27th Guam Legislature

Monday, June 6, Governor Felix Camacho signed Bill 1 - the Every Child is Entitled to an Adequate Public Education Act of 2005. Bill 1 is now Public Law 28-45.

This legislation will establish at least a minimal definition of an adequate education system.

As defined in the legislation, an adequate public education system means Guam public schools will at the minimum provide:

1 a certified teacher for every class in a ratio established by relevant collective bargaining agreements;

2 certified professional administrators;

3 certified guidance counselors;

4 certified school health counselors;

5 certified allied health professionals;

6 air conditioned or properly ventilated classrooms in which the sensible air temperature is no greater than 78ºF.;

7 potable water sufficient to provide each student a daily ration of drinking and washing water;

8 a reliable supply of electricity;

9 proper sanitation to include flushable toilets, clean restrooms, dining areas and classrooms;

10 adopted and required textbooks and workbooks issued to each public school student for the classes in which he or she is enrolled;

11 libraries, which meet the standards of the American Association of
School Librarians, at each school, operated by certified librarians;

12 a healthful, safe, sanitary learning environment;

13 at least one hundred eighty (180) instructional days each school
year with school years ending no later than thirty (30) days following the
end of the calendared school year; and

14 regular, timely school bus transportation to and from the school.

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 1 holds GovGuam accountable under the Organic Act for providing an adequate education system to school children.

The bill provides that resources of the whole government must first be directed toward providing an adequate public educational system. The legislation directs GovGuam agencies that are directly and indirectly involved in providing education to children, be responsible for providing an adequate public educational system.

The act recognizes that education on Guam is a civil right and provides school children the right to initiate litigation against a government of Guam agency or agencies failing to provide the student with an adequate education.

*Sensible Temperature is the temperature felt by humans which takes into account the humidity and wind factor and not just the thermometer reading.