request waivers from policies, rules, and procedures to provide schools with the flexibility necessary to navigate the challenges this year will present. The second is for the Board to assess its policies and identify any from which the Department may need to request statewide waivers to operate under current conditions. The third is for the Board to reassess its standing committee structure, which is currently based on the goal structure in the 2017-2020 strategic plan, to ensure it adequately oversees all domains of public education for which the Board is responsible. The fourth is for the Board to develop a multiyear policy review plan with the goal of providing a clear, comprehensive, and cohesive vision and direction for all aspects of education under the Board’s jurisdiction. The fifth is for the Board to develop a policy and legal framework that establishes a clear organizational structure for Board policies, which is needed by the agencies the Board oversees to implement the Board’s policies.

Board Chairperson Payne stated that the Board cannot deliberate or take action at this meeting on these findings and recommendations but will do so at a future meeting, pursuant to Sunshine Law.


VI. Discussion Items Note: Board Chairperson Payne took this agenda item after agenda item III (regarding “Public Testimony on Board Agenda Items”) but before agenda item IV (regarding “Approval of Meeting Minutes of June 18, 2020”).

Kishimoto reviewed the Department’s comprehensive plan for reopening schools plan for the 2020-2021 school year. She stated that the Department based its reopening schools plan on the Board’s school reopening resolution. The reopening plan assumes three key principles, including giving hope, acting with kindness, and working toward togetherness. She noted that the Department’s tri-level leadership team worked collaboratively within a short timeline and spent countless hours developing the plan. Principals worked with their schools to redesign school operations, ensure safety, and communicate with families. She expressed appreciation for the Department of Health, HSTA, county mayors, Governor Ige, and congressional delegates. Kishimoto highlighted that Board Chairperson Payne and Board Member Margaret Cox met with 17 parents over three weeks to gather their feedback on the school reopening plan.

Kishimoto stated that the Department’s schools reopening plan is focused on returning all students to learning and noted that students bore the brunt of the COVID-19 impact. She stated that the Department’s plan is based on research, voices of students and families, and the knowledge that the public school system plays a significant role in the social and emotional health of youth. Kishimoto detailed distance learning in the fourth quarter, summer learning, and in-person instruction over the summer. She highlighted that more students engaged in summer learning this past summer than in the past few years. Kishimoto stated that the Department collectively recognizes that it is reopening schools during health and economic uncertainties. Added precautions will take time, planning, and resources. She emphasized the importance of the Department balancing the safety of communities with the needs of students. She stated that the Department’s work is centered on providing clearer health and safety guidance while opening instructional spaces to the greatest extent possible. Kishimoto expressed appreciation for community feedback regarding areas in need of greater clarity and stated that the Department would continue to provide this clarity. She emphasized that the Department’s reopening plan is a living document.

Kishimoto reviewed the organization of the school reopening plan. She detailed that the reopening plan is connected to the Department’s emergency operations plan. The Department finalized its emergency operations plan in June and filed it with the Hawaii Emergency Management Agency (“Hawaii EMA”). The emergency operations plan reflects details of emergency management internal to the Department and reflects that the Department is an integral part of the entire state system’s effort for recovery in cooperation with other state agencies responsible for responding to emergencies and ensuring public safety. The Department’s pandemic contagious virus plan can be found within the emergency operations plan. She stated that the Department’s pandemic contagious virus plan is available to the public on the Department’s website. Kishimoto detailed that the Department first introduced its pandemic contagious virus plan in 2009 and updated it this March amidst the current pandemic. She noted that the Department has specific steps to follow amidst any pandemic impact on schools. The plan includes decision making processes, safety procedures, and communication protocols. She highlighted that the Department has referred to and used this plan many times and it is consistent to current operations.

Kishimoto stated that the Department’s schools reopening plan is department specific, includes a collective response, and is organized in seven sections. She added that there are sections on resources and links to the Governor’s supplementary proclamations. Kishimoto detailed that the Department’s return to learning plan is featured on the main page of its website. Separate links for each section allow community members to access information of interest to them. She stated that the Department plans to update information as guidance changes. Kishimoto reviewed the principal’s guidebook. The Department created the principal’s guidebook based on four assumptions. The first assumption is that school models would be based on the Governor’s emergency operation levels. Currently the state is at the “Act with Care” level, which means that the Department is unable to fully reopen to all students every day. The Department’s second assumption was that the school year would follow the Board’s previously adopted school calendar. As such, the instructional year begins on August 4 and includes 180 days of school. The school year will include in-person, blended, and virtual classes. She noted that there are three schools on Oahu that followed a multitrack calendar but these schools modified their calendars to one track for the first semester. She detailed that the third assumption in the creation of the principal’s guidebook is that the Department would follow the Board’s reopening principles and implement school models that adhere to health and safety guidelines. She emphasized the importance of the Department supporting the needs of families to the greatest extent possible. She stated that the fourth assumption is that the Department would comply with the Americans with Disabilities Act to accommodate those who are at heightened risk for severe illness.

Kishimoto stated that the Department learned a lot from the surveys it administered to teachers and parents and used this feedback to inform its reopening plans. She noted that the survey asked questions regarding the social and emotional wellness of students and their experiences learning with and using technology during school closures. Kishimoto stated that the Department intentionally designed the first two weeks of schools as half days to provide schools and teams with time to practice. She detailed that students would attend classes in the mornings and school teams would review and make necessary adjustments to health and safety protocols in the afternoons. Additionally, teachers would receive training on technology and other areas as necessary. She stated that schools would be assessing students’ learning needs during the first two weeks of school reopening for the purposes of instructional planning. Kishimoto noted that the Department plans to provide and focus on social and emotional health during the first two weeks of the new school year based on feedback from teachers, parents, and students. The Department is also planning for continued support throughout the school year.

Kishimoto reviewed school models. She stated that each school selected one of three models delineated by grade level. Schools selected from pre-approved models based on the number of people schools are able to accommodate and facility spaces. Principals created drafts of school bell schedules and proposed school models to teachers. During this process, schools and teachers had opportunities to vet and select school models. Kishimoto highlighted that the Department’s surveys had thousands of respondents and further highlighted that 84% of parents indicated that they preferred in-person instruction to distance learning. However, not all students are able to be on campus simultaneously thus the Department had to review modifications. Kishimoto stated that the Department is prioritizing in-person instruction for students with special needs, including language development needs. She noted that schools are not segregating students based on needs and emphasized the importance of integrated learning environments. She detailed that the Department plans to provide meal services to students unless parents opt to continue with distance learning. She stated that the Department is currently working on and reviewing federal guidance for this area. Kishimoto stated that parents are wondering if all students would return to campus eventually. She noted that this might not be possible for this upcoming school year if cases continue to increase as the state reopens.

Kishimoto reviewed virtual learning. She detailed that in-person instruction is typically the primary mode of instruction in school systems. The pandemic forced the Department to review the strength of its distance learning platform over the summer and in preparation for the new school year. Currently the Department is in the process of expanding its distance learning platform. She detailed that two of three school models use a blended or distance learning approach and provide families with options for solely virtual learning. The Department is in the process of finalizing design options for kindergarteners through fifth graders. She noted that surveys indicated that most families with children in lower grades are interested in in-person learning. Part of the challenge for the Department is providing families with options that support working parents. Kishimoto detailed that the Department was unable to take traditional daily attendance during the fourth quarter because its system is designed to take attendance when students are in school and in class. The Department recently worked with vendors to redesign its attendance system to be more flexible and account for students learning from home.

Kishimoto stated that students receiving special education services had different levels of effectiveness during school closures. She noted that not all support services under Individualized Education Programs (“IEP”) align with technology-based services. The Department was able to deliver some support services to students over the summer that it was unable to provide during the fourth quarter but not all students received these services. She detailed that schools would conduct IEP and 504 Plan meetings for each individual student upon reopening to determine whether schools need to compensate for loss of skills due to school closures. Kishimoto reviewed digital transformation and noted that the Department has an equity of access plan focused on technology. The Department procured 10,000 devices using CARES Act funds and has 23,000 devices available for loaner programs to support families. She stated that the Department has a need for 22,000 additional devices based on survey feedback if demand is similar to the fourth quarter. She detailed that the Department loaned over 20,000 devices during school closures. The challenge will be if schools need to close again during the year. In total the Department has 149,000 devices for students including new purchases. Kishimoto stated that the Department is also focusing on technical support for families, building out an ohana help desk, providing teacher training, conducting digital learning hubs, and rolling out a support program to assist students experiencing homelessness. The Department plans to continue to expand its online learning platform for distance learning. She noted that the procurement of quality curriculum materials is an important part of the Department building out its online process and would be a continuous process throughout the year.

Kishimoto reviewed facilities and after-school programs. She detailed that principals are empowered to restart after-school programming in a planful manner. Principals can also execute the use of their facilities if uses are connected to advancing learning and support, such as after-school care or food distribution. The Department has suspended all other uses of facilities under the modified reopening framework and Governor’s emergency proclamation. Kishimoto reviewed health and safety, including personal protective equipment. She stated that the state level determines health and safety protocol and all schools would need to follow this protocol. Health and safety protocol documents include how to utilize personal protective equipment, protocols for pull-out of students receiving special education services who need high-touch services, requirements for health rooms, protocols for when and if students or staff show signs of illness, procedures for cleaning and sanitizing, safety material requirements, such as soap and hand sanitizer per room, and school bus protocols. The guidance includes how schools need to sanitize shared technologies and resources necessary for learning or special education support. Kishimoto detailed that schools would have processes for wiping down high touch services throughout the day, using no touch garbage cans, wiping down water fountains, and refilling soap in the bathroom.

Kishimoto stated that schools play a critical role in communication. Schools and principals are responsible for communicating to families and including information from the Department’s reopening plan in parent handbooks. She detailed that schools will have monthly meetings for staff to review protocols and make adjustments to procedures. Schools will also provide parents with guidance concerning what students are allowed to bring to school. Kishimoto stated that the Department has protocol for visual checks when students and staff arrive to school. She noted that schools would not be taking temperatures upon entry. She stated that the Department is suspending field trips and professional development, utilizing virtual learning, and restricting work-related travel. She detailed that schools would keep students in cohorts, particularly students in lower grade levels. She noted that students could take off their face masks when they are playing outside and emphasized the importance of fresh air breaks. Kishimoto stated that some areas need further guidance and time for planning, such as athletics programming. The Department is focused on providing equity of access supports. She stated that the Department would return to the Board during its second meeting in July to review the Department’s fiscal situation. The Department continues to review its financial needs to accommodate adjustments and looks forward to discussing its fiscal health moving forward. Kishimoto stated that her meeting materials include summaries regarding fiscal health and cost escalations.

Board Member Bruce Voss highlighted that the Department developed a thoughtful and balanced approach. He expressed appreciation for the Department’s willingness to meet with unions and emphasized the importance of everyone working together to balance concerns and issues. Board Member Voss referenced testimony from healthcare workers. He noted that working parents might not be able to take time off if their children are distance learning. He noted that schools are implementing instructional models and asked if working parents would have opportunities to provide input and have influence over school schedules.

Kishimoto stated that the Department has been reviewing school data and principals have been working within their school communities and are aware of the configuration of parents in their communities. She noted that the Board did not receive parent survey data, but the survey results indicated that several hundred parents would like schools to fully reopen. She noted that there is trepidation regarding how to manage schools reopening, including the need to remain safe, not normalize too quickly, and support families so that families are able to go to work. She stated that the biggest concern parents are relaying is regarding leaving children alone at home even if children have technical knowledge and are able to participate in distance learning on their own. She noted that this concern is part of the myriad of concerns submitted to the Board and Department. Kishimoto highlighted that Department leadership and school teams would continue to gather input from parents and review how to make modifications. She detailed that the CDC, WHO, and American Academy of Pediatrics detail conditions to review modifications beyond six feet of social distancing because of other health concerns, such as children being left at home or not being able to access education. She stated that the Department reviewed various data and noted that all competing viewpoints are legitimate. She stated that the Department would also continue to gather employee input and review how it could continue to modify school models based on various input.

Board Member Cox asked about school reopening schedules, taking temperatures, attendance, and abiding by agreed to terms in MOUs.

Kishimoto explained that principals had begun to share school schedules with families and information regarding access to in-person instruction and modifications to blended or distance learning. She noted that the Department collected each school model decision yesterday and schools are now relaying information to parents.

Board Member Cox stated that thermometers might make teachers feel safe and asked about the cost of thermometers. Kishimoto stated that the Department is following guidance, including maintaining health rooms with thermometers, having trained staff isolate students when appropriate, and taking temperatures of students sent to the health room. She stated that teachers are not health aides and have indicated that they want to focus on instruction and make decisions regarding when and where students should wear masks but do not want to take temperatures of students. She stated that the Department does not intend to provide each classroom with a thermometer.

Kishimoto reviewed the reporting of attendance and noted that the Department could provide further clarity and add additional information to the attendance section in its reopening plan. She detailed that the Department worked with a vendor on a new method for taking attendance of students participating in distance or blended learning approaches. This new method would account for time in which students are engaged in instruction. She stated that the Department could include more information regarding its attendance structure in its guidance and handbooks.

Board Member Cox asked for the Department to report on attendance to the Board. Kishimoto confirmed that the Department could do so. She highlighted that the Department has been working on metrics to provide ongoing reports to the Board as schools reopen and attendance is one of those metrics. She stated that the Board would be able to review a dashboard of metrics and could decide if it would like the Department to collect additional data and include additional metrics. She noted that the Department is identifying metrics that schools could easily provide to the complex area and state levels that do not require additional work at the school level.

Kishimoto reviewed the Department’s MOU with HSTA. She detailed that the Department agreed to six feet of social distancing to the extent possible when agreeing to the MOU. She stated that the Department based its guidance on Department of Health guidance allowing three to six feet of social distancing under the appropriate health and safety conditions with the right modifications. She stated that it appears as though the Department and HSTA interpreted guidance differently. She noted that the Department based its guidance on Department of Health guidance and used this guidance for planning as she described at the Board’s last meeting. She stated that three to six feet of distancing provides a way in which students who need in-person instruction could return to school safely. She stated that not all families may receive in-person learning opportunities as schools reopen. The Department would need to meet with HSTA to work in collaboration and move forward. Board Member Cox commented that cases are increasing and the Department should err on the side of caution.

Military Representative Captain Lyn Yatko detailed the movement of military personnel and their families and transition periods. She described how restriction of movement is causing delays for families and might delay their children beginning school and further detailed concerns regarding registration. She encouraged the Department to remain flexible with military families. Kishimoto highlighted that the Department has been in close contact with military partners since March and has been coordinating, finishing repair and maintenance projects in schools on military installations, and understanding transition periods and movements. The Department is aware that transitions cause delays and plans to continue to support military families by creating adjustments and providing information.

Board Chairperson Payne noted that testifiers raised issues concerning child care. Military Representative Captain Yatko stated that there are dual military families, single parents, and families with other challenges who have concerns regarding hybrid learning and school schedules and may need accommodations. Board Chairperson Payne emphasized the importance of community partnerships and noted that some of these issues are beyond the Department’s ability to address.

Board Member Lynn Fallin asked about concerns related to social distancing. She stated that testifiers expressed the need for consistency and clarity regarding social distancing issues. She noted that she reviewed HSTA’s MOU with the Department and it underscores these concerns and should be addressed. Board Member Fallin asked if schools have provided feedback to Department leadership and asked how many schools would be implementing six feet of social distancing and how many would be implementing less than six feet. She asked what the implications might be and how the Board could support schools in implementing appropriate distancing requirements. Board Member Fallin asked what the Department has learned regarding summer learning in terms of implementation, safety, social distancing, and masks. Board Member Fallin noted that the American Academy of Pediatrics published guidelines recently regarding social distancing in classrooms and asked about the Department’s interface with the American Academy of Pediatrics. Board Member Fallin stated that she reviewed the Board’s resolution on reopening schools and several sections indicate the need for data and metrics. She stated that data and metrics help understand how instruction and operations are going long term, annually, and regularly. She asked what metrics the Department might include in its reports to the Board. Board Member Fallin commented on the Department’s survey regarding virtual learning and noted the importance of collecting data regarding how many students are participating and the amount of time students are spending distance learning. She noted that the Department’s report included questions asked of students but did not include a summary. She stated that some quality metrics might be what kind kinds of instruction worked best online and what instruments were most useful.

Kishimoto explained that schools are not determining between six feet of social distancing versus three feet. She explained that there are modifications at a variety of levels such as five feet or four feet of social distancing. She noted that schools selected school design models and submitted these to complex areas yesterday for review and are reviewing distance learning work. Kishimoto detailed that schools would not implement modifications to six feet of social distancing across the school. Rather, schools are reviewing if four feet, five feet, or three feet of distancing are necessary in several classrooms in order to allow more students on campus to meet the needs of struggling families. She explained that principals are reviewing modifications for some classrooms to be responsive to parents. She stated that schools are currently reviewing plans and the Department could provide these plans to the Board. Kishimoto detailed that summer school classes implemented six feet of social distancing. Teachers shared that students needed breaks to take their masks off and get fresh air. She noted that some classrooms were able to implement social distancing beyond six feet which gave students more opportunities to take breaks from masks and allowed teachers to better understand younger students. She stated that the Department has received positive feedback regarding summer school but noted that summer school is still ongoing. The Department is in the process of administering a formalized survey and would provide survey results and formal data to the Board. Kishimoto stated that the Department’s interface with the American Academy of Pediatrics is through the state epidemiologist. Kishimoto stated that the Department is in the process of drafting and finalizing metrics and would share drafts with the Board for feedback. The Department plans to include areas regarding attendance, technology, and utilization readiness. She noted that the Department is working on standing up statewide capacity for distance learning in the case it would need to quickly switch to distance learning during the school year. She detailed that the Department administered a program to secondary level students and noted that while there were differences in content and software to accommodate for different grade levels, platforms were common. She noted that students have been out of school since March 16th at the start of spring break unless they attended summer programs. Parents are concerned about adjustments students would need to make if in-person instruction is delayed and the Department rolls out full distance learning at the start of the school year. She stated that the Department plans to continue to discuss key issues with the Board throughout the year, including metrics, feedback, necessary systems, and costs.

Board Member Barcarse detailed negotiations between the Department and HSTA and stated that his understanding was that schools would implement six feet of distance whenever possible. Six feet of social distancing would be the norm and anything less than six feet would be an exception rather than the rule. He encouraged the Department to meet with HSTA to find common ground to keep teachers and students safe and move forward. Board Member Barcarse referenced the HEʻE Coalition’s testimony and asked about attendance. He asked if each school determines what online attendance would look like and asked if the Department could standardize attendance so that there was a common definition and uniformity across the school system. Board Member Barcarse detailed that the state has hit unwanted milestones this past week, such as multiple days of more than 25 new cases, highest one day totals, and cases exceeding 1,000. He asked how quickly the Department would be able to shift and return to full-time distance learning should the need arise and what kinds of support the Department would need.

Kishimoto explained that six feet of social distancing is the norm but schools might need to make exceptions and implement less than six feet to accommodate high need families and students who are struggling. She stated that modification continues to be a matter of perspective and interpretation. It is not currently clear which exceptions are viable and which are not. She stated that schools are receiving feedback from parents to determine exceptions. However, the Department would need to meet with HSTA and have continued dialogue to determine social distancing guidelines and provide clarity. Kishimoto explained that the Department added business rules to how schools would take attendance when it implemented its new attendance system to account for distance or blended learning. She noted that the principal’s guidebook does not discuss these business rules as the Department has not yet made them available to the public. She clarified that there is a definition for how attendance is to be taken and this is not up to schools. However, principals and teachers determine academic time at the school based level.

Kishimoto stated that health data would continue to change and the Department waits for the interpretation of data from health officials. She detailed that the Department requested $57.8 million of CARES Act relief funds from the Legislature but has not received any funding at this time and the Legislature has already allocated these funds. She stated that these funds account for costs to expand the Department’s platform, provide training, and provide devices. She stated that she believed it was a modest ask to be able to guarantee that the Department could quickly shift to full-time distance learning. Kishimoto stated that the Department plans to present to the Board on what it has done to expand its platforms using the CARES Act funds it previously received at the next Board meeting. The Board prioritized distance learning and devices for high need students. She noted that there would be challenges in providing enough training to 13,000 teachers, substitute teachers, and other staff members in addition to providing technical support. Kishimoto stated that timing is an issue as well because typically school systems do not roll out full-time distance learning in this manner. She stated that more work still needed to occur. The Department is currently reviewing how many teachers and staff would be ready to shift to distance learning by various dates and how many more could shift by later dates so that it could share its progress and reality with the Board. Kishimoto noted that the Department has been having conversations with private schools regarding how private schools are implementing and rolling out distance learning. The Department is mapping out its plans so that it has an understanding of capacity, including training, devices, and platforms. The Department is prioritizing funds for distance learning because it has no choice but to do so but if the Department incurs unknown costs during the school year it will not have any available CARES Act funds at that point in time.

Board Member Barcarse emphasized the importance of the Department taking various factors into account when determining social distancing. He encouraged the Department to emphasize the Board’s resolution and the health and safety of students and teachers as the highest priority during its future discussions with HSTA.

Board Member Takeno stated that he agreed with Board Member Voss that the current plan is a good start and acknowledged that there are many complexities. He stated that school begins in four weeks and much more work has to occur if the Department’s goal is to open schools on August 4. He referenced HEʻE Coalition’s testimony regarding the Board’s resolution and noted language regarding consistency, clarity, and transparency. He stated that the Department’s handbooks to assist principals in implementation raise various concerns for him that were also raised by the HGEA. He noted that the handbooks are redundant and provide conflicting guidance. The handbooks do not provide enough clarity nor consistency. He stated that the Department is still consulting with unions on the principal’s guidebook and discussions are ongoing. However, the Department has not yet consulted unions on the pandemic contagious virus plan, which is statutorily and contractually required. He stated that the Department did not receive a waiver on policies related to collective bargaining so statutory and contractual requirements are not negated under these conditions. He stated that the Department would still need to consult with exclusive representatives on the pandemic contagious virus plan but the plan was very confusing.

Board Member Takeno stated that there are many areas that are in need of reexamination and typos throughout. He noted that the language and wording would lead to confusion for administrators. Board Member Takeno detailed that one section describing recognition of a virus on campus instructs administrators to initiate “contract training,” which should be changed to “contact tracing.” He noted that other sections are in need of reexamination and raise human resources concerns, such as areas in which terms are used synonymously that are not synonymous. He stated that “essential workers” are not “emergency workers.” They are different types of employees and the categories have different meanings. He stated that the Department should not be using these terms interchangeably because it would be similar to using the terms “excluded” and “exempt” interchangeably when they are statutorily different. Board Member Takeno noted that the different pages present the same scenario but provide different guidance. He stated that it would be confusing for principals to determine which guidance to follow. One section discusses what to do when an individual has been diagnosed. Another section has the same title and scenario but lists different procedures. He emphasized the importance of consultation with HGEA and the importance of providing schools with clarity, consistency, and transparency otherwise schools will be confused as to which procedures to follow. He stated that the Department needed to provide school personnel and leaders with information that would help them succeed in reopening which is already challenging and risky. He stated that the Department should not rush to push things out if it was necessary to take a step back. He stated that he would rather the Department get things right the first time versus trying a different solution and going back into lockdown.

Kishimoto explained that the pandemic contagious virus plan is part of the mandated emergency management plan. The Department recently updated the plan with information due to the current pandemic. She noted that the plan has not yet undergone the review process with the Hawaii EMA and she would need to review the timeline in terms of the process, review, and feedback. She detailed that the Department updated the plan with information in July 2020 because it is mandated to make this plan available as it goes through the finalizing, vetting, and refiling process. The Department’s focus was on its guidebook but it would review the plan to address Board Member Takeno’s concerns.

Board Member Uemura asked if the Department included the Board’s guidance in its resolution in the Department’s reopening plan. Kishimoto detailed that following the Board meeting the Department created a grid and chart and assigned every line and section of the Board’s resolution to a staff member. The Department’s reopening plan cross references the Board’s resolution. She stated that there are areas regarding data reporting that are still forthcoming and the Department would not include them in the reopening plan because it plans to include this data as a follow-up in its monthly reports. She stated that the Department has been keeping track of the Board’s resolution to ensure its accountability to the Board.

Board Member Uemura asked if the Department could share its chart and grid. He stated that the reopening plan should include the Board’s guidance and asked about issues in trying to meet and implement the Board’s guidelines. Kishimoto stated that the Department has not run into any challenges because the resolution reflects ongoing conversations regarding work that is still in progress. She stated that there are timing issues regarding reopening and follow-up reports. The Department would need time to develop a reporting structure similar to how it received feedback regarding summer school and followed up with weekly reports.

Board Member Uemura stated that the resolution directed the Department to consider changes to the 2020-2021 school year calendar to determine whether changes were necessary and ensure students receive instructional time. He noted that the Department did not request changes and asked what the process would be if the Department determined that it could not reopen on August 4.

Kishimoto stated that the Department’s tri-level leadership have had ongoing conversations and received feedback from parents. She stated that the Department considered whether it could honor parent requests and needed to not delay the school year when reviewing potential calendar changes. She detailed that not all students were participating in their classes and in attendance for the t46 days during initial closures. She stated that the Department’s goal is to not interrupt the school year. She noted that there are considerations regarding flu season and whether the flu season might create a need for adjustments to the school calendar.

Board Chairperson Payne commented that the Department is working within parameters of legislation that requires the Department to have 180 instructional days. She noted that the Legislature adopted this legislation during the last economic downturn. She stated that the Department would need to implement this requirement unless the Legislature amends statute.

Board Member Voss commented on the language of the MOU between HSTA and the Department and encouraged common understanding. He stated that he interpreted the language as circumstantial and asked if this was also the Department’s understanding. Kishimoto confirmed that the Department interpreted three to six feet of social distancing as circumstantial. She stated that “whenever possible” language suggests that schools could make considerations to meet parents and students needs if necessary. She stated that the Department would need to continue to engage in these conversations. She noted that health and safety concerns in regards to social distancing are important but there are also health and safety matters that could occur if schools were unable to accommodate high risk children and other children with working parents. She stated that the Department is balancing a safe learning environment, considering parameters it would need to work within, and reviewing safety factors to take into consideration. For example, would people feel safe if six feet of distancing were not possible but schools were strict in terms of masks? She stated that these questions are critical to the conversation.

Board Member Uemura asked if the Department could add weeks to the back of its school year calendar if it were to postpone reopening while still meeting the 180 instructional requirement. Kishimoto confirmed that the Department could do so but noted that it would need to communicate and consult with unions and have sufficient time to plan.

Board Member Uemura encouraged the Department to follow CDC’s guidance as well as the Department of Health’s guidance. He noted that he watched press conferences with the Department of Health and was concerned about comments regarding social distancing and masks. He stated that the Department would likely discuss these concerns with HSTA during pending discussions. He urged the Department to implement six feet of social distancing as much as possible and err on the side of caution. However, the Department’s guidebook includes other ways in which to keep students and staff safe if six feet of distancing were not possible. He stated that he would like the Department to reference handbooks, documents, and data in its reopening plan.
VII. Action Items
Board Chairperson Payne reviewed the general business meeting schedule for the 2020-2021 school year. She detailed that the Board would continue to hold its meetings on the first or third Thursday of each month during business hours. Committee Chairpersons would schedule Committee meetings at their discretion. She noted that she did not include physical locations for the meetings because it is unclear when people will be able to assemble for public meetings again.

Board Member Barcarse moved to adopt the general business meeting schedule for the 2020-2021 school year listed in Exhibit A of Board Chairperson Payne’s memorandum dated July 9, 2020. Board Member Cox seconded.

Board Chairperson Payne noted that although the meeting calendar includes one meeting per month, it does not mean that the Board would not meet more often for community meetings, Committee meetings, or emergency meetings if necessary. She stated that she would like to possibly continue community meetings virtually.

Board Member Cox stated that Committee meetings feel rushed when the Board’s general business meetings fall on the same day. She suggested that meetings would be more efficient if all Committees met one Thursday of the month and the full Board met the other Thursday of the month.

Board Chairperson Payne clarified that Committee Chairpersons have the flexibility to schedule meetings on the same day as full Board meetings or on different days.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried unanimously with all members present (Board Members Asher, Barcarse, Cox, Fallin, Namauʻu, Takeno, Uemura, and Voss) voting aye.

ACTION: Motion to adopt the general business meeting schedule for the 2020-2021 school year listed in Exhibit A of Board Chairperson Payne’s memorandum dated July 9, 2020 (Barcarse/Cox). The motion carried unanimously with all members present voting aye.


Board Chairperson Payne stated that the Board elects a Vice Chairperson each year, and this election is effective for the 2020-2021 school year. She stated that Brian De Lima served as Board Vice Chairperson over the last two years and asked if any Board Members were interested in serving as Board Vice Chairperson.

Board Member Takeno nominated Board Member Uemura to serve as Board Vice Chairperson effective for the 2020-2021 school year. Board Member Barcarse seconded.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried unanimously with all members present (Board Members Asher, Barcarse, Cox, Fallin, Namauʻu, Takeno, Uemura, and Voss) voting aye.

ACTION: Motion to elect Board Member Kenneth Uemura as Board Vice Chairperson effective for the 2020-2021 School Year (Takeno/Barcarse). The motion carried unanimously with all members present voting aye.


Note: The Board took Agenda Items VII.C and VII.D together.

Board Chairperson Payne stated that the Board appoints committee chairpersons and members each year, and this appointment is effective for the 2020-2021 school year.
Board Member Uemura moved to appoint: (1) Board Members Asher, Cox, Barcarse, Fallin, Namauʻu, Payne, Takeno, Uemura, and Student Representative Hunter Harris as members of the Student Achievement Committee; (2) Board Members Cox, Fallin, Namauʻu, Payne, Takeno, Uemura, and Voss as members of the Finance and Infrastructure Committee; and (3) Board Members Barcarse, Cox, Fallin, Namauʻu, Payne, Takeno, Uemura, and Voss as members of the Human Resources Committee. Board Member Takeno seconded.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried unanimously with all members present (Board Members Asher, Barcarse, Cox, Fallin, Namauʻu, Takeno, Uemura, and Voss) voting aye.

ACTION: Motion to appoint: (1) Board Members Asher, Cox, Barcarse, Fallin, Namauʻu, Payne, Takeno, Uemura, and Student Representative Hunter Harris as members of the Student Achievement Committee; (2) Board Members Cox, Fallin, Namauʻu, Payne, Takeno, Uemura, and Voss as members of the Finance and Infrastructure Committee; and (3) Board Members Barcarse, Cox, Fallin, Namauʻu, Payne, Takeno, Uemura, and Voss as members of the Human Resources Committee (Uemura/Takeno). The motion carried unanimously with all members present voting aye.


Note: The Board took Agenda Items VII.C and VII.D together.

Board Chairperson Payne stated that the Board appoints committee chairpersons and members each year, and this appointment is effective for the 2020-2021 school year.
Board Member Uemura moved to appoint: (1) Board Member Cox as Committee Chairperson and Board Member Namauʻu as Committee Vice Chairperson of the Student Achievement Committee; (2) Board Uemura as Committee Chairperson and Board Member Voss as Committee Vice Chairperson of the Finance and Infrastructure Committee; and (3) Board Member Takeno as Committee Chairperson and Board Member Barcarse as Committee Vice Chairperson of the Human Resources Committee. Board Member Takeno seconded.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried unanimously with all members present (Board Members Asher, Barcarse, Cox, Fallin, Namauʻu, Takeno, Uemura, and Voss) voting aye.

ACTION: Motion to appoint: (1) Board Member Cox as Committee Chairperson and Board Member Namauʻu as Committee Vice Chairperson of the Student Achievement Committee; (2) Board Uemura as Committee Chairperson and Board Member Voss as Committee Vice Chairperson of the Finance and Infrastructure Committee; and (3) Board Member Takeno as Committee Chairperson and Board Member Barcarse as Committee Vice Chairperson of the Human Resources Committee (Uemura/Takeno). The motion carried unanimously with all members present voting aye.


Cynthia Covell, Assistant Superintendent, Office of Talent Management, reviewed the MOU between the Board and HSTA concerning 2017-2021 contractual modifications and conditions of work related to the COVID-19 response for Bargaining Unit 5 employees. She detailed that the negotiating teams engaged in thoughtful discussions and touched on key points. All members on both sides were instrumental in the agreement. She highlighted that the Department had four goals when it entered into the MOU. The first was to add no-cost items given the current budget. The second was for the MOU to be consistent with the Board’s resolution. The third was for the MOU to be consistent with the Department of Health’s guidance. The fourth was to maximize support to principals to allow principals to be able to focus on reopening schools. She noted that teams went to work fast after the Board adopted its resolution to jointly approve models so that principals could begin making decisions for the upcoming school year. She detailed that both teams convened day and night to come to an agreement. Covell highlighted that HSTA recommended and the Department agreed to standing up monthly meetings to discuss COVID-19 at the state, complex, and school levels in order to discuss changing environments and what the Department’s plans were to adjust to any changes. The Department presented school models to HSTA to reach a mutual agreement and move forward. The Department and HSTA agreed to have nine days at the beginning of the school year be half days so that schools could use the second part of the day for training and safety protocols. She stated that the parties agreed to modify Article VI, Teaching Conditions and Hours, for purposes of determining each school’s instructional models and bell schedule. She noted that the parties agreed that principals would offer teachers with opportunities to weigh in on school models to ensure collaboration. The principal and teachers would attempt to reach consensus. The principal would select the model if they were unable to reach a consensus but many schools did reach a consensus. Covell stated that the Board discussed social distancing of six feet earlier in the meeting. She stated that the Board’s approval would enable the Department to execute the agreement.

Board Member Cox moved to approve the MOU between the Board and HSTA (School year 2020-2021 COVID-19 response): 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit 5 employees effective June 26, 2020, as described in the Department’s memorandum dated July 9, 2020. Board Member Voss seconded.

Board Member Voss commended HSTA and the Department and highlighted that the MOU was impressive considering the difficult circumstances. He stated that it supports teachers and continuity of learning in addition to personal protective equipment and safety. He asked if the Department would return to the Board with an amended agreement after having further discussions with HSTA regarding social distancing and face masks.

Covell stated that the Department could reach an agreement with HSTA without signing another MOU. She stated that the term “whenever possible” allows for discussion to occur. She stated that she did not anticipate needing another MOU but the Department might need to continue discussions with HSTA if issues come up throughout the school year that are not covered under this agreement.

Board Member Takeno stated that the majority of employees never imagined that they would become frontline workers. He noted that typically frontline workers include police officers, firefighters, medical staff, emergency medical technicians, and others in various occupations. He stated that courageous public employees are putting themselves and their families at risk on a daily basis. Board Member Takeno detailed that human resources systems recognize the risks and dangers of occupations and consider these factors when pricing these types of jobs as well as providing recognition in the form of entitlements to different benefit structures, retirement plans, and so forth. He emphasized that employers should recognize the impact of decisions on employees.

Board Member Takeno stated that the Board’s resolution encourages acting with kindness. He stated that everyone should also act with dignity, respect, acknowledgement, and appreciation. He emphasized that the Department should work towards togetherness rather than divisiveness and emphasized the importance of erring on the side of caution when it comes to matters of health and safety. He stated that he would be voting against the approval of the MOU. Board Member Takeno explained that the MOU is already in effect because both the Superintendent and Governor signed off on it. However, voting against the MOU would send a message to HSTA and teachers that the Board supports resolution of their concerns. He stated that both parties should return to the negotiating room and noted that both parties had good intentions and were in pursuit of understanding. However, that has not yet been achieved. He stated that he would like the Department to continue discussions with HSTA and return to the Board with an update.

Board Member Barcarse suggested deferring the MOU until both parties came to an understanding. He stated that it appears as though there were misunderstandings despite signatures. He stated that Kishimoto indicated that the Department would meet with HSTA for clarity and to reach an understanding and could report back to the Board if the Board were to defer its approval.

Board Member Fallin agreed with deferral given the testimony that the Board heard and received. She stated that clarity and understanding were necessary and emphasized the importance of the Board making a good faith effort in its expectations around key issues, such as face masks and social distancing. Board Member Fallin asked about the implications of voting against the MOU.

Board Member Takeno explained that it does not matter if the Board votes against the MOU because the MOU has the required votes to go into effect. However, the MOU does not align with the Board’s resolution and directive to work together. He stated that teachers play an important role in the success of schools reopening and HSTA is the exclusive representative and voice of the teachers. He stated that he is a strong proponent of collective bargaining laws and believes that employees should have their voices heard. He stated that he would like the MOU to follow the Board’s resolution. The Board’s resolution emphasized and prioritized the health and safety of teachers, students, and other staff members.

Board Member Fallin asked about the difference between deferral and voting against the MOU. Board Member Takeno explained that he would support either motion.

Board Member Cox stated that she is a firm believer that the Board and Department abide by the MOU.

Board Member Cox requested to withdraw her original motion. Board Chairperson Payne asked if there was any objection to withdraw the motion. There were no objections, and the motion was withdrawn.

Board Member Cox moved to defer action on the MOU between the Board and HSTA (School year 2020-2021 COVID-19 response): 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit 5 employees effective June 26, 2020, as described in the Department’s memorandum dated July 9, 2020, to the Board’s July 23, 2020 meeting. Board Member Barcarse seconded.

Board Member Voss stated that there appears to be a misunderstanding as to the effect of what the Board is doing. He stated that the MOU is already in effect. The Board cannot force HSTA and the Department to enter into discussions and return with an amended MOU. He stated that deferral does nothing but send a message. Board Member Voss stated that he would like both sides to reach an agreement but does not want to lose sight of the other important matters in the MOU that the Board supports. He stated that he does not support the motion on the floor and believes the Board should approve the MOU and encourage the Department to return with an amended MOU if the Department is able to reach an understanding with HSTA. He stated that the current motion has no real effect.

Board Chairperson Payne stated that the MOU has the votes it needs to effectuate it, thus deferring or not approving the MOU would be symbolic.

Board Member Takeno detailed that the Governor has three votes, the Superintendent has one vote, and the Board has two votes. He stated that although the MOU is in effect, he wants to ensure that the misunderstanding is resolved if the Board signs off on the MOU and is part of it. He stated that the Department could work with HSTA and come to an agreement and then the Board could sign the MOU. This would send a message that all parties collectively agree and are in support of the MOU. He stated that the Board has no authority to compel the HSTA or the Department to continue discussions but the intent of its resolution was to encourage everyone to work together. The Board’s resolution requested that the Department work together with all parties to bring back a plan to reopen schools. He stated that Kishimoto has expressed her commitment to continue discussions with HSTA. He noted that the Board’s action would not affect the MOU but would signify that the Board has concerns because the MOU did not meet or fulfill the intent of the Board’s resolution.

Board Chairperson Payne stated that by deferring the MOU the Department has an opportunity to return and update the Board on whether a consensus was reached and specific concerns addressed.

Board Member Takeno stated that although the MOU is already in effect, there is a misunderstanding that needs to be resolved. Regardless of whether the Board approves the MOU today or in the future, the Board is just stamping its approval. He stated that he does not agree with approval until the MOU meets the objectives of the Board’s resolution.

Board Member Uemura stated that he understood both Board Member Barcarse’s and Board Member Takeno’s concerns as well as Board Member Voss’s concerns. He stated that the Board needs its own independent voice regardless if the MOU is already in effect. Deferral allows the Board to use its voice.

Board Member Voss stated that he supports Board Member Takeno’s rationale. He stated that deferral would require the Department to report back to the Board on progress.

Board Member Kili Namauʻu stated that the Board received thousands of pieces of testimony and is grateful for the teachers’ efforts. She stated that she did not understand why a misunderstanding occurred in the first place but understood misinterpretation and confusion regarding the Department of Health’s guidelines and messaging. She stated that teachers do not believe that the Department of Health’s guidelines of three feet of social distancing are sufficient. She highlighted that the Board’s action shows teachers that the Board cares about them and their wellbeing. She stated that she hopes that HSTA and the Department reach an understanding so that the Board would be able to add its signature to the MOU in the future.

Board Chairperson Payne stated that the Department could return to the Board’s July 23, 2020 meeting with an update.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried unanimously with all members present (Board Members Asher, Barcarse, Cox, Fallin, Namauʻu, Takeno, Uemura, and Voss) voting aye.

ACTION: Motion to defer action on the MOU between the Board and HSTA (School year 2020-2021 COVID-19 response): 2017-2021 contractual modifications and conditions of work related to COVID-19 response for Bargaining Unit 5 employees effective June 26, 2020, as described in the Department’s memorandum dated July 9, 2020, to the Board’s July 23, 2020 meeting (Cox/Barcarse). The motion carried unanimously with all members present voting aye.

VIII. Adjournment

Board Chairperson Payne adjourned the meeting at 5:43 p.m.