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Amy Asselbaye       Grant Chun       Margaret Cox      

Patricia Halagao     Don Horner     Hubert Minn     Jim Williams  

Brennan Lee (student representative)   Colonel Peter Santa Ana (military representative) 

Lance Mizumoto, Chairperson

Brian De Lima, Vice Chairperson



Tuesday, February 16, 2016

1:30 p.m.  

Queen Liliuokalani Building

1390 Miller Street, Room 404

Honolulu, Hawaii  96813 


I.               Call to Order

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

III.             Approval of Meeting Minutes of February 2, 2016

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

      A.    Human Resource Committee Report on:  (1) Update on Department of Education investigations (Department Directed Leave (“DDL”) and Leave Pending Investigation (“LPI”)):  details regarding decision-making status of pending cases; (2) Briefing on classes of work with greatest number of vacancies and strategies and incentives to address vacancies

      B.    Finance and Infrastructure Committee Report on: (1) Update on Department of Education fiscal reports as of December 31, 2015 (comparison to budget, school food service, student transportation, utilities, Impact Aid receipts, and CIP); (2) Update on the Department of Education’s heat abatement program:  progress since January 19, 2016, update of filings with the Public Utilities Commission, and update on Executive Branch’s plan to use Green Energy Marketing Securitization (“GEMS”) to cool 1,000 classrooms by the end of 2016; (3) Update on the Department of Education’s fiscal empowerment workgroup; (4) Update on the Department of Education’s operating budget restriction for Fiscal Year 2015-2016; (5) Update on status of, process, and timeline for Committee review of Board policies presently assigned to the Committee; (6) Committee Action on the following Board policies: 500.1 Organization of the Department and 500.2 Plan of Organization, (7) Committee Action on legislation relating to Department of Education energy efficiencies, renewable energy, wheeling, net energy metering, and green infrastructure loan program and other funding sources, including consideration of the following legislation: SB 2604 Relating to a Microgrid Pilot Project for Schools, SB 2536 Relating to Wheeling for Educational Institutions, SB 2605 Relating to Net Energy Metering for Schools, SB 3126/HB 2726 Relating to Public Schools, HB 2569 Relating to Energy

     C.    Superintendent’s Report :  (1) Update on 2016 Legislative Session; and (2) Update of 2011-2018 Joint Department of Education and Board Strategic Plan

     D.    Student Representative’s Report on:  (1) December 18, 2015 Executive Committee and Focus Group Lead Meeting; (2) Hawaii State Student Council meeting on January 16, 2016; (3) secondary student conference; (4) Student Leadership Conference; and (5) John A. Burns School of Medicine’s pre-health career corps

V.            Discussion Items

     A.    Briefing on legislation relating to charter schools **new (2/12/2016)**

     B.    Briefing on legislation relating to public libraries

     C.    Community Stakeholder Presentation:  Kamehameha Schools (Kamehameha Schools' Strategic Vision and Plan and current work within the community, Department of Education Schools, and charter schools) **new**

     D.    Presentation on the Office of Hawaiian Education:  update on implementation planning for Board Policy E-3 Nā Hopena Aʻo, 105.7 Hawaiian Education (formerly Board Policy 2104), and 105.8 Ka Papahana Kaiapuni (formerly Board Policy 2105)

VI.           *Public Testimony on Board Agenda Items   

VII.          Action Items

     A.    Board Action on Finance and Infrastructure Committee recommendation concerning Board Policy 301.3, Use of School Building, Facilities, and Grounds and Board Policy 304.1, E Komo Mai  **new (2/12/2016)**

     B.    Board Action on Student Achievement Committee recommendations concerning the adoption of Next Generation Science Standards (“NGSS”)

     C.     Board Action on Student Achievement Committee recommendations concerning new Board Policy 105.14, Language in Education (ELL/Bilingual) (proposed new name:  Multilingualism for Equitable Education)

     D.     Board Action on Finance and Infrastructure Committee recommendation concerning legislation relating to Department of Education energy efficiencies, renewable energy, wheeling, net energy metering, and green infrastructure loan program and other funding sources, including consideration of the following legislation: 

Senate Bill (“SB”) 2604

RELATING TO A MICROGRID PILOT PROJECT FOR SCHOOLS.  Requires the department of education to establish an off-grid microgrid pilot project through the Ka Hei program at a school of its choosing.


SB 2536

RELATING TO WHEELING FOR EDUCATIONAL INSTITUTIONS. Authorizes state educational institutions to utilize wheeling to transmit renewable energy generated electricity to themselves at other locations, and requires the public utilities commission and electric utilities to adopt rules and tariffs consistent with the wheeling mandate.


SB 2605

RELATING TO NET ENERGY METERING FOR SCHOOLS.  Clarifies the requirements for the department of education to qualify for net energy metering. Prohibits the PUC from amending the rate structure or excess electricity credits and credit carry over terms applicable to the DOE for net energy metering. Clarifies definition of eligible customer-generator.


SB 3126/HB 2726

RELATING TO PUBLIC SCHOOLS.  To provide for air conditioning, heat abatement and related energy efficiency measures at public schools by authorizing a loan from the green infrastructure loan program to the departments of education and budget and finance, and making appropriations for expenditure of the borrowed funds, additional capital improvements and the initial loan repayment.


House Bill (“HB”) 2569

RELATING TO ENERGY.  Requires the DOE to: (1) establish a goal of becoming net-zero with respect to energy use by 1/1/2035; (2) establish microgrid pilot projects at two public schools that are civil defense shelters; and (3) expedite the cooling of all public school classrooms to a temperature acceptable for student learning. Authorizes the issuance of general obligation bonds for the implementation of cooling measures in public school classrooms.

 E.     Board Action on proposed legislation being considered during 2016 Legislative Session, including: **new**

SB 2780/HB 2205

RELATING TO CHARTER SCHOOLS. Authorizes the charter school commission to adopt interim rules. Establishes requirements for meeting minutes. Authorizes charter schools to assess fees and charges for co-curricular activities. 

VIII.     Executive Session

This portion of the meeting is a closed meeting under Section 92‑4 and Section 92‑5(a)(4), Hawaii Revised Statutes.

 A.    Briefing on pending litigation relating to the alleged restraint of special education student

 B.    Update on Department of the Attorney General’s review of the Special Education Guide for Schools:  A Resource Handbook

 C.    Briefing on proposed legislation with possible legal implications as it pertains to delivery of services to special education students

IX.                 Adjournment


* Any interested person may submit data, views, or arguments in writing to the Board on any agenda item.  An individual or representative wishing to testify should register prior to the meeting.  Testimony must be related to an item that is on the agenda and such person shall be required to identify the agenda item to be addressed by the testimony.  Each individual or representative of an organization is allotted four (4) minutes, or an amount of time otherwise designated by the Chairperson, to provide testimony to the Board.

Audio of this Board meeting will be broadcast live.  For information on how to access this audio broadcast, please contact the Board Office at or (808) 586-3334.

In an effort to reduce costs and increase public access to meeting materials, the Board will no longer be providing copies of materials for distribution.  Instead, at each meeting there will be two (2) folders of materials for public review and, effective immediately, materials can be viewed online at  For those unable to print, the Board Office will make copies of such materials at a cost of $0.25 per sheet.

Persons requiring special assistance or services, such as a sign language interpreter, should call (808) 586-3334 at least three (3) business days before the meeting.

Chairperson Office Hour:  The Board Chairperson is available to meet with interested members of the public on matters related to the BOE and public education on the day of the meeting noted above from 4:30 p.m. to 5:30 p.m. at the BOE Office (1390 Miller Street, Room 404, Honolulu, Hawaii 96813), by appointment only.  If you would like to meet with the Board Chairperson, please call the BOE office at (808) 586-3334, no later than the day prior to the meeting date, for an appointment.  If this is not possible, please feel free to email your questions and comments directly to the Board Chairperson at  Thank you.


                                                                                                         Lance Mizumoto, Board Chairperson