STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Tuesday, December 20, 2016
1:30 p.m.


PRESENT:
Lance Mizumoto, Chairperson
Brian De Lima, Esq., Vice Chairperson
Patricia Bergin
Darrel Galera
Hubert Minn
Kenneth Uemura
Bruce Voss
Colonel Peter Santa Ana (military representative)
Andrea Lyn Mateo (student representative)

EXCUSED:
Grant Chun, Esq.
Margaret Cox

ALSO PRESENT:
Amy Kunz, Senior Assistant Superintendent and Chief Financial Officer, Office of Fiscal Services
Siobhan Ng, Acting Chief of Staff
Gary Suganuma, Esq., Deputy Attorney General, Department of the Attorney General
Alison Kunishige, Esq., Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Board Private Secretary
Irina Dana


I. Call to Order

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


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

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

Name
Organization
Agenda Item
Position
Catherine PayneState Public Charter School CommissionV.B. Board Action on 2016 Legislative Report: annual Board report on the State’s public charter schools in accordance with Hawaii Revised Statutes Section 302D-21Comment
Jill BaldemoreState Public Charter School CommissionV.B. Board Action on 2016 Legislative Report: annual Board report on the State’s public charter schools in accordance with Hawaii Revised Statutes Section 302D-21Comment
Sylvia HusseyNative Hawaiian Education CouncilV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processComment
Mitzie HigaHawaii State Teachers AssociationV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processComment
Kris CoffieldIMUAllianceV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processComment
Susan Rocco Special Education Advisory CouncilIV.A. Update on the Governor’s Every Student Succeeds Act (“ESSA”) Team’s draft of Hawaii Education BlueprintSupport/Comment

Catherine Payne, State Public Charter School Commission (“Commission”), testified on the Board’s 2016 legislative report and stated that it is missing highlighted charter school accomplishments. Payne also expressed concern over other items that are not mentioned, such as the activities that the Commission had undertaken to address school-specific measures.

Jill Baldemore, Commission, testified on the Board’s 2016 legislative report and described the process she was a part of regarding school-specific measures that charter schools are in the process of developing and highlighted a timeline that showcased the various stages of development.

Sylvia Hussey, Native Hawaiian Education Council, testified that her written testimony highlighted two concerns regarding the search for a Superintendent and shared three recommendations, including sequencing the stakeholder process, elongating the search timeline to one year, and having the Human Resources Committee conduct the search.

Mitzie Higa, Hawaii State Teachers Association, testified on behalf of Corey Rosenlee, President of the Hawaii State Teachers Association, and read his submitted written testimony, which emphasized desirable characteristics that he hopes the Board will take into consideration when searching for a new Superintendent, including extensive experience as a teacher and administrator.

Kris Coffield, IMUAlliance, testified about his concerns regarding the role of donors in the search process for a new Superintendent and urged for an extended timeline to set Superintendent qualifications so that more public feedback could be provided.

Susan Rocco, Special Education Advisory Council, testified that she supported the Governor’s Every Student Succeeds Act (“ESSA”) Team’s draft of Hawaii Education Blueprint (“Blueprint”) and highlighted specific elements that she found to be respectful of the special education community.

Written testimony was also received and provided to the Board members. The following is a listing of the people that submitted written testimony before testimony deadline arranged in the order received.

Name
Organization
Agenda Item
Position
David NegaardH.P. Baldwin High SchoolV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processSupport/Comment
Mireille EllsworthWaiakea High SchoolV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processSupport/Comment
Dr. Lisa M. Watkins-VictorinoNative Hawaiian Education CouncilV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processComment
Lisa MorrisonMaui Waena Intermediate SchoolV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processSupport/Comment
Debbie AndersonPublic V.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processSupport
Dr. Amy PerrusoPublicV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processSupport
Andrew JonesRadford High SchoolV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processSupport/Comment
Corey Rosenlee Hawaii State Teachers Association V.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processComment
Amanda SeymoreAliamanu Middle School V.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processComment
Kris CoffieldIMUAllianceV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processSupport/Comment
Gary K. KaiHawaii Business RoundtableV.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processComment
Ivalee SinclairSpecial Education Advisory IV.A. Update on the Governor’s Every Student Succeeds Act (“ESSA”) Team’s draft of Hawaii Education BlueprintSupport
Beatrice DeRegoKahuku High & Intermediate SchoolN/AComment
Justin HugheyKing Kamehameha III Elementary School V.A. Board Action on findings and recommendation of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search processComment


Board Vice Chairperson Brian De Lima moved to amend page 30 of the General Business Meeting minutes of December 6, 2016 to state, “that he will not advocate for reinserting the strategy of proficiency based advancement because existing Board policy prohibits social promotion and because the existing strategy for student achievement is to empower schools to do what is best to help struggling students at their school.”

ACTION: Motion to approve the General Business Meeting minutes of December 6, 2016 with amendment read into the record by Board Vice Chairperson Brian De Lima (De Lima/Voss). The motion carried unanimously with all members present voting aye.


Stephen Terstegge, ESSA Team Member, Chair of Castle High School’s Student Services Committee, and parent, shared three points on where the Governor’s ESSA Team is with the Hawaii Education Blueprint (“Blueprint”), where the team is going, and some of the effects that this is having. He stated that the Blueprint is currently open for public comment and that online feedback is being received from across the state. Terstegge said that the ESSA Team is working to refine the Blueprint but that it wants it to remain open to external voices in case strong themes emerge that may have been missed when conducting in-person canvassing. He noted, though, that the document could not be everything to everyone and that it must be true to its original mandate of school-level empowerment as the overarching theme in the three vision focus areas of Student Success, Educator Success, and Staff Success along with the accompanying design principles for each. Terstegge stated that the ESSA Team is attempting to set audacious goals while simultaneously not overreaching into mandates that would fall at the school level, and the team believes that what should be measured is what it truly cares about, which are outcomes—not outputs—of existing state systems. He said that ultimately, accountability is for state systems to empower the schools and not the other way around. Terstegge said that because this is an enduring document that will be guiding future decisions, the ESSA Team has decided not to rush to meet internal deadlines and that schools have what they need to operate in the short-term through the Board and Department of Education Joint Strategic Plan (“Joint Strategic Plan”). He stated that the team is looking forward to working on the State’s ESSA plan in order to address key issues, which will require additional public input and the Governor’s endorsement prior to its final submission. Terstegge noted upcoming focus and community meetings and highlighted cultural shifts that were already taking place, such as changing the Department’s academic and financial templates to allow for longer-term planning. Terstegge also noted that there has been a renewed energy in the preparations for the 3rd annual School Empowerment Conference and highlighted the growing shift toward a culture that values and rewards innovation. He discussed how the Governor will be incentivizing bottom-up innovation by schools by allocating $10 million per year over the next two years so that ideas could sprout up from anywhere in the state and spread to every part of the state to be cultivated in its own context. Terstegge summarized that the work is ongoing but that the momentum is encouraging.

Board Vice Chairperson De Lima shared that the Governor’s budget message was met with great optimism and that the need to increase funding for schools is well-made and supported. Board Vice Chairperson De Lima expressed concern over the Blueprint not being completed prior to funding decisions being made by the Legislature and stated that he did not want lack of a final draft of the Blueprint to be an excuse for not funding the Governor’s proposal. He noted that this is one of the reasons the Board encouraged the completion of the Blueprint prior to the start of the legislative session and said that delay will not be helpful in a legislative strategy to support the significant investment being suggested. Board Vice Chairperson De Lima stated that the drafts showed alignment and consistency and urged for shortened deadlines because legislative decisions will be quick and final.

Terstegge offered clarity on self-imposed timelines and stated that the ESSA Team was attempting to get the work done at the same time as the Joint Strategic Plan, but that it was still receiving significant input. He said that the team wants the Blueprint to be consistent and clear and will not delay past January.

Board Member Darrel Galera stated that instead of rushing through, it is important to note that this is a crucial time period where there will be a new U.S. Secretary of Education and more certainty on ESSA information is needed. Board Member Galera reiterated that the team’s commitment is to finish the document in January and to align it with the Joint Strategic Plan and the ESSA draft that goes to the federal government. He encouraged after finalizing to go out into the community and have more discussions.




Board Vice Chairperson De Lima stated that the Human Resources Committee is generally tasked with the responsibility of conducting a search for a Superintendent; however, due to the nature of the search for a new Superintendent, it is more prudent to have an investigative committee involved in the process. He noted that the Board as a group will adopt the job description and characteristics and that the final decision will be brought to the full Board for determination. He highlighted how this process provides transparency and said that there has not been a search of this nature for some time. Board Vice Chairperson De Lima gave credence to oral testimony and recommended other representative groups be included in the advisory group.

Board Vice Chairperson De Lima highlighted that there had been a lot of investment in community meetings and community input and a united vision of public education in the state. The Governor made an important policy statement by making a commitment to increase funding at the school level so that the focus could be on reducing the achievement gap and increasing success for all students. He noted that the Board had discussions and made a decision regarding conducting a search for a new Superintendent, and now the Board needs to move on with its responsibilities. Board Vice Chairperson De Lima stated that it is important to continue supporting current Superintendent Kathryn Matayoshi and that it is also important to go to the Legislature to lobby for her budget. He added that everything done at the school level can only be accomplished with resources that are provided by the Legislature, and everyone needs to work as a team to accomplish what needs to be accomplished so that students are supported.

Board Member Galera stated that search consultants have suggested that the proposed timeframe is sufficient in order to have a complete and fully transparent and inclusive process. Board Chairperson Mizumoto noted that the search process investigative committee (“Search Process Committee”) has been working with donors in the search firm process.

Board Member Bruce Voss agreed with Board Vice Chairperson De Lima’s sentiments and stated that efforts to personalize this matter needed to stop so that the focus can be on selecting the best Superintendent and receiving input from all stakeholders. He added that this decision was made by the Board in the best interests of children and was not made or influenced by anyone else.

Board Chairperson Mizumoto expressed disappointment over efforts to personalize the process and said that he would like to see that stop, as well. Board Chairperson Mizumoto stated that the Board unanimously voted to conduct this search and expressed appreciation for the Search Process Committee’s efforts and for putting together a well thought out process. He stated that there are no expectations or requests for courtesy resignations from Department leadership and noted that stability is important.

ACTION: Motion to: (1) adopt the findings and recommendations of Investigative Committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) investigating issues relating to a search for a Superintendent, including timeline, process, and composition of group conducting search process, as described in the Search Process Committee’s reported dated December 6, 2016; (2) appoint Board Chairperson Lance Mizumoto and Board Members Patricia Bergin and Kenneth Uemura to an investigative committee (a permitted interaction group pursuant to Hawaii Revised Statutes, Section 92-2.5(b)(1)) tasked with conducting the search for a Superintendent (“Search Committee”); and (3) delegate authority to the Search Committee to negotiate and enter into a contract with a search firm (Galera/De Lima). The motion carried unanimously with all members present voting aye.

Board Vice Chairperson De Lima read Payne’s testimony and proposed to attach her testimony to the Board’s legislative report as an exhibit and delete the words “well-founded” on page 3 in the last paragraph. He asked for more clarity on Payne’s other requests in her testimony.

Payne described comments in the Board’s legislative report that imply wrongdoing in regards to federal funds passed through the Commission to charter schools and expressed concern over consequences for charter schools and all schools across the state that the inclusion of these comments could result in. She stated that the statement “perceived lack of transparency” in paragraph 3, page 4 of the report could have ramifications if referenced without factual information. She highlighted that the Commission has recommended a third-party complete an analysis of how funds are being transmitted and noted that it is important the public is assured that the Commission is in compliance with the law.

Board Vice Chairperson De Lima suggested amending the last sentence in paragraph 3, page 4 to state, “However, the Commission reports that it will be a priority for 2016-2017.”

Board Chairperson Mizumoto expressed concern over attaching the testimony because it would not provide proper context, and Board Member Hubert Minn recommended that the Commission have a meeting to produce a formal response. Board Vice Chairperson De Lima suggested attaching Payne’s testimony because it includes positive points. Board Chairperson Mizumoto once again expressed concern that if the Commission has not addressed all of the issues; the full scope of concerns are not being included.

Board Chairperson Mizumoto asked when a formal response could be provided, and Payne stated that a response from the Commission as a whole could be provided for following the Board’s General Business Meeting.

ACTION: Motion to defer to adopt the annual Board report on the State’s public charter schools in accordance with Hawaii Revised Statutes Section 302D-21 until the General Business Meeting of January 10, 2016 (De Lima/Minn). The motion carried unanimously with all members present voting aye.


VI. Executive Session

ACTION: Motion to move into executive session to consult with the Board’s attorney and deliberate on matters concerning the authority of persons designated by the Board to conduct labor negotiations for agenda item VI.A., Update on Hawaii State Teachers Association contract, the Hawaii Government Employee Association contracts, and related Hawaii State Labor Board matters (De Lima/Galera). The motion carried unanimously with all members present voting aye.

The meeting recessed at 2:30 p.m. and reconvened at 2:42 p.m.

Board Chairperson Mizumoto asked if there was any further public testimony. No further testimony was submitted.


VII. Adjournment

Board Chairperson Mizumoto adjourned the meeting at 2:43 p.m.