HAGÅTÑA (The Guam Daily Post) — Two bills regarding the Guam Department of Education passed by senators on Thursday could carry negative consequences for the government of Guam should Gov. Lou Leon Guerrero sign them into law, according to the attorney general.
Bill 158-37, introduced by Sen. Dwayne San Nicolas, would let schools yet to be inspected by Public Health open without a sanitary permit on Aug. 23 and give the superintendent discretionary authority to open schools that don't pass inspection. An amendment in the bill requires that GDOE report progress to the Legislature. Bill 159-37, introduced by Sen. Frank Blas would postpone the deadline for sanitation regulation compliance to school year 2024-2025.
The governor said she was glad the Legislature stepped in to “fix” Public Law 37-4.
“Because P.L. 37-4, which is authored by Sen. Chris Barnett, was the cause of all this chaos, because there has already been a public law in the books that says to (the Guam) Department of Education, we will give you until 2024 to fix whatever you need to pass sanitary permits. Chris Barnett’s law moved the deadline from 2024 to 2023 so that’s the No. 1 cause of this chaos," the governor told The Guam Daily Post.
As of Friday, the governor hadn't yet seen the bills.
“I am going to look very closely at these two bills,” said Leon Guerrero.
Attorney General Douglas Moylan, however, believes any law changes done by the bills risks potential consequences in court.
“That appears to open the government to a lawsuit for some form of negligent or intentional exposure to dangerous conditions,” Moylan told the Guam Daily Post, referring to the Adequate Public Education Act that outlines mandates and standards in public schools the government must meet.
“The requirement to provide a safe education environment exists outside of any sanitary permit requirements in law. The sanitary permit is a procedure in ensuring the safe environment for kids, teachers, staff and visitors,” Moylan said.
He said the passage of the two bills could be construed as an admission that the act isn't being upheld.
“The Legislature removing the requirements seems to be an admission of existing unsafe conditions,” Moylan said.
Moylan suggested another avenue to keep public schools in compliance with the Adequate Public Education Act.
“Facilities Repair and Maintenance maybe should become duty of (the Department of Public Works). Removing the sanitary permit requirement is like burying your head in sand; it won’t make dangerous or unsanitary conditions go away,” Moylan said.
The Post reached out to GDOE regarding the bills and how the department would move forward if they're signed into law.
A response wasn't available as of press time Saturday.
