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| Board of Education Committee Meetings |
APPROVED
STATE OF HAWAII
BOARD OF EDUCATION
COMMITTEE ON SPECIAL PROGRAMS
(Special Education; Special Services; Hawaiian Language Immersion;
Early Childhood Education; Adult Education; Student Discipline)
Monday, April 14, 2008
Minutes
Attendance
Board of Education
Denise Matsumoto, Chairperson
Jonathan Allen, Vice-Chairperson
Dr. Eileen Clarke
Mary Cochran, Esq.
Margaret Cox
Breene Harimoto
Donna Ikeda
Kim Coco Iwamoto, Esq.
John Penebacker
Garrett Toguchi
Herbert Watanabe
Darren Ibara, Student Helper
Camille Masutomi, Curriculum Specialist
Department of Education
Patricia Hamamoto, Superintendent of Education
Clayton Fujie, Deputy Superintendent of Education
Daniel Hamada, Assistant Superintendent, OCISS
Paul Ban, Director, Student Support Services Branch
Annie Beasley, Autism District Education Specialist, WDO
Lynette Darby, District Educational Specialist, Student Support Services
Sandra Goya, Acting Director, Communications Office
Marilyn Jakeway, Resource Teacher Autism, Special Education Section
Susan Kitsu, Director, Civil Rights Compliance Office
Steven Shiraki, Educational Specialist III, Student Support Section
Tara Sinclair, Teacher, Mililani Middle School
Lois Toyama, Resource Teacher, Student Support Section
Linda Unten, Educational Administrative Services Director, OCISS
Arlyne Yonemoto, Complex Area Superintendent, Kailua/Kalaheo
Annette Young-Ogata, Educational Specialist II, SCLB
Others
Shannon Garan, Hawaii State Teachers Association
I. CALL TO ORDER
The meeting of the Committee on Special Programs (Committee) was called to order by Chairperson Denise Matsumoto at 3:00 p.m. in the Board Room, Queen Liliuokalani Building.
II. APPROVAL OF MINUTES
Mr. Watanabe moved, and Mr. Harimoto seconded, that the Committee approve the minutes of the meeting held on March 25, 2008.
The motion carried unanimously with Dr. Clarke, Ms. Cochran, Mr. Harimoto, Ms. Iwamoto, Ms. Matsumoto, Mr. Penebacker, Mr. Toguchi, and Mr. Watanabe voting aye. There were no nays and no abstentions.
III. DISCUSSION/RECOMMENDATION FOR BOARD ACTION ON THE APPOINTMENT OF HARRILYN L.C.N. WONG TO THE HAWAII STATE ADULT AND COMMUNITY EDUCATION ADVISORY COUNCIL
Mr. Daniel Hamada, Assistant Superintendent, Office of Curriculum, Instruction, and Student Support explained Superintendent Patricia Hamamoto’s recommendation memo titled, “Hawaii State Adult and Community Education Advisory Council” (Attachment A).
Mr. Watanabe moved, and Ms. Iwamoto seconded, that the Committee recommend the approval of Ms. Harrilyn L.C.N. Wong to the Hawaii State Adult and Community Education Advisory Council to the full Board for approval.
In response to Mr. Penebacker’s question on the appointment, Mr. Hamada explained that there was a vacancy. Ms. Annette Young-Ogata, Educational Specialist II, School Community Leadership Branch (SCLB) stated that a former council member was unable to continue serving on the Hawaii State Adult and Community Education Advisory Council.
The motion carried unanimously with Dr. Clarke, Ms. Cochran, Mr. Harimoto, Ms. Iwamoto, Ms. Matsumoto, Mr. Penebacker, Mr. Toguchi, and Mr. Watanabe voting aye. There were no nays and no abstentions.
IV. DISCUSSION/PRESENTATION ON BOARD POLICY 4211, “ANTI-HARASSMENT, ANTI-BULLYING, AND ANTI-DISCRIMINATION AGAINST STUDENT(S) BY EMPLOYEES” IMPLEMENTATION PLAN
Ms. Susan Kitsu, Director, Civil Rights Compliance Office (CRCO) presented the implementation plan for Board Policy 4211, “Anti-Harassment, Anti-Bullying, and Anti-Discrimination against Student(s) by Employees Policy” (Attachment B), Standard Practice 0211, “Board of Education Policy - Anti-Harassment, Anti-Bullying, and Anti-Discrimination against Student(s) by Employees Policy” (Attachment C), and Anti-Harassment, Anti-Bullying, and Anti-Discrimination against Student(s) by Employees Policy Complaint Form (Attachment D).
Ms. Cochran asked about Chapter 41, Hawaii Administrative Rules (HAR), Civil Rights Policy and Complaint Procedure (Chapter 41) (Attachment E). Ms. Iwamoto stated that Chapter 41 and Board Policy 4211 (Attachment F) can co-exist without conflict.
In response to Mr. Watanabe’s question regarding the 99% and 95% target goals, Ms. Kitsu explained that even though training is required, employees may be sick, on maternity leave, or on personal leave. Ms. Kitsu stated that employees are encouraged to make-up training, but the Department of Education (Department) may miss a few employees in their face-to-face training. She also stated that training information is passed on to those who were absent.
In response to Ms. Iwamoto’s question regarding student and parent training, Ms. Kitsu explained that the Department trains administrators to become trainers. She stated that the trainers will in-service students and parents.
Ms. Iwamoto asked about staff members who observe other staff members harassing, bullying, or discriminating students. Ms. Kitsu stated that staff members are allowed to report incidences and this information is part of the training session. Ms. Iwamoto suggested that the language include, “students or staff who observe.” Ms. Kitsu stated that the suggested language will be included in the brochure.
Ms. Cochran asked about the accused employee’s right to know who is filing a complaint. Ms. Kitsu explained that the Department has addressed this concern with the unions. She also explained that if the complainant is an adult, their name can be divulged immediately. Ms. Kitsu also explained that if the complainant is a student, their name cannot be divulged without parent consent because of the Family Educational Rights and Privacy Act (FERPA).
In response to Ms. Cochran’s question if the Anti-Harassment, Anti-Bullying, and Anti-Discrimination against Student(s) by Employees Policy Complaint Form (Attachment D) is subject to discovery, Ms. Kitsu stated that it is.
Ms. Cochran asked about the Consult and Confer response. Ms. Kitsu explained that the Hawaii State Teacher Association (HSTA) raised concerns covered in Board Policy 1110-7, “Safe Workplace Policy.”
Ms. Cochran expressed her concern that grievances will be filed based on the Standard Practice (SP) shared.
In response to Mr. Penebacker’s question regarding consequences of an employee not reporting an offense, Ms. Kitsu explained that an administrator can open a “misconduct” investigation that leads to employee consequences.
Mr. Penebacker requested that the Committee ask the appropriate authority clarification on whether there should be consequences if an employee fails to report an offense to Board Policy 4211.
In response to Dr. Clarke’s question regarding brochures, Ms. Kitsu stated that the brochures will be shared with the Committee. Ms. Kitsu explained that the brochure is similar to Board Policy 1110-11, “Department of Education Applicant and Employee Non-Discrimination Policy” brochures that are available on the CRCO website.
Ms. Iwamoto stated that an employee speaking to another employee about their actions may have a stronger impact than just filing a complaint. She also stated that if the action was repeated, she would file a complaint citing both instances. She expressed concern about how the procedure is worded. She also explained that an administrator should respond differently because they are in a supervisory position.
In response to Dr. Clarke’s question regarding employees harassing employees, Ms. Kitsu explained that is covered under Board Policy 1110-11.
Ms. Ikeda walked into the Committee meeting at 3:32 p.m.
In response to Ms. Cochran’s question regarding grievances filed on Board Policy 4211, Ms. Kitsu stated there are none.
Ms. Iwamoto stated that the Board can participate in amending Chapter 41 instead of repealing Chapter 41.
Ms. Cochran expressed concern about repealing Chapter 41.
Ms. Iwamoto requested that the Department do an analysis of what is and is not included in Chapter 41 and Board Policy 4211.
Ms. Cox walked into the Committee meeting at 3:34 p.m. Ms. Matsumoto explained that Ms. Cox was at the Hawaii Teacher Standards Board (HTSB) meeting.
V. DISCUSSION/PRESENTATION ON THE DEPARTMENT OF EDUCATION AUTISM PILOT IN THE CENTRAL AND WINDWARD DISTRICTS
Dr. Paul Ban, Director, Student Support Services Branch (SSSB), introduced Ms. Annie Beasley, Autism District Education Specialist (DES), Windward Oahu District Office (WDO), Dr. Lynette Darby, District Educational Specialist, Student Support Services (SSS), and Ms. Marilyn Jakeway, Resource Teacher Autism, Special Education Section (SES).
Dr. Ban, Ms. Beasley, and Dr. Darby explained Discussion/Presentation on the Department of Education Autism Pilot in the Central and Windward Districts (Attachment G).
In response to Ms. Iwamoto’s question regarding rates of inclusion, Ms. Beasley explained that the Department is establishing data points. She stated that least restrictive environments (LRE) and least restrictive interventions (LRI) data will be collected.
Ms. Iwamoto asked about other measurements used. Ms. Beasley stated that progress on the Individualized Education Program (IEP); progress on Hawaii Content and Performance Standards (HCPS) III; Hawaii State Assessment (HAS) or Hawaii State Alternate Assessment (HSAA); formative assessments; behavior data; and satisfaction surveys for students, parents, and teachers.
In response to Ms. Cochran’s question regarding other districts, Dr. Ban explained that other districts with the exception of Honolulu District, have all submitted a proposal for similar programs. He further explained that Honolulu District recently lost their DES.
Ms. Cochran asked about the staff’s expertise. Dr. Ban stated that the staff will have the expertise and that the staff will collaborate with other DES across the state. Dr. Ban reported that Ms. Jakeway is competing for a training project sponsored by the United States Department of Education (USDOE) Office of Special Education Programs (OSEP).
Ms. Matsumoto stated that both versions of the budget have monies for privately contracted autism services. She also stated the pilot was developed to see if the Department could provide autism services with Department personnel.
In response to Dr. Clarke’s question regarding the Behavior Specialist, Ms. Beasley explained that there are Behavioral Health Specialists provided by School-Based Behavioral Health (SBBH). She stated that the Behavior Specialist in the pilot program will specifically assist students with autism.
Dr. Clarke asked about the benefits. Ms. Beasley stated that the feedback has been positive.
In response to Dr. Clarke’s question regarding qualified specialists, Ms. Beasley stated it continues to be a challenge to find qualified personnel.
Mr. Toguchi asked about the balance between contracted services and Department personnel. Ms. Beasley explained that there will always be a need for contracted services in the Windward District. She further explained that need is determined on a case-by-case basis.
Mr. Toguchi asked how the Department will know that they have met their goal. Dr. Ban stated the Department tries to match the student needs with Department capacity.
In response to Mr. Toguchi’s question regarding parents, community, and providers, Dr. Ban explained that the Department is working with contractors on areas that are hard-to-staff. Ms. Beasley stated that there are cases where an Autism Consulting Teacher (ACT) works with a contract provider.
In response to Mr. Watanabe’s question regarding expansion, Ms. Beasley explained that within three years, the Department would like the pilot programs to be fully staffed.
Ms. Ikeda left and returned to the Committee meeting at 4:02 p.m.
Ms. Cochran asked when the Department will evaluate the pilot program. Ms. Beasley stated that Windward District will provide data at the end of fourth quarter.
Ms. Ikeda left at 4:03 p.m. and returned to the meeting at 4:06 p.m.
In response to Ms. Cox’s question regarding who provides services, Dr. Ban explained that the Department tries not to disrupt contracted services.
Ms. Cox stated that Kauai’s Mokihana Project, which is similar in set up, also worked well. She expressed appreciation for the pilot programs.
Ms. Cochran left at 4:03 p.m. and returned to the meeting at 4:06 p.m.
In response to Mr. Penebacker’s question regarding funding, Dr. Ban explained that the pilot programs are funded by Education; Budget Program Structure Designation for the Department of Education (EDN) Autism Services. Dr. Ban further explained that the savings from contracted services provides for personnel salary and professional development for pilot programs.
Mr. Penebacker stated that the Department will have fewer funds in the future. He expressed concern that the pilot program may be negatively impacted. Dr. Ban stated that the Individuals with Disabilities Education Act (IDEA) funds may be used to keep the pilot programs. Dr. Ban explained that the pilot was designed to use the EDN Autism Services funds to become self-sustaining.
Mr. Penebacker requested financial implications in the Department’s evaluation of the pilot programs.
In response to Mr. Penebacker’s question regarding military students, Dr. Darby stated that 25% to 30% of the targeted group is military students. Dr. Darby explained that Hawaii is an Over Seas Site and services the special needs students that go to Tripler Hospital. She also explained that the Germany site has been closed.
In response to Ms. Ikeda’s question regarding data, Dr. Darby explained that the data shows strengths and weaknesses with the district and which schools are considered model sites. She further explained that the data reflects the IEP’s mandated services.
Ms. Ikeda asked if the data is updated and follows the student. Dr. Darby stated that data is updated quarterly. She explained that the data is also used to notify the next school about upcoming IEP service needs, which allows schools to prepare for incoming students.
In response to Ms. Ikeda’s question if this model is used in other districts, Dr. Ban stated that Central District will be sharing their knowledge with other districts.
Ms. Ikeda suggested that a centralized data base would be extremely helpful. Dr. Ban explained that the Electronic Comprehensive Student Support System (eCSSS) is the centralized data system. He further explained that the customization and enhancements made in Central District will be used to refine eCSSS.
In response to Dr. Clarke’s question about how services are provided, Dr. Darby explained that the team has been trained in evidence-based practices and the Department’s Standard Practices. Dr. Darby reported that the team is aware of the school’s goal and intent. She explained that when a referral is made, the team will look for the best fit of services with students.
Dr. Clarke asked if this pilot is only for autism. Dr. Darby explained that the specific need of autism requires this specialized program that provides early intervention.
In response to Dr. Clarke’s question regarding mainstreaming, Dr. Darby stated that the goal is to have students move into general education. She explained that students with autism also participate in vocational programs in the community.
Dr. Clarke asked if training is provided for regular education teachers. Dr. Darby explained that the training is targeting more regular education teachers. She stated that the training provided assists the regular education teacher with teaching all students.
In response to Mr. Toguchi’s question regarding team services, Dr. Darby explained that the team provides consultants and direct services.
Mr. Toguchi asked about model classrooms. Dr. Darby explained that a model classroom has a structured classroom environment with an ACT; the classroom is monitored weekly; and professional development (PD) is provided to the teachers. She further explained that the Department tries to have a model classroom in each school to provide a continuum of services.
In response to Mr. Toguchi’s question regarding crisis intervention, Dr. Darby explained that a student may have a violent outburst. She further explained that the team will assist the teacher and provide support to prevent another outburst or alleviate problem situations.
Ms. Cox asked about the program’s financial standing. Dr. Darby reported that in School Year (SY) 2004-2005, the program had a $2 million deficit; SY 2005-2006 and SY 2006-2007, the program had a $1 million deficit; SY 2007-2008, the program is projected to not be in deficit by $2 million.
Ms. Matsumoto requested that the Department notify the Committee when the other districts are ready to present their autism programs.
Ms. Erin Nakama gave verbal and written testimony (Attachment H).
Ms. Tara Sinclair, Mililani Middle School Teacher, gave verbal and written testimony (Attachment I).
Ms. Suleika Adams submitted written testimony (Attachment J).
VI. DISCUSSION/UPDATE ON CHAPTER 53, HAWAII ADMINISTRATIVE RULES, PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR STUDENTS WITH A DISABILITY UNDER SECTION 504, SUBPART D
Dr. Ban explained Chapter 53, H.A.R. Provision of a free appropriate public education for students with a disability under Section 504, Subpart D (Attachment K).
Mr. Watanabe left the Committee meeting at 4:41 p.m.
Ms. Iwamoto asked if the Board can set Board policy instead of having administrative guidelines regarding Chapter 53. Ms. Matsumoto explained that §302A-436, Hawaii Revised Statute (HRS), requires administrative rules for exceptional children.
In response to Ms. Cochran’s question regarding the differences between Section 504 students and IDEA students, Dr. Ban explained that IDEA requires that there is evidence of impairment that interferes with learning and that specialized instruction is required. Dr. Ban further explained that Section 504 encompasses IDEA students.
Ms. Cochran asked if there were disputes regarding placement of a student with Section 504 services instead of IDEA services. Dr. Shiraki stated not a large number of disputes were reported.
In response to Mr. Penebacker’s question regarding record of impairment, Dr. Shiraki stated the record could be a medical record or a document of impairment.
Mr. Penebacker asked about “…who is regarded as having an impairment” definition. Dr. Shiraki explained this definition is for a student who had a disability in the past such as severe visual impairment and no longer exhibits that disability because of corrective surgery or glasses. Dr. Shiraki further explained that because there is a record of the impairment, if the student meets the Section 504 criteria, the student qualifies for Section 504 services.
In response to Mr. Penebacker’s question regarding challenges, Dr. Shiraki explained that in the educational setting “a student who has a physical or mental impairment which substantially limits a major life activity” definition accounts for 99% of the Section 504 population.
Mr. Toguchi asked about psychological needs. Dr. Shiraki explained physical impairments, such as a student with severe asthma that does not have the capability to walk or access a large school campus, are the majority of the Section 504 population. He further explained that Section 504 allows for a temporary disability such as a broken leg.
In response to Ms. Cochran’s question regarding the impact of the shortage of special education (SPED) teachers on the Section 504 population, Dr. Shiraki stated that over the past five years, the Department has seen a decrease in Section 504 students. He stated that PD on Section 504 has helped with the appropriate placement of students.
In response to Ms. Ikeda’s question regarding a major life activity, Dr. Shiraki stated that major life activity are functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Dr. Shiraki explained that Section 504 includes students and adults. Dr. Ban also explained that the Americans with Disability Act (ADA) piggyback with Section 504.
Ms. Matsumoto directed the Department to draft administrative rules that cite the Code of Federal Regulations (CFR) and be prepared to present at the June Committee meeting. She also directed the Department to draft administrative rule language similar to Arizona.
VII. ADJOURNMENT
The meeting adjourned at 5:02 p.m.
April 14, 2008
ATTACHMENTS
Attachment A Recommendation Memo Titled, “Hawaii State Adult and Community Education Advisory Council”
Attachment B Implementation Plan for Board Policy 4211, “Anti-Harassment, Anti-Bullying, and Anti-Discrimination against Student(s) by Employees Policy”
Attachment C Standard Practice 0211, “Board of Education Policy - Anti-Harassment, Anti-Bullying, and Anti-Discrimination against Student(s) by Employees Policy”
Attachment D Anti-Harassment, Anti-Bullying, and Anti-Discrimination against Student(s) by Employees Policy Complaint Form
Attachment E Chapter 41, HAR, Civil Rights Policy and Complaint Procedure
Attachment F Board Policy 4211, “Anti-Harassment, Anti-Bullying, and Anti-Discrimination against Student(s) by Employees Policy”
Attachment G Discussion/Presentation on the Department of Education Autism Pilot in the Central and Windward Districts
Attachment H Ms. Erin Nakama’s written testimony dated April 10, 2008
Attachment I Ms. Tara Sinclair’s written testimony dated April 10, 2008
Attachment J Ms. Suleika’s written testimony dated April 14, 2008
Attachment K Chapter 53, H.A.R. Provision of a free appropriate public education for students with a disability under Section 504, Subpart D