The governor has said she doesn’t have the power to declare a state of emergency for the Guam Department of Education in a letter to Sen. Jesse Lujan, who requested the executive action recently.
Instead, she wrote, Lujan can turn to his senatorial colleagues for action.
Gov. Lou Leon Guerrero stated that prior to 1986, the authority to establish, operate, and maintain public schools did fall under the governor of Guam, however, today, “that power rests with the Guam Legislature.”
Although the governor says she is limited when it comes to authority over GDOE, she wrote that her administration is in close communication with GDOE leadership on the current challenges faced by the public school system.
On March 7, Lujan sent a letter to the governor, requesting that a state of emergency be declared for GDOE schools, citing a multitude of safety concerns that need to be immediately addressed.
“It is a common misconception that emergency procurements are only possible through an emergency declaration by the governor, when in fact they are available and regularly utilized by government agencies as needed, without intervention from the governor,” said Leon Guerrero in her response letter to Lujan.
The lawmaker, who was elected back into the body after last serving in the 29th Legislature, replied to the assertions in a March 10 press release, in which he stated the procurement process needs to be addressed.
“If government efforts for the safety of our children are stopped because of procurement, even in emergency situations, we need to re-evaluate and redo the procurement system,” Lujan said, acknowledging there are other options to address the issues at hand.
Failing grades
Over the years, public schools have surmounted an ever-growing list of repairs.
When Southern High School was inspected by the Department of Public Health and Social Services Division of Environmental Health in December 2022, they received 60 demerits that resulted in a “D” grade for the school, which, if received by another establishment, would result in the closure of the facility.
DEH inspectors noted violations such as grounds not being sloped/graded, classrooms not being clean or orderly, inadequate ventilation, inaccessible drinking fountains, restrooms not kept in good repair, windows and ceilings in disrepair, light shields not provided and lighting not meeting the minimum requirements.
Oceanview Middle School also received a “D” rating from DPHSS, which prompted the move of over 1,000 students to SHS.
The middle school received the rating due to termite damage, evidence of termites and rodents, unsecured covers for light fixtures, active leaks of air-conditioning units and ceilings in three classrooms and inoperable air-conditioning units in two classrooms.
To address these concerns and concerns regarding other schools, GDOE would need $110 million for deferred maintenance and $250 million to bring GDOE facilities into the 21st century.
“GDOE already has full authority under Guam law to pursue emergency procurements as necessary. While a declaration of emergency on my part will not open the door to additional avenues under Guam law that are not already available to GDOE, as always, I stand ready to assist in any way I can,” Leon Guerrero wrote in her letter to Lujan.
‘Match that energy’
The Guam Daily Post reached out to Sen. Chris Barnett, the legislative oversight chairman of education, for a comment on the governor’s response to Lujan.
He said that the 37th Guam Legislature is committed to helping save the island’s schools, however, they can’t do it alone.
While the governor says she lacks purview over public schools, Barnett pointed out that she did have the power to authorize pay raises for GDOE teachers last year.
“To the tune of $25 million that should have been used for improvements to our schools,” he said. “We’re just asking the administration to match that energy when it comes to helping fix our school facilities.”
Barnett questioned what good is power that can’t be used to help those in need.
“We don’t need a declaration to know the state of our schools is an emergency, and we are all praying the governor uses her power and authority to do what is right, right now,” Barnett continued.
Lujan said in order to ensure GDOE receives the necessary resources, he will request Barnett hold an oversight hearing with key members of Adelup staff.
By: Taylor Rose Toves
Source: The Guam Daily Post