House Standing Committee on Education

Okay. Good afternoon everybody. This is the Committee on Education. Today's date is the 28th of January and we are in Conference Room 309. 2pm and Vice Chair is going to lay down some house rules for the Committee.

Good afternoon everyone. Just few quick announcements. So in order for us to allow as many people to testify, there will be a two minute time limit per testifier. And not all testifiers may have the opportunity to testify. So please let us know. Sorry, this is just for the morning committees. Sorry about that.

If you are on video, please keep yourself muted and your video off while waiting to testify. And after your testimony is complete. The Zoom chat function will also allow you to chat with the technical staff only. So please use the chat only for technical issues.

Also for those on Zoom, if you are disconnected unexpectedly, you may attempt to rejoin the meeting. If disconnected while presenting testimony, you may be allowed to continue. If time permits, please note that the House is not responsible for any bad Internet connections on the testifier on your end.

In the event of a failure, Chair may we may may reschedule the hearing or schedule the meeting for decision making. In that case, an appropriate notice will be posted. And please, this is. We all want to follow respect and decorum in the hearing room.

So please refrain from any profanity or uncivil behavior as such behavior may be grounds for removal from the room. Follow.

Okay, thank you. Vice Chair. We are going to take a couple bills out of order. Members, we're going to go to first HB628. That's regards to the Department of Education High school diplomats. And this is specifically regarding those involved In World War II, the Korean War and Vietnam War.

First up on our list we have the Superintendent DOE testifying in support.

Aloha Chair Woodson. Vice Chair Laika. Members of the Committee, Keith Hayashi. Superintendent, testifying on behalf of the Department of Education. The Department stands on its written testimony in support of this measure, which is part of its it which is part of our administrative package. Thank you very much for the opportunity to testify.

Thank you, Superintendent. That's all I have on my list. Is there anyone else? Okay, seeing none. Members, are there any questions? Superintendent, if you can come back up please. Can you just explain like some of the context around this particular proposal.

I know it's an admin request, but just so that the public can understand what you're trying to do with this.

With this Bill we actually the Department was issuing the Kupuno diploma prior to 2020. There was and ability for the Department to do that. However that lost sunset in 2020.

And we do have a number of veterans, particularly from World War II, Korean War and the Vietnam War, who have asked for their diploma because their graduation was interrupted because of serving for our country.

Just to give the Committee context of what the the request is, I did, I was able and very fortunate to go and meet with a Korean War veteran who had asked to be recognized with his diploma. We weren't able to provide him with a kupuna diploma though.

But nonetheless we did go with him, recognize him and unfortunately he was. When I did go to see him, he was in hospice and he has since he since passed. But I think just the fact that the Department was able to go and recognize this individual I think was important.

And I think having the ability for us, the Department to go and support our veterans in this way where their high schooling was interrupted because of service to our country, I think is very, very worthwhile effort. And so we ask the support for this measure.

Thank you.

Thank you.

Members, any other questions on HB628? Okay, seeing none. Moving on, Members, we're going to take another Bill out of order. We will go to HB 1074. This is with regards to SFA, the Department of Education and Communication. Okay, HB 1074. So first up, we have, I assume, the Department of Education person.

Hello, Chair Woodson, Vice Chair Lucico. Members of the Committee again, Keith Ayashi, Superintendent, testifying on behalf of the Department of Education.

The Department stands on its written testimony in support of this measure, requesting an amendment as outlined in our Testimony, deleting lines 10 and 11 on page three to create a more flexible, more flexibility for the parties to effectuate this Bill. Thank you for the opportunity to testify.

Okay, thank you for being here. Next we have SFA providing comments. Ricky Fujani.

Good afternoon, Committee. Ricky Fujitani with the School Facilities Authority. Our testimony is in support in that the way the statute was drafted was quite inartful. This attempts to clean it up and make it consistent. I'm among the types of lands with regard to other state agencies and Department of Education.

Okay, thank you so much. And support with comments. That's all I have on my list. Is there anybody else? HB 1074 seeing none. Are there any questions, Members, any questions? Okay, seeing none. Thank you so much. We're going to go back to the beginning of the agenda, Members. HB110.

This is with regards to the Department of Education and benchmarking. First up, we have DOE offering comments.

Good afternoon, Chair Woodson, Vice Chair Lucica, Members of the Committee, Dino Chida, Director of Deputy Superintendent of Operations for the doe. We stand our written testimony providing comments on the bill. Thank you. Thank you for being here.

Next we have Kauai County Council person WSON offering testimony and support. Next we have Hawaii Cattleman's Council offering testimony support in person. They're here.

Thank you for being here.

Chair Woodson, Vice Chair Lucica, Members of the Committee, my name is Nicole Galassi. I'm the Managing Director for the Hawaii Academic Council. And we'll stand on our written testimony and support. Thank you.

Thank you for your testimony. Next we have Hawaii Public Health Institute providing testimony and support.

Chair Woodson, Chair, Vice Chair Lucica, Members of the Education Committee. My name is Koviko Kayapo with Hawaii Public Health Institute and Farm to School Network and we are here to support this measure.

This would allow the metrics for Acts 175176 to be aligned and make sure the metrics are set up so that we can hit the 20, the 30% by 2030 mark. Thank you for being here.

Next we have the Hawaii Farm Bureau offering testimony and support.

Good afternoon, Chair, Vice Chair, Members of the Committee. Brian Miyamoto here on behalf of the Hawaii Farm Bureau. You have our written testimony in support. We'll stand on that written testimony. I do want to highlight that this Bill will allow us to focus on DOE's goal of 30% in 3030.

I know we didn't achieve that goal of 10% in 2025, but again, we are all focused with the Farm to School program on the 2030 goal of 30%. Thank you for the opportunity to testify.

Thank you, Mimoto. Next we have Hawaii Farms Union offering testimony support. We have Strata Farms LLC and support. And we have 26 individuals all offering testimony and support. Is there anyone here wishing to provide testimony for HB110? Okay, seeing none. Members, any questions? Do we have a zoom here? Okay, thank you. Okay, Members, any questions on HB110?

I have a quick question for Doe. zero, Vice Chair, go ahead.

Question for the Department. So where are we at right now in our progress for achieving that 30% by 2030 goal?

Good question. Well, we're in the process of taking a look at our menu and trying to plan in advance of how we can increase the consumption of local products in our menu.

We need to set the menu up a year in advance so we can allow the distributors, the farmers, the ranchers to know what kind of quantity we need or what kind of product we need and what time of year we need it.

So it's on us to get the menu set up before we can reach out to the distributors and the farmers. It's a user side first. Then we got to work with the farmers, the ranchers, and more importantly, the distributors, because they control. They can basically put together a team to supply the DOE going forward.

So working on the front end first, and then we'll be working with the distributors and the farmers and ranchers.

Thank you. So what does that strategy entail? Like, how does the Department work with Department of Ag, the distributors, the like, food hubs? Like how. Who kind of leads those efforts to say, like, in order, because it is hard. 100,000 meals, it's hard to procure.

And at the same time, we want to support the farmers, like the Waimanalo farmers, North Shore Central, where they are. And so how do those all, like, coexist so that we can supply, but we can also continue to support the local farms where they are in the different regions at the act?

Yeah, that's our goal. Right. And like I said, we need to get our ACT together as far as what we need when we need it, so we can tell the farmers what kind of quantities we need when it can be delivered. There's a whole procurement thing that I haven't really gotten into. Still trying to figure out.

There's a USDA procurement process plus the state. And so we gotta kind of weave our way through those two processes and come up with a system we can deliver the produce to the schools.

Okay, thank you so much.

Director, a quick question. So you say that you have a multi tier or multi prong approach. What do you mean by that?

Multi tier?

Your Department says here that you have a multi prong strategy to try to meet your standards.

Yes, I was talking about we need to do stuff internally to get the menu set up. Then we got to reach out to the people that can provide the product and also reach out to the distributors.

So it's like everybody has a different role in this thing, but we've got to pull it all together so it can work. Right.

So you don't have a strategy? You don't have a strategy.

I try to feel my way around the problem first if I develop the strategy.

You're a process guy, so. Yeah, we appreciate your coming on board to the Department. Okay, go ahead.

Hi, sir. Did I hear you say you guys are trying to figure out the menu first, then you guys are going to go to the farmers? Yeah. Wouldn't it be easier to go to the farmers first and see what they can provide and then build the menu off of that.

Yeah, we're doing two things. We have an existing supply of local produce right now. So right now we're trying to do is try and maximize the use of the local produce in our menus for the next year. Right.

And then from, with the help of the Farm Bureau, we're going to get another list of other products that might not be on the list. And then we got to figure out a way how we can procure those things through this process we're trying to set up. So it's like a two step process.

I didn't want to wait around to set the menu and wait for these new products to come in because they all have to meet the nutritional requirements of the usda. And the stuff we're working with right now already does that. So we're trying to push that forward. We can add the other products on at a later time.

I just think it would be much simpler, much more of an efficient system. If you guys went to the farmers first, knowing the nutrition value and diet that you guys have to provide, and if the farmer is going to provide it, then you guys can procure outside.

It seems like almost if you got to build the menu, then go to the farmers, then you got to go look for the stuff.

Well, part of the menu building is to provide them with the quantity that we need on every island. So, you know, we need to deal with these volumes and we're trying to like figure out who can provide the, the type of quality we're looking for.

No, I, I heard that. And I think again, if we went to our farmers first, we can, we can figure out what our farmers can provide, how much of it can they provide, and then we can just easily figure out after that what we got to procure outside of the farmers. I don't know.

Yeah, but we don't know how much we need right now. That's the part we're working on, developing a menu to tell us how much quantities we need of all these products.

Okay, okay, I misunderstood. You said a menu is for quantities, not for the actual menu that you use.

It is for the menu, but you're trying to develop the menu and then you got to figure out how much quantities like cabbage you need for this particular menu item. Right.

And we're going to stagger them over the year so we can let the farmers know we need this amount of cabbage this many times a year and make sure that they can provide it. That's Kind of how we're backing into it. So you need to get the menu approved first by usda.

Well, there's a, there's a cafeteria group that has to approve the menu, so that's within the doe, but the dietitian makes sure that the menu meets the USDA requirements when they're putting the menu together.

Okay, thank you. Any other questions? Members?

Question Is there anyone here with the Farm to School Network or anyone who can speak to the pipeline of what does that look like? Because we're trying to understand the existing challenges for how the goal was to get to 10% by 2025. We are at 5.4% right now.

What has been the, I guess the feedback on where the bottleneck is when it comes from the farm, the distributors, the food hubs, what, what does that pipeline look like and where should we, you know, this body, like focus kind of our. Yeah, like, you know, in terms of where the, the systemic kind of like barriers are.

I, I think part of the problem is that there is not communication with the farmers ahead of time to let them know what needs to be what, what kind of.

You can state your name for the record too.

Kofiko Kaiapo, Farm to School Network. Hi FI Representative. Again, I think part of the problem is that we need to bring the small farmers into the planning table so they know what to grow and what kind of quantities they need to have at certain times to meet the menu requirements.

There's also been issues with making sure that the nutritional portions are up to par to meet the USDA standards. And so having them allowing the. Again, another entity, but acnp, Hawaii Child's Nutrition Program outside of the.

Bringing them outside of DOE will allow them to help regulate and make sure that they're getting hitting those nutritional standards so that the menus can be set up ahead of time. And then also discussing with the farmers.

When you mean like bringing them to the table, who, whose role is it to invite the farmers to like these discussions? Is it the Farm to School coordinator at the doe? Is it the Hawaii Farm Bureau, like who kind of brings everyone together to kind of act as the conduit?

I don't think I have an answer for you on that right now. It's. There's, there's not that communication between the DOE and the Farm to School Network in, in, in some of the instances we try to talk to the different parts of the DOE school for Food service branch and those types of things.

But I think bringing the decision makers for the DOE to, to the table to Speak with the Farm to School Network to figure out how to make those arrangements would be a good idea.

Right. Okay.

Thank you. Thank you, Chair.

Thank you. And Doe, have you thought about doing that? Because it was brought up now twice to. To actually talk to the farmers on the ground first. Right.

That's the point. That's going to be the next step once we get the menu and the quantity set up.

But you cannot do that first as opposed to second or third. Talk to the farmers first.

I can talk to them, but I cannot tell them what kind of quantities we need over the period of the year. So. Yes.

Okay. All right. Thank you so much. Thank you. Go ahead.

Thank you, Chair. But you can speak to the farmers and find out what they can actually produce. Right. And then from that information determine how your manual will be impacted.

Yeah, we could do that. We could do that.

Thank you.

Thank you so much. Members, any other questions on this bill? Okay, seeing none. Moving on to the next proposal, we have HB 328. This is regarding the Department of Education, locally sourced food and plant based options. First up on our list we have Department of Education providing... offering comments.

Dean Uchida, Deputy Superintendent. Yes. We stand on a written testimony providing comments on the bill. Thank you.

Thank you for being here. Next we have returning journal's office in person.

Good afternoon, Chair Woodson, Vice Chair Lucica, members, Anne Horiuchi from the Department of the Attorney General. As we set forth in our testimony, we're suggesting some revisions to the bill. For example, in Section 302A-405.6, excuse me. That statute applies to public schools, which includes both charter schools and department schools.

So to make the new sections added by the bill consistent with 302A-405.6, we've listed a number of revisions at the bottom of the first page and onto the second page of our testimony. Also,

I think that's your testimony for a different proposal, actually, what you're referring to. We're on HB328.

Yes. Relating to school meals.

Yeah. You referenced 302A-1702. That's for a different proposal.

I'm sorry?

You referenced HRS 302A?

Dash 405.6?

Oh, I thought she said 17. Did she say 17? Wow. I heard 1702.

I mean, in the new, these new sections are meant to bring the. It's referring to 405.6. That's the 30% by 2030 goal.

And because that section refers to public schools, we need to replace certain terms in the bill to make sure that the new sections that would be added to 302A would apply to both department and charter schools. Also, the bill will authorize DOE to accept donations or grants from individuals or agencies.

So to avoid the commingling of public and private funds, we're suggesting that wording be included to create a fund into which private donations or grants would be deposited. Also, it's not clear from the bill how proposed partnerships with nonprofit organizations or private entities would work.

If it does result in a nonprofit organization or private entity receiving grants of public funds, then there needs to be standards that are included in the bill so that relating to the expenditure of public money on a private entity. I will stand by for questions. Thank you.

Thank you so much. We did, we did receive your testimony, so thank you for that rearticulation. Next we have county council person from Hawaii County offering testimony support. Is there anyone here from Hawaii County Council? Okay, now we have Maui County. This is for the office of the Mayor providing testimony and support.

Next we have HSTA offering testimony in support in person.

Aloha Chair and Vice Chair, Sarah Milianta-Laffin for HSTA. Call me Millie. We know that food is a school supply and healthy food is even a better school supply. So we support this.

Thank you so much for being here. Next we have Hawaii Public Health Institute offering testimony support in person.

Hello Chair Woodson, Vice Chair Lachica, Members of the Committee, Kawika Kayapo, HIPHI Representative and Farm to School Network. We support this bill, as I believe this bill is originally written in conjunction with Milani High School students. This is what the high school students are asking for.

Plant based meal options and the ability to make sure that we hit the 30% by 2030. And so we strongly support this bill.

Okay, thank you for being here. Next we have Climate Protection Hawaii offering testimony in support.

Thank you Chair Woodson, Vice Chair La Chica, thank you very much for introducing and holding a hearing on this bill. We have an opportunity here to do two good things. One is provide better, more nutritious food for our keiki. That's number one.

And number two, I think we have the opportunity here to have farmers have better markets for their products and I'd like to see this bill move forward. It's a good bill. It's good for students, farmers, and Hawaii residents.

We've heard some testimony, we see some things that need to be worked on and I would urge the Committee to continue to do that. Perhaps if the testimony was that local school complexes may not be able to plan meals, then perhaps you could do regional at a regional level.

But I think some decentralization would be really useful because some schools want to do this and some schools don't. Might be a good idea to have some students tell you what they think of the meals. So that's something I'd ask the committee to consider.

The climate protectors of Hawaii are mostly concerned about the climate impact of local food. And so that's another thing that could be brought here, I think with grass fed beef that is shipped to the mainland for finishing. That's not particularly local even though it counts as local.

So let's try to figure out a way to make this work for the students, for the farmers and for the State of Hawaii. I have proposed, the climate protectors have proposed some amendments that would enhance the plant-based option and I've attached those to our testimony.

Basically this is to have the DOE set up a program and then let the schools decide what they want to do with it on a local level. So please consider those amendments. I hope you'll adopt them. Thank you for the opportunity to testimony, testify and I appreciate your hearing this bill.

Thank you. Thank you for being here. Next we have Hawaii Cattleman's Council offering testimony providing comments actually.

Thank you. Chair, Vice Chair, Members of the Committee. My name is Nicole Galassi, Managing Director of the Hawaii Cattlemen's Council. We offered our testimony with comments on specifically the plant-based section of the bill. We believe that DOE should first focus on purchasing local. They still need to meet that goal and they should focus on that.

This is something that helps both students, farmers, ranchers, and the local economy. I also want to point out that high-quality protein provided by our local ranchers is a healthy choice and it is a big contributor to reaching that 30% goal.

Our testimony has some information about the health benefits and the environmental benefits of well-managed rangelands in Hawaii. Mahalo.

Thank you for being here. Next we have the Hawaii Alliance for Progressive Action offering testimony and support. Okay. We have Environmental Caucus, Democratic Party of Hawaii in support, Green Party of Hawaii in support, Down to Earth in support, 350 Hawaii in support, Hawaii Farms Union in support, Chamber of Sustainable Commerce in support, HYFC in support.

Strata Farms LLC in support. We have HGEA offering comments here. And then we have quite a bit of individuals all in support. Totaling 55 persons all in support. One individual here. Catherine. Please come up if you want to in support.

Good afternoon, chair and Vice Chair. My name is Catherine Kupukaa and I support this bill, HB 328, in support of local farms and healthy school meals. It is a small start to educate our students to follow a healthy lifestyle in reducing diseases such as obesity, diabetes, and heart disease. Personally, I'm leasing two acres in Wahiawa.

There are about 115 lots. And I know at least five of the farmers in my area and also have met other. And we are not really farmers, but wanting to help sustainability of our food source. So I had planned to grow Okinawa sweet potatoes and my farm is considered organic.

Because the prices of foods are so high, I'm not in it to make a profit, but help the community by lowering the cost and selling it at a cheaper rate to the Okinawan communities, my church community, others. So please consider this bill and pass it through to help our students grow healthy. Thank you.

Thank you for being here. Thank you for your testimony. That's all I have on my list. Is there any others that wish to testify on HB 328? Seeing none. Members, Are there any questions? Vice Chair, go ahead

Department, please. Full disclosure. This is my bill.

Okay.

Okay. So in your testimony, you talk about central. How decentralization may not, you know, did you say your concerns on decentralization? So I guess what is the hopes for like DOE's, I guess centralized strategies?

And again, it goes back to like, again, you know, some of the testimony that we heard, like, how are we supporting our local farmers and local communities where they're at? Because from what we've heard, I mean, from my experience, right. The Aina Pono program in 2015 started at the complex level, Kohala schools, and then Mililani schools.

And what more success would you find and satisfaction would you find them for the farmers to support their own local communities to feed their own local student complexes. So what are, I guess what's the direction in which gepartment is heading towards? Is it centralization?

What is the goal and the pathway to the 30 by 30?

I think we're trying to set it up so it's by island instead of by complex area. Because then it gets kind of unwieldy. The complex areas we have to take on the procurement, contract management. And they're not set up for that right now.

But I think if we break it down by island, then each island can benefit from dealing with a wholesaler and all the farmers can work with the wholesaler or a distributor, and then that distributor can take it to the schools on that respective island. That's kind of the model we're looking at right now.

So the goal is to do a new RFP or contract? What is kind of the, how are you going to I guess,

Yeah, I'm still trying to figure it out. Yeah, they were doing IFBs, but we exploring the use of RFPs on each island and trying to put teams together that can supply the produce we need on each island.

In the existing contract right now, in how you procure. Right. Because I guess the top locally sourced products. And I'll read this because this was in the January 2025 farm to school report. So beef was 3%, produce was 1.8%, poi 0.03%, total 4.8% without beverages. So with beverages you said dairy was 0.51% and then locally sourced bottled water 0.06%.

Why are we including locally sourced bottled water as part of our farm to school goals?

I wasn't there when the report was written, so I would have taken it out. But you know, we're going to try and fix that going forward.

I mean, if anything, if there's any case or argument water should be free in Hawaii and in our cafeteria.

I agree. I agree.

Okay. So right now is there a way that the contract can be amended to allow for smaller farmers or local farmers to be able to participate? I'm just trying to understand how the communication feedback is received.

I think we're going to, what I would prefer to do is leave the existing contracts alone and come up with a different one that can focus on locally grown products, locally produced products too. And you have a separate RFP go out.

But like I said, I need to sit down and talk to the procurement people and the USDA making sure that we're in compliance with all the different laws that are out there.

Okay. So you also mentioned in your testimony that complex areas in schools do not have the ability to plan menus that are in federal compliance, nor procure.

But in your October 2024 Farm to School report to the legislature, it does state here that the department holds regular menu committee meetings where representative managers from each district learn about topics like menu planning, how to implement new ingredients, how to work better with distributors. Department also provides additional training in procurement and data collection.

I mean, I know you guys even go, you know, and go to different conferences and trips and this one of the beneficiaries was Mililani High School. We, from a trip to Boston, we were able to procure a freight farm where now we'll have vertical farming and the students can plant lettuce and also like harvest lettuce.

So I guess can you explain that part about like menu planning, cafeteria managers, and like they don't have the ability to plan at that level?

My understanding is they get a committee together like once a year and they plan the menu for the next year going forward. And that involves the dietitian and some other complex, the cafeteria managers from different complexes. So it's not like individual complexes plan their own. It's kind of a joint thing and it's a statewide menu.

So there's a lot of discussion about, you know, what the kids like to eat, different islands have different products.

No. Yeah, that's right. I mean, you know, like, I think going back to the Mililani example was when this was rolled out, right? I mean, I spoke to the schools again, I spoke to the cafeteria managers, and they said they, this was something, a program where they had, it was designed, right? It was, it was.

Menus were designed with some student input. They procured right from local farms. And I don't know if there was special exemptions at that time, but one thing that stood out to me was like the Mililani student meal Satisfaction was at 90%. Students looked forward to the lunch hour.

Do you know when was the last time that, you know, we've heard about that? When I go to the schools and visit with them, we try and do like this exercise of like, what's one thing you would like to change in your schools? Guess what one of the top things are, right?

So just, it's so, it's so we really want to see how can we remodel like this example of the successes in Mililani. And to go back to the AG's point, I think that part about the funding is, as Mr. Bolan mentioned, if schools do want to innovate and they do want to be able to create their own pathways with the approval of the Superintendent and the department, can they have the ability to do that? Can they have the ability to locally purchase, design their own meal planning?

How do we enable them for the schools that do really want to start doing it without having to wait if they have the means to do so?

I don't disagree with you. I think we might be heading in that direction, but we need to put the basic infrastructure in first and then the one-offs can happen after that. But we don't have any system of delivering the product that we want, the locally grown produce right now.

So I need to focus on that and then if it's successful, we can start branching out and have, I don't know if the individual schools are prepared to do their own procurement, but something we can talk about.

And then Chair, just one more question. Okay, so for the department again, so in 2024, and I know, I mean, the House just received a big briefing today about the impact of federal funds at the very crazy times ahead of us.

The department did receive 650,000 from the USDA Local Food for Schools for money meant to assist schools in buying local food. So my understanding is you were given a one-year extension to spend, for the department to spend those funds until June 2025.

Do you have an update on where we're at with those funds from USDA?

No, I don't, but I can get that information for you.

Okay, let us know. Okay, thank you.

Are you still able to spend those dollars? Are you still able to spend those dollars? Do you know?

I need to find out where it's at right now.

Also, just really quickly with regards to particularly the plant-based food component of the bill, what are your strategies for growing that base?

Well, the problem right now is there's nobody locally that can produce the protein, plant based protein. And so you get the plant part, but the protein part is missing. So we'd have to substitute something from the mainland or someplace else. That's the big challenge right now.

That was listed in your testimony, but there's just no way that we can expand that option to offer it more to more schools potentially. You're saying there's not enough critical mass in terms of the.

I don't think there's enough supply of plant based protein in Hawaii right now.

There's not. I see some others shaking their head. Okay. All right. Thank you so much. Members, are there any other questions?

Yeah, sorry. Thank you so much. How can like a salad play into this? Because I can remember when I have visited schools, there are schools that offer like a salad option that often don't have like a meat protein or even sometimes a plant-based protein. Just like a, just a salad, just lettuce.

I mean, that's working towards this goal. How can that be implemented or offered at least at every school? So every school can have some sort of option.

Let me see if I can have our acting interim Director of School Food Services address that.

Good afternoon, Chair, Vice Chair and Committee. Sue Kirchstein, TA School food service program Administrator. Could you repeat your question?

I am just curious about, like, salad options, which are much closer to a plant based option, which sometimes don't have a plant based protein on them.

So if the issue is not having a plant-based protein that can be locally grown here, which I'm assuming there's tofu because I think I've bought locally made tofu which is a plant-based protein, how can we expand those salad options if plant-based proteins are the barrier?

Absolutely. So I believe pre-Covid we had salad bars and for the 2025-26 school year we are offering salads to all the grade levels. So there are five different salads and some of them will be plant-based just as you had described. So there will be meatless.

Currently on our menu we do offer meatless Mondays for lunch, which is a little bit closer to plant-based. But we are offering the salads to all of the different school levels for the next school year.

And then what percentage of those salad bars are like like locally sourced grains and veggies or potentially something that's grown on campus.

So these would not be salad bars. These would actually be individual salads that students can take. So they'll be prepackaged salads. I would have to get back to as far as what the percentage would be.

Thank you so much. Thank you Chair.

Thank you, Rep. Members. Any other questions on this bill? Seeing none, moving on to the next proposal, HB497. This transitions HCNP from the Department of Education to the Department of Ag. First up on our list, we have DOE offering comments.

Good afternoon. Brian Hallet, DOE CFO, on behalf of Superintendent Hayashi. The Department stands on its written testimony with comments. Just a quick summary of what those comments are, though. The first one is just a couple, clarifying in the DOE that the school food service branch does not oversee the work of the child nutrition program.

Second point: it's in our comments expressing concern with taking the child nutrition program, which is primarily federally funded and acts as an agent of the U.S. Department of Agriculture, and tasking them with advancing a State Farm-to-School initiative objective for public schools. This seems concerning. Thank you for the opportunity.

Thank you so much for being here. Next, we have testimony from the Ag's office offering comments via Zoom or in person. Next, we have:

Good afternoon. Travis Moon, Deputy Attorney General. We submitted our written comments about a grant standards issue. I'm available for any questions. Thanks.

Thank you. We received your comments. Next, we have the Department of Ag offering comments. Hawaii Department of Ag, right here. Interesting. We have Hawaii Public Health Institute in support.

Hello, Chair Woodson, Vice Chair La Chica, Members of the Committee, we strongly support this bill. If you take a look at it, SS ACMP may not have to answer to the School Food Service Bureau.

But if they do have a discrepancy, the person that they would go to see is the Superintendent of DOE. And with the DOE overseeing ACMP, it doesn't necessarily allow them to make sure that they're regulating that arm or what they're supposed to be doing, or regulating for the USDA. Thank you.

Thank you so much for that. Okay, next we have Hawaii Cattlemen's Council offering testimony and support in person. Next we have Hawaii Youth Food Council in support. We have Hawaii Farm Union and support. We have one individual offering testimony and support. Anyone else on this Bill? HB 497 seeing none. Members, any questions? Okay, Vice Chair La Chica.

Okay, we have a question for Hawaii Public Institute. Do you know: is the Office of the Child Nutrition Programs—how is it structured with other school districts, like in other states? Where do they sit? Which in which office do they sit under?

Outside of the DOE, oftentimes in other states, regulatory agencies like the Department of Health, Department of Education—I believe—or, excuse me, the Department of Ag.

Do you know why we put them under the Department of Education?

Here in the state, because we only have one Department of Education, it's housed inside of it, is what I've been told.

But their funding comes mostly from federal funds.

Yes, the USDA.

Alright, thank you.

Quick question: When you said that there's a concern that sometimes comes up, and that person has to go to the Superintendent, can you explain a bit more about what you meant by that statement?

Again, I'm still trying to learn a lot of this information here. But, from what I understand, if there is—as it was explained to me—an issue with FSSB over purchasing forks and spoons, then they might be able to figure it out themselves.

But, when they're handing millions of dollars in contract fees, and it, and they're trying to figure out who's right or wrong, there's become, can become, a bigger argument, and then that's when they would have to see the who the person who oversees both branches.

Okay, thank you for that.

Thank you.

Members, any other questions? Okay, seeing none. We're going to move on to the next bill, HB245. This is with regards to the Department of Education and he exposure safety. First up we have DO E offering comments.

Hi, good afternoon, Chair Woodson, Vice Chair La Chica and Members of the Committee. I'm Heidi Armstrong, Deputy Superintendent, Department of Education. The Department stands in support of the intent of HB245 protecting students from the risks of extreme heat during outdoor play is so important and we appreciate the Legislature's recognition of this critical issue.

I just want to highlight a couple of our comments. We're seeking clarification on the timeline for developing and implementing the proposed guidelines. We recognize the crucial need for strategic planning and a systemic rollout. So therefore we'd recommend conducting an in depth study to assess the ongoing cost of guideline implementation and maintenance.

This needs assessment would then serve as a critical mechanism identifying the funds that would be needed for this and also guarantee a sustainable implementation plan. The study will also help us establish a realistic timeline that supports the program's long term success and operational effectiveness.

So we're committed to working very closely with the Department of Health and other stakeholders to protect student health while ensuring the program's long term success and sustainability.

Okay, thank you so much for being here. Next we have the Department of Health offering comments.

Good afternoon. Good afternoon. Chair, Vice Chair, Members of the Committee, I'm Sarah Hipp with Department of Health. We stand on our testimony, support the intent and offer comments. Thank you.

Thank you so much. Next we have the Charter School Commission in support in person.

Good afternoon. Chair and Vice Chair and Members of the Committee on Behalf of Ed Noh. I'm PJ4, Deputy Director. The Commission stands in support of HB 245 and is willing to work with the Committee of the DOE on any measures moving forward. And we thank you for including the charter schools in this. Thank you for being here.

Next we have the Hawaii State Council for Developmental Disabilities offering comments and support in person. Thank you so much. We have Hawaii State Department. That's a duplicate. Next we have Climate Change and Health Working Group and support.

Aloha Chair Woodson, Vice Chair La Chica and Members of the Committee. Mahalo for the opportunity to testify. My name is James McCallan and I am a public health professional speaking on behalf of the Climate Change and Health Working Group, a cross sector coalition of public health professionals created as a result of a resolution passed by the Legislature.

With a network of almost 200 concerned professionals dedicated to strengthening Hawaii's public health response to the climate crisis. While climate change is often discussed in terms of sea level rise and emission reductions, it's also a pressing health issue here in Hawaii.

Rising temperatures, wildfires and smoke, invasive disease carrying mosquitoes and severe weather events directly impact our community's health and well being. As other committees and state departments work to reduce carbon emissions, we must also adapt to the warming already built in our climate system that threatens our health.

HP245 is a crucial step towards protecting our children from one of these immediate risks, extreme heat. It's a proactive step to reduce harm rather than simply reacting. We support HP245 because it offers data driven guidelines to help schools and coaches determine when it is too hot for children to play outside or exercise outdoors.

By using wet bulb globe temperature measurements, the gold standard for heat stress, this Bill empowers educators with clear evidence based protocols and tools to keep children safe. While we appreciate doe's support and recognition of the critical need to proactively prevent heat related illness among children, we also understand Dewey's concern about timelines and implementation.

The Department already has guidelines of heat related illness, but they have not been updated to incorporate the latest wet bulb globe temperature based metrics.

Rather than delaying a year to conduct a new study, we just recommend updating and standardizing the existing guidelines with the most current science, a proactive step that other states like Georgia and California have already done done. Likewise, the Hawaii High School Athletic Association has begun integrating wet bulb globe temperature into its policies which can guide doe's updates.

If it helps with implementation, we can support amending this Bill to clarify the rollout plan in tandem with development of the safety guidelines. Mahalo for your time and consideration. We're available for any questions.

Thank you. Thank you for being here and I actually misspoke. And so we do have another person from the Hawaii Department of Health, specifically from the Environmental Health Administration offering testimony support. If that individual is here, okay. If not, we will move on to Hawaii Children's Action Network Speaks offering testimony and support via Zoom.

Hello Chair, Vice Chair, Members of the Committee. I'm Chevelle Davis with Hawaii Children's Action Network and we stand on our written testimony in support of this bill.

Thank you so much. Next we have Hawaii Public Health Association providing testimony and support. We have Sierra Club Hawaii in support. We also have individual Emily Wimmer Winner Warner. Sorry. In support via Zoom.

Good afternoon Chair, Vice Chair and Members of the Committee. My name is Emily Werner and I'm a student at UH Manoa studying sustainability and political science. Thank you for the opportunity to testify in strong support. Increasing air temperatures and humidity are growing threats and pose serious health risks to students participating in outdoor activities at school.

These include heat stroke, heat exhaustion and other heat related illnesses. In addition, during heat waves, air quality issues are exacerbated, worsening cardiovascular and respiratory conditions. Children are at an increased risk of experiencing heat related illnesses because their bodies are less affected effective at regulating temperatures.

Without action, we are leaving them vulnerable against the intensifying impacts of climate change. Passing this Bill would ensure that schools are safeguarding students from the risks that are associated with heat.

Proactive measure measures such as the use of wet bulb globe temperature thermometers enable schools to assess the outdoor conditions and make informed decisions about limiting outdoor activities during high temperatures and humidity. Passing this Bill is critical for adapting to the realities of our changing climate.

This Bill also recognizes that climate change is more than an environmental crisis, it is also a human health crisis. We have the responsibility to protect students and assure their safety during school activities. Thank you.

Thank you so much for your testimony. Next, we have individual testimony from Elizabeth Keefer. Also offering testimony in person in support.

Yes. Hi. Good afternoon, Chair, Vice Chair and Committee representatives. My name is Dr. Elizabeth Keifer. I'm an internist and epidemiologist. I'm on faculty at jabsom and I'm the mom of two teenage boys. I'm testifying as an individual, but I'm also a Member of the Climate Change and Health Working Group.

We helped to co author this Bill with Rhett Martin. So I hopefully can answer any questions that you may have. Kids are especially vulnerable to heat. They're physically closer to the heat sources, they acclimatize slower in hot weather, and they may actually even take ADHD medications which can impair the body's ability to thermoregulate.

They have no say in the timing of recess or practices and they're often hesitant to speak up because of their they don't want to let adults down. So kids are under the sun in helmets and padding or they're marching with an instrument.

And my own younger son had heat illness after a full day of games in helmets and padding and he was irritable, he had a headache, he was nauseous, he vomited. In all honesty, it actually took me a minute to recognize that he had heat illness. School age kids have died because of heat.

Georgia used to lead the country in heat related deaths until they updated their vague guidelines to a data driven approach. California enacted statewide heat illness guidelines based on data in 2024 in response to the death of a 12 year old middle school boy after he died after recess. So we don't want to wait.

The Hawaii High School Athletics Association has heat guidelines in place using wet bulb globe temperature and this is a great start. So we want to put these in place for all our students. The DOE has guidelines on heat related illness. However, they don't use wet bulb globe temperature. I'm going to show you One of these.

And they rely on coaches and teachers to make safety decisions. So this is the gold standard for indicating heat stress on the body. And it's used by the military and athletic associations to guide exercise in heat. If this measurement reaches certain thresholds, outdoor activity is delayed or modified.

So we want to prepare and not wait until our children get sick. Thank you.

Thank you so much. We have testimony from four other individuals, all in support. Anyone here wishing to provide testimony on this Bill? Okay, seeing none. Members, are there any questions? Advice Chair, Go ahead.

Question for the Department Superintendent. Do you know, do we track the, the data on the number of heat related injuries or illnesses that impact our DOE schools?

We have data that comes to our health room, but we wouldn't necessarily. If a child goes home after practice and we don't know about it. So I don't know how accurate the data would be.

And then do you know if. Because I think in the Bill it asks for $20,000. But if we did propose, if we did do a, what would it entail to kind of.

Is this something that the Department could do if we did like do a study or would we need to like hire somebody to do the study, the in depth study and needs assessment?

Well, if this, it's a device that would go on each campus, we would need assistance. And this is where Department of Health and also the vendors of this product, where does it go? You know, we have to learn how to use it and then how to react when the monitor says, gives us certain information.

So that all takes time for 258 schools to get the guidelines, procure the devices and also do the training for those who are responsible for monitoring the devices.

Okay, thank you.

Members, any other questions? Have a quick question for doe. And so does the Department have any data on any students that have been hospitalized?

Not holding, not saying that you're liable as a Department, but do you have any data as of any students that have been hospitalized because of overheating in school activities, related activities, or in school itself?

I can look into that and give you what data we do have. I'll have an IOU on that one.

Thank you. And for this particular type of concept, just broadly speaking, how long would it take to implement?

I think we need to have an initial conversation with what the monitoring, what does it entail where we're not even at that stage within the Department, but we do look forward to having that conversation. It just has not happened.

So you wouldn't have any idea of the cost?

I looked up the cost and this is as good as a Google search is. And I don't even know if this is standard grade or if there are other grades. Others in this room might have the information. It was about $300. And is it one per school?

These are all of the questions that this assessment or this study would give us time to put together some answers to the $300 per device.

And what about one of the recommendations by the testifier to update existing practices? How long would it take to do that?

We do have those guidelines. The guideline guidelines currently do not include this wet bulb globe temperature thermometers. I think we would look at the working with Department of Health and our other partners who help us put these guidelines together. It takes some time, but it's not an indefinite process.

I don't see any issues with, with updating our guidelines, but it's a matter of what goes in them and we'd work with our partners to determine that.

Okay, thank you so much. Charter School Commission. Really fast, if they're still here. You actually have some campuses that are partially or fully outdoors. Is there any reports from any of your schools of people having to be hospitalized because of heat exhaustion? We haven't asked that specific information.

I could reach out to those schools if you'd like and get back to you, please. Okay, thank you so much.

Dr. Kieffer. Please, really fast. And so per this particular product, is this something that has to be sole source or is there other devices like that? Are you guys saying that this particular product is the gold standard?

I know that's in the testimony, but I don't know which device is the gold standard. The device, the wet bulb globe temperature. This one was $40 on Amazon. Doe is correct. They can range all the way up to $300. So the price varies. The instrument is the gold standard.

I, I don't have a name of a device which people use.

Thank you for that clarification. Okay. Sorry for Dr. Kiefer.

So this is the first time we're. Look. I guess I don't know. So for this bill I'm wondering have you, have you engaged with the Department before? Just wondering on like how you know the interest for the behind this bill and kind of.

Or have you worked with just individual schools to get them to implement this at a school by school level?

We have reached out to the DOE before this and discussed the measures that they already have in place. The rest of this comes from epidemiologic research and review of the literature and what other states have done.

And then do you Find would that. Would you for the the recommendation to look at it as a study. Is this something that the Hawaii Climate Change and Health Working Group would be interested in participating in and developing those recommendations?

Sure. We could provide whatever assistance is needed to help help with the guidelines. I just also want to point out that the Hawaii High School Athletic Association in their guidelines they use wet bulb and then they have a.

It's like a chart and depending on the temperature when you place this on the field, if it reaches a certain threshold, they have guidelines to have water breaks at a certain number of times or delay practice or you know, weight and remeasure things like that. Very specific.

Which takes the onus off of individual coaches and teachers and plates. It places the it on evidence based guidelines.

Okay, thank you.

Okay, members, any other questions? See None. Moving on to the next proposal we have HB841. This is regarding DOE and the hiring of retirements. First up on our list we have Department of Education offering comments.

Hello, Chair Woodson, Vice Chair La Chica, Members of the Committee, Sean Bacon, Assistant Superintendent for the Office of Talent Management, speaking on behalf of the Department. We stand on our written testimony offering comments, and thank you for the opportunity to testify.

Thank you for being here. Next we have HSTA offering testimony and support in person.

Hello Head Chair and Vice Chair. Sarah Milianta-Laffin, Mili. On behalf of HSTA, we support this with amendments because it allows retired teachers to work in teacher shortage areas and hard-to-fill positions. As you know, anybody here knows, we have a teacher shortage.

Every year, we need about 1,200–1,500 teachers to fill our classrooms, especially in areas like special education, Hawaiian language, and STEM. So, I'm a computer science teacher. For me to be here with you this semester, we could not find a licensed computer science teacher to cover my class.

So I'm working with the teacher in the room to make sure that they have lesson plans. So we believe a lot of qualified retired teachers would be willing to return to work, and it allows those experienced educators back to the classroom.

This is also super important because we need mentor teachers to help the next generation of teachers move forward. I wouldn't be where I was today if I didn't have teachers who kind of taught me how to be a teacher.

We would suggest, though, that right now the Bill requires teachers to have been out of the workforce for 12 months before they can return to work. Due to this critical shortage, we recommend the 12-month requirement be eliminated. Mahalo.

Thank you for your testimony. That's all I have on my list. Is there anyone else wishing to testify on HBA 841-C-9? Members, are there any questions? Quick question for DOE: Does the Department currently have any sort of provision that says that there needs to be a one-year hiatus between hiring a past employee of the DOE?

To my understanding, I think that past employees—this may be more of a question for ERS and other agencies—but I think they have to either be out six months or a year before being eligible to come back to state service.

What is the rationale behind that? You said ERS.

I'd have to get back and look into the exact reasoning on that, Chair, but that's something I can look into and get back to the Committee on this.

Okay, please do, because my inclination is to take that part out. Okay. Okay. Thank you so much. Thank you. Members, any other questions? Okay, moving on to the next bill, then we have. Where are we? You're on HB903. This is with regards to the Department of Education and the administering of bronchod dilators.

First up, we have AG's office offering comments.

Good afternoon, Chair Woodson, Vice Chair La Chica Members, Anne Horriuchi. From the Department of the Attorney General. In our testimony, what we suggested is that one, there's a reference to the definition of school as defined in 302A901 in that section, the definition of school is quite expansive.

And so to make the bill, what's in the bill align with what's defined in Section 901, there are some amendments that we suggested to remove the word Department from Department, school and public from public school on a couple of places in the bill. Also, because the definition of school under 302A901 is quite expansive.

Again, it mentions things like daycare centers and preschools. We envision DOE as having difficulty implement, developing and implementing the protocol that's required by new section 302A subsection B. To ensure effective implementation, our Department suggests that the development and implementation of the protocol be assigned to another agency, not just DOE, that might be more suited for that responsibility.

Thank you.

I'll be available for questions. Thank you so much. Thank you for being here. Next, we have DOE offering comments supporting the intent.

Yes. Good afternoon again. Heidi Armstrong, Department of Education. The Department does support the intent of this Bill and offers our comments and our testimony. And we're available for, for any questions.

Thank you so much. Next we have Department of Health offering testimony and support.

Aloha Chair, Vice Chair and Members of the Committee. I am Gloria Fernandez with the Department of Health Communicable Disease and Public Health Nursing Division.

We stand on our testimony, but do want to provide at least one comment here that the Department of Health fully supports this Bill and will work with DOE to help with developing that protocol and other community partners. Thank you so much for your partnership, your willingness to assist.

Next, we have University of Hawaii Systems offering testimony support in person.

Good afternoon, Chair Woodson, Vice Chair La Chica, and Members of the Committee. My name is Clementina Seriulet, Dean of the UH Manoa School of Nursing and Dental Hygiene, offering a testimony in support of House Bill 903 on behalf of the School of Medicine. They're undergoing accreditation visit right now, so they cannot be here.

So this program will authorize the Department of Education to stock bronchodilators for emergency used during respiratory distress. And the Bill further authorizes the DOE employees to volunteer to administer bronchodilators.

So in terms of implementation, the Hawaii Keiki Program, which is a collaboration between the Department of Education and the School of Nursing and Dental Hygiene that's been in existence since 2014, will work with the American Lung Association and the Department of Education and Public Health to implement this program.

So the value of this is that it will provide having the stock of bronchodilators will provide a resource for emergency situation when a student is having difficulty breathing, in particular those with asthma conditions.

And so it also provides comprehensive management for students dealing with asthma so that they can stay in school and not stay home where they're having an asthma attack. I have the Hawaii Keiki program leader here, Dr. Deb Mathews and Ben Kalinsky, who would also be available to answer questions you may have. Thank you.

Thank you so much. So you're representing the University of Hawaii System and also the Center for Nursing, School of Nursing and Dental Hygiene.

Okay, I think we have the How State Center for Nursing here, Laura Rehear. Yeah.

Okay.

Thank you so much.

Thank you.

Okay. Center for Nursing, University of Hawaii.

Good afternoon. Chair, Vice Chair. My name is Laura Reichart and I am the Director of the Hawaii State Center for Nursing. I just want to stand on my written testimony and thank you for hearing this measure.

Okay. Thank you so much for being here. Next, we have Children Action Network speaks in support via Zoom Aloha.

Chair, Vice Chair, Members of the Committee. My name is Chevelle Davis with Hawaii Children's Action Network Speaks. Standing on our written testimony in support. And mahalo for hearing this measure.

Thank you so much for your testimony. Next, we have Hawaii Association of Professional Nurses offering testimony and support, or via Zoom.

Next, we have Hawaii Primary Care Association. Are they here?

Not present.

Not present. Okay. Next we have Hawaii Association for Professional Nurses offering testimony and support via zoom. I just said that. Next we have Hawaii Primary Care Association and support. We have Hawaii State Rural Health Association in support. Hawaii Medical Association in support. Hawaii Chapter for American Academy for Pediatrics in support.

We have American Lung Association and support available via Zoom.

Aloha. Chair, Vice Chair, Members of the Committee, Pedro Haro, Executive Director of the American Lung Association. Apologies for not being able to be there in person. We are thankful to the chair and the Members of the Committee who helped introduce this measure several years ago.

In that time, the American Lung Association has been working hand in hand with the Department of Education on some of the parameters that you see in front of the Bill. But not just this Bill, but Chair Woodson might remember that we were unsuccessful previously.

And since that time, the Department of Health has been working with the American Lung Association to train many of its staff on asthma practices. It has followed through on their promise to be able to ramp up that type of training.

And so what you see the Bill in front of you is the next step on our partnership in being able to provide the tools that are necessary to be able to. To address childhood asthma in schools. I'll be available for questions, but we're thankful to the Committee for hearing this measure.

Thank you for your testimony. Next, we have the Hawaii American Nurses Association foundation offering testimony and support. We have Aloha Care and support. We have a little shy of a dozen individuals all offering testimony and support. What's one individual offering? Comments, Anyone here wishing to provide testimony for this Bill? HB903C9 Members, any questions? Quick question for DOE.

Thank you so much for your being here. And so on page two, line 10, there's language in there that states that the schools shall be designated as a patient. And I'm wondering if you can offer any insight as to what that means, legally or administratively.

Well, it. It allows us to be able to receive that medication. And I'm going to turn it over to our school health specialist, Ben, who. Will explain this in further detail.

Thank you so much. Chair, Vice Chair, Members of the Committee, I'm Ben Kalinsky, clinical consultant for the department's student support branch, Member of the team with Hawaii Keiki. The questions related to changes to the pharmacy dispensing statute.

Specifically, this ensures that the pharmacists, pharmacies and manufacturers understand that a prescription can be provided with a school named as the patient. And this is actually a common feature of initiatives we've seen from other states. So that's something we gained from having that experience. About 23 other states that have similar loss. Perfect.

Thank you so much. Members, any other questions on HB903? Seeing none. Moving on to the next bill, we have HB3 to 9. This is regards to SFA and clarifying their responsibilities. First up we have is AG's office in person or Zoom?

Good afternoon. Chair Woodson, Vice Chair La Chica and Members Ann Horiuchi from the Department of the Attorney General. As we noted in our testimony, there are key distinctions between the oversight of public pre kindergarten and public preschool programs that would affect SFA's new responsibilities that are in this Bill.

We are suggesting that to clarify SFA's role, removing the reference to preschool and the amendments to 302A1703A and amending 302L, which is the EOEL statute that would explicitly allow SFA to partner with the Executive Office on Early Learning for for the projects under eoel's jurisdiction. Also switching gears and looking at workforce housing.

The Bill makes SFA responsible for all public school development related to workforce housing for educators and other education workers. It's unclear whether or not such housing would need to be on school property to qualify as public school development. So we recommend clarifying that SFA can build workforce housing outside of school grounds if that's the Legislature's intent.

Thank you. I'll remain available for questions.

Thank you so much for your testimony. Next, we have SFA Director Fujitani offering testimony and support.

Thank you, Committee. Ricky Fujitani with the School Facilities Authority. We've submitted testimony in support with comments. Our comment summary is pretty much the intent of the Bill summarizes and codifies what's already been passed in previous legislation in terms of appropriations and allotments exceeding over $200 million.

It just seeks to clarify it in our statute and that's why we support it and we appreciate you hearing this bill.

Thank you so much. Next we have Department of Education offering comments.

Hi. Dean Uchida with Department of Education. We stand by a written testimony in providing comments on this measure. Thank you.

Thank you. Thank you. OIP offering comments in person. The Office of Information Practices offering comments. Next, we have City County of Honolulu offering comments in person.

Good afternoon, Chair, Vice Chair and Members of the Committee. I'm Jordana Ferrer here on behalf of the Department of Community Services. We stand on our written testimony in support. Happy to answer any questions. Mahalo.

Yes, thank you so much. Next we Have Hawaii Children Action Network speaks offering testimony and support via Zoom. Hello again.

Hello. Aloha Chair, Vice Chair, Members of the Committee, I am Chevelle Davis with Hawaii Children's Action Network standing on our testimony and support and mahalo for the opportunity to testify.

Thank you so much. Next we have Early Childhood Action Network strategies or yes in support strategy singular. Next we have Public First Law center offering testimony in opposition and we have two individuals offering testimony and support. Anyone else? HP329 seeing none Members, any questions? Vice Chair, go ahead.

Question for SFA. Thank you Director. I don't know if you're able to read the AG's testimony, but wanted to ask on their recommendation first is to remove the reference to preschool in Section 2. I guess number one, new or renovated pre kindergarten, preschool and child care facilities. And then the second part was clarification on the workforce housing.

Except as otherwise limited by this chapter, the authority shall be responsible for all public school development planning and construction related to workforce housing. So emphasis on whether we need to clarify if it is housing must be on school property or not. Do you have any.

Yeah, I can speak quickly on the workforce one. Yeah. The intent is not just for school lands but for any lands, at least from an enabling legislation. So we would agree with what the Attorney General is saying on the preschools. Until I know specifically what the changes are, I'm not really sure.

But the intent of the appropriation allotments for preschools is just not only on state lands but also University of Hawaii lands, city and county lands. So we want that to be broad as you can see by the support by the city sitting County of Honolulu.

Our hope is to build preschools run by the counties and so using state dollars. So we're trying to get an opinion from BNF on whether we can use GEO bonds for that. We want to make what we can do as broad as possible to meet the needs of the pre K of universal pre K.

So as long as that doesn't restrict us, we would support what the AG's changes are.

Thank you. My second question is just because we did receive some testimony is on the part three. Where is it? zero number no number four on the section three.

But on the can you can the SFA please explain the section on sunshine and as it relates to the working groups and the committees and the permitted action groups and what this Bill intends to do.

Right. Our recommendation is to strike that. It's clear enough as is it shouldn't be changed. It got misconstrued in terms of posting that it was to circumvent the Sunshine Laws and that was never the intent. SFA has no exemptions in terms of 92F sunshine or even procurement.

And by striking section 3 it becomes a non issue in this Bill.

So everything all the applications of the Sunshine Law would still apply to the sfa?

Absolutely, yes.

Thank you.

Thank you Vice Chair Members. Any other questions? A quick question for ags. I think this is the purple so I was thinking about just because I was I'm just making sure I understand what your rationale is.

So this is the one regarding your so I should start off by saying the Bill has language in there that amends 302A1703 which you alluded to earlier. And I assume that that language is in there because right now all of the pre kindergarten classrooms are housed in doe schools.

The 302A but you're saying because it also references other programs, some of which are housed in DOE schools. But preschools, which is statutorily defined as private schools, is not that we take out preschool and put it in 302L which is the EOEL statute. Because EOEL has the broader application of expanding early learning opportunities.

Is that what you're saying or am I not understanding?

I believe it is because 302L right. The eoel statute, they're responsible for the early learning center. So that's pre kindergarten. That can be and they're also I think as you know and what I should say is what they have oversight over differs from what DOE has oversight over in terms of before kindergarten.

Because I think we set forth in our staff in our testimony that for instance EOEL has the early learning system at that can be both public or privately operated facilities. DOE is responsible for administering special education and Title 1 funded programs at the pre kindergarten level and can establish Title 1 funded pre kindergarten classrooms.

So I think we're concerned with just making sure that the revisions that are being made to 302A 1703 and that's within the part of the HRS that is relevant to the School Facilities Authority that's 1703A is or 1703 is our powers of SFA.

So we want to the suggestion made in our testimony is just to make just to provide some clarification just because there are some nuances in terms of who who has jurisdiction over what in other statutes with regard to pre kindergarten.

Thank you so much. Members. Any other questions? Seeing none. Moving on to the next Bill, we have HB323 this is teacher housing assistance program for public school employees. First up, we have AG offering comments.

Hello again, Chair, Vice Chair Members, an hi from the Department of the Attorney General. As we noted in our testimony as drafted, there's a possibility that the Bill could violate Section 4 of Article 7 of the State constitution regarding the use of public monies.

And so we recommend that the Bill be amended to insert appropriate standards that would be applied to the voucher program. And we provided some suggested language in our testimony, but we are certainly happy to work with the Committee on providing more specific standards. Thank you and I'll be available for questions.

Thank you so much. Next we have Department of Education offering comments.

Good afternoon, Chair Woodson, Vice Chair La Chica Members of the Committee, Sean Bacon speaking on behalf of the Department of Education. We stand on our written testimony providing comments and thank you for the opportunity to provide testimony.

Thank you for being here. Next, we have the Hawaii Charter School Commission offering testimony and support in person.

Aloha Chair and Vice Chair PJ4 on behalf of Ed Noh, the Commission stands on its submitted testimony in support with amendments including the language of charter schools within the amendment. And we're looking forward to work with. The Committee and anyone else on this. Thank you for being here.

Next we have HSTA offering testimonial support in person.

Aloha Chair and Vice Chair and Committee. Sarah Milli Ontalaf and Komi Milli on behalf of Hawai'i Teachers Association. Obviously we stand on our written testimony. We know teacher housing is a huge problem on keeping qualified teachers in our classrooms. I'll just offer you two stories. I also serve as the elected Leeward Chapter President for Leeward Oahar Teachers.

It's the largest HSCA chapter, 3,000 teachers. Often many of the new teachers. I had teachers join a meeting last week.

They live five teachers to a one bedroom studio and so they joined the Zoom for our meeting from their cars and I could tell they were in separate cars because that was the way they could do it without having an echo.

So if we want new teachers and qualified teachers in our classrooms, we have to make sure they can afford housing, especially as they're starting out. I will also just say I've been teaching for 19 years. I worked really hard in this profession and I got an email last night that our landlord is returning from abroad.

So I don't have housing come the end of the school year. So it is a real problem. It happens to teachers at all levels of their career and I really hope this Bill could support fixing it. Thank You.

Thank you for sharing your stories. Thank you. Next we have the Democratic Party of Hawaii Education Caucus offering testimony and support. Democratic Party Hawaii in support. We have HDEA with testimony offering comments. And then we have one individual offering testimony and support. Is there anyone else wishing to provide testimony for HB 323? Seeing none.

Members, are there any questions? Seeing none. We're going to move on to the last Bill, HB 1088. This is with regards to DHHL, their development and the waivering of school impact fees. Schools impact fees waiver, I should say. First up we have Deal E offering comments.

Good afternoon. Chair Watson, Vice Chair La Chica and Members of the Committee, Dean Uchida with Department of Education. We stand on our written testimony which provides comments on this measure. Thank you. Thank you so much.

Next we have SFA in person in support.

Thank you. We are in support with comments. It comes down to it doesn't make sense for another state agency to extract fees from another state agency all trying to build housing. Thank you.

Thank you so much. And then we have DHHL offering testimonial support.

Aloha, Chair Woodson, Vice Chair La Chica, Members of the Committee Oval, Oriana Leao Nahasa, Government Relations Program Specialist for the Department of Hawaiian Homelands. DHHL stands on its written testimony in strong support of this measure that was approved by the Hoi and Holmes Commission and approved and included in the Governor's administrative package. As outlined in our testimony.

DHHL currently leases educational facilities to a number of schools, public schools, public charter schools and early learning facilities at minimal to no cost. DHHL was previously exempt from school impact fees pursuant to Act 197 Session Laws of 2021. However, Part 1, Section 1 of that act sunset in 2024.

It is a new year and we hope to continue to be exempt via statute. Every dollar saved by the Department via school impact fee exemption counts for the Department because every applicant on the waiting list matters. Mahalo for the opportunity to testify and I'm available for questions.

Thank you for being here. Next we have the Tax Foundation of Hawaii offering comments via Zoom. Not present. Not present. That's all I have on my list. Anyone else wishing to provide testimony on HB 1088, see none. Members, are there any questions? Okay.

Thank you for your testimony and for explaining that more. So my question is, in light of everything that's going on right now, if. This exemption is granted, would DHHL then. Be able to route those funds to. Other necessary needed programs?

Absolutely. As I mentioned, every applicant on the DHHL waiting List matters, as well as the 10,000 lessees that currently reside on Hawaiian homelands. We have in the past and currently via Governor's 10th Emergency Proclamation for Affordable Housing, have been using those funds to maintain existing lots and we hope to serve more applicants on the waiting list. Excellent.

Thank you very much. Mahalo.

Thank you Members. Any other questions? See None. We're going to recess for decision making on several bills. Thank you Members for being here. First up, we have HB110. This attempts to homogenize the DOE's locally sourced benchmarks and other with other State departments.

Members, I would like to move this with the HD one simply defecting the effective date to July 1st. 3000. Questions? Comments? Concerns?

Vice Chair for the vote A Members voting on House Bill 110. Chair's recommendation is to pass with amendment. Chair and Vice Chair vote I. Representative Amato.

[Roll call]

Thank you Members. Moving on to HB328. This is with regards to the Department of Education, farm to school and locally sourced food products and plant based options. Members, per the AD's recommendation, I would like to make an Amendment to page three, lines 19 to 21. Members will take out the existing language in subsection C.

I didn't have time to pass this out so I'll read a new proposed subsection C and it would State Notwithstanding Section 1022 each school subject to approval of the Superintendent may accept donations contributions from individuals, nonprofit organizations and private entities to support the Farm to School meal program, including the procurement of locally grown food items, the establishment of sustainable school meal practices and locally the use of locally grown food items in school cafeterias under the School Services branch.

When I add that provision. Also we'll accept AG's friendly amendments just to clarify different terminology throughout. Besides that, we will defect the date. Questions? Comments? Concerns?

For the vote voting on House Bill 328, Chair's recommendation is to pass with amendments. Chair and Vice Chair vote Aye. Any Members voting with reservation. Any Members voting? No. Chair recommendations adopted.

Thank you Members. We'll be gone to HB497. This transitions the Hawaii Children's. Excuse me, the Hawaii Child Nutrition Program Agency from DOE to the Department of Agriculture. Members, to continue the discussion, we'll move this Bill on. It needs a lot of work. But to continue the formal discussion, I will say we are going to propose HD1 first.

Starting off on page one, line 17, moving on to the next page to page two through line eight. Members, I would like to strike out that language. I did not see any documentation that substantiated that the Department of Education was doing anything unethical or illegal and so therefore I will strike that out.

Also, per the AD's recommendation regarding Grant programming, which is to be established in all the public schools, will accept their General language to set up standards per that grant funding formula, and that's found in their testimony and that's per the concern regarding the constitutional provision. Also, we will defect the date to July 13000.

That constitutional provision will be added to page three in a new subsection just to clarify. Questions Comments Concerns Vice Chair for the.

Vote Members voting on House Bill 497 chair's recommendation is to pass with amendments. Chair and Vice Chair Vote I. Any Members voting with reservations. Any Members voting no Chair, your recommendation is adopted.

Thank you. Members. Moving on to HB245. This is with regards to the Department of Education, the Department of Health, developing and implementing heat exposure policies for DOE activities.

Members that concur with the DOE's assessment, I think that they do the time, it is more prudent for them to do a study with and in relation with the Department of Health and also the Charter School Commission to see if there are current practices in place that are sufficient and also if they are not, give them time to formulate a strategy that they can effectively implement and also to cost that out and to report back to the Legislature next year or prior to next year, to be specific and defecting the date.

Questions Comments Concerns Vice Chair for the.

Vote voting on House Bill 245. Chair's recommendation is to pass with amendment. Chair and Vice Chair Vote I. Any Members voting with reservation Any Members voting no Chair, your recommendation is adopted.

Thank you. Members. Moving on to HB628, Department of Education and Diplomats for persons involved In World War II, the Korean and Vietnam wars. Members that would like to move this with the HD1 defecting the date only proposed amendment. Questions, comments and concerns Vice Chair for.

The vote voting on House Bill 628 chair's recommendation is to pass with amendment. Chair and Vice Chair Vote I. Any Members voting with reservations. Any Members voting no Chair, your recommendation is adopted.

Thank you. Members. Moving on to HB841. This is with regards to the Department of Education, a potential rehiring of retired teachers. Members per the DOE's testimony. I would like to accept their paragraph d on page three. That's line 19 and Section five.

This is to make the provisions in throughout the throughout the proposal more consistent with existing practice and specifically that deals with how they offer compensation to teachers coming back into the industry.

Also Members, per the request of the Department, I would like if the Department of not the Department of Labor, if the Labor Committee decides to take up this proposal, I would like them to look at the employee benefits section.

That's outside of the auspice of this Committee and it's more suited for LAB to consider if the proposal moves forward and they consider to hear the Bill in their Committee.

Also just changing difficult to fill to hard to fill as hard to fill is statutorily and otherwise defined in the Department and accepting HSTA's provision not to recommend that there be a 12 month hiatus between hiring and rehiring these potentially new teachers. Can't read my handwriting.

Besides that, defecting the dates to July 1st, 3000 and that's all I have. Questions, Comments, Concerns?

Vice Chair for the vote voting on House Bill 841. Chair's recommendation is to pass with amendments. Chair and Vice Chair vote I Any Members voting with reservation. Any Members voting no Chair. Your recommendation is adopted.

Thank you Members. Moving on to the next Bill we have HB903. This is with regards to the Department of Education Bronco dilators and the administ and administrating Administration of those equipments within DOE schools.

Members, I would like to pass on an HD1 accepting DOE's recommendation on page 7, line 2 by adding that the Administration of stock bronchial dilator Bronchial dilators by authorized employees or agents pursuant to this section shall not require or imply any diagnostics diagnosis or to be interpreted as practicing and medical nursing and other or by other license activity.

I didn't have time to type this out so I'm reading this, reading my handwriting. So if there's any questions about that, please Members let me know. Also, University of Hawaii requested a similar amendment. So please take a look at what the DOE and UH had in their testimony. And that's actually what I would like to incorporate.

Per AG's recommendation, we want to clarify terms those are friendly amendments and besides that defecting the date to July 1st, 3000. Members. Questions? Comments? Concerns Vice Chair for the vote voting.

On House Bill 903. Chair's recommendation is to pass with amendments. Chair and Vice Chair vote aye. Any Members voting with reservation. Any Members voting no Chair recommendations adopted.

Thank you Members. Moving on to the next Bill we have HB 1074. This is with regards to SFA and DOE communications Members on page 3, lines 10 and 11 won't remove the language as both SFA and DOE agree that that should not be present and it doesn't actually value add to the larger Bill.

Besides that, we will just simply defect the date to July 1st. 3000. Questions? Comments? Concerns Vice Chair for the vote voting.

On House Bill 1074. Chair's recommendation is to pass with amendments. Chair and Vice Chair vote aye. Any Members voting with reservation. Any Members voting no. Chair recommendations adopted.

Okay, thank you, Members. Moving on to the next Bill, HB329. This attempts to clarify SFA's authority and responsibilities.

So Members first on page seven, Section three, we want to delete that out in its entirety per the discussion here in the Committee and also conversations I had prior with SFA that said that they do not need that information that that language in the Bill, again it does not value added and it confuses the larger proposal.

To complement that proposed amendment. Members, we'd like to take out language found on page two, lines one through four, that's in the purpose clause. Again, that speaks to Sunshine Law. And again we're taking out that provision so we do not need to reference it in the purpose clause.

I would like that to be explicitly mentioned in the Committee report so it's abundantly clear. Also, Members on page Excuse me, in Section two that's found on page one, subsection one, we want to migrate that term preschool to language that's embedded in 302A. 302L. That's hrs 302L.

That's the correct statute as it's applicable to EOEL and their relationship with SFA as it relates to them building out these early learning opportunities for for preschools. Also, for clarification purposes, we want to state that SFA does have the authority to build workforce housing on tmks that are not owned by the doe.

That's on property that's outside of DOE or public school grounds. Besides that, defecting the date to July 1st. 3000. Questions? Comments? Concerns Vice Chair for the vote, Members.

Voting on House Bill 329. Chair's recommendation is to pass with amendments. Chair and Vice Chair vote I Any Members voting with reservation. Any Members voting no Chair, your recommendation is adopted.

Thank you, Members. Moving on to HB323, Teacher Housing Assistance Program Members, I'd like to propose that HD1 I would like to take out the $500 cap. Reference that in the Committee report. But ultimately, you know, that should be decided by the Committee on Finance. If they so choose to hear the proposal.

Also, Members, there are some potential state Constitution issues again referenced by the AG with regards to Section 4, Article 7 and So similarly so we would like to add standards that is per the AG's recommendation. You can find that on the public record.

We'll also clarify in the purpose clause that this is for public schools defined as public schools traditional and charter.

And lastly on page four lines one to two, I will clarify that this program is to be applicable for licensed DOE which is defined as traditional and charter school teachers that have served A minimum of one year service and defecting the date to July 1st, 3000 questions Comments concerns Pressure for the vote voting.

On House Bill 323. Chair's recommendation is to pass with amendments Chair and Vice Chair vote Aye. Any Members voting with reservation Any Members voting no Chair your recommendation is adopted.

Thank you Members. HB 1088 this is with regards to Dharma HL school impact fee exemption. Members I concur with the testifier. This was exempt before and so I'd like to pass this on simply defecting the date to July 1st. 3000 Questions Comments concerns Vice Chair for.

The vote Voting on House Bill 1088 Chair's recommendation is to pass with amendments Chair and Vice Chair Vote I Any Members voting with reservation Any Members voting no Chair, your recommendation is adopted.

Thank you Members. Adjourn.