STATE OF HAWAII
BOARD OF EDUCATION
HUMAN RESOURCES COMMITTEE

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, February 20, 2020


PRESENT:
Dwight Takeno, Committee Chairperson
Margaret Cox
Brian De Lima, Esq.
Kili Namauʻu
Catherine Payne
Kenneth Uemura
Bruce Voss, Esq.

EXCUSED:
Kaimana Barcarse, Committee Vice Chairperson

ALSO PRESENT:
Christina Kishimoto, Superintendent
Phyllis Unebasami, Deputy Superintendent
Cynthia Covell, Assistant Superintendent, Office of Talent Management
Kerry Tom, Director, Personnel Management Branch, Office of Talent Management
Sione Thompson, Executive Director, State Public Charter School Commission
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Irina Dana, Secretary



I. Call to Order

The Human Resources Committee (“Committee”) meeting was called to order by Committee Chairperson Dwight Takeno at 9:00 a.m.


II. Public testimony on Human Resources Committee (“Committee”) agenda items

Committee Chairperson Takeno called for public testimony. There was no public testimony at this time.

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

Name
Organization
Agenda Item
Position
AnonymousPublicV.A. Committee Action on recommendation concerning appointment of the Complex Area Superintendent for the Nanakuli-Waianae Complex AreaOppose/Comment
Angela MarianoPublicIV.B. Update on work ensuring Board policies enable Board and Department to collect necessary teacher retention data and implement bold teacher recruitment and retention strategies (HR Strategic Priority 2)Comment
Linda Elento PublicIV.B. Update on work ensuring Board policies enable Board and Department to collect necessary teacher retention data and implement bold teacher recruitment and retention strategies (HR Strategic Priority 2)
V.B. Committee Action on recommendation concerning amendments to the Department of Education’s plan of organization		Comment


III. Approval of Meeting Minutes of January 16, 2020

ACTION: Motion to approve the Human Resources Committee Meeting minutes of January 16, 2020 (De Lima/Cox). The motion carried unanimously with all members present voting aye.
IV. Discussion Items Cynthia Covell, Assistant Superintendent, Office of Talent Management, reviewed the Department of Education’s (“Department”) experimental modernization project (“EMP”) to provide extra compensation to licensed, tenured teachers to address equity and compression of salaries, including a plan identifying the purposes of the project, the methodology to be used, the duration of the project, the criteria for evaluation of the project, and the cost of the project.

Covell introduced Kerry Tom, Director, Personnel Management Branch, Office of Talent Management.

Covell stated that the EMP is the second phase in the Department’s strategic plan to increase recruitment and retention. Covell reviewed the purposes of the project. She detailed that Hawaii Revised Statutes (“HRS”) Section 78-3.5 allows the Superintendent to implement a pilot project to address critical human resources issues. She stated that the EMP addresses equity and salary compression for licensed and tenured teachers. She noted that compensation affects recruitment and retention and emphasized the importance of experience. The purpose of the EMP is to address these pay and equity issues.

Covell reviewed the methodology to be used. She detailed that the Department assessed teachers and their years of teaching experience and made technical salary adjustments based on years of experience and where teachers were on the salary schedule. She noted that the adjustments would be applicable to approximately 7,599 full-time, licensed, and tenured teachers. Covell explained that the Department intends to make one-time adjustments to address compression. She detailed that compression occurs when teachers with multiple years of service are clumped together on one salary level. For example, when there is compression, a teacher who has been teaching for 23 years will receive the same salary as a teacher who has been teaching for ten years. She further explained that compression occurs when senior teachers are receiving the same salary as junior teachers. She noted that the Department’s adjustments align with annual teacher salary rates and explained that the Department used the second quarter salary schedule to make cost adjustments.

Covell reviewed the Department’s plan for the 2020-2021 school year if it were to receive funding for its EMP. She explained that the Department established a five-level classification system, identified the number of teachers under each level, and determined the cost associated with each level. She stated that the Department’s analysis resulted in it needing to make cost adjustments for 7,599 teachers to align their salaries with their years of service. The new scale would move teachers up every two years of service.

Covell reviewed the Department’s criteria for evaluation of the EMP. She stated that the evaluation would be similar to how the Department currently evaluates using indicators. The Department would review teacher vacancies at the beginning of the year. Covell stated that the 10-year Department Strategic Plan, The Power and Promise of Education (“2030 Promise Plan”) increases the Department’s goal to fill 96% of vacancies. The Department plans to continue to make efforts to recruit and retain teachers once it reaches its goal. She stated that Department also plans to review the number of new hires each school year. She highlighted that the Department expects differentials and cost adjustments will lead to an increase in the percentage of new hires. She stated that the third metric is retention. The Department has data regarding its beginning teacher retention at the five-year mark. In the previous school year the Department retained 55% of teachers. The Department plans to track this metric but also include turnover rates at the complex level. The Department expects that rates will decline. She detailed that a 10% turnover rate is considered high for school districts and noted that the Department’s turnover rate was 8.9% in the previous year. Covell stated that the projected cost for the proposed compensation technical adjustments is $45.7 million based on current calculations. She noted that this cost does not include fringe benefits.

Covell reviewed the Department’s next steps. She stated that Senate Bill (“SB”) 2488 and (“HB”) House Bill 2696 have been introduced this Legislative Session and will attempt to acquire the necessary funding for the EMP. She detailed that there are three possibilities. The first is the pay differentials, the second is compression, and the third is a combination of the two. The request is for $25 million plus $9 million for fringe benefits. She noted that this is not enough for both phases. Covell detailed that the Department’s position is that its most vulnerable students need the most attention. The Department also believes that compression issues are important and funding is necessary to address compresion. She stated that the Department would be ready to execute its plan if it is able to acquire funding.

Committee Member Bruce Voss stated that he supports the Department addressing issues of compression but noted that it is unknown whether the EMP would have positive effects on teacher recruitment and retention. He asked if the Department plans to rescind adjustments if the Legislature funds adjustments but the adjustments do not have a substantial effect on the retention of experienced teachers. Covell explained that the Department cannot rescind adjustments. She then stated that technically the Department could rescind adjustments, however, technical adjustments might become part of collective bargaining agreements if the Department was able to acquire the necessary funding. She noted that the EMP allows for a one-time adjustment per statute. The Department would need to review whether the Board of Education (“Board”) would need to take action if the Department were to consider rescinding the adjustments.

Committee Member Voss asked if the EMP was truly a pilot project. He noted that it appears as though the Department plans to implement permanent pay increases regardless of whether these increases achieve the intended effect. Covell stated that the Department believes its plans will have the desired effects. She explained that by definition the EMP is a pilot project to correct chronic issues that are not solvable by other means. She detailed statute and noted that the Department of Human Resources and Development (“DHRD”) included in its EMP that it could revert adjustments, but DHRD did not rescind adjustments after implementing its EMP. Covell stated that the Department’s EMP qualifies as a pilot project because the Department believes the EMP will increase retention and recruitment based on the results of its recent salary study. She emphasized that the Department’s pay is not competitive and the Department lags behind other districts in terms of salary. Committee Member Voss commented that he supports the EMP but $45 million per year in addition to inflation is a lot of money especially if the EMP does not have the intended effect. He requested that the Department reviews ways in which to evaluate effects and negotiate adjustments if the EMP does not produce the desired results.

Committee Member Kenneth Uemura commented that the Department’s January 16, 2020 memorandum to Board Chairperson Catherine Payne presented the Department’s intent to conduct an EMP under HRS Section 78-3.5. The Department’s memorandum stated that perceptions of compensation inequity may surface among those teachers not receiving any adjustments since adjustments will not impact all teachers. He stated that the Department’s EMP does not address underpaid teachers and only addresses teachers who fall under compression groups. He detailed that the Department’s plan, as presented, reaches 56% or 7,599 teachers, which means that 44% or 5,854 teachers will not see a one-time technical salary adjustment. Committee Member Uemura asked how the Department is addressing inequity.

Covell explained that the Department is envisioning a third phase as well. The first phase provides certain teachers with differentials and the second phase addresses compression. She explained that these two phases do not apply to teachers across the board. She stated that the Department reviewed testimony on the two legislative bills requesting funding and highlighted that over 3,000 teachers are in support of the Department’s plan. She noted that the Hawaii State Teachers Association (“HSTA”) are better equipped to answer questions than the Department and further highlighted that HSTA is in support of both phases. Covell noted that the Department has strong support from the teacher community.

Committee Member Uemura asked if the third phase would address low teacher salaries. Covell stated that the Department is currently working on its plans for the third phase. She noted that another area of difficulty in recruitment is that current collective bargaining agreements only allow new hires six years of experience on the salary schedule. This is a detriment for teachers who have experience in excess of six years. She stated that the Department plans to address these issues under the third phase of its plan.

Committee Member Uemura asked about overlap between the first and second phases. Covell confirmed that there might be overlap. Committee Member Uemura asked about the 44% of teachers who would not receive any salary adjustments. Covell stated that these teachers do not currently fall under the compression category. Committee Member Uemura commented that these teachers fall under the category in which they are paid less than their mainland counterparts based on the Department’s recent salary study. Covell stated that the Department would need to review its data and provide it to the Committee at a later time. She stated that the Department pays new hires more than some districts but pays senior teachers less than other districts. She noted that the Department falls behind when cost of living is taken into account. Committee Member Uemura emphasized the importance of the Department answering questions and addressing issues regarding 44% of its teachers not receiving increases and lagging behind mainland counterparts. He emphasized the importance of further data and noted that some teachers might be receiving higher salaries than mainland counterparts. Covell confirmed that the Department could conduct another study and produce further data.

Committee Member Uemura emphasized the importance of the Department reviewing data and taking beneficial next steps as it works on the third phase of its compensation plan. Christina Kishimoto, Superintendent, noted that the third phase might fall under collective bargaining and is preparing the Department for collective bargaining. She noted that questions of holistically shifting pay for all teachers so that pay is competitive fall under collective bargaining. She stated that these issues and collective bargaining agreements are likely to be part of the third phase and would occur in June.

Committee Member Uemura asked if the Department feels as if it will accomplish its retention and recruitment goals with only 56% of teachers receiving the one-time technical salary adjustment. Covell confirmed that the Department believes its plan will have its desired effect.

Committee Member Uemura commented that the Department’s extra compensation and EMP plans are targeting the same groups of teachers in some cases. Covell confirmed that this is correct.

Committee Member Uemura stated that the one-time adjustment for the 2020-2021 fiscal year is approximated to be $46 million, which is in addition to the $31 million for the extra compensation funding. This totals $77 million. He noted that the Department referenced SB 2488 and HB 2696 as funding sources which would total $25 million if approved. He emphasized that it is important to note that the one-time salary adjustment would be added to the base salary amounts that need to be funded moving forward. The total amount of funds needed is $77 million. Covell confirmed that the Department would need additional funding if it were to execute the EMP. Committee Member Uemura asked if the Department would fund the increases if the Legislature does not approve additional funding. Covell stated that part of the bills reference working with HSTA to determine whether to implement a combination of either phases or a single phase. She stated the Department cannot fund both phases without additional money from the Legislature. Committee Member Uemura emphasized the importance of noting that the Department will not implement the EMP during the 2020-2021 school year if it does not receive the necessary funding from the Legislature.

Committee Member Payne clarified the differences between collective bargaining and the EMP. She noted that beginning teachers’ salaries are subject to collective bargaining. Committee Member Payne emphasized the importance of understanding the distinction between the EMP and collective bargaining and not merging the two.

Committee Member Brian De Lima asked about the chief executive of the pilot project. Covell explained that the Superintendent has the authority to approve the EMP. Committee Member De Lima asked if funding is part of the Governor’s package or separate legislation. Covell stated that the Governor’s budget request includes funding for differentials. Committee Member De Lima commented that funding for the EMP is in addition to requests for funding for differentials. Covell confirmed that this is correct. Committee Member De Lima commented that the Department would not implement the EMP unless the Legislature passed legislation requesting funds. Covell confirmed that this is correct and stated that the Department is not able to fund the EMP within its current budget.

Committee Chairperson Takeno reviewed an update on the working group tasked with examining whether Board policies enable the Board and Department to collect necessary teacher retention data and implement bold teacher recruitment and retention strategies.

Committee Chairperson Takeno stated that at the Committee’s September 18, 2019 meeting, he updated the Committee on the individuals whom he identified and selected to serve on the working group. So far, the working group has met twice, once on November 1, 2019 and again on January 31, 2020. Under the original timeline, the working group would present a report to the Committee and the Committee would approve all draft changes from the working group’s comprehensive report for public comment by April 16, 2020. After a public comment period, the Committee would recommend effective policy changes that sufficiently considered public comments for Board approval by May 21, 2020.

Committee Chairperson Takeno stated that the working group needs more time to develop its report, so he is modifying the timeline to change the date the working group’s report will be submitted to the Committee to May 21, 2020, and also the date the Committee will recommend effective policy changes to the Board to June 18, 2020.


V. Recommendation for Action

Phyllis Unebasami, Deputy Superintendent, introduced Sione Thompson, Executive Director, State Public Charter School Commission (“Commission”). She stated that the Department is recommending that the Committee approve the appointment of Thompson to Complex Area Superintendent (“CAS”) for the Nanakuli-Waianae Complex Area.

Unebasami detailed that Ann Mahi, CAS, Nanakuli-Waianae Complex Area, notified the Department of her intention to retire a year ago. She stated that Mahi has served in her position for more than a decade and has done significant work for the schools under her leadership. She noted that the Department was interested in ensuring a smooth transition to ensure that the transition did not disrupt operations or work schools are engaged in. She highlighted that the Department reviewed ways in which to strategically transition to a new leader. In order to ensure smooth transitions, the Department identified a new leader earlier in the process that could work with Mahi during the transition period. This ensures that the new leader understands the school community, needs, and conditions of success. Unebasami stated that the complex area is unique. She emphasized the importance of the Department coaching a new leader to find his or her own voice, build credibility, and build influence in the community and schools to support student learning.

Unebasami stated that the Department spoke with principals, met with complex area leaders, and created a profile of what the complex area would need in a new leader. The Department used this profile to drive interview questions. She highlighted that the Department’s screening committee recommended Thompson as the new leader for the complex area. She detailed that the Department reviewed its job description, Thompson’s resume, and conducted an analysis using his interview responses. As a result, the Department found that Thompson is the right fit for the position.

Thompson expressed appreciation for the Department’s process and engagement of communities. He stated that he understands the needs of the community and the needs of vulnerable community members. He stated that this understanding is important for moving forward and stated that he is committed to Kishimoto, the Board, public education, and students.

Committee Member Voss moved to approve the appointment of Sione Thompson as CAS for the Nanakuli-Waianae Complex Area. Committee Member Margaret Cox seconded.

Committee Member Payne stated that she worked with Thompson in the past when she served on the Commission. She noted that he faced many obstacles in his previous position and overcame these obstacles with grace, kindness, and aloha.

Committee Member De Lima commented that he is disappointed Thompson is transitioning to the role of CAS because charter schools benefited from his leadership. He expressed concern over the challenges charter schools face. He stated that the Commission needs a leader with empathy and Thompson showed empathy as he overcame challenges and helped schools to understand issues regarding resource development. He emphasized that the Department recognizes Thompson’s talent. Committee Member De Lima commented that in this new position, Thompson would work more closely with schools and have a direct impact. He stated that the complex area has many difficulties and stated that Thompson would need to review data and work with principals. He asked if Thompson reviewed the Department’s 2030 Promise Plan.

Thompson confirmed that he reviewed the Department’s 2030 Promise Plan. He stated that the five promises provide schools and complex areas with pathways and frameworks. Schools and complex areas have the opportunity to review data and understand the complexities of each community. He noted that he reviewed data for the complex area. Thompson stated that the 2030 Promise Plan helps schools to understand student success through various indicators. The flexibility it provides helps schools to move in the right direction. He emphasized the importance of recognizing bright spots and reviewing student success in a number of different ways. He stated that he would continue to review challenges and barriers to ensure the complex area meets graduation rates, literacy rates, and other targets.

Committee Member De Lima agreed with accentuating the positives and recognizing successes. He stated that principals need to convey successes and encourage students to continue work hard. He stated that the 2030 Promise Plan does not prescribe specific methodology for schools to employ. Committee Member De Lima commented that leaders need to recognize shortcomings in addition to successes in order to engage students, families, and communities to make progress. He emphasized the importance of helping students who struggle to make progress. Committee Member De Lima stated that he supports the appointment of Thompson and believes that Thompson will be supportive of the complex area, schools, and students.

Committee Member Kili Namauʻu commended the Department on its search and hiring process. She stated that the process is comprehensive and engages communities. She stated that she is looking forward to Thompson’s leadership based on his work with charter schools. Committee Member Namauʻu expressed concern regarding the lack of support for specific communities within the complex area and stated that she hoped Thompson has opportunities to grow Hawaiian language immersion programs and engage students and families. She noted that programs have not had support over the years and asked Thompson to focus on these populations and programs.

Committee Members Uemura and Cox voiced support for Thompson’s nomination. Committee Member Uemura commended the Department for including Thompson’s resume, the job description, and analysis in its meeting materials. He asked the Department to continue including this information for future appointments.

Committee Member Voss commented that the complex area has significant challenges in terms of teacher retention, school repair and maintenance, test scores, and graduation rates. He stated that Thompson’s work at the Commission included instilling hope in charter schools, building momentum, and creating a strategic plan. He asked what lessons Thompson learned during his time at the Commission that he plans to apply to his role as CAS. Thompson emphasized the importance of reviewing challenges and barriers and maintaining a positive mindset while moving forward. He detailed setting a vision and building a positive mindset. He noted that he recently attended a presentation from the complex area and reviewed feedback from students. He highlighted that student feedback resonated with him and emphasized the importance of changing students’ perceptions.

Committee Chairperson Takeno echoed similar sentiments regarding Thompson’s departure from the Commission and his ability to lead as CAS.

ACTION: Motion to approve the appointment of Sione Thompson as Complex Area Superintendent for the Nanakuli-Waianae Complex Area (Voss/Cox). The motion carried unanimously with all members present voting aye.

Covell reviewed the Department’s recommendation concerning amendments to the Department’s plan of organization. She stated that the Department recommends approval of the name change of the Office of School Facilities and Support Services (“OSFSS”) to the Office of Facilities and Operations (“OFO”). Covell highlighted that the renaming of OSFSS to OFO provides improved clarity to the mission of the office and a meaningful shift to a focus on creating a comprehensive means of delivering 21st century facility services to school campuses. The name change also prevents confusion between “Student Support Services” in in the Office of Student Support Services and the “Support Services” in the OSFSS name. Removing “Support Services” from OSFSS will remedy the issue. She stated that the Department’s request for approval is in accordance with Board Policy 500-2, Plan of Organization. She stated that approval would allow the Department to publish its new organizational chart, help prepare the Department to recruit for vacancies, and help the Department plan for potential future reorganizations within the office.

Committee Member De Lima moved to approve amendments to the Department’s plan of organization to change the name of the Office of School Facilities and Support Services (“OSFSS”) to the Office of School Facilities and Operations (“OFO”) in accordance with Board Policy 500-2, Plan of Organization, as described in the Department’s memorandum dated February 20, 2020. Committee Member Uemura seconded.

Committee Member Voss commented on possible future reorganizations. He stated that one of the Department’s challenges in staffing is recruiting qualified individuals. He noted that this challenge might remain regardless of name changes. He asked about the Department’s plans to address its staffing challenges beyond office name changes. Covell stated that the Department is reviewing chronic vacancies, re-describing positions, and regrouping positions. The Department would need to consult and confer any proposed changes but is currently reviewing which positions are vacant, which positions are important to immediately fill, and how the Department might be able to fill positions by re-describing some of these positions.

Committee Member De Lima asked if staff would need to change email addresses as a result of the name change or stationary. Covell stated that staff members’ email addresses would remain the same. She stated that the Department has been updating stationary and other items over a period of time.

ACTION: Motion to approve amendments to the Department’s plan of organization to change the name of the Office of School Facilities and Support Services (“OSFSS”) to the Office of Facilities and Operations (“OFO”) in accordance with Board Policy 500-2, Plan of Organization, as described in the Department’s memorandum dated February 20, 2020 (De Lima/Uemura). The motion carried unanimously with all members present voting aye.

Committee Chairperson Takeno reviewed a draft report on ensuring Board policies support the recommendations of the Special Education and English Learners’ 2018 Summative Reports. He detailed that at its August 1, 2019 meeting, the Committee adopted a work plan and timeline to achieve the aforementioned priority where the Department provides advice and information as necessary. Under this work plan, the Committee tasked Committee members with reviewing Board policies, determining how existing policies support or do not support the recommendations of the Task Forces, and recommending new or amended policies to better support taskforce recommendations. The Committee also adopted a timeline. Because no Committee member provided recommended changes to Board policies, the steps described for November 21, 2019 and January 16, 2020 in Committee Chairperson Takeno’s memorandum were not deemed necessary.

Committee Chairperson Takeno stated that the draft report from the Committee is attached as Exhibit A to his memorandum. He drafted this report based on Department recommendations and Committee member review of the policies. If the Committee approves, Board staff will send copies of the report to the Special Education and English Learner Task Forces and ask them to provide any comments to Board staff no later than March 23, 2020. These comments will be provided to Committee Chairperson Takeno and he will propose revisions to the report, if necessary.

Committee Chairperson Takeno recommended that the Committee adopt the report attached as Exhibit A and direct Board staff to provide it to the members of the 2018 Special Education and English Learner Task Forces for review and comment.

Committee Member De Lima moved to: 1) Adopt the report attached as Exhibit A in Committee Chairperson Dwight Takeno’s memorandum dated February 20, 2020; and 2) Direct Board staff to provide the report to members of the 2018 Special Education and English Learner Task Forces for review and comment. Committee Member Uemura seconded.

ACTION: Motion to: 1) Adopt the report attached as Exhibit A in Committee Chairperson Takeno’s memorandum dated February 20, 2020; and 2) Direct Board staff to provide the report to members of the 2018 Special Education and English Learner Task Forces for review and comment (De Lima/Uemura). The motion carried unanimously with all members present voting aye.

Covell stated that the Department is requesting authorization to commence a reduction in force (“RIF”) for classified employees so that the Department may initiate the collectively bargained reassignment and bumping rights processes for affected employees. She stated that the RIF might affect 45 employees based on input from principals as a result of their school plans. She noted that the number of affected employees has decreased to 43 and might continue to decrease as candidates find other placements. She detailed that 24 of the 43 employees are cafeteria helpers spread across different cafeterias across the state. Covell explained that the School Food Services Branch uses a formula for meal counts and audited meal counts and necessary support. As a result, 24 individuals do not align with the formula criteria. She stated that the Department believes that it will place most of these employees, if not all, in different schools. Covell detailed that 11 of the 43 affected employees are educational assistants and nine are special education educational assistants. She detailed that the Department convened a special education allocation working group and moved special education resource teams to schools. The Department was able to review educational assistants, special education teacher populations, and move funding based on priority needs. She noted that nine of the special education educational assistants are in excess at their schools. The Department plans to place these individuals in other special education educational assistant vacancies. She detailed that other affected employees include miscellaneous employees, such as office clerks, who will qualify for office assistant positions. She stated that the Department would need to notify affected employees 90 days prior and begin placing functions.

Committee Member Uemura moved to authorize the Department to commence a RIF for classified employees for the purpose of initiating collectively bargained reassignment and bumping rights for affected employees, as described in the Department’s memorandum dated February 20, 2020. Committee Member De Lima seconded.

Committee Member Cox commented that principals have expressed concern regarding the change in special education allocations. She stated that the Board and Department are encouraging inclusion but schools are having difficulties implementing inclusive practices because of the lack of special education funds. She stated that the Department might have allocated more funding to some schools and asked if the Department is reallocating funds to schools that did not receive as much funding. She stated that she wants to understand why the RIF affects educational assistants when schools need to continue to implement inclusive practices. She noted that she understands the purpose of RIFs but does not understand why these particular employees are affected. Covell explained that the allocation formula is based on student population. The RIF is based on need. She detailed that nine out of 2,000 special education educational assistants are affected by the RIF. The Department determines RIFs based on the needs of principals. Covell detailed that schools are able to repurpose allocated funds within special education. Schools have the flexibility to exchange educational assistants for special education teachers. She noted that complex areas hold back a percentage of the allocation to address issues in schools and are currently working to address issues.

Committee Member Cox reiterated that many principals have expressed concerns and noted that these concerns are in regards to a lack of special education funds and difficulties implementing inclusive practices as a result. Kishimoto explained that the number of educational assistants do not equate to inclusive practices. She highlighted that the 2030 Promise Plan provides schools with the Department’s expectations regarding inclusive practices. Inclusive practices include reviewing co-teaching models. She stated that some schools are ready to adopt inclusive practices while others are continuing to review ways to implement inclusive practices. She detailed that state-level special education teams are rolling out models and helping schools to move from current practices to new practices if current practices are not leading to positive outcomes. She stated that principals have more flexibility to staff around new models.

Committee Member Cox stated that she supports co-teaching but co-teaching requires additional funds because teachers need additional planning time. Oftentimes schools use educational assistants to implement co-teaching if schools do not have the necessary funds to retain special education teachers. She stated that the Department should review its entire process and review whether it should offer special education educational assistants additional training. She stated that she would like the Department to ensure that complex areas understand that special education allocations are for schools.

Committee Member Uemura asked about the percentage of affected employees the Department placed in other positions in the last five years. Covell stated that the Department reviewed RIFs over the last five years and was able to place 100% of its affected employees in other positions. She noted that there are many vacancies within special education and most likely the Department would be able to place educational assistants in some of these vacancies. She highlighted that the Department attempts to keep affected employees in the same geographic area when it moves them to different positions.

Committee Member De Lima expressed concern that historically, the Department provided Committee members with additional information regarding RIFs, including information regarding which schools and positions would be affected. He stated that he would like to review this information prior to the Board’s general business meeting.

Committee Member De Lima commented that he is confident that schools employed a process to determine that these schools did not need educational assistants. He stated that schools create academic and financial plans and analyze which positions schools need and which ones are in excess. He emphasized the importance of CASs meeting with teachers and principals and engaging in discussions regarding placing educational assistants elsewhere. He stated that educational assistants assist students and understand students’ special needs. Moving educational assistants prior to a student transitioning or graduating might result in unintended consequences. He stated that he would like assurances that these kinds of discussions are ongoing and these RIFs are not negatively affecting students.

Covell stated that the Department would provide Committee members with additional information prior to the Board’s general business meeting. She stated that in the past the Department provided this information during the Committee’s executive session. Covell stated that CASs and principals engage in discussions and review changes in student population to determine necessary RIFs. She stated that the Department ensures that it understands schools’ needs, requests, and next steps.

Committee Chairperson Takeno requested that the Department share the outcome of the RIF at a future Committee meeting. He stated that he would like to know whether the RIF affected 45 employees, more than 45 employees, or less than 45 employees. He would also like to know whether the Department placed these employees in other positions or released them. Tom stated that the Department could share this information with the Committee in early July. Covell confirmed that the Department could provide the Committee with an update on the outcome.

ACTION: Motion to authorize the Department to commence a RIF for classified employees for the purpose of initiating collectively bargained reassignment and bumping rights for affected employees, as described in the Department’s memorandum dated February 20, 2020 (Uemura/De Lima). The motion carried unanimously with all members present voting aye.

Committee Member Payne reviewed a recommendation concerning Board Policy positions for the 2020 Legislative Session, including Superintendent evaluation and compensation.

Committee Member Payne stated that HB 1996, House Draft 2 (“HB 1996”) relates to the evaluation and compensation for the Superintendent. The Board may want to authorize its Legislative Ad Hoc Committee to take positions on this matter. HB 1996 proposes to require the Board to include evaluation of the most current strategic plan indicators as a component of the Superintendent’s annual performance evaluation and require improvements in at least one-half of those indicators for any salary increase for the Superintendent.

Committee Member Payne stated that the Legislative Ad Hoc Committee recommends that the Board approve the recommendation in her memorandum to amend the Board’s policy positions to oppose proposed legislation that restricts the Board’s ability to effectively manage and oversee the Superintendent by reducing the Board’s discretion in how it evaluates and compensates the Superintendent. She detailed that this legislation removes the Board’s responsibility and ability to make these determinations in its supervisory role. She stated that the Legislative Ad Hoc Committee did not anticipate this legislation but the amendment is necessary in order for the Legislative Ad Hoc Committee to testify on this legislation.

Committee Member Cox moved to approve the amendments described in Legislative Ad Hoc Committee Chairperson Payne’s memorandum dated February 20, 2020 to the Board’s policy positions it adopted at its September 19, 2020 general business meeting for the 2020 Legislative Session. Committee Member Uemura seconded.

Committee Member Voss stated that the Legislature had good intentions with this legislation. He noted that the Department’s progress on strategic plan indicators should be part of the Board’s discussion during its evaluation of the Superintendent. However, the recommended policy position is in regards to roles. He stated that it is not the Legislature’s role to dictate specific metrics by which the Board is to determine the Superintendent’s evaluation and salary. He stated that it is the Board’s role to determine evaluations and salary increase.

Committee Member De Lima agreed with Committee Member Voss. He stated that he believes that this legislation is unconstitutional and stated that he is in support of Committee Member Payne’s recommendation.

ACTION: Motion to approve the amendments described in Legislative Ad Hoc Committee Chairperson Payne’s memorandum dated February 20, 2020 to the Board’s policy positions it adopted at its September 19, 2020 general business meeting for the 2020 Legislative Session (Cox/Uemura). The motion carried unanimously with all members present voting aye.


VI. Adjournment

Committee Chairperson Takeno adjourned the meeting at 10:14 a.m.