February 16, 2023

DRAFT

STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, February 16, 2023

PRESENT:
Bruce Voss, Chairperson
Kaimana Barcarse, Vice Chairperson
Bill Arakaki
Shanty Asher
Lynn Fallin
Ken Kuraya
Lauren Moriarty
Kili Namauʻu

EXCUSED:
Makana McClellan

ALSO PRESENT:
Maverick Yasuda, Student Representative
Colonel Michael Minaudo, Military Representative
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary

I. Call to Order

Board Chairperson Bruce Voss called the Board of Education (“Board”) General Business Meeting to order at 1:32 p.m. Board Chairperson Voss, Board Vice Chairperson Kaimana Barcarse, and Board Members Bill Arakaki, Lynn Fallin, Lauren Moriarty, and Kili Namauʻu were present.

II. Public Testimony on Board of Education (“Board”) Agenda Items

Board Chairperson Voss called for public testimony.

Board Member Shanty Asher entered the meeting at 1:33 p.m.

Abigail Rose, member of the public, testified on agenda item VI.A., entitled “Board Action on amendment of Board Policy 900-3, entitled ‘Religion and Public Schools.’” She stated that she is a veteran teacher, emphasized that students’ brains develop differently from adults, and shared a personal experience she had during school relating to prejudice she experienced because of religion.

Board Member Ken Kuraya entered the meeting at 1:36 p.m.

Ryan-Nicholas Luther, member of the public, testified on agenda item VI.A., entitled “Board Action on amendment of Board Policy 900-3, entitled ‘Religion and Public Schools.’” He noted that the amendment to the policy would allow employees to engage in brief and quiet personal observances and asked the Board to review where job responsibilities end for employees when they are on school campuses.

Julie Reyes Oda, member of the public, testified on agenda item VI.A., entitled “Board Action on amendment of Board Policy 900-3, entitled ‘Religion and Public Schools.’” She expressed her respect for the religious rights of employees and students, asked if things like clothing are covered under the policy and recommended adding “and employees” to the third sentence to make it consistent with the rest of the policy.

Frank Rodriguez, member of the public, testified on agenda item VI.B., entitled “Board Action on amendment of Board Policy E-2, entitled ‘Mission, Vision, Values, and Beliefs.’” He expressed concern that the vision statement does not include parents and emphasized the importance of keeping parents involved since strong family values at home help education.

Cynthia Bartlett, Honolulu County Moms for Liberty, testified on agenda item VI.B., entitled “Board Action on amendment of Board Policy E-2, entitled ‘Mission, Vision, Values, and Beliefs.’” She stated that Representative Justin Woodson encouraged parents to speak with the Board about cultural relevance and social emotional learning and asked if parents are informed about mental health at school or if it is done without parental permission.

Ryan-Nicholas Luther, member of the public, testified on agenda item VI.B., entitled “Board Action on amendment of Board Policy E-2, entitled ‘Mission, Vision, Values, and Beliefs.’” He stated that the current version of Board Policy E-2 is good, that he is not sure why it was largely deleted and replaced, and asked the Board to evaluate what it is thinking about deleting.

Jessica Caiazzo, member of the public, testified on agenda item VI.B., entitled “Board Action on amendment of Board Policy E-2, entitled ‘Mission, Vision, Values, and Beliefs.’” She stated that the Board held a community meeting for parents and she was told it would take time to implement, but she does not believe that the Board is addressing the issues raised at the community meeting.

Board members received written testimony before the meeting. (A listing of the people who submitted written testimony before the meeting is included at the end of these minutes.)

III. Approval of Meeting Minutes of January 19, 2023 Special Meeting, January 19, 2023 General Business Meeting, February 2, 2023 Special Meeting

Board Chairperson Voss asked Board members to review the Board’s January 19, 2023 Special Meeting, January 19, 2023 General Business Meeting, February 2, 2023 Special Meeting minutes.

Board Vice Chairperson Barcarse moved to approve the Board’s January 19, 2023 Special Meeting, January 19, 2023 General Business Meeting, February 2, 2023 Special Meeting minutes. Board Member Kuraya seconded.

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

ACTION: Motion to approve the Board’s January 19, 2023 Special Meeting, January 19, 2023 General Business Meeting, February 2, 2023 Special Meeting minutes (Barcarse/Kuraya). The motion carried through unanimous consent from all members present.

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

Human Resource Committee Report on: (1) Committee Action on recommendation concerning declaration of annual reduction in force (“RIF”) for classified employees to initiate collectively bargained placement rights for employees displaced due to changes in staffing needs

Board Vice Chairperson and Human Resources Committee Chairperson Barcarse reported that the Committee approved the meeting minutes of October 6, 2022 and took action on the recommendation concerning declaration of annual RIF for classified employees to initiate collectively bargained placement rights for employees displaced due to changes in staffing needs.

V. Public Testimony on Board Agenda Items

Board Chairperson Voss called for public testimony. No one testified at this time.

VI. Action Items

Board Action on amendment of Board Policy 900-3, entitled “Religion and Public Schools”

Board Chairperson Voss explained that the United States Supreme Court ruled on a landmark case, holding that the First Amendment protects an individual engaged in a brief, quiet, personal religious observance during a private moment. He stated that the Board should consider amending Board Policy 900-3, entitled “Religion and Public Schools,” in light of the ruling.

Board Vice Chairperson Barcarse moved to adopt amended Board Policy 900-3, entitled “Religion and Public Schools,” attached as Exhibit C to Board Chairperson Voss’s memorandum dated February 16, 2023. Board Member Kuraya seconded.

Board Member Moriarty expressed support for the amendment and stated that she agreed with the testimony that suggested adding “and employees” to the third sentence makes sense. She moved to further amend the policy to include “and employees,” to the third sentence. Board Chairperson Voss suggested that if there are any other amendments, that the Board take those under consideration at one time.

Board Member Fallin asked if the attorney general's office reviewed and approved of the amendment in terms of alignment with the Supreme Court ruling. Board Chairperson Voss confirmed and noted that the attorney general’s office drafted the recommended language for approval.

Board Member Moriarty stated that her proposed amendment was not reviewed by the attorney general's office. Board Chairperson Voss replied that he does not see any issues with the proposed amendment, but the attorney general’s office would be tasked with defending the policy if challenged in court. He explained that part of the Board strategic plan is to conduct a review of all Board policies.

Board Member Moriarty stated that she would withdraw her proposed amendment so that the Board can timely amend the policy.

Board Member Arakaki expressed appreciation for the proposed amendment and shared that Kauai school administrators asked him when they would be provided with the opportunity to provide feedback and ask questions about implementation.

Board Chairperson Voss clarified that the Department should have procedures that invite school administrators can have these discussions with the Department and emphasized that it is not the Board’s expectation that school administrators take on the role of an attorney when implementing this policy.

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

ACTION: Motion to adopt amended Board Policy 900-3, entitled “Religion and Public Schools,” attached as Exhibit C to Board Chairperson Voss’s memorandum dated February 16, 2023 (Barcarse/Kuraya). The motion carried unanimously with all members present voting aye.

Board Action on amendment of Board Policy E-2, entitled “Mission, Vision, Values, and Beliefs”

Board Chairperson Voss stated that the Board adopted the first phase of its new strategic plan, which includes a new vision, a new mission, and new core values, at the Board’s February 2, 2023, Special Meeting. He stated that the Board should amend Board Policy E-2, entitled “Mission, Vision, and Values,” as a matter of housekeeping.

Board Vice Chairperson Barcarse moved to adopt amended Board Policy E-2, entitled “Mission, Vision, and Values,” attached as Exhibit C to Board Chairperson Voss’s memorandum dated February 16, 2023. Board Member Kuraya seconded.

Board Member Moriarty stated that the Board did discuss many of the concerns raised during public testimony and she expressed comfort with the proposal.

Board Chairperson Voss stated that much of the same language is captured in the vision and other areas of the strategic plan.

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

ACTION: Motion to adopt amended Board Policy E-2, entitled “Mission, Vision, and Values,” attached as Exhibit C to Board Chairperson Voss’s memorandum dated February 16, 2023 (Barcarse/Kuraya). The motion carried unanimously with all members present voting aye.

Board Action on designation of Board Members to an investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)), concerning nomination of individuals to serve as members of the State Public Charter School Commission

Board Chairperson Voss explained that the Board appoints the members of the State Public Charter School Commission (“Commission”) pursuant to statute. He noted that the Board published on its website a call for applications and an application form for those interested in serving on the Commission and notified charter school stakeholders, including governing boards, charter school directors, and the Commission, on February 7, 2023. He stated that applications are due by March 2, 2023.

Board Vice Chairperson Barcarse moved to establish an investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) tasked with nominating individuals to serve as members on the Commission for the Board to consider for appointment. Board Member Fallin seconded.

Board Member Moriarty asked whether the process would be completed before June 30, when some Board member terms end. Board Chairperson Voss confirmed that the process should be completed before June 30.

Board Member Fallin volunteered to serve on the permitted interaction group.

Board Chairperson Voss asked for two more Board members to serve on the committee with Board Members Fallin and Moriarty.

Board Members Namauʻu and Asher volunteered to serve on the permitted interaction group.

Board Member Fallin volunteered to serve as the chair of the committee.

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

ACTION: Motion to establish an investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) tasked with
nominating individuals to serve as members on the Commission for the Board to consider for appointment (Barcarse/Fallin). The motion carried unanimously with all members present voting aye.

Board Vice Chairperson Barcarse moved to designate Board Members Shanty Asher, Lynn Fallin, Lauren Moriarty, and Kili Namau‘u to serve on the investigative committee, with Board Member Fallin serving as chairperson. Board Member Kuraya seconded.

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

ACTION: Motion to designate Board Members Shanty Asher, Lynn Fallin, Lauren Moriarty, and Kili Namau‘u to serve on the investigative committee, with Board Member Fallin serving as chairperson (Barcarse/Kuraya). The motion carried unanimously with all members present voting aye.

Board Action on Human Resources Committee recommendation concerning declaration of annual reduction in force (“RIF”) for classified employees to initiate collectively bargained placement rights for employees displaced due to changes in staffing needs

Board Vice Chairperson and Human Resources Committee Chairperson Barcarse moved, on behalf of the Human Resources Committee, to authorize the Department to commence a RIF for classified employees as described in Hayashi’s memorandum dated February 16, 2023.

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

ACTION: Motion to authorize the Department to commence a RIF for classified employees as described in Hayashi’s memorandum dated February 16, 2023 (Human Resources Committee/no second required). The motion carried unanimously with all members present voting aye.

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

Consultation with the Board’s attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities concerning settlement of

Kimokeo v. Hawaii State Board of Education

(Civil No. 1:20-CV-00525-LEK-RT, U.S. District Court)

Board Chairperson Voss 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 Barcarse moved to enter into executive session to consult with the Board’s attorney on questions and issues pertaining to the matters on the agenda. Board Member Kuraya seconded.

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

ACTION: Motion to move into executive session to consult with the Board’s attorney on questions and issues pertaining to the matters on the agenda (Barcarse/Kuraya). The motion carried through unanimous consent from all members present.

The Board recessed at 2:24 p.m. and reconvened at 2:52 p.m.

VIII. Adjournment

Board Chairperson Voss adjourned the meeting at 2:53 p.m.

List of the people who submitted written testimony before the meeting

NAME	Organization	Agenda Item
Sarah Hofstadter	HALE Hawaii	VI.B. Board Action on amendment of Board Policy E-2, entitled “Mission, Vision, Values, and Beliefs”
Susan Pcola-Davis		VI.B. Board Action on amendment of Board Policy E-2, entitled “Mission, Vision, Values, and Beliefs”
Cheryl B		VI.A. Board Action on amendment of Board Policy 900-3, entitled “Religion and Public Schools”
Abigail Rose		VI.A. Board Action on amendment of Board Policy 900-3, entitled “Religion and Public Schools”
Kyle Shimabukuro		VI.A. Board Action on amendment of Board Policy 900-3, entitled “Religion and Public Schools” & VI.B. Board Action on amendment of Board Policy E-2, entitled “Mission, Vision, Values, and Beliefs”