i mina'trentai singko na liheslaturan guåhan bill status on bill...i mina’trentai singko na...

I Mina’trentai Singko Na Liheslaturan GuåhanTHE THIRTY‐FIFTH GUAM LEGISLATUREBill HISTORY 7/8/2019 10:44 AM

I Mina'trentai Singko Na Liheslaturan GuåhanBILL STATUS

BILLNO.

SPONSOR TITLEDATE

INTRODUCEDDATE

REFERREDCMTE

REFERRED

PUBLICHEARINGDATE

DATECOMMITTEEREPORT FILED

FISCAL NOTES NOTES

106‐35 (LS)

Telena Cruz NelsonJoe S. San AgustinAmanda L. SheltonJames C. Moylan

AN ACT TO AMEND §§ 12107(f)(n), 12111(a)(b)(d), 12116(b)(c)(e) OFCHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TOREMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION ANDTHE GUAM EDUCATION BOARD; TO ADD §12107(z) OF CHAPTER 12,TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO AUTHORIZING THEPUBLIC AUDITOR TO SUPERVISE AUDITS; TO AMEND §§ 12103(g),12108(a), 12111(a) OF CHAPTER 12, TITLE 17, GUAM CODEANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAMACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES ANDAPPEALS BOARD; TO ADD §§ 12111(g) AND (h) OF CHAPTER 12, TITLE17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FORTHE CHARTER SCHOOL COUNCIL; TO AMEND §§ 12106(a) AND§§12116(f) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATEDRELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OFCHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO PRIORYEAR OBLIGATIONS AND REMAINING APPROPRIATED FUNDS.

4/23/194:02 p.m.

5/2/19 Committee on Education, Air Transportation, and

Statistics, Research, and Planning

6/12/195:00 p.m.

7/8/1910:37 p.m.

As amended by Committee on Education, Air Transportation, and Statistics, Research, and

Planning.

Fiscal Note Request: 5/3/19

Fiscal Note: 5/23/19

CLERKS OFFICE

OFFICE OF VICE SPEAKER TELENA CRUZ NELSON

CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENT AI SJNGKO NA LIHESLATURAN GUAHAN I 35th GUAM LEGISLATURE

2 8 JUN 2019 The Honorable Tina Rose Mufi.a Barnes Speaker I Mina'trentai Singko na Liheslaturan Guahan

163 Chalan Santo Papa Hagatiia, Guam 96910 Ll VIA: The Honorable Regine Biscoe Le®

Chairperson, Committee on Rules

RE: Committee Report on Bill No. 106-35 (LS) As amended by the Committee

Hafa Adai Speaker Barnes:

Transmitted herewith is the Committee Report on Bill No. 106-35 (LS) As amended by the Committee on Education, Air Transportation, and Statistics, Research and Planning - "AN ACT TO AMEND §§ 12107(t)(n), 12111(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO ADD §12107(z) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO AUTHORIZING THE PUBLIC AUDITOR TO SUPERVISE AUDITS; TO AMEND§§ 12103(g), 12108(a), 121ll(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD§§ 12111(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND§§ 12106(a) AND §§12116(t) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO PRIOR YEAR OBLIGATIONS AND REMAINING APPROPRIATED FUNDS.".

Committee votes are as follows:

3 TO DO PASS

~ TO NOT PASS

I TO REPORT OUT ONLY

yJ TO ABSTAIN

¢ TO PLACE IN INACTIVE FILE

Sincerely,

~~J~Nelson 173 Aspinall Avenue, Suite 202A Ada Plaza Center, Hagama, Guam 96910

Tel: (671) 989-7696 I Email: [email protected]

CJ

OFFICE OF VICE SPEAKER · TELENA CRUZ NELSON

CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENTAI SINGKO NA LIHESLATURAN GUAHAN I 35th GUAM LEGISLATURE

COMMITTEE REPORT

Bill No. 106-35 (LS) As amended by the Committee on

Education, Air Transportation, and Statistics, Research and Planning

Introduced by Senators: Telena C. Nelson, Joe S. San Agustin, Amanda L. Shelton, James C.

Moylan

"AN ACT TO AMEND§§ 12107(f)(n), 12111(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES

OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO ADD §12107(z) OF CHAPTER 12, TITLE 17, GUAM CODE

ANNOTATED, RELATIVE TO AUTHORIZING THE PUBLIC AUDITOR TO SUPERVISE AUDITS OR MAKE THE SELECTION OF THE AUDITING FIRM OR

ORGANIZATION; TO AMEND§§ 12103(g), 12108(a), 1211l(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING

STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD§§ 1211l(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND§§ 12106(a) AND §§12116(1)

OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO PRIOR YEAR OBLIGATIONS AND

REMAINING APPROPRIATED FUNDS."

173 Aspinall Avenue, Suite 202A Ada Plaza Center, Hagatiia, Guam 96910



CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENTAI SINGKO NA LIHESLATURAN GUAHAN f 35th GUAM LEGISLATURE

June 21, 2019

MEMORANDUM

To:

From:

All Members Committee on Education, Air Transportation, and Statistics, Research and Planning

Vice Speaker Telena Cruz Nelson /l_ Committee Chairperson ' /

Subject: Committee Report on Bill No. 106-35 (LS) As amended by the Committee

Transmitted herewith for your consideration is the Committee Report on Bill No. 106-35 (LS) As amended by the Committee - "AN ACT TO AMEND§§ 12107(f)(n), 12111(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO ADD §12107(z) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO AUTHORIZING THE PUBLIC AUDITOR TO SUPERVISE AUDITS OR MAKE THE SELECTION OF THE AUDITING FIRM OR ORGANIZATION; TO AMEND§§ 12103(g), 12108(a), 12111(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD§§ 12111(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND§§ 12106(a) AND §§12116(f) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO PRIOR YEAR OBLIGATIONS AND REMAINING APPROPRIATED FUNDS."

This report includes the following:

• Copy of COR Referral of Bill No. 106-35 (LS)

• • • • • • • • •

Notices of Public Hearing & Other Correspondence

Copy of the Public Hearing Agenda

Public Hearing Sign-in Sheet

Submitted Testimonies

Committee Report Digest

Copy of Bill No. 106-35 (LS) As Introduced

Bill No. 106 -35 (LS) As amended by the Committee

Copy of Fiscal Note from Bureau of Budget and Management Research

Committee Vote Sheet

Please take the appropriate action on the attached vote sheet. Your attention to this matter is greatly appreciated. Should you have any questions or concerns, please do not hesitate to contact me.

Si Yu'os ma'ase ' !

173 Aspinall A venue, Suite 202A Ada Plaza Center, Hagama, Guam 96910


Senator Amanda L. Shelton, V ce Cho rperson

Speaker nno Rose Mur'ia Barnes. Member

v .c e Speaker Telena Cruz Nelson. Member

Senator Kelty Marsh (Taitano), Ph.D .• Member

COMMITTEE ON RULES SENATOR REGINE BISCOE LEE, CHAIR

J MINA'TRENTAI S/NGKO NA LIHESLATURAN GUAHAN 351H GUAM LEGISLATURE

Senator Sobina Flores Perez Member

Senator Clynton E. R"dgell Member

May 2, 2019

MEMO To:

From:

Re:

RennaeMeno Clerk of the Legislature

Attorney Julian Aguon Legislative Legal Counsel

Senator Regine Biscoe Lee Chairperson, Committee on Rules

Referral of Bill No. 10&-35 (LS)

Buenos yon Hafa adai.

Senator Joe S. San Agustin. Member

Senator Jose T. Terlaje. Member

Senator Therese M. Terloje. Member

Senator Jomes C. Moylan Member

Senator Mory Camacho Torres. Member and

Choir. Subcommittee on Protocol

As per my authority as Chairperson of the Committee on Rules and subject to §6.0l (d). Rule VI of our Standing Rules, I am forwarding the referral of 8111No.10&-35 (LS).

Please ensure that the subject bill is referred to the Committee on Education, Air Transportation, and Statistics, Research, and Planning, chaired by Vice Speaker Teleno Cruz Nelson.

I also request that the same be forwarded to the prime sponsor of the subject bill.

If you have any questions or concerns, please feel free to contact Mary Maravilla, Committee on Rules Director at 472-246 l.

Thank you for your attention to this important matter.

Respectfully,

gine Biscoe lee n, Committee on Rules

GUAM CONGRESS BUii.DiNG • 163 CHAI.AN SANTO PAPA • llAGATNA, GUAM 96910 Tclcphon(' ; (671) 472-2461 • Email nddrcn : cor11ua1nle11i•[email protected]

IMln1 ' tr •nt• ISlnt;ko Na lllellll t11ranG..&hln

THETHlllTY.flFTliGU>.Ml£GISl.ATURE U I HISTOllY

5/2/2019HJr;,M

-

106-35 (LS)

CLERKS OFFICE

Telenil Cruz Nelson AN ACT TO AMEND §§ 12107(f)(n), 121ll(il)(b)(d), 12116(b)(c)(e) OF

Joe S. Siln Agustin CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO

Amanda L. Shelton REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND

Jilmes C. Moylan THE GUAM EDUCATION BOARD; TO AMEND §§ 12103(g), 12108(a),

12lll(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED,

RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY

CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS

BOARD; TO ADD §§ 12lll(g) AND (h) OF CHAPTER 12, TlnE 17, GUAM

CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE

CHARTER SCHOOL COU NCIL; TO AMEND §§ 12106(a) AND §§12116(f)

OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO

ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE

17, GUAM CODE ANNOTATED RELATIVE TO REGULATING CHARTER

SCHOOL APPROPRIATION SUBSEQUENT TO THE REVOCATION OF AN

ACADEMY CHARTER SCHOOL'S CHARTER.

I Mina'trentai Si11gko Na Liheslatura11 Guliha11

BCLL STATUS

''

4/23/19 5/2/19 Committee on Education, Air

4:02 p.m. Transportation, and

Statistics, Research, and

Planning

Page 1

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6/19/2019 Guam Legislature Mail - First Notice of Public Hearing: June 12, 2019 at 5:00pm.

Telena Cruz Nelson <[email protected]>

First Notice of Public Hearing: June 12, 2019 at 5:00pm. 3 messages

Telena Cruz Nelson <[email protected]> Wed, Jun 5, 2019 at 9:22 AM To: [email protected] Bee: [email protected], Jon Fernandez <[email protected]>, [email protected], [email protected], Maria Roberto <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "Isa J.B. Baza" <[email protected]>, Amanda Blas <[email protected]>, [email protected], Marilyn Manibusan <[email protected]>, Helen Nishihira <[email protected]>, [email protected], [email protected]

June 5, 2019

MEMORANDUM

To: All Honorable Senators, Stakeholders, and Media Vice-Speaker Telena Nelson, Chairperson From:

Subject: First Notice of Public Hearing: June 12, 2019 at S:OOpm.

Hdfa Adai! Please be advised that the Committee on Education, Air Transportation, and Statistics, Research, and Planning will convene a Public Hearing on Wednesday, June 12, 2019 at 5 :OOpm in the Public Hearing Room of the Guam Congress Building, 163 Chalan Santo Papa, Hagdtiia, Guam 96910. The agenda for the hearing includes the following:

1. The Appointment of Karlyn RCG Borja to serve as a Member of the Guam Education Board

2. Bill 106-35 (LS) -As introduced by Telena C. Nelson I Joe S. San Agustin I Amanda L. Shelton I James C. Moylan

AN ACT TO AMEND§§ 12107(t)(n), 12111(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO AMEND§§ 12103(g), 12108(a), 12111(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD§§ 1211l(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND§§ 12106(a) AND §§12116(t) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO REGULATING CHARTER SCHOOL APPROPRIATION SUBSEQUENT TO THE REVOCATION OF AN ACADEMY CHARTER SCHOOL'S CHARTER.

3. Bill 107-35 (LS) - As introduced by Telena C. Nelson I Amanda L. Shelton I Joe S. San Agustin I James C. Moylan

AN ACT TO AMEND §§ 12107(u), 12113(a) AND (b), 12114(a) AND (d), AND TO ADD NEW§§ 12113(e)(3) AND 12114(a)(6), ALL OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ACCREDITATION AND THE RENEWAL PERIOD FOR CHARTER SCHOOLS; ACCREDITATION STATUS; AND ALLEVIATING THE CAUSES OF PROBATION FOR THE SAME.

Written testimonies may be delivered to the Office of Vice Speaker Nelson at 173 Aspinall Avenue, Suite 202A, Ada Plaza Center, Hagdtfia, Guam 96910 or submitted via email to [email protected]. The Committee requests that testimonies be submitted at least forty-eight (48) hours prior to the hearing.

In compliance with the American with Disabilities Act, individuals requiring assistance or accommodations should contact the Office of Vice-Speaker Nelson by phone call at 989-7696 or via email at [email protected] . Si Yu 'os Ma 'dse '!

Office of Vice Speaker Telena Cruz Nelson

https :/Imai I .google .com/mai 1/u/O?ik=9e830a0093&view=pt&search=all&permthid=thread-a %3Ar5219305552487573283&simpl=msg-a%3Ar-15903924... 1 /2

6/19/2019 Guam Legislature Mail - First Notice of Public Hearing: June 12, 2019 at 5:00pm.

Committee on Education, Air Transportation,

and Statistics, Research, and Planning

I Mina'trentai Singko na Lihes/aturan Gu§han I 35th Guam Legislature

173 Aspinall Avenue, Suite 202A Ada Plaza Center, Hag§tna, Guam 96910

Phone/Fax: (671) 989-7696/4678

Email: [email protected]

11 ® CJ Cl

~ First Notice of Public Hearing_ TCN.pdf 65K

Helen Nishihira <[email protected]> To : [email protected]

Wed, Jun 5, 2019 at 9:22 AM

Hafa Adai; I will be out of my office from June 3 - 12. If you need a timely response, please email [email protected] if this is in regards to federal programs and/or [email protected] for other pressing matters.

Helen Nishihira, MBA iLACS Chief Operations Officer

Board of Trustees Secretary

Phone: (671) 989-3789/99

"The function of education is to teach one to think intensively and to think critically. Intelligence plus character - that's the goal of true education." - Ma1tin Luther King, Jr.

Tom Unsiog <[email protected]> Wed, Jun 5, 2019 at 9:31 AM To: Telena Cruz Nelson <[email protected]>

Notice is now on the legislature's website calendar ... tom [Quoted text hidden]

Thomas J. Unsiog Sergeant at Arms

35th Guam Legislature I Mina'trentai Singko na Liheslaturan Guahan

Tel: (671) 969-3514


"Disclaimer: This message is intended only for the use of the individual or entity to which it is addressed and may contain information which is privileged, confidential, proprietary, or exempt from disclosure under applicable law. If you are not the intended recipient or the individual responsible for delivering the message to the intended recipient, you are strictly prohibited from disclosing, distributing, copying, or in any way using this message. If you have received this communication in error, please notify the sender and immediately delete any copies you may have received. Thank you."

https://mai I .google .com/mail/u/O?ik=9e830a0093&view=pt&search=all&permthid=thread-a%3Ar5219305552487573283&si mpl=msg-a %3Ar-15903924. . . 2/2


CHAIRPERSON OF THE COMMITIEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENTAI SINGKO NA LIHESLATURAN GUAHAN j 35th GUAM LEGISLATURE

June 5, 2019

MEMORANDUM

To: From:

A~l Honorable Senators, Stakehol~ers, and ~ia

Vice-Speaker Telena Nelson, Cha1rperso~--Subject: First Notice of Public Hearing: June 12, 2019 at 5:00pm.

H&fa Adai! Please be advised that the Committee on Education, Air Transportation, and Statistics, Research, and Planning will convene a Public Hearing on Wednesday, June 12, 2019 at 5:00pm in the Public Hearing Room of the Guam Congress Building, 163 Chalan Santo Papa, Hagatna, Guam 96910. The agenda for the hearing includes the following:

1. The Appointment of Karlyn RCG Borja to serve as a Member of the Guam Education

Board

2. Bill 106-35 (LS) - As introduced by Telena C. Nelson I Joe S. San Agustin I Amanda L. Shelton I James C. Moylan

AN ACT TO AMEND§§ 12107(f)(n), 1211 l(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANN OTA TED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO AMEND §§ 12103(g), 12108(a), 1211 l(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD§§ 1211 l(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND §§ 12106(a) AND §§12116(f) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO REGULATING CHARTER SCHOOL APPROPRIATION SUBSEQUENT TO THE REVOCATION OF AN ACADEMY CHARTER SCHOOL'S CHARTER.


AN ACT TO AMEND§§ 12107(u), 12113(a) AND (b), 12114(a) AND (d), AND TO ADD NEW§§ 12113(e)(3) AND 12114(a)(6), ALL OF CHAPTER 12, TITLE 17, GUAM CODE ANN OTA TED, RELATIVE TO ACCREDITATION AND THE RENEWAL PERIOD

173 Aspinall Avenue, Suite 202A Ada Plaza Center, Hagatiia, Guam 96910 Tel: (671) 989-7696 t Email: senatortcnelson@ guamlegislature.org


CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENTAI SJNGKO NA LIHESLATURAN GUAHAN i 3Sth GUAM LEGISLATURE

FOR CHARTER SCHOOLS; ACCREDITATION STATUS; AND ALLEVIATING THE CAUSES OF PROBATION FOR THE SAME.

Written testimonies may be delivered to the Office of Vice Speaker Nelson at 173 Aspinall A venue, Suite 202A, Ada Plaza Center, Hagatna, Guam 96910 or submitted via email to [email protected]. The Committee requests that testimonies be submitted at least forty-eight ( 48) hours prior to the hearing.

In compliance with the American with Disabilities Act, individuals requmng assistance or accommodations should contact the Office of Vice-Speaker Nelson by phone call at 989-7696 or via email at [email protected]. Si Yu 'os Ma 'ase '!

173 Aspinall A venue, Suite 202A Ada Plaza Center, Hagdtiia, Guam 96910

Tel: (671) 989-7696 l Email: senatortcnelson@ guamlegislature.org

6/19/2019 Guam Legislature Mail - Second Notice of Public Hearing: June 12, 2019 at 5:00 pm

Telena Cruz Nelson <[email protected]>

Second Notice of Public Hearing: June 12, 2019 at 5:00 pm 2 messages

Telena Cruz Nelson <[email protected]> Mon, Jun 10, 2019 at 12:00 PM To: [email protected] Bee: Jon Fernandez <[email protected]>, [email protected], [email protected], Maria Roberto <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "Isa J.B. Baza" <[email protected]>, Amanda Blas <[email protected]>, [email protected], Marilyn Manibusan <[email protected]>, Helen Nishihira <[email protected]>, [email protected], [email protected], [email protected]

June 10, 2019

MEMORANDUM

To: All Honorable Senators, Stakeholders, and Media Vice-Speaker Telena Nelson, Chai1person From:

Subject: Second Notice of Public Hearing: June 12, 2019 at S:OOpm.

H4fa Adai! Please be advised that the Committee on Education, Air Transportation, and Statistics, Research, and Planning will convene a Public Hearing on Wednesday, June 12, 2019 at 5:00pm in the Public Hearing Room of the Guam Congress Building, 163 Chalan Santo Papa, Hagiitiia , Guam 96910. The agenda for the hearing includes the following:

1. The Appointment of Karlyn RCG Borja to serve as a Member of the Guam Education Board 2. Bill 106-35 (LS)- As introduced by Telena C. Nelson I Joe S. San Agustin I Amanda L. Shelton I James C. Moylan

AN ACT TO AMEND§§ 12107(f)(n), 12111(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO AMEND§§ 12103(g), 12108(a), 121ll(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD§§ 1211l(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND§§ 12106(a) AND §§12116(f) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO REGULATING CHARTER SCHOOL APPROPRIATION SUBSEQUENT TO THE REVOCATION OF AN ACADEMY CHARTER SCHOOL'S CHARTER.


AN ACT TO AMEND §§ 12107(u), 12113(a) AND (b), 12114(a) AND (d), AND TO ADD NEW §§ 12113(e)(3) AND 12114(a)(6), ALL OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ACCREDITATION AND THE RENEWAL PERIOD FOR CHARTER SCHOOLS; ACCREDITATION STATUS; AND ALLEVIATING THE CAUSES OF PROBATION FOR THE SAME.

Written testimonies may be delivered to the Office of Vice Speaker Nelson at 173 Aspinall Avenue, Suite 202A, Ada Plaza Center, Hagiitiia, Guam 96910 or submitted via email to [email protected]. The Committee requests that testimonies be submitted at least forty-eight (48) hours prior to the hearing.

In compliance with the Americans with Disabilities Act, individuals requiring assistance or accommodations should contact the Office of Vice-Speaker Nelson by phone call at 989-7696 or via email at [email protected]. Si Yu 'os Ma 'iise '!

Office of Vice Speaker Telena Cruz Nelson

https://mail.google.com/mail/u/O?ik=9e830a0093&view=pt&search=all&permthid=thread-a%3Ar-7845565661713106876&simpl=msg-a%3Ar-6141788... 1 /2

6/19/2019 Guam Legislature Mail - Second Notice of Public Hearing: June 12, 2019 at 5:00 pm

Committee on Education, Air Transportation,

and Statistics, Research, and Planning

I Mina'trentai Singko na Liheslaturan Gu§han I 35th Guam Legislature

173 Aspinall Avenue, Suite 202A Ada Plaza Center, Hag§tfia, Guam 96910

Phone/Fax: (671) 989-7696/4678


11 [@] C1 c

~ Second Notice_June 12 PH_TCN.pdf 64K

Helen Nishihira <[email protected]> To: [email protected]

Mon, Jun 10, 2019 at 12:01 PM

Hafa Adai; I will be out of my office from June 3 - 12. If you need a timely response, please email [email protected] if this is in regards to federal programs and/or [email protected] for other pressing matters.

Helen Nishihira, MBA iLACS Chief Operations Officer

Board of Trustees Secretary

Phone: (671) 989-3789/99

"The function of education is to teach one to think intensively and to think critically. Intelligence plus character - that's the goal of true education." - Mattin Luther King, Jr.

https://mail.google.com/mail/u/O?ik=9e830a0093&view=pt&search=all&permthid=thread-a%3Ar-7845565661713106876&simpl=msg-a%3Ar-6141788. .. 2/2


CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENT Al SINGKO NA LIHESLATURAN GUAHAN I 35th GUAM LEGISLATURE

June 10, 2019

MEMORANDUM

To:

From:

All Honorable Senators, Stakeholders, and J6!<lia Vice-Speaker Telena Nelson, Chairperso~

Subject: Second Notice of Public Hearing: June 12, 2019 at 5:00pm.

Hafa Adai! Please be advised that the Committee on Education, Air Transportation, and Statistics,

Research, and Planning will convene a Public Hearing on Wednesday, June 12, 2019 at 5:00pm in the Public Hearing Room of the Guam Congress Building, 163 Chalan Santo Papa, Hagatna, Guam 96910. The agenda for the hearing includes the following:

1. The Appointment of Karlyn RCG Borja to serve as a Member of the Guam Education

Board

2. Bill 106-35 (LS) - As introduced by Telena C. Nelson I Joe S. San Agustin I Amanda L. Shelton I James C. Moylan

AN ACT TO AMEND §§ 12107(f)(n), 1211 l(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANN OT A TED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO AMEND §§ 12103(g), 12108(a), 1211 l(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD§§ 1211 l(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND §§ 12106(a) AND §§12116(f) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO REGULATING CHARTER SCHOOL APPROPRIATION SUBSEQUENT TO THE REVOCATION OF AN ACADEMY CHARTER SCHOOL'S CHARTER.


AN ACT TO AMEND§§ 12107(u), 12113(a) AND (b), 12114(a) AND (d), AND TO ADD NEW§§ 12113(e)(3) AND 12114(a)(6), ALL OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ACCREDITATION AND THE RENEWAL PERIOD

173 Aspinall Avenue, Suite 202A Ada Plaza Center, Hagatfia, Guam 96910

Tel: (671) 989-7696 1 Email: [email protected]


CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING J MINA 'TRENT AI SINGKO NA LIHESLATURAN GUAHAN 135th GUAM LEGISLATURE

FOR CHARTER SCHOOLS; ACCREDITATION STATUS; AND ALLEVIATING THE CAUSES OF PROBATION FOR THE SAME.

Written testimonies may be delivered to the Office of Vice Speaker Nelson at 173 Aspinall A venue, Suite 202A; Ada Plaza Center, Hagatiia, Guam 96910 or submitted via email to [email protected]. The Committee requests that testimonies be submitted at least forty-eight ( 48) hours prior to the hearing.

In compliance with the American with Disabilities Act, individuals requmng assistance or accommodations should contact the Office of Vice-Speaker Nelson by phone call at 989-7696 or via email at senatortc.n~lson amle ·slature.or . Si Yu 'os Ma 'ase '!

173 Aspinall Avenue, Suite 202A Ada Plaza Center, Hagatna, Guam 96910

Tel: (671) 989-7696 1 Email: [email protected]

I Mina'trentai Singko Na Liheslaturan Guahan PH NOTICE LISTSERV [email protected]

[email protected] [email protected] [email protected] [email protected]





[email protected] [email protected] [email protected] edelynnl [email protected]




[email protected] [email protected] bill. [email protected] [email protected]

[email protected] [email protected] [email protected] fes227 [email protected]



[email protected] gerard. [email protected] ca [email protected] [email protected]

[email protected] [email protected] [email protected] [email protected] [email protected] [email protected]



[email protected] Hill. [email protected] [email protected] [email protected]




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[email protected] lauri. [email protected] [email protected] [email protected] [email protected] [email protected]


[email protected] lester [email protected] [email protected] [email protected]








[email protected] rnartavictoria [email protected] [email protected] [email protected]



[email protected] [email protected] kcharfauros7 [email protected] [email protected]


kelly. [email protected] [email protected] [email protected] [email protected]

[email protected] [email protected] [email protected] rnelvin. [email protected]


[email protected] [email protected]

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ml [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]







[email protected] [email protected] [email protected] sheltonforguam@ ail.com




[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]





[email protected] [email protected] [email protected]

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Updated as of 5.15.19

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CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENTAI SINGKO NA LIHESLATURAN GUAHAN 135th GUAM LEGISLATURE

AGENDA

Public Hearing

Wednesday, June 12, 2019 at 5:00 p.m.

Public Hearing Room, Guam Congress Building

I. Call to Order at 5:00 p.m.

II. Opening Remarks - Vice Speaker Telena Nelson

III. Items for Discussion

a. The Appointment of Karlyn RCG Borja to serve as a Member of the Guam

Education Board

b. Bill 106-35 (LS) -As introduced by Telena C. Nelson I Joe S. San Agustin I Amanda L. Shelton I James C. Moylan - AN ACT TO AMEND §§ 12107(f)(n), 1211 l(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO AMEND§§ 12103(g), 12108(a), 1211 l(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD§§ 12111(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND §§ 12106(a) AND §§12116(£) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO REGULATING CHARTER SCHOOL APPROPRIATION SUBSEQUENT TO THE REVOCATION OF AN ACADEMY CHARTER SCHOOL'S CHARTER.

c. Bill 107-35 (LS)-As introduced by Telena C. Nelson I Amanda L. Shelton I Joe S. San Agustin I James C. Moylan - AN ACT TO AMEND §§ 12107(u), 12113(a) AND (b), 12114(a) AND (d), AND TO ADD NEW §§ 12113(e)(3) AND 12114(a)(6), ALL OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ACCREDITATION AND THE RENEW AL PERIOD FOR CHARTER SCHOOLS; ACCREDIT A TI ON STATUS; AND ALLEVIATING THE CAUSES OF PROBATION FOR THE SAME.

IV. Adjournment

173 Aspinall Avenue, Suite 202 A Ada Plaza Center, Hagatiia, Guam 96910

Tel: (671) 989-76961 Email: [email protected]


CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENT AI SIN GKO NA LIHESLATURAN GUAHAN 135th GUAM LEGISLATURE

Public Hearing - Wednesday, June 12, 2019 I 5:00 p.m. I Public Hearing Room Bill 106-35 (LS) - As introduced by Telena C. Nelson I Joe S. San Agustin I Amanda L. Shelton I James C. Moylan -

AN ACT TO AMEND§§ 12107(f)(n), 1211l(a)(b)(d),12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION

BOARD; TO AMEND§§ 12103(g), 12108(a), 1211 l(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES

AND APPEALS BOARD; TO ADD§§ 1211 l (g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND§§ 12106(a) AND §§12116(£) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g)

OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO REGULATING CHARTER SCHOOL APPROPRIATION SUBSEQUENT TO THE REVOCATION OF AN ACADEMY CHARTER SCHOOL'S CHARTER.

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173 Aspinall A venue, Suite 202A Ada Plaza Center, Hagatiia, Guam 96910

Tel: (671) 989-7696 [Email: [email protected]

SUPPORT OR OPPOSE


CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENT AI SINGKO NA LIHESLATURAN GUAHAN I 35th GUAM LEGISLATURE

Public Hearing- Wednesday, June 12, 2019 I 5:00 p.m. I Public Hearing Room Bill 106-35 (LS) - As introduced by Telena C. Nelson I Joe S. San Agustin I Amanda L. Shelton I James C. Moylan -

AN ACT TO AMEND§§ 12107(f)(n), 1211l(a)(b)(d),12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION

BOARD; TO AMEND§§ 12103(g), 12108(a), 1211 l(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES

AND APPEALS BOARD; TO ADD§§ 1211 l(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND§§ 12106(a) AND §§12116(£) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g)

OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO REGULATING CHARTER SCHOOL APPROPRIATION SUBSEQUENT TO THE REVOCATION OF AN ACADEMY CHARTER SCHOOL'S CHARTER.

NAME AGENCY OR CONTACT ORAL WRITTEN TESTIMONY TESTIMONY

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173 Aspinall Avenue, Suite 202A Ada Plaza Center, Hagatna , Guam 96910

Tel: (671) 989-7696 I Email: senatortcnelson@guamlegislature .org

SUPPORT OR OPPOSE

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DEPARTMENT OF EDUCATION OFFICE OF THE SUPERINTENDENT

www.gdoe.net 501 Mariner Avenue

Barrigada, Guam 96913 Telephone: (671) 300-1547/1536•Fax: (671)472-5001

Email: [email protected] JON J.P. FERNANDEZ

Superintendent of Education

Junel2,2019

Honorable Telena C. Nelson Vice-Speaker & Chairwoman Committee on Education, Air Transportation, and Statistics, Research & Planning I Mina' Trentai Singko I Liheslaturan Guahan 173 Aspinall Avenue, Suite 202A Ada Plaza Center Hagatna, Guam 96910

Dear Vice-Speaker Nelson:

Hafa Adai ! Thank you for the opportunity to provide testimony on two bills being heard by your committee today - Bills 106-35 and 107-35. Both bills seek to amend Chapter 12 of Title 17, Guam Code Annotated, otherwise referred to as the Guam Academy Charter School Act of 2009, in an attempt to address concerns that have been raised in recent years for a number of different reasons.

Bill 106-35

I am testifying in support of Bill 106-35, which attempts to address the repeated requests of the Guam Education Board to separate the Guam Department of Education, budgetarily and operationally, from the charter schools by doing the following:

• Removes the Superintendent of the Guam Department of Education from serving on the Appeals Board that would hear charter school appeals related to actions taken or decisions made by the Guam Academy Charter School Council (See Section 2).

• Removes the requirement of an Academy Charter School to submit an annual report to the Superintendent and the Guam Education Board (See Section 4).

• Removes the Superintendent from serving as a member of the Guam Academy Charter Schools Council (See Section 6).

• Removes the requirement for the Guam Academy Charter Schools Council to timely submit a budget to the Superintendent and Guam Education Board as well as any requirement for the Superintendent and Guam Education Board to approve expenditures (See Section 7).

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We support each of these measures as they pertain to separating GDOE from the charter schools. We would, however, request that language be included in the bill to require separate appropriations for the Guam Department of Education and the charter schools and to clarify that the Guam Department of Education shall, in no way, be required to review or validate the expenditures of the charter schools. The bill appears to imply this, but we would like to suggest clearer and more definite language to this effect.

We would also like to request that there be an additional section added to your bill to address concerns about existing section 12114( e) of Chapter 12, Title 17, which would require that the Guam Department of Education manage a chmier school in the event that the school's chmier is revoked. Should a school have its chmier revoked, the Guam Academy Charter School Council, which issued the charter initially and is charged with the regular oversight and monitoring of that school, should be responsible for managing that school's transition. In the same way that GDOE should be separated from the charter schools in tenns of budget and day-to-day operations, GDOE should also be separated from the responsibility to serve as an emergency responder when a school fails to sustain its charter.

There are other minor suggestions that we wanted to share. While we supp01i the direction of the bill overall, we would suggest, relative to the Appeals Board, that the Legislature consider whether there might be situations where a chmier school contracts with GCC or UOG for services, thereby presenting a potential conflict of interest for the GCC and UOG representatives who could potentially have to act on appeals brought by that charter school. In addition, while we support removing the requirement to submit annual reports to GDOE and the GEB, it would seem to be appropriate that the charter school reports be available publicly through the school websites or through other accessible means.

Bill 107-35

I support Bill 107-35 and the intent to clarify the requirements and accountability measures for charier schools.

Thank you for the opp01itmity to testify in suppoli of both bills and to provide suggestions for further improvements. Should you have any questions, please feel free to contact me at [email protected] or 300-1547.

Senseramentc,

ilearn• • AC.AD.EMY CHARTE'fl SCHOOL.

PO Box 8445 Tamuning, Guam 96931Tel: (671) 989-3789 Email: [email protected]

June 10, 2019

Honorable Vice Speaker Telena Nelson Chairman, Committee of Education, AirTransportation, and Statistics, Research, and Planning I Mina 'trentai Singko na Liheslaturan Guahan Guam Congress Building 163 Chalan Santo Papa Hagatna, Guam 96910

Re: Testimony Bill 106 & I 07

Hafa Adai Honorable Vice Speaker Telena Nelson and Committee Members;

On Behalf of iLearn Academy Chatier School, I would like to thank you for giving us the opportunity to provide testimony in support of Bills 106 & l 07.

iLearn Academy Charter School has always had a good working relationship with the Guam Department of Education. Their guidance in federal consolidated grants, state-wide assessments, and other resources have been instrumental in iLearn' s successes. We therefore support the intent of Bill 106. We see this as a move towards a more efficient processing for chaiier schools as it removes a layer of government, reduces the stress on GDOE resources, and increases the collaborative spirit between the two organizations.

In regards to Bill 107, iLearn Academy Charter School feels that this strengthens the accountability measures set into place for the charter schools. However, there are two things we would like to address within this amendment:

First, in Section 6 §12114 (d) ofBill 107, it says: The Council shall place an Academy Charter School on probation, rather than revoke its Charter, in order to allow for the implementation of a remedial plan approved by the Council. No more than one hundred eighty ( 180) days.

· o The word "shall" replaced the word "may" in this section. By putting the word shall it completely negates the council's ability to revoke the charter as noted in Section 5 §12114 (a) of Bill 107.

Second, iLearn also feels that the statement in Section 6 §12114 (d) of Bill 107 which states; "or such longer period as the Council may specify" should either be removed or be modified to state "or such longer period as pre-determined by the Council, not to exceed one year."

o The above modification will ensure that the Council takes actions for or against charter schools, holding charter schools accountable for resources allotted to them.

o iLeam feels that if a charter were to be placed in probation, that 180 days is ample time to make corrective matters; where as 90 days might not be sufficient.

Overall, iLeam Academy Charter School is in support of Bills 106 and 107. We feel that this will be a positive step towards strengthening education on Guam.

Sincerely,

v rh_'l.;/u_ ffe~n N-ishihira Chief Operations Officer iLearn Academy Charter School

June 12, 2019

HafaAdai:

My name is Amanda Blas, and I am the Chairwoman of the Guam Academy Charter Schools Council. On behalf of the Council, we appreciate the opportunity to testify on Bill 106-35 and 107-35.

In regard to Bill I 06, the Council would like to highlight the following:

First, Bill I 06 separates the charter school funding from the Department of Education funding, establishing the Guam Academy Charter School Fund. However, the bill does not state who will monitor charter schools' appropriations and spending, which is currently shouldered by the Department of Education. Per the current appropriations law, Public Law 34-116: "each Academy Charter School shall submit a monthly invoice to DOA which shall be remitted to GDOE. Upon receipt of remitted invoice, GDOE shall verify accuracy of the invoice and report its findings within ten (10) days of receipt of said invoice by the GDOE prior to the release of funds." If charter school funding is no longer coming from GDOE funds, is GDOE still expected to monitor charter schools' spending? If not, is the Guam Academy Charter Schools Council expected to monitor the charter schools' appropriations and spending? The Council currently does not have the resources necessary to do this, as the Council lacks the administrative staff to perfonn its existing duties and responsibilities. An added responsibility of monitoring charter school appropriations and spending would require the Council to have full-time staff with expertise in finance and budgets.

Additionally, Bill I 06 states: "Thus, it is the intent of I Liheslaturan Guahan to separate the Guam Academy Charter Schools' budgetary and organizational process from that of the Guam Department of Education." However, aside from the submission requirement mentioned in Section 12116 of the current Charter School Law and the abovementioned process of remitting invoices as stated in Public Law 34-116, there are no clear budgetary processes for charter schools that do not include GDOE. If there is no clear budgetary process for the charter schools and no clear monitor of charter schools' appropriations and spending, how will the separation of the budgets and the establishment of the Guam Academy Charter School Fund be responsibly carried out? While the Council supports greater flexibility for charter schools, there needs to be accountability measures in place.

Second, in Section 12116, Funding, of Bill 106, it is stated, "the Council shall submit budgets of Academy Charter Schools and their respective enrollment data to include the origin of each student to I Liheslatura by June 15." In the past, budget hearings were typically held as early as January. Will a budget request submission due date in mid-June affect the charter schools' ability to testify on their budget requests? With the exception of this year, charter schools have not been given the opportunity to testify on their budget requests. The Council supports charter schools' ability to defend their budget requests in the same way other entities that receive government funding are able to.

In regard to Bill 107 and the extension of the period in which a charter school shall attain accreditation from five years to six years, two out of the three existing charter schools have received notice of their accreditation status within five years: iLeam Academy Charter School attained accreditation within_ five years, prior to the expiration of their charter. Similarly, Guahan Academy Charter School received notification regarding the final decision of their accreditation prior to the expiration of their charter.

Lastly, both Bills 106 and 107 fail to highlight the Council's lack of resources, which in tum affects the Council ability to fully perform its duties and responsibilities and support the charter schools. As the Legislature considers these two bills related to charter schools, the Council also asks the Legislature consider the Council's budget request for Fiscal Year 2020, which includes administrative staff, necessary supplies, and dedicated office space. Strengthening the Council will ultimately strengthen Guam's charter schools as a whole.

Guam's charter schools were created to increase learning opportunities for students, and encourage the use of different and innovative teaching methods.

We ask the Legislature consider the concerns of the Council and the charter schools in their deliberation of the two bills.

AMANDA F. BLAS Chairwoman Guam Academy Charter Schools Council

CC: Guam Academy Charter School Members Vice Speaker Telena Nelson, Guahan Academy Charter School Board of Trustees iLeam Academy Charter School Board of Trustees SiFA Academy Charter School Board of Trustees


CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENT AI SINGKO NA LIHESLATURAN GUAHAN I 35th GUAM LEGISLATURE

COMMITTEE REPORT DIGEST

I. OVERVIEW Bill No. 106-35 (LS) was introduced on April 23, 2019 by Vice Speaker Telena C. Nelson, and was subsequently referred by the Committee on Rules to the Committee on Education, Air Transportation and Statistics, Research and Planning on May 2, 2019 .

The Committee on Education, Air Transportation, and Statistics, Research and Planning convened a public hearing on Bill No. 106-35 (LS) on Wednesday, June 12, 2019 at 5:00 PM in I Liheslatura' s Public Hearing Room.

Public Notice Requirements Public Hearing notices were disseminated via e-mail to all senators and all main media broadcasting outlets on Wednesday, June 5, 2019 (5-Day Notice), and again on Monday, June 10, 2019 (48-Hour Notice).

Senators Present Vice Speaker Telena C. Nelson, Chairperson Senator Amanda L. Shelton, Vice-Chairperson, Committee on Education Senator James C. Moylan

II. SUMMARY OF TESTIMONY & DISCUSSION The public hearing was Called-to-Order at 5:05 PM.

173 Aspinall A venue, Suite 202A Ada Plaza Center, Hagatna, Guam 96910


Committee Report Digest- Bill 107-35 (LS)

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Vice Speaker Telena Nelson: Next on our agenda is bill number 106-35 as introduced by Telena

C. Nelson, Joe S. San Agustin, Amanda L. Shelton and James C Moylan. Bill No. 106-35 is an

act to amend §§12107(f) and (n) 1211 l(a)(b)(d), 12116(b)(c) and (e) of Chapter 12 Title 17,

GCA relative to removing the duties of the Superintendent of Education and the Guam Education

board. To amend §§12103(g), 12108(a), 12111(a) of Chapter 12, Title 17 Guam Code Annotated,

relative to establishing standards for the Guam Academy Charter School Council Board of

Trustees, Appeals board and to add§ 1211 l(g) and (h) of Chapter 12, Title 17 GCA relative to

establishing rules for the charter school council and to amend §12106(a), §12116(f) of Chapter

12, Title 17 GCA relative to establishing deadlines and to add § 12 116(g) of Chapter 12, Title 17

GCA relative to regulating charter school appropriation subsequent to the revocation of an

Academy Charter Schools charter. I'd like to call those who are here to testify please just come

forward to the table. Mr. superintendent, we'll just start with you please state your name for the

record.

Jon Fernandez: Jon Fernandez, the superintendent Guam Department of Education you should

have a short test a written testimony from me so thank you for the opportunity to testify today. I

come in to testify in support of both bills and with some with some comment for potential

hopefully refinement for bill 106, testifying in support. The bill attempts to address the repeated

requests of the Guam Education Board and I would probably say the from the charter schools as

well to separate the Guam Department of Education budgetarily and operationally from the

charter schools. By doing the following and I think you've said some of it removing the

superintendent from serving on the appeals board removing the requirement of the Academy

Charter School of an Academy Charter School to submit reports to the superintendent and the

Guam Education Board remove the superintendent from the Charter School Council as well as

remove the DOE and the superintendent and the board from the budget process as well as the

expenditure approval process. So we support each of these measures we would however require

if we could that there be clearer language that indicates that there will be separate appropriations

for DOE and for the charter schools I think the bill implies it or you know for certain and the

language being used, but if there were just clear language that says that we were you know these

provisions are separate that would help just because as you know the other component here is

what happens in the budget act when some things get added to it so but both that understood we

definitely believe that that would be the intent of the board as well in trying in requesting that

separation. I also would like to address one more area where the separation could be clearer and

that has to do with the existing section 12114( e) of chapter 12, which requires that DOE manage

a charter school in the event that the charter school's charter is revoked I think it would be more

appropriate that the Guam Academy Charter School Council be equipped to you know since they

issued the Charter initially and are charged with the regular oversight and monitoring of the

school to be able to manage that schools transition. I think that we definitely would be part of


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that conversation but I don't know that it doesn't seem that it would make sense for DOE to be

separated from full responsibilities but then have to come in on an emergency basis should the

Charter School for some reason fail to sustain its charter. So that would just be, I think along the

lines of indicating and clear separation of authority and responsibility I just suggested, the

charter school council perhaps might be the entity that would need to be equipped to manage that

transition and whether it's do we that gets requested to come in or another charter school perhaps

to come in and help manage that charter school transition we'd be open to that but that's the

suggestion. There are some minor suggestions as well so we do support that the direction to

remove the superintendent from the appeals board. I just want to comment because it has always

been a kind of a curiosity for me that the president of GCC and UOG would also be members of

the appeals board. There are up there are situations where you might imagine that a charter

school my contract with GCC or UOG for services one way or the other and so and then an

appeal come, the appeals board might present a conflict of interest so it might be something to

take a look at whether there is another way to just construct an appeals board in a way that might

foresee some of these potential conflicts. I do have another comment with regard to the appeals

board that didn't make it into the testimony but before I arrived here I took a look at the DC law

because they about 47% of public school students go to charter schools and the District of

Columbia, actually what happens is that the charter school of authorizing board makes the decision to do a revocation and and the decision is a final decision that is appealable or

disputable up to a court and there's a judicial review instead of having an interim appeals board

and then potentially go up to a court so in the DC law the public charter school board would

make the decision on revocation and then it would be subject to judicial review as the as the

appeal and the courts would then render a decision. I think the standard is whether the charter

school board has made an arbitrary or capricious decision so there might be just some clarity on

that. And then finally though there we removed the requirement to submit annual reports to

GDOE and GEB so I thought it would be helpful whether it's a charter school or the trial counsel

to produce some type of annual report that would be available to the public one way or the other

just the way that DOE is required to. I think that would be along the lines of transparency for all

public funded agencies that there be some kind of useful report that both you know the

Department of Education, charter schools will all be subject to. So those are just suggestions bill

107 - 3 5 with regard to the requirements and accountability measures for charter schools I just

testified in support of it whether the revocation language gets done in 106 or 107 because it's

kind of relative to both you know up to the committee but again we support both the measures.

Vice Speaker Telena Nelson: Thank you very much Mr. Superintendent and thank you for your

support. Speaker Won Pat, former Speaker?


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Dr. Judith Won Pat: Thank you very much senators for holding this public hearing and for the

introduction of course of bills number 106 and 107. There was this discussion at one time when

you had no right to basically ask the charter schools where they're at and where they're going and

through that discussion there was some of these issues that materialized in bill 106 and 107 so

thank you for that. I have to say that you know I agree with my colleague here to do the right

with Mr. Fernandez, I am not objecting to that. As a matter of fact, when the bill was first written

I had actually worked with the superintendent and he had asked at the time because it was new if

the superintendent could be a part of it so they'll be able to know where the charter schools are

going, how is it going to affect their budget and that amendment was made and then here we are

now to remove it the superintendent and you know, it's a living document because the charter

schools of course is very new to the island and we're learning and we're having to make changes

as we grow. So I truly understand where he was coming from and in terms of that removal in

terms of this separation of the budget. As we indicated before and they would they can verify

that they've actually passed maybe I think 15 resolutions to that fact that there be that separation

with the budget. However, I know what the process is like in the legislature as well when the

Legislature's scrambling for money and how then you want to apportion those monies, because

when the governor sends the money, the budget down, it's a general lump sum that the

legislature, you yourselves, are really going to have to make that real hard decision for the other

branches and for you know the judiciary. I mean to judiciary, the attorney general's office, the

mayors and education, which is you know a real big portion of it so I can appreciate you know

where you're gonna be coming from and I think you would just make it a lot easier for you and

everyone if there is this separation. As I was going through the bills and amendments, I don't

have any objections, however I do have a question and that is on the funding portion and

specifically the date for June 15 as the date to submit the report. We're not objecting to the report

at all, it's very important that reports be made in terms of what the enrollment data is however in

the school system and when the charter school is starting up, normally around like late spring

and early summer is when you go is when the recruitment actually is happening and when

enrollment is actually taking place and you really wouldn't be knowing where all of your

students are coming from and there seems to be a hard date by the 15th. The superintendent will

tell you and all principals will tell you is that the numbers I know varies and normally at the

beginning of the school year is the highest and then towards the end of the year it's the lowest,

but in this case for the council for the charter schools to submit actual information might be a bit

difficult because in it like now give you an example for us, right now, naturally we're taking all

of the kids that from their previous grades is moving up to the next grade and we have those

numbers, but we're still registering students and by June 15, which would be in a couple of days,

then I won't have the full complement actually to report to the council and then to the legislature

so I just wanted to know whether this is a hard fast date. I mean I don't know what the answer is

and I'm looking to let us know.


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Vice Speaker Telena Nelson: Right so we were working with this date because and one of the

many roundtable hearings that we had our informational hearing that we had with charter schools

and meetings they were actually asking for May 15th to be an enrollment deadline because the

provision was to actually remove the cap for charter schools and so without hindering DO E's

function and the rest of the budgetary process we were in agreement that May 15th was the date

that the charter schools would submit enrollment so that we would know how much to budget for

the charter school and we pushed it another month further because we took a little while to write

this bill so if there's some recommendations you have.

Dr. Judith Won Pat: Well maybe because I'm hoping that June 15th would not be the cut off

date, we're going to tell all parents that you can't register anymore by June 15th that's my fear.

Vice Speaker Telena Nelson: so what do you recommend speaker?

Dr. Judith Won Pat: Well the numbers, I mean I know because by law now you have to pass a

budget by the end of August and right now the way its been working when you actually place a

cap on us what DOE currently does is that then at the beginning of the year they would ask what

our count is and then at the end of September they would also ask for another count and because

the beginning of the school year really is a better mark in terms of determining what it is, but it

doesn't meet your budget requirements and that's why I'm saying that it would be best that you

know you do have a cap but like today. I'll tell you right now we have slightly under six hundred

students and today at this date and our cap was 7 40 and so if I'm going to turn this date in by next

week to the council it would be at 600 it would not be at the cap that we were operating under of

740.

Vice Speaker Telena Nelson: So this date was an agreement that we went through our charter

schools and they agreed to have it on June 15th, but perhaps we can make an amendment that

perhaps states that if you do not meet your enrollment cap then you have until such time to meet

your enrollment cap.

Dr. Judith Won Pat: Yes that would work okay.

Vice Speaker Telena Nelson: But instead of June 15.

Dr. Judith Won Pat: You're right because we're still we're still trying to enroll we're also registering even in the first week of school that happens throughout all the schools parents you know change their minds and then they start withdrawing their children or registering them in another school.

Vice Speaker Telena Nelson: Thank you Speaker,


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Dr. Judith Won Pat: The other question that I have or rather the last subsection of (g) all remaining funds appropriated to this charter school the end of the fiscal year shall be reverted back to the general fund and currently of course that's not the case where it doesn't revert to the general fund but it actually stays with DOE being that it's under I DOE and I'm wondering or would like to see the language that the remaining funds you see normally at the end of the year you make that decision again for the budget is want to allow for either carryover or to allow for the current fiscal year budget to be used to address and take care of any previous obligations and I'm looking to this section to do just that an example where we're at right now and I know we've been in the news and I'm not going to deny that is that we would be able to address many of those debts that we have to you know the various vendors if we're actually allowed to use our current funding and make good you know those payments to to our vendors rather than us now having to go it go through the process of going to the OPA or maybe even going to the courts or what have you we really could address that way we're able then to set those monies society to be able to do it and I'm hoping that language instead I would be allowed for us to do that and more importantly than is because at the end of the school year as we're closing up for of course we're needing to spend their money and I don't want this to be and I remember kids give the time ...

Vice Speaker Telena Nelson: Some of our agencies do that now, that the money that they have they don't spend it all that it doesn't go back to the general fund it stays within the agents for prior year obligations.

Dr. Judith Won Pat: Yes okay we're not talking about a lot of money.

Vice Speaker Telena Nelson: Yeah I understand. Okay speaker Dr. Won Pat, thank you for the recommendation. Is there anyone else that would like to give testimony for bill 106? Mrs. Blas please.

Amanda Blas: please see attached written testimony.

Vice Speaker Telena Nelson: So I guess we jumped in to 107 also, thank you very much. tDr. Won Pat on Bill 107?

Dr. Judith Won Pat: Thank you and I know we haven't spoken but I totally agree senators I want you to know is that we do want accountability that's really very important but it's not just accountability just for the charter schools I think this should be like a policy of the government. I've been hearing a lot of negative media out there attacking charter schools and unfortunately you know they're saying that there's no transparency we need accountability and I totally support that 100%. So I agree with Amanda, but in order to make that happen we need to strengthen than the council and the council can be that group then to hold all charges schools you know accountable that we're following the law so I totally agree with her on that. The question I have though for the four bill 107 is some section 6 now where it says and I'm glad that the amount the number of days went up from 90 days to a hundred and you know 80 days to be able to cure whatever the problem is and so but my question is and very similar to what we're going through


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is that all those within our control then I believe that yes the hundred and eighty days is more than sufficient matters outside of our hands that may take a year or two I have no control of that and the example give you would be of course they're withholding of accreditation for grade six to twelve the immediate cure was that then we took the secondary children back to the main campus that's an immediate cure however the long-term cure now that I have no control is the timeline that is set by the WASC team so that means I would go through the process of applying for affiliation and then having them come to visit and then we submit our reports we do the self-study and then they come out and visit that's their process I have no control of that timeframe and I don't want this to be I'm not sure what language you'll be able to use that but to apply here but you know it's it has to be reasonable those within that we can control the timeframe is more than sufficient.

Vice Speaker Telena Nelson: Thank You speaker.

Helen Nishihira: I good evening, thank you for giving us this time I'm also in support ofbill 106 and bill 107 however I'm in support of the six years only because of this. iLearn academy was able to obtain its accreditation within the five year but until the council is strengthened and supported iLeam is currently in the position of coming into the fifth year without a quorum to renew so I learned being this only charter school to receive accreditation is at risk of not being renewed because there is currently no quorum in the council so by allowing the six year that would give us another year to be able to work on getting that done. Other than anything else we're okay with bill 107 as is except for the fact that we feel that the council should be supported and strengthened I know there is a portion of the charter school law that says the certification office will serve as an administrative system but when you're talking about a group of people who are only receiving a stipend that's not really easy to work around so I think they need administrative support outside of the certification office.

Vice Speaker Telena Nelson: okay so just to answer some of the concerns before we move forward Mrs. Blas, DOE will be facilitating the funding appropriations for the charter schools we met with all the charter schools and we confirmed that they do have the capability to manage their own funds and disperse their funds accordingly. To address the council and how they're supported by the Guam certification office, we are looking to remove this piece and to allow the Guam Academy charter school council to have their own appropriation for their own full-time employee. There was a conflict of interest and also some issues with the law that could put some of the certificate certifying officers in conflict with acting on the council's behalf as far an administrative assistants so we're building that bill as well. We're doing some cleanup in that manner so thank you for bringing that up.

Anthony Sunga: Hafa Adai thank you again chairperson, for allowing us to speak today. My name is Anthony and I'm the board of trustees for SiFA Leaming Academy and I just like to sit here and stand in support of bill 106 and 107 in its intentions again. I also like to reiterate the importance of strengthening the council and then giving them more power and more resources to actually help the charter schools and manages so thank you again for having all of these working sessions with the charter schools and we appreciate that thank you.


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Vice Speaker Telena Nelson: thank you and please note that we have written two letters to our governor to ask them please appoint members to the council so we've been trying at least bi-weekly to get in touch and see where we are at with that. Vice Speaker asks Amanda Blas if she had a new appointee.

Amanda Blas: I did submit a name earlier this week and I also did ask for an update from the governor's legal office and I haven't received a response yet but I do know that our schools have some numerous names and I wanted to see at what point we're at with that and like I said I had I have interest in individuals coming my way and I send them directly to them as well.

Vice Speaker Telena Nelson: Alright, thank you so much madam chair. Attorney Terlaje, please state your name for the record.

Jacqueline Terlaje: Hafa Adai Senators. Jacqueline Terlaje, I'm an attorney and I represent Guahan Academy Charter School. I'm here today to testify in support ofbill 106-35 and to ask the legislature for kind consideration in certain provisions of 106-35. Generally speaking, Guahan Academy does in fact support 106-35 because it meets the original intention of the charter school law and that was to separate the charter schools completely from the Guam Department of Education and so what has happened over the years is as there's been some sort of integration in intertwinement in of the funding and the release of funding senators. You're very familiar with the problems that the charter schools are having with the release of the funding because you're intimately familiar with it because you've been working actively with the different charter schools but what we're proposing is in terms of your bill you have asked to modify the language of the statute so that it restricts the use of the funds to appropriated funds and we're very concerned as charter schools about this particular provision of the bill and this is found in Section 7, 12116 in reference to the word appropriated fund or appropriated budget and the reason why we're concerned about this is because this would restrict all charter schools to control their budgets only within the appropriated year so the impact that this kind of language would have on all our charter schools would we would be prohibited essentially by law from entering any contracts in excess of the appropriated year so for example I'll use something very basic because it's me, I'm a lawyer I entered into a contract with my client pursuant to a request for procurement and they asked that I submit a bid for a three-year term an initial one-year and a renewable term well if you restrict the charter schools to say they can only act within their appropriated budget essentially the law will then nullify their ability to meet the contract that they've entered into with me to provide them services. I don't believe that that was the intent of the the Senators when you put the bill together, but I wanted to bring that to your attention of the consequences of that type of language. What we want to do is to have the ability to enter contracts just like the original law intended if you look at the original charter law the intent was to create essentially an entity that can enter into legal obligations that can sue and be sued so that they act as an independent body of the Department of Education and of the government of Guam. It was never the intention of the charter school system that these entities would essentially become kind of a quasi governmental entity so by adding this particular language by saying appropriated that is the one area of the law that we're asking the Senators to strike. Essentially we are encouraging the senators to use the language of approved budget and the reason why that is, is because if you look at the Charter language the way that it works is that we are required to go


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to our council we ask the council to approve our budget based on our plan so not only does the council approve the plan for the school but they also approve our budget and so based on that approved budget we should be able to enter into certain obligations that would assist us in meeting that plan and so that's one of the restrictions. I think that was not contemplated. We're also asking this the Senators to consider the lifting and to repeal the provision that prevents us from using public funds for construction, rent reconstruction and improving the school. I as you know you're very familiar as well with this particular provision it's in Section D of the funding provision yet again and in that particular section we're asking you to strike that provision. Why? Because the law already protects government of Guam in the use of its funds. If the senators look specifically at the Charter School law if we decide to close down our school for whatever reason because we are not able to meet the charter school mission or because the council determines that we are not no longer qualified, for example, and our school closes down. Well under the provisions of Guam law already what happens is all of our assets go back to the government of Guam so to place this kind of restriction on us that tells us you can't construct you can't renovate you can't, basically prohibits any of the charter schools from making their campuses fit to suit accreditation and so this particular provision presents a huge impediment to our schools from expanding and moving forward. It impacts mostly GACS because Guahan Academy sits on government land now pursuant to a memorandum of understanding with the government of Guam so essentially if we cannot utilize any portion of our funding towards construction or towards renovation then we are perpetually gonna sit on government land. We don't want that we haven't envisioned that, in fact the plan that was approved by the council allows us to expand and we have expanded essentially we've acquired land in pursuit of having our own campus so that we can at least relieve the government of some of the obligations. I mean I hope the idea behind the charter schools to allow us to do that at some point and respectfully senators I think one of the other issues that perhaps can be addressed in terms of your intention to separate the Guam the charter schools from the Guam Department of Education is also to mandate that our Department of Administration follow a charter school fund that all the funds that you appropriate for the charter schools should go into a direct fund should not go into the Department of Education fund it should go specifically to charter and the reason why that is is because what has been happening in previous years is that the legislature imposed an obligation on the Department of Education to verify invoices and in certain cases the Department of Education has non-validated certain invoices and as a result the charter schools were not allowed to receive their allotment for whatever reason the non-validation occurred whether it was a procurement dispute whether they thought that they shouldn't have entered into the contract whether or not they thought the contract was bad it didn't need certain term irrespective of the reasons in the end the end result what the charter school did not get the funds that the legislature ordered that the legislature approved in the end what happens is for example in the GACS situation we had two million dollars of appropriation that was never validated and an in essence it never came to GACS even though it was approved by the legislature and in the end it ended up in the coffers of the Department of Education and at the end of the fiscal year the Department of Education was free to appropriate those funds for another purpose again I don't believe that was the intention of the Senators when you approve the budget for the charter schools and I think that by separating the charter schools into their own fund that is purely administered by the Department of Education also meets the intention of the Senate in passing the charter school law so that the charter schools get the benefit of the fund that was agreed upon. The last thing I wanted to offer to the Senators


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with respect to this bill in terms of the separation is also the audit provision. If you look at the specific provisions of the charter school law there's only really one reference to the public auditor. There are other laws that say if you receive X amount of money of government funds you're subject to an audit in the charter school law. Tt's very unclear to what extent the public auditor has Authority and so in this particular instance we are also offering into the Senate consideration that if you are going to also separate the Department of Education you should also clarify the role of the public auditor that the public auditors role should be that to audit charter schools and if that's your intention if that's the policy behind these bills in transparency that really you should clarify the powers of the public auditor. I have provided to your office proposed language for that so that language is also consistent with current law as it relates to the public auditor. In fact I have the language of it now and it says for the sole purpose of permitting audits as set forth in 12 GCA 12107(n)(8) that's the charter school provisions, the public auditor shall audit charter schools who receive public funds in excess of five million annually. The public auditor is authorized to supervise audits or at the public auditors discretion exercise the authority to make the selection of the auditing firm or organization and the scope of the audit the audits are to be at the cost of the charter schools which said costs may be included in its annual budget and that this particular language that we are proposing for your consideration also encourages absolute transparency. If the Senate and the intention of the original provision of GDOE's verification or validation was the intention of this Senate then this particular provision allows the public auditor to have full scope of audit just like any autonomous agency which allows the public auditor to give the kind of transparency I think that the Senators would prefer and so if we have the public auditor fully auditing charter schools the same way then what happens is that if you establish a charter school fund what happens is that the Department of Administration has more ability to freely release the allotments without these disputes between the Department of Education and the charter schools I think what you have here is a very good bill with good intentions. I think that as perhaps considering some of the issues that the charter schools have had in recent months perhaps that some of the recommendations that we are making would help you solve those problems for us. I thank you for your time.

Vice Speaker Telena Nelson: Thank you Attorney Terlaje, so we are looking into the roles and responsibilities of the OPA in reference to how it will audit the charter schools we know that was a big contention contention last one of our last hearings so we're seeing what we can do to that and of course you know to be fair and equitable across the board for all agencies as well. Is there anyone that would like to give additional testimony? If not, I'd like to thank all of you for being here today and for contributing your time to helping us do a better job at our job. It's very important that we get the community's input so I thank you very much for being here and we will work on the recommendations that has been given to us and if there are any challenges or issues or something that we feel that perhaps we can come to a compromise and then we will give everyone a call in produce a new bill and push it forward in the next upcoming session so that we can fix this as soon as possible. We have exhausted everything on our agenda today the time is now 6:03 p.m. thank you very much for all of your time have a good evening and god bless.


CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENTAI SINGKO NA LIHESLATURAN GUAHAN I 35th GUAM LEGISLATURE

The public hearing was adjourned at 6:03 PM.

III. FINDINGS & RECOMMENDATIONS

§ 12103(g) was amended to remove the President of UOG and GCC on the appeals board. § 12107(z) was amended to add the duties of the Public Auditor. §12116(d) and (g) was amended relative to the use of appropriated funds.

The Committee on Education, Air Transportation and Statistics, Research and Planning hereby reports out Bill No. 106-35 (LS) As amended by the Committee "AN ACT TO AMEND§§ 12107(f)(n), 12111(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO ADD §12107(z) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO AUTHORIZING THE PUBLIC AUDITOR TO SUPERVISE AUDITS OR MAKE THE SELECTION OF THE AUDITING FIRM OR ORGANIZATION; TO AMEND §§ 12103(g), 12108(a), 12111(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD §§ 12111(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND §§ 12106(a) AND §§12116(1) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO PRIOR YEAR OBLIGATIONS AND REMAINING

APPROPRIATED FUNDS.", with the recommendation 1P ~~eo~fOlA<f ON'\lf


Tel: (671) 989-7696 I Email: senatortcnelson @ guamlegislature.org

I MINA 'TRENTAI SINGKO NA LIHESLATURAN GUAHAN 2019 (FIRST) Regular Session

ll.c;\ Bill No. ~5 ~)

Introduced by: Telena Cruz Nelson Joe S. San Agustin

Amanda L. Shelto Jam~s C. Moylan

AN ACT TO AMEND §§ 12107(f)(n), 121ll(a)(b)(d), 12116(b)(c)(e)' OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO AMEND§§ 12103(g), 12108(a), 12lll(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISIDNG STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ·ADD §§ 12lll(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR· THE CHARTER SCHOOL COUNCIL; TO AMEND§§ 12106(a)·AND §§12116(f) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO REGULATING CHARTER SCHOOL APPROPRIAlfION SUBSEQUENT TO THE REVOCATION OF AN ACADEMY CHARTER SCHOOL'S CHARTER.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent.

1

1 I Liheslaturan Guahan finds that the Guam Academy Charter School Act of

2 2009 was established by Public Law 29-140 resulting in the establishment of three

3 charter schools: Guahan Academy Charter School. iLearn Academy Charter

4 School, and Science is Fun and Awesome Academy Charter School. I Liheslatura

s also finds that Public Law 34-116 limits each institution at seven hundred forty

6 (740), six hundred twenty (620), three hundred fifty (350) enrollees, respectively.

7 I Liheslatura finds that in the establishment of the Guam Academy Charter

s School Act of 2009, § 12120 of Chapter 12, Title 17, Guam Code Annotated, all

g provisions of the Act were to expire on July 1, 2018; however, §12120 was

10 repealed by Public Law 30-176, removing the expiration date of the provisions of

11 the Guam Academy Charter School Act.

12 I Liheslatura finds that§§ 12103(g), 12107(f) and (n), 1211 l(a)(5),(b),(d),

13 §12116(b),(c), all of Chapter 12, Title 17, Guam Code Annotated enumerates the

14 roles of the Superintendent of Education and the Guam Education Board, both of

1s the Guam Department of Education.

16 I Liheslatura finds that since the Guam Academy Charter School Act of

11 2009 is no longer subject to expiration, there must exist a budgetary and

18 organizational process independent of that of the Guam Department of Education.

19 Thus, it is the intent of I Liheslaturan Guahan t separate the Guam Academy

20 Charter School's budgetary and organizational process from that of the Guam

21 Department of Education.

22 Section 2. §12103(g) of Chapter 12, Title 17, Guam Code Annotated, is

23 amended to read:

24 § 12103. Definitions.

2s (g) Appeals Board means the ad hoc Appeals Board composed of the Public

26 Auditor, the Attorney General, the President of the Guam Community College, the

2

1 President of the University of Guam, and the Superinteadent of the Guam

2 Department of EduoatioR one ( 1) member appointed by and to serve at the pleasure

3 of I Maga 'hagan Guahan, or their respective designees.

4 Section 3. §12106(a) of Chapter 12, Title 17, Guam Code Annotated, is

s amended to read:

6 § 12106. Process for Approving or Denying Charter School Petitions.

7 (a) Schedule. An eligible applicant seeking to establish an Academy

s Charter School shall submit a petition pursuant to § 12105 of this Chapter to

9 the Council no later than the first Monday of August July. However, it is

10 recommended that an eligible applicant consult with the Council prior to

11 submitting the petition. All petitions submitted no later than the first

12 Monday in f...ugust July shall be for the following school year. The deadline

13 to submit a petition to establish a non-converted public school into an

14 Academy Charter School or convert a public elementary school into an

1s Academy Charter School for the School Year 2010-2011 shall be March 8,

16 2010.

17 Section 4. §12107(f) and (n) of Chapter 12, Title 17, Guam Code

1s Annotated, is amended to read:

19 § 12107. Duties and Powers, and other Requirements, of Charter

20 Schools.

3

1 ( f) An Academy Charter School shall exercise control over its expenditures

2 subject to Chapter 5, Title 5, Guam Code Annotated, and over administration,

3 personnel, and instructional methods independent of the Guam Department of

4 Education, within the limitations imposed in this Chapter.

s (n) An Academy Charter School shall submit an annual report no later than

6 thirty (30) days after the end of the fiscal year to the Council, the Superintendent of

7 · Education, the Guam Education Board, I Liheslaturan Guahan and I Maga 'lahen

s Guahan. The Academy Charter School shall permit the public to review any such

9 report upon request. A report shall include the following data:


11 amended to read:

12 § 12108. Board of Trustees of a Charter School.

13 (a) There is established the Board of Trustees. The Trustees of an Academy

14 Charter School shall be elected or selected pursuant to the Charter granted to the

1s Academy Charter School. The Board of Trustees shall consist of not less than five

16 (5) members and not more than nine (9) members. At least one (1) member shall

17 be parent or guardian of a student attending the Academy Charter School. At least

1s one ( 1) member shall be from the general public with an accounting or finance

19 background. The Principal of the Academy Charter School shall be a non-voting

20 member. Employees of any Academy Charter School shall not serve as voting

21 members on any Board of Trustees.

4

1 Section 6. §1211 l(a), (b), (d), (g) and (h) of Chapter 12, Title 17, Guam

2 Code Annotated, is amended to read:

3 § 12111. Guam Academy Charter Schools Council; Membership;

4 Terms; Compensation.

s (a) There is established the Guam Academy Charter Schools Council. The

6 Council shall consist of eight seven (&1) voting members, and shall include:

7 ( 1) one ( 1) retired teacher;

s (2) one (1) retired school administrator;

9 (3) two (2) members with accounting or finance background;

10 (4) three (3) members from the general public; and

11 (5) the Superinteadent of Edueatioa.

12 (b) With the e:Keeptioa of the Superinteadeat of Edueatioa, Mmembers shall

13 be appointed by I Maga 'lahen Guahan, subject to confirmation by I Liheslatura.

14 With the e~E:eeptioa of the Superiateadeat of Edueatioa, mMembers shall serve a

1s term of three (3) years.

16 ( d) Members of the Council shall be paid Fifty Dollars ($50) per meeting,

11 not to exceed One Hundred Fifty Dollars ($150) per month. The Superiateadeat of

1s Edueatioa shall aot be eompeasated for his/her serviee as a member of the Couneil.

19 (g) Four ( 4) members constitute a quorum.

20 (h) no member of the council shall be an employee of the Guam Academy

21 Charter School, to include any member sitting on the Board of Trustees.

5

1 Section 7. §12116(b), (c), (e), {f), and (g) of Chapter 12, Title 17, Guam


3 § 12116. Funding.

4 (b) The Council shall submit, on a timely basis as required by the Board, the

s budgets of Academy Charter Schools and their respective enrollment data, to

6 include the origin of each student, to the Superintendent of Edueation. The

7 SupeFintendent of Edueation shall submit the budgets to the Board for submission

a to I Liheslatura by June 15th as part of the Department of Edueation Fiseal Year

9 Budget of each year.

10 ( c) Follovling the appropriation of the Department of Edueation's operating

11 budget for the fiscal year, t The amount approved by I Liheslatura for the operation

12 of each Academy Charter School shall be available for expenditure by the Trustees

13 of such Charter School for any lawful purpose!. without further approval by the

14 Superintendent of Edueation or the Board. In no case shall an Academy Charter

1s School expend or incur obligations in excess of its appropriated budget request;

16 provided, however, that a Academy Charter School shall be authorized to spend

11 federal grants and other funds received independent of the Department of

18 Edueation not accounted for in said Charter School's appropriated budget request

19 \Vithout prior approval from the Superintendent of Edueation or the Board.

20 ( e) Academy Charter Schools shall be funded as follows: the Charter School

21 shall receive a tuition amount from the General Fund equal to the number of

6

1 students enrolled at the Charter School for the upcoming school year, multiplied by

2 the per pupil cast. The Department of Administration is hereby authorized and

3 directed to deduot deposit said Charter School tuition appropriated amount from

4 the ffital General Fund appropriation to the Guam Academy Charter School Fund.

s Department of Education. Specific to the Charter, any reimbursement for special

6 education or bilingual education costs between the Department of Education and

7 the :f ... cademy Charter School shall follow such formula and mechanisms adopted in

s the 2A.a:cademy's Charter.

g ( f) A public school that converts into an Academy Charter School shall

10 retain the identical school budget appropriated prior to its conversion to the

11 follov.ing school year until the end of the fiscal year.

12 (g) All remaining funds appropriated to the Charter School at the end of the

13 fiscal year shall be reverted back to the general fund.

14 Section 8. Effective Date. This act shall be effective on October 1, 2019.

7

I MINA 'TRENTAI SINGKO NA LIHESLATURAN GUAHAN 2019 (FIRST) Regular Session

Bill No. 106-35 (LS) As Amended by the Committee Education, Air Transportation, and Statistics, Research and Planning.

Introduced by: Telena Cruz Nelson Joe S. San Agustin

Amanda L. Shelton James C. Moylan

AN ACT TO AMEND §§ 12107(f)(n), 12111(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO ADD §12107(z) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO AUTHORIZING THE PUBLIC AUDITOR TO SUPERVISE AUDITS; TO AMEND §§ 12103(g), 12108(a), 12111(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD §§ 12111(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND §§ 12106(a) AND §§12116(f) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO PRIOR YEAR OBLIGATIONS AND REMAINING APPROPRIATED FUNDS.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

1

1 Section 1. Legislative Findings and Intent.

2 I Lihes laturan Guahan finds that the Guam Academy Charter School Act of

3 2009 was established by Public Law 29-140 resulting in the establishment of three

4 charter schools: Guahan Academy Charter School. iLeam Academy Charter

5 School, and Science is Fun and Awesome Academy Charter School. I Liheslatura

6 also finds that Public Law 34-116 limits each institution at seven hundred forty

7 (740), six hundred twenty (620), three hundred fifty (350) enrollees, respectively.

8 I Liheslatura finds that in the establishment of the Guam Academy Charter

9 School Act of 2009, § 12120 of Chapter 12, Title 17, Guam Code Annotated, all

10 provisions of the Act were to expire on July 1, 2018; however, §12120 was

11 repealed by Public Law 30-176, removing the expiration date of the provisions of

12 the Guam Academy Charter School Act.

13 I Liheslatura finds that§§ 12103(g), 12107(±) and (n), 121ll(a)(5),(b),(d),

14 §12116(b),(c), all of Chapter 12, Title 17, Guam Code Annotated enumerates the

15 roles of the Superintendent of Education and the Guam Education Board, both of

16 the Guam Department of Education.

17 I Liheslatura finds that since the Guam Academy Charter School Act of

18 2009 is no longer subject to expiration, there must exist a budgetary and

19 organizational process independent of that of the Guam Department of Education.

20 Thus, it is the intent of I Liheslaturan Guahan to separate the Guam

21 Academy Charter School's budgetary and organizational process from that of the

22 Guam Department of Education.

23 Section 2. §12103(g) of Chapter 12, Title 17, Guam Code Annotated, is

24 amended to read:

25 § 12103. Definitions.

2

1 (g) Appeals Board means the ad hoc Appeals Board composed of the Public

2 Auditor, the Attorney General, the director of the Department of Administration,

3 the director of the Department of Revenue and Taxation, the President of the Guam

4 Community College, the President of the University of Guam, and the

s Superintendent of the Guam Department of Education or their respective

6 designees, and one (I) member of the general public appointed by and to serve at

7 the pleasure of I Maga 'hagan Guahan, with a bachelors degree or higher and a

8 background in the education field for a minimum of fifteen (15) years.


10 amended to read:

11 § 12106. Process for Approving or Denying Charter School Petitions.

12 (a) Schedule. An eligible applicant seeking to establish an Academy

13 Charter School shall submit a petition pursuant to § 12105 of this Chapter to

14 the Council no later than the first Monday of August July. However, it is

1s recommended that an eligible applicant consult with the Council prior to

16 submitting the petition. All petitions submitted no later than the first

17 Monday in l\ugust July shall be for the following school year. The deadline

18 to submit a petition to establish a non-converted public school into an

19 Academy Charter School or convert a public elementary school into an

20 Academy Charter School for the School Year 2010-2011 shall be March 8,

21 2010.

3

1 Section 4. §12107(£), (n), (n)(8), (z) of Chapter 12, Title 17, Guam Code

2 Annotated, is amended to read:

3 § 12107. Duties and Powers, and other Requirements, of Charter

4 Schools.

s ( f) An Academy Charter School shall exercise control over its expenditures

6 subject to Chapter 5, Title 5, Guam Code Annotated, and over administration,

7 personnel, and instructional methods independent of the Guam Department of

8 Education, within the limitations imposed in this Chapter.

g (n) An Academy Charter School shall submit an annual report no later than

10 thirty (30) days after the end of the fiscal year to the Council, the Superintendent of

11 Education, the Guam Education Board, I Liheslaturan Guahan and I Maga 'lahen

12 Guahan. The Academy Charter School shall permit the public to review any such

13 report upon request. A report shall include the following data:

14 (8) annual financial audit and subsequent fiscal year annual

1s financial audits, a financial statement audited by the Public Auditort, subject

16 to section (z).

17 (z) The Public Auditor is authorized to supervise audits, or at the Public

18 Auditor's discretion, exercise the authority to make the selection of the auditing

19 firm or organization, and the scope of audit; the audits are to be at the cost of the

20 charter schools, which said costs may be included in its annual budget.

4


2 amended to read:

3 § 12108. Board of Trustees of a Charter School.

4 (a) There is established the Board of Trustees. The Trustees of an Academy

s Charter School shall be elected or selected pursuant to the Charter granted to the

6 Academy Charter School. The Board of Trustees shall consist of not less than five

7 (5) members and not more than nine (9) members. At least one (1) member shall

8 be parent or guardian of a student attending the Academy Charter School. At least

9 one ( 1) member shall be from the general public with an accounting or finance

10 background. The Principal of the Academy Charter School shall be a non-voting

11 member. Employees of any Academy Charter School shall not serve as voting

12 members on any Board of Trustees.

13 Section 6. §1211 l(a), (b), (d), (g) and (h) of Chapter 12, Title 17, Guam


15 § 12111. Guam Academy Charter Schools Council; Membership;

16 Terms; Compensation.

17 (a) There is established the Guam Academy Charter Schools Council. The

18 Council shall consist of eight seven (&1) voting members, and shall include:

19 ( 1) one ( 1) retired teacher;

20 (2) one (1) retired school administrator;

21 (3) two (2) members with accounting or finance background;

5

1 ( 4) three (3) members from the general public; and

2 (5) the Superintendent of Education.

3 (b) With the e)rneption of the Superintendent of Education, Mm:embers shall

4 be appointed by I Maga 'lahen Guahan, subject to confirmation by I Liheslatura.

s With the e)rneption of the Superintendent of Education, mMembers shall serve a

6 term of three (3) years.

7 ( d) Members of the Council shall be paid Fifty Dollars ($50) per meeting,

8 not to exceed One Hundred Fifty Dollars ($150) per month. The Superintendent of

9 Education shall not be compensated for his/her service as a member of the Council.

10 (g) Four (4) members constitute a quorum.

11 (h) no member of the council shall be an employee of the Guam Academy

12 Charter School, to include any member sitting on the Board of Trustees.

13 Section 7. §12116(b), (c), (e), (f), and (g) of Chapter 12, Title 17, Guam


1s § 12116. Funding.

16 (b) The Council shall submit, on a timely basis as required by the Board, the

17 budgets of Academy Charter Schools and their respective enrollment data, to

18 include the origin of each student, to the Superintendent of Education. The

19 Superintendent of Education shall submit the budgets to the Board for submission

20 to I Liheslatura by June 15th as part of the Department of Education Fiscal Year

21 Budget of each year.

6

1 ( c) Following the appropriation of the Department of Education's operating

2 budget for the fiscal year, t The amount approved by I Liheslatura for the operation

3 of each Academy Charter School shall be available for expenditure by the Trustees

4 of such Charter School for any lawful purpose_!_ without further approval by the

s Superintendent of Education or the Board. In no case shall an Academy Charter

6 School expend or incur obligations in excess of its approved budget request;

7 provided, however, that a Academy Charter School shall be authorized to spend

s federal grants and other funds received independent of the Department of

9 Education not accounted for in said Charter School's approved budget request

10 vlithout prior approval from the Superintendent of Education or the Board. The

11 Government of Guam will not subsidize any indebtedness accrued by the Charter

12 Schools ifthe approved budget by the Charter School's Board of Trustees exceeds

13 appropriation amount set forth by the Legislature.

14 ( d) Notwithstanding any other provision of this Chapter, no capital

1s improvement funds shall be awarded to a non-converted public school for the

16 purpose of constructing, reconstructing or improving said school, with the

17 exception of constructing temporary structures that can be removed and reverted

18 back to the government of Guam.

19 ( e) Academy Charter Schools shall be funded as follows: the Charter School

20 shall receive a tuition amount from the General Fund equal to the number of

7

1 students enrolled at the Charter School for the upcoming school year, multiplied by

2 the per pupil cast. The Department of Administration is hereby authorized and

3 directed to deduct deposit said Charter School tuition approved amount from the

4 tetal General Fund appropriation to the Guam Academy Charter School Fund.

s Department of Education. Specific to the Charter, any reimbursement for special

6 education or bilingual education costs betvteen the Department of Education and

7 the A.cademy Charter School shall follow such formula and mechanisms adopted in

8 the Aca-demy' s Charter.

9 (f) A public school that converts into an Academy Charter School shall

10 retain the identical school budget appropriated prior to its conversion to the

11 following school year until the end of the fiscal year.

12 (g) All remaining funds appropriated to the Charter School at the end of the

13 fiscal year may be used to pay prior year obligations.

14 Section 8. Effective Date. This act shall be effective on October 1, 2019.

8

Senator Ama nda L. Shelton, Vice Chairperson

Speaker Tina Rose Muna Barnes, Member

Vice Speaker Te lena Cruz Nelson, Member • COMMITTEE ON RU LES Sena tor Kelly Marsh (Taitano), Ph.D., Member SENATOR REGINE BISCOE LEE, CHAIR Senator Sabina Flores Perez Member

Senator Clynton E. Ridgell Member

I MINA 'TRENTAI S/NGKO NA LIHESLATURAN GUAHAN 35TH GUAM LEGISLATURE

May 23, 2019

MEMO To:

From:

Re:

Rennae Meno Clerk of the Legislature

Senator Regine Biscoe Lee Chairperson, Committee on Ru les

Fiscal Notes

Buenos yon Hafa adai.

Attached, please find the fiscal note for the following bills:

Bill No. 100-35 (COR) Bill No. 106-35 (LS)

Senator Joe S. San Agustin, Member

Senator Jose "Pedo" Terlaje, Member

Senator Therese M. Terlaje, Member

Senator James C. Moylan, Member

Senator Mary Camacho Torres, Memberand

Chair, Subcommittee on Protocol

Please forward the same to Management Information Services (MIS) for posting on our website .

For any questions or concerns, please feel free to contact Mary Maravilla, Committee on Rules Director at 472-2461 .

Thank you for your attention to this important matter .

l r-

..i.J

-f:m.Ji~a.------G UAM CO N G R ESS 13UILD IN G • 163 C HA LAN SAN TO PAPA • HAG AT NA, GUAM 969 10

Tele pho ne: (671) 47 2-2461 • Ema i l add n: ss: co rgu a mleg islaru re@g mail. co m

Bureau of Budget & Management Research Fiscal Note or Bill No. 106-35 (LS)

AN ACT TO AMEND §§ l2107(f)(n), I2111(u)(b)(d), 12116(b)(c)(c) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING TO THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO AMEND H 12103(g), 12J08(u), 1211 l(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD §§ 1211 l(g) and (h) OF CHAPTER 12, TITLE 17, GUAM COE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND H J2I06{o) AND §§12116(0 OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTARl.ISHING OEADLINF.S; TO ADD §§ 12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO REGULATL"IG CHARTER SCHOOL APPROPRIATION SUBSEQUENT TO THE REVOCATION OF AN ACADEMY CHARTER SCHOOL'S CHARTER.

O,,partmtnl/Agency Appropriation lnformallon

DcplJAgency Affected: Guam Deputmcnt or Education (GDOE) locptJAgcncy Hrad: Jon r. Fernandez. Supcrintcndcot

Department's Genoral Fund (GF) appropri11tlon(<) to dale:

Deportment'• Oth<r fund (Spedfy) approprh11fon(s) to date: Territorial Educatlonul Fnrilitlcs Fund ($13,797,608); Public School Uhrnry Resources Fund ($978,236); Healthy Futures fund ($891,754); School Lunrh/Chlld Nutritional Meal Rcimbursemenl Fund ($12,504,000); Umltrd Gnmlng Fund ($52",913)

Fund Source lnformnllon or Proposed Appropriation

Genel'lll Fund:

FY 2018 Unres•n·ed f'und B:ilnnrc

F\' 2019 Adopted Rewnues so FY 2019 Appro. {r.IH .H·l 16 thru l so

Sub-tolnl: $0

lcss approprhllion In Bill so

Totnl: so

utlmated Fiscal lmpa<I or Bill

One Full for Remlllndrr or

Fiscal \'cor FY2019 f'Y 2010

or applicable)

General Fund SIO,.il0.~80 Sli,037,789 $ 10,.110,.180

~womAcadtm)' Clurltr School Funt! so $0 so

Total II ~Jn.j!ft ~Rn 56 037 7RIJ 510 4104110

I. Does the bill contain "re.-.nuc gene111tlng" protislons? If Y cs, sec attachment l. ls umounl approprfatrd ndtquale to fund the Intent of the npproprialion?

If no, "'hat Is the additional llmounl rrqulnd? $ __ _

J . Dlld the BUI cslnblish " new prognim/ogtncy? Jr yes, will the program duplicate rxisllng programs/agencies? ls there " rcde111l 1TI11ndale lo establish the programlogcnry'!

.I, Wiii the enactment of this Bill reljuirr new physlcol fucllilics?

F\' lOll

SIU,410,-180

$0

~10.i10 . .1llO

I XI NIA IX I NIA

11 NIA

5. Was flscal Note coordinated wllh the arfecled dept/agency? Ir no, indiculc reason:

(Sttcciry Special fund):

$0

so $0

$0

so

$0

F\' 2022

s10 •. uo,480

so SJ0..110 -180

Yes

\'es

Yes y,,. Yes Yes Yes

I I Rrqucsled agency commrnts not rrtth'ro by due dal• I X I Other: Time ronslralnts

footnote$:

201,672..jJO

2!!,696~11

$230.368. 94 I

Tol11I:

$C

SC

SC

$0

SC

so

FY 2023

SI0,410.-180

so 510 ·H04RO

IX I No

11 No

!XI Nu /XI No /X/ No !Xf No IXf No

1f ReOtcls F\'2019 General Fund 11pprDf1riatlon lo GDOE fur Guam Acodcmy Churter Schools, FY2020 Requested Gcnerul Fund level ' :and estimated al sl11tus quo level rar substqurnt fiscal years. See 11Uached comment•.

COMMENTS ON BILL NO. 106-35 (LS)

Bill 106-35 intends to amend various sections of Chapter 12, Title 17, Guam Code Annotated affecting the establishment of the Guam Charter School Act of 2009 and the funding of the current three (3) Charter Schools: the Guahan Academy Charter School, iLearn Academy Charter School, and Science is Fun and Awesome Academy Charter School.

The following proposed amendments to: § 12013(g) relative to the definition of the Appeals Board composition; § 12106(a) relative to the submission date of the process for approving or denying Charter School petitions; §12107(0 and (n) relative to the duties and powers, and other requirements of Charter Schools; § 121 OS( a) relative to the Board of Trustees of a Charter School; and §1211 l(a), (b), (d), (g) and (h) relative to Guam Academy Charter Schools Council's membership, terms, compensation; are all administrative in nature and poses no additional impact to the current FY2019 appropriations.

The other proposed amendments to§ 12116(b), (c), (e), (t) and (g) are relative to the funding of the Academy Charter Schools and are intended to separate its budgetary and organizational process from that of the Guam Department of Education (GDOE). As such, the Guam Academy Charter School Council will no longer submit the budgets of the Academy Charter Schools to the Superintendent of Education for submission to the Guam Education Board and then to I liheslaturan Guiihan, but instead submit the budgets directly to I liheslatura by June 151h of each year. The Department of Administration is authorized and directed to deposit the Charter School appropriated amount from the General Fund appropriation to the Guam Academy Charter School Fund. In addition, as also proposed, all remaining funds appropriated to the Charter School at the end of the fiscal year shall be reverted back to the General Fund.

For Fiscal Year 2019, the Guam Academy Charter Schools are anticipated to receive a total allocation of $10,410,480 from the total General Fund appropriation to GDOE in Section 1 of Part I of Chapter II of P .L. 34-1 I 6 and are computed as follows:

Guahan Academy Charter School - $6,088 x 740 students= $4,505,120 iLearn Academy Charter School - $6088 x 620 students= $3,774,560 Science is Fun and Awesome Academy Charter School - $6,088 x 350 students = $2,130,800 Total for 3 Guam Academy Charter Schools = $ l 0,410,480

It should be noted that the FY2020 Executive Budget Request provides funding to the Guam Charter Schools at a status quo funding level of $10,410,480 under the GDOE's General Fund allocation for FY2020. If Bill I 06-35 is enacted, the funding will then be re-directed from GDOE and appropriated from the General Fund to the Guam Academy Charter School Fund for the operational budgets of the 3 existing Charter Schools.


CHAIRPERSON OF THE COMMITTEE ON EDUCATION, AIR TRANSPORTATION, AND STATISTICS, RESEARCH, AND PLANNING I MINA 'TRENT AI SING KO NA LIHESLATURAN GUAHAN I 35th GUAM LEGISLATURE

COMMITTEE VOTE SHEET

Bill No. 106-35 (LS) As amended by the Committee - "AN ACT TO AMEND§§ 12107(f)(n), 12111(a)(b)(d), 12116(b)(c)(e) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO REMOVING THE DUTIES OF THE SUPERINTENDENT OF EDUCATION AND THE GUAM EDUCATION BOARD; TO ADD §12107(z) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO AUTHORIZING THE PUBLIC AUDITOR TO SUPERVISE AUDITS OR MAKE THE SELECTION OF THE AUDITING FIRM OR ORGANIZATION; TO AMEND§§ 12103(g), 12108(a), 12111(a) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING STANDARDS FOR THE GUAM ACADEMY CHARTER SCHOOL COUNCIL, BOARD OF TRUSTEES AND APPEALS BOARD; TO ADD§§ 12111(g) AND (h) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING RULES FOR THE CHARTER SCHOOL COUNCIL; TO AMEND§§ 12106(a) AND §§12116(1) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO ESTABLISHING DEADLINES; TO ADD §§12116(g) OF CHAPTER 12, TITLE 17, GUAM CODE ANNOTATED RELATIVE TO PRIOR YEAR OBLIGATIONS AND REMAINING APPROPRIATED FUNDS."

Vice Speaker Telena C. Nelson Chairperson

Senator Therese M. Terlaje Vice Chairperson

Senator Amanda L. Shelton Vice Chairperson of Education

Senator Tina Rose Muna Barnes Member

Senator Sabina Flores Perez Member

S@afurC~nfunRllid~ll

Member

Senator Mary Camacho Torres Member

SIGNATURE TODO PASS

TO NOT PASS

TO REPORT

OUT ONLY

TO ABSTAIN



TO PLACE IN

INACTIVE FILE

i mina'trentai singko na liheslaturan guåhan bill status on bill...i mina’trentai singko na...

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