Title 17 — Education

There is in the government of Guam a Department of Education (DOE). SOURCE: Repealed and reenacted by P.L. 22-042:1 (Nov. 19, 1993), P.L. 24-142:4 (Feb. 27, 1998), P.L. 26-026:3 (July 5, 2001), amended by P.L. 30-050:2 (July 14, 2009). NOTE: See 5 GCA § 3107, which provides that …

The governance of the Department of Education is vested in an education board to be known as “the Guam Education Board” (hereinafter referred to as the Board). The Board shall be composed of nine (9) members. SOURCE: Repealed and reenacted by P.L. 30-183:1 (Aug. 25, 2010).

The Guam Education Board shall be responsible for all policies that govern the Department of Education (Department). The Board shall have the authority to delegate such of its powers as it may deem appropriate, but shall retain the ultimate responsibility for the exercise of its …

Meetings of the Board shall be held once a month at a regular time and place as determined by the Board, except that special meetings may be called by the Chairman, or by a majority of the members to address emergency matters. Meetings of the Board shall be subject to the Open Go…

The Board shall be composed and serve terms as follows: (a) Three (3) Appointed Voting Members. I Maga’håga/Maga’låhi shall appoint, subject to the advice and consent of I Liheslaturan Guåhan, one (1) voting member from among each of the following to serve for a term of three (3)…

Officers of the Board shall include the Chairperson and Vice Chairperson, and such other positions which the Board deems necessary to effectively carry out its responsibilities. Such Board officers upon election shall serve for a term of one (1) year. Board officers shall be elec…

A member of the Board may be removed by a vote of six (6) members for malfeasance in office or for persistent neglect of, or inability to discharge duties or for offenses involving moral turpitude. However, no member of the Board shall be removed from office before a written bill…

Members of the Board shall be paid the amount of Two Hundred Fifty Dollars ($250.00) for each day on which they attend a regular, special or executive meeting, not to exceed Five Hundred Dollars ($500.00) in any month. SOURCE: Added by P.L. 30-183:2 (Aug. 25, 2010). COL 2026-04-2…

(a) Elected Members. Any vacancies, including initial vacancies, of elected member positions occurring on the Board shall be filled forthwith by appointment of the unsuccessful candidate who received the next highest number of votes in the Board election, provided that the indivi…

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 shal…

(a) Only the following constitute cause for the discharge of the Superintendent or Deputy Superintendent: (1) Failure to meet performance standards as defined by a performance evaluation outline established and adopted by the Board; (2) Holding financial interests that conflict w…

Education. (a) The Guam Education Policy Board (Board) shall adopt the qualifications and compensation for the Superintendent of Education and Deputy Superintendent of Education, or any amendments thereto, provided that such qualifications must not be in conflict with the minimum…

Criteria for Grading Schools. (a) The Superintendent shall collect data and produce annual school performance reports containing information on student performance, student behavior and school characteristics. (b) [No text] (1) In consultation with representatives of parents, tea…

(a) No later than thirty (30) days following at the end of each fiscal year, the Superintendent shall issue a School Performance Report Card on the state of the public schools and progress toward achieving their goals and mission. (b) The purpose of the School Performance Report …

The Board shall develop and periodically assess educational goals and performance standards.

[Repealed.] SOURCE: Added by P.L. 26-026:3 (July 5, 2001). Amended by P.L. 29-041:1 (Oct. 26, 2007). Repealed by P.L. 30- 183:5 (Aug. 25, 2010). Enacted by P.L. 31-040:4 (May 16, 2011). Repealed by P.L. 30-183:5 (Aug. 25, 2010).

The Superintendent may employ an attorney(s) to assist and represent it in all matters that concern the DOE.

The Attorney General shall assist the Board or the DOE in all litigation in which the Board or the DOE is interested; provided, that the Attorney General shall designate the attorney for the Board or the DOE as a Special Assistant Attorney General for such purpose at no cost to t…

[Repealed.] SOURCE: Added by P.L. 26-026:3 (July 5, 2001). Amended by P.L. 29-041:2 (Oct. 26, 2007). Repealed by P.L. 30- 183:6 (Aug. 25, 2010).

[Repealed.] SOURCE: Added by P.L. 29-041:6 (Oct. 26, 2007). Amended by P.L. 29-113:VI:66 (Sept. 30, 2008). Repealed by P.L. 30-183:7 (Aug. 25, 2010). COL 2026-04-23

[Repealed.] SOURCE: Subsection (a)(16) added by P.L. 27-032:5. (Oct. 31, 2003). Subsection (a)(16)(d) added by P.L. 27- 106:VI:41 (Sept. 30, 2004). Subsection (a)(17) added by P.L. 28-010:3 (Mar. 9, 2005) as (a)(16) and renumbered by Compiler. Subsection (a)(14) amended by P.L. 2…

(a) As used in this Section: (1) “At school” means in a classroom, elsewhere on or within school fences or at a school- sponsored activity or event whether or not it is held on school premises. (2) “Harassment, intimidation, or bullying” means any gesture or written, verbal, or p…

The Guam Education Board (Board) shall adopt a policy to address crimes being committed within the Guam Department of Education (GDOE) schools. The Board shall implement crime-prevention efforts found successful in other jurisdictions and implement such policies. The policy shall…

[Repealed.] SOURCE: Repealed by P.L. 30-183:9 (Aug. 25, 2010).

[Repealed.] SOURCE: Repealed and reenacted by P.L. 26-129:1 (Sept. 13, 2002) in time for the 2002 election. Repealed by P.L. 30-183:10 (Aug. 25, 2010).

[Repealed.] SOURCE: Added by P.L. 26-026:3 (July 5, 2001). Amended by P.L. P.L. 28-150:V:37 and 38 (Sept. 30, 2006) and P.L. 29-041:3 (Oct. 26, 2007). Repealed by P.L. 30-183:11 (Aug. 25, 2010).

[Repealed.] SOURCE: Repealed by P.L. 30-183:12 (Aug. 25, 2010).

[Repealed.] SOURCE: Amended by P.L. 28-068:II:I:25 (Sept. 30, 2005), P.L. 28-150:V:36 and 38 (Sept. 30, 2006). Subsection (a) amended by P.L. 29-041:4 (Oct. 26, 2007). Repealed by P.L. 30-183:13 (Aug. 25, 2010).

[Repealed.] SOURCE: Repealed by P.L. 30-183:14 (Aug. 25, 2010).

[Repealed.] SOURCE: Added by P.L. 26-026:3 (July 5, 2001). Amended by P.L. 29-041:5 (Oct. 26, 2007). Repealed by P.L. 30- 183:15 (Aug. 25, 2010).

[Repealed.] SOURCE: Repealed by P.L. 30-183:16 (Aug. 25, 2010). COL 2026-04-23

The Superintendent of Education shall prepare the DOE fiscal year budget, giving the highest priority to budgetary items that directly affect teaching and learning. The Board shall approve the proposed budget and its funding priorities by resolution. The budget request for the no…

The Board shall appoint a negotiating team to handle negotiations between the DOE and any exclusive bargaining unit representing teachers and other support staff for collective bargaining agreements. The Board shall have the authority to render final approval on behalf of the DOE…

Cabinet. [Repealed.] SOURCE: Repealed by P.L. 31-021:1 (Apr. 18, 2011).

[Repealed.] SOURCE: Repealed by P.L. 30-183:17 (Aug. 25, 2010).

(a) Unclassified Deputy Superintendent(s) Appointment. The Superintendent shall reserve the right to select unclassified Deputy Superintendent(s) as his management team with full management responsibility and authority as delegated unto him or her by the Superintendent. Such uncl…

(a) The basic objectives of an adequate public educational system are: (1) That parents or guardians are full partners with educators in the education of their children. (2) That students are encouraged and challenged to reach their educational potential. (3) That students are mo…

As used in Title 4 GCA § 8121 (a) and §§ 3127 through 3131 of this Title: (a) “Certified Employee” means an employee who holds a position defined in 1 GCA § 715 (l), subitem (1) through (5) and (11), who is “certified” as that term is defined in 1 GCA § 715 (m). (b) “Certified Au…

A former Department of Education employee who resigned or retired from a position defined in 1 GCA § 715 Item (l), (1) through (5) and (11) in good standing: (a) who gave thirty (30) days’ notice before leaving his employment, may be employed as a CATS employee, if he or she hold…

(a) The Superintendent of Education shall, to the extent possible, fill all positions defined in 1 GCA § 715 Item (l)(1) through (5) and (11), with Certified Employees. (b) In the absence of Certified Employees the Superintendent may employ CATS. Before he or she employs a CAT th…

The Superintendent shall establish, keep current and post on the Department of Education website a roster of all positions required by the “Every Child is Entitled to an Adequate Public Education Act” to be filled by a Certified Employee as that term is defined by 1 GCA § 715 Ite…

When a Certified Applicant who is available for employment for the remainder of a current school year is available to fill a position occupied by a CAT, the Superintendent shall forthwith replace the CAT with a Certified Applicant if at least ten (10) weeks remain in the current …

(a) Department of Education (DOE) shall develop and implement Performance Based Budgeting for all Central Office Operations no later than September 30, 2009. Appropriate DOE employees shall attend all workshops and training opportunities offered by the Department of Administratio…

Commission. (a) The Guam Department of Education Financial Supervisory Commission (EFSC) shall consist of five (5) regular voting members and one (1) alternate member, who shall be allowed to cast a vote only in the event a regular voting member is absent. The EFSC shall be compr…

(a) Online Posting. With the guidance of the Office of Technology, the Guam Department of Education shall create and establish specific webpages on the official website https://gdoe.net or create a separate website dedicated solely to posting and announcing all school inspection …

(a) The Guam Department of Education (GDOE) is hereby authorized to lease properties within its jurisdiction if the school cannot be utilized to alleviate double sessions. The handling of such lease agreements shall be conducted by a procurement team that shall consist of five (5…

(a) The Island-wide Board of Governing Students (the Island-wide Board), which is hereby created, shall consist of a member of the Youth Congress who shall be elected by its members, and two (2) members from each public high school elected by a plurality vote of freshmen, sophomo…

Meetings of the Board shall be open and held at a regular time and place each month. Special meetings may be called by the Chairperson.

The concurrence of five (5) members of the Board shall be necessary for the validity of any of its acts.

(a) The Board is authorized to establish and supervise a program whereby students may be released from their regular school attendance for a period of time no greater than one (1) hour each week during the school year, for the purpose of attending religious instruction outside th…