001welcome to the senate committee on education today we're having a joint hearing with the committee on labor culture and the arts today is friday february 11 at 3 p.m we are in hearing room 229 this meeting including the audio and video of remote participants is being streamlined 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 [Music] this zoom meeting and youtube live stream event will include the three o'clock agenda for the committee on education and the committee on labor culture and the arts in the unlikely event that we have to abruptly end this hearing due to major technical difficult difficulties the committee will reconvene to discuss any outstanding business on monday february 14 2022 at 3 o'clock
002p.m in this hearing room and a public notice will be posted on the legislature's website i'd like to take this time to remind our testifiers that due to time 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 first on our agenda sorry let me introduce my committee um to my far right is my vice chair dynamo kim to my far left is senator drew kanuha and online i have senator favela and senator dela
003cruz chair would you like to yeah i'm coming up with the committee on labor cultural arts uh myself this chair say hara is here in the room we also have senator chang senate and senator favela on mine thank you and our first um bill is senate bill 3092 relating to commercial enterprises in schools first to testify or the only testimony we have is superintendent keith ayashi please good afternoon cherokee dhani chair taniguchi vice chair mercado kim vice chair ihara and members of the committee the department supports senate bill 3092 and appreciates the legislature's support with our efforts to provide work-based learning experiences for our students student internship is an integral part of our workforce development initiative providing our students with the hands-on and real-world experiences that are critical to post-secondary and work for success the
004revenue generated from commercial enterprises will allow schools to sustain and grow their programs and to continue to provide students with work-based opportunities thank you for your continued support thank you superintendent members are there questions of the superintendent what i do have a question to the superintendent yes senator do you have a s do you have a number an estimate of how many interns there are with businesses in the last year uh curly's thank you for the question senator curley um i don't have that number but i can definitely get that to you um i understand there's a climb high um program that you folks have is that accurate and how far i want to just get a because i believe that part of that is is in turn in having a doe a student's intern
005with businesses yes um climb high bridge uh is a um is an organization organization that the department does partner with and um climb high bridge actually is is a um a process where it connects industry uh work-based learning opportunities for students from uh it could include guest speakers in the classroom all the way to internships and the different experiences uh between those two uh and climb high bridge acts as a connector for schools to um connect with industry partners sorry you're not on the gym huh so um uh there are many schools that are currently connected with climb high bridge i'm not sure though uh senator hara how many of our um students in participating in with climb high are um actively in internship programs uh but i do know that it does they do
006support schools with a range from guest speakers and work based learning all the way to internships but i definitely can find out from them um how many active internships that we have uh in the department and get that information to you because they'd be covered by this bill i think yes thank you thank you thank you members further questions if not thank you superintendent thank you second bill on the agenda is senate bill 2711 relating to education specifies additional exceptions under child labor laws to include work-based learning programs with employers to testify interim superintendent hiyashi please good afternoon chair kidani vice chairman of kim chair tony gucci and vice chair zara and members of the committee i am tera ushijima interim assistant superintendent with the department of education testifying on behalf of interim superintendent ayashi
007the department supports the intent of sb 2711 but defers to the department of labor and industrial relations in regards to the legal implications this measure could have on current labor laws thank you for this opportunity to provide testimony on sb2711 thank you next to testify director from dlir ankura estakio vice chair mercado kim and vice chair ihara as well as the members of the folk committees the department stands on its written testimony in opposition to this measure as it removes the statutory protections for child laborers i just want to point out that the current statute does not prohibit the expanded exemptions sought in this proposal but does require work permits and limitations of age hours and total time for these underage individuals and i'm here for any questions thank you thank you director next to
008testify david miyashiro testifying as executive director for hawaii kids can david aloha chairs vice chairs and committee members hawaii kids can support sb 2711 hawaii has a strong interest in students having career readiness and employability skills sp 2711 does not take hawaii out of the mainstream of state efforts or out of compliance for example delaware has exceptions for programs like work study student learner or apprenticeships where employment is procured and supervised by schools or by a federal or state monitored apprenticeship program similarly the federal government does not require work permits or proof-of-age certificates for a minor to be employed under sb 27-11 the relevant work-based learning experiences are official school and dewey programs which provide ample oversight and protections and cte programs of study already include coursework and multiple iterations of safety training the humble
009request for the build and move forward with amendments thank you very much thank you david next to testify trevor or missoula for the chamber of commerce hawaii trevor please thank you chair vice chair members of the committee trevor zero chamber of commerce hawaii we stand in support of sb 2711 after hearing from a lot of our business community that are wanting to participate in work-based learning and internship programs there's just a lot of red tape in the way currently and this bill would help fix that and i echo a lot of david's testimony and we stand in support thank you thank you trevor members that concludes the oral testimony are there any questions for our testifiers any questions um director estacio yes chair can you go over your testimony one more time and um be
010clear on the reasons you oppose this yes so in the current statutes the current statutes do not prohibit what they want the outcomes to be where these individuals who are minors can perform services with the exceptions that they're proposing what it does still require though is the employers to get work permits so a registration and a permit and individuals who are under the age of 16 so 15 and 14 there will still be limitations on the hours that they work so there would still be some oversight for these miners but they could continue they could perform the services that this exception wants them to perform as the statues are currently and how long does it take to get uh the permit required i can have um our wage standards division answer that question yes so
011they're saying that you can get that um permit the same day that you come in for it online or you can do it online chair thank you for that members for the questions thank you senator chair of tonight please yeah thank you um just a quick question for ann um i guess in reviewing the bill i guess my staff felt that um the language is currently drafted exempts all these uh vocational apprenticeship programs from all child labor laws and so i think what we wanted to do was kind of make amendments so that we can place the vocational apprenticeships within the child labor laws and still have basically the bill that we have now is that your understanding that's correct chair it would accept all child labor laws for all minors that perform under that
012program right our concern is that we the the statute allows them to perform this service now so if we made that amendment i think would you be willing to withdraw your opposition i guess could you explain the amendment to me again sorry chair um would um amend the definition of youth vocational training program or internship in hrs 390-1 and also meant to insert news a new subsection to hrs 390-2 for youth vocational training programs or internships apprentices validated under federal state law and minors who complete a vocational or career education program approved by the doe so you would remove the requirement for registration and permits and to oversee the hours of miners under 16. correct um then it would take away the protections that we sold value as the department of labor to make sure
013miners are protected it does not mean that they cannot perform these services yes um we would want to place the vocational apprenticeships within the child labor laws so that we wouldn't be exempting these apprenticeships from all child labor laws right so that would be i guess a policy call on whether you wanted to remove the requirement for just the apprentice program that they would not have to be permitted or registered and those under the age of 16 their hours would not be monitored or regulated um i thought we sent you a draft do we note that okay sorry we should have done that um okay there we would be in favor if it did not remove the requirement for a permit or a certificate um and that those at under the age of 16 there
014would be um oversight of the hours that they work okay we'll try to draft something along those lines thank you chair thank you for the discussion okay moving on to that was two builds i'm going to the breakout room please recess convening the committees on education and labor culture and the arts the recommendation of the chairs will be to pass out senate bill 3092 relating to commercial enterprises in schools to pass as is shared votes eye the recommendation is to pass out senate bill 3092 unamended the chair votes i voice your vote side senator de la cruz aye senator kanoha senator favello hi all members president voting on affirmative recommendations adopted thank you and for committee on labor culture and arts um same recommendation um senator iahara we're voting on for members of the community
015and labor culture in the arts we're voting on the chair's recommendation to pass senate bill on amended chair taniguchi aye senator hara vice chief of side senator chang hi senator kyo kaloli aye senator favela aye accommodation is adopted thank you and for senate bill 27-11 relating to education after the discussion the recommendations of the chair is to pass with amendments amendments would be to remove the youth vocational training program or internship from the exceptions subsection add that instead as a definition under also add youth vocational training or internship as defined under 390-1 as an allowable employment opportunity under 390 dash and 4 will defect the date to july 1 2050 for further discussion as we move it on to the next committee and we also have a couple technical and non-substantive amendments members questions if
016not recommendation is to pass 27 11 with amendments chair of education votes eye chair of education votes eye on senate bill 2711 to pass with amendments vice chair chairman sai uh any members uh senator de la cruz canoe favela voting with reservations or in opposition hearing none all five members voted affirmative thank you for the committee on labor culture and arts chair thank you same recommendation sorry any any reservations objections to the chair's recommendation past senate bill 27-11 with amendments hearing none the recommendation is adopted with all members present thank you that concludes this hearing thank you thank you very much we are convening the committees on education and committee on higher education it's friday february 11 3 15 pm we are in conference room 229. personal agenda is senate bill 2142 my committee members
017are to my rights senate um senator donna mercado kim my vice chair and online i have senators favela and donovan de la cruz and to my left i have senator drew kanuha and for the higher education committee myself as chair my vice chair is senator kidani on zoom i have senator favela and i thought i saw senator wakai but i'm sure he'll join us later thank you all right so starting with senate bill 2142 relating to computer science allows department of education students to fulfill world language fine arts or career and technical education graduating graduation requirements with computer science establishes a scholarship at the university of hawaii to encourage encourage students majoring in education to take a computer science course requires uh to establish computer science pathways for students majoring in education requires teacher licensing
018and certification to include computer science and appropriate funds first to testify senator i'm sorry interim superintendent it's been a long week good good afternoon chairs and vice chairs kidani and mercado kim and members of the committee i'm terri ishijima interim assistant superintendent with the department of education testifying on behalf of interim superintendent kipayachi the state department of education supports the intent of sb 2142 and respectfully offers comments on this measure relating to computer science the department supports a measure to allow computer science to fulfill up to two credits of world language fine arts and career technical education as part of the high school diploma credits however the department considers computer science as a separate subject area from those subjects mentioned earlier and believes that adding computer science to the list of subject area options may
019be more appropriate than as a replacement in addition the department will need to seek approval from the hawaii state board of education to revise the graduation requirements and request that the implementation date be extended to school year 2023 to 2024 or the graduating class of thank you terry for your testimony moving on yvonne law interim executive director for hawaii state public charter school commission yvonne please not present chair thank you in support nathan morata dean college of education good afternoon hi good afternoon uh chair kidani chair kim and members of committee nathan morata dean for the college of education at the university of hawaii at manoa we're in support of the intent of sb 2142 relating to computer science the university of hawaii college event offers comments within our written testimony and i'll be available
020for any questions thank you thank you very much dean morocco osatui junior president hsta aloha laverne moore speaking on behalf of osa tui jr president of the hawaii state teachers association while hsd supports this bill and its goals we respectfully request one amendment to the bill under section five of the bill on page six line nine cross out the word include and insert offer for we don't believe curriculum requirements should necessarily be set in statute but instead offering them at the university to provide incentives and opportunities for our students and teachers in hawaii to excel in computer science the hsd asked your committee to support this bill mahalo thank you laverne kate hendricks president testifying for code.org not present chair thank you celeste endo individual celeste there aloha chair kidani chairman carla kim and members
021of the education and higher education committees as a computer science teacher here at queen ka'ahumanu elementary and a parent with a son at kalani high and daughter at uh manoa i encourage your support of sb2142 my son from a very early age showed a keen sense of creativity he would tinker with legos and as a toddler would imaginatively build all kinds of intricate lego designs just like yours at home he learned coding and robotics in elementary yet when he got to middle school didn't have computer science experiences at kalani he is learning computer science yet doesn't feel confident to see to continue after this year we can close these huge ladder gaps in learning computer science by providing pathways and incentives for pre-service teachers and hawaii school high school students mahalo for your consideration now
022is the time let's go hawaii wow that's the most exuberant testimony i've heard in such a long time thank you so much celeste and thank you for being a teacher that concludes our oral testimony and we have uh 23 testimonies um all in support or offering comments moving on senate bill 2-3 any questions oh sorry any questions i do i'm late for you playing it sir any questions so dean morata yes hi i just wanted to find or ask you i know you provided comments but um do you feel that this bill or any bills of this nature is meddling into uh and we're trying to take over the role of the border board of regents uh no i don't think it's uh cons i don't i wouldn't consider it meddling i think that um
023we are very serious about we've had we have faculty that are actually working on creating and have collaborated already with its ncs on developing computer science tracks and add a field for licensure already so uh we've been you know focusing on this particular area for quite some time already okay so as long as you guys agree with what it is we propose then it's not meddling but if you guys don't agree then it's meddling um no no i i i think um you know i i i we're fine with this particular bill no i'm trying to make a point here because when uh agrees with something then we're not meddling but if you if you know we put in things that you guys don't agree with then we're meddling we're overstepping we're we don't know
024any better and why are we telling the university what to do so i'm just trying to get some consistency here because um you know it's very frustrating for us especially when these recommendations come from the university themselves we put it into a bill that we get accused of uh you know overstepping our boundaries uh going over the constitution or the um the constitutional whatever that they the union state so i just want to make sure that as you guys come forward that you guys are consistent yes and uh in addition to myself the uh the provost provost bruno has also i see that and that's another reason why i bring it up thank you okay thank you thank you further questions [Music] if not thank you for the testimony moving on to senate bill 2359
025relating to the university of hawaii i think i have the lead on that madam chair yes okay and we will start with um kitayashi superintendent this requires the university of hawaii to establish in each county k-12 expanded teaching cohort programs for students who are pursuing undergraduate degrees in education requires interim reports prior to the regular session of 2023 2024 2025 and a final report prior to the regular session of 2026 and repeals 12 31-26 superintendent good afternoon chair kadani chair mercado kim and members of the committee sean bacon interim assistant superintendent for the office of talent management testifying on behalf of interim superintendent keith ayashi and the hawaii state department of education the department's department supports this measure and sees this as an additional avenue through which we can increase our teacher workforce thank you
026for your support and the opportunity to testify thank you next is laverne moore from hsta aloha uh laverne moore speaking on behalf of osatui president of hsd certainly our aspiring teachers need more support with respect to availability of courses throughout the uh system particularly on the neighbor islands it should also be noted that the existing grow your own program could be expanded to perhaps reach the same goal hsta feels it's important to point out that at the heart of our teacher recruitment and retention difficulties is the fact that teachers in hawaii are dramatically underpaid when cost of living is factored in with many taking second and third jobs to provide a more structural support for teachers and aspiring teachers in hawaii the hawaii state teachers association asked your committee to support this bill mahalo for
027the opportunity to testify thank you laverne and nathan murata from the university of hawaii uh good afternoon cherokee donnie cher kim and members of the committee uh the thank you for the opportunity to testify in support of sb2359 relating to the university system to establish an each county of k-12 expanded teaching co-op programs for students who are pursuing undergraduate degrees in education we do stand by written testimony and i am available for any questions thank you okay thank you that is all that we have that is testifying via zoom or in writing so with that members any questions no again dean morata just want to get this on the record so this measure requires the university to establish in each county k-12 expanded teaching cohort programs correct that's correct okay and so you guys are
028okay with us requiring you guys to do that we are we are anticipating getting out to the neighbor islands as part of our strategic plan yes okay so we're not meddling right you are not meddling okay thank you you can expect that question from me consistently from now on actually i do have a question does this um bill allow the expansion to be through that grow our own program uh no no the uh to grow our own is is well i mean we'd love to expand the program correct yes um but we use that the grown as the uh the catalyst as to how we can then promote the recruitment on neighbor islands uh with our potential candidates there so okay but are you saying that this would this bill would require separate funds then
029yes okay thank you thank you and the funding would come from your funding mechanism or where does the funding come from uh that is yet to be determined by whom by the university by the i don't think the legislature by at this point i believe it's the legislature yeah but there's no money in this bill right is there money in this bill i don't see any um i i don't see any um funding mechanism or money you know this one has to move on to wham so maybe um before it gets to ways and means uh maratha if you want to uh um let the chair kim know what you think would be the required amount for this it would be um helpful so that we can try and get the funding we'll do thank
030you thank you okay uh that's it then senator i'll turn it back over to you senator chidani okay we're now on senate bill 2636 relating to civil rights specifies additional forms of discrimination and other prohibited conduct under chapter 368 dhrs requires covered entities to adopt written policies and undertake other specified enforcement actions no later than 1123 requires annual reports to the legislature to testify um laurie tanigawa deputy attorney general please good afternoon lori tanigawa deputy attorney general the department submitted its written comments um which we appreciate that we need consideration of and i'm available if there any questions thank you lauren from superintendent tayashi please good afternoon chair kidani chair mercado kim and members of the committee sean bacon interim assistant superintendent of the office of talent management testifying on behalf of superintendent hayashi and
031the department of education the department stands on its written testimony providing comments on this measure we thank you for the opportunity to testify and i stand by ready for any questions thank you sean next to joseph ivan executive director of white state public charter school commission not present chair thank you testimony and support next jan govia vice president for administration university of hawaii good afternoon chairs kidani uh and donna mercado kim um this is jennifer rose on behalf of the university of hawaii we stand on our written testimony in support of the intent of this bill and i'm available for questions thank you jennifer next william hoshido chair hawaii civil rights commission hello and members bill hoshido presenting the testimony of the hcrc in support of senate bill 2636 the biden administration usdoe has made
032a commitment to to interpret title ix prohibition against discrimination on the basis of sex to include discrimination in the form of sexual harassment including sexual violence and to include discrimination on the basis of sexual orientation or gender identity this reverses the trump administration usde regulations undercutting such protections yes shifting federal usdoe interpretation of title ix protections highlights the need for strong state law in this area the state law should expressly prohibit discrimination on the basis of sexual orientation as it does in our other state civil rights statutes i'd like to call your attention to the amended section hrs section 360 thank you bill next to testify yankee overly policy chair for aauw of hawaii uh good afternoon territory and members of the committee thank you for this opportunity to testify in strong support of sb
033i stand on our written testimony but want to take a minute to express a concern during the hearings of house bill 1775 theoe and uh to express the concerns regarding the expansion of the destination i request that you consider the risk of not expanding the definition with the limited definition of what sexual harassment is under the new title ix rules we risk many sexual harassment reports being thrown out i sent you chair kidani and turkey on email with additional information on california centerfield 493 which is an example of a potential compromise mahalo for your consideration and i'm available for any questions thank you next to testify lynn costellis matsuoka associate director for sex abuse treatment not present chair thank you next to testify yonggi overleaf as an individual it's the same i won't take another
034minute thank you very much yankee that concludes our oral testifiers we do have a number of written testimony um mostly in support and a couple with comments next item i believe is george here kim um i have a question oh sorry questions from university of hawaii hello chair hi um can the university do this now do you need this measure can we do are we able to to implement it right is that the question or right can the university do this requires covered entities to adopt written policies and undertake other specified enforcement actions no later in january 1 2023 so um are you folks uh able to do this without any kind of legislation um yes we are we have we have policies in place so we are we are able to um you know
035if the question is around policies and procedures or um notification of title ix rights we we are doing that already we have the capability yes yeah i'm asking because i don't know why you folks don't do it i mean why do we need a measure and a bill uh to force you to do something when you are already have that ability to do that oh i think that we have actually been working you know closely with you know the women's legislative caucus and the legislature over the years to because we all care about title ix and it we share the same goals so i'm not sure as far as you know the why um the question of why it has to be done um i think that you know there has been some concern around
036reporting requirements and i understand them um but the policies are are there and i understand that there are always external stakeholders you know who care deeply to ensure that title ix is being implemented you know in its in its true spirit and intent so i'm not sure if that answers your question properly but well i'm just concerned because i've heard from the women's caucus i've heard from representatives who have met with uh and feel that they have not acted timely they have not they've dragged their feet on this they've consistently asked for updates as to what's going on which is why we have this kind of measure in this bill when they're not doing it and again it bothers me that i consistently hear that we shouldn't be meddling and we shouldn't be interfering and
037yet you guys don't don't act timely and so when we do exercise our oversight but these are areas that you folks can do already so i'm not sure why you're not you know taking on the responsibility and then force us to have to implement um statues like this i well i would say that you know respectfully we i don't feel that there has been dr dragging a feat in terms of updates um i think in terms of you know being transparent about reporting and um how we are doing there's some of that that's listed in the testimony um you know transparency around the prevalence um and ensuring that students are aware of their rights i think those are data points that we have always shared and that we actually welcome you know the legislature and
038external stakeholders and community members to have more conversations about how we can improve programming um but so i think it is a really i understand your question it is really broad and i'm speaking as to the policies and the specific need of of what bill which i understand is around legislating a policy and also reporting requirements so i think from my own experience i feel like that commitment has been there and that there hasn't been any hiding and i always welcome i i mean i feel that i have had a very strong relationship with the women's legislative caucus and i always welcome more um you know collaborative um work to effectuate something that it is so important i mean particularly in this the 50th year um of title ix so i i mean if there's
039anything specific i'm i'm hoping i'm answering your question but if there's anything specific i mean i i appreciate your answer but i'm just sharing with you that i got a visit from a key member of the women's caucus specifically about this issue specifically about having met with the university and that having them dragged their feet and i was asked as the chair of higher education to see that we can't get more action from the university and it just uh bothers me that we have to take these kinds of measures and when we do then we get criticized um for meddling which is is our oversight so um i think you should talk more closely with some of the representatives in the women caucus and with the university of hawaii because they actually met with the
040president and that's why i got the call where i got the visit so i am speaking directly from them and i just raised these concerns so thank you very much for being hi thank you members for their questions if not moving on and the next one is actually my deal bill 214 relating to student journalism establishes freedom of press protections for student journalists producing school-sponsored media or university-sponsored media unless subject to certain exceptions to testify interim superintendent kitayashi please good afternoon cheers kidania mccarthy members of the committee here i'm terry shijima again interim assistant superintendent testifying on behalf of interim superintendent keith hayashi we stand on our written testimony and respectfully offer comments on sb 214 the department of education strongly values student voice and encourages students to be fully engaged in their own learning
041including civic engagement the board of education currently has two policies that directly address this topic of the bill board of ed policy 101-1 student code of conduct and board of ed policy 101-9 schools sponsored student publications so given the expanded opportunities to promote student agency it's critical that all schools continue to balance the intellectual and social development of their students with freedom of expression thank you for this opportunity to testify on sb 214. thank you terry next laurie tanigala deputy attorney general good afternoon lori tangawa deputy attorney general the department submitted its written comments which we appreciate these committees consideration of and i'm available for any questions thank you lauren next also a junior president testifying for hsta laverne moore speaking on behalf of osatui junior president of hawaii state teachers association the association supports
042senate bill 214 relating to student journalism for it gives them additional protection against censorship and advisors need additional protection against retaliation for refusing to illegally censor student journalists the board of ed has a policy regarding this issue policy is a frame for achieving certain goals this law sets standards principles and procedures that must be followed in hawaii in regard to student journalism and implements justice in our society hawaii needs a law that protects the first amendment rights of student journalists and allows them the real world learning that comes from making the decisions that must be made to produce a student-run newspaper we support this we urge you to support it too mahalo thank you laverne next to testify hillary davis testifying for student press law center hillary davis not president i apologize no i am
043present i apologize i appear to be unable to start my video um there we go hillary davis with the student press law center in washington dc we've submitted our written testimony and i am here to uh urge your strong support of the bill but mostly to answer any questions that you may have about the bill about how it's received in other states and any of the technical questions that you may have thank you very much for your time thank you hillary that's to testify cynthia reese individual thank you for the opportunity to testify today in support of sb214 my name is cindy reeves i'm in my 10th year advising mckinley high school student newspaper those of you who are on this committee in spring 2020 might remember passing a version of this bill it died
044in its sixth and final committee because covet hit this year you will see and hear testimony from a different set of students students who have taken on the task to among other things tell the community how their school is coping with a pandemic a principal leary of bad press might find a way to kill such stories current law and policy make censorship pretty easy is this the environment we want our young people learning in hawaii is not alone in this pursuit new jersey just became the 15th state to pass similar legislation i asked it today like in spring 2020 you passed this bill thank you thank you cynthia next to testify jerome linear owens please my name is jerome lanier speaking in support of sb2114 i am in my second year as a journalist at
045mckinley high school in new writing class have been taught press press law news value and journalist journalism ethics we are very lucky at mckinley that our principal and our advisor understand and want to help us grow as journalists even if they don't agree or like what we write so as long as we do it ethically but that's but that's here at mckinley i want all student journalists protected schools are supposed to help prepare students for the future how is letting administrators censor articles that they don't agree with helping our future journalists this bill will create better education and better democracy thank you jerome next to testify shane conniciro hello can you hear me yes okay so um thank you committee for letting me classify today my name is shane khan show and i in my
046second year as a student journalist at mckinney high school i support senate bill 2-1-4 the pinion is currently 101 years old student journals in the past have written about major historical events they wrote about the truth from a student's perspective we're doing that now too even if it's controversial last year i wrote an article about the resolution to change the name of mckinney high school i am proud of that article and i learned a lot too our current laws would allow a principal to search a certain article because it's too controversial luckily our principle does not do that however this not might be true for at other schools that's why this loss matters please support this bill thank you thank you shane that concludes the oral testimony we had a number of custom written testimonies
047um all in support or with comments members questions oh you have a question or for one of the students either shane or jerome so if in fact you write an article that not so much controversial but could be infringing on another student's rights or say a faculty rights who in this bill would then be able to decide that i mean who decides whether or not that article could be written is it explicit in the bill i mean is there any checks and balances um so for our staff we have an advisor who always looks over our articles and to we in the beginning of the year we always revisit the laws of journalism we make sure that we we we don't harm another person and with with an advisor it's an extra step of precaution
048that was protect other students we generally do not write about um bringing somebody down especially another student okay but what happened if if if a reporter gets zealous and do write something like that can then the advisor then make the decision that you're not allowed to print it or publish it well so what happens at our school we um we always we always look at each other's work we never um if somebody comes up with something that's you know this never happened before at ours because we always look over each other and we always share our ideas but what if that does happen then is does advisor have that right under this bill to then um either have you change some of the things in the article or um so advisors is just there um
049they well they would tell us not to write about it it's not like it's not like the principal will censor it because the principal will just censor it even though we've written it we usually have to tell the advisor what we're writing before we can even write it or even publish it okay they have the advisor would have that ability to do that yes just yet okay jerome did you have something to say jerome you had something oh oh we know about the the laws of the yeah okay but i mean you know even adults know the laws and they break it sometimes so yeah i'm just wondering you know to make sure that uh that oh we haven't don't get violent uh yeah thank you thank you further questions members thank you that concludes
050the drills in this agenda we're going to uh resist okay reconvening the committees on education and higher education for senate bill 2142 recommendation of the chair is to pass with amendments taking the amendments offered by charter school commission to clearly include the public charter schools and their teachers and we will also defect the date to july 1 2015. uh to pass 2142 with amendments chair votes aye chair's recommendation for the committee on education on sb2142 is the password amendments chair votes i senator kim aye senator de la cruz i i vote i senator favela reservations for senator favela chair you have five eyes your recommendation is adopted thank you okay for senate bill 2359 uh the recommendation is 2142. well i'm sorry our company has to vote on 214 as well it's friday afternoon i
051don't know what chair wants to have a healing on friday good thing drew is here same recommend recommendation for higher education on 2142 to pass with amendments chair vote sign chair's recommendation for higher education on sb2142 is to pass with amendments chair votes i uh vice chair kidani aye senator keith agaron is excused senator wakai is excused uh senator favela reservation reservations for senator favela chair you have three eyes and two excuse your recommendations adopted thank you that's why we're having uh senator kanoha take the vote because both myself and senator kidani have to take it for each other and it gets very confusing at this point okay we are now on senate bill 2359 which i try to vote on earlier uh the recommendation is to amend with technical and non-substantive amendments and to
052put into the committee report because there is no appropriation in this bill and so in order to implement it they may need an appropriation and it does go on to ways and means and we do have our ways and means chair here and so we will put that in the committee report so any discussion if not share votes i on for the committee on higher education on sb 2359 chair's recommendation is to pass with amendments noting the excused excuse from senator keith agaron and senator wakai three other members president are there any with reservations any in opposition chair you have three eyes to excuse your recommendations adopted thank you thank you and for the committee on education same recommendation chair votes eye on the committee on education chairs recommendation sb 2359 is the password amendments
053uh noting all five members present any with reservations any in opposition share your recommendations adopted thank you moving on to senate bill 2636 relating to civil rights recommendation of the chair is going to pass to be passed with amendments we're going to insert amendments to match the house draft 2 of this bill's companion which is hb 1775 and also to add some technical and non-substantive amendments members questions if not your votes eye share's recommendation for the committee on education on sb 2636 is the past with amendments noting all five members present are there any with uh reservations in opposition five eyes cherry recommendations adopted and for the committee on higher education senate bill two six three six same recommendation passed with amendments discussion hearing unsure what time chairs recommendation for the committee on higher education
054on sb2636 is the password amendments noting three members president and senator keith aguran in wakay excuse are there any reservations any opposition chair three eyes your recommendations adopted thank you thank you and for the final bill senate bill 214 uh relating to student journalism the recommendation of the chairs the password amendment taking the amendments from the attorney general's testimony to correct the type one page is on page three line three and page seven line five also taking the amendments from office of information practices to clarify issues of privacy and also to defect the date to july 1 2050 share both sides on the committee on education shares recommendation sb214 is passed with amendments noting all five members present any with reservations any in opposition share five eyes recommendations adopted for the higher education committee senate
055bill 214 same recommendations passed with amendments discussion or non-share vote sign shares recommendation on committee on higher education sb214 is the password amendments noting senator keith agaron and senator wakai as excuse other three members present any with reservations any in opposition chair three eyes your recommendations adopted thank you and that concludes this agenda do you have one more yes thank you for joining us this is the committee on education friday february 11th 2022 3 30 p.m conference room 229 and i'd like to take this time to remind our testifiers that due to time restrictions on our hearings we will be limiting testimony to one minute per testifier per bill thank you first bill senate bill 3296 relating to sports designates sports as being co-curricular activities requires the department of education to submit a report on
056the cost of implementing sports as co-curricular activities testify intern superintendent hayashi please good afternoon again kidani and vice chairman proud of him and members of the committee teri ushijima interim assistant superintendent for the office of curriculum instructional design testifying on behalf of interim superintendent kitayashi and the hawaii state department of education the department stands on our written testimony providing comments on this measure the department agrees that there are benefits to participating in athletic activities but would defer to the various athlete leagues and hhsaa for particular definitions to least impact the decisions related to competitions thank you for your support and for the opportunity to testify thank you terry next to testify chris chun executive director hawaii high school athletic association um cherokee donny vice chair kim committee members thank you for considering my testimony in
057addition to what i s what what was submitted i would like to add the following i was able to reach out to the other 49 state high school athletic associations and inquire how high school athletics are characterized in their states and i did get responses from 39 of them only four of them used the term co-curricular when describing high school athletics however in all four of these states this is for semantics only they are still treated like and considered as an extracurricular activity even in these states most states that use the term extracurricular are extremely wary of using co-curricular when referring to high school athletics for the reasons outlined in my written testimony as to the remaining 10 states i did not receive a response from them but the national federation of high schools does
058not know of any states that offer state championships where athletics is part of the curriculum if you have any questions i would be happy to do my best to answer but that is why i offer my position in opposition to this bill thank you chris next to testify kevin chang not present chair gary okuda thank you very much chair kidani uh this is gary okuda uh i would like to add to my written testimony and i'm speaking only as an individual even though i've served five years on the state land use commission and i'm finishing up my last three years of my term i've learned one thing we in government we've got to keep an open mind we've got to stop saying we can't do it because it can't be done or it's never been
059done that way or or you know what it's it's something outside of what we normally do in our kuleana frankly speaking we in government should welcome criticisms even if it might hurt our feelings even if it might be considered meddling what this bill does is just a little short step in trying to reach students who this pandemic have left behind athletics creates learning opportunities and that should be incorporated by the department of education we need to do things differently in this community we're truly faced with a situation thank you gary for your testimony next to testify for my kai ke avi you're muted in an article that was published by the nfhs which chris just mentioned it's an organization that our coaches are currently required to receive training from executive director dr nihoff outlined the
060importance of education-based athletics traditionally referred to as extracurricular she stated that students involvement in these programs is connected to education in the classroom and the term co-curricular makes a huge difference in connecting activities to the classroom and supporting the concept of education-based activities completing that process through these activities students learn teamwork fair play self-discipline and how to handle competitive situations they also promote mental and emotional health and wellness the schools have been urged by the nfhs to recognize that they're a crucial part of the overall education process and to be called co-curricular as our elected representatives i urge you to help us offer a gentle nudge to our leaders to support this bill and change our look on statewide high school athletic programs thank you um next to testify evan williams present chair thank you
061next to testify brandon keenan um thank you i'd like to take the opportunity to extend to welcome to the chair and the vice chair and thank you for giving this opportunity a couple things i'd just like to hit on i was going to go over my own learning experiences with athletic and and how i went from high school athletics into the marine corps and how all those challenging situations taught me lessons and also helped me strive to be the person i am today i just want to say that this thing that we're proposing is already being done at punahou and most if not all the private schools here on the island and if if we want what's best in our public schools to have the same opportunities as the youth in private school then you
062know we're not reinventing the wheel we don't have to figure this out over again there's more than 50 percent of the students here in hawaii are athletes so that's the impact it's going to have and we don't have to follow other states you know here in hawaii we're known for setting the example for the rest of the other states in other areas why not this one thank you thank you brandon next to testify david to topi david you're muted it's kavika now aloha chair and vice chair thank you for this opportunity to testify i would like to um echo what was just shared uh by mr keenan in that other private schools are already doing this in addition to uh higher education colleges and universities are providing uh credit for those of participating in collegiate
063sports so with that said um as a high school coach uh uh official referee and also as a member of the community participating with student athletes getting ready for uh their national letter of signing um intent they um i like to express that not only are they learning um the teamwork and self-discipline and life skills but they're learning citizenship citizen requires um yielding to authority following directions working in a team environment uh leadership in leading their peers taking on responsibility from coaches to lead the team so i'd like to add to my thank you david connie david satophy hello chair hello vice chair thank you guys for the opportunity um you know this discussion of what we're having with this bill wouldn't be here if it wasn't for this pandemic um you know this entire
064time this pandemic has gone on you know we we have moved um in the most unusual ways done the most unusual things and we've we've justified that because of this pandemic and because of this unknown situation the one group of people that's been left behind entirely has been our kids and in this sense you know we were the you know we're we're the first state to actually put our kids up to be sacrificed as the first group of people to be mandated and vaccinated and you know it's it's it's just it's just trying to bring up the the um idea of like what is our priorities and so this focus is really on education educating the kids this is education in sports not of sports when it comes to competition that naturally comes and and
065and but that's not the most important part the most important part of this is an opportunity to really help them mature our kids and to give them a chance to prepare them to be um the good citizen that that they are but this is focused on [Music] thank you david next to testify zach odom not present chair daniel rich yes thank you chair and thank you committee for hearing my testimony and adding to it uh two coaches coach taylor and coach taylor one broke my life one repaired my life the one was when i was 10 the other one was a high school coach the way they walked alongside me and modeled life and life to a full was amazing and uh it's a moment where kids put their phones down they listen to their
066kupuna uh and right now that is being stewarded by a lot of men and women who are giving very little bit of their time they're extra they're sloppies and if we went forward with this we could actually focus on curriculum a change in the culture of sport here a change in expectations and boundaries set by coach for coaches that would increase the quality of education throughout the school completely and for many of our young athletes that will go into blue collar jobs so this is a significant change in our mindset that's very important thank you daniel next to testify assai gilman hello akako i'm in support of this bill the focus should be as mentioned by coach david tatoffi education and sports and not education of sports my name is coach assai gilman i ran
067a successful education first not-for-profit organization for many years as an executive director helped six thousand families or more i have seven children five other seven children participate in high school sports as a former college football coach with a lot of years in coaching and high school sports i taught principles of character and leadership skills for purpose of building the whole person extracurricular means education of sports this means that sports is only taught for winning i view education in sports as a co-curricular this means it's not just about winning it's about developing developing the whole person in the classroom the field and the court is the classroom i have a son who plays football in the nfl he will tell you that the sport doesn't define him and it's not of him what he would tell
068you it defines him by by what he is is right now he's the whole person um this bill is not replacing thank usi next to testify darren ogino hello cherokee dani vice chair mercado kim and members of the committee my name is darren oguino i do not belong to any education association nor do i have any experience with legislation i am a former public school athlete and a 1997 grad from carmike high school today i'm adding to my written testimony and i also run several successful small businesses on the island of oahu i'm speaking in support of senate bill i attribute much of my success in business and success as a supporting husband and father from the lessons i've learned on the field and the court running a business is just like playing sports it
069challenges challenges your mental toughness you learn how to humbly win and you learn to lose with grace you learn to adapt and strategize it requires you to work as a team to accomplish a common goal there are many more skills learned from the sports that become life skills these essential skills should be a part of one's curriculum mahalo for your consideration thank you darren members that concludes the oral testimony but we do have a number of written testimonies mostly in support members are there any questions of the testifiers i have questions okay oh i'm not sure who even to ask this question of perhaps to the department of education marayushijima please yes i'm i'm here vice chairman so there are some issues raised in the hawaii high school athletic association's testimony regarding if signed into
070law this bill would create a ripple effect of other school-based activities falling under the same co-curricular designation including student government service club speech debate music arts driver's education among others so that's the first can you comment on that so um yes actually when you know we take a look at our existing policies uh our policies do not um state explicitly um differences between co-curricular and extracurricular they are often used um interchangeably the policy that we did include in our testimony provided uh information on student activities so um it's um i'm not sure exactly what other ripple effects but currently uh students who do participate in those activities that are related to coursework um they do participate and depending on what the activity is there are requirements like the 2.0 grade point average that they need
071to be passing in their courses so how does this bill change current practice so um it depends i think on we we have questions also about the what exactly the bill is trying to do if they're trying to say that the athletics should um and and competition should become part of the curriculum as something that is graded that would have a lot of implications and uh currently if we are to continue to look at the co-curricular activities and the extracurricular activities we we would need to i think clarify some of our language further and if anything i think this bill has raised that um to our attention would um would this bill affect the way the teams are selected the way you try out for certain teams and if students don't make the team well
072this bill if i read the testimony correctly would make it where every single student would be allowed to be on a team um yeah i apologize i didn't have an opportunity to read their testimony and we definitely will read it so but based on what we know about to the bill as it is written we also have questions so i i'm sorry that something that we would have to think about and look into further okay so can i ask and i'm sure if i can continue on yes can i ask the hs hhsaa representative who spoke um christopher chung yes i'm here so i believe that's your testimony that i'm looking at and so that question that i asked would and i think you talk about that in your testimony then it will no longer
073be competitive that it's like a class any person signing up or wanting to select that as a curriculum would be go ahead oh sorry i didn't mean to interrupt you but generally from my understanding in regards to public school education and when you make something part of the curriculum that it becomes part of the curriculum so if a student signs up for it that that would be a kind of a requirement so i i wouldn't know what what what what why the senate is trying to kind of put this forward because i wouldn't understand the ramifications if that means that student makes the team that student has to have equal playing time um whether that's safe or not that kind of thing so i'm kind of confused too as to what's the need for this
074because it seems like high school athletics in hawaii and everywhere else has positively impacted everyone including all the testifiers here today currently as an extracurricular activity okay thank you very much thank you manager thank you and to continue with the question for chris you know your testimony asserted that coaches will not be able to hold students liable for breaking rules because they will have the right to play where do you get that interpretation from so all the court jurisdictions um they there's there's a lot of court cases that say state that um because it's an extracurricular activity coaches can mandate their own principles they can have rules that the students have to follow um if it becomes a co-curricular activity then it's only the school can implement those roles and coaches would have no say
075over that in effect i think they'd every coach would actually have to be a doe teacher because it would be part of the curriculum and i'm not sure how many coaches in the public school system would survive that because i think most of them are volunteers and not teachers at the schools already um next question uh this you say this will increase costs to athletics because athletic programs will not be able to charge fees for student participation uh what kind of fees are currently charged and what do they offset um so we don't charge any p paid to play a fee so i'm just theorizing that right now the doe has a hard time paying the coaches because i know that the athletic budget was cut so i think the coaching budget was cut so
076and it's never been fully restored where you guys where you guys pay for all the coaches and their their assistants um if you do it this way i think there's a whole bunch of issues as to coaches pay because they couldn't make that stipend of five thousand dollars i think they need a full full-time teaching stipend so you'd have to find teachers to do this thank you chris terry can i ask you questions please yes yes cheshire your testimony stated that athletics are already defined in boe policy 101-12 as co-curricular our policies don't distinguish um extracurricular um separately and the term co-curricular is what we have in our board policy so then what's the difference between the existing boe definition and the definition that this bill seeks i think um when we look at our
077definition it's a rather wider definition and i i know that um you know as a former high school vice principal we considered you know any and all activities basically co-curricular because it did contribute to the overall program of the students experience but i do know that in some other places they do make distinctions between how closely those activities are related to students coursework in particular classes and do you agree with chris of hhsa that the coaches would all have to be teachers if this were to move in the direction where students are earning credits academic credits then it would require a teacher to be teaching the course and my final question do you have any idea what the average athletics budget for school is um if this bill were to be passed i i'm sorry
078i i do not um we we can um look into that okay thank you members any further questions thank you if not we will okay we've been given a hard stop at 3 45 we did start late so we're getting an additional time but let's move on hopefully quickly to the next bill senate bill 2081 relating to the department of education commercial enterprises revolving fund to testify interim superintendent please yes uh thank you kidani and vice democratic and the members of the committee terry usujima again the department of education support senate bill 2081 to establish the commercial enterprise revolving fund we support opportunities for students to participate in commercial enterprises in their schools these experiences provide students with the hands-on and real world experiences that are critical to post-secondary and workforce success i thank you
079for this opportunity to provide testimony for sb2081 thank you terry and to testify trevor our barzua chamber of commerce hawaii please thank you chair vice chair members of the committee trevor abrazou chamber of commerce hawaii we stand in support of this bill uh and stand on our written testimony happy to answer any questions thank you trevor that concludes our oral testimony members any questions yes i do um so for the department uh is this fun going to be self-sufficient self-sustaining uh yes oh sorry oh no i'm sorry my computer just um slashed i yes that that is the intention and that that monies will come from the commercial enterprise of whatever it is uh that um the students would be working on is that is that correct yes that's the idea that and um hopefully
080that eventually we will also be able to expand to um scale up or increase the programs okay and if it's if it's such time that it's not self-sufficient so as far as startup and everything that would come all all inclusive everything would be paid for out of this out of the funds that's generated from the special enterprise fund um so i think that that is our intention and so when we start up programs there's fees and so it's um getting the programs to the point where they are self-sustaining and because you know this is also part of the learning process it's really about education you know um it uh is anticipated that there will be some lessons that we will have to learn along the way yes i understand that but in in but to
081create a special fund there are certain requirements that you have to meet and i just want to make sure that the department is aware of that and that because we have a lot of good intentions and we have a lot of special funds that get created and then it it does not fulfill the requirements at some point so yes we we um we intend fully to uh comply with all those requirements okay thank you thank you thank you members we're on our final bill hopefully we can get through this and do decision making senate bill 2892 relating to uh cooler or established working group to address this student enrollment capacity and expansion needs of kikula kaimolino and develop a plan to utilize funds previously appropriated by the legislature to testify yvonne law please not present
082chair thank you members that concludes the testimony any questions of no one that testifies if not we'll go to the recommendations um members senate bill 3296 is really a difficult build to understand and you know my heart aches for those students that have you know not been able to participate and for whatever reason yet i do know um and understand what do you and hhssa is saying to us but i would still like to move this bill along to make some make some technical and non-substantive amendments i know the house companion is moving and it is a chair's expectation that doe will have uh be able to provide us with cost estimates um you know at the time that it does the house bill does cross over um and then we can look at that
083element so and we'll also be um deferring to july 1 2050 to give uh the next committee time to look at it and see how we would be able to fund this measure members questions um yeah i just so can we amend this further to put in that it's not going to be um credit or i mean i think that's that's the concern that um i want to look at that a little bit more and i think with the next committee i would make a recommendation to um include that okay i i have i have some camera stuff in the committee report yes using the concerns we can put in the committee i'm going to go w1 thank you thank you members any questions further questions so the recommendation of the chair then is to
084pass out uh senate bill 3296 with uh technical non-substantive amendments and also to defect the date to july 1 2015 noting uh senator kim's concerns and adding comments to the committee report chair holds eye okay chair voter and senate bill 3296 to pass with amendments vice chairman tsai senator de la cruz hi senator kanu senator favela all five members voting affirmative recommendations adopted thank you members senate bill 2081 relating to the department of education commercial enterprises revolving fund recommendation of the chair is to pass with amendments noting in the committee report the intent of this measure is to ensure that the doe has a revolving fund where proceeds from actions to monetize facilities can be utilized to defray future repair and maintenance costs on schools on school buildings and also have technical and non-substantive amendments
085question members chair bowtie okay chair vote on senate bill two zero eight one to pass with amendments any member voting in the reservations any members voting opposition if not all five members president recommendations adopted thank you uh members and for the last bill senate bill 2892 relating to kekula oke nui malino recommendation the chairs who pass with amendments amending the preamble to clarify that this is a hawaiian emergent school and not a charter school as noted in charter commission's testimony also inserting a blank appropriation to cover costs associated with the working group and technical and non-substantive amendments chair um members questions if not chair votes eye recommendation is to pass senate bill 2892 with amendments any member president voting in a with reservations voting in opposition hearing none all five members voting i recommendations adopted
086thank you so much members oh sorry we have one more it's just for gm i lied okay members we have um senate bill 2823 this is relating to education this was a school psychologist national certification incentive program so um the recommendation is going to be to pass this out with amendments amending this bill to clarify who is eligible for the additional 5000 bonus by deleting subsection a b and c on page two and replacing the word school on line eight with the word hard to fill area number two also amending the to delete subsection five for three blanking out the appropriation but inserting the three hundred thousand dollar amount into the committee report for consideration by ways and means and last to defect the date to july 1 2015. members questions if not send a
087bill two eight two three to pass with amendments chairvolt's eye recommendation passed sb 2823 with amendments any member president voting no any members voting with reservations hearing none recommendations adopted with five members voting aye thank you thank you members for hanging in there with me appreciate lateness and on friday evening this meeting's adjourned you