FINAL

STATE OF HAWAII
BOARD OF EDUCATION
GENERAL BUSINESS MEETING

MINUTES

Queen Liliuokalani Building
1390 Miller Street, Room 404
Honolulu, Hawaii 96813
Tuesday, June 7, 2016
1:30 p.m.


PRESENT:
Lance Mizumoto, Chairperson
Brian De Lima, Esq., Vice Chairperson
Amy Asselbaye
Grant Chun, Esq.
Margaret Cox
Patricia Halagao
Donald Horner
Hubert Minn
Jim Williams
Brennan Lee, Student Representative

EXCUSED:
Colonel Peter Santa Ana

ALSO PRESENT:
Stephen Schatz, Deputy Superintendent
Gary Suganuma, Deputy Attorney General, Department of the Attorney General
Siobhan Ng, Chief of Staff to the Superintendent
Aloha Dayton, Personnel Specialist, Office of Human Resources
Sean Bacon, Personnel Specialist, Office of Human Resources
Alison Kunishige, Board Executive Director
Kenyon Tam, Board Analyst
Summer Jenkins

I. Call to Order

The Board of Education (“Board”) General Business Meeting was called to order by Board Chairperson Lance Mizumoto at 1:42 p.m.
II. Public Testimony on Board of Education (“Board”) Agenda Items

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

Name
Organization
Agenda Item
Position
Marcia LinvilleCommunity MemberVII E. Board Action on Student Achievement Committee recommendations concerning Policy 103.8 Prophylactics in Public SchoolsOppose
Catherine PaynePublic Charter School CommissionVII B. Board Action on Student Achievement Committee recommendations concerning school requests for waivers for Board Policy 104.1

VII. H. Board Action on request to Governor to veto House Bill 2205, House Draft 1, Senate Draft 2, Conference Draft 1 (Relating to Charter Schools) of the 2016 Legislative Session
Comment
Michael GolojuchLGBT CaucusVII E. Board Action on Student Achievement Committee recommendations concerning Policy 103.8 Prophylactics in Public SchoolsComment

Written Testimony was received and provided to the Board Members. The following is a listing of people that submitted written testimony before the testimony deadline.

Name
Organization
Agenda Item
Position
Steve HirakamiHawaii Academy of Arts & Science VII. H. Board Action on request to Governor to veto House Bill 2205, House Draft 1, Senate Draft 2, Conference Draft 1 (Relating to Charter Schools) of the 2016 Legislative SessionSupport
Catherine PaynePublic Charter School Commission VII. H. Board Action on request to Governor to veto House Bill 2205, House Draft 1, Senate Draft 2, Conference Draft 1 (Relating to Charter Schools) of the 2016 Legislative SessionOppose
John ThatcherConnections Public Charter SchoolVII. H. Board Action on request to Governor to veto House Bill 2205, House Draft 1, Senate Draft 2, Conference Draft 1 (Relating to Charter Schools) of the 2016 Legislative SessionSupport
Senator Michelle KidaniHawaii State LegislatureVII. H. Board Action on request to Governor to veto House Bill 2205, House Draft 1, Senate Draft 2, Conference Draft 1 (Relating to Charter Schools) of the 2016 Legislative SessionComment

Marcia Linville, Public Member, testified for Ann Shaver, President, League of Women Voters, in regards to Board Policy 103.8. Linville stated that Hawaii’s youth had one of the lowest rates of condom use in the nation with less than half of them reporting using condoms. Linville stated that schools banning condoms did not help the situation, and shared supportive data. Linville stated that the Board needs to ensure the safety of Hawaii’s teens.

Catherine Payne stood by her written testimony concerning the request that the Governor veto House Bill 2205 and requested the Board defer action on the Student Achievement Committee recommendations concerning charter school requests for waivers from Board Policy 104.1, Graduation and Related due to new information that one of the schools provided to the committee.

Michael Golojuch, Democratic Party of Hawaii, LGBT Caucus, testified regarding the transgender guidelines presented to the Student Achievement Committee earlier in the day, and stated that he did not agree with the idea of the Department outing transgender students to their parents. Golojuch stated that the LGBT Caucus would be opposed to changes to the language in the guidelines and supports the language and implementation presented by the Department. Golojuch also stated that the ban on condoms in public schools puts students at risk.

Board Member Donald Horner stated that he was confused with the policies and asked Golojuch if his preference would be not to inform parents of their child’s decision. Golojuch confirmed this and stated that the Department should not make the decision to inform the child’s parents for the child and that professionals should be on campus for support, if needed.

Board Member Jim Williams clarified that transgender guidelines were discussed, not policies. Board Member Williams stated that the transgender guidelines did not require action by the Board and no decisions were made in the Student Achievement Committee meeting.

Student Representative Brennan Lee stated that the Hawaii State Student Council had discussed the topic of transgender students regarding parent involvement and the language is intentionally loose. Lee stated it should depend on what the child is comfortable with and the Department had created a good draft of the guidelines as a starting point for discussions.


III. Approval of Minutes

ACTION: Motion to approve the General Business Meeting minutes of May 17, 2016 (De Lima/Horner). The motion carried unanimously with all members present voting aye.


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

Student Achievement Committee Chairperson Patricia Halagao reported that the Committee received updates on the Next Generation Science Standards and Multilingual implementation plans, as well as a presentation on the transgender guidelines. The Committee expressed general support for the guidelines and had the opportunity to provide the Department with constructive feedback. Committee Chairperson Halagao stated that the committee took action on charter school requests for waivers, a new numbering system for Board policies, and ends policies, which would be taken up by the Board later on the agenda.

Stephen Schatz, Deputy Superintendent, reported that the Superintendent was currently in New York to greet the Hokuleʻa. Schatz provided highlights from the June 2016 Education Update newsletter, including policy changes for teacher evaluations and free meals served at 68 schools. He also noted two upcoming major events: the Every Student Succeeds Task Force Summit on July 9, 2016 and the Educational Leadership Institute on July 15, 2016.

Student Representative Lee stated that he was very proud of the opportunity to serve on the Board and was grateful that a very impressive student was going to take his place. Student Representative Lee stated that on May 27, 2016 Andrea Lyn Mateo was chosen by a board that included himself, Board Chairperson Mizumoto, and Tiffany Frias, Educational Specialist. There were six qualified candidates; each had 30 minutes to present themselves to the board. Student Representative Lee stated he had no doubt that Mateo would be an amazing student representative.

Mateo was given the opportunity to address the Board. Mateo thanked the Board for inviting her to the meeting and stated that she would be an upcoming senior at Waipahu High School. Mateo stated that she took the position to give back to the educational system that had given so much to her. She wanted the opportunity to help Hawaii’s students and was excited to take on the challenge of filling Student Representative Lee’s position. Mateo stated that she would be attending the Leadership Enterprise for a Diverse America program at Princeton University for seven weeks and would return for the August 16, 2016 Board meeting.

Board Chairperson Mizumoto welcomed Mateo and thanked Student Representative Lee for his public service. Board Chairperson Mizumoto stated that Student Representative Lee had done a great job, congratulated him on graduating from Mililani High School, and wished him luck in his future endeavors.


V. Discussion Items

Schatz introduced Chad Farias, Kaʻu-Keaʻau-Pahoa Complex Area Superintendent, and Dean Cevallos, Keaʻau High School Principal and stated that they are innovative and collaborative leaders in their community.

Farias thanked the Board for the opportunity to share, and stated that it was hard to choose just one bright spot to discuss. Farias stated that the concept of kakou is not about schools competing against each other, but about coming together to do good work. Farias stated that kakou is the Hawaiian value of inclusiveness, which means “all of us” and is unifying when applied to learning, speaking, and practicing “the language of we.” Farias stated that kakou is paired with the value of lokahi to promote seeking additional solutions and alternatives. Farias shared pictures of collaborative actives such as preparing food, exploring the life of King Kamehameha, and personal reflection time with focus groups.

Cevallos introduced three students from Keaʻau High School to present on a space shuttle project they had worked on.

Board Member Halagao left the room at 2:13 p.m.

Kumalani Kekipi, Daylin Perreira, and Eve Paguirigan, Keaʻau High School Seniors, collaboratively presented on their project to the Board. They started with the history of the Challenger space shuttle, which exploded on January 28, 1986 due to an o-ring failure that led to engine malfunctions. Seven crew members lost their lives, including Hawaii-born Ellison Onizuka. Students from Keaʻau High School decided to work together to restore a replica of the Challenger space shuttle. The students described the poor condition of the replica when they received it and detailed the issues and challenges they found during the restoration process. The frame was rusted, external damage was in need of repair, and the cockpit needed a new dashboard, seating, and flooring. The replica was also in need of electronics and lighting. The students had five months to rebuild the replica (a project that would typically take 2 years) and were given a very limited budget of $500 to work with. The community came together to support the students with sponsors and donors that assisted with additional funding and technical support. The seniors shared that they were amazed at what students were able to do, that they were honored to be a part of the project, and learned to work collaboratively and overcome challenges during the process. Keaʻau High School held a 30 year commemoration for the shuttle and renamed the finished replica Kahoʻomakahou, which means “The New Beginning.” The students were moved by the experience and connections made, and stated that the project is a new beginning for their school.

Board Member Hubert Minn asked the students if there were any issues with conflicts between the different groups working on the project. Kekipi replied that the students split up into groups and did not have any problems coordinating their work.

Board Member Williams asked where the shuttle is located. Perreira stated that the shuttle remains in the campus auto shop, but that they are looking for a more permanent location where the shuttle could be publicly displayed.

Principal Cevallos explained that more information regarding the shuttle could be found on the school’s website.

The students shared their post graduation plans. Kekipi and Perreira are planning on attending the Universal Technical Institute and Paguirigan planned to attend the University of Hawaii at Manoa.

Board Member Halagao reentered at 2:20 p.m.

Farias showed additional slides briefly presenting other bright spots in the complex areas such as the Keaʻau Elementary Robotics Inspire Program, the Kaʻu High and Pahala Elementary Health Occupation Students of America, and Pahoa High and Intermediate Future Farmers of America.

Board Member Williams mentioned that the complex area’s transiency rate is high and asked why. Farias replied that residents transfer between schools depending on factors like the economy and natural disasters, for example, the lava flow. Farias stated that the complex area worked hard to use school synergy to help students transitioning between schools. Principal Cevallos stated that the complex area is the poorest area in the state and has the highest rate for foster placement. In the past three years, the average had been 32% due to the economics of the community.

Farias stated that the complex area wants to be known for moving forward and improving.

Karen Tan, Vice President of Programs, Child & Family Service shared how Child & Family Service is making a difference in the community. Tan stated that the Hale O Ulu Program is an alternative for students suspended from school. The program has been in place for 36 years and was originally intended for individuals challenged in the conventional school environment, over time, however, the program evolved to focus on offering services to suspended students.

The Hale O Ulu Program has a trauma informed school model to help students who have experienced personal trauma such as homelessness, abuse, or domestic violence. Tan described different ways that the program reaches out to the students: having staff take the time to listen to students to understand the underlying facts driving their behaviors; allowing students to select the skills they would like to learn using emotional states boards to help students identify and communicate their feelings; and giving students the opportunity to earn money to spend at the Hale O Ulu store. The staff has been trained to deescalate situations and analyze student behavior. The goal is to move students back to their home school as soon as possible. Tan stated that the program has a good success rate in returning students back to their home school and found that the majority do not return to the program. Child & Family Service recently received $100,000 from the Legislature to grow the program’s model, add more therapy staff, and bring on a life skills specialist for home visits. The program is currently sustained through Department contracts, private foundations, and grants. It also relies on the resources of Child & Family Service, which is Hawaii’s largest non-profit organization.

Board Chairperson Mizumoto thanked Tan for allowing him to tour the Hale O Ulu campus and expressed his appreciation for her services.


VI. Public Testimony on Board Agenda Items

Chairperson Mizumoto called again for public testimony.

Linda Elento, member of the public, was accompanied by her son, Jason. Elento stated that her son has Down Syndrome and has the ability to use sign language; a skill he did not learn in school. She also commented on the absence of a Board policy regarding sign language. Elento expressed concerns regarding her son being moved to high school, the lack of opportunities for him to be in a classroom with other students, and her dissatisfaction with the results of her efforts to discuss these issues with school and complex area administrators.


VII. Action Items
Aloha Dayton and Sean Bacon, Personnel Specialists, Office of Human Resources, presented the waiver requests to the Board. Maui school principals were available for questions via video conference. Bacon stated that there were 13 waivers total; however, 10 of them were similar waivers regarding two student contact days. The other three waivers were for Baldwin High School requesting the first day of school to be strictly for incoming freshman, ACT testing days without seniors on campus, and adjustment of instructional minutes for additional planning.

ACTION: Motion to approve all School Community Council (“SCC”) requests for exceptions to collective bargaining agreements, statutory waivers, and waivers of Board policy for School Year 2016-2017 as stated in the submittal dated June 7, 2016 (De Lima/Chun). The motion carried unanimously with all present members voting aye.

Student Achievement Committee Chairperson Halagao provided the committee’s recommendation to approve the Hakipuʻu Learning Center request for a waiver from Board Policy 104.1, Graduation and Related.

Board Member Horner stated that he would be voting against the committee’s recommendation and instead recommended deferring action pending further review by the Commission of the additional information presented to the committee earlier that day.

ACTION: Motion to approve the Student Achievement Committee’s recommendation concerning the Hakipuʻu Learning Center request for waiver as described in Attachment 2 of the Commission's memorandum dated May 31, 2016 (Student Achievement Committee/no second required). The motion carried with Members Asselbaye, Cox, De Lima, Minn, and Williams voting aye and Members Chun, Halagao, and Horner voting nay.

Committee Chairperson Halagao provided the Committee’s recommendation to approve the Hawaii Technology Academy request for a waiver from Board Policy 104.1, Graduation and Related.

ACTION: Motion to approve the Student Achievement Committee’s recommendation concerning the Hawaii Technology Academy request for waiver as described in the Commission's memorandum dated May 27, 2016 (Student Achievement Committee/no second required). The motion carried with all members present voting aye.

Committee Chairperson Halagao provided the Committee’s recommendation to approve the Kanu o ka ‘Aina New Century Public Charter School request for a waiver from Board Policy 104.1, Graduation and Related.

ACTION: Motion to approve the Student Achievement Committee’s recommendation concerning the Kanu o ka ‘Aina New Century Public Charter School request for waiver as described in the Commission's memorandum dated May 27, 2016 (Student Achievement Committee/no second required). The motion carried unanimously with all members present voting aye.


Finance and Infrastructure Committee Chairperson Chun stated that the Committee took action on May 17, 2016 to recommend the Board approve the policies listed in the agenda.

ACTION: Motion to approve the Finance and Infrastructure Committee’s recommendations concerning the following polices listed in the submittal dated June 7, 2016 (Finance and Infrastructure Committee/no second required). The motion carried unanimously with all members present voting aye.

Student Achievement Committee Chairperson Halagao presented the Committee’s recommendation concerning renumbering the policies listing in the agenda under the new policy numbering system.

ACTION: Motion to approve the Student Achievement Committee recommendation to renumber the following Board policies listed in the submittal dated June 7, 2016 under the new policy numbering system (Student Achievement Committee/no second required). The motion carried unanimously with all members present voting aye.
Student Achievement Committee Chairperson Halagao presented the Committee’s recommendations concerning the following policies:

Old Policy #
New Policy #
Original Policy Title
SAC June 7, 2016 Action
2000E-1Philosophy of Education
Hawaii’s Public Schools
Recommend that the Board approve Board Policy E-1 as described in the memorandum dated June 7, 2016.
(new)E-2Mission, Vision, ValuesRecommend that the Board approve Board Policy E-2 as described in the memorandum dated June 7, 2016.
(new)E-100Student SuccessRecommend that the Board approve Board Policy E-100 as described in the memorandum dated June 7, 2016.
(new)E-101Whole Student DevelopmentRecommend that the Board approve Board Policy E-101 as described in the memorandum dated June 7, 2016.
(new)New Sports PolicyRecommend that the Board approve the new Sports Policy as described in the memorandum dated June 7, 2016, including numbering of the new policy as 101.16.
(new)E-102Academic Mastery and
Assessment
Recommend that the Board approve Board Policy E-102 as described in the memorandum dated June 7, 2016.
(new)E-103Health and WellnessRecommend that the Board approve Board Policy E-103 as described in the memorandum dated June 7, 2016.
1110-6103.1Health and WellnessRecommend that the Board approve Board Policy 103.1 as described in the memorandum from Board Member Asselbaye dated June 7, 2016 and attached as Exhibit 3.
2245103.8Prophylactics in the Public SchoolsRecommend that the Board approve Board Policy 103.8, Prophylactics in Public Schools, as described in the memorandum dated June 7, 2016.
(new)E-104Graduates Ready for Life/Lifelong LearnersRecommend the Board not take any action to approve this policy.
(new)E-105Broad-based CurriculumRecommend that the Board approve Board Policy E-105 as described in the memorandum dated June 7, 2016 and attached as Exhibit A (Department proposed version).
(new)E-106Supports for Effective LearningRecommend that the Board approve Board Policy E-106 as described in the memorandum dated June 7, 2016 and attached as Exhibit A (Department proposed version).

ACTION: Motion to approve the Student Achievement Committee’s recommendations as described in the table above (Student Achievement Committee/no second required). The motion carried unanimously with all members present voting aye.

Board Chairperson Mizumoto stated that the Governor formed an Every Student Succeeds Act (“ESSA”) Team and that the Governor has requested a release of funds for costs related to the ESSA Team’s upcoming summit, outreach programs, and travel expenses.

Board Member Williams requested an update on the Department’s request for the release of $4.6 million (the 2015-2016 Fiscal Year funds restricted by the Governor), as he believed it pertained to the discussion.

Amy Kunz, Senior Assistant Superintendent and Chief Financial Officer, Office of Fiscal Services, stated that a notification approving the Department’s request to release the remaining restricted funds (less the $75,000 that was already released) was received from the Governor’s Office earlier that day.

Vice Chairperson Brian De Lima shared his appreciation for the Governor’s release of restricted funds and stated that he was comfortable supporting the release of $75,000 to the Governor’s office for the ESSA Team. Vice Chairperson De Lima stated that it is good to have people from different point of views communicate about public education. Vice Chair De Lima stated that there is a need for more resources to implement student achievement, programs for future careers, and money for staffing and that there needs to be a focus on a best practices approach to student achievement. He further stated that the Board recognizes its constitutional responsibility for public education, and it is easy to support the requested allocation with the release of the restricted funding. Vice Chairperson De Lima expressed his hope that the following year would provide more resources to support the needs of local schools.

Board Member Williams was pleased about the release of restricted funds and that the Department already had plans in place to use these funds. He further stated that although the subject of the ESSA Team is education, approval of the request to release these funds to the Governor is challenging for him because the project does not belong to the Department. Board Member Williams found it to be unprecedented for the Governor to transfer funds from the Department to himself and stated that he did not want to vote against the request but has decided to abstain.

ACTION: Motion to release $75,000 to the Governor’s office for use by the Governor’s Every Student Succeeds Act (“ESSA”) Team (Mizumoto/Horner). The motion carried with Members Asselbaye, Chun, Cox, De Lima, Halagao, Horner, and Minn voting aye and Member Williams abstaining.

Board Chairperson Mizumoto explained that Board Members would be assigned to the employer’s negotiating team to represent the Board and participate in the process by casting employer votes on behalf of the Board. Board Chairperson Mizumoto stated that he and Board Members Cox and Minn had volunteered their services.

Board Member Minn stated that his schedule was full working with the ESSA Team and other responsibilities and offered to assist until he could be replaced. There was then a discussion regarding who would cast the two votes held by the Board.

ACTION: Motion to assign Board Chairperson Lance Mizumoto, Board Member Margaret Cox, and Board Member Hubert Minn as the Board’s designees to the employer negotiating team(s) to engage in collective bargaining on behalf of the Board with: (1) Hawaii State Teachers Association, Bargaining Unit 5, and/or (2) Hawaii Government Employees Association, Bargaining Unit 6 with Board Chairperson Mizumoto and Board Member Cox primarily deciding how the Board’s votes will be cast (Mizumoto/De Lima). The motion carried unanimously with all members present voting aye.

Board Member Williams presented a memorandum and also discussed written testimony from Connections Public Charter School, Hawaii Academy of Arts and Sciences, Senator Kidani, and the Hawaii State Public Charter School Commission (“Commission”). The memorandum was a review of what had taken place previously regarding the legislation and the Board’s position on the legislation. Board Member Williams stated that the Senate version of the bill had died and that the House version continued with an abundance of opposing testimony, including opposing testimony from the Board. One section of the bill was deleted and other sections were revised but retained. Board Member Williams stated that sections three and four of the bill were the most concerning. Section three would grant applicant boards that were not yet state entities protection from liability. Section four would exempt the Commission from Chapter 91 for high stakes decisions.

Board Member Horner asked for clarification on the Commission’s position regarding the legislation. Catherine Payne, Commission Board Chair and Yvonne Lau, Commission Acting Executive Director, approached the Board for discussion. Payne stated that the point of section three was to provide protections to non-profit governing boards, like Ho‘okako‘o, that were not traditional governing boards.

Lau discussed legal concerns with the bill with the Attorney General’s office, and was told that they had no objections. Lau stated that many revisions in the bill were housekeeping matters, and the majority of opposition was to provisions that had been removed. Lau stated there had been a total of nine hearings for the bill, and the Commission had worked with the Senate Education Committee, House Committee on Finance and Senate Committee on Ways and Means Chairs after hearing the initial Board testimony. Lau suggested reconsidering the contested case hearing requirement, and stated that there was a process in statute in which the Commission brings decisions to the Board and that when the Board considered these decisions a contested case hearing was not required. Lau stated that the Legislature clarified the process for contested case hearings and that when the charter school law was drafted the intent was not to require them for the Commission’s decisions. She also mentioned that if contested case hearings were required, more staffing would be required.

Board Member Horner requested confirmation that Commission staff was not recommending that the Governor veto the bill. Lau confirmed that this was the recommendation.
Payne added that the Commission did not have an opportunity to discuss the possible veto of the bill because the Commission has not had a meeting scheduled since they found out this was on the agenda. She clarified that the testimony submitted was from her as an individual. If the Commission did discuss this, however, it would probably advise against a veto.

Board Member Horner asked whether there were any legal issues with the bill. Lau stated that there were no constitutional or legal concerns presented by the Attorney General’s office.
Board Vice Chairperson De Lima stated that Lau did not have to waive attorney-client privilege by stating that the Attorney General did not have any concerns, but since the privilege was waived, he asked whether Lau had a specific discussion with the Attorney General about a non-public board receiving protection and asked Lau to clarify the reason for providing this extension of immunity. Lau replied that she did not draft this proposal, but there are a number of entities that apply to open a charter school and if approved they will hold the contract. Lau stated that many non-profit boards apply to become charter schools and will not become state entities if not approved. Board Vice Chairperson De Lima stated that if the board was not approved, they would still receive immunity, so immunity would be granted if an entity just applied to open a charter school. Board Vice Chairperson De Lima asked if there were any previous contested case proceedings. Lau stated that the Commission had been advised to treat the hearing for Halau Lokahi as a contested case hearing, even though statute provided a specific process. At this hearing, the Commission and school were represented by deputy attorney generals; however the Commission staff was not. Lau stated that there should be a staff attorney and hearings officer for a proper contested case. Lau stated that the legislation clarified the process for schools and the Commission.

Board Member Horner asked if the Executive Branch had submitted testimony. Lau replied that she did not recall seeing testimony from the Executive Branch.

Board Chairperson Mizumoto asked Payne if the Commission was requesting time to review the bill. Payne clarified that the Commission was asking for the Board not to approve the request that the Governor to veto the bill.

ACTION: Motion to request the Governor veto House Bill 2205, House Draft 1, Senate Draft 2, Conference Draft 1 (Relating to Charter Schools) of the 2016 Legislative Session (Williams/De Lima). The motion carried with Members Asselbaye, De Lima, Chun, Cox, Halagao, Minn, and Williams voting aye and Member Horner abstaining.

VIII. Executive Session

ACTION: Motion to move into executive session to consult with the Board’s attorney on the matters described on the agenda and deliberate on matters concerning the authority of persons designated by the Board to conduct labor negotiations (De Lima/Williams). The motion carried unanimously with all members present voting aye.

The meeting recessed at 3:27 p.m. and reconvened at 4:28 p.m.

IX. Adjournment

Board Chairperson Mizumoto adjourned the meeting at 4:29 p.m.