EDUCATIONAL
INSTITUTIONS
Chapters:
04 (Reserved)
09 (Reserved)
11-14 (Reserved)
17-19 (Reserved)
20 American Samoa Community College Board of Higher Education
21 American Samoa College Research Foundation
22-24 (Reserved)
Sections:
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 preparatory step, subject to later
appropriation, to ratifying the Compact for Education and thus joining the
Education Commission 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
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 encourage
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
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, knowledge 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 leadership.
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 nonvoting 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 Commission.
F. The Commission may borrow, accept or contract
for the services of personnel from any party jurisdiction, the
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
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 compact.
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 bylaws 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 requests
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 available 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
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
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 provisions 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: 1978, PL 15-81.
16.0103 Commission to send
bylaws.
Under
Article III (1) of the compact, the Commission shall file a copy of its
bylaws, and any amendments, with the Chairman of the Council.
16.0104 Appropriation.
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.
Sections:
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
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
History: 1970, PL 11-92.
Sections:
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 supervision 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
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 thereupon 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)
because the child is being reared as an adherent of a religious denomination
whose teachings are opposed to that immunization.
History: 1982, PL 17-33.
(RESERVED)
Chapter
05
Sections:
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 provide 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 teaching the English language.
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.
Sections:
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 allowed
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 educational
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 annually 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.
Children
attending authorized private schools may not be required to attend public
schools.
History: 1962, PL 7-15.
16.0704 Curriculum
requirements.
Private
school officials shall include in their curriculum such material as the
Director of Education may require in the interest of good citizenship.
History: 1962, PL 7-15.
16.0705 Religious
instruction.
The
Department of Education may not interfere with any religious instruction given
in private schools.
History: 1962, PL 7-15.
16.0706 Required
reports-Permanent enrollment records.
(a) Each private school shall submit monthly
enrollment reports.
(b) Each private school shall annually submit the
following:
(1) a calendar for the school year;
(2) a list of all teachers, showing names, ages,
experience, and professional qualifications;
(3) a certificate of health for each teacher;
(4) a list of the curriculum and books to be used,
by grades;
(5) a schedule of classes.
(c) Private school officials shall maintain
permanent record cards on each pupil enrolled.
History: 1962, PL 7-15.
Chapter 08
Sections:
16.0801 Designation.
16.0802 Interference with public school work—Modification
of program.
16.0801 Designation.
Schools
organized by pastors and held outside of regular public school hours shall be
designated as faifeau schools.
History: 1962, PL 7-15.
16.0802 Interference with
public school work--Modification of program.
Whenever
the Director of Education is convinced that a faifeau school is interfering
with the work of the public schools, he shall have the authority to determine
the time and hours of their instruction and to enforce a modification of their program
of study.
History: 1962, PL
7-15.
Chapter 09
(RESERVED)
TEACHING
PERSONNEL
Sections:
16.1001 Classification—Certification.
16.1002 Duties and responsibilities.
16.1001 Classification—Certification.
(a) Teaching personnel shall be classed as
teachers, principals, supervisors, education specialists, and such other
classes as may be prescribed by the Director of Education.
(b) No person may be employed as a member of the
teaching personnel who is not of good character and in good health. All members
of the teaching personnel must hold a certificate of qualification granted by
the Department of Education.
History: 1962, PL 7-15.
16.1002 Duties and responsibilities.
The
duties and responsibilities of the teaching personnel shall be to perform the
professional work necessary to carry out the official course of study of
History: 1962, PL 7-15.
(RESERVED)
Chapter 15
EARLY
CHILDHOOD EDUCATION
Sections:
16.1501 Establishment of program.
16.1502 Administrator—Powers and duties.
16.1501 Establishment of
program.
There
is established, within the Department of Education, an early childhood
education program to be headed by an administrator appointed by the Director
of Education.
History: 1977, PL 15-15 § 1.
16.1502 Administrator--Powers
and duties.
The
early childhood education program administrator has the following powers and
duties:
(1) to design, develop, and review annually a
comprehensive Territory-wide, community-based program to meet early childhood
needs;
(2) to
supervise, apportion, and administer the expenditure of all Territorial and
Federal funds utilized for early childhood education;
(3) to apply for, receive, and administer funds
which are, or may become, available under federal programs pertaining to child
education, including funds for administration, demonstration projects,
construction, or acquisition of facilities, training, technical assistance,
planning, and evaluation;
(4) to assist children and their parents or
guardians in obtaining the assistance and service which the child needs and
which are provided by the Territory;
(5) to
develop a program to inform the public concerning comprehensive early childhood
education;
(6) to provide for the regular evaluation of all
early childhood education;
(7) to
adopt rules, without reference to the Administrative Procedure Act, 4.1001 et
seq., for the implementation of the powers and duties prescribed within this
section; and
(8) to
report and make recommendations to the Director for improvement of
comprehensive early childhood education programs.
History: 1977, PL 15-15 § 1.
Sections:
16.1601 Short title.
16.1602 Purpose.
16.1603 Definitions.
16.1604 Divisions of special
education—Administration.
16.1605 Identification.
16.1606 Funding--Federal aid.
16.1601 Short
title.
This
act shall be known and may be cited as the “American Samoa Special Education
Act of 2000.
History: 1977, PL 15-1 § 1,
1993 PL 23-3, 2000,PL 26-33.
16.1602 Purpose.
The
Legislature of American Samoa recognizing the obligation of the Territory
under Article 1, Section 15 of the Constitution of American Samoa to provide
“free . . . public education” and recognizing the concept that all children
should have available to them educational opportunities that will enable them
to lead satisfying and productive lives, hereby declares that it is the policy
of the Government of American Samoa and the purpose of this Act to provide a
free appropriate public education for all children with disabilities. To the maximum extent appropriate, children
with disabilities, including children in public or private institutions or
other care facilities, shall be educated with children who do not have
disabilities and that special classes, separate schooling or other removal of
children with disabilities from the regular classroom environment occurs only
when the nature or severity of the disability is such that education in regular
classes with the use of supplemental aids and services cannot be achieved
satisfactorily. Special Education and
related services shall be provided to a child with a disability in accordance
with the child’s Individualized Education Plan (IEP) or an Individualized
Family Service Plan (IFSP). An IEP or an
IFSP shall be developed, reviewed, and revised at least annually in accordance
with all federal mandates. Children with
disabilities who have been suspended or expelled from school shall not be
denied a free appropriate public education.
History: 1977, PL 15-1 § 2;
amd 1993, PL 23-3, 2000, PL 26-33.
16.1603 Definitions.
As
used in this chapter:
(1) "Children with disabilities"
include those persons three through 21 years of age who have mental
retardation, hearing impairments including deafness, speech or language
impairments, visual impairments including blindness, serious emotional
disturbance, orthopedic impairments, autism, traumatic brain injury, other
health impairments, specific learning disabilities deaf-blindness or multiple
disabilities who because of those disabilities need special education and
related services.
(2)
“Department” means the Department of Education.
(3)
“Director” means the Director of Education.
(4)
“Special Education” means;
(A) specially designed instruction, at no cost to
the parents, to meet the unique needs of a child with a disability, including;
(i) instruction conducted in the classroom, in
the home, in hospitals and institutions, and in other settings; and
(ii)
instruction in physical education.
(B) including speech language pathology services, or any other
related service, if the service is considered special education rather than a
related service under state standards.
(C) vocational education and travel
training. The terms in this definition
are defined as follows:
(i)
"At no cost" means that all specially
designed instruction is provided without charge, but does not preclude
incidental fees that are normally charged to nondisabled students or their
parents as a part of the regular education program.
(ii)
"Physical education" is defined as
follows:
(a)
the development of - (1) physical and motor
fitness; (2) fundamental motor skills
and patterns; and (3) skills in
aquatics, dance, and individual and group games and sports (including intramural
and lifetime sports); and
(b)
special physical education, adaptive physical
education, movement education, and motor development.
(iii) “Specially designed
instruction” means adapting, as appropriate to the needs of an eligible child
the content, methodology or delivery of instruction to address the unique needs
of the child that result from the child’s disability and to ensure access of
the child to the general curriculum so that he or she can meet the educational
standards within the Territory that to all children.
(iv) “Travel training” means
providing instruction, as appropriate to children with significant cognitive
disabilities, and any other children with disabilities who require this
instructor, to enable them to develop an awareness of the environment in which
they live, and learn the skills necessary to move effectively and safely from
place to place within that environment (e.g., in school, in the home, at work,
and in the community).
(v) “Vocational education” means
organized educational programs that are directly related to the preparation of
individuals for paid or unpaid employment or for additional preparation for a
career requiring other than a baccalaureate or advance degree.
(5) “Related
services” means those services included in “related services” as defined by
federal rules and regulations authorized by 20 U.S.C. 1401 (22).
History: 1977, PL 15-1 § 3;
amd 1993, PL 23-3, 2000, PL 26-33.
16.1604 Division of special
education--Administration.
(a)
There is established within the Department a Division of Special Education
which is headed by a Director of Special Education, who shall be qualified by
education, training, and experience to take responsibility for, and give
direction to, the programs of
(b)
The Director, together with the board of regents, shall establish and make
studies, surveys, evaluations, policies, and adopt rules necessary maintain
this program and shall delegate the authority for general supervision of all
educational programs serving students with disabilities in public agencies to
the Director of the Division of Special Education. Monitoring, program evaluation and the
implementation of programs meeting the standards of the Department shall be the
responsibility of the Division.
(c)
The Director shall submit to the Legislature and to the Office of the Governor
not later than 10 January of each year, an annual report and current
Territorial Special Education Plan.
(1)
The annual report shall include, but not be limited to: the current enrollment
of children with disabilities; their geographic location, the programs and
services provided them; and, the source of funding.
(2)
The Territorial Special Education Plan shall be submitted as required by
federal mandates.
History: 1993, PL 23-3, 2000, PL 26-33.
16.1605 Identification.
The
Director shall establish, in cooperation with other appropriate governmental
agencies policies and procedures to ensure that all children with disabilities
in the Territory are identified, located and evaluated in accordance with
federal mandates.
History: 1977, PL 15-1 § 5;
amd 1993, PL 23-3, 2000, PL 26-33.
16.1606 Funding--Federal
aid.
(a) Federal aid.
The Department may apply for, administer, receive, and expend any
federal aid for which the Territory may be eligible in the administration and
operation of its special education program. If this aid is available for a
multistate, territorial, or regional program in which this Territory
participates, the Department may apply for and devote all or a portion of the
federal aid to the multistate, territorial, or regional program.
(b) The Department shall budget for each disabled
child at least that amount budgeted for the education of each non-disabled
child.
History: 1977, PL 15-1 § 6;
amd 1993, PL 23-3
.
(RESERVED)
Chapter 20
Sections:
16.2001 Establishment of American Samoa
Community College.
16.2002 Powers and duties of the
college.
16.2003 Establishment of the Board of
Higher Education.
16.2004 Board of Higher Education,
powers and duties.
16.2005 President of the College.
16.2006 Personnel.
16.2007 Assumption of Role.
16.2008 Budget.
16.2009 Fiscal Management.
16.2010 Independent Audit Reports,
Consultants, Annual Reports.
16.2011 American Samoa Community College
Land Grant Endowment Fund.
16.2001
Establishment of the
There is establishment an
institution of higher learning known as the
History: 1992, PL 22-30.
16.2002 Powers and duties of the College.
The
(1)
may sue and be sued;
(2)
may adopt and use a seal;
(3)
may make contracts, as authorized in this
chapter;
(4)
may adopt, amend and repeal bylaws;
(5)
may purchase or lease and hold personal property
it considers necessary or convenient in the transaction of its business, may
dispose of personal property held by it;
(6)
has the power in the name of the government to
purchase, lease, or sell real estate, and accept title to that real estate in
the name of the government; to accomplish the purposes of this chapter;
(7)
may procure or contract for the procurement of
supplies, equipment, materials, personal services other than by employees, and
construction with any public or private entity upon terms and conditions as it finds
necessary to the full and convenient exercise of its purposes and powers,
subject to all applicable laws and rules of American Samoa; and shall receive
and account for its inventory of materials;
(8)
shall develop a program of education to meet the
current and future needs of
(9)
shall develop and establish a Samoan and Pacific
Studies Program to promote interest in, and awareness of the culture, including
language, and affairs of American Samoa and other islands of the Pacific; the
Samoan and Pacific Studies Program shall include, but not limited to programs
for the development of cultural, educational, training, and research programs for
the people of Polynesia and other islands of the Pacific.
(10) shall
develop and establish an Adult Education and Literacy Program for
(11) shall
develop and establish a program in response to Federal laws relating to the
Land Grant Program;
(12) shall
fix schedules of tuition rates and fees for educational service and shall
establish rules and procedures, in accordance with 4.1001 et seq., for the
provision of such services;
(13) may
accept on behalf of the government from any other government or governmental
agency, or from any other public or private body, or from any other source,
grants, contributions of money or property which the college may use for or in
aid of any of its purposes;
(14) adopt
other rules pursuant to 4.1001 et seq., not inconsistent with the provisions of
this chapter or with the rules of government, that are necessary and proper for
the administration and operation of the college;
(15) exercise
all other powers, not inconsistent with the provisions of this chapter or with
the rules of the government, which may be reasonably necessary or incidental to
the establishment, maintenance, and operation of an institution of higher
learning.
History: 1992, PL 22-30.
16.2003 Establishment of –Board of Higher Education.
(a)
The Board of Higher Education is established. The Board shall consist of the Director of
Education and 7 members, 6 of whom are appointed by the Governor with the
advice and consent of the Legislature.
The Board members shall serve without compensation or other emoluments.
(b)
In order to provide continuity in the work of the
Board, the term of office of 6 of the Board members shall be for 4 years and
shall be so arranged as not to expire at the same time. Members shall serve until their successors
have been qualified. Vacancies shall be
filled in the same manner as original appointments.
The 7th member of the Board is a 2nd year student
of the college elected at a schoolwide election during the first week of
school. This member serves a one-year
term and may be reelected. Vacancies are
filled by an election held within 1 week of the knowledge of a vacancy.
History: 1992, PL 22-30.
16.2004 Board of Higher Education--Powers and duties.
The Board of Higher Education, in
addition to other provisions of this chapter:
(1)
shall serve in a supervisory capacity and as
such, shall function to supervise the implementation of the powers and duties
of the college;
(2)
shall select its chairman and other officers from
among its own membership;
(3)
may change the name of the college, with approval
of the Legislature;
(4)
shall review and approve the educational program
of the college;
(5)
shall grant diplomas, certificates, degrees or
other honors; and
(6)
shall adopt the seal of the college.
History: 1992, PL 22-30.
16.2005 President of the College.
The Board of Higher Education
shall select the President of the college.
The selection of the President shall conform to rules, regulations and
criteria promulgated by the board and made available for public inspection. Subject to government employee laws 7.0101
et. seq., and rules and procedures of the college, the President serves at the
pleasure of the Board.
History: 1992, PL 22-30, 2003, PL 28-1.
16.2006 Personnel.
All officers and employees of
the college, except the president, are appointed or hired and compensated in
accordance with the requirements of the government employee laws 7.0101 et.
seq., except that the college may adopt administrative rules, pursuant to
4.1001 et seq., to supplant government employee laws and rules in the specific
categories of personnel recruitment, assignment, transfer, employment,
termination of employee services, disciplinary actions, and compensation at
levels comparable to higher education management and employee levels.
History: 1992, PL 22-30.
16.2007 Assumption of role.
The college shall assume, upon
approval of this Act, full responsibility and right to operate all items of
property, including any construction in progress, equipment, and machinery used
under the previous status of operation by the college. All property jointly used by the college and
government, except the infirmary located on campus, are hereby transferred to
the college. Future capital
contributions to the college from the government must be by separate
authorization and appropriation. The Legislature
has the exclusive power to provide supplemental funding for the operations of
the college.
History: 1992, PL 22-30.
16.2008 Budget.
(a)
The basic source of financing the college is the
government through its regular budget process.
The government shall provide a minimum appropriation from local revenues
for the operation and programs of the college based on the actual cost of
$2,820 per full time equivalent student, as has been determined by current,
actual fall and projected spring and summer class schedules, with an annual
inflationary adjustment of 4.8 percent.
(b)
At the appropriate time the college shall submit
to the Governor, upon approval of the board, a budget of estimated expenditures
for the next fiscal and academic years.
The budget shall contain separate estimates for capital outlay expenses
and operational expenses and shall be submitted in such form and detail as may
be required by applicable laws and rules of the government.
(c)
Each budget shall identify clearly the amount or
amounts requested to be appropriated, the amount or amounts available or
estimated to be available from gifts, grants, donations, or other sources, and
the amount or amounts for which application is being made or is to be made for
federal aid.
History: 1992, PL 22-30.
16.2009 Fiscal Management
Further to 16.1001 and 16.1004, the college is
responsible for the management and operation of its fiscal affairs. It shall establish procedures based on
principles of sound bookkeeping and fiscal management, with the approval of the
Board, for the administration of all accounting systems, including but not
limited to general ledger, fixed assets, accounts receivable, accounts payable,
payroll, and cash. The college shall
submit quarterly performance reports to the Office of Program Planning and
Budget as required by 10.0509.
History: 1992, PL 22-30.
16.2010 Independent audit reports--consultants--Annual Reports.
(a)
The college shall employ a firm of independent
certified public accountants to examine and report each year upon the status of
financial records and accounts, and may renew that employment annually. Copies of these reports shall be furnished by
the college to the Governor and Legislature.
(b)
The college may make intergovernmental or
contractual agreements for expert consultants to advice or consult with it in
all matters related to the operation of the college, including tuition fees,
systems design, plant design, planning, budgeting, and legal matters.
(c)
The college shall provide an annual report for
each fiscal year, which shall estate investment trusts, and other securities
selected by the Board with the care of a prudent man. The word “property” excludes lands for sites
or experimental farms of the college, and buildings including the purchase,
erection, and preservation or repair thereof, except as permitted by federal
laws.
History: 1992, PL 22-30.
16.2011
(a)
For the purpose of compliance with federal law
designating the
(b)
The $3,000,000 received from the United States
Government in support of the college as a
(c)
All income from investment of the principal sum
shall be credited to the account of the Fund, and shall be appropriated by the
Legislature in the annual fiscal year appropriations act solely for the
operation of the Land Grant programs of the college. Appropriations of income shall be made only
after the Board of Higher Education has submitted to the Legislature
recommendations on the use of the income.
The Legislature may authorize reinvestment of the income to accumulate sufficient
funds for specific purposes, related to land grant operations.
(d)
The Board of Higher Education has full power and
authority, subject to approval of the Legislature, to direct the investment and
reinvestment of the fund without distinction between principal and income as it
considers desirable; as long as the investment income is available for
appropriation in accordance with subsection (c) in property as defined in
subsection (e) provided that the investment shall yield a fair and reasonable
annual rate of return, which is fixed at no less than 5 percentum per annum of
the amount invested. The Board may
invest and reinvest the fund in property in which a prudent man familiar with
those matters and using care, skill, prudence, and diligence would invest in
the conduct of an enterprise of like character and with like aims, insuring
that the investments of the fund are diversified so as to minimize the risk of
large losses unless to do so would clearly not be prudent. The power to manage investments includes, but
is not limited to, the power to hold, purchase, sell, convey, assign, transfer,
dispose of, lease, subdivide, or partition any assets held or proceeds thereof,
to execute or cause to be executed relevant documents; to enter into protective
agreements, executives proxies, and grant consent; and to do all other things
necessary or appropriate to its position as an owner or creditor.
(e)
Except as otherwise provided herein, the word
"property" means real property, United States Government securities
and agency issues, state and municipal bonds, corporate bonds, real estate
mortgages, common and preferred stock, mutual funds, convertibles, real estate
investment trusts, and other securities selected by the Board with the care of
a prudent man. The word "property"
excludes lands for sites or experimental farms of the college, and buildings
including the purchase, erection, and preservation or repair thereof, except as
permitted by federal laws.
History: 1992, PL 22-30.
Chapter 21
Sections:
16.2101 American Samoa College
Research Foundation established.
16.2102 Research
foundation—Objective and functions.
16.2103 Foundation—Corporate
powers.
16.2104 Board of Trustees.
16.2105 Board—Powers and duties.
16.2106 Personnel—Duties.
16.2107 Investment of funds.
16.2108 Conflicts of interests—
Prohibited acts.
16.2109 Existence for public
education benefit—Tax exempt status—Liability for obligations.
16.2110 Accounting and budget.
16.2111 Independent audit
reports—Annual reports.
16.2112 Malfeasance of director.
16.2113 Larceny and
fraud—Penalty.
16.2101
There
is established the American Samoa College Research Foundation. The Foundation
shall be a non-profit, tax exempt public corporation having the purpose of
supporting the
History: 1987, PL 20-22 § 2.
16.2102 Research
Foundation—Objective and functions.
The functions of the
Foundation are to:
(a)
Promote all educational, scientific, literary, Samoan cultural and humanitarian
pursuits by encouraging, initiating, aiding, supplementing, developing and
implementing educational programs which contribute to the attainment of the
goals and objectives of the College.
(b)
Enter into and administer grant contracts or agreements with federal,
territorial and international governmental agencies, and other relevant
agencies, which will enable the research foundation to perform the functions
stated in subsection (a).
(c)
Receive and administer funds from grants, contracts, endowments, individuals,
gifts or bequests of property and to prudently invest such in a manner that
will promote maximum financial growth.
(d)
Serve as trustee or beneficiary under terms of gifts, endowments, indentures or
wills.
(e)
Apply for, and obtain, receive, hold, and dispose of copyrights, patent rights,
licenses, assignments of inventions, discoveries, processes and other property.
(f) Conduct research, studies, investigations,
experiments and tests in all fields of study.
(g) Coordinate and correlate all other activities
of the college, both administrative and fiscal, as are delegated to the
Foundation from the Board of Higher Education.
(h) Establish, maintain, or assist in the establishment
and maintenance of scholarships, professorships, sabbatical leaves and staff
positions at the college.
(i) Prepare, print and publish manuscripts,
research articles, reports, and documents of similar nature.
History: 1987, PL 20-22 § 2.
16.2103 Foundation--Corporate
powers.
The
corporate powers of the Foundation shall be as follows:
(a) The Foundation shall begin its corporate
existence upon the issuance of a certificate of incorporation by the Treasurer
after approval by the Governor.
(b)
The principal office of the Foundation shall be located on the
(c)
The Foundation is authorized to engage in and carry out the functions set forth
in section 16.2102.
(d) In
performing the functions authorized in subsection (c), the Foundation shall
have and exercise all lawful powers normally exercised by eleemosynary
corporations under the laws of
(1) adopt, alter and use a corporate seal;
(2) adopt, amend and repeal bylaws governing the
conduct of its business and exercise of its powers;
(3)
sue and be sued in its corporate name;
(4) acquire in any lawful manner, real, personal,
or mixed property, either tangible or intangible, to hold, maintain, use and
operate such property, and to sell, lease, or otherwise dispose of such
property.
(e)
The bylaws shall provide for the management of the business of the Foundation,
the organization, meetings, and procedures of the Board, the duties of the
officers of the Foundation the officers required to furnish bonds and the
amounts thereof, the form of the seal of the Foundation and the preparation and
submission of required reports. Bylaws may not be adopted, amended or repealed
except after one week’s written notice to each trustee.
History: 1987, PL 20-22 § 2.
16.2104 Board of Trustees.
(a)
The affairs and corporate powers of the Foundation shall be managed and
exercised by a Board of Trustees.
(b) There shall be 11 members of the Board, nine
whom shall be voting members and two of whom shall be non-voting ex-officio
members. The voting members shall be comprised of 1 paramount chief or other
traditional community leader, 1 member of the Board of Higher Education other
than the chairperson, 1 member of the college administrative staff other than
the President, 2 members of the college faculty, 3 members of the general
public, and 1 member of the college student government association. The
non-voting ex-officio members shall be the President of the college, who shall
be the Chairperson of the Board, and Chairperson of the Board of Higher
Eucation.
(c)
The first Board shall be chosen by the 2 ex-officio members in compliance with
representative capacities set forth in subsection (b) and serve terms of 18
months from the issuance of the certificate of incorporation of the Foundation.
(d)
Other than the student, college administrative staff and college faculty
members, succeeding Boards shall be elected by the incumbent members from
nominations by the general public and serve terms of 1 year. Nominations shall
be solicited from the general public no later than 90 days and the election
shall be held no later than 30 days before the end of the term of office of the
current Board. Elections shall be by
secret ballot requiring two-thirds majority to win.
(e)
The student member shall be elected by the members of the student government
association. The college faculty members shall be elected by the college
faculty. The college administrative staff member shall be appointed by the
college president.
(f)
Vacancies in the Board by reason of resignation, death or other cause shall be
filled for the remainder of the term of office by appointment of the
Chairperson; provided that the appointment fulfills the membership category
requirement of the vacancy.
(g)
The initial meeting of the Board shall be convened by the Chairperson at which
time they shall elect a vice-chairperson, secretary, and treasurer.
(h)
Five voting members of the Board shall constitute a quorum and the concurrence
of a majority of the members present shall be necessary for the validity of
its official actions.
(i)
The Chairperson shall be the agent of the Foundations upon whom any process,
notice or demand required or permitted by law to be served upon the Foundation
may be served. In the absence of the Chairperson, any other member of the
Board shall be the agent for receiving service of process, notice or demand.
History: 1987, PL 20-22 § 2.
16.2105 Board--Powers and
duties.
(a)
The Board shall have the following powers and duties:
(1) serve as Trustees of the Foundation;
(2)
enter into and be responsible for the performance of local, territorial,
federal and international contracts and grants;
(3)
sell, lease, rent, hold, maintain, use and operate any property held by the
Foundation in accordance with applicable law;
(4)
coordinate programs with the Community College, government and any other
relevant agency;
(5)
stimulate and promote cooperative educational projects and activities;
(6)
establish, maintain, or assist in the establishment and maintenance of
scholarships, professorships and sabbatical leaves;
(7) be
available for monthly Board meetings:
(8)
refrain from political activities or pressures when dealing with Foundation
business; and
(9) do
all acts reasonably necessary to carry out the functions of the foundation.
(b)
The Board may establish standing or ad hoc committees to assist in carrying out
its powers and duties.
History: 1987, PL 20-22 § 2.
16.2106 Personnel—Duties.
(a) The Board shall appoint an Executive Director
of the Foundation. The Executive Director shall be in charge of the
administration of the detailed affairs of the Foundation. He shall keep all
books, records, files, and accounts of the Foundation. He shall prepare
periodic reports relative to the operations of the Foundation and an annual
report at the close of each fiscal year reflecting the results of the financial
operations of the Foundation and embodying all important financial and statistical
data pertinent to its operation.
(b)
Subject to the approval of the Board, the Executive Director may employ an
assistant director and such clerical and other staff as shall be necessary for
the proper administration of the Foundation. Subject to the approval of the
Board, the Executive Director may also engage legal, accounting or other
professional services to assist in the affairs of the Foundation.
(c) The Executive Director, assistant director
and full-time clerical and other staff are employees of the government, under
the direction of the Board, not career service employees. Their paychecks are
to be issued by the government, and the Board will promptly reimburse the
government for all such direct expenses.
(d) Subject to Board approval, the Chairperson
will appoint the research and development administrator of the college to serve
as the liaison between the college and the Foundation. The research and
development administrator will have the primary responsibility of establishing
regional, national and international linkages, securing funding sources and
grants or contracts and will report directly to the Board Chairperson. This
person will not be a member of the Board but will serve as the educational
grants consultant to the Board. This position is a college administrative
position but will be located in the
Foundation office and serve as part of the Foundation administrative team.
History: 1987, PL 20-22 § 2.
16.2107 Investment of
funds.
(a)
The Board has full power and authority to direct the investment and
reinvestment of the fund of the Foundation without distinction between
principal and income, in property (defined in (b) below) it considers
advisable. The Board may invest and reinvest the fund in property in which a
prudent man familiar with those matters and using care, skill, prudence, and
diligence would invest in the conduct of an enterprise of like character and
with like aims, insuring that the investments of the fund are diversified so as
to minimize the risk of large losses unless to do so would clearly not be
prudent. The power to manage investments includes, but is not limited to, the
power to hold, purchase, sell, convey, assign, transfer, dispose of, lease,
subdivide, or partition any assets held or proceeds thereof, to execute or
cause to be executed relevant documents: to enter into protective agreements,
execute proxies, and grant consent, and to do all other things necessary or
appropriate to its position as an owner or creditor.
(b)
“Property” means and includes real, personal, and mixed property of any and
every kind and nature, including but not limited to, bonds, preferred or common
stocks, mortgages, interests in any kind of investment trust or common trust
fund, notes, leases, oil or gas royalties, or other evidence of rights,
interests or obligations, secured or unsecured, and whether or not they are of
a wasting asset nature.
(c)
All proceeds and income from investments, of whatever nature, must be credited
to the account of the Foundation. Transactions in marketable securities are
carried out at prevailing market prices.
(d) Investments may be held in bearer form, or may
be registered either in the name of the Fund or the nominee of the custodian.
(e)
Due bills may be accepted from brokers against payment for securities
purchased, pending delivery within a reasonable period of time of certificates
representing the investments.
(f)
Investments may not be made if, after the investment, the Foundation would own:
(1) any combination of obligations of any one political
subdivision, corporation or other single issuing entity in excess of five
percent of Foundation assets at cost. This paragraph does not apply to general
obligations of the
(2)
obligations of the Dominion of Canada, together with its political subdivisions
and corporations organized under its law or the law of its provinces in excess
of 10 percent of Foundation assets at cost: or
(3) obligations or other investments issued or
guaranteed by the government in excess of 10 percent of Foundation assets at
cost; provided, however, that this limitation does not apply to the obligations
or other investments that are unconditionally guaranteed as to principal and
interest by, or supported by lease assignment from, another entity whose
principal business is outside of American Samoa.
(g)
The Board may engage one or more financial institutions as custodians to assume
responsibility for the physical possession of Foundation investment assets or
evidences of investment assets. The custodian submits reports, accounting, and
other information in a form and at such time as requested by the Board. All
costs incurred for custodial services are paid by the Foundation. The custodian
holds all investment assets for the account of the Foundation and acts only
upon instructions of the Board. Custodians may not be engaged unless they:
(1) have been continuously engaged in rendering
trust investment services for a period of 10 or more years;
(2)
are organized under the laws of the
(3)
are custodians for not less than 20 corporate, municipal or governmental trust
funds with total assets of not less than $30,000,000.
(h) In order to secure expert advice and counsel,
the Board may engage an investment agent or a firm or corporation which is an
investment counselor as qualified by this subsection. The custodian may be
engaged as the investment agent. All costs incurred in this connection are paid
by the Foundation. Firms or corporations may not be eligible for employment as
investment agent which acts as principal for its own account or as broker for a
client other than the Foundation in connection with the sale of any security to
or the purchase of any security from the Foundation. Investment agents may not
be engaged unless:
(1)
the principal business of the firm or corporation selected by the Board
consists of rendering investment supervisory services: i.e., the giving of
continuing advice concerning investment of funds on the basis of the
individual needs of each client; and
(2)
the principal control of the firm or corporation rests with individuals who
are actively engaged in the business; and
(3) the person, firm, or corporation is registered
as an investment advisor under the
(4)
the contract between the board and the investment agent is of no specific
duration and is voidable at any time by either party; and
(5)
the person, firm, or corporation certifies, in writing, to the Board, that the
assets under its direct investment supervision are in excess of $30,000,000.
The Board establishes and may from time to time change operating arrangements
with the investment agent in order to facilitate efficient management and
timely investment action. Investment may not be made unless in the opinion of
the investment agent it is an appropriate investment for the Foundation and is
an authorized investment, or in the absence of that opinion, unless preceded by
a resolution of the Board directing the investment.
History: 1987, PL 20-22 § 2.
16.2108 Conflicts of
interests—Prohibited acts.
A
member or an employee of the Board may not have any direct or indirect interest
in the income, gains or profits on any investment made by the Board, or receive
any pay or emolument for services in connection with any investment made by the Board. A
member or an employee of the Board or an agent engaged by the Board may not
become an endorser or surety or in any manner an obligor of investment made by
the Foundation or for money loaned by or borrowed from the Foundation nor may
the members, employees, or agents be held liable for actions taken in good
faith and in performance of their duties.
History: 1987, PL 20-22 § 2.
16.2109 Existence for
public education benefit--Tax exempt status--Liability for obligations.
The
Foundation exists and operates solely for the benefit of public education and
is exempt from any taxes or assessments on any of its property, operations, or
activities. The Foundation is liable for its debts and obligations. The
government is not responsible for any such debts or obligations except in such
cases where federal program regulations require provisional support by a
government agency or the government itself.
History: 1987, PL 20-22 § 2.
16.2110 Accounting and budget.
The
Foundation shall have full responsibility for the accounting and financial
management of the Foundation, and shall administer or contract with the
government for the administration of all accounting systems, including general
ledger, fixed assets, accounts receivable, accounts payable, payroll, and cash.
It shall establish proper internal accounting controls and procedures, and it
shall prepare an annual budget for American Samoa Government allocated funds as
a part of the Governor’s budget process.
History: 1987, PL 20-22 § 2.
16.2111 Independent audit
reports—Annual reports.
(a) The
Foundation shall employ a firm of independent certified public accounts,
subject to the approval of the Chairperson, to examine and report upon the status
of financial records and accounts. This examination shall culminate in an
annual audit of all grants, investments, operational funds, and any other
necessary standards. The full Board shall serve as the Foundation’s audit
review committee and shall meet with the auditors. Copies of the audit reports
shall be furnished to the Governor, the Legislature, the Board, the College
President, and made available to the public. The employment of the independent
certified public accounting firm may be renewed annually.
(b)
The government shall have the right through the Territorial Audit Office to
examine the affairs of the foundation at reasonable intervals to insure that
the Foundation is operating its affairs on a sound businesslike basis.
(c)
The Foundation shall provide an annual report for each fiscal year to the
President of the Community College, Governor, the Legislature, and the people
of
History: 1987, PL 20-22 § 2.
16.2112 Malfeasance of
Director.
Any
director who, under color of his office, violates any law or knowingly or
negligently permits any officer, agent, or employee of the Foundation to
violate any law, or any provision of the Foundation’s charter or bylaws, shall
be subject to removal from the Board by petition to the High Court of American
Samoa. If the court finds that the respondent director is subject to removal
under this section, the court shall order his removal and provide for such
other relief as the court deems just and appropriate.
History: 1987, PL 20-22 § 2.
16.2113 Larceny and fraud—Penalty.
Any
director, officer, employee, or agent of the Foundation who, with the intent to
injure or defraud the Foundation or any other person, embezzles, steals, or
misapplies any moneys, funds, credits, or securities; makes any false entry in
a book, report, or record; or performs any other fraudulent act; and any person
who, with like intent, aids or abets any director, officer, employee or agent
in any of the acts described in this section is guilty of a class C felony.
History: 1987, PL 20-22 § 2.
(RESERVED)
Chapter 25
STUDENT
FINANCIAL AID
Sections:
16.2501 Repealed.
16.2501.1 Definitions.
16.2502 Student Financial Aid
Fund established.
16.2503 Student Financial Aid Board—Members—Term.
16.2504 Board—Powers—Duties.
16.2505 Financial
aid—Amount—Exceptions.
16.2506 Financial
aid--Duration--Renewal--Conditions.
16.2507 Financial
aid--Eligibility.
16.2508
Financial aid categories.
16.2509 Financial
aid--Contracts--Obligations--Exceptions.
16.2510 Student
travel grant.
16.2511 On-island students.
16.2512 Job opportunity
reports.
16.2513 Counseling for
applicants for student financial aid-- Monitoring
of recipients.
Reviser’s Comment: Section 1 of PL 17-36 set out new chapter title.
16.2501 Limit.
Repealed by PL 17-36 §
1.
16.2501.1 Definitions.
As
used in this chapter unless the context otherwise requires:
(a) “Board” means the Student Financial Aid Board.
(b) “Education costs” means those costs of a
student’s tuition, laboratory fees, books and supplies, room and board, and
college-offered health or hospital insurance coverage.
(c) “Education institution” means an accredited
institute of higher learning.
(d) “Financial aid” means a scholarship, grant,
loan, or any other monetary assistance provided by the board for postsecondary
education pursuant to this chapter.
(e) “Financial need” means need for financial
assistance as defined in the federal law at 20 U.S.C. § 1089, as amended, and
as further defined by or qualified in the Code of Federal Regulations.
(f) “Full-time student” means a student attending
an educational institution taking not less than 12 credit hours per academic
term or semester.
(g) “Scholastic achievement” means the results of
competitive college entrance examinations. TOEFL the student’s cumulative
G.P.A. and other special academic projects completed by the student while
attending a secondary educational institution.
(h) “Student” means a person enrolled and
regularly pursuing studies at an educational institution.
History: 1982, PL 17-36 § 3;
amd 1985, PL 19-34 § 1.
Amendments: 1985 Subsection (e). added.
Subsection (f) relettered from
former subsection (e).
Subsection (s): added.
Subsection (Ii) relettered from
former subsection (g).
16.2502 Student financial
aid fund established.
A
separate, segregated fund known as the “Government of American Samoa Student
Financial Aid Fund” is established.
History: 1982, PL 17-36 § 4.
16.2503 Student Financial
Aid Board--Members--Term.
(a) A Student Financial Aid Board is established.
The Board shall consist of 7 members, 5 members are appointed by the Governor,
2 members are appointed from the Legislature: one from the Senate appointed by
the President of the Senate and one from the House appointed by the Speaker of
the House; and confirmed by the Legislature. In addition to the 7 appointed
Board members, the Director of Education, the Director of the Office of
Manpower Resources, and the President of the
(b) The term of office for a member of the Board
shall be 4 years and members shall serve until their successors have been
qualified. Vacancies shall be filled in the same manner as the original
appointments of the members of the Board.
History: 1982, PL 17-36 § 5.
16.2504 Board—Powers—Duties.
(a) The Board shall:
(1) promulgate rules pursuant to 4.1001 et seq.
and develop policies necessary to implement this chapter: and
(2) administer the fund established under 16.2502
of this chapter; and
(3) develop with the assistance and approval of
the Attorney General a standard and uniform contract for each category of
financial aid award; and
(4) administer funds appropriated for purposes of
this chapter; and
(5) apply for, receive and administer federal and
private funds: and
(6) actively pursue the establishment of
cooperative placement programs and financial assistance available from
educational institutions; and
(7) cooperate with the Office of Manpower
Resources to develop employment opportunities for a student who has received
financial aid and who intends to return to the Territory following the
student’s graduation from an educational institution: and
(8) consider letters of reference or support from
teachers, counselors, principals, employers and other persons with specific
knowledge of the student’s character and abilities, before awarding any
financial aid; and
(9) submit to the Legislature bi-annual reports
detailing the balance in the fund; fund expenditures and receipts for each
reporting period; and cumulative fund expenditures and receipts for the fiscal
year.
(b)
The Board may:
(1) elect a chairman and other officers that are
found to be necessary; and
(2) employ with approval of the Governor,
personnel necessary to implement this chapter: and
(3) reduce any financial aid except a government
scholarship by the amount a student later receives in the form of an
extraterritorial scholarship, grant, fellowship or other categorical
assistance, provided notice is given the student in the contract authorized
under 16.2509.
History: 1982, PL 17-36 § 6.
16.2505 Financial aid--Amount--Exceptions.
Except
in the case of a government scholarship, financial aid awarded by the Board
must be adequate to meet the educational costs of the student less all other
financial assistance available to the student. Government scholarships awarded
by the Board under 16.2508 shall not be based upon the financial need of the applicant
or other financial assistance available to the applicant.
History: 1982, PL 17-36 § 7.
16.2506 Financial
aid—Duration—Renewal— Conditions.
(a) Financial aid shall normally be for one year
except when the Board determines the financial aid for a specific student
should be of longer or shorter duration.
(b) A student otherwise eligible under this
chapter and who complied with the conditions under subsection (c), shall be
entitled to priority consideration by the Board when the student applies for a
renewal of the financial aid.
(c) Financial aid of any student may be canceled
by the Board if the student:
(1) is not a full-time student; or
(2) does not comply with the policy of the
educational institution governing overall grade-point averages, including any
probationary periods provided by that policy: or
(3) does not authorize the registrar of the
educational institution to send a copy of the student’s grade report or
transcript to the Board after each academic term or semester; or
(4) transfers to another educational institution
without the prior written approval of the Board.
History: 1982, PL 17-36 § 8.
16.2507 Financial
aid—Eligibility.
Financial
aid may only be awarded to an applicant who:
(a) is a United States national, or a United
States citizen, or an American Samoan as defined in 41.0202(l)(c), or a
permanent resident of American Samoa in accordance with 41.0401 et seq., or a
person legally adopted in accordance with 45.0401 through 45.0431; and
(b) is a legal resident of American Samoa as
defined under 6.0212 and in compliance with any applicable immigration laws of
the government except that the residence of the parent, parents or legal
guardian of a minor shall be presumed to be the legal residence of that minor;
and
(c) has been accepted to or is attending an
educational institute.
History: 1982, PL 17-36 § 9;
amd 1985, PL 19-34 § 2.
Amendments: 1985 Subsection (a):
chanced references to definitions in Title 41.
16.2508 Financial
aid categories.
(a)
The board shall administer the awarding of the following categories of student
financial aid:
(1)
Scholarships. One category is government scholarships awarded to eligible
applicants based solely upon the applicant’s competitive college entrance
examination test scores, TOEFL, and G.P.A., without regard to the financial
need of the applicant. Government scholarships shall be for uniform amounts, as
determined and published by the Board prior to the competitive examinations.
An amount not less than 10 percent of the monies available in the fund each
year must be allocated by the Board for scholarship awards.
(2)
Grants-in-aid. One category is grant-in-aid awarded to eligible applicants
pursuing specific areas of study or research which are designated by the Board
as areas of particular need and importance in
(3)
Student loans. One category is student loans awarded solely on the basis of a
student’s financial need. Loans may be paid directly to the student, or to the
educational institution, or both, at the discretion of the Board.
(4)
Other categories which the Board deems appropriate.
(b) The Board shall establish minimum standards of
scholastic achievement for awarding financial aid under this section. The
academic standards established for applicants for scholarships shall be at
least 10 percent higher than the standards established for applicants for
grants-in-aid.
(c) A
student may apply for more than one category of financial aid.
History: 1982, PL 17-36 § 10;
amd 1985, PL 19-34 § 3.
Amendments.’ 1985 Subsection (a): added letter designation;
deleted “establish by rule no less than 2” and added “administer the awarding
of the following”.
Subsection (a)(l): deleted “of these categories
must be a “and added “category is”; deleted “by competitive examinations.
Scholarship awards must be awarded” and added “based”; added “college entrance
examination” and “TOEFL, and G.P.A”: deleted “publicized” and added
“published”; deleted “moneys” and added “monies”.
subsection (a)(2): deleted and replaced.
Subsection (a)(3): added.
Subsection (a)(4): added.
Subsection (b): added.
Subsection (c): added.
16.2509 Financial
aid--Contracts--Obligations--Exceptions.
Financial
aid must be awarded by written contract except in the case of government
scholarships. All contracts for each category of financial aid must contain a
uniform condition requiring the repayment of all or part of the financial aid
plus reasonable interest. The repayment may be by direct installment payments
to the Board for a limited period or by other methods considered proper by the
Board. The Board may waive repayment for those persons who become employed by
the government or private industry in
History: 1982, PL 17-36 § 11;
amd 1985, PL 19-7 § 1.
Amendments: 1985 Added “or
private industry in
16.2510 Student travel
grant.
In
addition to the amount of any financial aid, each recipient of financial aid is
entitled to air transportation at the standard economy rate for commercial
carriers from
History: 1982, PL 17-36 § 12.
16.2511 On-island students.
Notwithstanding
any provision of this chapter to the contrary, the Board may award financial
aid to any person enrolled at the
History: 1982, PL 17-36 § 13.
16.2512 Job opportunity
reports.
The
Office of Manpower Resources and the Office of Economic Development and
Planning shall annually supply the Board before 1 February, a list of potential
public and private enterprise employment opportunities for college graduates
during the remainder of the fiscal year. The Board promptly transmits this
information to students receiving financial aid who are expected to graduate
before the end of the fiscal year. In addition, every 2 years before 1
February, the Office of Manpower Resources and the Office of Economic
Development and Planning shall supply the Board with a report detailing projected
public employment and private enterprise employment needs for the next 5
years. The Board promptly transmits copies of this report to all high schools
in the Territory, the
History: 1982, PL 17-36 § 14.
16.2513 Counseling for applicants for student financial aid--Monitoring
of recipients.
(a)
The Director, Department of Education shall, upon the request of an applicant
for student financial aid, provide individual counseling and assistance
regarding the application process and the appropriate category of aid for which
an applicant should apply, and shall assist all applicants in obtaining
financial aid information from educational institutions.
(b)
The Director, Department of Education shall be responsible for monitoring
recipients of student financial aid to determine whether a recipient is
complying with the conditions in section 16.2506 (c).
History: 1985, PL 19-34 § 4.