|
|
Home
| Databases
| WorldLII
| Search
| Feedback
American Samoa Consolidated Legislation - Code Annotated (ASCA) |
Title 16
EDUCATIONAL INSTITUTIONS
Chapters:
01 Compact for Education
02 Board of
Regents
03 General Provisions
04 (Reserved)
05
Public Schools
06 Special Public Schools
07 Private
Schools
08 Faifeau Schools
09 (Reserved)
10
Teaching Personnel
11-14 (Reserved)
15 Early Childhood
Education
16 Special Education
17-19 (Reserved)
20
American Samoa Community College Board of Higher Education
21 American
Samoa College Research Foundation
22-24 (Reserved)
25
Student Financial Aid
Chapter 01
COMPACT FOR EDUCATION
16.0101 Adoption of compact.
16.0102 American Samoa education council.
16.0103 Commission to send bylaws.
16.0104 Appropriation.
Reviser's Comment:
The preamble to PL 15-81, 1978, §§
1-4 of which were made this chapter, provides that "This bill is offered as a
pre-paratory
step, subject to later appropriation, to ratifying the Compact for
Education and thus joining the Education Commis-sion of the States".
16.0101 Adoption of compact.
The Compact for Education is entered into and enacted with all jurisdictions joining therein, in the form following:
ARTICLE I. PURPOSE AND POLICY
A. It is the purpose of this compact to:
1. Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the State and local levels.
2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.
3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the Nation, so that the executive and legislative branches of State government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
4. Facilitate the improvement of State and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
B. It is the policy of this compact to en-courage and promote local and State initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and States.
C. The party States recognize that each of them has an interest in the quality and quantity of education furnished in each of the other States, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the Nation, and because of products and services contributing to the health, welfare and economic advancement of each State are supplied in significant part by persons educated in other States.
ARTICLE II. STATE DEFINED
As used in this compact, "State" means a State, Territory or Possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
ARTICLE III. THE COMMISSION
A. The Education Commission of the States, hereinafter called the "Commission", is hereby established. The Commission shall consist of 7 members representing each party state. One of such members shall be the Governor; 2 shall be members of the state Legislature selected by its respective houses and serving in such manner as the Legislature may determine; and 4 shall be appointed by and serve at the pleasure of the Governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the Commission, 6 members shall be appointed and serve at the pleasure of the Governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the Commission, the guiding principal for the composition of the membership on the Commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, know-ledge or affiliations, be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and provisional, public and nonpublic educational leader-ship. Of those appointees, 1 shall be the head of a state agency or institution, designated by the Governor, having responsibility for 1 or more programs of public education. In addition to the members of the Commission representing the party states there may be not to exceed 10 non-voting commissioners selected by the steering committee for terms of 1 year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.
B. The members of the Commission shall be entitled to 1 vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the Commission are cast in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the Commissioners are present. The Commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the Commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article [11(j)].
C. The Commission shall have a seal.
D. The Commission shall elect annually, from among its members, a chairman, who shall be a Governor, a vice-chairman and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission, and together with the treasurer and such other personnel as the Commission may deem appropriate shall be bonded in such amount as the Commission shall determine. The executive director shall be secretary.
E. Irrespective of the civil service, personnel or other merit system laws of any of the party States, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Commission, and fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for the personnel policies and programs of the Com-mission.
F. The Commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their sub-divisions.
G. The Commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph F of this Article shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
H. The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein.
I. The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
J. The Commission annually shall make to the Governor and Legislature of each party state a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable.
ARTICLE IV. POWERS
In addition to authority conferred on the Commission by other provisions of the compact, the Commission shall have authority to:
1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.
2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and public educational systems.
3. Develop proposals for adequate financing of education as a whole and at each of its many levels.
4. Conduct or participate in research of the types referred to in this Article in any instance where the Commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.
6. Do such other things, as may be necessary or incidental to the administration of any of its authority or functions pursuant to this com-pact.
ARTICLE V. COOPERATION WITH FEDERAL GOVERNMENT
A. If the laws of the United States specifically so provide, or if administrative provision is made therefore within the Federal Government, the United States may be represented on the Commission by not to exceed 10 representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to Federal law, and may be drawn from any one or more branches of the Federal Government, but no such representative shall have a vote on the Commission.
B. The Commission may provide information and make recommendations to any executive or legislative agency or agency or officer of the Federal Government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.
ARTICLE VI. COMMITTEES
A. To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a steering committee of 32 members which, subject to the provisions of this compact and consistent with the policies of the Commission, shall be constituted and function as provided in the by-laws of the Commission. One-fourth of the voting membership of the steering committee shall consist of Governors, 1/4 shall consist of legislators, and the remainder shall consist of other members of the Commission. A Federal representative on the Commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of 2 years, except that members elected to the first steering committee of the Commission shall be elected as follows: 16 for 1 year and 16 for 2 years. The chairman, vice chairman, and treasurer of the Commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the Commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than 2 terms as a member of the steering committee; provided that service for a partial term of 1 year or less shall not be counted toward the 2 or more of the party States.
B. The Commission may establish such additional committees as its bylaws may provide.
ARTICLE VII. FINANCE
A. The Commission shall advise the Governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.
B. The total amount of appropriation re-quests under any budget shall be apportioned among the party states. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.
C. The Commission shall not pledge the credit of any party states. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III (G) of this compact, provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds avail-able to it pursuant to Article III (G) thereof, the Commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
D. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the Commission.
E. The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the Commission.
F. Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.
ARTICLE VIII. ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL
A. This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a Governor, the term "Governor", as used in this compact, shall mean the closest equivalent official of such jurisdiction.
B. Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same; provided, that in order to enter into initial effect, adoption by at least 10 eligible party jurisdictions shall be required.
C. Adoption of the compact may be either by enactment thereof or by adherence thereto by the Governor; provided, that in the absence of enactment, adherence by the Governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact through gubernatorial action, the Governor shall appoint those persons who, in addition to him-self, shall serve as the members of the Commission from his state, and shall provide to the Commission an equitable share of the financial support of the Commission from any source available to him.
D. Except for a withdrawal effective on December 31, 1967 in accordance with paragraph C of this Article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
ARTICLE IX. AMENDMENTS TO THE COMPACT
This compact may be amended by a vote of 2/3 of the members of the Commission present and voting when ratified by the Legislatures of 2/3 of the party states.
ARTICLE X. CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The pro-visions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the application thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.
History: 1978, PL 15-81.
16.0102 American Samoa Education Council.
There is established the American Samoa Education Council composed of the members of the Education Commission of the states representing this Territory, and 3 other persons appointed by the Governor for terms of 3 years. Such other persons shall be selected so as to be broadly representative of professional and lay interest within this state having the responsibilities for, knowledge with respect to, and interest in educational matters. The Chairman shall be designated by the Governor from among its members. The Council shall meet on the call of its Chairman or at the request of a majority of its members, but in any event the Council shall meet not less than 3 times in each year. The Council may consider any and all matters relating to recommendations of the Education Commission of the States and the activities of the members in representing this Territory.
History: 1 978, PL 15-81.
16.0103 Commission to send bylaws.
Under Article III (1) of the compact, the Com-mission shall file a copy of its bylaws, and any amendments, with the Chairman of the Council.
History: 1978, PL 15-81.
The Governor shall provide adequate appropriation for the implementation of the provisions of this chapter in his annual budget proposals under the Department of Education allocation.
History: 1978, PL 15-81.
Chapter 02
BOARD OF REGENTS
16.0201 Board of regents-Created-Membership-Meetings-Function.
16.0202 Board of regents-Transportation.
16.0210 Board of vocational education-Membership-Function.
16.0201 Board of Regents—Created— Membership-Meetings-Function.
(a) A Board of Regents is created to take the place of the former board of education.
(b) The Board shall consist of 9 members appointed by the Governor with the concurrence of the Senate and the House of Representatives. Two of the board members shall be appointed from Manu'a, 4 from the eastern district, and 3 from the western district. Appointment of Board members shall be for staggered terms of 2 and 3 years, but members shall serve until successors are appointed by the Governor.
(c) The Board shall meet quarterly and at such other times as determined by majority vote of the Board members or as called for by the Director of Education.
(d) The Board shall function as an Advisory Board to the Director of Education, who shall be an ex officio member of the board.
History: 1962, PL 7-15; 1970, PL 11-92.
16.0202 Board of Regents—Transportation.
Each member of the Board shall be issued a pass by the government good for 1 roundtrip public transportation between his village and the location of Board meetings. For his use in attending any meeting of the Board, any member residing in Manu'a shall receive a pass from the government good for 1 round trip between the village of his actual residence and Tutuila in addition to his daily transportation pass between the village of his residence in Tutuila and location of Board meetings.
History: 1970, PL 11-92.
16.0210 Board of vocational education- Membership-Function.
(a) The Board of Regents shall act as the Board of Vocational Education.
(b) The Director of Education shall serve as Executive Officer for the Board of Vocational Education.
(c) The Board of Vocational Education shall be responsible for the administration of a vocational education program for American Samoa.
History: 1970, PL 11-92.
Chapter 03
GENERAL PROVISIONS
16.0301 Standards for schools--Responsibility of Director of Education.
16.0302 Required attendance at schools.
16.0303 Responsibility of parents.
16.0304 Approval of content of courses on Samoan culture.
16.0305 Examination of employees.
16.0306 Preventive measures against diseases.
16.0307 Sanitary condition of buildings and surroundings.
16.0308 Truancy—Investigation--Notice to parents--Penalty.
16.0309 Immunization--Mandatory prior to school enrollment--Exceptions.
16.0301 Standards for schools--Responsibility of Director of Education.
The Director of Education shall determine for all types of schools efficient and adequate standards for the physical plant, lighting, ventilation, sanitation, safety, equipment and supplies, instruction operation, supervision, recognition and teaching, curriculum, library, maintenance, administration and he may grant certificates of to schools meeting such standards.
History: 1962, PL 7-15.
16.0302 Required attendance at schools.
Attendance at a public or private school shall be required of all children between 5 and 18 years of age inclusive, unless excused or excluded for good reason by the Director of Education.
History: 1962, PL 7-15; 1967, PL 10-10; 2006, PL 29-28.
16.0303 Responsibility of parents.
(a) Any adult person having the direct super-vision of a child for school purposes shall be regarded as the parent of the child, whether the natural parent or parent by adoption, or guardian or custodian, legal or otherwise.
(b) A parent is responsible for the regular attendance of his child during the period of legal school age.
History: 1962, PL 7-15.
16.0304 Approval of content of courses on Samoan culture.
Matters relative to Samoan custom, culture and traditions shall not be taught in the schools of American Samoa unless the materials to be taught have been approved by the Secretary of Samoan Affairs.
History: 1962, PL 7-15.
16.0305 Examination of employees.
Each public and private school employee shall be examined at least once every school year by the Department of Health, and the Department of Health may proceed in any case in such manner as it deems necessary to insure the public health and safety.
History: 1962, PL 7-15.
16.0306 Preventive measures against diseases.
The Department of Health may, when necessary, institute preventive measures against diseases among pupils and teachers including, but not limited to, vaccinations, inoculations, and prophylactic measures.
History: 1962, PL 7-15.
16.0307 Sanitary condition of buildings and surroundings.
It shall be the responsibility of principals, teachers, and pupils to keep the school buildings and surroundings in a sanitary condition in accordance with law and such rules as may be prescribed by the Director of Education or other proper authority.
History: 1962, PL 7-15.
16.0308 Truancy—Investigation--Notice to parents--Penalty.
(a) The truant officer, when notified by any school official, shall investigate all cases of truancy or nonattendance at school.
(b) If any parent fails to send any child under his control to some certified school, the truant officer shall, as soon as practicable after he is notified thereof, give notice to such person that such child shall be present at the proper public school on the day following receipt of such notice.
(c) The truant officer, after giving notice to any person having control of any child not attending school, shall determine whether the notice has been complied with, and if not complied with, the truant officer shall there-upon make complaint against such person before the district court wherein the person resides.
(d) Any person having control of a child who fails to comply with an order of the truant officer shall be fined not more than $15, or confined in prison for not more than 1 month, or both.
History: 1962, PL 7-15.
16.0309 Immunization--Mandatory prior to school enrollment--Exceptions.
Prior to a child's initial enrollment in any school in American Samoa, one of the following statements must be submitted to the principal or other person having general control and supervision of the school:
(1) a statement signed by a physician that the child has received a tine test for tuberculosis and immunization against red measles and German measles or rubella, poliomyelitis, diphtheria, whooping cough, and tetanus, by means approved by the chief health officer and that the immunization is currently effective; or
(2) a statement signed by a physician that the physical condition of the child is that immunization would seriously endanger the child's life or health; or
(3) a statement signed by the child's parent or guardian that the child has not been immunized as prescribed in paragraph (1) be-cause the child is being reared as an adherent of a religious denomination whose teachings are opposed to that immunization.
History: 1982, PL 17-33.
Chapter 04
Chapter 05
PUBLIC SCHOOLS
16.0501 Classification.
16.0502 Consolidated schools--Provision of buildings and teachers.
16.0503 Secondary schools--Responsibility of government.
16.0510 Language of instruction.
16.0511 Sectarian religious instruction--Voluntary prayers.
16.0512 Conduct of pupils.
16.0513 School fees.
16.0501 Classification.
There are 3 types of public schools: early childhood education, consolidated schools, and secondary schools.
History: 1962, PL 7-15; 1968, PL 10-45; amd 1977, PL 15-15 § 2.
Amendment: 1977 Substituted "There are 3 types" for "There shall be two types", and added "early childhood education" as one of the listed schools.
16.0502 Consolidated schools--Provision of buildings and teachers.
(a) Where 2 or more villages reach an agreement to consolidate their resources for the purpose of forming a public school, and approval has been secured from the Director of Education for such consolidation, the organization shall be called a "consolidated" school.
(b) It shall be the sole responsibility of the government to provide and maintain school buildings, to pay teachers' salaries, and to pro-vide qualified teaching personnel.
History: 1962, PL 7-15; 1968, PL 10-45.
16.0503 Secondary schools--Responsibility of government.
The secondary schools shall be developed as the sole responsibility of the government. The government shall provide personnel and provide and maintain adequate buildings and curricula suitable for academic, vocational, and teacher training courses for all qualified pupils.
History: 1962, PL 7-15; 1968, PL 10-45.
16.0510 Language of instruction.
Instruction in all public schools shall be in the English language, but the Samoan language may be used when necessary to facilitate teach-ing the English language.
History: 1962, PL 7-15
16.0511 Sectarian religious instruction--Voluntary prayers.
(a) Sectarian Religious Instruction. No sectarian religious instruction may be given in any public school. This may not be interpreted to prohibit prayers, scripture reading, or the singing of religious songs.
(b) Voluntary Prayers — Permissible. Voluntary prayers may be offered in public schools and public buildings under a policy adopted by the Director of Education for public schools or the Director of Public Works for public buildings, or in the absence thereof the principal or teacher in charge of students in public schools and the individual in charge of a public meeting may lead those assembled in a voluntary prayer.
History: 1962, PL 7-15; amd 1980, PL 16-89 § 1.
Amendments: 1980 Added new subsection (b) and designated previous section as subsection (a).
16.0512 Conduct of pupils.
Any person attending any class in any public school shall be designated as a pupil. It shall be the duty of every pupil to carry out the instructions of teachers and principal and to obey the school laws and regulations of the Director of Education pertaining to conduct and child welfare.
History: 1962, PL 7-15.
16.0513 School fees.
The Director of Education shall collect such fees as are required by regulations of the Governor for the maintenance of the public school program. Nonpayment of such fees shall be considered just cause for exclusion of a pupil from school.
History: 1962, PL 7-15.
Chapter 06
SPECIAL PUBLIC SCHOOLS
16.0601 Designation.
16.0602 Subject to rules and regulations.
16.0603 Financial subsidies.
16.0604 Part of public school system.
16.0601 Designation.
All public schools directly under the jurisdiction of the Department of Education that are supported wholly or partly by government appropriations, but are not part of the general education system, shall be designated as special schools.
History: 1962, PL 7-15.
16.0602 Subject to rules and regulations.
All special schools shall be subject to such rules and programs of study as may be prescribed for them by the Director of Education.
History: 1962, PL 7-15.
16.0603 Financial subsidies.
Financial subsidies for special schools by foundations or outside interests may not be al-lowed to interfere with the jurisdiction of the Director.
History: 1962, PL 7-15.
16.0604 Part of public school system.
Special schools shall be considered as part of the public school system.
History: 1962, PL 7-15.
Chapter 07
PRIVATE SCHOOLS
Sections:
16.0701 Designation--Certification--Contents of application.
16.0702 Session length requirement.
16.0703 Exemption from public school attendance.
16.0704 Curriculum requirements.
16.0705 Religious instruction.
16.0706 Required reports--Permanent enrollment records.
16.0701 Designation—Certification--Contents of application.
(a) All schools carrying on regular education-al work equivalent to the public school curriculum and receiving no government financial support shall be designated as private schools.
(b) No private school may operate without a certificate of authorization from the Department of Education, which shall be issued annual-ly based upon the inspection of the school. No school which does not maintain satisfactory standards of instruction, curriculum, and physical plant as prescribed by the Director of Education may be issued a certificate.
(c) Each school seeking authorization by the Director for the first time shall submit the following information:
(1) a statement of the aims and purposes of the school;
(2) the names and addresses of the sponsors and supporters of the school;
(3) the ages, grades and sex of the children to be enrolled;
(4) the amount of tuition to be charged;
(5) the curriculum to be pursued.
History: 1962, PL 7-15.
16.0702 Session length requirement.
Private schools must be in session the same number of days as public schools, though not necessarily between the same dates.
History: 1962, PL 7-15.
16.0703 Exemption from public school attendance.
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/as/legis/consol_act/ei271