The Superintendent of Education (the Superintendent) shall be the Chief Executive Officer of the internal operating organization of the Department of Education and shall be responsible for the administration of the academic and services activities thereof. The Superintendent shall be responsible for implementing the policies adopted by the Board. The Board shall appoint the Superintendent of Education by an affirmative vote of at least six (6) members. Notwithstanding any other provision of law, the employment of the Superintendent shall be by contract term of four (4) years, which contract shall contain a provision that the Superintendent’s employment may only be terminated for cause, as defined in this Chapter. In the case of temporary absence of the Superintendent, the Superintendent may, after consultation with the Chairperson of the Board, appoint among any of the Associate Superintendents, or their equivalents, an acting Superintendent. The Superintendent shall: (a) administer the day-to-day activities of the Department of Education; (b) enforce and implement the education policies of the Board and rules and regulations of the Department; (c) administer federal funds/programs on behalf of the Department; (d) serve as the Department’s approving authority for the expenditure of funds; (e) serve as the appointing authority for all personnel employed by the Department; (f) be the Executive Secretary of the Board in an ex-officio, non-voting capacity; (g) shall submit to the Board, I Maga’hågan/Maga’låhen Guåhan, and I Liheslaturan Guåhan, no later than thirty (30) days following the end of the fiscal year, a detailed “Annual State of Public Education Report,” which shall discuss the public educational issues on Guam, and other subjects the Superintendent may deem appropriate, and shall also submit such fiscal, instructional, academic progress, and other information as may be required by the Board to reflect the quality of public education;
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(h) develop and present to the people of Guam, the Board, I Maga’hågan/Maga’låhen Guåhan, and I Liheslaturan Guåhan a “School Performance Report Card” of each school, which shall be given in conjunction with the Annual Report; (i) to perform other duties as may be required by public law to provide an adequate public educational system; (j) to advise the Board on the current operations and status of the public schools and on other educational matters; (k) to supply the Board with such information as it may require and prepare the Board to make recommendations to I Maga’hågan/Maga’låhen Guåhan and I Liheslaturan Guåhan for changes, additions, or deletions to public law; (l) prepare a feasibility/impact/cost savings analysis for the Guam Education Board recommending the potential privatization of existing services for the Department. (m) With the concurrence of the Board and subject to the availability of funds, have the authority to hire maintenance, custodial/janitorial, and cafeteria personnel. (n) Notwithstanding any other provision of law or personnel rules and regulations, the Superintendent shall have the authority to assign, detail, or transfer employees to various physical locations within the Department. The Superintendent shall exercise such authority only in accordance with a policy adopted by the Board and shall not (1) cause a change in position title or job duties, or (2) contradict the provisions of any collective bargaining agreement in effect at the time of the transfer nor violate any employee’s rights thereunder; (o) Adequate Public Education Reporting Requirements. The Superintendent of Education shall submit a monthly budget status report of all local and federal funds available to the Department, whether or not their resources require appropriations by I Liheslaturan Guåhan. The monthly budget status report shall be designed by the Educational Financial Supervisory Commission and at a minimum contain all appropriations, transfers and adjustments, revised appropriations, expenditures to date, outstanding encumbrances and unencumbered balances. The data for the monthly budget status report shall be provided no later than fifteen (15) calendar days after the end of each month, and be used by the Educational Financial Supervisory Commission for its monthly Financial Status Designation Reports. The Educational Financial Supervisory Commission shall design an Adequate Public Education Report to reorganize the expenditures in the monthly budget status report to the criteria established in 1 GCA § 715, and the status of compliance with the Adequate Education Act. The Monthly Budget Status report and Adequate Public Education reports are to be completed no later than twenty five (25) calendar days after the end of each month and shall be certified by the Superintendent, acknowledging compliance or non-compliance with 1 GCA § 715 and in meeting the objectives of § 3125 of this Chapter. The reports shall be submitted to the Board, the Speaker of I Liheslaturan Guåhan, and I Maga’hågan/Maga’låhen Guåhan. (p) Conduct periodic management and curriculum audits of the Department of Education for the following purposes: (1) to ascertain whether the Department is providing an adequate public education as defined in Title 1 GCA § 715; (2) to evaluate the effectiveness of DOE administrators in implementing board policy and in fulfilling assigned objectives;
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(3) to evaluate the effectiveness of DOE instructional personnel and their ability to meet curriculum goals; (4) to recommend alternatives to correct systemic deficiencies and to improve the ability of DOE personnel to fulfill assigned objectives; (5) to evaluate board policies, practices and directives, and recommend, if necessary, corrections and revisions necessary to improve the quality of public education; and (6) to audit a broad range of management functions, such as the following: decision-making and evaluation processes, policy-making, resource allocation, communication procedures, and goal setting and verification. The audit can also examine the school system’s work environment, improvement process, and relationship with the community. Said audits shall also identify and assess deficiencies in the DOE organizational structure; compliance with federal and local laws, and with board policies; physical and operational security; workflow designs and management; internal controls; staffing levels and competencies; management levels and competencies; management practices; training standards and practices; adequacy of facilities; physical plant management; technical and administrative infrastructure; redundancy of systems and procedures; productivity and quality standards; recruitment, certification and training of teachers; and recruitment, training and staff development. Said audits shall be conducted at intervals determined by the Guam Education Board of not more than five (5) years. Each audit shall also include a report and evaluation on the degree of success that the Department of Education has achieved in implementing the recommendations and correcting the deficiencies identified in the immediate prior audit. The GDOE Superintendent shall transmit, within forty-five (45) days upon receipt, any audit conducted pursuant to this Act to the Guam Education Board members. Within ninety (90) days of receipt of such audit findings, the Guam Education Board members shall, in a regularly scheduled board meeting held in compliance with the Open Government Law, vote to accept or reject the audit findings, and shall take any necessary actions for the disposition thereof. The Department shall post on its website and transmit to the Speaker of I Liheslaturan Guåhan and the Chairperson of the Legislative Committee of Education the disposition and plan of action of the audit findings. (q) Promulgate rules and regulations for the implementation and operation of §§ 3127 through 3131 of this Title as necessary. (r) All reports of the Superintendent of Education to the Guam Education Board that are required by public law, the Guam Administrative Rules and Regulations, or Guam Education Board Policy, as a condition of receipt of grants-in-aid, as a condition of contract, or at the request of the Guam Education Board, shall be posted on the Guam Department of Education website within five (5) days after the report is officially transmitted to the Board, except for those reports that are confidential pursuant to public law. Board packets from each board meeting shall also be posted on the Guam Department of Education website within five (5) days after each board meeting. Confidential information contained in any report or board packet that contains public information shall be redacted prior to the report being posted on the website. SOURCE: GC § 11102 entitled “Board.” Repealed, reenacted and renamed “Territorial Board of Education” by P.L. 22-042:6 (Nov. 19, 1993). Repealed, reenacted and renamed “General Provisions for the Department of Education within the Guam Public School System” by P.L. 24-142:4 (Feb. 27, 1998). Repealed, reenacted and renamed “Superintendent of Education” by P.L. 26-026:3 (July 5, 2001). Subsection (l) added by P.L. 27-032:4 (Oct. 31, 2003). Subsection (l) amended and subsection (n) added by P.L. 27-106:VI:24 and:43 (Sept. 30, 2004). Subsection (l) amended by P.L. 27-107:21 (Oct. 1, 2004). Subsection (n) repealed and reenacted by P.L. 28-026:1 (Apr. 21, 2005). Subsection (o) added by P.L. 28-045:7, 20 (June 6, 2005). Amended by P.L. 28-143:1 (July 20, 2006). Subsection (p) added by
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P.L. 28-149:II:VI:10 (Sept. 30, 2006). Subsection (q) added by P.L. 28-183:4 (Jan. 29, 2007). Subsections (o) and (q) amended by P.L. 29-019:VI:83 and :84 (Sept. 29, 2007). Subsection (b) amended by P.L. 29-038:1 (Oct. 25, 2007). Repealed and reenacted by P.L. 30-183:3 (Aug. 25, 2010). Subsection (m) added by P.L. 31-015:1 (Apr. 18, 2011). Subsection (o) amended by P.L. 31-075:15 (Aug. 4, 2011). Subsection (p) amended by P.L. 31-091:1 (Sept. 30, 2011) and P.L. 37-044:2 (Nov. 10, 2023). Subsection (r) added by P.L. 37-139:1 (Dec. 28, 2024). 2024 NOTE: The Source annotation has been edited to include historical sources that repealed and reenacted the entire section. Annotations in past publications that referred to former numbering of subsections are no longer relevant and have been omitted. The Source annotation has been updated to reflect amendments based on the provision as currently published. 2023 NOTE: Pursuant to P.L. 37-044:3 (Nov. 10, 2023), the amendment to section 3103(p) is effective Fiscal Year 2024, as follows: “The scope of the first management audit is for Fiscal Year 2024, and the first audit shall be funded in the Fiscal Year 2025 budget. The anticipated completion date is June 30, 2025.” 2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “Numbers” to “Lowercase Letters” and “Uppercase Letters” to “Numbers” in this section. COMMENT: Amendments by P.L. 28-143:1 (July 20, 2006) included duplicate letter sequencing of subsections. Therefore, the Compiler assigned sequential subsection designations to clarify and harmonize the section.