Chapter 14

17 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 1 CHAPTER 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 2015 NOTE: Public Law 31-203 (May 9, 2012) added a new Chapte r 14 of Title 17 GCA. Public Law 33-007 (Feb. 25, 20 15) later sought to add a new Chapter 14. These two laws were desig nated by the Compiler as separate articles of Chapter 14, pursua nt to the authority granted by 1 GCA § 1606. Article 1. Teaching and Learning Communities Act. Article 2. First Generation Trust Fund Initiative. ARTICLE 1 TEACHING AND LEARNING COMMUNITIES ACT SOURCE: Entire chapter added by P.L. 31-203:2 (May 9, 2012 ) as a new Chapter 14 of Title 17 GCA, designated as Artic le 1 of Chapter 14 by the Compiler pursuant to 1 GCA § 1606. § 14101. Purpose. § 14102. Short Title. § 14103. Definitions. § 14104. Ten (10)-Year Capital improvement Project Plan. § 14101. Purpose. The purpose of the Department of Education Ten (10) -Year Capital Improvement Project Plan is to provide: (a) a management tool and a guide to identify the m ost practical and economical means of providing safe te aching and learning

ducation Ten (10) -Year Capital Improvement Project Plan is to provide: (a) a management tool and a guide to identify the m ost practical and economical means of providing safe te aching and learning environments; (b) justification and guidance in preparing annual capital improvement project design and construction budgets ; (c) an outline for anticipated changes in terms of major facilities, population needs and associated demands ; and (d) indicators of future facilities costs for finan cial planning and decision making. COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 2 § 14102. Short Title. This Chapter may be cited as the 'Teaching and Lear ning Communities Act.' § 14103. Definitions. When used in this Chapter: (a) Board means the Guam Education Board. (b) Superintendent means the Superintendent of Education, the Chief Executive of the Department of Education. (c) CIP means Capitol Improvement Project(s). (d) Plan means a Ten (10)-Year Capital Improvement Project Plan. (e) Properties means all lands under the administrative jurisdiction of the Department of Education.

s Capitol Improvement Project(s). (d) Plan means a Ten (10)-Year Capital Improvement Project Plan. (e) Properties means all lands under the administrative jurisdiction of the Department of Education. (f) Facilities means all Department of Education schools, non-instructional administrative support buildings, athletic facilities, and related structures. § 14104. Ten (10)-Year Capital Improvement Project Plan. The Superintendent shall prepare a Ten (10)-Year Capital Improvement Project Plan that shall be subject to Board approval. (a) Plan Provisions. The Plan shall include as a basis, but is not limited to: (1) An inventory of DOE properties and facilities, which shall include at a minimum: (A) the age of the facility; (B) the gross square footage of each facility; (C) the quantity and quality of core instructional spaces; (D) the quantity and quality of supplemental instructional spaces; COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 3 (E) the adequacy of administrative and support spaces; (F) the adequacy of the athletic facilities; (G) the code compliance of the facility; and (H) the dates that each facility was

FUND INITIATIVE 3 (E) the adequacy of administrative and support spaces; (F) the adequacy of the athletic facilities; (G) the code compliance of the facility; and (H) the dates that each facility was last renovated, repaired or improved; and whether copies of the building plans, a recorded map from the Department of Land Management and certificate of title are available for each facility. (2) An assessment of needs, to include at a minimum: (A) DOE’s educational mission, vision, and goals; (B) the adequacy of the square footage for the current and projected school enrollment; (C) the quantity and quality of core instructional spaces; (D) the quantity and quality of supplemental instructional spaces; (E) the adequacy of administrative and support spaces; (F) the adequacy of the athletic facilities; and (G) the security of DOE’s properties and facilities and energy-efficiency measures, to inclu de an evaluation of cost effectiveness. (3) A review and assessment of attendance areas, enrollment data and source of data. (4) A list of projected capital improvement project s. (5) Proposed annual budgets for capital improvement projects that shall include a cost analysis which shall

enrollment data and source of data. (4) A list of projected capital improvement project s. (5) Proposed annual budgets for capital improvement projects that shall include a cost analysis which shall include, at a minimum, projected cost comparisons f or the demolition and rebuilding of facilities versus meas ures to COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 4 rehabilitate and renovate; and projected expense fo r the construction of eco-friendly facilities and/or for the purchase of equipment/items to make facilities more energy efficient. (b) Review Process. The Plan shall undergo a review process as follows: (1) The Plan shall be updated annually, and the Superintendent and Board shall determine whether significant revisions are required, based on availa ble information. (2) The Plan shall include provisions for all DOE’s facilities to have security monitoring and maintena nce as part of contracts with developers for buildings/fac ilities constructed under a build-lease and lease-back cont ract. (c) Implementation. The Ten (10)-Year CIP Plan shall be implemented at the start of each new decade.

ith developers for buildings/fac ilities constructed under a build-lease and lease-back cont ract. (c) Implementation. The Ten (10)-Year CIP Plan shall be implemented at the start of each new decade. (d) Reporting. The DOE shall transmit to I Magaʼlahen Guåhan (the Governor of Guam), and the Speaker of I Liheslaturan Guåhan a copy of each Ten (10)-Year CIP Plan, and annual updates. (e) Funding Sources. Notwithstanding any other provision of law, funding to support the CIP may co me from any or all of the following sources, but is not lim ited to: (1) Leaseback Financing allowable pursuant to 'The Education Facilities Construction Initiative Act of 2001' ; and (2) Support Financing Vehicles, such as the U.S. Housing and Urban Development Community Development Block Grant and U.S. Department of Education Qualified Zone Academy Bonds. ---------- COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 5 ARTICLE 2 FIRST GENERATION TRUST FUND INITIATIVE SOURCE: Entire chapter added by P.L. 33-007:2 (Feb. 25, 2015) as a new Chapter 14 of Title 17 GCA, designated as Art icle 2, Chapter 14 by the Compiler pursuant to 1 GCA § 1606.

TRUST FUND INITIATIVE SOURCE: Entire chapter added by P.L. 33-007:2 (Feb. 25, 2015) as a new Chapter 14 of Title 17 GCA, designated as Art icle 2, Chapter 14 by the Compiler pursuant to 1 GCA § 1606. § 14201. Legislative Findings and Intent. § 14202. First Generation Trust Fund Initiative Est ablished. § 14203. Creation of the First General Trust Fund. § 14204. Notification of Students. § 14205. Requirements for Eligibility. § 14206. Funding. § 14207. Evaluation. § 14208. Sunset Provision. § 14209. Transfer Authority Prohibited. § 14210. Reporting and Rules and Regulations. § 14211. Annual Audit. § 14212. Initiative Limitations. § 14201. Legislative Findings and Intent. I Liheslaturan Guåhan finds that the trajectory of the younger generation is impacted by social and financial bett erment, and that a purposeful investment in their individual future su ch as the establishment of a scholarship fund, known as the ' First Generation Trust Fund Initiative' (Initiative), available to s tudents in the public school system at the beginning of their ninth (9th) grade term, is a feasible component of directing our students toward s the promising futures they each deserve.

vailable to s tudents in the public school system at the beginning of their ninth (9th) grade term, is a feasible component of directing our students toward s the promising futures they each deserve. I Liheslatura recognizes that there are existing and varied scholarship and training programs in higher educati on, supported by local and federal funds, that aim to provide inform ation, services and support for those students demonstrating financ ial need, disability, and/or those who are first-generation e ligible. While such programs are significant to supporting incoming stu dents and sustaining student enrollment, not all provide the specific initial cost investment needed to start a college education on G uam. COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 6 I Liheslatura finds that the First Generation Trust Fund Initiative is supported by a combined effort of the Guam DOE, UOG and GCC. I Liheslatura further intends to establish the commitment that the success of our children is developed early on w ithin our public education system, and that the First Generation Tru st Fund Initiative provides the platform to

s to establish the commitment that the success of our children is developed early on w ithin our public education system, and that the First Generation Tru st Fund Initiative provides the platform to ensure that students work towards financial self-reliance in the long-run. SOURCE: Added as § 14101 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. § 14202. First Generation Trust Fund Initiative Es tablished. There is hereby established the 'First Generation T rust Fund Initiative,' which shall be administered by the Guam Department of Education (DOE), or its designee, as an incentive p rogram to encourage GDOE high school students to pursue post- secondary learning. (a) The First Generation Trust Fund Initiative shall provide for each eligible Guam Department of Educat ion high school graduate a Five Hundred Dollars ($500) schol arship towards registration, enrollment, and tuition fees at the University of Guam or the Guam Community College. (b) Scholarships under this Act shall begin with GDOE students graduating during School Year 2018-2019. SOURCE: Added as § 14102 by P.L. 33-007 (Feb. 5, 2015).

of Guam or the Guam Community College. (b) Scholarships under this Act shall begin with GDOE students graduating during School Year 2018-2019. SOURCE: Added as § 14102 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. 2018 NOTE: Subsection designations added pursuant to authority by 1 GCA § 1606. § 14203. Creation of the First Generation Trust Fund. (a) The First Generation Trust Fund (Fund) is hereb y created separate and apart from all other funds of the gove rnment of Guam, and shall be administered by the Superintendent of the Depar tment of Education. (1) The Fund shall not be commingled with the General Fund, or any other funds of the government of Guam; COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 7 (2) shall be maintained in a separate bank account in accordance with this Act; and (3) shall not be subject to any transfer authority of I Maga’lahen Guåhan or (A) to any inter-fund borrowing, or (B) used for any other purpose not authorized by th is Chapter. (b) All funds appropriated, collected, or received pursuant to this Chapter shall be deposited in the

) to any inter-fund borrowing, or (B) used for any other purpose not authorized by th is Chapter. (b) All funds appropriated, collected, or received pursuant to this Chapter shall be deposited in the Fund and used for the implementation of the First Generation Trust Fund I nitiative. (c) The DOE Superintendent may enter into contracts to obtain investment advice and management, and other profess ional services regarding the administration and investment of the Fund. All aggregated costs relative to the Fund shall not exceed five percent (5%) of the total portfolio. SOURCE: Added as § 14103 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. 2018 NOTE: Subitem designations added in subsection (a) pursua nt to authority by 1 GCA § 1606. 2015 NOTE: Subsection designations added to adhere to the Com piler’s alpha-numeric scheme pursuant to 1 GCA § 1606. § 14204. Notification of Students. All eligible GDOE students shall be notified by GDOE, at the commencement of each year and upon graduation, of t he requirements necessary to avail of the provisions o f this Chapter, and of the amount potentially available towards col lege registration,

t the commencement of each year and upon graduation, of t he requirements necessary to avail of the provisions o f this Chapter, and of the amount potentially available towards col lege registration, enrollment, or tuition fees. SOURCE: Added as § 14104 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. § 14205. Requirements for Eligibility. (a) To be eligible for a First Generation Trust Fun d Initiative scholarship towards college registration, enrollmen t and tuition, a COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 8 GDOE graduate must be enrolled in a GDOE public hig h school at the time of graduation. (b) Any amount of the scholarship not paid to UOG or GCC for registration, enrollment or tuition fees shall remain with the Fund and shall not lapse. (c) The student’s scholarship award shall be used by the fall or spring semester after graduation from high school. SOURCE: Added as § 14105 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06.

be used by the fall or spring semester after graduation from high school. SOURCE: Added as § 14105 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. 2018 NOTE: Subsection designations added pursuant to authority by 1 GCA § 1606. § 14206. Funding. The DOE, with the local public education institutio ns, namely, UOG and GCC, have each committed to the Initiative and agree to invest through the following sources: (a) One Hundred Thousand Dollars ($100,000) shall be funded by the DOE and released by June 2016, and shall continue to be funded and released by June of each subsequent fiscal year for the sole purpose of supporting the Initiative’s objectives; (b) Two Hundred Fifty Thousand Dollars ($250,000) shall be funded by the UOG and released by June 2016, an d shall continue to be funded and released by June of each subsequent fiscal year for the sole purpose of supporting the Initiative’s objectives; and (c) Two Hundred Thousand Dollars ($200,000) shall be funded by the GCC and released by June 2016, and shall continue to be funded and released by June of each subsequent fiscal year for the sole purpose of supporting the

and Dollars ($200,000) shall be funded by the GCC and released by June 2016, and shall continue to be funded and released by June of each subsequent fiscal year for the sole purpose of supporting the Initiative’s objectives. (d) Financial contributions may also be made to th e Fund by individuals, businesses, and organizations. (e) Any amounts from Subsections (a), (b) and (c) not already funded from non-governmental sources shall be funded COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 9 from the government of Guam respective budgetary appropriations to the GDOE, UOG, or GCC. SOURCE: Added as § 14106 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. § 14207. Evaluation. An independent evaluation, paid for by the Fund, shall be conducted after the seventh (7th) year of the enact ment of this Act to determine if the program has met its goals, one of which is to increase the number of GDOE graduates enrolled at t he UOG and GCC. SOURCE: Added as § 14107 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. § 14208.

crease the number of GDOE graduates enrolled at t he UOG and GCC. SOURCE: Added as § 14107 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. § 14208. Sunset Provision. The Initiative shall come to an end by the eighth (8 th ) year of its enactment unless new legislation is duly enacted authorizing its continuation. Any remaining funds at the sunset dat e shall be distributed accordingly to DOE, GCC and UOG based o n the proportion of contributions made by each institutio n. SOURCE: Added as § 14108 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. § 14209. Transfer Authority Prohibited. Notwithstanding any other provision of law, the fun ds appropriated in this Act in each fiscal year shall not lapse and shall continue to be available until fully expended, and shall not be subject to any transfer authority of I Maga’lahen Guåhan or any inter-fund borrowing, or used for any other purpose . SOURCE: Added as § 14109 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. § 14210. Reporting and Rules and Regulations.

used for any other purpose . SOURCE: Added as § 14109 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. § 14210. Reporting and Rules and Regulations. (a) The Guam DOE shall submit an annual written report of the activities of the Initiative and the Fund to I Maga’lahen Guåhan and to the Speaker of I Liheslaturan Guåhan. COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 10 (b) The DOE shall promulgate rules and regulations for the implementation of this Chapter within one hundred t wenty (120) days of the enactment of this Act, pursuant to Chap ter 9, Title 5, Guam Code Annotated, the Administrative Adjudicatio n Law. SOURCE: Added as § 14110 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. 2015 NOTE: Subsection designations added to adhere to the Com piler’s alpha-numeric scheme pursuant to 1 GCA § 1606. § 14211. Annual Audit. (a) The Office of Public Accountability (OPA) shall perform an annual audit of the Fund and the compliance of t he GDOE with the expenditures of such funds, in accordance with the administration

dit. (a) The Office of Public Accountability (OPA) shall perform an annual audit of the Fund and the compliance of t he GDOE with the expenditures of such funds, in accordance with the administration and exclusive purposes of this Act. (b) The OPA shall prepare and provide a written report of compliance no later than seventy-five (75) days after the end of the fiscal year to I Maga’lahen Guåhan and to the Speaker of I Liheslaturan Guåhan. SOURCE: Added as § 14111 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. 2018 NOTE: Subsection designations added pursuant to authority by 1 GCA § 1606. § 14212. Initiative Limitations. (a) Nothing in this Chapter shall be construed to waive sovereign immunity of the government of Guam in reg ards to this Initiative, or to: (1) give a designated beneficiary any rights or le gal interest with respect to an account; (2) guarantee that a designated beneficiary: (A) will be admitted to an institution of higher education; or (B) upon admission to an institution of higher education, will be permitted to continue to attend or will receive a degree from the institution; COL919201817 GCA EDUCATION CH.

of higher education; or (B) upon admission to an institution of higher education, will be permitted to continue to attend or will receive a degree from the institution; COL919201817 GCA EDUCATION CH. 14 TEACHING AND LEARNING COMMUNITIES ACT AND FIRST GENERATION TRUST FUND INITIATIVE 11 (3) create residency for an individual merely beca use the individual is a designated beneficiary; or (4) guarantee that amounts available pursuant to t he Initiative will be sufficient to pay the full enrol lment, registration or tuition expenses of a designated be neficiary. (b) Nothing in this Chapter shall create, or be co nstrued to create, any obligation of the Guam DOE or any agenc y or instrumentality of the government of Guam to guaran tee for the benefit of a designated beneficiary: (1) the rate of interest or other return on any ac count; (2) the payment of interest or other return on any account; or (3) the repayment of the principal of any account. (c) The DOE shall provide by rule that every agreement, contract, application, deposit slip, or other simil ar document that may be used in connection with a contribution to an account, clearly indicates that the account is not insured by the

y agreement, contract, application, deposit slip, or other simil ar document that may be used in connection with a contribution to an account, clearly indicates that the account is not insured by the government of Guam, and that neither the principal deposited nor the investment return is guaranteed by the government of Guam. (d) Nothing in this Chapter shall entitle a GDOE g raduate to the cash equivalent of the scholarship award. Award s shall be paid directly from the Fund to UOG or GCC for enrollment , registration, and tuition fees. SOURCE: Added as § 14112 by P.L. 33-007 (Feb. 5, 2015). C odified to this section by the Compiler pursuant to 1 GCA § 16 06. ---------- COL9192018