STATE OF HAWAII
Thursday, August 6, 1998
GENERAL BUSINESS MEETING
ATTENDANCE
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
None.
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
None.
C. Contracts
None.
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
None.
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
______________________________
GALEN K. ONOUYE, Esq.
Executive Director
Approved by Board
_______________________________
KAREN KNUDSEN
Chairperson