December 3, 2020

STATE OF HAWAII
BOARD OF EDUCATION
SPECIAL MEETING

MINUTES

Thursday, December 3, 2020
*The Board did not meet at a physical location. As part of the response to the threat of COVID-19, Governor David Ige issued a Sixteenth Supplementary Proclamation dated November 23, 2020, 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
Shanty Asher
Kaimana Barcarse
Margaret Cox
Lynn Fallin
Kili Namauʻu
Dwight Takeno
Bruce Voss
Captain Lyn Yatko (military representative)
Hunter Harris (student representative)

EXCUSED:
None

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

Call to Order

Board Chairperson Catherine Payne called the Board of Education General Business Meeting to order at 1:33 p.m.

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

Board Chairperson Payne called for public testimony. The following people provided remote oral testimony.

Name	Organization	Agenda Item	Position
Cheri Nakamura	HE‘E Coalition	V.F. Board Action on Superintendent’s evaluation for the 2020-2021 School Year: changes to the timeline of the Superintendent evaluation process for the 2020-2021 school year V.G. 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: (1) changes to Component 1, Professional Standards, of Superintendent evaluation process to take into account leadership during crises, (2) Strategic Plan Indicators and Targets for the 2020-2021 School Year, including consideration of indicators that do not rely on data from the annual statewide Smarter Balanced Assessment; and (3) Superintendent’s Priorities for the 2020-2021 School Year	Comments
Gay Kong	Keolu Elementary School	V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium	Comments
Julie Reyes Oda	Nanakuli High and Intermediate School	V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium V.F. Board Action on Superintendent’s evaluation for the 2020-2021 School Year: changes to the timeline of the Superintendent evaluation process for the 2020-2021 school year V.G. 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: (1) changes to Component 1, Professional Standards, of Superintendent evaluation process to take into account leadership during crises, (2) Strategic Plan Indicators and Targets for the 2020-2021 School Year, including consideration of indicators that do not rely on data from the annual statewide Smarter Balanced Assessment; and (3) Superintendent’s Priorities for the 2020-2021 School Year	Comments
Linda Elento		V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium	Comments

Cheri Nakamura, Hui for Excellence in Education (HE‘E) Coalition, testified on the Superintendent’s evaluation and the designation of a permitted interaction group. She stated that they are in support of the SMART goals for the Superintendent’s evaluation and she strongly urges, if the permitted interaction group is granted, that the Board make comments relating to the evaluation goals available to the public.

Gay Kong, Principal of Keolu Elementary School, testified on the Department’s operating budget for 2021-2023 fiscal biennium. She stated that the proposed cuts are best described as crippling for her small school. She shared that at her school they would need to cut two teacher positions, and that will leave the school with four teachers to serve Grades Kindergarten to Grade 6, in addition to its preschool program. Keolu Elementary school will lose its academic coach and would need to combine the librarian and student support coordinator positions. The school counselor and website coordinator position has also been combined and cafeteria staff serves three area schools in addition to the grab-n-go patrons.

Julie Reyes-Oda, Math teacher at Nanakuli High & Intermediate School, testified on the Superintendent’s evaluation, the designation of a permitted interaction group, and the Department’s operating budget for 2021-2023 fiscal biennium. She would like to find a solution to fully support our core mission which is educating students. As a teacher she has been made aware that principals are announcing to staff how many will be cut and she would like to challenge the Board to conduct a sensitivity analysis to determine what positions affect the core mission of learning. Regarding the Superintendent’s evaluation she cannot see why we are wasting so much time on one person’s evaluation. She stated that Superintendent Kishimoto cannot take a quarter of million in pay and not produce results. She also suggested that the Department leadership take a reduction in pay first.

Linda Elento, parent of Jason Elento, testified on the Department’s operating budget for the 2021-2023 fiscal biennium. She shared that her child with special needs wanted to attend an annual legislative conference and she worked with the Legal Aid Society so that he could do so. She recommended that those interested read an article written relating to basic civil rights on the legal aid website.

Chairperson Payne stated that there is a lot of public interest and everyone is concerned with the budget cuts, and that this is the first stop since budgets are changing every day. The Board is clear that it wants classrooms to be impacted the least; however, the cuts are so deep that these cuts will be felt at the school. She feels despair thinking of those who will suffer the most because it will be those students who are affected by poverty, trauma, domestic violence, and other serious issues. We hoped for more programs to address the issues relating to poverty, especially since there are more families who have slipped across the lines of poverty due to this pandemic. She expressed her appreciation for the support of the Hawaii State Legislature. She stated that the bigger picture is how much citizens of this state value and prioritize our public schools and whether resources will be allocated accordingly.

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

Name	Organization	Agenda Item	Position
Susan Pcola-Davis		V.F. Board Action on Superintendent’s evaluation for the 2020-2021 School Year: changes to the timeline of the Superintendent evaluation process for the 2020-2021 school year V.G. 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: (1) changes to Component 1, Professional Standards, of Superintendent evaluation process to take into account leadership during crises, (2) Strategic Plan Indicators and Targets for the 2020-2021 School Year, including consideration of indicators that do not rely on data from the annual statewide Smarter Balanced Assessment; and (3) Superintendent’s Priorities for the 2020-2021 School Year	Comments
Martha Guinan, Chair & Ivalee Sinclair, Legislative Committee Chair	SEAC	V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium	Comments
Cheri Nakamura, HE‘E Coalition Director	HE‘E Coalition	V.F. Board Action on Superintendent’s evaluation for the 2020-2021 School Year: changes to the timeline of the Superintendent evaluation process for the 2020-2021 school year V.G. 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: (1) changes to Component 1, Professional Standards, of Superintendent evaluation process to take into account leadership during crises, (2) Strategic Plan Indicators and Targets for the 2020-2021 School Year, including consideration of indicators that do not rely on data from the annual statewide Smarter Balanced Assessment; and (3) Superintendent’s Priorities for the 2020-2021 School Year	Comments
Corey Rosenlee, President	HSTA	V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium	Comments
David Miyashiro, Executive Director	HawaiiKidsCAN	V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium	Comments
Stephen Schatz, Executive Director	Hawaii P-20	V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium	Comments
Derek Minakami, Principal	Kaneohe Elementary School	V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium	Comments
Wendy Matsuzaki, Principal	King Intermediate School	V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium	Comments
Justin Hughey, Special Education Teacher	King Kamehameha III Elementary School	V.C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium	Comment

III. Approval of Meeting Minutes of October 15, 2020

Board Chairperson Payne asked Board members to review the minutes of the General Business Meeting and Executive Session of October 15, 2020.

Board Member Kaimana Barcarse moved to approve the General Business Meeting and Executive Session of October 15, 2020. Board Vice Chairperson Kenneth Uemura 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 Asher, Barcarse, Cox, Fallin, Namauʻu, Takeno, and Voss) voting aye.

ACTION: Motion to approve the General Business Meeting minutes of the General Business Meeting and Executive Session of October 15, 2020 (Barcarse/Uemura). The motion carried through unanimous consent from all members present.

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

Finance and Infrastructure Committee Report on: (1) Committee Action on Department of Education’s repair and maintenance priority list in accordance with Board Policy 301-10, Equitable Allocation of Facilities Resources (FIC Strategic Priority 2); (2) Committee Action on Department of Education’s priority criteria for executing Capital Improvement Program projects, in accordance with Board Policy 301-10, Equitable Allocation of Facilities Resources (FIC Strategic Priority 2); (3) Committee Action on recommendation concerning the Department of Education’s operating budget for 2021-2023 fiscal biennium; (4) Committee Action on recommendation concerning the Department of Education’s Capital Improvement Projects budget for 2021-2023 fiscal biennium

Finance and Infrastructure Committee (“FIC”) Chairperson Kenneth Uemura reported that the Committee met and reviewed the following agenda items repair and maintenance, capital improvement program projects, Department’s operating budget, and Capital Improvement Projects. FIC, after full and free discussion, is recommending approval of all four action items.

B. Investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) concerning Board policy positions and legislative reports for 2021 Legislative Session: findings and recommendations on Board policy positions for the 2021 Legislative Session and Board legislative reports for the 2021 Legislative Session (annual charter school report)

Board Chairperson Payne provided the report on the investigative committee concerning Board policy positions and legislative reports for the 2021 Legislative Session. The Committee found that the only report due is the Annual Report on Charter Schools, the committee will be recommending adoption of the committee reports found in Exhibit A and Exhibit B. At this time the Board is not recommending action but would like members to review the report for action at the Board’s next meeting.

V. Action Items

Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s repair and maintenance priority list in accordance with Board Policy 301-10, Equitable Allocation of Facilities Resources (FIC Strategic Priority 2)

Finance and Infrastructure Committee Chairperson Kenneth Uemura stated that the committee recommends that the Board approve the proposed deferred maintenance projects priority list attached to Superintendent Christina Kishimoto’s memorandum, dated December 3, 2020, as Attachment A2 for the 2021-2023 fiscal biennium.

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, Committee Members Asher, Barcarse, Cox, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to approve the proposed deferred maintenance projects priority list attached to Superintendent Christina Kishimoto’s memorandum, dated December 3, 2020, as Attachment A2 for the 2021-2023 fiscal biennium (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

B. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s priority criteria for executing Capital Improvement Program projects, in accordance with Board Policy 301-10, Equitable Allocation of Facilities Resources (FIC Strategic Priority 2)

Finance and Infrastructure Committee Chairperson Uemura stated that the committee recommends that the Board approve the proposed Capital Improvement Program prioritization criteria attached to Superintendent Christina Kishimoto’s memorandum, dated December 3, 2020, as Attachment B1.

ACTION: Motion to approve the proposed Capital Improvement Program prioritization criteria attached to Superintendent Christina Kishimoto’s memorandum, dated December 3, 2020, as Attachment B1 (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

C. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s operating budget for 2021-2023 fiscal biennium

Finance and Infrastructure Committee Chairperson Uemura stated that the committee recommends that the Board approve the proposed operating budget for Fiscal Biennium 2021-2023 attached to Superintendent Christina Kishimoto’s memorandum, dated December 3, 2020, as Attachment D.

Board Chairperson Payne noted for the record that several members voted aye with reservations but the Board does not have a process for voting with reservations so it will be noted as voting aye.

ACTION: Motion to approve the proposed operating budget for Fiscal Biennium 2021-2023 attached to Superintendent Christina Kishimoto’s memorandum, dated December 3, 2020, as Attachment D (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

D. Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s Capital Improvement Projects budget for 2021-2023 fiscal biennium

Finance and Infrastructure Committee Chairperson Uemura stated that the committee recommends that the Board approve the proposed Capital Improvement Projects budget for Fiscal Biennium 2021-2023 attached to Superintendent Christina Kishimoto’s memorandum, dated December 3, 2020, as Attachments D-1 and D-2.

ACTION: Motion to approve the proposed Capital Improvement Projects budget for Fiscal Biennium 2021-2023 attached to Superintendent Christina Kishimoto’s memorandum, dated December 3, 2020, as Attachments D-1 and D-2 (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

E. Board Action on designation of Board members to an ad hoc committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.25(b)(2)) concerning 2021 Legislative Session

Board Chairperson Payne reviewed the proposal to designate Board members to an ad hoc committee concerning the 2021 Legislative Session. She noted that there is an error with the recommendation in her memorandum because it references policy positions adopted at this meeting. She explained that the Board cannot take action on the investigative committee’s recommendations at this meeting in accordance with Sunshine Law, but it may do so at its next meeting.

Board Member Dwight Takeno moved to approve the assignment of Board Chairperson Payne and Board Members Lynn Fallin, Kili Namauʻu, and Bruce Voss, with Board Chairperson serving as chair, to a permitted interaction group to present, discuss, or negotiate any policy positions the Board adopts for the 2021 Legislative Session, with the authority described in Board Chairperson Payne’s memorandum, dated December 3, 2020, through and until Governor’s last veto deadline for the 2021 Legislative Session, but in no event later than December 2, 2021. Board Member Barcarse seconded.

ACTION: Motion to approve the assignment of Board Chairperson Payne and Board Members Lynn Fallin, Kili Namauʻu, and Bruce Voss, with Board Chairperson serving as chair, to a permitted interaction group to present, discuss, or negotiate any policy positions the Board adopts for the 2021 Legislative Session, with the authority described in Board Chairperson Payne’s memorandum, dated December 3, 2020, through and until Governor’s last veto deadline for the 2021 Legislative Session, but in no event later than December 2, 2021 (Takeno/Barcarse). The motion carried unanimously with all members present voting aye.

F. Board Action on Superintendent’s evaluation for the 2020-2021 School Year: changes to the timeline of the Superintendent evaluation process for the 2020-2021 school year

Board Chairperson Payne reviewed the proposal for changes to the timeline of the Superintendent evaluation process for the 2020-2021 school year. She explained that her memorandum laid out two timeline options, one with an investigative committee and one without.

Board Member Voss moved to approve Timeline A as described in Board Chairperson Payne’s memorandum, dated December 3, 2020, as the revised superintendent evaluation timeline for the 2020-2021 school year. Board Member Fallin seconded.

Board Member Dwight Takeno respectfully disagreed with the recommendation to proceed with Timeline A and he prefers Timeline B. He stated that this sets a bad precedent for situational events and asked whether other Department employees have the option to do this and stated that the Board should base its evaluation on how a leader will respond to any types of challenges. Board Member Takeno stated that he believed that there was some agreement at the last meeting and would like the Superintendent’s priorities to align with the SMART goals requirements. By establishing a permitted interaction group, the process will be delayed further so he cannot support that recommendation.

Board Chairperson Payne stated that the Superintendent has strongly expressed her desire for a permitted interaction group. She further stated that she feels that there needs to be clarity and trust on both sides in order for there to be an effective evaluation.

Board Member Kaimana Barcarse stated that he will be voting no on the motion to approve Timeline A. He agrees that there needs to be clarity and understanding on both sides and prolonging this process will not be productive.

Board Member Bruce Voss expressed his supports of the motion and that Kishimoto’s evaluation cannot be fair if she is not clear on her goals and priorities. He also stated that part of the responsibility on the lack of clarity falls on the Board and that the Board owes her a fair and comprehensive evaluation. Board
Member Bruce Voss stated that the two timelines are identical and the evaluation date is identical, but a permitted interaction group allows the committee chairperson to provide Superintendent with the clarity she is requesting.

Board Vice Chairperson Uemura will vote no on the motion to approve Timeline A for all the reasons shared by Board Members Takeno and Barcarse. He noted whether the Board forms a permitted interaction group or not, Kishimoto will have a fair evaluation. Board Vice Chairperson Uemura stated that, based on the memorandum, the permitted interaction group’s discussions can be made public, so the Board should have a public discussion now. He reiterated that stated that he will be voting no on Timeline A and that Timeline B is the appropriate timeline.

Board Member Kili Namau‘u stated that she understands the angst and frustration, but that the Board needs to give Kishimoto the opportunity she is requesting and that she will vote in support of the motion if this is important to Kishimoto.

Board Member Takeno respectfully disagreed and stated that the discussions of the permitted interaction group can be shared with the public and his understanding was that the Board gave Kishimoto direction at the last meeting and there was an agreement. He stated that he was surprised to see this on the agenda again and that it was unnecessary because the Board needs to proceed with its evaluation process.

Board Member Margaret Cox stated that Kishimoto asked for this and that she will be voting in support of Timeline A.

Board Member Lynn Fallin stated that since she started in July 2020 this issue has come up repeatedly and it appears that the Board and Kishimoto are at a stalemate. The Board’s directives have been clear; that Kishimoto needs to align her first two priorities with SMART goals criteria. She stated that she will be voting no on Timeline A.

Board Chairperson Payne called for a roll call vote on the motion. The motion failed with Board Members Cox, Namau‘u, Voss voting aye and Board Vice Chairperson Uemura and Board Members Asher, Barcarse, Fallin, and Takeno voting nay.

Board Member Barcarse moved to approve Timeline B as described in Board Chairperson Payne’s memorandum, dated December 3, 2020, as the revised superintendent evaluation timeline for the 2020-2021 school year. Board Vice Chairperson Uemura seconded.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried with Board Vice Chairperson Uemura and Board Members Asher, Cox, Barcarse, Fallin, Takeno, and Voss voting aye and Board Member Namau‘u voting nay.

ACTION: Motion to approve Timeline B as described in Board Chairperson Payne’s memorandum, dated December 3, 2020, as the revised superintendent evaluation timeline for the 2020-2021 school year (Barcarse/Uemura). The motion carried with seven Board members voting aye and one Board Member voting nay.

G. 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: (1) considering proposing changes to Component 1, Professional Standards, of Superintendent evaluation process to take into account leadership during crises, (2) considering and proposing Strategic Plan Indicators and Targets for the 2020-2021 School Year, including consideration of indicators that do not rely on data from the annual statewide Smarter Balanced Assessment; and (3) proposing Superintendent’s Priorities for the 2020-2021 School Year

Board Chairperson Payne noted that the Board approved a new timeline for the superintendent evaluation process in its previous agenda item that does not include an investigative committee. She explained that the current agenda item would have only been applicable if the Board had approved changes to the timeline and process that included an investigative committee, but since the Board has not, this agenda item is moot.

VI. Adjournment

Board Chairperson Payne adjourned the meeting at 2:26 p.m.