This story was published in partnership with KPRG News and Pacific Island Times.
Guam’s 41 public schools were supposed to open by Aug. 8. It was delayed by a week because most schools didn’t comply with the Department of Public Health and Social Services’ (DPHSS) sanitation regulations. As of the last week of August, more than 25 of those schools have reopened after passing inspections or renewing sanitary permits. The future of the remaining schools is uncertain, with some possibly going online, and some on track to pass inspections.
While acknowledging that alternate scheduling, double sessions, and online classes may not be ideal, the education superintendent said he was “absolutely satisfied” with the collaborative work accomplished between administrators, staff, volunteers, campuses, and local leaders, to help ready schools for a successful inspection and reopening. “It’s an excellent example of the model that I’m trying to get everybody to understand, and that is, we’re one crew,” Erik Swanson said. “No passengers. And this crew is really, really working well together.”
But the crew took a convoluted journey of political bickering and blame games that went on for weeks.
What caused the delays in school repairs and safety inspections? There were all sorts of answers — or excuses. COVID-19, Typhoon Mawar, and inadequate personnel. And as far as the governor is concerned, she is powerless.
The Guam Department of Education has a history of headline-making shortcomings. In 2009, the Guam Fire Department reported of the 36 schools inspected, only one had fully functional alarms and sprinkler systems.
In June 2015, the Department of Public Works issued a $100 million request for proposals to upgrade Simon Sanchez High School, which was later deemed unfit to remain open based on subsequent inspections. Plans to rebuild Simon Sanchez have yet to materialize.
A decade later, the department has not made any progress.
In 2023, Sen. Chris Barnett’s Bill 29-37 fast-tracked a set of regulations that initially gave GDOE five years from 2019 to get into DPHSS compliance for all public schools. GDOE had originally asked for 20 years.
But then Typhoon Mawar hit Guam, frustrating the legislative pressure.
The legislature passed a subsequent bill that pushed the compliance timeline back to the beginning of this school year.
June 30 was the deadline for public schools to get in line with sanitary regulations, or potentially face shutdown. Two weeks before the deadline, Sen. Dwayne San Nicolas introduced a bill to waive 18 school health inspections for the 2024-2025 school year, for a timely re-opening on Aug. 8. The bill was defeated.
The political drama, highlighted by buck-passing, continued in the succeeding weeks.
The education board called on lawmakers, the governor, and any GovGuam agencies for aid. The emergency declaration also eased procurement restrictions for up to $250,000 worth of spending so that resources and vendor contracts needed to get schools cleaned up could be secured more quickly.
Adelup said an emergency declaration from the governor would not speed up the opening of schools, due to the delays caused by refurbishment work.
In a special public address, the governor reiterated that under the current law, “I cannot manage DOE’s leadership, deploy its personnel, direct its finances, or correct its policy.”
Leon Guerrero then proposed a bill that would allow her to take over the GDOE for the remainder of her term in office, and “fix” the public school facilities.
Guam’s legislators slammed the door on the governor’s request.
“There's a lot that needs to be examined with the implementation of such a bill and what existing statutes it would conflict with,” Barnett said.
“You're asking us to provide you with the permission to do something that you already have the power to do or that you had previously stated that you have the power to do? What for?” Sen. Frank Blas Jr. asked.
“We've heard the governor say these things, like ‘I have no authority over education,’ and now she's proposing we must give her this authority,” said Speaker Therese Terlaje. “A total blanket authority to pretty much wipe out any duties or responsibilities of the superintendent of education.”
The governor subsequently formed the School Opening Readiness Team (SORT) that deployed agencies to public schools for quick fixes.
Just the same, Krystal Paco San-Agustin, the governor’s communications director, maintained that the Organic Act of Guam limits the governor’s ability to help the education agency. “The governor doesn’t have authority over GDOE,” Paco San-Agustin said in an email. “She has no control over their budget. [GDOE] makes their own budget request and get their own funds, like American Rescue Plan.”
Paco-San Agustin added that Adelup’s efforts through SORT is restricted as they’re unable to do any purchasing materials. “GDOE needs to buy more materials for plumbing, structural, and electrical repairs,” she said. “So many of the high demerits are sourced from decades’ worth of neglect. Band-aid fixes like painting and cutting grass are cosmetic – and not the reason schools remain closed.”
While it may seem like either an independent department expected to act on its own, or an orphaned agency no one wants to take responsibility for, GDOE gets a huge slice of the government’s annual budget. It had a budget of $284 million in fiscal year 2023 and $235.5 million in the current fiscal year. The department is requesting $303 million for fiscal year 2025.
The department has also received large sums from the federal government. From 2020 to 2023, GDOE was granted a total of $152 million through two rounds of Education Stabilization Fund (ESF) grants, according to the Office of Public Accountability (OPA). “All funds allocated for ESF I have been expended as of June 30, 2023,” the OPA said in its July report. The second round had a balance of $3.2 million as of May 2024.
Besides the ESF, the education department has also received $286 million from the American Rescue Plan (ARP) Funds to return students safely to in-person instruction, maximize instructional time, and address learning loss. “ARP funds have been utilized to prioritize capital improvement at GDOE schools in order to sustain safe operations of schools with the full implementation of in-person instruction,” the OPA said.
More funds are likely to flow into the department. At a recent budget hearing, senators approved Sen. Will Parkinson’s proposal directing 50 percent of the newly established cannabis excise tax revenue to the education department for facilities maintenance and repair. The Guam Cannabis Industry Act imposes a 15 excise tax on the sale or transfer of cannabis from cultivation facilities to retail stores or manufacturing facilities. "With the legalization of cannabis, we have a new opportunity to invest directly in our education system, ensuring it benefits our priorities, our students," Parkinson said.
In the meantime, officials hoped for more schools to reopen.
At an Aug. 27 news briefing, education officials were asked to explain the difference between the recent weeks and five years ago. How did they manage to complete the inspection and secure permits to open the schools within two weeks after dragging out the process for five years.
Officials laughed in response.
“It’s the pressure,” a briefing attendee commented.
Does GDOE need continued pressure to maintain timely and fast-paced inspections and permits? Swanson said no. However, he did not elaborate on his plan to avoid the delay from happening again.
NAINA RAO: The start of the new school year in Guam has been chaotic. 18 out of the 41 G-D-O-E campuses – that stands for Guam Department of Education – did not clear health inspections on time for re-openings in August. But why? New, tougher standards for public health is just one reason, says GDOE Superintendent Erik Swanson.
ERIK SWANSON: We've had multiple disruptions from COVID to typhoons to this delay with inspections, that's not a desirable situation.
RAO: This led to a state of emergency declared by GDOE in early August. And as far as the governor is concerned, she is powerless. Leon Guerrero points to the Organic Act that prevents her from governing GDOE. The Act is a federal law passed by Congress that made Guam a U-S territory with its own government and gave the people U.S. citizenship. It’s not a constitution, but it’s like a constitution. The governor noted that before 1986, the Organic Act gave her office control over public schools. But amendments shifted that power to the Legislature.
LOU LEON GUERRERO: I cannot manage DOE’s leadership, deploy its personnel, direct its finances, or correct its policy.
RAO: But something else happened. After the governor assembled a school readiness opening team, or SORT, which mobilized government agencies to help get public schools ready for inspection, over half of the campuses and facilities passed inspections or renewed their sanitary permits within weeks. Guam Education Board Vice Chair Angel Sablan thanked everyone involved, including Public Health, school staff, volunteers, and the community.
ANGEL SABLAN: And all the different agencies from the government of Guam that have come forth and put personnel from their own agencies to be in these schools daily to assist in whatever it is that we need, where they are providing labor.
RAO: Now, the department has a history of issues. Rat infestations, broken ceilings, mold, and more. In 2009, only one out of 36 schools inspected had fully functional alarms and sprinklers. In 2015, a 100 million dollar plan to rebuild Simon Sanchez High School stalled, and a decade later, there's still no progress.
SWANSON: We have to start putting money in our schools on a regular basis. Because we’re looking at buildings that were built in the fifties, and just to modernize them is an expensive process, let alone replace them.
RAO: That’s GDOE Superintendent Erik Swanson again. And indeed, it is expensive. That’s why GDOE gets 25 percent of the government's budget. They got 284 million dollars for fiscal year 2023 and just over $235 million this year. Now, they're asking for more than 300 million dollars for 2025. But that's not all. GDOE received significant federal funding, including $152 million from Education Stabilization Fund grants, and received nearly double that amount from the American Rescue Plan to help bring students back to classrooms and address learning loss. And more money might come soon. Lawmakers recently approved Senator Will Parkinson’s proposal to give 50 percent of the money made from a new cannabis tax, to GDOE for school maintenance and repairs. But Swanson says…
SWANSON: It’s not money as much as it is time and attention to the requirement to have an annual sanitation permit for every building. We’re having trouble hiring people.
RAO: The superintendent circled back to inadequate personnel when asked where and how the millions of dollars were used.
MYRACLE MUGOL: It’s a little… frustrating.
RAO: Myracle Mugol is a mother of two. One of her kids attend Price Elementary School. It’s currently closed pending inspection, so he’s in a double-session school elsewhere. This worries her.
MUGOL: He's gonna have to re-acclimate twice, once going to this alternate school, and then again when he goes back to Price. With my son who is autistic with high anxiety, it's a situation that I'm more nervous about.
RAO: For single mom Annaliza Sahagon, juggling a full-time job with her daughter starting middle school online is impossible right now.
ANNALIZA SAHAGON: Who’s gonna watch them, right?
RAO: GDOE has specified that adult supervision is required for students doing school online. But Sahagon’s work hours make this inconceivable. She’s also not allowed to bring her kids to work.
SAHAGON: I don’t know what’s going to happen. It’s hard. If I don’t work, I can’t pay my bills.
(SOUNDBITE OF ARCHIVED RECORDING)
RAO: GDOE officials responded in laughter when asked how they were able to pass inspections and secure permits in just a few weeks, after dragging out the process for years. When KPRG asked if GDOE needs continued pressure to keep inspections on track, Swanson says...
SWANSON: No, it does not.
RAO: But offered no details on how to prevent future delays from happening again. While officials aim to reopen more schools by the end of September, efforts by the governor’s SORT may push that date even earlier, proving the success of a collaborative effort. Still, some parents can't shake the feeling that GDOE is repeating history.
For K-P-R-G News, I’m Naina Rao.
