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2020 Guam Statutes
Title 17 - Education
Division 2 - Department of Education
Chapter 13 - Foundation for Public Education Act of 2009

Universal Citation: 17 Guam Code §§ 13101 - 13108 (2020)
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17 GCA EDUCATION CH. 13 FOUNDATION FOR PUBLIC EDUCATION A CT OF 2009 CHAPTER 13 FOUNDATION FOR PUBLIC EDUCATION ACT OF 2009 SOURCE: This entire Chapter was added by P.L. 30-008:1 (Apr. 3, 2009) as Chapter 12. Renumbered by Compiler because Chapter 12 already exists. 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P.L. 30-050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education. References to Guam Public School System have been changed to Department of Education pursuant to P.L. 30-050:3. § 13101. § 13102. § 13103. § 13104. § 13105. § 13106. § 13107. § 13108. Legislative Findings and Intent. Short Title. Authorization to Receive Funds. Custody and Expenditure of Funds. Composition of Foundation Board of Directors. Preferred Qualifications of Foundation Directors. Foundation Information Published on Website. Reporting Information. § 13101. Legislative Findings and Intent. I Liheslaturan Guåhan finds that creating the best public school education is the responsibility of the entire community. This means not only parents and educators, but also businesses, community groups, associations, philanthropists and citizens. Currently, the Department of Education is authorized to receive monetary donations, which are promptly deposited into the Every Child is Entitled to an Adequate Education Fund (Fund). The provisions of the existing Fund are too restrictive in regards to how private contributions to the Department of Education can be utilized, therefore a mechanism needs to be put in place to more efficiently handle such contributions. In many communities, public education foundations serve as a conduit between schools and communities, often funding projects that fall outside the scope of the schools’ operating budgets. The missions of these public education foundations are to mobilize regional and community resources to support and impact public education through initiatives, programs, and practices designed to improve student performance and advance quality educational opportunities for all children. It is, therefore, the intent of I Liheslaturan Guåhan, that a separate mechanism, one that would promote the improvement of the general welfare of public education on Guam inclusive of philanthropic and 1 COL 110609 17 GCA EDUCATION CH. 13 FOUNDATION FOR PUBLIC EDUCATION A CT OF 2009 community service endeavors, must be established. This can be accomplished with the creation of a “Foundation for Public Education”. § 13102. Short Title. This Chapter may be cited as the “Foundation for Public Education Act of 2009.” § 13103. Authorization to Receive Funds. The Superintendent is hereby authorized to establish a public, not-forprofit corporation that shall be separate and apart from the government of Guam and the Department of Education for the purposes of being able to accept private gifts, donations, endowments, services in-kind, grants and other money which may be offered in support of the Department of Education. All such private gifts, donations, endowments, services in-kind, grants and other money shall be in accordance with the laws of Guam and subject to reasonable conditions. § 13104. Custody and Expenditure of Funds. Such funds as are received shall be deposited into a fund as established by the public corporation and known as the Foundation for Public Education Fund (the Fund). Expenditures shall be made from the Fund in accordance with such conditions as may be attached to the private gifts, donations, endowments, services in-kind, and grants. No more than ten percent (10%) of the total corpus of the Fund shall be utilized for administrative costs. § 13105. Composition of Foundation Board of Directors. The public corporation, as initially established by the Superintendent of Education, shall be comprised of a nine (9) member board of directors. The Superintendent shall appoint the charter directors of said corporation and each charter director will serve an initial term of one (1) year. The Superintendent of Education shall serve as temporary chairperson, and shall convene the first meeting of the Foundation. At its first meeting the Foundation shall elect from among its members its officers in accordance with its established by-laws. At least two (2) of its members shall be alumni of the Department of Education, formerly the Guam Department of Education. For the purposes of this provision, an alumnus is defined as any one (1) person having attended the Department of Education for one (1) complete school year. At least one (1) member shall have accounting experience or a professional background in accounting. At least one (1) 2 COL 110609 17 GCA EDUCATION CH. 13 FOUNDATION FOR PUBLIC EDUCATION A CT OF 2009 member shall have experience or professional background in marketing or advertising. At least one (1) member shall have legal experience or professional background in the law. At least one (1) member shall have experience or professional background as a fund manager. The remaining members of the Foundation shall be of diverse backgrounds from the community, who have resided on Guam for at least three (3) years. Upon establishment of the public corporation, said corporation shall establish in its articles of incorporation and by-laws the manner of appointment and length of service for Board Members and all other rules and regulations relative to operations, investments and programs through which all private gifts, donations, endowments, services in-kind, grants and other money shall be granted back to the Department of Education. The established bylaws shall reflect the qualifications and the makeup of the Board of Directors as enumerated in this Section. In the event of a vacancy on the charter board of directors, the Superintendent of Education, or the Chairperson of the Guam Education Policy Board should the Superintendent of Education be incapacitated, shall appoint a replacement for the unexpired term. The initial meeting of the public corporation shall be convened by the Superintendent of the Department of Education. § 13106. Preferred Qualifications of Foundation Directors. The preferred qualification for Foundation Directors appointed by the Superintendent and subsequent Foundation Directors appointed in accordance with this Act shall be: (a) adequate time to dedicate to the work of the Foundation; (b) displayed loyalty to the public schools; and (c) previous nonprofit board membership experience. § 13107. Foundation Information Published on Website. The Foundation shall publish information regarding its activities on a monthly basis. The information may include, but not be limited to, financial statements, meeting minutes and agendas, and any other information that the Foundation may deem beneficial to the general public. The Department of Education shall make their website available to the Foundation for the purpose of publishing the above required information. § 13108. Reporting Information. The Foundation shall transmit quarterly reports detailing information pertaining to the contributions made to and expenditures from the Foundation Fund to I Liheslaturan Guåhan and to the Office of Public 3 COL 110609 17 GCA EDUCATION CH. 13 FOUNDATION FOR PUBLIC EDUCATION A CT OF 2009 Accountability of Guam. 2009 NOTE: Reference to Office of Public Auditor changed to Office of Public Accountability pursuant to P.L. 30-027:2 (June 16, 2009). ------- 4 COL 110609
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