STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING
MINUTES
Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Thursday, November 21, 2024
PRESENT:
Roy M. Takumi, Chairperson
Bill Arakaki, Vice Chairperson
Kaimana Barcarse
Elynne Chung
Kahele Dukelow
Mary Hattori
Wesley Lo
EXCUSED:
Ken Kuraya
Makana McClellan
ALSO PRESENT:
Keith Hayashi, Superintendent, Department of Education
Elizabeth Higashi, Assistant Superintendent, Office of Strategy, Innovation and Performance, Department of Education
Makalapua Allencastre, Chairperson, State Public Charter School Commission
Ed Noh, Executive Director, State Public Charter School Commission
Ethan Yang, Board Student Representative
David Tom, Military Liaison
Capsun Poe, Board Executive Director
Wimmie Wong Lui, Board Analyst
Lady Garrett, Secretary
I. Call to Order
Board Chairperson Roy Takumi called the Board of Education (Board) special meeting to order at 1:30 p.m.
II. Report of the superintendent
A. Updates on student transportation; and
B. Awards and recognitions for students, employees, and/or schools
The Board took agenda items II.A., and II.B. together.
Board Chairperson Takumi called on Keith Hayashi, Superintendent, to provide the report.
Updates on student transportation
Hayashi reported that regarding student transportation the Department of Education (Department) stated that bus service has been restored for 3,373 with a total of 115 routes having been restored. The Leilehua-Mililani-Waialua, and Hilo-Waiakea complex areas have been fully restored and the efforts to restore the remaining routes are ongoing including extending the emergency proclamation from Governor Josh Green.
Awards and recognitions for students, employees, and/or schools
Hayashi congratulated Royal Elementary School as a model of safety and has won the 2024 American Society of Safety Professionals (ASSP) Excellence in safety award. He also congratulated Honouliuli Middle School for being recognized as the Collaborative for High Performance Schools, as the first whole campus to be recognized in Hawaii. The temporary school site of the King Kamehameha III, known as Pulelehua Elementary School was awarded Project of the Year by the Construction Management Association of America. Hayashi stated that representatives from Koko Head Elementary School and Mililani Ike Elementary School accepted their National Blue Ribbon Award in Washington, D.C.
Hayashi recognized Marc & Lynne Benioff for their support of the DonorsChoose fall campaign; $2.5 million has been distributed to 3,586 teacher-led projects at 251 schools and 17 charter schools.
Board Chairperson Takumi asked Hayashi to provide an oral report on the artificial intelligence (AI) event. Hayashi shared about the event hosted by Public Schools of Hawaii Foundation, Harold K.L. Castle Foundation, and Design Thinking Hawaii which asked students to develop and design improvements for their respective schools using AI. He applauded the efforts of all the students from elementary, middle and high school categories.
Board Chairperson Takumi shared that he intends to invite the students from Palisades Elementary School to provide their presentation on what can be done with AI. Hayashi acknowledged Tiffany Frias, Advisor, Hawaii State Student Council, for her work on partnerships.
Board Chairperson Takumi called for public testimony. No testimony was provided.
Board Member Lo asked what barriers the Department is facing in order to restore the remaining routes. Hayashi replied that a barrier is due to the amount of drivers with CDL licenses and noted that the Governor’s proclamation allows for leverage to use tour buses to be able to transport students. He encouraged drivers who may be interested and the Department is hopeful that routes will be restored as soon as possible.
III. "Ed Talk Story" with the Hawaii State Public Charter School Commission
Board Chairperson Takumi called on Ed Noh, Executive Director, from the Hawaii State Public Charter School Commission (HSPCSC).
Noh introduced Makalapua Allencastre, Chairperson, HSPCSC to provide an overview of charter schools. Allencastre stated that charter schools are on five islands with the bulk on Hawaii Island. She emphasized that many schools are K-12 and include preschool classrooms. Many charter schools have extensive waiting lists due to facility needs and lack of teachers. Currently, all charter schools are on contract 4.0 which has an academic framework including mission aligned initiatives for student achievement. She noted that charter schools service approximately 40% of Native Hawaiian students.
Noh outlined the commission initiatives and legislative priorities. He stated that EDN 600 is distributed on a per pupil basis which does not cover collective bargaining or differentials so the Commission is looking for ways to get monies to schools. The Hawaii Keiki: Healthy & Ready to Learn Program expansion helps to take care of students across the state, and will be seeking an additional $1 million in funding. The HSPCSC is working on a revision to the strategic plan, including the process to understand the identity of what ‘Aha Kula Ho’āma means, to empower schools to embrace traditions. Noh stated that enrollment counts have been trending upwards and acknowledged four charter schools for being recognized at top ten best public high schools according to the 2024 Niche report. Hawaii was one of the first ten states in the nation to enact charter school legislation and Parkway Village Preschool is the first pre-Kindergarten charter school. He outlined the charter application period has closed and the evaluation phase of the application process is moving forward.
Board Chairperson Takumi called for public testimony.
Gene Zarro, member of the public, testified that in May 2024 he submitted a petition to the HSPCSC requesting the creation of administrative rules for charter school applications. Noh replied that he will follow up directly with Zarro regarding his request.
Board Member Hattori expressed appreciation for the presentation and asked where the preschools are located. Noh replied that preschools are concentrated on Oahu and Hawaii Island. Board Member Hattori asked which schools have larger wait lists. Allencastre replied that a majority of schools have wait lists and the schools usually will have a lottery system for admission. She also noted that many schools are adopting place based and cultural based curriculums but recognized that facilities have been an issue. Noh shared that the commission has been responding to amendments to enrollment policies.
Board Member Hattori expressed appreciation for the invitation to visit schools and asked the Board to follow up on this.
Board Member Dukelow asked about the legislative priorities and efforts. Noh stated that HSPCS has reached out to Governor Josh Green and House Education Chairperson Justin Woodson to gain an understanding on how to create models to address pay differentials.
Board Vice Chairperson Arakaki expressed appreciation for the support for Kauai charter schools.
Board Chairperson Takumi asked about the relationship between charter school preschools and the Executive Office of Early Learning (EOEL). Noh replied that the relationship is separate and all charter schools are mission driven.
IV. Military representative oral report on partnerships with the Department of Education
Board Chairperson Takumi called on David Tom, Military Representative to provide the oral report on partnerships with the Department.
Tom reported that the Joint Venture Education Forum was celebrated last month which has been a successful partnership with the Department. The Department of Defense (DOD) provides grants to military impacted schools and the Aiea-Radford-Moanalua & Kailua-Kalaheo was awarded with grants. He reported that Mokapu Elementary School has received funding to remodel school campuses and shared that he will be retiring at the end of the month.
Board Chairperson Takumi called for public testimony. No testimony was provided.
Board Member Hattori stated that changes are being anticipated with the United States Department of Education (USDOE) and if there is any indication on what to expect. Tom replied that more research needs to be gathered and a report will be provided at a later time.
V. Finance and Infrastructure Committee oral report on October 31, 2024, meeting
Board Chairperson Takumi called on Finance and Infrastructure Committee Vice Chairperson Elynne Chung to provide the oral report on the meeting held on October 31, 2024.
Board Member Chung reported that the Finance and Infrastructure Committee met on October 31, 2024, and received an update from the Department on schools’ fire alarm systems.
Board Chairperson Takumi called for public testimony on agenda item V. No testimony was provided.
VI. Human Resources Committee oral report on November 13, 2024, meeting
Board Chairperson Takumi called on Wesley Lo, Human Resources Committee Chairperson to present the oral report on November 13, 2024.
Board Member Lo reported that the Human Resources Committee met on November 13, 2024, discussed and recommended, for Board action, proposed
amendments to superintendent’s employment contract relating to salary,
benefits, and duration.
Board Chairperson Takumi called for public testimony on agenda item VI. No testimony was provided.
VII. Amendments to superintendent’s employment contract relating to salary, benefits, and duration
Board Chairperson Takumi called on Human Resources Committee Chairperson Lo to provide the recommendation on amendments to the superintendent's employment contract relating to salary, benefits, and duration.
Board Member Lo stated that the Board entered into an employment contract with Superintendent Hayashi that commenced on July 1, 2022. The employment contract has not since been revised. At our November 13, 2024 meeting, the Human Resources Committee voted to recommend the Board approve amendments to the Superintendent’s employment contract as follows: (1) To adjust his annual salary by 4%, in alignment with that of the subordinate superintendents, effective as of July 1, 2024; (2) To provide for the same benefits conferred to other Executive Branch directors each time they are adjusted, including the automobile allowance, effective as of July 1, 2024; and; (3) Extend the contract term to end on December 31, 2025, to allow for the review of school year-end results before conducting Superintendent’s self-assessment and evaluation for the 2024-2025 school year, pursuant to the timeline approved by the Board at its October 31, 2024, general business meeting.
Board Member Lo shared that the Committee’s discussion centered on how the adjustments compared with that of the superintendent's executive leadership team and the market. Toward the end of the memorandum we have before us, there is information that reflects what we discussed and is from the public domain, to provide additional context to assist with the Board’s deliberations today.
Board Chairperson Takumi called for public testimony.
Ann Mahi, Executive Director, Hawaii State Teachers Association, testified in opposition to the salary adjustment for Hayashi until the teacher paycheck issue is resolved. She stated that HSTA is still waiting for the settlement language to be finalized and none of the teachers have received the $400 checks part of the tentative agreement.
Julie Reyes Oda, former teacher from Nanakuli High & Intermediate School, testified in opposition to any amendments to Hayashi’s contract relating to salary and benefits except for the extension to give the Board time to complete an evaluation.
Board Member Lo asked what the timing of the teacher pay issues was. Mahi stated that the teacher pay issues are from the current school year in September.
Board Member Hattori asked Mahi to clarify her closing sentence relating to the request of a deferral. Mahi replied that HSTA is requesting that the Board defer any pay raise for Hayashi until the teacher paycheck delay settlement has been completed.
Board Chairperson Takumi asked if it is the position of HSTA that Hayashi should not receive a cost of living allowance adjustment. Mahi replied that there are so many issues and the raise should not be given until the teacher pay issue is fixed. Board Chairperson Takumi asked about the 20 outstanding issues with the Department. Mahi confirmed that there are many outstanding grievances and oversight over these issues is the responsibility of Hayashi.
Board Chairperson Takumi asked when the Board approved cost of living adjustments (COLA) for other staff HSTA did not disapprove. Mahi confirmed that HSTA did not disapprove of those adjustments but this is a direct line of authority and accountability. Board Chairperson Takumi stated that in the future the position is that if an issue raises to a certain level then it will be opposed. Mahi replied that teachers should be taken care of before a raise is given.
Board Member Lo asked for clarity on what is outstanding for paychecks. Mahi replied that salary compensation for the paycheck delay is $400 for one missed paycheck and $800 for those who missed two paychecks have not been sent out. Hayashi replied that the Department and HSTA has not reached a settlement agreement so the salaries have been paid but the additional amounts have not been paid since there is no settlement agreement.
Board Member Dukelow asked for clarity on when the paychecks were paid. Hayashi replied that a placeholder paycheck was paid and within two pay periods. He explained that the compensation payments were not paid since an agreement was not reached due to other outstanding issues such as HSTA requesting a $5000 donation payment for professional development. The Department cannot provide donation payments with the use of public funds. Mahi replied that HSTA is requesting that the Department seek an attorney general opinion which was not provided.
Board Member Dukelow asked about the formal process to communicate with the Department on other issues. Mahi replied that in terms of the process itself internally HSTA files a lot of complaints for response with the Department.
Board Member Lo stated that the intent was that the performance evaluation of the school year 2024 would be done and the salary was set by several prior superintendents; however a lot of changes have occurred. For example, the auto allowance is from 1991 and it is incumbent on any employer to be a good employer. He noted that the evaluation was done rating Hayashi as highly effective so it is incumbent to provide compensation.
Board Vice Chairperson Arakaki expressed support and noted that the Department needs to look at the issues to be addressed in the educational system.
Board Member Dukelow stated that the request for the raise was Board initiated and acknowledged that no raises were provided to Hayashi since he started.
ACTION: Approve the approve the First Amendment of the July 26, 2022, Employment Contract between Keith Hayashi and State of Hawaiʻi Board of Education, attached as Exhibit B to Human Resources Committee Chairperson Wesley Lo’s memorandum dated November 13, 2024, and authorize the Board chairperson to execute the amendment on behalf of the Board, subject to approval as to form by the Board’s attorney. (Human Resources Committee/No second needed). The motion carried with Board Members Takumi, Arakaki, Dukelow, Chung, Hattori, and Lo voting aye. Board Member Barcarse abstained.
VIII. Adjournment
Board Chairperson Takumi adjourned the meeting at 2:52 p.m.
For written testimony see the following link: https://boe.hawaii.gov/wp-content/uploads/2024/11/2024-11-21_GBM_testimony_20241121.pdf