July 15, 2021

STATE OF HAWAII
BOARD OF EDUCATION
SPECIAL MEETING

MINUTES

Thursday, July 15, 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 a Twenty-First Supplementary Proclamation dated June 7, 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
Kaimana Barcarse
Lynn Fallin
Kili Namauʻu
Dwight Takeno
Bruce Voss

EXCUSED:
Shanty Asher

ALSO PRESENT:
Kyla Musso, Student Representative
Colonel Michael Minaudo, Military Representative
Mark Recktenwald, Chief Justice, Hawaiʻi Supreme Court
Christina Kishimoto, Superintendent, Department of Education
Sean Bacon, Interim Assistant Superintendent, Office of Talent Management, Department of Education
Kerry Tom, Personnel Director, Personnel Management Branch, Department of Education
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary

I. Call to Order

Board Chairperson Catherine Payne called the Board of Education (“Board”) Special Meeting to order at 9:12 a.m.

II. Swearing in of student representative

Hawaiʻi Supreme Court Chief Justice Mark Recktenwald swore in Student Representative Kyla Musso. Student Representative Musso introduced herself.

Board Chairperson Payne thanked Hunter Harris, outgoing student representative, for his service and congratulated him for receiving a scholarship from a generous anonymous donor for his service as a student representative to the Board. Harris expressed his appreciation, stated that his experience has inspired him to pursue his educational goals, and that he was amazed by the work of teachers and students this school year.

Board Chairperson Payne welcomed the newest Board member, Bill Arakaki who is representing Kauai. Arakaki expressed his appreciation and stated that it is an honor to serve as a Board member.

III. Approval of Meeting Minutes of June 17, 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 June 17, 2021 General Business Meeting.

Board Vice Chairperson Kenneth Uemura moved to approve the meeting minutes of the Board’s June 17, 2021 General Business Meeting. Board Member Lynn Fallin seconded.

Board Chairperson Payne asked if there were any objections to the motion. No Board Member raised objections, and the motion was carried through unanimous consent from all members present (Board Vice Chairperson Uemura, Board Members Arakaki, Asher, Barcarse, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to approve the meeting minutes of the Board’s June 17, 2021 General Business Meeting (Uemura/Fallin). The motion carried through unanimous consent from all members present.

IV. Action Items

Board Action on amendment of the Bylaws of the Hawai'i State Board of Education

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

Board Chairperson Payne stated that the proposed changes to the Bylaws of the Hawai'i State Board of Education (“Bylaws”) are the same as the draft that the Board discussed at its June 17, 2021 General Business Meeting, with the exception of the provisions relating to a standing governance committee. She explained that based on the discussions at that meeting, Board members are concerned about governance issues but do not want to form a standing governance committee at this time.

Board Member Kaimana Barcarse moved to adopt the amended Bylaws attached as Exhibit B to Board Chairperson Payne’s memorandum dated July 15, 2021. Board Member Dwight Takeno seconded.

Board Vice Chairperson Uemura reaffirmed his support for the operational and technical amendments to the Bylaws. He stated that it is important for the Board to discuss the role of the Board and governance.

Board Vice Chairperson Uemura noted that several Board members spoke about the importance of Board governance, but that everyone needs to understand how the Board will apply and implement governance. He stated that the July 9, 2020 permitted interaction committee report concerning Board and standing committee priorities for the 2020-2021 school year provides a prelude as to what governance entails. Board Vice Chairperson Uemura stated that the Board should reassess its standing committee structure to ensure it adequately oversees all domains of public education and develop a multi-year policy review plan with the goal of providing clear vision and direction for all aspects of public education under the Board’s jurisdiction. He noted that Board governance is an important issue and proposed that the Board form an investigative committee on Board governance and implementation. Board Vice Chairperson Uemura recommended the Board create an investigative committee be comprised of Board Members Barcarse, Fallin, Takeno, and himself with the selection of the chairperson to be determined by the committee members.

Board Chairperson Payne clarified that establishing a permitted interaction group to address governance issues of the Board can be placed on the next agenda and is not part of the action on the Bylaws. She asked for consensus to pass Bylaws and discuss the proposed permitted interaction group for Board governance at a future meeting.

Board Vice Chairperson Uemura stated that governance issues are not all inclusive, and the discussion is related to a partial review of the Bylaws. He stated that the Board should set up a permitted interaction group to see how governance will impact the Board. Board Vice Chairperson Uemura suggested setting up the permitted interaction group at this meeting so that a report to the Board can take place at the next meeting.

Board Chairperson Payne noted that the Board cannot take action on the permitted interaction group or its governance task because it is not on the agenda and will need to be placed on an upcoming agenda for consideration. She recommended the approval of the Bylaws and noted that the Board can amend the Bylaws at any time, therefore the proposed permitted interaction group can be considered at a future meeting.

Board Vice Chairperson Uemura noted that he will yield if the understanding is to commit to having the governance agenda item on the next Board meeting.

Board Member Takeno expressed support for the proposed permitted interaction group and requested that there be more discussion on the next agenda.

Board Member Fallin expressed support for the discussion on governance, preferably at the next Board meeting. She asked about the process for promulgating committee agendas.

Board Chairperson Payne explained the committee agenda process and that agenda items need to be posted prior to the meeting as part of sunshine law requirements.

Board Member Fallin stated that she would like to get clarification on roles and responsibilities.

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, Barcarse, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to adopt the amended Bylaws attached as Exhibit B to Board Chairperson Payne’s memorandum dated July 15, 2021 (Barcarse/Takeno). The motion carried unanimously with all members present voting aye.

Board Action on general business meeting schedule for 2021-2022 School Year

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

Board Chairperson Payne stated that the Board publishes its general business meeting schedule in advance to give the public ample notice for planning purposes. She explained that the committee meetings are scheduled at the discretion of the committee chairperson, and the Board chairperson can call special meetings as needed, in accordance with the Bylaws. She noted that all of the general business meetings are scheduled for the third Thursday of the month, with the exception of the month of March, explaining that the March meeting is scheduled for the first Thursday to avoid holding a meeting during spring break.

Board Vice Chairperson Uemura moved to approve the general business meeting schedule for the 2021-2022 school year attached as Exhibit A to Board Chairperson Payne’s memorandum dated July 15, 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, Barcarse, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to approve the general business meeting schedule for the 2021-2022 school year attached as Exhibit A to Board Chairperson Payne’s memorandum dated July 15, 2021 (Uemura/Barcarse). The motion carried unanimously with all members present voting aye.

Board Action on election of Board Vice Chairperson

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

Susan Pcola-Davis, public, testified that she recommends the Board elect Board Member Voss to serve as Board Vice Chairperson. She stated that he has legal experience, raises important issues, and is open minded and willing to listen to other perspectives.

Board Chairperson Payne stated that the Board appoints a vice chairperson each year, and this appointment is effective for the 2021-2022 school year. She stated that Board Member Uemura served as vice chairperson last year and asked if any Board members were interested in serving as vice chairperson.

Board Member Takeno moved to appoint Board Member Uemura as vice chairperson for the 2021-2022 school year. 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, Barcarse, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to appoint Board Member Uemura as vice chairperson for the 2021-2022 school year (Takeno/Barcarse). The motion carried unanimously with all members present voting aye.

Board Action on appointment of members of Student Achievement Committee, Finance and Infrastructure Committee, and Human Resources Committee

Note: The Board took Agenda Items IV.D and IV.E together.

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

Board Chairperson Payne stated that the Board appoints committee chairpersons and members each year, and this appointment is effective for the 2021-2022 school year.

Board Chairperson Payne explained that annually the Board appoints standing committee members and officers and described changes to committee membership and officers. ’She apologized for making a premature announcement at the Board’s June meeting regarding it being Board Member Takeno’s last meeting and expressed her appreciation that he has continued to serve past the end of his term. Board Chairperson Payne stated that attached to the memorandum is the current and proposed slate of standing committee members and officers.

Board Member Barcarse nominated Board Member Kili Namau‘u to serve as the SAC chairperson.

Board Member Takeno stated that he would like to relinquish the position of the Human Resources Committee (“HR”) Committee chairperson position, and nominated Board Member Barcarse to serve as chairperson.

Board Member Voss stated that he will continue to serve as the chairperson of the Finance and Infrastructure Committee (“FIC”) and noted that the Board will need to elect vice chairpersons for each committee.

Board Chairperson Payne nominated Board Member Arakaki to serve as the Student Achievement Committee (“SAC”) vice chairperson, Board Member Fallin to serve as FIC vice chairperson, and asked if there is anyone who would like to serve as the vice chairperson for HR.

Board Member Takeno noted that although his term is not defined as a holdover member, he is willing to serve as the HR vice chairperson until the Governor appoints someone to fill the position.

Board Vice Chairperson Uemura moved to appoint: (1) Board Members Bill Arakaki, Shanty Asher, Barcarse, Fallin, Kili Namau‘u, Payne, Takeno, and Uemura as members of the Student Achievement Committee; (2) Board Members Arakaki, Fallin, Namau‘u, Payne, Takeno, and Bruce Voss as members of the Finance and Infrastructure Committee; and (3) Board Members Arakaki, Barcarse, Fallin, Namau‘u, Payne, Takeno, Uemura, and Voss as members of the Human Resources Committee for the 2021-2022 school year. 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, Barcarse, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to appoint: (1) Board Members Arakaki, Asher, Barcarse, Fallin, Namau‘u, Payne, Takeno, and Uemura as members of the Student Achievement Committee; (2) Board Members Arakaki, Fallin, Namau‘u, Payne, Takeno, and Voss as members of the Finance and Infrastructure Committee; and (3) Board Members Arakaki, Barcarse, Fallin, Namau‘u, Payne, Takeno, Uemura, and Voss as members of the Human Resources Committee for the 2021-2022 school year (Uemura/Fallin). The motion carried unanimously with all members present voting aye.

Board Action on election of committee chairperson and committee vice chairperson for Student Achievement Committee, Finance and Infrastructure Committee, and Human Resources Committee

Board Action on State Librarian evaluation system process for the 2021-2022 school year and State Librarian job description

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

Board Chairperson Payne stated that the Board annually reviews the state librarian’s evaluation process and the state librarian’s job description to see if changes are necessary. She explained that Board members and the state librarian are asked to recommend any changes. She stated that while none of the Board members suggested any changes, Stacey Aldrich, State Librarian, recommended three changes, as described in Board Chairperson Payne’s memorandum.

Board Vice Chairperson Uemura moved to approve the revisions and adopt the revised State Librarian Evaluation Process, as described in Board Chairperson Payne’s memorandum dated July 15, 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, Barcarse, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to approve the revisions and adopt the revised State
Librarian Evaluation Process, as described in Board Chairperson Payne’s memorandum dated July 15, 2021 (Uemura/Barcarse). The motion carried unanimously with all members present voting aye.

Board Action on resolution on opening of schools for the 2021-2022 School Year

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

Rebecca Hadley-Schlosser, public, testified that parents should be offered a choice to participate in online learning. She stated that if the Department is offering an online option, it must hire additional staff.

David Miyashiro, HawaiiKidsCAN, testified that stakes are high, there is a lack of transparency, and that a system-wide quality distance learning option should be available for families. He asked about a request made in February for the Department to explore the different learning models to meet high quality and engaging education and review opportunities to share resources.

Katelyn Shelly, public, testified that the Board should advocate that the Department of Health give parents the ability to choose whether their child should wear masks because masks are harm children and induce oxygen deprivation. She stated that students are experiencing new fears and are unable to connect with others because of masks.

Deborah Bond-Upson, Parents for Public Schools of Hawaii, testified in support of the action to open schools this fall, but that given ongoing health and safety concerns families should have distance learning and hybrid options. She urged the Board and Department to solicit input on these options because the Department is not communicating with parents.

Nikki Shigekane, public, testified that as a parent of an elementary school student categorized as high-risk, she wanted what distance learning option is being developed by the Department and whether there is teacher interaction. She stated that her child needs interaction to learn and asked for a distance learning option that is fair and comparable to what is in school.

Bryan Costa, public, testified that his daughter has Type I diabetes and he is disappointed that she will return to school although considered high risk. He noted that there has been no discussions about children with preexisting conditions and that the Department used an online course with no teacher involvement or oversight last year with a 90 percent failure rate.

Cheri Nakamura, HE‘E Coalition, testified that she will stand on written testimony in support of the item submitted on June 17, 2021.

Osa Tui, Hawaii State Teachers Association (“HSTA”), testified in support of the resolution and encouraged vaccination. He supported directing the Department to work with families and opposed directing the Superintendent to consider offering distance learning at the complex area level because schools may opt to provide a distance learning option and the Department could reallocate funds for these students to the school.

Justin Collado, McKinley High School teacher, testified that it was difficult to be a teacher this past school year and although he is trained to teach math he was unable to use tools and looked for ways to engage his students who spent six hours looking at a computer screen.

Tai Baird, HSTA, testified that as a special education teacher it was a challenge to teach simultaneously in-person and distance learning this past year, and that expecting teachers to instruct in the same manner is not as effective as if the teachers used one method of instruction.

Lynn Otaguro, public, testified that there is a need to continue health and safety measures by wearing masks and that teachers should not be required to teach both in-person and distance learning.

Julie Reyes Oda, Nanakuli High and Intermediate School, testified that while it is easier with students in-person, teachers need an employer who is honest because there is a list of classrooms that are not ventilated properly, schools lie to parents that classrooms will be sanitized throughout the day, and due to group limits the least the schools can do is require teachers not to come to meetings in person.

Nathan Reyes Oda, public, testified that he is concerned with the distance learning option as a parent of a special needs child because at times there are five different grade levels in one class and it is a nightmare.

Brandon Cha , public, testified and encouraged directing the Department to develop a full distance learning option because everyone has different ideas on what is best for all students and that simultaneous instruction (in-person and distance learning) does not work for anyone.

Lisa Morrison, teacher, testified that the Board should consider a revision to its resolution to address the issue of simultaneous instruction.

Susan Rocco, Special Education Advisory Council, testified that over the last year it has been brought to their attention that there are a number of students with disabilities are more successful in a distance learning mode of instruction than in-person learning and that the flexibility of a distance learning option should be provided.

John Johnson, public, testified as a parent of a special needs that he would like the option of distance learning for his child and understands how stressful it was for teachers to teach both in-person and distance learning.

Susan Pcola-Davis, public, testified that today is the due date for the report from the Superintendent to provide the plans to offer distance learning and that she does not expect teachers to teach both online and in-person.

Board Chairperson Payne stated that the proposed resolution attached to her memorandum is the same as the draft that the Board discussed at its June 17, 2021 general business meeting. She noted that, based on the discussions at that meeting, Board members were in support of the contents of the resolution, and she stated that she did not make any changes to that draft.

Board Member Fallin moved to adopt the resolution attached as Exhibit A to Board Chairperson Payne’s memorandum dated July 15, 2021. Board Member Barcarse seconded.

Board Chairperson Payne noted that the Board has heard and observed how challenging it has been for teachers to do both in-person and distance learning instruction simultaneously. She emphasized that the Department has learned through the experiences of this past school year and will move forward with best practices.

Board Chairperson Payne apologized that the Board was discussing the resolution so close to the beginning of the school year and expressed her expectation is that there will be consolidation of resources and coordination of resources within complex areas because it will be burdensome for small schools to provide distance learning.

Board Chairperson Payne explained that Christina Kishimoto, Superintendent will share data from a polling of districts and complexes to determine how many families are interested in distance learning. She explained that there are distance learning software programs which have been vetted through Grade 8 and that some middle and high schools will be moving forward with hybrid instruction.

Board Member Voss stated that the Board should not require simultaneous teaching both online and in-person and asked if the Department has the resources and staff to provide distance learning options at the state and complex area levels which will include teacher interaction, and if not, what resources the Department needs to get this done.

Board Chairperson Payne stated that the resolution does not include simultaneous instruction of online and in-person students and that the Board recognizes the challenges of simultaneous instruction.

Board Member Voss asked the Department to describe what is in place and what additional resources are necessary to provide a distance learning option with teacher interaction. He asked again if the Department does not have the resources, what is necessary to get the resources, and how quickly can the Department get the resources.

Kishimoto stated that all schools are working hard to prepare to open and noted that there is a fixed number of teachers and that it is a balancing act to stretch capacity for distance learning. She noted that the Department did not get additional allocations for full-time positions and is working with available resources.

Kishimoto explained that each complex has a distance learning plan based on principal input to the complex area superintendents with a variety of options and opportunities. She shared that both the Leilehua-Mililani-Waialua and Pearl City-Waipahu complex areas are doing a centralized virtual academy looking at teacher capacity and demands and E-school efforts; however, E-school staffing means those teachers are not available for in-person learning.

Kishimoto stated that the Department will be uploading in the next week the distance learning capacity that is available in each complex, with the assumption that it will not impact of students coming back for in-person instruction. She stated that based on data, the demand for distance learning is 1 to 2 percent in most places across the state. Kishimoto noted that for families who want a distance learning option, the principal has final say since the Department needs to know how students are doing overall. She also stated that the student has to be able to receive direct services if eligible for mandated services and families need to agree to expectations of attending regularly with the understanding that principals can pull back on those students not attending. Kishimoto noted that the ability to pull back and have those students come back is important for those committed to providing distance learning because for students who are struggling, the Department needs to know how they are doing socially and emotionally for students to be able to receive wrap-around services. She stated that the Department has to provide those students in need a holistic education so parents must agree to expectations.

Kishimoto stated that families with medical reasons have various options, including school hospital and there are some schools with greater capacity who can accept geographical exceptions in order to maximize distance learning. She stated that parents need to work with principals and the complex area contact will be posted online if parents have questions.

Board Chairperson Payne encouraged complex areas and principals to communicate clearly especially for parents with medically involved children and suggested that there be consideration for these families to follow up with the school hospital option because there is an uneven communication going to families.

Board Member Fallin stated that the focus should be on the impact on students to ensure students are doing well and everyone is sharing responsibility to make this happen. She acknowledged the expectations and is concerned with the nature of the report on line 105 of the resolution, which requires a report from the Department at today’s meeting. Board Member Fallin asked about the status of the report and noted that more information is needed for clarification.

Kishimoto replied that the Department has prepared a website, which is ready to launch next Wednesday, which will include complex area information and contacts for distance learning. She noted that there was no request to have a report done by today's meeting and she has continued to keep Board Chairperson Payne apprised of ongoing efforts regarding coordination and communication. Kishimoto stated that the Board did not approve its resolution.

Board Member Fallin asked if the Department is asking to revise the deadline and when. She also stated that to minimize confusion on all levels, if the Department is proposing the plan being asked for, have an alternative deadline.

Kishimoto replied that it is up to the Board on what is helpful to add value at this point. She noted that the Department has not let up on this and there were comments about the resolution, that it was still being discussed and whether it will be adopted or not.

Kishimoto stated that the Department has been moving forward on a number of efforts, including distance learning. She announced that the Department has shown the USDA its efforts to accommodate opening schools, families, health and safety and received news that schools will provide free meals for all students. Kishimoto stated that a press release will be forthcoming that no family will need to pay for food through their registered school site. She asked if the Board would like to accept the posting of information on the website next week Wednesday as the report or if the Board is asking for additional information from the Department at this time.

Board Member Fallin suggested amending the wording of the resolution to maximize communication.

Board Chairperson Payne stated that she thinks Kishimoto partially met the request in the resolution by providing information orally and if next Wednesday is the internal deadline, she asked Kishimoto to send her an advance copy of what will be posted. She stated that the issue is lack of clarity for schools, staff, and families and that the Department needs to continue to work on clarity to learn and grow because schools may need to move into distance learning later or this may be a long-term option for students who do better using this format.

Board Member Fallin acknowledged that Board Chairperson Payne has provided leadership in the area of distance learning and expressed her appreciation for the value added to the discussions that needed to happen.

Board Member Takeno stated that lines 86-92 of the resolution describe two situations are being discussed and he would like to propose adding, “child has underlying health conditions, which places them in categories for serious risk, and complex areas may not have funding and resources and therefore could allow a student to participate in a class in a different complex and island should be explored especially in remote areas that are challenging.” He also proposed amending lines 100-103 to direct Kishimoto to examine and develop a plan to offer distance learning for the 2021-2022 school year and determine when the Department will share this plan with the Board.

Board Member Takeno stated that the Board may need a special meeting before this happens and set a date to expect the report so parents can understand options for children. He described proposed amendments to Line 145, Lines 86-92, lines 94-98, line 101, lines 105-108 and for the Board to consider scheduling another meeting before August 3, 2021.

Board Member Takeno requested that the Department provide the report by the end of the month with plans to offer distance learning for the 2021-2022 school year.

The meeting recessed at 11:32 a.m. and reconvened at 11:45 a.m.

Board Member Takeno moved to amend the main motion by removing the word “full” in front of all references to “distance learning” throughout the resolution. Board Member Barcarse seconded.

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

Board Member Takeno moved to amend the main motion by changing lines 86-92 in the resolution to read (language to be removed is stricken and language to be added is underlined): “BE IT FURTHER RESOLVED that the Board hereby directs the Department to work with families who want their children in a ~~full~~ distance learning program because (a) they do not feel comfortable sending their children to a school campus and would like to keep their children at home, or (b) their children performed well academically, socially, and emotionally in a distance learning setting, provided that the child’s school works with the child’s parents or guardians to determine whether a full distance learning program is in the best interest of the child, (c) their children have underlying medical conditions which places them in a high-risk category for serious illness, or (d) their children would be able to get courses from another school or complex that the child’s home school does not offer[.]” Board Vice Chairperson Uemura seconded.

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

Board Member Takeno moved to amend the main motion by changing lines 94-98 in resolution to read (language to be removed is stricken and language to be added is underlined): “BE IT FURTHER RESOLVED that the Board directs the Superintendent to develop and maintain an easily accessible listing of schools that offer ~~full~~ distance learning programs along with a description of the distance learning program and whether those schools are currently accepting geographic exceptions to make it easy for families to find ~~full~~ distance programs, which shall be available by July 21, 2021 on the Department’s website and shall be regularly updated” Board Vice Chairperson Uemura seconded.

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

Board Member Takeno moved to amend the main motion by changing lines 100-103 in the resolution to read (language to be removed is stricken and language to be added is underlined): “BE IT FURTHER RESOLVED that the Board directs the Superintendent to ~~consider the feasibility and viability of offering~~ research and develop a plan to offer distance learning at the state or complex area levels for the 2021-2022 school year rather than on a school-by-school basis in order to pool resources and expertise and reduce the burden on individual schools[.]” Board Vice Chairperson Uemura seconded.

Board Member Voss asked Board Member Takeno what level of detail is expected with this plan.

Board Member Takeno replied that the level of detail he is expecting is a fully operational plan where services can be provided and delivered to outline capacity resources and financial requirements it will need and where it can be taken from to provide these services for students. He also stated that he would like an operational plan that can be funded and moved forward.

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

Board Member Takeno moved to amend the main motion by changing lines 105-108 in the resolution to read (language to be removed is stricken and language to be added is underlined): “BE IT FURTHER RESOLVED that the Board directs the Superintendent to report to the Board on July 1529, 2021 with plans to offer distance learning at the state or complex area levels for the 2021-2022 school year, including a communication plan to students, parents and guardians, teachers, and principals[.]” Board Vice Chairperson Uemura seconded.

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

Board Member Takeno moved to amend the main motion by removing the word “policies” from line 145 in the resolution. Board Vice Chairperson Uemura seconded.

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

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

ACTION: Motion to adopt the resolution attached as Exhibit A to Board Chairperson Payne’s memorandum dated July 15, 2021 with the adopted amendments. The motion carried unanimously with all members present voting aye.

Board Action on Board Action on findings and recommendations of investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes Section 92

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2.5(b)(1)), concerning nomination of individuals to serve as members of the State Public Charter School Commission (“Commission”): Shannon A. Cleary, Alex S. Harris, Cathy K. Ikeda

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

Board Chairperson Payne stated that at the Board’s June 17, 2021 General Business Meeting, the investigative committee nominated Shannon Cleary, Alex Harris, and Cathy Ikeda for appointment to the State Public Charter School Commission (“Commission”). She explained that the investigative committee also recommended that the board chairperson appoint the nominees as interim commissioners pursuant to the Board’s mid-term vacancy process as a stopgap measure to avoid any breaks in service, which Board Chairperson Payne did, effective July 1, 2021.

Board Vice Chairperson Uemura moved to appoint Shannon A. Cleary, Alex S. Harris, and Cathy K. Ikeda to the Commission for three-year terms effective July 1, 2021 (applied retroactively) and ending June 30, 2024. Board Member Namau‘u 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, Barcarse, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to appoint Shannon A. Cleary, Alex S. Harris, and Cathy K. Ikeda to the Commission for three-year terms effective July 1, 2021 (applied retroactively) and ending June 30, 2024 (Uemura/Namau‘u). The motion carried unanimously with all members present voting aye.

Board Action on Final Agreement between the Hawaii State Teachers Association and the State of Hawaii Board of Education (July 1, 2021 to June 30, 2023)

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

Board Chairperson Payne called on Sean Bacon, Interim Assistant Superintendent, Office of Talent Management (“OTM”), to present the Department’s recommendation on the final agreement between HSTA and the Board, effective July 1, 2021 to June 30, 2023.

Board Vice Chairperson Uemura moved to approve the final agreement between HSTA and the Board for a term from July 1, 2021 to June 20, 2023 and authorize Board Chairperson Payne to execute the final agreement on behalf of the Board, including all appendices described in Kishimoto’s July 15, 2021 memorandum. Board Member Barcarse seconded.

Board Member Voss and Takeno recused themselves from voting.

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, Barcarse, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to approve the final agreement between HSTA and the Board for a term from July 1, 2021 to June 20, 2023 and authorize Board Chairperson Payne to execute the final agreement on behalf of the Board, including all appendices described in Kishimoto’s July 15, 2021 memorandum (Uemura/Barcarse). The motion carried unanimously with all members present voting aye.

Board Action on approving for public hearing the repeal of Hawaii Administrative Rules Chapter 66, Part-Time Temporary Employees

Note: The Board took agenda item IV.J after agenda item IV.L.

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

Board Chairperson Payne called on Bacon to present the Department’s recommendation on a public hearing for the repeal of Hawaii Administrative Rules (“HAR”) Chapter 8-66, entitled “Part-Time Temporary Employees.”

Bacon provided the Department's request for the approval for public hearing regarding HAR Chapter 8-66. He stated that school code regulation 5203 provided the hourly pay rate for part time teachers on July 22, 2005, which former Superintendent Patricia Hamamoto issued, decoupling for those with a bachelor's degree and those without a bachelor’s degree and these rates were paid by the Department since July 1, 2005. Bacon explained that a class action lawsuit was filed that said the previous action was unlawful and pay rates could only be changed by administrative rule. He stated that in May 2012, proposed rules were approved, but in June 2017, the Department prevailed in its appeal, so the Department can change pay rates via school code regulation 5203. Bacon recommended that the Board repeal HAR Chapter 8-66, since these rules are no longer necessary and the Department will propose a methodology for setting these rates at a later meeting.

Board Vice Chairperson Uemura moved to approve the repeal of HAR Chapter 8-66, entitled “Part-Time Temporary Employees,” for public hearing. Board Member Takeno seconded.

Board Member Takeno stated that the Board has always had oversight in regards to compensation and authority to establish pay rates for Department employees. He explained that to be consistent with the structure and methodology when talking about compensation for employees excluded from the civil service system, the Board should maintain this authority. Board Member Takeno amending the recommended motion to clarify the Board’s oversight role. .

Board Member Fallin asked whether what is being proposed requires any changes to school code and whether any changes to school code under the purview of the Department and not the Board.

Bacon replied that the proposal is to begin the process to repeal the HAR Chapter 8-66. He stated that then the Department will look at methodology on how compensation would be set if these administrative rules are repealed.

Board Member Fallin asked if the Board is involved with changes to the school code.

Kerry Tom, Personnel Management Branch Director of OTM, stated that the Board does get involved with school code, depending on the subject matter.

Board Chairperson Payne stated that the Board is not generally involved in school code changes, but that changes need to be in alignment with Board policies, because school code is operational. Bacon confirmed that Board Chairperson Payne is correct.

Board Vice Chairperson Uemura stated the Department’s memorandum stated that there are no financial implications, but there should be financial implications.

Bacon stated the recommendation is to begin the repeal process so there are no financial implications, but there may be implications when the methodology is developed and that information will be shared with the Board.

Board Member Voss asked if the courts ruled on this in 2017, why did the Department take four years to come before the Board. Bacon stated that the rule is no longer needed and the Department is proposing its repeal based on the attorney general's recommendation.

Board Member Voss asked for confirmation that there have been no adjustments to the pay rates since 2012. Bacon replied that this is correct and the Department is looking to adjust pay rates to be competitive to local market rates.

Board Vice Chairperson Uemura withdrew his motion. Board Chairperson Payne asked if there was any objection to withdraw the motion. There were no objections, and the motion was withdrawn.

Board Member Takeno moved to (1) approve the repeal of HAR Chapter 8-66, entitled “Part-Time Temporary Employees,” for public hearing, and (2) direct to the Department to present to the Human Resources Committee a process that ensures that the Board maintains oversight and authority over establishing pay rates for part-time temporary employees before the Department requests final approval of the repeal from the Board. Board Vice Chairperson Uemura 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, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to (1) approve the repeal of HAR Chapter 8-66, entitled “Part-Time Temporary Employees,” for public hearing, and (2) direct to the Department to present to the Human Resources Committee a process that ensures that the Board maintains oversight and authority over establishing pay rates for part-time temporary employees before the Department requests final approval of the repeal from the Board (Takeno/Uemura). The motion carried unanimously with all members present voting aye.

Board Action on designation of Board Members to a permitted interaction group, pursuant to Hawaii Revised Statutes Section 92-2.5(b)(1), acting as part of the evaluation team tasked with conducting a performance evaluation of the State Public Charter School Commission

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

Board Chairperson Payne stated that the Board must conduct a performance evaluation of the Commission and explained that at least two Board members must serve on the evaluation team.

Board Vice Chairperson Uemura moved to assign Board Member Fallin and Board
Chairperson Payne to a permitted interaction group, pursuant to
Hawaii Revised Statutes (“HRS”) Section 92-2.5(b)(1), tasked with investigating the Commission’s performance in accordance with the Hawaii Authorizer Performance Evaluation System (“HAPES”) and to the evaluation team responsible for conducting the performance evaluation of the Commission, pursuant to HAPES, with Board Member Fallin chairing the evaluation team. Board Member Takeno 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, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to assign Board Member Fallin and Board
Chairperson Payne to a permitted interaction group, pursuant to
HRS Section 92-2.5(b)(1), tasked with investigating the Commission’s performance in accordance with HAPES and to the evaluation team responsible for conducting the performance evaluation of the Commission, pursuant to HAPES, with Board Member Fallin chairing the evaluation team (Uemura/Takeno). The motion carried unanimously with all members present voting aye.

Board Action on Memorandum of Agreement Bargaining Unit 06, extending collective bargaining agreement between Hawaii Government Employees Association, AFSCME, Local 152, AFL-CIO and State of Hawaii Department of Education and Board of Education (July 1, 2017 to June 30, 2021)

Note: The Board took agenda item IV.L before agenda item IV.J.

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

Board Chairperson Payne stated that since the Board posted its meeting agenda, the Department and Governor agreed to a tentative agreement with the Hawaii Government Employees Association (“HGEA”). She explained that the Board would not take action on the tentative agreement at this meeting because it is not on the agenda, but noted that the Board could consider it at its next meeting.

Board Chairperson Payne called on Bacon to present the Department’s recommendation for the Bargaining Unit 06 memorandum of agreement extending collective bargaining agreement between HGEA and the Department and Board.

Bacon explained that the Department is requesting approval of a memorandum of agreement extending the terms of the contract that began on July 1, 2017 to June 30, 2021.

Board Chairperson Payne clarified that HGEA’s membership is in the process of ratifying the tentative agreement.

Board Member Barcarse moved to approve the memorandum of agreement between HGEA and the Department and Board beyond July 1, 2021, and up to such time, a successor collective bargaining agreement is executed. Board Vice Chairperson Uemura seconded.

Board Member Barcarse stated he has no objections, but he noted that as the Board representative for HGEA negotiations, he was not part of the negotiations and discussions, which lead to memorandum of understanding. He explained that the last meeting he was invited to was held on May 12, 2021, and he would like to be clear that the Board did not have representation in this matter.

Board Chairperson Payne asked for clarification on why the Board was not represented.

Bacon explained that there was an impasse and the possible need to go to arbitration, but recently HGEA accepted the tentative agreement and the process happened quite quickly.

Board Chairperson Payne asked why Board Member Barcarse was not included in what transpired. Bacon replied it was an oversight and apologized.

Board Member Barcarse left at 12:17 p.m.

Board Chairperson Payne emphasized that it is important that the Board or its representative be included in discussions going forward.

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, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to approve the memorandum of agreement between HGEA and the Department and Board beyond July 1, 2021, and up to such time a successor collective bargaining agreement is executed (Barcarse/Uemura). The motion carried unanimously with all members present voting aye.

Board Action on general waiver to allow reduction of the 180 day school year and 1,080 student instructional hours pursuant to Hawaii Revised Statutes Section 302A-251, consistent with revisions to the Department of Education's 2020-2021 school calendar

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

David Miyashiro, HawaiiKidsCAN, testified that it is unfathomable to ask students to lose class instructional hours since students suffered an academic and social emotional loss this past year. He stated that the Department should have added more instructional time during school breaks because the plan was to restore instructional days.

Board Chairperson Payne explained that the Board considered this item at its June 17, 2021 general business meeting, but Board members expressed concern regarding the Board’s authority to grant a general waiver and wanted clarification from its attorney before taking action. She stated that the Board’s attorney confirmed that the Board has the authority to grant the general waiver described in Kishimoto's June 17, 2021 memorandum.

Board Vice Chairperson Uemura moved to grant a general waiver to the school day and student hour requirements of HRS Section 302A-251 for the 2020-2021 school year consistent with the Board-approved revisions to the 2020-2021 official school calendar equaling a reduction of nine student instructional days and 54 student hours. Board Member Takeno seconded.

Board Member Voss spoke against the motion because Kishimoto told the Board that instructional days would be restored. He noted that no efforts were made to restore instructional hours and the Department failed to comply with the mandate and that there is no real consequence, other than the Department’s next report to the legislature will need to note that actions were not consistent with the law.

Board Vice Chairperson Uemura asked the Department to explain the implications if the Board does not take action.

Kishimoto stated that it is inaccurate that the Department did not pursue conversations with unions and started to exchange with HSTA on giving up institute days and adding back days during the holidays, but discussions were focused on addressing furloughs and additional cuts beyond the nine days. She stated that this was interrupted by the urgency to prevent furloughs and during the last meeting, the negotiations were interrupted by lots of back and forth with the Governor's office. Kishimoto stated that the condition to get union members to agree upon the delay of furloughs was decided well into February and March of 2021, by this time institute days had passed which shifted to opening schools for the next year and summer school planning. She clarified that the Board was supposed to follow-up with the attorney general's office regarding the impact of not approving the general waiver.

Board Vice Chairperson Uemura stated Kishimoto did not answer his questions, that he is in support of Board Member Voss’ comment and that he will not support the Department’s recommendation.

Board Chairperson Payne clarified that the Board followed up on its authority to grant the waiver and has been advised that the Board can grant a statewide waiver.

Board Member Namauʻu stated she will join colleagues and will not support this motion because the Department should have done more to extend the school year and add instructional hours.

Board Chairperson Payne stated that the item is moot since the school year is over and the Department was trying to protect losing additional days.

Board Member Arakaki asked if this recommendation pertains to the 2020-2021 school year and does not mean it will be an extension or waiver for upcoming school years.
Kishimoto replied that the recommendation will be for the 2020-2021 school year.

Board Chairperson Payne called for a roll call vote on the motion. The motion failed with Board Member Arakaki voting aye and Board Vice Chairperson Uemura, Board Members Fallin, Namauʻu, Takeno, and Voss voting nay.

V. 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.

Josiah Orso, public, testified on agenda item IV.G, “Board Action on resolution on opening of schools for the 2021-2022 School Year.” He expressed concern for parents who are teachers and understands the need to get students on campus for learning, but asked the Board to remember every teacher has someone they are worried about and to be realistic in requirements.

Mireille Ellsworth, Hawai‘i for a Safe Return to Schools, testified on agenda item IV.G, “Board Action on resolution on opening of schools for the 2021-2022 School Year.” She stated that regarding the proposed amendments to determine the definition of hybrid learning the research suggests it is not an effective model. Ellsworth stated that the schools will be opened without analysis and the Department of Health is not a good resource because their communication is horrible.

Danielle Burger, Hilo Union Parent-Teacher Organization, testified on agenda item IV.G, “Board Action on resolution on opening of schools for the 2021-2022 School Year.” She expressed appreciation for Board Member Takeno.

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
David Miyashiro	HawaiikidsCAN	IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year; IV. M. Board Action on general waiver to allow reduction of the 180 day school year and 1,080 student instructional hours pursuant to Hawaii Revised Statutes Section 302A-251, consistent with revisions to the Department of Education’s 2021-2022 school calendar
Jessie Makainai		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Shane Arakaki		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Hi‘iaka Jardine		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Jennie Gomes		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Lynn Otaguro		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Katelyn Shelly		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Blaine Stuart		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Marika Betram		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Laura Paet-Gamboa		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Lois Yamauchi		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Amy Ogasawara-Fukumoto		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Crissy Mahiai		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Cheri Nakamura	HE‘E Coalition	IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Susan Young		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Martha Guinan & Ivalee Sinclair	Special Education Advisory Committee	IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Osa Tui, Jr.	Hawaii State Teachers Association, President	IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Susan Pcola-Davis		IV. C. Board Action on election of Board Vice Chairperson; IV. E. Board Action on election of committee chairperson and committee vice chairperson for Student Achievement Committee, Finance and Infrastructure Committee, and Human Resources Committee; IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year
Owen Chan		IV. G. Board Action on resolution on opening of schools for the 2021-2022 School Year

VI. Adjournment

Board Chairperson Payne adjourned the meeting at 1:14 p.m.