STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Thursday, December 16, 2021

*The Board did not meet at a physical location. As part of the response to the threat of COVID-19, Governor David Ige issued an Emergency Proclamation dated November 29, 2021, suspending Hawaii Revised Statutes Chapter 92, Public Agency Meetings and Records, to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location, among other things.


PRESENT:
Catherine Payne, Chairperson
Kenneth Uemura, Vice Chairperson
Bill Arakaki
Shanty Asher
Kaimana Barcarse
Lyla Berg
Lynn Fallin
Kili Namauʻu
Bruce Voss


EXCUSED:
None


ALSO PRESENT:
Kyla Musso, Student Representative
Colonel Angenene L. Robertson, Military Representative
Keith Hayashi, Interim Superintendent, Department of Education
Sean Bacon, Interim Assistant Superintendent, Office of Talent Management, Department of Education
Phyllis Unebasami, Deputy Superintendent, Department of Education
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary


  1. Call to Order


Board Chairperson Catherine Payne called the Board of Education (“Board”) General Business Meeting to order at 1:57 p.m.

II. Approval of Meeting Minutes of November 18, 2021


Board Chairperson Payne called for public testimony on this agenda item. No one provided oral testimony at this time.


Board Chairperson Payne asked Board members to review the minutes of the Board’s November 18, 2021 General Business Meeting.


Board Vice Chairperson Kenneth Uemura moved to approve the meeting minutes of the Board’s November 18, 2021 General Business Meeting. Board Member Kaimana Barcarse seconded.


Board Chairperson Payne asked if there are any objections to the motion. No Board Member raised objections, and the motion carried through unanimous consent from all members present (Board Vice Chairperson Uemura, Board Members Bill Arakaki, Shanty Asher, Barcarse, Lyla Berg, Lynn Fallin, Kili Namauʻu, and Bruce Voss).


ACTION: Motion to approve the meeting minutes of the Board’s November 18, 2021 General Business Meeting (Uemura/Barcarse). The motion carried through unanimous consent from all members present.

III. Reports of Board of Education (“Board”) Committees, Board Members, and Superintendent


Board Chairperson Payne called for public testimony on this agenda item.


Susan Pcola-Davis, member of the public, testified that Table 2 of the student academic data presentation showed that middle schools have little to no math grades and that the Department of Education (“Department”) needs to provide the reasons for this.


Board Member and Student Achievement Committee Chairperson Namau‘u reported that the Committee met and discussed student academic status for the 2021-2022 school year: data and analysis of middle and high school quarterly grades and on-track high school graduation. She also reported that a principal and the complex area superintendent of the Nanakuli-Waianae complex area reported on how their school and complex area supports students using this data.


Board Student Representative Kyla Musso stated that the goal of the on-track graduation metric is to ensure as many as possible can graduate. She expressed appreciation for the Department’s strategies and emphasized it is heartwarming that a priority for schools is to create a positive learning experience.

B. Joint Student Achievement and Finance and Infrastructure Committee Report on: (1) Committee Action on Student Achievement Committee and Finance and Infrastructure Committee Action on the Department of Education’s educational plan and fiscal plan to use federal funds in the second round of the Educational Stabilization Fund’s Elementary and Secondary School Emergency Relief (“ESSER II”) and in the third round of ESSER funds authorized under the American Rescue Plan Act of 2021 (“ESSER ARP”) in accordance with the Board of Education’s October 21, 2021 ESSER II and ESSER ARP Fund Guidance


Board Chairperson Payne called for public testimony on this agenda item.


Osa Tui, Hawaii State Teachers Association, expressed concern with including the request for funding of the 21 hours in the Department’s supplemental budget request because teachers need the money for the current semester and expressed frustration that the Department did not incorporate a lot of stakeholder feedback in its ESSER plans.


Justin Hughey, member of the public, testified about funding for complex areas, that it is unclear what the Department is doing to address attendance and staffing shortages, and expressed support for reinstating the 21 hours for teacher professional development.


Susan Pcola-Davis, member of the public, testified that the Department needs to provide the Board with a report on how the superintendent’s contingency were spent and suggested that the Board consider line item vetoes.


Board Member and Student Achievement Committee Chairperson Namau‘u reported that the Joint Student Achievement and Finance and Infrastructure Committee met and discussed the Department of Education’s educational plan and fiscal plan to use federal funds in the second round of the ESSER II and in the third round of ESSER ARP in accordance with the Board of Education’s October 21, 2021 ESSER II and ESSER ARP Fund Guidance. She noted that Board members shared comments about the plan relating to the specificity of programs in the plan, targets, and metrics. Board Member and Student Achievement Committee Chairperson Namau‘u noted that the Joint Student Achievement and Finance and Infrastructure Committee passed the recommendation unanimously, provided that detailed expenditure reports be provided to the Board.

C. Evaluation team (including a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) tasked with conducting the performance evaluation of the State Public Charter School Commission: report, findings, and recommendations


Board Chairperson Payne called for public testimony on this agenda item.


Louisa Lee, Ka ʻUmeke Kāʻeo, testified regarding the lack of clarity and disagreements between charter schools and commissioners and State Public Charter School Commission (“Commission”) staff regarding statutory obligations, among other things.


Steve Hirakami, Hawaii Academy of Arts & Science Public Charter School, expressed his support for evaluation comments on improving communication, trust, and dialogue; noted that the evaluation outlines the lack of services from Commission staff; and expressed support for the Board to form a working group.


Board Member and evaluation team chairperson Fallin reported that Commission evaluation team members included Board Chairperson Payne, herself (Board Member Fallin), Ernest Nishizaki, and Kenyon Tam. She stated that the evaluation team used the Hawaii Authorizer Performance Evaluation System adopted by the Board on May 2, 2019 to fulfill the evaluation requirements conducted every five years. She stated that the Board completed its previous report in May 2017.


Board Member and evaluation team chairperson Fallin explained that the evaluation team reviewed the copious information submitted by the Commission, conducted interviews, survey of school leaders, and a virtual public forum provided opportunities for stakeholder input. She reported that the overall rating for the Commission is improvements necessary, with a final score of 82 reflecting several areas requiring improvements to meet the rigorous evaluation requirements.


Board Member and evaluation team chairperson Fallin stated that the evaluation contains findings, scores, ratings, strengths, and deficiencies for each measure. She also noted that the report is unchanged since the evaluation team sent it to the Commission on October 29, 2021. Board Member and evaluation team chairperson Fallin explained that the evaluation team adjusted its evaluation timeline when the Commission requested an extension. She stated that Exhibit B of the evaluation team’s report contains further information on how the Commission failed to comply with the evaluation team’s extension requirements.


Board Member and evaluation team chairperson Fallin also stated that the evaluation team recommends the adoption of the evaluation team’s report and the creation of an ad hoc committee to monitor the Commission’s progress in developing continuous improvement plans to address the deficiencies in the evaluation team’s report.


Board Chairperson Payne announced that the Board would take action on the evaluation report at the next meeting.

D. Update on Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) concerning search for a superintendent: Advisory group responsibilities and selection process, contract with National Association of State Boards of Education, and search timeline


Board Chairperson Payne called for public testimony on this agenda item.


Osa Tui, Hawaii State Teachers Association, testified that union representation should be included as a stakeholder in the advisory group that will play a role in the search for a new permanent superintendent.


Board Chairperson and Investigative Committee Chairperson Payne reported that the search committee would like the advisory group to play a meaningful role in the superintendent search process. She explained that the advisory group would provide feedback on desired needs and outcomes for the selection of a permanent superintendent. Board Chairperson Payne noted that the advisory group would not interview and vote on final candidates. She also reported that the contract with the National Association of State Boards of Education to conduct the superintendent search process is being reviewed by the Department of the Attorney General (“AG”).

IV. Action Items


Board Chairperson Payne called for public testimony on this agenda item.


Lynn Otaguro, member of the public, testified in support for releasing funding for health and safety measures, expressed appreciation for the Department requesting the restoration of 21 hours of teacher professional development, and requested that the Department use ESSER funds for the 21 hours if the legislature does not fund them.


Fred Murphy, Mililani High School, testified in support of the Department’s ESSER plans and noted that the Department is moving towards a post COVID-19 pandemic renaissance.


Aaron Tominaga, Waipahu Elementary School, testified in support of the Department’s ESSER plans and shared that after witnessing the negative impacts from the COVID-19 pandemic, the schools need the support.


Josiah Orso, member of the public, testified that he does not understand why the Department used School Community Councils to get feedback on its ESSER plans and requested an explanation on where the funding will be going.


Board Member and Student Achievement Committee Chairperson Namau‘u stated that the Student Achievement Committee and Finance and Infrastructure Committee recommends the approval of the use of ESSER II and ESSER ARP funds as proposed in the educational and fiscal plan attached to Hayashi’s memorandum dated December 16, 2021.


Board Member Berg asked for clarification regarding pay rates for part-time temporary employees. Board Chairperson Payne explained that the Department would provide a presentation later in the meeting.


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


ACTION: Motion to approve the use of ESSER II and ESSER ARP funds as proposed in the educational and fiscal plan attached to Hayashi’s memorandum dated December 16, 2021 (Joint Student Achievement and Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

B. Board Action on pay rates for part-time temporary employees


Board Chairperson Payne called for public testimony on this agenda item. No one provided oral testimony at this time.


Board Chairperson Payne called on Keith Hayashi, Interim Superintendent and Sean Bacon, Interim Assistant Superintendent, Office of Talent Management, to present the Department’s recommendation on pay rates for part-time temporary (“PTT”) employees.


Hayashi stated that the Department is requesting Board approval to adjust the PTT pay rates. He explained that the recommendation includes two parts. He explained that the first request is for the Board to amend its June 15, 2021 decision to approve a public hearing for the repeal of Chapter 8-66, Hawaii Administrative Rules (“HAR”) pursuant to Hawaii Revised Statutes 9-3(g).


Hayashi explained that the AG advised the Department that repeal by public hearing is not necessary when a rule is null in void or unnecessary and only requires a 30-day public notice. He stated that the AG determined that Chapter 8-66, HAR is no longer necessary.


Hayashi stated that the Department is also requesting the approval of classes and calculations of periods for PTT pay rates as proposed in his memorandum dated December 16, 2021. He explained that PTT pay rates have not changed since July 2005 with PTT teachers who hold a bachelor degree earning $22.43 per hour and PTT teachers without a bachelor degree earning $20.67 per hour.


Hayashi explained that the Department is proposing three pay classes for PTT and the following formula for determining PTT pay rates. He outlined the PTT pay rates for the three classes, PTT-A (casual employee with a bachelor degree from an accredited institution that has completed a state approved teacher education program), PTT-B (casual employee with a bachelor degree from an accredited institution but has not completed a state approved teacher education program), and PTT-C (casual employee without a bachelor degree)


Hayashi stated that the proposed rates would bring the hourly rate up to par with the proposed teacher salary schedules and would help the Department recruit for critical casual hire jobs. He explained that the proposed formula allows for the PTT pay rates to move together with teacher pay because anytime teachers receive a pay rate increase, the Department will adjust PTT rates accordingly. Hayashi also stated that the proposed classes and pay rates will be effective for one calendar year effective from the date of the repeal of Chapter 8-66, HAR or May 21, 2022 whichever is later. He also expressed commitment to working with Board staff to develop a policy to address competitive pay for PTT teachers.


Board Member Barcarse moved to (1) approve the proposed classes and calculation of pay rates for PTT teachers described in Hayashi's memorandum, dated December 16, 2021, for one calendar year effective the date of the repeal of HAR Chapter 8-66 or May 31, 2022, whichever is later; and (2) direct the Department to work with the Human Resources Committee Chairperson and Board staff on a Board policy or process for the calculation of pay rates for PTT employees for Board adoption before the start of the 2022-2023 school year. Board Vice Chairperson Uemura seconded.


Board Member Barcarse stated that the Department needs to adjust PTT pay rates and that the Board directed the Department to develop a process to do so.
Board Vice Chairperson Uemura asked if the recommendation is to update PTT pay rates to current salaries. Hayashi confirmed that the Department based its recommendation on 1/6 of the daily pay rate of teachers.


Board Vice Chairperson Uemura asked if the pay rate assumes a six-hour workday. Hayashi replied that under the current HSTA contract teachers work seven hours a day minus one hour for their lunch break.


Board Vice Chairperson Uemura noted that the memorandum mentions increased hiring costs for programs and hiring PTTs to determine affordability. He asked if there are inequities among schools, such that some would not be able to cover the PTT cost increase going forward. Hayashi replied that during conversations with school principals, the principals unanimously agreed that schools would be committed to funding the increases to support students.


Board Vice Chairperson Uemura stated that for PTT-A the pay rate is increasing by 83% and if schools are committed to funding these increases, the Department may need to take funding from other areas in the budget. He suggested earmarking funding in the budget for the PTT pay rate increases.


Board Vice Chairperson Uemura asked for information on how PTT pay rate increases will affect schools going forward. Hayashi replied that schools will need to be able to support the PTT pay rate increases based on their existing school budgets, but if schools are not able to support the increases, then he will provide funding from the superintendent’s contingency fund.


Bacon explained that PTT-A requires a bachelor's degree and PTT-B does not require a bachelor's degree, but the Department will add another category.


Hayashi stated that the Department would monitor whether schools are able to fund PTT pay rate and support schools with contingency funds so that schools do not need to pull from other areas. He also stated that he would use the contingency fund to support a myriad of other school needs.


Board Vice Chairperson Uemura asked if the Department polled 100% of schools regarding the PTT pay rate increases. Hayashi replied that the Department did not survey all schools.


Board Vice Chairperson Uemura stated that unless the Department can assure the Board that all schools will be able to fund the PTT pay rate increases, he would not support the recommendation. Hayashi replied that complex area superintendents and principals did not share any concerns.


Board Vice Chairperson Uemura asked if the Department could ensure that no schools will face inequities when hiring PTTs. Hayashi replied that he would do his best to make sure all schools have funding to cover PTT pay rate increases.


Board Vice Chairperson Uemura replied that hope and assurance are two different things and it is unclear how the Department will fund the PTT pay rate increases. Hayashi expressed commitment from the Department to fund PTT pay rate increases for all schools.


Board Chairperson Payne asked whether the Department based its recommendation on the results of a lawsuit. Bacon replied that the PTT pay rates were a part of a lawsuit where the Hawaii State Supreme Court determined that the administrative rules were not necessary. Board Chairperson Payne replied that the decision from the courts is that raising the PTT pay rates is not required but is what the Department recognizes as the right thing to do. Bacon replied that correct and noted that currently Chapter 8-66, HAR sets the PTT pay rate and is not flexible.


Bacon stated that the first portion of the Department’s recommendation asks for the Board’s to approve repealing Chapter 8-66, HAR by public notice; once the rule is repealed, the Department will have the authority to move forward and adjust the PTT pay rates to give schools the ability to recruit competitively.


Board Member Berg asked for clarification on only approving the increase for one year. Board Chairperson Payne replied that the increase is only for one year only so that the Board can work with the Department to set up a policy or process.


Board Member Barcarse clarified that the motion was for one year effective from the date of the repeal of the administrative rule or May 21, 2022 whichever is later. He stated that the period would allow the Board to develop a thoughtful method for the calculation of PTT pay rates and memorialize it appropriately.


Board Member Berg asked if the one-year commitment would create more chaos because it affects the school budget planning process. Hayashi replied that the proposal connects PTT pay to 1/6 of teacher pay, which would support students in the summer and going forward in subsequent years.


Board Member Berg asked if the formula would be placed on a future Board agenda for discussion. Board Member Barcarse stated that the policy or process would be presented to the Board on a future agenda and the Board and public will have or an opportunity to provide input. Board Member Berg stated that the Department should assure PTTs that they would receive a pay increase in the future.
Board Member Barcarse replied that the future for PTTs may improve but the Board has not had the chance to provide input because it and the Department need to do more work on the policy. He emphasized that the formula was not what the Board requested and the Board has not had an opportunity to weigh in on this recommendation. Board Member Barcarse expressed the importance for the Department to be able to attract teachers and create a meaningful process and calculation.


Board Member Berg asked for the Department’s response on the one-year timeline and process to allow the Board to weigh in. Hayashi replied that the Department submitted what it thought the Board asked for and understands the position of Board Member Barcarse.


Board Member Voss asked what the Department projects the total cost will be for the PTT pay rate increase. Hayashi replied that the projection is difficult to calculate.


Board Member Voss expressed frustration that the Board is being asked to approve a pay increase and the Department does not know the total cost, how it will pay for the increases, and what the Board asked for from the Department was not provided. He noted that the Board has a fiduciary duty and wants to be clear that the Department cannot request for pay increases while not knowing the total cost and how it will fund the increase.


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


ACTION: Motion to (1) approve the proposed classes and calculation of pay rates for PTT teachers described in Hayashi's memorandum, dated December 16, 2021, for one calendar year effective the date of the repeal of HAR Chapter 8-66 or May 31, 2022, whichever is later; and (2) direct the Department to work with the Human Resources Committee Chairperson and Board staff on a Board policy or process for the calculation of pay rates for PTT employees for Board adoption before the start of the 2022-2023 school year (Barcarse/Uemura). The motion carried unanimously with all members present voting aye.

C. Board Action on Board legislative policy positions for 2022 Legislative Session


Board Chairperson Payne called for public testimony on this agenda item. No one provided oral testimony at this time.


Board Chairperson Payne explained that the Board established an investigative committee tasked with developing the Board’s legislative policy positions, among other things, in 2019 and 2020. She stated that the Board did not establish an investigative committee this year because it has been busy with other matters, so she took on the task of developing draft legislative policy positions for the 2022 legislative session. She noted that many of the positions are the same as in previous years. She called the Board’s attention to the second charter school policy position, which is new, and based on the recommendation in the Board’s draft annual charter school report that there be a reexamination of the governance, authority, and accountability structures of the charter school system. She noted that the Board can amend its policy positions during the legislative session should the need arise.


Board Vice Chairperson Uemura moved to adopt the Board policy positions for the 2022 Legislative Session attached as Exhibit A to Board Chairperson Payne’s memorandum dated December 16, 2021. Board Member Arakaki seconded.


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


ACTION: Motion to adopt the Board policy positions for the 2022 Legislative Session attached as Exhibit A to Board Chairperson Payne’s memorandum dated December 16, 2021 (Uemura/Arakaki). The motion carried unanimously with all members present voting aye.

D. Board Action on designation of Board members to an ad hoc committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(2)) concerning 2022 Legislative Session


Board Chairperson Payne called for public testimony on this agenda item. No one provided oral testimony at this time.


Board Chairperson Payne explained that the Board has formed an ad hoc committee for the last three legislative sessions, which has allowed the Board to take a more active role in engaging with the Hawaii State Legislature. She explained that Sunshine Law allows two to four Board members to present, discuss, or negotiate a position the Board has adopted, provided that the Board makes the assignment and establishes the scope of each member’s authority beforehand.


Board Member Voss moved to:

Board Member Barcarse seconded.


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


ACTION: Motion to:

The motion carried unanimously with all members present voting aye.


Board Member Barcarse moved to appoint Board Members Arakaki, Asher, Berg, and Voss as members of the 2022 Legislative Ad Hoc Committee with the authority described in Board Chairperson Payne’s memorandum, dated December 16, 2021, and Board Member Arakaki serving as chairperson of the committee. Board Member Fallin seconded.


Board Member Voss called for a point of order and asked for clarification if the action is to (1) authorize the permitted interaction group and (2) select the members to serve on the 2022 Legislative Ad Hoc Committee with the authority.

Board Chairperson Payne clarified that the Board will need to select and appoint 2 to 4 members to serve on the 2022 Legislative Ad Hoc Committee.

Board Member Voss recommended Board Chairperson Payne and Board Member Fallin. He also stated that he is willing to serve if necessary.

Board Member Arakaki asked which Board Members served previously on the Legislative Ad Hoc Committee. Board Chairperson Payne replied that Board Members Namauʻu, Fallin, and former Board Member Margaret Cox served on the Committee.

Board Member Arakaki expressed interest in serving as a member of the 2022 Legislative Ad Hoc Committee.

Board Member Berg also expressed interest in serving as a member of the 2022 Legislative Ad Hoc Committee.

Board Member Fallin expressed appreciation for the nomination but respectfully declined. She expressed support for the nomination for Board Member Berg and Board Member Arakaki to serve.

Board Chairperson stated that the current nomination is for Board Members Arakaki, Berg, and Voss to serve on the 2022 Legislative Ad Hoc Committee.

Board Member Barcarse expressed support for Board Members Arakaki and Berg to serve on the 2022 Legislative Ad Hoc Committee.

Board Member Berg nominated Board Member Asher to serve on the 2022 Legislative Ad Hoc Committee.

Board Member Asher stated that she would be happy to support students.

Board Member Berg nominated Board Member Arakaki to serve as the Chairperson of the 2022 Legislative Ad Hoc Committee.

Board Member Arakaki expressed appreciation and asked that Board Member Voss mentor him.

Board Chairperson Payne asked if Board Member Voss is able to assist. Board Member Voss expressed appreciation and willingness to support as it is important for more Board Members to develop institutional knowledge.

Board Member Barcarse moved to appoint Board Members Arakaki, Asher, Berg, and Voss as members of the 2022 Legislative Ad Hoc Committee with the authority described in Board Chairperson Payne’s memorandum, dated December 16, 2021, and Board Member Arakaki serving as chairperson of the committee. Board Member Fallin seconded.


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


ACTION: Motion to appoint Board Members Arakaki, Asher, Berg, and Voss as members of the 2022 Legislative Ad Hoc Committee with the authority described in Board Chairperson Payne’s memorandum, dated December 16, 2021, and Board Member Arakaki serving as chairperson of the committee (Barcarse/Fallin). The motion carried unanimously with all members present voting aye.

E. Board Action on Board report for 2022 Legislative Session: annual Board report on the State public charter schools in accordance with Hawaii Revised Statutes Section 302D-21


Board Chairperson Payne called for public testimony on this agenda item. No one provided oral testimony at this time.


Board Chairperson Payne explained that the Board established an investigative committee in 2019 and 2020 tasked with developing the reports the Board was required to submit to the legislature. She explained that the Board did not establish an investigative committee this year because it has been busy with other matters, so she took on the task of developing a draft of the annual charter school report, which is the only report the Board is required to submit to the Legislature this year. Board Chairperson Payne noted that the format of the report is the same as in past reports and draws on the annual report submitted by the State Public Charter School Commission. She highlighted that one significant difference is that this year’s report recommends that the Legislature establish a task force to reexamine the charter school system holistically in the areas of governance, authority, and accountability. Board Chairperson Payne explained that it has been nearly a decade since the charter school system was overhauled and changes may be necessary to address some of the issues the Board has identified over the years.


Board Vice Chairperson Uemura moved to approve the Board’s annual report on charter schools, pursuant to HRS Section 302D-21, and as attached as Exhibit A to Board Chairperson Payne’s memorandum dated December 16, 2021. Board Member Barcarse seconded.


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


ACTION: Motion to approve the Board’s annual report on charter schools, pursuant to HRS Section 302D-21, and as attached as Exhibit A to Board Chairperson Payne’s memorandum dated December 16, 2021 (Uemura/Barcarse). The motion carried unanimously with all members present voting aye.

V. Discussion Items


Board Chairperson Payne called for public testimony on this agenda item.


Osa Tui, Hawaii State Teachers Association, testified that regular COVID-19 updates help with concerns relating to transparency and accountability and noted that the presentation does not provide information on the recent increase in cases and what will happen with the new variant.


Cheri Nakamura, HE‘E Coalition, testified that the Department provided a lot of information, but the objectives and how to achieve the objectives is unclear and asked if the Department is preparing for school-based COVID-19 testing, virtual learning options, and communication strategies for schools.


Lynn Otaguro, member of the public, testified that the Department has taken steps to address the COVID-19 pandemic but schools need more support, she noted that implementation has not been consistent across the state, and schools need more funding for training and staff support to make schools safer.


Justin Hughey, member of the public, testified that the Omicron variant is more contagious and replicates times faster and stated that the Department needs to make vaccinations mandatory for teachers and test all students weekly.


Board Chairperson Payne called on Hayashi to present an update on student and staff positive COVID-19 case data, the status of school-hosted vaccination sites, the status of school-based COVID-19 testing sites, Department employee and student vaccination rates, and the status of Department workforce shortages.


Hayashi stated that the Board requested a COVID-19 update including information relating to positive student and staff cases. He emphasized that the Department reminds everyone to stay vigilant and continue to practice core strategies with families. Hayashi stated that he anticipates that in the future the Department of Health (“DOH”) will have an online tracking system for schools to report positive case counts. Hayashi reported that as of December 6, 2021 the Department had 4,400 confirmed and probable COVID-19 cases among students, staff and contracted providers.


Hayashi stated that slide 3 outlined information on school hosted vaccination clinics done in collaboration with DOH and health care providers. He stated that the Department prioritized school-based clinics for younger age groups and hosted over 134 clinics that vaccinated 5,223 students. Hayashi noted that the Department and DOH anticipate hosting an additional 130 school based clinics.

Hayashi stated that slide 4 outlined school-based testing site information and explained that the Department partnered with the University of Hawaii and Pacific Alliance Against COVID-19 to offer free testing for students and staff. Hayashi also stated that for students under the age of 18 to participate in two programs, Operation Expanding Testing and Epidemiology and Laboratory Capacity.

Hayashi stated that slide 5 outlined an update on employee and student vaccination rates. He reported that as of November 1, 2021 91% of the Department’s salaried employees are vaccinated.

Hayashi stated that the Department is encouraging all employees to get booster shots and the Office of Talent Management is in process of enhancing its tracking system and will complete this by the third quarter. He also stated that the Board requested information on student vaccination rates but at this time, the Department does not require students to report their vaccination status except for the protocols for those in close contact situations and participate in student athletics.


Hayashi stated that slide 6 outlined the percentage of teacher positions filled on the first day of school each school year. He reported that for the school year 2020-2021, 90% of special education teaching positions completed a state approved teacher education program Hayashi stated that this completion rate might be attributed to special education differentials implemented in January 2020. Hayashi stated that the fill rate for non- special education teachers has remained steady at 97% for the past five years.


Hayashi stated that slide 7 outlined efforts on teacher recruitment and noted that the Department hired 1,096 teachers for this school year. He shared that the recruitment strategies included rebranding, launching of a new website, establishing Aloha Ambassadors to answer questions from interested candidates, hosting staff webinars, and working closely with administrators.


Hayashi expressed understanding that an area of concern is the lack of substitute teachers. He shared that the Department is working with existing unions, reaching out to representatives from the hospitality industry, participating in job fairs, and using targeted advising to recruit substitute teachers.


Hayashi also expressed concern regarding the shortage of school bus drivers, which is an issue nationally due to the COVID-19 pandemic. He noted that the Department gives priority to school bus service for special education students and that several of the Department’s short-term solutions have proven to be unsuccessful.


Board Member Voss expressed appreciation for the Department’s efforts to vaccinate students and staff, but noted that the numbers are disappointing with a little over 5,400 at 134 sites. He asked what the Department is doing to encourage vaccinations given the Omicron variant is on its way. Hayashi replied that the data does not represent students who received their vaccination through their primary care physician.


Phyllis Unebasami, Deputy Superintendent stated that the Department constantly communicates with the DOH and is working together to provide access to vaccinations by hosting several community events throughout the state. She shared that some families may not have the means to get to vaccination sites or are unaware that the elementary schools are planning to open sites. Unebasami stated that many schools expressed interest in hosting vaccination clinics and the Department is working with DOH and pediatricians to conduct webinars and share videos with families with young children. She also stated that the Department is discussing options to increase culturally appropriate communication to make sure all communities have access to vaccines and information.


Unebasami explained that the Department is planning for the worst-case scenario and other things that may result with the new variant.

Board Member Voss stated that bringing pediatricians into the schools is a great idea because more students need to be vaccinated. He emphasized that it is beneficial for the Department to maintain communication with unions and asked what efforts the Department is taking to engage in constructive dialogue.


Hayashi replied that the Office of Talent Management meets once per month with HSTA, Hawaii Government Employees Association, and the United Public Workers union.


Board Member Fallin stated that the slide on school by school or complex by complex data varies because one trend is that although there is variability there has been a decline with the Omicron variant. She asked for information about ongoing discussions with the DOH on efforts to prevent cases and keep students in school.


Board Member Fallin also asked who has the final authority to determine whether schools need to transition to virtual learning and whether this would be determined on a school-by-school basis. Hayashi replied that the Department would continue to work with DOH to assess the need to transition to virtual learning on a school-by-school basis.


Unebasami stated that the Department participates in daily meetings with DOH regarding the COVID-19 pandemic, but testing protocols are not in place for schools at this time. She explained that the Department is working to ensure schools would put testing protocols into place given the new reality of airborne viruses. Unebasami recommended that the Department begin to think about developing a school health system that will be able to care for students and staff.


Board Member Namau‘u asked if the Department plans to increase the number of school based testing sites because only 57% of schools are providing testing and what is the Department doing to encourage more school participation. Unebasami replied that testing is contingent on parent consent and service providers require a minimum number of students in order to set up school based testing or voucher systems so students can be tested at local pharmacies.


Board Chairperson Payne asked if some students tested at the same sites more than once or just during one-time clinics. Unebasami replied that the Department created flexible opportunities for schools to set up testing on certain dates or during school events. Board Chairperson Payne asked if the Department must get multiple consent forms from students or if the Department has implemented protocols for testing requirements.


Board Member Berg and Board Member Asher left the meeting at 4:27 p.m. due to technical difficulties


Board Member Berg returned to the meeting at 4:28 p.m.


Board Member Asher returned to the meeting at 4:30 p.m.


Board Member Berg asked how the Department communicates with the public. Unebasami replied that the Communication branch has participated in COVID-19 pandemic response team efforts from the beginning to support schools.

Board Member Berg left the meeting at 4:38 p.m.


Board Member Asher expressed appreciation to the Department leadership for the efforts in place. She stated that vaccination rates are still lower than expected but progress does not happen overnight. Board Member Asher offered her personal commitment to help the Department with its efforts in the community.


Hayashi replied that effort is required at all levels and noted that during school visitations it is inspiring to witness the hard work of everyone to support students.

VI. Late Public Testimony on Board Agenda Items


Board Chairperson Payne called for public testimony from any individuals who did not have an opportunity to testify on earlier agenda items.


Susan Pcola-Davis, members of the public, testified on agenda item IV.A on the Department’s educational plan and fiscal plan to use ESSER II and ESSER ARP federal funds. She expressed appreciation for the suggestion from Board Vice Chairperson Uemura to have the Department come back to the Board for future approvals.


Julie Reyes Oda, member of the public, testified on agenda item IV.A on the Department’s educational plan and fiscal plan to use ESSER II and ESSER ARP federal funds. She stated that the Department’s proposed ESSER plans do not alleviate staffing and personnel issues.


Susan Pcola-Davis, member of the public, testified on agenda item V.A on the COVID-19 update for 2021-2022 school year. She highlighted the data in the update and asked that the Department develop contingency plans for schools affected by the water contamination in Red Hill.


Linda Elento, member of the public, testified on agenda item III.B on the Joint Student Achievement and Finance and Infrastructure Committee Report. She stated that the Department’s ESSER plans do not reference students with Section 504 plans.


Board Members received written testimony before the meeting. The following is a listing of the people who submitted written testimony before the meeting.


Name
Organization
Agenda Item
Kyle ShimabukuroMililani Mauka Elementary School, Interim PrincipalIV. A. Board Action on Student Achievement Committee and Finance and Infrastructure Committee recommendations concerning the Department of Education’s educational plan and fiscal plan to use federal funds in the second round of the ESSER II and in the third round of ESSER ARP in accordance with the Board of Education’s October 21, 2021 ESSER II and ESSER ARP Fund Guidance & IV. B. Board Action on pay rates for part-time temporary employees
Gene ZarroSouth Maui Learning Ohana, CEOIII. C. Evaluation team (including permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) tasked with conducting the performance evaluation of the State Public Charter School Commission: report, findings, and recommendations
Shelly Hecker V. A. Presentation on COVID-19 Update for 2021-2022 School Year: Data on Positive Student and Staff Cases, Status of School-Hosted Vaccination Sites, Status of School-Based COVID-19 Testing Sites, Department Employee and Student Vaccination Rates, Status of Department Workforce Strategies
Jeff Lee V. A. Presentation on COVID-19 Update for 2021-2022 School Year: Data on Positive Student and Staff Cases, Status of School-Hosted Vaccination Sites, Status of School-Based COVID-19 Testing Sites, Department Employee and Student Vaccination Rates, Status of Department Workforce Strategies
Justin Hughey III. D. Update on Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) concerning search for a superintendent: Advisory group responsibilities and selection process, contract with National Association of State Boards of Education, and search timeline; IV. A. Board Action on Student Achievement Committee and Finance and Infrastructure Committee recommendations concerning the Department of Education’s educational plan and fiscal plan to use federal funds in the second round of the ESSER II and in the third round of ESSER ARP in accordance with the Board of Education’s October 21, 2021 ESSER II and ESSER ARP Fund Guidance; IV. C. Evaluation team (including a permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1)) tasked with conducting the performance evaluation of the State Public Charter School Commission: report, findings, and recommendations; & V.A. Presentation on COVID-19 Update for 2021-2022 School Year: Data on Positive Student and Staff Cases, Status of School-Hosted Vaccination Sites, Status of School-Based COVID-19 Testing Sites, Department Employee and Student Vaccination Rates, Status of Department Workforce Strategies
Lynn Otaguro IV. A Board Action on Student Achievement Committee and Finance and Infrastructure Committee recommendations concerning the Department of Education’s educational plan and fiscal plan to use federal funds in the second round of the ESSER II and in the third round of ESSER ARP in accordance with the Board of Education’s October 21, 2021 ESSER II and ESSER ARP Fund Guidance & V. A. Presentation on COVID-19 Update for 2021-2022 School Year: Data on Positive Student and Staff Cases, Status of School-Hosted Vaccination Sites, Status of School-Based COVID-19 Testing Sites, Department Employee and Student Vaccination Rates, Status of Department Workforce Strategies
Jordan Stephanos IV. A. Board Action on Student Achievement Committee and Finance and Infrastructure Committee recommendations concerning the Department of Education’s educational plan and fiscal plan to use federal funds in the second round of the ESSER II and in the third round of ESSER ARP in accordance with the Board of Education’s October 21, 2021 ESSER II and ESSER ARP Fund Guidance
Cheri NakamuraHEE CoalitionV. A. Presentation on COVID-19 Update for 2021-2022 School Year: Data on Positive Student and Staff Cases, Status of School-Hosted Vaccination Sites, Status of School-Based COVID-19 Testing Sites, Department Employee and Student Vaccination Rates, Status of Department Workforce Strategies
Osa TuiHSTA, PresidentIII. D. Update on Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) concerning search for a superintendent: Advisory group responsibilities and selection process, contract with National Association of State Boards of Education, and search timeline & V. A. Presentation on COVID-19 Update for 2021-2022 School Year: Data on Positive Student and Staff Cases, Status of School-Hosted Vaccination Sites, Status of School-Based COVID-19 Testing Sites, Department Employee and Student Vaccination Rates, Status of Department Workforce Strategies
Logan Okita IV. A. Board Action on Student Achievement Committee and Finance and Infrastructure Committee recommendations concerning the Department of Education’s educational plan and fiscal plan to use federal funds in the second round of the ESSER II and in the third round of ESSER ARP in accordance with the Board of Education’s October 21, 2021 ESSER II and ESSER ARP Fund Guidance
Hawaii Public Charter School Network III. C. Evaluation team (including permitted interaction group pursuant to Hawaii Revised Statutes Section 92-2.5(b) (1)) tasked with conducting the performance evaluation of the State Public Charter School Commission: report, findings, and recommendations & IV. E. Board Action on Board report for 2022 Legislative Session: annual Board report on the State public charter schools in accordance with Hawaii Revised Statutes Section 302D-21

VII. Adjournment


Board Chairperson Payne adjourned the meeting at 4:54 p.m.