STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, February 21, 2019


PRESENT:
Catherine Payne, Chairperson
Brian De Lima, Esq., Vice Chairperson
Patricia Bergin
Kili Namau‘u
Dwight Takeno
Kenneth Uemura
Bruce Voss, Esq.

EXCUSED:
Margaret Cox
Nolan Kawano
Captain Lyn Hammer (military representative)
David Texeira (student representative)

ALSO PRESENT:
Christina Kishimoto, Superintendent
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Board Private Secretary
Irina Dana, Secretary


I. Call to Order

The Board of Education (“Board”) General Business Meeting was called to order by Board Chairperson Catherine Payne at 1:31 p.m.


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

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

Name
Organization
Agenda Item
Position
Linda ElentoPublic IV.B. Finance and Infrastructure Committee Report on: (1) Update on Department of Education fiscal reports as of December 31, 2018 (Comparison to Budget, School Food Service, Student Transportation, Utilities, Impact Aid receipts, and Capital Improvement Program); (2) Presentation on Department of Education Financial Management System modernization; (3) Update on status of implementation of Act 155 (Hawaii Revised Statutes Section 302A-1151.1, Pilot program for lease of public school land): procurement code issue and status of due diligence and investigation of three possible sites; (4) Committee Action on composition of Committee on Weights XIComment

Linda Elento, member of the public, testified on her concerns regarding how the Department spends funding for special education services. Elento described how her child does not receive services that he needs and expressed further concern over decision making in regards to special education education services.


III. Approval of Meeting Minutes of February 7, 2019

ACTION: Motion to approve the General Business Meeting minutes of February 7, 2019, and the General Business Meeting Executive Session minutes of February 7, 2019 (De Lima/Uemura). The motion carried unanimously with all members present voting aye.


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

Note: Board Chairperson Payne took this agenda item after agenda item IV.D (regarding “Superintendent’s Report …”) but before agenda item IV.B (regarding “Finance and Infrastructure Committee Report …”).

Human Resources Committee Chairperson Brian De Lima reported that the committee took action on the reorganization of the Office of School Facilities and Support Services and on the appointment of the Assistant Superintendent of the Office of Student Support Services. He noted that the committee discussed the importance of the Department of Eductation (“Department”) filling vacant positions within its Facilities Maintenance Branch. It plans to monitor this item and place it on a future agenda. He reported that the committee discussed the declaration of an annual RIF for classified employees but deferred action to the Board. Committee Chairperson De Lima noted that the Department identified a small number of employees for its RIF.

Finance and Infrastructure Committee Chairperson Kenneth Uemura reported that the committee received an update on the Department’s fiscal reports as of December 31, 2018, a presentation on the Department’s financial mangagement system modernization, and an update on the status of the implementation of Act 155. He noted that the Department’s financial management system modernization would be a significant project. Committee Chairperson Uemura reported that the committee also took action on the composition of the Committee on Weights XI.

Board Chairperson Payne reported that ad hoc committee members have been attending hearings and submitting testimony either commenting on, opposing, or supporting various measures.

Board Chairperson Payne highlighted the status of several legislative bills. She stated that the Office of Information Practices (“OIP”) provided comments on House Bill (“HB”) 411, which would have affected the Board’s community meetings. Board Chairperson Payne detailed that OIP’s original testimony requested that the Legislature require the Board to videotape its community meetings, which would require the Board to formalize these meetings. She highlighted that OIP adjusted its testimony to align with the Board’s current practices, and the House Committee on Judiciary made amendments based on OIP’s revised testimony.

Board Chairperson Payne stated that the ad hoc committee provided comments on HB 407, which would grant the Board authority to appoint complex area superintendents (“CAS”). She detailed that the ad hoc committee requested that the bill clarify whether the intent is for the Board to have direct oversight over CASs because this may present governance issues. She stated that the House Committee on Lower and Higher Education amended it to provide clarity that the Board’s authority over CASs is limited to hiring and termination. However, the ad hoc committee may request additional clarification as the bill moves forward.

Board Chairperson Payne detailed that the ad hoc committee provided comments on HB 413, which would have required the Board to administer a newly-established Education Innovation Grants Program. She stated that the ad hoc committee requested that the Legislature amend the bill so that the Department is responsible for administering the program.

Board Chairperson Payne stated that the Legislature has proposed a number of bills that indicate that the Legislature is unclear as to the Board’s role. She noted that the Board does not develop, implement, or oversee programs, and the ad hoc committee is trying to help the Legislature understand the Board’s role versus the Department’s role.

Board Chairperson Payne stated that the Board requested an additional analyst position for its support office and highlighted that this bill continues to move forward. She detailed that the ad hoc committee is continuing to closely monitor early learning bills and is working with the Executive Office on Early Learning and the Early Learning Board to coordinate efforts and ensure that each agency is not submitting conflicting testimony. Board Chairperson Payne stated that the Legislature amended Senate Bill 171, which would create a task force to establish a process for the transfer of jurisdiction over all public schools from the State to the county in which the public school is located, to include all counties rather than solely the City and County of Honolulu. She noted that the ad hoc committee continues to monitor this bill as it moves forward.

Board Chairperson Payne highlighted that ad hoc committee members continue to meet with various legislators. She highlighted that she recently met with Hawaii State Senate President Ronald D. Kouchi to discuss the Department’s ‘Āina Pono programs and share the Department’s progress. She noted that Senate President Kouchi relayed that he would like the Board and Department to learn from several programs on Kauai. Board Chairperson Payne detailed that the Department is serious in its efforts to move forward on programs that would help the State reach its sustainable agriculture goals.

Board Member Bruce Voss noted the ad hoc committee’s work uses a good amount of additional Board Support Office resources and that the Board did not ask the Legislature for additional resources to do this work. The Board’s efforts show good stewardship of funding.

Board Chairperson Payne stated that the Legislature introduced 800 bills related to education. She noted that the Board is monitoring a couple hundred bills and the Department is monitoring an even higher number of bills.
Note: Board Chairperson Payne took this agenda item after agenda item III (regarding “Approval of Meeting Minutes …”) but before agenda item IV.A (regarding “Human Resources Committee Report …”).

Christina Kishimoto, Superintendent, reported that the Hawaii School Counselor Association gathered for training on February 8, 2019, and discussed strategies and college and career readiness goals. Kishimoto highlighted that she attended band concerts at McKinley High School and Roosevelt High School. She further highlighted that Roosevelt High School’s band would be representing Hawaii and performing at Carnegie Hall.

Kishimoto reported that the Department received notification from the U.S. Department of Education that the number of schools it identified as part of the Comprehensive Support and Improvement (“CSI”) designation is not sufficient, and it would like the Department to identify additional schools. Kishimoto stated that CSI-designated schools are the lowest performing 5% of schools, and Targeted Support and Improvement (“TSI”) designated schools are the lowest performing schools of the lowest 5%. She noted that TSI-designated schools typically have a subgroup that is underperforming on the Every Student Succeeds Act (“ESSA”) measures. She stated that the Department identified 17 schools as part of its CSI-designation and originally identified 11 schools as part of its TSI-designation. However, it amended its TSI-designation list to include 65 schools after receiving notification from the U.S. Department of Education. Kishimoto stated that the Department would need to distribute its annual allocation of Title I funds to 65 schools rather than 11 schools. She noted that the U.S. Department of Education did not provide the Department with additional funds for expansion. Kishimoto stated that the Department has met with the Governor, members of the public, and various stakeholder groups since it learned of the requirement to change this component of the ESSA plan. She stated that the Department plans to submit its final designation to the U.S. Department of Education for approval and should hear back by mid-April and that Board approval is not required for this change to the ESSA plan.

Kishimoto stated that the Department continues to work on its leadership development initiatives. She highlighted that the Department updated its profile of effective school leaders and plans to align its leadership institute plan with important strategies, such as design thinking, innovation, and applied learning. She detailed that the Department is modifying its leadership institute plan in other areas as well and plans to build its leadership development plan overall.


V. *Public Testimony on Board Agenda Items

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


VI. Action Items
ACTION: Motion to approve the Department’s reorganization of the Office of School Facilities and Support Services, Facilities Maintenance Branch, as described in the Department’s memorandum dated February 21, 2019, provided that the Department reports on vacant positions within 90 days (Human Resources Committee/no second required). The motion carried unanimously with all members present voting aye.

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

ACTION: Motion to authorize the Department to commence a reduction in force for classified employees for the purpose of initiating the collectively bargained reassignment and bumping rights for affected employees, as described in the Department’s memorandum dated February 21, 2019 (De Lima/Takeno). The motion carried unanimously with all members present voting aye.

ACTION: Motion to approve the appointment of Heidi Armstrong as the Assistant Superintendent of the Office of Student Support Services (Human Resources Committee/no second required). The motion carried unanimously with all members present voting aye.

ACTION: Motion to approve the proposed composition of the Committee on Weights IX as described in the Department’s memorandum dated February 21, 2019, with the addition of a student representative to the composition (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.


VII. Executive Session
This portion of the meeting was closed under Section 92-4 and Section 92-5(a)(2) and (3), Hawaii Revised Statutes.
ACTION: Motion to move into executive session to consult with the Board’s attorney on agenda item VII.A (“Briefing on proposed legislation with possible legal implications”) and to consider the dismissal of emplyees as described in agenda item VII.C (“Discussion of Human Resources Committee recommendations concerning declaration of annual reduction in force (“RIF”) for classified employees to initiate collectively bargained placement rights for employees displaced due to changes in staffing needs”) (De Lima/Uemura). The motion carried unanimously with all members present voting aye.

The meeting recessed at 1:55 p.m. and reconvened at 2:38 p.m.

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

The Board did not deliberate in executive session on agenda item VII.B (“Discussion of Human Resources Committee recommendations concerning reorganization of Office of School Facilities and Support Services, Facilities Maintenance Branch”), agenda item VII.D (“Discussion of Human Resources Committee recommendations concerning appointment of the Assistant Superintendent of the Office of Student Support Services”), or agenda item VII.E (“Update on Hawaii State Teachers Association contract, the Hawaii Government Employee Association contracts, and related Hawaii State Labor Board matters”).

Note: The Board took action on agenda item VI.B (“Board Action on Human Resources Committee recommendations concerning declaration of annual reduction in force (“RIF”) for classified employees to initiate collectively bargained placement rights for employees displaced due to changes in staffing needs”) after executive session.


VIII. Adjournment

Board Chairperson Payne adjourned the meeting at 2:39 p.m.