Guam § 715 - Words and Terms Defined: Significance of Words.

§ 715. Words and Terms Defined: Significance of Words.

(a) Words used in this Code in the present tense include the future as well as the present;

(b) words used in the masculine gender include the feminine and neuter;

(c) the singular number includes the plural, and the plural the singular;

(d) the word “person” includes a corporation, firm, association, organization, partnership, business

trust or company unless this Code otherwise provides;

(e) “writing” includes printing, typewriting and physical copy from electronic media;

(f) [No text]

(1) “oath” includes affirmation and declaration; and

(2) every mode of oral statement, under oath or affirmation, is embraced in the term “depose”;

(g) “signature” or “subscription” includes mark, when the person cannot write, his name being written

near it by a person who writes his own name as a witness, provided that when a signature is by mark it

must, in order that the same may be acknowledged or may serve as the signature to any sworn statement,

be witnessed by two persons who must subscribe their own names as witnesses thereto.

(h) The following words have in this Code the meaning attached to them in this Section, unless

otherwise specifically provided or apparent from the context:

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(1) The word “property” includes both real and personal property;

(2) The words “real property” are coextensive with lands, tenements and hereditaments;

(3) The words “personal property” include money, goods, chattels, things in action, and evidence

of debt;

(4) The word “month” means a calendar month unless otherwise expressed;

(5) The word “will” includes codicil;

(6) The word “writ” signifies an order or precept in writing, issued in name of the government,

or of a court or judicial officer, and the word “process” a writ or summons issued in the course of

judicial, or quasi-judicial proceedings;

(7) The word “affinity” when applied to the marriage relation, signifies the connection existing

in consequence of marriage, between each of the married persons and the blood relative of the other;

(8) The phrase “dissolution of marriage” includes divorce;

(9) “Shall” is mandatory and may” is permissive.

(i) “Section” means a section of this Code unless some other statute is specifically mentioned.

(j) “Subsection” means a subsection of the section in which the term is used unless some other section

is specifically mentioned.

(k) “Adequate Public Educational System” means a system of public schools that provides an adequate

public education to public school students.

(l) “Adequate public education” means public schools which at the minimum provide:

(1) a certified teacher for every class in a ratio established by relevant collective bargaining

agreements;

(2) certified professional administrators;

(3) certified guidance counselors;

(4) certified school health counselors;

(5) certified allied health professionals;

(6) air conditioned or properly ventilated classrooms in which the sensible air temperature is no

greater than 78º F;

(7) potable water sufficient to provide each student a daily ration of drinking and washing water;

(8) a reliable supply of electricity;

(9) proper sanitation to include flushable toilets, clean restrooms, dining areas and classrooms;

(10) adopted and required textbooks and workbooks issued to each public school student for the

classes in which he or she is enrolled;

(11) libraries, which meet the standards of the American Association of School Librarians, at each

school, operated by certified librarians;

(12) a healthful, safe, sanitary learning environment;

(13) at least one hundred eighty (180) instructional days, or its equivalence, including make-up

hours each school year with school years ending no later than thirty (30) days following the end of the

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calendared school year; provided, that the Guam Department of Education is exempt from the

requirements of this § 715(l)(13) for School Years 2019-2020, 2020-2021, 2021-2022, and 2025-2026.

(14) regular, timely school bus transportation to and from the school for his attendance area as

established by 17 GCA § 6102 for every child in accordance with policies adopted by the Education

Policy Board.

(m) In item (l), above, “certified” means that a person holds at least the first level of professional

certificate issued in accordance with standards at least as stringent as those in place on the day this Section

is effective, for the position he or she holds.

(n) “Public school” means a facility established, maintained or operated pursuant to §29 (b) of the

Organic Act, as amended.

(o) “Public school student” means a child who is required to attend school by Section 1421b (r) of the

Organic Act or 17 GCA § 6102 who is enrolled in a public school and has not been expelled.