Marshall Islands Public School System Act 2013
TITLE 14 – EDUCATION
CHAPTER 3 - MARSHALL ISLANDS PUBLIC SCHOOL SYSTEM
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
MARSHALL ISLANDS PUBLIC SCHOOL SYSTEM
ACT 2013
Arrangement of Sections
Section Page
PART 1 – PRELIMINARY 5
§301. Short title. .............................................................................................................................. 5
§302. Interpretation. ....................................................................................................................... 5
§303. Application of Article VII of the Constitution .................................................................. 7
§304. Public School System Established ...................................................................................... 7
PART 2 – GOVERNING BODIES OF PUBLIC SCHOOL SYSTEM 7
DIVISION 1 - MINISTER OF EDUCATION 7
§305. Powers of the Minister. ........................................................................................................ 7
DIVISION 2 - NATIONAL BOARD OF EDUCATION 8
§306. Establishment; Composition; etc. ....................................................................................... 8
§307. Terms; vacancy; allowance. ................................................................................................ 9
§308. Meetings; procedures of the Board .................................................................................... 9
§309. Powers, Functions and Duties of the Board. .................................................................... 9
DIVISION 3 – LOCAL BOARD OF EDUCATION 11
§310. Local Boards of Education. ............................................................................................... 11
§311. Functions of Local Boards. ................................................................................................ 11
DIVISION 4 – COMMISSIONER OF EDUCATION 12
§312. Administrative functions .................................................................................................. 12
PART 3 – EDUCATION POLICIES AND STANDARDS 13
DIVISION 1 - EDUCATIONAL STANDARDS 13
§313. Goal ...................................................................................................................................... 13
§314. Guidelines ........................................................................................................................... 14
§315. Curriculum.......................................................................................................................... 15
§316. Textbooks and Materials. .................................................................................................. 15
DIVISION 2 - SCHOOL YEAR AND ATTENDANCE 15
§317. School Year ......................................................................................................................... 15
§318. Compulsory Enrolment and Attendance ....................................................................... 16
§319. School Attendance Area .................................................................................................... 16
§320. Parent’s or Guardian’s Responsibility for Child’s Attendance. .................................. 16
DIVISION 3 - STUDENT PROGRESS AND CONDUCT 17
§321. Student Assessment and Progress ................................................................................... 17
§322. Secondary Education ......................................................................................................... 17
§323. Student Conduct ................................................................................................................ 17
§324. Teacher Conduct ................................................................................................................ 18
DIVISION 4 - STUDENT HEALTH AND SUPPLEMENTARY SERVICES 18
§325. Student Health and Safety ................................................................................................ 18
§326. School Transportation ....................................................................................................... 18
§327. School Property .................................................................................................................. 19
§328. Residence Assistance ......................................................................................................... 19
§329. Nutrition .............................................................................................................................. 19
§330. School Meal Program ........................................................................................................ 19
DIVISION 5 - NON-PUBLIC SCHOOLS 19
§331. Charter Required................................................................................................................ 19
§332. Non-public School Attendance ........................................................................................ 20
§333. Benefits to Students ........................................................................................................... 20
PART 4 - EVALUATION AND CERTIFICATION 21
§334. Comprehensive Needs Assessment Program ................................................................ 21
§335. Evaluation of Performance of Each School .................................................................... 21
§336. Certification ........................................................................................................................ 21
§337. Corrective Action Plan ...................................................................................................... 22
PART 5–FINANCIALS 22
§338. Education Fund .................................................................................................................. 22
§339. Payments into the Fund .................................................................................................... 22
§340. Payments out of the Fund ................................................................................................. 23
§341. Accounts and Records ....................................................................................................... 24
§342. Budget .................................................................................................................................. 24
§343. Standard Salary Scales ....................................................................................................... 25
PART 6– MISCELLANEOUS 25
§344. Annual Reporting ............................................................................................................... 25
§345. Local Board Reporting ....................................................................................................... 26
§346. Liability. ............................................................................................................................... 26
§347. Rules and Regulations ....................................................................................................... 27
§348. Effective date, Transition and savings ............................................................................. 27
TITLE 14 – EDUCATION
CHAPTER 3 - MARSHALL ISLANDS PUBLIC SCHOOL SYSTEM
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
MARSHALL ISLANDS PUBLIC SCHOOL SYSTEM
ACT 2013
AN ACT to repeal Chapter 3, Title 14 of the MIRC the Education Act of 1992, and to
enact in its place an Act to establish an autonomous public school system; to provide
for a National Education Board and Commissioner of Education; to provide for
independent personnel and financial management, budgeting, etc.; and for related
purposes.
Commencement: November 25, 2014
Source: P.L. 2013-23
PART 1 – PRELIMINARY
§301. Short title.
This Chapter may be cited as the Marshall Islands Public School System
Act, 2013.
§302. Interpretation.
As used in this Chapter, unless the context otherwise requires, the following
words shall have these meanings:
(a) “agent(s)” means a body created by law or by contract having
the fiduciary relationship with the Ministry of Education;
(b) “Board” or “National Board” means the National Board of
Education established under Section 306, Division 2 of this
Chapter;
(c) “Commissioner of Education” or “Commissioner” means the
Commissioner responsible for the overall administration of the
Public School system of Education pursuant to Section 312;
(d) “Government agencies” means any executive department,
independent commission, board, bureau, office, or other
establishment of the Government of the Republic of the
Marshall Islands, or any quasi-public institution which is
supported in whole or in part by national funds;
(e) “fund” means fund established under Section 338;
(f) “Local Board” means a Local Board of Education established
under Section 310 of this Chapter;
(g) “Minister” means the Minister responsible for Ministry of
Education;
(h) “Non-public school” means:
(a) a religiously or community group- supported school,
under college grade, whether or not it receives or has
received financial assistance from the Government in
accordance with Article II, Section1(3) of the
Constitution; or
(b) any other school, under college grade, which normally
charges tuition or other fee for attendance;
(i) “Primary school” or “Primary education” means
Kindergarten through grade 8.
(j) “Public school” means a school, under college grade, which
derives its support, entirely or in part, from public funds;
provided that “public school” does not include a school
specified under Subsection 302(h) of this Section, whether or
not such school derives its support from public funds.
(k) “Public school system” or “PSS” means the public education
school system which shall serve as a Department of Education
for elementary and secondary school programs.
(l) “School property” means property of the Public School
System and includes without limitation textbooks and
educational supplies, equipment, furniture and tools.
(m) “Secondary school” or “secondary education” means Grades
9 through 12.
(n) “Commissioner” means the Commissioner of Education.
(o) “Special education” means instruction, programs or related
services specifically designed or provided to assist children
with disabilities in responding to or promoting equal
educational programs and opportunities for all children.
(p) “Ministry of Education” means the ministry responsible for
all formal education program and agencies serving pre-school
age children to college level youth and adults, including
formal education, informal education, and TVET programs.
§303. Application of Article VII of the Constitution
Pursuant to Section (1)(3) and Section (9)(2) of Article VII of the Constitution
of the Marshall Islands, the Public Service Commission does not apply in
relation to the Public School System.
§304. Public School System Established
There is hereby established, a Public School System (“PSS”) within the
Ministry of Education, which shall be the autonomous body responsible for
the administration of public primary and secondary programs in the
Republic. The public school system shall be governed by a board to be
known as the National Board of Education.
PART 2 – GOVERNING BODIES OF PUBLIC SCHOOL SYSTEM
DIVISION 1 - MINISTER OF EDUCATION
§305. Powers of the Minister.
The Minister shall be a member of the National Board and shall have the
power to:
(1) Provide oversight of the administration and operation of the public
school system;
(2) Provide linkage with respect to policy and budgetary matters
between the Board and the Cabinet;
(3) Provide linkage to other agencies including but not limited to the
College of Marshall Islands, National Training Council, University of
the South Pacific Extension Program and the RMI-USP Joint
Education Program, Scholarship Board, with the Public School
System;
(4) Approve Boards selection of the Commissioner of Education; and
(5) Approve the disbursement of fund subject to approved budget;
DIVISION 2 - NATIONAL BOARD OF EDUCATION
§306. Establishment; Composition; etc.
(1) There is hereby established a National Board of Education hereinafter
(“the Board”), consisting of five members, appointed by the Cabinet
from five (5) main geographical districts in the Republic which are as
follows: one from the southern district, one from the central district,
one from the northern district, one from the eastern district, and one
from the western district of the Marshall Islands, the Minister for
Education, and three (3) other members, who shall be appointed by
the Minister as follows:
(a) one teacher to represent the interests of the teachers;
(b) one represent a non-public schools; and
(c) one represent the interest of parents, students or guardians.
(2) For the purpose of this Chapter, the southern district covers Ebon,
Namdik, Kili/Bikini/EjitJaluit, the central district covers Ailinglaplap,
Jabat and Namu, northern district covers, Aur, Maloelap, Wotje,
Ailuk, Utrok, Likiep and Mejit eastern district covers Arno, Mili,
Majuro, and western district covers Kwajalein, Ellep, Ujae, Lae,
Wotho, Rongelap and Enewetak.
(3) the members shall appoint amongst the Board membership except for
the Minister, a chairperson and a vice-chairperson. The Chairperson
shall preside at meetings of the Board. The Vice Chairperson shall
serve as the presiding officer of the Board in the absence of the
Chairperson.
(4) In appointing persons to serve on the Board pursuant to subsection
(1) of this section, the Cabinet must ensure that a candidate:
(a) holds a Bachelor of Arts degree;
(b) has no criminal felony records;
(c) has at least 5years experience, working in a responsible
position;
(d) be 25 years and older; and
(e) has been resided in the Marshall Islands for at least five (5)
years.
§307. Terms; vacancy; allowance.
(1) Appointed members of the Board shall serve a term of four (4) years
except that the term of the first members elected shall be determined
by drawing of lots with three members serving a term of four years
and two members serving a term of two years. The members
appointed by Cabinet shall serve for a term of four (4) years.
(2) Any vacancy on the Board caused by death, resignation, or removal
of an appointed member shall be filled in the same manner as the
original appointment to serve the unexpired term of that vacancy.
§308. Meetings; procedures of the Board
(1) Meeting of the Board shall be held once every three (3) months. A
special meeting shall be called by the Chairman or by majority of the
Board members when matters arise.
(2) Other than special meeting of the Board, members shall be notified in
writing by the Chairman or other person designated by the Board at
least one week before the date of any meeting.
(3) Subject to this Chapter and any other laws, the Board shall determine
its own procedures to provide for the quorum and the conduct of
meetings; the appointment and duties of a Secretary of the Board,
and any other matters relating to the Board and its operations and
procedures which it deems appropriate.
§309. Powers, Functions and Duties of the Board.
The Board shall have the following powers, functions and duties:
(1) to recruit the Commissioner of Education of the Public School
System;
(2) to formulate policies in consultation with the Cabinet;
(3) to exercise control over public school system through Commissioner
of Education, and the Local Board of education within each local
government jurisdiction;
(4) to make recommendations through the Minister on matters of
education policy and any related budgetary matters to the Cabinet;
(5) to establish and revise as necessary on its own or through its agents,
rules, regulations and policies for the operation of the Public School
System, including policies relating to the recruitment, promotions
and personnel appeal processes; and removal of all Public School
System staff; to health and welfare benefits;
(6) to provide fiscal oversight including review and approval of the PSS
budget for presentation to the Cabinet and Nitijela;
(7) to establish financial policies and control systems with:
(a) the Ministry of Finance requirements for audit purposes as set
out under the Financial Management Act;
(b) the Fiscal Procedures Requirements of the Ministry of Finance
and other funding sources;
(c) Fiscal Procedures Agreement as under the Compact as
Amended, in regards to the use of Compact funding; and
(d) the procurement requirements set out under the Procurement
Code (44 MIRC Chapter 1).
(8) to make recommendations on matters refer to in subsection (3) of this
Section to the Minister;
(9) to approve and establish curricula and courses of instruction and
administrative policies of the public school system, including special
projects and funded programs;
(10) to accept on behalf of the public school system, gifts, grants,
donations, bequests, and other contributions to improve and expand
education programs; and
(11) to issue charters for private schools, develop policies for accreditation
of public and private schools operating in the RMI.
(12) to coordinate its policies in accordance with the Public Service
Commission as and when the need arises and to mediate grievance
matters.
DIVISION 3 – LOCAL BOARD OF EDUCATION
§310. Local Boards of Education.
(1) Each Local Government shall form a Local Board of Education
(“Local Board”) within its local jurisdiction in accordance with rules
promulgated by the Board of Education for their establishment,
composition and procedures. The National Board shall retain fiscal
oversight over the Local Board.
(2) To assume responsibilities to administer local public schools within
its local jurisdiction pursuant to subsection (1) of this Section, and of
Section 311, the National Board shall ensure that a Local Government
is ready to undertake such responsibilities, and provided that a Local
Government must establish a Board, create a Bylaw, provide school
improvement plans and Management plans, etc., in order to delegate
such authority to administer local public schools within a local
government jurisdiction.
§311. Functions of Local Boards.
Each Local Board shall have the following functions:
(1) under community-based governance of schools, each Local Board
shall oversee the operation of local public schools within that local
government jurisdiction in accordance with the specifications of a
memorandum of understanding with the National Board and with
the provisions of primary school certification granted by the Board,
including, but not limited to, business and personnel management,
facilities and property maintenance, budgeting and accounting of
funds allocated by Board with the educational standards set forth in
this Act and regulations promulgated under this Act;
(2) make provisions for school-based management of schools within that
local government jurisdiction, including involvement of the school
community in the educational process in each school, which shall
include administrators, teachers, staff, parents, students and
interested citizens;
(3) establish and support school or community-based advisory
committees on education to review and advise the Local Board for
that Local Government jurisdiction regarding objectives, plans,
budgets, policies, procedures, program and other matters being
considered by the Local Board;
(4) establish particular educational goals, objectives and standards for
schools within that Local Government jurisdiction pursuant to rules
prescribed and approved by the Board
(5) develop an annual education plan, which shall be approved by the
Board, designed to achieve reasonable progress by each student
toward the goals set forth by the Board, including achievement of a
minimum standard of proficiency and self-reliance, which may
include the following:
(a) curricular changes;
(b) in-service training programs for teachers;
(c) diagnostic, remedial, or skill-maintenance programs for
students;
(d) consultations with parents or guardians;
(e) any other measures designed to promote progress towards
such goals;
(6) evaluate student progress towards the goals of the Public School
System, including minimum standards of proficiency and self-
reliance, by means of annual testing or other means as the Local
Board deems proper to determine student needs, ensure student
progress, and assess the degree to which the goals have been
achieved; and
(7) submit requests, comments and recommendations for action to the
National Board for consideration.
DIVISION 4 – COMMISSIONER OF EDUCATION
§312. Administrative functions
(1) The Commissioner of Education shall be responsible for the overall
administration and implementation of public elementary and
secondary educational programs in the Republic. In the discharge of
these functions, the Commissioner shall be responsible for
the following:
(a) the overall administration and operations of the public school
system;
(b) the recruitment, promotion and removal of teachers and staff
in accordance with rules, regulations and policies promulgated
pursuant to this Act;
(c) monitoring and evaluating the Local Boards of Education and
all public and non-public schools;
(d) conducting nationwide student testing, research and planning
for program improvement;
(e) the development of curriculum and instructional materials;
(f) assistance and support to Local Boards of Education and
schools in local governance and school management, including
community involvement, administration, instruction, staff
development and evaluation;
(g) special services for students and for the community;
(h) budget preparation, execution, and accounting;
(i) facilitates planning, coordination and reporting; and
(j) carrying other directives of the Board.
PART 3 – EDUCATION POLICIES AND STANDARDS
DIVISION 1 - EDUCATIONAL STANDARDS
§313. Goal
(1) The goal of the public school system in the Republic shall be:
(a) to provide a thorough and efficient system of education to all
children in the Republic, regardless of socioeconomic status,
disabilities, or geographical location, the educational
opportunity that will prepare them to develop into self-reliant
individuals and to function socially, politically and
economically in the society; and
(b) to encourage citizen involvement in educational matters by
providing for schools that guarantee and support local
participation consistent with the goal of thorough and efficient
system of education serving all of the children of the Republic.
§314. Guidelines
The following guidelines shall serve as major elements for the achievement
of the educational goal provided in Section 313 and for the implementation
of this Chapter:
(a) the establishment of educational goals at the national and local
levels;
(b) the encouragement of public involvement in the establishment
and implementation of educational goals;
(c) instruction intended to produce the attainment of responsible
levels of proficiency in:
(i) Kajin Majel and Mantin Majel, to be taught in all
elementary schools; and
(ii) all major academic subjects, including basic
communications and computational skills;
(d) a student-teacher ratio of not more than thirty (30) students
per teacher in each classroom;
(e) free public kindergarten to all five year olds in the Republic as
resources permit;
(f) a breadth of program offerings designed to develop the
individuals talents and abilities of students, including
vocational and technical subjects;
(g) programs and supportive services for all students, especially
those who are educationally disadvantaged or who have
special educational needs, including but not limited to
counseling, guidance, health education and related services
and programs to help students develop academically,
personally and socially;
(h) adequately equipped, sanitary and secure physical facilities
and adequate materials and supplies;
(i) qualified teachers and administrators;
(j) efficient administrative procedures;
(k) an adequate program of research and development; and
(1) evaluation and monitoring programs at both the national and
local levels.
§315. Curriculum
(1) The Board shall establish minimum standards for instruction,
curriculum development, and content of courses at appropriate levels
to promote uniform levels of achievement.
(2) Instruction in the Marshallese language, custom culture and history
shall be compulsory, and shall be provided at all preschool level
schools, elementary level schools, secondary levels schools.
Instructions shall include assessment of student needs, selection of
appropriate learning activities, methodologies and materials and
evaluation of the student’s attainment of objectives. The curriculum
shall permit continuous progress along sequential lines of
development in academic as well as vocational areas. The curriculum
shall be of sufficient depth and breadth to meet the needs, interests
and abilities of the students in that particular community.
(3) All secondary level students in the Republic shall be required to pass
an examination on the Marshallese language, custom, culture and
history, in order to obtain a secondary education diploma or
certificate, except for students who are not in the system for three (3)
years.
(4) The Board or through its agents shall develop a course on the
Marshallese language, custom, culture and history, to be known as
Marshallese Studies for the purposes of this section.
(5) The Board or through its agent shall provide training for teachers on
Marshallese Studies;
§316. Textbooks and Materials.
The Board shall establish a textbook committee to review and evaluate
textbooks and materials before purchase in order to determine their
suitability as may be consistent with economy and desirable within any
curriculum differences in the schools of the Republic.
DIVISION 2 - SCHOOL YEAR AND ATTENDANCE
§317. School Year
The school year shall consist of no less than one hundred eighty five (185)
days of school in session, exclusive of holidays provided that any increase
thereof of days shall be made pursuant to the promulgation of regulation
under Section 346 and in consultation with the schools. Each of the schools
in the Republic may, with the approval of the Board establish beginning and
ending dates of the school year in accordance with local needs and customs.
Such dates need not be uniform throughout the Republic.
§318. Compulsory Enrolment and Attendance
(1) A child who attains the age of five (5) years on or prior to the
commencement date of any school year shall be eligible to enroll in,
and commence elementary level education in any school in the
Republic. The enrolment and attendance of a child under this
Subsection shall be compulsory, and the onus is placed on the
parent(s) or guardian(s) to ensure that such child is enrolled in, and
regularly attends school.
(2) A child who has successfully completed elementary level education
shall be eligible to enroll in secondary level education in any school
in the Republic.
§319. School Attendance Area
All students shall be required to attend the public school located in the area
in which they reside, or any non-public school whether or not it is located in
the attendance area in which they reside. Attendance at a public school in
another school attendance area may be granted at the discretion of the
Commissioner. Attendance of a secondary school at a different public high
school than the one serving the student’s attendance area shall require prior
written approval of the Commissioner or the Commissioner’s designee.
§320. Parent’s or Guardian’s Responsibility for Child’s Attendance.
(1) It shall be the responsibility of a parent, guardian or any other person
having custody of a child of 5 to 18 years to ensure that a child under
his or her custody, care or guardianship enrolls in, and attends public
elementary or secondary level school upon attaining eligibility
during any given school year.
(2) The parent, guardian, or person, having custody of a child who is
eligible to attend elementary or secondary level education;
(a) but the child is, without good cause or reasonable explanation,
not attending any elementary or secondary level schools in the
Republic; or
(b) if enrolled in a school, the child does not attend school
regularly, or
(c) the child is found delinquent under the Juvenile Procedure Act
and placed on probation, may be subject to penalties provided
under Juvenile Delinquency Actor penalties under any
regulations established by the Board.
DIVISION 3 - STUDENT PROGRESS AND CONDUCT
§321. Student Assessment and Progress
The Board shall make provisions for assessing and reporting the progress of
each student. At the end of each school year, students making normal
progress shall be promoted to the succeeding grade or graduated, as
appropriate. Promotion shall be based on the student’s academic
performance and other appropriate measures. No student shall remain in
the same grade more than two years.
§322. Secondary Education
A public high school entrance examination shall be administered to all
eighth-grade students as a means of determining placement in public high
school. Such secondary education, consisting of Grades 9 through 12, shall
be provided to students who qualify for admission to high school and who
continue to meet Public School System and school standards.
§323. Student Conduct
The Board shall establish rules for dealing with breaches of appropriate
student conduct, shall distribute such rules to students and parents, and
shall act promptly and in accordance with the rules when breaches of
conduct arise.
§324. Teacher Conduct
(1) The Board shall establish rules or regulations for dealing with
breaches of appropriate teachers’ conduct including disciplinary
measures and appeal processes.
(2) The Board shall distribute such rules or regulations to students and
parents, and shall act promptly and in accordance with the rules
when breaches of conduct arise.
(3) Corporal Punishment is prohibited in the public school system.
DIVISION 4 - STUDENT HEALTH AND SUPPLEMENTARY SERVICES
§325. Student Health and Safety
(1) The Public School System shall promote the physical, mental, social
and emotional well-being of students by providing instruction in
positive health habits and attitudes, essential health services and a
healthy school environment with adequate water and sanitation
facilities.
(2) The Public School System, in cooperation with the Ministry of Health
shall enforce Ministry of Health regulations regarding physical
examinations, immunization and communicable diseases. Any
student or teacher contracting a communicable disease may be
excluded from school until a physician certifies that the student or
teacher may return to school. For the purposes of this section
“communicable disease” has the same meaning and categorization
under the Communicable Disease Prevention and Control Act, (7
MIRC 2).
§326. School Transportation
The Public School System may provide suitable transportation to and from
school for Special Education, preschool, elementary and secondary students
as resources permit. The Public School System shall adopt rules as it deems
necessary to provide such transportation. In developing such rules, the
Public School System shall consider the school attendance area in which a
child normally resides; the distance the child lives from the school; the
availability of public carriers of other means of transportation; the
frequency, regularity and availability of public transportation; the grade
level, physically disabled or special learning disability of a child; any such
other conditions or circumstances unique to an area, island, atoll or
community.
§327. School Property
The Board shall adopt policies for proper management, acquisition and
control of property and facilities, including grounds, equipment and
vehicles.
§328. Residence Assistance
Secondary students attending school under such circumstances that
transportation cannot be provided on a daily basis may be provided
residence assistance by the Public School System.
§329. Nutrition
The Public School System shall promote good nutrition in each of the
schools of the Republic. The Commissioner shall appoint trained and
experienced nutrition workers, who shall be members of the public service,
to carry on nutrition work in the schools under such rules and regulations as
the Board shall make from time to time.
§330. School Meal Program
(1) The Commissioner through the Board may assist any community in
establishing a school meal program under such rules and regulations
as the Board may promulgate.
(2) The Commissioner through the Board shall establish a meal program
for all schools having dormitory facilities. The program shall be
operated under the general direction of the school principal in
accordance with standards of health cleanliness as prescribed by the
Ministry of Health.
DIVISION 5 - NON-PUBLIC SCHOOLS
§331. Charter Required
(1) Any person or persons desiring to establish a non-public school shall,
prior to the establishment thereof, make written application of a
charter to the Commissioner. The application shall be signed by the
applicant or applicants and shall state in substance:
(a) the names of the persons desiring to establish the school;
(b) the proposed location thereof;
(c) the course of instruction and the language in which the
instruction is to be given;
(d) teacher qualifications;
(e) student enrollment; and
(f) such other information as the Secretary may require.
(2) The Commissioner shall review the application and make such
recommendation to the Board as the Board may consider appropriate.
Upon receipt and approval of the application, the Board shall issue a
charter in a form to be approved by him, authorizing the
establishment of the school.
(3) No non-public school shall be established except in conformity with
this Chapter; provided that any non-public school existing in the
Republic under a valid charter on the effective date of this Chapter
shall be deemed to have complied with the requirements set forth in
this Part.
§332. Non-public School Attendance
(1) Attendance at any school established or maintained without
complying with the terms of this Chapter shall not be considered
attendance at a public or non-public school as required by law.
(2) The Public School System may from time to time require non-public
schools to submit reports of attendance and other matters of public
concern. Failure to meet the standards required of non-public schools
or failure to in any way comply with the provisions of law shall be
cause for refusal to issue a charter or for the revocation or suspension
of any charter.
§333. Benefits to Students
Students of non-public schools may receive from the national government,
as resources permit, some benefits with public school students in such areas
as transportation, textbooks, testing services, medical and nursing services,
and meal programs, provided that such benefits do not violate the
Constitution or any other law of the Republic.
PART 4 - EVALUATION AND CERTIFICATION
§334. Comprehensive Needs Assessment Program
(1) The Board of Education, in cooperation with Local Boards, shall from
time to time but at least once every five (5) years, direct a
comprehensive needs assessment program of all students in the
Republic in light of national goals and standards.
(2) The Board of Education shall make the results of the needs
assessment program available to Local Boards, which shall review
and update their particular educational goals objectives and
standards to meet those needs. All such results shall be made public.
§335. Evaluation of Performance of Each School
(1) For the purpose of evaluating the thoroughness and efficiency of each
of all schools in the Republic, the Board shall develop and administer
a uniform, nation-wide system for evaluating the performance of
each school.
(2) The system developed under Subsection (1) shall be based in part on
annual testing for achievement in basic skills areas, and in part on
such other means as the Commissioner through the Board deems
proper in order to:
(a) determine student needs;
(b) ensure student progress;
(c) assess the degree to which the educational objectives have
been achieved; and
(d) monitor compliance with national standards and procedures.
§336. Certification
Subject to Section 334, if, upon review of the Public School System
evaluations and reports, the Board determines that a Local Board satisfies
the evaluation criteria under the system administered pursuant to
Section 334 of this Chapter, the Commissioner shall recommend that the
Board certify the Local Board as providing a thorough and efficient system
of education. Initial and renewal certification shall be up to, but not more
than, three (3) years.
§337. Corrective Action Plan
If upon review of the Public School System evaluations and Reports the
Commissioner determines that a Local Board has failed to show sufficient
progress toward the goals, guidelines objectives and standards set forth in
this Act, despite allowing the Local Board a reasonable opportunity to
correct such deficiencies, the Commissioner shall recommend that the Local
Board undertake a corrective action plan to achieve certification. The plan
shall be developed for each particular Local Board by the Commissioner in
conjunction with the Local Board following an examination of all aspects of
the Local Board’s operations, including education, governance, management
and finance as well factors external to the Local Board’s schools which may
contribute to the deficiencies in educational achievement. The
Commissioner may recommend measures to mitigate the effects of any such
external factors in schools.
PART 5–FINANCIALS
§338. Education Fund
(1) There is hereby established a fund to be known as the Education
Fund (hereinafter, the “Fund”).
(2) The Fund is a fund other than the Marshall Islands General Fund
within the meaning and for the purposes of Article VIII, section 3 (2)
of the Constitution.
(3) The Fund shall be administered by the Commissioner of Education,
under the supervision of the Minister and the National Board of
Education.
§339. Payments into the Fund
(1) There shall be paid into the Fund:
(a) any monies appropriated by the Nitijela for the purposes of
this Chapter;
(b) any monies or any real or personal property, including gifts,
grants, advances, contributions and any other assistance which
may be received, granted, given, bequeathed, devised,
endowed or in any manner received from any source for the
purposes of this Chapter;
(c) any monies received from any fees authorized by this Chapter
or rules or regulations promulgated in accordance with this
Chapter; and
(d) any other monies or property payable by or under any other
law into the Fund.
(2) Where any gift, grant, advance, contribution or other assistance is
received for a specific purpose or subject to any conditions it may be
expended or used only for that purpose or subject to those
conditions.
(3) The Nitijela shall appropriate sufficient monies in each financial year
to assure adequate levels of funding to meet the obligations of the
Government of the Republic under Article II, Section 17 and
Article V, Section 1(3) (h) of the Constitution.
§340. Payments out of the Fund
(1) Payments may be made out of the Fund only for:
(a) carrying out the powers and duties of the Public School
System and for the purpose of establishing, improving and
maintaining a thorough and efficient system of education
in the Republic;
(b) working capital and petty cash, and for similar purposes;
(c) all other costs and expenses of the Public School System for
administrative and other purposes; and
(d) the implementation of this Chapter and any rules or
regulations promulgated under this Chapter.
(2) Pursuant to Article VIII Section (5)(1) of the Constitution, the Minister
for Education is hereby vested with the authority to approve
expenditure of funds in the Education Funds in accordance with this
Chapter.
(3) No money shall be withdrawn from the Fund except in accordance
with this Chapter and with other procedures prescribed by the
Financial Management Act, 11 MIRC 1 that may deemed necessary.
§341. Accounts and Records
(1) The Commissioner of Education shall maintain, in accordance with
the procedures prescribed by the Financial Management Act, 11
MIRC 1, proper accounts and records with respect to the Fund, any
money paid into or out of the Fund, and any property purchased
with money from the Fund.
(2) The disbursement of funds must in addition, comply with the
provisions of the Fiscal Procedures Agreement under the Compact of
Free Association as Amended (as it relates to Compact funds), as well
as the procurement requirements set out under the Procurement
Code (44 MIRC Chapter 1).
(3) The accounts to be laid before the Nitijela by the Minister of
Education under Article VIII, Section 5(4) of the Constitution shall
include accounts relating to the Education Fund.
(4) The accounts and records maintained under Section (1) of this Section
shall be audited by the Auditor-General as provided for under
Article VIII, Section 15 of the Constitution.
§342. Budget
(1) The Commissioner shall submit to the Minister of Education, through
the Board of Education, at such time as is directed by the Minister of
Finance, annual estimates of revenue and expenditure covering its
anticipated operations for the following twelve (12) month period, for
approval by the Cabinet.
(2) The Commissioner of Education shall submit to the Minister of
Education, through the Board from time to time supplementary
estimates of revenue and expenditure for approval by the Cabinet.
(3) The estimates provided under Subsections (1) and (2) of this Section
shall be in such form and contain such information as the Cabinet
directs.
(4) Except with the approval of the Minister money may not be
expended out of the Education Fund other than in accordance with
estimates submitted under Subsections (1) and (2) of this Section and
in accordance with the other provisions of this Chapter.
§343. Standard Salary Scales
The public school system shall ensure in its policy or regulations, to follow
similar grading or classification system or pay scales for teachers as
established by regulations of the Public Service Commission for members of
the Public Service.
PART 6– MISCELLANEOUS
§344. Annual Reporting
(1) The reports submitted to the National Board by the Local Boards
pursuant to Section 345 shall form the basis for an annual report by
the Commissioner to the Nitijela by August 15th of each year, which
shall include the following:
(a) a description of the condition of education in the Republic;
(b) an assessment of the efforts of Local Boards in meeting the
national goals and standards;
(c) a description of the steps that are necessary and those that are
being taken to correct deficiencies in school performance;
(d) an assessment of the effectiveness of this Chapter and
regulations promulgated pursuant to this Chapter in
producing a thorough and efficient system of education;
(e) recommendations to the Nitijela for any legislative action, if
appropriate; and
(f) addressing any other national or local educational problems
and providing recommendations for improving the
educational system in the Republic.
(2) In addition to the items specified in Subsection (1) this Section, the
Commissioner shall include an account of the progress of each Local
Board in meeting the goals, objectives and standards prescribed
under this Chapter, identify those Local Boards and schools which
fail to meet them, and make recommendations, if necessary, for
eliminating any deficiencies.
§345. Local Board Reporting
(1) Each Local Board shall make an annual report by July 15th of each
year to the National Board of its progress in conforming to the goals,
objectives and standards developed under this Chapter. Each report
shall include the following:
(a) demographic data related to each school;
(b) results of assessment programs, including nation-wide and
local testing conducted at each school, and the result of the
district evaluation of student proficiency in basic skills;
(c) included on each school’s fiscal operation, including the
budget of each school;
(d) results of each school’s effectiveness in achieving national and
local goals and objectives applicable to the students;
(e) plans and programs for professional improvement for teachers
and administrators;
(f) plans to carry out innovative or experimental educational
programs designed to improve the quality of education; and
(g) recommendations for school improvements during the next
academic school year.
(2) In addition to the items specified in Subsection of this Section, the
National Board may from time to time require each Local Board to
submit a facilities’ survey, including current use practices and
projected capital needs.
§346. Liability.
(1) No member of the Board, officer, or staff of the PSS shall be
personally liable for any act or default done or omitted to be done in
good faith in the course of the administration of the PSS.
(2) Any expenses incurred in relation to any suit either in prosecuting or
defending a suit or prosecution that falls under the terms of this
Chapter shall be charge against the fund established under this
Chapter, provided that the limits of liability applicable to the
Republic shall apply to any suit brought against the PSS in the courts
of the Republic.
§347. Rules and Regulations
(1) The Minister, or the Minister’s designee, shall adopt such rules and
regulations as are necessary, in accordance with the Marshall Islands
Administrative Procedure Act 1979 (6 MIRC 1), to effectively implement
and administer this Chapter.
(2) The Minister or the Minister’s designee, may adopt rules or
regulations imposing reasonable fees for teacher certification, non-
public school charters and such other areas as are necessary for the
implementation of this Chapter.
§348. Effective date, Transition and savings
(1) This Act shall take effect in accordance with the Constitution
Article IV Section 21 of the Constitution, and Rules of Procedures of
the Nitijela, provided however that nothing in this Act shall take
effect, or affect any schools, programs or projects currently
undertaken by the Ministry of Education until the expiry of the
period of one year (1) after the certification of this Act.
(2) All rules, regulations and policies promulgated and administered by
the Ministry of Education prior to the coming into effect of this
Chapter, shall remain in operational as if made pursuant to this
Chapter, until amended, abolished or superseded, by any new rules,
regulations and policies promulgated by the Board.
(3) The Minister for Education shall, in accordance with subsection (1)
herein above, issue a public declaration announcing the effective date
of the provisions of this Act.