A superior court judge is mulling over whether or not to dismiss a lawsuit filed by several public school parents. Those parents, who have children with disabilities, allege the Guam Department of Education and the Guam Education Board broke the law when they failed to provide the students with an adequate learning environment.

A rather tense legal argument over public school education unfolding inside the Superior Court of Guam Friday. For three hours, attorneys in the lawsuit filed against GDOE and the GEB argued over whether the government's largest agency broke the law when they failed to comply with the Adequate Education Act.

Parents of several Guam DOE students with disabilities claim this as fact in their lawsuit that's been slowly moving through the local court system. Parties going before Judge Elyze Iriarte today.

The public school system wants the case tossed. GDOE's legal counsel, Attorney Jesse Nasis, arguing Attorney Daniel Somerfleck, representing GDOE parents in the case, did not state why schools weren’t safe, clean, or sanitary - referring only to news media reports on the conditions.

Nasis contends this was non-concrete, distinct, or particularized. But Somerfleck insisted he provided a concise enough statement when he made the government claim seeking mandatory injunctive relief.

Education board members and superintendent Dr. Kenneth Swanson did not attend the hearing. Judge Iriarte took the motion to dismiss under advisement and could issue a decision within a month. This as parties are scheduled to appear back in court on August 13.