STATE OF HAWAII
BOARD OF EDUCATION
SPECIAL MEETING

MINUTES

Thursday, October 1, 2020
*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 Thirteenth Supplementary Proclamation dated September 22, 2020, 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.

Name	Organization	Agenda Item	Position
Julie Reyes Oda		III.B. Board Action on directives regarding telework availability for teachers: Board intent, telework approval criteria, and telework termination restrictions	Comments
Osa Tui	Hawaii State Teachers Association	III.B. Board Action on directives regarding telework availability for teachers: Board intent, telework approval criteria, and telework termination restrictions	Support
Corey Rosenlee	Hawaii State Teachers Association	III.B. Board Action on directives regarding telework availability for teachers: Board intent, telework approval criteria, and telework termination restrictions III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Support
Paul Daugherty	Hawaii State Teachers Association	III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Comments
Keoki Fraser	Hawaii State Department of Education	III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Comments
Cheri Nakamura	HE‘E Coalition	III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Support
Caroline Batule		III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Comments
Sarah Guay		III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Comments
Amy Perruso	Hawaii State House of Representatives	III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Comments
Debbie Anderson		III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Comments
Kainoa Lopez	James Campbell High School	III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Comments
Esther Kanehailua		III.B. Board Action on directives regarding telework availability for teachers: Board intent, telework approval criteria, and telework termination restrictions	Oppose
Micah Verdadero	James Campbell High School	III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Comments
Stephen O'Neal		III.C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning	Support

A. Board Action on authorizing a Board Member to represent the Board in mid-term bargaining with the Hawaii Government Employees Association (Bargaining Unit 6)

B. Board Action on directives regarding telework availability for teachers: Board intent, telework approval criteria, and telework termination restrictions

1. In accordance with lines 240-243 and 268-273 of the Reopening Resolution, the DOE should ensure there is a comprehensive and thoughtful system of support for teachers, particularly during distance or hybrid learning modes.
2. Administrators will approve teachers that request telework during distance or hybrid learning modes if the following criteria is met:
a. The teacher has a location at home where the teacher can work or conduct instruction online with minimal disruptions during school hours.
b. The teacher has reliable internet connectivity that is adequate for the instruction being provided and to engage with their administrator and others.
c. The teacher provides a written commitment that their administrator will be able to: (1) monitor the teacher’s instruction and/or instructional material provided to students and (2) will be able to easily make contact with, communicate with, and get timely responses from the teacher.
3. The DOE can subsequently terminate a telework agreement if any of the telework approval criteria are not met consistently during the term of the agreement or if the administrator determines that the teacher’s instruction or instructional material is not effective based on the administrator’s monitoring and that the teacher’s instruction or instructional material does not improve after the administrator provides guidance and training opportunities.

Board Member Takeno addressed Board Member Voss and Cox’s concerns regarding Board action on operational matters. Board Member Takeno agreed that these directives are not at the ideal policy-making level on which the Board should be operating, but the Board was waiting for the DOE to address concerns expressed in testimony about the telework program, which it failed to do. The Board received multiple pieces of testimony regarding the inconsistencies, confusion, and lack of transparency in the way the DOE was implementing the telework program.

Board Members discussed whether allowing the DOE to terminate telework agreements when moving between distance learning modes was an expansion of the clarification that the directives only applied to the distance learning portion of hybrid learning mode or it if was a standalone directive. Board Member Voss stated that the proposed amendments by Board Member Barcarse and Board Member Cox cover two different situations and should each be a different directive. Board Member Barcarse’s amendment allows termination of agreements when moving between learning modes while Board Member Cox’s amendment addresses how the directives apply during hybrid learning mode.

Board Member Kenneth Uemura expressed his discomfort with the Board adopting directives because it is not the Board’s responsibility to do so. If the DOE is not acting in alignment with the Reopening Resolution, the Board should ask the DOE why it is not following the resolution and what it needs to do to address it. Board Member Uemura asked Deputy Superintendent Phyllis Unebasami to weigh in and talk about her concerns and recommendations.

Unebasami stated that she supports the amendments being proposed because allowing telework is a challenging decision that requires situational awareness of the needs of both students and employees. The DOE starts with establishing the conditions under which it is serving its students, and then it looks at how it is supporting employees to deliver those conditions. What the recommendation in the memorandum does not consider is how telework is going to provide quality instruction for students. She asked whether the recommendation takes into consideration students that receive special education services who do not do well with distance learning.

Board Chairperson Payne stated that she is always concerned about students, but her greatest concern was the inequity in the telework conversation between teachers and administrators. These directives will help to put guardrails in place so that teachers can feel that they are being treated fairly, no matter what complex area they are in.

Board Member Takeno asked that the DOE consider viewing these directives as applicable to all DOE employees, not just teachers. He expressed his belief that there are employees in other classifications that can telework and should be afforded the same opportunities.

Board Member Voss pointed out that there was a typographical error in Directive #3 where there was a reference to “the DOE,” but the reference should be to “administrators.”

Board Member Cox expressed her increased apprehension about the Board directing the DOE in this manner. She stated that she does not want principals and CASs to feel like the Board is telling them how to do their jobs and that the Superintendent is supposed to be providing this direction.

Board Member Kili Namau’u stated that the Board needs to take action because of all the chaos over the last couple of weeks. She applauded Board Chairperson Payne’s efforts to take action because too many schools have not been addressing this issue equitably. She expressed her belief that it is appropriate for the Board to take this action and all of the discussions she has heard strengthens this belief. Board Member Namau’u stated that the Board’s directives would not take away management duties from the DOE, but would strengthen and clarify them. She stated that having administrators issue the reasons for the decisions in writing is necessary because people have not been communicated to properly. These directives will make it possible for people to move forward.

Board Member Shanty Asher stated that for the past couple of meetings the Board has heard testimony from teachers about how telework was being denied and assurances from CASs that they allow for necessary flexibility. She expressed her belief that the Board’s directives do not take responsibility or authority away from the DOE. Instead, the Board’s directives provide the DOE with a systematic way of approaching telework. She commended Board Chairperson Payne for proposing a solution because the issue kept on coming to the Board.

Board Member Voss addressed Board Member Cox’s point about her apprehension by clarifying that if the Board adopted the amendments discussed, the Board would be directing factors for administrators to consider, but at the end of the day, administrators have the authority to make the decision to approve or disapprove telework for teachers.

Board Member Barcarse moved to amend the main motion to state (new language is underlined, and removed language is bracketed and stricken), “Moved to adopt the following directives regarding telework for teachers and direct the Superintendent to incorporate them into instructions provided to schools regarding telework for the 2020-2021 school year:
1. In accordance with lines 240-243 and 268-273 of the Reopening Resolution, the DOE should ensure there is a comprehensive and thoughtful system of support for teachers, particularly during distance or hybrid learning modes.

2. Administrators [will approve teachers that request telework during distance or hybrid learning modes if the following criteria is met] should consider the following factors when teachers request telework and will communicate in writing the reasons for approval or denial for telework:
a. The teacher has a location at home where the teacher can work or conduct instruction online with minimal disruptions during school hours.
b. The teacher has reliable internet connectivity that is adequate for the instruction being provided and to engage with their administrator and others.
c. The teacher provides a written commitment that their administrator will be able to: (1) monitor the teacher’s instruction and/or instructional material provided to students and (2) will be able to easily make contact with, communicate with, and get timely responses from the teacher.
d. The teacher and administrator mutually agree that the teacher has demonstrated the ability to provide effective instruction during distance learning and can do so in a sufficiently self-directed manner.
3. [The DOE] Administrators can subsequently terminate a telework agreement if any of the telework approval criteria are not met consistently during the term of the agreement or if the administrator determines that the teacher’s instruction or instructional material is not effective based on the administrator’s monitoring and that the teacher’s instruction or instructional material does not improve after the administrator provides guidance and training opportunities.
4. Telework during hybrid learning mode only applies to the distance learning portion of hybrid learning.
5. Administrators can also terminate telework agreements in order to move forward on documented plans for transitioning from distance to hybrid learning and from hybrid to in-person learning.

1. In accordance with lines 240-243 and 268-273 of the Reopening Resolution, the DOE should ensure there is a comprehensive and thoughtful system of support for teachers, particularly during distance or hybrid learning modes.
2. Administrators should consider the following factors when teachers request telework and will communicate in writing the reason for approval or denial for telework:
a. The teacher has a location at home where the teacher can work or conduct instruction online with minimal disruptions during school hours.
b. The teacher has reliable internet connectivity that is adequate for the instruction being provided and to engage with their administrator and others.
c. The teacher provides a written commitment that their administrator will be able to: (1) monitor the teacher’s instruction and/or instructional material provided to students and (2) will be able to easily make contact with, communicate with, and get timely responses from the teacher.
d. The teacher and administrator mutually agree that the teacher has demonstrated the ability to provide effective instruction during distance learning and can do so in a sufficiently self-directed manner.
3. Administrators can subsequently terminate a telework agreement if any of the telework approval criteria are not met consistently during the term of the agreement or if the administrator determines that the teacher’s instruction or instructional material is not effective based on the administrator’s monitoring and that the teacher’s instruction or instructional material does not improve after the administrator provides guidance and training opportunities.
4. Telework during hybrid learning mode only applies to the distance learning portion of hybrid learning.
5. Administrators can also terminate telework agreements in order to move forward on documented plans for transitioning from distance to hybrid learning and from hybrid to in-person learning.

C. Board Action on directives regarding Department of Education’s use of Department of Health’s Guidance for Schools COVID-19 (revised as of September 16, 2020), including applicability of Reopening Thresholds and Learning Model Parameters, criteria for transitioning between instructional delivery modes, decisions and notice of transitions, and suspension of transitions to hybrid and in-person learning

Board Chairperson Payne noted that the Board received a great deal of written testimony and that the testimony focused on the non-alignment between the DOH and CDC regarding the reopening of schools guidance, behavior, mask-wearing, cleaning supplies, sanitation, and toilets. Senator Brian Schatz also submitted a letter asking the Board to consider ventilation in classrooms. She stated that, in addition to metrics like the number of cases on each island, the Board needs to have a clear understanding of school readiness. For example, the situation with personal protective equipment (“PPE”), whether it is available to teachers, and especially whether differentiated PPE is available to teachers and educational assistants working with students with special needs where close contact and personal care is required.

Board Vice Chairperson Uemura moved to adopt the following positions as the Board’s directives to the DOE on the use of the DOH Guidance and direct the Superintendent to incorporate them into the Reopening Plan, Principal Handbook, and Health and Safety Handbook (as applicable) for the 2020-2021 school year:

1. The Learning Model Parameters in the DOH Guidance and impact levels from the Governor’s Recovery Plan are minimum thresholds (but not the only criteria) that allow schools to start considering transitioning from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning;
2. The Learning Model Parameters in the DOH Guidance and impact levels from the Governor’s Recovery Plan do not apply to decisions regarding transitions from in-person learning to hybrid or distance learning or from hybrid learning to distance learning;
3. Regardless of instructional delivery mode, all schools must:
a. Successfully implement and consistently enforce at least six feet of physical distance between all individuals on campus at all times;
b. Consistently enforce mandatory, proper mask wearing for all individuals on campus; and
c. Implement proper ventilation strategies as outlined in the DOH Guidance (page 10) for any indoor area on a campus that will be occupied by more than one person;
4. Principals must obtain approval from their respective CAS before transitioning their respective schools from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning;
5. Principals seeking approval to transition their respective schools from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning must demonstrate that the school can adequately implement all COVID-19 mitigation strategies required by the Board, DOE, and applicable collective bargaining agreements with the anticipated number of students and staff that will be on campus in the new instructional delivery mode;
6. Principals may transition their respective schools from in-person learning to hybrid or distance learning or from hybrid learning to distance learning by notifying their respective CAS and without approval;
7. Schools transitioning from one instructional delivery mode to another must provide families and school staff with at least one-week notice before implementing the transition unless the transition is in direct response to confirmed or potentially imminent COVID-19 spread in the school or surrounding community;
8. To reduce undue hardship on families and school staff, schools should not change instructional delivery modes more than once within a four-week period unless the change is in direct response to confirmed or potentially imminent COVID-19 spread in the school or surrounding community;
9. CASs are responsible for verifying the readiness of schools to provide safe learning environments and may approve schools’ requests to transition from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning only if the school:
a. Is requesting an instructional delivery mode that aligns with the Learning Model Parameters in the DOH Guidance;
b. Is located in a county with an impact level of “Act with Care,” “Recovery,” or “New Normal” as categorized by the Governor’s Recovery Plan;
c. Provides sufficient evidence that it can adequately implement all COVID-19 mitigation strategies required by the Board, DOE, and applicable collective bargaining agreements with the anticipated number of students and staff that will be on campus in the new instructional delivery mode; and
d. Has not changed its instructional delivery mode in the last four weeks;
10. The Superintendent must order schools to quickly transition to distance learning if the impact level of the county in which they are located changes to “Safer at Home” or “Stay at Home” as categorized by the Governor’s Recovery Plan;
11. The Superintendent may adopt or incorporate any other parts of the DOH Guidance into the Reopening Plan, Principal Handbook, or Health and Safety Handbook as deemed necessary, provided that doing so does not conflict with the Board’s directives stated herein;
12. No school may change its instructional delivery mode to hybrid or in-person learning until the Superintendent incorporates the Board’s directives stated herein into the Reopening Plan, Principal Handbook, or Health and Safety Handbook; and
13. The Superintendent must request a rationale from the DOH on how it determined its Learning Model Parameters, including any scientific data on which it is based and an explanation of how it aligns with CDC’s “Indicators for Dynamic School Decision-Making,” and the Superintendent must include this rationale in the Reopening Plan for the purposes of transparency and addressing public concerns.

1. The Learning Model Parameters in the DOH Guidance and impact levels from the Governor’s Recovery Plan are minimum thresholds (but not the only criteria) that allow schools to start considering transitioning from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning;
2. The Learning Model Parameters in the DOH Guidance and impact levels from the Governor’s Recovery Plan do not apply to decisions regarding transitions from in-person learning to hybrid or distance learning or from hybrid learning to distance learning;
3. Regardless of instructional delivery mode, all schools must:
a. Successfully implement and consistently enforce at least six feet of physical distance between all individuals on campus to the greatest extent possible, excepting special situations and accommodations for students that require close contact care;
b. Consistently enforce mandatory, proper mask wearing for all individuals on campus; and
c. Implement, to the greatest extent possible, proper ventilation strategies as outlined in the DOH Guidance (page 10) for any indoor area on a campus that will be occupied by more than one person;
4. Principals must obtain approval from their respective CAS before transitioning their respective schools from distance learning to hybrid or in-person learning, from hybrid learning to in-person or distance learning, or from in-person learning to hybrid or distance learning;
5. Principals seeking approval to transition their respective schools from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning must demonstrate that the school can adequately implement all COVID-19 mitigation strategies required by the Board, DOE, and applicable collective bargaining agreements with the anticipated number of students and staff that will be on campus in the new instructional delivery mode;
6. Schools transitioning from one instructional delivery mode to another must provide families and school staff with at least two-week notice before implementing the transition unless the transition is in direct response to confirmed or potentially imminent COVID-19 spread in the school or surrounding community;
7. To reduce undue hardship on families and school staff, schools should not change instructional delivery modes more than once within a four-week period unless the change is in direct response to confirmed or imminent COVID-19 spread in the school or surrounding community;
8. CASs are responsible for verifying the readiness of schools to provide safe learning environments and may approve schools’ requests to transition from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning only if the school:
a. Is requesting an instructional delivery mode that aligns with the Learning Model Parameters in the DOH Guidance;
b. Is located in a county with an impact level of “Act with Care,” “Recovery,” or “New Normal” as categorized by the Governor’s Recovery Plan;
c. Provides sufficient evidence that it can adequately implement all COVID-19 mitigation strategies required by the Board, DOE, and applicable collective bargaining agreements with the anticipated number of students and staff that will be on campus in the new instructional delivery mode; and
d. Has not changed its instructional delivery mode in the last four weeks;
9. The Superintendent must order schools to quickly transition to distance learning if the impact level of the county in which they are located changes to “Safer at Home” or “Stay at Home” as categorized by the Governor’s Recovery Plan;
10. The Superintendent may adopt or incorporate any other parts of the DOH Guidance into the Reopening Plan, Principal Handbook, or Health and Safety Handbook as deemed necessary, provided that doing so does not conflict with the Board’s directives stated herein; and
11. The Superintendent must request a rationale from the DOH on how it determined its Learning Model Parameters, including any scientific data on which it is based and an explanation of how it aligns with CDC’s “Indicators for Dynamic School Decision-Making,” and the Superintendent must include this rationale in the Reopening Plan for the purposes of transparency and addressing public concerns.

1. The Learning Model Parameters in the DOH Guidance and impact levels from the Governor’s Recovery Plan are minimum thresholds (but not the only criteria) that allow schools to start considering transitioning from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning;
2. The Learning Model Parameters in the DOH Guidance and impact levels from the Governor’s Recovery Plan do not apply to decisions regarding transitions from in-person learning to hybrid or distance learning or from hybrid learning to distance learning;
3. Regardless of instructional delivery mode, all schools must:
a. Successfully implement and consistently enforce at least six feet of physical distance between all individuals on campus to the greatest extent possible, excepting special situations and accommodations for students that require close contact care;
b. Consistently enforce mandatory, proper mask wearing for all individuals on campus; and
c. Implement, to the greatest extent possible, proper ventilation strategies as outlined in the DOH Guidance (page 10) for any indoor area on a campus that will be occupied by more than one person;
4. Principals must obtain approval from their respective CAS before transitioning their respective schools from distance learning to hybrid or in-person learning, from hybrid learning to in-person or distance learning, or from in-person learning to hybrid or distance learning;
5. Principals seeking approval to transition their respective schools from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning must demonstrate that the school can adequately implement all COVID-19 mitigation strategies required by the Board, DOE, and applicable collective bargaining agreements with the anticipated number of students and staff that will be on campus in the new instructional delivery mode;
6. Schools transitioning from one instructional delivery mode to another must provide families and school staff with at least two-week notice before implementing the transition unless the transition is in direct response to confirmed or potentially imminent COVID-19 spread in the school or surrounding community;
7. To reduce undue hardship on families and school staff, schools should not change instructional delivery modes more than once within a four-week period unless the change is in direct response to confirmed or imminent COVID-19 spread in the school or surrounding community;
8. CASs are responsible for verifying the readiness of schools to provide safe learning environments and may approve schools’ requests to transition from distance learning to hybrid or in-person learning or from hybrid learning to in-person learning only if the school:
a. Is requesting an instructional delivery mode that aligns with the Learning Model Parameters in the DOH Guidance;
b. Is located in a county with an impact level of “Act with Care,” “Recovery,” or “New Normal” as categorized by the Governor’s Recovery Plan;
c. Provides sufficient evidence that it can adequately implement all COVID-19 mitigation strategies required by the Board, DOE, and applicable collective bargaining agreements with the anticipated number of students and staff that will be on campus in the new instructional delivery mode; and
d. Has not changed its instructional delivery mode in the last four weeks;
9. The Superintendent must order schools to quickly transition to distance learning if the impact level of the county in which they are located changes to “Safer at Home” or “Stay at Home” as categorized by the Governor’s Recovery Plan;
10. The Superintendent may adopt or incorporate any other parts of the DOH Guidance into the Reopening Plan, Principal Handbook, or Health and Safety Handbook as deemed necessary, provided that doing so does not conflict with the Board’s directives stated herein; and
11. The Superintendent must request a rationale from the DOH on how it determined its Learning Model Parameters, including any scientific data on which it is based and an explanation of how it aligns with CDC’s “Indicators for Dynamic School Decision-Making,” and the Superintendent must include this rationale in the Reopening Plan for the purposes of transparency and addressing public concerns (Barcarse/Takeno).