Judge partially dismisses lawsuit against Guam Department of Education

In a lawsuit filed by ten parents of public school students with disabilities, accusing  education officials of violating the Adequate Education Act, only two remain in the fight after a Superior Court judge tossed the claims of eight others who later joined the case.

Superior Court Judge Elyze Iriarte noted the court had no other choice but to dismiss the eight additional plaintiffs, as students failed to first avail of an administrative review process required before filing a lawsuit against the Guam Department of Education by law. 

It's an outcome not sitting well with Attorney Daniel Somerfleck of the Guam Legal Services Corporation, Disability Law Center, who represents the parents and students in the case.

He told KUAM, “I'm disappointed.”

Still, the claims originally filed on behalf of two students, one from Oceanview Middle School and Agueda Johnston Middle, remain intact and are scheduled for trial in November as they succeeded in filing administrative claims. 

The parents of those students previously aired their grievances during a roundtable hearing on GDOE’s Special Education Division last year at the Guam Legislature.

“In Oceanview, I know the concerns were the mold and the mildew at the school. My son is highly allergic…is highly allergic to dogs and cats, and mold and mildew,” said Samuel Donato, a GDOE school parent. 

Court documents outlined claims that a 12-year-old Oceanview Middle School student with cerebral palsy and asthma allegedly suffered respiratory issues due to mold exposure at their school.

Another parent of one 13-year-old Agueda Middle School student also claimed her child did not receive education from a certified teacher based on her illness and demands on 64 occasions. 

“My daughter is 13 years old; she transitioned this year to middle school. It was a total disaster–to the point I had to move school districts because I was so desperate,” said another parent, Paola Agostini. 

And while their children's case moves forward, the court leaves the door open, stating that the remaining two students can't make claims on behalf of others with similar situations.

This doesn't stop the court, however, from providing injunctive relief for future claims filed by other students.