Chapter 03 - General Provisions

Chapter 03 - General Provisions

16.0301 Standards for schools--Responsibility of Director of Education.

The Director of Education shall determine for all types of schools efficient and adequate standards for the physical plant, lighting, ventilation, sanitation, safety, equipment and supplies, instruction operation, supervision, recognition and teaching, curriculum, library, maintenance, administration and he may grant certificates of to schools meeting such standards.

16.0302 Required attendance at schools.

Attendance at a public or private school shall be required of all children between 5 and 18 years of age inclusive, unless excused or excluded for good reason by the Director of Education.

16.0303 Responsibility of parents.

(a) Any adult person having the direct supervision of a child for school purposes shall be regarded as the parent of the child, whether the natural parent or parent by adoption, or guardian or custodian, legal or otherwise.

(b) A parent is responsible for the regular attendance of his child during the period of legal school age.

16.0304 Approval of content of courses on Samoan culture.

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

16.0305 Examination of employees.

Each public and private school employee shall be examined at least once every school year by the Department of Health, and the Department of Health may proceed in any case in such manner as it deems necessary to insure the public health and safety.

16.0306 Preventive measures against diseases.

The Department of Health may, when necessary, institute preventive measures against diseases among pupils and teachers including, but not limited to, vaccinations, inoculations, and prophylactic measures.

16.0307 Sanitary condition of buildings and surroundings.

It shall be the responsibility of principals, teachers, and pupils to keep the school buildings and surroundings in a sanitary condition in accordance with law and such rules as may be prescribed by the Director of Education or other proper authority.

16.0308 Truancy—Investigation--Notice to parents--Penalty.

(a) The truant officer, when notified by any school official, shall investigate all cases of truancy or nonattendance at school.

(b) If any parent fails to send any child under his control to some certified school, the truant officer shall, as soon as practicable after he is notified thereof, give notice to such person that such child shall be present at the proper public school on the day following receipt of such notice.

(c) The truant officer, after giving notice to any person having control of any child not attending school, shall determine whether the notice has been complied with, and if not complied with, the truant officer shall thereupon make complaint against such person before the district court wherein the person resides.

(d) Any person having control of a child who fails to comply with an order of the truant officer shall be fined not more than $15, or confined in prison for not more than 1 month, or both.

16.0309 Immunization--Mandatory prior to school enrollment--Exceptions.

Prior to a child’s initial enrollment in any school in American Samoa, one of the following statements must be submitted to the principal or other person having general control and supervision of the school:

(1) a statement signed by a physician that the child has received a tine test for tuberculosis and immunization against red measles and German measles or rubella, poliomyelitis, diphtheria, whooping cough, and tetanus, by means approved by the chief health officer and that the immunization is currently effective; or

(2) a statement signed by a physician that the physical condition of the child is that immunization would seriously endanger the child’s life or health; or

(3) a statement signed by the child’s parent or guardian that the child has not been immunized as prescribed in paragraph (1) because the child is being reared as an adherent of a religious denomination whose teachings are opposed to that immunization.