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A hearing on a $600,000 attorney’s fee in a landmark mold lawsuit against the Guam Department of Education was continued Thursday after GDOE filed a motion to suspend proceedings while appealing a ruling that confirmed mold at Agueda I. Johnston Middle School and Ocean View Middle School. Philip Tydingco, a staff attorney at Guam Legal Services Corporation–Disability Law Center, said the hearing had been scheduled to address fees exceeding $600,000 accrued over two years of litigation. The Guam Legal Services Corporation–Disability Law Center represents the two students with disabilities in the case. “They filed a separate motion asking the court to stay, that means suspend the proceedings about the attorney’s fees, because they are appealing our judgment that we got from the court to the Guam Supreme Court,” Tydingco told the Pacific Daily News. The appeal was filed on Sept. 17. It follows GDOE’s settlement of the two-year-old lawsuit, in which it admitted mold was present at the schools when the case was filed in August 2023 and that the conditions were unsafe, resolving the final issue and averting a scheduled bench trial. The lawsuit, filed on Aug. 11, 2023, sought injunctive and declaratory relief after two students with disabilities were allegedly denied safe learning conditions and access to certified special education teachers. While injunctive relief is no longer possible because the students have since graduated, the declaratory relief confirms their rights. “Do our students have these rights under the Adequate Public Education Act? We argued yes,” Tydingco said. “Did the GDOE violate those rights? We argue yes. Do we have the right to enforce it? We argue yes, and that’s where we’re at.” Tydingco criticized GDOE for prolonging the litigation, refusing inspections and challenging procedural claims. The case could have been resolved much sooner, he said. “There was no need for this but it turned into that,” he said. “I mean, for example, they would not let us inspect the schools. We had to go to court and fight to get the right to inspect schools. And I assume the superintendent is the one authorizing his lawyers to fight tooth and nail on this, and if he wasn’t the one authorizing it, well then it’s the tail wagging the dog.” The next hearing for the attorney’s fees is scheduled for May 24, 2026, with proceedings paused while the appeal is pending. Tydingco said the Guam Supreme Court could take the case into 2026, after Superintendent Erik Swanson’s term ends. “He’ll be out. And they’ll just substitute,” he said, saying the case will then move on to the next superintendent. “So right now it says, versus Erik Swanson and the board, right? And they’ll just substitute the name of whoever is the new or acting superintendent. That’s just a legal formality,” he said. “His name won’t be on it anymore. But clearly he was the superintendent for the past two years.” The department’s legal team included attorneys Jesse Nasas, Matthew Wolf and Gloria Rudolph. Guam Legal Services is also seeking Supreme Court review of the full lower court record, arguing that the department selected only a few documents and transcripts for the appeal. “And of course, we’re opposing that. We’re asking that no, designate the entire record, because it’s an insufficient amount of information for the parties and for the Supreme Court to make a decision on their appeal based on the issues that they identified,” Tydingco said. The lawsuit filed on behalf of two former middle school students with special needs prompted inspections, remediation and chemical cleaning at some schools, though many other campuses have yet to receive similar treatment. The lawsuit also ended inspection exemptions, required GDOE to meet health standards, and triggered broader legislative scrutiny of the island’s aging school facilities. GDOE officials said mold growth is driven by leaks, wet ceiling tiles, poor insulation, and outdated building designs. The department launched HVAC replacements, insulation upgrades, district-wide air quality testing, and increased its facilities workforce from 20 to 80 staff, PDN files state. The department estimated that fully bringing public schools up to current standards will cost over $1 billion. Investments also include solar power installations and accessibility upgrades, including operational elevators at several schools. Federal reimbursement claims of about $10 million are being submitted every five to six days to help fund the work.
