APPROVED
STATE OF HAWAII
BOARD OF EDUCATION

GENERAL BUSINESS MEETING
Thursday, December 7, 2006
Kahakai Elementary School Cafeteria
76-147 Royal Poinciana Drive
Kailua-Kona, Hawaii 96740

MINUTES

ATTENDANCE

BOARD OF EDUCATION

Karen Knudsen, First Vice Chairperson (Excused)
Herbert Watanabe, Second Vice Chairperson
Dr. Lei Ahu Isa (Excused)
Dr. Eileen Clarke
Mary Cochran, Esq. (Excused)
Margaret Cox (Excused)
Breene Harimoto
Cecil Heftel (Excused)
Darren Ibara
Donna Ikeda
Kim Coco Iwamoto, Esq.
Denise Matsumoto
John Penebacker
Garrett Toguchi

Galen Onouye, Esq., Executive Director
Kendra Ito-Mizota, Board Resource Teacher

DEPARTMENT OF EDUCATION/HAWAII STATE PUBLIC
LIBRARY SYSTEM/CHARTER SCHOOL ADMINISTRATIVE OFFICE

Patricia Hamamoto, Superintendent of Education
Stafford Nagatani, Executive Assistant to the Superintendent
Mary Correa, Complex Area Superintendent, Ka`u/Kea`au/Pahoa
Arthur Souza, Complex Area Superintendent, Hilo/Laupahoehoe/Waiakea
Valerie Takata, Complex Area Superintendent, Honoka`a/Kealakehe/Kohala/Konawaena

Jo Ann Schindler, State Librarian

Robert Roberts, Chief Financial Officer, Charter School Administrative Office

OTHERS

Dr. Allen Awaya, Education Liaison, U.S. Pacific Command, J1HPS
Leiomalama Desha, Hawaii Government Employees Association

I. Call to Order

The general business meeting of the Board of Education (Board) was called to order by Second Vice Chairperson Herbert Watanabe at 3:40 p.m. in Kahakai Elementary School cafeteria.

II. Board Recognition of Achievements

None

III. Approval of Minutes, Appointments, and Contracts

A. Minutes

Ms. Matsumoto moved, and Mr. Penebacker seconded, that the Board approve the minutes of the Board general business meeting held on October 5, 2006, October 19, 2006, and November 16, 2006.

Without objection, Mr. Harimoto's amendments to the October 5, 2006, and October 19, 2006, minutes were accepted as friendly amendments.

The motion carried unanimously, as amended, with Dr. Clarke, Mr. Harimoto, Ms. Ikeda, Ms. Iwamoto, Ms. Matsumoto, Mr. Penebacker, Mr. Toguchi, and Mr. Watanabe voting aye. There were no nays and no abstentions.

B. Personnel Appointments

None

C. Contracts

None

IV. Reports

A. Board Officers and Board Committee Chairpersons

Mr. Watanabe announced that the Board By-Laws state Board officers may select committee members. Mr. Watanabe extended an invitation to the new Board members to become interim committee members. Mr. Watanabe stated this will allow new members to be compensated for the committee meetings they attend.

Mr. Watanabe extended appreciation to State Librarian Jo Ann Schindler and her staff for hosting the swearing-in reception for Board members. Mr. Watanabe thanked Mr. Stafford Nagatani for providing appetizers. Mr. Watanabe also thanked Mr. Harimoto, Ms. Matsumoto, State Senator Clarence Nishihara and State Senator Norman Sakamoto for attending the swearing-in ceremony and reception.

B. Board Executive Director

Board Executive Director Galen Onouye announced that, as of tonight, the Board general business meeting minutes are up to date. Mr. Onouye stated that he hoped to have the committee meeting minutes current by the end of the month.

Mr. Onouye gave an update on the boardroom improvements. Mr. Onouye stated that a Request for Proposal (RFP) will be issued for equipment. A copy will be available to members in the Board office. Mr. Onouye stated he will present the RFP to the Board before approving a vendor.

Ms. Matsumoto suggested holding off on the boardroom improvements due to the costs that will be incurred by the Board in connection with the Charter School Review Panel (Review Panel).
Ms. Matsumoto asked if the Board can afford both. Mr. Onouye stated that the improvements were initially estimated at $50,000, and he is trying to scale it back due to the unforeseen costs associated with the Review Panel. Mr. Onouye stated that upon receipt of the RFPs, the Board will have a better idea of where it stands. At that time, Mr. Onouye will bring the item back to the Board for review.
Mr. Onouye stated that beginning in January, the Board budget will be given to the Board's budget analyst, Lea Young, and the Board's auditor, Chris Lee, for their review. Mr. Onouye stated that they will be able to project out the Board budget.

Mr. Penebacker asked if there are any provisions in the law that allows the Board to charge the Review Panel expenses to the Charter School Administrative Office (CSAO). Mr. Onouye stated that the responsibility of the Review Panel lies with the Board. Mr. Penebacker requested the Department of Attorney General's (AG) opinion regarding whether it is possible to charge the Review Panel expenses to the CSAO. Mr. Penebacker stated that these are expenses for charter schools, and the expenses would be more appropriately charged to that account. Mr. Onouye stated this can be taken up with Board leadership.

C. Superintendent

Superintendent Patricia Hamamoto invited West Hawaii Complex Area Superintendent Art Souza to share the Complex Area Superintendent's Highlights (Attachment A).

Mr. Souza presented a video detailing South Kona's leadership projects. School Renewal Specialists Ms. Sandra Taosaka and Ms. Kathy Ishii spoke about teacher-leader extensions.

Ms. Hamamoto presented the following:

§ Na Lono Kula
§ Memo to Director Georgina Kawamura (Department of Budget and Finance) from Superintendent Patricia Hamamoto regarding concerns regarding Governor's Decisions on the Board of Education's Operating and CIP Budgets for Fiscal Biennium 2007-09 (Attachment B)
§ Personnel Appointments for the month of November 2006

In response to Mr. Penebacker, Ms. Hamamoto stated that before the Department of Budget and Finance (B&F) issued its decision, B&F met with the Department of Education (Department) regarding the rationale for the Board's budget.

Mr. Penebacker asked what follow-up action is required of the Board. Mr. Onouye stated no action is necessary at this time. Ms. Hamamoto suggested that further discussion be held by the Committee on Budget and Fiscal Accountability (Budget Committee) regarding the Board and Department's priorities and focus for the upcoming 2007 legislative session.

In response to Dr. Clarke, Ms. Hamamoto stated that the Department's budget is based on the Department's needs for the coming year.

In response to Mr. Penebacker, Ms. Hamamoto stated that the Department is concerned about B&F's provisos and considers this action to be unusual.

Mr. Nagatani stated that the Department will discuss all details at the next Budget Committee meeting. The Governor's budget has been sent to the printers and will be submitted to the Legislature. Mr. Nagatani stated that the Department will have to print its own budget, but it has to match up against the executive budget details. The Department will then work with the Senate Ways and Means Committee and the House Finance Committee.

Mr. Nagatani stated that the Department's budget hearing before the Senate Ways and Means Committee is on January 8, 2007, at 9 a.m. He stated the House Finance Committee is still sorting out its guidelines.

D. State Librarian

State Librarian Jo Ann Schindler presented her State Librarian’s Report (Attachment C).

E. Charter School Administrative Office Executive Director

This item was deferred to later in the meeting.

F. Military Representative

Dr. Allen Awaya described his tour of the Pohakuloa Training Area. Mr. Toguchi shared his insights of the tour.

Dr. Awaya stated that the National Network of Partnership Schools conducted a parent involvement conference last week. Over 400 people attended the last day of the conference, which featured Dr. Robert Blum. He stated it was concluded that connectivity to schools reduces every risk behavior by a significant amount.

Dr. Awaya stated that new Board representatives to the Joint Venture Education Forum (JVEF) will need to be appointed. Dr. Awaya suggested that the Board's representative and alternate have some personal or vested interest in what JVEF does.

Dr. Awaya stated that the next JVEF meeting will be held on the second Thursday of January. JVEF meetings are held on the Thursdays between the Board general business meetings.

G. Hawaii State Student Council

None

H. Other Boards, Commissions, Councils

None

I. Board Members' Concerns

Mr. Harimoto stated the following:

§ Several urgent issues need to be dealt with regarding charter schools, including the Review Panel, the CSAO executive director position, charter school administrative rules, and charter school facilities funding. Mr. Harimoto stated that he is very concerned that the Board/committee is taking a break during December and is not sure when the new committees will get organized. He stated this cannot wait until January. Mr. Harimoto urged his fellow Board members to get the committees moving.

§ With regard to the Board's proposed legislation, Mr. Harimoto stated it is very late and he is not sure what the plan is for the Board. Mr. Harimoto submitted his list of proposed legislation (Attachment D). Mr. Harimoto also submitted his proposed amendments to the Board's By-Laws for Board members' consideration (Attachment E).

§ With regard to the Board's self-evaluation, Mr. Harimoto stated that the special meeting on November 14, 2006, was a good session, but it was more a status of where the Board is. Mr. Harimoto suggested and encouraged new Board leadership to pause and take a good look at how the Board can facilitate a thorough self evaluation.

Mr. Harimoto congratulated the Board's new members. Mr. Harimoto stated that change is always a good thing, and he is looking forward to working with all of the new members, their new ideas, and the enthusiasm that they bring.

Mr. Watanabe stated that the Board will hold an election for Board officers at the December 14, 2006, general business meeting. At this time, a form will be distributed to Board members for them to designate which committee(s) each member is willing to sit on. Mr. Watanabe stated that one of the concerns regarding the set up of committees is not meeting quorum because members fail to attend meetings. Mr. Watanabe stated that the Board may need to look at the Board's By-Laws to correct this situation. Mr. Watanabe asked Board members to give serious thought about how each member serves on the committees.

Ms. Ikeda suggested that committees be smaller so that the Board can get a quorum and so that an item can have discussion at the committee level and then be brought to the full Board so the general public will have a greater opportunity to participate in the final decision.

Ms. Matsumoto suggested looking at establishing a standing committee on legislation so that the committee can look at proposed legislation that might come out of committees, to discuss in detail the writing of a particular bill, and keep track of the implementation of recently-adopted legislation, rather than piecemeal it out to committees.

Mr. Ibara stated that the Board should reconsider its position regarding the Department's Civil Rights Compliance Office (CRCO). Mr. Ibara noted that funding was taken off of the Department's budget request for additional CRCO staff. After receiving information at the Committee on Special Programs meeting, the Department demonstrated that there is need for more staffing and what is being done by CRCO is good.

Mr. Ibara suggested that the Board take a look at the drug dog pilot project conducted in Maui as it may decrease drug-related activities in schools.

Mr. Toguchi stated he is concerned that two teachers were alleged to have been smoking marijuana near school and arrested. The Department's response was that of confirmation; that it is a bad thing. Mr. Toguchi stated that the allegations are sad; however, the teachers have not been convicted yet. Mr. Toguchi stated that he hopes that the message through the Superintendent's office will go out into the field that people are innocent until proven guilty.

Dr. Clarke shared Mr. Toguchi's concern regarding the drug allegations. Dr. Clarke stated that it is a concern that the Board needs to address in ways that would be fair and honorable, but yet strong. Dr. Clarke thanked her fellow Board members, as well as the public, for giving her an opportunity to serve.

Ms. Iwamoto concurred with Dr. Clarke and with Mr. Ibara regarding CRCO. Ms. Iwamoto stated she believes that the CRCO saves the Department a lot of money with regard to lawsuits coming in and prevention of same.

E. Charter School Administrative Office Executive Director

Mr. Robert Roberts reported that Interim Executive Director Maunalei Love is in Washington D.C. attending the Charter Schools Program Project Directors conference. Mr. Roberts presented the CSAO Report (Attachment F).

In response to Ms. Iwamoto, Mr. Roberts stated that CSAO does not have proposed legislation at this time.

In response to Mr. Toguchi, Mr. Roberts stated he will provide the budget materials that Mr. Toguchi requested by Wednesday, December 13, 2006.

Mr. Penebacker withdrew his request for the AG's opinion regarding funding of the Review Panel. Mr. Penebacker stated he is concerned about not having any written communication from the Board that sets the parameters, goals, and objectives for the Review Panel. Mr. Watanabe expressed the same concern. Mr. Penebacker requested that the Review Panel withhold from having any further meetings until there is written direction and parameters set by the Board.

Ms. Iwamoto stated she recalled that the Committee on New Century Charter Schools (Charter School Committee) authorized the CSAO to arrange an informal meeting of the Review Panel.
Mr. Harimoto agreed that the Charter School Committee directed CSAO to convene the Review Panel; however, Mr. Harimoto stated he is concerned about the lack of communication with the Board and that the Board was not adequately represented at the informal Review Panel meeting. Mr. Harimoto stated that the Review Panel should not convene until the Board is clear about what the Review Panel is to do and is given some direction from the Board.

Mr. Penebacker asked what is the process or procedure that the Board should take to deal with the questions raised relative to the direction of the Review Panel. Mr. Watanabe stated he will send a letter to the Review Panel to cease all operations until they hear from the Board.

Mr. Watanabe stated that there needs to be a handbook that states what are the guidelines from the Board to the panel and what are the responsibilities according to the law.

Mr. Harimoto noted that he initially misunderstood the law. After reviewing the law again,
Mr. Harimoto clarified that the Board may authorize new start up charter schools beginning July 2007.

Mr. Toguchi asked if CSAO received a response from the Governor's office regarding the CSAO budget request. Mr. Roberts stated that the Governor removed funding for new charter schools, CSAO's request for substitute teacher funding, and grievance process reimbursements. The Governor included facilities funding equal to the amount that was included in this year's budget. Mr. Roberts stated the net impact was a decline of about half a million dollars.

In response to Mr. Penebacker, Mr. Roberts stated CSAO has not decided yet on how it is going to approach the Governor's changes to the CSAO budget.

With respect to Item 5 of the CSAO report, administrative rules, Mr. Harimoto clarified that the Board will create the administrative rules, and the Board will be seeking input from everyone else.

V. **Executive Session on Personnel, Collective Bargaining, and Legal Matters

A. Consultation with the Attorney General Regarding Office of Information Practices (OIP) Decision
B. Collective Bargaining Issues Relating to Units 05 and 06

Mr. Toguchi moved, and Mr. Penebacker seconded, that the Board go immediately into executive session to consult with the Attorney General regarding the Office of Information Practices' decision and to discuss collective bargaining issues relating to Units 05 and 06.

The motion carried unanimously with Dr. Clarke, Mr. Harimoto, Ms. Ikeda, Ms. Iwamoto, Ms. Matsumoto, Mr. Penebacker, Mr. Toguchi, and Mr. Watanabe voting aye. There were no nays and no abstentions.

The meeting recessed at 5:36 p.m. and was recalled to order in open session at 7:00 p.m.

Ms. Hamamoto thanked Kahakai Elementary School Principal Jessica Yamasawa and her staff for their hospitality and assistance. Ms. Hamamoto introduced her leadership team. Ms. Yamasawa welcomed the Board and the Superintendent to Kahakai Elementary School. Ms. Yamasawa introduced and thanked her staff who helped make the meeting possible. Ms. Yamasawa shared different projects that Kahakai students are involved in. Mr. Souza invited the administrators and teachers from the Honokaa/Kealakehe/Kohala/Konawaena Complex to introduce themselves. Mr. Watanabe thanked Ms. Yamasawa and her staff. Mr. Watanabe presented Ms. Yamasawa with a gift from the Board.
Mr. Watanabe introduced the members of the Board.

VI. Requests and Petitions from the Public, Including Input on Board Action Items

Mr. Watanabe reviewed the Board's guidelines for presenting public testimony.

Ms. Holly Ady, parent, testified regarding fighting, bullying, drug dealing, and the lunch program at Kealakehe High School (Attachment G). Mr. Watanabe asked the Superintendent to follow up on this matter.

Ms. Debra Extor, parent, testified regarding her concerns with the changes in contracting conditions between the Department and The Institute for Family Enrichment (Attachment H).

Ms. Sandra Dela Cruz, parent, requested the Board to look into the changes to the psychiatric services contract.

Ms. Debbie Hedeman, parent, testified in support of using sports for physical education (PE) credits; to require PE to be taken once a year; and to increase the hourly wage for classroom cleaners. Ms. Hedeman asked what recourse a parent has if one sees people in the system that are not doing their job correctly.

Mr. Toguchi informed Ms. Hedeman that, as reported by the Superintendent earlier, the Governor rejected the Board's request for an increase in classroom cleaner pay. The next step for the Board is to go directly to the Legislature for support. Mr. Toguchi informed Ms. Hedeman that it would be helpful if an organization went to the Governor regarding this issue. Mr. Toguchi referred Ms. Hedeman to the Department regarding options tried at other schools.

With regard to sports being used for PE credit, Ms. Matsumoto stated that this was previously brought to the Board. The idea was rejected by PE teachers as well as the Board because the sport would need to meet the Hawaii Content and Performance Standards. In addition, a highly qualified teacher would need to teach students, which would require that all coaches be highly qualified teachers.

VII. Recommendations for Action

*A. Discussion/Action on the Department of Education 2007-08 Official School Calendar (Committee on Regular Education, K-12)

Ms. Hamamoto stated that the Committee on Regular Education, K-12, passed out the 2007-08 school calendar, and the item has been in Consult and Confer. The unions have responded, and there are issues and concerns that the Board and the Department will need to review. Mr. Harimoto requested that this item be deferred to the December 14, 2006, general business meeting.

*B. Discussion/Action on Board of Education/Department of Education/Hawaii State Public Library System/Charter Schools Proposed Legislation to the 2007 Hawaii State Legislature (Chairperson)

Mr. Onouye reported that there are two proposed legislative bills for the Board's consideration. The Board attorney bill (Board Attorney Bill) allows the Board to hire an independent attorney (Attachment I).

Mr. Penebacker moved, and Mr. Harimoto seconded, that the Board approve the proposed Board Attorney Bill.

Ms. Matsumoto noted that there is no money included in the bill and asked if it will come out of the Board's budget. Mr. Onouye stated that the appropriation line was left blank, and in the final stage, the amount will be inserted and be based on the current Memorandum of Understanding (MOU) with the AG.

Mr. Onouye clarified that the Board Attorney Bill will allow the Board to opt out of AG representation. Once the bill passes, the Board can go in for an appropriation, or the Board may turn one of the positions into an attorney position.

Dr. Clarke asked if the Board Attorney Bill will have any negative implications to the Board.
Mr. Onouye stated the AG indicated that when the Legislature allowed other state agencies to seek their own counsel, there were problems between the AG's office and the hired attorneys, who did not always take the same position. The AG was also concerned about who would pay legal fees incurred.

In response to Ms. Iwamoto, Mr. Onouye stated that if there is no money budgeted, it will come out of the Board's general operating funds or the Board may go in for an appropriation. Mr. Onouye stated that the Board has money for an attorney position that is being paid through an MOU with the AG, which is coming out of the Department's budget.

Ms. Ikeda spoke in favor of the Board Attorney Bill. Ms. Ikeda stated that the Board previously lost cases because it did not have proper representation, as the AG's office was not equipped with the expertise needed to defend the Board.

Mr. Harimoto spoke in favor of the Board Attorney Bill. Mr. Harimoto stated that the AG represents the State's best interest, and its decisions may sometimes be at odds with the Department or the Board.

The motion carried unanimously with Dr. Clarke, Mr. Harimoto, Ms. Ikeda, Ms. Iwamoto, Ms. Matsumoto, Mr. Penebacker, and Mr. Watanabe voting aye. There were no nays and no abstentions.

Mr. Onouye stated that the Board member salary bill (Board Salary Bill) originally had the salary commission attached to it. The current version has a blank line for the compensation (Attachment J).

Mr. Penebacker moved, and Mr. Toguchi seconded, that the Board approve the proposed Board Salary Bill, with the salary amount to be left blank.

Mr. Penebacker recommended leaving the salary amount blank because the Legislature was reluctant to provide a salary equal to theirs or to the Office of Hawaiian Affairs (OHA). Mr. Penebacker stated that in his discussions with the subject-matter chairpersons and money committees, he believed this was a negotiable item.

Mr. Toguchi spoke in support of the Board Salary Bill.

Mr. Harimoto spoke in support of the Board Salary Bill. Mr. Harimoto stated that he previously opposed this legislation because he believed it would change the complexion of the Board. After serving on the Board for four years, he has come to realize that being a Board member is a job and if members want to make education a priority and tackle the difficult issues, members must make a total commitment to do this job. The way to do this is to pay a salary.

In response to Mr. Harimoto, Mr. Onouye clarified that the benefits program referred to on page 2, paragraph 1, is the general benefit program open to all state employees. Mr. Onouye indicated that the benefits package issue has been a stumbling block in the past.

Mr. Harimoto sought clarification regarding the protocol allowance referred to on page 2, paragraph 4. Mr. Toguchi stated that the Legislature's protocol allowance is set by law. Mr. Harimoto stated this should be stated in the bill.

In response to Ms. Ikeda, Mr. Onouye clarified that the Board student member is entitled to the protocol allowance. The Board military representative is not an official Board member and would not be entitled to an allowance.

Ms. Iwamoto requested a history of the bill. Mr. Penebacker explained that the Board previously had a set salary. At some point it was taken away. When OHA was created, its members were given a compensation package. The Board is the only elected body that does not have a salary package. An annual request has been made to the Legislature to reestablish the Board's salary.

Mr. Penebacker explained that Board Salary Bill passed the Senate last year. He stated the bill moved out of the House Education Committee and fell off the radar screen at the late stage of the session. Mr. Penebacker stated that there was discussion that the Legislature did not want the Board to have the same compensation plan that they had, but they were willing to offer something less than that. Mr. Penebacker stated leaving this open will allow the Board some room to negotiate with the House and Senate.

The motion carried unanimously with Dr. Clarke, Mr. Harimoto, Ms. Ikeda, Ms. Iwamoto, Ms. Matsumoto, Mr. Penebacker, Mr. Toguchi, and Mr. Watanabe voting aye. There were no nays and no abstentions.

Mr. Onouye informed Board members that he will be presenting an immunity bill and an autonomy bill at the next general business meeting.

The autonomy bill includes provisions that will allow the Board to issue a general excise tax, restores the Board to full power, and allows the Board fiscal autonomy, similar to OHA, to be separate from B&F. Mr. Onouye requested direction from the Board on these bills.

Ms. Ikeda recommended that the Board follow OHA's version of the autonomy bill. Ms. Ikeda stated she believed this would have the best chance of passing because the Board's main problem is the timely release of funds and getting the funds that are appropriated. Currently, the Board faces restrictions and money is held hostage and then bargained with. This has to stop if the process is to improve. Mr. Watanabe directed Mr. Onouye to follow the recommendation made by Ms. Ikeda.

Mr. Toguchi inquired of the asset management bill. The bill would give the Department and the Board authority over the lands that schools sit on. Mr. Watanabe stated, and Ms. Ikeda confirmed, that lands that once belonged to the counties were transferred to the State.

Mr. Penebacker spoke in favor of the asset management bill and stated that it is consistent with the spirit and intent of Act 51, Session Laws of Hawaii 2004 (Act 51).

Mr. Toguchi requested that the bill that was introduced last year be brought to the next Board general business meeting to allow Board members to review the bill and have a discussion.

Mr. Harimoto spoke about his proposed legislation (Attachment D), including his ideas regarding the charter school law and schools of choice. Mr. Harimoto noted that having schools of choice will require the Board to change the law. In particular, to allow schools to have entrance requirements.
Mr. Watanabe accepted Mr. Harimoto's proposals.

Mr. Nagatani summarized the Department's proposed legislation to the 2007 Hawaii State Legislature (Attachment K).

Mr. Penebacker moved, and Mr. Toguchi seconded, to approve the Department's proposed legislation to the 2007 Hawaii State Legislature, as discussed.

With respect to the Department's Proposal No. 3, Mr. Toguchi stated that the Governor's budget request deleted funds for health aides. Mr. Toguchi asked what position the Department will take if the bill passes and the Department is stuck with health aides and no money. Ms. Hamamoto stated that the health aides transfer is still being discussed with the Department of Health (DOH). She stated that salary and benefits issues still need to be worked out. If it is not worked out, then the Department does not want the transfer of health aides. If the conditions are not met by DOH, the Department will ask the Legislature to submit a bill to repeal the health aide portion of Act 51.

Regarding Proposal No. 4, criminal history record checks, Mr. Toguchi asked if the Department is constrained by law to do it only upon hire or whether it can be done annually. Ms. Hamamoto stated that the law is solid in that record checks can be done only after being hired. If this is something the Board wants to consider, the cost would need to be researched because the Department pays for processing the criminal background check.

Dr. Clarke asked why this bill is necessary. Ms. Hamamoto stated that the Department has no authority to conduct any criminal history record check on people/contractors who provide services to schools. The Department already conducts background checks on its employees. This bill is specific to Institute of Higher Education trainees, subcontractors, and service providers who are contracted to come onto school campuses. Ms. Hamamoto clarified that the Department would like to have fingerprinting included in the background check. Mr. Toguchi stated that the FBI will not do fingerprinting unless it is required by law.

In response to Ms. Iwamoto, Ms. Hamamoto stated that the Department wants to extend it to people who work with children or are in close proximity to children on a regular basis.

With respect to Proposal No. 5, Mr. Nagatani stated that the Department has caught up on its repair and maintenance backlog and the Department does not need this account and will merge it into one.

With respect to Proposal No. 6, Mr. Nagatani stated that because the law is vague, the Department currently tests for asbestos on new paint jobs. To control costs, the Department is seeking to clarify that testing be done according to the federal Asbestos Hazard Emergency Response Act of 1986.

With respect to Proposal No. 7, Ms. Hamamoto stated that this requirement will align the convening of the Committee on Weights (COW) with the submittal of the biennium budget. The Department or Board will not be precluded from recalling the COW if there are unforeseen changes to the budget.

Dr. Clarke asked how COW members are selected and if there are any carryover members so there will be stability. Ms. Hamamoto stated that the make up of the committee is written in law.
Ms. Hamamoto stated that there is carryover of members. Ms. Hamamoto stated that the first COW had approximately 40 members. This was found to be too difficult and the Board reduced it to 16 to 18 members.

Mr. Harimoto requested that the Department look deeper into the timing of convening the COW. Mr. Harimoto stated that the COW's function is changing and the law may need to be clarified. Originally, the COW met to review and propose; in actuality, the Department proposes and the COW reviews.

Ms. Matsumoto suggested that the Department add that the COW will meet "not less than biennially." Ms. Hamamoto stated that it would make the law clearer if it says that the COW is to meet every odd or even year. Ms. Hamamoto stated she will discuss these suggestions with Dr. Robert Campbell and present the Department's recommendation at the next Board general business meeting.

With respect to Proposal No. 8, Ms. Hamamoto stated that this bill will ensure that B&F will not take the Department's vacant positions and reduce the Department's budget.

Mr. Nagatani explained that the Department receives bulk food items from the federal government. The Department must pay for storage of these bulk items. This storage cost is passed on to the agency that uses the food items. Currently, this money is sent to the state general treasury instead of being returned to the Department to offset its administrative costs. Proposal No. 9 will create a revolving fund and help to alleviate a percentage of the shortfalls for the school lunch and breakfast program.

With respect to Proposal No. 10, Ms. Hamamoto stated that the Department will be discussing this proposal with the Hawaii Teacher Standards Board.

Ms. Ikeda moved, and Mr. Toguchi seconded, to amend the motion and exclude Proposal No. 7.

The motion to amend carried unanimously with Dr. Clarke, Mr. Harimoto, Ms. Ikeda, Ms. Iwamoto,
Ms. Matsumoto, Mr. Penebacker, Mr. Toguchi, and Mr. Watanabe voting aye. There were no nays and no abstentions.

The main motion carried unanimously with Dr. Clarke, Mr. Harimoto, Ms. Ikeda, Ms. Iwamoto,
Ms. Matsumoto, Mr. Penebacker, Mr. Toguchi, and Mr. Watanabe voting aye. There were no nays and no abstentions.

*C. Discussion/Acceptance of Department of Education Reports Due to the 2007 Hawaii State Legislature (Chairperson)

In response to Ms. Ikeda, Mr. Nagatani confirmed that the Department's reports have already been written and the Board will be accepting the reports for transmittal to the Governor and then to the Legislature (Attachment L).

Mr. Penebacker moved, and Mr. Toguchi seconded, that the Board accept the Department's reports due to the 2007 Hawaii State Legislature.

Mr. Nagatani recommended that Item No. 5, early childhood education, and Item No. 13, two-tiered kindergarten, be deferred. Mr. Nagatani stated he just received these reports this morning. The Department will present the reports at the next Board general business meeting.

Without objection, Mr. Penebacker's friendly amendment to exclude Item Nos. 5 and 13 was accepted.

The motion carried unanimously with Dr. Clarke, Mr. Harimoto, Ms. Ikeda, Ms. Iwamoto, Ms. Matsumoto, Mr. Penebacker, Mr. Toguchi, and Mr. Watanabe voting aye. There were no nays and no abstentions.

Mr. Watanabe announced that Mr. Penebacker will be appointed to the Collective Bargaining Unit 06 committee.

VII. Adjournment

The meeting adjourned at 9:15 p.m.

Submitted for Approval:




GALEN K. ONOUYE, Esq.
Executive Director



Approved by the Board:




KAREN KNUDSEN
First Vice Chairperson

December 7, 2006



Attachments

Attachment A Complex Area Superintendent's Highlights, dated December 7, 2006

Attachment B Memo to Georgina Kawamura from Patricia Hamamoto regarding Concerns Regarding Governor's Decisions on the Board of Education's Operating and CIP Budgets for Fiscal Biennium 2007-09

Attachment C State Librarian's Report, dated December 7, 2006

Attachment D Proposed Legislation for 2007 Legislative Session submitted by Breene Harimoto, dated November 18, 2006

Attachment E Proposed By-Laws Changes submitted Breene Harimoto, dated October 15, 2006

Attachment F CSAO Status Report, dated December 7, 2006

Attachment G Written testimony of Holly Ady

Attachment H Written testimony of Debra Extor

Attachment I Proposed Board legislation (Board Attorney Bill)

Attachment J Proposed Board legislation (Board Salary Bill)

Attachment K Memo to Randall Yee from Patricia Hamamoto regarding Year 2007 Legislative Proposals for Consideration in the 2007 Hawaii State Legislature, Regular Session, dated November 30, 2006

Attachment L Memo to Randall Yee from Patricia Hamamoto regarding DOE Reports Requested by the Hawaii State Legislature Due to the 2007 Session, dated November 30, 2006



MINUTES 12-7-06 attachments.pdf