Five persons with disabilities who are identified by their initials have filed a complaint against Guam Department of Education Superintendent Jon Fernandez in district court.

According to court documents filed by Guam Legal services Corporation- Disability Law Center counsel Daniel Somerfleck, the superintendent is accused of failing to provide necessary educational services pursuant to its Individualized Education Program or IEP.

The five individuals are seeking declaratory and injunctive relief requesting for Fernandez to implement an in-person extended school year I-E-P service of four hours a day for four weeks with a specialized para-educator.

KUAM asked Superintendent Jon Fernandez for an update on the one-to-one school aides this morning on our interactive talk show, Containing COVID.

"What we are really going to have to do is work together with the parents, the school staff and our trade professionals to review the individualized education plans that each student has, every student in order to receive services and the appropriate accommodations and modifications we really have all of these things outlined in individualized plan however under the order and the safety parameters we are really going to have to understand how to deliver these services in this context 20:19

KUAM reached out for a comment on the lawsuit filing, and GDOE spokesperson Isa Baza said,

"We will not be making any comment at this time due to the ongoing litigation."