001Aloha and good afternoon. The committee hearing for the Senate Committee on Education come to order. We are on our joint committee 1:00 agenda with the Committee on Hawaiian Affairs and to my left chair from the Big Island Senator Richards. Thank you for joining us. Thank you, chair. >> this is Monday, April 20th. We're in new room 225 and the hearing is being streamed live on YouTube. And if we must end this hearing due to technical issues, the committee will convene on Wednesday, April 22nd in room 225 and a public notice will be posted on the Hawaii legislative website. Our first item on the agenda is House Concurrent Resolution 122. And this is requesting the University of Hawaii to allow Olelo Hawaii E Pathway under the Niihau dialect. And for testimony, we have Deborah Hollock from
002Halbert from the University of Hawaii. Thank you. I know we've done this before with our Senate measure and we have looking to amend it the same way we did in the Senate version. That sounds good. I'll stand on my testimony and we're in support of the resolution with comments. >> Okay. Any questions? >> Thank you very much. Uh Julia Kahone. Uh in support and no one else testifying, anyone else wishing to testify? I see not. Uh members, I have spoke to the author of this resolution from the house and he agrees that the amendments we made in the Senate version will be made to this one as well. So with that, any questions? No. No questions, any discussion members? If not, the chair recommends that we we amend this resolution to also add technical non-substantive
003amendments for clarity and that we make the same amendments with the Senate version to have it to be a what's the word? Yeah. Yeah, micro-credential. Uh okay, no discussion chair. I still need that. Okay, uh Do we have Oh, we do. Okay. >> [laughter] >> Yeah, okay. Yeah, chair votes I. Wait, do we have quorum? Yeah. We do. Chair votes Okay, great. Uh Committee on Education. Members, we're voting on HCR 122. Chair's recommendation is to pass unamended. With amendment. >> With amendment. >> Yes, as articulated. Okay, chair votes I, acting vice chair votes I, Senator Kidani is excused, uh Senator Fukunaga. >> I. Senator Hashimoto is excused, chair your measure is adopted. >> Thank you. And for the Committee on Hawaiian Affairs, recommendation is the same, passing with amendments. Vice chair for the vote, chair
004votes I. For HCR 122, recommendation is to pass with amendments. Chair votes I, vice chair also votes I, Senator Ihara is excused, Senator Keohokalole is also excused, Senator McCourt. I. Chair, your recommendation is adopted. Thank you. Okay, we're adjourning the joint hearing. I'd like to call to order the Committee on Education. I am not going to read the script. You all here and know the script by heart. And so with that, we are going to start off with uh House Concurrent Resolution 181, House Draft 1. This is affirming the legislative intent of Section 302A-1116, Hawaii Revised Statutes is to authorize the Department of Education to create a sub- substantively temporary positions only. And I just want to say that the proposed draft was posted and we did uh [clears throat] get the House author of
005the measure understanding that we were going to use this bill as a vehicle because the Senate measure did pass over. And because of that and the only reason that that we're using this um resolution. So it's not against the original version of the measure. And so with that, we'll start off with Superintendent Keith Hayashi. Welcome. Thank you. Aloha Chair Kim, members of the committee. Keith Hayashi, superintendent testifying on behalf of the Department of Education. The department department stands on its written testimony which provides comments on this measure. The Department appreciates the opportunity to provide comments on HCR 111 181, proposed SD1. The proposed SD1 seeks to affirm the legislative intent of Section 302A-1116, Hawaii Revised Statutes, authorizes the Department to create temporary positions. Uh in consultation with our AG, we are following the statutory requirements.
006Thank you for the opportunity. Next person testifying is Andrea Diaz Machado. In support, aloha. Aloha. Um I chair and vice chair and members of the Committee on Education. Chair Kim, I just heard you say that the reason for you using this as a vehicle is because it also the concurrent Senate Resolution has passed. So I don't think there's a need for me to provide testimony on this. So aloha for your time. Well, thank you. Appreciate your support of the original measure that we supported. Thank you. Mahalo. Mahalo. Charmaine Duran. In support, Susan. She's here, Susan Piccola Davis. Aloha. Thank you so much for your opening sentences because I'm learning more as I come here more. So some of my testimony was already submitted before I got educated. So I do support this bill with comments.
007And my thought processes, but I don't know if this is appropriate, is that if I read 302A I would add, if you could, authority create temporary positions, the Department may create temporary positions as it deems necessary provided that the temporary positions meet the following criteria. One stays the same. Two, I rewrote it as the term of each position shall shall not exceed one year and refrain from renewing those positions in one year increments. Thank you very much. >> Okay, very good. Good suggestions. Thank you. See, we have 1 2 3 4 others, five others in support and anyone else here wishing to testify on this measure. Hearing none, members we're open to questions. Ask Superintendent, if you can come up. So my understanding is the AG has said that you could renew the positions each
008year or is that We are following the statutory requirements. The positions The positions that um uh at the end of our temporary at the end of every year um there is uh we evaluate the positions themselves. And then deem if we need to establish the positions again. And so we that goes our process that we utilize is should that as that need happens and it does for for these positions we do um propose that through the Board of Education. The board through our approved board budget um then it goes on to the which it was approved. Then it goes on to the governor's governor's office which then that was also approved and forwarded to the legislature for for funding of those positions. Um and we have submitted those that request utilizing that process I believe
009since 2020 to 2023 school year. Okay, so you're saying that you're affirming the legislative intent of this section. Right? In your testimony or maybe that's not your exact words. What are your exact words? Uh Propose it seeks to affirm the legislative intent. Okay. That we are following that we are following the temporary position. And um it is the those positions are temporary. And then they are reevaluated at the end of every year. And so we are following the uh procedure under the statute. >> Okay, but it does say it shall not exceed one year. And the legislative intent and it's not, you know, you don't normally just take a legislative intent by one statute. You look at the overall framework of the budget intentions of the budget. And the intentions of the budget, overall legislative
010budget, is that you and every agency has to get approval for positions. And the exception lies here with this measure that allows you in certain circumstances to be able to create these temporary positions that is only good for 1 year. Now, if in fact you are interpreting it as an whether the AG is interpreting it and so there's a difference in legal interpretation that that means that as long as it's 1 year you can reevaluate and do another year then it circumvents the intention of the fact that you need to have all of your positions. Otherwise, what stops you from Of course you got to get approval, but creating, you know, hundreds of position and calling it temporary and then every year reevaluating and then get it again. That way you don't need to come
011through the budget process which is clearly not the intent of the overall budgetary legislative process. Would you agree? Well, well, Senator, as I shared, we have consulted with our attorney general and uh have they have advised us that our AG has advised us that we are following the statutory requirements under the statute as it's as the as the position is temporary for 1 year. Um and then it is reevaluated at the end of every year. Um goes through the board approval process onto the governor and then to the legislature for funding and we have requested the position to be funded by the legislature since 2022 for the last 4 years, I believe. >> And so the fact that the legislature have not funded it, meaning that we don't agree and that the intent and of
012course we're the ones that write this, right? The legislature. And so now that you know clearly the intent of the legislature is for these positions not to be renewed every year and so basically you're forcing us to have to re re-amend this measure, but knowing that that is the intent and that circumvents the legislative process that that measure could be taken away completely as the next school year round. Um Senator, uh the legislature did approve though the private secretary for these positions. Right. And so we can undo that which is certainly being discussed because there should never be permanent positions for temporary positions. So, um I guess if there's not cooperation, then the alternative would be for us to introduce a measure next session and to do away with this ability to create a position
013create positions temporarily if in fact you're going to make it permanent in the sense that you will renew it over and over again which means it circumvents the It it's not it is not um so Senator, after after it's not a automatic year over year >> know that, but you're going to review it >> It is it is a review and based on the uh the need for the position, we we will we will department determines whether we need to have that position reestablished and then from there we go to the process to go through the board and so forth. But again, I don't believe this says to reestablish. It says a term of each position shall not exceed 1 year. So, the term of that position. So, maybe if you create a whole different
014position, you would be able to do another 1 year, but to get the same position again and to do it another year, again, it circumvents the budgetary process. Otherwise, all of your positions you would be able to do this and that is certainly clearly not the intent. Um and this is something that the courts have looked at and the courts have said that, you know, you don't just take the law by itself, you take the overall intent of what the legislative process and the budgetary process is and certainly not to give you carte blanche to be able to create new positions and then to be able to renew that position no matter what the process you go through. Because the process is to go up to the legislature. We did not give the process to
015the Board of Education. >> [cough and clears throat] >> Questions? Senator Thank you. Thank you. Um yeah, I think that if this bill wasn't introduced and passed within the maybe most recent years, then we [snorts] would be subject to what the intent is, but this was only passed in 2024. So, when we're talking about the intent, you're talking to the people that intended on passing this bill for a reason and the intention is very clear that it was temporary. The intention was very clear that it was only to last up until 1 year. DOE has authority to create temporary positions with a term not to exceed 1 year. So, I'm concerned about the AG's interpretation because this isn't a bill that passed 100 years ago. This was only a couple years ago by the people
016that are sitting in this room that are telling you that was not their intent. Furthermore, I think that to just kind of shorten up this confusion, I mean, I think we just need to amend the bill because it's very obvious that we have to pass bills to tell you exactly word by word, line by line >> [snorts] >> what exactly the department's roles and responsibilities are. So, now you're creating more work for us that we have to go back and we have to amend the bill and just keep it very, very concise that there is no renewing that anybody who's reading this says DOE has authority to create temporary positions with a term not to exceed 1 year. That seems very clear to me. But it's creating more work on our end. Now we have
017to go back, amend the bill to make sure that it's very clear. Um so I I I I find this to be a lengthy conversation where anybody reading this could see the intent, but you're talking to the people who supported this with the intent that it was going to not exceed 1 year. So, I just wanted to make that comment. It seems that we're having to go back to legislation and amend bills so that we can tell them exactly how to do their job, the time that they have to do their job, when it ends, when it starts, check off all the boxes. So, more work for us. Thank you, Chair. Thank you. Um you know, we try to leave flexibility in these laws so that you guys can operate, but when you come down
018to this kind of situation, now you force us to be very prescriptive and not give you any room to wiggle. And so you are exactly going against what it is that the department or the legislative entity that gives you your budget that you're going against what it is we're telling you the intent is which is troubling. Any other questions? Any other questions? No, thank you. Okay, moving on. We are on House Concurrent Resolution 42 urging the Department of Education to meet the criteria necessary to officially recognize cheerleading as a title sport in Hawaii. And we have I guess he just walked out. Uh Keith Ayashi was doesn't support cheerleading. Uh and then we have Lasmin Chaney uh in support. Um Anyone else wishing to testify on this measure? Hearing none, members, any questions of the
019one that's here? Uh I see none. With that, we will um move on to the next item. We have HCR 53 requesting University of Hawaii Board of Regents to conduct a system-wide associate degree completion audit and that measure I don't know that anybody here that test uh weighs testimony, but since we have UH here, no testimony. Okay, members, seeing that we have no one here, we'll go move move on to HCR 110 and this is requesting the University of Hawaii Board of Regents to review and refine operational institutions to ensure that each campus fulfills a distinct and complementary role in serving students in the state. Um HCR 110, uh we have no testifiers on this measure either. Uh hearing that no one else wants to testify, we'll move on. HCR 111, uh requesting the Board
020of Regents to review and clarify the roles and responsibilities and functions of the University of Hawaii system in relation to responsibilities of individual campuses. Again, no one needs to test testify. Finally, HCR 118 HD1 urging Department of Education to strengthen menstrual health education initiatives to adopt a comprehensive menstrual cycle curriculum. And this measure was passed by the Senate. We passed it over to the House. Uh the House asked if we would hear their measure as well and so as a cooperative colleague, I am complying. So, I will ask our testifiers to please you have 1 minute and we will start off with um Lasmin Chaney. Not here. Leila Gonzalez in support. Um Niki-Ann Yee Niki, is that you? Yes. Aloha, Chair, and hello to the committee. Nice to see you. Um my name is Niki-Ann
021Yee and I'm co-founder of Ma'i Movement Hawaii. I stand on my written testimony and strong support. I want to start by recognizing the young people that brought us here today, Joel and Leila. Unfortunately, they can't make it because they're in class, but this measure really reflects what students they themselves are asking for, comprehensive and standardized menstrual health education. And I appreciate your committee's commitment and also acknowledging that you see the inconsistency and you recognize that our cake care feeling that gap every day. So, thank you so much for all of your support. The products are in the school, the infrastructure is there and this resolution and the one that you passed over to the house is making sure that the knowledge follows. So, mahalo for your support and your time. Thank you very much. Anyone
022else wishing to testify on this measure? I don't see or hear anyone. Members, we are in decision-making. Uh we ready for that. So, it's House Concurrent Resolution 181. Uh this is affirming the Section 20302A-116. Um the recommendation is to adopt the proposed SD1 and the rest of it should be fine. Any comments? Any discussion on this measure? Hearing none, uh Chair Wooley, aye. Members, HCR 181 Chair's recommendation is passed. >> Unamended. Chair Wooley, aye. Vice Chair is excused. Senator Fukunaga is excused. I vote aye. Senator DeCourcy. >> Aye. Chair. Senator, is it not amended? It's amended to adopt the proposed SD1. >> Oh, so we're passing the amendment of the SD1. It or Yeah, we are amending the HCR 181 HD1 to a the proposed SD1 that was posted. Okay. >> an SD1. Okay. Got
023it. Okay, my vote is still aye. All right. Same vote. Yeah. All right. Adopted. Thank you. Uh HCR 42, this is urging department to meet criteria necessary to officially recognize cheerleading as a sport. Uh we did pass this one over as well. Recommendation is to pass as is. Oh, I'm sorry. Technical and non-substantive amendments, so when in SD1. Members, HCR 42 Chair's recommendation is passed with amendments noting the excusal of Senator Kidani and Fukunaga for this measure and all others. Any voting Any others voting with reservations or no? All others voting aye, recommendation is adopted. Thank you. Uh for HCR 53, this is urging the University of Hawaii Board of Regents to conduct a system-wide associate degree completion audit. Uh recommendation is to amend with technical and non-substantive amendments for clarity and consistency. Chair Wooley,
024aye. Members, HCR 53 Chair's recommendation is passed with amendments. Any reservations or no? With all others voting aye, recommendation is adopted. HCR 110, this is for the Board of Regents to refine the operational missions of Hawaii's four-year campuses. Uh recommendation is to pass as is. No discussion. Chair Wooley, aye. Members, HCR 110 Chair's recommendation is passed unamended. Any members voting with reservations or no? With all others voting aye, recommendation is adopted. >> Okay, and HCR 111, similar to the one above except this one um is looking at the responsibilities of each individual campuses. Uh recommendation is to pass as is. Members, HCR 111 Chair's recommendation is passed unamended. Um any members voting with reservations or no? With all others voting aye, recommendation is adopted. >> Thank you. And HCR 118 is to uh pass pass
025as is or how about we just we all we make any any amendments that was made in the measure that went over in the Senate draft. Uh >> [laughter] >> which I can't recall what it might be, but I'm sure we have that on record. Uh with that, uh can I do that? You can do whatever you want. Okay. >> [laughter] >> So, is this going to be an SD1 or is this going to be How about we Uh we do with technical and non-substantive amendments and then any changes that was made in the version that went over be included. >> Yeah. Okay, that's good. Okay. Chair Wooley, aye. Members, HCR 118 Chair's recommendation is passed with amendments. Chair Uh any members voting with reservations or no? With all others voting aye, recommendation is adopted.
026And we are done. Recommend