February 17, 2022

MINUTES

Thursday, February 17, 2022
*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 January 26, 2022, suspending the requirement of having at least one meeting location open to the public, pursuant to Hawaii Revised Statutes Section 92-3.7, to enable boards to conduct meetings without any board members or members of the public physically present in the same location.

ALSO PRESENT:
Keith Hayashi, Interim Superintendent, Department of Education
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary

Committee Chairperson Barcarse announced that Committee Members Bill Arakaki, Lynn Fallin, Kili Namauʻu, Catherine Payne, Kenneth Uemura, and Bruce Voss were participating in the meeting. Committee members did not have others present with them at their nonpublic locations to announce.

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

Committee Chairperson Barcarse asked Committee members to review the minutes of the Committee’s January 20, 2022 meeting.

Committee Member Uemura moved to approve the Committee’s meeting minutes of January 20, 2022. Committee Member Payne seconded.

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

ACTION: Motion to approve the Human Resources Committee meeting minutes of January 20, 2022 (Uemura/Payne). The motion carried through unanimous consent from all members present.

Committee Chairperson Barcarse referred to the memorandum from Board Member and Legislative Ad Hoc Committee Chairperson Arakaki with a recommendation on an amendment to the Board of Education (“Board”) policy positions for the 2022 legislative session related to school-level staff compensation.

Committee Member Uemura moved to amend the Board’s policy positions for the 2022 Legislative Session as proposed in Exhibit A of Legislative Ad Hoc Committee Chairperson Arakaki’s memorandum dated February 17, 2022. Committee Member Fallin seconded.

Committee Member and Legislative Ad Hoc Committee Chairperson Arakaki explained that currently the legislature is considering several bills relating to increasing teacher compensation. He explained that if the Board would like to take positions on these bills, it needs to amend the Board’s legislative policy positions. Committee Member Arakaki recommended that the Board approve a general legislative policy position that supports increasing compensation for all school-level employees in public schools, as highlighted in Exhibit A of his memorandum.

Committee Member Voss stated that historically the Board has supported efforts to address teacher compensation, and corrections to teacher compression. He noted that while teachers are critical, educating students is a team effort and should the resources become available, the Legislative Ad Hoc Committee would like to advocate on behalf of all Department of Education (“Department”) school-level employees.

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

ACTION: Motion to amend the Board’s policy positions for the 2022 Legislative Session as proposed in Exhibit A of Legislative Ad Hoc Committee Chairperson Arakaki’s memorandum dated February 17, 2022 (Uemura/Fallin). The motion carried unanimously with all members present voting aye.

B. Committee Action on recommendation concerning Department of Education’s plan of organization, updated as of June 30, 2021

Committee Chairperson Barcarse stated that the material the Department “”provided did not provide enough information for the Board to make an informed decision. He noted that the memorandum did not include basic information like background, a basis for authority for the action contemplated, or a proposed motion. He stated that the memorandum did not reference Board Policy 500-2, entitled “Plan of Organization,” which requires Board approval of the Department’s plan of organization.

Committee Member Uemura moved to (1) indefinitely defer approval of the Department’s Plan of Organization, updated as of June 30, 2021, with the understanding that the Board’s non-approval has no practical effect since the Department has already consulted and conferred with the applicable labor unions; and (2) direct the Department and Board staff to develop, by May 31, 2022, an annual process that ensures the Board has an opportunity to have a discussion with the superintendent and provide input on the plan of organization. Committee Member Voss seconded.

Committee Member Voss expressed support for the motion to defer due to deficiencies in the Department’s memorandum.

Committee Chairperson Barcarse stated that the materials do not provide the Board with enough information as required per Board Policy 500-2, entitled “Plan of Organization.” He noted that the Department responsibility is to provide adequate information for the Board to make its decisions.

Committee Member Uemura stated that since the Board adopted revisions to Board Policy 500-2, it has not had any input on the Department’s plan of organization. He emphasized that it is ridiculous for the Department to ask the Board to approve the plan with no prior discussion.

Committee Member Fallin echoed comments of other Board members and stated that the link in the memorandum provides details regarding the plan of organization on the Department’s website. She expressed concern regarding the level of detail with which the Department described the state office level as opposed to the school and complex area levels. Committee Member Fallin stated that most of the plan of organization is dedicated to describing the state level and only two pages are dedicated to the describing the school level. She stated under the Department’s tri-level approach, schools have taken on increased responsibilities, but there is little detail on how they are organized. Committee Member Fallin stated that nothing in the document describes the roles and responsibilities of schools and that it is incumbent on the Department to work on this. She noted that schools do not have clarity on school, staff, and complex area responsibilities. Committee Member Fallin emphasized that the Department should provide information that clarifies expectations of each level in the tri-level system.

Committee Member Voss expressed concern at the level of deficiency of the Department’s memorandum and noted that the Department needed to provide more information on changes at district offices. He stated that the Board is concerned with the policy level and that it needs to see what the Department is doing to increase efficiency, make projections, and use this information to develop contingency plans going forward.

Committee Member Arakaki stated that the Board needs to dive into the big picture for the system and asked what will happen operationally for the Department as the Board gets more information.

Hayashi also stated that the Department completed consultations with the unions and the changes in the memorandum reflect these conversations.

Committee Member Payne stated that part of the problem is that the Board does not know what will happen due to the legislative session outcomes. She stated that the Board should consider a different timeframe so that the expectation is built into the process relating to the timing of implementation. Committee Member Payne noted that the Department has already proceeded with union discussions and approval, so Board approval or disapproval is unnecessary.

Committee Chairperson Barcarse stated that the motion is to defer approval and to direct the Office of Talent Management to work with Board staff to create a process.

Committee Member Payne reiterated that the Board needs to factor the timing of the legislative session into the process.

Committee Member Fallin stated that approximately 60 pages describe the state office level but only two pages are devoted to the complex area and school levels. She asked Hayashi what his thoughts are on how best to describe roles and responsibilities in the tri-level system and what next steps he will take to address the deficiencies raised by Board members. Hayashi replied that the document meets Governor David Ige’s requirements under Administrative Direction No. 19-02, entitled “Policy and Procedures for Effecting Organizational and Functional Statement Changes.” He stated that the Department would engage with Board staff and consider the Board’s concerns to address these issues.

Committee Member Fallin emphasized that all levels in the tri-level system, not just the state office level, need to have as much information as possible relating to their roles and responsibilities, especially for schools, which have increased responsibilities. She urged the Department to review this information because even if the Department’s plan complies with Governor Ige’s requirements, the level of detail the Department provided is disproportionate. Committee Member Fallin asked that the Department provide more clarity on the role of school community councils and statutory requirements to help the whole system.

ACTION: Motion to (1) indefinitely defer approval of the Department’s Plan of Organization, Updated as of June 30, 2021, with the understanding that the Board’s non-approval has no practical effect since the Department has already consulted and conferred with the applicable labor unions; and (2) direct the Department and Board staff to develop, by May 31, 2022, an annual process that ensures the Board has an opportunity to have a discussion with the superintendent and provide input on the plan of organization (Uemura/Voss). The motion carried unanimously with all members present voting aye.

Committee Chairperson Barcarse called for public testimony from any individuals who did not have an opportunity to testify on earlier agenda items. No one provided oral testimony at this time.

Linda Elento, member of the public, testified on agenda item III.A concerning a Board policy position for the 2022 Legislative Session relating to school-level staff compensation. She asked that the Board monitor Senate Bill 2748 and House Bill 2498, relating to early intervention services and noted that parents have been asking for the Department and Department of Health to recognize that children are not ready to go to school after receiving early intervention services.

Susan Pcola-Davis, member of the public, testified on agenda item III.B concerning the Department’s plan of organization. She expressed appreciation for Board Member Fallin’s comments relating to the lack of information on the complex area and school levels and that she will check to see if the document meets the requirements of organizational charts and descriptions.

Linda Elento, member of the public, testified on agenda item III.B concerning the Department’s plan of organization. She expressed concern as a parent of a child with disabilities and asked how policies are driving the positions in the Department.

Committee 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
Susan Pcola-Davis		III.A. Committee Action on recommendation concerning Board Policy positions for the 2022 Legislative Session: school level staff compensation; & III.B. Committee Action on Recommendation Concerning Department of Education’s Plan of Organization, Updated as of June 30, 2021
Osa Tui	Hawaii State Teachers Association	III.A. Committee Action on recommendation concerning Board Policy positions for the 2022 Legislative Session: school level staff compensation