The Guam Department of Education (GDOE) has formally settled a significant legal challenge, acknowledging the presence of unhealthy mold within two of its middle schools. This pivotal admission, made during Superior Court proceedings, marks a crucial moment for public education accountability on the island, underscoring persistent concerns regarding school infrastructure and student well-being within the Guam Education system.
The settlement confirms that Agueda I. Johnston Middle School and Oceanview Middle School were afflicted with mold when the lawsuit was initially filed in August 2023. Beyond merely identifying the presence of fungal growth, GDOE explicitly agreed that these conditions posed a health risk to students, a concession that validates the core premise of the School Mold Lawsuit brought forth by the plaintiffs.
Superintendent Erik Swanson clarified the parameters of the agreement, stating, “Yes, we [GDOE and the plaintiffs] agreed to two things in the settlement, that on the day that the suit was filed, there was mold in those two schools, and we agreed that mold is not healthful, that it stops right there.” This direct acknowledgment from the department’s top official signifies a clear shift in how Public School Health issues are being addressed legally and publicly.
The lawsuit, initiated by two former middle school students with special needs under Guam’s Adequate Public Education Act, served as a catalyst for this formal admission. Attorney Daniel Somerfleck, representing the plaintiffs, emphasized that the legal action compelled GDOE to formally recognize substantial violations of the law, ultimately averting a scheduled three-day bench trial and forcing the department to confront systemic issues.
While the lawsuit prompted some immediate corrective measures, including chemical cleaning at Ocean View Middle School and Inalåhan Middle School, concerns remain about the broader scope of remediation efforts. Somerfleck noted that few other campuses appear to have received similar intensive treatment, highlighting the ongoing challenge of comprehensive maintenance across all school GDOE Facilities.
Beyond specific cleanups, the litigation has been instrumental in driving institutional changes. It compelled GDOE to eliminate inspection exemptions and commit to adhering to health standards, although compliance remains a fragile work in progress. This legal pressure also spurred broader legislative scrutiny and public awareness regarding the long-neglected deteriorating conditions across Guam’s 39 public school campuses, necessitating significant Education Reform.
In response to these systemic issues, Superintendent Swanson outlined GDOE’s multifaceted approach to combating mold growth, primarily driven by leaks, wet ceiling tiles, and inadequate insulation. Current initiatives include comprehensive HVAC replacements, insulation upgrades, and district-wide air quality testing, guided by rigorous protocols akin to those used for lead and water safety, all aimed at ensuring greater Student Safety.
GDOE has significantly ramped up its facilities workforce, increasing staff from approximately 20 to 80, and implemented a real-time reporting system via a live Google Sheet to monitor progress across all campuses. Additionally, the department is investing in vital infrastructure improvements, such as solar power at John F. Kennedy High School and accessibility upgrades, including the operational elevator at Southern High School, with ongoing repairs across other schools estimated to cost millions.
Swanson also touched upon a related federal lawsuit involving Logan Taijeron, a student with disabilities, citing Americans with Disabilities Act violations due to persistent elevator outages. This complex web of legal challenges and infrastructure needs underscores the immense task facing GDOE as it strives to modernize and adequately maintain its educational facilities for the benefit of all students on Guam.
