16.1602 Purpose.

Cite as [A.S.C.A. § 16.1602]

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.