STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, July 18, 2019

PRESENT:
Catherine Payne, Chairperson
Brian De Lima, Esq., Vice Chairperson
Kaimana Barcarse
Margaret Cox
Nolan Kawano
Dwight Takeno
Kenneth Uemura
Bruce Voss, Esq.
Captain Lyn Hammer (military representative)
David Texeira (student representative)

EXCUSED:
Kili Namau‘u

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

I. Call to Order

The Board of Education (“Board”) General Business Meeting was called to order by Board Chairperson Catherine Payne at 1:30 p.m.

Board Chairperson Payne introduced new Board Member Kaimana Barcarse.


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

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


III. Approval of Special Meeting Minutes and General Business Meeting Minutes of June 20, 2019

ACTION: Motion to approve the Special Meeting minutes of June 20, 2019, and the General Business Meeting minutes of June 20, 2019 (De Lima/Uemura). The motion carried unanimously with all members present voting aye.


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

Board Chairperson Payne reported on the Governor’s vetoes and the results of the 2019 Legislative Session. She detailed that the Governor issued his intent to veto list and vetoed 18 of the 20 bills on his list on July 9, 2019. Board Chairperson Payne noted that two of the legislative bills related to the Board’s authority, including House Bill (“HB”) 407 and HB 1276.

Board Chairperson Payne detailed that the Governor vetoed HB 407, which would have required Board approval prior to the Superintendent terminating a complex area superintendent (“CAS”). The rationale for the veto was that the Board already has the authority to establish a policy to approve the termination of a CAS. She noted that this bill might have affected the Board’s role as an appellate body as well as the appeal rights of CASs.

Board Chairperson Payne detailed that the Governor also vetoed HB 1276, which would have established a working group to consider and develop best practices for collaborative planning by teachers and expanded learning time for students in public schools. She noted that although the committee did not testify on this bill during legislative session, one of the rationales for the veto was that planning and learning time are matters better left to the Board because they fit within the Board’s statutory and constitutional authority.

Board Chairperson Payne reported that she and Military Representative Captain Lyn Hammer attended the Board’s community meeting on June 24, 2019 at Leilehua High School. She stated that the Board held a community meeting with the primary purpose of discussing the use and regulation of herbicides and pesticides on school campuses and sharing views on public education in response to concerns from the community. Board Chairperson Payne highlighted that there were many community members in attendance, including experts, Superintendent Christina Kishimoto, and representatives from the Department of Agriculture. She stated that the Department of Education (“Department”) had the opportunity to provide clarification and respond to concerns. She noted that schools and communities are continuing discussions regarding pesticides and herbicides and the Department plans to provide employees with additional training. She emphasized that the expectation for schools is to communicate to employees to not use pesticides or herbicides on school properties. Board Chairperson Payne highlighted that community meetings provide an opportunity for the public to get their voices heard and stated that the Board needs to continue to review outreach to communities.
Student Representative David Texeira reported that the Hawaii State Student Council held a Student Leadership Conference with the theme of “Life through Leadership.” He highlighted that 400 students from across the state attended. Student Representative Texeira detailed that students participated in board games to learn various lessons. He highlighted that the Student Leadership Conference occurred at the same time as the Department’s Innovative Teachers Engage and Collaborate conference in the same venue and noted that students participated in the Department’s conference. Student Representative Texeira highlighted that students felt encouraged to bring student voice to their schools, provide leadership to students who were unable to attend, and communicate various messages. Student Representative Texeira stated that the Hawaii State Student Council would hold its first meeting on August 10, 2019 to choose its executive board for the following school year.

Kishimoto reported that the Department held its Educational Leadership Institute conference and highlighted that 1,300 leaders from across the state attended. Kishimoto stated that the Department is holding special education conferences over the summer prior to the start of the school year. The Department held two conferences on Oahu and Kauai, and Board Member Margaret Cox attended on Kauai. Kishimoto detailed that the Department is holding its teacher leader academy program, training employees on Title IX, providing opportunities for capacity building, sharing practices, and engaging in conversations regarding the 2020-2030 Strategic Plan.

Kishimoto reviewed the 2020-2030 Strategic Plan planning process and five draft promises. She stated that the Department is in the process of vetting its draft promises with communities. She detailed that the Department is currently working with Kamehameha Schools and other community groups to receive input. The Department will incorporate feedback into its first draft, including specific actions, metrics, and measures related to the five draft promises. She stated that recent comments include feedback regarding expansion of partnerships, creation of a Nā Hopena A‘o summit, expansion of multilingual opportunities, and implementation of project-based learning. She highlighted that the Department will have received comments from 2,500 individuals by August 1 and would continue to seek additional feedback prior to drafting the more detailed 2020-2030 Strategic Plan.


V. *Public Testimony on Board Agenda Items

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

Name
Organization
Agenda Item
Position
P.M. AzingaHawaiʻi Republican Party N/AComment

P.M. Azinga, Hawaiʻi Republican Party, testified on her concerns regarding the Department’s lack of initiatives targeting military spouses for employment opportunities. Azinga detailed concerns regarding unemployment and underemployment rates of military spouses and explained how the Department could tap into this resource to meet its challenges in recruiting teachers and address its teacher shortage. She described how other states have implemented teacher permits and programs to recruit military spouses and encouraged the Department to review and possibly implement similar initiatives.

Military Representative Captain Hammer acknowledged that licensing, certification, and transportability of licensure is a challenge for military spouses that the military is currently looking into.

Azinga described how military families might choose to remain separated if licenses and credentials do not transfer from state to state.


VI. Action Items
Board Chairperson Payne recognized Student Representative Texeira for his service and shared parting comments.

ACTION: Motion to adopt the resolution recognizing Student Representative David Texeira for his service (De Lima/Uemura). The motion carried unanimously with all members present voting aye.

Board Chairperson Payne reviewed proposed amendments to the By-Laws of the Hawai‘i State Board of Education (“By-Laws”) based on Board members’ suggestions, including By-Law amendments regarding general business meetings, community meetings, and standing committees and officers. She detailed that the proposed amendments to the By-Laws seek to combine the Audit Committee and Finance and Infrastructure Committee; hold general business meetings once per month and only during business hours; hold community meetings in place of the reduced number of general business meetings; hold all committee meetings once a month on the same day and, if practical, on the same day as the general business meetings; reinforce the scope of authority and mission of each standing committee by including adherence to and enforcement of the committee charter as a duty of the committee chairpersons; and align the voting requirement to enter into executive session with administrative rules.

Board Vice Chairperson Brian De Lima moved to approve the amendments to the By-Laws as shown in Exhibit A of Board Chairperson Payne’s memorandum dated July 18, 2019. Board Member Kenneth Uemura seconded.

Board Member Margaret Cox stated that she would like the Board to hold community meetings on neighbor islands if the Board amends its By-Laws to hold community meetings in place of the reduced number of general business meetings. She stated that she would also like Board members to visit schools on neighbor islands prior to community meetings to learn more about the needs of schools and communities. Board Chairperson Payne agreed that the Board’s presence in schools is important.

Board Vice Chairperson De Lima emphasized that every Board Member has the opportunity to attend any community meeting that the Board schedules. He stated that he agrees with the proposed amendments but has concerns. Board Vice Chairperson De Lima noted that the current By-Laws do not require the Board to hold two general business meetings a month. He stated that the Board Chairperson has the discretion to determine whether a second general business meeting each month is necessary. Board Vice Chairperson De Lima clarified that the proposed amendment would eliminate evening general business meetings. He stated that evening business meetings do not engage communities or the public and stated that community meetings provide an opportunity for the Board to focus on topics that are important to the community and show empathy. He stated that he would like the Board to invite legislators to its community meetings, particularly legislators who represent the community in which the Board holds its meeting.

Board Vice Chairperson De Lima expressed concern that the Board holding all committee meetings on the same day might limit discussions and not allow committee members to voice concerns. He stated short and efficient discussion might serve a purpose in some settings but not in others. He emphasized that it is important that committee members do not rush committee meetings, provide the Department with feedback, encourage open discussion, exchange ideas, disagree with one another, and arrive at a decision on important issues related to public education.

Board Vice Chairperson De Lima stated that he does not support the proposed amendment to the By-Laws regarding the addition of additional duties to the responsibilities of committee chairpersons, particularly that committee chairpersons shall adhere to and enforce their respective committee charters. He expressed concern that it appears as though Board members are concerned that committees are overstepping boundaries even though Board members have not expressed these concerns. He stated that the addition of this language is unnecessary, appears in other sections of the By-Laws, and is repetitive.

Board Member Bruce Voss stated that evening general business meetings have not been successful in soliciting community input. He stated that he wants the Board to engage in discussions with the public, listen to concerns, and recognize solutions. He stated that he is open to the Board holding additional community meetings to engage the public but emphasized that the Board needs to continuously review ways in which to engage communities, including not limiting discussions during committee meetings, hearing from experts, and engaging in dialogue. He stated that Board members want to have meaningful discussions on issues and welcome ideas from the public on how to improve its community engagement process.

Board Chairperson Payne clarified that the proposed amendment to general business meetings notes that the Board shall meet at least once regularly on the first or third Thursday of each month. She stated that the language provides the Board with flexibility to schedule additional general business meetings or committee meetings if it needs to do so.

Board Member Uemura stated that committees do not need to rush discussions in order to have effective and efficient discussions. He stated that discussions are effective when committees are able to accomplish goals as a result of discussions. He noted that committee chairpersons must ensure that agenda items allow the committee to provide effective and efficient oversight.

ACTION: Motion to amend the main motion to approve the amendments to the By-Laws as shown in Exhibit A of Board Chairperson Payne’s memorandum dated July 18, 2019, with the exception of the proposed amendment to Section 4.4 of the By-Laws that states, “…adhere to and enforce their respective committee charters,” (De Lima/Voss). The primary amendment carried with Board Members Barcarse, Cox, De Lima, Kawano, Takeno, and Voss voting aye and Board Member Uemura voting nay.

ACTION: Amended main motion to approve the amendments to the By-Laws as shown in Exhibit A of Board Chairperson Payne’s memorandum dated July 18, 2019, with the exception of the proposed amendment to Section 4.4 of the By-Laws. The motion carried unanimously with all members present voting aye.

Board Chairperson Payne stated that the general business meeting schedule for the 2019-2020 school year is subject to change if the Board determines that it needs to hold special meetings or additional committee meetings. She noted that the Board would need to discuss and establish the schedule for community meetings.

Kishimoto stated that the Department has confirmed that the State of the Schools event with businesses and industry leaders will take place on September 5, 2019. She noted that Board Members previously expressed that they would like to attend. Kishimoto asked if the Board could switch its planned evening meeting to September 5, 2019 to September 19, 2019 to accommodate the State of the Schools event.

Board Vice Chairperson De Lima commented that adoption of the schedule would not interfere with the State of the Schools because the Board Chairperson has the authority to amend meeting dates.

Board Chairperson Payne stated that she agreed with switching the dates because it would be good for Board Members to experience the State of the Schools.

ACTION: Motion to adopt the general business meeting schedule for the 2019-2020 school year listed in Exhibit A of Board Chairperson Payne’s memorandum dated July 18, 2019, subject to changes for consistency with the amended By-Laws (De Lima/Uemura). The motion carried unanimously with all members present voting aye.

Board Chairperson Payne stated that the Board elects a Vice Chairperson each year, and this election is effective for the 2019-2020 school year. She stated that Board Vice Chairperson De Lima is interested in serving as Board Vice Chairperson again.

ACTION: Motion to elect Board Member Brian De Lima as Board Vice Chairperson effective for the 2019-2020 School Year (Voss/Cox). The motion carried unanimously with all members present voting aye.

Note: The Board took Agenda Items VI.E and VI.F together.

Board Chairperson Payne stated that the Board appoints committee chairpersons and members each year, and this appointment is effective for the 2019-2020 school year. She noted that the Board does not need to appoint a chairperson or vice chairperson for the Audit Committee since it approved changes to its By-Laws to combine it with the Finance and Infrastructure Committee.

ACTION: Motion to appoint: (1) Board Members Cox, De Lima, Kawano, Payne, Takeno, Uemura, and Voss as members of the Finance and Infrastructure Committee; (2) Board Members Barcarse, Cox, De Lima, Payne, Takeno, Uemura, and Voss as members of the Human Resources Committee; (3) Board Members Barcarse, Cox, De Lima, Payne, Takeno, Uemura, and incoming Student Representative Daniella White as members of the Student Achievement Committee; and (4) Board Member Kili Namauʻu as member of all standing committees, subject to her agreement (De Lima/Cox). The motion carried unanimously with all members present voting aye.

Note: The Board took Agenda Items VI.E and VI.F together.

ACTION: Motion to appoint: (1) Board Member Uemura as Committee Chairperson and Board Member Voss as Committee Vice Chairperson of the Finance and Infrastructure Committee; (2) Board Member Cox as Committee Chairperson and Board Member Namauʻu as Vice Chairperson of the Student Achievement Committee, subject to Board Member Namauʻu’s agreement; and (3) Board Member Takeno as Committee Chairperson and Board Member Barcarse as Vice Chairperson of the Human Resources Committee (De Lima/Uemura). The motion carried unanimously with all members present voting aye.

Board Chairperson Payne reviewed the strategic priority setting process. She explained the discussion is a continuation from the Board’s June 20, 2019 special meeting, and the revisions to the proposed process listed in Exhibit A of her memorandum are based on Board members’ comments from that meeting.

Board Chairperson Payne detailed that the revised proposed strategic priorities setting process includes the collection and analysis of relevant strategic plan-related data, feedback from internal and external stakeholders, a more formal structure for conversations with the Board’s co-policymakers for public education in the Legislature and Governor, and a self-evaluation component for the Board to assess its success in addressing its strategic priorities. She noted that the revised proposed general timeline would start in September with the establishment of the investigative committee and would end in June with the adoption of the strategic priorities for the next school year.

Board Vice Chairperson De Lima stated that the Board should advocate for the priorities it establishes as part of its strategic priority setting process. He emphasized the importance of the Board identifying existing data and collecting previously uncollected data. Board Vice Chairperson De Lima expressed concern that the data available on the Department’s website is outdated, including absenteeism data and special education data. He emphasized that the Board needs to work with the Department to collect the most recent data and analysis in a timely manner. He highlighted that the strategic priority setting process could help the Board in identifying available data, the Department’s ability to gather information, and the need for recent data.

ACTION: Motion to adopt the strategic priority setting process attached as Exhibit B in Board Chairperson Payne’s memorandum dated July 18, 2019 (De Lima/Uemura). The motion carried unanimously with all members present voting aye.

Board Chairperson Payne reviewed the Superintendent evaluation system process for the 2019-2020 school year and the Superintendent job description. She noted that the discussion is a continuation from the Board’s June 20, 2019 special meeting. Board Chairperson Payne detailed that Board members and Kishimoto suggested several substantive changes to the evaluation system to simplify the process. She noted that she made two revisions to the suggested changes based on the discussion at the June 20, 2019 special meeting.

Board Chairperson Payne noted that not all comments resulted in revisions to the proposal, such as those related to performance pay, contract extensions, and reordering of the professional standards and indicators.

ACTION: Motion to approve the suggested changes and adopt the process in Exhibit B of Board Chairperson Payne’s memorandum dated July 18, 2019 (De Lima/Cox). The motion carried unanimously with all members present voting aye.

Board Chairperson Payne reviewed standing committee strategic priorities for the 2019-2020 school year and noted that the discussion is a continuation from the Board’s June 20, 2019 special meeting.

Board Chairperson Payne detailed that each committee now has a set of high-interest topics, which are programs or issues that the respective committee is interested in examining during the 2019-2020 school year to determine whether appropriate policies, structures, and resources exist to support the program or address the issue. High-interest topics could lead to future committee strategic priorities.

Board Member Cox stated that she would like to add special education, English learners, and Stetson to the Student Achievement Committee’s high-interest topics. Board Chairperson Payne asked if Stetson falls under special education. Board Member Cox explained that Stetson is part of special education, but she would like to include it as its own high-interest topic.

Board Member Dwight Takeno stated that he would like to remove Stetson training from the Human Resources Committee’s high-interest topics and amend “differentiated teacher salary schedules” under high-interest topics to “examination of teacher salary schedules.”

Board Member Voss stated that he understands the rationale behind why fair and equitable allocation of Weighted Student Formula (“WSF”) is not a high-interest topic for the Finance and Infrastructure Committee but emphasized that the Finance and Infrastructure Committee is committed to meaningfully reviewing and understanding the application of WSF. He stated that it is essential for committee members to possess sufficient knowledge to appropriately review concerns regarding the allocation of WSF to rural schools, particularly neighbor island schools.

Board Chairperson Payne clarified that committees have the flexibility to amend high-interest topics and shift priorities if concerns and issues arise.

Board Member Nolan Kawano stated that the Finance and Infrastructure Committee should add WSF allocation to its priorities because the committee approves the Committee on Weight’s (“COW”) recommendations and it is important for the committee to prioritize the review of WSF allocations.

Board Member Uemura stated that he agrees with the priorities as listed in Board Chairperson Payne’s memorandum. He noted that the Finance and Infrastructure Committee has the opportunity to prioritize and ask questions and approves COW’s recommendations regardless of whether WSF allocation is a strategic priority. He noted that the Finance and Infrastructure Committee approves the COW’s recommendations every other year, so it makes sense to not list WSF allocations under the Finance and Infrastructure Committee’s strategic priorities. He stated that he is open to adding COW and WSF to the Finance and Infrastructure Committee’s high-interest topics if committee members feel the need to include it as part of the priorities.

ACTION: Motion to approve the suggested changes in Exhibit A and adopt the Committee Strategic Priorities listed in Exhibit B of Board Chairperson Payne’s memorandum dated July 18, 2019 with the following amendments: (1) add special education, English learners, and Stetson to the Student Achievement Committee’s high-interest topics; (2) remove Stetson and amend “differentiated teacher salary schedules” to “examination of teacher salary schedules” under the Human Resources Committee’s high-interest topics; and (3) add WSF to the Finance and Infrastructure Committee’s high-interest topics (De Lima/Barcarse). The motion carried unanimously with all members present voting aye.


VII. Adjournment

Board Chairperson Payne adjourned the meeting at 2:32 p.m.