STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Thursday, August 20, 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 Tenth Supplementary Proclamation dated July 17, 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
Phyllis Unebasami, Deputy Superintendent
Brian Hallett, Assistant Superintendent and Chief Financial Officer, Office of Fiscal Services
Cynthia Covell, Assistant Superintendent, Office of Talent Management
David Brookshire “Brook” Conner, Assistant Superintendent and Chief Information Officer, Office of Information Technology Services
Heidi Armstrong, Assistant Superintendent, Office of Student Support Services
Randall Tanaka, Assistant Superintendent, Office of Facilities and Operations
Rodney Luke, Assistant Superintendent, Office of Strategy, Innovation, and Performance
Alisa Bender, Interim Assistant Superintendent, Office of Curriculum and Instructional Design
Ryan Roylo, Esq., Deputy Attorney General, Department of the Attorney General
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Irina Dana, Secretary


I. Call to Order

The Board General Business Meeting was called to order by Board Chairperson Payne at 1:32 p.m.


II. Executive Session
Board Chairperson Payne stated that the Board would need 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 settlement authority relating to Unga v. Board of Education.

Board Member Dwight Takeno moved to enter into executive session to consult with the Board’s attorney on the matter described on the agenda. Board Member Kaimana Barcarse seconded.

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

ACTION: Motion to move into executive session to consult with the Board’s attorney on the matter described on the agenda (Takeno/Barcarse). The motion carried unanimously with all members present voting aye.

The meeting recessed at 1:36 p.m. and reconvened at 2:15 p.m.


III. Public Testimony on Board Agenda Items

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

Name
Organization
Agenda Item
Position
Corey RosenleeHawaii State Teachers AssociationV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Phaedra RobinsonDepartment of EducationV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Nicole GroveUniversity of Hawaii at ManoaV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Rebecca Hadley-SchlosserNânâikapono Elementary SchoolV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
David MiyashiroHawaiiKidsCANV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Tai BairdKahului Elementary SchoolV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Osa Tui Hawaii State Teachers AssociationV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Susan Pcola-DavisPublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Karrie SmithPublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Lynn OtaguroPublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Caroline BatulePublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Derek GovinPublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Benjamin KonshakPublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Debbie Anderson Waiakea Intermediate SchoolV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Steve BortleDepartment of EducationV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Cheri NakamuraHEʻE Coalition V.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Kileigh SanchezWaianae IntermediateV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Kara FloresHALE HawaiiV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Inga Park OkunaHawaii State Teachers AssociationV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Alexandra ObraWaiâhole Elementary SchoolV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Amanda KaahanuiPublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Maiya LeibowitzPublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Deborah Bond-UpsonLearningBondV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Justin Manuel BergonioWaipahu High SchoolV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Christine RussoPublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Amanda LacarPublicV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Burke BurnettHawaii for a Safe Return to SchoolV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Mireille EllsworthHawaii for a Safe Return to SchoolV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment
Karly KanehiroJames Campbell High SchoolV.A. Update on implementation of Board Resolution adopted on June 18, 2020, directing the Department of Education to prepare for the reopening of public schools for the 2020-2021 school year amid the COVID-19 global pandemic, focusing on concerns regarding: health and safety, distance learning, personnel, food service, student transportation, reconciling multiple guidance documents and collective bargaining agreements, and communicationComment

Corey Rosenlee, Hawaii State Teachers Association (“HSTA”), testified on the implementation of the Board’s resolution directing the Department of Education (“Department”) to prepare for the reopening of schools and stated that HSTA’s board of directors voted that they have no confidence in the Department’s handling of reopening schools. He expressed further concern regarding HSTA’s filing of complaints and the Department’s refusal to bargain. Rosenlee requested that the Board take action on a myriad of concerns, including delayed reopening until the end of the quarter and criteria from the Department of Health (“DOH”).

Phaedra Robinson, Department, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding the Department’s Return to Learning plan and planning procedures for students receiving special education services. She urged the Board to delay reopening until schools are prepared. Robinson expressed concern regarding the daily lack of cleaning, COVID-19 testing requirements, and the lack of contact tracers. She urged the Board to implement telework options for teachers until it was safe to return to campuses.

Nicole Grove, University of Hawaii at Manoa, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding the Department’s use of the Acellus program. She detailed questionable credentials, questionable accreditation, racism, and sexually inappropriate content. Grove urged the Board to cancel contracts with Acellus and empower teachers to develop curriculum.

Rebecca Hadley-Schlosser, Nânâikapono Elementary School, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding the lack of personal protective equipment (“PPE”), such as face shields, masks, gloves, and hand sanitizer. She expressed further concern that special education teachers have not received sufficient amounts and types of PPE. Hadley-Schlosser expressed concern that teachers are paying for their own safety materials and expressed additional concern regarding the lack of written guidance from the DOH. She urged the Board delay the reopening of in-person instruction and encourage telework.

David Miyashiro, HawaiiKidsCAN, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and emphasized the importance of clarity and unity. Miyashiro recommended that the Board require additional clarity and consistency around attendance, standard definitions, ensure digital equity, specify needs, create a public data dashboard, and review using all available instructional days.

Tai Baird, Kahului Elementary School, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern that schools are reopening amidst surges in COVID-19 cases. Baird expressed further concern regarding discrepancies, lack of consistency, vulnerable student and staff populations, lack of proper sanitization, unfair expectations of teachers, and varying degrees of safety.

Osa Tui, HSTA, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and urged the Board to implement full distance learning across schools, reporting requirements, and clear guidance. He expressed concern regarding lack of social distancing in classrooms, inability to wear masks, and lack of reporting guidance and requirements.

Susan Pcola-Davis, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and stood on her written testimony. She expressed concern regarding the Department’s lack of responsiveness and reliance on point-in-time surveys and urged the Board to require the Department to answer questions and respond to concerns. She emphasized the importance of collaborative decision-making, timely distribution of information, collection of data through methods other than surveys, truthfulness, professionalism, and good-faith bargaining.

Karrie Smith, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding the Acellus learning platform. She detailed allegations against the creator of the platform and advocated for zero tolerance and dismissal of the program. Smith urged the Board to require schools to make proper accommodations for parents who do not want their children using this platform.

Lynn Otaguro, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding inconsistency and mixed messages. She noted that schools shut down when there were fewer virus cases but are reopening as cases are surging. Otaguro emphasized the importance of decreasing case positives prior to reopening campuses and expressed further concern regarding school plans to minimize spread, classroom inspections, and ventilation. Otaguro urged the Board to delay reopening schools until infection rates decline.

Caroline Batule, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding transparency and consistency. Batule detailed her experience answering questions and filling out surveys and expressed concern regarding questions related to military service, special education, schools’ abilities to support and provide special education services and requests, oversight, and enforcement.

Derek Govin, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding lack of training, safety supplies, and PPE. He urged the Board to delay reopening schools and emphasized the importance of the Department giving staff time to prepare for adjustments.

Benjamin Konshak, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding issues related to COVID-19.

Debbie Anderson, Waiakea Intermediate School, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding health and safety. She urged the Board to delay the reopening of schools.

Steve Bortle, Department, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concerns that the Department was reopening schools as virus cases were surging. He noted that fully self-contained classrooms do not have restrictions and potential spread would affect entire school communities. Bortle stated that teachers are calling in sick and unqualified substitute teachers are forced to take their place. Bortle urged the Board to delay reopening school campuses for in-person instruction and implement full distance learning.

Cheri Nakamura, HEʻE Coalition, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and stood on her written testimony. She emphasized the need for system-level clarity on changes, timely information rollouts, clear objective criteria, clear definitions, and communication.

Kileigh Sanchez, Waianae Intermediate, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding the Department’s management of the pandemic. She emphasized the importance of health and safety, providing teachers with the option to telework, and timely communication and decision-making.

Kara Flores, HALE Hawaii, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding the Department’s lack of consistency and transparency. She urged the Board to delay the reopening of schools until case numbers decrease and community spread is minimized. Flores emphasized the importance of benchmarks, metrics, collaboration, health aides, timely communication, and prioritization of safety.

Inga Park Okuna, HSTA, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding the lack of metrics, lack of reporting, exposure to the virus on school campuses, vulnerable students and staff, and lack of effective screening. She urged the Board to delay the reopening of schools, implement telework, and begin the school year with full distance learning.

Alexandra Obra, Waiâhole Elementary School, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding positive cases of COVID-19 on school campuses, exposure, and community spread. She emphasized the importance of the Department prioritizing safety, ensuring appropriate materials and personnel, contingency plans, clear processes to guide decision-making, and support.

Amanda Kaahanui, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and urged the Board to delay the reopening of campuses for in-person instruction and implement full virtual learning throughout the entire first quarter. She emphasized the importance of clear guidelines from the DOH, solid policies, strong leadership, vetted distance learning platforms, and support for teachers and students.

Maiya Leibowitz, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and urged the Board to delay the reopening of schools until it was safe for teachers and students to return to school campuses. She expressed concern regarding unrealistic plans, increases in COVID-19 cases, and health and safety measures.

Deborah Bond-Upson, LearningBond, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and emphasized the importance of effective distance learning and well-designed systems. She emphasized the need for integrated instructional systems, meaningful attendance, strong leadership, and system-wide health and safety guidelines.

Justin Manuel Bergonio, Waipahu High School, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and urged the Board to delay the reopening of schools for in-person instruction. He expressed concern regarding last-minute adjustments, lack of communication, and increases in positive COVID-19 cases.

Christine Russo, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding inconsistency, transparency, lack of comprehensive plans that prioritize safety, emotional and mental wellness, last-minute changes and shifts, and vulnerable populations. She urged the Board to delay the reopening of schools and implement full distance learning.

Amanda Lacar, member of the public, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and stood on her written testimony. She expressed concern regarding inconsistency, lack of transparency, lack of strong leadership, and lack of collaboration. She expressed further concern regarding special education services and the lack of effective training. She urged the Board to delay the reopening of schools and provide teachers with time to plan.

Burke Burnett, Hawaii for a Safe Return to School, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and emphasized the importance of metrics, guidance from the DOH, strong leadership, and collaboration. She urged the Board to mandate full distance learning until it was safe to reopen.

Mireille Ellsworth, Hawaii for a Safe Return to School, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern regarding increases in virus cases, lack of telework options, lack of strong leadership, and lack of clear and comprehensive plans. She urged the Board to delay the reopening of schools and provide teachers and students with consistency and transparency and time to plan.

Karly Kanehiro, James Campbell High School, testified on the implementation of the Board’s resolution directing the Department to prepare for the reopening of schools and expressed concern that the Department has not addressed concerns of teachers, families, and communities. She expressed concern regarding increases in virus cases, lack of metrics, and lack of strong leadership. She urged the Board to delay reopening campuses for in-person instruction until it was safe to reopen.

Written testimony was received and provided to the Board members. The following is a listing of the people that submitted written testimony before the meeting.

Written Testimony for 20200820 GBM.pdfWritten Testimony for 20200820 GBM.pdf

IV. Action Items
Board Chairperson Payne reviewed the settlement authority relating to Unga v. Board of Education. She noted that the complaint attached in the Board’s meeting materials was filed on April 14, 2020 by plaintiff Sunny Rainbows Kim against the Board and State of Hawaii. Per its administrative rules, the Board cannot take action in executive session and is required to take action in public session. Board Chairperson Payne recommended that the Board grant authority to its Deputy Attorney General to enter into settlement negotiations with the plaintiff.

Board Member Takeno moved to grant authority, as discussed in executive session, to the Board’s Deputy Attorney General to enter into settlement negotiations with the plaintiff in Unga v. Board of Education. Board Member Barcarse seconded.

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

ACTION: Motion to grant authority, as discussed in executive session, to the Board’s Deputy Attorney General to enter into settlement negotiations with the plaintiff in Unga v. Board of Education. (Takeno/Barcarse). The motion carried unanimously with all members present voting aye.


V. Discussion Items
Board Chairperson Payne stated that the Board adopted a resolution on June 18, 2020 providing the Department with “big picture” guidance on preparing to reopen schools amid the global COVID-19 pandemic. She noted that school administrators, teachers, and families submitted written testimony for the Board’s meetings on July 23 and July 30, 2020, expressing serious concerns regarding the reopening of public schools. Both during the July 23-30 timeframe and after these meetings, individuals have reached out directly to the Board and have continued to express serious concerns.

Board Chairperson Payne emphasized that the Board has received record-breaking amounts of written and oral testimony over the past month or so and appreciates the time and effort it takes to write and submit written testimony or to be present to provide oral testimony. The Board appreciates the insight that it provides into individual experiences, struggles, and opinions and helps to add the detail the Board needs to understand how its policy decisions impact individuals.

Board Chairperson Payne stated that public feedback is crucial to the Board’s work, and the level of recent public participation is incomparable to anything the Board has experienced in the past. She noted that she wanted to find a way to have a discussion about this feedback and asked Board staff to compile all of the written testimony submitted by school administrators for the July 23 and 30, 2020 meetings and any concerns shared with Board members personally. Board Chairperson Payne detailed that these concerns were categorized into five major areas of concern, including health and safety, distance learning, personnel, food service, and student transportation. She stated that she is focusing on the concerns expressed by school administrators because they encompass and address most of the concerns expressed in testimony from principals, families, and the public. However, she emphasized that all of the testimony the Board received is important and was considered.

Board Chairperson Payne explained the mechanics for how the discussion on this agenda item would work. Board Chairperson Payne asked Board members to keep the dialogue at the policy level, which is what is within the Board’s jurisdiction. She stated that her hope is that the Board can connect the concrete implementation examples described in the specific concerns shared by the community with the policy positions the Board has taken in its resolution. If the Board is able to do this, the Board can provide further clarification to the Superintendent and Department regarding how the Board interprets its resolution if it appears concerns are not being addressed. The Board can also discuss whether the Board’s policy positions continue to reflect its expectations in the constantly changing landscape the Board and Department currently occupy.

Board Chairperson Payne reviewed the first area of concern, which is health and safety. She stated that the Board set forth health and safety of students and staff as the most important concern of the public education system. Many concerns shared relate to opening physical school campuses. This includes opening campuses to students as well as opening campuses to staff only or to staff and limited numbers of students who are most vulnerable to school closures and disruptions to learning. Board Chairperson Payne asked what has been done to ensure all staff are ready to open schools safely in all instructional delivery modes; what still needs to be done; when will these things be done; how will the Board know these concerns were addressed; and how can the Board and Department improve the way concerns are addressed.

Christina Kishimoto, Superintendent, stated that the Department is operating within major challenges, including a health pandemic that has uncovered equities within communities. She noted that these challenges permeate through decision-making regarding how to implement health and safety protocols because individuals are experiencing the pandemic in different ways. Kishimoto detailed various other challenges and noted that the Department has been implementing systems as best as it can using information the Department knows as well as new information it learns. She stated that the Department is often asked to take on roles in solving community issues that are well beyond the Department’s mission. Kishimoto detailed that the Department opened schools for four days this week and focused on providing support to students to prepare for distance learning. These four days helped to structure what supports will continue to look like. She stated that the Department’s main objective is to create and maintain optimal learning environments for students while minimizing the risk of spreading disease. She detailed that the Department developed the Return to Learning plan and a health and safety plan, which the Department vetted with the Board and throughout its tri-level system. The Department will be able to review what works and where it needs to make adjustments and provide clarification as it continues to implement its plans.

Kishimoto stated that changes often occur weekly, including resources, data points, and clarifications. She noted that the Office of Facilities and Operations ensured that schools cleaned classrooms prior to staff reporting to work and stated that schools would need to clean classrooms everyday due to the pandemic. Kishimoto detailed that the Department created school models to facilitate physical and social distancing and built in models that allow cleaning, sanitizing, prepping, and transitioning for the next few weeks and possibly throughout the rest of the quarter or even semester. She stated that the Department would continue to review school models that prioritize health and safety protocols, including cleaning and sanitization. The Department would also continue to review training modules as it receives more information from public health agencies.

Kishimoto stated that the Department received feedback from communities, including employees, requesting additional training. The Department dedicated nine days to additional training, collected feedback, and is reviewing follow-up. She stated that the Department would need to review safety measures related to internet safety as the Department transitions to web-based distance learning. She detailed that the Department enabled content filters that block certain types of dangerous content, such as content related to drugs, alcohol, weapons, and pornography. She noted that there are many layers to ensure that unsafe content is blocked and appropriate filters protect students within the e-environment.

Kishimoto reviewed COVID-19 cases and noted that the Department would continue to have positive cases as long as there are positive cases in communities. However, cases are not stemming from schools at this point. She emphasized that the Department has implemented protocols to minimize spread and ensure health and safety. Kishimoto highlighted that the DOH invited a team of public, private, and charter school staff, including teachers and leaders, to review various blended and distance learning models for triggers. The team reviewed models from different states, such as Oregon, Connecticut, Virginia, and Minnesota. Metrics drive the models, review cases per 100,000 in seven or 14-day periods, and produce a color-coded system of triggers. She highlighted that these triggers drive whether the Department should move in or out of in-person, blended, or distance learning. Kishimoto highlighted that this work would continue the following week and would allow the Department to implement triggers defined by the DOH prior to needing to make decisions regarding instructional shifts.

Phyllis Unebasami, Deputy Superintendent, detailed that the Department has written guidelines for its response procedures for positive cases and possible exposure. She noted that the Department consults the DOH to guide the Department through specific cases while simultaneously using its guidelines. Unebasami detailed that the Department first informs principals or school leaders regarding possible positive cases, and school leaders or principals notify response teams. She noted that each school principal, office leader, and complex area superintendent is aware of the makeup of the Department’s response team and has access to members via phone, text, or e-mail. She stated that the Office of Talent Management reviews notifications, and the Office of Facilities and Operations reviews and assesses facility guidance once possible cases or exposure are identified. The Department’s Communications Office assists with communications to ensure that each school leader has someone to contact. She detailed that other Department offices in charge of school health assist administrators with next steps.

Randall Tanaka, Assistant Superintendent, Office of Facilities and Operations, reviewed his office’s work in distributing PPEs. He detailed that the Department delivered gloves, hand wipes, masks, and gowns in different quantities. The Department’s first priority was to distribute both cloth and disposable face masks to all employees. The Department prioritized fulfilling needs for face shields for health offices and special education teachers. He highlighted that the Department plans to distribute an additional 49,000 gowns and 4,000 boxes of gloves to schools this week. Tanaka detailed that the Department began PPE collection and distribution efforts in April after determining needs. The Department distributed resources based on inventory so that all schools would have PPEs. He noted that not all schools received requested amounts but the Department has been able to back fill orders to ensure that schools have appropriate quantities.

Tanaka stated that schools manage cleaning supplies because schools know what they need in terms of cleaning supplies. He reviewed various challenges, including burn rate. He stated that the Department initially did not have a way to identify burn rate but developed ways in which to measure burn rate using three metrics. He detailed that the Department collected feedback from principals regarding needs to build its inventory. Prior, the Department distributed resources based on school population. He stated that the Department modeled its final metrics after the Hawaii Emergency Management Agency (“Hawaii EMA”). He explained that Hawaii EMA uses metrics to determine distribution to hospitals to meet needs. Tanaka stated that the Department is unsure of current burn rates. He noted that schools have 60 days of supplies so the Department would be able to review attrition rates within the first 60 days. He highlighted that every school has appropriate PPE, including masks, cleaning supplies, and sanitizer.

Kishimoto stated that she would share reports and data regarding PPE distribution and noted that the Department plans to publicly share this data as well. She noted that the Department has also been reviewing how to improve its processes and has floated the idea of a hotline or website where employees and schools could call or write in to relay concerns regarding inadequate PPE resources and request additional resources.

Board Member Margaret Cox asked about how the Department pays for deep cleaning following positive cases. She asked whether schools use weighted student formula (“WSF”) funds to pay for deep cleaning or whether the Department has set aside funds specifically for cleaning purposes. Tanaka explained that the Department allocated funds within auxiliary services that pays for deep cleaning. He detailed cost challenges and stated that the Department’s provider meets various public health requirements and provided the Department with a highly competitive rate that allows the Department to implement area cleaning. He noted other challenges, including speed, and stated that principals have expressed that schools need to be open and available the next day. Tanaka detailed that vendors enter schools in the late afternoons and schools are ready for occupancy the following day. He noted that there are consequences if rooms are not immediately cleaned or ready to open, such as schools needing to move other services.

Board Member Cox asked if other islands have access to these services. Tanaka stated that the vendors provide services to other islands as well but noted that there are challenges for other islands, such as providers not being as robust. Board Member Cox asked about the Department’s plan to ensure safety for front office staff. Tanaka stated that the Department provided each administrative office with face shields. He noted that the Department determined that it would be more effective for schools to decide on what they needed in terms of barriers and other safety resources. He noted that the Department visited a number of schools to install barriers, the Department of Accounting and General Services installed barriers in neighbor island schools, and some schools opted to have maintenance staff install barriers. He stated that the Department encouraged schools to engage with providers or else there would be no way for the Department to effectively install barriers in each school in time. Board Member Cox asked if schools had to use their WSF funds for barriers. Tanaka stated that these items were reimbursable and 150 schools have applied for reimbursement.

Board Member Lynn Fallin asked whether the Department has its COVID-19 exposure and positive cases procedures and processes in writing. She asked to whom the Department distributed this information. Unebasami stated that leaders, such as principals, complex area superintendents, and assistant superintendents, have access to this information, including a checklist of steps. She detailed that the Department also distributed contact numbers so that school leaders have 24/7 access to response team members. In addition, the Department has held meetings with school leaders at their convenience, including on weekends and in the evenings. Kishimoto added that the Department also has processes flow charts as part of its reopening plan to guide school leaders on decision making depending on the origination of cases.

Board Member Fallin asked about the Department’s next steps to minimize anxiety and confusion around health, safety, and reporting. Kishimoto explained that the Department plans to finalize its work with the DOH regarding triggers. Triggers will provide additional clarity from the DOH and help the Department to decide when to transition from and to different kinds of learning approaches.

Board Member Fallin asked if the trigger process would provide clarity around campus closures and reopenings and identify decision makers. Kishimoto confirmed that the process would provide this clarity and identification. The process will allow the Department to set benchmarks or triggers when it switches instruction approaches. She noted that the DOH would recommend whether it is safe to transition to blended learning or how much time has to pass in between transitions as case numbers change.

Board Member Fallin asked about strategies to communicate information to the public, school communities, and the Board and asked about leads. Kishimoto confirmed that the Department plans to communicate information.

Board Vice Chairperson Kenneth Uemura asked about responsiveness. Kishimoto explained that there are differences in responsiveness depending on whether cases are positive or suspected positives and whether employees or parents provided documentation. She explained that the Department categorizes a case as “positive” if it receives documentation and categorizes a case as “suspected” if the Department is awaiting documentation but received information about an individual who was tested or experiencing symptoms. She stated that processes are similar regardless of categorization. The Department notifies the DOH and the Department’s response team implements procedures while waiting for a contact tracer. Kishimoto stated that the Department was notified of 15 cases through Friday of last week and several cases this week. There was anywhere between one to four days of delay in responsiveness. She noted that the DOH responded to some cases within 24 hours but responded to others within a few days. She stated that the Department has requested that the DOH work in collaboration with the Department to improve systems to ensure response within 24 hours. She noted that the Department’s response team begins to make phone calls and provide support immediately upon being notified of a case and does not wait for contact tracers to do so.

Unebasami stated that there might be gaps or delays depending on where individuals are tested and from where they receive confirmation. Sometimes there are delays between providers and the DOH. She noted that sometimes the Department is the first to notify the DOH of positive cases on school campuses. She detailed that the Department has shared its logs with the DOH so that the DOH is aware of cases on campuses and in communities. Unebasami detailed that the Department informs school leaders immediately, requests information through group text, and plans meetings. She emphasized the importance of the Department providing immediate assistance and accessibility to ease concerns, answer questions, provide follow-up, and help school leaders navigate processes. Unebasami detailed that the Department has dealt with multiple simultaneous cases and held multiple conferences simultaneously.

Board Vice Chairperson Uemura stated that the Board needed to understand the Department’s resources and ability to handle multiple cases, including 20 or 30 simultaneous cases. He emphasized the importance of ensuring that the Department has the resources and ability to handle multiple cases. Board Vice Chairperson Uemura asked about contact tracing within the military. Unebasami explained that the Department does not ask whether cases stem from the military population regardless of whether cases occur at military impacted schools. She noted that school leaders for military impacted schools have strong relationships with military bases and bases share information with school leaders. However, the Department does not request information regarding whether cases are military connected. Board Vice Chairperson Uemura expressed concern and requested that the Department focus on whether cases are connected to the military. He suggested that the Department’s military liaison work with the military to review contact tracing efforts and how cases within the military affect Department schools.

Military Representative Captain Lyn Yatko stated that she sent an email to the Board regarding the military’s contact tracing efforts and handling of the pandemic. Board Chairperson Payne confirmed that the Board Support Office received this information. Military Representative Captain Yatko detailed efforts to ensure contacts are identified, response contact teams, and local community efforts. Board Chairperson Payne detailed that Military Representative Captain Yatko’s memorandum to the Board Support Office described ways in which the military communicates with state leaders and releases information regarding cases, and she noted that the military assists state leaders in contact tracing. She stated that Military Representative Captain Yatko’s email should assure Board members that the military communicates with the DOH, provides information regarding cases, and works in collaboration to contact trace. Military Representative Captain Yatko stated that the Department should treat military connected students the same as non-military connected students in terms of contact tracing. She detailed that the military’s contact tracing efforts are tightly coordinated and the military partners with the DOH. Board Chairperson Payne noted that contact tracing occurs regardless of where the child attends school.

Board Vice Chairperson Uemura stated that his understanding is that the military reports case numbers to the DOH but does not report them publicly or to any other agency and the DOH also does not share this information. He stated that he has heard concerns that the military contact traces separately from the DOH and does not coordinate efforts. He stated that he has heard additional concerns that there were times where the military did not notify the DOH of positive cases. He suggested that the Department determine exactly what is occurring within the military in terms of case identification and contact tracing because these processes affect the Department and its schools.

Board Vice Chairperson Uemura asked about the 60 days’ worth of safety supplies, including N95 respirator masks. Tanaka confirmed that the Department breaks down supplies by type, and it has distributed safety masks to schools. He noted that the Department distributes KN95 face masks rather than N95 face masks. He explained that KN95 masks fulfill the same function as N95 masks but do not require fit tests. Tanaka highlighted that the Department recently distributed 80,000 KN95 masks to schools based on needs and school population. Board Vice Chairperson Uemura asked about how the Department aligns supplies to school needs and asked whether each school has 60 days of supplies based on needs. Tanaka confirmed that each school has 60 days of supplies based on needs. He detailed concerns regarding schools adjacent to public housing and noted that principals of these schools asked for additional supplies because many occupants did not have the financial means to purchase masks and hand sanitizer. Tanaka stated that the Department is constantly rebalancing its inventory. Board Vice Chairperson Uemura asked for assurance that the Department rebalanced its inventory and all principals and teachers have the required PPE. Tanaka provided assurance and confirmed that all schools have required PPE and explained how the Department doubled up its inventory in hard-to-reach locations.

Board Vice Chairperson Uemura expressed concern regarding students not wearing face masks on school buses and asked how the Department monitors these situations. Tanaka explained that the Department contacts its primary provider Roberts Hawaii to remind students of mask policies. Board Vice Chairperson Uemura emphasized the importance of ensuring procedures are in place to address these situations and ensure that transportation services is following proper procedures.

Board Vice Chairperson Uemura asked about forthcoming guidance from the DOH and conditions to reopen schools in the absence of guidance. Kishimoto explained that the DOH issued a number of documents and aligned guidance with other public health agencies. The DOH also reviewed the Department’s health and safety documents and vetted its reopening plan. The DOH had no concerns regarding the Department’s plans and did not find contradictions between the Department’s guidance and the DOH’s guidance. She stated that the DOH plans to issue additional guidance and visuals to provide further clarification. She noted that the Department is awaiting models centered on triggers and further noted that the DOH is working within the Governor’s set timeline. Kishimoto emphasized that the Department works with the DOH, Governor, and county mayors to make decisions and receive signoff.

Board Member Bruce Voss expressed concerns regarding crowding within schools and asked about spacing. Heidi Armstrong, Assistant Superintendent, Office of Student Support Services, detailed that schools are able to space out students who are coming onto campus to receive special education services because there are multiple unoccupied classrooms due to the number of students participating in distance learning. Teachers could use multiple classrooms or rearrange classrooms to limit the number of students in one area. She stated that the Department’s state offices are able to assist schools in configuring spaces to ensure proper distancing and meet individually with schools to design learning spaces.

Board Chairperson Payne expressed concern about air quality and air conditioners and asked about air circulation and ventilation. Tanaka stated that the Department is monitoring airflow within classrooms and maintain balances by opening doors, removing Plexiglas from windows, and implement other measures to promote airflow. The Department is also reviewing various kinds of filters for effectiveness in managing airflow through air conditioning units. He noted that the Department would run into energy management challenges if it were to simultaneously keep doors open and run air conditioning units. He detailed that the Department purchased air handlers for Hawaii Island and these air handlers will go through rooms and promote airflow six times per hour. He stated that the Department plans to hold data tests within the next 15 days to ensure that these devices satisfy airflow requirements.

Board Vice Chairperson Uemura asked if the Department has sufficient personnel to clean classrooms frequently. Tanaka explained that the Department conducted two trainings in May to train head custodians. Head custodians work with lead custodians. He detailed that 997 participants participated in the trainings and each school has had some level of training regarding cleanliness. Tanaka stated that the Department does not have enough staff to clean as frequently as suggested by public health agencies. He stated that guidance suggests that classrooms be wiped down each time students leave the classroom. The Department is addressing concerns and guidance in various ways. He stated that the Department is enforcing masks, social distancing, and hand washing. The Department also requires custodial staff to clean once per day in either the afternoons or mornings. He stated that the Department is working toward higher frequency but may have to implement higher frequency by allowing staff to clean with sprays or mists rather than wiping down classrooms because there is not enough time for products to dry in between classes. He stated that the Department is currently reviewing and working through this process.

Board Vice Chairperson Uemura expressed further concern regarding the frequency of cleaning and asked when the Department might have a plan. Tanaka stated that the Department is having discussions regarding how to clean classrooms twice per day. He stated that with current staff, there is not enough time to clean 30 rooms frequently. Board Vice Chairperson Uemura emphasized the importance of cleaning high touch and common areas and noted that the Department might need to pay staff overtime or hire additional staff to ensure that schools are frequently cleaned.

Board Chairperson Payne reviewed the second area of concern, which is distance learning. She stated that the Board’s reopening resolution includes specific definitions for each instructional delivery mode: in-person learning, distance learning, and hybrid learning. “Distance learning” is defined as a method for delivering course instruction “where the teacher delivers instruction virtually or online through web-based or internet-based mediums or delivers instruction through other remote mediums.” The Board intentionally defined three methods for delivering course instruction with the hope that a shared vocabulary would help avoid confusion.

Board Chairperson Payne asked what has been done to ensure everyone, including students, families, teachers, and administrators, is ready to engage in effective distance learning. She asked what still needs to be done, when will these things be done, how will the Board know these concerns were addressed, and how the Board and Department can improve the way in which concerns are addressed. Board Chairperson Payne stated that she is specifically concerned with how the Department adopted online programs, what vetting the Department did of online programs, and what criteria the Department used.

Kishimoto stated that the Department needs devices and connectivity for distance learning and training for teachers. She stated that the Department provided data from its statewide survey and was able to verify that the Department has 139,000 devices for students. She stated that the Department purchased additional devices to ensure that schools were able to distribute devices or that the Department was able to implement a loaner program. The Department purchased 34,500 devices between June and August using Coronavirus Aid, Relief, and Economic Security Act funds. The Department is still waiting for 13,000 devices. She noted that schools still had devices to distribute even without additional purchases. Purchases provide up-to-date and modern devices for students. Kishimoto detailed the Department’s survey over the summer and current follow-up with principals and teachers. She stated that schools are connecting with families to ensure that families have appropriate devices at home and to ensure that additional gaps do not exist.

Kishimoto reviewed connectivity issues and noted that the Department continues to have discussions regarding connectivity. She highlighted that schools were able to work with tech teams this week to identify needed additional supports that the Department did not previously capture in its data. Working one on one with families ensures that the Department has accurate data. Kishimoto stated that the Department purchased and distributed over 5,000 Wi-Fi hot spots over the summer to support the upcoming school year, but this is still insufficient. She noted that the Department received additional funding this week through the Governor, which the Department plans to use to hire additional nurses and purchase 11,000 hot spots to support families who do not have sufficient connectivity from home. She emphasized the importance of empowering families to be able to do distance learning from home and further emphasized the importance of equity. She detailed the Department’s plan to have schools serve as hubs and safe spaces for students who continue to lack access to connectivity.

Kishimoto stated that schools used this week to learn how many students are able to access distance learning from home and how many continue to need access to Wi-Fi hotspots. She detailed increased demand due to the use of video across the state and further detailed that part of the Broadband Hui is continuing these conversations across the state and with Hawaii’s congressional delegation to determine how to solve connectivity issues. She noted that connectivity issues are broader than the Department but affects the Department. Kishimoto stated that it might be more appropriate for another agency to implement solutions. She emphasized that long-term solutions are necessary for equity of access.

Kishimoto detailed the nine days of additional training for teachers and noted that teachers created some of the trainings for other teachers. Parts of the training focused on distance learning, and the Department plans to continue to provide additional training and support as schools implement distance learning. Kishimoto detailed use of the Google Classroom platform and trainings for this platform. She also detailed the Department’s use of the Arizona State University’s system as part of a pilot with Kamehameha Schools. She noted that schools had the option to opt-in for the pilot and stated that teachers trained over the summer to use this platform. Kishimoto detailed Blackboard platforms that serve secondary schools and noted that the Department plans to continue training in September. Kishimoto reviewed the Department’s use of the Acellus learning accelerator and stated that some schools have opted to use Acellus as part of their distance learning curriculum. She explained that these various platforms require teachers to monitor and deliver instruction synchronously. Kishimoto stated that schools might have opted to use Acellus as the platform for families who chose to participate in full-time distance learning. This approach includes online curriculum and instructional materials. Kishimoto stated that the Department purchased this platform at a cost of $100 per student and the cost decreases to $35,000 if a school chooses to implement this platform campus wide. She noted that Acellus has been part of the Department’s distance learning curriculum for over a decade and is not a new program. She stated that the Department listened to staff feedback, including not introducing new distance learning approaches. She stated that this was the impetus for the Department’s selection. The program has been in place for ten years, and schools requested that this program continue to be available as an option. Kishimoto highlighted that the Department launched the Ohana Help Desk to assist with distance learning, and the Department’s information technology team is working with Hawaiian Telecom to provide call center support in various languages.

Alisa Bender, Interim Assistant Superintendent, Office of Curriculum and Instructional Design, stated that the Department has used Acellus for over ten years and highlighted that the platform provides solutions for credit recovery and has other benefits. She stated that there have been no concerns prior to recent social media campaigns. Bender detailed transitions and noted that the Department plans to use Acellus as a solution for distance learning instructional material. She noted that the platform’s courses are accredited and endorsed and stated that the platform fulfills current needs. Bender reviewed professional development efforts as part of the Department’s next steps and multi-prong approaches. She detailed that the Department has been reviewing feedback of its training modules and noted that the majority of teachers provided positive feedback. However, there were varying comments regarding parts of the training being ineffective and feedback regarding what teachers would like to see moving forward. She stated that in addition to providing professional development courses, the Department created resources regarding effective distance learning, how to accelerate the curriculum, and how to assess students.

Board Member Voss asked whether teachers would teach distance learning curriculum from home or their classrooms. He emphasized the importance of deescalating rhetoric and personal attacks and stated that he disagreed with many comments made about the Department and Kishimoto. Board Member Voss asked if the Department could direct schools to permit teachers to teach from home. Kishimoto explained that decisions regarding transitions, in-person instruction, and distance learning were made two weeks ago. During this period, the Department received feedback regarding the importance of school-based teams making decisions to meet the needs of staff and students. She stated that the Department received recommendations regarding complex area superintendents and principals determining where teaching should take place. Kishimoto emphasized the importance of a strong start to the school year and a focus on students. She further emphasized the importance of focusing on whether teachers and staff have access to resources. She stated that some teachers want to have access to their campuses while others want to teach from home. Kishimoto stated that the Department does not agree with unilateral top-down approaches and will not tell principals how to best roll out their school models. The Department provided guidance and structure for principals to work with their staff to make these decisions. She stated that some schools have higher populations of students and families who need support or teachers who need access to and support with technology. She noted that principals are aware of these distinctions and are holding themselves accountable to these distinctions. She emphasized the importance of the Department providing principals with time and space to lead within the Department’s guidance.

Board Member Voss stated that some testifiers expressed concern that administrators are discouraging telework. He asked for assurance that schools are making these decisions based on teacher requests and circumstances. Kishimoto confirmed that schools are making school-based decisions and complex areas are ensuring that school-based decisions are planful Kishimoto stated that the Department provides guidance but also needs to allow schools to implement their own school-based designs and models.

Board Member Barcarse stated that the Department initially purchased 5,000 hotspots, recently purchased 11,000 additional hotspots, purchased 35,000 devices, and received 21,000 devices. He asked about the timeline for arrival and distribution. He asked about the Department’s backup plan in the case of delays or outages. Board Member Barcarse asked if these purchases are sufficient. Board Member Barcarse asked about plans for rural areas that lack necessary infrastructure and asked whether individual complexes and schools are determining their own plans or whether the Department is implementing system-wide approaches.

David Brookshire “Brook” Conner, Assistant Superintendent and Chief Information Officer, Office of Information Technology Services, explained that some devices are beginning to arrive and noted that the Department has shipping information for devices that have not yet arrived. Vendors currently project that devices will arrive in September or early October. He detailed that the additional hot spots are anticipated to arrive in two to three weeks. Conner stated that the Department believes these purchases are sufficient to address vulnerable students based on estimates of enrollment at the time purchases were made. However, situations change, including financial needs and employment. He stated that the Department is monitoring the situation as enrollment and circumstances change. Conner highlighted that the Department included questions regarding device and network availability as part of its school packet and further highlighted that schools are currently collecting this data and entering it into systems.

Conner detailed that the Department is working with the Broadband Hui and Hawaiian Telecom to address concerns for specific communities and improve access in rural locations. He detailed that in addition to hotspots, solutions to close access gaps include mobile hubs, learning hubs, and school-based design. He noted that schools plan to work individually with families to address individual situations. Conner reviewed overall outages for network access system wide and statewide. He detailed conversations with Hawaiian Telecom, the Broadband Hui, and providers regarding the ability to manage increased levels of capacity. He stated that the Department has received indications that providers are able to meet needs. He noted that there may be hiccups in particular locations, such as high winds or service interruptions, but providers are confident in their abilities to handle substantially increased capacity. Board Member Barcarse emphasized the importance of backup plans in the event of service interruptions.

Board Member Fallin asked about criteria and vetting for online distance learning platforms, such as Acellus. She expressed concern regarding institutional racism and cultural sensitivity and asked how the Department considers criteria related to curriculum content. Bender explained that the Department reviewed Acellus and has criteria for all of its different curriculum. The Department reviews content to ensure that content is informed by issues of equity and justice. Further, the Department reviews interconnectivity, engagement, and tries to understand what students are learning, including skills, abilities, and knowledge. The Department also reviews how curriculum promotes student agency. Bender stated that the Department has received criticism and concern regarding Acellus and has been reviewing content but thus far has been unable to locate controversial content within the curriculum. The Department is reviewing accreditation of Acellus to determine if there were any reports or concerns since Acellus was granted accreditation in 2018.

Board Member Fallin encouraged the Department to continue vetting online platforms and asked how long Acellus has been in use. Bender stated that the Department has used this platform for ten years and the vendor has been established for 18 years. She stated that the Department has not located accreditation concerns nor received other concerns prior to August. Board Member Fallin asked if the Department received local concerns in the past. Board Member Fallin stated that one past concern included a need for increased rigor. However, the Department uses an assortment of different types of curriculum and instructional material. Board Member Fallin asked about the number of schools using Acellus as a learning platform and about the Department’s plans to clarify the definition of distance learning. Bender stated that she would need to provide the number of schools using Acellus later. Kishimoto stated that the Department’s leadership team has been meeting to determine ways in which to understand and clarify distance learning.

Board Member Fallin asked about attendance. Kishimoto stated that the Department made major shifts to account for the daily attendance of students and various offices are working closely together to lead through changes. Heidi Armstrong, Assistant Superintendent, Office of Student Support Services, explained that attendance might depend on how schools implemented programs. She detailed that there might be minimum login requirements and teachers and principals would determine how long a student should remain logged in. Other methods to collect attendance include a combination of face-to-face time or assignment completion or login time. She explained that the Department provided a guidance book with various models from schools across the nation. She stated that there are various ways in which to collect attendance and might depend on how schools are conducting distance learning.

Board Member Fallin asked for updates on attendance metrics and stated that attendance is a key metric. She detailed that attendance metrics might inform the Department of challenges for vulnerable students and increasing gaps. Kishimoto confirmed that the Department would provide attendance data as part of its monthly reports and highlighted that the Department is in the process of developing a dashboard and progress reports.

Board Member Fallin asked about special education, distance learning, and expectations. She asked whether schools or parents are responsible for providing special education services. Armstrong explained that if parents opt for distance learning, the school’s team, including the child’s parents, teachers, and service providers, would meet to review the student’s individualized education program and determine which components can be implemented via distance learning. She noted that distance learning might be the appropriate methodology in many cases, especially for students in inclusion classrooms. However, some services cannot be delivered online and might require one-on-one attention. Armstrong explained that the team would determine how to provide services and create a plan with providers and parents, including which services the child is able to receive online and which services the child cannot receive online. Board Member Fallin asked if this procedure is consistent across schools. Armstrong confirmed that this process is being implemented consistently across schools and noted that schools are receiving specific training on this process.

Board Member Cox asked whether the 11,000 hotspots were ordered of it this was just a plan to order the hotspots. Conner stated that the hotspots were ordered today and he is expecting to receive them in 2-3 weeks. Board Member Cox asked whether the 11,000 hotspots met the demand. Conner stated that the hotspots are distributed to the complex areas and they distribute them as they see fit. Board Member Cox stated that the Board needs data to understand how many devices schools need to do distance learning. She emphasized that she is not asking about the number of devices ordered; she needs to know how many students do not have a device or connectivity.

Board Member Cox expressed concern that younger students are unable to work at a computer for long hours and noted that schools in other states are providing elementary school students with various assignments, including drawing, coloring, and art assignments. She stated that touch and hands-on learning is important for younger students and asked whether the Department’s training incorporates how to provide students participating in full distance learning with this type of instruction. Bender explained that training helps teachers understand pedagogical shifts and design instruction. She noted that instruction might include online and offline activities and should be appropriate for developmental ages. She stated that the Department is working to ensure that teachers are highly effective in designing instruction and considering developmental age. Board Member Cox asked how teachers would be able to provide various types of instruction while working from home. Kishimoto explained that teachers might have to visit their campuses or teach from their classrooms depending on what kinds of resources are available to them and they need from home.

Board Member Takeno stated that the Board previously took action on metrics to monitor and evaluate the Department’s comprehensive plan for reopening schools. However, the situation has changed since this action item and concerns have evolved. He stated that there are more variables, and the previous descriptors do not address new variables. Board Member Takeno requested that the Department review its July 23, 2020 memorandum, including the initially proposed descriptors, the Board’s reopening resolution, and concerns, and propose adding descriptors as well as vital sign metrics. He requested that the Department provide updates through monthly reports so that the Board could review how the Department is addressing various concerns. He noted that there appears to be disconnects between testimony and the Department’s reports. Board Member Takeno suggested that the Department amend its Return to Learning plan to include new, up-to-date descriptors and proposed vital sign metrics.

Kishimoto stated that the Department is continuously adding new information to its Return to Learning plan, including additional resources, distance learning descriptions, training, and appropriate instructional structures for distance learning. The Department plans to continue exponentially adding to its Return to Learning plan. She stated that the Department recently met with its data governance staff to discuss how the Department is capturing data based on metrics and how the Department could collect comprehensive data stories and growth areas. She noted that there would be exponential changes and growth areas that occur throughout the year and conversations regarding metrics would need to be ongoing. Kishimoto stated that the Department could review adjustments to its July 23, 2020 memorandum and revisit descriptions in light of changes that occurred in the period between the Board’s previous meetings and actual reopenings.

Board Member Takeno acknowledged that the situation is evolving. He requested that the Department provide an update regarding its Return to Learning plan at the Board’s next meeting, including adjustments to descriptors and proposed vital sign metrics. Following the Department’s update, he requested that the Department provide frequent reports. He stated that the Department should inform the Board of changes anytime that the Department makes changes to its Return to Learning plan. Board Member Takeno stated that the situation would continue to evolve and the Board would need to be aware of various situations, variables, and the Department’s progress in addressing concerns. Kishimoto stated that the Department would need to meet with its data governance team to ensure that the Department could provide the Board with information in time for its next meeting. She stated that the Department could certainly deliver for the Board’s next meeting and discuss other information that the Board would like. Kishimoto detailed that the Department is in the process of staging its report and wanted to ensure that the Department understood how to capture changes. She stated that the Department could provide this information for the Board’s upcoming meeting for discussion or provide information in a report format. She noted that she could meet with Board members to receive feedback and share information with the public.

Board Member Takeno requested that the Department elaborate on its descriptors, provide proposed metrics, and present this information at the Board’s next meeting. Afterwards, the Board would like to receive reports. Kishimoto expressed concern regarding Sunshine Law and detailed a timeline in which she could provide information. She stated that the Department could possibly send information by the end of the first week of September or within her Friday Board brief. She assured the Board that the Department would provide information in time for the Board’s next meeting.

Board Member Shanty Asher asked whether teachers are given flexibility in terms of options to telework or conduct distance learning instead of in-person instruction and asked about the process of approval for requests. She stated that some teachers are more effective at distance learning while others are more effective in the classroom and some teachers have valid health and safety concerns. She asked who grants telework requests. Board Member Asher commented that schools are arranging the distribution of devices based on needs and expressed concerns that some families do not have connectivity or are worried about liability if accepting loaner devices. She asked if delays in receiving devices or connectivity would affect student attendance or grades. Board Member Asher asked about the Department’s hotline, tutoring resources, and language access accessibility.

Board Chairperson Payne asked about personnel. Cynthia Covell, Assistant Superintendent, Office of Talent Management, highlighted that the Department filled 97% of its positions. She stated that the Department has 420 vacancies, which is lower than its typical starting year vacancies. The Department has been reviewing attendance rates and whether teachers are calling in absences. She highlighted that fewer teachers have called in so far this year compared to last and further highlighted that 95% of teachers showed up to work the first week of school. She detailed challenges regarding the Department’s substitute teacher pool and further detailed the Department’s efforts to expand that pool.

Board Vice Chairperson Uemura asked about cleaning practices. Tanaka explained cleaning guidance, including focuses on high touch areas. He emphasized the Department’s focus on masks, hand washing, and physical distancing. He noted that these practices minimize the potential for spread. Board Vice Chairperson Uemura stated that the Department indicated that it was aligning its guidance with other public health agencies. He noted that previously the Department referred to mandates but now refers to guidance. He emphasized that the Department would need to provide a definition of “frequent” and asked whether teachers clean their own classrooms and purchase their own cleaning supplies. Covell explained that guidance indicates that areas should be wiped down before and after classes each day or as frequently as possible. She detailed the Department’s challenges regarding custodial staff shortages and noted that there might not be enough custodial staff to wipe down surfaces in between each class. Board Vice Chairperson Uemura expressed concern regarding sanitization and emphasized the importance of maintaining sanitary conditions in classrooms. He asked if the Department needed to hire additional personnel or if teachers would need to clean their own classrooms. Covell stated that contracts do not require teachers to clean their own classrooms. Teachers are able to wipe down tables in between classes if that is what they want to do. The Department’s guidance indicates that high touch areas are wiped frequently, but does not provide a specific number. She stated that custodial staff are frequently focusing on doorknobs, lavatories, and other high touch and common areas.

Board Member Voss stated that learning labs are a critical component in terms of equity of access and asked how schools would staff learning labs. Unebasami explained that classroom teachers would not supervise learning labs because classroom teachers are teaching distance learning. She stated that the Department plans to staff learning labs with casual hires and other positions, such as educational assistants. She detailed that schools are using existing funds for these positions and the Department is reviewing how to prioritize learning labs with existing resources.

Board Chairperson Payne reviewed the next areas of concern, including food service and student transportation. She stated that Board members discussed many issues related to these two areas earlier in the meeting.

Kishimoto stated that the Department continues to follow federal guidance to support families with grab and go meals and continues to work through adjustments. She stated that the Department would continue to offer transportation services for students receiving special education services who need to receive services on-campus.

Board Vice Chairperson Uemura asked about social distancing on school buses. Tanaka explained that the Department is following public health guidance in implementing social distancing on school buses. He noted that the Department expects ridership to be relatively low which will make it easier to implement six feet of social distancing. In the future the Department might need to implement three feet of social distancing, but is attempting to continue to adhere to six feet.

Board Vice Chairperson Uemura asked again about teachers buying their own cleaning supplies for classrooms. Tanaka explained that the Department is reimbursing teachers who purchase supplies. He noted that the Department has criteria for cleaning resources and teachers must receive approval from supervisors to receive reimbursements.

Board Chairperson Payne reviewed the next areas of concern, reconciling multiple guidance documents and collective bargaining agreements and communication.

Kishimoto stated that the Department continues to use feedback to develop infographics, summative documents, and other resources. The Department continues to review how to present information to the public and meet in work groups to discuss what and how to communicate. She detailed the Department’s changes to its internal offices, including dedicating positions to specifically manage COVID-19 communication, and further detailed changes to the Department’s weekly reporting of COVID-19 cases. She stated that the Department would continue to improve its communication.

Luke stated that the Department has to make quick changes and adjustments to ensure health and safety and emphasized the importance of timing and being proactive in communicating updates. He detailed that the Department engages with various components of its tri-level leadership to communicate and coordinate information.

Board Chairperson Payne emphasized the importance of timeliness and coordination of information. She expressed concern that schools oftentimes receive duplicate or overlapping messaging.

Board Vice Chairperson Uemura asked why the Department does not identify schools when reporting COVID-19 cases. Kishimoto explained the importance of not releasing identifiable information. She stated that the Department has been in communication with and receiving guidance from DOH and reviewing practices across other states in terms of reporting COVID-19 cases. She explained that the Department must carefully and appropriately report cases as to not violate FERPA and HIPAA privacy laws. She stated that the Department would continue to examine how to share information and what kinds of information is appropriate to share.


VI. Adjournment

Board Chairperson Payne adjourned the meeting at 8:42 p.m.