STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, October 18, 2018


PRESENT:
Catherine Payne, Chairperson
Brian De Lima, Esq., Vice Chairperson
Patricia Bergin
Kili Namau‘u
Dwight Takeno
Kenneth Uemura
Bruce Voss, Esq.
Captain Lyn Hammer (military representative)
David Texeira (student representative)

EXCUSED:
Margaret Cox
Nolan Kawano

ALSO PRESENT:
Christina Kishimoto, Superintendent
Dann Carlson, Assistant Superintendent, Office of School Facilities and Support Services
John Chung, Public Works Manager, Project Management Section, Office of School Facilities and Support Services
Stacey Aldrich, State Librarian
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 1:30 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
Jill NunokawaPublicV.B., Update on plan to address Title IX gender equity for field access and athletic facilities (related to Board of Education and Department of Education 2018-2019 School Year strategic priority on equity and access) Comment

Jill Nunokawa, member of the public, testified on the Department of Education’s (“Department”) plan to address Title IX of the Education Amendments Act of 1972 (“Title IX”) gender equity for field access and athletic facilities. Nunokawa detailed the history of Title IX and highlighted work that she accomplished as Vice Chairperson of the Superintendent of Education’s Committee on Gender Equity. She stated that this committee no longer existed and detailed why it is important for the Department to establish a committee, including oversight, accountability, assistance, and expertise. Nunokawa expressed concern over the Department’s presentation, proposed budget allocations, and lack of compliance. She urged the Board and Department to reconvene the Committee on Gender Equity to assist the Department toward full compliance.

Christina Kishimoto, Superintendent, expressed appreciation for Nunokawa’s testimony and highlighted that the Department is moving toward reinstating a committee and would be working on that this fall. She stated that she would be happy to meet with Nunokawa to discuss the Committee on Gender Equity’s prior work.

Board Vice Chairperson Brian De Lima highlighted that Nunokawa could provide the Department with valuable input and further highlighted her credibility in addressing Title IX.

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

Name
Organization
Agenda Item
Position
Martha Guinan, Ivalee Sinclair Special Education Advisory CouncilVII.B., Board Action on Finance and Infrastructure Committee recommendations concerning Department of Education’s proposed operating budget for 2019-2021 fiscal bienniumComment


III. Approval of Meeting Minutes of October 4, 2018

ACTION: Motion to approve the General Business Meeting minutes of October 4, 2018 (De Lima/Voss). The motion carried unanimously with all members present voting aye.


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

Human Resources Committee Chairperson De Lima reported that the committee conducted an evaluation of the State Librarian for School Year (“SY”) 2017-2018.
Finance and Infrastructure Committee Chairperson Kenneth Uemura reported that the committee received an update on the status of implementation of school impact fee districts and detailed that the Department began implementing impact fees on October 1, 2018. He stated that the committee also received an update on the status of implementation of Act 155 and noted that the committee directed the Department to follow through with publishing a request for information. Committee Chairperson Uemura reported that the committee took action on the Hawaii State Public Library System’s (“HSPLS”) proposed budget for the 2019-2021 fiscal biennium, the Department’s proposed operating budget for the 2019-2021 fiscal biennium, and the Department’s proposed capital improvements program (“CIP”) budget for the 2019-2021 fiscal biennium. He stated that the committee would be recommending all three items for approval.

Kishimoto reported on schools she recently visited, including Honowai Elementary School. She highlighted that Honowai Elementary recently received a Green Ribbon Award from the U.S. Department of Education. She further highlighted that students were involved in the awards ceremony. She stated that Honowai Elementary is the first school in Hawaii to receive a Green Ribbon Award and detailed its efforts around sustainability and instructing students on what they contribute. She stated that Hawaii’s public schools could be more competitive on this front and noted that the Department is going to have more schools start applying for this award.

Kishimoto highlighted that she had the opportunity to visit three charter schools on Oahu with Sione Thompson, Executive Director of the State Public Charter School Commission (“Commission”), and expressed appreciation for the Department’s partnership with the Commission. She stated that she visited Ka‘ôhao School, Wai‘alae Elementary Public Charter School, and Myron B. Thompson Academy. Kishimoto highlighted that Wai‘alae Elementary Public Charter School’s demographic data reflects its surrounding community which shows that it recruits from its community.

Kishimoto highlighted that she visited four schools on Kauai with Military Representative Captain Lyn Hammer and William Arakaki (Complex Area Superintendent, Kauai Complex Area). Kishimoto highlighted that she met with Thomas Brady (Director, Department of Defense Education Activity), who was here in Hawaii from Washington D.C. She detailed her visits to several schools, including Waimea Canyon Middle School and Waimea High School. She detailed that the schools are working in partnership to plan restructuring of instructional time to allow students to prepare in middle school for high school redesign of academy structure. She stated that Waimea Canyon Middle School has dedicated 20% of every school day to innovation using design thinking. She noted that students are working to repurpose obsolete instructional space that the school formerly used for woodworking and auto shop.

Military Representative Captain Hammer emphasized the ingenuity of leadership of the schools she visited on Kauai. She highlighted that schools are reaching out to the community, building relationships, and bringing in individuals from the community to assist. Military Representative Captain Hammer noted that she has visited between 15 to 20 Department schools and the characteristics of the schools she visited on Kauai were particularly strong. She noted that she had the opportunity to visit Waimea Valley High School’s academies and learn about agricultural components. Military Representative Captain Hammer stated that it appeared as though military students are involved, thriving, and happy to be at these schools.

Kishimoto stated that the Department continues to see excitement generated when schools embrace student voice and engage students in design processes. She noted that schools have the opportunity to revisit and review how they are organized and designed. She detailed that principals and teachers are working together in teams to review how to strengthen instruction and engagement so that students do not want to miss school.

Kishimoto reported on the schools that are part of the Comprehensive Support and Improvement (“CSI”) designation. She stated that CSI-designated schools are the lowest performing 5% of schools and are not meeting certain benchmarks, such as high school graduation rates. She stated that 11 charter schools and seven Department schools are part of the CSI designation and need support. Out of the 11 lowest performing charter schools, seven are elementary schools, two are middle schools, and two are high schools. She noted that seven of the CSI-designated high schools have a graduation rate of less than 67%. Kishimoto emphasized the importance of the Department intervening and providing these schools with support and an opportunity to have everyone at the table together to improve schools. She stated that these CSI designations are based on data from 2017 and noted that initial data from 2018 is available for the Department to review progress. She stated that the Department would continue to monitor these schools and provide intervention and wraparound support that is designed to meet unique needs.

Kishimoto highlighted the Department and schools designing around students to make instruction exciting for them. She highlighted that five elementary schools have improved this year in math, three have improved English language arts (“ELA”) proficiency rates, and five have improved chronic absenteeism rates. She highlighted that Dole Middle School’s proficiency rates for math and ELA have improved, and it reduced its chronic absenteeism rates. She detailed that Dole Middle School restructured how it delivers instruction and reorganized its school around its students. Kishimoto stated that Nanakuli High and Intermediate School reduced its chronic absenteeism rates and increased its graduation rates. She highlighted that eight out of 11 schools saw decreases in chronic absenteeism. Kishimoto highlighted that the Department is pulling ten to 15 schools with the highest chronic absenteeism rates together in a data report to identify conditions at each school and review schools through a local context rather than use a one-size-fits-all approach for chronic absenteeism. She highlighted that Phyllis Unebasami, Deputy Superintendent, is leading this work, and Rodney Luke, Assistant Superintendent, Office of Strategy, Innovation and Performance, is continuing to support schools. She noted that the Commission is supporting the charter schools and working in partnership with the Department. Kishimoto stated that the Department is looking to improve curriculum and instructional design and is continuing to review schools individually and provide support to principals and their teams so that they feel empowered to make changes.


V. Discussion Items
Stacey Aldrich, State Librarian, highlighted that HSPLS was one of 100 communities to host the inaugural Winter Reading Challenge launched by Zoobean and Shark Tank personality Mark Cuban. She stated that HSPLS focuses on encouraging patrons to read year-round. Aldrich detailed that the challenge encouraged HSPLS patrons to read one million minutes collectively from January 1, 2018 to January 31, 2018. She stated that 2,500 patrons participated and read 2.4 million minutes in one month. She reiterated that HSPLS is trying to create opportunities to encourage families, adults, and children to read year-round.

Aldrich stated that HSPLS celebrated African American History Month in February 2018. She stated that after receiving patron feedback, library staff created a poster featuring notable African Americans of Hawaii, which was distributed to all branch, and branches created special book displays on the topic.

Aldrich highlighted that HSPLS had a significant presence at the 2018 Hawaii Book and Music Festival. HSPLS had an outreach tent where festivalgoers could learn about library resources, programs, and special services offered by the Library for the Blind and Physically Handicapped. Staff demonstrated how to access HSPLS’s website, databases, e-books, and e-magazines. Aldrich detailed that HSPLS coordinated with Olympic gold medalist Kristi Yamaguchi’s Keiki Reading Corner, and families stopped by to listen to local authors and celebrities read their favorite stories, including special readings by First Lady Dawn Amano-Ige and former First Lady Lynne Waihee. Aldrich encouraged Board Members to attend and participate in special readings at the next festival.

Aldrich stated that HSPLS librarians led the 54th Annual Nçnç Award Ceremony on May 5 at the Mission Museum Auditorium. Each year students in fourth through sixth grade select a book to read and then honor the work through a contest of essays, creative media, and posters. This year’s book was Roller Girl by Victoria Jamieson. In line with the theme, skaters from the Pacific Roller Derby hosted an audience of 250 invited guests, students, and public. At the conclusion of the ceremony, El Deafo by Cece Bell was announced as the 2018 winner. Aldrich stated that HSPLS worked with OverDrive to make unlimited access to El Deafo available in e-book through the HSPLS website via Overdrive until May 2019. Aldrich stated that in partnership with the Hawaii Book and Music Festival, HSPLS was able to offer a movie and author event. HSPLS featured a special movie showing of Everything, Everything based on the book of the same name. After the movie, author Nicola Yoon made a special appearance and had an opportunity to speak and answer questions from fans.

Aldrich detailed that in July 2018, HSPLS and the Department launched a pilot program to increase student awareness and use of resources available at public libraries. The project is taking place at Ahuimanu Elementary School for grades three through six and at King Intermediate School for grades seven and eight. She detailed that HSPLS designed letters and applications to give to all students to encourage them to get a library card so that they have access to tools that can help them with their studies and learning. Aldrich stated that some students may have cards with fines and fees but noted that HSPLS is currently overlooking fines and fees while it gets a sense of how many students are in this situation. She stated that HSPLS is processing applications and will have a measurement of how many students used library cards at the end of the school year. HSPLS will also review challenges and issues while working on a statewide process.

Aldrich highlighted that two HSPLS staff members represented HSPLS at the 2018 National Book Festival’s Parade of States in Washington, D.C. on September 11, 2018. Together with civic club members of the Hawaii State Society of Washington, D.C., HSPLS promoted reading and library services to children and visitors. She highlighted that staff put together information regarding volcanoes and a variety of books that discussed authors.

Aldrich highlighted that HSPLS partnered with PBS for its Great American Read program from July through October 2018. She detailed that the program was designed to spark a national conversation about reading, literacy, and books that have inspired and shaped individuals. It is an eight-part PBS series and nationwide competition that explores books and the power of reading through the lens of America’s 100 best-loved books, as voted on by the public. She noted that HSPLS created displays of the titles in all of its branches for easy checkout and created a way for patrons to track the titles that they have read online.

Aldrich stated that HSPLS, in partnership with the Hawaii Department of Defense Office of Homeland Security and the (ISC)2 Hawaii Chapter, is offering one-hour cyber safety awareness programs at various public libraries throughout the month of October. She stated that information regarding which libraries are participating is available on HSPLS’s website.

Aldrich highlighted that HSPLS opened Nanakuli Public Library on April 14, 2018 as the 51st branch of HSPLS. She further highlighted that Board Member Bruce Voss, Governor Ige, area legislators, and community members celebrated the opening of the facility. Aldrich thanked Board Member Kili Namau‘u for helping the library develop signage in both English and Hawaiian. She added that HSPLS plans to add similar signage in all of its libraries across the state.

Aldrich highlighted HSPLS’s milestone anniversaries and explained that HSPLS celebrates the birthdays of public libraries each year.

Aldrich reported that Aina Haina Public Library is still in the construction phase. She detailed that flash flooding in April 2018 sent water, mud, and debris into the branch and destroyed floors. She noted that HSPLS has worked closely with the Department of Accounting and General Services to begin the process to repair the library. HSPLS also decided to refresh the paint, relocate technology, and replace damaged furniture while the library was closed. Aldrich explained that while HSPLS hoped to reopen the library in the fall, it extended its timeline to February 2019 because it received approval to renovate bathrooms, which need to be updated to be Americans with Disabilities Act (“ADA”) compliant. Aldrich stated that HSPLS is also reviewing how to improve spaces so that they are more welcoming for the community. She highlighted that HSPLS made changes to its teen library space at Hilo Public Library and revamped a children’s area at Waianae Public Library.

Aldrich highlighted that HSPLS will be one of the first public library systems in the nation to make NewsGuard available on its public internet computers. NewsGuard is an extension added to the Chrome browser that gives people information about the organizations that are providing news and information on the internet. When a search is done and a news story appears, a red or green flag will appear by it. If an individual hovers over the flag, they will be able to click on “See the full nutritional label” and read a factual review of the organization. If the flag is red, it means that the organization does not meet certain valid news practices. If the flag is green, it means that the organization does meet good news practice standards. Aldrich detailed that two professional journalists who were concerned about the perpetuation of “fake news and fake news producers” developed NewsGuard. Aldrich stated that NewsGuard is transparent and a way to inform the public on the information that they consume. Aldrich stated that HSPLS would launch this tool by November 2018 in all of its libraries.

Aldrich stated that HSPLS has been improving its processes and collection management. It implemented an Acquisitions Module in Fiscal Year 2019, which allows HSPLS to submit orders and receive invoices electronically through its primary book vendor, standardize tracking of collection budgets, and provide patrons with the ability to see what titles are on order, place holds, and see when new items are received into the library system. Aldrich detailed that on September 27, 2018, staff convened to learn essential kindergarten readiness techniques to coach parents and caregivers in preparing their children for school.

Aldrich highlighted new staff who joined HSPLS and recognized two staff members who passed away. Aldrich also highlighted HSPLS’s employee of the year and manager of the year.

Aldrich explained that HSPLS is part of an IMLS grant project called Hui 'Ekolu: Bridging Educational, Cultural, and Technical Exchange Among Native and Public Libraries in Hawai‘i. It is a partnership of the University of Hawaii LIS Program, ALU LIKE, Inc., Ka Waihona Puke ‘Oiwi, Native Hawaiian Library, and HSPLS. She detailed that Hui ‘Ekolu seeks to solidify the three groups that provide public library services for Hawaii as one collaborative community anchor entity guided by a symbiotic relationship between all that honors, cares, and respects public librarianship as a community-based practice and service specific and unique to native/indigenous contexts.

Aldrich highlighted that Friends of the Library of Hawaii upgraded and improved copiers available to the public in all of HSPLS’s branches. The new copiers offer more options, including color and print. Future enhancements will include printing from a mobile device or laptop using WiFi. She stated that Maui Friends of the Library provided charging stations for Kahului, Molokai, Kihei, Wailuku, Lahaina, and Lanai. This mixture of stand-up and tabletop charging stations enable patrons to more easily charge their mobile devices.

Aldrich stated that a life-size statute honoring the late Senator Patsy T. Mink would be dedicated at the Hawaii State Library on Thursday, December 6, 2018. Aldrich stated that HSPLS is honored to be a part of celebrating the leadership and life of Mink.

Aldrich stated that in order to improve its services, HSPLS is upgrading its patron management system to access public internet computers. The upgrades include the ability to make reservations if all computers are full, receive more time automatically in 15 minute intervals if no one is waiting with a reservation, print management stations, and guest passes for one hour per day for those visiting who need immediate access. Aldrich stated that HSPLS is engaging with the community, building new programs to support the community, increasing access to resources, and creating seamless use of its resources.

Board Chairperson Payne encouraged Aldrich to share information regarding NewsGuard with the Department. Aldrich stated that she could do so and explained that NewsGuard is a free extension that could be added to a Chrome browser at any time. She stated that HSPLS’s goal is to work with schools and libraries. Board Chairperson Payne asked if families would be interested in NewsGuard. Aldrich confirmed that she believed families would be and explained how families could download NewsGuard. She stated that HSPLS is not trying to censor content but ensure that patrons have more information on what they are reading. Board Chairperson Payne stated that the Department tries to teach critical thinking and noted that NewsGuard is a good tool to help with critical thinking.

Kishimoto stated that there have been questions and concerns in the past regarding Title IX, specifically about the Department’s plan in regards to softball and baseball fields and girls’ access to lockers rooms with appropriate bathroom facilities. Kishimoto explained that this presentation is not on Title IX overall. Rather, it speaks to the plan that the Department already had in place and has been implementing around softball and baseball fields and access to locker rooms. Kishimoto stated that the Department did walkthroughs in facilities this past year in conjunction with the Civil Rights Compliance Office (“CRCO”) and had teams conduct status checks. She highlighted that the Department is aiming to close out its current plan by meeting the original objective of softball/baseball field and locker room compliance and so it can move on to review Title IX more broadly. Kishimoto stated that in terms of the Department’s biennium budget, it plans to pull out Title IX compliance as well as access as separate budget items. She noted that the Department received feedback regarding separating compliance and access so that there is no confusion as to the Department’s budget request. Moving forward, the Department is committed to broader work around Title IX. She stated that this presentation represents one small piece of the Department’s broader commitment to gender equity. She explained that the response to conditions was brought about in part because athletic fields at one point were focused on men’s sports and highlighted the late U.S. Senator Patsy T. Mink’s advocacy around women’s access to sports in an equitable fashion. Kishimoto stated that the Department’s desire is to ensure that it has the Legislature’s support around closing out this project and then moving forward with a broader review of Title IX compliance.

Dann Carlson, Assistant Superintendent, Office of School Facilities and Support Services, emphasized that this presentation focuses on Title IX from a facilities perspective. He highlighted that one of the priorities of the Board and Department’s Joint Strategic Plan is to ensure equity and excellence in education for students in Hawaii public schools. He stated that the Department has four budget priority areas, including addressing Title IX in athletics.
Carlson detailed that Title IX was authored by Hawaii Congresswoman Patsy Mink and was passed in 1972. It prohibits discrimination on the basis of sex in schools and colleges that receive federal funding, including in athletic programs. Carlson highlighted that John Chung, Public Works Manager, Project Management Section, reviewed Title IX to ensure that the Department understands how to comply. He stated that facilities is an important component of Title IX. Carlson stated that he hopes that the Department can work with Nunokawa because her expertise is immense. He highlighted that the Department has had a number of different initiatives to reach gender equity. In 2016, it had a statewide master plan for athletic facilities, which included locker rooms. This was the strategic plan that the Department was following up until recently. Carlson emphasized the Department’s efforts and statewide master plan for athletic facilities included athletic directors and administration. It recently added an element to help further equity and ensure that staff is reviewing these issues. He stated that the Department coordinated its statewide master plan for athletic facilities with the U.S. Department of Education’s Office of Civil Rights (“OCR”). He highlighted that the Department informed OCR of its gender equity progress, and OCR did not note any concerns. The Department has an agreement on how to address gender equity that is specific to Hawaii.

Kishimoto stated that OCR not noting any concerns is the floor that the Department has to meet. However, the Department wants to go beyond what is federally required.

Carlson reviewed the Department’s funding history related to Title IX. He stated that the Department historically lumped gender equity into an appropriation for program support. For Fiscal Year (“FY”) 2019, the Department requested $123 million, and the Legislature appropriated $27 million. He explained that this appropriation had to compete with ADA needs, cafeterias, administration buildings, physical education facilities, play courts, and so forth. For FY 2020 and FY 2021, the Department chose intentionally to break gender equity into a smaller, new compliance budget request. This budget request seeks dedicated appropriations of $42.2 million for gender equity and ADA compliance.

Carlson stated that within the last year, the Department created 15 equity specialist positions for complex areas within CRCO. He detailed that these positions would ensure that individuals who can help with programs and ensure equitable access are in the field. The Department currently has 12 positions filled and three positions vacant with plans to fill. Carlson reviewed the Department’s spring 2018 outreach. He detailed that Superintendent Kishimoto and the Department’s Deputy Attorney General met with athletic directors and school administrators. The focus of these meetings was on the importance of equity. He highlighted that equity specialists also provided guidance on how to be operationally compliant with Title IX.
Carlson stated that the focus of outreach was to help each secondary school with its existing conditions and ensure that they are Title IX compliant. The Department provided options for each individual school, such as alternating locker room periods. He stated that the Department needs to ensure that female athletes have equitable access and detailed potential projects, such as unisex facilities that could be used to ensure equity.

Kishimoto stated that the Department spent the spring semester hiring specialists. Its equity specialists also met with a number of legislators. The Department received feedback from the legislators that they were impressed with the quality of individuals that the Department hired, and they felt as though the Department is building its capacity in this area.

Chung reviewed the Department’s priority methodology. He detailed that the Department reviewed two components, compliance and access. Compliance addresses gender equity in athletic facilities in terms of strict Title IX compliance. He stated that the Department reviewed operational changes, such as rotational use of lockers, signage changes, and scheduling adjustments. These changes are low-cost and simple to achieve. In some instances, the Department identified CIP projects that would benefit athletes and spectators immediately, including lockers, fields, batting cages, restrooms, storage, lights, bleaches, scoreboards, press boxes, and concessions. He stated that these improvements would lead to Title IX equity. Chung stated that the Department’s strategy is to achieve compliance. Once it is in compliance, it would move to enhance student access to athletic programs. The Department would enhance access by expanding athletic opportunities for all students, including shared and gender neutral spaces, and provide equal facilities for all athletes. Chung reviewed the Department’s improvements at specific schools to achieve compliance, including locker room improvements, softball field improvements, and baseball field improvements.

Chung stated that the Department’s intent is to grow its athletic program and provide opportunities for all students. In its research, the Department noted that there are schools that have locker rooms and issues with gender equity, but there are also schools with no athletic programs. He noted that this is why the Department is focusing on upgrades to bring schools into compliance and then focus on providing access to other schools to ensure equity across the system. As part of its research, the Department reviewed other districts and found that districts across the nation are facing similar challenges.

Military Representative Captain Lyn Hammer stated that she is having difficulty visualizing rotational locker rooms and asked for an example of a shared locker situation. Carlson explained that schools are attempting to make locker rooms comfortable for both males and females. During one season, for example, the men’s football team may use the locker, and then at the end of the season, the school converts it to a female locker room for women’s athletic teams. He stated that schools are equitable and compliant as long as men and women’s sports teams have the locker room for the same number of days. Carlson stated that he understands the desire to have specially designed locker rooms and noted that the Department will refurbish locker rooms moving forward. However, there is much work to do to get to this point.

Military Representative Captain Hammer stated that shared locker rooms might prove to be challenging due to feelings of ownership over locker rooms. She stated that the football team may need locker room space year-round and there will need to be a cultural shift to convert that space into another team’s space.

Student Representative David Texeira stated that some teams play during the same season. He noted that the girls’ volleyball team at his school has to change in a two-stall bathroom. He asked how the Department plans to alleviate this and comply with Title IX. Carlson stated that teams might not be able to jointly use a locker room and would have to alternate. He stated that it is at the discretion of the administration, principal, and athletic director to determine which team uses the locker room during which season to make it equitable. He stated that not everyone is comfortable with the solution, but from a legal perspective, schools need to provide equity. He stated that the Department needs to ensure that schools are in compliance.

Kishimoto stated that the Department is first ensuring that it has immediate compliance. In order to meet compliance objectives, staff met with CRCO, and schools are using shared spaces, changing signage, and changing expectations. These are the Department’s immediate steps and fixes on which it is focusing. Second, the Department is designing every project moving forward based on Title IX compliance. Everything it does from now on will be Title IX compliant. Third, the Department is receiving feedback from athletic teams and students regarding what they would like to see. Kishimoto stated that compliance does not always meet expectations, and the Department is seeking feedback regarding what students want in separate facilities and gender neutral shared spaces. The Department has started to collect this feedback so it could design moving forward. Kishimoto stated that these plans would take an additional dedication of resources. The Department wants to help the Legislature understand what it needs, but it has to be in compliance. She noted that simply being in compliance is not ideal.

Board Member Voss expressed concern and noted that from a facilities perspective, compliance relates to allocation of funding and spending of resources. However, the ultimate purpose of Title IX is to have equal opportunity. Board Member Voss stated that the Department’s first steps serve as stopgaps and highlighted the importance of access, the Department creating athletic programs, and providing female high school athletes with opportunities. He stated that the Department’s presentation did not identify schools, target programs, or describe the support that the Department would be providing. He asked for more information on this component. Carlson stated that the Department would revert to its statewide master plan for athletic facilities. He reiterated that the Department would complete every project moving forward with gender equity in mind. He commented that the Department is reviewing issues, such as unisex bathrooms, and has ideas on what projects to prioritize. However, as mentioned in its budget brief, there is competition for funding. He stated that some schools have great facilities while others do not. The Department does not necessarily prioritize but executes at the Legislature’s request. Carlson stated that the Department is aware of schools that do not have softball fields and schools that have a higher student population and not enough land. He detailed that there are situations where access issues exist that the Department needs to address them, but it is challenging due to the environment. Carlson stated that the Department needs funding and the ability to address these issues.

Kishimoto stated that the Department would return to the Board with its broader plan. She detailed that it has a list of schools that have access issues. Kishimoto detailed her discussions with Complex Area Superintendents (“CAS”), principals, and athletic directors regarding Title IX. She explained that the Department is working on plan to address access issues and is working on a timeline for rolling out its plan and bringing it to the Legislature with a budget request.

Board Member Voss stated that his concern is that the Department will have tunnel vision in terms of facility changeover and miss the bigger picture, which is equal opportunity for female athletes. Kishimoto stated that this is the Department’s bigger vision and noted that she personally met with principals, athletic directors, and CASs to discuss the bigger vision and plan.

Board Vice Chairperson De Lima stated that high schools have opportunities for both male and female athletes and stated that Hawaii has a strong commitment to support women athletes. He stated that women high school graduates from Hawaii attend universities across the country and excel in sports. He stated that the Department needs to put together data to demonstrate that it has that type of accessibility. He detailed that there are high schools with a lack of facilities that have robust programs in athletics. Board Vice Chairperson De Lima stated that the Department should review the Superintendent’s visits and put together data similar to what Nunokawa described. Board Vice Chairperson De Lima stated that the Board would like to know immediate compliance steps that the Department can take and where and at what schools the Department would take these steps. The Board would also like to understand the big picture and long-range plan. He stated that the Board would like to see what data exists.

Military Representative Captain Hammer stated that women from Hawaii are outstanding athletes and agreed with Board Vice Chairperson De Lima in terms of the Department capturing data.


VI. *Public Testimony on Board Agenda Items

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

Name
Organization
Agenda Item
Position
Linda Elento PublicN/AComment

Linda Elento, member of the public, testified on her concerns regarding her child’s education. She detailed barriers to coordinating applied behavior analysis for child during the school day and further detailed issues occurring in her child’s classroom.


VII. Action Items
ACTION: Motion to approve the Hawaii State Public Library System’s proposed budget for the 2019-2021 fiscal biennium with amendments to include $3 million in additional operations for collections and $240,000 for RFID technology, as described in the Hawaii State Public Library System’s memorandum dated October 18, 2018 (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

ACTION: Motion to approve the Department’s proposed operating budget for the 2019-2021 fiscal biennium as described in the Department’s memorandum dated October 18, 2018 (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

ACTION: Motion to approve the Department’s proposed capital improvements program budget for the 2019-2021 fiscal biennium as described in the Department’s memorandum dated October 18, 2018 (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

Human Resources Committee Chairperson De Lima stated that the Board has been using the Excluded Managerial Compensation Plan (“EMCP”) Performance Evaluation System to evaluate Aldrich since the Board hired her in 2015. The EMCP is a tool used to evaluate division chiefs, chief staff officers, and managers of major branches in Hawaii state government. Over time, however, it has become evident that the Board should review the evaluation system used for the State Librarian to ensure that it reflects the needs, expectations, and demands of the State Librarian.

ACTION: Motion to 1) establish an investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes 92-2.5(b)(1)) tasked with setting the State Librarian’s goals and targets, determining an evaluation tool, and anything else necessary to implement the evaluation tool and 2) appoint Board Members Kili Namau‘u and Dwight Takeno to serve on the investigative committee, with Board Member Namau‘u serving as chairperson (De Lima/Voss). The motion carried unanimously with all members present voting aye.

The Board took action on this item after executive session.

ACTION: Motion to (1) designate Chairperson Catherine Payne and Board Member Dwight Takeno, subject to confirming his availability, to conduct labor negotiations with the Hawaii State Teachers Association and Hawaii Government Employees Association, with Board Member Margaret Cox serving as an alternate; and (2) empower Board Chairperson Payne to designate replacements should it be necessary to substitute Board Members (De Lima/Voss). The motion carried unanimously with all members present voting aye.


VIII. Executive Session
This portion of the meeting was closed under Section 92-4 and Section 92-5(a)(2), (3), and (4), Hawaii Revised Statutes.
ACTION: Motion to move into executive session to consider personnel matter described on the agenda, deliberate on the authority of persons designated by the Board to conduct labor negotiations, and consult with the Board’s attorney on the matters described on the agenda (De Lima/Voss). The motion carried unanimously with all members present voting aye.

The meeting recessed at 2:56 p.m. and reconvened at 3:10 p.m.

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

The Board took agenda item VII.E., Board Action on designation of Board Members to conduct labor negotiations with Hawaii State Teachers Association and Hawaii Government Employees Association, after executive session.

IX. Adjournment

Board Chairperson Payne adjourned the meeting at 3:11 p.m.