HAGÅTÑA (The Guam Daily Post) — Public Law 37-4 was meant to hold education officials accountable for the state of the Guam Department of Education schools and ensure compliance with sanitary building codes, but according to a Guam Education Board member, it instead sets GDOE up for failure and should be held in abeyance.
Angel Sablan, chair of the board’s Safe and Healthy Schools Committee, said something had to be done to address the mandate.
“We have to do something about this, asking the Legislature to either suspend, repeal or rescind, whatever, Public Law 37-4 because we all know the mandates of 37–4 sets us up for failure,” Sablan said. “There is no possible way that all the schools can be inspected before the opening, and there is no way that the schools that are found with a ‘D’ rating are going to be able to comply … in such a time frame to be reinspected.”
The new school year is set to start Aug. 9, which means GDOE schools have a little over seven weeks to comply with the law.
A resolution was put on the table, which offered two options: Hold P.L. 37-4 in abeyance, or rescind the law’s applicability to school year 2023-2024. The board approved the measure.
GEB Vice Chair Maria Gutierrez doesn’t want the law to be suspended and expressed the need for pressure to be placed on GDOE management.
“I have an issue that when this public law is suspended, DOE management is going to sit back and say, ‘Oh, that’s OK because it’s suspended,’” Gutierrez said.
Gutierrez said GDOE management hasn’t done anything substantial to bring the schools up to par.
“I am very uncomfortable to vote for this resolution because I know that it’s going to be the same old same old,” she said.
Double-edged sword
Sablan acknowledged the resolution was a double-edged sword, “but what do we do if, for example, 20 of the 41 schools are closed? … What is the alternative? What do we do?”
Sablan said the resolution isn’t asking for the public law to be done away with, but instead would give incoming Superintendent Kenneth Swanson the opportunity and time to address the state of schools when he takes over July 1.
“I know the choice is difficult, but the bottom line is what do we do with our kids if we are just going to give them another year of vacation because the schools are shut down?” Sablan asked.
GEB Chairperson Mary Okada said the resolution wasn’t asking to suspend the law.
“The resolution asks for everything to continue, (Department of Public Health and Social Services) inspections to continue, for us to be given what are the deficiencies. If you look at the timeline, we are requesting a timeline to come into compliance (for) school year 2024-2025,” Okada said.
The request for a year’s extension, she said, is exacerbated by recent damage to school facilities by Typhoon Mawar, which only sets back GDOE’s ability to comply with the law.
“I think this is a reasonable extension, which is one year, but allows everything to continue as required by Public Law 37-4,” Okada said.
If the resolution is met with legislative reform by senators, it would mean that schools wouldn’t be shut down if not inspected or if a “D” grade is issued come Aug. 9.
The resolution also provided the opportunity for education officials to seek additional funding to address the health and safety needs of schools.
“We know that when the report cards come in that we are going to have to start prioritizing because the money available is not a bottomless pit. The money we have right now is finite. What we come back with in terms of being able to claim for (Federal Emergency Management Agency), there’s still a matching component that has to be met,” Okada reminded board members.
Acting Superintendent Judi Won Pat pointed out to board members that during the roundtable hearing on the state of public schools and compliance with P.L. 37-4, she requested for a waiver to be granted as the law’s author, Sen. Chris Barnett, indicated that he was not going to toss the mandate aside.
The resolution was passed with a majority vote and only one in opposition.
Capt. H.B. Price Elementary School in Mangilao is shown May 17, 2023. The school failed to pass an internal sanitary inspection conducted on April 6, 2023, according to a teacher who asked to remain anonymous.
