Amid unresolved chronic dysfunction, the governor insists the problem is out of her hands
By Naina Rao
Guam’s 41 public schools were supposed to open by Aug. 8 but the opening was delayed by a week because most schools had not complied with the Department of Public Health and Social Services’ sanitation regulations. As of the last week of August, more than 25 have reopened after passing inspections or renewing sanitary permits. The future of the remaining schools is uncertain, with some possibly going online, and some on track to pass inspections.
While acknowledging that alternate scheduling, double sessions and online classes may not be ideal, the education superintendent said he was “absolutely satisfied” with the collaborative work accomplished by administrators, staff, volunteers, campuses and local leaders to help ready schools for a successful inspection and reopening. “It’s an excellent example of the model that I’m trying to get everybody to understand, and that is, we’re one crew,” Erik Swanson said. “No passengers. And this crew is really, really working well together.”
But the crew took a convoluted journey of political bickering and blame games that went on for weeks.
What caused the delays in school repairs and safety inspections? There were all sorts of answers— or excuses. Covid-19, Typhoon Mawar. Inadequate personnel. And as far the governor is concerned, she is powerless.
The Guam Department of Education has a history of headline-making shortcomings. In 2009, the Guam Fire Department reported that of the 36 schools inspected, only one had fully functional alarms and sprinkler systems.
In June 2015, the Department of Public Works issued a $100 million request for proposals to upgrade Simon Sanchez High School, which was later deemed unfit to remain open based on subsequent inspections. Plans to rebuild Simon Sanchez have yet to materialize.
A decade later, the department has not made any progress.
In 2023, Sen. Chris Barnett’s Bill 29-37 fast-tracked a set of regulations that initially gave GDOE five years beginning in 2019 to get into DPHSS compliance for all public schools. GDOE had originally asked for 20 years.
But then Typhoon Mawar hit Guam, frustrating the legislative pressure.
The legislature passed a subsequent bill that pushed the compliance timeline back to the beginning of this school year.
June 30 was the deadline for public schools to get in line with sanitary regulations, or potentially face shutdown. Two weeks before the deadline, Sen. Dwayne San Nicolas introduced a bill to waive 18 school health inspections for the 2024-2025 school year, to ensure a timely reopening on Aug. 8. The bill was defeated.
The political drama, highlighted by buck-passing, continued in the succeeding weeks.
The education board called on lawmakers, the governor and any GovGuam agencies for aid. The emergency declaration also eased procurement restrictions for up to $250,000 worth of spending, allowing resources and vendor contracts needed to get schools cleaned up to be secured more quickly.
Adelup said an emergency declaration from the governor would not speed up the opening of schools due to the delays caused by refurbishment work.
In a special public address, the governor reiterated that under the current law, “I cannot manage DOE’s leadership, deploy its personnel, direct its finances, or correct its policy.”
Leon Guerrero then proposed a bill that would allow her to take over the GDOE for the remainder of her term in office, and “fix” the public-school facilities.
Guam’s legislators slammed the door on the governor’s request.
“There's a lot that needs to be examined with the implementation of such a bill and what existing statutes it would conflict with,” Barnett said.
“You're asking us to provide you with the permission to do something that you already have the power to do or that you had previously stated that you have the power to do? What for?” Sen. Frank Blas Jr. asked.
“We've heard the governor say these things, like ‘I have no authority over education,’ and now she's proposing we must give her this authority,” said Speaker Therese Terlaje. “A total blanket authority to pretty much wipe out any duties or responsibilities of the superintendent of education.”
The governor subsequently formed the School Opening Readiness Team that deployed agencies to public schools for quick fixes.
Just the same, Krystal Paco-San Agustin, the governor’s communications director, maintained that the Organic Act of Guam limits the governor’s ability to help the education agency. “The governor doesn’t have authority over GDOE,” Paco-San Agustin said in an email. “She has no control over their budget. [GDOE] makes their own budget request and gets their own funds, like the American Rescue Plan.”
Paco-San Agustin added that Adelup’s efforts through SORT are restricted as they’re unable to purchase any materials. “GDOE needs to buy more materials for plumbing, structural, and electrical repairs,” she said. “So many of the high demerits are sourced from decades’ worth of neglect. Band-aid fixes, like painting and cutting grass, are cosmetic – and not the reason schools remain closed.”
While it may seem like it’s either an independent department expected to act on its own or an orphaned agency no one wants to take responsibility for, GDOE gets a huge slice of the government’s annual budget. It had a budget of $284 million in fiscal 2023 and $235.5 million in the current fiscal year. The department is requesting $303 million for fiscal 2025.
The department has also received large sums from the federal government. From 2020 to 2023, GDOE was granted a total of $152 million through two rounds of Education Stabilization Fund grants, according to the Office of Public Accountability. “All funds allocated for ESF I have been expended as of June 30, 2023,” the OPA said in its July report. The second round had a balance of $3.2 million as of May 2024.
Besides the ESF, the education department has also received $286 million from the American Rescue Plan funds “to return students safely to in-person instruction, maximize instructional time and address learning loss. ARP funds have been utilized to prioritize capital improvement at GDOE schools in order to sustain safe operations of schools with the full implementation of in-person instruction,” the OPA said.
More funds are likely to flow into the department. At a recent budget hearing, senators approved Sen. Will Parkinson’s proposal directing 50 percent of the newly established cannabis excise tax revenue to the education department for facilities maintenance and repair. The Guam Cannabis Industry Act imposes a 15 percent excise tax on the sale or transfer of cannabis from cultivation facilities to retail stores or manufacturing facilities. "With the legalization of cannabis, we have a new opportunity to invest directly in our education system, ensuring it benefits our priorities—our students," Parkinson said.
In the meantime, officials hope for more schools to reopen.
At an Aug. 27 news briefing, education officials were asked to explain the difference between the recent weeks and five years ago. How did they manage to complete the inspection and secure permits to open the schools within two weeks after dragging out the process for five years?
Officials laughed in response.
“It’s the pressure,” one commented.
Does GDOE need continued pressure to maintain timely and fast-paced inspections and permits? Swanson said no, but failed to elaborate on his plan to avoid the delay from happening again.
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