17 Guam Code Ann. § 12107
Terms Used In 17 Guam Code Ann. § 12107
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) An Academy Charter School shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race creed, color, gender, national origin, religion, ancestry or need for special education services.
(c) Each power conferred upon an Academy Charter School under this Chapter can only be used for the sole purpose of operating the Academy Charter School. An Academy Charter school shall have the following powers:
(1) to adopt a name and corporate seal, but only if the name selected includes the words “”Academy Charter School””;
(2) to acquire real property for use as the Academy Charter School’s facilities, from public or private sources, but Academy Charter Schools shall not have the power to acquire property by eminent domain;
(3) to receive and disburse funds for Academy Charter
School purposes;
(4) to secure appropriate insurance and to make contracts and leases, including agreements to procure or purchase services, equipment, and supplies subject to Chapter 5, Title 5, Guam Code Annotated;
(5) to incur debt in reasonable anticipation of the receipt of funds from the general fund of the government of Guam or the receipt of Federal or private funds;
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(6) to solicit and accept any grants or gifts for the Academy Charter School’s purposes, if the Academy Charter School:
(A) Does not accept any grants or gifts subject to any condition contrary to law or contrary to its Charter; and
(B) Maintains, for financial reporting purposes, separate accounts for grants or gifts;
(7) to be responsible for the Academy Charter School’s operation, including preparation of a budget and personnel matters; and
(8) to sue and be sued in the Academy Charter School’s own name.
(d) An Academy Charter School shall not charge an application fee and tuition.
(e) An Academy Charter School may impose reasonable fees or otherwise require payment, at rates established by the Trustees of the school, for any field trips or similar activities not funded in whole or part through appropriation by I Liheslaturan Guåhan.
(f) An Academy Charter School shall exercise control over its expenditures subject to Chapter 5, Title 5, Guam Code Annotated, and over administration, personnel, and instructional methods independent of the Guam Department of Education, within the limitations imposed in this Chapter.
(g) An Academy Charter School shall be exempt from Guam Department of Education policies, rules, regulations, and collective bargaining agreements, except as otherwise provided in the Academy’s Charter or this Chapter.
(h) An Academy Charter School shall comply with all federal and Guam health and safety requirements applicable to public schools.
(i) An Academy Charter School shall be governed by the Trustees in a manner consistent with the Charter granted to the school and the provisions of this Chapter.
(j) No employee of the Department of Education shall be
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required to accept employment with, or be assigned to, an
Academy Charter School.
(k) No student enrolled in a public school shall be required to attend an Academy Charter School:
(l) An Academy Charter School shall not levy taxes or issue bonds.
(m) An Academy Charter School seeking to revise its Charter shall prepare a petition for approval of the revision and tile the petition with the Council. The provisions of § 12105 of this Chapter shall apply to such a petition in the same manner as such provisions apply to a petition to establish an Academy Charter School.
(n) An Academy Charter School shall submit an annual report no later than thirty (30) days after the end of the fiscal year to the Council, I Liheslaturan Guåhan, and I Maga’hågan Guåhan. The Academy Charter School shall permit the public to review any such report upon request. A report shall include the following data:
(1) a report on the extent to which the school is meeting its mission and goals as stated in the petition for the Academy Charter School;
(2) student performance on any district-wide assessments;
(3) grade advancement for students enrolled in the
Academy Charter School;
(4) graduation rates, college admission test scores, and college admission rates, if applicable;
(5) types and amounts of parental involvement; (6) official student enrollment;
(7) average daily attendance;
(8) annual financial audit and subsequent fiscal year annual financial audits, and a financial statement audited by the Public Auditor, pursuant to § 1908, Chapter 19, Title 1, Guam Code Annotated, under Subsection (z) of this Chapter.
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(9) a report on school staff indicating the qualifications and responsibilities of such staff; and
(10) a list of all donors and grantors that have contributed monetary or in-kind donations having a value equal to or exceeding Five Hundred Dollars ($500) during the year that is the subject of the report.
(11) Data described in items (1) through (8) of this Subsection shall not identify the individuals to whom the data pertain.
(o) An Academy Charter School shall provide to the
Department of Education student enrollment data.
(p) An Academy Charter School shall establish a formal complaint resolution process.
(q) An Academy Charter School shall provide a program of education, which shall include any grade or grades from kindergarten through grade twelve (12).
(r) [Repealed.]
(s) An Academy Charter School shall not be home based. (t) [Repealed.]
(u) An Academy Charter School shall initiate the process for accreditation within the first one hundred twenty (120) days of opening and attain accreditation within six (6) years of opening.
(v) An Academy Charter School shall not hire a for-profit management company to operate the school.
(w) An Academy Charter School shall provide instruction each year for at least the same number of days required of the Department of Education.
(x) An Academy Charter School, and its incorporators, Trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission:
(1) constitutes gross negligence;
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(2) constitutes an intentional tort; or
(3) is criminal in nature.
(y) Upon termination of the Charter, all assets of the Academy Charter School shall revert to the Department of Education.
(z) Pursuant to § 1908, Chapter 19, Title 1, Guam Code Annotated, the Public Auditor is authorized to supervise audits, or at the Public Auditor’s discretion, exercise his or her authority to make the selection of the auditing firm or organization, and the scope of audit; and the audits are to be at the cost of the charter school, which said costs shall be included in its annual budget.
SOURCE: Subsection (n) amended by P.L. 31-233:XII:29 (Sept. 7, 2012), amended by P.L. 35-029:4 (July 19, 2019). Subsection (n)(8) amended by P.L. 35-029:4 (July 19, 2019). Subsection (c)(4) amended by P.L. 32-125:1 (Feb. 10, 2014). Subsection (f) amended by P.L. 32-125:2 (Feb. 10, 2014). Subsection (g) amended by P.L. 32-125:3 (Feb. 10, 2014). Subsection (u) amended by P.L. 35-029:4 (July 19, 2019). Subsection (z) added by P.L.
35-030:2 (July 19, 2019). Subsections (r) and (t) repealed by P.L. 37-030:4 (July 25, 2023).
2023 NOTE: Section 4 of P.L. 37-030:4 (July 25, 2023) states:
Section 4. §§ 12107(r) and (t) of Chapter 12, Title 17, Guam Code
Annotated, are hereby repealed:
“”§ 12107. Duties and Powers, and other Requirements, of
Charter Schools.
(r) An Academy Charter School shall not be home based.””
It is unclear whether there was an intent to add new language to subsection (r). Prior to the repeal by P.L. 37-030:4 (July 25, 2023), subsection (r) stated: “”An Academy Charter School shall be nonsectarian and shall not be affiliated with a sectarian school or religious institution.”” Prior to the repeal by P.L. 37-030:4 (July 25, 2023), subsection (t) stated: “”An Academy Charter School shall not be converted from any existing private or parochial school.””