|
Every Child is Entitled to an Adequate
Public Education Act
Bill 162
- Explanation Sheet -
|
Defining an
adequate education
|
| |
• The Organic Act assigns the responsibility
of providing an adequate public educational system to the entire
government: “The Government of Guam shall provide an adequate
public educational system of Guam, and to that end shall
establish, maintain, and operate public schools according to the
laws of Guam.” ( Section 29(b) of the Organic Act) |
• Bill 162 states that an adequate public education means
a system of public schools that at the minimum provide:
|
1. certified teachers for every class in a ratio established
by relevant collective bargaining agreements,
2. properly ventilated classrooms in which the sensible air
temperature is no greater than 78º F.*
3. a supply of potable water sufficient to provide each student
a daily ration of drinking and washing water,
4. a reliable source of electricity
5. proper sanitation to include flushable toilets, clean restrooms,
dining areas and classrooms,
6. adopted textbooks and workbooks issued to each public school
student for the classes in which he or she is enrolled
7. libraries, which meet the standards of the American Association
of School Librarians, at each school, operated by certified
librarians
8. a healthful, safe, sanitary learning environment
9. 180 instructional days each school year, with school years
that end no later than June 10.
|
| |
Responsibilities
|
| |
• Bill 162 provides that resources of the whole government
must first be directed toward providing an adequate public educational
system. The legislation provides that all GovGuam agencies that
are directly and indirectly involved in providing or supporting
education of children are responsible for providing an adequate
public educational system.
|
• The bill directs the Superintendent of Education and
the Education Policy Board to provide an adequate public educational
system.
|
• §8 of the bill states that it is the mission of
all public officials of the executive branch
to provide an adequate public education.
|
• The bill zeroes in on the Directors of Administration
and BBMR requiring them to handle cash allotments and releases
in such a manner as to allow for adequate public education. In
short, the two agencies would be required to release the entire
appropriation of the Guam Public School System in a timely fashion.
|
| |
Litigation
|
| |
• There must be consequences for not providing an adequate
education. Bill 162 provides those consequences. The bill recognizes
that a right to an adequate public education is analogous to a
constitutionals civil right and provides a school child acting
through a parent the right to initiate litigation against a government
of Guam agency or agencies to secure and protect that civil right.
|
• Bill 162 is the first legislation to hold GovGuam accountable
under the Organic Act for providing an adequate education to school
children.
|
| |
Effective Dates
|
| |
• The provisions of the bill, especially the litigation
provisions, are “strong medicine.” Rather than being
effective on adoption, as is the case with most laws, different
parts of the bill have different effective dates.
|
• The parts of the act that allow school children to sue
being the most onerous part of the act, the litigation provisions
are not effective until 180 days (6 months) after the enactment
of this act. If necessary, the Education Policy Board can, by
resolution, extend that effective date once for up to 90 days.
Thus the government could have up to nine months (an amount of
time equivalent to one school year) to provide adequate education.
|
• Other less onerous provisions dealing with management
duties and responsibilities kick in 90 days after enactment.
|
• Other provisions are effective on adoption.
|
| |
*Sensible Temperature is the temperature felt by humans which takes
into account the humidity and wind factor and not just the thermometer
reading.
|
