ST. CROIX — A Superior Court judge recently concluded that the Virgin Islands Department of Education has failed to teach Virgin Islands and basic Caribbean history as a course in every grade from kindergarten to twelfth grade as required by law in all public schools, calling for compliance in one year.
Judge Alphonso Andrews Jr. has adjudged and declared that the VI Code in Title 17, Section 41(c)(1) requires Virgin Islands and basic Caribbean history be taught in every grade from kindergarten to twelfth grade as a “course,” and does not provide for integrating such subjects into another course, according to a declaratory judgment filed last Thursday.
Andrews declared that the defendants, including the VI Department of Education, are not teaching VI and Caribbean history as a course, nor in each grade, thereby failing to properly administer the law.
Andrews further declared the VI Board of Education, another defendant, has not promulgated rules and regulations to carry out Section 41(c)(1) as mandated by Section 41(d). He noted such promulgation, and compliance with the provisions of Section 41(c)(1) are not required until June 14, 2025.
In addition to the Department of Education and Board of Education, the other named defendants are Governor Albert Bryan Jr. and former Education Commissioner Racquel Berry-Benjamin.
The declarations in the judgment reflect the Court’s interpretation of the VI Code, Title 17, Section 41(c)(1), as amended on June 14, 2023 by Bill No. 35-0055, or Act No. 8730.
Act No. 8730, which became law on June 14, 2023 when the Legislature voted to override the governor’s veto of Bill No. 35-0055, amended Act No. 8684 in paragraph (1).
Act No. 8684 (Bill No. 34-0238) amended Section 41(c)(1) to require that VI and basic Caribbean history be integrated into the curriculum for kindergarten through twelfth grade. Act No. 8730 repealed Act No. 8684 and reinstated with amendments provisions of Act No. 4844, the original law that Act No. 8684 amended.
The law, as amended by Act No. 8730, requires VI and basic Caribbean history courses to be part of the curriculum in grades kindergarten to eighth grade, and to be offered as specific courses from ninth to twelfth grades.
The requirement to teach VI and Caribbean history to all public-school students dates to July 11, 1983, which is when the VI Legislature passed Act No. 4844.
The plaintiffs in the case initially filed a civil suit on Oct. 21, 2013, seeking judicial intervention to declare that the Department of Education and Board of Education failed to administer the law, as well as to order compliance. The plaintiffs at the time were Mary Moorhead, Kendall Petersen (deceased) and Gregory Miller Jr. The Superior Court denied plaintiffs’ petition for mandamus after finding the statutory mandate under Section 41(c) was being followed, but the VI Supreme Court reversed the denial on appeal. A Superior Court order in 2016 called for the parties to mediate their dispute, but it concluded with an impasse. Plaintiffs filed their first amended complaint on July 29, 2019, and added Mario Moorhead as a plaintiff.
This matter came before the Court on plaintiffs’ second amended complaint filed April 3, 2020, which deleted Mary Moorhead as a plaintiff. The new plaintiffs, Miller and Mario Moorhead, sought a declaratory judgment regarding the teaching of VI and Caribbean history in public schools, as well as an injunction directing defendants to make such courses a requirement before the next regular school year.
Following a five-day trial in March 2022 and the filing of supplemental briefs thereafter up until January and February of this year, the Court granted plaintiffs’ request for declaratory judgment.
“This is a victory for the Virgin Islands and the children of the Virgin Islands, born and unborn,” Miller said.
Miller thanked everyone who has been involved in the case.
“I’ve always been confident in the victory of good over evil, and the honorable judge said he’s going to stick to the law,” he said. “And since Act 4844 is a law, justice has been served.”
Although Andrews granted plaintiffs’ request for declaratory judgment, he denied their request for injunctive relief, a court order for the defendants to stop a specified act or behavior.
Mario Moorhead, a talk radio host, discussed the Court’s judgment on the air Tuesday on WSTX-AM 970.
“The good judge completely and thoroughly agrees with the legislation that all our schools shall teach all our students Virgin Islands history and basic Caribbean history, and that we will be entitled to injunctive relief as of June of next year,” he said. “And so, we are hoping that that will not be necessary and that our government, specifically the Department of Education, will see the light and become fully aware of the urgency of implementing whatever they deem necessary to implement the law, which is the teaching of Virgin Islands history and basic Caribbean history.”
Andrews, in his 37-page memorandum opinion, noted that issuance of an injunction is premature at this time because the promulgation of rules and regulations is not required until June 14, 2025. He noted Act No. 4844 required VI and Caribbean history be taught in elementary and high schools, not necessarily in each grade. He noted the new law, Act No. 8730, requires instruction in every grade from kindergarten to twelfth grade.
“To require immediate compliance therewith would be impossible and unreasonable,” Andrews wrote in his opinion. “Equity demands that defendants be permitted a reasonable time to comport their teaching to the new law.”
Although the promulgation of rules and regulations to carry out the law is not required for another year, the presidents of the American Federation of Teachers in both island districts expressed scepticism about the VI Department of Education’s ability to implement Virgin Islands and Caribbean history courses in every grade level within a year due to teacher shortages and lack of resources.
“I can’t see this happening in that time frame at all,” Rosa Soto-Thomas, St. Croix Federation of Teachers president, said.
Soto-Thomas pointed out VIDE must have teachers to instruct the courses, questioning where the department will find them.
“We have a shortage of teachers,” she said. “I know that it’s a good thing for our children to know the history of the Virgin Islands, but I don’t know that the department is ready to take that on.”
Leontyne Jones, St. Thomas/St. John Federation of Teachers president, said the problem with the law mandating instruction of VI and Caribbean history in every grade is the lack of teachers.
“It’s a great idea,” she said. “It looks good on paper, but in reality, who are you going to get to teach these classes?”
Jones said there’s a chronic teacher shortage every year, noting at least 35% to 40% of VIDE’s staff are international teachers who must rotate every five years due to visa term limitations.
“We don’t have enough teachers to teach science and math, let alone Caribbean history,” she said.
Kyza Callwood, Board of Education chair, also noted challenges that implementing the law presents. He pointed out the logistical challenge of adjusting curricula and scheduling to accommodate separate courses for VI history and Caribbean history.
“This may require additional instructional time and resources, which could impact other subject areas,” he wrote in a text message.
Callwood further noted the potential strain on educational resources, suggesting schools might need to hire additional qualified teachers or provide extensive professional development for existing staff to ensure they’re adequately prepared to teach both subjects effectively.
Despite the challenges he outlined, Callwood indicated that the Board of Education is committed to complying with the Court’s decision.
“We believe that a deeper and more distinct focus on both Virgin Islands history and Caribbean history will enrich our students’ educational experience and foster a stronger sense of cultural identity and regional awareness,” he wrote. “We appreciate the community’s understanding and support as we work through these adjustments to provide the best possible education for our students.”
Attempts to contact Shayla Solomon, Department of Education spokesperson, for comment on Tuesday via phone and email were unsuccessful, and a voicemail message was not returned as of the time of publication.
