HAGÅTÑA (The Guam Daily Post) — A new judge will need to be assigned in the Adequate Education Act lawsuit against Guam Department of Education officials. Until then, the possibility of resolution must wait.
Superior Court of Guam Judge Dana Gutierrez made it clear during the first hearing that at some point she may need to recuse herself from the case, citing the existence of a potential conflict of interest.
“In the interest of transparency, I do note that my sister Hannah Gutierrez is an employee of the Guam Department of Education and is the principal of Astumbo Middle School,” Judge Gutierrez said on Aug. 25.
Although at the time no conflict was perceived as the lawsuit does not directly involve Astumbo Middle School and there were no objections from legal counsel to her presiding over the case, on Friday Judge Gutierrez disqualified herself from the case due to her familial relations.
The case must now be assigned to another judge.
As a result, there was no movement to resolve the matter without heading to trial.
Attorney General Douglas Moylan, who represents the government of Guam, submitted to the Court a trial memorandum and motion for mediation before Gutierrez’s disqualification.
The motion for mediation requested to resolve the matter by ordering the parties to work on a consent decree for the court’s consideration.
“The government submits to the Court that mediation is provided for by the Court rules and would be beneficial in resolving the issues before the Court. The appropriate mediator, as a neutral third party, would work towards the resolution of the parties’ disputes by supervising the exchange of information,” Moylan stated in the motion.
Preliminary injunction
If mediation is not ordered, the government requested that a preliminary injunction be granted with seven stipulations:
- That the two schools – Agueda Johnston and Oceanview Middle School – “not be occupied for education purposes unless a sanitary permit is issued that certifies that the facility is safe for use.” This process is to be “immediately implemented by the Court special master.”
- That the superintendent identify charter schools and private schools that the students of the two schools identified in the lawsuit (Agueda Johnston and Oceanview) can attend through a voucher program within one week of a court order.
- That the director of the Department of Public Works immediately assess and bring the two schools into compliance with sanitary inspection. “Which shall include using the budget of the Guam Department of Education and the government of Guam’s General Fund to pay for the necessary repairs under the direction of a Court special master.”
- That a facility be identified for the temporary centralized education of all students with special needs who cannot presently attend a school facility.
- That all directors and heads of the government of Guam provide the court special master their “full assistance to complete the requirements” of the court order.
- That online education not be used as an option to educate students at the two schools identified in the lawsuit.
- That the court special master file – and serve the parties involved – weekly updates and recommendations to the court that arise from the special master’s mandates.
According to the memorandum, the parties involved in the case have “actively discussed presenting the Court with a consent decree and appointing a Court special master.”
The memo also stated that the parties have agreed upon several issues to include that “the students cannot be exposed to school(s) that have not had a sanitary health and safety inspection.”
As of the filing of the court documents on Sept. 15, neither Oceanview nor Agueda Johnston middle schools had a valid sanitary permit.
The lawsuit filed by the parents of two students with special needs attending the schools alleges that the superintendent and the Guam Education Board failed to meet the Adequate Education Act by not providing a certified teacher in the classroom of one student and failed to provide a safe and healthy environment for the other student, leading to “irreparable harm.”
The entrance of Oceanview Middle School is seen July 3, 2023, in Hågat.
