FSMC, TITLE 40.  EDUCATION
 
 
 
Chapter 2:  Educational
Policies and Standards
 
 
Subchapters:
I:       Teacher Certification ( 211-215) [REPEALED]
II:      Education Standards ( 221-222) [REPEALED]
III.     Special Education ( 231-237)
IV.     School Year and Attendance ( 241-242) [REPEALED]
V.      Nonpublic Schools ( 251-254) [REPEALED]

Editors note:  All sections in subchapters I, II, IV, and V of this chapter were repealed by PL 8-132, 1.

 

Subchapter I:  Teacher Certification
( 211-215)
[REPEALED]
 
 
Subchapter II:  Educational Standards
( 221-222)
[REPEALED]

Editors note:  All sections in subchapters I and II of this chapter were repealed by PL 8-132, 1.
 
 
 
Subchapter III:  Special Education

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

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

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

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

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

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

    (1)   Children with disabilities includes those individuals from birth through age 21 who are evaluated as having mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities, deaf-blindness, or multiple impairments, and who because of those impairments need special education and related services.

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

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

    (a)   in the classrooms;

    (b)   in the home;

    (c)   in hospitals and institutions;

    (d)   in other settings; and

    (e)   in physical education.

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

      234.  Administration.

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

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

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

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

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

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

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

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

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

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

 

Subchapter IV:  School Year
and Attendance
( 241-242)
[REPEALED]
 

Subchapter V:  Nonpublic Schools
( 251-254)
[REPEALED]

Editors note:  All sections in subchapters IV and V of this chapter were repealed by PL 8-132, 1.
                                                                                                                                                                                                                                                                                                           
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