How many public schools will make the grade in time for the first day of classes? It's so far been release after release, statement after statement, and a constant back and forth between Governor Lou Leon Guerrero and Senator Chris Barnett over the public law that requires all schools to meet the health and safety standards set by the Guam Department of Public Health.

Or, they won't be granted a health permit. 

But as the clock continues to run out until schools reopen, is there a chance these government officials could listen to one another and find middle ground?

It’s one thing almost everyone involved in the conversation on public school re-openings can agree on: something needs to be done to fix the poor conditions plaguing the Guam Department of Education campuses. But what island leaders seemingly can’t see eye to eye on is the timeline of how to go about doing just that.

Senator Barnett, who has oversight of education, authored the now-public law that states at the start of this school year, GDOE schools must comply with the health and sanitation rules and regulations set by Public Health.  But Governor Leon Guerrero, who did not take action of the bill that lapsed into law, argues the stiff timeframe, “Paralyzes schools, rendering them unable to open for the upcoming school year.” 

The governor said, “Yes, the requirements to comply with sanitation standards should not be compromised at all. I’m very much for those rules and regulations. But, it has to be reasonable, and it has to be practical - and it can’t be a consequence of closing schools down without giving them the time and the opportunity to fix it. So, current laws, without this law of his, does allow that.”

As the clock ticks closer to the August 9 scheduled start date for students, the governor told KUAM News the only immediate viable solution now is for Senator Barnett and his colleagues at the legislature to fix the law. 

 “I know the importance of getting the work done, and I totally support that," explained Leon Guerrero. "But we need to be real here. We need to be reasonable, we need to be compassionate, and we need to make sure that we don’t tie the hands of those who can make it work. And that’s what his law is doing - it’s tying the hands of Public Health, the schools, the superintendent, and management. He needs to go back and do something about making it more reasonable and making it much more, I think, applicable to the realities and circumstances of what we’re facing.” 

In response, Barnett told KUAM he’s simply listening to the realities and circumstances of parents and students, those he says he has been speaking with have shared the concern of children attending classes with unsafe conditions. 

 “Listen to the people - that’s what I’m doing," Barnett stated. "The people of Guam, especially the public schools, the parents, the students - they want our kids to go to schools in facilities that meet basic health and safety guidelines, and that’s all this is about. I don’t think anybody is comfortable with us going backward like the governor has suggested. So, we’re just going to keep moving forward, and I would just ask that if the administration is not going to help the schools, please don’t hinder.” 

The governor earlier today also dispelled all public criticism that her administration does not support GDOE, saying, “We, as an administration, are supporting GDOE. Although GDOE is not under my direct supervision and authority, but we’re in there pushing money to them, we’re in there helping them with their mold remediation, we’re in there helping them cleaning the debris from their schools. So, again, to make the allegation that the administration doesn’t support GDOE is totally a misplacement of the truth of facts.” 

Meanwhile, the governor and the education oversight chair both admittedly  have differing interpretations of the law, with Barnett saying, "On the subject of variances, GDOE, I’ve always been in close communication with them–they have met every week with the Department  of Public Health every week since Public Law 37-4 was enacted into law, and Public Health has never said anything about not being able to grant variances–in fact, they have granted several variances–so, I disagree with the Governor’s interpretation of the law.” 

 “Senator Chris Barnett is out there saying, 'Well, they can just get a variance', but it’s very obvious he doesn’t understand his bill… or his law–because in his law,  there’s a provision in there that says: variances are prohibited if the non-compliance is due to sanitation issues or if the noncompliance results in a sanitary permit being suspended. And that’s what ties it up."

“Because a lot of these schools–their demerits are based on sanitary issues. As a result, they cannot be passed. Therefore, they cannot get a variance–and I don’t think he truly understood that part of his provision.” 

Nevertheless, Barnett says the momentum, he anticipates, is going to get schools into compliance. He's commending GDOE on working hard to open as many schools as possible. Barnett added he’s always said he’s willing to working with the governor, saying, “The governor and lieutenant governor should stop attacking senators trying to help public schools and public school students and join us in attacking the challenges and barriers that are preventing us from getting as many schools open.”

“One of the things the governor and lieutenant governor could do is they pledged that they were going to work feverishly with the Department of Public Health to assist in any way they can to assist GDOE, and I just ask that they come through with the promise.” 

As for what the administration is doing to get Public Health the help it needs, the governor indicated more Division of Environmental Health inspectors may be hired, saying, "They’re working very hard. The position description is also a little bit restrictive because it says you have to have one year of inspection before you even become that. So, even if we worked with GCC to do the boot camp and get those inspectors out, it still can’t be met. So, there’s a lot of moving parts that need to be really looked at.  

"But I’ll tell you this: they cannot do it by August 9 or 11th, when schools open.”