Thursday, August 6, 1998
Board Room, Queen Liliuokalani building



Karen Knudsen, Chairperson (Excused)
Kelly T. King, First Vice Chairperson
Dr. Mitsugi Nakashima, Second Vice Chairperson (Excused)
Lex Brodie
Dr. John Mike Compton
Denise Matsumoto
Francis McMillen
Ronald B.Y. Nakano
Noemi Lynn Pendleton
Jessica Preece
Keith Sakata
Winston Sakurai
Garrett Toguchi
Herbert S. Watanabe

Galen Onouye, Executive Director
Daniel Shimizu, Board Analyst
Cara Watanabe, Board Analyst

Alfred Suga, Interim Superintendent
Lester Chuck, Interim Assistant Superintendent, OBS
Diana Oshiro, Interim Assistant Superintendent, OITS
Albert Yoshii, Acting Assistant Superintendent, OPS
Evangeline Barney, Acting Assistant Superintendent OASIS
Charles Kagawa, Acting Administrative Assistant to the Superintendent
Caroline Spencer, Interim State Librarian
John Penebacker, Special Assistant to the State Librarian

I. Call to Order

The general business meeting of the Board of Education was called to order at 3:35 p.m. by First Vice Chairperson Kelly King, in the Board Room, Queen Liliuokalani Building.

II. Board's Recognition of Achievements


III. Approval of Minutes, Appointments, and Contracts

A. Minutes

It was moved by Mr. Nakano and seconded by Mr. Toguchi that the Board of Education approve the minutes of the general business meeting held on July 23, 1998; and executive sessions held on July 23, 1998 and July 24, 1998.

The motion carried.

B. Personnel Appointments


C. Contracts


IV. Reports

A. Superintendent

Mr. Suga followed up on testimony that was presented at the last Board meeting and distributed the following materials to Board members:

(1) Response to Laura Brown's testimony; and
(2) Use of school facilities by not for profit organizations.

Mr. Suga clarified that there was no swapping of land as Ms. Brown suggested, nor did the DOE give away seven acres of land.

Mr. Suga stated the use of school facilities is covered by Chapter 39, Hawaii Administrative Rules. The Hawaii High School Athletic Association

(HHSAA) falls under Type II users who are waived from having to pay rental fees.

Mr. Toguchi stated the concern regarding the HHSAA using the facilities was due to the secrecy of their hiring of an executive secretary.

Mr. Sakurai clarified that Chairperson Knudsen was concerned about whether or not HHSAA paid any rent.

In response to Dr. Compton, Mrs. King stated the Board is independent from the HHSAA.

Mrs. Barney stated the Felix update consists of two major portions:

(1) The Management and Accountability Study of the Hawaii DOE which was ordered by Judge Ezra and Special Master Jeffrey Portnoy. The study raised concerns about possible organizational and managerial barriers that appeared to inhibit effective implementation of IDEA, Section 504 and other provisions of the Felix Consent Decree.

The intent of the report was not to order the Department to implement all of the recommendations, but to have the Department review, analyze and respond to the Court by August 31, 1998.

The results of the leadership team and the district specialist meeting will serve as a base from which the Department will craft the response to the management study.

(2) The focus of the Felix Retreat held at Kamehameha Schools was to prioritize the issues and to comply with the consent decree, as well as to provide a quality education and related support services to all of the children.

Mrs. Barney stated that Dr. LeMahieu's presence at the meeting provided a new impetus and reaffirmation of what the Department needs to do between now and the year 2000.

Mrs. Barney stated they discussed the possibility of constructing an integrated budget with the DOE and DOH.

Mrs. Barney stated that all of their staff time and energy will be devoted to responding to the management study recommendations.

Dr. Compton stated the Department has made a strong effort even though the size of the task has expanded. It was an opportunity to "bury the hatchet" where people were able to let go of some of the past problems.

Mr. McMillen stated that for four years, all he has been hearing is that they are managing the problem. He doesn't understand why they can't solve the problem. The cost continues to rise and the amount of energy people are putting into this particular problem is extraordinary. The problems of management keep going up. Perhaps the Board needs to be more involved.

In response to Mr. McMillen, Mr. Suga stated that he is also concerned about the fact that they are in the fourth year of six in dealing with this problem. However, the DOE must define the Felix class and determine the standards of performance.

Mr. Suga stated that in order to free themselves from the consent decree, they have to define who is in the Felix class.

Mr. McMillen stated that mental health is a medical problem.

Dr. Compton stated that theoretically mental health services could be considered medical, however, they are involved because it has educational implications. The way these services are delivered is not a simple management problem. The support for those services to be delivered are in short supply. Many gains have been made, which is why the Court didn't order the implementation of the recommendations. They have not had adequate resources to do as well as they could have done.

Mrs. King stated that when she attended a meeting on Maui with Mr. Seitz, there was no feeling of "burying the hatchet".

Dr. Compton clarified his statement of "burying the hatchet" in that the agencies have to be able to work together. He wasn't talking about all the parties.

Mr. Toguchi suggested that the Board members read the settlement agreement because it does include mental health services. It is a wide-ranging consent decree that tells the State to follow federal law.

In response to Mr. Toguchi, Mrs. Barney stated they are working on measuring outcomes. The Department needs to work on coming up with acceptable outcomes. The monitor has his own idea of outcomes based on service testing at the complex level.

Mr. Suga suggested that matters dealing with the Hawaiian Studies and ESLL Program be referred to the Support Services Committee so the Honolulu District Superintendent can respond to the complaints.

Mr. Sakata stated that the Support Services Committee will take up Dr. Enoki's situation during executive session.

Mr. Toguchi thought the Honolulu District was going to make a presentation to the Board regarding the status of Dr. Enoki's position.

Mrs. King stated that there will be a report at the next Board meeting regarding the Hawaiian Studies and ESLL programs.

B. State Librarian

Mrs. Spencer stated they are preparing for continuing education sessions for staff with the new state librarian.

Mrs. Spencer stated Ms. Lowell will begin on August 13, 1998.

C. Other Boards, Commissions, and Councils


D. Officers and Board Committees

Mr. McMillen stated that the Public Libraries Committee will meet on August 19th.

Mr. Sakurai stated that the Student Services Committee meeting is tentatively scheduled for August 25th.

Dr. Compton stated that the Special Programs Committee will meet on August 17th, the third Monday of the month.

Mr. Sakata stated that the Support Services Committee meeting is scheduled for August 11th.

E. Board Members' Concerns

Mr. McMillen mentioned a pilot program at McKinley and Kaimuki High Schools regarding hepatitis. He would like to know the status of the pilot program, including when it began and when it will end. Additionally, he would like to know whether both schools concurred to be a part of the pilot program.

Ms. Preece mentioned a letter from Senator Kanno regarding special education in summer school and the appropriateness of weekly excursions.

Dr. Compton mentioned that everyone needs to keep in mind that the consent decree requires the Department to conform to federal law. They need to serve all students appropriately and not separate regular ed from special ed.

Mr. Sakurai asked Mr. Sakata to look into renting facilities for those who use it during school hours or on a regular basis (more than 20 hours a week).

In response to Mr. Watanabe, Mrs. Barney stated the Department is aware of the cancellation of the contract with Kapiolani Hospital on the Big Island, however, they don't have all the information on that issue yet.

Mrs. King mentioned the possibility of holding a Special Programs Committee Meeting on Maui sometime before October 27th.

Mrs. King also mentioned that the Board relaxed the 2.0 rule last year for sports where team members could practice even though they couldn't play in the games if their grades fell. The Student Services Committee could look into how the 2.0 rule affects other clubs and organizations since when they relaxed the rule, it didn't apply across the board.

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

Mr. Nakano moved and Mr. Sakurai seconded that the Board go immediately into executive session on personnel, collective bargaining, and legal matters.

The motion carried.

The Board went into executive session at 4:45 p.m., followed by a recess. The meeting reconvened at 7:15 p.m.

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

Mr. John Thatcher (Attachment A) and Ms. Sally Wilburn (Attachment B) testified in support of the Connections Program at Mt. View School.

In response to Mr. Brodie, Mr. Thatcher summarized the SCBM Council minutes between December 1993 and May 1995.

In response to Mr. Nakano, Ms. Wilburn stated she would like a decision from the Board regarding the Connections Program.

In response to Mr. Nakano, Mr. Thatcher stated there is a clause in the by-laws that if the decision cannot be made within a certain time period, the principal will have the last say. Consensus means all six segments of the SCBM Council must agree. The move to cancel the Connections Program should go through the SCBM process.

Mrs. Matsumoto questioned when the SCBM took official action endorsing the Connections Program based on the synopsis of the SCBM minutes.

Mr. Thatcher explained that the Connections Program did go through the SCBM process.

Mrs. Matsumoto stated that having a series of meetings and initiating the discussion isn't the same thing as saying who will be held accountable for the decision to go into Connections.

In response to Mrs. Matsumoto, Mr. Thatcher stated the proposal to implement was approved in May 1994.

Mr. Watanabe stated that if they had a SCBM Council meeting, there must be minutes that reflect when the Connections Program was approved.

Mr. McMillen stated the Board met with the principal of Mt. View at the general business meeting at Waialua. The principal announced that he wasn't in favor of SCBM and when asked why he took the appointment, the principal replied that it was close to home.

Mr. McMillen further stated that Connections was a fully established program for three years, and then a new principal comes in and arbitrarily cuts it off. The issue is whether or not he has a right to do that. It is not the Board's decision, but an administrative decision for the Department.

Mr. Sakurai thanked Ms. Wilburn and Mr. Thatcher for coming to the Board meeting.

Dr. Compton stated the first step is to determine what the rules and laws are so that they can have the best possible programs. The Board needs to know what is appropriate and legal.

Mr. Brodie recollected the principal saying that he was dissolving the program because it was having a divisive impact on the school. The principal felt that everyone should be treated equally. However, Mr. Brodie agreed with Mr. McMillen that something needs to be done.

Mrs. King expressed support for the program.

Mr. Suga stated they will make a decision regarding the Connections Program before August 20th. He will involve the District Superintendent.

Ms. Marcia Linville (Attachment C) testified that Information Services has been retained to supply information to the Board. To help the Board understand professional librarians, Ms. Linville provided information on the library profession.

VII.Recommendations for Action

A. Approval of Haaheo Elementary School's SCBM Waiver #16 Regarding Narrative Student Progress Reports (Committee on Student Services)

It was moved by Mr. Sakurai and seconded by Dr. Compton that the Board of Education approve Haaheo Elementary School's SCBM Waiver #16 regarding narrative student progress reports.

Mr. Watanabe called for the question.

The motion carried.

B. Approval of Kealakehe Intermediate School's SCBM Waiver #8 Regarding a Change of Promotion Requirements (Committee on Student Services)

Mr. Sakurai moved and Mr. Toguchi seconded that the Board of Education approve Kealakehe Intermediate School's SCBM Waiver #8 regarding a change of promotion requirements.

Mr. Sakurai explained that this is a two part waiver. The first part sets standards for the 6th grade. The second part increases the 7th and 8th grade core requirements.

In response to Mrs. Matsumoto, Mr. Kaneshiro stated that one of the science core requirements for 8th grade is replacing half a year of the basic prep course.

Dr. Compton supported this waiver because the school has an assistance program for students who are having difficulty in meeting the standards.

Mr. Watanabe called for the question.

The motion carried.

C. Approval of Board of Education Ad Hoc Committee Assignments (Chairperson)

Mrs. King recommended deferring this to the next Board meeting.

Dr. Compton moved and Mr. Sakurai seconded to defer this item until the next Board meeting.

In response to Mr. Toguchi, Mrs. King stated that the committee assignments would affect the two Board members who aren't present, and it may take a lot of time since the AG's are waiting for them to go into executive session.

Dr. Compton withdrew his motion, and Mr. Sakurai withdrew his second to the motion.

Mr. Sakurai moved and Mr. Watanabe seconded that the Board of Education approve the ad hoc committee assignments.

Mrs. King stated that the intent was to decide which of the two BOE operations committee they wanted.

Mr. Toguchi and Mr. Watanabe thought that they were approving the "new" committee and doing away with the old one.

Mrs. King stated they are approving the three ad hoc committees.

Mr. Sakata and Mr. Watanabe called for the question.

The motion carried.

Mr. Sakurai moved and Mr. Sakata seconded that the Board return to executive session.

The motion carried.

The Board went into executive session at 7:50 p.m.

VIII. Adjournment

First Vice-Chairperson Kelly King adjourned the meeting at 10:01 p.m.

Submitted for Approval

Executive Director

Approved by Board