The measure would require the weekly disclosure of schools with outbreaks

Posted: February 3, 2021

A bill requiring the Hawaii Department of Education to publish a weekly report naming the public schools that have COVID-19 cases among students and staff unanimously passed the Senate Education Committee Wednesday.

The Hawaii State Teachers Association raised concerns about a lack of transparency in the HIDOE’s disclosure policy in August, when the department began releasing weekly tallies cases broken down only by complex areas but not by individual schools. Complex areas are composed of two or three high schools and the middle and elementary schools below them.

The Senate proposal would name the school, the date the COVID-19 test result was reported to the school, and when the individual was last on campus. It would cover cases among students, staff members, and “affiliated individuals.”

“The public has a right to know what schools have been impacted. So why is DOE hesitant to do that?” said state Sen. Michelle Kidani, who chairs the Education Committee and introduced the bill, SB 811.

“We’re not here to say that you should be naming individuals,” she said, addressing HIDOE officials.

“We’re just asking you to name the school. Previously you guys have told us it’s against HIPPA (the federal Health Insurance Portability and Accountability Act) it’s against FERPA. I doubt that that’s the truth,” Kidani added.

HIPPA stands for the federal Health Insurance Portability and Accountability Act, a federal law that protects medical privacy, while the Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records.

“DOH (the Department of Health) often names care homes and condos where there have been outbreaks, so I do not see why you cannot name the school,” Kidani said.

“Instead of naming a complex area, which in the case of Mililani can from Mililani Town all the way through the North Shore, with thousands of people there wondering what school it is. And being unaware, it makes parents and students hesitant to come back to the classrooms,” said Kidani, who represents those areas of Oahu in the Senate.

HSTA President Corey Rosenlee told senators, “This is something that we’ve been advocating from the beginning of this pandemic.”

“We know that other states are actually doing it by school,” Rosenlee added.

“We shouldn’t have to guess if there’s a case at a school. It doesn’t allow us to have any accountability to the DOE to look to see what type of opening a school is having,” he said.

If they are bringing all students on campus, are they reporting higher cases, Rosenlee asked.

The Department of Education raised concerns about violating the privacy of children and adults as a reason for issuing its weekly COVID-19 case reports by complex area instead of school in most cases.

Phyllis Unebesami, HIDOE’s deputy superintendent, told senators, “We have experienced disruptions to the school operations. We have seen families and/or community groups that have been ostracized and/or marginalized, especially in communities that are small enough that it’s easy to identify,” because of disclosures.”

“We know from talking with school leaders, it has impacted their ability to run the schools,” Unebesami said, referring to what she called “the burden” on principals who have to respond to media reports of specific school outbreaks.

“We do notification and community with individuals who might have been affected. But we do not feel that publishing it adds to the value of the communication protocols that we have already set up,” Unebesami added.

State Sen. Donna Mercado Kim, vice-chair of the Senate Education Committee, disagreed with the HIDOE’s approach to general case tallies that fail to name schools.

“Word gets out and it doesn’t get out in an accurate way. And the community’s going to be all up in alarm. So I think that’s a worse scenario than you folks being in front of it and taking control of it,” Kim told Unebesami during the hearing Wednesday.

“This bill is here because this is what the community feels is needed. They want to know what school. So I think you folks need to re-think your position on this,” Kim said.

State Sen. Donovan Dela Cruz also disliked the HIDOE’s approach.

“I think it’s more effective if the department controls the messaging rather than the coconut wireless,” Dela Cruz said.

“You’re already behind because the department is not taking the lead.”

All five members of the Senate Education Committee at Wednesday’s hearing unanimously approved the bill with no amendments. Next, it will go to the Senate Judiciary Committee for further consideration.

HIDOE’s current policy calls for:

  • Immediate notification to individuals who may have come in close contact with the infected person.
  • Notification to staff and the school community about the possible exposure and activities to contain the spread of infection.
  • A daily report to the state Board of Education of confirmed cases.
  • Weekly public reporting of cases by complex area.

The HIDOE said principals communicate directly with close contacts, in collaboration with the Health Department, as they learn of cases. They also notify their school community, including employees and parents, and often post letters on their websites.

The state of Hawaii Office of the Auditor released a report in August critical of the HIDOE’s policies and procedures for handling positive COVID-19 test results.

“Although DOE has communication policies and procedures in place to address COVID-19 cases, we question whether the department is following its own guidance. DOE generally has not provided information about COVID-19 cases on school campuses and the limited information that it does share has been inconsistent and incomplete,” the auditor’s report said.

The latest weekly coronavirus tally by the HIDOE Friday, Jan. 29 showed 14 confirmed cases statewide among people who had been at school facilities: six employees, six students, and two service providers or visitors. It also reported 13 more cases among students who had not been on campus for two weeks.