Chapter 5: Library of the Congress of Micronesia

§ 501. Establishment.
§ 502. Title to Library property.
§ 503. Use of Library.
§ 504. Librarian.
§ 505. Gifts to the Library.

§ 501. Establishment.
There is hereby established within the Office of the Legislative Counsel a Library of the Congress of Micronesia, herein referred to as the Library.

Source: COM PL 3-37 § 1; TT Code 1970, 41 TTC 101; TT Code 1980, 41 TTC 101.

Cross-reference: For statutory provisions on the Congress of the Federated States of Micronesia see title 3 (Legislative) of this code.

§ 502. Title to Library property.
The title to any and all Library property is and shall continue to be in the Congress of Micronesia.

Source: COM PL 3-37 § 2; TT Code 1970, 41 TTC 102; TT Code 1980, 41 TTC 102.

§ 503. Use of Library.
The Library shall be available for the use of all persons in Micronesia in accordance with the rules and regulations set forth by the librarian with the approval of the legislative counsel.

Source: COM PL 3-37 § 3; TT Code 1970, 41 TTC 103; TT Code 1980, 41 TTC 103.

Cross-reference: For statutory provisions on the Legislative Counsel of the Congress of the Federated States of Micronesia, see chapter 6 of title 3 (Legislative) of this code.

§ 504. Librarian.

(1) The librarian of Congress shall be appointed by the legislative counsel, with the approval of the Speaker of the House of Representatives and the President of the Senate of the Congress of Micronesia, solely on the basis of merit and fitness to perform the duties of the office.

(2) The librarian shall be responsible to the legislative counsel for the administration and operation of the library, its organization, property, and personnel. The librarian with the approval of the legislative counsel shall prepare rules and regulations for the governing of the Library and its departments.

(3) The librarian shall make an annual report to the legislative counsel prior to the beginning of each regular session of the Congress, with respect to the activities, financial status, condition of the Library, and recommendations as to future operations.

Source: COM PL 3-37 § 4; TT Code 1970, 41 TTC 104; TT Code 1980, 41 TTC 104.

§ 505. Gifts to the Library.
The librarian is hereby authorized to accept on behalf and in the name of the Library of the Congress of Micronesia, from any government, agency, individual, or any other source, advisory services, grants-in-aid, and gifts and donations of money and other property for the benefit of the Library; provided that any grant-in-aid, donation, or other form of assistance involving an obligation on the part of the Library of the Congress of Micronesia shall require the approval of the President of the Senate and the Speaker of the House of Representatives of the Congress of Micronesia.

Source: COM PL 3-37 § 5; TT Code 1970, 41 TTC 105; TT Code 1980, 41 TTC 105.

 

 

Subchapter III: Student LoanRevolving Fund

§ 324. Short title.
§ 325. Purposes.
§ 326. Definitions.
§ 327. Eligibility.
§ 328. Maximum amount of loans.
§ 329. Selection.
§ 330. Establishing the Student Loan Revolving Fund.
§ 331. Advancement and repayment of loans.
§ 332. Reporting.
§ 333. Authorization.
§ 334. Issuance of regulations.

§ 324. Short title.
This subchapter shall be known as the “National Student Loan Revolving Fund Act of 1982”.

Source: PL 2-50 § 1.

Editor’s note: PL 2-50, codified herein as subchapter III, did not expressly repeal subchapter I of this chapter. However, PL 6-44 § 1, explicitly repealed subchapter I of this chapter.

Cross-reference: The statutory provisions of other revolving funds are found in chapter 6 of title 55 (Government Finance and Contracts) of this code.

§ 325. Purposes.
It is important to the growth of our new Nation that we identify and educate more of the talented young men and women of the Federated States of Micronesia in order to provide the fullest development of their mental resources and technical skills. The purpose of this subchapter is to establish an ongoing fund to provide long-term, low-interest loans from a revolving fund to qualified students who are in need of such financial assistance in order to pursue a full-time course of study at an institution of higher education.

Source: PL 2-50 § 2.

§ 326. Definitions.
As used in this chapter:

(1) “Academic year” or its equivalent means the number of credit hours which a student must acquire during any one school year in order to secure the degree or certificate toward which he or she is working in the number of semesters or terms normally taken therefor at the institution where he is pursuing a course of study.

(2) “Chief” means the chief of the Division of Education of the Federated States of Micronesia.

(3) “Full-time attendance” means compliance by a full-time student with policies and regulations regarding attendance in effect at the institution in which he or she is enrolled.

(4) “Full-time student” means a student who is carrying a full-time academic work load in terms of course work or other required activities as determined by the institution.

(5) “Fund” means the National Student Loan Revolving Fund.

(6) “Institution of higher education” means an educational institution which:

(a) admits as regular students only persons having a certificate of graduation from a school providing secondary education;

(b) is legally authorized to provide a program of education beyond secondary education;

(c) provides an educational program for which it awards a bachelor’s degree or provides not less than a two-year program which is acceptable for full credit toward such a degree;

(d) is a public or other nonprofit institution; and

(e) is accredited by a recognized accrediting agency approved by the chief or is an institution whose credits are accepted on transfer by not less than three institutions which are so accredited for credit on the same basis as if transferred from an institution so accredited.

(7) “Professional” or “graduate student” means, in general, a student who is enrolled in an academic program of instruction above the college level which is provided at an institution of higher education. The term includes:

(a) that portion of any program involving a period of study beyond four academic years of study at the college level; or

(b) any portion of a program leading to:

(i) a degree beyond the bachelor’s or first professional degree, or

(ii) a first professional degree when at least three years of study at the college level are required for entrance into a program leading to such degree.

(8) “Satisfactory standing” and “good standing” mean the eligibility of a student to continue in attendance at the institution where he or she is enrolled as a student in accordance with the institution’s standards and practices.

Source: PL 2-50 § 3; PL 4-114 § 15.

§ 327. Eligibility.
Loans shall be made only to a student who:

(1) is a citizen of the Federated States of Micronesia;

(2) is in need of the amount of the loan to pursue a course of study on a full-time basis as an undergraduate, graduate, or professional student at an institution of higher education; and

(3) has been accepted for enrollment as a full-time student at an institution of higher education or in the case of a student already attending such an institution, is in good standing at such institution and is carrying a full-time academic work load.

Source: PL 2-50 § 4.

§ 328. Maximum amount of loans.
The loans advanced from the fund to a student for any academic year or its equivalent may not exceed a total of $4,000, and further, the total of all such loans to an undergraduate student may not exceed $16,000. The total of all such loans to an individual student continuing as a professional or graduate student may not exceed a combined total of $32,000.

Source: PL 2-50 § 5.

§ 329. Selection.
Loans from the fund shall be made reasonably available, subject to section 328 of this subchapter, to all eligible applicants. In the event applications exceed available funds, the order of selection shall be made on the basis of objective criteria established by the chief pursuant to Public Law No. 1-150. Special consideration shall be given to students with superior academic backgrounds.

Source: PL 2-50 § 6.

§ 330. Establishing the Student Loan Revolving Fund.
There is established a Student Loan Revolving Fund (hereinafter the “fund”), separate from the General Fund or other funds. All appropriations for student loans shall be deposited in this account. In addition all repayments of principal and interest from loans made from this fund shall be deposited back into the fund for the purposes stated in section 325 of this subchapter. Further, all loan repayments of interest and principal for funds received from appropriations made pursuant to:

(1) Public Law No. 1-22, as amended by Public Law No. 1-57;

(2) Public Law No. 1-106;

(3) Public Law No. 1-125; and

(4) Public Law No. 2-21, as amended by Public Laws Nos. 2-26, 2-38, and 2-39; shall be deposited in the fund. Any unexpended money in this account shall not revert to the General Fund or lapse at the end of the fiscal year.

Source: PL 2-50 § 7; PL 4-114 § 16.

§ 331. Advancement and repayment of loans.

(1) Loans from the fund shall be evidenced by a note or other written agreement between the Division of Education and the borrower which provides for repayment of the principal amount, together with interest thereon, in equal installments payable monthly over a period beginning nine months after the date on which the borrower ceases to carry the normal full-time academic work load at an institution of higher education, and ending ten years and nine months after such date. Installments need not be paid during any period, aggregating not in excess of three years, during which the borrower is in less than full-time attendance at an institution of higher education taking courses which are creditable towards a degree, but interest shall continue to accrue during any such period.

(2) Such loan shall bear interest on the unpaid principal of the loan at the rate of four percent per annum except that no interest shall accrue before the date on which repayment of the loan is to begin.

(3) Such loan shall be made without security or endorsement except that if the borrower is a minor, endorsement shall be required.

(4) Any student borrower may, at his or her option, and without penalty, repay all or any part of the principal and accrued interest at any time.

(5) In the event that a student who has borrowed from the fund is unable, due to extraordinary circumstances, to comply with his or her obligations to repay the funds loaned to him or her, he or she may apply to the chief for revision of the repayment schedule.

(6) The chief shall assess a late payment charge with respect to a loan on which a student borrower has failed to pay all or part of an installment when it is due. Such late charges shall not exceed one dollar for the first month or part thereof by which an installment is late and two dollars for any month or part of a month thereafter.

Source: PL 2-50 § 8.

§ 332. Reporting.
The chief shall prepare and submit an annual report on the status of the fund prior to the opening of the regular May session of the Congress of the Federated States of Micronesia. This report shall include the total amount of outstanding current loans, total amounts of repayments collected in the prior fiscal year, the total amount of payments in default in the prior fiscal year, the number of loans made during the prior fiscal year, and such other information as may be appropriate.

Source: PL 2-50 § 9.

§ 333. Authorization.
The Congress of the Federated States of Micronesia hereby authorizes appropriations from the General Fund of the Federated States of Micronesia for the purposes set forth in section 325 of this subchapter. The aggregate total appropriations for the revolving fund shall not be less than $600,000.

Source: PL 2-50 § 10.

§ 334. Issuance of regulations.
The Chief of the Division of Education shall promulgate regulations, pursuant to Public Law No. 1-150, consistent with the contents and intent of this subchapter.

Source: PL 2-50 § 11.

Cross-reference: PL 1-150 is codified at chapter 1 of title 17 of this code and is on FSM Administrative Procedures.

 

 

Chapter 4: College of Micronesia

§ 401. Established as a public corporation.
§ 402. Purposes.
§ 403. Board of Regents — Membership.
§ 404. Board of Regents — Length of service of members.
§ 405. Board of Regents — Vacancies.
§ 406. Board of Regents — Removal of members.
§ 407. Board of Regents — Organization; Meetings; Quorum.
§ 408. Board of Regents — Officers.
§ 409. Board of Regents — Executive committee.
§ 410. Board of Regents — Compensation.
§ 411. Powers of the Board of Regents.
§ 412. Suits.
§ 413. Funding.
§ 414. Budget constraints — Overspending.
§ 415. Duties of the College of Micronesia budget and finance officer — Bond.
§ 416. Accounts; Reports.
§ 417. Modification of personnel system; Retention of outside legal counsel; Contracts for maintenance and construction; Establishment of finance and accounting department and purchasing system.
§ 418. Evaluation of the college.
§ 419. Continuance of district-government assistance functions.
§ 420. Exemption from taxation.

 

§ 401. Established as a public corporation.
The College of Micronesia, its rector and Board of Regents, is hereby established as a public corporation under the style of the College of Micronesia, comprised of the present Community College of Micronesia, the Micronesian Occupational Center, and such other schools as may be established by the aftermentioned Board of Regents or designated by law.

Source: COM PL 7-29 § 1; TT Code 1980, 41 TTC 151.

Cross-reference: The statutory provisions on the College of Micronesia-FSM are found in chapter 7 of this title.

Editor’s note: The statutory provisions of this chapter are retained in this code for reference, since they were not explicitly repealed by PL 7-79, the College of Micronesia-FSM Act of 1992. However, most of these provisions are superseded and repealed by implication, since they contain subject matter specifically covered in the later College of Micronesia-FSM Act of 1992 (chapter 7 of this title).

 

§ 402. Purposes.
The purposes of the college are to make high quality, post-secondary education available to the citizens of the Trust Territory, to conduct research, and to disseminate such knowledge and advanced learning as the Board may from time to time prescribe or the Trust Territory Government require.

Source: COM PL 7-29 § 2; TT Code 1980, 41 TTC 152.

 

§ 403. Board of Regents — Membership.
There shall be a Board of Regents of the College of Micronesia which shall consist of the following members who shall serve for the following terms:

(1) one member from each administrative district of the Trust Territory appointed by the District Administrator, with the advice and consent of the district legislature, to serve a term of four years; provided that the District Administrator shall submit his nomination to the district legislature for the first member appointed pursuant to this subsection on or before November 10, 1977; provided further, that at the first Board meeting the members appointed pursuant to this subsection shall by drawing lots designate three members to serve an initial term of two years.

(2) two members appointed by the High Commissioner to serve terms of four years, one of whom is noted in the Trust Territory for his accomplishments in the field of economic development and who is not a full-time employee of the executive or judicial branch of the Trust Territory Government at the territorial or district level, and the other of whom is a nonresident of the Trust Territory but who resides in the Pacific area who is well recognized in the field of education for his work with post-secondary institutions of learning: provided, that the High Commissioner shall submit his nominations to the Congress of Micronesia for the first members appointed pursuant to this subsection on or before November 10, 1977; provided further, that the High Commissioner shall designate one of the first two members appointed pursuant to this subsection to serve an initial term of two years; and

(3) the chairman of the Trust Territory Board of Education, or its successor.

Source: COM PL 7-29 § 3; COM PL 7-130 § 15; TT Code 1980, 1 TTC 153; PL 1-82 § 1.

 

§ 404. Board of Regents — Length of service of members.
No person, except the chairmen of the Board of Education or its successor, and ex officio members, shall be eligible to serve more than eight consecutive years on the Board.

Source: COM PL 7-29 § 4; TT Code 1980, 41 TTC 154.

 

§ 405. Board of Regents — Vacancies.
Any vacancy on the Board of Regents shall be filled for the unexpired term in the same manner as originally filled. Three consecutive absences of a Board member from separately called meetings of the Board, called not less than 30 days apart, shall automatically create a vacancy in his seat. Upon determining a vacancy exists, the rector, or presiding officer of the Board in the absence of the rector, shall issue a notice of vacancy to all members of the Board and to the party or parties responsible for filling the vacancy. Any vacancy occasioned by failure to make a nomination to the respective legislative body charged with advice and consent within 60 days prior to the expiration of the previous term, or by failure to submit a nomination to the respective legislative body to fill a vacancy within 60 days of receipt of notice that such vacancy exists, or within 10 days of receipt of notice of rejection of a previously submitted nomination, shall be filled by the presiding officer or officers of the respective legislative body charged with advice and consent for the remainder of the unexpired term.

Source: COM PL 7-29 § 5; TT Code 1980, 41 TTC 155.

 

§ 406. Board of Regents — Removal of members.
Members of the Board may be removed only by a three-fourths vote of all other voting members of the Board of Regents before the expiration of their terms for incompetence, neglect of duty, or malfeasance. The Trial Division of the High Court of the Trust Territory is given original jurisdiction over any appeal for any such removal from the Board.

Source: COM PL 7-29 § 6; TT Code 1980, 41 TTC 156.

 

§ 407. Board of Regents — Organization; Meetings; Quorum.

(1) The Board of Regents shall meet and organize by the election of its officers in its annual meeting which shall be called on the third Monday of January each year. The Board shall meet at such other times as the Board shall so determine or as otherwise specified by law. The rector may call a special meeting of the Board on his own initiative and shall call a special meeting of the Board upon the petition of one-third of its members. The bylaws of the Board shall provide that adequate written notice be given to all members of the Board prior to the convening of any Board meeting. The bylaws shall further provide that the Board shall regularly publish the minutes of its meetings.

(2) A quorum shall consist of a majority of all voting members. All business shall be conducted by a majority of those present unless otherwise provided by law or the bylaws of the Board.

(3) The first meeting of the Board shall be called by the chairman of the Trust Territory Board of Education, who shall preside as temporary rector until a permanent rector is selected.

Source: COM PL 7-29 § 7(1), (2), (3); COM PL 7-130 § 1; TT Code 1980, 41 TTC 157(1), (2), (3).

 

§ 408. Board of Regents — Officers.

(1) At the first meeting of the Board, and annually thereafter, members of the Board shall appoint from their own body a rector, who shall preside at the meetings. At the same time they shall appoint from their own body a vice rector to serve as the presiding officer of the Board in the absence of the rector, and a secretary-treasurer of the Board. In the absence of the rector or [and]* vice rector at any meeting, the secretary-treasurer shall preside, and in the absence of all three, the Board may appoint a pro tempore officer to preside. Any vacancies in the offices of rector, vice rector, or secretary- treasurer shall be filled by the Board for the unexpired term.

(2) The rector, or presiding officer, shall sign all instruments required to be executed by the Board.

(3) The secretary-treasurer shall work closely with the budget and finance officer of the college in supervising the financial affairs of the college.

Source: COM PL 7-29 § 7(4), (5), (6); COM PL 7-130 § 1; TT Code 1980, 41 TTC 157(4), (5), (6).

Editor’s note: (1982 Code) The term “or” is in the original. The term “and” appears to be intended.

 

§ 409. Board of Regents — Executive committee.
At every annual meeting of the Board, the members may appoint an executive committee for the transaction of business in the recess of the Board, which shall consist of not less than three nor more than five members, to serve for a period of one year or until the next regular annual meeting.

Source: COM PL 7-29 § 7(7); TT Code 1980, 41 TTC 157(7).

 

§ 410. Board of Regents — Compensation.
The members of the board shall receive per diem at standard Trust Territory Government rates while on the business of the college. Those members who are employees of the Trust Territory Government shall be granted administrative leave and receive their regular salaries while on the business of the college. Other members shall receive 30 dollars per day while on the business of the college.

Source: COM PL 7-29 § 7(8); TT Code 1980, 41 TTC 157(8).

 

§ 411. Powers of the Board of Regents.
The Board of Regents shall have general management and control over the affairs of the college, and to this end, shall the powers to:

(1) adopt, amend, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law;

(2) appoint and terminate such officers of the Board as it deems necessary, or as required by law;

(3) fix, in its discretion, the rates charged the students of the college for tuition, fees, and other necessary charges;

(4) confer such degrees and grant such diplomas and certificates as colleges of like stature are usually authorized to confer or grant;

(5) appoint, evaluate the performance of, and terminate the services of the president of a school;

(6) establish policies and approve procedures for the appointment of all faculty members and the granting of tenure to any faculty member;

(7) establish policies and approve procedures for the granting of full and partial scholarships or fellowships to students for educational purposes, and, in its discretion, approve methods by which individual students may work for the college in some suitable capacity and have such labor credited against their tuition;

(8) establish annual lists of fields of study of National priority for post-secondary and graduate levels of training;

(9) award all student loans and scholarship grants, unless the provisions of the loan or grant specifically require otherwise, for attendance of Micronesian students at post-secondary and graduate institutions within Micronesia or abroad, based upon the quality of the institution and the relevancy of the intended instruction to National development priorities of Micronesia;

(10) acquire in any lawful manner any property, real, personal, or mixed, tangible or intangible, or any interest therein; to hold, maintain, use, and operate the same; and to sell, lease or otherwise dispose of the same at such time, in such manner, and to the extent deemed necessary to carry out its purposes; provided that any real property granted to the college without cost by the Trust Territory Government or any political subdivision thereof, or by any other legal entity capable of receiving and holding public land in the Trust Territory shall revert to said Government, political subdivision, or legal entity upon the cessation of active use by the college;

(11) enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its business and on such terms as it may deem appropriate with any agency or instrumentality of the United States, or with any State, territory, or possession or with any political subdivision thereof, or with any other foreign government, or agency, instrumentality, or political subdivision thereof, or with the Trust Territory Government, or any agency, instrumentality, or political subdivision thereof; or with any person, firm, association, or cooperative;

(12) determine the character of and the necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid, subject to the provisions of law specifically applicable to the college;

(13) borrow money from time to time; provided, that no debt of the college shall be secured by real property granted to the college without cost by the Trust Territory Government or any political subdivision thereof, or by any legal entity capable of receiving and holding public land in the Trust Territory;

(14) execute in accordance with its bylaws, all instruments necessary or appropriate in the exercise of its powers;

(15) establish such policies, rules, regulations, and standards as it may deem necessary for the effective operation of the college, including the establishment or approval of rules, regulations, and standards governing the admission, discipline, and removal of students;

(16) establish policies and approve procedures for the maintenance of such departments and courses instruction and for the undertaking of such research projects and programs as it deems appropriate of as may be required by law;

(17) provide for a program of workman’s compensation for employees of the college equal to, or greater than that available to persons of similar employment with the Trust Territory Government;

(18) take such other actions and assume such other responsibilities as may be necessary or appropriate to carry out the duties conferred upon it by law; and

(19) incorporate into the College of Micronesia such technical and research establishments, including the Micronesian Mariculture Demonstration Center in Palau, as the Board of Regents might deem necessary or appropriate to ensure a quality program of instruction and research which is relevant to National development priorities of Micronesia; and to acquire personnel and all property, whether real or personal, tangible or intangible, of any such establishment as may be transferred to the College of Micronesia.

Source: COM PL 7-29 § 8; COM PL 7-130 §§ 2-7; TT Code 1980, 41 TTC 158; PL 1-82 § 2.

 

§ 412. Suits.
The college may sue and be sued in its corporate name; provided that it shall be subject to suit only in the manner provided for suits against the Trust Territory Government; provided further, that any liability incurred by the college shall not be a liability of the Trust Territory Government or any subdivision thereof. The chancellor of the college, the secretary-treasurer of the Board of Regents, the rector of the Board of Regents, or, in the absence of the rector, the vice rector of the Board of Regents are authorized to accept service or to be served on behalf of the college.

Source: COM PL 7-29 § 9; TT Code 1980, 41 TTC 159.

 

§ 413. Funding.
The Board of Regents may receive, manage, and invest moneys or other property, real, personal, or mixed, which may be appropriated, granted, given, bequeathed, devised, endowed, or in any manner received from any source for the purposes of the college’s improvement or adornment, or for the aid of students or faculty, and in general may act as trustee on behalf of the college.

Source: COM PL 7-29 § 10; TT Code 1980, 41 TTC 160.

 

§ 414. Budget constraints — Overspending.
The college shall have a budget for each fiscal year which reflects the amount of money available for the operation of the college. Any person who overobligates or overexpends the funds available and budgeted for any purpose or department of the college shall be personally liable for the resulting deficiency.

Source: COM PL 7-29 § 11; TT Code 1980, 41 TTC 161.

 

§ 415. Duties of the College of Micronesia budget and finance officer — Bond.

(1) The College of Micronesia budget and finance officer shall be the chief fiscal, accounting, and budget officer of the College of Micronesia. As such, he shall receive and disburse all funds of the college including all its subdivisions.

(2) Before entering into his duties, he shall execute, at the expense of the college, a good and sufficient bond in the sum of not less than $20,000 or such greater sum as may be established by the Board. Said bond shall be with one or more sufficient sureties authorized to do business in the Trust Territory, shall be approved as to form by the High Commissioner, and shall be filed with the Attorney General.

(3) The budget and finance officer shall be selected by the Board, and will at all times be under the direct supervision of the Board. He shall serve at the discretion of the Board of Regents.

Source: COM PL 7-29 § 13; TT Code 1980, 41 TTC 163; PL 1-82 § 4.

 

§ 416. Accounts; Reports.

(1) The College of Micronesia budget and finance officer shall be responsible for ensuring that proper and complete books of account are kept reflecting all income, expenditures, assets, and money of the college, including appropriations, gifts, property, tuition, fees, and other funds.

(2) The Board of Regents shall publish not later than 45 days after the close of each fiscal year a complete report showing the activities of the college during the fiscal year, the present condition of the college, the financial status of the college, and such other matters as the Board shall deem appropriate.

(3) In addition to any other audits provided for by law, the Board shall select either the Trust Territory auditor or an independent auditor selected by the Board who shall inspect and audit all accounts of the college at least annually, and report thereon to each governmental entity within the Trust Territory.

Source: COM PL 7-29 § 14; COM PL 7-130 § 9; TT Code 1980, 41 TTC 164; PL 1-82 § 5.

 

§ 417. Modification of personnel system; Retention of outside legal counsel; Contracts for maintenance and construction; Establishment of finance and accounting department and purchasing system.
The Board of Regents may, by appropriate majority resolution directed to the High Commissioner, do the following:

(1) establish or modify its own personnel system and policies independent of the Trust Territory Public Service System, the Trust Territory Personnel Board, and the Trust Territory Department of Personnel; provided that until such personnel system and policies are established or modified, the college shall be subject of the provisions of former title 61 of the Trust Territory Code and applicable public employment regulations thereunder; provided further, that any such modified personnel system shall honor any existing employment contract of any employee of the college with the Trust Territory Government for the duration of that contract;

(2) retain outside legal counsel in lieu of the Attorney General; provided that until such action is taken by the Board, the Attorney General will continue to provide legal assistance to the college;

(3) contract for outside maintenance, repair, and construction work in lieu of using the services of the Department of Public Works or other Trust Territory departments or services; provided that until such action is taken by the Board, the Department of Public Works will continue to provide such services to the college; and

(4) establish a finance and accounting department and purchase supplies, equipment, and materials through its own purchasing department in lieu of using the services of the Trust Territory Department of Finance; provided that until such action is taken by the Board the Trust Territory Department of Finance will continue to provide such services to the college.

Source: COM PL 7-29 § 15; COM PL 7-130 § 16; TT Code 1980, 41 TTC 165; PL 1-82 § 6.

 

§ 418. Evaluation of the college.

(1) The Board shall, prior to the conclusion of each school year, cause an independent survey to be conducted among students and faculty of the college evaluating the quality of administration, the quality of course instruction, the effectiveness of the faculty and such other matters as the Board may deem appropriate, and shall transmit a copy of the results of the survey to each governmental entity within the Trust Territory, and the chairman of the Trust Territory Board of Education or its successor within thirty days of the conduct of the survey.

(2) Commencing in 1980, and every five years thereafter, the chairman of the Trust Territory Board of Education shall contract for an independent and comprehensive evaluation to be made of all aspects of the administration, education, and research activities of the college, and a report of the evaluation shall be transmitted by the chairman to the rector of the college, the High Commissioner, and each governmental entity within the Trust Territory within 90 days of the conclusion of the evaluation.

Source: COM PL 7-29 § 16; COM PL 7-130 § 10; TT Code 1980, 41 TTC 166; PL 1-82 § 7.

 

§ 419. Continuance of district-government assistance functions.
Public utilities services shall be provided by the respective district governments to the college without cost to the college. Housing and maintenance services now available to the college, or their equivalents, shall continue to be made available to the college without costs.

Source: COM PL 7-130 § 13; TT Code 1980, 41 TTC 167; PL 1-82 § 8.

 

§ 420. Exemption from taxation.
The college, its property, revenues, and income are exempt from taxation by the Trust Territory Government or its political subdivisions.

Source: COM PL 7-130 § 14; TT Code 1980, 41 TTC 168; PL 1-82 § 8.

 

 

School Year and Attendance

Compulsory education; Attendance; Failure to send a child to school; School year.

(1) Compulsory education.Education shall be provided and shall be compulsory for all children, including children with disabilities, from first grade through graduation from the eighth grade, or until the age of 14 years.

(2) Attendance.Attendance at school shall be required of all children between the ages of six and 14 or until completion of the eighth grade, unless excluded from school or exempted from attendance for sickness or behavioral problems as determined by the appropriate State authorities.
(a) For the purpose of beginning school, a child shall be admitted in the first grade at the beginning of the school year if he has attained or will have attained the age of six, either on or before December 31 of the calendar year in which the school year commences, or as of the date of the commencement of the school year, whichever date is selected by the State Director of Education.
(b) A State legislature may determine a later age for starting mandatory education, provided that children whose parents wish to enroll them at the National standard age of six years are not restricted from doing so.

(3) Failure to send a child to school.Any person who knowingly permits a child who is under his control to be absent from school, or who knowingly prevents any child from attending school during the instructional period, for all or any significant part of a day, unexcused and in violation of applicable laws or regulations, is in violation of this section.
(a) The States may impose such penalties as each deems appropriate for violations of this section.
(b) Good cause for absences shall be determined by State authorities and may include physical and medical infirmities, family or social responsibilities, and disruptive or violent behavior.

(4) School year.The school year in the Federated States of Micronesia shall consist of not less than 180 days of instructional days or an equivalent of no fewer than 650 hours of classroom instruction for first and second graders and no fewer than 765 hours of classroom instruction for third through twelfth graders.
Source: PL 8-132 § 5, modified.
Cross-reference: FSM Const., art. XIII, § 1.

 

 

Subchapter IV: Continental Airlines Scholarship Program

§ 351. Continental Airlines Scholarship; Requirements and uses.

The scholarship funds appropriated by PL 6-3 and all future appropriations for the Continental Airlines scholarship program shall be administered by the Department of Human Resources. These scholarship funds shall be used for a scholarship program only for graduate or undergraduate students in the field of aviation; graduate or undergraduate students in the field of civil engineering; and graduate students in the fields of law and medicine. Scholarships under this program to undergraduate students shall only be awarded to otherwise eligible undergraduate students who have completed two years full-time study or its equivalent. The Secretary of the Department of Human Resources, or his designee, shall promulgate guidelines or rules, governing the process of applying for scholarships under this program, governing the criteria for awarding scholarships under this program, governing the process of selecting recipients of scholarships under this program, governing the terms and conditions, and the enforcement of such, for scholarships under this program, and such other matters as may be necessary and consistent with the provisions of this subchapter. The promulgation of such guidelines or rules shall not be subject to the provisions of chapter 1 of title 17 of this code regarding administrative procedures.

Source: PL 6-3 § 2.

Cross-reference: Chapter 1 of title 17 of this code is on FSM Administrative Procedures.

Editor’s note: PL 6-3 § 1, appropriated $35,000 for the purpose of funding scholarships for post-secondary students which have been established pursuant to the settlement with Continental Airlines entered into on May 7, 1987. It is the understanding of the FSM Congress that Continental Airlines, Inc. is to pay said sum into the General Fund each year for 10 years effective upon the date of settlement, and, further, that such payment has been made for the fiscal year ending September 30, 1989.

PL 6-3 became effective June 23, 1989.

 

Subchapter III: Special Education

§ 231. Short title.
§ 232. Statement of policy.
§ 233. Definitions.
§ 234. Administration.
§ 235. State responsibility.
§ 236. Procedure to ensure efforts.
§ 237. Funding; Authorization.

§ 231. Short title.
This subchapter shall be known and may be cited as the “Federated States of Micronesia Special Education Act of 1993.”

Source: COM PL 7-55 § 1; TT Code 1980, 41 TTC 201; PL 8-21 § 1.

§ 232. Statement of policy.
The Congress of the Federated States of Micronesia, recognizing the obligation of the Federated States of Micronesia under section 109 of title 1 of this code that free elementary education shall be provided throughout the Federated States of Micronesia, and further recognizing the obligation of the Federated States of Micronesia to provide educational opportunities to all children which will enable them to lead fulfilling and productive lives, hereby declares that it is the policy of the Federated States of Micronesia and the purpose of this subchapter to provide means for the free education of children with disabilities and that insofar as is appropriate, disabled children shall receive necessary supplementary services in regular classrooms offered by the Federated States of Micronesia and each State Department of Education both in rendering services directly to children with disabilities, and in providing consulting services to regular classroom teachers.

Source: COM PL 7-55 § 2; TT Code 1980, 41 TTC 202; PL 8-21 § 2.

§ 233. Definitions.
As used in this subchapter, unless the context otherwise requires:

(1) “Children with disabilities” includes those individuals from birth through age 21 who are evaluated as having 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 impairments, and who because of those impairments need special education and related services.

(2) “Secretary” means the Secretary of the Department of Education.

(3) “Special education” means instructional or other services necessary to assist children with disabilities. Special Education is specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted:

(a) in the classrooms;

(b) in the home;

(c) in hospitals and institutions;

(d) in other settings; and

(e) in physical education.

Source: COM PL 7-55 § 3; TT Code 1980, 41 TTC 203; PL 8-21 § 3.

§ 234. Administration.

(1) There is hereby established in the Department of Education a Special Education Program which shall be headed by a Program Specialist, who will be qualified by education, training, and experience to take responsibility for and give direction to the programs of the Federated States of Micronesia relating to the education of children with disabilities.

(2) The Secretary of Education shall establish and make such studies, surveys, evaluations, policies, and rules and regulations as are necessary to carry out the provisions of this chapter.

(3) The Secretary of Education shall submit to the President and the Congress of the Federated States of Micronesia the special education annual program plan and the fund status and performance report at such time as they are submitted to the United States Office of Education as required by United States PL No. 101-476, Individuals with Disabilities Education Act.

Source: COM PL 7-55 § 4; COM PL 7-113 § 1; TT Code 1980, 41 TTC 204; PL 8-21 § 4.

§ 235. State responsibility.
On or before July 1 of each year, each State shall report to the Secretary of Education the extent to which it is providing the special education for children with disabilities necessary to implement this subchapter. The report shall detail the means which the State uses to provide for the free appropriate special education of children with disabilities.

Source: COM PL 7-55 § 5; TT Code 1980, 41 TTC 205; PL 8-21 § 5.

§ 236. Procedure to ensure efforts.
The Secretary of Education shall establish, in cooperation with the Secretary of the Department of Health Services and each State Director of Education, procedures to ensure the ongoing education, identification, location and evaluation of children with disabilities.

Source: COM PL 7-55 § 6; TT Code 1980, 41 TTC 206; PL 8-21 § 6.

§ 237. Funding; Authorization.
There is hereby authorized an annual appropriation from the General Fund of the Federated States of Micronesia as may be necessary to carry out the provisions of this subchapter. The Secretary of Education shall administer the expenditures of funds appropriated pursuant to this subchapter as set out in the annual program plan for the purposes set forth herein.

Source: COM PL 7-55 § 7; COM PL 7-113 § 2; TT Code 1980, 41 TTC 207; PL 8-21 § 7.

 

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