STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Nanakuli Public Library
89-070 Farrington Highway, Heleakala Meeting Room
Waianae, Hawaii 96792
Thursday, May 2, 2019

PRESENT:
Catherine Payne, Chairperson
Brian De Lima, Esq., Vice Chairperson
Nolan Kawano
Dwight Takeno
Kenneth Uemura
David Texeira (student representative)
Captain Lyn Hammer (military representative)

EXCUSED:
Patricia Bergin
Margaret Cox
Kili Namau‘u
Bruce Voss, Esq.

ALSO PRESENT:
Christina Kishimoto, Superintendent
Phyllis Unebasami, Deputy Superintendent
Stacey Aldrich, State Librarian
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Board Private Secretary
Irina Dana


I. Call to Order

The Board of Education (“Board”) General Business Meeting was called to order by Board Chairperson Catherine Payne at 5:17 p.m.


II. Welcome and Tour of Nanakuli Public Library

Stacey Aldrich, State Librarian, and Kelsey Faradineh, Branch Manager, Nanakuli Public Library, welcomed Board members and the public and led them on a tour of Nanakuli Public Library.


III. Presentation on Nanakuli High and Intermediate School

Darin Pilialoha, Principal, Nanakuli High and Intermediate School, reviewed the school’s demographics, school design, core values, culture, curriculum, partnerships, and infrastructure. He shared student stories and the school’s focus on various core values.


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

Board Chairperson Payne called for public testimony. There was no public testimony at this time.


V. Approval of Meeting Minutes of April 18, 2019

ACTION: Motion to approve the General Business Meeting minutes of April 18, 2019, and the General Business Meeting Executive Session minutes of April 18, 2019 (Uemura/De Lima). The motion carried unanimously with all members present voting aye.


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

Audit Committee Chairperson Payne reported that the committee received a presentation on and discussed the Department of Education’s (“Department”) internal audit plan quarterly update through March 31, 2019. She reported that the committee took action on the Department’s annual financial and single audit for the fiscal year ended June 30, 2018, and provided the auditors with comments. She reported that the committee also took action on the Department’s amended investigation process review. The committee recommended approval of the Department’s updated risk assessment and internal audit plan with comments regarding risk determination.

Board Chairperson Payne reported on the legislative conference committees and the results of the 2019 Legislative Session. She described the journey of Senate Bill (“SB”) 78, which establishes the Executive Office on Early Learning as the administrative authority for state-funded prekindergarten programs and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs. Board Chairperson Payne detailed that Senator Michelle Kidani originally introduced SB 78 as a bill to require and fund a study on the adequacy of school funding and described the House Committee on Finance and the Senate’s decision-making and changes to SB 78 throughout the legislative session. She noted that the Department requested funding for 22 additional prekindergarten classrooms, but the Legislature ultimately appropriated funds for ten. However, charter schools will receive funding to maintain their 18 classrooms. Board Chairperson Payne emphasized the importance of early learning moving forward at a faster pace because these classrooms intend to serve areas where children do not receive services. She detailed disagreements regarding the Department’s role in the early learning process and noted that there are still discussions that the Department will need to have moving forward regarding its role and the role of partners.

Board Chairperson Payne highlighted that the Legislature passed SB 592, which increases the state librarian’s salary cap to $175,000 per year. She noted that the Legislature had not raised the state librarian’s salary cap since 2002.

Board Chairperson Payne detailed other bills that the ad hoc committee monitored throughout the legislative session. She stated that the Legislature passed SB 383, which requires the Department to establish a mandatory youth suicide awareness and prevention training program. She noted prior versions of SB 383 would have required the Board to implement the program, but the ad hoc committee testified that the Department has that responsibility due to the Board and Department’s unique roles. Board Chairperson Payne detailed that the Legislature passed House Bill 407, which requires the Board to approve the termination of Complex Area Superintendents (“CAS”), and stated that the ad hoc committee testified in opposition to this bill. She explained that while the Board approves the selection of CASs, the Board might not have the constitutional authority to approve the termination of CASs.

Board Chairperson Payne emphasized the importance of the Board building positive relationships with legislators. She noted that the Legislature would like to see Board members more involved and would like to continue discussions with the Board. She stated that the Legislature has expressed interest regarding how the Department spends funding and highlighted that the Superintendent is reviewing a system that would provide the Legislature with more access to information regarding funding. She stated that the Legislature expressed concern regarding Act 155 and emphasized that the Board and the Department need to continue to work with the Legislature to explain processes and resolve issues.
Christina Kishimoto, Superintendent, reported that the Department has activities planned throughout the state to honor teachers during Teacher Appreciation Week. She detailed that the Department is constructing a new building at Mililani Middle School, which will help Mililani Middle replace its current multi-track calendar with a single-track school year. Kishimoto stated that she recently visited Kohala High School and highlighted that Kohala High School’s robotics team recently left to compete in a national competition.

Kishimoto stated that the Department tracked 801 bills this legislative session. She stated that the Department’s focus was on reprogramming funds to align with strategic priorities and ensuring that its budget reflected priority areas. She highlighted that the Department received $1.5 million to expand early college access. The Department received significant allocations for capital improvement program projects in both years of the biennium to address Title IX and Americans with Disabilities Act compliance issues. She highlighted that the Department received funds for repair and maintenance projects and detailed the Department’s implementation of the job order contracting system. Kishimoto stated that the Legislature deferred bills related to teacher housing and noted that the Department would continue to monitor these bills in the second year of the biennium.

Kishimoto reviewed the 2020-2030 Strategic Plan planning process and five draft promises. She detailed that the five promise themes would structure the 2020-2030 Strategic Plan, conversations, and budgets. She detailed that the Department plans to engage community members around three questions, including where Hawaii’s education is now, where Hawaii’s education system is going, and what it will take to achieve specific experiences in every public school in Hawaii. Kishimoto highlighted that the Department designed its promise statements with the goal of making promises to students about what they can expect from their public education experience. The Department intends to align its promises with operations, budgets, system modernization, teacher capacity, and support.

Kishimoto presented a video that introduced a toolkit that the Department created for community members, stakeholders, schools, and Department staff. The toolkit is intended to help the Department start conversations about the five promises and collect feedback.

Kishimoto reviewed a brief timeline and next steps. She detailed that the Department is currently in Phase I of the planning process and is communicating about its toolkit, holding engagement sessions, and collecting data. The Department plans to enter Phase II in the fall and will draft the initial 2020-2030 Strategic Plan and review specifics, including alignment, operational upgrades, and budgets. The Department intends to present the initial draft to the Board in the December or January timeframe for feedback and hopes to present the final draft in February for Board-adoption. She stated that the Department plans to communicate the five promise themes via media outlets between the months of September and December.

Board Vice Chairperson Brian De Lima expressed concern over the Department’s messaging, including the potential misperception that parents and struggling students have to wait until 2030 for the Department to fulfill its promises. He stated that the Department must message how it would continue to improve public education through 2030 and suggested that the Department build in benchmark reviews for the 2020-2030 Strategic Plan in the years 2024 and 2027. He emphasized the importance of the Department continuing to review and monitor current benchmarks, including chronic absenteeism. Board Vice Chairperson De Lima emphasized the importance of the Department empowering principals and stated that empowerment results in students being excited about education. He suggested that the Department modify its message to include struggling students.

Investigative Committee Chairperson De Lima reported that the committee investigated the nomination of individuals to serve as members of the State Public Charter School Commission (“Commission”). He reported that the committee recommends the nomination of three incumbent members who applied to serve a new three-year term, including Sylvia Hussey, H. Mitchell D’Olier, and G. Kalehua Krug. Board action on the committee’s recommendations is scheduled for the Board’s General Business Meeting on May 16, 2019.

Committee Member Payne stated that pursuant to Sunshine Law, the Board cannot deliberate or take action at this meeting but will do so at a future General Business Meeting.

Committee Member Payne stated that Committee Member Patricia Bergin recused herself from participation and involvement in the committee and was not involved in any of the committee’s work.


VII. Public Testimony on Board Agenda Items

Board Chairperson Payne called for public testimony. There was no public testimony at this time.

VIII. Action Items
Audit Committee Chairperson Payne reported the committee’s recommendations.

ACTION: Motion to accept the Department of Education’s Annual Financial and Single Audit for the Fiscal Year ended June 30, 2018 (Audit Committee/no second required). The motion carried unanimously with all members present voting aye.

Audit Committee Chairperson Payne reported the committee’s recommendations.

ACTION: Motion to accept the Department of Education’s amended Investigation Process Review (Audit Committee/no second required). The motion carried unanimously with all members present voting aye.

Audit Committee Chairperson Payne reported the committee’s recommendations. The recommendation is that the Board approve the Department’s Updated Risk Assessment and Internal Audit Plan so that the Internal Audit Office (“IA”) could begin projects in the next fiscal year but table approval of the risk assessment ratings so that IA could review how it determines risk.

ACTION: Motion to approve the Department of Education’s Updated Risk Assessment and Internal Audit Plan July 1, 2019 – June 30, 2022, as attached to the Department’s memorandum dated May 2, 2019, except for the risk assessment ratings (Audit Committee/no second required). The motion carried unanimously with all members present voting aye.

Board Chairperson Payne stated that Student Achievement Committee Chairperson Margaret Cox waived the committee’s jurisdiction to take action on the documents necessary to implement a multiple charter school authorizer system, including an application for chartering authority, authorizing contract, and authorizer performance evaluation system, and requested to bring this matter to the Board because two out of the five of the committee’s voting members recused themselves from deliberation and decision-making on this subject.

Board Chairperson Payne stated that Committee Chairperson Cox revised the multiple authorizer system documents after reviewing the public comments and comments from the Department of the Attorney General.

ACTION: Motion to: (1) approve the application for chartering authority, authorizing contract, and authorizer performance evaluation system attached to Committee Chairperson Cox’s memorandum dated May 2, 2019, with the changes accepted; and (2) authorize the Board Executive Director to make any technical, non-substantive changes as necessary for clarity and consistency (De Lima/Takeno). The motion carried unanimously with all members present voting aye.

Board Chairperson Payne stated that the Office of the Auditor requested information relating to the audit of the Department’s school impact fees and fair share contributions.

Note: The Board took action on this agenda item after executive session.

ACTION: Motion to direct the Board Executive Director to respond to a request for information from the Office of the Auditor (De Lima/Uemura). The motion carried unanimously with all members present voting aye.


IX. Community Open Forum

Board Chairperson Payne stated that the Board would be holding a community open forum and accepting public comments on issues that are not on the Board’s agenda. She noted that Board Members could not respond to or discuss public comments received during the community open forum that do not appear on the meeting agenda, pursuant to Sunshine Law. However, the Board could consider placing issues on an agenda for a future Board meeting.

Name
Organization
Issue
Phoenix Maimiti ValentineHawaiiKidsCANEducation and involvement
David MiyashiroHawaiiKidsCANDepartment hiring systems and geographic exceptions
Hawaii State Representative Amy Perruso Hawaii State LegislatureCommunity engagement

Phoenix Maimiti Valentine, HawaiiKidsCAN, emphasized the importance of education and described all the knowledge that she has gained through community programs outside of traditional classrooms. She encouraged Board Members to become involved and active in their communities.

David Miyashiro, HawaiiKidsCAN, commented that the Board and Department need to ensure that its systems for hiring school leaders do not disadvantage talented applicants from charter, independent, and out-of-state schools. He also encouraged the Department to share implementation rules and policies with authorized providers interested in working with the Department. Miyashiro detailed frustrations that families have with the Department’s geographic exception process and encouraged the Department to provide transparency to alleviate concerns regarding unfair advantages.

Hawaii State Representative Amy Perruso commented that it was apparent during legislative session that community members felt disconnected from their schools and educational system. She encouraged the Board to review how it could improve its community meeting structure to increase community engagement and requested that the Board advertise community meetings more widely and post agendas as early as possible. Perruso encouraged Board members to attend community sessions held by legislators to answer questions, mitigate concerns, and correct information. She noted that active Board involvement could prevent policy proposals that might be counterproductive to education and emphasized the importance of Board members having discussions with legislators prior to the start of the legislative session.


X. Executive Session
This portion of the meeting was closed under Section 92-4 and Section 92-5(a)(4), Hawaii Revised Statutes.
ACTION: Motion to move into executive session to consult with the Board’s attorney on the matter described on the agenda (Uemura/De Lima). The motion carried unanimously with all members present voting aye.

The meeting recessed at 6:40 p.m. and reconvened 7:14 p.m.

Board Chairperson Payne called for public testimony. There was no public testimony at this time.

Note: The Board took action on agenda item VIII.E, entitled “Board Action on request from Office of the Auditor for information relating to audit of the Department of Education’s School Impact Fees and Fair Share Contributions,” after executive session.


XI. Adjournment

Board Chairperson Payne adjourned the meeting at 7:15 p.m.