BOE power to formulate policies for PSS upheld

Governor Pedro P. Tenorio rejected last week legislation that seeks to overhaul significant aspects of public education, citing a need to reconsider several of the amendments raised under the proposed measure.

The local chief executive noted that there are legal and policy concerns under the legislation that need further scrutiny by leaders from both chambers before it can be passed into law.

Citing provisions in the CNMI Constitution, Mr. Tenorio said the Board of Education has the sole authority to formulate policies and take control over the Public School System.

Though Legislature may legislate other matters pertaining to operations and duties, the governor underscored on the need for elected leaders to work with BOE and the Commissioner of Education to ensure a workable system that benefits CNMI students.

For one, Mr. Tenorio pointed out that mandating a joint meeting between the BOE and the Board of Regents before June 1 of every year would violate the exclusive authority of the board to determine the best time for its own meetings.

He also sympathized with concerns raised by BOE and PSS officials on the proposal mandating kindergarten to 3rd grade teachers to fluently speak and write Chamorro/English and/or Carolinian/English, adding that this is a clear violation of Amendment 38.

Education leaders and the governor agree that mandating this requirement would inflict a great hardship on the ability of PSS to find qualified teachers.

“Not too long ago, a legislation (P.L. 11-2) was approved setting guidelines for allowing teachers, among other hard-to-fill positions, to return to work, without losing their retirement benefits. This was done to encourage teachers to return to teaching because of shortages. This bill would exacerbate the already existing shortage of qualified teachers,” said Mr. Tenorio.

PSS has assured local leaders that all students from grades one through three already receive instruction in the Chamorro, Carolinian, and English languages, as mandated by a BOE policy.

Mr. Tenorio also subscribed to the belief that the BOE is in a better position to review the qualifications of the Commissioner of Education and determine the best applicant to fill such a crucial position.

To restrict the eligibility of applicants, according to the governor, would limit the board’s choice of selecting a truly qualified applicant.

The governor has also disapproved a house initiative that seeks to ensure that students of the Commonwealth receive quality school services, to approve the amendments of the BOE and PSS policies and regulations reclassifying counselors as certified employees and changing counselors’ salaries.

“Although the bill is well intentioned and is, in fact, in response to a direct request by BOE, it suffers from several technical problems that are likely to cause unintended consequences,” he said.

Mr. Tenorio explained that amending a provision to classify specific PSS employees will wipe out guidelines with respect to the salary schedule of all executive branch employees.

Further, in the proposal to delete references to counselors in section 8213, the bill also deletes existing language establishing a salary ceiling of $56,000 for vice principals, but retains continued reference to expanded salary schedule for vice principals.