Public Law No. 26-26

BE IT ENACTED BY THE PEOPLE OF GUAM:

Section 1. Legislative Findings and Intent. I Liheslaturan Guåhan finds that enactment of I Eskuela-ta Reform Act (Public Law Numbers 24-142 and 24-299) was made possible largely through broad-based community support, including the Guam Parent Teacher Organization Congress, the Guam Federation of Teachers, former Directors of the Department of Education (“DOE”), educators, business people and private citizens. Its goals were noble and included:

(a) decentralization of DOE into four (4) manageable school districts, each with its own policymaking board elected by the residents of each district;

(b) direction of budget resources to the schools with strict limits upon administrative overhead expenses;

(d) increased parental involvement in their children's education; and

(e) a mechanism that required schools to work towards greater autonomy through school-based management.

I Liheslaturan Guåhan further finds that the only issue that led to the Superior Court Ruling that declared I Eskuela-ta Reform Act as Unconstitutional was a shortage of schools in certain school districts. Such shortages required certain students to attend schools outside of the school districts in which their parents voted.

Since the public support for greater community involvement with limited political involvement is as strong today as it was when I Eskuela-ta Reform Act was passed, it is the intent of I Liheslaturan Guåhan to achieve the same goals that give all Guam residents a direct choice in educational leadership.

Section 2. Chapter 3A of Division 2 of Title 17 of the Guam Code Annotated is hereby repealed.

Section 3. Chapters 3, 5, 6 and 7 of Division 2 of Title 17 of the Guam Code Annotated are hereby repealed and reenacted to read as follows:

“CHAPTER 3.

GUAM PUBLIC SCHOOL SYSTEM.

Article 1. Education Leadership.

Section 3101. Department of Education. There is in the government of Guam a Department of Education (‘Department’).

Section 3102. Administration of the Department of Education and Education Policy. The Department of Education shall be administered by the Superintendent of Education. The Guam Education Policy Board (‘Board’) shall develop and adopt system-wide education policies as specified by § 3112 of this Chapter. The Superintendent of Education shall be responsible for implementing the policies of the Board.

Section 3103. Superintendent of Education. The Superintendent of Education (‘Superintendent’) shall be the Chief Executive Officer of the Department of Education. The Superintendent shall be appointed by the Board. Notwithstanding any other provision of law, the employment of the Superintendent shall be by contract for a term of three (3) years, which contract shall contain a provision that the Superintendent’s employment may only be terminated for cause.

In the case of temporary absence of the Superintendent, the Board Chairperson may appoint among any of the Associate Superintendents, or their equivalents, as an acting Superintendent. In the event of the termination, resignation, incapacitation or death of the Superintendent, the Board shall, within sixty (60) days, appoint a replacement. The Superintendent shall:

(a) administer to the day-to-day activities of the Department of Education;

(b) enforce and implement the education policies of the Board and rules and regulations of the Department;

(d) serve as the Department's approving authority for the expenditure of funds;

(f) serve as the appointing authority for all personnel employed by the Department;

(g) be the Executive Secretary of the Board in an ex-officio, non-voting capacity;

(h) shall submit to the Board, I Maga’lahen Guåhan and I Liheslaturan Guåhan no later than thirty (30) days following the end of the fiscal year, a detailed ‘Annual State of Public Education Report,’ which shall discuss the public educational issues on Guam, and other subjects the Superintendent may deem appropriate (The Superintendent shall also submit such fiscal, instructional, academic progress and other information as may be required by the Board to reflect the quality of public education.);

(i) develop and present to the People of Guam, the Board, I Maga’lahen Guåhan and I Liheslaturan Guåhan a ‘School Performance Report Card’ of each school (It shall be given in conjunction with the Annual Report.);

(j) to perform other duties as may be required by public law;

(k) to advise the Board on the current operations and status of the public schools and on other educational matters;

(l) to supply the Board with such information as it may require and prepare the Board to make recommendations to I Maga’lahen Guåhan and I Liheslaturan Guåhan for changes, additions or deletions to public law; and

(m) report to I Liheslaturan Guåhan any potential or alleged violation of § 3112(b).

The Board, subject to availability of funds, may hire a Deputy Superintendent if it determines such position is necessary for the efficient operation of the Department.

Section 3104. Minimum Qualifications for Superintendent of Education. The Civil Service Commission shall, within thirty (30) days of enactment of this Section, submit to I Liheslaturan Guåhan, a report with the recommendations for minimum qualifications for the Superintendent of Education, which shall include: (1) a list of suggested minimum qualifications and (2) comparative qualifications of similar jobs elsewhere in the United States. In the event that the Civil Service Commission determines that it needs additional time, the Speaker of I Liheslaturan Guåhan may grant an extension of an additional thirty (30) days for the Civil Service Commission to report back to I Liheslaturan Guåhan for its approval on the qualifications for the Superintendent of Education.

In the event the Board decides to hire a Deputy Superintendent, the minimum qualifications for the position of Deputy Superintendent shall be identical to those of the Superintendent of Education.

Section 3105. Collection of Data and Production of School Performance Reports by Superintendent; Criteria for Grading Schools.

(a) The Superintendent shall collect data and produce annual school performance reports containing information on student performance, student behavior and school characteristics.

(b) (1) In consultation with representatives of parents, teachers and school administrators, the Board shall adopt, by rule, criteria for grading schools. Such criteria shall take into account both overall performance and improvement in performance. A five (5) member evaluation team shall be appointed by the Board to assess every school. The Board shall appoint one (1) member from each of the four (4) school board election districts, and the fifth member shall be appointed from the Island-wide Parent Teacher Organization. The grades shall include classifications for exceptional performance, strong performance, satisfactory performance, low performance and unacceptable performance.

(2) The grades received by a school shall be included in the Annual State of Public Education Report.

(3) If a school is within the low performance or unacceptable performance classification in any category, the school shall file a school improvement plan with the Superintendent and with the Board.

(c) The Superintendent shall notify the public and the media, and post on the Department of Education’s website, no later than thirty (30) days following the end of the fiscal year. The school performance reports shall be available at schools and the Department’s offices. The Superintendent shall also include notice that copies of school improvement plans can be obtained from the schools and the Department.

Section 3106. School Performance Report Card.

(a) No later than thirty (30) days following at the end of each fiscal year, the Superintendent shall issue a School Performance Report Card on the state of the public schools and progress toward achieving their goals and mission.

(b) The purpose of the School Performance Report Card is to monitor trends among schools and progress toward achieving the goals stated in the mission statement. The report on the state of the public schools shall be designed to:

(1) allow educators and the community to determine and share successful and unsuccessful school programs;

(2) allow educators to sustain support for reforms demonstrated to be successful;

(3) recognize schools for their progress and achievements; and

(4) facilitate the use of educational resources and innovations in the most effective manner.

(5) The report shall contain, but need not be limited to:

(i) demographic information on public school children in the community;

(ii) information pertaining to student achievement, including Guam-wide assessment data, graduation rates and dropout rates, including progress toward achieving the education benchmarks established by the Board;

(iii) information pertaining to special program offerings;

(iv) information pertaining to the characteristics of the school and school staff, including certification and assignment of teachers and the experience of the staff;

(v) budget information, including source and disposition of school operating funds and salary data;

(vi) examples of exemplary programs, proven practices, programs designed to reduce costs or other innovations in education being developed by the schools that show improved student learning; and

(vii) such other information as the Superintendent and the Board deems necessary.

In the second and subsequent years that the report is issued, the report shall include a comparison between the current and previous data, and an analysis of trends in public education.

Section 3107. Establishment of Educational Goals and Performance Standards. The Board shall develop and periodically assess educational goals and performance standards.

Section 3108. Attorney for the Board.

The Board may employ an attorney to assist and represent it in all civil matters. The Board may set the terms and conditions for employment of the attorney or law firm. The Board shall determine whether the appointment is a full-time, unclassified employee or an independent consultant. The Board may expend funds for hiring an attorney or procuring legal services.

Section 3109. Attorney for the Department. The Superintendent may employ an attorney(s) to assist and represent it in all matters that concern the Department.

Section 3110. Special Assistant Attorney General.

The Attorney General shall assist the Board or the Department in all litigation in which the Board or the Department is interested; provided, that the Attorney General shall designate the attorney for the Board or the Department as a Special Assistant Attorney General for such purpose at no cost to the Board or to the Department.

Section 3111. Guam Education Policy Board. There is hereby created a Guam Education Policy Board (‘Board’). The Board shall consist of at least eleven (11) members as follows:

(a) Nine (9) District Elected Voting Members. Nine (9) members of the Board shall be elected through district-wide elections at each General Election for a term of two (2) years. Notwithstanding any other provision of law, except for the student member and non-voting members, unclassified and contracted employees of the Executive and Legislative Branches and all employees of the Department of Education are not eligible to run. The candidates must be at least twenty-five (25) years old, an at least two (2) year resident of Guam, and a resident and domiciliary in that District the candidate will be representing for at least two (2) years immediately preceding the date on which the member takes office and continuing throughout the term. All candidates for the Board must be citizens of the United States of America.

(b) One (1) Student Non-Voting Member. One (1) student member of the Board shall be elected by the Island-wide Board of Governing Students.

(c) Appointed Non-Voting Member. The Board shall appoint one (1) non-voting member from a list of not less than three (3) nominees by the exclusive bargaining unit which represents teachers and other employees in the Department. The non-voting member shall serve a term of one (1) year.

(d) The Board may add non-voting, ex-officio members as needed. The terms for such ex-officio members shall be determined by the Board.

(e) Unless expressly provided for elsewhere by public law, actions of the Board are carried by a vote of five (5) voting members.

(f) A quorum for meetings of the Board shall consist of five (5) voting members.

Section 3112. Same: Duties and Responsibilities.

(a) The duties and responsibilities of the Guam Education Policy Board shall include:

(1) establish curriculum goals and policy;

(2) establish student performance standards and a mechanism for standardized assessment of each student based upon the adopted standards;

(3) establish policy for interscholastic sports;

(4) establish and approve a textbook list;

(5) establish student discipline policy;

(6) establish school calendar;

(7) establish graduation standards;

(8) periodically review established policies for refinement and improvement;

(9) serve as Guam's State Education Policy/Governing Board for Federal programs where such a board is required by Federal Law to include, but not be limited to, the Head Start Program;

(10) make recommendations to I Maga’lahen Guåhan and I Liheslaturan Guåhan for changes, additions or deletions to public law;

(11) approve or revoke a school's decentralization status for purposes of school-based management;

(12) act as the approving authority on behalf of the Department for collective bargaining agreements;

(13) establish rates and fees necessary for programs, including, but not limited to, the school lunch program;

(14) perform other duties and responsibilities as required by public law; and

(15) establish a professional training and development program for its members; this program once developed and implemented, will make it mandatory that all Board members participate for the purpose of improving, expanding and refining their individual and collective policymaking skills. Some specific areas that will be covered by such a professional training and development program are: (a) Title 17, Guam Code Annotated; (b) Roberts Rules of Order; (c) Department of Education / government of Guam budgeting procedures and guidelines; (d) government of Guam code of ethics and conflicts of interests codes; (e) difference(s) between policymaking administration; (f) Board/staff relations; (g) Board media relations; and (h) conflict resolution-staff, parents, students, community, colleagues, etc.

(b) The Board shall not collectively or individually:

(1) exert influence in the hiring, transfer, discipline or termination of any employee of the Department, unless expressly authorized by public law;

(2) interfere in or micro-manage the affairs of the Department or school within the Department; or

(3) involve itself with student discipline cases, unless expressly authorized by public law, and only to the extent authorized by public law.

Any Board member shall report to I Liheslaturan Guåhan any potential or alleged violation of this Subsection (b).

Section 3113. Same: Elected Members.

(a) Nine (9) elected members of the Board shall be elected by District (Title 3, Guam Code Annotated); provided, that candidates for such election shall be nominated only as provided in § 3114 of this Chapter.

(b) The election provided for in this Section shall be non-partisan, and no political party shall directly or indirectly sponsor, nominate or endorse any of the candidates for such office.

(c) There shall be the following number of elected Board members for the following districts composed of the municipalities as set out in the following table:

Number of Board Districts: Municipalities: Members:

Distritun ‘LAGU‘: Dededo and Yigo: Three (3) Members;

Distritun ‘KATTAN‘: Barrigada, Chalan Pago-Ordot, Mangilao, and Mongmong-Toto-Maite: Two (2) Members;

Distritun ‘LUCHAN‘: Agaña Heights, Asan-Maina, Hagatña, Piti, Sinajaña and Tamuning: Two (2) Members;

Distritun ‘HAYA‘: Agat, Inarajan, Merizo, Santa Rita, Talofofo, Umatac and Yoña: Two (2) Members.

(d) Apportionment. The apportionment of members shall be reviewed by the Board within one hundred eighty (180) days from the date of receipt of the decennial census. The Board shall report its findings, related to the rate of change in the population of each district, to the Speaker of I Liheslaturan Guåhan. In the event I Liheslaturan Guåhan determines that districts are not proportionately represented because of significant increases or decreases in population has occurred, I Liheslaturan Guåhan shall take appropriate action to maintain proportional representation of the districts.

Section 3114. Nomination for Election to the Board.

Nomination of candidates for election to the Board shall be made by petition on forms prescribed by the Guam Election Commission and initiated by the candidate. In order for a person's name to be placed upon the ballot for election to the Board, such petition must be signed by not less than one hundred fifty (150) persons registered to vote in and residing in the district the candidate is seeking to represent, and must be filed with the Guam Election Commission not later than seventy-five (75) days prior to the General or Special Election for that office. No defect in any nominating petition presented to the Guam Election Commission shall prevent the filing of another petition which is presented within the allowed filing period. Such petitions shall be maintained on file with the Commission for not less than ten (10) years.

Section 3115. Same: First Election: Terms. The members of the Board shall be elected by district at the next General Election or Special Election. The terms of office of Board members elected pursuant to this Section shall commence at 12:00 p.m. on the date of their certification of election by the Guam Election Commission.

Section 3116. Same: Repeal of Temporary Governance by I Maga’lahen Guåhan. Upon the certification of the election of the Board members as contained in § 3115 of this Chapter, § 18 of Chapter IV of Public Law Number 25-03 is hereby repealed.

Section 3117. Same: Vacancies. Any vacancies of elected member positions occurring on the Board shall be filled by appointment of I Maga’lahen Guåhan for the remaining term of the vacating member, subject to the advice and consent of I Liheslaturan Guåhan. Such vacancies shall be filled by appointment of a member from the same district represented by the vacating member.

Section 3118. Same: Severability as to Districting Formula.

Should a court of competent jurisdiction declare that the districting formula set out in § 3113 of this Title is unconstitutional, or in conflict with the Organic Act of Guam, the elected members of the Board shall remain in their positions until the next special or general election at which time the Board shall be elected at large.

Section 3119. Same: Officers of the Board. Officers of the Board shall include the Chairperson and Vice-Chairperson, and such other positions which the Board deems necessary to effectively carry out its responsibilities. Such Board officers upon election shall serve for a term of one (1) year. Board officers shall be elected by a majority vote of the members of the Board during one (1) of the Board's meetings held in November of each year. Members may serve as Chairperson for multiple terms, except that no person may serve as Chairperson for two (2) consecutive terms by succeeding oneself.

Section 3120. Same: Stipend. Members of the Board shall be paid the amount of Seventy-five Dollars ($75.00) for each day on which they attend a regular, special or executive meeting, not to exceed One Hundred Fifty Dollars ($150.00) in any month.

Section 3121. Budget. The Superintendent shall prepare the Department's fiscal year budget. The budget shall include a Board resolution indicating its approval of the budget submission and its funding priorities. The budget request for the non-personnel categories of each decentralized school shall be submitted as a separate line-item, by school, of the Department's total budget.

Section 3122. Collective Bargaining Agreement.

The Board shall appoint a negotiating team to handle negotiations between the Department and any exclusive bargaining unit representing teachers and other support staff for collective bargaining agreements. The Board shall have the authority to render final approval on behalf of the Department for such agreements.

Section 3123. Superintendent and Deputy Superintendent Not Part of I Maga’lahen Guåhan’s Cabinet. The Superintendent shall not be considered a member of I Maga’lahen Guåhan’s Cabinet. In the event that a Deputy Superintendent is hired, such Deputy Superintendent shall not be considered a member of I Maga’lahen Guåhan’s Cabinet.

Section 3124. Removal of Elected Board Members. An elected Board member shall be removed from the Education Policy Board by the following means:

(a) automatically upon conviction of a felony;

(b) automatically upon conviction of a misdemeanor involving the possession of a Controlled Substance or operation of a vehicle while under the influence of alcohol or a controlled substance; or

(c) by a referendum election in which at least two-thirds (⅔s)of the number of persons voting for the individual Board member under recall in the last preceding general election at which such Board member was elected vote in favor of a recall, and in which those so voting constitute a majority of all those participating in the referendum election for that Board member’s district. The referendum election shall be initiated by I Liheslaturan Guåhan following: (a) a two-thirds (⅔s) vote of the members of I Liheslaturan Guåhan in favor of a referendum, or (b) a petition for such a referendum to I Liheslaturan Guåhan by registered voters equal in number to at least fifty percent (50%) of the whole number of votes cast for the Board at the last general election for that Board member’s district at which such official was elected preceding the filing of the petition. A violation by a Board member of § 3112(b) of Title 17 of the Guam Code Annotated may be grounds for a referendum election.

Article 2.

Section 3201. Island-wide Board of Governing Students.

(a) The Island-wide Board of Governing Students (the Island-wide Board), which is hereby created, shall consist of a member of the Youth Congress who shall be elected by its members, and two (2) members from each public high school elected by a plurality vote of freshmen, sophomores, juniors and seniors attending the public high schools, voting in an election held in all the public high schools on one (1) day in May of each year. Such election shall be supervised by the Superintendent in cooperation with the student governing bodies of the high schools.

(b) A candidate must be nominated by a petition signed by no less than one hundred (100) freshmen, sophomores, juniors or seniors from the public high schools.

(c) Members of the Island-wide Board must attend the schools they represent and must have and maintain at lease a ‘2.5’ grade point average.

(d) No student may be a candidate if under suspension or on academic probation at the time of nomination.

(e) The Island-wide Board shall meet at least once a month during the school year to discuss matters relating to Guam's public education system and to make recommendations to the Board.

Section 3202. Same: Meetings of the Board. Meetings of the Board shall be open and held at a regular time and place each month. Special meetings may be called by the Chairperson.

Section 3203. Same: Acts of the Board. The concurrence of five (5) members of the Board shall be necessary for the validity of any of its acts.

Section 3204. Released Time; Meditation Period.

(a) The Board is authorized to establish and supervise a program whereby students may be released from their regular school attendance for a period of time no greater than one (1) hour each week during the school year, for the purpose of attending religious instruction outside the property and off the grounds of the government of Guam. Provided, however, that this Section in no event shall authorize the participation of the Board, the teachers or any other employees of the government of Guam to assist or aid in any manner, directly or indirectly, the religious instruction of students, or the compulsion of students to attend religious instruction. Provided, further, that this Section shall not be construed to permit the utilization of any property of the government of Guam in any manner whatsoever, for the purpose of such religious instruction.

(b) Meditation Period. The Board is required to establish for each class a period of silent meditation during the first hour of each school day.

Section 3205. United States Flag: Duty of Board. The Board shall provide for each public school under its control a suitable flag of the United States, which shall be hoisted above each school during all day sessions, weather permitting. The Board shall also provide smaller and suitable United States flags to be displayed in each schoolroom at all times during the school sessions.

Section 3206. Same: Pledge of Allegiance to Flag. It shall be the duty of the Board to adopt and place into effect for the public schools of Guam, rules and regulations requiring students, at a suitable time during school sessions, to pledge allegiance to the United States flag and to the nation for which it stands. Such pledge shall be in the following words:

‘I pledge allegiance to the flag of the United States of America and to the Republic for which it stands; one nation under God, indivisible, with liberty and justice for all.’

Section 3207. Physical Fitness. The Board shall develop a physical fitness program for all students in the elementary and secondary schools, taking into consideration the age, sex and health condition of students. Such program shall include a periodical physical fitness achievement test, and, as feasible, intramural and other athletic competition. Such program shall be implemented in accordance with the availability of facilities and personnel.

Section 3208. Enrichment and Compensatory Programs.

The Board shall adopt a policy providing for enrichment and compensatory education programs to be conducted throughout Guam during June, July and August of each year. The policy may prescribe that, upon the recommendation of the appropriate school administrator, a pupil may be required to be enrolled in a class established as the result of the implementation of this Section.

Section 3209. Volunteers in Education. The Board is authorized to institute a program within the Department of Education to be entitled, ‘Volunteers in Education.’ The Board shall, by its policies, make needful rules and regulations for the utilization of said volunteers in education within the Department. The Board is authorized to obtain liability insurance coverage for said volunteers.

Section 3210. Student Fund-Raising Activities. The Board shall promulgate rules and regulations necessary to regulate conduct of fund-raising activities on the part of students, to safeguard the funds raised by such activities, and for the audit of such funds. Said rules and regulations shall include, but need not be limited to the following:

(a) the educational, recreational or cultural rationale necessary to justify the holding of any particular class of school activity;

(b) regulations governing qualifications of firms or persons who may do business with school classes or activities;

(d) regulations requiring that sound business practices be used in the conduct of any school or class activity;

(e) all purchase contracts between vendors and class activities, sponsors or school principals shall be subject to Board approval;

(f) no agreement relative to school or class activities shall exceed one (1) year in duration; and

(g) a requirement that an annual audit of all school and class activity funds be performed and a report filed with the Board and I Liheslaturan Guåhan.

Section 3211. Career Program Counseling.

(a) On and after January 1, of every year, the Board and the Director of the Department of Labor shall make available to secondary students continuing employment and career program counseling to furnish information relating to the employment opportunities available to students graduating from or leaving the public high schools of Guam.

(b) No fee, compensation or other consideration shall be charged to, or received from, any student utilizing such services.

Section 3212. Gifted Students. The Board shall develop a program of studies that will provide for the development of the unusual and special abilities of gifted students enrolled in the schools of Guam. For the purposes of this Chapter, ‘gifted students’ shall mean students who exhibit leadership ability, artistic talent, creativity, outstanding academic ability and high intelligence.

Section 3213. Same: Assessment of Students. The Board shall cause to be conducted an assessment to identify gifted students within the schools of Guam.

Section 3214. Same: Assessment of Program. The Board shall cause to be conducted a periodic assessment of the progress of the students in the gifted students program, and the results of said assessment are to be used to determine whether the program should be modified.

Section 3215. Same: In-service Training of Teachers. The Board shall provide for in-service training for teachers necessary to conduct the program established by § 3212.

Section 3216. Teacher Personal Leave. The Board is hereby authorized to negotiate with the Guam Federation of Teachers to convert any unused personal leave hours earned by teachers during a school year to the cash value of four (4) hours for each eight (8) hours of unused personal leave, payable in lump sum at the end of the fiscal year.

CHAPTER 5.

TEACHING.

Section 5101. Teachers: Qualifications. Persons employed in a teaching supervisory capacity in the public schools of Guam shall be permanent residents of the United States of good moral character, and shall hold a qualifying certificate issued by the Superintendent.

Section 5102. Same: Certificates. The Superintendent shall grant appropriate certificates:

(a) to holders of diplomas issued by an institution of higher learning where the applicant holder has completed a teacher training course prescribed by the Board; and

(b) to applicants who, to the satisfaction of the Superintendent, meet the minimum qualifications prescribed by the Board, pursuant to § 5103.

Section 5103. Same: Same: Qualifications. The Board, upon recommendation of the Superintendent, shall prescribe by general regulation the qualifications upon which the Superintendent may grant, certificates:

(a) to teach in senior high schools, four (4) year high schools, junior high schools, vocational schools, elementary schools, supplementary schools for adults and kindergartens;

(b) to supervise instruction and to administer schools as supervisors, principals and superintendents;

(d) to act as school attendance officers; and

(e) to supervise the physical development of pupils.

Section 5104. Same: Same: Content. Each certificate issued shall clearly state the kind of service that it authorizes, the grades of classes, or the types of schools, in which it authorizes service, and if a teacher's certificate, the subjects it authorizes the holder to teach.

Section 5105. Same: Same: Requirement. Any person issued a Qualifying Certificate shall complete a three (3) semester credit course in Guam history, or Guam culture, within the first year after the person’s certification. Failure to satisfy this requirement shall constitute sufficient cause to suspend that person’s certification until the deficiency is corrected.

Section 5106. Same: Same: Expiration. Certificates shall expire at such time as the Board, by general rule and regulation, may prescribe.

Section 5107. Same: Suspension and Revocation of Certificate. Certificates granted by the Superintendent of Education may be revoked or suspended for immoral or unprofessional conduct, evident unfitness for teaching, persistent defiance of, and refusal to obey the laws and regulations which prescribe the duties of persons serving in the public school system.

Section 5108. Same: Same: Hearing. No certificate shall be revoked or suspended, except upon the written request of its holder, until after a hearing before the Board, and then only upon the affirmative vote of at least four (4) members of the Board.

Section 5109. Same: Same: Charges. All charges made against a person serving in the public school system which might lead to suspension or revocation of such person's certificate, shall be presented to the Board, in writing, and shall be verified under oath.

Section 5110. Same: Same: Notice. Notice of the time of hearing and a full and complete copy of the charges shall be furnished to the accused at least ten (10) days before the hearing.

Section 5111. Same: Same: Right of Accused. The accused shall be given a fair and impartial hearing, and shall have the right to be represented by counsel.

Section 5112. Same: Same: Rules of Hearing. The hearing shall be governed by and conducted under the rules of the Board.

Section 5113. Same: Duty. Every teacher in the public schools shall enforce the course of study, the use of duly authorized textbooks, and the rules and regulations prescribed for the schools.

Section 5114. Same: Maintenance of Discipline. Every teacher in the public schools shall hold pupils to strict account for their conduct on the school premises and during recess.

Section 5115. Same: Purpose. Each teacher shall endeavor to impress upon the minds of the pupils the principles of morality, truth, justice and patriotism; to teach them to avoid idleness, profanity and falsehood; to inculcate a due and proper respect for duly constituted authority; to instruct them in the principles of a free government, and to impress upon them a true comprehension of the rights, duties, responsibilities and dignity of American citizenship.

Section 5116. Para-professional Employees and Teachers Aides. The Superintendent of Education is authorized to employ para-professional employees and teachers aides to help in the supervision of instruction and administration in the public schools of Guam. The Board, upon recommendation of the Superintendent, shall prescribe by general regulations the services to be performed by such employees and their qualifications for employment.

Personnel employed as para-professional employees or teachers aides shall be employees of the government of Guam, and the conditions of their employment shall be in all respects the same as other employees of the government of Guam, Department of Education.

Section 5117. Same: Duty Hours. The Board shall establish duty hours for all teachers. The duty hours shall be established so that a classroom teacher shall be at that teacher’s duty station at least fifteen (15) minutes prior to the school's first period of instruction. A teacher shall remain at that teacher’s duty station until at least fifteen (15) minutes after pupils have been dismissed for the day, except on days when teacher conferences, workshops or other non-instructional activities are authorized by the Board. A minimum of five (5) hours per day shall be devoted to instructing pupils. The Board may require that additional duty hours may be allocated for meal time and for general administrative purposes, including lesson preparation, teacher conferences, parent-teacher conferences, workshops and other non-instructional activities, and may authorize the additional duty hours to be performed at such place as the Board may prescribe, but not to exceed eight (8) hours per day.

Section 5118. Assessment Program. The Board shall cause to be administered annually a pre- and post-assessment program to all pupils using both national standard achievement tests based on norm criteria and criterion referenced tests, and a comparative analysis made thereof in accordance with the Department of Education's Comprehensive Accountability Plan. The purpose of such tests shall be to assist the Department in the continuing evaluation of the overall curriculum, performance of teachers and academic achievement of pupils so that the Department may take such steps as it deems warranted in order to improve the total educational climate of Guam.

Section 5119. School-Year Pay for Teachers. Persons employed as teachers and school health counselors shall, at their option, be paid on either twenty-one (21) or twenty-six (26) bi-weekly payments beginning on November 1, 1983.

Section 5120. Job-Sharing Project. (a) Job-Sharing Pilot Project. There is hereby established a two (2) year job-sharing pilot project (‘project’) to be conducted by the Department of Education (‘Department’) for the academic years 1991-92 and 1992-93; provided, however, that the Department shall not implement the Project without first carefully developing appropriate plans, procedures and guidelines, and shall initiate the Project to the extent practicable during the 1991-92 academic year. The Department shall devote no more than one hundred (100) full-time, permanent positions to job-sharing, pursuant to this Section.

(b) Definition. As used in this Section, ‘job-sharing’ means the voluntary sharing of jobs by two (2) or more full-time, permanent teaching employees of the Department, with each teacher working one-half (1/2) of another job-sharing teacher's total number of hours required per week.