STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Thursday, February 17, 2022

*The Board did not meet at a physical location. As part of the response to the threat of COVID-19, Governor David Ige issued an Emergency Proclamation dated January 26, 2022, suspending the requirement of having at least one meeting location open to the public, pursuant to Hawaii Revised Statutes Section 92-3.7, to enable boards to conduct meetings without any board members or members of the public physically present in the same location.


PRESENT:
Catherine Payne, Chairperson
Kenneth Uemura, Vice Chairperson
Bill Arakaki
Kaimana Barcarse
Lyla Berg
Lynn Fallin
Kili Namauʻu
Bruce Voss


EXCUSED:
Shanty Asher


ALSO PRESENT:
Kyla Musso, Student Representative
Colonel Angenene L. Robertson, Military Representative
Keith Hayashi, Interim Superintendent, Department of Education
Randy Tanaka, Assistant Superintendent, Office of Facilities and Operations, Department of Education
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary


  1. Call to Order


Board Chairperson Catherine Payne called the Board of Education (“Board”) General Business Meeting to order at 1:33 p.m.


Board Chairperson Payne announced that Board Vice Chairperson Kenneth Uemura and Board Members Bill Arakaki, Kaimana Barcarse, Lyla Berg, Lynn Fallin, Kili Namauʻu, and Bruce Voss were participating in the meeting. Board members did not have others present with them at their nonpublic locations to announce.

II. Approval of Meeting Minutes of January 13, 2022 Special Meeting, January 20, 2022 Special Meeting, January 20, 2022 General Business Meeting


Board Chairperson Payne called for public testimony on this agenda item. No one provided oral testimony at this time.


Board Chairperson Payne asked Board members to review the minutes of the Board’s January 13, 2022 Special Meeting, January 20, 2022 Special Meeting, and January 20, 2022 General Business Meeting.


Board Vice Chairperson Uemura moved to approve the meeting minutes of the Board’s January 13, 2022 Special Meeting, January 20, 2022 Special Meeting, and January 20, 2022 General Business Meeting. Board Member Fallin seconded.


Board Chairperson Payne asked if there were any objections to the motion. No Board Member raised objections, and the motion carried through unanimous consent from all members present (Board Vice Chairperson Uemura, Board Members Arakaki, Barcarse, Berg, Fallin, Namauʻu, and Voss).


ACTION: Motion to approve the meeting minutes of the Board’s January 13, 2022 Special Meeting, January 20, 2022 Special Meeting, and January 20, 2022 General Business Meeting (Uemura/Fallin). The motion carried through unanimous consent from all members present.


III. Reports of Board of Education (“Board”) Committees, Board Members, and Superintendent


Board Chairperson Payne called for public testimony on this agenda item.


Susan Pcola-Davis, member of the public, testified in support of the committee action on school level staff compensation. She stated that regarding the Department’s plan of organization, the corrections must be clear and expressed support for Board Member Lynn Fallin’s comments requesting more details for the school and complex area levels.


Board Member and Human Resources Committee Chairperson Kaimana Barcarse reported that the Committee approved the January 20, 2022 meeting minutes and unanimously approved the recommendation from Board Member Bill Arakaki relating to the recommendation concerning Board policy positions for the 2022 legislative session concerning school level staff compensation. He also reported that the Committee indefinitely deferred action on the Department’s plan of organization updated as of June 30, 2021 and directed the Department and Board staff to develop an annual process to ensure the Board has an opportunity to provide input on the plan of organization.


Board Chairperson Payne called for public testimony on this agenda item.


Susan Pcola-Davis, member of the public, testified that there are two bills at the legislature regarding a virtual school (Senate Bill 3094 and House Bill 2126), but that the Board and public were not able to provide input on how the Department will establish a virtual school.


Board Member and Student Achievement Committee Chairperson Namau’u reported that the Committee received a presentation on the Department’s virtual school plan and had a robust discussion. She stated that the committee had many questions and that the Board will need to hear more about the Department’s virtual school concept and plan in the future. She also reported that the committee discussed the possibility of a Board policy to give direction to the Department on the virtual school and distance learning concepts, which is something that she will explore further.

Board Member and Student Achievement Committee Chairperson Namau’u stated that the committee also received a report on the Department proposed amendment of and addendum to the ESEA consolidated state plan to, which would revise the growth calculation methodology for the 2021 growth results, modify COVID-19 data used for identifying and exiting Comprehensive Support and Improvement (“CSI”) and Targeted Support and Improvement (“TSI”) schools, and revise the minimum number of students for which data will be reported to comply with Hawaii Revised Statutes Section 302A-1004.


Board Chairperson Payne called for public testimony on this agenda item.


Susan Pcola-Davis, member of the public, reminded the Board to review the key skills and attributes for a superintendent (technical, human, educational, cultural and symbolic leadership) that Robert Hull presented during National Association of State Boards of Education (“NASBE”) boardsmanship training.


Mitchell Otani, Kalani High School Principal, testified in support of gathering stakeholder input on the superintendent job description. He acknowledged that Interim Superintendent Keith Hayashi meets all of the proposed characteristics and is worthy of consideration.


Board Chairperson and Search Committee Chairperson Payne stated that the Search Committee gathered stakeholder input to develop the superintendent job description and held meetings with its Advisory Group, focus groups, and key legislative committee chairpersons. She reported that former NASBE President and Chief Executive Officer, Robert Hull facilitated the meetings and search Committee members attended the Advisory Group and focus group meetings.


Board Chairperson and Search Committee Chairperson Payne stated that the Search Committee met virtually with its Advisory Group on January 18, 2022 to get feedback on the education system’s greatest needs, areas of growth, and desired outcomes to develop the superintendent job description and competencies. She explained that after the meeting, Hull asked the Search Committee and Advisory Group members to complete a survey to determine the tailored descriptions of the five forces of leadership reflected their comments and concerns.


Board Chairperson and Search Committee Chairperson Payne stated that during the week of January 31, 2022, the Search Committee held seven virtual focus groups represented by school-based educators, school administrators, parents, community members including (business, military, advocacy, non-profit), Department staff, and students. She explained that the Search Committee formed the focus groups to reflect the diversity of Hawaii’s public education system with individuals that could represent various constituencies, including Department schools, charter schools, Kaiapuni (Hawaiian immersion) schools or programs, special education, multi-lingual learners, adult education, Native Hawaiians, Pacific Islanders, Micronesian, and Filipino.


Board Chairperson and Search Committee Chairperson Payne stated that during the week of February 7, 2022, Hull met with Senator Michelle Kidani, Senate Committee on Education Chairperson; Representative Sylvia Luke, House Committee on Finance Chairperson; and Representative Justin Woodson, House Committee on Education Chairperson. She stated that all of them graciously shared their thoughts regarding Hawaii’s public education system. Board Chairperson and Search Committee Chairperson Payne explained that based on the feedback from the Search Committee, Advisory Group, focus groups, and meetings with legislators, Hull revised the superintendent job description. He ensured the job description reflected the feedback gathered and aligned the job description with the Board’s current superintendent evaluation process by reflecting the evaluation’s professional standards in the “Primary Responsibilities” section.


Board Chairperson and Investigative Committee Chairperson Payne expressed her support for the job description created by the Search Committee, which reflects the needs, desires, and opinions of the statewide community.


Board Member Fallin stated that the Search Committee wanted an inclusive process and to hear from those directly impacted by Department leadership regarding their needs and opportunities. She stated that the Search Committee gathered good input and that it was enlightening to hear from students and school-based educators. Board Member Fallin expressed appreciation for the time and efforts that everyone put into the proposed superintendent position description.


Board Member Namau’u expressed appreciation for those who participated in the focus groups to make sure everyone was represented. She expressed her hope that these kinds of processes continue while the Board moves forward to select a permanent superintendent to lead the public schools.


Board Member Barcarse expressed appreciation for focus groups participants who made sure the Board heard and understood what they shared. He stated that he found more commonalities than differences shared between the focus groups and that students had safety at the core of many of their comments. Board Member Barcarse noted that focus group participants represented a diverse range of individuals who provided information relating to specific needs in the public education system.


Board Chairperson and Investigative Committee Chairperson Payne outlined that in accordance with the Sunshine Law, Board Members cannot discuss or take action on the Search Committee’s recommendation at this meeting, but will do so at the Board’s March 3, 2022 General Business Meeting. She explained that if the Board approves the job description, the Search Committee will publish and begin accepting applications in March.

IV. Action Items


Board Chairperson Payne called for public testimony on this agenda item.


Wayne Tanaka, Sierra Club of Hawaiʻi, testified that the Red Hill fuel leak situation is unprecedented and that all of Hawaii needs to be engaged and stand together to demand an intervention to deal with the current crisis.


Susan Pcola-Davis, member of the public, testified that bringing up the Red Hill water crisis is her number one kuleana (responsibility) this year because the people have been lied to and public health is being affected.


Manuel Kuloloia, Ke Kai O Kuloloiʻa, testified that the Board needs to do the right thing and tell the Navy to defuel the Red Hill facility.


Board Chairperson Payne referred to her memorandum with a recommendation to adopt the resolution attached to the memorandum.


Board Vice Chairperson Uemura moved adopt the resolution attached as Exhibit A to
Board Chairperson Payne’s memorandum dated February 17, 2022. Board Member Barcarse seconded.


Board Member Fallin stated that there is a gap between trust and credibility in terms of the information relating to the safety and future plans relating to the Red Hill water crisis. She requested adding language into the resolution regarding resources the Department’s has spent, including the allocation of time and efforts to ensure the health and safety of students and staff.


Board Member Barcarse expressed support for the resolution and the suggested amendment from Board Member Fallin. He shared the following from a traditional Hawaiian chant “He wai lani ko Kūlanihākoʻi ē,” which translates to “there is a heavenly water which comes down from the lake in the heavens.” Board Member Barcarse emphasized that water is a vital source for everyone and he expressed support for the resolution.


Board Member Lyla Berg encouraged the Board to amend the language to strongly urge the parties to build trust of the communities for the children. She also asked for consideration to support and endorse the statements from Governor David Ige, Board of Water Supply, Department of Health (“DOH”) and Hawaii’s congressional delegation who have requested the decommissioning of the fuel tanks. Board Member Berg also requested that the resolution clarify that the water is on Oahu and that the request would be to ensure fresh water was provided, not just the protection.


Board Member Berg noted that Hawaii’s state government asked for protection and the military is dismissing it. She also asked that the Board provide the resolution to any individual or entity whose statement the resolution supports.


Board Student Representative Kyla Musso expressed support for the resolution and noted that it is critically important for schools to receive updated communication. She commended all schools for adapting to meet the needs of students and their families. Board Student Representative Musso emphasized that having access to water is a basic necessity and that students deserve to feel safe in their place of learning.


Board Member Bruce Voss echoed comments from other Board members and stated that the Board has a kuleana (responsibility) to protect students and staff. He stated that the Board has the authority to approve federal funds as necessary to support schools to provide resources and asked whether there is anything that the Board can do immediately to help those affected at the school level.


Hayashi replied that the Office of Facilities and Operations (“OFO”) is working closely with affected schools and complex area superintendents (“CAS”) to monitor what schools need. He shared that student transportation issues have challenged schools, particularly getting students to school if the military relocated their families to Waikiki. Hayashi explained that there is a shortage of school bus drivers with the proper licensure.


Board Member Voss expressed appreciation for the Department reaching out to schools and CASs to help students and staff affected by this crisis. Hayashi emphasized that the Department will continue to communicate with principals and schools.


Board Chairperson Payne asked if the Board would like to consider having her revise the proposed resolution based on the comments shared and placing the revised resolution on the upcoming March Board meeting agenda.


Board Member Fallin asked if the Department requested reimbursement for the water costs associated with this situation. Hayashi replied that the Department submitted requests for reimbursement to the federal government. Board Member Fallin asked if the Department received any response from the federal government relating to reimbursements. Hayashi replied that as of today the Department has not heard back from the federal government and explained that Brian Hallett, Assistant Superintendent of the Office of Fiscal Services met with principals regarding seeking reimbursements from the federal government.


Board Member Fallin stated that since the Department has initiated the reimbursement request, maybe the resolution should support the Department’s request for reimbursement and the need for resources to deal with this crisis. Hayashi replied that as families return to school, the Department would work to make sure that the schools have the resources to safely welcome students on campus.


Board Member Fallin asked if the Department anticipates ongoing recurring costs to maintain health and safety. Hayashi confirmed that the Department anticipates that costs will be ongoing.


Board Member Fallin asked if this crisis caused any school facility costs. Hayashi replied that there are issues relating to water that has sat in the pipes, which affect water seals, so OFO will send officials to address plumbing issues to better support schools.


Board Member Fallin stated that the Department’s reimbursement request should include the expenditure of past, present, and future resources. Hayashi acknowledged that the Department also needs to maintain a process to ensure that the water quality is acceptable.


Board Member Arakaki expressed aloha (love) to all the families and keiki (children) who have been impacted by the situation. He expressed support for providing resources to schools to deal with the water crisis.


Board Chairperson Payne proposed that she incorporate Board member comments into a revised resolution and present it to the Board at its upcoming March 3, 2022 meeting.


Board Vice Chairperson Uemura withdrew his motion. Board Chairperson Payne asked if there was any objection to withdrawing the motion. There were no objections, and the motion was withdrawn.



Board Chairperson Payne called for public testimony on this agenda item. No one provided oral testimony at this time.


Board Member and Human Resources Committee Chairperson Barcarse stated that the Human Resources Committee recommends amending the Board’s policy positions for the 2022 Legislative Session as proposed in Exhibit A of Legislative Ad Hoc Committee Chairperson Arakaki’s memorandum dated February 17, 2022.


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


ACTION: Motion to amend the Board’s policy positions for the 2022 Legislative Session as proposed in Exhibit A of Legislative Ad Hoc Committee Chairperson Arakaki’s memorandum dated February 17, 2022 (Human Resources Committee/no second required). The motion carried unanimously with all members present voting aye.



Board Chairperson Payne called for public testimony on this agenda item. No one provided oral testimony at this time.


Board Member and Human Resources Committee Chairperson Barcarse stated that the Human Resources Committee recommends (1) indefinitely deferring approval of the Department’s Plan of Organization, updated as of June 30, 2021, with the understanding that the Board’s non-approval has no practical effect since the Department has already consulted and conferred with the applicable labor unions; and (2) directing the Department and Board staff to develop, by May 31, 2022, an annual process that ensures the Board has an opportunity to have a discussion with the superintendent and provide input on the plan of organization.


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


ACTION: Motion to (1) indefinitely defer approval of the Department’s Plan of Organization, Updated as of June 30, 2021, with the understanding that the Board’s non-approval has no practical effect since the Department has already consulted and conferred with the applicable labor unions; and (2) direct the Department and Board staff to develop, by May 31, 2022, an annual process that ensures the Board has an opportunity to have a discussion with the superintendent and provide input on the plan of organization (Human Resources Committee/no second required). The motion carried unanimously with all members present voting aye.



Board Chairperson Payne called for public testimony on this agenda item. No one provided oral testimony at this time.


Board Chairperson Payne referred to her memorandum with a recommendation to establish an investigative committee.


Board Vice Chairperson Uemura moved to (1) establish an investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) tasked with nominating individuals to serve as members on the State Public Charter School Commission for the Board to consider for appointment; and (2) designate Board Members Arakaki, Barcarse, and Namau’u to serve on the investigative committee, with Board Member Namau’u serving as chairperson. Board Member Fallin seconded.


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


ACTION: Motion to (1) establish an investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) tasked with nominating individuals to serve as members on the State Public Charter School Commission for the Board to consider for appointment; and (2) designate Board Members Arakaki, Barcarse, and Namauʻu to serve on the investigative committee, with Board Member Namauʻu serving as chairperson (Uemura/Fallin). The motion carried unanimously with all members present voting aye.

V. Discussion Items


Board Chairperson Payne called for public testimony on this agenda item.


Susan Pcola-Davis, member of the public, testified that the agenda item is not valuable because the Department will not change how it runs the schools.


Aimee Sims, member of the public, expressed concern about student masking requirements and shared that it is not benefiting students.


Osa Tui, Hawaii State Teachers Association, testified that the Department’s leadership should also follow the rules and demonstrate the mask requirements being required for school level employees and students.


Board Chairperson Payne called on Hayashi and Phyllis Unebasami, Deputy Superintendent, to present an update on student and staff positive COVID-19 case data, staff and student attendance rates, the status of school-hosted vaccination sites, the status of COVID-19 testing, Department employee and student vaccination rates, the status of Department workforce shortages, supports for students, masking requirements, and supports for school safety protocols.


Hayashi outlined that the Department remains committed to the intent of Act 4, which requires the Department to publish weekly school case counts on the Department’s website and that schools have been working diligently to keep the dashboard updated. He reported that from January 10, 2022 to February 6, 2022, the Department had 11,262 positive cases, which was an average of 482 cases daily. Hayashi noted that this reflected a decline in cases compared to last month’s report.


Hayashi outlined that average daily student attendance increased to 89% for the week of January 10, 2022 to February 4, 2022. He stated approximately 14% of staff has been absent since the first quarter and noted that staff absences are not all COVID-19 related. Hayashi expressed appreciation to teachers, school administrators, school level staff, substitute teachers, and other staff who are helping to address the needs at schools. He reported that as of the previous week the Department had 4,074 substitute teachers, which reflected an increase from previous months.


Hayashi outlined school based COVID-19 testing and reported that the Department offers two federally funded school based testing programs in partnership with the DOH called Operational Expanded Testing, and Epidemiology Identified Capacity. He shared that the Department is establishing complex area and school level positions to support COVID-19 testing and mitigation efforts, including adding registered nurses to the program supervised by the Hawaii Keiki registered nurses. Hayashi reported that between May 2021 and February 2022, the Department completed 565 public school based testing clinics while continuing discussions on a test-to-stay program.


Hayashi outlined employee and student vaccination rates and reported that 91% of salaried employees are vaccinated, however, the Department does not collect student vaccination rates at this time, except as they relate to student athletic participation. He stated that the Department continues to fund 14 nurse practitioners, 15 Hawaii Keiki nurses, and the telehealth hotline for this school year.


Hayashi reported that as of December 31, 2021, 173 individuals retired from the Department, resulting in 133 vacancies. He explained that the Department has approximately 20,000 salaried employees.


Board Member Fallin stated that attendance in the report is divided into present and absent, but that she thought the Department added another category to track COVID-19 related absences. She requested information on the types of chronic absences and the number of COVID-19 and non-COVID-19 absences. Hayashi replied that he would provide this information to the Board.


Board Member Fallin stated that this information would be helpful because it will tie back into attendance issues. Hayashi replied that the Department is working with DOH to support students and employees regarding community testing and that he would share more information at the next Board meeting.


Board Member Fallin stated that as COVID-19 cases diminish, the need for testing would decrease. She asked if the Department is relying on community providers for testing and whether the Department can adjust the length of time away from school.


Board Member Voss stated that on pages 8-9 of the memorandum, the Department provides comparison data of absences in first semester to the second semester. He noted that the data shows that in every complex that staff absences declined, which shows the incredible commitment and perseverance from the staff.


Hayashi stated that if schools must transition to distance learning, the plan has to clearly state a return date for schools based on information for the period of transition.


Board Military Liaison Colonel Angenene Robertson expressed appreciation for the Department’s efforts to support students and staff. She stated that the COVID-19 pandemic has allowed the Department to be creative with virtual learning and she shared that during her visit to three schools she was able to see the work happening in schools.

VI. Late Public Testimony on Board Agenda Items


Board Chairperson Payne called for public testimony from any individuals who did not have an opportunity to testify on earlier agenda items.


Linda Elento, member of the public, testified on agenda item III.B on the Student Achievement Committee report. She expressed concern to the Executive Office of Early Learning Board who administers the early learning grant for qualifying children on early intervention services for children.


Board Members received written testimony before the meeting. The following is a listing of the people who submitted written testimony before the meeting.


Name
Organization
Agenda Item
David MiyashiroHawaiikidsCANV.A. Presentation on COVID-19 Update for 2021-2022 school year: data on positive student and staff cases, staff and student attendance rates, status of school-hosted vaccination sites, status of COVID-19 testing, Department employee and student vaccination rates, status of Department workforce shortages, supports for students, masking requirements, supports for school safety protocols
Kayla Kawamura V.A. Presentation on COVID-19 Update for 2021-2022 school year: data on positive student and staff cases, staff and student attendance rates, status of school-hosted vaccination sites, status of COVID-19 testing, Department employee and student vaccination rates, status of Department workforce shortages, supports for students, masking requirements, supports for school safety protocols
Susan Pcola-Davis IV. A. Board Action on Board Resolution on Red Hill water contamination; & V.A. Presentation on COVID-19 Update for 2021-2022 school year: data on positive student and staff cases, staff and student attendance rates, status of school-hosted vaccination sites, status of COVID-19 testing, Department employee and student vaccination rates, status of Department workforce shortages, supports for students, masking requirements, supports for school safety protocols
Jeff Eynon V.A. Presentation on COVID-19 Update for 2021-2022 school year: data on positive student and staff cases, staff and student attendance rates, status of school-hosted vaccination sites, status of COVID-19 testing, Department employee and student vaccination rates, status of Department workforce shortages, supports for students, masking requirements, supports for school safety protocols
Lynn Otaguro V.A. Presentation on COVID-19 Update for 2021-2022 school year: data on positive student and staff cases, staff and student attendance rates, status of school-hosted vaccination sites, status of COVID-19 testing, Department employee and student vaccination rates, status of Department workforce shortages, supports for students, masking requirements, supports for school safety protocols
Logan Okita IV. A. Board Action on Board Resolution on Red Hill water contamination; & V.A. Presentation on COVID-19 Update for 2021-2022 school year: data on positive student and staff cases, staff and student attendance rates, status of school-hosted vaccination sites, status of COVID-19 testing, Department employee and student vaccination rates, status of Department workforce shortages, supports for students, masking requirements, supports for school safety protocols
Osa TuiHawaii State Teachers AssociationIV. A. Board Action on Board Resolution on Red Hill water contamination; & V.A. Presentation on COVID-19 Update for 2021-2022 school year: data on positive student and staff cases, staff and student attendance rates, status of school-hosted vaccination sites, status of COVID-19 testing, Department employee and student vaccination rates, status of Department workforce shortages, supports for students, masking requirements, supports for school safety protocols
Randy PerreiraHawaii Government Employees AssociationIV. A. Board Action on Human Resources Committee recommendation concerning Board Policy Positions for the 2022 Legislative Session: school level staff compensation

VII. Adjournment


Board Chairperson Payne adjourned the meeting at 3:31 p.m.