A landmark legal battle against the Guam Department of Education concluded with a significant agreement this past Thursday, addressing critical concerns over mold contamination within two public middle schools. This pivotal resolution emerged just as a three-day bench trial was poised to commence, signaling a proactive step towards rectifying long-standing health and safety issues in the island’s educational infrastructure.
The lawsuit, initiated in late 2023 on behalf of two students with disabilities, L.A. and G.D., alleged profound failures by GDOE to provide an adequate education, alongside exposing students to unhealthful conditions. These claims specifically cited prevalent health hazards at Agueda Johnston Middle School and Oceanview Middle School, which became central to the litigation.
During intense settlement discussions, legal counsel for both sides informed Superior Court of Guam Judge Elyze Iriarte that a mutual understanding had been achieved. The agreement formally acknowledged two critical facts: the unequivocal presence of mold at both Agueda Johnston and Oceanview middle schools on the lawsuit’s filing date, and the inherent unhealthful nature of mold for students within a learning environment.
This recent accord follows Judge Iriarte’s earlier rulings which found GDOE non-compliant with the Adequate Public Education Act. Specifically, the court had determined that student L.A. was denied a certified teacher on numerous occasions, while G.D. and other Oceanview students were subjected to various health hazards throughout the 2022-2023 school year, prior to the school passing inspection in June 2024.
Co-counsel for the plaintiffs, Phillip Tydingco, highlighted the historical significance of this case, noting it as the first lawsuit filed under the Adequate Public Education Act. This precedent-setting legal action underscores the enforceability and profound relevance of the Act, serving as a powerful reminder to GDOE officials, teachers, parents, and students alike that the law is a tangible instrument for change.
The lawsuit’s systemic impact extends beyond the immediate parties, as legal representatives believe it has exposed GDOE to heightened accountability concerning the 14 fundamental requirements outlined in the Adequate Public Education Act. This increased scrutiny is anticipated to drive more diligent adherence to the provisions designed to ensure a healthful, safe, and sanitary learning environment.
In a direct response to the legal pressure, the Legislature has reportedly urged schools to undergo thorough inspections, a testament to the lawsuit’s ripple effect. Both Agueda Johnston and Oceanview have since secured sanitary permits, indicating progress in addressing the core environmental concerns initially raised by the plaintiffs and validating the push for improved public school safety.
Guam Education Board Chair Angel Sablan and GDOE Superintendent Kenneth E. Swanson have publicly affirmed their commitment to ongoing improvements. While acknowledging the past presence of mold, they emphasized continuous efforts to repair issues and maintain safe and healthy environments across all schools, aiming to prevent any return to previous conditions and uphold the standards for student well-being.
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