Legal Matters

Guam Law:

17 GCA (Guam Code Annotated), Chapter 6, Section 6109

Guam’s Department of Education’s Home Study policy, amended on 9/29/2010, states:

Children not attending a private full-time school and who are being instructed in study and recitation for at least three (3) hours a day for one hundred seventy (170) days each calendar year by a private tutor or other person, in the several branches of study required to be taught in the public schools of this Territory and in the English language, shall be exempted from attending the public school.

It is the policy of the Department of Education that students who do not attend public schools in accordance with this law shall not be considered as public school students in any manner.  Consequently, the Department shall have no regulatory authority over these students, nor shall these students be entitled to receive any of the services or academic recognitions and designations provided by the Department to public school students—inclusive of but not limited to the granting of credits to be used for obtaining a high school diploma—except for those services and academic recognitions and designations as may be required by federal or local laws and regulations.

It is the responsibility of parents who elect to Home School their children to ensure that their chosen program and Home School activities are sufficient to meet the requirement of exemption from Section 6102 of Title 17, Chapter 6 regarding parents’ duty to send children to school. As per public law, “any parent, guardian or other person having control or charge of any child who is at least five (5) years of age and has not reached the age of sixteen (16) years, not exempted under the provisions of this Article, shall send the child to a public or private full-time day school for the full-time of which such schools are in session.

Please note the following: Any student in Guam, including homeschoolers, who chooses to transfer into a Guam public school, must adhere to the Guam Department of Education’s policy below (351.3, amended 11/12/03).  Students transferring into public schools have two possible paths.  First, if you are using an accredited home school program, your “school” will need to send a transcript and your records to your new school’s administrator. Home school programs are considered accredited if they have been approved by one of the six regional accrediting bodies in the United States:

  • Middle States Commission on Higher Education
  • New England Association of Schools and Colleges
  • Higher Learning Commission
  • Northwest Commission on Colleges and Universities (NWCCU)
  • Southern Association of Colleges and Schools
  • Western Association of Schools and Colleges

Secondly, for those homeschoolers who are using a non-accredited home school program, you will be responsible to create a transcript and submit it along with your student’s records to your new school’s administrator.  It will be up to the new school’s administrator to approve your transcript and place your child at a grade level they believe is appropriate.  Please note that when homeschooling high school students, you need to track hours per individual course in order to create a transcript that may be used if you transfer to a school or for applying to universities.

Guam Department of Education’s policy 351.3, amended 11/12/03, is as follows:

Secondary students earn one-half (1/2) credit upon successful completion of every semester course with a grade of 60% or higher for regular courses, or 70% or higher for weighted courses, subject to the provisions given below.  The amount of credit, which can be earned for successfully completed courses, is to be determined by the Department of Education.

A. Credits from Accredited Institutions

Credits   obtained   from   institutions, which   are   accredited   by   the accreditation   organizations recognized by the countries in which the credits were given and/or as determined by the Board of Education, shall be used to meet graduation requirements, subject to the following conditions:

  1. Credits from courses which are similar in content cannot be used to fulfill two or more graduation requirements (e.g.  English 12, Honors English 12 and AP English cannot be used to meet two or three English or elective credit requirements, as they are essentially the same course).
  1. All courses/programs reflected on a transcript which can be counted towards graduation requirements shall be counted towards meeting the requirements.
  1. A course may be repeated if the grade is less than 75% and space is available in the course.  However, the course can be used only once in fulfilling the graduation requirements.   4.  All credits from accredited higher education institutions shall be accepted at the request of the student and shall be used to fulfill graduation requirements.

B. Credits from Non-Accredited Institutions

Credits earned from non-accredited institutions may be used to meet graduation requirements, subject to the following limitations.

  1. Acceptance of these credits is dependent upon their review and written approval from the school’s administration in which the student is enrolled.
  1. The only credits which can be accepted from non-accredited institutions in which a Department student is concurrently enrolled are those given for courses which, prior to their commencement, had been approved in writing by the administration of the school in which the student is enrolled for the purpose of meeting graduation requirements.
  1. All credits from non-accredited institutions are subject to the same conditions listed in Part V.A of this policy.
  1. Coursework must meet the minimum Carnegie time requirement (60 hours per 0.5 credit). (amended 11/12/03)

If you have any questions or you feel a Guam Department of Education’s Administrator is treating your child unfairly, please contact us at guamhsa@gmail.com.  GHSA has a good relationship with the Guam Department of Education, and we would like to work with you in order to ensure that Guam’s homeschool policy is followed correctly.

HOME SCHOOL LEGAL DEFENSE ASSOCIATION

This organization requires a *yearly membership fee to provide legal advice and representation for your family if your home schooling is ever questioned by authorities.

*Guam Home School Association members qualify for a group discount. Please email us at  guamhsa@gmail.com for the group number.

Home School Legal Defense Association
P.O. Box 3000
Purcellville, VA 20134-9000
Phone: (540) 338-5600
Fax: (540) 338-2733
Email: info@hslda.org
www.hslda.org