001foreign good afternoon welcome to the committee on education today is Monday February 6. at three o'clock P.M and hearing room 229 this meeting including the audio and video of remote participants is being streamed live on YouTube you will find links to viewing options for all Senate meetings on the live and on-demand video page of the legislature's website this Zoom meeting and YouTube live stream event will include the three o'clock pm agenda for the committee on education in the unlikely event that we must abruptly end this hearings due to Major technical difficulties the committee will reconvene to discuss any outstanding business on Wednesday February 8th at 3 o'clock P.M in this room 229 any public notice will be posted on the legislature's website I'd like to take this time to remind our testifiers that due to
002time restrictions on our hearings we will be limiting testimony to one minute per testifier per bill for people participating remotely please remain muted and video disabled until shortly before it is your turn to testify when I call your name unmute yourself and your time will begin after your minute is completed staff will mute you so that we can move this hearing along in an orderly and efficient manner thank you members committee first start on our agenda is Senate Bill 105 relating to education it changes the department of education's quarterly report requirement on autism spectrum disorder to an annual report to testify superintendent Hayashi please foreign testifying on behalf of the Department of Education the department stands on its written testimony in support of this measure thank you for the opportunity to testify thank you superintendent
003members any questions thank you and we have one written testimony in opposition from Louis Esther Schick Hawaii disability rights Center is there anyone else here wishing to testify on this measure if not members with no questions are moving on to item number two Senate Bill 816 relating to computer science education allows students to complete computer science courses as a substitute for science credits at the high school level to count towards graduation requirements requires a computer science course credit as a graduation requirement the high school level beginning with the 2030 2031 school year appropriates funds for Teacher professional development in computer science okay to testify superintendent Hayashi please good afternoon Vice chair Kim and members of the committee I'm Heidi Armstrong from the Department of Education the department stands on its written testimony offering comments thank
004you members and questions Senator Kim hi Heidi um So currently folks can do this currently you can do this without legislation we we offer computer science as coursework it is a course it can be I'm a credit bearing course but it won't be in lieu of a science credit course but you could if you wanted to feel you can do put it in lieu of a science credit course with my legislation we would need we work with our Board of Education in determining the graduation requirements and we would continue to work with them if there was a change to the current graduation requirement well the point I'm trying to make is that we don't need them the um that just piece of legislation to make this happen that if Poe and the Board of Ed
005wanted to do it you folks can do it yes right okay and then you say in your testimony that this is just one piece of the knowledge so in essence you're saying that you shouldn't do this so you want to expound some more and why correct so the department adopted the Next Generation science standards and replace the end we also have the board adopted computer science standards so replacing one with the other wouldn't be within our purview at this time because they're different sets of standards So within the standards now would it cover exactly what this measure is asking for it the ngss offers a broader scope than the particular computer science strand thank you members any other questions um Miss Armstrong my question is um what's the college entry level for science there was
006would this computer science be equivalent to a science curriculum credit at the high school level from the high school level can you repeat that when you enter College you need so many credits of science right would disqualify no any other questions remember we'll start when you say this meaning this measure or what you folks have known that that's this I'm meaning this yeah yeah thank you okay there's no other questions moving on to Senate Bill 830 relating to Emergency Medical Response this is requiring each Public Schools administration to appoint critical emergency response team members and establish procedures to respond immediately to critical medical emergencies to take effect July 1 2023 to testify Deputy attorney general and Lopez good afternoon Vice chair Kim members of the committee Deputy attorney general Agra yucci as set forth in
007our testimony the department wanted to provide some clarifying amendments if the bill is meant to include Charter Schools then the bill should be amended in certain ways and if it's not meant to include Charter Schools then we've suggested other amendments in our testimony we also suggested potential language that would address a potential liability of the critical emergency response team members um I'm available for questions thank you members question Senator medical uh response team um because they're not going to be paid you're just going to be working for the school or being provided Maybe not maybe not necessary to me to be faculty the way to harm me I don't know if that's what they're meaning to as an emergency having a school having an emergency responsible reason why I was going to ask that is
008because I know um we still covered under the Good Samaritan law um when this um as an Embrace he responding protect the people that is um responding to an uh emergency like uh either guys in CPR or they need some kind of medical help um protect them um I don't want to stray too far away from our testimony I would just say that my understanding of the Good Samaritan law is that it would protect bystanders but I worry that if this law would um basically mandate that the team members are required to act under certain circumstances and that might not protect them under the S bystander under the Good Samaritan law these things but it should have for me um prepared to be bystanders and rendering can't say whether it's better or not I'm just
009there's all the firefighters predict when they doing CPR on the infant or an elderly person and they broke ribs when they cause damage because they're machine as part of the Good Samaritan law protects them in in half of what they're doing within their within their job so I just one thing because you're seeing that there's a liability only if you are eight or you you're a volunteered another in Good Samaritan I'm not prepared to say whether or not I would apply I think I'd have to take a look at the exact wording of the statute and and to to double check but I think what we wanted to be clear on is that um we are proposing this amend uh proposed language regarding liability to um just address a potential liability concerns of what might
010be faced by the people on these emergency response teams um but I don't think that based on what I have before me I should be commenting on the applicability of the Good Samaritan statute and whether it would provide more or less um protection to the members of the team that are supporting this bill the way I read the bill is that we would be members of the the schools here we School correct so they are paid members great picture thank you further questions members thank you thank you next to testify superintendent by your shoot we lost you again superintendent yeah an improvement ah good afternoon Vice chair Kim members of the committee Colonel tugural Deputy superintendent testifying on behalf of superintendent Hayashi and the department we've submitted our written testimony we stand on it in
011support uh on this measure and we're happy to answer any questions that you may have thank you thank you members questions I have a question these individuals or you think individuals if anytime there's that kind of an emergency but there yeah thanks thanks for that question is coming um this measure actually expands and strengthens what is currently in place put some attention to it so today we have school health assistance that are designated every school they are trained to do CPR and that kind of thing the rest of the staff besides I think it's athletic directors or the athletic staff do do CPR but that's on a voluntary basis and every school is different depending on size so it depends 8 15 on a committee to respond to these things so I think this measure
012can help us to reinforce that but it is as Senator Philip said it's voluntary at this time to be CPR certified yeah I guess the point I'm just trying to make is it possible to that everybody be a CPR certified because they've been incident like this yes again if there's nobody that happened to be nearby or around to witness this or to be in the position of Hope will live oh it will absolutely help because as as we know innocence can happen at any given time so the more people or more faculty or staff that are aware of it the better off we're going to be so it's just providing that awareness of why give them the wisestorm what what value they will provide by taking a circle I just don't want it to be
013a false sense because you know at any given time there might not be anybody that can can meet that individual within the two minutes or whatever amount of time that's needed um although I want to make sure that we're not going with 12 cents I believe it's it will be our responsibility to uh to show the the value of it uh and we know that these things have changed over time and so I think it's it's up to leadership to it it provide those examples of why it's important I think for the questions remember sure the only reason I bring this up is because when I was a at that time was classified as security all of us had to be CPR certified and we all had to carry the poach or you know the
014multiple contact and all of that so it was not only trained on that and uh uh when they're responsible also of course using the stuff that they have all over otherwise about adaa whatever it is yeah now get more before it was very expensive so not only everybody could have them but um having that extra training and I know we're looking for enhancing the security back um when gradually in the pay and the classification but um I think if they get back training because that's the one's always on campus and always around more um I think we I think would be a good thing for them to be be trained for them yes and if they were trained before as you know the rules have changed so that melt them out is no longer yeah
015that's necessary so I mean that's a better appeal but unless we educate our staff that may have done it before that these are changes that may be more conducive today that that's the kind of thing we need to do absolutely thank you thank you chair thank you so Kirk um tell me again who responds now to emergencies on campus why I think anybody does but you have designated a school health assistant they they are the point for that obviously every school has a health everybody should have hopefully they're they're all filled and these Health assistants are not required to have um this this that position is required to be certified in CPR first date uh the rest are volunteered but that's why they form committees and so would you if this bill is passed would
016you be able to implement it for the next school year we hope that if this bill is passed with with additional funding the answer is yes the funding will help in additional first aid kits AED equipment where it's not there uh there is a minor what's a small maintenance fee but when you multiply it by 258 schools it'll add up so yeah the short answer is yes we can Implement how effective is it going to be based on the funding that we received so that we can expand this and as well as do the trade on an ongoing basis trading one time is good but I believe we need to do this on a periodic basis so it's always top of mind okay um if you could provide this committee with a list of what
017equipment would be needed and approximately what that would cost per school okay thank you oh what question sure Senator Kim um do you need this bill in order to do this this bill it's great no the answer is no we're doing this today but this doesn't but your ex this acts to ask for that to be extended yes so when the chair asks you whether you could Implement them and you certainly could implement it without having to measure so even if the measure doesn't pass is this something that the poe is committed to do the deal is committed to do everything okay so money could be put in the budget without a bill and you would do it thank you thank you okay moving on to the next item on the agenda I'm sorry are
018you signed up to testify sorry I don't have my list all right okay next to testify ZZ Zong Aloha kayaka chair Vice chair and of the education committee my name is Angela Melody young origin I'm testifying in strong support in a medical emergency every minute matters many schools conduct a variety of drills to assess coordination the school's crisis management functions and tabletop exercises so that emergency response teams can improve in practice the research from the legislature as provided by this measure finds that Doe currently has basic emergency response guidance there is a gap between guidance provided to administer first aid and carrying out the training and preparedness of personnel during emergencies so there's this Gap right and the purpose of this act is to supplement the dose emergency procedures to help improve responses to emergencies
019just to prepare for unforeseen circumstances in the future each School shall develop a known practice known practice and maintain communication method to activate during emergency response with their critical emergency team members and each member shall respond in good faith when activated on the U.S department of educations directory there are emergency procedure documents from other schools such as a school from California that have a very similar structure to what is outlined in the bill in the measure it is imperative to support our school's emergency response teams so that everyone can receive Medical Care in a timely manner thank you for the opportunity to testify thank you members questions of the testifier if not moving along Amanda Lee okay thank you for having me um I wrote this legislation after an incident with my son um to
020answer some of the questions I feel like that you folks are asking I spoke with Max Mendoza who's the director of safety um security and emergency preparedness for the Department of Education and he was the one that recommended I write this legislation and that it would basically require Statute in in order for it to be expanded appropriately and then funded appropriately as well there's also language in the bill that does ask that each School run drills in addition to the drills that they already run to demonstrate that they do have the capacity to respond within three minutes or less thank you thank you members questions if not Commando next to testify Rania alcoley and support keopu randitz and support is there anyone here so I'm measure to testify um I support the bill your name
021please thank you Rania members any further questions was there anyone online to testify I don't see anyone signed up no one on Zoom chair thank you okay um members there's no further questions moving on Senate Bill 289 relating to direct instructional services to students the only ones so to testify is superintendent I'm sorry did I skip one I did two eight zero I guess I ate too much lunch okay 280 relating to direct instructional services to students allows the Department of Education to create temporary positions under certain conditions amends the requirement that the Department of Education report the creation of temporary positions to the Department of budget and finance by requiring the report also be sent to the legislature to testify superintendent Hayashi hello Vice chair Kim members of the committee Keith ayashi superintendent testifying
022on behalf of the Department of Education the department stands on its written testimony offering comments on this measure thank you for the opportunity to testify members questions of the superintendent who just wanted to expelled on his comments for the General Public could you expound on your comments so the general public watching understand what it is sure thank you for the question um um currently uh SP 280 will limit the Department's Mobility on authority to create temporary positions um only to those that provide instructional delivery directly to students we are able to establish uh temporary positions for variety of reasons to advance what we do in the department in addition to instructional Services provided to students temporary positions also provide critical supports for for students and teachers one example is um for example uh related to
023flexibility and responsiveness of the um to the uh as a result of a pandemic but we were able to um established positions that was able to I think provide us flexibility to adjust and adapt to be able to react to the needs of our schools and support the schools and school staff so the um we wish to retain our ability to do that so why do you think this measure was introduced [Music] um I believe Senator Kim that perhaps uh it is a um a concern uh that uh the department um is establishing we're able to establish positions that creates flexibility for us uh the currently though uh the we're very fortunate the Board of Education just finished their strategic plan and as a result of the Strategic plan being finished uh we are at
024the next phase that was phase one phase two is not an implementation plan and that implementation plan then uh would um uh require the department to look at um part of that implementation of potential reorganization of the department and so for those reasons um we did I did established two Deputy superintendent positions to um help support an assessment evaluation of the department for us to be more efficient and effective moving forward and with that to the joke that's from the uh instructional Services I believe that those funds were not uh funds that were allocated for direct instructional services for students but technically this measure is saying that we want to enhance Direct Services and not necessarily when it's the next bill that's what that's about that um not necessarily so planting or or administrative positions
025right it's it's my understanding that um we did not utilize funds that were designated for schools to established the positions uh that was that were created so you can create temporary positions now yes have you heard what's yours what's your track record of providing temporary positions for direct student services versus temporary positions for administrative purposes um I believe we we are able to in our yes we can or uh get people to go to come up on what they are uh we are able to create temporary positions um at the school level and that allows schools to be able to adjust and um to the needs that they have unique to their individual and respective schools these would include non-instructional positions would include uh security attendance or custodial positions um office staff and and so
026forth at the complex and state levels uh we have as as an example um the ability to create uh positions as I shared earlier um to adjust the needs created on by the pandemic um I really believe that having that flexibility and the ability to adjust and uh for these positions to be able to support School level and system as a whole or really allowed us to be nimble and to be uh to be able to react and adjust to the to the ongoing needs of the department the unique needs of schools uh the basic simple question what's the what's your track record on creating temporary positions for direct students just to clarify when you say track record meaning how successful we've been or advantage of like you know we did two temporary positions for
027Direct Services and 12 positions for others I mean that there's incredible comparison maybe to to uh just instill the um I think what Senator is getting to through also is that when we're going through the pandemic we got federal funds for specific things so did we have to go to the board for those or could you guys just do it uh we did go to the board in terms of extra funding and so we were we did create buckets of extra funds that were bought approved for us to be able to respond to the needs of schools um yeah if if I may have Senator Kim I think we'll Target at my position but you know when you look at the department overall in the total FD that that's reported in the state's effort report
028right over the over the 10 years um the net effect is is the same it's it's been flat 21 800 maybe now it's 21 600 reported in terms of salaried employees right um as and as you know statement State executive branch has the ability to establish temporary positions for special projects with a specific term which is what our positions for deputies it's good for a year approved by the board but an answer to your question I think the school's my understanding they'll do it freely because they can and that's a tremendous flexibility that allows them to react at the community level without going through the state office bureaucracy um but in terms of overall FDA if you're asking are we creating extra positions the reports show that the department has had the same amount of
029total employees now within that there there are pluses and minuses administrators have gone up a bit but they're still within the four percent range um support staff come and go so the apartment has been very resourceful in terms of keeping their total ft count at the same level now obviously the dollar amounts go up because of salaries um but it's it's no different I think in terms of what executive branch can do yeah I'm not you know I'm not criticizing temporary positions I'm just wondering what if you can do it already what what this bill really accomplishes there must be some um or some reason why Direct Services to the students is specified which leads me to think that there may be temporary positions being created or non-direct services and products that's where the need
030should be and it's not whenever those bills introduced there's always some remedy that somebody feels that there's there's some expectancy or some need and it's kind of what I'm trying to find in this message yes as we know the authority is great for the Department of Education that executive branch departments don't necessarily have but this department is also huge as you're very well know um and or for two Deputy positive or three Deputy positions to manage 286 schools with that many of employees is a tremendous task for the superintendent because it's it's like a site they're running the state by themselves with all the different components whether it's education facilities right right okay I got it thank you so superintendent or Kurt either one um the Department of Education receives grants throughout the year from
031different entities Etc so for whenever you receive those kinds of Grants is it normal for you to have to hire someone temporarily to use the grants or anything required within the language of the grant that requires you to hire temporary positions I'll let chat one second foreign some grants I believe um we're able we are able to purchase positions as part of the grant whereas others may not be as flexible but there are grants that require you to have a temporary position or someone in a position to make use of the events I I believe so yes thank you members further questions if not I see um part of a chair Vos in the room and I believe um yes please I was trying to hide behind courageous yeah so I know that the board
032has just completed their strategic plan so would you like to weigh in on this conversation yes and thank you senator for the opportunity to contribute Bruce Foss chair of the Board of Education um it's kind of a two-level senator first um I understand the legislature's concern that appropriated funds should go for their appropriate purpose and In fairness to the legislature there has been some issues with rollover funds in the past um but I believe this bill goes basically too far and constrains the Department's flexibility for the reasons the superintendent says specifically in this address is Senator Kim's question here I don't think there's any you asked what prompted this it was the board's approval of two Deputy superintendent positions for 190 thousand dollars I think we all know that um and I do want to
033explain very briefly why the board did that and why I would respectfully ask this committee to consider deferring this we did that because um 289 or 280 to 280 which is the one that specifically references the board the superintendent represented that these two positions were critical to his desire to restructure the department to reorganize and to make it more efficient the board did that approved it because we wanted to support the superintendent in the best interest of our students second the board had similar concerns to what you have here and required the superintendent to come back and make a report on these two specific positions approved only on a temporary basis to show that they did in fact achieve their intended purpose to make operations more efficient and and effect restructuring specifically as to the
034chair's question the board did just approve a first phase in the Strategic plan which has our strategies our priorities and our outcomes as superintendent said the department is tasked with the challenging task of putting together an implementation plan which would include specific strategies that is to say what is the department going to do and do differently and second what are the metrics that the department is going to use to measure to make sure they're making progress for our students these two positions are critical to that effort it's a heavy lift for the department they have 160 000 students and Deputy superintendent Chun is going to be instrumental in writing it um Deputy superintendent uh odagura is involved already deeply in restructuring particularly the efforts on facilities making it more efficient that's important to short-term legislature
035has appropriated hundreds of millions of dollars that we need to do a better job of getting out the door and also long-term given the needs so given their roles in the senator to address your question I would respect for the request um that the committee considered deferring this so that these two um positions can move forward and help us with the implementation plan and second when the when they Report with the superintendent reports back to the board on whether these positions have had the intended effect we of course would be happy to share that with the legislature thank you for the opportunity to testify or offer comments thank you chair boss members questions report should be expected from this amendment um we did not specify but it was our understanding that it would come um
036essentially after the conclusion of the um the implementation plan is supposed to be approved in April the superintendent's evaluation is in May and we would expect the superintendent to come back with this report in June of this year so and again we would be happy to supply that to the legislature um when it's made and temporary positions how long is temporary uh it's my understanding I'm not the expert here my understanding is it's up to one year is that right superintendent it is of okay are the questions numbers if not thank you very much okay next on the agenda really the Senate Bill 289 relating to direct instructional services to students requires that Appropriations allocated to the Department of Education programs that provide instructional Services directly to students shall remain within the budget of programs
037which they were originally allocated and that the retention of an appropriation shall not be used by the department as a basis for reducing a program's future budget requirements to testify superintendent ayashi please check here members of the committee Keith ayashi superintendent testifying on behalf of the Department of Education the department stands on its written testimony in support of this measure thank you for the opportunity to testify thank you superintendent questions members thank you thank you I have no other testifiers moving on to the next and the last item Senate Bill 290 relating to direct instructional services to students requires that Appropriations allocated to department of education programs that provide instructional Services directly to students shall remain within the budget of the program to which they were originally allocated and that the retention of an appropriation
038shall not be used by the department as a basis for reducing a program's future budget requirements allows the Department of Education to create temporary positions under certain conditions amends the requirements that the Department of Education report the creation of temporary positions to the Department of budget and finance by requiring that the report also be sent to the legislature and I'm sure before you call the testify I'd like you is it right to assume that this bill is Affordable encompassable 280 and 281. yes that's correct oh that was scary I know the introducer wanted to make sure that we heard him superintendent please look check your Donny Vice chair Kim members of the committee chiefayashi superintendent testifying on behalf of the Department of Education the department stands on a certain testimony offering comments on this measure
039thank you for the opportunity to testify members any questions thank you may um just add a little about um yeah okay a question I mean thank you um of the efforts of uh both um Deputy superintendent Chum and Deputy superintendent of the girl um Deputy Chan has as boy chair has mentioned has been instrumental in helping to coordinate efforts between the department and the board office Board of Education Office and staff she's also uh very instrumental in working together with the board on Crafting and working on the Strategic plan as well as the Opera implementation plan um she has been also uh uh coordinating the Department's relations with the legislature she it works together with our policy Brands tracking uh a number of bills 887 bills um out of the over 3 000 bills uh
040for as one part of what she does in in working to move our department forward also at the pretty old to grow um has been very instrumental in accelerating the funding uh supports for Moe uh he has encumbered in the last month uh 80 million dollars by encompasses or where I believe we were a month ago uh less than 5 million uh he also has been working together with uh County mayor of Department of Transportation high school and working to move forward in hoping to give get a cool open also he's been layers on him with uh school facilities Authority uh with any governor's office eoel and other members of office or facilities and operations uh regarding preschool classes for the Department of Education so these two additional positions are very important to the department
041and we are very fortunate to to have them working with us thank you thank you superintendent members questions I believe that is the last of the testifiers um recess reconvening the committee on education the recommendation of the chair is to pass out Senate Bill 105 relating to education regarding the quarter report on autism spectrum disorder to an annual report is to pass as is on Senate Bill 816 oh I'm sorry why testing if you press Senate Bill 105 president Senator Richard aye and Senator five five the measure is adopted you want it to be adopted don't you I do thank you Vice chair that's why we have a vice chair it's not that she's just here for her good looks yeah right thank you Senate Bill 816 relating to computer science recommendation of the committee
042is to defer Senate Bill 830 relating to Emergency Medical Response recommendation of the chair committee is to pass with amendments we are adopting the testimony from the Department of the AG and we'll be including the recommendation to replace public school on page two line five with Department School inserting the word area on page four line two between conflicts and superintendent adding an additional subsection to the new section to address potential liability of critical emergency response team members any person who acts in accordance with the requirements of this section shall be immune from any civil or criminal liability arising from these acts except for the person's conduct would constitute gross negligence willful and wanton misconduct or intentional misconduct recommendation is Senate Bill 830 a password amendments tripled side Vice chair of what size oh I'll probably
043do this any member here voting with reservations any members president of voting no if not five members presence they are in recommendations okay Senate Bill 280 recommendation is to defer Senate Bill 289 recommendation is to defer and Senate Bill 290 recommendation is to pass with amendments including Technical and non-substantive amendments this is Senate Bill 29 passive amendments chair Bull's Eye okay Senate Bill 290 passed with the Amendments chairwoodside Vice chair votes any member voting with reservations any member voting in uh opposition hearing not all five members voting on recommendations about to share thank you the ansys meeting thank you