Title 16 — Educational Institutions

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 rul…

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 supp…

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 colle…

(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 s…

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 accountin…

(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…

(a) For the purpose of compliance with federal law designating the American Samoa Community College as a Land Grant College established for the benefit of agriculture and mechanical arts, there is established the American Samoa Community College Land Grant Endowment Fund. The Fun…

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 American Samoa Community College in accordance with this chapter. The Foundation shall have neither member…

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…

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 t…

(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 comprise…

(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 a…

(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 repor…

(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 i…

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 …

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 debt…

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, account…

(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, op…

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 t…

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 an…

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 …

A separate, segregated fund known as the “Government of American Samoa Student Financial Aid Fund” is established. History: 1982, PL 17-36 § 4.

(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 Spea…

(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 standar…

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 b…

(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…

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 acco…

(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…

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 m…

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 American Samoa to the educational institute. Return air transportation at the same rate shall be provided un…

Notwithstanding any provision of this chapter to the contrary, the Board may award financial aid to any person enrolled at the American Samoa Community College. The Board may establish conditions of eligibility by rule to implement this section. History: 1982, PL 17-36 § 13.

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 Bo…

(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 al…