STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, November 15, 2018

PRESENT:
Catherine Payne, Chairperson
Brian De Lima, Esq., Vice Chairperson
Margaret Cox
Kili Namau‘u
Dwight Takeno
Kenneth Uemura
David Texeria (student representative)
Colonel Carolyn Stickell (military representative)

EXCUSED:
Patricia Bergin
Nolan Kawano
Bruce Voss, Esq.

ALSO PRESENT:
Christina Kishimoto, Superintendent
Alison Kunishige, Executive Director
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
Kim Coco IwamotoPublicIV.D. Superintendent's Report: (1) update on school visits; (2) update on 2017-2020 Department of Education and Board of Education Joint Strategic Plan implementation: Focus on Pre-kindergarten; (3) update on status of draft amendments to Hawaii Administrative Rules Chapter 19 (Student Misconduct) and adoption of new Hawaii Administrative Rules Chapter 89 (Civil Rights Policy and Complaint Procedures for Student(s) Complaints against Adults)Comment

Kim Coco Iwamoto, member of the public, testified on the update on the status of draft amendments to Hawaii Administrative Rules (“HAR”) Chapter 19, entitled “Student Misconduct,” (“Chapter 19”) and adoption of new HAR Chapter 89, entitled “Civil Rights Policy and Complaint Procedures for Student(s) Complaints against Adults.” She detailed the history of Chapter 19 and explained how the language criminalizes student behavior and uses aspects of the penal code. She described the work that she was a part of in the past in relation to these chapters and further explained the issues surrounding the language of the amendments. Iwamoto emphasized the importance of training and detailed why and how part of the Department of Education’s (“Department”) approach to bullying is ineffective.

Board Chairperson Payne asked Iwamoto to submit her public testimony in writing as well if it is available. Iwamoto stated that she stands behind the previously submitted testimony of Josephine Chang and supports her assessment.

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
Amanda KellyTogether For Our KeikiIV.B. Finance and Infrastructure Committee Report on: (1) Update on status of implementation of Act 155 (Hawaii Revised Statutes Section 302A-1151.1, Pilot program for lease of public school land): site selection criteria and strategic direction; (2) Update on Department of Education fiscal reports as of September 30, 2018 (Comparison to Budget, School Food Service, Student Transportation, Utilities, Impact Aid receipts, and Capital Improvements Programs); (3) Update on expansion of Medicaid reimbursement system and funding; (4) Committee Action on approving for public hearing draft amendments to Hawaii Administrative Rules, Chapter 8-27, Transportation of Students; (5) Committee Action on approving for public hearing draft amendments to Hawaii Administrative Rules, Chapter 8-5, Public Access to InformationComment


III. Approval of Meeting Minutes of November 1, 2018

ACTION: Motion to approve the General Business Meeting minutes of November 1, 2018 (De Lima/Uemura). The motion carried unanimously with all members present voting aye.


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

Human Resources Committee Chairperson Brian De Lima reported that the committee had a discussion regarding pending cases of Department employees on DDL or LPI. He highlighted that the Department continues to investigate and make decisions to ensure that it resolves cases in a timely manner. He stated that the committee also had a presentation on Board and Department Joint Strategic Plan indicators for Goal 2 regarding staff success and noted that the discussion focused on vacancies and meeting needs. Human Resources Committee Chairperson De Lima highlighted that the Department continues to make progress and find ways to address issues.

Finance and Infrastructure Committee Chairperson Kenneth Uemura reported that the committee received updates on the status of Act 155, the Department’s fiscal reports as of September 30, 2018, and the expansion of the Medicaid reimbursement system and funding. He stated that the committee took action on approving for public hearing draft amendments to HAR Chapter 8-27, entitled “Transportation of Students,” and HAR Chapter 8-5, entitled “Public Access to Information.”

Board Member Margaret Cox reported that she attended the National Association of State School Boards (“NASBE”) Annual Conference in Denver, Colorado from October 17 through 20, 2018. She highlighted that the NASBE conference included state board of education members from across the nation, and she was able to learn from other board members. She noted that other boards face similar problems and highlighted that they discussed ways to address issues during the conference.

Board Member Cox summarized her main takeaways from the conference. She stated that students need to be at the center of all of the work in which the Board engages and emphasized the importance of a focus on equity and excellence. Board Member Cox highlighted that many other boards include student representatives and further highlighted that students attended the conference as well. She noted that students expressed concern over safety in schools and emphasized the importance of students feeling that school is a safe place and that they have trusted adults to whom they can speak when they need guidance. She added that adults need to learn how to talk to and relate to students so that they do not escalate problems that students may be having. Board Member Cox stated that Board Members need to assume expanded roles to ensure that each child has what he or she needs, especially vulnerable students. She emphasized that the Supreme Court has ruled that schools need to give students receiving special education services what they need.

Board Member Cox stated that Board Members represent citizen voices and need to review ways to listen to communities, parents, businesses, and others. She highlighted a grant involving universities across the nation that addresses principal preparation and noted that this grant offers high-quality mentoring and makes connections between learning, what principals are doing, and how principals are addressing students. She stated that the grant is currently in beginning stages and noted that Board Members should be aware of it and the process. Board Member Cox stated that Board Members can log online to NASBE and noted that NASBE sends information regarding webinars and study groups via email. She added that if Board Members have specific issues or questions, NASBE could provide them with research or connect them with other individuals. Board Member Cox highlighted that the Board can have access to a lot of assistance by belonging to a national organization.

Kishimoto reported that she participated in the Council of Chief State School Officers (“CCSSO”) conference and noted that the conference includes Superintendents from all 50 states and territories getting together periodically to discuss pressing policy issues. She highlighted that CCSSO published a document regarding leading for equity and noted that it provides ten areas in regards to equity agendas in each state. She highlighted that the CCSSO conference included participants debriefing on this document, sharing work, and discussing frameworks. Kishimoto stated that a gender equity committee would be reconvening in December. The committee will identify gender equity in athletics and transition to a broader equity conversation using a framework to review where it has made progress, where it can make progress, and what annual goals it can set. Kishimoto highlighted that the committee’s work connects with her work as Superintendent and with the Board’s goals.

Kishimoto highlighted that she had the opportunity to visit Niihau High and Elementary School and was able to review facilities and curriculum that the school is using. She stated that although it is a small school, the Department wants to ensure that all schools have access to quality education, training, and support.

Kishimoto stated that she attended the Schools of the Future Conference. She stated that the conference provides an opportunity for Department educators, charter school educators, and private school educators an opportunity to come together and discuss how to provide quality school designs for all students, support parents with choice options, and share best practices across organizations. Kishimoto highlighted that over 2,000 participants attended the conference this year and further highlighted that principals and teachers presented to one another and discussed the Department’s school design framework.

Kishimoto reported on the Department’s work on the draft amendments to Chapter 19, the removeal of Chapter 41 and adoption of Chapter 89 and noted that the Department is holding engagement sessions. She stated that the Department completed five community engagement sessions and has seven additional sessions planned and posted. In total, the Department will have held 12 community engagement sessions across the state. Kishimoto stated that the Department would complete the sessions by December 14, 2018, at which time it will review feedback, summarize key input, and determine if the Department could accomplish substantive changes through implementation and training or whether further changes to its draft rules will be necessary. Kishimoto stated that the Department is currently in the process of gathering feedback and encouraged the public to continue to provide feedback. She highlighted that administrators are providing the Department with diverse feedback regarding implementation and further highlighted that community and stakeholder feedback has generally been positive thus far. She stated that the Department is reviewing supportive feedback as well as feedback suggesting additional changes. If it determines that it needs to incorporate additional changes, the Department will seek Board approval prior to holding its public hearing. Kishimoto stated that so far the Department has learned that the Department could address some aspects of feedback through quality training and clarity around implementation. However, it would continue to review whether it needs to bring changes before the Board prior to moving forward.

Board Member Kili Namau‘u commented that after December 6, 2018, the Board would not have another meeting until January. She asked if the Department plans to move forward prior to January since the community engagement sessions are scheduled through the middle of December. Kishimoto explained that the Department would not move forward if it needs to come back to the Board with adjustments to language.

Board Member Namau‘u asked if the Department thinks it may need to make substantive changes based on current feedback that it has received. Kishimoto stated that the Department still has seven community engagement sessions, and additional constituents and voices that the Department has not yet heard and that have not yet been represented may submit feedback at these upcoming sessions. She noted that the majority of feedback relates to training and implementation support. However, some constituents have made suggestions, so it is hard to say whether the Department would need to make substantive changes.

Kishimoto reviewed the Fiscal Biennium 2019-2021 School Readiness Action Plan. She stated that to ensure equity and excellence for every student, the Department is implementing a school readiness action plan that calls for significantly expanding access to pre-kindergarten. Kishimoto reviewed the Department’s discussions with the Early Learning Board (“ELB”), which governs the Executive Office on Early Learning (“EOEL”). She stated that ELB is discussing its budget and proposals to the Legislature, and the Department asked ELB to add 22 additional pre-kindergarten classrooms in its budget for the Department. She stated that ELB approved this request and noted that the next step for the next school year would include preparation and training. She stated that the Department’s internal team is already working with principals and Complex Area Superintendents (“CAS”) and has identified 22 classrooms to open the following school year. She stated that principals identified classrooms that would meet pre-kindergarten guidelines. Kishimoto stated that part of the Department’s action plan is to use legislative funding to convert 22 to 27 classrooms into pre-kindergarten classrooms at elementary schools where there is both demand and space available. She highlighted that this is important because it means that the Department does not have to construct new classrooms.

Kishimoto detailed that another step in the Department’s action plan is to identify elementary-to-middle-school feeder schools that are interested in moving their sixth grade to the intermediate level in order to include a pre-kindergarten program as part of their elementary school design. She highlighted that the Department has also met with principals and CASs to discuss this step. Kishimoto stated that this step would free up additional classrooms on the first floor of elementary schools, which is required, so that the pre-kindergarten program could continue to grow. Kishimoto stated that the Department is pushing hard around the need to follow through its repeated promise that it would grow and expand pre-kindergarten.

Kishimoto detailed two other steps in the Department’s action plan, including leveraging high school teacher academies and developing teacher leaders for early learning. She stated that the Department would have select Department teacher academy programs to embed an early college pre-kindergarten course of study and establish working model classrooms. It will also add a pre-kindergarten lab classroom at a high school site. She stated that the Department has identified three schools that are willing to have pre-kindergarten on-site so that students can become certified and complete pre-kindergarten hours while taking courses and gaining college credits. She stated that the Department is determining how quickly it can implement this step and noted that three high schools are currently available and committed. Kishimoto stated that in terms of developing teacher leaders for early learning, the Department plans to establish a teacher incentive program for kindergarten through third grade teachers interested in cross-certification in early childhood to serve as teacher leaders for its pre-kindergarten expansion. She stated that the Department is reviewing how many teachers already have credentials and noted that the Department has several hundred teachers who can teach in pre-kindergarten classrooms. While it works on building capacity, it has teachers with credentials who it can tap immediately.

Kishimoto stated that in terms of its other commitments, the Department plans on continuing to work closely with Head Start and charter schools to complement and support efforts as it grows capacity statewide. The Department also plans to continue to engage parents. It plans to connect its pre-kindergarten teachers within their community for parent education programs. High school students in teacher academies would lead public presentations for parents and business leaders, and the Department would provide resource materials and strategies that parents can use at home. She stated that not all parents may have access to pre-kindergarten seats, and in these instances, the Department can provide them with resources. She highlighted that the Department is partnering with the Hawaii State Public Library System to review how it could leverage its current resources and capacity.

Board Vice Chairperson De Lima expressed appreciation for the Department’s work regarding pre-kindergarten expansion. He stated that the Department would not be able to provide pre-kindergarten services to all families. He noted that Head Start is available in communities and detailed that the Head Start program is supposed to serve the most vulnerable families in the state. Board Vice Chairperson De Lima stated that he does not understand how the Department is determining eligibility and participation and how its expansion would integrate with existing programs. He asked Kishimoto to provide more clarity so that he knows that the Department is not duplicating other efforts. He stated that he wants to understand how the Department is maximizing availability without overstepping its authority. Kishimoto emphasized that the Department is not interested in replacing or competing in areas where pre-kindergarten options already exist. She further emphasized that the Department is interested in making resources available in areas that do not have access to pre-kindergarten and noted that a number of areas do not have pre-kindergarten availability or do not have access to free pre-kindergarten classrooms. She explained that Head Start programs exist in some areas, but these programs are too far for families to travel. Kishimoto stated that the Department met with a liaison from the Head Start program, EOEL, and ELB. She highlighted that every entity is at the table to discuss how to provide greater access to pre-kindergarten in a complimentary manner.


V. *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 PublicIV. B. Finance and Infrastructure Committee Report on: (1) Update on status of implementation of Act 155 (Hawaii Revised Statutes Section 302A-1151.1, Pilot program for lease of public school land): site selection criteria and strategic direction; (2) Update on Department of Education fiscal reports as of September 30, 2018 (Comparison to Budget, School Food Service, Student Transportation, Utilities, Impact Aid receipts, and Capital Improvements Programs); (3) Update on expansion of Medicaid reimbursement system and funding; (4) Committee Action on approving for public hearing draft amendments to Hawaii Administrative Rules, Chapter 8-27, Transportation of Students; (5) Committee Action on approving for public hearing draft amendments to Hawaii Administrative Rules, Chapter 8-5, Public Access to InformationComment

Linda Elento, member of the public, testified on her concerns regarding special education services at her son’s school. She detailed how her son needs access to curriculum and described how she was able to attend her son’s school to observe his classroom. Elento expressed concern over her observations and shared an audio recording of what occurred in his classroom.


VI. Action Items
ACTION: Motion to approve for public hearing draft amendments to Hawaii Administrative Rules, Chapter 8-27, Transportation of Students, as described in the Department’s memorandum dated November 15, 2018 (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

ACTION: Motion to approve for public hearing draft amendments to Hawaii Administrative Rules, Chapter 8-5, Public Access to Information, as described in the Department’s memorandum dated November 15, 2018 (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)(4), Hawaii Revised Statutes.
ACTION: Motion to move into executive session to consult with the Board’s attorney on agenda item VII.C., Annual update on pending Department of Education litigation (Uemura/De Lima). The motion carried unanimously with all members present voting aye.

The meeting recessed at 2:16 p.m. and reconvened at 2:37 p.m.

Board Member Cox entered during executive session.

The Board did not deliberate or take action on agenda item VII.A., Board Action on Finance and Infrastructure Committee recommendations concerning approving for public hearing draft amendments to Hawaii Administrative Rules, Chapter 8-27, Transportation of Students, or agenda item VII.B., Board Action on Finance and Infrastructure Committee recommendations concerning approving for public hearing draft amendments to Hawaii Administrative Rules, Chapter 8-5, Public Access to Information.

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


VIII. Adjournment

Board Chairperson Payne adjourned the meeting at 2:37 p.m.