STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Thursday, November 18, 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 October 1, 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
Lyla Berg
Lynn Fallin
Kili Namauʻu
Bruce Voss

EXCUSED:
None

ALSO PRESENT:
Kyla Musso, Student Representative
Colonel Angenene L. Robertson, Military Representative
Yvonne Lau, Interim Executive Director, State Public Charter School Commission
Keith Hayashi, Interim Superintendent, Department of Education
Ken Kakesako, Acting Director, Policy, Innovation, Planning and Evaluation Branch, 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 1:50 p.m.


II. Approval of Meeting Minutes of October 21, 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 October 21, 2021 General Business Meeting.

Board Vice Chairperson Kenneth Uemura moved to approve the meeting minutes of the Board’s October 21, 2021 General Business Meeting. 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 carried through unanimous consent from all members present (Board Vice Chairperson Uemura, Board Members Bill Arakaki, Shanty Asher, Barcarse, Lyla Berg, Lynn Fallin, Kili Namauʻu, and Bruce Voss).

ACTION: Motion to approve the meeting minutes of the Board’s October 21, 2021 General Business Meeting (Uemura/Barcarse). The motion carried through unanimous consent from all members present.


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

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

Board Member and Human Resources Committee Chairperson Barcarse reported that the Committee approved its minutes from August 19, 2021, and considered four action items. He reported that the committee recommended that Board Member Arakaki serve as the Board’s representative as a member of the employer group for midterm and successor bargaining with the Hawaii Government Employees Association (“HGEA”) Bargaining Unit 6 for the contract period of July 1, 2021 to June 30, 2023 and also as a member of the employer group for successor bargaining with the Hawaii State Teachers Association (“HSTA”) Bargaining Unit 5. Board Member Barcarse also reported that the committee recommended the approval of gender-neutral language in the HSTA Bargaining Unit 5 contract and a proposed memorandum of understanding for a pilot teacher transfer program workgroup.


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

Susan Pcola-Davis, member of the public, testified that the Department is comparing non-high needs students to high-needs and that the data show that both high needs and non-high needs students are struggling.

Board Member and Student Achievement Committee Chairperson Namau‘u reported that the committee met and discussed the analysis of English language arts and math universal screener data for elementary and middle schools. She reported that the presentation included complex area information from Robert Davis, Complex Area Superintendent, Leilehua-Mililani-Waialua and Brenda Vierra-Chun, Principal, Wheeler Middle School about how the school uses the universal screener data. Board Member and Student Achievement Committee Chairperson Namau‘u stated that the entire Department should be focused on figuring out how to support our students in public schools.


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

Board Member Arakaki reported that on November 3, 2021, he attended the We Got You: Education Bright Spots Gathering hosted by the State of Hawaii Teacher Fellows, HawaiikidsCAN, and Teach for America Hawaii. He shared that the virtual event provided an opportunity for over 30 educators, community members, elected officials, and financial leaders, and funders to connect and build relationships to support our schools. Board Member Arakaki stated that presenters shared various projects, including project-based learning, educator connections, and career readiness. Board Member Arakaki stated that he received a presentation from two teachers on rebranding distance learning to make it into a hub for educator-to-educator connections and another presentation on growing meaningful project-based learning that will allow high school students to earn post-secondary credits.

Board Student Representative Kyla Musso reported that she participated in a virtual town hall meeting on October 22, 2021, which was a part of the Council of Great City Schools’ annual conference. She shared that the Council of Great City Schools includes 75 of the largest school districts in the United States and that the mission of this organization is to build capacity in urban education and advocate for inner city students through legislation, research, and media relations. Board Student Representative Musso shared that the town hall’s theme was “Amplifying the voice of students from critical conversations to concrete actions” and that she sat on a panel along with six other student Board representatives from Baltimore, Philadelphia, Nashville, Portland and Minneapolis. She shared that the topics ranged from race inequities, learning through the COVID-19 pandemic, and experiences as student board representatives. Board Student Representative Musso shared that it was important to hear about the challenges other districts are facing and compare them to what Hawaii’s public schools experience. She stated that, as student representatives, she and the other student panelists stated that they would collectively advocate for students to contribute directly to meetings because policies directly affect students.


IV. Action Items

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

Board Member and Human Resources Committee Chairperson Barcarse stated that the committee recommended authorizing Board Member Arakaki to serve on the employer negotiation team for mid-term bargaining and successor contract negotiations with HGEA Bargaining Unit 6 on behalf of the Board, as described in Hayashi’s memorandum dated November 18, 2021.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried with Board Vice Chairperson Uemura, Board Members Asher, Barcarse, Berg, Fallin, Namauʻu, and Voss voting aye and Board Member Arakaki abstaining.

ACTION: Motion to authorize Board Member Arakaki to serve on the employer negotiation team for mid-term bargaining and successor contract negotiations with HGEA Bargaining Unit 6 on behalf of the Board, as described in Hayashi’s memorandum dated November 18, 2021. (Human Resources Committee/no second required). The motion carried with seven ayes and one abstention.


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

Board Member and Human Resources Committee Chairperson Barcarse stated that the committee recommended to authorize Board Member Arakaki to serve on the employer negotiation team for successor contract negotiations with HSTA Bargaining Unit 5 on behalf of the Board, as described in Hayashi’s memorandum dated November 18, 2021.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried with Board Vice Chairperson Uemura, Board Members Asher, Barcarse, Berg, Fallin, Namauʻu, and Voss voting aye and Board Member Arakaki abstaining.

ACTION: Motion to authorize Board Member Arakaki to serve on the negotiation team for successor contract negotiations for HSTA Bargaining Unit 5 on behalf of the Board, as described in Hayashi’s memorandum dated November 18, 2021. (Human Resources Committee/no second required). The motion carried with seven ayes and one abstention.


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

Cara Flores, member of the public, testified in support of using gender-neutral language as much as possible in the HSTA Bargaining Unit 5 contract because gender-neutral language promotes equality.

Board Member and Human Resources Committee Chairperson Barcarse stated that the committee recommended approval of the amended Bargaining Unit 5 contract to render its language gender-neutral as described in Hayashi’s memorandum dated November 18, 2021.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried with Board Vice Chairperson Uemura, Board Members Arakaki, Asher, Barcarse, Berg, Fallin, and Namauʻu voting aye and Board Member Voss abstaining.

ACTION: Motion to approve the amended Bargaining Unit 5 contract to render its language gender-neutral as described in Hayashi’s memorandum dated November 18, 2021. (Human Resources Committee/no second required). The motion carried with seven ayes and one abstention.


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

Board Member and Human Resources Committee Chairperson Barcarse stated that the committee recommended approval of the proposed Memorandum of Understanding for a Pilot Transfer Program Workgroup attached to Hayashi’s memorandum dated November 18, 2021.

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, Berg, Fallin, Namauʻu, and Voss).

ACTION: Motion to approve the proposed Memorandum of Understanding for a Pilot Transfer Program Workgroup attached to Hayashi’s memorandum dated November 18, 2021. (Human Resources Committee/no second required). The motion carried unanimously with all members present voting aye.


V. Discussion Items

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

Kim Davis, member of the public, testified that her children are in limbo and she may need to disenroll them from Kamalani Academy due to a State Public Charter School Commission (“Commission”) decision. She stated that her family chose to enroll in Kamalani after wanting to participate in a similar distance learning program last school year at another charter school.

Board Chairperson Payne stated that Davis’ testimony was not related to an agenda item and asked that she share her testimony with the Commission.

Steve Hirakami, Hawaii Academy of Arts & Science Public Charter School, testified that pages 37-38 of the Commission’s annual report regarding the distribution of federal funds includes two categories (McKinney-Vento Assistance Act of 1978 totaling $18,875 and Title I grants to help disadvantaged students with the highest concentration of poverty totaling $439,367) that the Commission did not distribute to charter schools. Hirakami also stated that the Commission should include a footnote explaining how these funds helped homeless and disadvantaged students.

Board Chairperson Payne called on Yvonne Lau, Interim Executive Director, State Public Charter School Commission (“Commission”), to present the Commission’s annual report.

Yvonne Lau, Interim Executive Director, stated that public charter schools look forward to improving conditions related to the effects of the COVID-19 pandemic and expressed appreciation to charter schools for all their efforts.

Board Member Lynn Fallin asked for clarification regarding the reference to the new charter contract on page 23, relating to oversight functions item II. B. where it states, “executed the new charter contract with 13 schools renewed in spring of 2020.” She asked whether this referenced contract 4.0.

Lau replied that the Commission renewed 13 contracts in the spring of 2020 but the Commission was not able to execute the contracts until this year, so all schools received contract 4.0. Board Vice Chairperson Uemura asked for clarification relating to the timing issue because 13 schools received new contracts, but the Commission did not finalize the new contract until July 1, 2021.

Lau replied that under statute and administrative rules, the Commission is supposed to execute contracts before July 1, 2020, however, due to the COVID-19 pandemic, the Commission instead extended its contracts an additional year to July 1, 2021. She stated that the Commission realized that it would not have statewide assessment data to use as a measure of academic performance and there was no time to find alternative measures.

Lau stated that contract 4.0 contains a better assessment of academic performance and provides an opportunity for other evidence of student achievement that aligns to each school's unique vision and mission. She also stated that schools have been asking for years to provide an opportunity to have the Commission count the work schools are doing.

Board Vice Chairperson Uemura encouraged the Board to review the Commission’s website and noted that he found many answers to his questions on its website. He asked if all 37 charter schools would be under contract 4.0.

Lau replied that initially, all school contracts expired at the same time. With contract 3.0, the Commission staggered contract expirations so that renewals would come up in different years. She stated that any new authorized schools would receive contract 4.0.

Board Vice Chairperson Uemura stated that not all 37 schools will be under contract 4.0 and due to significant changes in contract 4.0, the Commission is looking at a system with two different evaluation methods. Lau replied that 24 schools are awaiting contracts and that the Commission will measure schools with contract 3.0 using the same smarter balanced assessment consortium (“SBAC”) scores. She stated that the Commission would need to determine whether it could use that data for high stakes decision-making by working with schools and the National Association of Charter School Authorizers.

Lau stated that the Commission could consider things like how well schools adjusted and made accessing education possible during the COVID-19 pandemic to focus more school improvement. She stated that the Commission is asking itself what is a high quality school, since most schools rely on accreditation for quality to show children are learning and adapting.

Board Vice Chairperson Uemura asked how contract 4.0 would contribute to the overall performance or factor into suspension or revocation of a school. He also asked what threshold the Commission uses to issue a warning and how it weights it. Lau stated that as long as schools managed this moderately, the Commission would accept it because there are things like fire hazard and criminal background checks that require compliance to make sure schools, students, and faculty are safe She noted that the academic category is the toughest because schools should measure when students are learning or need course corrections and in contract 3.0 the school sets targets but in contract 4.0, there is a point system with required statutory measures.

Board Vice Chairperson Uemura recommended that the Commission include an addendum to the contract that outlines the Commission’s expectations and outcomes because with two contracts there are two different evaluation systems.

Lau stated that the Commission wants to be fair to charter schools and will work on this.

Board Chairperson Payne asked about the section on strategic vision with charter schools as laboratories of innovation and wanted to know how charter schools put great ideas into the larger system and whether there are any plans in place to develop this.

Lau stated that the definition of a high quality school is one that has a cycle of improvement that it develops using data. She stated that the Commission could come back every year to share with the Board on the innovative practices that everyone can use.

Board Vice Chairperson Uemura asked whether the testimony from Hirakami about missing federal allocations is due to a timing issue. Lau replied that she is not clear on this or what happened and will follow-up. Board Vice Chairperson Uemura stated that he needs an explanation and the Commission needs to follow-up on this.


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

Project Aloha, member of the public, testified that she is not subject to the Board’s rules and regulations and noted that the Board is not addressing the extension of emergency orders. Board Chairperson Payne informed Project Aloha that her testimony was not related to an agenda item.

Cheri Nakamura, HE‘E Coalition, testified that, based on the academic data the Department presented, the Department should propose legislation that helps students and she expressed concern for students who cannot access opportunities.

Bryce Ellory, member of the public, testified that mandates infringe on his rights. Board Chairperson Payne informed Ellroy that his testimony is not related to an agenda item.

Julie Reyes Oda, member of the public, testified against proposed legislation EDN-07 to allow for the removal of a School Community Council (“SCC”) member and noted that SCC’s should be a means to look at increasing accountability.

Susan Pcola-Davis, member of the public, testified in opposition to the proposed legislation for 2022 regarding EDN-05 student interns because the proposal would allow the Department to transfer revenue to school commercial enterprises and the Department may use these funds for other purposes. She also testified in opposition to EDN-06 because this bill may not be needed and EDN-07 relating to SCCs, which removes the Board.

Cara Flores, member of the public, testified regarding proposed legislation relating to obstructing official school business and recommended an exclusion for students or staff exercising their First Amendment rights.

Board Chairperson Payne called on Keith Hayashi, Interim Superintendent, and Ken Kakesako, Acting Director, Policy, Innovation, Planning and Evaluation Branch, to present the Department’s proposed legislation for the 2022 legislative session.

Hayashi stated that the Department is restarting the practice to put together a legislative package for the Governor’s package to provide better access to federal resources, increasing educational opportunities for students, creating safe school environments, and increasing efficiency of Department procedures.

Kakesako stated that the Department proposed bills to supplement efforts and overall priorities submitted with the Governor’s legislative package. He stated that the Department has revised its five legislative proposals after getting input from the Department of Budget and Finance (“B&F”). He stated that the Attorney General’s (“AG”) office is reviewing the proposals and that the Department does not expect to make any substantive changes.

Kakesako outlined the following: (1) EDN-02 will allow the Department to expend all federal grant reimbursements, approximately $2 million; (2) EDN-04 will allow students to receive compensation from commercial enterprises in schools; (3) EDN-05 will allow student interns to serve as employees in the state and transfer monies from enterprise services back to the Department; (4) EDN-06 will allow an increase in protection for school officials; and (5) EDN-07 will allow the Department to remove an SCC member at the complex area superintendent level instead of at the Board level. He noted that the Department may change the proposal language, but it will not change the concepts.

Board Member Voss asked about the real purpose of the two bills on commercial enterprises. He asked why the Department is expanding commercial enterprise in all schools.

Kakesako replied that amending Section 302A-448, Hawaii Revised Statutes, would allow more latitude to the Department so it can partner with businesses to allow students workplace opportunities and gain necessary skills. Board Member Voss noted that there is a right time for everything and that this proposal has limited applicability to specific high schools. He questioned whether this proposal sends the right message during a time where there is so much work to do. Hayashi replied that this proposal would allow students to participate in real world learning.

Board Member Arakaki asked how the Department could engage elementary, middle, and high school students who have been unsuccessful. He also noted that it is critical to take advantage of efforts to provide this support because students need to see the connection between school and future impacts on their life.

Hayashi stated that if the Department exposes students to these opportunities earlier, students could make connections and demonstrate their skills. He explained that the Department is looking at what students present and the products the students can create and market.

Board Chairperson Payne asked for clarification on EDN- 04 relating to student internships and whether the Department will reinvest profits from school-based businesses into school based business. Kakesako replied that EDN-04 allows students to get credit and be paid for their efforts.

Board Vice Chairperson Uemura asked when the Department must submit its legislative proposals. Kakesako replied that the Department is working to get this to Governor David Ige for his approval and that he will submit his administrative package to the legislature in late December or prior to the start of session in January. Board Vice Chairperson Uemura asked whether this presentation was to gather Board comments. Kakesako replied that Board members could submit additional comments on their own.

Board Vice Chairperson Uemura stated that EDN-02 asked for an additional $2 million he would like to know what amount the Department is willing to transfer from commercial enterprise projects. Kakesako replied that at this time there would be two pilot projects.

Board Vice Chairperson Uemura stated that regarding EDN-07, there is no compelling reason to change the Board’s role. He asked whether there was an incident, which compelled the Department to propose this legislation. Kakesako replied that there was an incident involving a disruptive SSC member.

Board Vice Chairperson Uemura expressed his opposition to the Board relinquishing its authority because there should be clear reasons for removing an SCC member and the person should have due process.

Hayashi noted that a concern is that if an individual needs to be removed due to health and safety issues, then the SCC member could not be removed until the Board addressed the matter.

Board Vice Chairperson Uemura noted that the bill does not list reasons for removal, so removal is subjective, which he disagrees with. He noted that in his five years serving on the Board there have been no instances of the Board having to consider removing an SCC member. Hayashi replied that this was not the Department’s intention.

Board Member Fallin stated that regarding the proposals relating to commercial enterprise, she is interested in liability issues and why current laws do not already address liability. She also stated that the Board’s responsibility is setting standards and aligning curriculum and expressed understanding of the relevance to actual life experiences for students in Tier 1 and 2 but expressed concern about the rigor. Board Member Fallin stated that if students receive credits for this work, the Department must be able to gauge the effectiveness of the learning.

Board Member Fallin also concurred with Board Vice Chairperson Uemura regarding his comments on the SCC removal proposal.

Board Member Berg left the meeting at 3:33 p.m.

Hayashi expressed appreciation for the comments.

Board Member Fallin asked who would be responsible for handling commercial enterprises. Hayashi replied that school level staff are identified as mentors to help connect students with business partnerships. Board Member Fallin asked who determines if the student gets credit or not. Hayashi replied that a classroom teacher using industry standards would assess whether the students are meeting standards.

Board Member Fallin expressed hope that this will help students stay in school and be motivated, if the standards are rigorous. She stated that she looks forward to hearing more as the measure proceed.

Kakesako clarified that student interns are not employees and the Department could take on more liability if a student is injured. Board Member Fallin asked for an example of how this would work and whether this program will take place during the summer or the school year. Hayashi replied that there is potential, but that this affects policy around rigor.

Board Chairperson Payne stated that her understanding of current law is that if students serve as interns in school to work programs, they are covered by the state and that liability would not fall on employers. She asked if the legislature repealed this law and whether the Department’s proposed is designed to improve existing law and cautioned the Department not to forget about what is already in place. Hayashi replied that the Department would conduct a site survey of any place students will engage in workplace learning.

Board Chairperson Payne replied that the proposed legislation does not reflect this and that the Department should only send students to safe places. Hayashi expressed agreement and noted that site surveys take place to ensure safety.

Board Member Namau‘u reminded the Department that there is a program called Ma Ka Hana Ka Ike in Hana that teaches construction classes to students. She noted that there is a great need for teacher housing in Hana and students have been anxious to assist with these issues, but students have not been able to help because of liability issues.

Board Member Namau‘u also asked if the Department will present its proposed legislation to other legislators.

Board Member Berg returned to the meeting at 3:48 p.m.

Hayashi agreed that the work at Hana High School is inspiring and noted that regarding liability, although the Department will put things in place, it needs to address safety factors first. He also noted that the legislature has been supportive in discussing options.

Kakesako replied that the Department would submit this as a part of Governor Ige’s package, but that this does not preclude other legislative proposals.

Board Member Namau‘u expressed agreement with Board Vice Chairperson Uemura and Board Member Fallin relating to the proposed SCC legislation because removal of an SCC member is not a common occurrence.

Board Student Representative Musso asked for clarification about how students receive credit for internships and whether the Department would provide the course as a classroom opportunity or if it would be outside work with a registered business. Hayashi replied that the Department would issue the course an Authorized Course and Code Number (“ACCN”) and would include expectations and standards that students would need to meet in order to receive credit.

Board Chairperson Payne asked the Department to listen to the Board’s concerns because it mentions duties of the Board and she would not want to testify in opposition to a Department’s bill.

Board Member Berg left the meeting at 3:59 p.m.

Board Member Asher expressed support of student internships to provide more hands-on opportunities and asked how the Department is setting this up to ensure there is equity of access for the opportunities. She also asked if alternative learning center students could participate in this program, whether qualification criteria and processes are in place, and whether the Department will use an equity lens when implementing the program. Hayashi replied that commercial enterprise is in the early process and the Department is piloting the program in two high schools to see what is successful and whether there are challenges to expand opportunities for students to support all students.

Board Member Berg returned to the meeting at 4:02 p.m.

Board Member Barcarse expressed concern with the proposal on SCCs and stated that the Department should solicit feedback from the Board earlier. He reiterated that the Board would hate to provide testimony in opposition to the Department’s legislative proposal. Kakesako explained that the Department was limited by Governor Ige’s timeline and sunshine law requirements.


VI. Late Public Testimony on Board Agenda Items

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

Susan Pcola-Davis, member of the public, testified on agenda item V.A regarding the Commission’s annual report. She testified that of the 315 pages on the annual report appendix B parts I, II, II shows the results of the independent auditor from CW Associates and she would like to see this done for the Department.

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
Justin HughesV.B. Presentation on the Department’s proposed legislation for 2022 legislative session
Angela MarianoV.B. Presentation on the Department’s proposed legislation for 2022 legislative session
Cheri NakamuraHE‘E CoalitionV.B. Presentation on the Department’s proposed legislation for 2022 legislative session
Julie Reyes-OdaV.B. Presentation on the Department’s proposed legislation for 2022 legislative session
Kim DavisV.A. Presentation on the State Public Charter School Commission’s Annual Report



VII. Adjournment

Board Chairperson Payne adjourned the meeting at 4:12 p.m.