Title 16 — Educational Institutions

The Compact for Education is entered into and enacted with all jurisdictions joining therein, in the form following: ARTICLE I. PURPOSE AND POLICY A. It is the purpose of this compact to: 1. Establish and maintain close cooperation and understanding among executive, legislative, …

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 re…

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. History: 1978, PL 15-81.

The Governor shall provide adequate appropriation for the implementation of the provisions of this chapter in his annual budget proposals under the Department of Education allocation. History: 1978, PL 15-81.

(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…

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 gove…

(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 educati…

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, mainte…

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.

(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 o…

Matters relative to Samoan custom, culture and traditions shall not be taught in the schools of American Samoa unless the materials to be taught have been approved by the Secretary of Samoan Affairs. History: 1962, PL 7-15.

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.

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.

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.

(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 noti…

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…

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 …

(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 b…

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. Histor…

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. History: 1962, PL 7-15

(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 …

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…

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.

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.

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.

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.

Special schools shall be considered as part of the public school system. History: 1962, PL 7-15.

(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 Ed…

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.

Children attending authorized private schools may not be required to attend public schools. History: 1962, PL 7-15.

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.

The Department of Education may not interfere with any religious instruction given in private schools. History: 1962, PL 7-15.

(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 hea…

Schools organized by pastors and held outside of regular public school hours shall be designated as faifeau schools. History: 1962, PL 7-15.

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-…

(a) Teaching personnel shall be classed as teachers, principals, vice principals, counselors, supervisors, education specialists, and such other classes as may be pre-scribed by the Director of Education. (b) No person may be employed as a member of the teaching personnel in any …

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 American Samoa to abide by all of the school laws, and to abide by all regulations of the Director of Education. History: 196…

ASDOE is authorized to charge fees for actual services performed in relation to the enforcement of the teacher certification program. Revenues generated by fees authorized hereunder shall be accounted for and audited regularly in conjunction with the Department of Treasury. Histo…

The Director of the Department of Human Resources shall utilize the official teacher payscale to conform to the directives contained within this act. The payscale shall conform substantially to the payscale which is appended to in this act. History: 2008, PL 30-20.

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.

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 …

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.

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 opportu…

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…

(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 American Samoa relat…

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; …

(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…

There is establishment an institution of higher learning known as the American Samoa Community College within the executive branch of the government. History: 1992, PL 22-30.

(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…

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 amo…