17 Guam Code Ann. § 44104
Terms Used In 17 Guam Code Ann. § 44104
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Quorum: The number of legislators that must be present to do business.
(1) Establish minimum criteria including quality of education, ethical and business practices, health and safety and fiscal
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responsibility, which applicants for authorization to offer or operate education services or grant degrees or diplomas as a post-secondary education institution or for an agent’s certification, shall meet before such authorization or certification may be issued, and to continue such authorization or certification in effect. Criteria to be developed hereunder shall be such as will effectuate the purposes of this Chapter, but will not unreasonably hinder legitimate education innovation.
(2) Establish rules for the approval of modified or additional programs, degrees, and locations.
(3) Receive, investigate, and act upon applications for authorization or approval to operate educational institution and application for agent’s permit.
(4) Inform private post-secondary institutions operating in the Territory of Guam of laws adopted by I Liheslaturan Guåhan, and rules and regulations adopted by the Council and of their responsibility to follow those laws and rules and regulations.
(5) Establish procedures for receiving and responding to complaints from students, faculty, and others concerning institutions or programs under the purview of the Council, and keep records of such complaints in order to determine the frequency and nature of complaints with respect to specific institutions of higher education.
(6) Establish procedures and criterion for application by means of certification.
(7) Establish procedures for conducting periodical assessments on each certified institution to determine if such is in compliance with this Chapter. The Council may extend an annual or provisional certification if a good faith effort has been made by the institution. The Council shall determine what constitutes compliance or a good faith effort and may adopt rules to administer this provision.
(8) Develop minimum standards by which to evaluate institutions for certification. These standards must include, at least the institution’s name, financial stability, purpose, administrative
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organization, admission and recruitment, education programs and curricula, retention, completion, career placement, faculty, learning resources, student personnel services, physical plant and facilities, publications, and disclosure statements about the status of the institution with respect to professional certification and licensure. The Council may adopt rules to ensure that institutions certified under this Chapter meet these standards in ways that are appropriate to achieve the stated intent of this Chapter, including provisions for nontraditional or distance education programs and delivery.
(9) Establish rules to ensure the protection of students, including rules establishing fair consumer practices pursuant to §44106 of this Chapter.
(10) Establish rules to protect students from the detriment caused by certified institutions that cease operation without providing for proper completion of student training or for the appropriate refund of student fees. Rules may be established to exercise control over student records upon closure of a certified institution if the institution does not provide an orderly closure.
(11) Recognize an institution based on the institution’s highest educational offering and shall adopt rules for certification that include reporting requirements for each level of certification.
(12) Serve as a central body for collecting and distributing current information regarding institutions certified by the Council.
(13) Make rules for its own governance.
All rules, regulations, and fees established by the Council as necessary to implement the provisions of this Chapter shall be subject to Chapter 9 of Title 5 of the Guam Code Annotated (the Administrative Adjudication Law). The Council in its entirety is subject to all laws applicable on Guam to include, Chapters 8 and 10 of Title 5 of the Guam Code Annotated (the Open Government Law and the Freedom of Information Act Law, respectively).
(b) The Council may:
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(1) appoint standing or special committees to assist it in carrying out its responsibilities. Committees may include members who are not Council members or representatives of certified post-secondary institutions.
(2) sue or be sued.
(3) advise I Maga’lahen and I Liheslatura on issues relating to private post-secondary education;
(4) assist private post-secondary institutions in formulating articulation agreements with public and other independent institutions.
(5) establish fees for the following:
(i) Application for Certification.
(ii) Application for Renewal of Certification.
(iii) Late fees for an institution’s failure to timely submit required materials.
(6) Take such legal action as it deems necessary to cause the owners, directors, or administrators of private post-secondary institutions to refrain from offering any part or all of such educational programs which the Council shall have found to be inadequate.
(7) Refer matters it deems appropriate to the Office of the
Attorney General for investigation and prosecution.
(c) Membership. The Council shall consist of seven (7) members who are bona fide residents of the Territory of Guam. The membership shall consist of:
(1) The President of the University of Guam, or his appointed designee;
(2) The President of the Guam Community College, or his appointed designee;
(3) The Superintendent of the Department of Education, or his appointed designee;
(4) The Director of the Department of Labor, or his appointed designee;
(5) A Chairman appointed by I Maga’lahen Guåhan, with the
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advice and consent of I Liheslaturan Guåhan; and
(6) Two (2) at-large members appointed by I Maga’lahen Guåhan, with the advice and consent of I Liheslaturan Guåhan, with backgrounds in education and business, respectively, who are not affiliated with any institution of higher education.
(i) Members appointed by I Maga’lahen shall serve for a term of three (3) years and until their successors are appointed and confirmed. Such members shall not be required to submit courtesy resignations should there be a change in administration. Should a vacancy occur before the expiration of a term, I Maga’lahen shall appoint a successor to serve the unexpired portion of the term. Designees appointed by the President of the University of Guam, the President of the Guam Community College, the Superintendent of the Department of Education, and/or the Director of the Department of Labor shall serve a term as designated by their appointing authority.
(ii) Members appointed by I Maga’lahi shall receive a stipend of Fifty Dollars ($50) per official meeting.
(d) Meetings. The Council shall determine the time and place of Council meetings which shall not be fewer than four (4) times in each calendar year. Five (5) members shall constitute a quorum and all actions, with the exception of those regarding the operating procedures of the Council, shall be adopted according to the affirmative vote of the majority of Members present and shall be in writing.
(e) Administrative Support. The Council shall be administratively supported by the Staff of the Guam Commission for Educator Certification, whose administrative office shall hereby be called, “”the Guam Certification Office””.
(f) Fees. The Council shall retain all fees collected and use such fees for its operations. Fifty percent (50%) of its fees collected shall be used for the administrative function of the Guam Certification Office.
(g) Website. The Council shall maintain a website that shall contain rules, regulations, and fees as established and adopted by the Council pursuant to this Chapter. The website shall also contain, but not limited to, the following:
(1) procedure and application for certification;
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(2) list of applications received by the Council; (3) list of rejected applications;
(4) list of all actions taken by the Council;