STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Thursday, April 2, 2020
Virtual Meeting*
*The Board did not meet at a physical location. Due to the threat of the COVID-19 pandemic, Governor David Ige issued a Supplementary Proclamation on March 16, 2020, suspending Chapter 92, Hawaii Revised Statutes (“HRS”), entitled “Public Agency Meetings and Records,” to enable public boards to conduct business without holding meetings open to the public while considering reasonable measures to allow public participation consistent with social distancing practices.

PRESENT:
Catherine Payne, Chairperson
Brian De Lima, Esq., Vice Chairperson
Kaimana Barcarse
Margaret Cox
Nolan Kawano
Kili Namauʻu
Dwight Takeno
Kenneth Uemura
Bruce Voss, Esq.
Captain Lyn Yatko (military representative)
Daniella White (student representative)

EXCUSED:
None

ALSO PRESENT:
Christina Kishimoto, Superintendent
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Irina Dana, Secretary


I. Call to Order Board Chairperson Payne stated that the Board would be holding virtual meetings until further notice. She noted that the public could still call in or log on to listen to Board meetings live. She stated that the live broadcast is audio only for both Board members and the public. She noted that nothing would be shown on the screen to reduce the amount of bandwidth that the meeting takes up and to preserve the quality of the audio.

The Board General Business Meeting was called to order by Board Chairperson Catherine Payne at 1:34 p.m.


II. Public Testimony on Board of Education (“Board”) Agenda Items
Note: The Board accepted only written testimony for this meeting.

Board Chairperson Payne stated that the Board is not accepting any oral testimony at this time but encourages members of the public to submit written testimony to the Board’s testimony email address. She noted that the Board considers written testimony in its actions and deliberations.

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.

Name
Organization
Agenda Item
Position
Curt MuraokaKonawaena High SchoolV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Support/Comment
Susan Pcola-DavisPublicV.A. Board Action on Department of Education waiver request to cancel federally required statewide standardized assessments for the 2019-2020 School Year, including Smarter Balanced Assessments ("SBA") for English Language Arts/Literacy and mathematics, Hawaii State Science Assessments and Biology 1 end of course exams; Hawaii State Alternate Assessments; and the Kaiapuni Assessment Educational Outcomes (KĀʻEO)
V.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020
VI.A. Presentation on March 19, 2020 letter of commitment regarding COVID-19 preparation and response from Department Superintendent Christina Kishimoto to Hawaii State Teachers Association Executive Director Wilbert Holck		Support/Comment
Ron WhitmorePublicV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Support
Sandy MaCommon Cause HawaiiIII. Board Action on temporary rules of operation to conduct virtual board meetingsComment
Corey RosenleeHawaii State Teachers AssociationVI.A. Presentation on March 19, 2020 letter of commitment regarding COVID-19 preparation and response from Department Superintendent Christina Kishimoto to Hawaii State Teachers Association Executive Director Wilbert HolckSupport
Class of 2020 StudentMoanalua High SchoolV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Comment
Ted H.S. HongPublicV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Comment
Darcy WakayamaCastle High SchoolV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Oppose
Cade TaniyamaKonawaena High SchoolV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Comment
Terry George; Alex HarrisHarold K.L. Castle FoundationV.A. Board Action on Department of Education waiver request to cancel federally required statewide standardized assessments for the 2019-2020 School Year, including Smarter Balanced Assessments ("SBA") for English Language Arts/Literacy and mathematics, Hawaii State Science Assessments and Biology 1 end of course exams; Hawaii State Alternate Assessments; and the Kaiapuni Assessment Educational Outcomes (KĀʻEO)
V.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 		Comment
Katrina SouzaPublicV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Oppose
Ingrid VasilescuPublicV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Support
Roberta YamamotoCastle High SchoolV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Oppose
David Miyashiro; Cheri Nakamura; Lillian Coltin; Rae Shih; Pila Wilson; Aisha Heredia; Makana and Kekoa McClellan; Mary Ellen Silva; Teresa and Roger Shook; Josh Reppun; Alvin Sato; Deborah Zysman; Jessica Yamauchi; Dayevin Bunao; Leilani Kahoano; Lauren Ballesteros-Watanabe; Sherry Menor-McNamara; Karen Worthington; Emi Eno Orikasa; Jenna Tuss; Brooke HolderbaumHawaiiKidsCAN; American Civil Liberties Union of Hawaii; Palisades Elementary School; public; @MLTSinHawaii; Hawaii Children’s Action Network; Hawaii Public Health Institute; Caring for Hawaii Neonates; Sierra Club Oʻahu Group; Chamber of Commerce Hawaii; King Kekaulike High School; Hui No Ke Ola PonoVI.A. Presentation on March 19, 2020 letter of commitment regarding COVID-19 preparation and response from Department Superintendent Christina Kishimoto to Hawaii State Teachers Association Executive Director Wilbert HolckComment
Elizabeth Pa NakeaPa Nakea Law Group; Castle High SchoolV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Oppose/Comment
Kathy SurPublicV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Comment
Martha Guinan; Ivalee SinclairSpecial Education Advisory CouncilV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Comment
Lauren PokipalaPublicV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Oppose
Gail KumakuraCastle High SchoolV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Oppose
Jennifer MakaiwiCastle High SchoolV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Oppose
Deborah Bond-UpsonParents for Public Schools of Hawaiʻi VI.A. Presentation on March 19, 2020 letter of commitment regarding COVID-19 preparation and response from Department Superintendent Christina Kishimoto to Hawaii State Teachers Association Executive Director Wilbert HolckComment
Deborah L. KobayakawaPublicV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Oppose/Comment
Peer BlichfeldtPublicV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Comment
The Hawaiʻi Association of School PsychologistsThe Hawaiʻi Association of School PsychologistsN/AComment
William O R StephensonKaʻu High & Pahala Elementary SchoolV.B. Board Action on Department request for waiver of Board Policy 102-15 High School Graduation Requirements and Commencement for School Year 2019-2020 Oppose


III. Board Action on temporary rules of operation to conduct virtual board meetings

Board Chairperson Payne reviewed the Board’s temporary rules of operation to conduct virtual Board meetings. Board Chairperson Payne noted that the Board received written testimony on this agenda item, which was publicly posted on the Board’s website.

Board Chairperson Payne stated that Governor Ige suspended Chapter 92, HRS, which includes Sunshine Law, as a part of Hawaii’s COVID-19 response. She stated that the Board should consider adopting temporary rules of operation establishing basic ground rules to allow the Board to conduct virtual Board meetings in an orderly fashion. Board Chairperson Payne stated that the proposed rules of operation balance the need to conduct business under the current pandemic conditions with the Board’s desire to continue to provide transparency and access to the public.

Board Chairperson Payne stated that the Board would meet primarily through interactive conference technology during this time and avoid face-to-face interactions as much as possible. Consequently, the public would not be able to gather and attend Board meetings in a physical meeting location. She noted that the Board would still provide transparency and access to the public to the extent possible under the proposed temporary rules of operation by providing written notice of meetings, continuing to live stream and record the audio of meetings, allowing written testimony on any matters on the agenda, and continuing to publish minutes of meetings. She stated that the Board would not accept oral testimony during virtual meetings because of the logistical and technological challenges it presents.
Board Chairperson Payne noted that the Board oversees one of the largest state departments in terms of both budget and personnel and sets policies that affect thousands of families across the state. Thus, the public has a higher degree of interest in the activities of this board than most other state boards and commissions. She stated that the Board tends to have more people attending its meetings than most boards, which increases the difficulty and complexity of accepting oral testimony.

Board Chairperson Payne stated that under the proposed temporary rules, Board members attending a virtual meeting count for quorum purposes and vote in the same way they do in in-person meetings. The Board would recess its meetings if too many Board members lose audio connection and subsequently the Board loses its quorum. The proposed temporary rules would supersede the Board’s by-laws to the extent necessary to ensure the Board can conduct meetings and operations in a manner consistent with the various recommendations and guidelines issues by the U.S. Centers for Disease Control and Prevention, Governor, mayors, and others.

Board Chairperson Payne noted that the proposed temporary rules do not provide details on how virtual meetings would work. Board members, the Department of Education (“Department”) and agency staff, and the public may need additional information to understand how to participate, which is why the rules of operation require the Board Chairperson to establish protocols and procedures to establish the necessary details.

Board Chairperson Payne emphasized the temporary nature of these rules of operation. She noted that the rules of operation would only be in effect as long as the Governor deems the suspension of Sunshine Law necessary for boards to conduct business safely.

Board Chairperson Payne recommended that the Board, through approval by at least two-thirds of its members, adopt the rules of operation proposed in her submittal. She noted that while not necessarily required, she recommends approval by at least two-thirds of Board members because any amendments to the Board’s by-laws require approval from at least that many Board members, and the rules of operation supersede the by-laws.

Board Vice Chairperson Brian De Lima moved to adopt the temporary rules of operation, attached as Exhibit A to Board Chairperson Payne’s memorandum dated April 2, 2020. Board Member Kaimana Barcarse seconded.

Board Member Bruce Voss stated that he would like to propose two amendments to the temporary rules of operation to address concerns raised by the public. He stated that his first proposed amendment addresses the Civil Beat Law Center for the Public Interest’s letter to the Governor, which asks the Governor to “[d]iscourage boards from meeting unless necessary to comply with a law or in furtherance of emergency activities, [as] boards should not add to the communal stress on resources by holding unnecessary meetings.” Board Member Voss stated that this is a valid point, particularly given the limitations on public participation. He proposed that the Board add an additional rule to its rules of operations that states, “The Board and its standing committees shall meet only to conduct essential business to avoid adding communal stress on resources.” He stated that the Board Chairperson should maintain the authority to define “essential activities” in a manner substantially similar to what Civil Beat Law Center for the Public Interest’s letter suggest to comply with laws or emergency actions.

Board Member Voss stated that his second proposed amendment addresses concerns Board Chairperson Payne raised in her discussion, particularly by Common Cause Hawaii, regarding the temporary rules of operation prohibiting live testimony. He stated that Board staff have worked diligently to investigate the potential of testimony software, but technological limitations did not permit live public testimony for the Board’s first virtual meeting. He stated that Board staff would review other options, platforms, and call-in numbers to determine whether some form of public live testimony would be technologically feasible at the Board’s next virtual meeting, if one were required. He proposed to amend the last sentence of the seventh rule to read, “The Board and its standing committees shall prohibit any oral testimony in its meetings to prevent technological or other disruptions, until the Board Chairperson determines a technically feasible manner to permit oral testimony and enable the Board to conduct its essential business.” He stated that such an amendment would permit the Board to allow oral testimony in future virtual meetings if it determined it was technologically feasible.

Board Member Voss moved to amend the main motion by amending the temporary rules of operation by: (1) Adding a rule that states, “The Board and its standing committees shall meet only to conduct essential business to avoid adding communal stress on resources. The Board Chairperson may define criteria for determining essential business;” and (2) Amending the last sentence of the sixth rule to read, “The Board and its standing committees shall prohibit any oral testimony in its meetings to prevent technological or other disruptions until the Board Chairperson determines a technically feasible manner to permit oral testimony and enable the Board to conduct its essential business.” Board Vice Chairperson De Lima seconded.

Board Chairperson Payne called for a roll call vote on Board Member Voss’s amendments. The secondary motion carried unanimously with all members present (Board Vice Chairperson De Lima, Board Members Barcarse, Cox, Kawano, Namauʻu, Takeno, Uemura, and Voss) voting aye.

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

ACTION: Motion to adopt the temporary rules of operation, attached as Exhibit A to Board Chairperson Payne’s memorandum dated April 2, 2020, with amendments to: (1) Add a rule that states, “The Board and its standing committees shall meet only to conduct essential business to avoid adding communal stress on resources. The Board Chairperson may define criteria for determining essential business;” and (2) Amend the last sentence of the sixth rule to read, “The Board and its standing committees shall prohibit any oral testimony in its meetings to prevent technological or other disruptions until the Board Chairperson determines a technically feasible manner to permit oral testimony and enable the Board to conduct its essential business” (Voss/De Lima). The motion carried unanimously with all members present voting aye.


IV. Approval of Meeting Minutes of February 20, 2020

Board Chairperson Payne asked Board members to review the minutes of the February 20, 2020 General Business Meeting.

Board Vice Chairperson De Lima moved to approve the General Business Meeting minutes of February 20, 2020. Board Member Dwight Takeno seconded.

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

ACTION: Motion to approve the General Business Meeting minutes of February 20, 2020 (De Lima/Takeno). The motion carried unanimously with all members present voting aye.


V. Action Items
Christina Kishimoto, Superintendent, reviewed the Department’s waiver request to cancel federally required statewide standardized assessments for the 2019-2020 school year, including the SBA for English Language Arts/Literacy and Mathematics, Hawaii State Science Assessments and Biology 1 end-of-course exams, Hawaii State Alternate Assessments, and the KĀʻEO.

Kishimoto stated that the Department’s waiver request to cancel federally required statewide standardized assessments for the 2019-2020 school year are in light of the ongoing health pandemic. She noted that Department employees have been teleworking since March 19, 2020, and having virtual planning and meetings throughout this period. She emphasized that any item the Department presents through the end of the academic year is a joint presentation representing all Department and charter schools. She highlighted that the Department has coordinated its efforts with the State Public Charter School Commission (“Commission”) and further highlighted the Commission’s coordinated efforts with charter school principals. She noted that the Department is presenting its recommendations in a unanimous manner.

Kishimoto detailed that the U.S. Department of Education offered states a waiver of the requirements of the Every Student Succeeds Act (“ESSA”) standardized testing due to COVID-19 on March 20, 2020. She highlighted that the Department submitted its request to waive standardized testing, associated accountability, school identification, and reporting requirements for the health and safety of students, faculty, and staff. She noted that the U.S. Department of Education acknowledged the waiver request on the same day that the Department submitted its request and granted the Department permission to proceed with implementation of the waiver.

Kishimoto reviewed details of the expedited waiver. She explained that the expedited waiver lifts assessment requirements for SBA for English language arts and math, science assessments, alternate assessments, and KĀʻEO. Second, the expedited waiver alters timelines for accountability and school identification requirements. She noted that this is in regards to timelines for identifying Comprehensive Support and Improvement (“CSI”) and Targeted Support and Improvement (“TSI”) designations. Third, the expedited waiver allows for ESSA report card provisions. She detailed that the Department would need to work over the next few weeks to determine the implications of how it collects and reports data.

Kishimoto reviewed the implications of the expedited waiver. She detailed that standardized assessment data would be exempt from reporting proficiency for all students and subgroups and growth results. She detailed that the Department would determine new identifications for CSI, Additional TSI, and TSI-Consistently Underperforming schools in the fall of 2021 instead of in the fall of 2020. She stated that the Department continues to work with the U.S. Department of Education and receive guidance on how to report data for the current school year.

Kishimoto reviewed the Department’s next steps. She stated that the Department began to collect public comments regarding the state waiver for ESSA standardized testing and would continue to collect comments until April 10, 2020. She noted that the U.S. Department of Education did not require public comment periods to be completed prior to the submission of waivers. She noted that the U.S. Department of Education approved waivers for Hawaii and all other states prior to the completion of the public comment period. She stated that public comments provide the Department with the opportunity to review public input and determine its plan for public accountability and its achievement results. She stated that the Department could shift its focus to other areas, such as instructional design, how to ensure graduation of eligible students, promotion guidance, summer school, and transitions, if the Board were to approve the Department’s request. She noted that the Board’s approval would provide answers to students, teachers, and community members as the Department focuses on its instructional design model for the rest of the school year.

Board Vice Chairperson De Lima moved to approve the Department’s waiver request to cancel federally required statewide standardized assessments for the 2019-2020 school year, including SBA for English Language Arts/Literacy and Mathematics, Hawaii State Science Assessments and Biology 1 end-of-course exams, Hawaii State Alternate Assessments, and KĀʻEO, as described in the Department’s memorandum dated April 2, 2020. Board Member Margaret Cox seconded.

Board Vice Chairperson De Lima noted that the standardized assessment data would be exempt from reporting proficiency and growth results for all students and subgroups. He expressed concern that struggling students and students receiving special education supports are struggling because they are not physically allowed to be in school. He expressed concern that students might not be receiving services they otherwise would be receiving. Board Vice Chairperson De Lima stated that he has been reviewing various school websites and speaking with parents and believes that schools have robust programs and are providing information and instructions as students continue their education within their homes. He emphasized the importance of the Department planning for students who are struggling and receiving special education services. He noted that the Department needed to recognize the difficulties students are experiencing and stated that he hopes that students do not lose the gains that they made in the course of this school year.

Kishimoto highlighted that the Department is closely monitoring to ensure that all students have access to materials provided during this period. She highlighted that 13,000 teachers and the Hawaii State Teachers Association (“HSTA”) are working with the Department and taking the lead on instructional design. She noted that everyone is committed to ensuring that the Department stays in touch with each child. Kishimoto stated that the Department is making accommodations and reassessing as it moves forward and transitions into summer and the next school year to ensure it has supports in place if additional resources are necessary. She explained that the purpose of the implementation of the expedited waiver is to help states shift their focus from testing to instructional models to ensure that no loss of learning occurs and teachers guide practices.

Board Member Cox stated that she is in support of the Department’s recommendations. She emphasized the importance of the Department focusing on what it can do to help students and noted that she does not want students to be harmed during this pandemic. She noted that the Department needed to focus on educating students rather than assessments. Board Member Cox stated that California’s public school system determined that students would not be returning to physical classes this school year. She highlighted that university systems have begun to adjust their requirements, including not using standardized tests or grades for admission and focusing on pass/fail systems, to avoid harming students attempting to apply to college. She stated that she believes the Department is on the right track.

Student Representative Daniella White commented that although universities are adjusting requirements and not reviewing standardized test scores, tests help to determine whether students are college- or grade-level ready. She asked how the Department plans to assess whether students are ready for the next grade level or college.

Kishimoto explained that students who are graduating this school year have their SBA results from their junior year and other test results from former school years. In addition, students have received this year’s grades, including their third quarter grades. She detailed that each student has an academic profile, which includes various courses they previously enrolled in, such as early college and Advanced Placement (“AP”) courses. She noted that colleges are reviewing and using comprehensive profiles for admission decision-making and scholarship eligibility. She added that a number of students who applied for admission to various universities have already been notified of decisions. Kishimoto highlighted that colleges across the nation, including the University of Hawaii System, are working in partnership with local school systems to ensure that students have access to college and scholarships. Kishimoto noted that colleges have the option to review ACT scores and added that the ACT has rescheduled its national test date to allow students to take the exam. She detailed that universities understand that the U.S. Department of Education is waiving standardized assessments and are using multiple indicators to make decisions rather than relying on one indicator.

Board Chairperson Payne commented that Student Representative White also asked how the Department would determine whether younger students who are not yet graduating are ready to move forward to the next grade level.

Kishimoto explained that the Department would review multiple indicators and measures similar to how universities are reviewing various indicators. She detailed that the Department would review grades and offer opportunities for students to have extended time to complete early college courses, AP exams, finish requirements for the ACT, and so forth. She explained that there are other measures in place other than standardized tests and the Department would review these measures to determine promotion.

Board Member Cox commented that schools, teachers, and administrators know their students well and know of the work students have completed in the past three quarters as well as in previous years. She stated that she does not believe that it will be difficult for the Department to determine whether students should move on to the next grade level.

Board Member Kenneth Uemura commented that the Department’s next steps include consultations with other state partners. He asked about a timeline and the Department’s plans to operationalize its next steps.

Kishimoto explained that the Department has weekly meetings with the Council of Chief State School Officers, which convenes all state superintendents and has direct communication with the U.S. Department of Education. She detailed that the Department also attends every meeting held by the U.S. Department of Education. She noted that the U.S. Department of Education is working on putting together protocols and procedures for data requirements and documentation and rolling out guidance. She highlighted that all states and boards are working together in conjunction with governors, having conversations, and taking similar actions. She noted that the exemption waiver is the first of its kind.

Board Member Uemura stated that Kishimoto did not answer his question regarding a timeline. He asked if the Department is relying on guidance from the U.S. Department of Education and asked about timelines the Department should be following.

Kishimoto explained that the Department and all other states received a waiver this past week. She noted that the Department has not received specific guidance on various components. She explained that the U.S. Department of Education continues to roll out guidance, and the Department is quickly adjusting. She stated that the situation is fluid and ongoing, and complete and full guidance is not yet available. The U.S. Department of Education continues to determine which areas need additional guidance. She stated that the Department is still learning about requirements regarding data collection and waiting for additional guidance. She highlighted that the U.S. Department of Education has provided maximum flexibility for state decision-making at this time amidst the pandemic crisis and flexibility within additional federal funding.

Board Member Uemura stated that it appears as though it is too early for a solid timeline. He noted that he understood that it might be too early and added that timelines would allow the Department to receive the most benefits.

Board Vice Chairperson De Lima commented that the Board is taking action on the Department’s waiver request to cancel federally required statewide standardized assessments for the 2019-2020 school year. He noted that these requirements are still in effect for the 2020-2021 school year unless the Board takes additional action later.

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

ACTION: Motion to approve the Department’s waiver request to cancel federally required statewide standardized assessments for the 2019-2020 school year, including SBA for English Language Arts/Literacy and Mathematics, Hawaii State Science Assessments and Biology 1 end-of-course exams, Hawaii State Alternate Assessments, and KĀʻEO, as described in the Department’s memorandum dated April 2, 2020 (De Lima/Cox). The motion carried unanimously with all members present voting aye.


Kishimoto reviewed the Department’s request for a waiver from Board Policy 102-15, entitled “High School Graduation Requirements and Commencement,” for the 2019-2020 school year. She stated that the Department is working under the continuity of learning plan during the transition into the fourth quarter. She noted that all states are required to have a continuity of learning plan in place during this crisis period. She stated that schools are posting third quarter grades this week, which allow schools to understand whether students are on time to graduate. She highlighted that the Department has been systematically planning to maintain the continuity of learning during this unprecedented time. States across the nation are implementing innovative approaches because of these circumstances. In light of the current crisis, the Department is requesting a waiver from Board Policy 102-15.

Kishimoto detailed that schools are providing enrichment in the month of April, although students are not physically present in schools. She detailed that there would be a loss of 27 physical instructional days if schools are closed through April 30, 2020. The Department would lose 46 physical instructional days if COVID-19 cases escalate and the Department is in an alternate mode of continuity of learning for the rest of the school year. The Department’s primary concern is meeting the needs of 11,000 seniors slated to graduate next month. She stated that the Department wants to ensure that it is able to maintain standards and demonstrate achievement. The Department does not intend to circumvent its responsibility to prepare students for the future.

Kishimoto stated that it was imperative for the Department to request a waiver as soon as possible due to the deterioration of situations occurring in other states. She noted that other states are taking similar actions and waiving graduation requirements. Kishimoto highlighted that the Department remains committed to supporting students who are falling short of expectations based on their third quarter grades and is providing support to these students to ensure that they have the opportunity to successfully graduate. She detailed that the Department is reviewing federal reports, and the federal government is currently providing states with flexibility, alleviating regulations, and allowing states to more easily utilize resources. She noted that these actions aim to provide states with the ability to regroup and implement policies that ensure student success in a condensed period. Kishimoto stated that the Department plans to establish creative solutions to allow students to make seamless transitions after high school. She stated that students are ready to move on to college, jobs, and military service. She detailed that the Department is following U.S. Department of Education guidance and intends to utilize distance learning, packet distributions, and enrichment opportunities. She stated that Board approval would provide the Department with necessary tools to adapt quickly to the changing situation.

Kishimoto highlighted that seven states have currently ended their school year and determined that students would need to learn from home for the remainder of the school year, including Kansas, Virginia, New Mexico, Vermont, and Arizona. Other states are currently reviewing waiving graduation requirements. She detailed that Washington and Virginia have already taken action at the state level to provide graduation requirement waivers. Kishimoto stated that the Department is committed to ensuring that seniors meet content standards for all required courses and would make necessary adjustments as it considers the impact of this crisis. The Department will continue to implement educator-driven solutions to ensure that Class of 2020 graduates have the necessary skills to proceed to post-secondary opportunities.

Kishimoto highlighted that the Department is working with the University of Hawaii to plan for student transitions. She stated that students are able to access courses and enrichment opportunities in order to seamlessly transition. She highlighted that both the University of Hawaii and the Department are providing students with transition support. She emphasized the importance of the Board providing the Department with flexibility to ensure that it does not negatively affect students who are on-track to graduate by measures taken to ensure the health and safety of students and staff.

Kishimoto stated that the Department is working on a graduation guidance document and highlighted that principals and Complex Area Superintendents (“CAS”) have collectively contributed to the document. The Department plans to roll out its document next Monday if it receives Board approval. She added that the Department has been working with HSTA. She noted that the Department is working with many other state agencies that are providing teachers with technology, online, and instructional supports. Kishimoto detailed that the Department would monitor four groups of students as it rolled out its graduation plan, including students who are on-track to graduate based on third quarter grades, students who need to submit additional work based on third quarter grades to raise their grades and be on-track to graduate during the fourth quarter, students who will need extended support during the summertime to ensure they can successfully transition, and students who are not on-track to graduate. She stated that the Department is reviewing necessary resources and timelines to be able to provide students who need extended opportunities into summer with support from teachers, tutors, and others to ensure that they are able to successfully graduate. She detailed that some of these opportunities may need to roll into the next school year. Kishimoto highlighted that 90% of students are on-track to graduate based on third quarter grades. Students whom comprise the other three categories make up ten percent of the student population. She stated that principals and CASs are ready to execute and implement the Department’s graduation guidance and plan.

Kishimoto detailed that the Department’s guidance document includes information regarding grading, GPA calculations, completion of early college courses, certificate programs, career technical education requirements, seals of biliteracy and honors diplomas, AP testing, and block schedules. She detailed that five schools are on a block schedule, and the Department is working with these principals on designs for graduation and accommodations. She stated that students and parents are anxious for the Department to roll out guidance. Kishimoto explained that the Department is unable to make up 27 or 46 instructional school days and noted that the pandemic is creating significant economic concerns. She stated that state leadership is working through its guidance. She noted significant costs associated with extending the school year to make up lost school days and stated that it is cost prohibitive. Kishimoto stated that teachers and school teams are able to use third quarter grades to implement alternate graduate requirements. She emphasized the importance of the Department being able to move forward and provide guidance to principals, teachers, parents, and students regarding graduation requirements, impacts, and promotion. She noted that teachers and schools would need to be able to accommodate promotion of lower grades as students move through high school and need to meet end-of-year credit requirements.

Board Vice Chairperson De Lima moved to approve the Department’s request for a waiver from Board Policy 102-15, entitled “High School Graduation Requirements and Commencement,” for the 2019-2020 school year, as described in the Department’s memorandum dated April 2, 2020. Board Member Barcarse seconded.

Board Member Cox stated that she is in support of the Department’s request. She stated that high schools, teachers, and administrators work hard each school year to ensure that all students have the appropriate coursework to graduate. She stated that she does not want students to feel punished or families to experience stress and emphasized that high schools, teachers, and administrators have a process in place to help students graduate.

Board Member Voss stated that he supports the Department’s request and is in support of the Department leaving decision-making to schools. He emphasized that the Department must provide schools with clear guidance regarding parameters. He stated that while he appreciates the Department’s intent to roll out guidance the following week, it is difficult for the Board to make decisions without being able to review appropriate materials. He noted that he is unsure of what the Department included in its directives. Board Member Voss asked if the Department would provide specific guidance to schools regarding students who are not on-track to graduate. He asked if requirements would be substantially equivalent to existing requirements.

Kishimoto confirmed that the Department’s guidance is detailed. She stated that the Department has been conducting two leadership meetings each day through WebEx to map policies, review each school’s data, and determine how to provide support. She highlighted that the Department reached a consensus in terms of a clear and specific guidance document. She further highlighted that high school principals participated in leadership meetings and provided input. All school leaders have made a commitment to ensure that all students have opportunities to graduate while understanding that ten percent of students might need additional support, including extension into the summer. She stated that the Department is maintaining well-defined graduation requirements and aligning with the Board’s policy as much as possible while making adjustments in terms of instructional design, such as providing students with e-learning, tutoring, one-to-one support, and career and technical education and industry certification infused classes. She detailed that the Department reviewed how to remove barriers to graduation. She stated that the Department is tracking each student in all four categories and determining the kinds of resources and the amount of time that is necessary to help students be successful. She emphasized that the Department is holding to the values and standards that diplomas represent and implemented these values and standards in its graduation document. She highlighted joint commitments and efforts to maintain standards and emphasized the importance of flexibility to ensure that schools are able to execute graduation plans successfully. She stated that graduation plans might require many individualized plans to ensure that all students have opportunities to be successful.

Board Member Voss stated that individualized attention is critical. He asked if the Department would defer graduation for students who are not on-track to graduate by the end of the school year to sometime later in the year after they have completed requirements that are substantially equivalent to existing graduation requirements.

Kishimoto detailed that the Department’s plan includes reviewing where each student falls and whether extended time is necessary. She stated that some students who need to raise their grades or need additional support over the summer would still be captured under the Class of 2020. Other students who are further behind might need completely individualized plans in order to complete the necessary requirements and graduate. She stated that the Department plans to provide students with opportunities to fulfill requirements and receive individualized graduation plans.

Military Representative Captain Lyn Yatko expressed appreciation for the Department’s efforts to align with other states. She stated that cross-state collaboration helps students and detailed military impacts during the summertime. She stated that the military is currently under a stop movement order, but at some point, military members will be transferring and transitioning. She emphasized the importance of collaboration with other states in order to assist and support transitioning students affected by the deferment of military moves.

Kishimoto stated that the Department understands that the military’s stop movement order affects many families and that their children might transition into schools after the next school year has already begun. She stated that the Department is planning for these circumstances and plans to provide support. She noted that some students participate in the Junior Reserve Officers’ Training Corps, and they are experiencing potential impacts on scholarships and summer placements. The Department is working to ensure that it is able to continue supporting these students.

Student Representative White detailed the student perspective, including conversations occurring through social media between teachers, students, and parents. She stated that although the waiver of graduation requirements is a complex decision, it allows students to continue with postsecondary plans, including college, military, and career paths. She stated that colleges are basing acceptances off high school transcripts that include third quarter grades, but they are able to revoke admission based on fourth quarter grades. She noted that if ten percent of students are not on-track to graduate, that amounts to 1,100 students. She stated that the fourth quarter is important for students in terms of being career ready and transitioning to college. Student Representative White detailed block schedules and noted that some students meet requirements from one semester, sometimes during the second semester, which is equivalent to the final quarter .She stated that some students might have barely failed a class during the third quarter but easily passed it with a higher grade in the fourth quarter. She emphasized the importance of the Department working with schools and principals on a case-by-case basis. She asked how many students might not be on-track to graduate due to a bad grade that would need to continue into summer but were close to passing the class in which they received a failing grade.

Kishimoto detailed schools with block schedules and noted that the Department is coordinating and working with these schools and principals to plan fourth quarter schedules and courses around students who need half-credits in order to meet graduation requirements. She stated that these principals have models to assist students in receiving half-credits in the fourth quarter and graduating on time. She emphasized the importance of the Department remaining committed to and ensuring that the majority of students are able to graduate on time. She stated that the ten percent of students who need additional time to meet graduation requirements have opportunities to meet graduation requirements during the fourth quarter and graduate on time. She explained that students who might need extensions into the summer received multiple failing grades and did not meet expectations. She stated that the Department has been engaging in many conversations and working out various details. The Department built these details into its graduation guidance and based its guidance on conversations regarding planning with principals. She emphasized that teachers know their students well, including where they are, their aspirations, and where they need to be. She stated that the Department wants to help students transition as quickly as possible while simultaneously meeting graduation requirements.

Member Takeno echoed Board Member Voss’s sentiments. Board Member Takeno noted that the Department is still in the process of developing its plan and document to effectively ensure continued support of students. He stated that the Department referred to it as a policy guidance document in its memorandum to the Board. He stated that from the Department’s memoranducm, it appears as though the Department has not yet finalized its guidance. He asked when the Department would finalize the graduation guidance document, provide it to the Board, and release it to the public for transparency purposes.

Kishimoto explained that the Department has finished drafting its graduation guidance document but cannot finalize until it receives Board approval. She explained that the Department is referring to the document as a draft because it has not yet received Board approval, but it has completed its work on the document. She stated that the Department is having a final meeting tomorrow based on the outcome of the Board’s meeting and reviewing whether it needs to include any final details. The Department plans to roll out the document internally to the field on Monday and could share the document with the Board at the same time at which it shares it with the field. She stated that the Department would need to review details and nuances and remove any confidential data that could publicly identify students prior to releasing the document to the public. She stated that the Department plans to release a public-facing version a few days after its internal release. She stated that the document would help parents and students to understand graduation requirements for this school year. Kishimoto highlighted that the Department’s leadership team plans to meet on a daily basis after issuing guidance in case there are any unique situations in which the Department would need to determine how to apply its guidance. She stated that there might be unique outlier situations, so the Department plans to continue to meet and discuss. She noted that the Department has used a similar process for all other guidance it has issued over the last two weeks. The Department’s process includes issuing guidance, continuing team meetings, communicating with principals who are executing guidance, and ensuring that schools are receiving clarity. She reiterated that the Department would release guidance internally on Monday and then publicly release guidance to parents and communities the following Monday within a week’s time.

Board Member Takeno asked the Department to share its draft guidance with the Board on Monday if it was permissible to share this information.

Board Member Nolan Kawano commented that the Board is taking action on a graduation waiver for the 2019-2020 school year. He clarified that it would apply for the graduating class of 2020. He noted that the four categories of students Kishimoto detailed includes freshmen, sophomores, and juniors working toward graduation requirements. He stated that this guidance applies to these students as well and noted that he wants to ensure that the Department has guidance in place to address these students. He noted that these students would need to pass courses as well to promote to the next grade level.

Kishimoto explained that the guidance document begins and focuses on the graduating class of 2020. The graduation guidance document would also affect students in ninth, tenth, and eleventh grades based on the ways in which students meet credit requirements in order to graduate. She explained that students in ninth, tenth, and eleventh grades would still fall and advance under the existing Board Policy 102-15 as they move forward. However, graduation guidance would affect how their grades are determined for the fourth quarter. She noted that guidance would have implications for lower grades in terms of this year’s coursework. She further explained that the Department is not waiving graduation requirements for lower grades in terms of overall expectations for meeting requirements as they advance through the school system. These students will need to meet course credit requirements under Board Policy 102-15. Nonetheless, the document would affect all high-school age students.

Board Member Kawano asked how the Department is determining whether a ninth grade student passed a course in the fourth quarter.

Kishimoto explained that a student under a block schedule who needs to finish a half-credit course in an area already scheduled into the school year, for example, would be able to complete this course in the fourth quarter. She stated that the Department would be affecting the entire school schedule moving forward if it did not allow students access to these courses in the fourth quarter because students would fall short half a credit. She explained that schools are determining where their students are. Students can receive a yearlong grade based on their third quarter grades if they are on-track to graduate and receive enrichment and continuous learning in the fourth quarter without grades. The Department would allow students who need to meet additional requirements in order to graduate to complete work during the fourth quarter under the guidance of teachers to meet credit requirements. She stated that it might vary school by school, and there are multiple factors that might affect how students are able to use the fourth quarter. Some students might need to submit work to raise grades while other students can use the fourth quarter as enrichment without having to earn additional grades. She stated that students could use the fourth quarter as an opportunity to maintain their learning or transition. She noted that multiple states are implementing this model because many schools were able to complete the third quarter prior to shutdowns.

Board Member Kawano expressed concern regarding classes with prerequisites, such as math courses. He stated that students would learn three-fourths of the subject matter and be able to promote to the next school year. However, their performance might suffer as they advance to higher-level classes because they are missing prerequisites. He stated that he has concerns regarding promoting students based on third quarter grades.

Kishimoto agreed with Board Member Kawano’s concerns and noted that the Department is currently reviewing these various considerations. She stated that the Department recently had discussions with the University of Hawaii regarding students transitioning into college courses after missing content during the fourth quarter. She noted that colleges are concerned in regards to math, and they are reviewing how to assess entering students, including how to use third quarter grades, junior year assessments, continuity of math courses taken during high school, and portfolios of experience in math. She highlighted that the Department is reviewing how to provide students with appropriate enrichment opportunities to prepare students for college and assist them in successful transitions. She stated that the Department is planning to work with schools and principals to determine whether students need additional practices in certain areas and to review students’ skills in critical areas, such as math and literacy. She stated that these focuses will help schools and teachers determine how to focus the fourth quarter. She noted that teachers could give students quality feedback to ensure that students are successful moving forward even if assignments do not receive a grade.

Student Representative White expressed concern that some students would be expected to learn during the fourth quarter while others would not receive grades or assignments. She asked how the Department’s plan reflects equity and asked how the Department would ensure that students are completing ungraded assignments. Student Representative White detailed various concerns from students, parents, and families. She stated that the Department’s proposal states that it would render a decision regarding commencement no later than April 15, 2020. She noted that families are concerned regarding whether the Department plans to cancel alternative commencement ceremonies. She stated that she understands that it is difficult to provide a solid announcement under the circumstances, but school communities are concerned and April 15, 2020 is late in the year.

Kishimoto stated that all students are expected to demonstrate learning. The question is whether they have demonstrated that learning and are in good standing by the end of the third quarter. She noted that this allows the Department to shift additional resources in the fourth quarter for equity purposes to provide struggling students with support to ensure that they do not have to extend their school year deep into the summer or the following school year. She highlighted that the Department is working together to determine where students are and focus on and provide support to these students during the fourth quarter.

Kishimoto stated that the Department determined an announcement date of April 15, 2020 based on feedback from principals who received feedback from parents and students. She explained that many individuals decided that it would be conducive to wait to be able to review how the COVID-19 situation develops. She stated that a later date provides schools with sufficient time to plan special alternative ceremonies and does not require schools to cancel commencement ceremonies based on what is occurring today. She stated that it is reasonable for principals to work on alternative plans and review whether COVID-19 escalates prior to making a decision. She noted that some states have announced cancellations based on the current situation. Kishimoto acknowledged that commencement ceremonies are important and special. She stated that these are fast-changing times, and principals need time to plan what an alternative ceremony might look like with the school community.

Student Representative White agreed that it is reasonable to provide principals with time to plan possible alternate commencement ceremonies. She asked if the Department could require schools to provide updates. She noted that families and students are confused and receiving updates from social media rather than the Department. She asked if the Department could find ways in which to update families on how it is managing commencement planning processes. Student Representative White asked how the Department would ensure that students are participating in enrichment opportunities. She noted that students are able to work independently but might not feel accountable for completing enrichment lessons if there is no grade attached to lessons.

Kishimoto explained that students are responsible for keeping in touch with their teachers and submitting assignments in order to remain in good standing even if they do not receive a grade. She noted that students are held accountable to their teachers. She explained that accountability exists and schools are still operating, but there is no grade attached. The Department wants students to remain actively engaged in learning by completing meaningful work that helps prepare them for transitions. Kishimoto stated that it is important to release broad decision-making timelines in terms of commencement ceremonies. She stated that the Department is making decisions as quickly as possible and issuing clear, written guidance as it moves forward. She stated that the Department needed to provide guidance for a number of different areas, including commencement. The Department plans to provide guidance as soon as possible. Kishimoto explained that the Department has engaged in conversations regarding whether to announce cancellations of traditional ceremonies or delay ceremonies. She stated that the Department is reviewing the Department of Health’s stay-at-home timeline and reviewing whether COVID-19 cases are flattening or increasing. The Department is attempting to be considerate of families and seek input on different ways in which schools can hold alternative ceremonies. She stated that the Department’s website and social media site are reliable sources of information. Individual school websites are also reliable sources of information. She stated that websites and social media sites other than these might not be reliable and might not be providing families with accurate information. She encouraged families to check the Department’s website for accurate information and updates.

Board Vice Chairperson De Lima commented that Board Policy 102-15 sets forth rigorous requirements for graduation. He stated that the Department’s waiver does not suggest reducing rigorous graduation requirements. He highlighted that students who graduate this year should be proud of the diploma they receive from the Department. He stated that the waiver provides various schools with the ability to help students fulfill graduation requirements in a way in which meets students’ needs and helps them to succeed. He emphasized the importance of flexibility under current circumstances. Board Vice Chairperson De Lima stated that he would like to receive a draft of the graduation guidance. He stated that the Board might be more comfortable moving forward if it were able to review the Department’s guidance, including how the Department plans to address deficiencies. He stated that the Department is approaching the situation comprehensively and is maintaining empathy for its students and families. Board Vice Chairperson De Lima stated that he empathizes with seniors and families who are unable to fully experience graduation. He added that the Department has a responsibility to ensure health and safety. He stated that April 15, 2020 is two weeks away, and he is hopeful that the situation might be safer by that date. He stated that safety is paramount, and he trusts the Department’s decisions will prioritize safety over tradition.

Board Chairperson Payne asked whether and how the graduation waiver applies to charter schools.

Kishimoto noted that the Department’s request for a waiver from Board Policy 102-15 was on behalf of charter schools as well. Kishimoto detailed that the Commission is working with each charter school. She detailed that the Commission is a unique entity and that each charter school has a governing board. She stated that parties are working to determine requirements students will need to meet. She stated that guidance would include accommodations and largely apply to all high schools, including charter schools, with several possible exceptions. She stated the Department and Commission want to account for exceptions since the charter school design intends to govern charter schools uniquely. She stated that charter schools are not implementing processes that would interrupt the uniqueness of schools. She noted that Yvonne Lau, Commission Interim Executive Director, is working with each charter school to ensure the Department’s guidance accommodates each charter school’s uniqueness.

Board Member Kili Namauʻu noted that immersion communities are struggling and having to make difficult decisions. She stated that the situation changes day-to-day, thus decision-making is difficult. Board Member Namauʻu stated that she is hopeful that Hawaii will remain ahead of the virus due to the Governor’s emergency action and will have opportunities to review how other states and school boards are making decisions. She stated that she appreciates that students and educators have opportunities to teach and learn even though schools are physically shut down. She stated that commencement ceremonies are important to families and emphasized the importance of principals having time to collect feedback from parents and families to potentially plan alternate ceremonies.

Board Member Namauʻu stated that there is a balance between taking time and providing updates as soon as possible. She noted that some information is important to share sooner rather than later. She stated that dissemination of information and communication is important. Board Member Namauʻu commented that some people make cynical comments, but everyone needed to reassess, reflect, and understand that these are unprecedented times. She stated that she is confident in educators’ abilities to support students, especially the ten percent of students who are struggling to graduate on time. She stated that the Department should focus on whether students have access to devices to participate in distance learning opportunities. She stated that schools could possibly provide students with devices but noted that some schools are cautious to release devices. She expressed concern regarding equity and stated that teachers should take the time to reflect on how to educate students in these different times.

Kishimoto stated that students from kindergarten through twelfth grade have picked up hundreds of devices. She noted that the Department is being careful in regards to safety and is not broadcasting this information because it does not need to announce which families needed additional support and resources. Kishimoto stated that the Department is working on releasing devices to all Kaiapuni students. She noted that the Department is leading and educating in a time of crisis. She stated that employees and agencies beyond the school system are collaborating with the Department in this time because all agencies are leading under less than normal circumstances. She stated that there is tremendous thought leadership in place at every level, and organizations are working together in unprecedented ways. Kishimoto commented that seniors have missed proms and other events they were looking forward to celebrating. She stated that in addition to graduation requirements, there are other areas affecting the emotions of children and families. She emphasized the importance of providing families with clarity and assurance and not adding to the stress and burden of families’ financial and health situations. She stated that the Department does not take these decisions lightly and is attempting to be as supportive as possible. She noted that policies affect many lives.

Board Member Namauʻu emphasized the importance of reflection and considering emotions. She stated that she wanted individuals to be cognizant of these difficulties. She expressed appreciation for teachers creating curriculum for their students and leadership taking action. She stated that individuals should review how to help their communities better in their individual capacity rather than being cynical.

Board Member Voss expressed appreciation for Student Representative White’s insightful comments. He stated that graduation is a time of celebration and joy for families and is a once in a lifetime event. He stated that it is unlikely that the situation will be substantially different on April 15, 2020 and noted that the Department might cancel graduations across the state if April 15, 2020 is the deadline to determine the future of this year’s commencement ceremonies. He encouraged the Department to defer the decision, if necessary, to end of the emergency proclamation and not rush commencement decisions in the case that the state makes progress and it is possible for schools to conduct ceremonies safely.

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

ACTION: Motion to approve the Department’s request for a waiver from Board Policy 102-15, entitled “High School Graduation Requirements and Commencement,” for the 2019-2020 school year, as described in the Department’s memorandum dated April 2, 2020 (De Lima/Barcarse). The motion carried unanimously with all members present voting aye.


VI. Discussion Items
Kishimoto reviewed the March 19, 2020 letter of commitment regarding COVID-19 preparation and response from her to HSTA Executive Director Wilbert Holck. She detailed that the background of the letter of commitment relates to graduation and standardized test waivers. She detailed that the Governor signed his first emergency proclamation regarding the COVID-19 pandemic on March 4, 2020. She noted that the emergency proclamation gave county and state agencies relief from following HRS Chapter 89, entitled “Collective Bargaining in Public Employment,” to accomplish emergency management functions. Kishimoto noted that the Department had a one-week scheduled spring break from March 16 through March 20, which it extended to March 27 due to the spread of the coronavirus. Subsequently, the Department added a third week of modified school closures to April 3, 2020. The Department asked teachers to work from home to prepare modified lesson plans, cleaned schools, and determined social distancing in preparation to open schools on April 7, 2020. At this time, the Department was in discussion with HSTA regarding whether the Department would fully shut down schools for the rest of the year. The Department articulated its desire to separate the closure of a school building from the fact that the school system would continue to operate and be an important source of support and education to students.

Kishimoto noted that the Department worked in partnership with HSTA during the week of March 16, 2020 to develop actions that were necessary to ensure that teachers were able to provide a continuity of education in the event of extended school closures. HSTA agreed that any closure would be of school buildings rather than school systems, and education in other areas, such as food programs, would continue in modified formats. The Department met with HSTA on March 19 to document procedures and agreements so that teachers clearly understood their roles and responsibilities. She stated that the letter of commitment was drafted to document key functions and processes to ensure the continuity of education throughout the COVID-19 crisis. The Department and HSTA agreed on the terms of the letter of commitment and shared it with the Department of Human Resources Development, the Office of the Governor, the Department’s deputy attorney general, the Office of the Attorney General, Employment Law Division, and Kishimoto signed the letter as the Superintendent of Education. Kishimoto stated that having the signed letter of commitment allows the Department and HSTA to work quickly to develop guidelines to provide instruction for all students for the duration of the COVID-19 health crisis.

Kishimoto stated that the Department rolled out a statewide continuity of learning plan to teachers and employees on March 20. She detailed that the Department has participated in twice-daily leadership calls with CASs, principals, and assistant superintendents since that date to continue the implementation of collaborative decision-making to ensure the continuity of learning. She added that the Department continues to meet and discuss with HSTA. She noted that the Department continues to speak with other impacted unions and labor organizations. Kishimoto stated that she wanted to ensure that the Board was aware of the letter of commitment, which provides guidance, support, and an instructional design approach during the pandemic crisis.

Board Member Voss commented on the Department’s memorandum of understanding in its meeting materials and noted that it relates to Student Representative White’s earlier comments regarding enrichment materials. He detailed teacher-initiated tasks listed in the Department’s materials, and he noted that the Department should not penalize students for lack of technology and that the emphasis should be on teachers preparing instructional materials, continued instruction, and continued learning opportunities. He asked why the Department did not place more emphasis on schools pushing teachers to continue instruction as much as possible.

Kishimoto explained that the focus is on instructional designs that can be delivered through alternative approaches, such as packets, online instruction, and other opportunities for students to participate in software-based activities. She detailed that students are still completing projects and engaging in project-based learning through technology. She stated that the purpose for this language and emphasis relates to the fact that teachers are the Department’s instructional experts. They are creating instructional tasks with the understanding of where students are at any point in time rather than the Department providing teachers with specific sets of tasks to execute. She noted that teachers are working with a variety of students, including students transitioning to other grades, and are able to plan a continuity of learning through the summer and next school year. She emphasized the importance of being able to understand the accommodations that need to be made for students in the fourth quarter to provide a continuity of learning and applied learning opportunities that might have been interrupted by the fact that students are unable to physically visit school buildings and work sites to participate in applied learning opportunities. She emphasized the importance of teachers leading design. She detailed that the language is meant to provide clarity and emphasize that the Department is not working under normal conditions and typical ways in which to grade assignments are not currently possible. She stated that the Department is making accommodations in terms of student access, technology, instruction, and support. She highlighted that teachers are initiators of instructional design because they know their students best.
VII. Adjournment

Board Chairperson Payne adjourned the meeting at 3:43 p.m.