STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Thursday, August 19, 2021
*The Board did not meet at a physical location. As part of the response to the threat of COVID-19, Governor David Ige issued an Emergency Proclamation dated August 5, 2021, suspending Hawaii Revised Statutes Chapter 92, Public Agency Meetings and Records, to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location, among other things.

PRESENT:
Catherine Payne, Chairperson
Kenneth Uemura, Vice Chairperson
Bill Arakaki
Shanty Asher
Kaimana Barcarse
Lynn Fallin
Kili Namauʻu
Dwight Takeno
Bruce Voss

EXCUSED:
None

ALSO PRESENT:
Kyla Musso, Student Representative
Colonel Angenene Robertson, Military Representative
Stacey Aldrich, State Librarian, Hawaii State Public Library System
Keith Hayashi, Interim Superintendent, Department of Education
Brian Hallett, Assistant Superintendent, Office of Fiscal Services, Department of Education
Phyllis Unebasami, Deputy Superintendent, Department of Education
Terri Ushijima, Interim Assistant Superintendent, Office of Curriculum and Instructional Design, Department of Education
Sean Bacon, Interim Assistant Superintendent, Office of Talent Management, Department of Education
Heidi Armstrong, Assistant Superintendent, Office of Student Support Services, Department of Education
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary


I. Call to Order

Board Chairperson Catherine Payne called the Board of Education (“Board”) General Business Meeting to order at 1:45 p.m.


II. Executive Session
This portion of the meeting was closed under Section 92-4 and Section 92-5(a)(4), Hawaii Revised Statutes.

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

Board Chairperson Payne stated that the Board would need to move into executive session to consult with its attorney on questions and issues pertaining to the matters on the agenda.

Board Vice Chairperson Kenneth Uemura moved to enter into executive session to consult with the Board’s attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities concerning Clarabal v. Department of Education of the State of Hawaii. Board Member Kaimana Barcarse seconded.

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

ACTION: Motion to move into executive session to consult with the Board’s attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities concerning Clarabal v. Department of Education of the State of Hawaii (Uemura/Barcarse). The motion was carried through unanimous consent from all members present.

The Board recessed at 1:48 p.m. and reconvened at 2:03 p.m.

Board Chairperson Payne expressed appreciation to those who submitted testimonies and acknowledged anxieties over health concerns and issues relating to clear communication and implementation.

III. Approval of Meeting Minutes of July 15, 2021

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

Board Chairperson Payne asked Board members to review the minutes of the Board’s July 15, 2021 Special Meeting.

Board Vice Chairperson Uemura moved to approve the meeting minutes of the Board’s July 15, 2021 Special Meeting. Board Member Lynn Fallin seconded.

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

ACTION: Motion to approve the meeting minutes of the Board’s July 15, 2021 Special Meeting (Uemura/Fallin). The motion was carried through unanimous consent from all members present.


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

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

Board Member Barcarse, Human Resources Committee Chairperson, reported the committee met earlier and approved the minutes of June 17, 2021, and took action on the State Librarian’s evaluation priorities.


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

David Miyashiro, HawaiiKidsCAN, testified that he would like to reiterate concerns about the lack of details in the Department’s ESSER plan and noted that many other state plans contain more details, bolder ideas and specific support for schools. He stated that the allocation information is missing specific critical interventions such as high dosage tutoring and extended learning time.

Osa Tui, Hawaii State Teachers Association, reminded the Board that it has an agreement to discuss twenty-one hours of professional development for educators.

Linda Elento, public, testified that she would like to request that the Board consider adding specific allocations for Section 504 accommodations and services, which is separate or in addition to Individuals with Disabilities Education Act (“IDEA”) purposes which is different from special education services.

Bea DeRego, Kahuku High and Intermediate, testified that teachers have articulated clearly that their well-being is currently ignored in the rush to bring students back for in person learning every day. She detailed several ways the Department could improve well-being.

Susan Pcola-Davis, public, testified that the Board should reconsider the Department requests for funds to cover budget shortfalls and noted that the Department has not explained its requests relating to administrative costs and emergency needs. She suggested the Department include an appropriation to ensure improved ventilation and masking.

Board Member Bruce Voss, Finance and Infrastructure Committee Chairperson, reported that the Department will come back with an improved plan for the committee to review and take action on the prioritization of ESSER funds. He also reported that the Committee approved the Department’s recommendation from the COW XII for the weighted student fund formula allocation for the 2022-2023 and 2023-2024 School Years.


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

Susan Pcola-Davis, public, referenced the Board’s August 12, 2021 training, provided by Robert Hull, and stated that she is hopeful that the Board will take advantage of his offer to work to develop key skills and attributes in the search for a new superintendent.

Board Chairperson Payne reported that the stakeholders represented on the advisory group for the superintendent search are described in her memorandum in the meeting materials. She noted that her memorandum also mentions a couple of adjustments to the superintendent search timeline.


V. Action Items

Board Member Shanty Asher entered the meeting at 2:30 p.m.

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

Board Chairperson Payne stated that during the executive session, the Board consulted with its attorney on lawsuits described on the agenda. She noted that the Board is taking action in public based upon its deliberations with its attorney and pursuant to law.

Board Member Barcarse moved to authorize Board Chairperson Payne as discussed in executive session. Board Vice Chairperson Uemura seconded.

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

ACTION: Motion to authorize Board Chairperson Payne as discussed in executive session (Barcarse/Uemura). The motion carried unanimously with all members present voting aye.


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

Board Member Barcarse, Human Resources Committee Chairperson, stated that the committee recommended approval of the State Librarian Priorities for the 2021-2022 state librarian evaluation, as described in the August 19, 2021 meeting submittal.

Stacey Aldrich, State Librarian expressed appreciation to the Board for its support and encouragement. She recognized all of her staff across the state for their hard work, working throughout the COVID-19 pandemic, and that she looks forward to working with the Board to build a strong library system.

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

ACTION: Motion to approve the State Librarian Priorities for the 2021-2022 state librarian evaluation, as described in the August 19, 2021 meeting submittal (Human Resources Committee/no second required). The motion carried unanimously with all members present voting aye.


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

Susan Pcola-Davis, public, testified that at the FIC meeting, the committee discussed two agenda items at the same time. She noted that on there were no breakdowns of certain programs and expressed frustration that the Department pressures the Board into making decisions.

Board Member Voss stated that committee members expressed substantial concerns about the lack of supporting information provided by the Department and the lack of a comprehensive plan, particularly as to budget shortfalls; however, the Department needs funds for the current fiscal year.

Board Member Voss, Finance and Infrastructure Committee Chairperson, stated that FIC recommended approval of the use of up to $176,897,106 of ESSER II and ESSER ARP funds for the 2021-2022 fiscal year for the proposed uses and amounts outlined in Hayashi’s memorandum, dated August 19, 2021.

Board Vice Chairperson Uemura stated that he participated in the FIC meeting, ex-officio, expressed disagreement with the Department’s recommendation, and noted that he is not opposed to the funding but wants to understand what the funds will be used for. He stated that he does not want the Board to be pressured into making a decision without enough information.

Board Vice Chairperson Uemura stated that he understood the need to move forward, but noted that Brian Hallett, Assistant Superintendent of the Office of Fiscal Services shared that the Department can provide additional information at an upcoming Board meeting. He noted that there are immediate needs, but requested that the Board not move forward on items 4.01, 4.02, 4.03. Board Vice Chairperson Uemura requested that the Board direct the Department to provide a detailed plan at the September meeting to include details on how the Department plans to spend these federal funds.

Board Vice Chairperson Uemura moved to amend the main motion by postponing to September 2021 the Board’s decision-making on proposed items 4.01, 4.02, 4.03, as described in Hayashi’s memorandum, dated August 19, 2021. Board Member Barcarse seconded.

Board Chairperson Payne noted that there was a plea from the Department to move forward with some of the use of funds in order to keep the Department stable.

Board Member Bill Arakaki asked the Department to explain the impacts on schools if the Board defers decision-making.

Keith Hayashi, Interim Superintendent called on Hallett to provide the Department’s recommendation.

Hallett replied that the Department is not facing a cash crunch at this time, so the Board could take action at a future meeting without detrimental impacts on schools. He expressed concern regarding how Department personnel will interpret the deferral of decision-making and asked whether the Board needed more information or if the Board is questioning the need to use these federal funds for budget shortfalls.

Hallett stated that if the Board does not want to use these federal funds for budget shortfalls, the Department should prepare by pulling back resources. He explained that for 4.02, the legislature converted a number of positions from being funded with general funds to federal funds. Hallett noted that he discussed this with the Board at previous meetings and posted this information on the Department’s website.

Board Chairperson Payne asked for further information on the new financial management system Aukahi, included in 4.03.

Hallett replied that there are no general funds to pay for Aukahi operations and that there is enough funding in other areas, but not enough to sustain the Department for the entire year.

Hayashi echoed comments from Hallett and shared that the Department’s request will bring stability for schools during a time when schools are dealing with many concerns and he encouraged the Board to consider funding 4.02.

Board Chairperson Payne asked how many employees will be affected by the 4.02 shortfall of $20.5 million and what happens if the legislature declines to use general funds for positions.

Hallett replied that there are 100 employees in two areas, the Office of Strategy, Innovation and Performance (“OSIP”) and the Leadership Institute.

Board Chairperson Payne asked if the positions are considered part of the Department’s essential operations. Hallett confirmed that they are.

Board Member Fallin stated that she is open to defer decision-making until September because the Board is responsible to ensure these federal funds are used to support students and schools. She also stated that everyone in the system is under great distress and that the state has a responsibility to adequately fund public education and should not rely on federal funds. Board Member Fallin noted that the discussions at the FIC meeting helped committee members understand the impact on schools, but it is difficult for the Board to make decisions because the Department is always pushing it to make decisions immediately.

Board Member Fallin stated that the Department needs to acknowledged that the Board needs more details in order to understand impacts. Board Member Fallin asked how much more information the Department will provide to the Board if decision-making is deferred by one month.

Hallett replied that the Department is not facing a cash crunch and that the Department can come back to the Board next month.

Board Chairperson Payne stated that the main issues with the Department’s request are a lack of specificity and the absences of a description of the impact of funding on students and learning. She noted that the Department did not provide any specific information on the shortfalls in category 4. Board Chairperson Payne noted that everything in category 4 are operational items and not new expenditures.

Hallett stated that he would like to request further guidance if the Board delays decision-making because he is unclear on what new information the Board wants. He stated that the $100.2 million was supposed to be a one-time cut, but that it was maintained by legislature out of necessity. Hallett explained that if the Department needs to cut $100.2 million from its general fund budget, the Department will need to start cutting tens of millions of dollars from ongoing programs. He further stated that the Department will need to stay in a temporary holding pattern to bridge the funding gap until funds can be restored.

Board Vice Chairperson Uemura stated that his proposed amendment was to address concerns because the Board is not against funding the shortfalls, but needs to understand what is being funded. He recalled that the $100.2 million reduction was discussed during previous meetings and that some of the cuts were for teaching positions, which the Board was adamant, should not be cut.

Hallett replied that in the year it was proposed, the $100.2 million reduction was supposed to be a one-time budget cut and $24.3 million came from weighted student formula (“WSF”) because schools closed their campuses in the fourth quarter and schools realized savings, but the Department is not in that situation again.

Board Vice Chairperson Uemura noted that when $100.2 million is cut from the Department’s budget, the Board needs to understand how the cut affects student achievement. He stated that the Board made it a point to restore all the cuts to teachers with ESSER funds.

Board Vice Chairperson Uemura requested that the Department explain what is being funded with ESSER funds and what the legislature restored to the budget from the $100.2 million reduction. He also stated that the financial management system, workers compensation, and food services funds were included in the $100.2 million cut, but were also listed as a separate line item.

Board Vice Chairperson stated that all the Board is asking for is for the Department to provide enough information so that the Board can make an informed decision. He agreed with Board Chairperson Payne that the Department needs to include supporting details and operational impacts for all programs.

Board Member Voss stated that the basic principle at play is that the Board should not approve any amount, unless it has sufficient information to do so, because the Board has a fiduciary responsibility. He noted that the Department has requested $100.2 million to plug the gap this year, but the Board does not know how the Department came up with this amount and that he suspects the Department does not need the full amount because of carryover funds, vacancies, and program adjustments. Board Member Voss noted that no one is suggesting that the Board will not fill the gaps necessary to support schools, but the Department needs to provide the Board with the necessary information so the Board can make sound decisions; that did not happen today and for that the reason he expressed support for the amendment.

Board Chairperson Payne asked for clarification on the amendment being considered. Board Vice Chairperson Uemura clarified his amendment is to defer decision-making on 4.01, 4.02 and 4.03. He noted that it is unclear how the Department will spend the funds described in 5, 6, and 7, but is not suggesting deferring decision-making on these items because there is an immediate need for safety. He asked that the Department provide a budget for 5, 6, and 7.

Board Chairperson Payne stated that there will be an ongoing discussion on federal funding in general with other items, but for now, the Board will consider deferring 4.01, 4.02, and 4.03.

Board Member Arakaki suggested that the Department collect information, including input from the educators at the school level as to what the impacts they will experience when their budgets are cut.

Board Member Fallin noted that she is open to the amendment as proposed and underscored that for items 1 and 2, there needs to be additional work around aligning and identifying metrics. She does not want to negatively affect areas that need funding immediately but the Department needs to do additional work going forward.

Board Chairperson Payne noted Board Member Fallin’s concerns and stated that some of the work might be better aligned with the Student Achievement Committee.

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

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

ACTION: Motion to (1) approve the use of up to $39,183,441 of ESSER II and ESSER ARP funds for the 2021-2022 fiscal year for proposed items 1.03, 2.03, 2.04, 2.05, 3, 6 and 7, as described in Hayashi’s memorandum dated August 19, 2021, and (2) postpone decision making on proposed items 4.01, 4.02, 4.03 to September 2021. The motion carried unanimously with all members present voting aye.


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

Board Member Voss, Finance and Infrastructure Committee Chairperson, stated that the committee recommended approval of the changes to the Weighted Student Formula proposed by the COW XII for fiscal years 2022-2023 and 2023-2024 to (1) reestablish a $3 million WSF Reserve Fund and annual application process and (2) continue funding of $250,000 for each of the eight designated remote schools currently receiving funding.

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

ACTION: Motion to approve the changes to the Weighted Student Formula proposed by the COW XII for fiscal years 2022-2023 and 2023-2024 to (1) reestablish a $3 million WSF Reserve Fund and annual application process and (2) continue funding of $250,000 for each of the eight designated remote schools currently receiving funding (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

The meeting recessed at 3:11 p.m. and reconvened at 3:21 p.m.


VI. Discussion Items

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

Dianne Tam, public, testified that the interim superintendent manipulates the numbers of COVID-19 cases reported to minimize the crisis and asked if the Department knows how many students are not in school because they are being required to quarantine. She asked that the Board prioritize more options for distance learning, and noted that principals are not trained to be contract tracers and the Department should stop shifting the blame to the Department of Health.

Christine Hanakahi, Ma‘ili Elementary School, testified that she has a right to determine whether or not to be vaccinated and expressed concern she will be facing termination if not tested or vaccinated.

Christine Belcaid, public, testified that as a mother of three unvaccinated children in two different schools she is in full support of keeping schools open for in-person learning and schools are doing their best to keep children safe.

David Miyashiro, HawaiiKidsCAN, testified that opening schools to in-person learning is complex and that the Department should make it easier to shift to distance learning.

Miriam Clarke, public, testified that she wants the Department to explain its expectations of teachers delivering instruction while in quarantine, since each school and classroom is treated differently.

Lynn Otaguro, public, testified that Hawaii for Safe Return to Schools collected stories and shared data that some schools are not following protocols and urged the Board to listen to stakeholders to make schools safer.

John Johnson, public, testified that as a parent he would like to see numbers of students being quarantined and questioned why everyone cannot do distance learning.

Cheri Nakamura, HEʻE Coalition, testified that during a crisis there needs to be a unified process map so families know what to expect and she recommended a process. She stated that information and communication is absolutely necessary and offered to work with the Department to develop this process so families and stakeholders can ensure that students are safe and can continue to learn.

Cara Flores, Hale Hawaii Founder, testified that the COVID-19 pandemic is worse than ever and the Department is doing less to protect students. She stated that the Department should be encouraging distance learning for any family that wants it and should feel supported to keep their children home.

Sean Witwer, Farrington High School, testified in opposition to the COVID-19 mitigation strategies of masking, social distancing, and promoting vaccinations because they can be psychologically and physically harmful.

Maiya Leibowitz, public, testified regarding the lack of distance learning options when Hawaii has approximately 700 COVID-19 cases per day and stated that she wants to be in school but it is not safe and her parents decided to temporarily pull her out of school.

Rebecca Hadley-Schlosser, Hawaii State Teachers Association and Nanaikapono Elementary, testified that she cannot believe that the distance learning option is available for very few students.

Osa Tui, Hawaii State Teachers Association (“HSTA”), asked why the Board continues to hold meetings online when students have to report to campus. He stated that the Department has no plans to collaborate with HSTA and requested that the Board direct the Department to collaborate with HSTA.

Mireille Ellsworth, Hawai‘i for a Safe Return to Schools, testified that if the Board wants students on campus then indoor air quality must be addressed because if the facilities are not safe then preventable deaths and lifelong health issues will occur.

Kalima Kinney, The Volcano School of Arts & Sciences, advocated for the Department to enter into a Memorandum of Understanding with HSTA to provide for the safety of students, teachers and staff following the Department of Health (“DOH”) guidance for schools.

Julie Reyes Oda, Nanakuli High and Intermediate School, asked for assistance from the Board and commitment from the Department to keep schools open and students learning and shared the concerns of teachers in the Leeward area.

Susan Pcola-Davis, public, testified on the Department’s weekly report of COVID-19 cases and stated that she stratified the data and shared that elementary schools reported 181 cases or 55.69 percent, intermediate schools had 17 cases or 17.53 percent, and high schools had 80 cases or 24.61 percent.

Dayna Moore, Hawai‘i COVID-19 Healthcare Provider Taskforce, testified that she requested distance learning for her daughter on July 23 and has not received any further information.

Linda Elento, public, testified that she was pleased to hear that parents would have a choice for their students to use a distance learning option, but expressed disappointment that complex area superintendents would determine who could participate in the program.

Board Chairperson Payne called on Keith Hayashi, Interim Superintendent, to present on the opening of schools for the 2021-2022 school year.


Hayashi stated that before proceeding into the formal portion of the presentation he wanted to address concerns he heard during testimony and noted that the Department has systems in place to ensure learning environments are safe. He stated that science shows that the pandemic will not end and in-person learning cannot end because schools support students not only with instruction, but also with mental health services, healthy meals, socialization with teachers and peers, and other learning activities.

Hayashi noted that it will take all of us coming together because what matters most is our students. He stated that everyone must remind students to wear masks since schools are a reflection of our communities and schools need to be protected.

Hayashi explained that beginning on slide two of the presentation, the Department will continue to prioritize in-person learning since it is critical for all students who receive instruction to have access to mental health services, healthy meals, socialization with teachers and peers, afterschool programming, and extracurricular activities. He stated that the Department is about two weeks into the new school year and it has been refreshing to see the enthusiasm and energy in schools and that he was impressed to see the work schools are doing to ensure students can be back in school learning safely.

Hayashi recognized that there are positive cases at this time, but noted that there are processes in place to mitigate the spread of COVID-19 so learning can continue. He stated that the Department will focus on three priorities for students -- attendance, academics and social emotional learning (“SEL”).

Hayashi explained that for attendance the Department will track whether students are showing up and, if not, determine how to bring them back to campus and re-engage them.

Hayashi explained that to address academics, the Department needs to know where learning loss is occurring to help determine what support is needed. He also explained that the Department needs to assess how the students are doing socially and emotionally after spending almost 17 months away from school, networks of friends, and trusted adults and that the Department needs to care for the wellbeing of staff. Hayashi stated that another priority is to ensure the safe return for all in the public school system.

Hayashi stated that the Department’s overall strategy is known as 3-1-1 which translates to three priorities for students (attendance, academics, and SEL); one priority for staff and their wellbeing; and one priority for the system to ensure a safe return for all. He explained that due to the increase in COVID-19 cases in the broader community, the Department’s focus has been to ensure the health and safety of the system.

Hayashi stated that the Department has developed data indicators to track the important work for 3-1-1 priorities. He stated that by assessing attendance, academics and SEL the Department will be able to create a new baseline that will be the basis of action plans to strategically match resources to actual needs with the goal of meeting students where they are.

Hayashi explained that the data indicators will track the following: (1) active attendance, chronic absenteeism, and exit data; (2) universal screener, progress towards on-time graduation, curriculum and grade marks; and (3) the SEL survey. He noted that these indicators will be used to establish a baseline and as the year progresses he looks forward to working with the Board to measure progress.

Hayashi stated that slide four shows the data indicators for staff well-being will use an SEL survey, and an end of year teacher survey. He also stated for the system priority around health and safety the Department is focusing efforts on continuing to promote vaccinations for everyone and is one of the core strategies established by DOH.

Hayashi stated the Department’s partnerships allowed for the hosting of 138 school based vaccination events and that the elementary schools stand ready to begin hosting events once the vaccine is approved for those under the age of twelve. He also stated that another layer of protection is based on Governor Ige’s vaccination and testing program for state employees, which was announced on August 5, 2021 and put into effect on August 16, 2021. Hayashi acknowledged that the Office of Talent Management and Office of Information and Technology Services developed a new system to comply with the Governor’s mandate and announced last week that all Department employees will be required to be tested weekly for COVID-19 unless the employee can certify and provide proof of full vaccination. Hayashi noted that the requirement applies to all employees including salaried and casual hires, substitutes, and volunteers. Hayashi emphasized that this is a testing requirement and not a vaccine requirement, that there is no religious exemption for testing, and employees may reach out to an equity specialist in the Department’s Civil Rights and Compliance Branch with any concerns. He also explained that in order for an employee to comply they will need to upload proof of vaccination or testing and have it approved by a supervisor. Hayashi stated that the deadline for compliance was extended to August 30, 2021. Hayashi stated that the Department continues to explore how to expand screening testing for all employees, casual hires and volunteers at schools.

Phyllis Unebasami, Deputy Superintendent, stated that slide 5 of the presentation shows what the Department is doing to manage in-person learning to ensure a safe return for all and that she regularly communicates with DOH on the latest information and COVID-19 pandemic prevention strategies. She explained that on July 9, 2021 the Centers for Disease Control revised guidelines, on July 26, 2021 DOH published their revised guidelines for schools, and that by July 30, 2021 the Department published health and safety updates. Unebasami stated that this information is available on the Department’s website and the Department will continue to practice core mitigation strategies of promoting vaccinations, mask wearing, and hand hygiene.

Unebasami shared that slide 6 provides an overview of distance learning options, although the majority of students have returned for in-person instruction. She explained that the student, parents, and administrators to determine whether distance learning is the best option and that distance learning may be offered at the school, complex area, or state level and may be synchronous or asynchronous depending on availability of teachers. Unebasami further explained that should distance learning not be available, the Office of Curriculum and Instructional Design has developed a distance learning program for Kindergarten to Grade 8 using the K-12 Strive program. She stated that high school students will be given six courses in order to earn credits towards graduation, but clarified that the state program has limited capacity due to staffing and that the Department has been actively recruiting teachers to meet the current needs. Unebasami noted that the Department is focused on bringing all students back to campus for in-person learning, so distance learning options are limited.

Unebasami detailed slide 7, which outlined the communication process of COVID-19 case reporting and notification of close contacts.
Unebasami explained that slide 8 provides information on the different tiers and updated health and safety guidance from DOH. She stated that the Department will continue to focusing on the four essential strategies of: (1) hand hygiene; (2) staying home when sick; (3) universal masking; and (4) promoting vaccinations. Unebasami noted that physical distancing is an additional mitigation strategy and should be implemented to the greatest extent possible, but should not exclude students from in-person learning.

Unebasami addressed comments about schools not having to follow social distancing requirements by noting that the most recent guidance issued on August 4, 2021, states when it is not possible to maintain a physical distance of at least three feet, other mitigation strategies shall be used. She stated that as the situation changes, the guidance will be updated and the Department will continue to update and prioritize in-person learning and commit to keep school campuses open.

Hayashi shared that he believes schools are vital because schools provide students with much needed support, services, and activities. He explained that slide 9 includes additional protections put in place for all student athletes, coaches, and volunteers. Hayashi explained that in order to participate in school-sanctioned athletics, student athletes will need to be fully vaccinated by September 24, 2021. He explained that DOH recommended cancelling sports this year because of increased COVID-19 case counts and community transmission rates, but the Department wanted to do everything possible to ensure students could participate in sports. Hayashi also noted that DOH has the administrative authority to adopt or amend immunization requirements for public school students. He stated that athletics do not affect core curriculum or credit for graduation and that the Department is prioritizing health and safety.


Board Member Barcarse stated that he would like a better understanding of distance learning, specifically the data on the current demand for distance learning versus the current capacity. He also asked how are available seats being prioritized for distance learning, what is being done to increase the number of opportunities, and (3) what is the projected timeline for increasing the number of distance learning seats to address potential need because of the Delta variant.

Terri Ushijima, Interim Assistant Superintendent, Office of Curriculum and Instructional Design replied that the state level distance learning program received referrals for 660 students and the Department has been able to provide seats to 450 students with 245 students on the waiting list. She explained that to increase opportunities for students the Department is looking to hire more teachers. Ushijima shared that the Department anticipates adding six classes in the upcoming weeks and that many of the new hires are from out of state, but they could relocate within a short time.

Board Member Barcarse commented that 660 requests for distance learning seems low based on what he has heard in the community. Ushijima replied that 660 is the number of referrals, but the Infinite Campuses software programs shows 2,315 students are receiving distance learning.

Board Member Barcarse noted that the larger number is more in alignment with what he has been hearing in the community. He asked about the timeline to meet the current demand and how available seats are being prioritized.

Ushijima replied that the timeline is subject to hiring more teachers before opening up more classes and that for the state distance learning program, referrals are received from schools and are prioritized based on first come, first served basis.

Board Member Barcarse noted that the first come, first serve approach is easy, but he expressed concern that those who need it the most may not able to access the program. He also asked if teachers hired for distance learning must reside in Hawaii. Ushijima replied that teachers are required to reside in the state.
Board Member Barcarse asked if there are any exceptions to this requirement and whether it is possible to change this requirement to create more opportunities for students to get highly qualified distance learning teachers.

Board Member Voss expressed appreciation for the efforts of Hayashi and school leaders for the continuation of in-person learning. He asked about the approximate percentage of school staff that are currently vaccinated. Hayashi replied that the Department is capturing that data right now, as teachers and staff upload their data in the Department’s electronic human resources database.

Board Member Voss asked if there was an approximate range as of right now. Hayashi reported that more data will be available in the coming week but approximately as of right now 14,330 vaccinations have been reported. Sean Bacon, Assistant Superintendent of the Office of Talent Management added that of the 14,300 employees who submitted their vaccination information, 11,100 have indicated that they are fully vaccinated.

Board Member Voss asked if it is correct that, based on the Department’s daily reports, there is no evidence of clusters in Hawaii public schools. Hayashi replied that is correct. He reported that as of today, the Department recorded 378 cases on campuses including employees and students; however, 330 of these cases were not on campus during infection, which leaves 48 cases on campus out of over 200,000 students in the system. The data indicate there is no spread on campus and there have been no reports from DOH to state otherwise.

Board Member Voss asked Hayashi to address recent allegations made at press conferences that the Department not listening to school staff by explaining what the Department is doing to gather workplace safety issues. He also asked whether the Department open to adjusting procedures depending on the feedback.

Hayashi stated that the Complex Area Superintendents (“CAS”) have been very active in communicating with school principals, and school principals have been working hard with teachers and staff to ensure safety at schools. He noted that if there are incidents, they can be addressed through the proper channels. He also stated that schools are working hard to implement the core strategies and expressed appreciation for all levels of employees in the Department for their efforts.

Board Member Voss stated that the press conferences in the last couple of days his opinion are not productive and confuse the public. He noted that clear, consistent communication to all stakeholders is the key to avoiding misunderstandings.

Board Vice Chairperson Uemura asked if there is an established scope for distance learning and whether the teacher only assign works or provides synchronous assistance, if the student needs help.

Ushijima replied that for the state distance learning program, there is a teacher assigned to about 30 students with a synchronous and asynchronous schedule, which includes times to sign on in the morning, different subjects, and daily office hours.

Board Vice Chairperson Uemura stated that his understanding is that in addition to assigning work, teachers will meet synchronously with students at scheduled times.

Ushijima replied that it depends on the grade level, for example, for Kindergarten to Grade 8, the Department is using the K-12/Stride program for instructional materials, but teachers are also looking at age appropriate instructional strategies to engage students. She stated that for high school students, teachers provide instruction and assignments.

Board Vice Chairperson Uemura asked if it is a fair statement that some students do not have synchronous instruction because it is not available. Ushijima replied that some programs are asynchronous which relies on a responsible caring adult with the student and if the students are using the K-12/Stride program there is a 24-hour help desk available to students, parents, and teachers.

Board Vice Chairperson Uemura asked if the Department knows the number of students participating in the program in each of the elementary, middle and high school levels. He also stated that there is a waiting list so the Department will need to hire teachers based on the demand per grade level.

Ushijima replied that for the state level distance learning plan, the Department is still determining the need based on how many students are on the waiting list. She explained that the Department can share this information by grade level for the state level distance learning program, but that the Department will need to get that information from individual schools and complex areas that are offering distance learning programs. Ushijima reported that there are 2,315 students in distance learning which is equivalent to 1.4% of the student population.

Board Vice Chairperson Uemura stated that in past conversations he believed that the number would be closer to 5%. Ushijima replied that percentages vary by complex area.

Board Vice Chairperson Uemura asked about the previous comments from Board Member Barcarse on exemptions for hiring out of state teachers to get a bigger pool of candidates to teach distance learning.

Bacon stated that current telework guidelines stipulate that all employees be in state while on telework and OTM is putting a committee together with leaders from the Department to review current guidelines to determine if modifications or adjustments need to be made.

Board Vice Chairperson Uemura asked if this requirement is in Department guidelines or state law. Bacon replied that the Department has some legal issues that need to be addressed relating to workers compensation and possible tax considerations that may make the employees subject to other states laws. Board Vice Chairperson Uemura stated that this should be a priority and suggested that the Department reach out to other school districts to see what they are doing.

Board Vice Chairperson Uemura asked if there are any contingency plans in place to address closing school campuses due to COVID-19 and what the threshold for such closure.

Hayashi replied that given the current conditions, the Department is monitoring schools and that the Department defers to the DOH as the medical experts to determine when the closure of school campuses is necessary.

Board Vice Chairperson Uemura clarified that there are no plans right now and that the Department will rely on DOH for guidance on closing school campuses or converting to distance learning due to high case counts in schools. Hayashi replied that is correct and that the Department will review an array of factors to evaluate those situations and the Department is working on different options.

Board Vice Chairperson Uemura expressed appreciation that the Department understands that this is a possibility and the need to look for options.

Board Member Bill Arakaki stated that it is important to hear updates from the Department and that communication has been a big component to provide the necessary supports for schools. He asked what resources are available to provide communication in a timely manner, like a video broadcast, which could be an opportunity to answer questions from the community.

Hayashi replied that the Department posts a lot of information on its website, and as required by law, will post the number of COVID-19 cases weekly. He also stated that the Department will look into seeing what other options are available to address concerns.

Board Member Shanty Asher expressed appreciation to the Department’s leadership for continued efforts to be there for students during this time. Asher asked the following questions: (1) what is the process to request distance learning and whether it is parent initiated; (2) why are there 450 students on the waiting list; (3) is the waiting list using first come, first served or are other factors taken into consideration; (4) is the Department considering distance learning for those who test positive and need to quarantine; and, (5) what communication process do schools have in place to send messages to parents regarding positive cases, and is this communicated to all parents or just those in the affected classroom.

Asher stated that some schools provide an option to opt out and do homeschooling and she is asking schools to consider this process because there are additional questions to ask parents to determine whether they have the ability to provide homeschooling. She noted that many parents do not understand since it is not the same as pulling out for a short amount of time to do distance learning.

Ushijima explained that the referral process starts with the parent making the request; then the principal reviews the student’s academic, social, and emotional needs, previous attendance records, and any other information available to make the determination if distance learning is an appropriate way for the student to receive instruction.

Heidi Armstrong, Assistant Superintendent of the Office of Student Support Services stated that regarding communication to parents and what is going on with COVID-19 in schools, when the school has a positive case, the school will figure out who may have been a close contact (around that student within 3 feet in the classroom or 6 feet outside of the classroom for longer than 15 minutes). She stated that following the notification to close contacts, the school will send mass notifications to the entire school community to inform parents of the positive case.

Hayashi stated that the Department will ensure schools communicate clearly with parents regarding exactly what homeschooling means versus distance learning.

Board Member Namauʻu stated that it has been brought to her attention that students are being sent home to quarantine for 10-14 days and she would like to know whether these students are receiving instruction. She also asked if the Department has guidance or if this is left to the schools and what does this means in terms of the students' absences from school.

Hayashi stated that the Department is providing an array of learning by sending home learning packets, assignments via Google classroom and both asynchronous and synchronous instruction with teachers. He shared that students in quarantine at home are not marked as absent since they are connected to teachers.

Namauʻu commended the Leilehua-Mililani-Waialua complex area for developing the Pineapple Academy and being proactive and recognizing something needed to be created for students and she expressed that she wished more complexes were proactive to make this happen for their students.

Hayashi noted that he needed to correct his previous statement because currently students are marked as excused if on quarantine and the Office of Strategy, Innovation and Performance is working with a vendor on not counting students as absent since they are engaged in learning and is working on this.

Board Member Fallin expressed appreciation with the 3-1-1 priorities for being easy to remember and the strategy for communicating information. She asked about attendance rates.

Hayashi replied that attendance numbers are down across the state, especially in Grades 1, 2, 3, 4, 5, 9, and 10, which are at 89-90 percent. He explained that having attendance as a goal is appropriate because the Department needs to find students where the students are and school counselors and staff are working hard to bring the numbers up.

Board Member Fallin asked if there are concerns about chronic absenteeism and asked about Hayashi’s thoughts on the challenges.

Hayashi replied that within attendance, chronic absenteeism is a data indicator because students who are absent for 10 or more days are chronically absent, but the Department is working with a vendor to adjust how students are tracked in the attendance system because since some students are still learning while in quarantine.

Board Member Fallin asked if a student in quarantine is counted as excused. Hayashi replied that the students are marked as excused absent, but the Department is looking to get this adjusted since students are still learning.

Board Member Arakaki stated that the HEʻE Coalition mentioned several good ideas relating to a hotline and asked if this is in place.

Armstrong replied that the Department is fortunate to have a partnership with the University of Hawaii, School of Nursing and Hawaii Keiki Nurses who staff a health hotline (1-844-436-3888). She also shared that from May 1, 2021 to July 2021 the hotline was most active having received 502 calls from the community to answer questions relating to schools and health information.

Board Student Representative Kyla Musso stated that students understand the risks of attending school for in-person instruction but the benefits are huge as students are able to get a more well rounded education than what could be achieved online. She also stated that the Department’s creation of a distance learning option is appreciated for those not comfortable with returning to campus and with the rise in COVID-19 cases, it is nice to know that the Department is looking for ways to expand distance learning options while trying to find adequate staff. Board Student Representative Musso noted that there is room for improvement in trying to enforce COVID-19 safety guidelines, but recognized that everyone at schools are doing their absolute best to transition during the first quarter and are trying to keep as many options open while balancing preferences and health and safety.

Hayashi expressed gratitude for the comments and noted that the student voice is very critical and he looks forward to hearing more from students.

Board Chairperson Payne asked if the Department is looking within its own ranks for hiring teachers for distance learning. Bacon replied that the option was considered, but the Department did not want to pull teachers from classrooms.

Board Chairperson Payne asked if the vaccination rates shared apply to teachers or all Department employees. Bacon replied that rates were out of all Department employees.

Board Chairperson Payne asked how the Department will monitor its testing policy. Bacon replied that the Department has a weekly testing requirement but employees can show their vaccination status or upload their test results, which is good for 7 days from when the employees take the test.

Board Chairperson Payne asked whether, at the school level, it will be the principal’s responsibility to follow up with employees who need to fulfill this requirement. Bacon replied that is correct and the principals can ask for assistance if needed from OTM.


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

Tyler Dos Santos-Tam, Lima Noʻeau Career Academy, testified that a number of issues have been brought before the Board and expressed frustration with the State Public Charter School Commission (“Commission”).

Rana Boone, Maui Academy of Arts and Sciences, testified that the Commission has not accepted new charter applications since spring 2018 and noted that the Commission rejected 11 out of 12 schools at the intent to apply phase.

Board Chairperson Payne stated that the Commission requested a three-month extension to submit its required response form. She explained that while she did not grant the full extension, she did grant the Commission a one-month extension, which shifts the timeline of the evaluation. She noted that the details are in her memorandum in the meeting materials and noted that the memorandum also describes who will be serving on the evaluation team, which makes the performance evaluation recommendation to the Board.


VII. Late Public Testimony on Board Agenda Items

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

Burke Burnett, Hawaii for a Safe Return to School, testified on agenda item VI.A on opening schools for the 2021-2022 school year. He stated that he submitted an open letter to the Board and Governor Ige, signed by 500 individuals and is aware of hundreds of health and safety guidelines not being followed.

Heather Moselle, public, testified on agenda item VI.A on opening schools for the 2021-2022 school year. She testified that she cannot understand inadequate ventilation and clear health and safety measures in schools and asked the Board to create a memorandum of understanding which facilitates safe and distance learning.

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


Name
Organization
Agenda Item
Diane Favreau-ChangVI. A. Presentation on opening schools for the 2021-2022 school year
Trent NakashimaVI. A. Presentation on opening schools for the 2021-2022 school year
Pua MedeirosVI. A. Presentation on opening schools for the 2021-2022 school year
Tai BairdVI. A. Presentation on opening schools for the 2021-2022 school year
Michelle MurrayVI. A. Presentation on opening schools for the 2021-2022 school year
Lawrence FrankVI. A. Presentation on opening schools for the 2021-2022 school year
David MiyashiroHawaiikidsCANIV. B. Finance and Infrastructure Committee Report on the Presentation on Department’s allocation plan for use of federal funds in the second round of the ESSER II and in the third round of ESSER ARP; & VI. A. Presentation on opening schools for the 2021-2022 school year
Jennifer CorpionVI. A. Presentation on opening schools for the 2021-2022 school year
Nora SkolnickVI. A. Presentation on opening schools for the 2021-2022 school year
Miriam ClarkeVI. A. Presentation on opening schools for the 2021-2022 school year
Kathy Tanita OhamaVI. A. Presentation on opening schools for the 2021-2022 school year
Sarah TottenVI. A. Presentation on opening schools for the 2021-2022 school year
Mr. HugheyIV. B. Finance and Infrastructure Committee Report on the Presentation on Department’s allocation plan for use of federal funds in the second round of the ESSER II and in the third round of ESSER ARP
Derek BishopVI. A. Presentation on opening schools for the 2021-2022 school year
Bianca Cappello VI. A. Presentation on opening schools for the 2021-2022 school year
Charles CappelloVI. A. Presentation on opening schools for the 2021-2022 school year
Aaron KuboVI. A. Presentation on opening schools for the 2021-2022 school year
Cheri NakamuraHEʻE CoalitionVI. A. Presentation on opening schools for the 2021-2022 school year
Laura Paet-TamboaVI. A. Presentation on opening schools for the 2021-2022 school year
Osa Tui, Jr.
Logan Okita
Lisa Morrison
Aaron Kubo		HSTA, PresidentVI. A. Presentation on opening schools for the 2021-2022 school year
Alexandra ObraPrincipal, Waiahole Elementary SchoolVI. A. Presentation on opening schools for the 2021-2022 school year
John JohnsonVI. A. Presentation on opening schools for the 2021-2022 school year
Jacie MiyashiroVI. A. Presentation on opening schools for the 2021-2022 school year
Susan Pcola-DavisVI. A. Presentation on opening schools for the 2021-2022 school year
Jennifer Luke PaynePrincipal, Kaʻaʻawa Elementary SchoolVI. A. Presentation on opening schools for the 2021-2022 school year
Lynn OtaguroHawaii for Safe Return to SchoolVI. A. Presentation on opening schools for the 2021-2022 school year
Dean LiskumVI. A. Presentation on opening schools for the 2021-2022 school year
S.L. VI. A. Presentation on opening schools for the 2021-2022 school year
Dakota L.VI. A. Presentation on opening schools for the 2021-2022 school year
John FitzpatrickVI. A. Presentation on opening schools for the 2021-2022 school year
D. MullenVI. A. Presentation on opening schools for the 2021-2022 school year
Michael MontoyaVI. A. Presentation on opening schools for the 2021-2022 school year
C. BurghardtVI. A. Presentation on opening schools for the 2021-2022 school year
Mireille EllsworthVI. A. Presentation on opening schools for the 2021-2022 school year
Burke BurnettHawaii for a Safe Return to SchoolsVI. A. Presentation on opening schools for the 2021-2022 school year
Christine RussoVI. A. Presentation on opening schools for the 2021-2022 school year
Joe AdornoVI. A. Presentation on opening schools for the 2021-2022 school year
Kristin WolfgangVI. A. Presentation on opening schools for the 2021-2022 school year
Kini KaawaVI. A. Presentation on opening schools for the 2021-2022 school year
Mia-Pia Cummins-Van HerrewegheVI. A. Presentation on opening schools for the 2021-2022 school year
Lima Noʻeau Career AcademyVI. B. Update on the timeline for and evaluation team tasked with conducting the performance evaluation of the State Public Charter School Commission
Jennifer GrantVI. A. Presentation on opening schools for the 2021-2022 school year
Dianne TamVI. A. Presentation on opening schools for the 2021-2022 school year
Kim VirtudazoVI. A. Presentation on opening schools for the 2021-2022 school year
Sean WitwerVI. A. Presentation on opening schools for the 2021-2022 school year
Austin AmesVI. A. Presentation on opening schools for the 2021-2022 school year
Katie Tursi LeeVI. A. Presentation on opening schools for the 2021-2022 school year
Nicole AmesVI. A. Presentation on opening schools for the 2021-2022 school year
Rose GladVI. A. Presentation on opening schools for the 2021-2022 school year
MariaDonell ThomasVI. A. Presentation on opening schools for the 2021-2022 school year
D. MullenVI. A. Presentation on opening schools for the 2021-2022 school year
Monica CasertaVI. A. Presentation on opening schools for the 2021-2022 school year
Kelly DuellVI. A. Presentation on opening schools for the 2021-2022 school year
Rebecca MarshVI. A. Presentation on opening schools for the 2021-2022 school year
Jennifer UenoVI. A. Presentation on opening schools for the 2021-2022 school year
Christopher MioneVI. A. Presentation on opening schools for the 2021-2022 school year
David NegaardVI. A. Presentation on opening schools for the 2021-2022 school year
Debbie AndersonVI. A. Presentation on opening schools for the 2021-2022 school year
Noelani MokuVI. A. Presentation on opening schools for the 2021-2022 school year
Larissa JohnsonVI. A. Presentation on opening schools for the 2021-2022 school year
Ava SantosVI. A. Presentation on opening schools for the 2021-2022 school year
Andi SchlossVI. A. Presentation on opening schools for the 2021-2022 school year
Katy ParsonsVI. A. Presentation on opening schools for the 2021-2022 school year
Jasmine DeCostaVI. A. Presentation on opening schools for the 2021-2022 school year
Anna AlvesVI. A. Presentation on opening schools for the 2021-2022 school year
Liberty FurchgottVI. A. Presentation on opening schools for the 2021-2022 school year
Katherine KolleVI. A. Presentation on opening schools for the 2021-2022 school year
Charlotte Godfrey-RomoVI. A. Presentation on opening schools for the 2021-2022 school year
Carlton LovingVI. A. Presentation on opening schools for the 2021-2022 school year
Katie HearlVI. A. Presentation on opening schools for the 2021-2022 school year
Susan Owens-DelucchiVI. A. Presentation on opening schools for the 2021-2022 school year
Kelly DuellVI. A. Presentation on opening schools for the 2021-2022 school year
Jennifer BennettVI. A. Presentation on opening schools for the 2021-2022 school year
Jen SarpiVI. A. Presentation on opening schools for the 2021-2022 school year
Wayne YanagisawaVI. A. Presentation on opening schools for the 2021-2022 school year
T. HoltVI. A. Presentation on opening schools for the 2021-2022 school year
Sienna MakarewiczVI. A. Presentation on opening schools for the 2021-2022 school year
Vanessa PiconVI. A. Presentation on opening schools for the 2021-2022 school year
Jenna FearVI. A. Presentation on opening schools for the 2021-2022 school year
Annie ZamberVI. A. Presentation on opening schools for the 2021-2022 school year
Mike LandesVI. A. Presentation on opening schools for the 2021-2022 school year
Abigail HobbsVI. A. Presentation on opening schools for the 2021-2022 school year
Graham DeVeyVI. A. Presentation on opening schools for the 2021-2022 school year
Logan NewbillVI. A. Presentation on opening schools for the 2021-2022 school year
Dwayne AbuelVI. A. Presentation on opening schools for the 2021-2022 school year
Richard StangeVI. A. Presentation on opening schools for the 2021-2022 school year
Katherine ShinsatoVI. A. Presentation on opening schools for the 2021-2022 school year
Tamisha LeeVI. A. Presentation on opening schools for the 2021-2022 school year
Valerie SimmonsVI. A. Presentation on opening schools for the 2021-2022 school year
Gordon PiianaiaVI. A. Presentation on opening schools for the 2021-2022 school year
Jennifer KramerVI. A. Presentation on opening schools for the 2021-2022 school year


VIII. Adjournment

Board Chairperson Payne adjourned the meeting at 5:47 p.m.