The Guam Department of Education still has its guard up amid a new decision involving accessing federal funds–and while it could  be a step in the right direction, it may be too soon to celebrate.

“It’s not resolved until it’s resolved—” that’s what superintendent Dr. Kenneth Swanson had to say about a new decision by US Secretary of Education Linda McMahon over the weekend. In a letter, McMahon announcing the department’s decision to return non-plaintiff states to the liquidation process used before March 28, citing uniformity and fairness, as plaintiff states have been allowed to continue requesting drawdowns for pre-approved projects, pending litigation.

“I would underline caution. It’s a step in the right direction–but I also...you’re going to have to show me. I’ve got to see it.”

Swanson says this could now allow GDOE to revisit the system of making upfront local payments and seeking reimbursement later. He said, “The way that I see it interpreted with some other releases that did not come from us was that the whole process had been reinstated from the way it was from the very beginning–and that’s just not the case yet.”

He notes the three main projects, the refurbishment of 12 campuses, FB Leon Guerrero Middle School, and air conditioning, are still in the appeals process after a prior denial from USDOE.

He said, “We understand that the late liquidation date of March of 2026 has been reinstated–however, what has not been undone is the shift from the full approval of all of our projects as they were initially contracted, to now having to submit those proposals over again and have them re-approved, so our big contracts that were rejected one time around, those are all in on appeal. The only things we can receive funds for are those that have passed the review process. So, there’s still a lot of work still to be done.”

Swanson also noting GDOE filed claims for around 67 vendors under the same rules, using the initial filing process, with contracts ranging from $1,500 to $1.2 million. “I know for a fact that they have begun evaluating those projects, so I don’t know. Most of them don’t have anything to do with construction; they’re all about instructional materials and training and those kinds of things," he said. "That totaled nearly $41 million. If we get that back, that would be wonderful. But we’re going to get it back portion by portion, vendor by vendor–not as a lump sum–so the good news is that those vendors will be paid using those funds.”

As for whether GDOE is still pursuing legal action against USDOE, Swanson says the department must first exhaust the administrative process—and if that fails, legal options will remain on the table.

In the meantime, Swanson is set to meet virtually with USDOE on July 2 to seek clarity on how this change will impact GDOE.