DRAFT CSC, Title 20.  Education
 
CHAPTER 1
Board of Education

1001.  Short Title.
1002.  Purpose.
1003.  Creation of Board; Composition.
1004.  Qualifications.
1005.  Appointment; Term.
1006.  Removal; Vacancies.
1007.  Officers; meeting; quorum.
1008.  Executive Director.
1009.  Compensation.
1010.  Functions and Duties.
1011.  Budget.

      1001.  Short Title.
     This Act Chapter is known and may be cited as the "Chuuk State Board of Education Act of 1991."

Source:  CSL 191-15, 1, modified.

Cross-reference:  The constitutional provisions on education are found in Art. X, Sections 1 to 5 of the Chuuk State Constitution.  Sections 1 to 5 state as follows:

     Section 1.  Free compulsory public elementary and free public secondary education shall be provided in the State of Chuuk as prescribed by statute.
     Section 2.  The State Government shall provide for the establishment, management, and support of a statewide system of public schools which shall, within the limits of its resources, provide an education of quality and relevancy, free from sectarian control and available to all persons in the State of Chuuk.
     Section 3.  There shall be a governing Board of Education, consisting of 8 members, with each member appointed by the Governor with the advice and consent of the Senate.  One of the members shall serve from each of the 5 Senatorial Regions, one from the public school system, one from the private system, and one who is known for knowledge and expertise in a field related to education.  The members of the Board shall serve staggered terms, as prescribed by statute.
     Section 4.  A head of the Education Department shall be appointed by the Governor with the advice and consent of the Senate from among 3 candidates nominated by the Board of Education. The Board shall have the power, as prescribed by statute, to formulate policy and to exercise control over the public school system through the head of the Education Department.  The head of the Education Department shall serve as the executive director of the Board and may only be removed by the Board.
     Section 5.  The standard and conditions for the establishment of private schools shall be provided by law.  Assistance may be provided to parochial schools for non-religious purposes.

      1002.  Purpose.
     The purpose of this act Chapter is to provide for the establishment of a Chuuk State Board of Education for the purpose of providing centralized control and direction to, and formulating policy for the Chuuk educational system, and thereby improve the quality of education offered to the children of Chuuk State.

Source:  CSL 191-15, 2.

      1003.  Creation of Board; Composition.
     There is hereby established a Chuuk State Board of Education which shall consist of eight (8) members:  One member from each of the five Senatorial regions of Chuuk State, and each member shall be a legal resident of a municipality within the respective senatorial region from which selected; one member shall be selected from the public school system and one member from the private schools; and one member who is an expert in the field of education.

Source:  CSL 191-15, 3.

      1004.  Qualifications.

     (1)  The five members appointed from the senatorial regions and the two members appointed from the public and private schools shall each possess at least an Associate Degree in any field of studies.  The two members representing the public and private school system, in addition to the requirement of possession an Associate Degree, shall have at least 5 five years of working experience in education, and shall be, at the time of appointment and during their terms on the Board, employed by their respective system.  Except as provided in this Act Chapter, all Board members other than the member who is an expert in the field of education shall not be current employees or staff of the Department of Education.

     (2)  The member appointed for his knowledge and expertise in the field of education shall possess at least a Master Degree in Education or a related field, and shall have at least 10 years of teaching or administrative experience.

Source:  CSL 191-15, 4.

      1005.  Appointment; Term.
     Members shall be appointed for a term of five years.  Each member of the Board shall be appointed by the Governor with the advice and consent of the Senate.  The terms of the first appointed members of the Board shall be staggered as follows:

     (1)  three members shall serve for five years;

     (2)  three members shall serve for four years; and

     (3)  two members shall serve for three years.

Members thereafter shall serve for five years.  The first members shall draw lots to decide which members to shall serve the specified terms.

Source:  CSL 191-15, 5.

      1006.  Removal; Vacancies.

     (1)  The Governor may remove any member of the Board with the concurrence of the Senate, provided the cause of removal is based upon misconduct, incompetency, neglect of duty, failure to attend three meetings without just cause, or other good cause.  The Board by majority vote may remove a member for the same reasons enumerated above.

     (2)  A vacancy occurs when a member of the Board:

     (a)  dies;

     (b)  resigns;

     (c)  is removed from the Board;

     (d)  has been incapacitated or disabled; or

     (e)  becomes an employee or staff of the Department of Education, except the member who represents the public school system.

A vacancy on the Board shall be filled for the duration of the vacancy by appointed as provided in Section 1005 of this Act Chapter.

     (3)  For the purpose of subsection (b) of this Section, "incapacitated" and "disabled" both refer to the physical or mental condition of a Board member which renders him unable or unfit to perform the duties of a member for at least six 6 months.

Source:  CSL 191-15, 6.

      1007.  Officers; meeting; quorum.

     (1)  In its first meeting pursuant to this Act Chapter, the youngest member of the Board shall act as the Chairman of the Board until the Board, by majority vote, shall elect from among its members a Chairman and a Vice-Chairman and other officers as the Board deems necessary, who shall serve for such terms as may be prescribed by the Board.  In the absence of the Chairman, the Vice-Chairman shall preside over the meetings of the Board.  If the chairmanship is vacant, the Vice-Chairman shall assume the duties of the Chairman, and the Board shall elect a new Vice-Chairman.

     (2)  The Board shall meet at such times and places as it may designate but shall not meet less than twice a year.  Each member shall be notified of future meetings by either the Chairman or the executive director, at least seven 7 days prior to any meeting.  The Board may prescribe the manner of conducting special or emergency meetings, and the giving of notice thereof.

     (3)  The Board is deemed organized and ready to transact business when at least the five members selected from the five State senatorial regions have been confirmed by the Senate.

Source:  CSL 191-15, 7, modified.

      1008.  Executive Director.

     (1)  The head of the Department of Education shall serve as the Executive Director of the Board and shall carry out such duties and functions as assigned by the Board.

     (2)  The Executive Director shall attend all meetings and shall have no power to vote.

     (3)  The Executive Director shall be responsible for providing the logistical and administrative needs of the Board and other needs as may be declared by the Board.

     (4)  In the absence of the Executive Director, the Deputy Director of the Department of Education or whoever is assuming the directorship, shall serve as the temporary Executive Director of the Board.

     (5)  Staff may be hired upon the recommendation of the Executive Director.

     (6)  The Executive Director may be removed by a majority vote of all Board members for misconduct, incompetency, neglect of duty, or other good cause.

Source:  CSL 191-15, 8.

      1009.  Compensation.
     Notwithstanding any provision of law to the contrary, each member of the Board shall be entitled to receive an allowance of $35.00 per day when conducting the business of the Board, provided that members who are not government employees shall receive an additional $15.00 per day.  In addition, members shall be paid for travel expenses and per diem while on Board business outside the state or while traveling within the state, in accordance with standard rates established by law.

Source:  CSL 191-15,  9.
 
      1010.  Functions and Duties.
     The Board of Education shall have the power, in accordance with the Chuuk State Constitution, to formulate policy and to exercise control over the educational system in Chuuk State.  The powers and responsibilities of the Board shall include, but are not limited to:

     (1)  defining educational objectives for Chuuk State;

     (2)  formulating policies and adopting rules and regulations for the educational system of Chuuk;

     (3)  evaluating past and current educational expenditures and reviewing and recommending educational budgets to be submitted to the Governor for submission to the Legislature;

     (4)  reviewing and establishing educational curriculum standards and teaching credentials by way of certification or examination for primary and secondary schools;

     (5)  recommending three candidates for the Office of the Director of the Department of Education; provided , that the Board shall notify the public of a period during which interested persons shall submit applications for the directorship position, and that the Board shall select from among the applicants three candidates.

     (6)  setting standards for the professional staff of the Department of Education through rules and regulations, and recommending to the Public Service Commission the salaries thereof;

     (7)  recommending and supporting the enactment of laws relating to education that have as their aim the strengthening and improvement of the welfare, quality and stability of, and the adequacy of financial support of the schools in Chuuk State;

     (8)  setting standards for the establishment of new schools and reviewing and approving applications for new schools and renewal of school charters and the closure of schools which fail to satisfy the standards and criteria established pursuant to this Act Chapter.

     (9)  making periodic reports to the Governor and the Legislature with respect to the state of the educational system of Chuuk State, and other relevant matters;

     (10)  performing such other duties and functions as may be prescribed by law.

Source:  CSL 191-15, 10.

      1011.  Budget.
     The Director of the Department of Education shall prepare a budget and shall submit the same to the Governor after its approval by the Board, not less than 30 days prior to the date set by the Governor for submission of the Governor's annual budget to the Legislature.  The Governor shall review and may revise the Board's budget and submit the same along with the original proposal of the Board, and any comments specific to the Board. s budget proposal.

Source:  CSL 191-15, 11.

Cross-reference:  The constitutional provisions on education are found in Art. X, Sections 1 to 5 of the Chuuk State Constitution.  Sections 1 to 5 state as follows:

     Section 1.  Free compulsory public elementary and free public secondary education shall be provided in the State of Chuuk as prescribed by statute.
     Section 2.  The State Government shall provide for the establishment, management, and support of a statewide system of public schools which shall, within the limits of its resources, provide an education of quality and relevancy, free from sectarian control and available to all persons in the State of Chuuk.
     Section 3.  There shall be a governing Board of Education, consisting of 8 members, with each member appointed by the Governor with the advice and consent of the Senate.  One of the members shall serve from each of the 5 Senatorial Regions, one from the public school system, one from the private system, and one who is known for knowledge and expertise in a field related to education.  The members of the Board shall serve staggered terms, as prescribed by statute.
     Section 4.  A head of the Education Department shall be appointed by the Governor with the advice and consent of the Senate from among 3 candidates nominated by the Board of Education. The Board shall have the power, as prescribed by statute, to formulate policy and to exercise control over the public school system through the head of the Education Department.  The head of the Education Department shall serve as the executive director of the Board and may only be removed by the Board.
     Section 5.  The standard and conditions for the establishment of private schools shall be provided by law.  Assistance may be provided to parochial schools for non-religious purposes.