TITLE 60

BOARD OF EDUCATION


 

Chapter 10     Child Care Program Administrative Rules and Regulations                               

Chapter 20     Public School System Rules and Regulations                                                        

Chapter 30     Public School System Personnel Rules and Regulations

                                    Subchapter 30.1  Public School System Personnel Regulations

                                    Subchapter 30.2  Employment of Certified Personnel Regulations

                                    Subchapter 30.3  Employment of Non-certified Personnel Regulations

Chapter 40     Public School System Procurement Rules and Regulations                     

Chapter 50     Special Education Program Regulations                                                               

Chapter 60     Head Start Program Regulations

 

CHAPTER 60-10

CHILD CARE PROGRAM ADMINISTRATIVE RULES AND REGULATIONS

 


Part 001          General Provisions

§ 60-10-001     Purpose

§ 60-10-005     Definitions

§ 60-10-010     Confidentiality

§ 60-10-015     Geographical Location

§ 60-10-020     Scope

 

Part 100          Applications to Child Care Program

§ 60-10-101     Application Process

§ 60-10-105     Priority Applications

§ 60-10-110     Notice of Application Disposition

 

Part 200          Eligibility

§ 60-10-201     Eligibility Requirements for Child Care Services

§ 60-10-205     Income Considered in Eligibility Determination

§ 60-10-210     Excluded Monthly Income

§ 60-10-215     Treatment of Income

 

Part 300          Child Care Payment

§ 60-10-301     Method of Computing Child Care Payment

§ 60-10-305     Child Care Payments

 

Part 400          Other Requirements

§ 60-10-401     Reporting Changes

§ 60-10-405     Re-determination of Eligibility

 

Part 500          Adverse Actions

§ 60-10-501     Denial, Suspension or Termination of Child Care

§ 60-10-505     Notice of Adverse Action

§ 60-10-510     Administrative Appeal Requests

§ 60-10-515     Overpayment and Recoupment

§ 60-10-520     Termination for Insufficient Funds

 

Attachment # 1 Payment Schedule

Attachment # 2 [Reserved]

Attachment # 3 Sliding Fee Scale


Chapter Authority: CNMI Const., art. XV; 1 CMC §§ 2251-2273; 3 CMC §§ 1101-1192.

 

Chapter History: Amdts Emergency, 31 Com. Reg. 29608 (June 2009) (effective for 120 days from June 18, 2009);* Amdts Adopted 26 Com. Reg. 23026** (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

* The Department of Community and Cultural Affairs (DCCA) promulgated emergency regulations proposing to repeal this chapter and create a new chapter under Title 55 (DCCA). As of the current date, a notice of adoption had not been published.

 

**Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: Title 3, division 1 of the Commonwealth Code contains the education laws of the Commonwealth. PL 6-10, the “Education Act of 1988,” codified as amended at 1 CMC §§ 2251-2273 and 3 CMC §§ 1101-1192, took effect on October 25, 1988. PL 6-10 § 1 created the Public School System as a nonprofit corporation within the Commonwealth government, headed by the Board of Education. See 1 CMC §§ 2251 and 2261. The Board of Education is empowered to formulate policy and exercise control over the Public School System and to establish rules, regulations and policies for the operation of the Public School System. See 1 CMC § 2268(b).

 

PL 6-10 repealed and reenacted PL 3-43 (effective Jan. 19, 1983), a comprehensive revision of the Commonwealth’s education laws. See the commission comment to 3 CMC § 1101.

 

Prior to October 25, 1988, the Commonwealth government included a Department of Education and Board of Education, which are the predecessors of the current Public School System and Board of Education. See PL 1-8 (effective August 10, 1978) and PL 3-43. Throughout the development of education law in the Commonwealth, the Board of Education has been the entity with the authority to promulgate rules and regulations.

 

On October 16, 2007, Governor Benigno R. Fitial ordered that the Department of Community and Cultural Affairs, Child Care Licensing Division shall control federal grants provided under the Child Care Development Fund. Executive Order No. 2007-10, 29 Com. Reg. 27156 (Oct. 2007). The order provides: “All program regulations shall remain the same except with regards to the designation of the lead agency.”

 

In June 2009, the Department of Community and Cultural Affairs (DCCA) temporarily repealed this chapter and promulgated emergency regulations governing the administration of the Child Care Development Fund. 31 Com. Reg. 29608 (June 2009). Emergency regulations are effective for 120 days. 1 CMC § 9104(b). As of October 3, 2016, a notice of adoption repealing this chapter and adopting the emergency regulations promulgated by DCCA had not been published.

 

Part 001 -   General Provisions

 

§ 60-10-001   Purpose

 

The purpose of the administrative rules in this chapter is to provide guidance for determining eligibility requirements, benefit amounts, and method of determining child care payments for the child care program in compliance with the rules governing the administration and implementation of the child care and development fund block grant authorized as part of the Omnibus Reconciliation Act of 1990, Pub. L. No. 101-58 § 5082* and as amended by PRWORA, Public Law 104-193 § 9598.

 

* So in original. See Commission Comment.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

The reference to Pub. L. No. 101-58 appears to be in error. Pub. L. No. 101-58 is a joint resolution designating the 1990s as the “Decade of the Brain.” Public Law 104-193 does not contain a section 9598.

 

§ 60-10-005   Definitions

 

(a)        “Activity” means employment, education, or job training, vocational or employment training.

 

(b)        “After school care” means a child care program provided after the close of the regular school day during the academic year for children who are enrolled in public or private elementary schools.

 

(c)        “Applicant” means parent who applies to the child care program for child care benefits.

 

(d)       “Application” means the written action by which an individual applies on behalf of his/her family to receive child care services on a form prescribed by the child care program. The application requests information on the total monthly family income, size of the family, ages of family members, employment status or education or training or a combination thereof of the parent applicant or applicants and requires attachments that evidence monthly family income, education or training status, employment status, and proof, usually birth certificates or passports, of age and citizenship of the applicants.

 

(e)        “Before school care” means a child care program provided before the opening of the regular school day during the academic year for children who are enrolled in public or private elementary schools.

 

(f)        “Budget month” means the calendar month from which the child care program shall use the child care payment form to calculate the reimbursable payment for the month.

 

(g)        “Center-based child care provider” means a provider licensed or otherwise authorized to provide child care services for fewer than 24 hours per day per child in a non-residential setting.

 

(h)        “Child” means any person who has not reached the age of thirteen.

 

(i)         “Child care” means those situations in which a child care provider has agreed to assume the responsibility for the child’s supervision and development/guidance, apart from and in the absence of the child’s parent, for any part of a 24-hour day.

 

(j)         “Child care program” means the CNMI public school program that shall administer and implement child care development fund (CCDF) activities and provide assistance in compliance with the requirements of federal regulations.

 

(k)        “Child care provider” means any person, 18 years and older, or an agency, or organization and their employees who provide direct care, supervision, and guidance to children apart from and in the absence of the child’s parent(s). Child care providers are regulated by the child care program of the Department of Community and Cultural Affairs to provide child care or are legally exempt from licensure or registration by the child care program of Community and Cultural Affairs under Public Law 4-67 and Public Law 4-69.

 

(l)         “Child care services” means the care given to an eligible child by an eligible child care provider.

 

(m)       “Educational program” means a curriculum-based education program established by a school, agency or business for the purpose of the development of skills and/or academic study necessary for an occupation.

 

(n)        “Employed” means the parent is engaged in an activity in exchange for wages or salary for at least 30 hours per week.

 

(o)        “English as a second language (ESL)” means the condition where the child and/or parent (see definition on “parent”) have limited English proficiency.

 

(p)        “Family child care provider” means an individual who provides child care services to 5 or more children for fewer than 24 hours per day per child, as the sole caregiver, in a private residence other than the child’s residence.

 

(q)        “Family” means one or more adults and their minor children, if any, related by blood, marriage, adoption or judicial decree, who reside in the same household. Related adults other than spouses or unrelated adults residing together shall each be considered a separate family.

 

(r)        “Federal poverty index (FPI) guidelines” means the official federal statistical definition of poverty which is issued yearly in the Federal Register by the Secretary of the child care program of Health and Human Services under the authority of 42 U.S.C. 8621*, OBRA of 1981. It is a simplification of the U.S. Census Bureau’s poverty threshold, which is issued for administrative purposes.

 

(s)        “Full-time care” means child care provided for 30 hours or more per week. This does not apply to before-school care, after-school care and intercession care.

 

(t)        “Gross income” means any benefit in cash which is received by the individual as a result of current or past labor or services, business activities, interest in real or personal property or as a contribution from persons, organizations, or assistance agencies.

 

(u)        “Group home child care provider” means two or more individuals who provide child care services to 5 or more children for fewer than 24 hours per day per child, in a private residence other than the child’s residence.

 

(v)        “In home care provider” means any individual who is not employed and is providing assistance in the home of the child(ren).

 

(w)       “Intersession care” means child care provided at breaks during the academic year for children who are enrolled in public or private elementary schools, including summer care and holidays

 

(x)        “Job training,” “vocational or employment training” means an organized training program (including community college and university education) established by an institution, agency or business for the purpose of the development of occupation.

 

(y)        “License-exempt care” means child care to less than 5 children which is exempt from licensure pursuant to CNMI law & the current state plan and is registered by the child care program.

 

(z)        “Licensing agency” means the department within the CNMI government that approves or disapproves child care licensing in accordance with CNMI law and the Day Care Rules and Regulations [NMIAC, title 55, subchapter 40.1], specifically the Department of Community and Cultural Affairs (DCCA).

 

(aa)      “Parent” means a birth, foster or adoptive parent, guardian, a person acting in the place of a parent, stepparent, or relative who is related to the child by blood, marriage, or adoption, who resides with and is legally responsible for the care, education, and financial support of a child. That designation may remain even when the child or parent is temporarily absent from the home as long as the parent continues to maintain responsibility for the care, education, and financial support of the child.

 

(bb)      “Part-time care” means child care provided for less than 30 hours per week. This excludes before-school, after-school care and intersession care.

 

(cc)      “Payment month” means the calendar month in which the child care program shall issue the child care payment.

 

(dd)     “Physician” means an individual licensed by the CNMI for the practice of medicine.

 

(ee)      “Registered” means children, parents, and service providers who are registered with the PSS child care program and who benefit from the PSS child care program.

 

(ff)       “Relative” means related by blood, marriage, or adoption.

 

(gg)      “Relative care” means child care provided by legal grandparents, great-grandparents, great aunts, 1st and 2nd cousins, aunts, uncles, and siblings living in a separate residence who are at least 18 years old. Relative child care providers caring for 5 or more children must be licensed.

 

(hh)      “Sliding fee scale” means a system of cost sharing by a family based on income and size of the family in accordance with 45 CFR subpart 98.42.

 

(ii)        “School age” means the chronological age of children enrolled in elementary & junior high school below the age of 13.

 

(jj)        “Special needs child” means a child who is physically or mentally incapable of caring for himself or herself as determined by a health care provider and a Public School System certified psychologist.

 

(kk)      “State plan” means the official document submitted to the federal government by the child care program describing the administration of child care services in the CNMI under the child care development fund.

 

(ll)        “Very low income” means income that is at or below the 85% of state median income guideline as referenced on attachment #1 of the state plan effective up to 2005.

 

* So in original. See Commission Comment.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: In subsection (x), the Commission moved the comma after “training” inside of the closing quotation mark.

 

The reference to 42 U.S.C. 8621 in subsection (r) appears to be incorrect. This section describes home energy grants.

 

§ 60-10-010   Confidentiality

 

Family income data, employment records and other family and child records and monthly data reported to the federal government on families receiving subsidized child care services shall remain confidential and saved in locked data files. (This applies to both computerized and paper files).

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: The Commission inserted a period after “files” to correct a manifest error.

 

§ 60-10-015   Geographical Location

 

All child care is made available to eligible clients on a CNMI-wide basis.

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

§ 60-10-020   Scope

 

Child care services, irrespective of setting, must include

 

(a)        Supervision to assure the child’s safety, comfort, and health;

 

(b)        Personal care as appropriate to the child’s age and developmental maturity;

 

(c)        Educational and recreational activities appropriate to the child’s age, developmental stage, and degree of physical or mental ability;

 

(d)       Health and nutritional services which may include breakfast, lunch, dinner, and snacks; health and nutritional education to the child, as well as to the parents or parents; monitoring of health problems; and where appropriate, arranging for medical or psychological screening and consultation.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: In subsection (d), the Commission changed the final semi-colon to a period and deleted the word “and.”

 

Part 100 -   Applications to Child Care Program

 

§ 60-10-101   Application Process

 

(a)        Request for child care services shall be submitted in writing on a form prescribed by the child care program.

 

(b)        The form shall be dated and signed under penalty of perjury that all the information requested by the child care program to establish eligibility for child care services, as stated on the form, is accurate.

 

(c)        The form shall be signed by the parent. Applicants are required to submit copies of documents (including, but not limited to an employment verification stating hours and hourly rate, paycheck stubs with business name, hours worked and hourly rate, birth certificates, school and/or training) for verification. It is the responsibility of the applicant to provide the necessary documentation for verification.

 

(d)       Applicants shall provide verification of the cost of the selected child care arrangement.

 

(e)        The date of application shall be the date the signed form and all supporting documents are received by the child care program.

 

(f)        The date of eligibility shall be determined by the child care program once all required documentation is received and verified and the child care program determines that the family is eligible for subsidized care.

 

(g)        It is the responsibility of the applicant to provide necessary documentation for the eligibility determination.

 

(h)        For applicants determined eligible, child care subsidized payments shall be initiated or arranged as soon as possible, but not later than 30 days from receipt of the payment invoice from the service provider; which is signed by the parent and the provider. Child care services shall be denied when the applicant does not complete the process of application/determination of eligibility, including but not limited to verification, or withdraws the application or is otherwise ineligible.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: The Commission created the title for part 100.

 

§ 60-10-105   Priority Applications

 

The following sets forth the priorities for serving eligible children:

 

(a)        Families with very low income

 

(b)        Low income families with special needs children

 

(c)        Homeless families with children.

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

§ 60-10-110   Notice of Application Disposition

 

(a)        The child care program shall notify applicants in a letter about the applicants’ eligibility for child care service within fifteen days after submission of a complete application with all required attachments. The letter will indicate the period of eligibility, level of benefits, reporting requirements and the date of the review.

 

(b)        Applicants determined not eligible shall be sent a written notice that contains a statement of the action taken, the reasons for the action, the specific rules supporting the action, and the right to appeal the action of the child care program through established administrative appeal procedures.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Part 200 -   Eligibility

 

§ 60-10-201   Eligibility Requirements for Child Care Services

 

Depending upon availability of funds, children who qualify for child care payments shall meet the following requirements:

 

(a)        Reside with the parent who is working, attending job training or an educational program and who has a monthly CNMI gross income that does not exceed federal poverty income guidelines (FPIG) for a family of the same size; and

 

(b)        Be under the age of 13; and

 

(c)        All parents in family shall be eligible for child care under this chapter provided the parents meet the following conditions:

(1)        Have a monthly gross income that does not exceed FPIG (federal poverty income guideline) for a family of the same size; and

(2)(i)    Residency: The family must be living in the CNMI with the intention of making the CNMI their home permanently. Acceptable documentation includes, but is not limited to, utility payment receipts, house rental/ mortgage receipts, etc.

(ii)        Citizenship: Only the citizenship and immigration status of the child, who is the primary beneficiary of the child care service, is required for eligibility purposes. The child must be a U.S. citizen or a qualified alien, as defined in Personal Responsibility Work Opportunity Act (PRWORA), to be eligible for child care assistance. Acceptable documentation includes, but is not limited to, birth certificate or passport.

(3)        Gainfully employed 30 hours per week or scheduled to start work in 2 weeks; or

(4)        Need child care for up to 30 calendar days during a break in employment, if employment is scheduled to resume within 30 calendar days; or

(5)        Are enrolled in a job training and educational program (for at least 30 hours per week) sanctioned by the PSS or WIA or attending an education program on a full time basis (12 hours per semester for the college and five classes per day for the PSS); or

(6)        Are a two-parent family household where one parent is in an approved activity (working, attending job training or an educational-program) and the other parent is determined to have a disability which prevents the parents from providing care for their own children. In such cases, proof of disability and inability to provide child care shall be verified by the written report of a physician, psychologist, psychiatrist, or a territory-licensed health care provider. The written report shall be reviewed every two months, and is valid when one parent is participating in an approved activity.

(7)        Eligibility may be re-established for periods not to exceed 6 months.

 

(d)       Child care providers shall meet the following conditions in order that child care payments may be authorized:

(1)        Is 18 years old or older;

(2)        Afford parents unlimited access to their children, including written records concerning their children, during normal hours of provider operation and whenever the children are in the care of the provider;

(3)        Is a licensed or license-exempt child care provider, including in-home care providers;

(4)        License-exempt providers shall be registered with the child care program and shall submit a written statement to the child care program that shall attest to their:

(i)         Willingness to provide care;

(ii)        Rate that will be charged and assurance that the provider premises are safe from hazards;

(iii)       Address and telephone number;

(iv)       Completed health and safety check list;

(v)        Police clearance;

(5)        Have no known history of child abuse or neglect, physical or psychological/psychiatric problems or criminal convictions that may adversely affect or interfere with the care of children;

(6)        Provide consent to conduct a child abuse record check and criminal history record check. A child care provider must not have criminal history that poses a risk to children; these include, but are not limited to:

(i)         Violent felonies in which an individual threatens to cause, attempts to cause or causes serious bodily injury;

(ii)        Sexually violent offenses as defined by CNMI law or other similar offenses in other jurisdictions;

(iii)       Criminal sex offense against a minor as defined by CNMI law or other similar offenses in other jurisdictions;

(iv)       Child abuse or neglect as defined by CNMI law or similar offenses in other jurisdictions;

(v)        Violations of the CNMI Minor Children Firearms Control Act or similar offenses in other jurisdictions;

(vi)       Distribution of a controlled substance to persons under 18 as defined by CNMI law or similar offenses in other jurisdictions; and

(vii)      All other criminal histories will be evaluated based on the nature and severity of the incident; the identity of the victim; the length of time since the incident; whether any specific pattern of criminal behavior exists; and specific efforts the individual has made towards rehabilitation;

(7)        Is free of tuberculosis as indicated by a skin test or chest x-ray completed within the last 24 months;

(8)        Have a child care facility or home with an installed smoke detector, unobstructed emergency exits, and an emergency exit plan; and

(9)        Shall attend training and technical assistance activities as a condition of receipt of funds to enhance their personal growth and professional development in order to improve the quality of child care services. Effective January 1, 2005 all day care center service providers must annually participate in at least 15 hours of training and technical assistance as approved by the child care program. This may include workshops, seminars, conference, etc. on health and safety, nutrition, first aid, child abuse and detection, and caring for children with special needs as scheduled and approved by the child care program.

 

(e)        Child care providers shall not be one of the following:

(1)        Parents, biological or legal;

(2)        Step-parent living in the household;

(3)        Legal guardians;

(4)        Providers who are not in compliance with territory regulatory requirements;

(5)        Individuals under the age of 18 years; and

(6)        Other individuals determined by the licensing agency and/or the child care program to pose a risk to the health and safety of a child.

 

(f)        The child care program shall:

(1)        Verify that the children and parents meet the eligibility requirements as described in the regulations in this chapter;

(2)        Determine that the provider selected by the parent is appropriate following the regulations of the licensing agency and the child care program; and

(3)        Review eligibility no less frequently than every 6 months.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: The original paragraphs of subsection (c)(2) were not designated. The Commission designated subsections (c)(2)(i) and (ii).

 

In subsections (d)(3) and (d)(4), the Commission inserted semi-colons where necessary to maintain consistent punctuation. In subsection (d)(6)(vii), the Commission inserted the final semi-colon.

 

§ 60-10-205   Income Considered in Eligibility Determination

 

(a)        Monthly gross income shall be used to determine eligibility.

 

(b)        Monthly gross income means non-excluded monthly sums of income received from sources such as but not limited to:

(1)        “Gross income” means any benefit in cash which is received by the individual as a result of current or past labor or services (before deductions), business activities, interest in real or personal property or as a contribution from persons, organizations, or assistance agencies, such as:

(i)         Wages; and

(ii)        Salary.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: In subsection (b)(1)(ii), the Commission changed the final semi-colon to a period.

 

§ 60-10-210   Excluded Monthly Income

 

The following types of income received in any given month shall be excluded from consideration in determining income eligibility for child care payments:

 

(a)        Money received from the sale of property such as stocks, bonds, a house, or a car unless the person was engaged in the business of selling the property, in which case, the net proceeds would be counted as self-employed income;

 

(b)        Withdrawals of bank deposits;

 

(c)        Loans;

 

(d)       Gifts, including in-kind gifts such as free room and board, when the gift is not a form of compensation in lieu of wages or salary;

 

(e)        Monies received in the form of a nonrecurring lump sum payment including, but not limited to, the following:

(1)        Income tax refunds, rebates, or credits;

(2)        Retroactive lump sum social security, SSI, or unemployment compensation benefits;

(3)        Retroactive annual adjustment payments in the veteran administration’s (VA) disability pensions;

(4)        Lump sum inheritances or insurance payments;

 

(f)        Refunds of security deposits on rental property or utilities;

 

(g)        Earnings of minor children who are members of the household and are students at least half-time shall be excluded even during temporary interruptions in school attendance due to semester vacation breaks, provided the minors’ enrollment will resume following the break;

 

(h)        Capital gains;

 

(i)         Loans, grants, and scholarships obtained and used under conditions that prohibit use for current living expenses;

 

(j)         Any grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the United States Secretary of Education;

 

(k)        Home produce utilized for home consumption;

 

(l)         The value of coupon allotment under the Food Stamp Act of 1977, as amended.

 

(m)       The value of USDA donated or surplus food;

 

(n)        The value of supplemental food assistance under the Child Nutrition Act of 1966 (42 U.S.C. §§ 1771-1789) and the special food service program for children under the National School Lunch Act, as amended.

 

(o)        Benefits received from the special supplemental food program for women, infants, and children (WIC) (Pub. L. No. 92-443*);

 

(p)        Allowances and payments to participants in programs, other than on-the-job training, under the Work Investment Act (WIA) of 1998 (20 U.S.C. § 9201);

 

(q)        The earned income of individuals participating in on-the-job training programs under the Job Training Partnership Act (JTPA) of 1982 (25 U.S.C. § 640d-640d-28*) who are between 18 and 19 years of age and under the parental control of another household member;

 

(r)        Earned income tax credit (EITC) payments received either as a lump sum or recurring payments under section 3507 of the Internal Revenue Code of 1986;

 

(s)        Financial assistance provided by a program funded in whole or in part under title IV of the Higher Education Act in accordance with Pub. L. No. 99-498;

 

(t)        Payments or allowances made under any federal or local laws for the purpose of energy assistance;

 

(u)        Assistance payments received as a result of a declared federal major disaster or emergency from the Federal Emergency Management Agency (FEMA), and other comparable disaster assistance provided by any state or local government agency, and disaster assistance organizations;

 

(v)        Payments made from the agent orange settlement fund or any other fund established in connection with settling liability claims concerning the chemical agent orange (Pub. L. No. 101-201);

 

(w)       Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4636);

 

(x)        Payments received under the Radiation Exposure Compensation Act (Pub. L. No. 101-426) to compensate individuals for injuries or deaths resulting from the exposure to radiation from nuclear testing or uranium mining;

 

(y)        Payments to individuals participating in the Senior Community Service Employment Program (SCSEP) funded under title V of the Older Americans Act of 1965 (Pub. L. No. 100-175);

 

(z)        Payments to volunteers derived from the volunteer’s participation in the following programs authorized by the Domestic Volunteer Service Act of 1973 (42 U.S.C. §§ 5011, 4951-4958):

(1)        Foster grandparent program;

(2)        Senior companion program;

(3)        Volunteers in service to America (VISTA) and AmeriCorps programs.

 

(aa)      Military re-enlistment bonus;

 

(bb)      Any other payments made in accordance with territory and federal laws that preclude the payments from being counted as income; and

 

(cc)      Money received from the sale of property such as stocks, bonds, a house, or a car unless the person was engage in the business of selling the property, in which case the net proceeds would be counted as self employment income.

 

* So in original. See Commission Comment.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: In subsection (h), the Commission inserted the final semi-colon to ensure consistent punctuation.

 

The reference to Pub. L. No. 92-443 in subsection (o) appears to be in error. That public law concerns the National Society of the Daughters of the American Revolution. The reference to 25 U.S.C. 640d in subsection (q) appears to be in error. That code section concerns Navajo and Hopi land rights.

 

§ 60-10-215   Treatment of Income

 

(a)        All non-excluded income available to the family within a given month shall be considered.

 

(b)        Eligibility determination based on income status shall be supported by documentation.

 

(c)        Failure to provide necessary information to verify amount or source of income shall disqualify the family.

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Part 300 -   Child Care Payment

 

§ 60-10-301   Method of Computing Child Care Payment

 

(a) The family shall provide verification of the child care provider and the child care to the program.

 

(b)        The child care program will compute the monthly projected cost of the care based on:

(1)        Need for child care;

(2)        The type of care provided;

(3)        The child’s age;

(4)        Whether the care is full day or partial day care service;

(5)        The child’s attendance; and

(6)        The parent’s work attendance; and

(7)        The parent’s share of the cost of child care in accordance with the sliding fee scale as set forth in the current state plan.

 

(c)        The projected child care payment rate shall be calculated by:

(1)        Counting the number of employment, education or job, or vocational or employment training hours to be engaged in by the parent the month;

(2)        Comparing the parent’s employment, education or job, or vocational or employment training hours including commuting time with the need for child care hours; and

(3)        Using the child care rate table to identify the type of child care for each qualifying child and the payment rate for that type of child care (see attachments 1 and 3);

(4)        The child care amount to be paid each month of eligibility shall be the child care rate on the child care rate table as referenced in attachment # 1, minus the co-payment amount or as identified in attachment # 3.

 

(d)       Eligibility for child care subsidized payment shall be suspended for any month the total monthly income exceeds the income criteria for the size of the family (see attachment 3).

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: In subsections (c)(2) and (c)(3), the Commission inserted the semi-colons.

 

§ 60-10-305   Child Care Payments

 

(a)        The payment rate shall be established by the current state plan. As an example see attached “payment rate” which is effective until 2005.

 

(b)        Child care payments shall be an expense that is reimbursed to the child care provider.

 

(c)        The parent’s co-payment shall be established by the current sliding fee scale as set forth in the current state plan. As an example see attached “sliding fee scale” which is effective until 2005.

 

(d)       When computing the reimbursement amount, the child care program shall establish a reasonable relationship between the need for part-time or full-time care and the conditions for which child care is required.

 

(e)        The child care program shall issue a payment invoice and an attendance form for parent and provider to sign and submit for a reimbursable payment for child care services rendered the previous month. The attendance form must show the number of hours the child is in the care of the service provider. Failure to submit a completed and signed payment invoice and/or an attendance form shall result in no payment.

 

(f)        A completed signed payment invoice and/or attendance form must be received by the child care program on the first working day of the month or payment may be delayed.

 

(g)        The family shall pay its portion of the child care cost.

(1)        If the child is enrolled in a child care center the family shall pay directly to the child care center.

(2)        If the child is in relative or group home or in home care, the co-payment is paid directly to the child care program through payment at the PSS Treasury.

 

(h)        The family shall be responsible for any child care costs in excess of the maximum child care rates as set forth in the current CNMI plan.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Part 400 -   Other Requirements

 

§ 60-10-401   Reporting Changes

 

A parent who is a recipient of subsidized child care services shall be responsible to report to the child care program within 10 calendar days of the occurrence any changes in:

 

(a)        Monthly gross income and the source of the income;

 

(b)        Address, including:

(1)        Place of residence; and

(2)        Mailing address;

 

(c)        Family member size;

 

(d)       Marital status;

 

(e)        Providers from whom the parent is receiving child care services;

 

(f)        Circumstances which may affect the recipient’s eligibility for continuing services, including, but not limited to:

(1)        Changes in number of hours of child care required and cost of child care;

(2)        Changes in hours of employment, educational program, or job, vocational or employment training;

(3)        Anticipated changes in the individual’s situation that may affect the individual’s eligibility for continued child care assistance;

 

(g)        Attendance: Parent shall report any more than 2 absences in a month.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: In subsection (e), the Commission deleted the word “of” before “from” and changed the final period to a semi-colon to correct manifest errors. In the opening paragraph of subsection (f), the Commission changed the final semi-colon to a colon.

 

§ 60-10-405   Re-determination of Eligibility

 

(a)        The child care program shall re-determine income and program eligibility for continued child care payments:

(1)        When information is obtained that there are anticipated changes in the individual’s or family’s situation;

(2)        Promptly, not to exceed 30 days, after information is received that changes have occurred in the individual’s or family’s circumstances which may result in ineligibility;

(3)        When a payment invoice for services rendered within 60 days is not submitted to the child care program; and

(4)        Not less frequently than every 6 months from the month eligibility was determined.

 

(b)        Re-determination of eligibility shall be made in the same manner as the disposition of an application including signing and dating a form prescribed by the child care program.

 

(c)        Child care shall be terminated for recipients when they do not complete the process of re-determination of eligibility.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Part 500 -   Adverse Actions

 

§ 60-10-501   Denial, Suspension or Termination of Child Care

 

Child care payments shall be denied, suspended, or terminated when:

 

(a)        The parent does not submit the signed payment invoice; or

 

(b)        The payment invoice prescribed by the child care program is not signed and dated; or

 

(c)        The child no longer meets the eligibility requirements; or

 

(d)       The parent no longer meets the eligibility requirements; or

 

(e)        The provider no longer meets the licensing requirements; or

 

(f)        Conditions initially present in the family situation have changed and child care is no longer needed or any listing/registration requirements for exempt care; or

 

(g)        The parent(s) voluntarily requests discontinuance of child care services; or

 

(h)        The parent(s) and the child are unable to use child care;

 

(i)         The parent(s) is no longer eligible for child care; or

 

(j)         The parent(s) cannot be located; or

 

(k)        The family fails to provide the required verification for re-determination or to support the reported changes; or

 

(l)         When recipients do not complete the process of re-determination of eligibility; or

 

(m)       When the child care program determines that there are insufficient funds to maintain all children receiving care. Priorities for eligibility will be determined pursuant to § 60-10-105;

 

(n)        When the parent does not pay their contribution to the cost of child care at the minimum percentage fee (co-payment).

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: In subsections (h) and (m), the Commission inserted the final semi-colons.

 

§ 60-10-505   Notice of Adverse Action

 

(a)        Prior to an action to reduce, deny, suspend, or terminate any child care service specified in this chapter, the child care program shall provide the parent with timely and adequate notice before the adverse action is taken.

 

(b)        The notice of adverse action shall be considered timely when the child care program provides the notice at least 10 calendar days prior to the effective date of action.

 

(c)        In order to be adequate, the notice shall contain the following information:

(1)        The proposed action and the reason for the proposed action; and

(2)        The child care program rules supporting the proposed action;

(3)        The name and telephone number of the person to contact for additional information;

(4)        The family’s right to appeal the child care program’s decision to the Commissioner’s office.

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: In subsection (c)(3), the Commission changed the final period to a semi-colon to ensure consistent punctuation.

 

§ 60-10-510   Administrative Appeal Requests

 

(a)        A parent may file a written request for an administrative appeal when the family is dissatisfied with the child care program’s adverse action of denying, reducing, terminating, suspending, assistance. The family shall have an opportunity to:

(1)        Examine the case record as well as all documents and records to be used at the appeal hearing at a reasonable time before the date of the hearing as well as during the hearing;

(2)        Present the case independently or with the aid of legal counsel;

(3)        Bring witnesses, including an interpreter if non-English speaking;

(4)        Establish all pertinent facts and circumstances;

(5)        Advance any arguments appropriate to the issue being heard without undue interference; and

(6)        Question or refute any testimony or evidence, and to confront and cross-examine any witness.

 

(b)        The appeal request shall be in writing delivered to the CNMI Public School System Commissioner of Education’s office within 10 calendar days of the date on which the notice informing the family of a child care program’s decision was delivered to the family and shall refer to the following:

(1)        The request is for an administrative appeal;

(2)        The specific action identified in the notice that is being appealed; and

(3)        Whether continuation of benefits at the current level are being requested with the understanding that the family will be required to pay back the total value of benefits (received pending the decision) if the PSS decision is upheld.

 

(c)        If the request is not filed within 10 calendar days of the date the notice was provided to the family, the request shall be denied and the Commissioner’s office shall provide a notice of denial to the family.

 

(d)       The Commissioner or designee shall preside over a hearing within 30 days of timely appeal request.

(1) The hearing shall be informal where strict rules such as the exclusion of hearsay evidence do not apply. However, the evidence presented must be relevant.

(2)        The family and the child care program shall have an opportunity to present evidence, including witness testimony and documents. Each party shall also have the right of cross-examination.

(3)        The hearing shall be audio-recorded.

(4)        The Commissioner or designee shall issue a written decision to the child care program and the family within 30 days after the hearing.

 

(e)        In the event that an appeal decision is rendered in favor of the family, benefits shall be restored as appropriate.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

§ 60-10-515   Overpayment and Recoupment

 

(a)        Failure to provide the child care program notice of a change in circumstances could result in an overpayment. An overpayment may occur when a child care provider receives payments to which the provider is not entitled, including but not limited to:

(1)        Administrative errors, such as a parent is not charged the appropriate payment amount;

(2)        Parent errors, such as unintentional errors on payment invoices or fraud; and

(3)        Provider errors, such as failure to immediately inform of a child’s absences; or fraud.

 

(b)        An overpayment made to a provider shall be recovered through:

(1)        A reduction of the amount payable to the provider in subsequent months until the entire amount of overpayment is recovered. The parent is responsible for the difference and must pay the difference to the provider.

(2)        Repayment in full or in part, by the provider to the child care program.

 

(c)        Parents subject to recovery of overpayment shall be provided written notice by the child care program stating:

(1)        Reasons, dates and the amount of the overpayment;

(2)        The proposed method by which the overpayment shall be recovered; and

(3)        The parent’s right to request an administrative appeal if the individual disagrees with the child care program’s proposed action.

 

(d)       When there is both an overpayment and an underpayment to the parent, the overpayment and underpayment shall be offset one against the other in correcting the payment.

 

(e)        Overpayment to parents may be recovered from the family that was overpaid, from individuals who were members of the family when overpaid, or from families which include members of a previously overpaid family.

 

(f)        When recouping child care overpayments, overpayment may be recovered only from child care benefits, provided the parent continues to receive such benefits.

 

(g)        Recovery of child care overpayments to parents who formerly received child care benefits shall be referred to the child care program’s investigation office for collection action.

 

(h)        If a parent for whom a collection action has been initiated fails to make payment for any month in the calendar tax year, the child care program may refer debts exceeding twenty-five dollars to the comptroller of the state for tax set off.

 

(i)         If the PSS underpays a provider, the PSS will reimburse the provider by paying back the underpaid amount.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: In subsection (b)(2), the Commission replaced the final semi-colon with a period and deleted the word “or.” In subsection (c)(1), the Commission replaced the final period with a semi-colon.

 

§ 60-10-520   Termination for Insufficient Funds

 

(a)        The child care program may suspend or terminate benefits, reduce benefits, or refuse to take new applications for certain or all classes of beneficiaries set forth in § 60-10-105, if the child care program determines, at its discretion, that insufficient funds will be available to pay for child care services at current amounts through the end of the fiscal year.

 

(b)        The budget will be managed by reviewing monthly expenditures, and evaluating whether the cumulative expenditures at the end of any given month is less then or equal to the number of months that have expired in the fiscal year times 1/12 of the budget appropriation for child care payments.

 

(c)        When the child care program determines that the budget appropriation has or soon will be exceeded, notices of adverse action may be issued to limit the number of children receiving subsidies in any given month. This determination is entirely within the child care program’s discretion.

 

(d)       Case termination, suspension or reduction of benefits, or refusal to take applications will be prioritized as set forth in § 60-10-105.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

State Plan for Child Care & Development Fund Services

(for the Period 10/1/03 - 9/30/05)

Attachment # 1
Payment Schedule

 

Age of Child

 

In-home

 

Family Home

 

Group Home

 

Center

 

Birth - 2

 

U.S. Min. Wage

 

250.00

 

250.00

 

300.00

 

3 - 4

 

U.S. Min Wage

 

250.00

 

250.00

 

300.00

 

5 - 6

 

U.S. Min Wage

 

250.00

 

250.00

 

250.00

 

4 -5 -6

 

U.S. Min Wage

 

125 - 1/2 time

 

125 - 1/2 time

 

125 - 1/2 time

 

7 - 13

 

U.S. Min Wage

 

250.00

 

250.00

 

250.00

 

7 - 13

 

U.S. Min Wage

 

60 - after school

 

60 - after school

 

60 - after school

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: The original regulations did not include an attachment # 2. See 26 Com. Reg. at 23116-23117 (Aug. 26, 2004).

Attachment # 3
Sliding Fee Scale

 

Family Income

 

 

 1- 3

 

Family Size

4 - 6

 

 

7 or more

 

0-$500

 

10%

 

10%

 

5%

 

$501-750

 

15%

 

10%

 

5%

 

$751-1000

 

20%

 

15%

 

10%

 

$1001-1250

 

25%

 

20%

 

10%

 

1251-1500

 

30%

 

25%

 

15%

 

1501-1750

 

30%

 

25%

 

15%

 

1751-2000

 

N/A

 

25%

 

20%

 

2001-2250

 

N/A

 

25%

 

20%

 

2251-2430

 

N/A

 

25%

 

20%

 

The sliding fee scale percentage is a percent of the monthly cost of the child care service that the family pays and the child care program pays the balance. (Example: The monthly cost of child care for a toddler is $300. The sliding fee scale co-payment is 15%. The parent’s co-payment is $45. The child care program pays the balance of $255.00.)

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 23026* (Oct. 26, 2004); Amdts Proposed 26 Com. Reg. 23063 (Aug. 26, 2004); Proposed 25 Com. Reg. 21476 (Dec. 15, 2003).

 

*Due to a pagination error, page numbers 22819 through 23098 repeat in the 2004 Commonwealth Register.

 

Commission Comment: The Commission changed “parent pays co-payment is” to “parent’s co-payment is” to correct a manifest error.


 

CHAPTER 60-20

PUBLIC SCHOOL SYSTEM RULES AND REGULATIONS


 


Part 001          General Provisions

§ 60-20-001     Authority for Adoption

 

Part 100          Organization, Philosophy and Goals

§ 60-20-101     School Board Organization; Board Officers

§ 60-20-105     School Board Organization; Code of Ethics

§ 60-20-110     Standing Committees

§ 60-20-115     Powers and Duties

§ 60-20-120     Meetings of the Board

§ 60-20-125     Agenda

§ 60-20-130     Conduct of Meetings

§ 60-20-135     Minutes

§ 60-20-140     Communications from the Public

§ 60-20-145     Removal of Members

§ 60-20-150     Public Records

§ 60-20-155     Board of Education Official Representation Fund

§ 60-20-160     Teacher Representative Election Process

 

Part 200          [Reserved]

 

Part 300          General Administration

Subpart A        School/Community Relations

§ 60-20-301     Community Use of School Facilities

§ 60-20-305     Procedural Guidelines for Visitors in the Schools

§ 60-20-310     Code of Conduct - Adults

§ 60-20-315     Solicitations on School Property

§ 60-20-320     Research Requests

§ 60-20-325     Public Access to PSS Board Documents

 

Part 400          Students

Subpart A        Nondiscrimination and Student Rights

§ 60-20-401     Discrimination and Harassment Prohibited

§ 60-20-402     Sexual Harassment of Students

§ 60-20-403     Bullying§ 60-20-404   Searches by School Personnel

§ 60-20-406     Releasing and Referring Students to the Department of Public Safety

§ 60-20-408     Employees of Department of Public Safety on Campus

§ 60-20-410     Distribution of Non-curricular Publications by Students

§ 60-20-411     Educational Opportunities for Disabled Students

Subpart B        Admission and Withdrawal

§ 60-20-412     Entrance Age

§ 60-20-414     Students Beyond Normal Age of Attendance

§ 60-20-416     Admission of Resident Students

§ 60-20-418     Transfers to Different Schools/Zones

Subpart C        Attendance

§ 60-20-420     Student Attendance

§ 60-20-422     Part-time Attendance

§ 60-20-424     Student Early Dismissal Procedures

§ 60-20-426     Truancy and Educational Neglect Procedures

Subpart D        Student Records

§ 60-20-428     Student Educational Records

Subpart E        Student Academic Achievement

§ 60-20-430     Grade Placement for Transfer Students

§ 60-20-432     Promotion and Retention

§ 60-20-434     Promotion and Graduation Requirements

§ 60-20-436     Ceremonies and Awards

Subpart F        Discipline

§ 60-20-438     Jurisdiction

§ 60-20-440     Day to Day Discipline

§ 60-20-442     Detention

§ 60-20-444     In-school Suspension

§ 60-20-446     Offense Categories

§ 60-20-448     Suspension

§ 60-20-450     Expulsion

§ 60-20-452     Hearing Procedures

§ 60-20-454     Appeal to the Board of Education

§ 60-20-456     Discipline of Students with Disabilities

§ 60-20-458     Enrollment or Return Following Suspension and/or Expulsion

§ 60-20-460     Closed Campus

§ 60-20-462     Student Vehicle Use

§ 60-20-464     Student Attire and Appearance

§ 60-20-466     Student Participation in Secret Organizations and Gangs

§ 60-20-468     Student Use and Care of School Property

§ 60-20-470     Student Use of Tobacco, Alcohol, Drugs and Betel Nut

Subpart G Student Welfare

§ 60-20-472     Reporting Student Abuse

§ 60-20-474     Student Stipends

Subpart H        Student Services

§ 60-20-476     Student Physical Examination

§ 60-20-478     Immunizations and Vision and Hearing Tests

§ 60-20-480     Students with Communicable Diseases or Contagious Conditions

§ 60-20-481     Head Lice

§ 60-20-482     Human Immunodeficiency Virus (HIV)

§ 60-20-484     Administering Medicines to Students

Subpart I         Activities and Athletics

§ 60-20-486     Student Group Use of School Facilities

§ 60-20-488     Split Campus Concept

Subpart J         Restraint and Seclusion Policy and Regulation

§ 60-20-490     Policy

§ 60-20-491     Definitions

§ 60-20-492     Procedures and Training

§ 60-20-493     Determining When Physical Restraint May Be Used

§ 60-20-494     Proper Administration of Physical Restraint

§ 60-20-495     Reporting Requirements

§ 60-20-496     Students with Disabilities

 

Part 500          Instructional Services

§ 60-20-501     Placement and Inclusion

§ 60-20-505     Instructional Time

§ 60-20-510     Student Teacher Ratios

§ 60-20-515     Curriculum Services; Field Trips

§ 60-20-520     Textbook Usage; Students

§ 60-20-525     Challenged Materials

§ 60-20-530     Alternative Learning Settings

§ 60-20-535     Home Study

§ 60-20-540     Library, Media, and Technology Services; Student Internet Usage

§ 60-20-545     Evaluation Services; Grading System

§ 60-20-550     Special Education Services for Students with Disabilities Enrolled in Private Schools

§ 60-20-555     Instructional Materials for Print Disabilities

§ 60-20-560     Core Competencies; Science Performance Standards [Repealed]

§ 60-20-565     Core Competencies; Social Studies Performance Standards [Repealed]

 

Part 600          [Reserved]

 

Part 700          Financial Operation

§ 60-20-701     Financial Management; Petty Cash Procedures

§ 60-20-705     Financial Management; Advance Payment Procedures

§ 60-20-710     Payroll; Payroll Deductions

§ 60-20-715     Financial Management; Non-appropriated Funds (Student Activities and Fundraising)

§ 60-20-720     Accounting and Reporting; Travel Outside the CNMI

§ 60-20-721     Accounting and Reporting; Travel Within the CNMI

§ 60-20-725     Insurance; Liability

§ 60-20-730     District Funds; Official Representation Fund

§ 60-20-735     Budget

§ 60-20-740     Federal Grants

 

Part 800          Support Services

Subpart A        Buildings and Grounds Management

§ 60-20-801     Buildings and Grounds Maintenance and Inspection

Subpart B        Safety, Security and Communications

§ 60-20-805     Hazardous Materials

Form 5210       Student Classroom Laboratory Safety Procedures

§ 60-20-810     Accident/Incident Reporting

Subpart C        Inventory Management

§ 60-20-815     Inventory Requirements

Subpart D        Transportation

§ 60-20-820     Student Transportation Services

 

Part 900          Other Requirements

§ 60-20-905     Retention of Records/Audit

§ 60-20-910     Mandatory Reporting of Child Abuse and Neglect

§ 60-20-915     Housing

 

Part 1000        [Reserved]

 

Part 1100        Miscellaneous Provisions

§ 60-20-1101   Repealer

§ 60-20-1105   Effective Date


 

Chapter Authority: CNMI Const., art. XV; 1 CMC §§ 2251-2273; 3 CMC §§ 1101-1192.

 

Chapter History: Amdts Adopted 38 Com. Reg. 38406 (Aug. 28, 2016); Amdts Proposed 38 Com. Reg. 37969 (May 28, 2016); Amdts Adopted 38 Com. Reg. 38197 (June 28, 2016); Amdts Proposed 38 Com. Reg. 37980 (May 28, 2016); Amdts Adopted 36 Com. Reg. 35891 (Dec. 28, 2014); Amdts Proposed 36 Com. Reg. 35634 (Oct. 28, 2014); Amdts Adopted 36 Com. Reg. 35889 (Dec. 28, 2014); Amdts Proposed 36 Com. Reg. 35626 (Oct. 28, 2014); Amdts Adopted 36 Com. Reg. 35887 (Dec. 28, 2014); Amdts Proposed 36 Com. Reg. 35614 (Oct. 29, 2014); Amdts Adopted 35 Com. Reg. 33262 (Jan. 28, 2013); Amdts Proposed 34 Com. Reg. 33047 (Oct. 29, 2012); Amdts Adopted 33 Com. Reg. ­­­­31847 (Aug. 23, 2011); Amdts Proposed 33 Com. Reg. 31728 (June 27, 2011); Amdts Adopted 33 Com. Reg. 31845 (Aug. 23, 2011); Amdts Proposed 33 Com. Reg. 31720 (June 27, 2011); Amdts Adopted 33 Com. Reg. 31843 (Aug. 23, 2011); Amdts Proposed 33 Com. Reg. 31711 (June 27, 2011); Amdts Adopted 33 Com. Reg. 31659 (June 27, 2011); Amdts Proposed 32 Com. Reg. 30195 (Dec. 20, 2010); Amdts Emergency 32 Com. Reg. 30623 (Sept. 22, 2010) (effective for 120 days from Sept. 20, 2010); Amdts Adopted 32 Com. Reg. 30251 (May 21, 2010); Amdts Proposed 31 Com. Reg. 29988 (Dec. 22, 2009); Amdts Adopted 31 Com. Reg. 29986 (Dec. 22, 2009); Amdts Proposed 31 Com. Reg. 29888 (Sept. 28, 2009); Amdts Adopted 29 Com. Reg. 26433 (Feb. 15, 2007); Amdts Proposed 28 Com. Reg. 26397 (Dec. 29, 2006); Amdts Proposed 28 Com. Reg. 26217 (Oct. 30, 2006); Amdts Adopted 27 Com. Reg. 25398 (Dec. 30, 2005); Amdts Proposed 27 Com. Reg. 25027 (Oct. 24, 2005); Amdts Adopted 27 Com. Reg. 24774 (Aug. 22, 2005); Amdts Proposed 27 Com. Reg. 24615 (June 20, 2005); Amdts Adopted 26 Com. Reg. 21759 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003); Amdts Adopted 24 Com. Reg. 19939 (Dec. 27, 2002); Amdts Proposed 24 Com. Reg. 19502 (Sept. 27, 2002); Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002); Amdts Adopted 24 Com. Reg. 19410 (July 29, 2002); Amdts Proposed 24 Com. Reg. 19132 (May 20, 2002); Amdts Adopted 24 Com. Reg. 19045 (Mar. 19, 2002); Amdts Proposed 23 Com. Reg. 18765 (Dec. 21, 2001); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998);** Amdts Proposed 20 Com. Reg. 15929 (June 15. 1998);** Amdts Proposed 20 Com. Reg. 15901 (June 15, 1998);** Amdts Adopted 20 Com. Reg. 15966 (June 15, 1998); Amdts Adopted 20 Com. Reg. 15965 (June 15, 1998); Amdts Proposed 19 Com. Reg. 15423 (Aug. 15, 1997); Amdts Adopted 19 Com. Reg. 15452 (Aug. 15, 1997); Amdts Adopted 19 Com. Reg. 15449 (Aug. 15, 1997); Amdts Adopted 19 Com. Reg. 14943 (Jan. 15, 1997); Amdts Proposed 18 Com. Reg. 14484 (Nov. 15, 1996);** Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995);** Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective for 120 days from November 13, 1995); Amdts Proposed 17 Com. Reg. 13653 (Aug. 16, 1995);** Amdts Proposed 17 Com. Reg. 13505 (June 15, 1995);** Amdts Proposed 17 Com. Reg. 13008 (Mar. 15, 1995);** Amdts Proposed 17 Com. Reg. 12699 (Jan. 15, 1995);** Amdts Adopted 17 Com. Reg. 13064 (Mar. 15, 1995); Amdts Proposed 16 Com. Reg. 12517 (Nov. 15, 1994); Amdts Adopted 17 Com. Reg. 12972 (Feb. 15, 1995); Amdts Proposed 16 Com. Reg. 12651 (Dec. 15, 1994); Amdts Adopted 16 Com. Reg. 12673 (Dec. 15, 1994); Amdts Proposed 16 Com. Reg. 12462 (Oct. 15, 1994); Amdts Proposed 16 Com. Reg. 12379 (Sept. 15, 1994); Amdts Adopted 16 Com. Reg. 12466 (Oct. 15, 1994); Amdts Proposed 16 Com. Reg. 11669 (Feb. 15, 1994); Amdts Proposed 15 Com. Reg. 10989 (Oct 15, 1993);** Amdts Adopted 15 Com. Reg. 10999 (Oct. 15, 1993); Certified 15 Com. Reg. 10683 (June 15, 1993); Amdts Proposed 15 Com. Reg. 10677 (June 15, 1993); Amdts Adopted 14 Com. Reg. 9530 (Aug. 15, 1992); Amdts Proposed 14 Com. Reg. 9226 (May 26, 1992); Amdts Adopted 14 Com. Reg. 9285 (May 26, 1992); Amdts Proposed 13 Com. Reg. 8164 (Oct. 15, 1991); Amdts Adopted 13 Com. Reg. 7666 (Mar. 15, 1991); Amdts Proposed 13 Com. Reg. 7518 (Jan. 15, 1991); Amdts Adopted 13 Com. Reg. 7538 (Jan. 15, 1991); (Amdts Proposed 12 Com. Reg. 7426 (Oct. 15, 1990); Amdts Adopted 13 Com. Reg. 7541 (Jan. 15, 1991); Amdts Adopted 12 Com. Reg. 7438 (Oct. 15, 1990) (adopting certain proposed amendments and reserving others); Amdts Proposed 12 Com. Reg. 7205 (Aug. 15, 1990);* Amdts Adopted 11 Com. Reg. 6707 (Dec. 15, 1989); Amdts Proposed 11 Com. Reg. 6568 (Oct. 15, 1989); Amdts Adopted 11 Com. Reg. 6604 (Oct. 15, 1989); Amdts Proposed 11 Com. Reg. 6481 (Sept. 15, 1989); Amdts Proposed 11 Com. Reg. 6358 (Aug. 15, 1989); Amdts Adopted 11 Com. Reg. 6243 (June 15, 1989); Amdts Proposed 11 Com. Reg. 6144 (Apr. 15, 1989); Amdts Adopted 11 Com. Reg. 6155 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 6042 (Feb. 15, 1989); Proposed 11 Com. Reg. 5878 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5739 (Nov. 15, 1988); Public Notice 10 Com. Reg. 5729 (Oct. 15, 1988) (suspending publication of the proposed housing policy); Amdts Proposed 10 Com. Reg. 5688 (Sept. 15, 1988); Amdts Adopted 10 Com. Reg. 581 (July 15, 1988); Amdts Proposed 10 Com. Reg. 5533 (Apr. 15, 1988); Amdts Adopted 9 Com. Reg. 5242 (Sept. 15, 1987); Amdts Proposed 9 Com. Reg. 4928 (May 15, 1987); Amdts Adopted 8 Com. Reg. 4692 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4601 (Sept. 15, 1986); Amdts Adopted 8 Com. Reg. 4220 (Apr. 18, 1986); Amdts Proposed 8 Com. Reg. 4213 (Feb. 17, 1986); Amdts Adopted 7 Com. Reg. 4162 (Dec. 17, 1985); Amdts Proposed 7 Com. Reg. 3976 (Sept. 16, 1985); Amdts Adopted 7 Com. Reg. 3972 (Sept. 16, 1985); Amdts Proposed 7 Com. Reg. 3820 (July 22, 1985); Amdts Adopted 7 Com. Reg. 3723 (July 22, 1985); Amdts Proposed 7 Com. Reg. 3495 (Apr. 16, 1985); Amdts Adopted 6 Com. Reg. 2565 (Feb. 15, 1984); Amdts Proposed 5 Com. Reg. 2494 (Nov. 15, 1983); Amdts Adopted 5 Com. Reg. 2504 (Dec. 15. 1983); Amdts Proposed 5 Com. Reg. 2470 (Oct. 20, 1983); Amdts Adopted 5 Com. Reg. 2484 (Oct. 20, 1983); Amdts Proposed 5 Com. Reg. 2191 (June 30, 1983); Amdts Proposed 5 Com. Reg. 2127 (May 27, 1983); Amdts Emergency and Proposed 5 Com. Reg. 1950 (Mar. 31, 1983) (effective for 120 days from Mar. 31, 1983);** Amdts Proposed 4 Com. Reg. 1703 (Dec. 10, 1982);** Amdts Emergency 4 Com. Reg. 1677 (Oct. 15, 1982); Proposed 3 Com. Reg. 1254 (June 30, 1981);** Proposed 3 Com. Reg. 1158 (Mar. 30, 1981);** Proposed 1 Com. Reg. 334 (July 16, 1979);** Proposed 1 Com. Reg. 330* (July 16, 1979);** Adopted 1 Com. Reg. 385 (July 16, 1979); Proposed 1 Com. Reg. 244 (June 16, 1979).

 

*In Commonwealth Register, volume 1, number 10, pages 328 and 332 are misdated June 16, 1979. In the Commonwealth Register, volume 12, number 8, the pages are mislabeled “Volume 12 No. 7.”

 

**Notices of adoption for the July 1979, March 1981, June 1981, December 1982, March 1983, October 1993, January 1995, March 1995, June 1995, August 1995, certain provision of the November 1995, certain provisions of the November 1996, June 1998, and the August 1998 proposed regulations were never published.

 

Commission Comment: Title 3, division 1 of the Commonwealth Code contains the education laws of the Commonwealth. PL 6-10, the “Education Act of 1988,” codified as amended at 1 CMC §§ 2251-2273 and 3 CMC §§ 1101-1192, took effect on October 25, 1988. PL 6-10 § 1 created the Public School System as a nonprofit corporation within the Commonwealth government, headed by the Board of Education. See 1 CMC §§ 2251 and 2261. The Board of Education is empowered to formulate policy and exercise control over the Public School System and to establish rules, regulations and policies for the operation of the Public School System. See 1 CMC § 2268(b).

 

PL 6-10 repealed and reenacted PL 3-43 (effective Jan. 19, 1983), a comprehensive revision of the Commonwealth’s education laws. See the commission comment to 3 CMC § 1101.

 

Prior to October 25, 1988, the Commonwealth government included a Department of Education and Board of Education, which are the predecessors of the current Public School System and Board of Education. See PL 1-8 (effective August 10, 1978) and PL 3-43. Throughout the development of education law in the Commonwealth, the Board of Education has been the entity with the authority to promulgate rules and regulations.

 

On June 16, 1979, the Board of Education published a Nondiscrimination Policy Statement. See 1 Com. Reg. 323 (June 16, 1979). On July 16, 1979, the Board published “Employment of Teachers for Elementary and Secondary School Regulations.” See 1 Com. Reg. 343 (July 16, 1979). Although never specifically repealed, these publications are superseded by later revisions and regulations.

 

The Board of Education proposed and adopted a resolution endorsing multi-track year-round education at Marianas High School and Hopwood Jr. High School for the 1995-96 school year. See 17 Com. Reg. 13383 (May 15, 1995); 17 Com. Reg. at 14014 (Mar. 15, 1995).

 

On June 15, 1995, the Board of Education proposed to increase the cost of PSS meals. See 17 Com. Reg. at 13509. A notice of adoption for the proposed increase was never published.

 

In 1997, the Board of Education rescinded former policy 500, entitled “Personnel, Staff & Certification,” consisting of policies 501 through 507. Policy 500 was replaced by the 1997 Regulations for the Public School System Employment of Certified and Non-certified Personnel. See NMIAC, title 60, chapters 30.2 and 30.3; see also 19 Com. Reg. 14943 (Jan. 15, 1997); 18 Com. Reg. 14484 (Nov. 15, 1996). For the history of former policy 500 see the following:

 

16 Com. Reg. 12673 (Dec. 15, 1994); 16 Com. Reg. 12462 (Oct. 15, 1994); 16 Com. Reg. 12379 (Sept. 15, 1994); 12 Com. Reg. 7438 (Oct. 15, 1990); 12 Com. Reg. 7205 (Aug. 15, 1990); 8 Com. Reg. 4692 (Oct. 22, 1986); 8 Com. Reg. 4601 (Sept. 15, 1986); 7 Com. Reg. 4162 (Dec. 17, 1985); 7 Com. Reg. 3976 (Sept. 16, 1985); 7 Com. Reg. 3723 (July 22, 1985); 7 Com. Reg. 3495 (Apr. 16, 1985); 6 Com. Reg. 2565 (Feb. 15, 1984); 5 Com. Reg. 2494 (Nov. 15, 1983); 5 Com. Reg. 2484 (Oct. 20, 1983); 5 Com. Reg. 2127 (May 27, 1983); 5 Com. Reg. 1950 (Mar. 31, 1983) (effective for 120 days from Mar. 31, 1983); 4 Com. Reg. 1703 (Dec. 10, 1982); 4 Com. Reg. 1677 (Oct. 15, 1982); 3 Com. Reg. 1158 (Mar. 30, 1981); 1 Com. Reg. 334 (July 16, 1979); 1 Com. Reg. 330 (July 16, 1979).

 

A notice of adoption for the July 1979 proposed regulations was never published. However, the Teacher Certification Program Regulations § 6 stated: “This Regulation shall take effect thirty (30) days after its initial publication in the Commonwealth Register.” See 1 Com. Reg. at 333 (July 16, 1979). The July 1979 Teacher Certification Program Regulations were repealed by the March 1981 Department of Education Regulations. See § 60-20-1101 and the commission comment thereto; see also the commission comment to § 60-20-001.

 

Part 001 -   General Provisions

 

§ 60-20-001   Authority for Adoption

 

The regulations in this chapter are adopted pursuant to the authority of section 9 of chapter 14 of Public Law no. 1-8, and in accordance with the provisions of title 17 of the Trust Territory Code [1 CMC §§ 9101, et seq.].

 

Modified, 1 CMC § 3806(b), (d), (f).

 

History: Proposed 3 Com. Reg. 1254 (June 30, 1981); Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: This section was originally policy 1001. See 3 Com. Reg. at 1187 (Mar. 30, 1981); 3 Com. Reg. at 1279 (June 30, 1981). For consistency in the administrative code, the Commission moved the provision to part 001.

 

Notices of adoption for the March 1981and June 1981 proposed regulations were never published. The public notice of proposed regulations for the March 1981 regulations provided: “If no comments have been received at the expiration of the notice period provided for herein, the said Regulations shall become effective without further notice or publication.” 3 Com. Reg. at 1159 (Mar. 30, 1981). However, according to policy 1003, entitled “Effective Date,” codified at § 60-20-1105:

 

§ 60-20-1105 Effective Date

 

This chapter shall take effect forty days following the publication of their proposed adoption, in the manner provided in section (4)(1) of title 17 of the Trust Territory Code.

 

3 Com. Reg. at 1188 (Mar. 30, 1981).

 

The June 1981 proposed regulations included “Policy 1003,” entitled “Effective Date,” as follows:

 

Policy 1003. Effective Date.

 

These policies shall take effect upon publication of notice of their adoption, in the manner provided in Section 4(1) of Title 17 of the Trust Territory Code.

 

3 Com. Reg. at 1280 (June 30, 1981). The Commission has included the 1981 regulations in this chapter despite the lack of notice of adoption in the Commonwealth Register because it is evident that the Board of Education considered the regulations effective without further announcement and later promulgations amend the 1981 regulations. It should be noted that this conflicts with the current practice of the Attorney General’s Office, and other agencies, interpreting the Administrative Procedure Act to require notice of proposed regulations and an adoption notice before such regulations take effect. See 1 CMC §§ 9101, et seq.

 

Part 100 -   Organization, Philosophy and Goals

 

§ 60-20-101   School Board Organization; Board Officers

 

This section addresses the terms and duties of officers elected by members of the Board. The terms and duties of Board members are also addressed in the Board by-laws, Public Law 6-10 and the Commonwealth Constitution.

 

(a)        Officer Titles

There shall be three officers of the Board: a Chairperson, a Vice-chairperson and a Secretary/Treasurer. These officers shall be elected by a majority of the voting members of the Board during the regular January meeting of each year. Each officer shall serve for a term of one year except for death, resignation or removal. The same members may be re-elected.

 

(b)        Removal

An officer chosen by the Board pursuant to Board policy and the by-laws shall be removed by the concurrence of three voting Board members for a conviction of a felony or mental incapacitation. An officer shall be removed by a concurrence of four voting members for neglect of duty or upon a vote of no confidence. Neglect of duty shall occur when the officer has accumulated three consecutive unexcused absences from regular board meetings as reflected in the Board minutes. The Board members shall state on the record during the vote for removal the officer’s actions resulting in a no confidence vote.

 

(c)        Vacancy

A vacant officer position because of death, resignation or removal of a Board member shall be filled when elected by a majority of the voting members of the Board at the regular Board meeting following the Governor’s appointment of the new Board member. If the officer who resigned or was removed by the Board is still a Board member then the majority of the Board will elect a new officer at the regular Board meeting following the officer’s removal or resignation.

 

(d)       Duties of Chairperson

The Chairperson shall preside at all meetings of the Board, appoint members to committees and designate the Chairperson thereof, sign all contracts, internal documents or correspondence as appropriate by virtue of approval of the Board, and call special meetings of the Board when in the Chairperson’s judgment such meetings are necessary. He or she shall have such powers and perform such duties as may from time to time be specified by the Board.

 

(e)        Duties of Vice-chairperson

In the absence of the Chairperson, the Vice-chairperson shall assume the duties and responsibilities of the Chairperson. He or she shall also have such powers and shall perform such duties as may from time to time be specified in resolutions or other directives of the Board.

 

(f)        Duties of Secretary/Treasurer

The Secretary/Treasurer shall review Board meeting minutes prior to adoption and assist the Board with the review and adoption of the budget. He or she shall also perform such duties as may from time to time be specified in directives of the Board.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Adopted 26 Com. Reg. 21759 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003).

 

Commission Comment: The January 2004 amendments repealed previous Board of Education Policies 101, “General Philosophies,” 102, “Instructional and Academic Goals,” and 103, “Institutional Goals for the Public School System.” See 16 Com. Reg. 12466 (Oct. 15, 1994); 16 Com. Reg. 11669 (Feb. 15, 1994); 12 Com. Reg. 7438 (Oct. 15, 1990); 12 Com. Reg. 7205 (Aug. 15, 1990); 3 Com. Reg. 1158 (Mar. 30, 1981). See also the commission comment to § 60-20-001.

 

On October 15, 1993, the Board of Education proposed to added a new section to this part entitled “Policy 104 Sexual Harassment.” The notice of adoption for the October 1993 proposed amendments omitted policy 104 and, therefore, the Commission has not incorporated the proposed section. See 16 Com. Reg. 11679 (Feb. 15, 1994); 15 Com. Reg. 10989 (Oct 15, 1993).

 

The January 2004 amendments also repealed Board of Education Policies 201 through 206, regarding the operation of the Board of Education and Board membership. Policy 207, entitled “Officers,” although not specifically repealed, was superseded by § 60-20-101.

 

See 11 Com. Reg. 6707 (Dec. 15, 1989); 11 Com. Reg. 6568 (Oct. 15, 1989); 6 Com. Reg. 2565 (Feb. 15, 1984); 5 Com. Reg. 2494 (Nov. 15, 1983); 3 Com. Reg. 1158 (Mar. 30, 1981); 3 Com. Reg. 1158 (Mar. 30, 1981). See also the commission comment to § 60-20-001.

 

§ 60-20-105   School Board Organization; Code of Ethics

 

(a)        The responsibilities of the PSS Board of Education members include:

(1)        Attend Board of Education meetings insofar as possible.

(2)        Be mindful and support the mission, goals and objectives of the PSS and to use them as the basis for all decisions concerning the PSS.

(3)        Respect the rights and opinions of others, respect the Chairperson’s authority, and courteously debate the motions.

(4)        Work with other Board members in a harmonious and cooperative manner despite any differences of opinion that may arise during debate of an issue.

(5)        Recognize that only the Board, by official action as Board, can exercise its legal authority; an individual member has no authority to speak for the Board; and that in relations with the local citizenry, the PSS staff, and the media, Board members must speak and act accordingly.

(6)        Board members shall base decisions on Board actions on the available facts in each situation, and vote in honest conviction in a nonpartisan manner.

(7)        Be forthright so individual opinions may be heard and understood as decisions of the Board are being made.

(8)        Abide by and uphold the final decision of the Board.

(9)        Act on behalf of the Board, or in the name of the Board, only when the Board has explicitly granted prior authority.

(10)      Refrain from using the position as a Board member to benefit oneself or other individuals or agencies in any manner whatsoever.

(11)      Take responsibility for setting the goals and general direction for the PSS while leaving the administration of programs and the conduct of the PSS business to the Commissioner of Education and designated staff. Board members shall work with other Board members to establish effective Board policies and to delegate authority for the administration of the schools to the Commissioner. Board members shall not attempt to by-pass, undermine, or usurp the Commissioner’s authority and responsibility for the daily operation of the schools.

(12)      If contacted by a vendor requesting information about PSS’s bidding procedures, whether of a general nature or with regard to specific goods or services to be bid, shall provide the vendor with the name and business telephone number of the administrator responsible for purchasing such goods or services. The member shall request that the vendor contract the relevant administrator and direct all questions and concerns to that administrator.

(13)      Abide by all established laws, regulations, policies and bylaws that pertain to the responsibilities as a Board member.

 

(b)        Board of Education members of the PSS, shall recognize that:

(1)        The Commonwealth community entrusted the Board members with the responsibility of ensuring, in concert with other members of the Board of Education, that the Public School System fulfills its mission of providing quality education to the children of the CNMI.

(2)        This trust requires that personal and professional integrity and ethical values guide words and actions.

(3)        The Public School System must be concerned with the best interests of each and every student, regardless of race, color, sex, gender, sexual orientation, religion, national origin, disability or cultural or political background.

(4)        The future welfare of individuals within the community, and the welfare of the Commonwealth as a whole, will be affected by the quality of education the PSS provides.

(5)        Since it is through educational programs that the PSS fulfills its mission, it is imperative that the Board members be knowledgeable about the goals and objectives of programs offered by the PSS.

(6)        The basic authority of the Board derives from the Commonwealth Constitutional Amendments No. 38, and Public Law 6-10.

(7)        Being an elected Board member is a privilege bestowed as a Commonwealth citizen to serve the PSS without financial advantage or reward to the Board members immediate family or oneself.

(8)        Failing to attend the meeting of the Board for three consecutive regular meetings, unless excused by a majority of the Board for reasons satisfactory to the Board, shall be deemed to be neglect of duty. Board members may be sanctioned or removed for neglect of duty as provided by law. Board members understand that attendance for purposes of this provision shall be defined as actual, physical attendance at the Board meeting until all of the business of the Board has been completed unless a member is excused by a majority of the Board.

(9)        The members of the Board have been elected to make difficult decisions on behalf of the students, parents, patrons and employees of the PSS. The concept of trusteeship requires each member to review the issues under the Board’s consideration and to take a stand regarding those issues. A member who has conformed to the above-described tenets of knowledge, open discussion, independent judgment and civility should be prepared to cast a vote on each of the issues before that member.

(10)      Members should avoid being placed in a position of conflict of interest, and may not use the Board position for personal or partisan gain. Board members shall conduct themselves in accordance with the conflict of interest policy and disclosure requirements prescribed by statute and Board policy.

(11)      Board members shall not disclose confidential information.

(i)         Information is confidential if it is

(A)       Communicated during executive session; or

(B)       Otherwise communicated with a mutual understanding of confidentiality.

(ii)        If Board members do reveal confidential information, other Board members in compliance with Board by-laws, policies and regulations may appropriately censure Board members.

(12)      Members shall not solicit or accept gifts, payments, or anything greater than a nominal value item or holiday gift of nominal value from any person, organization, group, or entity doing business or desiring to do business with the PSS as indicated in the Code of Ethics.

(13)      Board members may be censured by a majority vote of the voting members for violating Board policies or regulations or for any conduct the majority of the Board deems not to be in the best interests of the Board, the PSS or the students in the CNMI.

 

Modified, 1 CMC § 3806(f), (e), (g).

 

History: Amdts Adopted 26 Com. Reg. 21759 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003).

 

Commission Comment: In subsection (a)(10), the Commission changed “to other” to “or other” to correct a manifest error.

 

The January 2004 notice of adoption changed the proposed language of subsections (a)(5) and (a)(6).

 

See also the commission comment to § 60-20-101.

 

§ 60-20-110   Standing Committees

 

The following standing committees are hereby established: Personnel, Fiscal Affairs, Program and Legislative. Standing committees shall have such duties and responsibilities as are provided by the Board. Special committees may be established by the Board from time to time. The Chairperson of the Board shall appoint the Chairpersons and members of all committees provided, however, that in so doing the Chairperson shall give due recognition to the desire of each member to serve upon a particular committee or committees. No member of the Board may serve upon more than two standing committees. No member of the Board may be the chairperson of more than one standing committee. The Chairperson of the Board may not serve as the chairperson of a standing committee.

 

Modified, 1 CMC § 3806(f).

 

History: Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: The Board of Education promulgated regulations on January 22, 2004 that repealed and superseded Board of Education Policies 201-207. See 26 Com. Reg. 21759 (Jan. 22, 2004); 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003). Board Policies 208-216 were not repealed or specifically superseded and therefore the Commission has retained them as §§ 60-20-110 through 60-20-155.

 

§ 60-20-115   Powers and Duties

 

(a)        The Board is the governing and policy-making body of the Department of Education. The Board establishes policy, and the Department of Education implements policy and administers programs, which shall include but are not limited to the following:

(1)        Education in public schools

(2)        Adult education

(3)        Vocational training, including on-the-job training

(4)        Bilingual and bicultural education programs

(5)        Supervision of all educational programs funded in whole or in part by the Department of Education

(6)        Special cultural programs and seminars

(7)        Enforcement of standards of attendance and laws pertaining to compulsory attendance

(8)        The licensing or certification of teachers and teacher aides

(9)        The performance of any and all other duties required or permitted by law.

 

(b)        In addition to those powers and duties provided for elsewhere in this chapter, and without limitation of the generality of subsection (a), above, the Board of Education shall have the following specific powers and duties:

(1)        To establish and maintain schools and classes to meet the needs of pupils of the Northern Mariana Islands in grades one through twelve, and such adult classes as it deems necessary

(2)        To adopt textbooks and courses of study consistent with the needs of students upon the recommendations of the professional staff through the Superintendent of Education

(3)        To require proper accounting for receipts and expenditures and to provide for an annual audit as required by law

(4)        To authorize the expenditure of funds of the Department of Education

(5)        To determine the building needs of the school system, provide for the construction of school buildings and approve the plans for the buildings

(6)        To establish the certification standards for all professional positions within the Department

(7)        To develop long-range plans for the orderly growth of the school system

(8)        To appraise and review its policies and actions and the program of education and the performance of the staff

(9)        To ratify administrative procedures promulgated by the Superintendent for the purpose of implementing Board policy.

 

Modified, 1 CMC § 3806(c), (d), (g).

 

History: Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: See the commission comments to §§ 60-20-110 and 60-20-001.

 

In subsection (b)(8), the Commission changed “action” to “actions” to correct a manifest error. The Commission also inserted a period at the end of subsection (b)(9).

 

§ 60-20-120   Meetings of the Board

 

(a)        The Board shall hold an annual organizational meeting on the 2nd Tuesday of November to elect its officers. The Chairperson of the Board for the preceding year will preside at this meeting until the chairperson for the new fiscal year is elected. If the former Chairperson is not still a member or is absent, the Vice-chairperson of the preceding year will preside. If the former Vice- chairperson also is not still a member or is absent, the members present shall select a temporary chairperson to preside until a chairperson is elected. This meeting is a regular meeting.

 

(b)        The Board will hold regular meetings at the place determined by the Board at its annual organizational meeting. Regular meetings of the Board are open and shall be held at least once every three months.

 

(c)        Special meetings may be called by the Chairperson of the Board, by requesting the Superintendent to send a written notice to all members no less than seven days before the meeting. At the discretion of the Chairperson, special meetings may be open or closed.

 

(d)       Members of the Board shall be notified of regular meetings by the Superintendent, in writing, at least two weeks before the date of the regular meeting.

 

(e)        Notices of meetings, as provided for herein, shall specify the time and place of the meeting and the business to be transacted; and shall, whenever possible, include copies of any documents relevant to matters which will be before the Board for its consideration at the meeting.

 

Modified, 1 CMC § 3806(f).

 

History: Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: See the commission comments to §§ 60-20-110 and 60-20-001.

 

§ 60-20-125   Agenda

 

The agenda for each regular meeting of the Board shall be submitted with the notice of the meeting. The agenda shall include the following items: call to order, determination of attendance and quorum, adoption of previous minutes, presentation of communications, committee reports, Superintendent’s report, discussion of unfinished business, discussion of new business, miscellaneous matters and proposals for subsequent meetings. The agenda shall be prepared by the Superintendent, subject to the direction of the Board.

 

Modified, 1 CMC § 3806(f).

 

History: Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: See the commission comments to §§ 60-20-110 and 60-20-001.

 

§ 60-20-130   Conduct of Meetings

 

The conduct of all meetings of the Board and its committees shall follow acceptable standards of parliamentary procedure. The Chairperson shall decide all questions of order, subject to appeal to the membership. Voting shall ordinarily be by voice vote; provided, however, that any two members of the Board may request a secret ballot upon any question before the Board.

 

History: Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: See the commission comments to §§ 60-20-110 and 60-20-001.

 

§ 60-20-135   Minutes

 

The Board shall record or cause to be recorded a summary of the proceedings before it at its meetings. The minutes of the Board meetings shall be prepared by the secretary to the Board, who shall be selected by the Superintendent.

 

Modified, 1 CMC § 3806(f).

 

History: Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: See the commission comments to §§ 60-20-110 and 60-20-001.

 

§ 60-20-140   Communications from the Public

 

Members of the Board will refer in writing to the Superintendent any suggestions, grievances or other communications concerning the schools. The Superintendent will follow established administrative procedures for handling such suggestions, grievances or other communications, including formal presentation to the Board if appropriate, and, in any case, notification, to the reporting Board member concerning disposition of the matter.

 

Modified, 1 CMC § 3806(g).

 

History: Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: See the commission comments to §§ 60-20-110 and 60-20-001.

 

The Commission corrected the spelling of “superintendent.”

 

§ 60-20-145   Removal of Members

 

The Board shall recommend to the Governor the removal of a member who impedes the function of the Board due to excessive, unexcused absences from regular Board meetings and/or for other just cause as determined by the Board.

 

History: Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: See the commission comments to §§ 60-20-110 and 60-20-001.

 

§ 60-20-150   Public Records

 

(a)        In order to promote confidence in and support of the Marianas Public School System, the Board of Education declares that citizens of the Commonwealth shall have access to information contained in its public records.

 

(b)        Public records as defined in this section are open for inspection during office hours of the school system. Every citizen has a right to inspect any public school record except those records for which disclosure is exempted or prohibited by law.

 

(c)        “Public records” include all official Board minutes except those of closed sessions, maps, drawings, curricular materials and other documents prepared, owned, used or retained by the Northern Marianas public school system regardless of physical form or characteristics except individual student and personnel records and any other records required by law to be kept confidential.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 12 Com. Reg. 7438 (Oct. 15, 1990); Amdts Proposed 12 Com. Reg. 7205 (Aug. 15, 1990); Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: The 1990 amendments amended subsections (b) and (c). The 1990 amendments referred to this section as “Policy 205.” See 12 Com. Reg. at 7214 (Aug. 15, 1990). In the 1981 regulations it was “Policy 216.” See also the commission comments to §§ 60-20-110 and 60-20-001.

 

§ 60-20-155   Board of Education Official Representation Fund

 

There will be a Board of Education Official Representation (OR) Fund as approved in the budget of the Board of Education.

 

(a)        Official representation funds shall only be used for the official purpose of entertaining official guests of the Board of Education or the PSS in the conduct of official business and to purchase refreshments for consumption at public Board of Education meetings.

 

(b)        The Chairperson of the Board of Education shall authorize use of OR funds as follows:

(1)        Request for an advance of OR funds shall be made in writing to the Chairperson of the Board by Board members or the Commissioner of Education stating the official purpose, time, place, names and titles of persons to be entertained, and the advance amount requested. OR amounts shall be advanced as approved by the Chairperson.

(2)        Within 5 working days after the expenditure of funds advanced for official representation purposes on island, or within 5 working days after completion of official travel, the official receiving OR funds shall submit to the Comptroller of PSS all receipts evidencing expenditure of the funds. The Comptroller shall determine whether the expenditures are within the authorized amounts and purpose and shall recommend to the Board Chairperson the approval or disapproval of the expenditure. Any amount not expended, or approved for expenditure shall be returned to the OR account.

(3)        Request for reimbursement for OR expenses not advanced shall be made directly to the Comptroller. The request shall be accompanied by the documents and receipts showing the time, place, official purpose, names or individuals and their titles, and other information pertaining to the reimbursement. The Comptroller shall transmit these documents with his recommendation to the Chairperson of the Board for review and for approval or disapproval of reimbursement. Reimbursement of expenditures for items not granted advance authorization by the Chairperson is not guaranteed.

(4)        Official representation funds shall not be used to pay for expenses while conducting routine business with PSS staff. OR funds shall not be used while on travel status except for official business with off-island non-PSS education officials or similar types of individuals.

(5)        Official representation funds may also be used by Board staff to purchase refreshments for consumption at public Board of Education meetings.

 

(c)        It is expected that Board members and the Commissioner shall exercise reasonable and prudent judgement in the use of OR funds. The Chairman of the Board of Education shall be the ultimate official to make the final decision with regard to the use of OR funds following the adopted Board policy on official representation funds.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 11 Com. Reg. 6707 (Dec. 15, 1989); Amdts Proposed 11 Com. Reg. 6568 (Oct. 15, 1989).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

The 1989 amendments adopted an “Official Representation Fund Policy.” See 11 Com. Reg. at 6572 (Oct. 15, 1989). The 1989 amendments did not specify a policy number for the Official Representation Fund Policy. The Commission codified it at the end of part 100 as § 60-20-155.

 

In subsection (b)(2), the Commission changed “amount” to “account” to correct a manifest error. In subsections (b)(3) and (b)(5), the Commission corrected the spelling of “expenses” and “consumption,” respectively.

 

§ 60-20-160   Teacher Representative Election Process

 

(a)        Eligibility

(1)        Candidate. Each candidate shall have been employed by PSS for no less than two consecutive years immediately preceding the election and, shall be a “teacher” as defined by § 60-30.2-205(c).

(2)        Voter. All “teachers” as defined by § 60-30.2-205(c) shall be eligible to vote in the primary, general election, and run-off election.

 

(b)        Primary Election

(1)        Purpose. A primary election shall be held in order to determine the candidates for the general election.

(2)        Announcement of Candidacy. A teacher wishing to run for teacher representative may announce her candidacy each election year by the last working day of August. Teachers wishing to have their name on the primary ballot shall submit a written letter to the Commissioner's office stating their name, school, position with PSS, and intent to run for the position of teacher representative.

(3)        Multiple Candidates. Each teacher who meets the requirements above may run for teacher representative. There is no limit to the number of teachers who can run and schools may have multiple candidates.

(4)        Certification of Candidates. By the end of the first week of September, of an election year, the Commissioner shall certify the qualifying candidates and place their names on the ballot for voting.

(5)        Electronic Voting. All teachers eligible to vote shall cast their ballot electronically, via a voting portal available on the PSS website (cnmipss.org). Each teacher may only vote once and a candidate is able to vote for themselves or others.

(6)        Time for Voting. Voting shall be open for no longer than one week after the certified candidates are announced on the ballot by the Commissioner.

(7)        Certification for General Election. After voting is closed the top five candidates with the most votes cast for them shall move on to the general election.

 

(c)        General Election

(1)        Date. A general election shall be held the first week of October of every election year.

(2)        Candidates. The top five candidates of the primary election shall be on the ballot for the general election.

(3)        Electronic Voting. All teachers eligible to vote shall cast their ballot electronically via a voting portal available on the PSS website. Each teacher may only vote once and a candidate is able to vote for themselves or others.

(4)        Voting Time. The commissioner shall announce the opening and closing of the polls to eligible voters within the first week of October of that election year. Eligible voters will have only that one week to submit their vote electronically.

 

(d)       Run-off Election

(1)        Candidates. The two candidates with the most votes shall be automatically placed on the ballot for the run-off election.

(2)        Date. The run-off election will be held the first week of November of each election year. The Commissioner will announce the dates and times when the polls will open and close within the first week of November of that election year.

(3)        Electronic Voting. All teachers eligible to vote shall cast their ballot electronically via a voting portal available on the PSS website. Each teacher may only vote once and a candidate is able to vote for themselves or others.

 

(e)        Campaigning

(1)        On School Grounds. candidates may campaign on school grounds and during working hours so long as:

(i)         No PSS resources are used in the production of campaign materials and resources shall mean but not be limited to, copiers, public bulletin boards, classroom time, or the efforts of any student.

(ii)        Conversations with other teachers during breaks or before and after school, while on campus are permitted.

(2)        Work Email. A candidate shall not be permitted to use their work email to campaign.

 

(f)        Protest

(1)        Filing. Any teacher, eligible to vote, may file a protest with the office of the Commissioner of Education at any time during the election but no later than 10 calendar days after the results are certified.

(2)        In Writing. Protests shall be in writing and shall briefly describe the event or thing protested and the parties involved.

(3)        The Commissioner shall immediately investigate any protest and issue a finding within 10 calendar days of the filing of a protest. If the protest is in regard to the final election result, the certification of election results shall not occur until the protest is decided.

(4)        Appeal. Within five days of the issuance of the Commissioner's findings, the protesting party may appeal, in writing, to the Board of Education. The Chairman of the Board will select three members to hear the appeal. The hearing will be informal and both parties will be allowed to call witnesses and present evidence. The Board must hold a hearing within 20 calendar days from the filing of the appeal.

 

Modified, 1 CMC § 3806(a), (e), (f), (g).

 

History: Amdts Adopted 38 Com. Reg. 38197 (June 28, 2016); Amdts Proposed 38 Com. Reg. 37980 (May 28, 2016).

 

Commission Comment: The Commission renumbered sections 1–6 to sections (a)–(f) pursuant to 1 CMC § 3806(a). The Commission struck the figures in subsections (a)(1), (b)(6)–(7), (c)(2), and (d)(1) as mere repetitions of written words pursuant to 1 CMC § 3806(e). The Commission changed the capitalization of “all” in subsection (a)(2),“Voters” in subsection (c)(4), and “within” in subsection (f)(4) for the purpose of conformity pursuant to 1 CMC § 3806(f).The Commission changed colons to periods in subsections (a)–(f), struck the first “only” in subsection (c)(4), and changed “5” to “five” and “3” to “three” in subsection (f)(4) pursuant to 1 CMC § 3806(g).

 

Part 200

 

[Reserved.]

 

Part 300 -   General Administration

 

Subpart A -    School/Community Relations

 

§ 60-20-301   Community Use of School Facilities

 

(a)        Use of Buildings

(1)        In accordance with the law, buildings may be used for free discussion of public questions and subjects of general public interest, for the meeting of organizations of citizens and for such other civic, social and educational purposes as will not interfere with the use of the building for school purposes. No Public School System facility, equipment or property shall be used without the expressed approval of the principal or administrative head.

(2)        All requests for the use of public school facilities from organizations outside of the Public School System shall be made in writing on the designated form (available in the principal’s office) to the school principal at least three days in advance of the proposed usage.

(3)        Each request must state the purpose and nature of the proposed use, and the name(s) of the responsible party. For the use of a building, the applicant must state the approximate time involved, the estimated number of people to be in attendance, and any other pertinent information requested by the principal.

(4)        An appropriate certificate of insurance must be provided as evidence of liability, comprehensive and collision insurance for the full replacement cost of the equipment by all groups requesting the use of school buses, except when this coverage is already provided by the Board. The Public School System, the Board of Education, and the Commonwealth government must be named as insured parties by endorsement in the certificate. The Commissioner shall establish required liability limits.

(5)        The school principal shall have the authority to grant such approval, provided no approval whatsoever shall be granted for any use which will impose on or adversely effect the school’s normal operations. However, the Commissioner has the right to overrule the principal’s decision if, in his/her opinion, it is in the best interest of the Public School System.

 

(b)        Applications for Use

(1)        Applications for the use of the premises shall be made in writing and shall state the date and purpose of the use, and, if an admission charge is to be made, the purpose of raising said funds and such other information as the Board or the Commissioner may require. Parent organizations and other school activity organizations that have been granted use of certain rooms for regular meeting purposes shall not use other rooms in the building to hold meetings or entertain or use the premises other than the regular meeting night unless receiving prior written application as provided above.

(2)        Any cancellation of reserved dates must be made in writing at least twenty-four hours before the date on which meetings are scheduled. The Board reserves the right to cancel any arrangements for use of buildings upon advanced due notice.

 

(c)        Rental Charges

(1)        No charge will be made for any “strictly school” activities or for regular meetings of parent organizations. The Commissioner may waive charges so long as no additional cost is incurred in custodial support who would not normally be on duty and if no extra work is incurred in setting up chairs, equipment, etc.

(2)        All rental charges for use of buildings are due and payable at least twenty-four hours before the date on which the building is to be used. When the buildings are rented on Saturday or Sunday, an additional charge over and above the minimum charge may be required. Other payment arrangements may be made with the Commissioner/designee.

(3)        The Commissioner of Education will set fee schedules.

 

(d)       Requirements

(1)        Any person or agency using public school system facilities, equipment or property for a non-public school system activity shall agree in writing to be responsible for any damage, losses, repairs, etc. arising from the usage and shall indemnify the PSS against all lawsuits and other causes of action arising from the use of PSS property.

(2)        Special permission must be received to serve meals.

(3)        The sale, consumption or possession of alcoholic beverages shall not be permitted on PSS premises at any time. Nor shall any person who is in a drunken or intoxicated condition, or who is under the influence of liquor, be permitted on PSS premises. The person in charge of the meeting will be held responsible for the enforcement of this rule.

(4)        The requesting party is solely liable for returning facilities to the previous condition after use. Damage or breakage occurring in any building or grounds on account of the activities of an organization using it as a meeting place shall be paid for by the organization.

(5)        No use of equipment shall be granted unless an instructor or attendant, approved by the Commissioner/designee, is in charge of the rooms or equipment.

(6)        Smoking, the use of any tobacco product or betel nut is not permitted in any school building at any time.

(7)        The use of profane language or gambling in any form is not permitted in any school building.

(8)        In the event a school is declared by the Governor to be a typhoon shelter, the persons occupying the school shall be responsible for cleaning and restoring the facility to its previous condition.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Adopted 26 Com. Reg. 21759 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (d).

 

In subsection (a)(3), the Commission inserted the word “in” before “attendance” to correct a manifest error.

 

The January 2004 notice of adoption changed the proposed language of subsections (a)(1) through (a)(5) and (b)(1).

 

The January 2004 amendments repealed former Board of Education policy 301, “Appointment of Superintendent of Education,” policy 302, “Functions of the Commissioner,” policy 303 “Duties and Responsibilities of the Superintendent,” policy 304, “Staff Organization and Assignments,” policy 305, “Administrative Procedures,” policy 306, “Public Observances,” policy 307, “School Attendance Districts,” policy 308, “Leaving Campus During School Hours,” policy 309, “Charter of Non-public Schools,” policy 310, “Student Transportation,” policy 311, “ Food Vendor Restriction,” policy 312, “Solicitation” and policy 313, “General Education Development Testing Program.” For the history of these policies see: 20 Com. Reg. 16083 (Aug. 15, 1998); 17 Com. Reg. 13653 (Aug. 16, 1995); 16 Com. Reg. 12517 (Nov. 15, 1994); 13 Com. Reg. 7541 (Jan. 15, 1991); 12 Com. Reg. 7438 (Oct. 15, 1990); 12 Com. Reg. 7205 (Aug. 15, 1990); 13 Com. Reg. 7538 (Jan. 15, 1991); 12 Com. Reg. 7426 (Oct. 15, 1990); 12 Com. Reg. 7438 (Oct. 15, 1990); 12 Com. Reg. 7205 (Aug. 15, 1990); 10 Com. Reg. 5739 (Nov. 15, 1988); 10 Com. Reg. 5688 (Sept. 15, 1988); 7 Com. Reg. 3972 (Sept. 16, 1985); 7 Com. Reg. 3820 (July 22, 1985); 6 Com. Reg. 2565 (Feb. 15, 1984); 5 Com. Reg. 2494 (Nov. 15, 1983); 5 Com. Reg. 2484 (Oct. 20, 1983); 5 Com. Reg. 2191 (June 30, 1983); 3 Com. Reg. 1254 (June 30, 1981); 3 Com. Reg. 1158 (Mar. 30, 1981); 1 Com. Reg. 385 (July 16, 1979); 1 Com. Reg. 244 (June 16, 1979). See also the commission comment to § 60-20-001.

 

§ 60-20-305   Procedural Guidelines for Visitors in the Schools

 

(a)        It is expected that all employees and students will practice cordial manners and friendly public relations toward invited guests in PSS buildings. Unauthorized visitors, however, shall be considered trespassers and subject to arrest and prosecution.

 

(b)        There should be signs directing visitors to report to the principal’s office.

 

(c)        Parents, guardians, Board members and volunteers are welcomed and encouraged to come into the schools. However, they must report to the principal’s office on entering the buildings so that the office will be aware of their presence. When a patron of the school has a need for a conference with a teacher or counselor, an appointment should be made so the staff member may proceed with his/her assigned duties without undue interruption.

 

(d)       Students dismissed earlier in one school than others are not permitted to roam around in any other school in the system. All students are to be directed to proceed toward their homes, work or other destinations after school is dismissed.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 21759 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (d).

 

See also the commission comment to § 60-20-301.

 

§ 60-20-310   Code of Conduct - Adults

 

In order to ensure a safe and orderly environment, in which our students can maximize their educational and social development, the following regulations are enacted with respect to the conduct of adult visitors:

 

(a)        Verbally aggressive behavior, which would include, but not be limited to, threats, intimidation, and profanity, will result in limited access to school premises and school activities for up to one year. The length of the restriction will be determined by the Commissioner of Education.

 

(b)        Physical or violent behavior will result in a ban by the Commissioner/designee or the Board of Education from school premises and activities and will be referred to law enforcement.

 

(c)        Visitors shall not chew betel-nut or use tobacco products while on school property.

 

(d)       No visitor may use, possess or be under the influence of alcohol or illegal drugs while on school property.

 

(e)        Failure to comply with the restricted access provided in the regulations in this section will result in the filing of civil and/or criminal charges.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 26 Com. Reg. 21759 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003).

 

Commission Comment: See the commission comment to § 60-20-301.

 

§ 60-20-315   Solicitations on School Property

 

Solicitation by vendors is strictly prohibited during working hours and on any Public School System premises or during any functions sanctioned by the Public School System.

 

History: Amdts Adopted 26 Com. Reg. 21759 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003).

 

Commission Comment: See the commission comment to § 60-20-301.

 

§ 60-20-320   Research Requests

 

The researcher must take the following steps:

 

(a)        Obtain a copy of the PSS’s policies statement on research requests.

 

(b)        Present a letter of introduction and authentication from the responsible official (i.e., department chairman or above) of an institution of higher education or a professional organization along with evidence of approval by the sponsoring institution’s human subjects committee, institutional review board, or comparable committee.

 

(c)        Submit a copy of the research proposal to include an outline of the research design, copies of the instruments to be used, and an outline or summary of techniques and procedures to be used in the study, including an anticipated date the PSS can expect a report of the findings.

 

(d)       Obtain approval by the Commissioner/designee.

 

(e)        If a survey is to be used, a copy of the survey questions with an estimated time to complete the survey must be provided to the Commissioner’s office.

 

(f)        When appropriate, the researcher must agree to provide the Commissioner with a copy of the results of the research.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 21759 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003).

 

Commission Comment: See the commission comment to § 60-20-301.

 

§ 60-20-325   Public Access to PSS Board Documents

 

Citizens of the CNMI will have access to all Board public records, except minutes of executive sessions, personnel and student files, and any other information specifically exempted under 1 CMC § 9918.

 

(a)        Request for Inspection and/or Duplication

(1)        Requests for access or duplication of the Board’s public records must be made to the Commissioner of Education.

(2)        Upon receipt, the Commissioner/designee will provide or deny access within ten days of the request. The date of request will not be counted as one of the ten days provided for response.

(3)        If access is denied, the Commissioner/designee will provide the person requesting access with an explanation of the reason for denial of access. The written explanation will provide the specific provision of law relied upon in denying access and will be provided within ten days of the request.

(4)        Fees for duplication of the Board’s public records must be received prior to copying unless the Board has waived the fee. Upon request of the person requesting the duplication, the Commissioner/designee will certify that the actual cost of document search and duplication is fair and reasonable.

 

(b)        Unauthorized Removal of Public Records

No person is permitted to remove original public records from PSS facilities without written permission of the custodian of records/designee. Employees who violate this provision are subject to discipline up to and including termination. Violators may be referred to law enforcement officials.

 

(c)        Commercial Use of Records

No person or business entity will be provided with the exclusive right to have access to, control over, duplication of, and dissemination of the public records of the PSS.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 26 Com. Reg. 21759 (Jan. 22, 2004); Amdts Emergency and Proposed 25 Com. Reg. 21065 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c). See the commission comment to § 60-20-301.

 

Part 400 -   Students

 

Subpart A -    Nondiscrimination and Student Rights

 

§ 60-20-401   Discrimination and Harassment Prohibited

 

(a)        All students, employees and parents have the right to be free from discrimination and harassment on the basis of race, creed, religion, color, sex, sexual orientation, national origin, age, cultural or socio-economic status or disabling condition. Employees shall not participate in, or permit others to engage in, any act of discrimination against students, parents or coworkers based on the above factors or in retaliation for the exercise of any of their rights.

 

(b)        Definitions

(1)        Discrimination is the singling out of a person or persons for different treatment, regardless whether good or bad, based on the factors listed above. Discrimination includes not only the creation of a hostile environment, but also favoritism based on any of these factors. Simply put, students and employees are required to treat all persons equally.

(2)        Harassment may be defined as abusive behavior or other verbal or physical conduct towards a person based on that person’s sex, sexual orientation, race, creed, color, religion, national origin, age, cultural or socio-economic status or disabling condition which has the purpose or effect of creating an intimidating, hostile or offensive environment that interferes with a student’s participation in or receipt of benefits, services or opportunities in a school’s programs and activities. Examples of harassment include, but are not limited to, jokes, comments, slurs, epithets and disparaging remarks.

 

(c)        Complaints

(1)        Any student who believes that he or she is a victim of discrimination or harassment should report the matter immediately to the building principal. If the student feels more comfortable speaking to someone other than the building principal, the student may inform any teacher, counselor or the PSS EEO Officer. If the situation is not satisfactorily resolved by the building principal, the student or parent should contact the PSS EEO Officer.

(2)        Students, parents and employees should review § 60-20-402 for more information regarding sexual harassment and follow the procedures set forth in § 60-20-402 to address discrimination or harassment of any kind on the basis of race, creed, religion, color, sex, sexual orientation, national origin, age, cultural or socioeconomic status or disabling condition.

(3)        There will be no retaliation against, or adverse treatment of any student who uses this procedure to resolve a concern when such complaint has been brought in the good faith belief that the complainant has been subjected to discrimination or harassment.

(4)        The responsible administrator shall follow up regularly with the complaining student to ensure that the discrimination and/or harassment has stopped and that no retaliation has occurred.

 

(d)       Discipline/Consequences

(1)        Any student who engages in discrimination and/or harassment while on school property or while participating in school activities will be subject to disciplinary action, up to and including expulsion.

(2)        Any employee who permits or engages in the discrimination and/or harassment of students will be subject to disciplinary action, up to and including dismissal.

(3)        Any employee who receives a complaint of discrimination and/or harassment from a student and who does not act promptly to forward that complaint to the principal and PSS EEO Officer shall be disciplined appropriately.

(4)        Any student who brings a false charge of discrimination and/or harassment shall receive appropriate discipline. The term “false charge” means charges brought in bad faith, that is, without the good faith belief that one has been subjected to sexual harassment. The term “false charge” does not include a charge that was brought be good faith but which the PSS was unable to substantiate.

 

(e)        The PSS EEO Officer will be available to answer all questions regarding this regulation or its implementation.

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002).

 

Commission Comment: The final paragraph was not designated. The Commission designated it subsection (e).

 

In subsection (d)(4), the Commission changed “mean” to “means” to correct a manifest error.

 

On August 16, 2001, the Board of Education repealed former Board of Education “Instructional Program” policies 400-419 and “Pupil Personnel” policies 600-624 and replaced those policies with the provisions codified in parts 400 and 500. See 23 Com. Reg. 18263 (Aug. 16, 2001); 23 Com. Reg. 17965 (June 19, 2001). Where applicable, the histories of former policies 400-419 and 600-624 are included in the history sections for the replacement provisions.

 

Policies that were repealed without specific replacement are as follows: Policy 401, “Responsibility of the Commissioner of Education,” Policy 402, “Distribution of Grade Level,” Policy 414, “Elementary School Teacher Assignment,” Policy 602, “Compulsory Attendance,” Policy 603, “Attendance Records,” Policy 607, “Student Progress Report,” Policy 610, “Student Fund Accounting and Management,” Policy 611, “Corporal Punishment,” Policy 613, “Defining Normal School Age,” Policy 615, “Participation in Graduation,” Policy 620, “Dropout Definition,” Policy 621, “Parental and Community Involvement,” and Policy 640, “Student Rights and Responsibilities.”

 

For the history of these former policies see: Amdts Proposed 17 Com. Reg. 13653 (Aug. 16, 1995); Amdts Adopted 13 Com. Reg. 7666 (Mar. 15, 1991); Amdts Proposed 13 Com. Reg. 7518 (Jan. 15, 1991); Amdts Adopted 13 Com. Reg. 7541 (Jan. 15, 1991); Amdts Adopted 12 Com. Reg. 7438 (Oct. 15, 1990); Amdts Proposed 12 Com. Reg. 7205 (Aug. 15, 1990); Amdts Adopted 5 Com. Reg. 2504 (Dec. 15. 1983); Amdts Proposed 5 Com. Reg. 2470 (Oct. 20, 1983); Proposed 3 Com. Reg. 1254 (June 30, 1981); Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

§ 60-20-402   Sexual Harassment of Students

 

The Board of Education is committed to maintaining a learning environment for its students that is free from sexual harassment. Furthermore, the Board of Education strongly believes that no person in the PSS shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity.

 

(a)        Definition of Sexual Harassment

(1)        Title IX forbids discrimination on the basis of sex in any educational program or activity that receives federal funds. This includes a prohibition on sexual harassment. The Office for Civil Rights of the U.S. Department of Education defines sexual harassment under title IX as follows: “Verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or agent of a recipient that denies, limits, provides different, or conditions the provisions of aid, benefits, services or treatment protected under title IX.”

(2)        Sexual harassment under title IX includes, but is not limited to, unwelcome1 sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

(i)         Submission to such conduct is made either implicitly or explicitly a term or condition of an individual’s academic status or progress, or employment.

(ii)        Submission to or rejection of such conduct by an individual is the basis for educational or employment decisions affecting that individual.

(iii)       Such conduct creates an intimidating, hostile, or offensive educational or work environment.

(iv)       Qualified students are denied educational or employment opportunities or benefits because the opportunities or benefits are given to another student or employee who submitted to sexual advances or requests for sexual favors.

 

1Sexual harassment of students by adults who otherwise come within this policy is absolutely prohibited regardless of whether the conduct is “welcome.”

 

(b)        Examples of Sexual Harassment

(1)        Unwelcome Sexual Advances

Whether the advance is “unwelcome” is determined on a case-by-case basis. Unwelcome advances may include, but are not limited to, the following:

(i)         Any invitation (even subtle) intended to result in a sexual liaison.

(ii)        Invitations to dinner or social events, when refusal results in the loss of academic status or in other adverse educational decisions.

(iii)       Propositioning a student.

(2)        Unwelcome Verbal Conduct of a Sexual Nature

This may include, but is not limited to, the following:

(i)         Sexually provocative or explicit speech.

(ii)        Publicly expressed sexual fantasies.

(iii)       Jokes of a sexual or crude nature.

(iv)       Derogatory comments directed to males or females as a class (language directed toward a specific student is more likely to be viewed as sexual harassment).

(v)        Demeaning comments.

(vi)       Threats for not agreeing to submit to sexual advances.

(vii)      Writing sexually explicit memos.

(3)        Unwelcome Physical Conduct of a Sexual Nature

This may include, but is not limited to, the following:

(i)         Grabbing or twisting an individual’s arm.

(ii)        Any unwarranted touching.

(iii)       Sexually offensive pranks.

(iv)       Drawing sexually explicit cartoons, other drawings, or graffiti.

(v)        Gestures indicating sexual behavior.

(vi)       Suggestive winks.

(vii)      Kissing.

(4)        Student Specific

In addition to the foregoing examples, students may experience harassment that is unique to their situation, some of which may not be immediately recognized as sexual harassment. Such harassment may include, but is not limited to, the following:

(i)         Unwanted2 sexual behavior, such as touching, oral comments, sexual name calling, spreading sexual rumors, jokes, pictures, leers, overly personal conversation, cornering or blocking a student’s movement, pulling at clothes, students “making out” on school premises.

(ii)        A student in a predominately single-gender class who is subjected to sexual remarks by a teacher or students who regard the comments as joking and part of the usual class environment.

(iii)       Interfering with a student’s achievement in a predominantly or historically single-gender class by hiding tools or equipment, questioning the student’s ability to handle the work, or suggesting that the student is “abnormal” for enrolling in the class.

(iv)       Purposefully limiting or denying students access to educational resources because of their gender.

(v)        Teasing a student about the student’s enrollment in a predominantly or historically single-gender class.

 

2Sexual harassment of students by adults who otherwise come within this policy is absolutely prohibited regardless of whether the conduct is “welcome.”

 

(c)        Nature of Sexual Harassment

Sexual harassment is not limited to conduct by males toward females. Sexual harassment may occur between any or all of the following:

(1)        Student to student.

(2)        Staff to student

(3)        Student to staff.

(4)        Male to male.

(5)        Female to female.

(6)        Male to female.

(7)        Female to male.

 

(d)       Investigation of Sexual Harassment Complaints

(1)        If a student believes he/she is being sexually harassed, the student should bring the concern to the attention of the building principal.

(2)        If the student feels that such contact with the building principal would be inappropriate or if the student simply feels more comfortable speaking to someone other than the building principal, the student may inform any teacher, counselor or the PSS EEO Officer for the PSS. If the situation is not satisfactorily resolved by the building principal, the student should contact the PSS EEO Officer.

(3)        If neither the student’s building principal nor the PSS EEO Officer is of the same sex as the student, or the student for any other reason would prefer to report the student’s concern to another administrator within the PSS, the student may do so. However, it is essential that the report be made to someone with the authority and obligation to act upon the concern.

(4)        Any teacher, counselor, or administrator who receives a report, orally or in writing, from any student regarding sexual harassment of that student or another student by a student or adult in the educational setting must forward that report to the building principal and the PSS EEO Officer within twenty-four hours, or within a reasonable extension of time thereafter, for good cause shown.

(5)        Oral complaints of sexual harassment will be put in writing by the complainant or by the person who receives the complaint, and should be signed by the complainant. However, the complainant’s refusal to sign a complaint does not relieve the PSS of the obligation to investigate the complaint

(6)        A student who believes that he/she has been subjected to sexual harassment shall not be required to confront the alleged harasser prior to making the report.

(7)        Following receipt of the report, PSS personnel will promptly and fully investigate the complaint and will notify the student and the alleged harasser of the results of the investigation. Investigations will be conducted with full recognition of the rights of all parties involved.

(8)        Upon receipt of the report, the principal and/or the PSS EEO Officer will appoint an investigator to investigate the complaint. Such investigation shall commence within forty-eight hours after such appointment.

(9)        The PSS will maintain the confidentiality of the complaint and the details of the investigation to the fullest extent possible.

(10)      The investigator will put his/her findings in writing and will forward a copy to the principal and the PSS EEO Officer within two weeks after concluding the investigation, or within a reasonable extension of time thereafter, for good cause shown.

(11)      If the investigation substantiates the complaint, the PSS will take appropriate disciplinary action against the offender(s), commensurate to the severity of the harassment (up to and including termination of employment). If the offender is another student, disciplinary action will be taken in accordance with Board policies and regulations. If the offender is not an employee of the PSS, the PSS will take appropriate action within the scope of its authority to eliminate and redress the harassment.

(12)      If the investigation is indeterminate, the matter will still be designated as unresolved, and the investigation file will be maintained by the PSS EEO Officer in a file separate and apart from any student or personnel file.

(13)      There will be no retaliation against or adverse treatment of any student who uses this procedure to resolve a concern when such complaint has been brought in the good faith belief that the complainant has been subjected to sexual harassment.

(14)      The responsible administrator shall follow up regularly with the complaining student to ensure that the harassment has stopped and that no retaliation has occurred.

 

(e)        Enforcement

Each building administrator is responsible for maintaining an educational and work environment free from sexual harassment. Principals shall take appropriate action to ensure that the students are aware of and knowledgeable about these policies and that discipline action is taken whenever warranted. In accordance with their responsibilities, each building administrator, or his/her designee, shall take appropriate actions to enforce the PSS’s sexual harassment policy, including but not limited to following:

(1)        All vulgar or sexually offensive graffiti shall be removed from the premises.

(2)        The building administrator shall provide an in- service regarding sexual harassment (including sexual harassment involving students) to all staff by the end of the first four calendar weeks of school.

(3)        Student instruction regarding sexual harassment shall be provided annually by the end of September to all students in grades six through twelve. Age appropriate instruction will also be presented to pre-kindergarten through fifth grade students.

(4)        Designated teachers shall discuss this policy with their students within one month after its adoption by the Board and during the first week of the school year thereafter. Written copies of the policy shall be given to each student in grades six through twelve (and in lower grades as may be appropriate) as part of these discussions. Discussion shall be conducted in age appropriate manner and should assure students they need not tolerate any form of sexual harassment.

(5)        All teacher, counselors, and administrators shall instruct students on the procedures for reporting sexual harassment within the educational setting on an as-needed basis.

(6)        The building administrator shall take prompt action to investigate all complaints of sexual harassment.

(7)        The building administrator shall take appropriate disciplinary action, as necessary.

 

(f)        Notifications

A copy of the PSS sexual harassment policy shall:

(1)        Be included in the notifications that are sent to parents/guardians at the beginning of each school year.

(2)        Be displayed in a prominent location near each school principal’s office.

(3)        Be included in any orientation program conducted for new students in grades six through twelve.

(4)        Appear in any PSS or Board of Education publication that sets forth the PSS or building’s comprehensive rules, regulations, procedures, and standards of conduct for students.

 

(g)        Discipline/Consequences

(1)        Any student who engages in sexual harassment while on school property or while participating in school activities will be subject to disciplinary action, up to and including expulsion.

(2)        Any employee who permits or engages in the sexual harassment of students will be subject to disciplinary action, up to and including dismissal.

(3)        Any employee who receives a complaint of sexual harassment from a student and who does not act promptly to forward that complaint to the principal and PSS EEO Officer shall be disciplined appropriately.

(4)        Any student who brings a false charge of sexual harassment shall receive appropriate discipline. The term “false charge” mean charges brought in bad faith, that is, without the good faith belief that one has been subjected to sexual harassment. The term “false charge” does not include a charge that was brought in good faith but which the PSS was unable to substantiate.

(5)        The PSS EEO Officer will be available to answer all questions regarding this regulation or its implementation.

 

(h)        Title IX Grievance Procedure (Sexual Harassment)

(1)        Level 1: Principal or Immediate Supervisor (informal and optional -- may be bypassed by grievant)

An informal meeting with the parties and the principal or the PSS EEO Officer can solve many problems. A student who believes that he/she has been subjected to sexual harassment is encouraged to first discuss it with the teacher, counselor, or building administrator involved with the objective of resolving the matter promptly and informally. If the individual’s teacher/supervisor is the person alleged to have engaged in sexual harassment then the grievant should skip level 1 and go directly to level 2.

(2)        Level 2: The Investigation

(i)         If the complaint or issue is not resolved at level 1 or if the grievant chooses to skip level 1, the grievant may file a signed, written grievance stating:

(A)       The nature of the grievance;

(B)       The remedy requested; and

(C)       The date the grievance was submitted.

The level 2 written grievance should be filed with the PSS EEO Officer within fifteen days of the event or incident, or from the date the grievant could reasonably become aware of such occurrence.

(ii)        The PSS EEO Officer may appoint an investigator to investigate a written grievance. If possible, the investigator will resolve the grievance. If the parties cannot agree on a resolution, the PSS EEO Office or appointed investigator will prepare a written report of the investigation that shall include:

(A)       A clear statement of the allegations of the grievance and remedy sought by the grievant.

(B)       A statement of the facts as contended by each of the parties.

(C)       A statement of the facts as found by the appointed investigator and identification of evidence to support each fact.

(D)       A list of all witnesses interviewed and documents reviewed during the investigation.

(E)       A narrative describing attempts to resolve the grievance.

(F)       The appointed investigator’s conclusion as to whether the allegations in the grievance are meritorious.

(iii)       The investigator shall consult with the EEO Officer during the investigation and attempted resolution of the grievance.

(iv)       The appointed investigator will complete the investigation and file the report within thirty days after receipt of the written grievance. The investigator shall file the report with the EEO Officer and the EEO officer will make any necessary recommendations and forward the report to the Commissioner’s office.

(v)        If the Commissioner/designee agrees with the recommendations of PSS EEO Officer, the recommendations will be implemented. The Commissioner/designee will inform the grievant in writing of his or her decision and any action that will be taken.

(3)        Level 3: The Board of Education

If the Commissioner rejects the recommendations of the EEO Officer, and/or either party is not satisfied with the recommendations from level 2, either party may make a written appeal within ten days of receiving the report of the Commissioner to the Board of Education. On receipt of the written appeal, the matter shall be placed on the agenda of the Board of Education for consideration within thirty days. A decision shall be made and reported in writing to all parties within thirty days of that meeting. The decision of the Board of Education will be final.

(4)        Other Options for Grievant

At any time during this process, a grievant may file a complaint with the U.S. Department of Education, Office for Civil Rights, the Equal Employment Opportunity Commission and/or the Federal Omnibudsman to the Commonwealth.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 20 Com. Reg. 15965 (June 15, 1998); Amdts Proposed 19 Com. Reg. 15423 (Aug. 15, 1997).

 

Commission Comment: The original paragraphs of subsection (a) were not designated. The Commission designated subsections (a)(1) and (a)(2). The Commission also designated subsection (g)(5).

 

The 1998 amendments added new “policy 611,” entitled “Student Sexual Harassment.” The 2001 amendments repealed Board of Education policy 611 and replaced it with this section.

 

In subsection (h)(2)(v), the Commission changed “grievance” to “grievant” and inserted the final period to correct manifest errors.

 

§ 60-20-403     Bullying

 

(a)        It is the policy of the CNMI State Board of Education to prohibit bullying, harassment, or

intimidation of any person on school property or at school-sponsored functions or by the use of electronic technology at a public school. It is the policy of the CNMI State Board of Education to prohibit reprisal or retaliation against individuals who report acts of bullying, harassment, or intimidation or who are victims, witnesses, bystanders, or others with reliable information about an act of bullying, harassment, or intimidation.

 

(b)        Definitions

(1)        As used in this regulation, “bullying, harassment, or intimidation” means intentional conduct, including verbal, physical, or written conduct or an intentional electronic communication that creates a hostile educational environment by substantially interfering with a student’s educational benefits, opportunities, or performance, or with a student’s physical or psychological well-being and is:

(i)         Motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or physical or mental ability or disability;

(ii)        Threatening or seriously intimidating;

(iii)       Occurs in a school setting and/or with school property; and

(iv)       Substantially disrupts the orderly operation of a school.

(2)        Examples of bullying may include but are not limited to:

(i)         Physical: hitting, kicking, pushing, shoving, getting another person to hurt someone;

(ii)        Verbal: racial slurs, name-calling, teasing, taunting, verbal sexual harassment, gossiping, spreading rumors; or

(iii)       Non-verbal: threatening, obscene gestures, isolation, exclusion, stalking, cyber-bullying (bullying that occurs by means of electronic communication).

(3)        “Electronic communication” means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or page.

(4)        “School setting” means in the school, on school grounds, in school vehicles, at a designated school bus stop or at any activity sponsored, supervised or sanctioned by the school.

(5)        “School property” means the school computer or telephone and encompasses the use of electronic technology at a public school.

 

(c)        Complaints

(1)        Any student who believes that he or she is a victim of bullying should report the matter immediately to the building principal. If the student feels more comfortable speaking to someone other than the building principal, the student may inform any teacher, counselor or the PSS EEO Officer. If the situation is not satisfactorily resolved by the building principal, the student or parent should contact the PSS EEO Officer.

(2)        There will be no retaliation against, or adverse treatment of any student who uses this procedure to resolve a concern when such complaint has been brought in the good faith belief that the complainant has been subjected to bullying.

(3)        The responsible administrator shall follow up regularly with the complaining student to ensure that the bullying has stopped and that no retaliation has occurred.

 

(d)       Discipline/Consequences

(1)        Any student who engages in bullying while on school property or while participating in school activities will be subject to disciplinary action, up to and including expulsion.

(2)        Any employee who permits or engages in the bullying of students will be subject to disciplinary action, up to and including dismissal.

(3)        Any employee who receives a complaint of bullying from a student and who does not act promptly to forward that complaint to the principal and PSS EEO Officer shall be disciplined appropriately.

(4)        Any student who brings a false charge of bullying shall receive appropriate discipline. The terms “false charge” means charges brought in bad faith, that is, without the good faith belief that one has been subjected to bullying. The term “false charge” does not include a charge that was brought be good faith but which the PSS was unable to substantiate.

 

(e)        The PSS EEO Officer will be available to answer all questions regarding this regulation or its implementation.

 

(f)        Enforcement

Each building administrator is responsible for maintaining an educational and work environment free from bullying. Principals shall take appropriate action to ensure that the students are aware of and knowledgeable about these policies and that discipline action is taken whenever warranted. In accordance with their responsibilities, each building administrator, or his/her designee, shall take appropriate actions to enforce the PSS’s bullying policy.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 33 Com. Reg. 31845 (Aug. 23, 2011); Proposed 33 Com. Reg. 31720 (June 27, 2011).

 

Commission Comment: The Commission changed “is not limited” to “are not limited” in subsection (b); inserted a period at the end of subsection (b)(2)(iii); and corrected numbering in subsection (c) to correct manifest errors in this section.

 

§ 60-20-404   Searches by School Personnel

 

(a)        Reasonable Suspicion

(1)        Searches of students shall only be conducted when a school official has reasonable suspicion predicated on one or more of the following:

(i)         Reliable reports or information from credible sources made known to school officials. If the source is anonymous, the informant must show that the information has a relationship with the school or students so as to give it credibility.

(ii)        Suspicious or evasive behavior suggesting violation of a school policy or law, or concealment of contraband, weapons or stolen property.

(iii)       Observation of a student engaging in prohibited conduct or being in a restricted area.

(2)        The more of these factors that are found, the greater the inference of reasonable suspicion. The school official may also take into account the student’s history in the development of reasonable suspicion.

 

(b)        Reasonable Scope

(1)        The scope of the search conducted must be reasonably related to the objective sought and the evidence searched for. The search shall be no more intrusive than necessary to serve the school’s legitimate objectives. In determining if the search is related to the objectives sought, the school official should consider:

(i)         The nature and severity of the violation to determine the permissible amount of intrusion into the student’s privacy rights.

(ii)        The area to be searched so that it will be no more extensive than required to serve the school’s legitimate objectives.

(iii)       The time and place where the search is conducted so that it will be as close as possible to the time and place of the suspected violation.

(iv)       The duration of the search so that it will be no longer than necessary to serve the school’s legitimate objectives.

(2)        Whenever reasonably possible the search should be conducted by school official who is the same sex as the student to be searched.

 

(c)        Locker, Automobile and Desk Searches

Searches of lockers, desks, storage spaces and other property owned jointly by the PSS and the student may be conducted whenever reasonable suspicion exists to believe that contraband, weapons or prohibited items are concealed therein. Notice of the joint ownership of lockers and desks shall be given to the student body at the beginning of each school year or more often as required. (See form 2150 for an example of such a notice).

 

(d)       Canine Searches

Canine searches shall never be conducted on a student’s person and if undertaken, shall be restricted to desks, lockers and parking lots.

 

(e)        Surveillance

Surveillance shall only be conducted in hallways, school buses and other areas open to public view where the students are permitted.

 

(f)        Consent Searches

Whenever possible the student’s voluntary informed consent shall be sought before a search is conducted. However, searches normally should not be based solely on consent.

 

(g)        Police Involvement

Police involvement shall be sought whenever school officials uncover evidence of a violation of Commonwealth or federal law or when school officials deem such involvement necessary or helpful in maintaining school discipline or safety.

 

(h)        Reports

After a search has been conducted, school officials shall prepare a written report, specifically detailing the objectives of the search, the scope of the search, and the circumstances and information giving rise to reasonable suspicion for the search. Copies of the report shall be immediately filed with the Commissioner of Education and PSS legal counsel.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 20 Com. Reg. 15965 (June 15, 1998); Amdts Proposed 19 Com. Reg. 15423 (Aug. 15, 1997).

 

Commission Comment: The original paragraphs of subsections (a) and (b) were not designated. The Commission designated subsections (a)(1) and (a)(2) and (b)(1) and (b)(2).

 

The 1998 amendments added new “policy 612,” entitled “Searches of Students, Lockers and Automobiles.” The 2001 amendments repealed Board of Education policy 612 and replaced it with this section.

 

The Commission inserted a period at the end of subsection (c).

 

§ 60-20-406   Releasing and Referring Students to the Department of Public Safety

 

The following guidelines are to be used by school administrators when considering referring students to the Department of Public Safety (DPS) for conduct committed on campus:

 

(a)        It is the responsibility of all citizens who have direct knowledge of a committed felony to report it to DPS. If a student is suspected of committing a felony, the school administrator must report it to DPS. (See also policy and regulation 2670 and § 60-20-472 - Reporting Violent Behavior and Student Abuse.)

 

(b)        In cases involving a misdemeanor, the principal must exercise his/her professional judgment whether to report the student to DPS. In general, the more serious the misdemeanor, the greater likelihood it should be referred to DPS. Minor infractions (e.g. a minor caught smoking a cigarette) should be dealt with at the school level.

 

(c)        All incidents involving the use of dangerous weapons should be reported to DPS. (See policy and regulation 2670.)

 

(d)       If a principal or school administrator has evidence of a crime in progress, he/she has the authority to make a citizen’s arrest and then must report the crime to DPS immediately.

 

(e)        Upon arriving on campus, DPS personnel must report first to the principal’s office. The only exception to first reporting to principal’s office is when there is a crime in progress. DPS then has the right to make an immediate arrest and report afterwards to the principal’s office.

 

(f)        No student is to be turned over to a non-uniformed policeman without verifying his/her proper identification.

 

(g)        Whenever a student is turned over to DPS, it is the responsibility of the school administrator to immediately notify the student’s parent/guardian.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The cross-references to policy and regulation 2670 in this section are unclear. The referenced policy has not been published in the Commonwealth Register.

 

§ 60-20-408   Employees of Department of Public Safety on Campus

 

Whenever a student is on campus during school operating hours and is wanted by the Department of Public Safety (DPS) for an alleged offense(s) not reported by the school, the following guidelines shall apply:

 

(a)        In all cases, upon arriving on campus, DPS personnel must report first to the principal’s office to inform the principal of the student(s) sought by DPS and to explain the purpose of their visit to the school. The only exception to first reporting to the principal’s office is when there is a crime in progress. DPS then has the right to make an immediate arrest and report afterwards to the principal’s office. The principal shall immediately notify the parent/guardian of a student who has been arrested by DPS on campus.

 

(b)        In cases involving a felony when DPS personnel wish to question a student during school hours, the parents must be informed before such questioning may begin. The principal may be present during the questioning. A student may be released to DPS if DPS demonstrates to the school that such release is necessary in the interests of law enforcement and public safety, such as a copy of a warrant or indictment. The principal shall immediately notify the parent/guardian of a student who has been released to DPS.

 

(c)        In cases involving a misdemeanor, DPS will make every effort to locate and question a student involved in or knowledgeable of a misdemeanor outside of school operating hours and will only resort to questioning a student during school hours when all other methods fail. In the event that questioning a student during school hours is necessary, the parent must be informed before such questioning may begin and DPS may only question a student when a principal is present. A principal does not need to release a student to DPS in cases involving a misdemeanor.

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

§ 60-20-410   Distribution of Non-curricular Publications by Students

 

(a)        Guidelines for Distribution

(1)        Students may distribute, at reasonable times and places, unofficial written materials, petitions, buttons, badges, or other insignia, except expressions which:

(i)         Are obscene to minors.

(ii)        Are libelous.

(iii)       Are pervasively indecent or vulgar.

(iv)       Advertise any product or service not permitted to minors by law.

(v)        Constitute insulting, hateful or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence, defamation of character or of a person’s race, religion, or ethnic origin).

(vi)       Present a clear and present likelihood that, either because of their content or their manner of distribution, will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, or will cause the commission of unlawful acts or the violation of lawful school regulations.

(2)        Distribution on school premises of material in above categories to any student is prohibited.

 

(b)        Procedures

(1)        Any student wishing to distribute unofficial written material must first submit for approval a copy of the material to the principal/designee at least three days in advance of desired distribution time, together with the following information:

(i)         Name and phone number of the person submitting request.

(ii)        Date(s) and times(s) of day of intended display or distribution.

(iii)       Location where material would be displayed or distributed.

(iv)       The grade(s) of students to whom the display or distribution is intended.

(2)        Within forty-eight hours of submission, the principal/ designee will render a decision whether the material violates the guidelines contained in this section or the time, place and manner restrictions of this section. In the event that permission to distribute the material is denied, the student submitting the request should be informed of the reasons for the denial.

(3)        Permission to distribute material does not imply approval of its contents by the school, the administration, the Board, or the individual reviewing the material submitted. Accordingly, the publication shall contain a statement “The opinions expressed are not necessarily those of the PSS or its personnel.”

(4)        If the student is dissatisfied with the decision of the principal/designee, the student may submit a written request for appeal to the Commissioner/designee. If still not satisfied, the student may appeal the request to the Board for its review.

 

(c)        Time, Place and Manner of Distribution

The distribution of written material shall be limited to a reasonable time, place and manner as follows:

(1)        No written material may be distributed during and at the place of a normal school activity (e.g., classroom) if it is reasonably likely to cause a material and substantial disruption of that activity.

(2)        Distribution of written material is prohibited when it blocks the safe flow of traffic within corridors and entrance ways of the school.

 

(d)       Definitions

The following definitions apply to the following terms as used in this policy.

(1)        Obscene to minors is defined as:

(i)         The average person, applying contemporary community standards, would find that the written material, taken as a whole, appeals to the prurient interests of minors of the age to whom distribution is requested; and/or

(ii)        The material depicts and describes, in a manner that is patently offensive to prevailing standards in the adult community concerning how such conduct should be presented to minors of the age to whom distribution is requested, sexual conduct such as intimate sexual acts (normal or perverted), masturbation, excretory functions, and lewd exhibition of the genitals; and/or

(iii)       The material taken as a whole lacks serious literary, artistic, political or scientific value for minors. Minor is defined as any person under the age of eighteen.

(2)        Material and substantial disruption of a normal school activity is defined as follows:

(i)         Any disruption that interferes with or impedes the implementation of any educational or school sponsored program.

(ii)        In order for expression to be considered disruptive; there must exist specific facts upon which the likelihood of disruption can be forecast, including past experience in the school and current events influencing student activities and behavior.

(3)        School activities is defined as any activity of students sponsored by the school and includes - by way of example, and not by way of limitation - classroom work, library activities, physical education classes, official assemblies, and other similar gatherings, school athletic contests, band concerts, school plays, and in-school lunch periods.

(4)        Unofficial written material is defined as all written material except school publications funded and/or sponsored or authorized by the school. Examples include leaflets, brochures, flyers, petitions, placards and underground newspapers, whether written by students or others.

(5)        Libelous is defined as a false or unprivileged statement about a specific individual that tends to harm the individual’s reputation, or to lower him/her in the esteem of the community.

(6)        Distribution is defined as circulation or dissemination of written material by means of handing out free copies, selling or offering copies for sale and accepting donations for copies. It includes displaying written material in areas of the school, which are generally frequented by students.

 

(e)        Disciplinary Action

Distribution by a student of unofficial written material prohibited in this section will be treated as a violation of the student discipline code.

 

Modified, 1 CMC § 3806(d), (e).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The original paragraphs of subsections (a) and (b) were not designated. The Commission designated subsections (a)(1) and (a)(2) and (b)(1) through (b)(4).

 

§ 60-20-411   Educational Opportunity for Disabled Students

 

It is the policy of the Board of Education to provide free appropriate education for all students with disabilities. Students with disabilities are those who have been identified by professionally qualified personnel as needing accommodation or special educational planning and related services. Such students with disabilities will be identified pursuant to the requirements of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 et seq.; 34 C.F.R. Part 300), the Rehabilitation Act of 1973, Section 504 as amended (29 U.S.C. §§ 705, 794; 34 C.F.R. Part 104), and Commonwealth law. The PSS programs and services available to meet the needs of these students will be in accordance with the aforementioned laws.

 

History: Adopted 29 Com. Reg. 26433 (Feb. 15, 2007); Proposed 28 Com. Reg. 26217 (Oct. 30, 2006).

 

Subpart B -    Admission and Withdrawal

 

§ 60-20-412   Entrance Age

 

(a)        A child shall be admitted to the first grade of elementary school at the beginning of the school year if the child’s sixth birthday occurs on or before September 30th of the school year for which entrance application is made.

 

(b)        Any child may be admitted to kindergarten at the beginning of a school year if the child’s fifth birthday occurs on or before September 30th of the school year for which application is made. Under no circumstances will a child whose sixth birthday occurs after September 30th but before the completion of the school year applied for be denied admission to school based solely upon the child’s age.

 

(c)        Any child who meets the eligibility requirements of the Head Start Program may be admitted to Head Start at the beginning of a school year if the child’s third, or fourth birthday occurs on or before September 30th of the school year for which entrance application is made.

 

(d)       A birth certificate or other legal document such as a passport will be requited as proof of age.

 

(e)        In the event of extraordinary circumstances surrounding the admission or denial of a child’s admission to a school or program, the Commissioner of Education may make exceptions to this regulation if it is in the best interests of the child and the PSS.

 

History: Amdts Adopted 35 Com. Reg. 34360 (Oct. 28, 2013); Amdts Proposed 35 Com. Reg. 34139 (Aug. 28, 2013); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 20 Com. Reg. 15966 (June 15, 1998); Amdts Proposed 19 Com. Reg. 15423 (Aug. 15, 1997); Amdts Adopted 10 Com. Reg. 5739 (Nov. 15, 1988); Amdts Proposed 10 Com. Reg. 5688 (Sept. 15, 1988); Proposed 3 Com. Reg. 1158 (Mar. 30, 1981).

 

Commission Comment: The 2001 amendments repealed former Board of Education policy 601, entitled “Age of Entrance,” and replaced it with this section. See also the commission comment to § 60-20-001.

 

§ 60-20-414   Students Beyond Normal Age of Attendance

 

(a)        No student who has reached the age of seventeen by September 30 of the school year in which attendance is being requested shall be enrolled in grades 1-9, unless an exemption is granted by the Commissioner due to compelling and justifiable circumstances. No student who has reached the age of twenty by September 30 of the school year in which attendance is being requested shall be enrolled in grades 10-12, unless an exemption is granted by the Commissioner due to compelling and justifiable circumstances.

 

(b)        Students who are seventeen years or older in grades 8-9 or nineteen years or older in grades 10-12 who fail to earn at least five credits in the school year shall not be re-enrolled the following year.

 

(c)        A student over the compulsory age of attendance may not register for school after the second week of the first quarter of the school year unless he/she is a transferee from another school and has been in attendance during that school year. These restrictions shall not apply to special education students or students who have an excusable reason for late registration, such as illness.

 

(d)       A student over the compulsory age of attendance who has accumulated a total of thirteen days and/or five consecutive days of unexcused absences shall be dropped from school for the balance of that academic year. Students under block scheduling who incur seven or more unexcused absences during a term shall be dropped from school for the balance of that academic year.

 

(e)        High school students shall be given six continuous calendar years to complete their graduation requirements, commencing from their first day in the 9th grade. Students who do not complete their graduation requirements by the end of this period may be denied entrance to school in subsequent years. Permission to return to school may, therefore, be denied to dropout students if they would be unable to complete their graduation requirements by the end of the six year period.

 

(f)        Any actions taken pursuant to this policy with respect to the attendance of special education students must be consistent with the Individuals with Disabilities Act (IDEA) and the disciplinary code for special education students.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 9 Com. Reg. 5242 (Sept. 15, 1987); Amdts Proposed 9 Com. Reg. 4928 (May 15, 1987).

 

Commission Comment: The 1987 amendments added “policy 615,” entitled “Students Beyond Normal Age of Attendance.” A notice of adoption for the August 1998 proposed amendments was never published. The 2001 amendments repealed former Board of Education policy 615 and replaced it with this section. The 2002 amendments amended subsection (d) and readopted and republished this section in its entirety.

 

§ 60-20-416   Admission of Resident Students

 

(a)        Proof of Residency

(1)        All students, five to twenty-one years of age, who reside within the boundaries of the CNMI, may attend PSS schools tuition free. In order to “reside” within the CNMI, the student must be physically domiciled within CNMI boundaries. The domicile of a minor student is generally the domicile of the student’s parent/guardian.

(2)        A student may only register in the PSS if the student provides proof of residency or if the student or parent/guardian requests a waiver from the Board of Education on the basis of hardship or good cause. Parents/guardians will be required to sign a “Proof of Residency” form at the time of enrollment. If the Commissioner has reason to suspect that the admission of a student will create an immediate danger to the safety of others, a hearing will be convened within three working days of the request to register. At the hearing, the Commissioner will determine whether the student may enroll.

 

(b)        Waiver

(1)        Students or parents/guardians seeking a waiver of the residency requirement must complete and submit to the Commissioner a “Request for Waiver of Proof of Residency” form stating the reasons for which the waiver is requested. If a waiver is requested, the Board of Education must convene a hearing no later than forty-five days after the request for waiver is filed. If the Board fails to convene a timely hearing, the request for waiver is automatically granted. Following the hearing, the Board will provide written notice of its decision and the reasons for its approval or denial of the waiver request.

(2)        In considering whether a waiver of residency should be granted, the presumption that a student’s domicile is in the home of the student’s parent/guardian is not conclusive. Students residing within the Commonwealth, but not within the domicile of their parent/guardian, will be considered residents of the Commonwealth if they reside within the Commonwealth for reasons other than solely to attend Commonwealth schools.

 

(c)        Records Review

Within forty-eight hours of enrolling a new student, the Commissioner/designee will request copies of the new student’s transfer and discipline records from all schools in which the new student attended at any time within a twelve month period preceding enrollment in the PSS. In addition, parents/guardians of students new to the PSS will be required to complete and sign “Prior Discipline Record” form informing the PSS concerning suspension or expulsions incurred at schools previously attended. The Commissioner/designee is responsible for ensuring that all pre-registration residency, waiver request, and prior discipline forms are completed and maintained as PSS records.

 

(d)       Denial of Enrollment for Certain Offenses

(1)        However, no student will be enrolled who has been convicted of or charged without final adjudication of the following criminal acts or the corresponding juvenile offenses:

(i)         First degree murder as defined by CNMI law or similar offenses in other jurisdictions.

(ii)        Second degree murder as defined by CNMI law or similar offenses in other jurisdictions.

(iii)       Aggravated assault and battery as defined by CNMI law or similar offenses in other jurisdictions.

(iv)       Assault with a dangerous weapon as defined by CNMI law or similar offenses in other jurisdictions.

(v)        Sexually violent offenses as defined by CNMI law or similar offenses in other jurisdictions.

(vi)       Robbery as defined by CNMI law or similar offenses in other jurisdictions.

(vii)      Distribution of a controlled substance to persons under 18 as defined by CNMI law or similar offenses in other jurisdictions.

(viii)     Arson as defined by CNMI law or similar offenses in other jurisdictions.

(ix)       Kidnapping as defined by CNMI law or similar offenses in other jurisdictions.

(2)        Notwithstanding this subsection [§ 60-20-416(d)], the denial of enrollment of a student with a disability for these offenses is only authorized to the extent it is consistent with the IDEA.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Adopted 29 Com. Reg. 26433 (Feb. 15, 2007); Amdts Proposed 28 Com. Reg. 26217 (Oct. 30, 2006); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The original paragraphs of subsections (a), (b) and (d) were not designated. The Commission designated subsections (a)(1) and (a)(2), (b)(1) and (b)(2), and (d)(1) and (d)(2).

 

The 2007 amendments made numerous changes to subsection (d). The title of this section was changed from “Admission and Withdrawal” to the current title in 2007.

 

§ 60-20-418   Transfers to Different Schools/Zones

 

The Board of Education understands that parents and students may move to different islands or different villages during their child’s school years. While the Board suggests that parents avoid changing their child’s school in the middle of an academic year, on occasion, a transfer may be unavoidable due to certain family circumstances. In order to honor the request for transfer while protecting the academic needs of the student and minimizing the disruption of the educational process, the Board has adopted this section. This section sets forth the transfer process.

 

(a)        Request for student transfers during the school year must be submitted to and approved by the principal of both the releasing and the receiving school. The releasing and the receiving principal must communicate regarding the requested transfer. The two principals, in consultation with the school counselor as appropriate, will examine the academic needs of the student and the effect of the transfer on the school and the educational process before approving transfer requests. More than one transfer request by a student in a single school year may be rejected by the PSS and may be referred to the proper authorities in cases of suspected educational neglect.

 

(b)        Transfer requests must be submitted at least fifteen school days in advance of the proposed transfer. Such requests will not be approved during the final ten school days of any quarter of both schools unless there are extenuating circumstances.

 

(c)        Students transferring during the summers must notify the releasing school and meet the registration requirements and deadlines of the receiving school.

 

Modified, 1 CMC § 3806(d), (e).

 

History: Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

The notice of adoption for the 2002 amendments changed the proposed language of subsections (a) and (b). See 24 Com. Reg. at 19413 (July 29, 2002).

 

Subpart C -    Attendance

 

§ 60-20-420   Student Attendance

 

The Public School System recognizes two types of absences: excused or unexcused.

 

(a)        Excused absence is absence necessitated because of illness or death in the family, or absence with the written approval of parent/guardian when such approval is not inconsistent with the academic needs of the student as determined by the principal.

 

(b)        Unexcused absences are those which are not excused. They may generally be categorized as being of such a nature that prudence would have avoided or precluded the absence. Suspensions and expulsions are considered unexcused absences.

 

(c)        All students who participate in sanctioned school activities that remove the student from regular classroom attendance shall be considered as present. Sanctioned activities must have an educational purpose and students must make up any lesson or assignment missed as a result of such activity. Educational purposes include the discovery and understanding of life skills, community awareness, cultural diversity, language development, natural resources, social structures, political systems, historical perspectives and character development.

 

(d)       School principals/designees have the authority to make determination of whether or not an absence will be considered excused or unexcused.

 

(e)        Student Absences

(1)        Secondary school students (grades 7-12) who incur thirteen or more unexcused absences in a course during one semester shall be considered excessively absent and shall not receive a passing grade for that course for that semester. Students under block scheduling who incur seven or more unexcused absences during a term shall be considered excessively absent and shall not receive a passing grade for that course during that term.

(2)        Secondary students who do not receive a passing grade for a semester as a result of excessive absences shall receive a “no credit” (NC or 0.00) on their academic record, irrespective of the grade the student would have received before the excessive absences. The course must be repeated and the no credit may be deleted only upon successful completion of the repeated course.

(3)        Elementary school students with 25 or more absences in a school year will not receive credit and will not be promoted, unless an exemption is granted by the Commissioner.

(4)        For the purpose of this section, three unexcused tardies within a term or semester from a course/class shall equal one unexcused absence from the course/class for that term or semester.

 

(f)        Tardiness

The term tardy is defined as being late to school, class or an activity with or without permission of parent/guardian. A student is considered tardy if he/she arrives after the designated time of the class or activity, regardless of whether the student is late by five minutes or fifteen minutes. A student who misses more than half of the class or activity shall be considered absent for the entire class or activity.

 

(g)        Counseling for Absenteeism and Tardiness Problems

The teacher should counsel those students who are developing a pattern of being absent and/or tardy. The teacher will refer to a school administrator specifically designated by the school principal to handle such problems, those students who, in the teacher’s judgment, are not making progress toward correcting the problem.

(1)        Upon the first referral by a teacher, the administrator should attempt to determine the nature of the problem, inform the student and the student’s parent/guardian of the absence and tardy policy and regulation.

(2)        The teacher must refer the student to a school administrator and a parent conference must be held to discuss the problem and to explain the Board regulations and any appropriate discipline alternatives under the following circumstances:

(i)         Under block scheduling, after the third unexcused absence or sixth tardy in a quarter.

(ii)        For secondary schools without block scheduling, after the sixth tardy or sixth unexcused absence in a semester.

(iii)       For elementary schools, after the sixth tardy in a semester or the sixth unexcused absence in a semester.

(3)        In addition to counseling after teacher referrals, principals shall require doctor’s excuses for absences in the following circumstances, unless a waiver for the absence is obtained from the school principal:

(i)         Under block scheduling, a doctor’s excuse will be required for any absence after the third in a term.

(ii)        For secondary schools without block scheduling, a doctor’s excuse will be required for any absence after the sixth in a semester.

(iii)       For elementary schools, a doctor’s excuse will be required for any absence after the sixth in a semester.

 

(h)        Absenteeism and/or tardiness problems for special education students must be referred to the student’s IEP team to address the problem and discuss any appropriate learning and/or disciplinary alternatives.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 20 Com. Reg. 15965 (June 15, 1998); Amdts Proposed 19 Com. Reg. 15423 (Aug. 15, 1997); Amdts Adopted 13 Com. Reg. 7541 (Jan. 15, 1991); Amdts Adopted 12 Com. Reg. 7438 (Oct. 15, 1990) (reserving proposed amendment for further consideration); Amdts Proposed 12 Com. Reg. 7205 (Aug. 15, 1990); Amdts Adopted 5 Com. Reg. 2504 (Dec. 15. 1983); Amdts Proposed 5 Com. Reg. 2470 (Oct. 20, 1983); Proposed 3 Com. Reg. 1254 (June 30, 1981).

 

Commission Comment: A notice of adoption for the August 1998 amendments was never published. The 2001 amendments repealed former Board of Education policy 604, entitled “Student Absences and Excuses,” and replaced it with this section.

 

The 2002 amendments readopted and republished this section in its entirety with numerous amendments. The 2002 amendments amended subsections (a), (b), (e)(1) and (e)(2) and added (e)(3), (e)(4), (g) and (h). The notice of adoption for the 2002 amendments changed the proposed language of subsection (c). See 24 Com. Reg. at 19413 (July 29, 2002). See also the commission comment to § 60-20-001.

 

§ 60-20-422   Part-time Attendance

 

The PSS recognizes the need of some students to attend school on a part-time basis. The Board of Education has established this section regarding part-time attendance. It is the intent of this section to meet the individual needs of each student and at the same time establish rules and regulations that will preserve the discipline, health, and academic standards of the school.

 

(a)        Eligibility Requirements

(1)        To be eligible for part-time attendance, the student must be a resident of the CNMI.

(2)        The student must be more than sixteen years old and less than twenty years unless the IEP of a student under 16 provides for part-time attendance. Students twenty years and older may apply and it will be at the discretion of the principal, and, in the case of a student with a disability, the IEP team, whether to approve part-time attendance for such students.

(3)        The student must have parent/guardian approval if under 18 years of age.

(4)        The student must demonstrate a definite need to attend school on a part-time basis. Examples are:

(i)         Financial needs of student or family,

(ii)        Health problems of self or family,

(iii)       Vocational training in school or on the job,

(iv)       Enrollment in a school of higher education, and

(v)        Unique curriculum offerings.

 

(b)        Application Procedure

(1)        The student must secure an appointment with the guidance counselor and school principal prior to classification as a part-time student. The student must complete a part-time attendance request form at the conference. Before any decision is given concerning the request, a conference must be held with the student’s parent/guardian if the student is under 18 years of age. All applications and conferences must be completed during the time preceding the semester in which the student is to be enrolled on a part-time basis.

(2)        After an application has been submitted, the principal shall rule on the request and report to the Commissioner the names of all students who are to be enrolled on a part-time basis. This same report shall be transmitted to the Board of Education. In the event the principal denies the request, the student may appeal to the Commissioner who must respond in a reasonable time.

(3)        Part-time students are governed by the same rules and regulations that apply to regularly enrolled students.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Adopted 29 Com. Reg. 26433 (Feb. 15, 2007); Amdts Proposed 28 Com. Reg. 26217 (Oct. 30, 2006); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 5 Com. Reg. 2504 (Dec. 15. 1983); Amdts Proposed 5 Com. Reg. 2470 (Oct. 20, 1983).

 

Commission Comment: The original paragraphs of subsection (b) were not designated. The Commission designated subsections (b)(1) through (b)(3).

 

The 1983 amendments added a policy entitled “Part-time Students” without specifying its policy number. The August 1998 amendments proposed to amend a “policy 614,” entitled “Full and Part-time Students.” A notice of adoption for the August 1998 proposed amendments was never published. The 2001 amendments repealed former Board of Education policy 614, entitled “Part-time Students,” and replaced it with this section.

 

The February 2007 amendments changed the second sentence of subsection (a)(2).

 

§ 60-20-424   Student Early Dismissal Procedures

 

(a)        The following procedures apply:

(1)        Early dismissal of a student may be approved only by the building principal/designee.

(2)        Requests for early dismissal must be in writing, signed and dated by a parent/guardian unless there is an emergency. In such cases, telephone requests for early dismissal of a student shall be honored only if the caller can be positively identified as the student’s parent/ guardian.

(3)        Children of single-parent families will be released only upon the request of the custodial parent; i.e., the parent whom the court holds directly responsible for the child, and who is identified as such on the school record.

(4)        The parent or guardian removing the student before the end of the school day shall go to the school’s office and complete a log entry.

 

(b)        Additional precautions may be taken by the school administration, appropriate to the age of students, and as needs arise.

 

(c)        Parents/guardians have the obligation to advise and provide up-to-date documentation to the building principal regarding any change in the legal and/or physical custody of the student. The building principal, at all times, has the authority to investigate and confirm the custodial status of a parent/guardian if the principal has inadequate information or reason to suspect that false or incomplete information has been provided to the PSS.

 

(d)       Students shall not be permitted to answer any personal phone calls, except those from the parent/ guardian or other persons having legal custody of said pupils. Emergency messages will be delivered to the students.

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

§ 60-20-426   Truancy and Educational Neglect Procedures

 

(a)        Truancy

(1)        The principal upon receiving a report from a teacher that a student has accumulated two unexplained absence shall immediately provide counseling to the truant student and promptly issue a truancy report to the student’s parent/guardian with a copy provided to the Commissioner of Education. The report shall include recommendation(s) by the school prescribing corrective measures for parent/guardian and student. Any repeated truancy by the student shall be reported to the Division of Youth Services, Community and Cultural Affairs Offices for counseling and other necessary actions, and parent-teacher conferences may also be held.

(2)        The Division of Youth Services shall have access to student records with or without prior parent/guardian approval as stated in § 60-20-428. However, such privilege is limited only to the particular caseworker and/or counselor assigned to the case.

(3)        All communication with a student’s parent/guardian and student contact and reports from referral agencies must be accurately recorded in writing and filed in the student’s cumulative folder.

 

(b)        Educational Neglect

(1)        Commonwealth law requires that any parent, guardian or other person responsible for a child between the age of six and sixteen shall send the child to a public or nonpublic* unless the Commissioner of Education grants a waiver. 3 CMC § 1141.

(2)        Educational neglect may be defined as when a person who is responsible for a child six through sixteen who through willful or negligent act or omission fails to provide the child with adequate supervision to ensure attendance at school. Individuals who commit educational neglect are subject to criminal prosecution in accordance with the law.

(3)        School employees who suspect that a child is subject to educational neglect shall report this as soon as possible to the principal/designee.

(4)        The principal/designee shall review the report and confer with the parent/guardian to resolve the situation. When appropriate, a school counselor, social worker, or nurse may be instructed to offer any appropriate social or health services.

(5)        If appropriate school intervention does not correct the student’s truancy, and reasonable cause for educational neglect has been determined, the principal/ designee shall call the Division of Youth Services and report the alleged child educational neglect. A report of this call shall be forwarded to the Commissioner and carbon copied to PSS legal counsel.

 

*So in original.

 

Modified, 1 CMC § 3806(c), (e), (f).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 13 Com. Reg. 7541 (Jan. 15, 1991); Amdts Adopted 12 Com. Reg. 7438 (Oct. 15, 1990) (reserving proposed amendment for further consideration); Amdts Proposed 12 Com. Reg. 7205 (Aug. 15, 1990); Proposed 3 Com. Reg. 1254 (June 30, 1981).

 

Commission Comment: The 2001 amendments repealed former Board of Education policy 605, entitled “Truancy,” and replaced it with this section. See also the commission comment to § 60-20-001.

 

Subpart D -    Student Records

 

§ 60-20-428   Student Educational Records

 

(a)        Definitions

(1)        Permanent records shall include the following information:

(i)         The name and sex of the student as given in a legal document, such as a birth certificate, court order or official record of school previously attended.

(ii)        Any other name(s) by which the student may be identified.

(iii)       The student’s date of birth and the method of verification of the date of birth for the student.

(iv)       The name and address of the student’s parent/ guardian if the student is a minor.

(v)        The student’s primary language and ethnic background.

(vi)       A record of the entering and leaving dates for all school sessions previously attended by the student.

(vii)      A record of the instruction in which the student participated, and of the student’s rating or achievement in instruction (student progress report or equivalent).

(viii)     Test score records.

(ix)       Any specific health problem and verification of immunization.

(x)        Insurance company.

(xi)       Disciplinary records related to all suspensions and expulsions.

(xii)      Other pertinent educational information, including attendance.

(2)        Directory information means information contained in the education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. Directory information, under this section, includes, but is not limited to, the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous school attended.

(3)        Educational record means those records that are directly related to a student and are maintained by the PSS.

(4)        Disclosure means to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records, to any party, by any means, including oral, written or electronic means.

(5)        Eligible student means a student who has reached 18 years of age or attends an institution of post-secondary education.

(6)        Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent/guardian in the absence of a parent/guardian.

(7)        Personally identifiable information includes, but is not limited to the student’s name; the name of the student’s parent/guardian or other family member; the address of the student or student’s family; a personal identifier, such as the student’s social security number or student number; a list of personal characteristics that would make the student’s identity easily traceable, or other information that would make the student’s identity easily traceable.

(8)        Student means any individual who is or has been in attendance in the Commonwealth and about whom the PSS maintains education records.

 

(b)        General Guidelines

(1)        The PSS shall give full rights under this section to either parent/guardian of a student; unless the PSS is provided with a court order, state law or other legally binding document that specifically revokes the parent/ guardian’s rights to access under this section.

(2)        When a student reaches the age of 18, or attends a post-secondary institution of education the parent/ guardian rights under this policy will transfer from the parent/guardian to the student.

(3)(i)    The PSS will annually disseminate a notice of the rights available under this section to parent/guardian and eligible students. The annual notification will include a statement that the parent/guardian or eligible student is entitled:

(A)       To inspect and review the student’s educational records.

(B)       To request changes to the educational records to ensure that the records are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights.

(C)       To consent to disclosures of personally identifiable information contained in the student’s educational records, except to the extent that federal and state law authorize disclosure without such consent; and

(D)       To obtain a copy of this section and guidelines.

(ii)        The annual notification will also inform parent/ guardian and eligible students where copies of the section and guidelines are located.

(4)        Prior to making directory information public, the PSS will notify the parent/guardian regarding the categories of information that it has designated as directory. In addition, the PSS will allow a reasonable period of time after such notice for the parent/guardian or eligible student to inform the PSS that any or all of the designated directory information should not be released without the parents/guardians’ or eligible student’s consent.

(5)        Principal/designee of the school where access to student records is being requested shall provide a space or room for authorized agency or person requesting access to review records.

(6)        If necessary and requested by the student, parent or guardian, qualified personnel to interpret records will be made available.

 

(c)        Procedures for Inspection and Review of Educational Records

(1)        The PSS’s regulation permits parent/guardian and eligible students to inspect and review the education records of the student.

(2)        After a request for access to records, the PSS will allow access within a reasonable period of time, but in no case more than five days after receipt of the request. All requests for access should be directed to the building administrator.

(3)        After the parent/guardian or eligible student has had an opportunity to inspect and review the student’s education records, the parent/guardian may make a request for explanations and interpretations of the records to building administrator. The PSS’s designee shall respond to all reasonable requests for explanation or interpretation.

(4)        The PSS will not destroy any education record if there is an outstanding request to inspect and review that record.

(5)        The PSS may charge a fee for copies of education records that are made for a parent/guardian or eligible student, unless that fee would prevent a parent/guardian or eligible student from exercising their rights to inspect and review the student’s education records. The PSS will not charge a fee to search for or retrieve a student’s education records.

(6)        If a student’s education records contain information on more than one student, the parent/guardian or eligible student may inspect, review or be informed of only the specific information about that student.

 

(d)       Procedures Regarding Disclosure of Personally Identifiable Information Where Consent Is Required

(1)        Before the PSS discloses personally identifiable information from a student’s records (other than directory information), the PSS will obtain a signed and dated written consent from the parent/guardian or eligible student. The written consent will specify the records that may be disclosed; state the purpose of the disclosure; and identify the party or parties to whom disclosure may be made.

(2)        If the parent/guardian or eligible student so requests, the PSS will provide him/her with a copy of the records disclosed.

 

(e)        Disclosure of Personally Identifiable Information Where Consent Is Not Required

The PSS may disclose personally identifiable information from a student’s education records without the written consent of the parent/guardian or eligible student in the following circumstances:

(1)        Disclosure may be made to other school officials, including teachers, within the PSS whom the PSS has determined to have legitimate educational interests. The PSS designates the principal to make the determination as to whether a particular school official has a legitimate educational interest in accessing a student’s education records. Before making the determination, the principal shall consult with the PSS legal counsel. Before obtaining access any student’s education records, the school official seeking access must submit a written request to the principal. The request must include the student’s name, the reason for the request, the school official’s name and the date of the request. The PSS’s designee must provide in writing whether the request was granted or denied and the reason for the decision. If the request is granted, the request and the designee’s decision must be maintained with the student’s education records.

(2)        Disclosure may be made to officials of another school district or post secondary educational institution where the student seeks or intends to enroll.

(3)        Disclosure may be made to authorized federal and state agencies and authorities.

(4)        Disclosure of acts of school violence, as set forth in policy 2673, to PSS employees who are directly responsible for the student’s education or who interact with the student in the performance of the employee’s duties.

(5)        Disclosure to appropriate staff members of portions of any student’s individualized education program that is related to past or potentially future violent behavior.

(6)        Disclosure to law enforcement officials, as soon as is reasonably practicable of the commission of the criminal acts listed in policy 2673.

(7)        Disclosure to the appropriate division of the juvenile court of the suspension of more than ten days of any student under court jurisdiction.

(8)        Disclosure of discipline records within five days to any requesting school district where the student seeks to enroll.

(9)        Disclosure may be made if such disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility, amount of aid, condition for the aid, or to enforce the terms and conditions of the aid.

(10)      Disclosure may be made to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests; administer student aid programs; or improve instruction, if the study is conducted in a way that does not permit personal identification of parent/guardian and students, and the information is destroyed when no longer needed for the purposes for which the study was conducted.

(11)      Disclosure may be made to accrediting organizations to carry out their accrediting functions.

(12)      Disclosure may be made to comply with a judicial order or lawfully issued subpoena and only after the PSS makes a reasonable effort to notify the parent/guardian or eligible student of the order or subpoena in advance of the compliance.

(13)      Disclosure may be made where the disclosure is in connection with a health or safety emergency and the information is necessary to protect the health or safety of the student or other individuals.

(14)      Disclosure may be made where the disclosure is of information the PSS has designated to be directory information.

(15)      Disclosure may be made to the parent/guardian of a non-eligible student or to an eligible student.

(16)      Disclosure may be made without the written consent of the parent/guardian or eligible student as otherwise may be specified by federal or state law.

(17)      The PSS may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent/guardian or eligible student. Each party to whom disclosure may be made under this policy must first sign a statement in which he/she agrees to abide by this provision and agrees to use the information disclosed only for the purposes for which the disclosure was made. This does not apply to disclosures of directory information or to any information that the PSS is required to disclose.

 

(f)        The Division of Youth Services (DYS) Access to Student Records

Pursuant to 1 CMC § 2378 the Division of Youth Services (DYS) shall have recess to student records with or without the consent or authorization of the student’s parent/guardian if that student is a minor, or the consent of the student if that student is eighteen years of age or older. Provided however, that the DYS shall, in writing:

(1)        Demonstrate its interest in the student record.

(2)        Specify the particular record or information requested.

(3)        List the name or names of agency personnel authorized to have access to information being sought.

 

(g)        Procedures to Request Amendment of a Student’s Educational Records

(1)        If a parent/guardian or eligible student believes the education records for that student contain information that is inaccurate, misleading, or in violation of the student’s rights of privacy or other rights, he/she may ask the PSS to amend the record. All such requests should be directed to the building administrator.

(2)        The PSS’s designee, in consultation with the administration or Board of Education as needed, shall decide whether to amend the record as requested within a reasonable time after the request.

(3)        If the PSS’s designee decides not to amend the record, he/she shall inform the parent/guardian or eligible student of that decision and of their right to request a hearing.

(4)        If a hearing is requested, the PSS will hold the hearing within a reasonable time after it has received the request and will give the parent/guardian or eligible student reasonable advance notice of the date, time and place of the hearing. Any individual, including an employee of the PSS, who does not have a direct interest in the outcome of the hearing, may conduct the hearing. The PSS will give the parent/guardian or eligible student a full and fair opportunity to present evidence relevant to the issue(s) raised by the parent/guardian or eligible student’s request. The parent/guardian or eligible student may, at their own expense, be assisted or represented at the hearing by any individual of their choice, including an attorney.

(5)        The PSS will make its decision in writing within a reasonable period of time after the hearing. The decision will be based solely on the evidence presented at the hearing, and will include a statement of the evidence and the reasons for the decision.

(i)         If he PSS decides, as a result of the hearing, that the information is inaccurate, misleading or violates the student’s rights, the PSS shall amend the record and inform the parent/guardian or eligible student of the amendment in writing.

(ii)        If the PSS decides, as a result of the hearing, that the information is not inaccurate, misleading, or otherwise in violation of the student’s rights, the PSS shall inform the parent/guardian or eligible student of that decision and shall inform the parent/guardian or student of his/her right to place a statement in the record commenting on the contested information or stating why he/she disagrees with the PSS’s decision, or both. If the parent/guardian or eligible student submits such a statement, the PSS will maintain that statement with the student’s education records as long as the record is maintained and will disclose the statement whenever it discloses the portion of the record to which the statement relates.

 

(h)        Record Keeping Procedures

(1)        The PSS will maintain a record of each request for access to and each disclosure of personally identifiable information from the educational records of each student. The building administrator or designee will be responsible for keeping such records of requests and disclosures.

(2)        The PSS will maintain the record of each request and disclosure with the educational records of the student as long as the records are maintained by the PSS.

(3)        For each request or disclosure, the PSS’s record will include the parties who have requested or received personally identifiable information from educational records and the legitimate interests the parties had in requesting or obtaining the information.

(4)        If the PSS discloses personally identifiable information from an educational record under the exceptions enumerated in the earlier sections, the PSS will record the names of those persons to whom that party may disclose the information on behalf of the PSS and the legitimate interests which each of the additional parties has in requesting or obtaining the information.

 

Modified, 1 CMC § 3806(c), (d), (e), (f).

 

History: Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 13 Com. Reg. 7541 (Jan. 15, 1991); Amdts Adopted 12 Com. Reg. 7438 (Oct. 15, 1990) (reserving proposed amendment for further consideration); Amdts Proposed 12 Com. Reg. 7205 (Aug. 15, 1990); Proposed 3 Com. Reg. 1254 (June 30, 1981).

 

Commission Comment: The original paragraphs of subsection (b)(3) were not designated. The Commission designated subsections (b)(3)(i) and (b)(3)(ii).

 

A notice of adoption for the August 1998 amendments was never published. The 2001 amendments repealed former Board of Education policy 606, entitled “Student Records,” and replaced it with this section. The 2002 amendments amended subsection (c)(2) and readopted and republished this section in its entirety. See also the commission comment to § 60-20-001.

 

In subsections (e)(4) and (e)(6), the references to “policy 2673” are in error. The Board of Education has not published a “policy 2673” in the Commonwealth Register.

 

The following forms appeared after “Regulation 2420,” codified at § 60-20-424:

 

Form 2420 FERPA Educational Rights Annual Notification

 

To All PSS Parents:

 

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (eligible students) certain rights with respect to the student’s education records.

 

They are:

1. The right to inspect and review the student’s education records within 5 days of the day the PSS receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The principal will make arrangement for access and notify the parents or eligible students of the time and place where the records may be inspected.

 

2. The right to request the amendment of the student’s education records that the parents or eligible students believe are inaccurate or misleading. Parents or eligible students may ask the Public School System to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.

 

If the PSS decides not to amend the record as requested by the parent or eligible student, the PSS will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

 

3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

 

One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the PSS as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the PSS has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

 

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

 

Upon request, the PSS may disclose education records without consent to officials of another school district in which a student seeks or intends to enroll.

 

4. Upon request, parents are entitled to a copy of the complete Board policies and regulations regarding student records. Please contact the principal for a copy.

 

5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the PSS to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

 

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue S.W.

Washington, D.C. 20202-4605

 

***************************************************

RETURN TO BUILDING PRINCIPAL

 

I have received and read the annual notice of my rights and those of my child under the Family Educational Rights and Privacy Act (FERPA). Those rights are the:

 

Right to inspect.

Right to request amendment.

Right to prevent disclosures.

Right to complain to FERPA office.

Right to obtain a copy of the policy from the PSS.

 

____________________________               _______________

Parent/Guardian Signature                                Date

 

History: Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 20 Com. Reg. 15965 (June 15, 1998); Amdts Proposed 19 Com. Reg. 15423 (Aug. 15, 1997).

 

Commission Comment: The 1998 amendments added a new “policy 603,” entitled “FERPA Notification.” The 2001 amendments repealed former Board of Education policy 603 and replaced it with this form. The 2002 amendments amended number 1 and added a new number 4.

 

Form 2420.1 FERPA Notice of Designation of Directory Information

 

The CNMI Public School System has designated certain information contained in the education records of its students as directory information for purposes of the Family Educational Rights and Privacy Act (FERPA).

 

The following information regarding students is considered directory information: (1) name, (2) address, (3) telephone number, (4) date and place of birth, (5) major field of study, (6) participation in officially recognized activities and sports, (7) weight and height of members of athletic teams, (8) dates of attendance, (9) degrees and awards received, (10) most recent previous school attended by the student, (11) photograph.

 

Directory information may be disclosed by the Public School System for any purpose in its discretion without the consent of a parent of a student or an eligible student. Parents of students and eligible students have the right, however, to refuse to permit the designation of any or all of the above information as directory information. In that case, this information will not be disclosed except with the consent of a parent or student, or as otherwise allowed by FERPA.

 

Any parent or student refusing to have any or all of the designated directory information disclosed must file written notification to this effect with the principal of the school which the student attends.

 

In the event a notification of refusal is not filed, the Public School System assumes that neither a parent of a student or an eligible student objects to the release of the directory information designated.

 

History: Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Subpart E -    Student Academic Achievement

 

§ 60-20-430   Grade Placement for Transfer Students

 

(a)        All students entering the PSS from other educational settings are required to submit evidence of their achievement in the last grade attended, such as a copy of a transcript or report card. Grade placement of a student may be adjusted on the basis of examination of the student's previous record, achievement tests administered, or other factors, which the principal and staff believe are appropriate under the circumstances.

 

(b)        A student shall not be enrolled at any Public School System school without an official transcript or other official school verification of achievement from the previous school. However, a student may be permitted to enroll temporarily until an official record is obtained. A grace period of up to one month may be granted in the case of extenuating circumstances or unusual situations.

 

(c)        Transfer of Credits

(1)        Religious courses will be accepted for credit using the following guidelines:

(i)         No more than one (1) credit will be accepted as a transfer credit.

(ii)        Any religious credit transferred will be counted toward, and factored into the student's overall PSS grade point average (GPA).

(2)        Courses taken outside of the Public School System may be transferred which meet any of the following criteria:

(i)         It is an U.S. accredited institution;

(ii)        The institution’s primary language of instruction is English;

(iii)       The subject area coverage and time allotment are parallel to PSS; or

(iv)       Credit by examination may be used as appropriate.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 31 Com. Reg. 29986 (Dec. 22, 2009); Amdts Proposed 31 Com. Reg. 29888 (Sept. 28, 2009); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 13 Com. Reg. 7541 (Jan. 15, 1991); Amdts Adopted 12 Com. Reg. 7438 (Oct. 15, 1990) (reserving proposed amendment for further consideration); Amdts Proposed 12 Com. Reg. 7205 (Aug. 15, 1990).

 

Commission Comment: The 1991 amendments added “policy 412,” entitled “Transfer of Credits.” The notice of adoption for the 1991 amendments changed the proposed language of the policy. See 13 Com. Reg. at 7552 (Jan. 15, 1991). The 2001 amendments repealed former Board of Education policy 412 and replaced it with this section, entitled “Grade Placement for Transfer Students.”

 

§ 60-20-432   Promotion and Retention

 

(a)        Promotion

A student will be promoted to the next grade level when he/she satisfactorily completes the instructional curriculum in a particular grade. Satisfactory completion shall mean:

(1)        Elementary School

An elementary school student shall be promoted when he/she meets the minimum requirements as established by the Commonwealth standards and benchmarks as outlined in the policies and regulations regarding instruction and curriculum.

(2)        Secondary School

(i)         The promotion of a secondary school student will be determined based on the successful completion of the designated number of credits required to advance from grade to grade. The designated number of credits will be established at the start of the school year.

(ii)        Class standing for students in grades 9 through 12 shall be:

(A)       Freshman: 0 to 7 credits

(B)       Sophomore: 8 to 14 credits

(C)       Junior: 15 to 21 credits

(D)       Senior: 22 - up credits.

(3)        Special Education Students

The IEP team shall determine the promotion of special education students.

 

(b)        Retention

(1)        Any student not satisfying the above requirements shall be retained with two exceptions:

(i)         The Commissioner may waive the promotion requirements based on extenuating circumstances such as illness or other unavoidable circumstances.

(ii)        For students who have been retained at any time during their experience in the CNMI public school system, a child study team shall review the performance of the student to determine the appropriate placement.

(2)        When reviewing the retention of a student for the second time, the child study team shall consider the following factors:

(i)         Academic achievement in all subject areas, especially attainment of grade level objectives, as determined by tests, teacher assignment, and work samples.

(ii)        Chronological age.

(iii)       Study habits.

(iv)       Attendance.

(v)        Social and emotional maturity.

(3)        During the school year following any retention of a student, a child study team shall meet no less than two times to review the performance and progress of the student.

 

(c)        Notification

As soon as possible after it is determined that a student is not going to satisfactorily complete the instructional curriculum for that semester, the teacher and counselor shall notify the principal. The principal shall notify the parent/guardian and a meeting will be scheduled. The parent/guardian will be informed that the student is not meeting grade level expectations and will be referred to the child study team to determine the appropriate interventions.

 

(d)       Out of Grade Promotion

The principal in consultation with a teacher and counselor shall consider out of grade promotions only after the completion of the first semester of a school year. Out of grade promotions will be based on the following criteria:

(1)        A student must maintain between a 3.7 to a 4.0 GPA for the first semester of the year;

(2)        A student must take a U.S. standardized aptitude, achievement or subject area test and score in the 90th percentile of U.S. norm or local norm whichever is applicable; and

(3)        The teacher(s) from whom the student receives at least fifty percent of direct instruction shall recommend in writing an out of grade level promotion to the principal. The recommendation shall include a student observation report, periodic student class tests, initial language placement test results, and such other documents as requested by the principal.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 27 Com. Reg. 24774 (Aug. 22, 2005); Amdts Proposed 27 Com. Reg. 24615 (June 20, 2005); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 13 Com. Reg. 7666 (Mar. 15, 1991); Amdts Proposed 13 Com. Reg. 7518 (Jan. 15, 1991); Proposed 3 Com. Reg. 1254 (June 30, 1981).

 

Commission Comment: The original paragraphs of subsection (a) were not designated. The Commission designated subsections (a)(1) through (a)(3). The Commission also designated subsection (b)(3).

 

The 2001 amendments repealed former Board of Education policy 405, entitled “Assignment of Grades,” and replaced it with this section. The notice of adoption for the 2001 amendments changed the proposed language of subsections (a) and (b)(2). See also the commission comment to § 60-20-001.

 

The 2005 amendments added new subsection (a)(2)(ii) and repromulgated this section in its entirety.

 

In subsection (a)(2)(ii)(D), the Commission inserted the final period.

 

§ 60-20-434   Promotion and Graduation Requirements

 

(a) A student shall be promoted to the next higher grade level when he/she meets the minimum requirements as established by the Commonwealth Standards and Benchmarks as outlined in the policies and regulations regarding instruction and curriculum.

Subject

6th

7th

8th

English Language Arts

 

•English Language Arts in grades 6th, 7th & 8th grade integrate literature, informational text, foundation skills, writing, speaking & listening as outlined in the Common Core. The standards are similar from one grade to the next, but become more rigorous in terms of the tasks.

 

Language Arts 1

 

•Core Emphasis:

 

*The information is too large. Please hold Ctrl + Click to see the hyperlink.  

 

http://www.corestandards.org/ELA-Literacy/RL/6

Language Arts 2

 

•Core Emphasis:

 

*The information is too large. Please hold Ctrl + Click to see the hyperlink.  

 

http://www.corestandards.org/ELA-Literacy/RL/7

Language Arts 3

 

•Core Emphasis:

 

*The information is too large. Please hold Ctrl + Click to see the hyperlink.  

 

http://www.corestandards.org/ELA-Literacy/RL/8

Mathematics

 

•Mathematic standards in grade 6th, 7th & 8th in the Common Core are integrated. For example, there isn’t a distinction between Algebra and Pre-Algebra or Geometry. Rather, the standards address components of each umbrella progressively. With each grade, more concepts from different components of math are added and tasks that draw correlations between the components address the integration and rigor. 

 

 

Mathematics I

 

(1)   connecting ratio and rate to whole number multiplication and division and using concepts of ratio and rate to solve problems;

(2)   completing understanding of division of fractions and extending the notion of number to the system of rational numbers, which includes negative numbers;

(3)    writing, interpreting, and using expressions and equations; and

(4)   developing understanding of statistical thinking

Mathematics II

 

(1)   developing understanding of and applying proportional relationships;

(2)   developing understanding of operations with rational numbers and working with expressions and linear equations;

(3)   solving problems involving scale drawings and informal geometric constructions, and working with two- and three-dimensional shapes to solve problems involving area, surface area, and volume; and

(4)   drawing inferences about populations based on samples.

Mathematics III

 

(1)   developing understanding of and applying proportional relationships;

(2)   developing understanding of operations with rational numbers and working with expressions and linear equations;

(3)   solving problems involving scale drawings and informal geometric constructions, and working with two- and three-dimensional shapes to solve problems involving area, surface area, and volume; and

(4)   drawing inferences about populations based on samples.

Science

 

•Earth & Space, Life and Physical Sciences, and Engineering will be taught with increasing depth and sophistication in each grade level

Science I

 

(1)   Earth & Space Science: Earth systems; Weather & Climate; Human Impacts on the Environment

(2)   Life Science: Genetics; Growth, Develop & Reproduction of organisms

(3)   Physical Science: Energy; Waves & Electromagnetic Radiation

(4)   Engineering Design

 

Science II

 

(1)   Earth & Space Science: History of Earth; Earth systems; Human Impacts on the Environment

(2)   Life Science: Ecosystems

(3)   Physical Science: Matter; Chemical Reactions

(4)   Engineering Design

Science III

 

(1)   Earth & Space Science: History of Earth; Earth systems; Human Impacts on the Environment

(2)   Life Science: Genetics; Natural Selection

(3)   Physical Science: Forces & Interaction; Waves & Electromagnetic Radiation

(4)   Engineering Design

Social Studies

 

•The CNMI has local standard for Social Students. These standards regulate the course of student specific to each grade level. 

 

Pacific Regional History

 

Students will be explore the history of the pacific Oceania region and draw correlations to the significance of the CNMI. 

 

World History, Civilizations & Geography

 

World physical and cultural terms and geographic features and world chronological events and their relationships

Civics & Economics

Values and Principles of American Democracy and the nature and role of government and citizenship.

Foreign Language

 

*•In the both the

 

(1)   Communication - Interpersonal, Interpretive, and Presentational

(2)   Cultures - Practices and Perspectives, and Products and Perspectives

(3)   Connections - Knowledge of Other Disciplines and distinctive Viewpoints

(4)   Comparisons - Nature of Language and Culture

(5)   Family and Community - Beyond the School Setting and Life-long Learners

 

 

Chamorro/

Carolinian Language

Heritage Studies I

 

Linguistic Comparison: Compare word roots to determine word meaning and address cultural investigation as well as practice in speaking, listening, & writing in Chamorro or Carolinian. 

Chamorro/

Carolinian Language Heritage Studies II

 

Linguistic Comparison: Identify prefixes and suffixes to determine word meanings and identify and discuss less familiar cognates and sentence structure comparisons to improve language skills; additionally, student will continue to investigate Chamorro or Carolinian mores and continue practicing speaking, listening, and writing in either language. 

Chamorro/

Carolinian Language Heritage Studies III

 

Linguistic Comparison: Identify and discuss less familiar cognates and sentence and structure comparisons to improve language skills. Student will continue to discuss the cultural values and mores and practice reading, writing, and speaking in Chamorro or Carolinian. 

Physical & Health Education

(1 semester)

 

Student will explore movement, health and wellness, physical fitness, explore personal and social behaviors and interactions. The curriculum will address healthy lifestyles practices that address adolescent development.  

 

Physical & Health Education I

(1 semester)

 

Student will explore movement, health and wellness, physical fitness, explore personal and social behaviors and interactions. The curriculum will address healthy lifestyles practices that address adolescent development.  

 

Physical & Health Education II

(1 semester)

 

In order to continue to promote health and wellness student will continue to explore movement, health and wellness, physical fitness, explore personal and social behaviors and interactions. The curriculum will address healthy lifestyles practices that address adolescent development.  

 

Physical & Health Education III

(1 semester)

 

In order to continue to promote health and wellness, student will explore movement, health and wellness, physical fitness; explore personal and social behaviors and interactions. The curriculum will address healthy lifestyles practices that address adolescent development.  

 

Computer Literacy

(1 semester)

 

•In order to address the technology standards, the recommendation is to have student complete two years of course work in computer literacy to address the 6 technology standards. Additionally, the recommendation is to have student complete this course work prior to the 8th grade. 

 

 

Computer Literacy I

(1 semester)

 

•The essential goal of CNMI PSS Technology Plan is founded on improving student achievement through the use of technology. By the year 2015, every student in the CNMI PSS will achieve technology literacy by being able to use computers and other technology to improve learning, productivity, and performance across all content areas. The objective is to have 95% of 8th grade students meeting or exceeding standards for technology literacy.

 

Students will demonstrate developmentally appropriate technology operations and concepts, use of basic applications and tools, use of research tools, ability to use telecommunications, use of technology in problem solving and decision making skills, and knowledge of social, ethical, and human issues.

 

Computer Literacy II

(1 semester)

 

•The essential goal of CNMI PSS Technology Plan is founded on improving student achievement through the use of technology. By the year 2015, every student in the CNMI PSS will achieve technology literacy by being able to use computers and other technology to improve learning, productivity, and performance across all content areas. The objective is to have 95% of 8th grade students meeting or exceeding standards for technology literacy.

 

Students will demonstrate developmentally appropriate technology operations and concepts, use of basic applications and tools, use of research tools, ability to use telecommunications, use of technology in problem solving and decision making skills, and knowledge of social, ethical, and human issues.

 

Computer Literacy III

(1 semester)

 

•The essential goal of CNMI PSS Technology Plan is founded on improving student achievement through the use of technology. By the year 2015, every student in the CNMI PSS will achieve technology literacy by being able to use computers and other technology to improve learning, productivity, and performance across all content areas. The objective is to have 95% of 8th grade students meeting or exceeding standards for technology literacy.

 

Students will demonstrate developmentally appropriate technology operations and concepts, use of basic applications and tools, use of research tools, ability to use telecommunications, use of technology in problem solving and decision making skills, and knowledge of social, ethical, and human issues.

 

Career and Technical Education Program

(1 semester)

 

Students will explore career and workforce related subjects. Additionally, they will be given the opportunity to learn and apply successful professional and vocational practices.

Must complete 1 semester College and Career Technical Courses per year in either one of the following courses:

o   Leadership Corps

o   Family and Consumer Science

o   Architecture and Construction

o   Business Education

o   Introduction to College

o   Career Exploration

Fine Arts

(1 semester)

 

Student will be given an opportunity to explore the visual and performing arts, music, graphic design, and other artistic mediums where available. 

Must complete a 1 semester of Fine Arts per year in the either one of the following courses:

o   Performing Arts

o   Integrated Art

o   Music

o   Graphic Design

 

(b) Graduation Requirements for High School Level

 

A minimum of twenty-eight credits will be required for graduation from the 12th grade. Required subjects constitute twenty-three credits and are as follows:+

 

            English                                                                                    8 credits

            Integrated literature and composition 9th grade                    2

            Integrated literature and composition 10th grade                  2

            Technical research/business writing 11th grade                      1

            American literature 11th grade                                               1

            British literature 12th grade                                                    2

 

            Mathematics                                                                            6

            Algebra I, geometry, algebra II

            Social Studies                                                                         3

            NMI history, US/world history and

                        US government/economics

 

            Science                                                                                    3+

            Environmental science, biology, chemistry

 

            Physical Education                                                                 2++

            Language other than English                                                  1

 

            TOTAL                                                                                   23

 

+ The [2005] amendments to this subsection shall be effective for students entering ninth grade school year 2005-2006.

++ 1 credit of JROTC may be substituted for 1credit of physical education. 0.5 credits of the physical education credits must include a health course.

 

(c)        Residency Requirement

A student must have completed at least one semester immediately prior to obtaining a high school diploma. A student must be enrolled as a full-time student.

 

*So in original.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Amdts Adopted 36 Com. Reg. 035887 (Dec. 28, 2014); Amdts Proposed 32 Com. Reg. 35614 (Oct. 28, 2014);Amdts Adopted 27 Com. Reg. 25398 (Dec. 30, 2005); Amdts Proposed 27 Com. Reg. 25027 (Oct. 24, 2005); Amdts Adopted 27 Com. Reg. 24774 (Aug. 22, 2005); Amdts Proposed 27 Com. Reg. 24615 (June 20, 2005); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Proposed 20 Com. Reg. 15901 (June 15, 1998); Amdts Proposed 18 Com. Reg. 14484 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 12699 (Jan. 15, 1995); Amdts Adopted 13 Com. Reg. 7666 (Mar. 15, 1991); Amdts Proposed 13 Com. Reg. 7518 (Jan. 15, 1991); Amdts Adopted 11 Com. Reg. 6604 (Oct. 15, 1989); Amdts Proposed 11 Com. Reg. 6481 (Sept. 15, 1989); Amdts Proposed 11 Com. Reg. 6358 (Aug. 15, 1989); Amdts Adopted 8 Com. Reg. 4692 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4601 (Sept. 15, 1986); Amdts Adopted 5 Com. Reg. 2504 (Dec. 15. 1983); Amdts Proposed 5 Com. Reg. 2470 (Oct. 20, 1983).

 

Commission Comment: The 1983 amendments added a section entitled “Grade Level Assignment and Promotion,” without specifying a policy number. The 2001 amendments repealed former Board of Education policies 400-419 and 600-624, regarding the instructional program in the PSS and students. Although it is not clear whether the “Grade Level Assignment and Promotion” policy was specifically repealed, it is duplicative of and inconsistent with this section. The Commission, therefore, removed the policy from the PSS Rules and Regulations and cited it as history to this section.

 

The 1983 amendments also added a section entitled “Graduation Requirements” without specifying its place in the then-existing regulations. The 1986 amendments referred to this policy as “policy 408” and amended the original 1983 provisions. The 1989 amendments adopted a “Graduation Policy.” Although it did not specifically amend former policy 408, section A of the 1989 Graduation Policy, entitled “Graduation Requirements” duplicated and amended the provisions of former policy 408. The 1991 amendments readopted and republished policy 408 in its entirety.

 

Notices of adoption for the January 1995, November 1996 and June 1998 proposed amendments were never published.

 

The 2001 amendments repealed former Board of Education policy 408, entitled “Graduation,” and replaced it with subsections (a) and (b) of this section and § 60-20-436.

 

The December and August 2005 amendments amended subsections (a) and (b). The 2005 amendments did not address subsection (c) and, therefore, the Commission has retained this provision.

 

In December 2014, the Commission reformatted the table in this section, changed the word “9dentify” to “Identify” in column three of the table, and changed the word “Principals” to “Principles” in column four pursuant to 1 CMC § 3806(g). Because the notice and proposed language did not contain or address any subsections, the Commission did not retain any existing subsections and codified the section as proposed by the Board of Education.

 

In January 2016, upon receiving clarification concerning the December 2014 amendments, the Commission retained subsections (b) and (c) and applied the December 2014 amendments to subsection (a) only.

 

§ 60-20-436   Ceremonies and Awards

 

High school graduation ceremonies will be held at the end of each school year.

 

(a)        Valedictorian and the Salutatorian

During the graduation ceremony, two students who are school’s highest achievers shall deliver the valedictory and salutatory speeches. The Valedictorian shall have earned the highest grade point average at the school. The Salutatorian shall be the student with the second highest grade point average at the school. Both the Valedictorian and the Salutatorian must meet the following criteria:

(1)        The student must be enrolled for three complete school years in any public high school in the CNMI.

(2)        Students achieved the highest and second highest grade point averages in all courses for graduation as computed in percentages;

(3)        The students must not have taken a remedial course or repeated a course during the last three years of high school.

(4)        The students’ completed courses must include a minimum of fifty percent honor or AP courses in the core subject areas of language arts, math, science and social studies offered during the students enrollment with the high school unless such courses are not offered.

(5)        The students must not have had significant disciplinary problems as determined by the principal.

(6)        If either of the students with the highest grade point average do not qualify, the award shall go the student with the highest grade point average who meets the criteria.

 

(b)        High School Graduation Awards+

The following awards may be distributed during graduation. Any other awards will be distributed during special award ceremonies. The graduation awards may include:

(1)        The Board of Education Award shall go the Valedictorian.

(2)        The Commissioner’s Award shall go the Salutatorian.

(3)        The Presidential Academic Fitness Awards (PAFA) shall go to the student who meets the requirements as stipulated in the PAFA.

(4)        The Principal’s Award shall go to the student who meets the requirements as established by the principal.

(5)        The Educational Achievement/Top Ten Award shall go to the Valedictorian, the Salutatorian and the next eight students with the highest grade point averages as computed in percentage. These students must have attended any public high school for three years in the CNMI. Student who are in the top ten must not have taken remedial courses or repeated any course.

(6)        Honorable Mention shall go to the students who would have earned the Educational Achievement/Top Ten Award but have not met the school attendance requirement of three years shall be accorded honorable mention during the graduation ceremony and awards may be presented as appropriate.

 

(c)        Special Award Ceremonies+

Special award ceremonies may beheld to honor and recognize students who are eligible for any other awards. Special awards may include:

(1)        Department Awards

Department awards shall be presented to the two highest achievers for each academic department and the highest in each vocational education department in terms of grade point average as computed in percentage.

(2)        Outstanding Female Graduate (OFEGRA)

This award shall be presented to a graduating female student based on the criteria established by the Office of Women’s Affairs, the school principal, teachers and counselors, and concurred by the Board of Education.

(3)        School Leadership/Governor’s Award

This award shall be given to the graduating student who exhibits the highest leadership qualifies as determined by the principal, counselor and teaching staff.

(4)        Parents/Teachers Association Award

This awards shall be presented to graduating students who meet the criteria established by the PTA.

 

(d)       8th Grade Special Awards+

(1)        Board of Education’s and Commissioner’s Awards

These awards go to the two highest grade point average holders as computed in percentage, respectively. These students must be enrolled in a CNMI public school in the 7th and 8th grade. These students must not have taken any remedial courses or repeated any courses.

(2)        President Academic Fitness Awards (PAFA)

These awards are determined by the PAFA requirements.

(3)        Subject Awards

Students who maintained the highest grade point average in the respective subject areas as computed in percentage for the last two years, 7th and 8th grades.

(4)        School Leadership Award

A leadership award shall be presented to the student who exhibits leadership qualities as determined by the principal, counselor and teaching staff.

(5)        Honorable Mention

This recognition shall be given to those students who would have received the Board of Education or the Commissioner’s Award but who did not attend the respective school for both the 7th and 8th grade.

 

+Each school may establish additional written criteria for the selection of graduation and special awards recipients. Schools may refuse to offer awards to qualified students for disciplinary reasons.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Proposed 20 Com. Reg. 15901 (June 15, 1998); Amdts Proposed 18 Com. Reg. 14484 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 12699 (Jan. 15, 1995); Amdts Adopted 13 Com. Reg. 7666 (Mar. 15, 1991); Amdts Proposed 13 Com. Reg. 7518 (Jan. 15, 1991); Amdts Adopted 11 Com. Reg. 6604 (Oct. 15, 1989); Amdts Proposed 11 Com. Reg. 6481 (Sept. 15, 1989); Amdts Proposed 11 Com. Reg. 6358 (Aug. 15, 1989); Amdts Adopted 8 Com. Reg. 4692 (Oct. 22, 1986); Amdts Proposed 8 Com. Reg. 4601 (Sept. 15, 1986); Amdts Adopted 5 Com. Reg. 2504 (Dec. 15. 1983); Amdts Proposed 5 Com. Reg. 2470 (Oct. 20, 1983).

 

Commission Comment: The Commission designated subsections (a)(6).

 

The 1983 amendments added a policy entitled “Graduation Requirements” without specifying its place in the then-existing regulations. The 1986 amendments referred to this section as “policy 408” and amended the original 1983 provisions. The 1989 amendments adopted a “Graduation Policy.” Although it did not specifically amend former policy 408, section A of the 1989 Graduation Policy, entitled “Graduation Requirements” duplicated and amended the provisions of former policy 408. The 1991 amendments readopted and republished policy 408 in its entirety.

 

Notices of adoption for the January 1995, November 1996 and June 1998 proposed amendments were never published.

 

The 2001 amendments repealed former Board of Education policy 408, entitled “Graduation,” and replaced it with this section and § 60-20-434.

 

The 2002 amendments amended subsections (a)(2) and (a)(4) and readopted and republished this section in its entirety.

 

Subpart F -    Discipline

 

§ 60-20-438   Jurisdiction

 

(a)        The student discipline regulations apply in all situations in which students are involved, including, but not limited to:

(1)        School activities on property owned, rented, leased, or otherwise occupied by the CNMI Board of Education, Public School System (PSS), or Commonwealth government;

(2)        Travel on school buses or in school vehicles;

(3)        Off-site school sponsored activities;

(4)        On or off-site school-related problems which are the result or cause of disruptive behavior on school grounds; or

(5)        Violent acts or behavior that occur off school property, pose a threat to the safety of students and/or faculty, or disrupt the learning environment.

 

(b)        The fact that a student withdraws from PSS or transfers to another school after the alleged commission of a prohibited act shall not be construed to deprive PSS of jurisdiction to suspend or expel the student.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective for 120 days from November 13, 1995).

 

Commission Comment: The 1996 amendments adopted a new policy 609, entitled “Student Disciplinary Code,” and rescinded and replaced former policies 609, entitled “Daily Operational Discipline Guidelines,” and 610, entitled “Student Suspension and Expulsion.” See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the 1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not determine the promulgated policy to which “policy 617” refers.

 

A notice of adoption for the August 1998 proposed amendments was never published.

 

The 2000 amendments readopted and republished “policy 609,” entitled “Student Discipline,” in its entirety with numerous amendments. The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

The history of former policy 609, entitled “Daily Operational Discipline Guidelines” is as follows: Amdts Adopted 14 Com. Reg. 9285 (May 26, 1992); Amdts Proposed 13 Com. Reg. 8164 (Oct. 15, 1991).

 

§ 60-20-440   Day to Day Discipline

 

Principals and appropriate personnel are specifically authorized by this policy to impose or recommend day to day discipline including, but not limited to, in-house detention, parent conferences, counseling sessions, campus clean up, community service, required apologies, behavioral intervention plans, and any reasonable creative disciplinary measures.

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

§ 60-20-442   Detention

 

(a)        The provisions of a detention program for student violations of policies, rules and regulations shall provide principals with an additional alternative for dealing with disciplinary problems that occur in the schools. Detention is an assigned before-school and/or after-school period, during which student activity is closely monitored and severely restricted. Students are expected to be quiet during the entire detention period and to work exclusively on assigned tasks.

 

(b)        School administrators and certified personnel detain students after normal school hours for a reasonable time provided the following conditions are observed:

(1)        Students must have an opportunity to make arrangements for transportation home. Therefore, the detention may take place on any day after the day of notification to detain.

(2)        The detention may be for disciplinary or academic reasons.

(3)        The names of all students detained must be reported to the building principal.

(4)        A certified staff member must supervise all students detained.

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

§ 60-20-444   In-school Suspension

 

In-school suspension is a structured disciplinary action in which a student is isolated or removed from regular classroom activities, but is not dismissed from the school setting. The principal/designee may assign students to the in-school suspension program for a reasonable and specified period of time.

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

§ 60-20-446   Offense Categories

 

The offense categories set out in this section are intended to be illustrative but not an exclusive listing of acts of misconduct and the consequences for each. Misconduct that is not specifically listed in this section may be deemed to warrant discipline up to and including expulsion following provision of all due process procedures. In addition, the disciplinary consequence listed for each offense may be increased or decreased by the administration or the Board due to mitigating or aggravating circumstances.

 

(a)        Category I - Examples of offenses which may result in suspension:

(1)        Academic dishonesty (cheating on tests, copying term papers, forging signature of teacher or parent)

(2)        Disrespect to teacher/staff

(3)        Failure to report to office when directed to do so

(4)        Gambling

(5)        Harassment, including, but not limited to, nuisance phone calls to students or staff members; continued comments or passing unofficial notes to another individual who wishes not to hear or receive the notes

(6)        Igniting matches (when not part of the instructional program)

(7)        Lack of required immunization

(8)        Leaving school grounds without prior permission

(9)        Personal health reasons (when one’s state of health threatens the health of others as in the case of communicable disease)

(10)      Refusing to cooperate with school transportation regulations

(11)      Refusing to cooperate with school rules and regulations

(12)      Refusing to do assigned work

(13)      Refusing to serve detention

(14)      Tardiness (class/classes)

(15)      Tardiness (school day)

(16)      Truancy (class/classes)

(17)      Truancy (school day)

(18)      Unauthorized sale or distribution, not otherwise described, including, but not limited to, the sale of football pools and the sale of items in school not related to the school’s operation or school fundraising activities.

(19)      Possession and/or use of tobacco or cigarette rolling papers

(20)      Possession and/or use of betel nut (pugua) or betel nut related paraphernalia

(21)      Using foul or abusive language

(22)      Verbal assault on student

(23)      Possession of pornography.

 

(b)        Category II - Examples of offenses for which the student will normally be suspended and which may result in expulsion and referral to law enforcement:

(1)        Assault on student from another school

(2)        Assault on a student from same school

(3)        Chronic disruption of the school program and/or activities

(4)        Deprivation through intimidation of another individual’s right to attend school or classes

(5)        Destruction and vandalism of school property, personal property of students and/or faculty

(6)        Receipt, sale, possession, or distribution of property stolen from CNMI Public School System valued less than $300

(7)        Disruptive behavior which results in the interference with the normal school program

(8)        Distribution, attempt to distribute, or possession with intent to distribute a non-controlled substance upon the representation that the substance is a controlled substance

(9)        Extortion less than $300

(10)      Failure to assume responsibility for, or to control his/her behavior

(11)      False fire alarm/false fire report

(12)      Harassment for any reason including, but not limited to, sex, sexual orientation, color, race, religion, national origin and disability

(13)      Indecent exposure (frontal or buttocks)

(14)      Insubordination (constant or continuing intentional refusal to obey a direct or implied order, reasonable in nature, from a school administrator, teacher, or other school personnel)

(15)      Participating in, or inciting a school disruption

(16)      Possession and/or detonation of an incendiary or explosive material and/or device (firecracker or greater)

(17)      Possession and/or use of a portable pager (beeper) without prior and written approval from school principal

(18)      Possession and/or use of a portable telephone without prior and written approval from school principal

(19)      Possession of a pocket knife or possession of objects that may be considered weapons under category III(j) but are in the student’s possession for genuine instructional proposes, (i.e. kitchen knives and exacto knives) without prior approval and under conditions set by the school principal

(20)      Possession of a look-alike weapon of any kind

(21)      Possession, use or distribution of controlled substance-related paraphernalia (other than betel nut or cigarette rolling papers (see category I))

(22)      Purchase of a non-controlled substance that has been represented to be a controlled substance, excluding betel nut

(23)      Theft and/or knowingly possessing stolen property

(24)      Trespassing on school property

(25)      Possession and/or use of tobacco or cigarette rolling paper, repeated offense

(26)      Possession and/or use of betel nut (pugua) and or betel nut-paraphernalia, repeated offense

(27)      Fighting

(28)      Conspiracy involving two or more persons to commit a category II offense

(29)      Arson

(30)      Assault on a PSS staff member

(31)      Striking a staff member intervening in a fight or other disruptive activity (intentional or unintentional)

(32)      Bomb threat

(33)      Conspiracy between two or more persons to commit a category III offense

(34)      Destruction and/or vandalism of school property, personal property of students and/or faculty valued at more than $300

(35)      Receiving, selling, possessing or distributing property stolen from the CNMI Public School System valued at $300 or more

(36)      Distribution and/or sale of alcohol

(37)      Distribution and or sale of controlled substances (illegal drugs), excluding betel nut

(38)      Possession or use of a real weapon of any kind (other than a firearm) including, but not be* limited to, a switchblade knife, hunting knife, throwing star, straight razor, nunchaku, spiked glove, spiked wristband, or any mace, tear gas, or pepper-spray derivative. Mace, tear gas, and pepper-spray derivatives may be carried with prior, written approval from the Commissioner of Education

(39)      Extortion of $300 or more

(40)      Possession of alcohol

(41)      Possession of controlled substance (illegal drugs), excluding betel nut

(42)      Prescription violation (misuse of properly prescribed medicine including, but not limited to, such drugs as amphetamines and barbiturates)

(43)      Robbery

(44)      Use of a controlled substance (illegal drugs), excluding betel nut. Being under the influence of a controlled substance, or showing evidence or having used a controlled substance, excluding betel nut

(45)      Use of a look alike weapon of any kind

(46)      Use of alcohol, under the influence of alcohol, or showing evidence of having consumed alcohol

(47)      Use of intoxicants which cause a loss of self-control or inebriation which include, but are not limited to, glue and solvents, excluding betel nut

(48)      Violent behavior which creates a substantial danger to persons or property

(49)      Fighting, repeated offense

(50)      Any crime that is designated a felony by CNMI or federal statutes.

 

*So in original.

 

(c)        Category III - Offenses which shall result in expulsion and referral to law enforcement

(1)        Possession, use, purchase, or sale of a firearm.

(i)         A firearm is defined as:

(A)       Any weapon which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive;

(B)       The frame or receiver of any weapon which will, or is designed to or may be readily converted to expel a projectile by the action of an explosive;*

 

*So in original; see the commission comment to this section.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective for 120 days from November 13, 1995).

 

Commission Comment: The 1996 amendments adopted a new policy 609, entitled “Student Disciplinary Code,” and rescinded and replaced former policies 609, entitled “Daily Operational Discipline Guidelines,” and 610, entitled “Student Suspension and Expulsion.” See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the 1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not determine the promulgated policy to which “policy 617” refers.

 

A notice of adoption for the August 1998 proposed amendments was never published.

 

The 2000 amendments readopted and republished “policy 609,” entitled “Student Discipline,” in its entirety with numerous amendments. The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

The publication of the 2001 amendments omitted a page of the regulations containing the end of “regulation 2505,” entitled “Offense Categories” and the beginning of “regulation 2506,” entitled “Suspension.” See 23 Com. Reg. at 18020-21 (June 19, 2001). The missing language of subsection (c) is as follows:

 

(C)  Any firearm muffler or firearm silencer;

(D)  Any explosive, incendiary, or poison gas, bomb, grenade, propellant with a charge of more than four ounces, missile having an explosive or incendiary charge of more than one quarter ounce, mine, or similar device;

(E)   Any weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter;

(F)   Any combination of parts either designed or untended for use in converting any destructive device described in the subsection (c)(1)(i)(D) and (E) above, and from which a destructive device may be readily assembled.

(ii)   A firearm is not:

(A)  Class C common fireworks;

(B)  Any device which is neither designed nor redesigned for use as a weapon; and

(C)  Any device, although originally designed for use as a weapon, which is redesigned for use as a signaling pyrotechnic, line-throwing, safety, or similar device.

(2)   Conspiracy between two or more persons to commit a category III offense.

 

See 22 Com. Reg. at 17271-72 (June 20, 2000).

 

In subsections (a)(23) and (b)(50), the Commission inserted the final periods. In subsection (b)(21), the Commission inserted the final closing parenthesis.

 

§ 60-20-448   Suspension

 

(a)        [Reserved.]

 

(b)        [Reserved.]

 

(c)        [Reserved.]

 

(d)       [Reserved.]

 

(e)        When a student is suspended, the principal/designee shall attempt to reach the student’s parent/guardian to inform them of the school’s action and to request that they come to school for the student. If the parent/ guardian is unable to come for the student, the principal/designee may ask the parent/guardian for permission to send the student home. If the parent/guardian cannot be reached or if the above request is refused, the student must remain on school property until the close of the school day.

 

(f)        The student’s parent or guardian shall also be notified, in writing, on the day the suspension decision is made of the reason(s) for the suspension and the right of the student or parent or guardian to appeal the suspension to the Commissioner of Education within ten calendar days of the notification. Copies of all notifications shall be sent to the Commissioner of Education and the PSS legal counsel.

 

(g)        The appeal procedures for suspensions of less than ten days are described in section (h) of this section (below). The appeal procedures for suspensions of ten days or more are described in § 60-20-452.

 

(h)        If the parent and/or student wishes to appeal a suspension of ten days or less, the Commissioner of Education or a designee who shall be someone other than a principal, administrator or teacher in the suspended student’s school, shall meet with the student and/or the parent or guardian to discuss the suspension. If the Commissioner of Education or designee finds that the student was suspended unfairly or unjustly, or that the suspension was inappropriate given the nature of the alleged offense, or that the student suffered undue consequences or penalties, the suspension may be overturned and any reference to the suspension in school records will be expunged. Such findings shall be made in writing within ten school days of the conference.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective for 120 days from November 13, 1995).

 

Commission Comment: The 1996 amendments adopted a new policy 609, entitled “Student Disciplinary Code,” and rescinded and replaced former policies 609, entitled “Daily Operational Discipline Guidelines,” and 610, entitled “Student Suspension and Expulsion.” See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the 1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not determine the promulgated policy to which “policy 617” refers.

 

A notice of adoption for the August 1998 proposed amendments was never published.

 

The 2000 amendments readopted and republished “policy 609,” entitled “Student Discipline,” in its entirety with numerous amendments. The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

The publication of the 2001 amendments omitted a page of the regulations containing the end of “regulation 2505,” entitled “Offense Categories” and the beginning of “regulation 2506,” entitled “Suspension.” See 23 Com. Reg. at 18020-21 (June 19, 2001). The Commission reserved subsections (a) through (d) so that the error can be corrected.

 

In subsection (g), the original cross-reference to subsection (e) was incorrect. See 23 Com. Reg. at 18021 (June 19, 2001). The Commission changed the cross-reference to “subsection (h)” to correct a manifest error.

 

The history of former policy 610, entitled “Student Suspension and Expulsion” is as follows: Amdts Proposed 17 Com. Reg. 13505 (June 15, 1995); Amdts Proposed 17 Com. Reg. 13008 (Mar. 15, 1995); Amdts Adopted 14 Com. Reg. 9285 (May 26, 1992); Amdts Proposed 13 Com. Reg. 8164 (Oct. 15, 1991); Amdts Adopted 13 Com. Reg. 7541 (Jan. 15, 1991); Amdts Adopted 12 Com. Reg. 7438 (Oct. 15, 1990) (reserving proposed amendment for further consideration); Amdts Proposed 12 Com. Reg. 7205 (Aug. 15, 1990); Proposed 3 Com. Reg. 1254 (June 30, 1981).

 

§ 60-20-450   Expulsion

 

(a)        Expulsion is permanent exclusion from public school attendance, school activities and school property. Expulsion shall be used only in severe cases, or where other means of corrective disciplinary action have failed, or where no other reasonable alternatives are available. An expulsion may be recommended if the student persistently engages in conduct that warrants suspension, or if the student by means of a single action evidences behavior that is serious enough to warrant removal to protect the rights or safety of others.

 

(b)        Only the Commissioner of Education may expel a student. The principal recommending expulsion shall prepare written documentation in justification of such action.

 

(c)        The Commissioner of Education reserves the right to exclude students for other than disciplinary reasons if the expulsion is deemed in the best interest of the student or the operation of the school (i.e. student with a contagious health problem).

 

(d)       In the event of criminal conduct or other serious action committed by a student, the Commissioner of Education may expel the student immediately and for an unlimited period with a hearing to be held in accordance with § 60-20-452.

 

(e)        Prior to any expulsion ordered by the Commissioner of Education, the student shall be advised by the principal or his designee of the specific conduct resulting in the action, the student shall be given the opportunity to explain his or her version of the facts surrounding the alleged misconduct and the student shall be advised of the applicable hearing procedures.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective for 120 days from November 13, 1995).

 

Commission Comment: The 1996 amendments adopted a new policy 609, entitled “Student Disciplinary Code,” and rescinded and replaced former policies 609, entitled “Daily Operational Discipline Guidelines,” and 610, entitled “Student Suspension and Expulsion.” See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the 1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not determine the promulgated policy to which “policy 617” refers.

 

A notice of adoption for the August 1998 proposed amendments was never published.

 

The 2000 amendments readopted and republished “policy 609,” entitled “Student Discipline,” in its entirety with numerous amendments. The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

§ 60-20-452   Hearing Procedures

 

(a)        A due process hearing will be held if requested by the student parent/guardian for suspensions of more than ten days and expulsions. The hearing will be closed unless the student, parent/guardian or others having custodial care requests an open hearing.

 

(b)        Upon a determination by the principal or the Commissioner of Education that a suspension of more than ten days or an expulsion is necessary, the student and his/her parents or guardians must be sent on the same day the suspension or expulsion recommendation is made, a copy of PSS’s student disciplinary policy and written notice of the following:

(1)        The Public School System’s intent to suspend the student for more than ten days or to expel the student;

(2)        The charges that necessitate the suspension or expulsion;

(3)        That a full and fair hearing will be held before an impartial adjudicator if requested, in writing, within ten days of notification; and

(4)        Failure to request a hearing, in writing, within ten school days after being notified of the Public School System’s intention to suspend or expel the student shall constitute a waiver of the right to a hearing.

 

(c)        In the event that a hearing is requested, the student may not be suspended for more than ten consecutive school days before the hearing is held and written notice of the following will be sent to the parents or guardian of the student:

(1)        The place, date and time of the proposed hearing (allowing sufficient time for a defense to be prepared);

(2)        The student’s right to legal counsel at his/her own expense;

(3)        That the student will be given the opportunity to present evidence at the hearing including the testimony of witnesses;

(4)        That the student will be given the opportunity to cross-examine opposing witnesses at the hearing; and

(5)        The availability of a written record of the hearing. This section shall not be construed to prohibit the use of a recording device to record the hearing.

 

(d)       Within ten school days, if practicable, after a hearing is requested in writing, the hearing shall be held. The hearing shall be an informal proceeding where relaxed evidence rules will apply.

 

(e)        The Commissioner of Education or his/her designee shall preside and ensure that all of the aforementioned rights are afforded the student.

 

(f)        If, based on the evidence presented at the hearing, the Commissioner of Education or his/her designee finds that the student has committed an act which warrants disciplinary action, he or she may order any appropriate disciplinary action, including, but not limited to, suspension or expulsion.

 

(g)        When determining whether the disciplinary action and/or the length of suspension/expulsion is appropriate, the Commissioner of Education or his/her designee may consider the severity of the offense, prior disciplinary actions taken against the student by the Public School System and any other prior bad acts of the student.

 

(h)        Within ten school days after the conclusion of the hearing, the Commissioner of Education or his/her designee shall inform the student, parent or guardian of his/her decision. The decision must be in the form of a final, written opinion regarding whether or not any disciplinary action, such as expulsion or suspension, is warranted.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective for 120 days from November 13, 1995).

 

Commission Comment: The 1996 amendments adopted a new policy 609, entitled “Student Disciplinary Code,” and rescinded and replaced former policies 609, entitled “Daily Operational Discipline Guidelines,” and 610, entitled “Student Suspension and Expulsion.” See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the 1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not determine the promulgated policy to which “policy 617” refers.

 

A notice of adoption for the August 1998 proposed amendments was never published.

 

The 2000 amendments readopted and republished “policy 609,” entitled “Student Discipline,” in its entirety with numerous amendments. The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

§ 60-20-454   Appeal to the Board of Education

 

(a)        The student and/or his or her parent or guardian shall have the right to appeal to the Commissioner of Education’s or his/her designee’s decision regarding a suspension of more than ten days or an expulsion to the Board of Education.

 

(b)        The Board of Education must be notified, in writing, of the student’s and/or parent or guardian’s desire to appeal within ten school days from the date the student, parent or guardian was informed of the disciplinary decision.

 

(c)        Once a disciplinary decision is appealed, the Board shall meet to review the decision within thirty calendar days of when the written notice of the appeal is received by the Board.

 

(d)       The disciplinary decision of the Commissioner of Education or his/her designee shall remain in effect until the Board issues its own decision.

 

(e)        The Board’s decision on appeal shall be based solely on the record developed at the expulsion or suspension hearing and the Commissioner of Education or designee’s written opinion. The Board shall review the suspension or expulsion solely on the record of the hearing and decision of the Commissioner of Education or his/her designee. The Board shall receive no new evidence.

 

(f)        At the hearing the sole issue for the Board to determine is whether the Commissioner of Education’s or his/her designee’s decision to suspend or expel the student constitutes an abuse of authority. The Board of Education shall render its decision by a majority vote of those members in attendance.

 

(g)        The Board does not have the authority to modify the Commissioner of Education’s or his/her designee’s expulsion decision. In such cases, the Board may either uphold the Commissioner of Education’s decision, overturn it completely, or overturn it and order that a new hearing be conducted in compliance with their order.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective for 120 days from November 13, 1995).

 

Commission Comment: The 1996 amendments adopted a new policy 609, entitled “Student Disciplinary Code,” and rescinded and replaced former policies 609, entitled “Daily Operational Discipline Guidelines,” and 610, entitled “Student Suspension and Expulsion.” See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the 1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not determine the promulgated policy to which “policy 617” refers.

 

A notice of adoption for the August 1998 proposed amendments was never published.

 

The 2000 amendments readopted and republished “policy 609,” entitled “Student Discipline,” in its entirety with numerous amendments. The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

§ 60-20-456   Discipline of Students with Disabilities

 

(a)        The obligation and the responsibility to attend school regularly and to comply with the Board’s discipline policies applies to all students. When appropriate, the PSS may discipline a student with a disability who is eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) in a manner that is consistent with the IDEA law and regulations and PSS policies, including the special education procedural manual, and applicable law.

 

(b)        A special education student will be provided a free appropriate public education consistent with the IDEA if the student has been removed from school for more than ten school days in a school year. If a special education student is removed ten cumulative school days or less, special educational services will be provided only if such services are provided to students without disabilities who have been similarly removed.

 

(c)        Please refer to applicable law and special education procedural manual.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 29 Com. Reg. 26433 (Feb. 15, 2007); Amdts Proposed 28 Com. Reg. 26217 (Oct. 30, 2006); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective for 120 days from November 13, 1995).

 

Commission Comment: The Commission designated the paragraphs in this section, which were not designated in the original.

 

The 1996 amendments adopted a new policy 609, entitled “Student Disciplinary Code,” and rescinded and replaced former policies 609, entitled “Daily Operational Discipline Guidelines,” and 610, entitled “Student Suspension and Expulsion.” See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the 1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not determine the promulgated policy to which “policy 617” refers.

 

A notice of adoption for the August 1998 proposed amendments was never published.

 

The 2000 amendments readopted and republished “policy 609,” entitled “Student Discipline,” in its entirety with numerous amendments. The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

In February 2007, the Public School System promulgated “Policy 2610” as set forth in this section and repealed “Regulation 2610” formerly codified in this section. The original sentence constituting subsection (c) was next to the instruction to repeal this section. 28 Com. Reg. 26226 (Oct. 30, 2006). The Commission designated subsection (c), which was not designated in the original.

 

§ 60-20-458   Enrollment or Return Following Suspension and/or Expulsion

 

(a)(1)   No student shall be readmitted, or permitted to enroll or otherwise attend school (except as may otherwise be required by law), following a suspension or expulsion from any school until the PSS has conducted a conference to review the conduct that resulted in the expulsion or suspension, and any remedial actions needed to prevent any future occurrences of such or related conduct.

(2)        Participants in such pre-admission conferences will include:

(i)         Any teacher directly involved in the suspension offense.

(ii)        The student

(iii)       The parent/guardian.

(iv)       The representative of any agency having legal jurisdiction, care, custody, or control of the student.

(v)        PSS staff members designated by the Commissioner/ designee

 

(b)        The PSS shall notify in writing the parent/guardian and all other parties of the time, place, and agenda of any such conference. However, failure of any party to attend this conference shall not preclude holding the conference.

 

(c)        Notwithstanding any provision of this chapter to the contrary, no student shall be readmitted or enrolled in a regular program of instruction if:

(1)        The student has been convicted of one of the offenses listed below.

(2)        The student been charged with one of the offenses and there has been no final judgment.

(3)        A juvenile petition has been filed alleging that the student committed an act, which if committed by an adult, would be one of the offenses listed below, and there has been no final judgment; or

(4)        The student has been adjudicated to have committed an act, which if committed by an adult, would be one of the offenses listed below.

 

(d)       Offenses to which subsection (c) applies

(1)        First degree murder under the laws of the CNMI

(2)        Second degree murder under the laws of the CNMI

(3)        First degree assault under the laws of the CNMI

(4)        Forcible rape under the laws of the CNMI

(5)        Forcible sodomy under the laws of the CNMI

(6)        Robbery in the first degree under the laws of the CNMI

(7)        Distribution of drugs to a minor under the laws of the CNMI

(8)        Arson under the laws of the CNMI

(9)        Kidnapping under the laws of the CNMI.

 

(e)(1)   Nothing in this section shall be construed to prevent the PSS from imposing discipline under its regulations for conduct underlying the above-listed offenses, even if the adult charge or juvenile charge has been dismissed, or the student has been acquitted or adjudicated not to have committed such acts in a criminal or juvenile court - if by a preponderance of the evidence, it can be established that the student engaged in the underlying conduct. The PSS may enroll a student otherwise excluded under this section, in an alternative education program if the PSS determines that such enrollment is appropriate.

(2)        Student denied enrollment because of conviction of one of the acts set out in this section or due to an existing suspension or expulsion from another school will be advised of the reasons for denial of enrollment and will be given an opportunity to respond to those reasons.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The original paragraphs of subsections (a) and (e) were not designated. The Commission designated subsections (a)(1) and (a)(2) and (e)(1) and (e)(2).

 

In the opening paragraph of subsection (c), the Commission replaced the final period with a colon to correct a manifest error. In subsection (d)(9), the Commission inserted the final period.

 

§ 60-20-460   Closed Campus

 

(a)        Students may not leave school grounds from the time of their arrival until the time they leave at the end of the day unless they have written permission from a parent/ guardian, a signed liability waiver form suitable to the Commissioner and the permission of the principal/ designee.

 

(b)        “Parent/guardian” shall mean the person designated as such in the student’s school registration materials.

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 60-20-462   Student Vehicle Use

 

Building principals have the authority to regulate student use of automobiles at school. Use of school property for student parking purposes is a privilege that may be denied due to violation of PSS regulations and school policies. Student vehicles parked on PSS property are subject to search by school officials where there is reason to believe a vehicle contains materials prohibited by PSS regulations.

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

§ 60-20-464   Student Attire and Appearance

 

(a)        It is the responsibility of the Board to ensure that every student has a safe environment in which to learn. Attire worn by students that, in the opinion of the school administration, causes distraction or inhibits learning is forbidden.

 

(b)        Attire which is prohibited by the Board includes but is not limited to the following:

(1)        Attire and appearance that promotes gang affiliations;

(2)        Attire and appearance which promotes the use of drugs, alcohol or weapons;

(3)        Attire and appearance that presents a hazard to the student’s safety or the safety of other students or staff;

(4)        Attire and appearance which advocates prejudice;

(5)        Attire and appearance that causes a material and substantial disruption of the learning process;

(6)        Provocative clothing which draws undue attention to themselves, thus disrupting the educational process.

 

(c)        The definition of attire and appearance should be construed liberally to include items such as bookbags, book-covers, sports-related articles, hats, lunch-boxes, and other similar items that students may bring to school.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 22 Com. Reg. 17361 (Aug. 18, 2000); Amdts Proposed 22 Com. Reg. 17257 (June 20, 2000); Amdts Proposed 20 Com. Reg. 16083 (Aug. 15, 1998); Amdts Adopted 18 Com. Reg. 14668 (Nov. 15, 1996); Amdts Proposed 17 Com. Reg. 13767 (Nov. 15, 1995); Amdts Emergency 17 Com. Reg. 13754 (Nov. 15, 1995) (effective for 120 days from November 13, 1995).

 

Commission Comment: In subsection (b)(5), the Commission replaced the final period with a semi-colon to make the punctuation consistent.

 

The 1996 amendments adopted a new policy 609, entitled “Student Disciplinary Code,” and rescinded and replaced former policies 609, entitled “Daily Operational Discipline Guidelines,” and 610, entitled “Student Suspension and Expulsion.” See 18 Com. Reg. at 14668 (Nov. 15, 1996). The notice of adoption for the 1996 amendments also stated that former policy 617 was rescinded and replaced. The Commission could not determine the promulgated policy to which “policy 617” refers.

 

A notice of adoption for the August 1998 proposed amendments was never published.

 

The 2000 amendments readopted and republished “policy 609,” entitled “Student Discipline,” in its entirety with numerous amendments. The 2001 amendments repealed former Board of Education policy 609, entitled “Student Discipline,” and replaced it with the sections in subpart F.

 

The Board of Education had previously proposed a dress code at 17 Com. Reg. 13653 (Aug. 16, 1995).

 

§ 60-20-466   Student Participation in Secret Organizations and Gangs

 

(a)        The Board of Education prohibits membership in secret fraternities or sororities, or in other clubs or gangs not sponsored by established agencies or organizations recognized by the PSS. The Board feels that the presence of gangs and gang activities can cause a substantial disruption of or material interference with school and school activities.

 

(b)        A “gang” as defined in this section is any group of two or more persons whose purposes include the commission of illegal acts. By this policy, the Board acts to prohibit existence of gangs and gang activities as follows.

 

(c)        No student on or about school property or at any school activity:

(1)        Shall wear, possess, use, distribute, display, or sell any clothing, jewelry, emblem, badge, symbol, sign, or other things, which are evidence of membership or affiliation in any gang.

(2)        Shall commit any act or omission or use any speech either verbal or nonverbal (gestures, handshakes, etc.) showing membership or affiliation in a gang.

(3)        Shall use any speech or commit any act or omission in furtherance of the interests of any gang or gang activity, including but not limited to:

(i)         Soliciting others for membership in any gangs.

(ii)        Requesting any person to pay protection or otherwise intimidating or threatening any person.

(iii)       Committing any other illegal act or other violation of school PSS policies.

(iv)       Inciting other students to act with physical violence upon any other person.

 

(d)       The principal will establish procedures and regulations to ensure that any student wearing, carrying or displaying gang paraphernalia; exhibiting behavior or gestures which symbolize gang membership; or causing and/or participating in activities which intimidate or affect the attendance of another student, shall be subject to disciplinary action.

 

(e)        Consequences for such actions and/or behaviors may result in suspension or expulsion.

 

(f)        To further discourage the influence of gangs, PSS administrators shall:

(1)        Provide in-service for staff in gang recognition and special workshops for counselors in the event that gangs become a problem at the schools.

(2)        Ensure that all students have access to counselors.

(3)        Work closely with the local law enforcement authorities and county juvenile officers who work with students and parents/ guardians involved in gang activity.

(4)        Provide classroom or after-school programs designed to enhance individual self-esteem and foster interest in a variety of wholesome activities.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: In subsection (b), the Commission replaced the final colon with a period. In subsection (c)(3)(ii), the Commission inserted the final period.

 

§ 60-20-468   Student Use and Care of School Property

 

(a)        The Board of Education recognizes that acts of destruction, defacing, trespassing, burglary and theft of PSS property are contrary to the interests of students, staff and taxpayers. PSS officials will cooperate fully with all law enforcement agencies in the prevention of crimes against PSS property as well as in the prosecution of persons involved in such conduct.

 

(b)        The PSS will seek restitution from students and other persons who have damaged or destroyed PSS property, including text books and other instructional materials. Parents of students who lose or damage school property shall reimburse the school for the value of the lost or damaged articles.

 

(c)        The amount of restitution to PSS for lost, stolen or damaged property shall be determined by the fair value of the lost or stolen property or the cost of reasonable repair if the item is not damaged beyond repair as determined by the principal or Commissioner.

 

(d)       School principals are responsible for enforcing this section and imposing any appropriate discipline and fines.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Amdts Adopted 24 Com. Reg. 19413 (July 29, 2002); Amdts Proposed 24 Com. Reg. 18852 (Jan. 29, 2002); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The 2002 amendments added new subsections (c) and (d) and amended subsection (b).

 

In subsection (b), the Commission changed “damage” to “damaged” to correct a manifest error.

 

§ 60-20-470   Student Use of Tobacco, Alcohol, Drugs and Betel Nut

 

(a)        Drugs and Alcohol

The possession, use, sale, distribution and/or intent to distribute any illegal or controlled mood-altering chemical, medication or abused chemical or alcohol or other intoxicants on school property, at school-sponsored events, and on school buses is prohibited.

 

(b)        Smoking

Smoking on school campuses and on school buses at all times is prohibited. This prohibition applies to all PSS employees, campus visitors and PSS contractors.

 

(c)        Betel-nut (Pugua)

The use, sale or distribution of betel-nut on Public School System campuses and on school buses is prohibited. This prohibition applies to all PSS employees, campus visitors and PSS contractors.

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Subpart G -    Student Welfare

 

§ 60-20-472   Reporting Student Abuse

 

(a)        Child abuse defined:

In the CNMI, child abuse is a crime that penalizes certain actions taken towards a “child” by any person who occupies a special relationship with a “child.” Child abuse can be committed either by a person who has “custody” over a child, or a person who occupies a “position of authority” in relation to that child. If a person has “custody” over a child or occupies a “position of authority” in relation to that child, that person commits child abuse if he or she:

(1)        Purposefully strikes, beats or otherwise (by any act or omission) inflicts physical pain, injury or mental distress upon that child, with the result that the child' s physical or mental well-being is harmed or threatened,

(2)        Purposefully or neglectfully fails to provide adequate supervision, medical care, food, clothing or shelter to that child, with the result that the child’s physical or mental health and well-being are harmed or threatened,

(3)        Or, commits any act that would be considered any form of sexual abuse of a minor under CNMI law, which would include:

(i)         Being over the age of 18 and engaging in “sexual penetration” or “sexual contact” with the child,

(ii)        Being over the age of 18 and inducing, causing or encouraging the child to engage in “sexual penetration” or “sexual contact” with anyone,

(iii)       Being over the age of 16 and engaging in “sexual penetration” or “sexual contact” with the child (if the child is under the age of 13, or, if over the age of 13, at least three years younger than that person),

(iv)       Being over the age of 16 and inducing, causing or encouraging the child to engage in “sexual penetration” or “sexual contact” with anyone,

(v)        Being under the age of 16 and engaging in “sexual penetration” or “sexual contact” with the child (if the child is under the age of 13 and three or more years younger than that person).

 

(b)        Definitions:

(1)        “Child”: For the purposes of this policy, a person is a “child” if they are under the age of 18.

(2)        “Custody”: For the purposes of this policy, a person has “custody” over a child if they are the child' s parent (including natural parents, stepparents and adopted parents), legal guardian, foster parent, the employee of a public or private residential home or facility in which the child is living or any other person over the age of 18 responsible for the child's welfare in a residential setting.

(3)        “Position of Authority”: For the purposes of this policy, a person occupies a “position of authority” over a child if that person is the child's employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem (a person appointed by a court to look after a child’s best interests), babysitter or someone who occupies a substantially similar position, and police and/or probation officers.

(4)        “Sexual Penetration”: For the purposes of this policy, “sexual penetration” means

genital intercourse, cunnilingus, fellatio, anal intercourse, or an intrusion, however slight, of an object or any part of a person's body into the genital or anal opening of another person's body.

(5)        “Sexual Contact”: For the purposes of this policy, “sexual contact” means any touching of the sexual or other intimate parts of another person or any touching of another person by a person’s sexual or other intimate parts done with the intent of gratifying or arousing the sexual desire of either party.

 

(c)        Persons with a duty to report under this policy:

All employees of the CNMI Public School System who, through their employment with the CNMI Public School system, know or have reasonable cause to suspect that an instance of child abuse has occurred or will occur, must report that knowledge according to the procedures outlined in this policy. Failure to do so may expose the employee to disciplinary action according to the appropriate policies and procedures of the CNMI Public School System.

 

(d)       Designation of liaison for purposes of internal reporting:

Each head administrator at each school, and each department head of each PSS department, shall appoint an individual to act as a “child abuse liaison.” Following such designation, the identity of this person shall be made known to all PSS employees at the respective school or department. At no time shall any school or department be without a child abuse liaison. Each child abuse liaison shall be provided contact numbers by which they can reach the Commissioner of Education and PSS Legal Counsel after work hours.

 

(e)        Procedure for reporting:

(1)        Reporting to the CNMI Department of Public Safety:

(i)         Immediately upon becoming aware that an act of child abuse has occurred or will occur, or developing a reasonable cause to believe that an act of child abuse has occurred or will occur, the PSS employee shall contact the CNMI Department of Public Safety and inform them of such. This contact shall be made within twenty-four (24) hours of the PSS employee first knowing of the act of child abuse has occurred or will occur or first forming a reasonable cause to believe that an act of child abuse has occurred or will occur.

(ii)        When reporting to the Department of Public Safety, the PSS employee shall include a statement of the time, date, circumstances and details or information which gave rise to the knowledge or suspicion that the child in question is, or will become, a victim of child abuse.

(iii)       The PSS employee’s responsibility to contact the CNMI Department of Public Safety is non-delegable.

(2)        Internal Reporting:

(i)         Immediately upon becoming aware that an act of child abuse has occurred or will occur, or developing a reasonable cause to believe that an act of child abuse has occurred or will occur, the PSS employee shall contact the designated child abuse liaison in their respective school or

department. This contact shall be made by the end of the school day, or as soon as possible on the following school day if after school hours. If the PSS employee in question cannot locate the child abuse liaison in such time, he or she shall contact the head administrator of their respective school or the head of their respective department.

(ii)        As soon as the child abuse liaison is contacted, that person shall contact the Commissioner of Education and PSS Legal Counsel who will initiate an investigation into the act or acts of child abuse in question.

 

(f)        Immunity for good faith effort to report:

Any person who makes a good faith attempt to report under this policy and makes a good faith effort to comply with the procedures outlined in this policy, shall be immune from any negative administrative action that otherwise may have resulted from such a good faith effort to report.

 

(g)        Potential administrative action for interference with good faith efforts to report:

Any person who knowingly and/or willingly interferes or attempts to interfere with another person who is attempting in good faith to make a report under this policy may face disciplinary action according to appropriate PSS policies and procedures.

 

Modified, 1 CMC § 3806(b), (e), (g).

 

History: Amdts Adopted 33 Com. Reg. 31847 (Aug. 23, 2011); Amdts Proposed 33 Com. Reg. 31728 (June 27, 2011); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The Commission added the opening quotation before sexual contact in subsections (a)(3)(i) and (a)(3)(iii) and changed “knows or has reasonable cause” to “know or have reasonable cause” in subsection (c) to correct a manifest errors.

 

The notice of adoption for the 2001 amendments changed the proposed language of subsections (a)(1), (b)(1) and (b)(2) and added new subsection (a)(4).

 

In 2011, the Board of Education adopted significant changes to this section. In the notices of proposed amendment and adoption, the Board of Education appears to have mistakenly identified this section as § 60-20-910 Mandatory Reporting of Child Abuse and Neglect. However, the format and the language of the changes indicate that the Board of Education intended to amend this section, not § 60-20-910. Accordingly, the Commission codified the 2011 changes in this section.

 

§ 60-20-474   Student Stipends

 

Qualification criteria for student stipends include but are not limited to the following.

 

(a)        The student must be a resident of the CNMI.

 

(b)        The island where the student is attending school does not have the student’s grade level required to graduate from high school.

 

(c)        The student must not be residing with his/her parent(s) at the time and during his/her attendance at the new school.

 

(d)       Students who are relocated from their respective island(s) residency not of their choice (evacuated due to volcano eruption, earthquake, etc.) may be eligible regardless of the grade(s) they are in. In this case, subsection (c) above may be waived if neither parent has gained employment yet. Once a parent is employed the stipend shall be terminated.

 

(e)        Application for student stipend shall be submitted annually by the student’s sponsor where the student will reside and at least thirty days in advance to the Commissioner of Education. The Commissioner will notify the applicant if the application is approved or disapproved ten days after receipt of the application.

 

(f)        If the application is submitted as indicated in subsection (e) above and approved by the Commissioner, the stipend will commence on the first day of the school year and will cease at the closing of the school year where the student is attending. If the application is submitted after the school opens then the effective date will be the date the Commissioner approved the application.

 

(g)        The student stipend check will be issued at the end of every month to the legal sponsor who signed the application.

 

(h)        The eligible student will receive a stipend of $10.00 a day as long as he/she meets the above criteria.

 

Modified, 1 CMC § 3806(c), (e).

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 13 Com. Reg. 7666 (Mar. 15, 1991); Amdts Proposed 13 Com. Reg. 7518 (Jan. 15, 1991).

 

Commission Comment: The 1991 amendments added “policy 622,” entitled “Student Stipends.” The 2001 amendments repealed former Board of Education policy 622 and replaced it with this section.

 

Subpart H -    Student Services

 

§ 60-20-476   Student Physical Examination

 

(a)        Prior to entering the school for the first time, each child shall provide a certificate of physical examination to the school.

 

(b)        The Board of Education may require any student to be examined by a physician for the purpose of determining whether the student is afflicted with a contagious or infectious disease or has the liability of transmitting the disease.

 

(c)        The Board may also require certification from a physician indicating a student’s fitness to participate in specific educational programs or extra-curricular activities.

 

(d)       Refusal on the part of parent/guardian to obtain the required examination and to submit the certification indicating freedom from contagious or infectious disease may result in student exclusion from school.

 

(e)        Students may be excused from engaging in required educational activities upon proper certification from a physician advising the school of a particular restriction.

 

(f)        All costs of physical or other examinations shall be at the expense of students unless otherwise specifically mandated by law.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Adopted 13 Com. Reg. 7666 (Mar. 15, 1991); Amdts Proposed 13 Com. Reg. 7518 (Jan. 15, 1991).

 

Commission Comment: In subsection (b), the Commission changed “have” to “has” to correct a manifest error.

 

§ 60-20-478   Immunizations and Vision and Hearing Tests

 

(a)        Every parent of a child shall, at the time of first enrollment of the child in any Commonwealth public or non-public school and for each subsequent school year, irrespective of grade level, must provide the school of attendance with proof that the child has received vision and hearing tests and all of the immunizations required by the Department of Public Health. Every parent/guardian of a child whose health records show incomplete tests and immunizations shall be immediately notified of the test or immunization deficiency. Parents are required to initiate all required examinations, tests and immunizations for their child within two weeks after the date of such notice.

 

(b)        Except as provided in 3 CMC § 1164, failure to comply shall be grounds for suspension of the child from school until the examination, testing or immunization standards have been met.

 

History: Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001); Amdts Adopted 11 Com. Reg. 6155 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 6042 (Feb. 15, 1989).

 

Commission Comment: The 1989 amendments added a new “policy 616,” entitled Requirements for Vision and Hearing Tests.” The 2001 amendments repealed former Board of Education policy 616 and replaced it with this section.

 

§ 60-20-480   Students with Communicable Diseases or Contagious Conditions

 

(a)        A student shall not attend classes or other school-sponsored activities, if the student

(1)        Has, or has been exposed to, an acute (short duration) or chronic (long duration) contagious or infectious disease or condition, and

(2)        Is liable to transmit the contagious or infectious disease or condition, unless the Commissioner/designee has determined, based upon medical evidence and the certification of a physician, that the student:

(i)         No longer has the disease or condition.

(ii)        Is not in the contagious or infectious stage of an acute disease or condition.

(iii)       Has a chronic infectious disease or condition that poses little risk of transmission in the school environment with reasonable precautions.

 

(b)        School officials may require any child suspected of having a contagious or infectious disease or condition to be examined by a physician and may exclude the child from school, in accordance with the procedures authorized by this regulation, so long as there is a substantial risk of transmission of the disease or condition in the school environment.

 

(c)        A student who has a chronic infectious disease or condition, and who is permitted to attend school, may be required to do so under specified conditions. Failure to adhere to the conditions will result in the student being excluded from school. A student who has a chronic infectious disease or condition and who is not permitted to attend school or participate in school activities will be provided instruction in an alternative educational setting in accordance with Board policy.

 

(d)       Students with acute or chronic contagious or infectious diseases or condition and their families have a right to privacy and confidentiality. Only staff members who have a medical reason to know the identity and condition of such students will be informed. Willful or negligent disclosure of confidential information about a student’s medical condition by staff members will be cause for disciplinary action.

 

(e)        All employees will follow the most recent guidelines issued by the Centers for Disease Control, including applicable universal precautions in cleaning up body fluid spills, (a copy of which shall be on file in the PSS department addressing health services and in the principal’s office of each school), regardless whether an individual infected with a body fluid or blood-borne pathogen is known to be present in the school environment or related activities. Willful or negligent disregard for these precautions by any staff member will be cause for disciplinary action.

 

(f)        Acute Infectious Disease or Contagious Condition

(1)        A staff member who has reason to believe that a student has been exposed to a contagious or infectious disease or condition, or who observes symptoms of such a disease or condition, shall inform the principal. The principal will consult with a medical professional about the child.

(2)        If the medical professional determines that the student has an acute contagious or infectious disease or condition, the principal will exclude the student from school for the number of days specified in the latest revision, or until a physician certifies that the student no longer is liable to transmit the disease or condition.

(3)        If a student has been excluded from school by the principal because the student has or is suspected of having an acute contagious or infectious disease or condition, the student and his/her parent/guardian may appeal such decision in writing to the Commissioner. The Commissioner may require the student to be examined by a physician designated by the PSS, the child’s own physician, or both, at the option of the Commissioner. The student shall not attend classes or participate in school activities during the appeal period.

 

(g)        Chronic Infectious Disease or Condition

(1)        If the principal, after consulting with a medical professional, determines that a student may have a chronic infectious disease or condition, the student may be excluded from school and provided an education in an alternative setting until the following procedures have been concluded.

(2)        The principal shall immediately report any student who has or is suspected of having a chronic infectious disease or condition to the Commissioner or his/her designee and PSS legal counsel.

(3)        Prior to any long-term exclusion of a student, the student’s parents/guardians shall receive written notification of the intent to exclude and written notice of their procedural safeguards pursuant to section 504 of the Rehabilitation Act of 1973.

(4)        The Commissioner or his/her designee shall within ten working days appoint a review committee to assess the student’s medical condition. The Committee should include the following:

(i)         The student’s parents/guardians.

(ii)        A physician.

(iii)       The principal who shall serve as chairperson.

(iv)       Others mutually agreed upon by the PSS and the parents/guardians.

(v)        The PSS legal counsel may serve on the committee in an advisory capacity.

(5)        If the student has been identified as a student with disabilities pursuant to the Individuals with Disabilities Education Act (IDEA), the student may be excluded from school and provided with an education in an alternative setting, so long as such exclusion does not constitute a change in placement pursuant to the IDEA. If the exclusion constitutes a change in placement, the IDEA standards and procedures shall apply to such change. The student’s medical condition and educational placement will be evaluated in accordance with the procedures set forth above, with the following additional provisions:

(i)         Prior to excluding the student, the student’s parents/guardians shall receive written notification of their procedural safeguards pursuant to the IDEA in addition to written notice of their procedural safeguards pursuant to section 504 of the Rehabilitation Act of 1973.

(ii)        The review committee shall include the chairperson of the student’s Individual Educational Program Committee or his/her designee.

(6)(i)                The members of the review committee shall determine the fitness of the student to attend school. The committee will assess the student’s condition, the school conditions, and the risks of exposing others to the disease or contagious condition in the school environment, and shall determine whether the student should

(A)       Be permitted to attend school without restrictions;

(B)       Attend school under stated restrictions and conditions; or

(C)       Be excluded from attending school and provided an alternative educational program.

(ii)        The committee will prepare a written individual school health care plan for the student and establish dates and/or conditions under which the student’s status will be reviewed. The committee will also identify the persons who have a medical need to know the identity of the student because they are responsible for providing proper health care, and will provide the names of those persons to the Commissioner or his/her designee.

(7)        Within five working days after the committee is convened, the committee will make a determination and prepare findings of fact, which the chairperson shall communicate in writing to the student’s parents/guardians, the principal, and the Commissioner. The parents/guardians shall again receive written notification of their procedural safeguards under section 504 of the Rehabilitation Act of 1973 (and in the PSS’s compliance plan for implementing the IDEA, if applicable). The meetings, records, and votes of the review committee shall not be open to the public. The determination will be final unless reversed on appeal pursuant to the complaint procedures set out in the PSS’s compliance plan for section 504 or the IDEA, if applicable.

(8)        If a student with a chronic infectious disease or contagious condition is permitted to attend school, the Commissioner will notify those persons who were identified by the review committee as having a medical need to know the student’s identity and conditions under which the student is attending school. Willful or negligent disclosure of confidential information will be cause for disciplinary action.

(9)        Staff members who have a medical need to know the identity of a student with a chronic infectious disease or contagious condition include

(i)         Those who are designated by the PSS to determine the fitness of the student to attend school;

(ii)        Those who are responsible for providing health care to the student, such as the school nurse; and

(iii)       Those who are most likely to be in a position to render first aid to the student in case of an accident or medical emergency.

(10)                  A student who has a chronic infectious disease or contagious condition shall be evaluated to determine whether any accommodations or related services are necessary for the student to receive a free appropriate public education. If accommodations or related services are necessary, the PSS shall develop and implement a plan for the delivery of all needed services. This evaluation shall be conducted regardless whether the student is permitted to attend school with or without conditions and restrictions, or is excluded from school.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Amdts Adopted 29 Com. Reg. 26433 (Feb. 15, 2007); Amdts Proposed 28 Com. Reg. 26217 (Oct. 30, 2006); Amdts Adopted 23 Com. Reg. 18263 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17965 (June 19, 2001).

 

Commission Comment: The original paragraphs of subsection (g)(6) were not designated. The Commission designated (g)(6)(i) and (g)(6)(ii).

 

In subsection (e), the Commission inserted the closing parenthesis. In subsection (g)(3), the Commission deleted the repeated phrase “their procedural safeguards.” The Commission inserted periods at the end of subsections (g)(4)(i) and (g)(4)(ii). In subsection (g)(6)(ii), the Commission changed “student” to “student’s” to correct a manifest error.

 

The February 2007 amendments added the second sentence to subsection (g)(5).

 

§ 60-20-481     Head Lice

 

(a)        To ensure that the CNMI Public School System children are provided with a healthy and clean environment, PSS classrooms shall be kept lice-free. Support and education shall be given to all families to help prevent spreading of lice.

 

(b)        No person, adult or child shall attend school with lice or nits. No person (adult or child) shall attend classes if that person has head lice or nits.

(1)        Clearance for admission into the classroom must be issued by the school administrator after the student’s hair is physically checked by the designated school personnel or the school administrator.

(2)        Accumulated absences after two days “release-time” from school shall be counted as unexcused absences. Parents/guardians are encouraged to address the head lice problem immediately upon notification from the school.

(3)        Excessive or continuous referrals for head lice may result in further action as a safeguard and protection for the child's health and welfare.

 

(c)        Head lice checks:

(1)        Trained staff shall check all students at enrollment to ensure that they begin classes lice-free.

(2)        All students shall be checked at a minimum monthly or as need arises.

(3)        When any student attending PSS is found to have head lice, students within close proximity with the affected student must be checked for lice to minimize spreading.

 

(d)       Exclusion from class:

(1)        Students or adults with lice or nits shall not be allowed to attend class.

(2)        Staff and volunteers shall handle cases of head lice with respect and care so as not to

embarrass anyone. Students should not be belittled for having lice or nits.

(3)        Upon discovery of lice/nits on a student, the teacher or designated person shall

contact the parent(s)/guardian(s) to pick the child up from the school. The child should avoid physical contact with other students while waiting to be picked up from school by his or her parent(s)/guardian(s).

(4)        Parent(s)/guardian(s) shall be offered guidance and/or recommendations for obtaining

lice treatment and instructions on treatment and cleaning of their home environment.

(5)        Parent(s)/guardian(s) need to bring the student to the school main office for clearance

before reporting back to class.

(6)        Students shall be allowed to resume classes when found to be nit/lice-free. A clearance notification from the school main office shall allow a student to resume classes.

 

(e)        Head lice treatment and prevention

All parents/guardians shall be provided the following information:

(1)        How to tell their child about what they have (head lice), why they need to be treated

before going back to class (other children can get the lice), and why they need to get rid of the lice (they bite and causes a disruption to self).

(2)        Use shampoo for head lice, following instructions and cautions on the package.

(3)        Use the lice comb to completely remove all lice and nits.

(4)        Wash all linens, clothing, and hair accessories of the infected individual. Do not share

towels or beds.

(5)        Items that cannot be washed, such as toys and stuffed animals, should be put in a sealed plastic bag for 14 days.

(6)        Vacuum all carpets, upholstery and mattresses thoroughly.

(7)        Clean combs and brushes in hot water.

(8)        Repeat shampoo on non-affected family members. The shampoo does not prevent lice infestation and is an insecticide and should only be used when needed.

(9)        Animals do not carry head lice and do not need treatment.

 

Modified, 1 CMC § 3806(a), (f), (g).

 

History: Adopted 33 Com. Reg. 31843 (Aug. 23, 2011); Proposed 33 Com. Reg. 31711 (June 27, 2011).

 

Commission Comment: The Commission changed “any students” to “any student” and “minimized” to “minimize” to correct manifest errors in subsection (a)(3).

 

§ 60-20-482   Human Immunodeficiency Virus (HIV)

 

(a)        Planning Groups and Panels

(1)        There is a statewide planning group, the Community Planning Group (CPG), that addresses awareness and prevention programs, testing guidelines, health care procedures and laws relating to HIV and AIDS for the Commonwealth. Within the school system, there is a PSS HIV Review Panel that coordinates with CPG and develops instruction, curriculum and guidelines relating to HIV.

(2)        The Commissioner of Education shall designate a coordinator to oversee the PSS’s HIV education plans and to work closely with the CPG to develop HIV awareness and prevention programs. The Coordinator shall serve as chairman to the PSS HIV Review Panel and serve as the PSS representative for the CPG. Members of the PSS HIV Review Panel shall include teacher, counselor, administration, parent and student representatives.

 

(b)        School Attendance

(1)        HIV is not, in itself, a disabling condition, but it may result in conditions that are disabling. To the extent that a student who has HIV is determined to meet the criteria for eligibility for accommodations under state and federal nondiscrimination laws or for special education services, the PSS shall meet all procedural and substantive requirements.

(2)        School authorities will determine the educational placement of a student known to be infected with HIV on a case-by-case basis by following established policies and procedures for students with chronic health problems or students with disabilities. Decision-makers must consult with the student’s physician and parent or guardian; respect the student’s and family’s privacy rights; and reassess the placement if there is a change in the student’s need for accommodations or services.

(3)        School staff members will always strive to maintain a respectful school climate and not allow physical or verbal harassment of any individual or group by another individual or group. Such harassment may include taunts directed against a person living with HIV infection, a person perceived as having HIV infection, or a person associated with someone with HIV infection.

 

(c)        Confidentiality, Privacy, Disclosure and Testing

(1)        To maintain an atmosphere of trust with staff members, students, families, and the community, a policy that encourages confidentiality is essential. It is important that people who have HIV and their families feel certain that their names will not be released against their wishes to others without a need to know. A policy on confidentiality that is strictly enforced will also provide protection to the PSS from legal action and from potentially adverse reactions that might result.

(2)        A student or student parent/guardian or an applicant/ employee, may, but is not required to, report HIV status to anyone in the education system. HIV antibody testing is not required for any purpose.

(3)        Every employee has a duty to treat as highly confidential any knowledge or speculation concerning the HIV status of a student or other staff member. Violation of medical privacy is cause for disciplinary action, criminal prosecution, and/or personal liability in a civil suit.

(4)        Except as otherwise permitted by law, no school personnel shall disclose any HIV-related information regarding prospective or current school personnel or st