Who should govern Guam schools? Proposed education system reform sparks divide

By Jayvee Vallejera

Supporters say it would bring accountability and stronger oversight. Opponents warn it would strip voters of their voice and inject politics into public education.

A public hearing on Bill 286-38, which would replace Guam’s elected school board system with a largely appointed one, exposed deep divisions among education leaders, lawmakers and stakeholders over who should control the future of Guam’s schools.

In the strongest testimony against Bill 286-38, Education Superintendent Judith T. Won Pat said Bill 286-38 would illegally infringe on the functions of Guam’s executive branch.

“Bill 286-38 does not limit itself to changes to improve the existing Guam education board. Instead, it proposes a completely new and untested paradigm shift,” she testified, urging the legislature to withdraw the bill.

She is concerned that Bill 286-38 would eliminate public participation in determining the board's composition. It reduces the number of voting board members from nine to seven. The governor appoints four, the legislature appoints two and the Guam education board, one.

Neither the governor nor the GDOE board would have any right of advice and consent regarding the Legislature’s two appointees, Won Pat said. 

The former senator also raised concerns about the legality and ethics of Bill 286-38, which would authorize the chair of the legislature’s education committee to have a permanent non-voting seat on the board. She said this is not provided for under the existing law.

Won Pat said the education board is tasked by law with supervising schools, and Bill 286-38 would illegally delegate its duties and functions to the legislature. 

“Such inherent conflicts of interest and the negative consequences that would follow are legally impermissible,” she said.

With both the governor and the legislature having a hand in appointing board members, Bill 286-32 could open the door to the possibility that each policy issue could be gridlocked and dominated by political conflicts.

“GDOE, the Guam education board, our schools, employees, and students cannot afford to suffer the delays and dysfunction that are inherent in this bill,” she added. 

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Kenneth Chargualaf, a former member of the education board, testified in support of Bill 286-38, saying the governance structure it proposes would strengthen the body and enhance its ability to serve the students.

The board was converted from an appointed to a voter-elected body under a statute that became law on Nov. 10, 1993. 

 “I don't remember salient issues prior to 1994,” Chargualaf said. The elected school board assumed office in January 1995 and, by Nov. 13, 1995, “the issues that we are faced with right now are repeated issues since Nov. 13, 1995.” 

He argued that having six elected and three appointed GDOE board members means the superintendent has nine supervisors in all. But having the governor appoint the GDOE board members means “the buck eventually stops with the governor of Guam,” he said.

However, Sen. Chris Barnett agreed with Won Pat, noting that the bill removes the ability of those most affected by education—students and the public—to have any hand in or impact on education.

“That's the biggest thing in talking to other parents and stakeholders. At its core, what it does is eliminate the people's right to vote for their Board of Education representatives,” he said. 

Barnett said taking away people's right to vote and giving politicians control over the education department doesn't seem like the right move. He said enabling political appointees to select the superintendent wouldn’t result in greater accountability.

He instead suggested pushing the legislature to provide more consistent oversight over the department. 

Judith Guthertz, board chair, reminded lawmakers that the Guam legislature itself petitioned the U.S. Congress to amend the Organic Act to allow the people of Guam to decide how they want the GDOE to be run. 

“And they amended the Organic Act to say that the people of Guam will decide how to administer their public school system. And the legislature, representing the people of Guam, passed the elected school board law that's currently in place,” she said. “And then we are here today again.” 

She said Guam has tried different school board models over the years, and her personal perspective is, “I'd like to see improvements.” 

No model is perfect, Guthertz said. “And if it means that we forego the elected board because the school system would work better with an appointed board, I do not object to that at all. I want what's best for the children of Guam and Guam's future,” she added.

In his opening remarks, Sen. Vince Borja, the bill's author and chair of the education committee, said Bill 286-38 did not come from one complaint or one political moment but is a product of town hall meetings, oversight hearings, roundtables, school visits and community meetings across Guam. 

“We have heard the same concerns again and again. Parents are frustrated by the lack of answers, teachers are still unheard, unsupported, and in some cases, afraid to speak openly. School administrators are trying to keep campuses running while dealing with policies that do not always match the reality on the ground,” he said. “What we heard was not one isolated concern, and it was a pattern.”

Borja said people are asking for accountability and for better communication.

The public hearing also heard testimonies about retaliation, disrespectful behavior, raised voices and accusations of illegal acts, among others.

The current GDOE board has seven voting members: six elected and one appointed. There are two vacancies to be filled by appointment.

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