|
EDUCATION LAWS and REGULATIONS
of the VIRGIN ISLANDS
Reprinted from
Titles 3 and 17
of the
VIRGIN ISLANDS CODE
and the
Virgin Islands Rules and Regulations
PUBLISHED BY
PUBLISHING CORPORATION
ORFORD, NEW HAMPSHIRE
Copyright @ 1965
by
THE GOVERNMENT SECRETARY
for
THE GOVERNMENT OF THE VIRGIN ISLANDS
3/7/ ,/"7 7
/9 1
LATIN
AMERICA
PRINTED IN U.S.A.
Contents
Page
Foreword iv
Laws
Title 3. Executive
Chapter 7. Department of Education 1
Title 17. Education 17
Regulations
Title 3. Executive 133
Title 17. Education 135
Index .. . . . . .......... 181
Foreword
This new edition of the Education Laws and Regulations of the
Virgin Islands replaces the 1961 pamphlet edition which for three
years has been popular and useful tool in the hands of all
interested in the improvement of education in the Virgin Islands.
An important new feature in this edition is the inclusion of all
effective rules and regulations of the Department of Education.
This edition is based upon the Virgin Islands Code. It contains
historical notes, annotations of court constructions of the laws,
and pertinent cross references. A specially prepared descriptive
word index set out at the end of this publication makes the text
of the laws and regulations readily available.
This publication has been produced in both bound volume and
pamphlet form. Provision has been made for further periodic
supplementation so that this edition, with its current cumulative
supplement, will reflect the latest status of our laws and regulations.
We hope that this new and improved edition of our education
laws will be of material assistance to the people of the Virgin
Islands as they move resolutely toward the beckoning goal of
better education.
Jane E. Tuitt
Commissioner of Education
January 1965
Education Laws
Based on Titles 3 and 17
Virgin Islands Code
TITLE THREE
Executive
Chapter 7. Department of Education
SECTION ANALYSIS
91. Continuation of Department.
92. Commissioner; appointment; tenure; qualifications; ad-
ministration.
93. Assistant Commissioner and deputies; appointment;
tenure; functions.
94. Divisions and bureaus; heads; functions.
95. [Repealed.]
96. Powers and duties of Department; Budget.
97. Virgin Islands Board of Education.
(a) Continuation.
(b) Composition; appointment and qualifications of
members.
(c) Terms of members; vacancies.
(d) Chairman.
(e) Removal of members.
97a. Same; expeditious filling of vacancies.
98. Meetings of Board; quorum; procedure.
99. Virgin Islands Board for Vocational Education.
(a) Continuation.
(b) Composition; appointment and qualifications of
members.
(c) Terms of members; vacancies.
(d) Chairman.
(e) Compensation and expenses.
(f) Removal of members.
(g) Personnel; compensation.
(h) Status, powers, and duties.
99a. Same; expeditious filling of vacancies.
100. Rules and regulations of Commissioner.
1
EDUCATION LAW
91. Continuation of Department
The Department of Education, hereafter in this chapter referred
to as the "Department", is continued as an executive department
in the government of the Virgin Islands.
HISTORY
Revision note. Based on the Governor's Exec. Ord. No. 9, 2 (a), eff.
July 21, 1955, such Order having been issued under authority of section 16
(a) of the Revised Organic Act of the Virgin Islands, approved July 22, 1954
(48 U.S.C. 1597(a)), set out preceding Title 1.
Section is taken from the first sentence of section 2 (a) of Exec. Ord. No. 9,
referred to above, and the provisions are reworded to continue the Department
of Education established by that sentence. Remainder of such section 2 (a) has
been carried into section 92 of this title.
Other changes were made in phraseology.
-Abolishment of former departments, bureaus, etc., and transfer of func-
tions, etc. Abolishment of all executive departments, bureaus, etc., existing
prior to Exec. Ord. No. 9, eff. July 21, 1955, referred to above, and transfer
of their functions, property, personnel, etc., to the executive departments
established by that Order, see section 12 thereof, set out in note under section
61 of this title. See, also, section 9 of the Governor's Exec. Ord. No. 1, eff.
Jan. 10, 1955, as amended by Exec. Ord. No. 2, dated Jan. 12, 1955, which
contained similar provisions with respect to the prior reorganization of de-
partments, bureaus, etc., effected by that Order, and which Order was super-
seded by the said Exec. Ord. No. 9.
-Prior law; Exec. Ord. No. 1, eff. Jan. 10, 1955. Provisions identical with
those of section 2(a) of Exec. Ord. No. 9, eff. July 21, 1955, from which this
section was taken, were contained in section 2(a) of Exec. Ord. No. 1, eff.
Jan. 10, 1955. See note under section 61 of this title.
-Prior law; municipal departments. Prior laws on the subject, with respect
to the former Municipality of St. Thomas and St. John, and the former
Municipality of St. Croix, were contained in the 1921 Codes, Title 1, ch. 2,
1, and subsequent Budget Acts thereof.
CROSS REFERENCES
General supervision and control by Governor. General supervision and con-
trol, by the Governor, of all the departments, bureaus, agencies, and other
instrumentalities of the executive branch of the government of the Virgin
Islands, see section 11 of the Revised Organic Act of the Virgin Islands,
approved July 22, 1954 (48 U.S.C. 1591), set out preceding Title 1.
Jurisdiction and functions of Department. Jurisdiction and functions of the
Department of Education, see section 96 of this title, and Title 17. For func-
tions of the St. Thomas Park Authority, which is within the Department of
Education (under section 95 of this title), see Title 32. For functions of the
Virgin Islands Board of Education, which is within the Department of Educa-
tion (under section 97 of this title), see Title 17.
92. Commissioner; appointment; tenure; qualifications; adminis-
tration
(a) At the head of the Department, there shall be a Commis-
sioner of Education, hereafter in this chapter referred to as the
"Commissioner"
(b) The Commissioner shall be appointed by the Governor, with
the advice and consent of the Legislature, and shall hold office
T.3 91
DEPARTMENT OF EDUCATION
during the continuance in office of the Governor by whom he is
appointed and until his successor is appointed and qualified, un-
less sooner removed by the Governor.
(c) The Commissioner shall be a citizen of the United States,
shall be a graduate of an accredited college or higher institution
of learning of recognized standards, shall possess at least a
master's degree therefrom, and shall have had at the time of his
appointment at least four years experience in the field of educa-
tion.
(d) The Department shall be administered under the supervi-
sion and direction of the Commissioner.
HISTORY
Revision note. Based on the Governor's Exec. Ord. No. 9, 2(a), 14, eff.
July 21, 1955, such Order having been issued under authority of section 16(a)
of the Revised Organic Act of the Virgin Islands, approved July 22, 1954
(48 U.S.C. 1597 (a)), set out preceding Title 1.
Section consolidates part of section 2(a) of Exec. Ord. No. 9, referred to
above, with the provisions of section 14 thereof relating to the manner of
appointment, and tenure of office, of the Commissioners in the several execu-
tive departments established by that Order. Remainder of such section 2(a)
was carried into section 91 of this title, and inasmuch as such section 14
related to all Commissioners in the departments so established, it has been
carried into a number of other sections of this title.
The provisions contained in subsec. (c) of this section, relating to qualifica-
tions, are new, and have been inserted on recommendation of the Code Advi-
sory Committee. Similar provisions were contained in the School Law of 1940.
See note below.
Changes were made in phraseology.
-Prior law; Exec. Ord. No. 1, eff. Jan. 10, 1955. Provisions identical with
those of sections 2(a) and 14 of Exec. Ord. No. 9, eff. July 21, 1955, from
which this section was taken, were contained in sections 2(a) and 11, respec-
tively, of Exec. Ord. No. 1, eff. Jan. 10, 1955. See note under section 61 of
this title.
-Prior law; School Law of 1940, and 1921 Codes. Previous laws on the
subject were contained in Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1), ch. 2
(School Law of 1940), and the 1921 Codes, Title 1, ch. II.
CROSS REFERENCES
Appointment of department heads; tenure. Appointment of department heads
by the Governor, with advice and consent of the Legislature, each of whom to
hold office during the continuance in office of the Governor by whom he is
appointed and until his successor is appointed and qualified, unless sooner
removed by the Governor, see section 16(c) of the Revised Organic Act of the
Virgin Islands, approved July 22, 1954 (48 U.S.C. 1597 (c)), set out preced-
ing Title 1.
Appointment of executive branch personnel by Governor; exceptions; com-
missions of officers. The Governor to appoint all officers and employees of the
executive branch of the government of the Virgin Islands, except as otherwise
provided in the Revised Organic Act of the Virgin Islands, approved July 22,
1954, or any other Act of Congress, and to commission all officers that he may
be authorized to appoint, see section 11 of such 1954 Revised Organic Act
(48 U.S.C. 1591), set out preceding Title 1.
Citizenship requirements as to Government Officials. All officials of the gov-
ernment of the Virgin Islands to be citizens of the United States, see section
3
Ch. 7
T.3 92
EDUCATION LAW
29 of the Revised Organic Act of the Virgin Islands, approved July 22, 1954
(48 U.S.C. 1543), set out preceding Title 1.
"Commissioner", designation of each department head as. The head of each
executive department to be designated as the Commissioner thereof, see section
16(a) of the Revised Organic Act of the Virgin Islands, approved July 22,
1954 (48 U.S.C. 1597 (a)), set out preceding Title 1.
Oath of officers and employees. For provisions relating to written oath to be
made by officers and employees of the government of the Virgin Islands, in-
cluding the form of such oath, see section 29 of the Revised Organic Act of
the Virgin Islands, approved July 22, 1954 (48 U.S.C. 1543), set out preced-
ing Title 1.
Powers and duties of department heads. Heads of executive departments to
have such powers and duties as may be prescribed by the Legislature, see
section 16(c) of the Revised Organic Act of the Virgin Islands, approved
July 22, 1954 (48 U.S.C. 1597 (c)), set out preceding Title 1.
Salaries of department heads; payment. For provisions relating to salaries
of the heads of executive departments, and the payment thereof, see section
20 (b) (c) of the Revised Organic Act of the Virgin Islands, approved July 22,
1954 (48 U.S.C. 1598, 1641), set out preceding Title 1.
Subversives, prohibition against holding office. Prohibition against the hold-
ing of office by subversives, see section 3 of the Revised Organic Act of the
Virgin Islands, approved July 22, 1954 (48 U.S.C. 1561), set out preceding
Title 1.
93. Assistant Commissioner and deputies; appointment; tenure;
functions
(a) There shall be in the Department an Assistant Commis-
sioner, and such deputies as the Governor deems necessary for the
proper administration of the Department. The Assistant Com-
missioner and the deputies shall be appointed by the Governor,
and shall hold office during the continuance in office of the
Governor by whom they are appointed and until their successors
are appointed and qualified, unless sooner removed by the Governor.
(b) The Assistant Commissioner and any deputies appointed
under this section shall perform such functions as the Commis-
sioner prescribes.
HISTORY
Revision note. Based on the Governor's Exec. Ord. No. 9, 2 (b), eff. July 21,
1955, such Order having been issued under authority of section 16 (a) of the
Revised Organic Act of the Virgin Islands approved July 22, 1954 (48 U.S.C.
1597 (a)), set out preceding Title 1.
The provisions for the appointment of deputies, should the Governor deem
such appointment necessary, and for the functions of such deputies, are new.
They are inserted in this section, as well as in other sections of this title
relating to other executive departments, to enable the Governor to provide for
the best possible administration of the Department, in view of geographical
distances between the islands and other problems which might render such
administration difficult without additional personnel of executive rank having
the authority to make on-the-spot decisions. The insertion is made after con-
sultation with the Governor and members of the Code Advisory Committee.
Changes were made in phraseology and arrangement.
-Prior law; Exec. Ord. No. 1, eff. Jan. 10, 1955. Provisions identical with
those of section 2 (b) of Exec. Ord. No. 9, from which this section was taken,
4
T.3 92
DEPARTMENT OF EDUCATION
were contained in section 2 (b) of Exec. Ord. No. 1, eff. Jan. 10, 1955. See
note under section 61 of this title.
-Prior law; 1921 Codes. Previous provisions on this subject were contained
in the 1921 Codes, ch. II, 2 (b).
CROSS REFERENCES
Qualifications, appointment, and oath of personnel. For general provisions
relating to qualifications, appointment, and oath of officers and employees of
the government of the Virgin Islands, see sections 3, 11 and 29 of the Revised
Organic Act of the Virgin Islands, approved July 22, 1954 (48 U.S.C. 1543,
1561, 1591), set out preceding Title 1.
94. Divisions and bureaus; heads; functions
(a) The Governor may establish within the Department such
divisions and bureaus as he deems necessary for the proper ad-
ministration of the Department.
(b) At the head of each division established under this section,
there shall be a Director; and at the head of each bureau established
under this section, there shall be a Chief of the bureau.
(c) The heads of divisions and bureaus shall perform such
functions as the Commissioner prescribes.
HISTORY
Revision note. Based on the Governor's Exec. Ord. No. 9, 2 (c) (f), eff.
July 21, 1955, as amended by Act Oct. 10, 1956, No. 143, 1, 3, such Order
having been issued under authority of section 16 (a) of the Revised Organic
Act of the Virgin Islands, approved July 22, 1954 (48 U.S.C. 1597 (a)), set
out preceding Title 1.
Section 2 (c) of Exec. Ord. No. 9, as amended by the 1956 Act, cited above,
established, within the Department of Education, the following divisions: (1)
the Elementary School Division, the functions of which included the adminis-
tration of kindergartens; (2) the Secondary School and College Division, the
functions of which included the administration of adult education; (3) the
Vocational Education Division; (4) the Vocational Rehabilitation Division;
and (5) the Auxiliary Services Division, the functions of which included the
administration of buildings and grounds under the jurisdiction of the Depart-
ment, and school lunch programs, and the management of business opera-
tions of the Department. It also established three bureaus within the De-
partment, as follows: (1) the Recreation Bureau, the functions of which
included the management and administration of parks and beaches; (2) the
Library and Museum Bureau; and (3) the Special Activities Bureau, the func-
tions of which included the administration of out-of-school activities, testing,
scholarships, certifications, censuses, and attendance. In view of the adoption
of the policy, after consultation with the Governor and members of the Code
Advisory Committee, of revising the organizational setup of the executive
branch of the Virgin Islands Government to permit flexibility of organization
within each Department, none of such divisions and bureaus are continued by
this section. This section provides merely that the Governor may establish
within the Department such divisions and bureaus as he deems necessary for
the proper administration of the Department. This policy has been followed
throughout this title.
In subsec. (b) of this section, "Chief" is substituted for "Chief Officer".
Changes were made in phraseology and arrangement.
-Prior law; Act No. 18, Leg., app. Mar. 28, 1955. Section 3 of Act No. 18
of the Legislature, app. Mar. 28, 1955, created a Division of Vocational Re-
habilitation, and provided that it should be the sole agency for the adminis-
5
Ch. 7
T.3 94
EDUCATION LAW
tration of vocational rehabilitation under such Act. Section 4 of such Act pro-
vided for the appointment by the Governor of a Director of Vocational Re-
habilitation as the head of such Division, and prescribed his qualifications.
That Act did not specifically state that such Division should be within the
Department of Education which, prior to the issuance of Exec. Ord. No. 9, eff.
July 21, 1955, referred to above, had been established by section 2 (a) of Exec.
Ord. No. 1, eff. Jan. 10, 1955 (see note below and note under section 91 of
this title). However, section 6 of that Act designated the "Board of Education"
(presumably, the Virgin Islands Board of Education established within the
Department of Education by section 2(e) of the said Exec. Ord. No. 1, eff.
Jan. 10, 1955) as the "Board for Vocational Education, Division of Vocational
Rehabilitation", to administer, through such Division, the provisions of that
Act. These provisions have been omitted from this Code as superseded or
covered by section 2(c) of Exec. Ord. No. 9, eff. July 21, 1955, from which
this section was taken, section 99 of this title, and provisions in Title 17
relating to vocational rehabilitation.
-Prior law; Exec. Ord. No. 1, eff. Jan. 10, 1955. Section 2 (c) of Exec. Ord.
No. 1, eff. Jan. 10, 1955, which Order was superseded by Exec. Ord. No. 9, eff.
July 21, 1955, referred to above (see note under section 61 of this title),
established three divisions within the Department of Education created by
section 2(a) of such Exec. Ord. No. 1 (see note under section 91 of this title),
which it designated as the Elementary School Division, the Secondary School
Division, and the Library, Museum and Recreation Division, with a "Division
Head" at the head of each such division, who should perform such functions as
the Commissioner of Education might prescribe. It did not, as additionally
provided by section 2(c) of Exec. Ord. No. 9, eff. July 21, 1955, referred to
above, establish any bureaus (see section 94 of this title).
CROSS REFERENCES
Qualifications, appointment, and oath of personnel. For general provisions
relating to qualifications, appointment, and oath of officers and employees of
the government of the Virgin Islands, see sections 3, 11 and 29 of the Revised
Organic Act of the Virgin Islands, approved July 22, 1954 (48 U.S.C. 1543,
1561, 1591), set out preceding Title 1.
95. Repealed. Dec. 17, 1958, No. 358, 1.
Section is now covered by section 295 of this title.
96. Powers and duties of Department; Budget
(a) The Department shall have authority and jurisdiction to
exercise general control over the enforcement of the laws relating
to education, and shall-
(1) promote the cause of education, and achieve a high level
of general education throughout the Virgin Islands;
(2) cooperate with the Virgin Islands Board for Vocational
Education in the administration and promotion by that Board
of vocational education and vocational rehabilitation programs;
(3) except as otherwise may be provided by law, administer
and operate all publicly supported educational and recreational
facilities and programs, including specialized instruction, ap-
prenticeship training, and recreational areas;
(4) administer and operate all publicly supported libraries
and museums;
T.3 94
DEPARTMENT OF EDUCATION
(5) approve, and, in accordance with law, regulate privately
supported educational and recreational facilities, libraries and
museums;
(6) administer and operate a single school system, including,
subject to the approval of the Governor, the certification, selec-
tion, and appointment of department personnel, and other activi-
ties directly related thereto; and
(7) exercise such other powers, and perform such other duties
and functions, as may be prescribed by law.
(b) The Department shall prepare the Budget for the Depart-
ment, for submission to the Commissioner of Finance.-Amended
May 16, 1957, No. 160, 8; Dec. 17, 1958, No. 358, 2.
HISTORY
Amendments--1958. Subsec. (a)(4)(5) amended by Act Dec. 17, 1958, cited
above, which omitted references to parks and beaches.
-1957. Subsec. (a)(2)(3) amended by Act May 16, 1957, cited above, to
delete provisions relating to vocational education and vocational rehabilita-
tion in so far as they provided for administration of these programs by this
Department (see section 99 of this title), and to rewrite them so as to require
that the Department shall cooperate with the Virgin Islands Board for
Vocational Education in the administration by the Board of such programs.
Subsec. (a)(6) amended by Act May 16, 1957, cited above, to eliminate the
requirement that the functions of the Department with respect to the certifica-
tion, etc., of department personnel should be "in accordance with standards
established by the Virgin Islands Board of Education". Basic qualifications
for professional personnel of the Department are not established by the
Board or Commissioner of Education, but are recommended to the ad-
ministrator of the Personnel Merit System by the Commissioner with the
concurrence of the Board (see Title 17). Teachers and other professional
personnel of the Department are within the Personnel Merit System (see
sections 491 and 551 of this title).
Subsec. (a) (7) added by Act May 16, 1957, cited above.
Revision note. Based on the Governor's Exec. Ord. No. 9, 2(d), eff. July 21,
1955, such Order having been issued under authority of section 16(a) of the
Revised Organic Act of the Virgin Islands, approved July 22, 1954 (48 U.S.C.
1597(a)), set out preceding Title 1.
Section 2(d) of Exec. Ord. No. 9, cited above, provided that the depart-
mental budget should be prepared by the Department and submitted to the
Commissioner of Insular Affairs (redesignated in this Code as the "Commis-
sioner of Property and Procurement"). As the duty to secure and receive
the budgets of the executive departments, and to prepare and submit to the
Governor the annual Budget of the government of the Virgin Islands, has
been transferred in this Code from the Department of Insular Affairs
(redesignated in this Code as the "Department of Property and Procurement")
to the Department of Finance, "Commissioner of Finance" is substituted in
subsec. (b) of this section for "Commissioner of Insular Affairs".
Section 2(d) of Exec. Ord. No. 9, cited above, contained an additional
function, providing that the Department should "establish and maintain
facilities and programs furthering the objective of assuring a democracy
vibrant and alive to expanding social and economic needs". On recommenda-
tion of the Citizens Committee on Education and Code Advisory Committee,
this provision has been omitted as unnecessary and inappropriate to the
purposes of the section. Such aim is sufficiently spelled out by the other
provisions.
Ch. 7
T.3 96
At the end of clause (6) of subsec. (a), words "in accordance with stand-
ards established by the Virgin Islands Board of Education, subject to the
approval of the Governor" were inserted on recommendation of the Citizens
Committee on Education and the Code Advisory Committee.
In addition to the provisions carried into this section, section 2(d) of Exec.
Ord. No. 9, referred to above, contained provisions vesting functions in the
Department of Education, as follows:
"All of the functions provided in Bill No. 1, the Fourth Legislative Assem-
bly of the Virgin Islands of the United States, approved January 25, 1940
[School Law of 1940]; Bill No. 7, the Fifteenth Legislative Assembly of the
Virgin Islands of the United States approved September 19, 1950 [relating
to vocational education] together with those functions provided in any
amendments or any other laws dealing with education in the Virgin Islands
shall be lodged in the Department. The Department shall perform all present
administrative and operational responsibilities presently exercised by the
various executive departments, bureaus, independent boards, agencies, au-
thorities, commissions, and other instrumentalities of the Government of the
Virgin Islands or of the municipal governments which are herein abolished
and whose functions are herein transferred to the Department of Education."
The above quoted provisions have been omitted from this Code as no longer
necessary. All existing laws relating to education, including those cited,
have been revised to reflect the changes effected by such Executive Order,
and later provisions, and have been carried into this Code as so revised. See
other sections in this chapter, and see Title 17.
Changes were made in phraseology and arrangement.
-Prior law; Exec. Order No. 1. eff. Jan. 10, 1955. Provisions similar to those
of section 2(d) of Exec. Ord. No. 9, eff. July 21, 1955. from which this sec-
tion was taken, were contained in section 2(d) of Exec. Ord. No. 1, eff.
Jan. 10, 1955. See note under section 61 of this title.
-Prior law; Apprenticeship Board of Virgin Islands. Act Leg. Assem. app.
May 18, 1949 (Bill no. 6), 2, created, in connection with the administration
of apprenticeship standards and provisions, an Apprenticeship Board of the
Virgin Islands, and provided for its composition, and for the appointment,
qualifications, tenure of office, and expenses of its members. Such Board was
abolished by the Executive Orders referred to above.
-Prior law; 1921 Codes. Previous provisions on this subject were contained
in the 1921 Codes, Title 1, ch. II, 2b, 2h; Title 2, ch. 35.
Director of the Budget, transfer of Office. Transfer of Office of the Director
of the Budget from Department of Finance to Office of the Governor, see Exec.
Order No. 27-1957, issued Dec. 3, 1957, and effective Jan. 1, 1958, set out as a
note under section 177 of this title.
CROSS REFERENCES
Apprenticeship. Apprenticeship programs, administration by Apprentice-
ship and Training Council within Department of Agriculture and Labor, see
section 381 et seq. of Title 17.
Functions of Department and Commissioner. For more specific provisions
regarding functions of the Department of Education, and the Commissioner
of Education, see Title 17.
Personnel Merit System laws. Personnel Merit System laws as subject to
subsec. (a) (6) of this section, see section 457 of this title.
Powers and duties of department heads. The heads of the executive depart-
ments to have such powers and duties as may be prescribed by the Legisla-
ture, see section 16(c) of the Revised Organic Act of the Virgin Islands,
approved July 22, 1954 (48 U.S.C. 1597(c)), set out preceding Title 1.
Schools under Department of Education. All public educational institutions,
except private, parochial, and denominational educational institutions to be
under the Department of Education, see Title 17.
8
T.3 96
EDUCATION LAW
Ch. 7
DEPARTMENT OF EDUCATION
Transfer of records, property, etc. For provisions relating to transfer of
records, property, personnel, and functions as the result of the enactment of
this Code, see note preceding chapter 1 of this title.
97. Virgin Islands Board of Education-Continuation
(a) The Virgin Islands Board of Education, as heretofore estab-
lished within the Department, is continued within the Department.
Composition; appointment and qualifications of members
(b) The Board shall be composed of eight members as follows:
(1) Seven members appointed by the Governor with the
advice and consent of the Legislature; and
(2) The Commissioner of Education, who shall be a member
ex officio, and who shall serve as secretary of the board.
Of the members appointed by the Governor, three shall be citizens
residing in Saint Thomas, three shall be citizens residing in
St. Croix, and one shall be a citizen residing in Saint John.
Terms of members; vacancies
(c) All members shall serve for a period of two years, except
that any person appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed only for the remainder of such term. Each mem-
ber shall serve until the appointment and qualification of his suc-
cessor.
Chairman
(d) The Board shall elect annually one of its members to serve
as its Chairman.
Removal of members
(e) The members may be removed by the Governor for cause.-
Amended May 16, 1957, No. 160, 9, 108; June 24, 1958, No. 335,
3(a) (b) ; June 7, 1961, No. 700, 3, Sess. L. 1961, p. 50.
HISTORY
Amendments-1961. Subsec. (c) amended by Act June 7, 1961, cited above,
which substituted "All members shall serve for a period of two years," for
"After completion of the initial staggered terms of two years, and four years,
respectively, heretofore provided for, all members appointed by the Governor
shall serve for terms of two years, except that those appointed by him to fill
the vacancies caused by the expiration of such initial staggered terms of two
years shall serve for a transitional term of three years, and".
-1958. Subsec. (b) added by section 3(a) of Act June 24, 1958, cited
above.
Subsec. (d) amended by section 3(b) of Act June 24, 1958, cited above,
which substituted provision that Board shall elect its own chairman for pro-
vision for selection of the chairman by the Governor.
9
Ch. 7
T.3 97
EDUCATION LAW
Similar provisions. Provisions similar to those of subsec. (b) of this section,
as added by Act June 24, 1958, cited above, and to those of subsec. (d) of this
section, as amended by such Act, were contained in Act Jan. 2, 1958, No. 255,
which was repealed by section 26 of Act June 24, 1958, cited above.
Replacement of certain incumbents. Section 2 (p. 50) of Act June 7, 1961,
cited above, provided:
"Notwithstanding the provisions of subsection 97(c), Title 3 of the Virgin
Islands Code [subsec. (c) of this section], relating to tenure of members, the
Governor may replace any incumbent serving on the said Board on the effec-
tive date of this Act [June 7, 1961]. Each new appointment hereunder shall
be only for the remainder of the term for which the incumbent being replaced
was originally appointed. Thereafter, the terms of members of the Board shall
be in accordance with the provisions of said subsection 97(c), Title 3 of the
Virgin Islands Code."
-1957. Subsec. (b), which related to composition of the Board, and to the
Board, and to the appointment and qualifications of its members, was struck
out by Act May 16, 1957, 108, cited above. For preservation by such sec-
tion 108 of existing laws on the subject, see note preceding chapter 1 of this
title, and for citations of such laws, see Revision note below.
Subsec. (c) amended by Act May 16, 1957, 9, to reduce the ultimate tenure
of members to two years.
Termination of tenure on September 1, 1957. Terms of all incumbents serving
on boards and commissions to expire on September 1, 1957, the effective date
of this Code, see note preceding chapter 1 of this title.
Revision note. Based on the Governor's Exec. Ord. No. 9, 2(e), eff. July 21,
1955, such Order having been issued under authority of section 16(a) of the
Revised Organic Act of the Virgin Islands, approved July 22, 1954 (48 U.S.C.
1597(a)), set out preceding Title 1.
Section is taken from part of section 2(e) of Exec. Ord. No. 9, referred to
above, and such part is reworded to continue, within the Department of
Education, the Virgin Islands Board of Education as heretofore established
within the Department by such paragraph.
Section 2(e) of Exec. Ord. No. 9, referred to above, and section 2(e) of
Exec. Ord. No. 1, eff. Jan. 10, 1955 (see prior law note below), provided, in
connection with appointments to the Board, for initial staggered terms of
two years and four years, respectively, after which the terms of all members
should be four years. As the first appointments have already been made,
subsec. (c) of this section rewords such provisions to provide that the terms
of all members shall be four years after completion of the initial staggered
terms heretofore provided for. The exception in such subsection with respect
to filling vacancies for unexpired terms is new, and has been inserted to
supply an apparent deficiency in the law as set out in the executive orders
referred to above. Section 5 of chapter 1 of the School Law of 1940 (Act
Leg. Assem. app. Jan. 25, 1940 (Bill no. 1)) provided, with respect to mem-
bers of the former municipal School Boards (which were abolished and their
functions transferred to the Virgin Islands Board of Education by the execu-
tive orders referred to above), for the filling of vacancies for unexpired
terms.
The additional provisions in subsec. (c) of this section providing that each
member shall serve until the appointment and qualification of his successor,
is also new, and has been inserted to supply what was considered a necessary
provision. It is a customary provision in laws relating to bodies of this type.
Section 1 of chapter 1 of the School Law of 1940, referred to above, provided
that each member of the former municipal School Boards should serve until
his successor was appointed and elected.
Subsec. (d) of this section, relating to the selection of a Chairman, is new,
and has been inserted as a provision considered necessary to the proper
functioning of the Board.
Subsec. (e) of this section, relating to removal of members is new, and is
inserted to clarify the authority of the Governor to act in the best interests of
the Department, the Board, and education generally.
10
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DEPARTMENT OF EDUCATION
Changes were made in phraseology and arrangement.
Other parts of section 2(e) of Exec. Ord. No. 9, eff. July 21, 1955, have
been carried into Title 17. See Distribution Table.
-Prior law. Other provisions on this subject were contained in the 1921
Code of St. Thomas and St. John, Title I, ch. 2, 3, as amended by Ords.
Col. C. St. T. and St. J. app. Aug. 31, 1922, and Feb. 26, 1929, respectively, and
by Ord. Mun. C. St. T. and St. J. app. Apr. 25, 1938; 1921 Code of St. Croix,
Title I, ch. 2, 3(a); Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1); and Exec.
Ord. No. 1, 2(e), eff. Jan. 10, 1955.
CROSS REFERENCES
Abolishment of prior boards. Abolishment of prior boards, commissions, etc.,
by Exec. Ords. Nos. 1 and 9, respectively, referred to above, see notes under
section 61 of this title.
Functions of Board. Functions of Virgin Islands Board of Education, see
Title 17.
Per diem and travel expenses. Per diem and travel expenses of members of
boards, commissions and authorities, see section 65 of this title.
97a. Same; expeditious filling of vacancies
For the purposes of promoting effective management of the
Board of Education and the faithful execution of the laws of the
Virgin Islands, the Governor of the Virgin Islands shall act ex-
peditiously to submit to the Legislature the appointment of mem-
bers to fill vacancies in the membership of the said Board resulting
from expiration of term or other cause.-June 7, 1960, No. 700,
1, Sess. L. 1961, p. 50.
98. Meetings of Board; quorum; procedure
(a) The Virgin Islands Board of Education shall fix the dates
for its regular meetings which shall be held at least once every two
months. The Board shall hold special meetings as may be required.
All regular meetings of the Board shall be open to the public. The
Chairman shall call a special meeting upon the written request of
three members, or upon the written request of the Commissioner,
and the Chairman may call such a meeting on his own motion.
(b) The business which the Board is authorized to transact
shall be done at regular or special meetings at which not less than
five members are present, and no act shall be valid unless voted
for by an affirmative vote of a majority of the members present,
and a true record made of such votes.
(c) The Board shall adopt rules and regulations for the conduct
of its proceedings. It shall keep a record book of its meetings. The
minutes of all meetings shall be certified by the Secretary.
(d) Any measure adopted or any decision reached by the Board
shall be set forth in writing as an order of the Board. Each order
shall be transmitted by the Chairman to the Commissioner for his
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EDUCATION LAW
guidance and distribution to interested parties.-Amended June 24,
1958, No. 335, 3(c).
HISTORY
Amendments-1958. Subsec. (a) amended by Act June 24, 1958, cited above,
which inserted sentence providing that all regular meetings of the Board shall
be open to the public.
Revision note. Section is new, in so far as provisions in the Governor's Exec.
Ord. No. 9, 2(e), eff. July 21, 1955, and his Exec. Ord. No. 1, 2(e), eff.
Jan. 10, 1955 (both of which created the Virgin Islands Board of Education,
and prescribed its functions), were concerned, and is inserted because of the
seeming advisability of prescribing a method by which the Board shall operate.
Much of the language of this section was suggested by provisions in the
School Law of 1940 (Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1)), which
created and prescribed the procedure and functions of the former municipal
School Boards, which were abolished later by the Executive Orders referred
to above, their functions having been transferred by such Orders to the
Virgin Islands Board of Education created thereby. The provision in sub-
sec. (a) of this section that the Board shall fix the dates for its regular
meetings, and that such meetings shall be held at least once every two months,
is taken from section 2 of chapter 1 of such Act. Subsec. (b) of this section,
relating to a quorum, a majority vote of those present, and the making of
a true record of such votes, is substantially the same as the provisions in
section 1 of chapter 1 of such Act, except that, whereas that Act provided for
a quorum of three members with respect to each former School Board, sub-
sec. (b) of this section provides for a quorum of five members. The former
Boards were composed of five members each; and the Head of the Depart-
ment of Education in each former municipality, while he was required to
attend meetings, act as Secretary, take part in discussions, and make recom-
mendations, was not a Board member and had no vote. The present Virgin
Islands Board of Education is composed of eight members, including the
Commissioner of Education as a member ex officio (see section 97 of this
title).
Subsections (c) and (d) of this section are substantially similar to pro-
visions in sections 1 and 2 of chapter 1 of the School Law of 1940, referred
to above, except for changes in terms.
The provisions in subsec. (a) of this section relating to special meetings
and the manner of calling them represent the principal departure from the
provisions on the same subject in the School Law of 1940. Section 3 of
chapter 1 of that Act prescribed a somewhat detailed and restrictive pro-
cedure with respect to calling special meetings. It provided that such a meet-
ing might be called by the Chairman by written notice from him to each
member of the School Board, a copy of which was required to be given.to
the "Head of the Department of Education" at least twenty-four hours prior
to the time for the meeting, or by written notice signed by a majority of the
School Board and delivered to each member of the Board, a copy of which
was required to be given to the Head of the Department of Education at
least twenty-four hours prior to the time of the meeting. It contained a
proviso, however, that a meeting might be held upon immediate notification,
if each member had signed in the official record of the Board the "Waiver of
notice". The language in subsec. (a) of this section is simpler, and has been
suggested by section 186: 4 of Title XV of the Revised Statutes Annotated
of New Hampshire which provides in connection with the operations of the
State Board of Education-a part of that State's Department of Education-
that the Chairman thereof shall call a special meeting upon the written
request of any two members of the Board (which is composed of seven
members), or on his own motion. Since, including the Commissioner as a
member ex officio, there are eight members of the Virgin Islands Board of
Education, it would seem that a requirement that a minimum of three
members must request a special meeting, before being called, is reasonable,
12
T.3 98
Ch. 7
DEPARTMENT OF EDUCATION
and this is what subsec. (a) specifies. Further, it is provided in such sub-
section that in addition to the right of the Chairman to call a special meeting
on his own motion (which, as stated above, is also contained in the New
Hampshire statute), such a meeting shall be called upon the written request of
the Commissioner of Education. It was felt that, inasmuch as the Board
is a unit within the Department of Education, and the Commissioner is the
head of the Department and is responsible for the proper administration
thereof, the Commissioner should have this right. The former municipal
School Boards were independent boards.
-Prior law; School Law of 1940. The provisions in the School Law of 1940
(Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1, 1 (part), 2 (part), 3 ),
referred to in note above, have been omitted from this Code as obsolete, having
been superseded by the Executive Orders referred to above. As stated, however,
such provisions have suggested some of the language in this section.
Rules and regulations. Text of rules and regulations of the Board of Edu-
cation for the conduct of its proceedings, issued under authority of subsec.
(c) of this section, see Title 3, V.I. Rules and Reg., 98-1.
CRoss REFERENCES
Functions of Board. Functions of Virgin Islands Board of Education, see
Title 17.
99. Virgin Islands Board for Vocational Education-Continuation
(a) The Virgin Islands Board for Vocational Education, hereto-
fore established, is continued, and is transferred to the Depart-
ment. This transfer is for administrative purposes only.
Composition; appointment and qualifications of members
(b) The Board shall be composed of six members appointed by
the Governor with advice and consent of the Legislature, two of
whom shall be citizens residing in Saint Thomas, one shall be a
citizen residing in Saint John, and three shall be citizens residing
in Saint Croix.
Terms of members; vacancies
(c) All members shall serve for a period of two years, except
that any person appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed only for the remainder of such term. Each
member shall serve until the appointment and qualification of his
successor.
Chairman
(d) The Board shall elect annually one of its members to serve
as its chairman.
Compensation and expenses
(e) The members of the Board shall serve without compensa-
tion, but the provisions of section 65 of this title shall apply to such
members.
Ch. 7
T.3 99
Removal of members
(f) The members may be removed by the Governor for cause.
Personnel; compensation
(g) The Board may appoint, fix the compensation of, and
prescribe the duties of, such officials, supervisors, and other per-
sonnel as may be necessary to carry out the provisions of local and
Federal law relating to vocational education and vocational re-
habilitation.
Status, powers, and duties
(h) The Board shall have such status and powers and shall
perform such duties and functions as are prescribed or required by
local and Federal law.-Added May 16, 1957, No. 160, 10;
amended May 16, 1957, No. 160, 108; June 24, 1958, No. 335,
4; June 7, 1961, No. 703, 3, Sess. L. 1961, p. 53.
HISTORY
Amendments-1961. Subsec. (c) amended by Act June 7, 1961, cited above,
which substituted "All members shall serve for a period of two years" for "All
members of the Board shall serve for terms of two years".
-1958. Subsec. (b) added by section 4(a) of Act June 24, 1958, cited
above.
Subsec. (d) amended by section 4(b) of Act June 24, 1958, cited above,
which substituted provision that Board shall elect its own chairman for pro-
vision for selection of the chairman by the Governor.
Similar provisions. Provisions similar to those of subsec. (b) of this section,
as added by Act June 24, 1958, cited above, and to those of subsec. (d) of this
section, as amended by such Act, were contained in Act Jan. 2, 1958, No. 256,
which was repealed by section 26 of Act June 24, 1955, cited above.
Replacement of certain incumbents. Section 2 (p. 53) of Act June 7, 1961,
cited above, provided:
"Notwithstanding the provisions of subsection 99(c), Title 3 of the Virgin
Islands Code [subsec. (c) of this section], relating to tenure of members,
the Governor may replace any incumbent serving on the said Board on the
effective date of this Act [June 7, 1961]. Each new appointment hereunder
shall be only for the remainder of the term for which the incumbent being
replaced was originally appointed. Thereafter, the terms of members of the
Board shall be in accordance with the provisions of said subsection 99(c),
Title 3 of the Virgin Islands Code."
-1957. Section was added by Act May 16, 1957, 10, cited above; and the
provisions which it contained with respect to composition of the Board and the
appointment and qualifications of its members followed for the most part
those in Act of the Legislative Assembly approved September 19, 1950
(Bill no. 7). However, subsec. (b), which contained the said provisions, was
struck out by section 108 of such Act of May 16, 1957, cited above. For
preservation by such section 108 of existing laws on the subject, see note
preceding chapter 1 of this title.
Termination of tenure on September 1, 1957. Terms of all incumbents serving
on boards and commissions to expire on September 1, 1957, the effective date
of this Code, see note preceding chapter 1 of this title.
Prior law; vocational education and vocational rehabilitation. Other provi-
sions on the subject of administration of vocational education and vocational
14
T.3 99
EDUCATION LAW
Ch. 7
DEPARTMENT OF EDUCATION
rehabilitation were contained in Exec. Order No. 1, 2(e), eff. Jan. 10, 1955;
Act Mar. 28, 1955, No. 18; and Exec. Order No. 9, 2(e), eff. July 21, 1955.
See note under section 94 of this title.
CROSS REFERENCES
Functions of Board. Functions of Virgin Islands Board for Vocational Educa-
tion, see Title 17.
99a. Same; expeditious filling of vacancies
For the purposes of promoting effective management of the
Virgin Islands Board for Vocational Education and the faithful
execution of the laws of the Virgin Islands, the Governor of the
Virgin Islands shall act expeditiously to submit to the Legislature
the appointments of members to fill vacancies in the membership
of the said Board resulting from expiration of term or other cause.
-June 7, 1961, No. 703, 1, Sess. L. 1961, p. 52.
100. Rules and regulations of Commissioner
The Commissioner may prescribe rules and regulations, not in-
consistent with law or other regulations authorized by law, for
the proper administration of the Department, the conduct of its
officers and other personnel, the distribution and performance of
its business, and the custody, use, and preservation of the records,
papers and property appertaining to it.
HISTORY
Revision note. Section is new, and is inserted for the purpose of supplying a
necessary provision with respect to functions of the Commissioner.
Section 16(c) of the Revised Organic Act of the Virgin Islands, approved
July 22, 1954 (48 U.S.C. 1597(c)), set out preceding Title 1, provides in
part that the Commissioners of the several departments shall have such
powers and duties as may be prescribed by the Legislature, and it would
seem that the authority to prescribe rules and regulations for the proper
operation of their respective departments should be provided by statute for
the purpose of amplifying the provisions requiring the departments to be
administered under their supervision and direction (see section 92(c) of this
title).
Section 4 of chapter 2 of the School Law of 1940 (Act Assem. Jan. 25,
1940 (Bill no. 1)) directed the "Heads" of the former two municipal Depart-
ments of Education to prescribe and enforce rules not inconsistent with law
or regulations prescribed by the former two municipal School Boards estab-
lished by that Act. Sections 2(d), respectively, of Exec. Ord. No. 1, eff.
Jan. 10, 1955, and Exec. Ord. No. 9, eff. July 21, 1955 (see note under sec-
tion 61 of this title), while lodging the functions provided in such School
Law of 1940, and other laws, in the single Department of Education estab-
lished by sections 2(a), respectively, thereof, did not specifically provide, nor
did any other sections thereof specifically provide, for the transfer to the
Commissioner of such single department, of the functions provided in such
laws with respect to such former "Heads" of the former municipal Depart-
ments of Education. But it would seem that rules and regulations for the
single department should, as a general rule, emanate from the Commissioner,
as the head of the Department, hence the insertion of this section which is
15
Ch. 7
T.3 100
T.3 100
EDUCATION LAW
patterned to some extent upon section 22 of Title 5 U. S. C., relating to the
heads of executive departments in the Federal Government.
The provision that the rules and regulations to be prescribed under this
section shall not be inconsistent with other regulations authorized by law is
included because other regulations are so authorized. For example, provisions
in section 2(e) of Exec. Ord. No. 9, eff. July 21, 1955 (as well as in sec-
tion 2(e) of Exec. Ord. No. 1, eff. Jan. 10, 1955), which have been carried
into Title 17, authorized the single Virgin Islands Board of Education
established within the Department by that section, which among other things
assumed the functions of the former School Boards referred to above, to
"establish and determine by general regulations the qualifications to be
possessed by persons engaged in the training of vocational education and
vocational rehabilitation programs." The Commissioner is a member ex
officio of that Board, and serves as its Secretary (see section 97 of this title).
-Prior law. Subsection g of section 2 of chapter II of Title 1 of the 1921
Codes of St. Thomas and St. John, and St. Croix, respectively, which pro-
vided that the (former) Director of Education in each municipality should
make rules and regulations for all employees of his department, has been
omitted from this Code as obsolete, or in any event covered by this section.
TITLE SEVENTEEN
Education
CHAPTER ANALYSIS SECTION
1. Classification of Schools 1
3. Virgin Islands Board of Education 21
5. Public Schools 41
7. School Year and Holidays 61
9. School Attendance 81
11. Teachers and Other Personnel 121
13. School Lunches 141
15. Scholarships 161
17. Private, Parochial and Denominational Schools 191
19. Kindergartens; Day Care Centers 221
21. Evening Schools 241
23. Vocational Education and Vocational Rehabilitation 261
25. Veterans' Education 301
27. Libraries and Museums 321
29. Scouting 361
31. Apprenticeship Standards 381
33. College of the Virgin Islands 451
35. The College of the Virgin Islands Fund 491
Chapter 1. Classification of Schools
SECTION ANALYSIS
1. Kinds of schools.
1. Kinds of schools
All schools in the Virgin Islands are classified as follows-
(1) Public schools, which are those supported by Government
funds. They shall be organized and administered by the Department
of Education;
(2) Private schools, which are those supported by private funds;
T.17 1
EDUCATION LAW
Ch. 1
(3) Parochial and denominational schools, which are those sup-
ported by recognized parishes or religious communities, both of
high moral standard.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 3, 1.
Changes were made in phraseology and arrangement.
Changes of names in this title. Throughout this title "Head of the Depart-
ment of Education", "Director", and "Superintendent" were changed to "Com-
missioner of Education", and "School Board" was changed to "Board of Educa-
tion" upon authority of the Governor's Exec. Ord. No. 9, 2(a). See section 92
of Title 2 and notes thereunder.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
1, as amended by Ord. Col. C. St. T. and St. J. app. Oct. 24, 1921, and Ord.
Col. C. St. T. and St. J. app. Aug. 31, 1922.
Chapter 3. Virgin Islands Board of Education
SECTION ANALYSIS
21. Powers and duties of Board.
22. Visitation of schools.
23. Hearings by Board; compulsory attendance of witnesses.
21. Powers and duties of Board
(a) The Virgin Islands Board of Education has authority and
jurisdiction to-
(1) recommend the establishment of public schools; prescribe
general regulations and orders; adopt curricula and courses of
study; recommend laws and amendments; recommend appropri-
ations required for the operation of the public schools and the
Department of Education; and in general to do anything necessary
for the proper establishment, maintenance, management, and
operation of the public schools of the Virgin Islands;
(2) cooperate with the Office of Education, within the United
States Department of Health, Education and Welfare, in the admin-
istration of all Acts of Congress relating to general education, and
administer all provisions of this Code relating thereto, as well as
any other legislation pursuant thereto enacted by the Legislature;
(3) approve plans for cooperating with the Federal Govern-
ment in carrying out any or all phases of the educational program
in which it may find cooperation to be desirable;
(4) provide for the proper administration of funds which may
be appropriated by Congress and apportioned to the Virgin Islands
for any and all educational purposes;
(5) approve or disapprove, subject to the final approval of the
Governor, the recommendations made by the Commissioner of Edu-
cation to the administrator of the Personnel Merit System, under
section 121 of this title, with respect to the qualifications of teach-
ers, librarians, supervisors, and other professional personnel of the
Department;
(6) approve or disapprove, subject to the final approval of the
Governor, the rules and regulations proposed by the Commissioner
of Education, under section 121 of this title, for the certification,
selection, determination of salaries (subject to Schedule II in
section 551 of Title 3), and appointment of teachers, librarians,
supervisors, and other professional personnel of the Department;
and
EDUCATION LAW
(7) do all things necessary to entitle the Virgin Islands to
receive the benefits of all funds appropriated to the Virgin Islands
under the Acts of Congress referred to in this section.
(b) The Board shall perform such other functions as may be
prescribed or required by local or Federal law.-Amended May 16,
1957, No. 160, 33, Sess. L. 1957, p. 29; June 30, 1958, No. 323,
2, Sess. L. 1958, p. 100.
HISTORY
Codification. Reference in paragraph (a)(6) to "Schedule IV" was changed
to "Schedule II" pursuant to Act June 30, 1958, No. 323, 2.
Amendments-1957. The 1957 amendment struck out an original section 21
of this title, and renumbered this section, which was originally section 22, as
section "21".
Subsec. (a): The 1957 act amended paragraphs (5) and (6) to clarify the
provisions with respect to the functions prescribed therein.
Subsec. (b): The 1957 amendment substituted "as may be prescribed or
required by local or Federal law" for "as the Commissioner prescribes or which
may be prescribed by Federal law".
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1949 (Bill no. 1),
ch. 1, 4; and the Governor's Exec. Ord. No. 9, 2(e), eff. July 21, 1955, as
amended by Act Oct. 10, 1956, No. 143, 2, such Order having been issued
under authority of section 16(a) of the Revised Organic Act of the Virgin
Islands, approved July 22, 1954, set out preceding Title 1.
Paragraph (1) is from the School Law of 1940, ch. 1, 4, with minor
changes.
Section 2(e) of Exec. Order No. 1, eff. Jan. 10, 1955, which Order was super-
seded by Exec. Order No. 9, referred to above, contained a provision that the
Virgin Islands Board of Education established by that section should have
authority and jurisdiction to "cooperate with the municipalities in the mainte-
nance of schools, departments, or classes or to establish such schools, depart-
ments, or classes under its own direction and control". No such provision was
contained in section 2(e) of Exec. Order No. 9. The "Municipalities", referred
to in Exec. Order No. 1, were abolished by the Revised Organic Act of the
Virgin Islands, approved July 22, 1954, set out preceding Title 1.
The provisions of the above-cited section 2(e) of Exec. Ord. No. 9, eff.
July 21, 1955, as amended by Act Oct. 10, 1956, No. 143, 2, relating to the
powers of the Board in the field of vocational education and vocational reha-
bilitation have been omitted as superseded and covered by chapter 23 of this
title and section 99 of Title 3.
The last sentence of the first paragraph of section 2(e) of Exec. Ord. No. 9,
eff. July 21, 1955, referred to above, as well as the corresponding sentence in
section 2(e) of Exec. Ord. No. 1, eff. Jan. 10, 1955, provided that "The [Virgin
Islands] Board [of Education] herein established shall perform such functions
as have heretofore been performed by the Committee on Education of the
Virgin Islands. and The School Boards of St. Thomas and St. Croix". This
provision has been omitted from this Code as no longer necessary. All existing
laws relating to education have been revised to reflect the changes effected by
such Orders and carried into this Code.
Changes were made in phraseology and arrangement.
-Prior law. Provisions similar to the provisions of section 2(e) of Exec.
Ord. No. 9, referred to above, from which this section was partly derived, were
contained in section 2(e) of Exec. Ord. No. 1, eff. Jan. 10, 1955. See note under
section 61 of Title 3.
For additional citations of prior laws on the subject of powers and duties of
former departments, boards, etc., in the field of education, see notes under
sections 92, 94, 97 and 98 of Title 3.
Ch. 3
T.17 21
BOARD OF EDUCATION
Study of higher educational problems by Board. Act June 6, 1956, No. 121,
directed the Board of Education to study ways and means of providing higher
educational facilities for the young men and women of the Virgin Islands and
to report thereon to the Governor for transmission to the Legislature in 1957.
Regulations. For text of regulations governing educational matters gener-
ally, issued under authority of subsec. (a)(1)(6) of this section and section
98(d) of Title 3, see the following:
Educational matters generally, Title 17, V. I. Rules and Reg., 21-1.
Teachers, librarians, supervisors and other personnel, Title 17, V. I. Rules
and Reg., 21-21 to 21-24.
CROSS REFERENCES
Department of Education, powers and duties. Powers and duties of the
Department of Education, see section 97 of Title 3.
Status of Board. Virgin Islands Board of Education as being within the
Department of Education, and additional provisions relating thereto, see sec-
tion 98 of Title 3.
22. Visitation of schools
The Virgin Islands Board of Education shall visit each school
while in session at least once a year.-Amended May 16, 1957,
No. 160, 33, Sess. L. 1957, p. 29.
HISTORY
Amendments-1957. The 1957 amendment renumbered section, originally
section 23, as "22".
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 2, 2, last sentence.
23. Hearings by Board; compulsory attendance of witnesses
(a) The Virgin Islands Board of Education shall have the power,
and it shall be the duty thereof, to hear complaints and appeals
within 30 days of the date of the act complained of, to issue sub-
poenas, summon and examine witnesses regarding school matters,
to compel their attendance at any meeting of the Board, and the
Chairman or Secretary may administer oaths and take sworn testi-
mony regarding such matters. No subpoena shall be returnable in
less than five days and no person shall be denied the right of repre-
sentation by counsel.
(b) All appeals and complaints made to the Board of Education
shall be in writing and subscribed and sworn to.
(c) All decisions rendered by the Board of Education in appeal
cases or on complaints shall be final, unless reviewed by the
Governor.-Amended May 16, 1957, No. 160, 33, Sess. L. 1957,
p. 29.
HISTORY
Amendments-1957. The 1957 amendment renumbered section, originally
section 24, as "23".
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 1, 5.
Ch. 3
T.17 23
T.17 23
EDUCATION LAW
Ch. 3
Section is derived from all of the above-cited section 5 of chapter 1 of the
School Law of 1940, except the first sentence thereof which related to vacancies
on the Board. That sentence was originally covered by subsection (b) of section
97 of Title 3, but such subsection was struck out by another section of Act
May 16, 1957, cited above. See such section 97, and amendment note thereunder.
The provision that complaints and appeals must be made within 30 days of
the date of the act complained of, and the words "unless reviewed by the Gov-
ernor", which follow after the provision in subsec. (c) with respect to finality
of decisions of the Board, were inserted on recommendation of the Citizens
Committee on Education, and the Code Advisory Committee.
As reworded, section also provides that "it shall be the duty" of the Board to
hear the complaints and appeals, rather than merely providing, as formerly,
that the Board should have the power so to do.
"Vice Chairman" was changed to "Secretary" so that Secretary might
administer oaths or take testimony in absence of Chairman.
Changes were made in phraseology.
Chapter 5. Public Schools
SECTION ANALYSIS
41. Courses of study.
42. Free school books; responsibility for return.
43. Failure to submit registers, reports, etc.
44. Care of school buildings, equipment, supplies, etc.
45. Use of buildings and properties for civic and social pur-
poses.
46. High school equivalency program.
47. Industrial-art training in St. John-Curriculum.
48. -Priority in industrial-art training.
49. -Teachers and equipment for industrial-art training in
St. John.
50. -Rules and regulations to effectuate sections 47-51.
51. -Availability of funds for carrying out sections 47-51.
52. Inclusion of ninth grade at Cruz Bay School.
53. -Availability of funds for purposes of sections 52 and 53.
54. Musical bands within high schools-Instructors and equip-
ment.
55. -Availability of funds for bands.
56. -Rules and regulations to effectuate sections 54-56.
57. Alcohol Education Week-Designation.
58. -Instructions concerning use of alcoholic beverages and
narcotics.
59. -Duty of Commissioner of Education.
60. -Observance of alternate week.
PRESERVATION AND CONTINUANCE OF EXISTING SCHOOLS
Section 97(a) of Act May 16, 1957, No. 160, Sess. L. 1957, p. 58 (which by
section 1 thereof enacted this Code into law), provided:
"All public, private, parochial, and denominational schools shall continue in
operation and shall be deemed to have complied with the requirements of
Title 17 [this title] of the Virgin Islands Code as of the date it becomes effec-
tive [Sept. 1, 1957], and shall continue to exist so long as they comply with the
specific provisions of such title relating to each type of school."
Bonds for school construction. Issuance of bonds or other obligations for
school construction, see Act Oct. 30, 1964, No. 1259, set out as a note preceding
chapter 1 of Title 19.
Emergency school construction. Act Oct. 30, 1964, No. 1255, Sess. L. 1964,
p. 416, provided:
Section 1. The Legislature hereby finds and declares:
"(a) That the Government of the Virgin Islands has constructed numbers
of new classrooms between the academic years 1959-60 and 1963-64, as well
as other plant facilities, such as the Grove Place School and a five room
EDUCATION LAW
addition to the Christiansted Elementary School, which are in the process of
being built.
"(b) These efforts notwithstanding, the following underlying problems,
operating in concert have traditionally impeded the Department of Educa-
tion's school construction program:
"(1) cost of construction;
"(2) construction time; and
"(3) limited financing.
"(c) The Legislature is satisfied that public classroom needs will be met
only to the extent that the aforementioned problems can be overcome, and that
the school construction program on a crash basis hereinafter set forth con-
stitutes the most feasible approach to the resolution of such problems.
"(d) That the Legislature has taken into consideration the report entitled
'A Proposal for Expediting a School Construction Program in the United
States Virgin Islands' addressed to the Governor of the Virgin Islands,
annexed hereto as Appendix 'A'.
"Section 2. The Governor of the Virgin Islands, on behalf of the Govern-
ment of the Virgin Islands, and through such department or departments,
agency or agencies of such Government as he may designate, is hereby
authorized to undertake a program of construction of public schools in the
Virgin Islands on a crash basis, in accordance with the provisions of this Act.
The particular objectives of this program shall be:
"(a) to provide, on a priority basis, an estimated 104 classrooms, elementary
and secondary, required between September 1964 and academic year 1968-69;
"(b) to effect such economies as are consistent with sound educational
planning and the Territory's ability to finance such a construction program;
"(c) to construct needed schools in the shortest period of time possible.
"Section 3. In order to carry out and effectuate the purposes of this Act, the
Governor is hereby authorized:
"(1) To implement and expedite the proposed school building program re-
flected in analyses and research investigations completed by the Department
of Education, said program to include the acquisition of necessary sites and
construction of an estimated 104 classrooms, elementary and secondary.
"(2) To arrange for the purchase of equipment needed to make the above-
mentioned classrooms educationally functional.
"(3) To improve, extend, better, repair and reconstruct existing or newly-
acquired schools and school sites.
"(4) To negotiate and execute contracts and other instruments with
architects or engineers, convenient to the exercise of the powers conferred by
this Act.
"(5) To participate in any programs, present or future, of the Federal
Government in fields of school building construction and/or equipment in which
the Virgin Islands Government may be eligible to participate.
"Section 4. The proceeds of the sale of any general obligation bonds, or
other evidences of indebtedness authorized by law, including notes issued in
anticipation of the issuance of bonds, interim bonds, receipts, certificates of
indebtedness, or other obligations, to finance the school construction program
hereunder shall be deposited in a Special Fund in the Treasury of the Virgin
Islands, to be designated the "Special Revolving Emergency School Construc-
tion Fund" and maintained and administered by the Commissioner of Finance
as a separate and distinct fund in the Treasury. Amounts out of the said
fund shall be available for expenditure by the Commissioner of Education,
with the approval of the Governor, exclusively for the program of school con-
struction authorized by the Act, without the necessity of yearly appropriations.
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Ch. 5
PUBLIC SCHOOLS
"Section 5. (a) There is hereby created a special temporary Emergency
School Construction Committee composed of the Commissioner of Education,
the Director of the Budget, two members of the Legislature appointed by the
President of the Legislature and three members of the Board of Education, who
shall advise the Governor with respect to the program outlined herein.
"(b) The Department of Education shall report to the Legislature at each
session regular or special, the progress of the Emergency School Construction
program and other information pertaining thereto."
APPENDIX A
A PROPOSAL FOR
EXPEDITING A SCHOOL CONSTRUCTION PROGRAM
IN
THE UNITED STATES VIRGIN ISLANDS
Addressed to: Honorable Ralph M. Paiewonsky
Governor of the Virgin Islands
The school construction proposal contained herein seeks to pro-
vide at the lowest possible cost, a sufficient number of public school
classrooms to accommodate the Virgin Islands pupil population
projected for the next four years.
A. BACKGROUND
1. Background of the School Construction Problem:
The Government of the Virgin Islands has constructed numbers
of new classrooms between academic years 1959-60 and 1963-64.
(See Appendix I.) Other plant facilities, such as the Grove Place
School and a five room addition to Christiansted Elementary School,
are in the process of being built.
These efforts notwithstanding, three underlying problems, operat-
ing in concert, have traditionally impeded the Department of Educa-
tion's school construction program. The three impediments are
(1) cost of construction, (2) construction time, and (3) limited
financing. Each part of this problem trilogy may be found discussed
in depth in the 1961-62 Annual Report of the Commissioner and in
the New York University survey report, published in December
1963. The Department is convinced that public classroom needs will
be met only to the extent that the aforementioned problems can be
Ch. 3
T.17 prec. 41
overcome. We have studied them at length and offer this construc-
tion proposal in the belief that it constitutes the best approach to
their resolution.
2. Long Range Planning:
Among the many recommendations contained in the New York
University survey report is one which reads: "A master plan for
school construction should be developed. The plan should be based
upon the educational program".
The Department of Education considered this recommendation to
be a critical one. Accordingly, at the start of the 1963-64 academic
year, many hours were devoted to the preparation of a School Build-
ing Master Plan for the Territory. That document, completed and
distributed in November 1963, projected school building needs
through academic year 1973-74 and concurrently accommodated
four sub-goals of the Department:
a. To provide additional classrooms for an increasing school
population.
b. To reduce the existing pupil-teacher ratio.
c. To provide enough kindergarten rooms for the housing of all
pre-first graders.
d. To replace buildings which have outlived their educational
usefulness.
Additionally, with the assistance of Planning Board technicians,
population centers, both present and future, were identified. These
latter data suggested future school site locations and served to in-
dicate each future school's pupil capacity.
The present proposal, except for minor modifications, which
more current information demands, is based upon the Department's
Master Plan.
3. Current School Housing Problems:
The Department's enrollment report, dated September 18, 1964,
indicates a total public school enrollment of 9,270. Of this number,
5,405 are St. Thomas pupils; 231 are in St. John schools; and
3,634 are in St. Croix. The current total enrollment of 9,270 repre-
sents a significant increase over the 8,671 students reported in
June 1964.
The Department faces several immediate school housing prob-
lems. In St. Croix, the elementary division is sorely taxed owing
to an undersupply of classrooms. Fourteen rooms presently under
construction (9 at Grove Place and 5 at Christiansted) will lessen
T.17 prec. 41
EDUCATION LAW
Ch. 5
the problem but will not resolve it completely. The St. Croix
secondary school population is also increasing. This year, thanks to
additions at Christiansted and Frederiksted, we have just about
contained the secondary students in the two high school buildings.
Beginning with September 1965, the shortage of secondary class-
rooms will become increasingly more acute.
St. Thomas' biggest housing problem may be found in the Char-
lotte Amalie High School. That building currently houses a grade
7-12 enrollment of approximately 2,100. Next year, however, even
with the recently completed additions, the number of students will
begin to exceed the building's physical capacity to house them.
Several elementary buildings, notably the Madison School (located
at the Tutu area), are also experiencing overcrowding.
This brief discussion serves to indicate that a "crash" program
must be instituted immediately if we are to educate properly our
present and projected student population.
4. Future Building Needs:
The Department foresees the need for several school facilities
over the next four years. These, presented in order of priority are:
a. A 30-room elementary school, St. Croix.
b. A 35-room junior high school, St. Thomas.
c. A 10-room elementary school, St. Thomas.
d. Nine rooms (Phase 2) added to Grove Place School.
e. A 10-room elementary school, St. Thomas.
f. Ten room addition to Charles Emanuel School, St. Croix.
These additional 104 rooms are expected to meet the Depart-
ment's classroom needs through 1968-69. Their erection will permit
the gradual assignment of junior high school students to separate
buildings. The transfer of these pupils, in turn, will eliminate the
need for additional (and more costly) senior high school facilities.
5. The Need to Economize:
To date, the Department's school construction program has been
supported almost entirely by its year to year capital outlay budget.
The Government, as of this past year, enjoys bonding authority.
Accordingly, the proposal which follows assumes the availability of
bonding monies for school construction purposes.
The Department recognizes, however, that its quota of bonding
funds will be limited, a fact requiring the exercise of economy in
all future building programs. In this respect, the very successful
"economy construction" program recently instituted in Puerto Rico
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PUBLIC SCHOOLS
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EDUCATION LAW
provides an excellent model. Many of the features included in the
present proposal have been adapted from the Puerto Rican program,
one which is reported to have saved the Commonwealth some $1.4
million since 1961 and which has shortened, considerably, the time
required to erect a given school building.
B. THE PROPOSAL
In view of the fact that there exists in the Virgin Islands a
shortage of public school classrooms, it is proposed that the Govern-
ment enact special legislation for the purpose of authorizing and
expediting an accelerated school construction program.
THE PARTICULAR OBJECTIVES OF THIS PROGRAM SHALL BE:
1. To provide, on a priority basis, an estimated 104 classrooms,
elementary and secondary, required between September 1964 and
academic year 1968-69.
2. To effect such economies as are consistent with sound educa-
tional planning and the territory's ability to finance such a construc-
tion program.
3. To construct needed schools in the shortest period of time
possible.
IN ORDER TO CARRY OUT AND EFFECTUATE THE PURPOSES OF THIS
LEGISLATION, THE GOVERNOR SHOULD BE AUTHORIZED:
1. To implement and expedite the proposed school building pro-
gram reflected in analyses and research investigations completed by
the Department of Education, said program to include the acquisi-
tion of necessary sites and construction of an estimated 104 class-
rooms, elementary and secondary.
2. To arrange for the purchase of equipment needed to make the
above-mentioned classrooms educationally functional.
3. To develop and improve existing or newly-acquired school
sites.
4. To make and execute contracts and other instruments with
architects, engineers, or contractors convenient to the exercise of
the powers conferred by this legislation.
5. To participate in any programs, present or future, of the
Federal Government in fields of school building construction and/or
equipment in which the Virgin Islands Government may be eligible
to participate.
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PUBLIC SCHOOLS
6. To issue ten-year serial bonds in accordance with existing
Federal and Virgin Islands laws for the exclusive purpose of financ-
ing the emergency school construction program herein described.
There should be authorized to be appropriated in the Department
of Education the sum of $2,544,675, said funds to be raised through
the sale of serial bonds over a period of four consecutive years and
to be used exclusively for emergency school housing in the Virgin
Islands. All proceeds of the bond sale should go into a special
revolving Emergency School Construction Fund which shall be
expanded by the Commissioner of Education, with the approval of
the Governor.
There should be created a special temporary Emergency School
Construction Committee composed of the Commissioner of Educa-
tion, the Director of the Budget, and three members of the Board
of Education, who shall advise the Governor with respect to the
program outlined herein.
The Department of Education should report to the Education
Committee of the Legislature from time to time, the progress of
the Emergency School Construction program and other information
pertaining thereto.
C. APPENDIX
Attached hereto, in the form of appendices, are: (a) a recent
history of school construction in the Virgin Islands; (b) a break
down of projected school construction costs; (c) sample contract,
Performance of Work, presently used in Puerto Rico in connection
with their emergency project.
APPENDIX I
RECENT SCHOOL CONSTRUCTION HISTORY
Academic Rooms
Year School Regular Special
1959-60 Sprauve 2
1960-61 Tuitt 5 -
1961-62 Nisky 8 -
French Village 3 -
1962-63 Lockhart 32 2
1963-64 Tuitt 3 -
CAHS 9
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EDUCATION LAW
Nisky
Sprauve
Madison
C. Emanuel
CAHS
Herrick
Christiansted H. S.
Markoe
TOTALS 83
APPENDIX II
PROJECTED SCHOOL CONSTRUCTION COSTS
Project 1: Elementary School, St. Croix, 30 Rooms
30 Rooms @ 15,000
Site Development
Architect's and engineering fees
Equipment @ 2,500 per room
School Total
$450,000
5,000
18,000
75,000
$548,000
Project 2: Junior High School, St. Thomas, 35 Rooms (Phase 1)
35 Rooms @ 2,500 $ 875,000
Site Development 25,000
Architect's and engineering fees 35,000
Equipment @ 3,500 per room 122,500
School Total $1,057,500
Project 3: Elementary School, St. Thomas (Tutu), 10 Rooms
(Phase 1)
Site: 5 acres @ 10,000 $ 50,000
10 Rooms @ 15,000 150,000
Site Development 3,500
Architect's and engineering fees 6,000
Equipment @ 2,500 per room 25,000
School Total $234,500
Ch. 5
Project 4: Final Addition to Grove Place School, St. Croix (9
rooms)
1 Kindergarten room $ 33,000
8 Elementary rooms @ 20,000 160,000
Equipment @ 2,500 per room 22,500
School Total $215,500
Project 5: Elementary School, St. Thomas, 10 Rooms
10 Rooms @ 15,000 $150,000
Site Development 3,500
Architect's and engineering fees 6,000
Equipment @ 2,500 per room 25,000
School Total $184,500
Project 6: Addition to Charles Emanuel School, St. Croix (10
Rooms)
10 Rooms @ 15,000 $150,000
Site development 2,500
Architect's and engineering fees 6,000
Equipment @ 2,500 per room 25,000
School Total $183,500
Projected cost, 6 projects
Miscellaneous (financing, legal fees, fencing, etc.)
Total
$2,423,500
121,175
$2,544,675
APPENDIX III
Sample Contract (local education officials and contractors)
Used in Puerto Rico
CONTRACT OF PERFORMANCE OF WORK
By virtue of this contract entered into in the City of
Puerto Rico, the day of ,19 between
School Director of and Superintendent
of Schools of as the First Party and
as the Second Party it is stipulated and agreed as follows:
Ch. 5
PUBLIC SCHOOLS
T.17 prec. 41
1. The Second Party in consideration of the expressions herein-
after contained agrees to furnish all equipment, material and labor
necessary to complete for the First Party the work, the details
and specifications of which are completely described at the end of
this contract for the total sum of dollars in accordance
with offer to that effect by the Second Party and acceptance by
the First Party.
2. The First Party agrees to pay the Second Party for the execu-
tion and termination of the mentioned work upon its definite accept-
ance, the price stipulated in this contract in accordance with sub-
mission of the official documentation required by applicable law
and regulations relating to such payment.
3. The undersigned that is the Second Party, shall
begin the work no later than ten days after the execution of this
contract and shall terminate the same on or before
4. In the event that the Second Party does not begin the work on
the date herein specified or in the opinion of the First Party he will
not perform the work satisfactorily and diligently in accordance
with the conditions of this contract then in any such case the First
Party or its legal successor shall have authority to cancel this
contract notifying the Second Party of such action in writing; and
after so notifying the Second Party the contract shall be cancelled
subject to the provisions of sections 32, 33, and 34 of the general
conditions for Public Works contracts in effect on this date.
5. This contract cannot be transferred in whole or in part to any
other person without the written consent of the First Party, and in
event that a transfer is made without such consent, the First Party
may refuse to continue the contract either with the Assignor or
Assignee.
6. No person employed in the service of the Government of
Puerto Rico or of any of its Departments or instrumentalities may
have any interest in this contract or participate in any benefit
derived from the same.
7. No worker, mechanic or laborer of any class employed by the
contractor, subcontractor, or by any other person who makes or
has promised to make all or part of the work which is the object
of this contract may be obliged to or will be permitted to work
more than eight hours in any day except in cases of extraordinary
emergency caused by fire, floods, or danger of loss of life or
property.
T.17 prec. 41
EDUCATION LAW
Ch. 5
8. There shall be no discrimination in the performance of work
whatsoever by reason of race, color, sex, national origin or social
condition nor political or religious beliefs.
9. The description of the work which is the subject of this con-
tract is as follows: (Describe the work with all the details and the
specifications that will set out clearly the obligations of the con-
tractor).
IN TESTIMONY WHEREOF the contracting parties have ex-
ecuted the document on the date first above mentioned.
WITNESSES:
School Director
Supervisor of Schools
Contractor
Purchase of High School and Elementary School sites in St. Thomas. Ord.
Mun. C. St. T. and St. J. app. Oct. 1, 1951 (Bill no. 82), as amended by Ord.
Mun. C. St. T. and St. J. Dec. 13, 1951 (Bill no. 104), and Ord. Mun. Ct. St. T.
and St. J. app. Sept. 23, 1953 (Bill no. 285), authorized the acquisition by pur-
chase or condemnation of certain sites for a new high school plant and an
elementary school to be financed by funds made available by Public Law 510,
78th Congress. The Ordinance also authorized the Governor to sell certain
lands and the proceeds to be used to purchase the new sites.
By Ord. Mun. C. St. T. and St. J. app. Nov. 24, 1947 (Bill no. 154), the
Governor was authorized to negotiate for a public school site with the owners
of Estates Hull, Baret, and Lerkenlund.
High School Building Fund. Ord. Mun. C. St. T. and St. J. app. April 3, 1941,
created a High School Building Fund to receive monies for the eventual con-
struction of a high school in Charlotte Amalie.
Herbert E. Lockhart Memorial Athletic Field. By Ord. Mun. C. St. T. and
St. J. app. June 17, 1953 (Bill no. 249), the Governor was authorized to accept a
parcel of land in St. Thomas donated by Mrs. Karen Ingeborg Lockhart for a
high school athletic field. The Ordinance provided the site should be named the
Herbert E. Lockhart Athletic Field.
Changes in Public School Names. Res. Col. C. St. T. and St. J. app. Aug. 7,
1919, changed the names of the public schools in St. Thomas as follows:
(1) "Talitha Cunic" to "George Washington School";
(2) "Hospital gade School" to "Abraham Lincoln School";
(3) "Bjergegade School" to "Thomas Jefferson School";
(4) "Vestergade School" to "Ulysses S. Grant School";
(5) "Bon Resolution School" to "James Monroe School";
(6) "Charlotte Amalie School" to "James Madison School."
By Res. Col. C. St. T. and St. J. app. Nov. 28, 1933, the "Ulysses S. Grant
33
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EDUCATION LAW
School" name was changed to "Dober School"; and the site was also changed.
By Res. Mun. C. St. T. and St. J. app. Aug. 21, 1939, the name of the "Mafo-
lie School" was changed to "Robert Herrick School."
School at Cruz Bay, St. John. Res. June 4, 1957, No. 63, designated the
public school at Cruz Bay, St. John, theretofore unofficially known as the "Cruz
Bay School", as "The Julius E. Sprauve School".
School at Frederiksted, St. Croix. Res. May 22, 1958, No. 95, designated the
school under construction by the Federal Government at Frederiksted, St. Croix,
which would consolidate and supplant the existing grammar and junior high
schools, as the "Claude O. Markoe School".
School at King's Hill, St. Croix. Res. June 11, 1958, No. 104, designated the
school under construction by the Federal Government at King's Hill, St. Croix,
as the "Charles H. Emanuel School".
School at Estate Thomas, St. Thomas. Act Feb. 21, 1963, No. 937, 1,
changed the name of the Sugar Estate Elementary School at Estate Thomas,
St. Thomas, to the "Lockhart Elementary School".
41. Courses of study
The Virgin Islands Board of Education, upon the recommenda-
tion of the Commissioner of Education, shall prescribe the courses
of study for all public schools which shall not be less than the
minimum standards set by the acknowledged accrediting groups
in the United States: Provided, That the basic course of study for
high schools shall be academic.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 11, 1.
-Prior law. Similar provisions appeared in 1921 Codes, Title II, ch. 35,
1(d).
42. Free school books; responsibility for return
(a) The Department of Education shall supply, free of charge,
all text books to be used in the public schools, as deemed appro-
priate by the Virgin Islands Board of Education.
(b) The Commissioner of Education may require receipts from
parents or guardians of pupils for books furnished to pupils, and
parents or guardians shall be legally responsible for the return of
all books delivered to pupils, or financially responsible to the extent
of the invoice price of new books, and to the extent of one-half of
the invoice price for used books as determined by the Commissioner
of Education, if such books are lost or damaged.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 2, 5.
Changes were made in phraseology and arrangement.
-Prior law. Similar provisions for supplying and accounting for free school
books were contained in 1921 Codes, Title II, ch. 35, 9.
34
T.17 41
Ch. 5
43. Failure to submit registers, reports, etc.
If a principal or teacher fails to submit any attendance register,
record, or report required by the Commissioner of Education, the
Commissioner may, with the approval of the Virgin Islands Board
of Education, cause the salary payments of such principal or
teacher to be withheld.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1950 (Bill no. 1),
ch. 2, 6, second sentence.
Changes were made in phraseology and arrangement.
-Prior law. Section 22 of 1921 Codes, Title II, ch. 35, required that a regis-
ter be kept by the principal-teacher of each school.
44. Care of school buildings, equipment, supplies, etc.
Principals and principal-teachers are charged with the responsi-
bility during school hours for the proper care of buildings, equip-
ment, supplies, and all school properties under their supervision,
and they shall make appropriate rules to govern the use of such
properties by teachers, janitors, and pupils under their supervision,
provided that such rules shall be consistent with law and the regu-
lations prescribed by the Commissioner of Education.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 2, 6, first sentence.
Changes were made in phraseology.
45. Use of buildings and properties for civic and social purposes
(a) The Commissioner of Education may, upon written request,
grant permission for use of school buildings and properties under
the jurisdiction of the Department of Education for civic, social,
and other purposes.
(b) If such permission be denied the applicant may appeal to the
Virgin Islands Board of Education which shall have power to grant
such permission.
(c) Applicants using properties as specified herein shall be per-
sonally responsible for any damage done to such properties over and
above ordinary wear.
(d) The Virgin Islands Board of Education, by regulations, shall
prescribe the charges to be made for the use of school buildings.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 2, 7.
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PUBLIC SCHOOLS
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EDUCATION LAW
Subsection (d) is new, and is inserted on recommendation of the Citizens
Committee on Education.
Changes were made in phraseology and arrangement.
Regulations. Text of regulations issued under authority of this section, see
Title 17, V. I. Rules and Reg., 45-1.
46. High school equivalency program
The Commissioner of Education is hereby empowered and di-
rected to-
(1) hold free tests annually for the purpose of determining the
basic knowledge of the examinees in terms of the formal education
required for graduation from high school in the fundamental fields
of knowledge;
(2) announce these tests six (6) months in advance and to place
at the disposal of the candidates the facilities of the Department of
Education;
(3) admit to the said tests, without any other prerequisite, every
applicant who meets the following requirements: (a) minimum
age of twenty-one years; (b) moral qualifications the same as those
required for the granting of a high school diploma; and
(4) extend to each candidate who passes such tests, at the
standards fixed by the Commissioner of Education, a diploma which
shall, for every academic and legal purpose, be equivalent to a high
school diploma.
HISTORY
Revision note. Based on Act May 24, 1956, No. 85, 1.
47. Industrial-art training in St. John-Curriculum
The Department of Education is authorized and directed to in-
clude in the curriculum of Cruz Bay and the Benjamin Franklin
Public Schools on the Island of Saint John, the teaching of Indus-
trial Arts, including carpentry, masonry, mechanics, sheet metal,
electricity and leather craft.-June 19, 1957, No. 209, 1, Sess. L.
1957, p. 121.
48. -Priority in industrial-art training
Within the limitations of the annual budget of the Department of
Education, the Department of Education shall give priority to the
teaching of carpentry, masonry, mechanics, sheet metal, electricity
and leather craft, over basketry and broom-making, in conformity
with standard school programs.-June 19, 1957, No. 209, 2, Sess.
L. 1957, p. 121.
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PUBLIC SCHOOLS
49. -Teachers and equipment for industrial-art training in
St. John
The Department of Education is authorized to employ all such
necessary instructors or teachers and to purchase such supplies and
equipment as may be necessary in connection with the teaching of
Industrial Arts in the schools specified in sections 47-51 of this
title.-June 19, 1957, No. 209, 3, Sess. L. 1957, p. 121.
50. -Rules and regulations to effectuate sections 47-51
The Commissioner of Education is authorized to issue such rules
and regulations as may be necessary and appropriate to effectuate
the purposes of sections 47-51 of this title.-June 19, 1957, No.
209, 4, Sess. L. 1957, p. 122.
51. -Availability of funds for carrying out sections 47-51
Funds for the purpose of carrying out sections 47-51 of this
title shall be made available by appropriations of the Legislature in
the annual budget for the Department of Education.-June 19,
1957, No. 209, 5, Sess. L. 1957, p. 122.
52. Inclusion of ninth grade at Cruz Bay School
The Department of Education is authorized and directed to pro-
vide for the establishment of instruction at Ninth Grade level at
the Cruz Bay School, Saint John, Virgin Islands.-May 27, 1957,
No. 210, 1, Sess. L. 1957, p. 122.
53. -Availability of funds for purposes of sections 52 and 53
Funds for the purposes of sections 52 and 53 of this title shall be
made available by appropriations of the Legislature in the Annual
Budget for the Department of Education.-May 27, 1957, No. 210,
2, Sess. L. 1957, p. 122.
54. Musical bands within high schools-Instructors and equip-
ment
The Department of Education of the Virgin Islands is authorized
and directed to establish musical bands within the public high
schools in the Virgin Islands, including the employment of neces-
sary or appropriate instructors, instruments, equipment, accesso-
ries or other facilities.-April 29, 1957, No. 154, 1, Sess. L. 1957,
p. 15.
Ch. 5
T.17 54
EDUCATION LAW
55. -Availability of funds for bands
Funds for the establishment of bands in the public high schools
pursuant to sections 54-56 of this title shall be made available by
the Legislature of the Virgin Islands out of available revenues
appropriated for the expenses of the Department of Education for
any fiscal year.-April 29, 1957, No. 154, 2, Sess. L. 1957, p. 15.
56. -Rules and regulations to effectuate sections 54-56
The Commissioner of Education shall be authorized to issue all
rules and regulations, not inconsistent with the provisions of sec-
tions 54-56 of this title, necessary or appropriate for the effectu-
ation of the purposes of said sections.-April 29, 1957, No. 154, 3,
Sess. L. 1957, p. 15.
HISTORY
Regulations. Text of regulations issued under authority of this section, see
Title 17, V. I. Rules and Reg., 56-1.
57. Alcohol Education Week-Designation
The school week following the first Sunday in February of each
year is hereby designated as Alcohol Education Week in the public
schools of the Territory of the Virgin Islands.-June 12, 1961,
No. 723, 1, Sess. L. 1961, p. 74.
58. -Instructions concerning use of alcoholic beverages and nar-
cotics
During this week, each school principal or other designated per-
son shall instruct each class from the seventh grade upward for at
least 30 minutes on 3 days concerning the risks and dangers
involved in the use of alcoholic beverages and narcotics. The prin-
cipal, or some other designated person, shall also have at least one
assembly session during the week of not less than 45 minutes, at
which time the subject of the dangerous effect of alcohol shall be
presented.-June 12, 1961, No. 723, 2, Sess. L. 1961, p. 74.
59. -Duty of Commissioner of Education
The Commissioner of Education shall each year call to the atten-
tion of each school principal Alcohol Education Week, and shall
through the Division of Education Programs provide suitable
printed materials and other aids for use in the observance of the
week.-June 12, 1961, No. 723, 3, Sess. L. 1961, p. 75.
T.17 55
Ch. 5
Ch. 5
PUBLIC SCHOOLS
T.17 60
60. -Observance of alternate week
Should a school find it impracticable for any reason to observe
Alcohol Education Week at the time designated, the principal may
ask permission of the Commissioner of Education to observe an
alternate week.-June 12, 1961, No. 723, 4, Sess. L. 1961, p. 75.
Chapter 7. School Year and Holidays
SECTION ANALYSIS
61. Period of school year.
62. Public school holidays.
63. Holidays for schools other than public.
61. Period of school year
The school year shall begin the first Tuesday after the first Mon-
day in September and end the last Friday in June. This term may
be changed at the discretion of the Board of Education with the
approval of the Governor.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 6, 2..
Changes were made in phraseology.
-Prior law. Similar provisions were contained in 1921 Codes, Title II,
ch. 35, 2, as amended Ord. Col. C. St. T. and St. J. app. Mar. 21, 1929, and
Ord. Col. C. St. C. app. May 19, 1930.
62. Public school holidays
Holidays for pupils and teachers in the public schools and for
school lunch workers in public, private, or denominational schools
who are employed by the Department of Education and who actu-
ally work in such schools, shall be as follows:
(1) all legal holidays and Saturdays;
(2) Christmas school holidays as set by the Board of Education
and approved by the Governor;
(3) summer vacations as provided herein;
(4) Easter holidays as set by the Board of Education and ap-
proved by the Governor; and
(5) such other special holidays as the Governor may proclaim.
-Amended May 16, 1957, No. 160, 34, Sess. L. 1957, p. 29;
March 15, 1962, No. 841, Sess. L. 1962, p. 80.
HISTORY
Amendments-1962. The 1962 amendment, in paragraphs (2) and (4), substi-
tuted provisions authorizing Board of Education, with approval of Governor, to
set the Christmas and Easter holidays, for provisions for two-week periods,
respectively, one beginning at close of school on the Friday preceding Christ-
mas Eve, and the other beginning at close of school on second Friday pre-
ceding Easter Sunday; and, in paragraph (5), substituted "proclaim" for
"order".
-1957. The 1957 Act amended opening clause by inserting "and for school
lunch workers in public, private, or denominational schools who are employed
by the Department of Education and who actually work in such schools,".
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 6, 3.
Ch. 7
SCHOOL YEAR AND HOLIDAYS
T.17 63
In clause (5), the provision that the Board of Education might also order
special holidays was omitted on recommendation of the Code Advisory Com-
mittee.
Also omitted on recommendation of the Code Advisory Committee is the
provision that "Other special days should be observed fittingly during the
school session".
Changes were made in phraseology.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
10.
CROSS REFERENCES
Legal holidays in the Virgin Islands, see section 171 et seq. of Title 1.
63. Holidays for schools other than public
The schedule of holidays for schools other than public schools
shall be arranged by the authorities in such schools; Provided, That
there shall be not more than ninety days' vacation in any one school
year, Saturdays, Sundays and legal holidays excepted.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 6, 4.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
17.
Chapter 9. School Attendance
Subchapter I. General Provisions
SECTION ANALYSIS
81. Admission and transfer of pupils.
82. Compulsory school attendance; age of pupils; exceptions.
83. Hours of daily attendance.
84. Home instruction.
85. Attendance at private, parochial and denominational
schools.
86. Parental responsibility; excuse for absence.
87. Punishment of pupils by school authorities.
88. Penalties affecting parents and employers.
89. Apprehension of, and manner of dealing with, truant.
90. Dismissal or transfer of pupils.
91. Expulsion of pupils; appeal.
92. Notice for registration of children reaching school age.
93. Information on pupils available to Police Department.
94. Census of school children.
95. Appointment of attendance officers.
96. School information furnished to Department of Education.
97. Furnishing birth certificates.
Subchapter II. Free Bus Transportation
101. Rules and regulations covering free transportation
generally.
102. Manner of applying for free transportation; means of
compensating, etc.
Protective shelters for persons transported to and from schools. Act June 6,
1957, No. 181, Sess. L. 1957, p. 75, provided:
"SECTION 1. The Governor of the Virgin Islands, through the Department
of Public Works, is hereby authorized and directed to construct shelters in
the areas of East End, Southside, Dorothea, Mafolie, and other appropriate
country areas in the island of Saint Thomas, for the purpose of providing
adequate protection for school children and other persons regularly trans-
ported by bus or other vehicular means, to and from public and other schools
in the said island.
"SECTION 2. For the purpose of constructing the shelters herein provided,
there is hereby appropriated out of Internal Revenue Matching Funds in the
Treasury of the Virgin Islands, the sum of Five Thousand ($5,000.00) Dollars,
or as much thereof as may be necessary."
SCHOOL ATTENDANCE
Subchapter I. General Provisions
81. Admission and transfer of pupils
The Commissioner of Education shall regulate the admission of
pupils and their transfer from one class, department, or school to
another.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 2, 4, last sentence.
Changes were made in phraseology.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
18(c).
82. Compulsory school attendance; age of pupils; exceptions
All children shall attend school from the beginning of the school
year nearest their sixth birthday, and they shall continue to attend
school regularly until the expiration of the school year nearest
their sixteenth birthday. Provided, however, that the following
categories of school age children are excepted:
(a) those who graduate from high school before the age of 16;
(b) those who are 14 years of age or over and have been found
by tests and examination to be incapable of profiting from instruc-
tions;
(c) those physically or mentally incapacitated.-Amended
June 15, 1961, No. 763, Sess. L. 1961, p. 109.
HISTORY
Amendments-196i. The 1961 amendment omitted sentence providing that
compulsory attendance should be required in case of all children five years
and six months of age at beginning of school year, and in lieu thereof added
provisions making exceptions, with respect to school attendance, of children
in the categories specified in paragraphs (a), (b) and (c).
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 7, 1.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
18(a) (b), as amended Ord. Col. C. St. T. and St. J. app. Aug. 31, 1922.
Cross references. Free bus transportation, see sections 101 and 102 of this
title.
83. Hours of daily attendance
The required attendance in regular classes in public schools shall
not exceed six hours per school day.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 6, 1.
Words "in public schools" were inserted on recommendation of the Citizens
Committee on Education.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
3.
Ch. 9
T.17 83
EDUCATION LAW
84. Home instruction
Children may be taught at home under rules and regulations
prescribed by the Board of Education when written permission
has been granted by the Commissioner of Education for such
children to remain out of school for this purpose, but such children
may be examined by the Commissioner of Education or his au-
thorized representative.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 7, 2.
Changes were made in phraseology.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
12.
Regulations. Text of regulations issued under authority of this section, see
Title 17, V. I. Rules and Reg., 84-1.
85. Attendance at private, parochial and denominational schools
All children attending regularly and punctually parochial, de-
nominational or private schools, shall be exempt from attendance
in public schools provided they are enrolled in and pursue the
course of study in the appropriate grade of such school.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 7, 3.
86. Parental responsibility; excuse for absence
(a) Parents and guardians shall be held responsible for the
regular and punctual attendance of children at school in clean and
decent apparel.
(b) As used in this title, a person in parental relation to a minor
shall include his father or mother, by birth or adoption, his legally
appointed guardian, or his custodian. A person shall be regarded
as the custodian of a minor if he has assumed the charge and care
of the minor because its parents or legally appointed guardian
have died, or are in prison, insane, committed to an institution, or
because they have abandoned or deserted the minor, or are living
outside this jurisdiction, or their whereabouts are unknown.
(c) The absence or tardiness of children may be excused for
reasons acceptable to principals or teachers. Teachers, principals,
attendance officers, or other school officials may require that the
reasons given as the cause for absence be substantiated by state-
ments of a physician, dentist, nurse, or any other authoritatively
informed person before the absence or tardiness be excused.
T.17 84
Ch. 9
SCHOOL ATTENDANCE
(d) Any parent or guardian who assists, abets or knowingly
contributes to the truancy of any child under his or her care shall,
upon conviction, be liable to a fine of not more than $25.-Amended
June 12, 1959, No. 475, 5, Sess. L. 1959, p. 85.
HISTORY
Amendments-1959. Subsec. (a): The 1959 amendment struck out "Except
for truancy," at beginning.
Subsec. (d) : The 1959 amendment added subsec. (d).
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 7, 4.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
19.
87. Punishment of pupils by school authorities
All principals and teachers in the public schools in the Virgin
Islands shall have the right to exercise the same authority, as to
conduct and behavior, over pupils attending their schools during
the time they are in attendance, including the time required in
going to and from their homes, as parents, guardians, or persons
in parental relation to such pupils.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 8, 1.
Changes were made in phraseology.
88. Penalties affecting parents and employers
(a) In case any parent, guardian, or other person in parental
relation shall fail to comply with any provisions of this title he
shall be deemed guilty of violation thereof and on conviction may
be punished by a fine of not more than $25.
(b) Any person who employs a child of compulsory school age
and who by such employment knowingly causes tardiness or ab-
sence of such child shall upon conviction therefore be liable to a
fine of not more than $10 for the first offense and a fine of not more
than $25 for each succeeding offense.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 7, 5 and 7.
Subsection (a) is from section 7 of chapter 7 of Act Jan. 25, 1940.
Subsection (b) is from section 5 of chapter 7 of Act Jan. 25, 1940.
On recommendation of the Code Advisory Committee, maximum fine was
changed from $5 to $25 in subsec. (a), and, in subsec. (b), maximum fine for
the first offense was changed from $1 to $10, and maximum fine for the
second offense was changed from $2 to $25.
-Prior law. Similar provisions with respect to fines for parents or guard-
ians were contained in 1921 Codes, Title II, ch. 35, 13, 21.
45
Ch. 9
T.17 88
EDUCATION LAW
89. Apprehension of, and manner of dealing with, truant
Any child of compulsory school attendance age, when absent
from school without giving an acceptable excuse to the principal
of the school which he attends, may be taken into custody by any
teacher, principal, attendance officer, or other school official, or by
any police officer, and may be held until one or both of his parents,
or his guardian, are summoned, appear, and ask for his release.
He may be released at the request of the Commissioner of Educa-
tion, or placed in school as directed by the Commissioner.
At the discretion of the Department of Education, any child
demonstrating problems of truancy may be referred to the Depart-
ment of Social Welfare for Child Welfare Services. Pursuant to
such referral the Department of Social Welfare shall provide the
necessary social services and make such reports to the Department
of Education as may be necessary or helpful to the proper educa-
tional and social development of the child. If, as a result of a joint
determination by the Department of Social Welfare and Educa-
tion, the child appears to be an incorrigible truant, the Department
of Education shall file a complaint with the Juvenile and Domestic
Relations Division of the Municipal Court of the jurisdiction in
which the child resides. For the purposes of this section, an incor-
rigible truant shall a child of compulsory school age who wilfully,
deliberately, and continuously absents himself from school and
who fails to respond in a positive manner to the counseling and
other child welfare services provided by the Departments of Edu-
cation and Social Welfare.-Amended June 23, 1961, No. 773, 1,
Sess. L. 1961, p. 166.
HISTORY
Amendments-1961. The 1961 Act amended section generally.
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 7, 6.
The above-cited section 6 of chapter 7 of the School Law of 1940 provided
that when the child appeared to be an incorrigible truant, he might be
punished by the police at the request of the parent or guardian, or at the
request of and in the presence of the Commissioner of Education. On recom-
mendation of the Citizens Committee on Education, this provision is omitted,
and in lieu thereof it is provided in this section that the matter shall be
referred to the Department of Social Welfare for investigation, and a report
with respect thereto shall be made by the Commissioner of Social Welfare to
the Commissioner of Education and the Virgin Islands Board of Education.
Minor changes were made in phraseology.
Children found on streets during school. Section 1 of Ord. Mun. C. St. T. and
St. J. app. Mar. 1, 1941, provided for the apprehension in St. Thomas and
St. John of pupils found on the streets during school without proper excuse.
T.17 89
Ch. 9
SCHOOL ATTENDANCE
90. Dismissal or transfer of pupils
Pupils may be dismissed from school or transferred by the Com-
missioner of Education in the following instances-
(1) change of residence of pupils to a place outside of the legis-
lative district;
(2) when a parent or guardian requests dismissal because the
child is beyond compulsory school age; and
(3) when a child is fifteen years of age and has completed the
requirements of the course of study for the elementary schools, and
his parent or guardian requests his dismissal. A child under fifteen
years of age may be excused when he has completed the course of
study for elementary schools and lives beyond walking distance to
a higher school and free transportation is not provided; and for
such other reasons as may be prescribed by order of the Virgin
Islands Board of Education.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 9, 1.
Words "or transferred" were inserted in opening clause for the purpose of
clarification.
In clause (1), "legislative district" was substituted for "municipality", in
view of the abolishment of the former municipalities by the Revised Organic
Act of the Virgin Islands of 1954, and the changed status of the territory
under such Act.
In clause (3), "fifteen years" was substituted for "twelve years" in two
places, on recommendation of the Code Advisory Committee.
Changes were made in phraseology.
91. Expulsion of pupils; appeal
The Commissioner of Education may authorize or order the ex-
pulsion from public school of any pupil guilty of gross misconduct
or persistent disobedience, or having bad habits, or being in a
physical condition detrimental to the best interests of the school,
in accordance with regulations prescribed by the Virgin Islands
Board of Education. Any parent aggrieved by such expulsion may
appeal to the Board for review of such order within 30 days after
the date thereof.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 9, 2.
In the above-cited section 2 of chapter 9 of the School Law of 1940 it was
provided that the Board might authorize or order the expulsion. In this sec-
tion, such authority is vested in the Commissioner, but it is provided that
it shall be exercised in accordance with rules and regulations of the Board.
The provision for appeal and review by the Board of the expulsion order
is new, and is inserted on recommendation of the Citizens Committee on
Education.
Changes were made in phraseology.
47
Ch. 9
T.17 91
Regulations. Text of regulations issued under authority of this section, see
Title 17, V. I. Rules and Reg., 91-1.
92. Notice for registration of children reaching school age
Once a year the Commissioner of Education shall give public
notice to parents or guardians of children who will be of school age
during the year to enter the names of such children on the school
lists.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 10, 1.
Changes were made in phraseology.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
20 (a).
93. Information on pupils available to Police Department
Parents, guardians, and managers of landed properties shall give
to the Commissioner of Education, on demand, all school informa-
tion in their possession regarding children under their control.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 10, 2.
"Commissioner of Education" was substituted for "Police Department" on
recommendation of the Citizens Committee on Education, and the Code Advi-
sory Committee.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
20(b).
94. Census of school children
In the month of May, of each year, the Commissioner of Educa-
tion shall make a list of all the children residing in each legislative
district who are between the ages of five and fifteen years with the
data as required for school purposes and school registers.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 10, 3, as amended by Act Leg. Assem. app. Aug. 15, 1952 (Bill no. 36),
1.
"Commissioner of Education" was substituted for "Police Department" on
recommendation of the Citizens Committee on Education, and the Code Advi-
sory Committee.
Words "each legislative district" were substituted for "the particular
Municipality". See revision note under section 90 of this title.
Changes were made in phraseology.
-Prior law. Similar provisions were contained in 1921 Codes, Title II, ch. 35,
20(c).
95. Appointment of attendance officers
The Governor may appoint persons to act as attendance officers.
The persons appointed shall have the power to compel attendance
T.17 91
EDUCATION LAW
Ch. 9
in accordance with the provisions of sections 82 and 89 of this title.
-Amended June 23, 1961, No. 773, 2, Sess. L. 1961, p. 166.
HISTORY
Amendments-1961. The 1961 amendment inserted reference to section 89.
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 10, 4.
The provision that such appointments should be by and with the advice and
consent of the former respective municipal councils was omitted as obsolete.
Changes were made in phraseology.
96. School information furnished to Department of Education
The principal or other person or persons in charge of every
public, private, denominational, parochial, or any other school at the
opening of such school or schools each year and at such other time
or times as the Commissioner of Education directs, shall furnish to
the Department of Education, the name, age, and grade of every
child who has enrolled at such school or schools and other infor-
mation required by the Commissioner.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 10, 5.
Changes were made in phraseology.
97. Furnishing birth certificates
The Commissioner of Health shall furnish without charge to the
Commissioner of Education, upon request, the birth certificate of
any child of compulsory school age born in the Virgin Islands.
HISTORY
Revision note. Based on Ord. Mun. C. St. C. app. Aug. 30, 1945 (Bill No. 48).
Section rewritten and made applicable throughout Virgin Islands. The Com-
missioner of Health was substituted for "Local Registrar of Vital Statistics" as
the Commissioner is now the Registrar of Vital Statistics. See section 802 of
Title 19.
Subchapter II. Free Bus Transportation
101. Rules and regulations covering free transportation gener-
ally
The Commissioner of Education, with the approval of the Gover-
nor, shall prescribe rules and regulations covering the free transpor-
tation of school children within and without the urban areas of the
Virgin Islands.-Aug. 10, 1964, No. 1242, 2, Sess. L. 1964, p. 372.
HISTORY
Declaration of policy. Section 1 of Act Aug. 10, 1964, No. 1242, Sess. L. 1964,
p. 372, provided: "It is hereby declared to be the policy of the Government of
the Virgin Islands to provide free transportation for school-age children,
SCHOOL ATTENDANCE
T.17 101
Ch. 9
EDUCATION LAW
residing within and without the urban areas of the Virgin Islands, to the
schools which they attend."
Appropriation. Section 4 of Act Aug. 10, 1964, No. 1242, Sess. L. 1964, p. 372,
provided: "The sum of $10,000 is hereby appropriated out of any available
monies in the Treasury of the Virgin Islands, fiscal year July 1, 1964, to
June 30, 1965, and to remain available until expended for the purpose of
carrying out the provisions of this Act [sections 101 and 102 of this title]."
Rules and regulations. Rules and regulations issued under the authority of
this section and section 102 of this title, see Title 17, V. I. Rules and Reg.,
101-1 et seq.
102. Manner of applying for free transportation; means of com-
pensating, etc.
The manner of applying for free transportation, the means of
compensating the carrier, and the distances for which free trans-
portation shall be furnished shall be according to rules and regula-
tions prescribed by the Commissioner of Education.-Aug. 10, 1964,
No. 1242, 3, Sess. L. 1964, p. 372.
HISTORY
Rules and regulations. Rules and regulations issued under authority of this
section and section 101 of this title, see Title 17, V. I. Rules and Reg., 101-1
et seq.
T.17 101
Ch. 9
Chapter 11. Teachers and Other Personnel
SECTION ANALYSIS
121. Qualifications, certificates, and appointments.
122. Endorsement of teachers' certificates from other jurisdic-
tions.
123. Temporary certificates and emergency appointments.
124. Right to appointment.
125. Appointments as probational.
126. Licenses to teach in schools other than public schools.
127. Dismissal or demotion of professional employees.
128. Leaves of absence.
129. Annual rating of professional personnel.
130. Authority to discipline children.
RETENTION OF PRESENT INCUMBENTS IN OFFICE
Section 97(b) of Act May 16, 1957, No. 160, Sess. L. 1957, p. 58 (which by
section 1 thereof enacted this Code into law), provided:
"Present professional incumbents in all offices and positions in the Depart-
ment of Education shall continue in office and such positions, and their qualifi-
cations shall be deemed satisfactory. They shall be removed only for cause, as
provided in such title."
As indicated in section 97(a) of such Act, which is set out as a note preced-
ing section 41 of this title, the above-quoted subsection (b) refers to incum-
bents holding offices and positions in the Department of Education on the effec-
tive date of this Code (Sept. 1, 1957), and the reference "such title" therein
refers to this title (Title 17).
CROSS REFERENCES
Pay plan for teachers, principals, supervisors, and other professional person-
nel of the Department of Education, see Schedule II in section 551 of Title 3.
Personnel Merit System laws as subject to this chapter, see section 457 of
Title 3.
121. Qualifications, certificates, and appointments
(a) Basic qualifications for teachers, supervisors, principals,
librarians, and other professional personnel of the Department of
Education shall be established by the administrator of the Per-
sonnel Merit System, upon recommendation of the Commissioner
of Education with the concurrence of the Virgin Islands Board of
Education, and subject to the approval of the Governor. Competi-
tive examinations shall not be required.
(b) The Commissioner shall prescribe rules and regulations sub-
ject to the approval of the Board and the Governor, for the certifi-
cation, selection, determination of salaries (subject to Schedule II
in section 551 of Title 3), and appointment of the personnel referred
to in subsection (a) of this section. Certificates licensing the hold-
EDUCATION LAW
ers to teach in the public schools of the Virgin Islands shall be
issued solely by the Board. Only persons to whom these certificates
have been issued may be considered by the administrator of the
Personnel Merit System for the eligible list.
(c) All appointments under this section shall be subject to the
approval of the Governor, and, except as otherwise may be pro-
vided in this chapter, no person shall be appointed, employed, or
permitted to teach in the public schools of the Virgin Islands unless
he or she is at least 18 years of age, is a citizen of the United
States, and holds a license as provided in this section.-Amended
May 16. 1957, No. 160, 35, Sess. L. 1957, p. 30; June 30, 1958,
No. 323, 2, Sess. L. 1958, p. 100.
HISTORY
Codification. Reference in subsection (b) to "Schedule IV" was changed to
"Schedule II" pursuant to Act June 30, 1958, No. 323, 2.
Amendments-1957. The 1957 Act amended section generally.
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 4, 1.
Subsection (a) is from the above-cited section 1 of chapter 4 of the 1940 Act.
Subsection (b) is new, and is patterned upon section 261 of Title 18 L.P.R.A.
(Laws of Puerto Rico Annotated). See prior law note below.
In subsec. (a), changes were made in phraseology.
-Prior law. Ord. Mun. C. St. T. and St. J. app. July 29, 1942, 1, and Ord.
Mun. C. St. C. app. July 27, 1944 (Bill no. 38), 1, both provided that no
teacher should be appointed unless he or she held a valid license or certificate
issued by the head of the Department of Education and approved by the
(former) School Board.
Detailed provisions on teachers' certificates, salaries, grading, removal, etc.,
were contained in said 1942 and 1944 ordinances.
Earlier provisions on this subject were contained in the 1921 Codes, Title II,
ch. 35, 4-6, as amended Ord. Col. C. St. T. and St. J. app. March 21. 1929;
Ord. Col. C. St. T. and St. J. app. July 28, 1931; Ord. Mun. C. St. T. and St. J.
app. Aug. 2, 1940; and Ord. Mun. C. St. T. and St. J. app. Feb. 11, 1942.
Rules and regulations. Text of rules and regulations issued under authority
of this section, see Title 17, V. I. Rules and Reg., 121-1 et seq.
CROSS REFERENCES
Retirement of personnel of the Government of the Virgin Islands, see chap-
ter 27 of Title 3.
Text of regulations issued under authority of subsec. (b) of this section, see
Title 17, V. I. Rules and Reg., 121-1.
122. Endorsement of teachers' certificates from other jurisdic-
tions
The Virgin Islands Board of Education, upon recommendation of
the Commissioner of Education, may endorse state or other terri-
torial teachers' certificates, and the names of the persons holding
such certificates, so endorsed may be placed on the eligible list by
the administrator of the Personnel Merit System, if it be satisfac-
torily shown that the qualifications and the courses of study pur-
52
T.17 121
Ch. 11
TEACHERS AND OTHER PERSONNEL
sued by such persons are fully equal to the requirements in the
Virgin Islands: Provided, That this requirement shall not be con-
strued to prohibit the Governor, upon recommendation of the
Board, from employing for a period not exceeding one year instruc-
tors or lecturers who are citizens of foreign countries: And pro-
vided further, That the Governor, upon the recommendation of the
Board, may approve an interchange of teachers between the Virgin
Islands and any other country, state, territory, or district when
such interchange shall be for a period not to exceed one year.-
Amended May 16, 1957, No. 160, 35, Sess. L. 1957, p. 30.
HISTORY
Amendments-1957. The 1957 Act amended section generally.
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 4, 2.
Words "upon the approval of the Board" were substituted for "with the
approval of the Municipal Council", and words "a period not exceeding one
year" were substituted for "limited periods", upon recommendation of the
Citizens Committee on Education, and Code Advisory Committee.
Changes were made in phraseology.
123. Temporary certificates and emergency appointments
Temporary certificates licensing the holders to teach in the public
schools of the Virgin Islands may be issued by the Virgin Islands
Board of Education to all persons provisionally appointed for such
purpose under section 528 of Title 3.
Emergency appointments of teachers and other professional
personnel of the Department of Education shall be governed by
the provisions of section 529 of Title 3.-Amended May 16, 1957,
No. 160, 35, Sess. L. 1957, p. 31.
HISTORY
Amendments-1957. The 1957 Act amended section generally.
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 4, 3; ch. 5, 5.
Section consolidates the above-cited section 3 of chapter 4, and section 5 of
chapter 5, of the 1940 Act.
Subsection (b) rewrites the provisions of said section 5 of chapter 5 of the
1940 Act, on recommendation of the Citizens Committee on Education, and the
Code Advisory Committee. Said section 5 provided as follows:
"Substitute teachers may be employed for limited periods, provided that no
substitute teacher shall serve more than three months at a time without the
confirmation of the Municipal Council and, provided further, that the salary of
such substitute shall not exceed that paid the regular teacher".
Changes were made in phraseology.
124. Right to appointment
The holding of a license does not entitle the holder to an appoint-
ment.
Ch. 11
T.17 124
EDUCATION LAW
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1).
ch. 4, 4.
No change was made in the text.
125. Appointments as probational
All teachers and other professional personnel of the Department
of Education appointed as provided in this chapter shall be subject
to the provisions of section 527 of Title 3 relating to probational
appointments, except that no such employee shall be removed from
his or her position without the approval of the Governor.-
Amended May 16, 1957, No. 160, 36, Sess. L. 1957, p. 31.
HISTORY
Amendments-1957. The 1957 Act amended section generally.
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 5, 2.
At the beginning of subsec. (a), "All teachers" was substituted for "All
persons"; and words "by and with the advice and consent of the Municipal
Councils", which followed "appointed by the Governor" in such subsection, were
omitted as obsolete.
Changes were made in phraseology.
126. Licenses to teach in schools other than public schools
(a) Licenses to teach shall be required of all persons teaching in
schools other than public schools, and may be obtained from the
Virgin Islands Board of Education under rules and regulations pre-
pared by the Commissioner of Education and approved by such
Board and the Governor.
(b) The action of the Board in granting or refusing any such
license shall be subject to review by the Governor.-Amended
May 16, 1957, No. 160, 36, Sess. L. 1957, p. 31.
HISTORY
Amendments-1957. The 1957 Act amended section generally.
Revision note. Based on 1921 Codes, Title II, ch. 35, 16.
Changes were made in phraseology and arrangement.
Regulations. Text of regulations issued under authority of subsection (a) of
this section, see Title 17, V. I. Rules and Reg., 126-1.
127. Dismissal or demotion of professional employees
The dismissal or demotion of professional employees of the
Department of Education shall be governed by the provisions of
sections 530-532 of Title 3: Provided, That no recommendation of
the Commissioner of Education for dismissal of such employee may
be considered unless the Virgin Islands Board of Education concurs
in the recommendation: And provided further, That all dismissals,
T.17 124
Ch. 11
TEACHERS AND OTHER PERSONNEL
whether appealed under section 530 of Title 3, or not, shall be
subject to the approval of the Governor.-Amended May 16, 1957,
No. 160, 36, Sess. L. 1957, p. 31; Feb. 27, 1962, No. 819, 6, 7,
Sess. L. 1962, p. 52.
HISTORY
Codification. Reference to "section 531" was changed to "section 530" pur-
suant to Act Feb. 27, 1962, No. 819, 6, 7.
Amendments-1957. The 1957 Act amended section generally.
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 5, 3.
Word "professional" was inserted before "employees", and words "or for the
good service" were substituted for "or other valid reasons". on recommendation
of the Citizens Committee on Education, and the Code Advisory Committee.
128. Leaves of absence
Leaves of absence for employees in the Department of Education
may be recommended by the Commissioner of Education and the
Virgin Islands Board of Education, and granted by the Governor,
provided that no such leave shall affect tenure.-Amended May 16,
1957, No. 160, 36, Sess. L. 1957, p. 31.
HISTORY
Amendments-1957. The 1957 Act amended section generally.
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 5, 4.
Changes were made in phraseology.
129. Annual rating of professional personnel
In the month of April of each year, after conference with their
respective principals and supervisors as to their proficiency accord-
ing to standards and procedures approved by the Virgin Islands
Board of Education, teachers, and other professional personnel,
who have been employed during the current school year, shall be
rated by their respective principals or immediate supervisors, and
thereafter shall be notified of their rating by the Commissioner of
Education at the close of the school year.-Amended May 16, 1957,
No. 160, 37, Sess. L. 1957, p. 32.
HISTORY
Amendments-1957. The 1957 amendment inserted "by their respective prin-
cipals or immediate supervisors", and corrected a typographical error.
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 5, 1.
The above-cited section 1 of chapter 5 of the 1940 Act provided for annual
classification in May, and went into details with respect to the classifications to
be assigned, and the effect of such classifications upon the compensation and
tenure of teachers. As set out in this section, the provisions have been com-
pletely rewritten, upon recommendation of the Citizens Committee on Educa-
tion, and the Code Advisory Committee.
Ch. 11
T.17 129
T.17 130
EDUCATION LAW
Ch. 11
130. Authority to discipline children
All principals and teachers in the public schools shall have the
right to exercise the same authority, as to conduct, and behavior,
over pupils attending their schools during the time they are in
attendance, including the time required in going to and from their
homes, as parents, guardians or persons in parental relations to
such pupils.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 8.
Changes were made in phraseology.
Former section 131. A section 131 of this title, which contained a pay plan
for teachers, principals, supervisors, and other professional personnel of the
Department of Education, was struck out by Act May 16, 1957, No. 160, 38,
Sess. L. 1957, p. 32. It is now covered by Schedule II in section 551 of Title 3.
Chapter 13. School Lunches
SECTION ANALYSIS
141. Advances authorized for school lunch supplies.
141. Advances authorized for school lunch supplies
(a) The Commissioner of Finance is authorized to advance to the
Treasurer of the United States and/or to the School Lunch Room
Division of the Department of Education of the Commonwealth of
Puerto Rico monies appropriated for "Food Supplies" in each
annual budget for the Government of the Virgin Islands and School
Lunch Grant-In-Aid Funds, in said budget, upon certification of the
Production and Marketing Administration, United States Depart-
ment of Agriculture, or the School Lunch Room Division of the
Department of Education of the Commonwealth of Puerto Rico that
such advances are required to guarantee payment of the cost of
food commodities purchased by such agencies for the account of the
Government of the Virgin Islands.
(b) Such advances of funds shall be vouchered with the approval
of the Governor, subject to accounting to be rendered from time to
time by the Department of Agriculture or the Department of
Education of the Commonwealth of Puerto Rico.
HISTORY
References in text. The Production and Marketing Administration, referred
to in text, has been superseded by the Agricultural Marketing Service as the
agency which administers the national school lunch program, following reor-
ganization of the United States Department of Agriculture.
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. Sept. 22, 1953
(Bill no. 284), 1, 2.
This section consolidates sections 1 and 2 of ordinance cited above with
changes in phraseology.
-Prior law. Similar provisions were contained in Ord. Mun. C. St. T. and
St. J. app. Dec. 4, 1946 (Bill no. 321), which repealed Ord. Mun. C. St. T. and
St. J. app. Nov. 19, 1946, relating to the same subject.
Chapter 15. Scholarships
SECTION ANALYSIS
161. Special secondary scholarships for students from St. John.
162-169. [Repealed.]
171. Territorial Scholarship Fund; composition and preserva-
tion; use; appropriations.
172. Number, kinds and amounts of scholarships.
172A. Annual medical scholarships.
173. Eligibility for scholarship.
174. In-service training scholarships.
175. Scholarships and leaves for teachers.
176. Scholarship contract; loans; renewals.
177. Registration of scholarships; review of applications and
programs; rules and regulations.
180. Nursing scholarships; number; graduates from high
schools.
181. Selection of students for nursing scholarships; stand-
ards; conditions.
182. Amounts and scope of nursing scholarships; payments.
183. Rules and regulations to effectuate sections 180-184.
184. Appropriation of funds for nursing scholarships.
185. Edward Wilmot Blyden Scholarship for education beyond
high school.
186. Same; college entrance test; selection of student.
187. Appropriation of funds; time of commencement.
161. Special Secondary scholarships for students from St. John
(a) There is created a special scholarship for students from the
District of St. John who are attending classes at the Charlotte
Amalie High School in St. Thomas in the amount of $30.00 per
month per student to be paid during each school year.
(b) The Commissioner of Education is hereby authorized to
certify qualified students for said scholarships. He shall also pre-
scribe such rules and regulations as may be necessary for the im-
plementation of this section with the approval of the Virgin
Islands Board of Education.
(c) Funds shall be made available in the annual appropriation
act for the Department of Education for the payment of these
special scholarships.
(d) The special scholarship authorized by subsection (a) shall
also be paid to students from the eastern area of St. John who
live in Cruz Bay while attending the Julius E. Sprauve School.-
Amended May 16, 1957, No. 160, 39, Sess. L. 1957, p. 32; April 6,
1964, No. 1189, 1, 2, Sess. L. 1964, p. 199.
HISTORY
Amendments-1964. Subsec. (a): Section 1 of Act No. 1189 raised amount
from $20 to $30 per month.
Subsec. (d): Section 2 of Act No. 1189 added subsec. (d).
Effective date of 1964 amendment. Section 1 of Act April 6, 1964, No. 1189,
provided that amount per month of special scholarship specified in subsection
(a) was raised from $20 to $30 per month effective April 1, 1964.
-1957. The 1957 amendment renumbered section, originally section 162, as
section 161.
Revision note. Based on Act Mar. 28, 1955, No. 9, 1-3, Sess. L. 1955, p. 14.
This section consolidates sections 1-3 of Act cited above with changes in
phraseology.
Former section 161. Former section 161 of this title, which related to special
or professional training of Government personnel, and which was derived
from Act Apr. 11, 1955, No. 37, 4, Sess. L. 1955, p. 71, was struck out by Act
May 16, 1957, cited above.
Regulations. Text of regulations issued under authority of subsection (b)
of this section, see Title 17, V. I. Rules and Reg., 161-1.
162-169. Repealed. July 7, 1959, No. 489, l(a), Sess. L. 1959,
p. 129.
Sections, which related to the Territorial Scholarship Fund, are now
covered by sections 171-177 of this title. Prior to the repeal, sections were
amended by Acts May 16, 1957, No. 160, 39, Sess. L. 1957, p. 32; July 9,
1958, No. 353, Sess. L. 1958, p. 132.
171.' Territorial Scholarship Fund; composition and preserva-
tion; use; appropriations
(a) There is hereby created a special fund in the Treasury of
the Virgin Islands to be known as the "Territorial Scholarship
Fund". The said fund shall be available for the granting of
scholarships and loans to such persons and on such conditions
and shall be comprised and managed in the form and manner as
hereinafter provided in this chapter.
(b) The Territorial Scholarship Fund shall be comprised of all
such funds, donations, gifts, devises, bequests, and all other kinds
of contributions of real or personal property, from persons, cor-
porations, partnerships, trust funds, charitable or other eleemosy-
nary organizations, domestic, national or foreign, as may be made
to the said fund from time to time, as well as any contributions
So in original. There is no section 170, as former section 170 was renumbered
180.
Ch. 15
SCHOLARSHIPS
T.17 171
EDUCATION LAW
to the said funds as may be appropriated by the Legislature.
(c) The Commissioner of Finance shall be the trustee of the
fund and shall be authorized to accept for the fund any contribu-
tions thereto. He shall manage the fund in such manner as to pre-
serve its pecuniary value, and shall invest such funds as are not
needed for current obligations, plus a reasonable reserve, in first
priority mortgages or United States government bonds, and shall
convert any of the real or personal property into cash if such
action will enhance the value of the assets of the fund, and do all
other lawful things to increase or preserve the assets of the fund.
(d) The trustee shall make such scholarship grants and loans
out of the Territorial Scholarship Fund as may be authorized by
the Virgin Islands Board of Education.
(e) To perpetuate the fund provided for in this section, there
is hereby authorized to be appropriated annually, out of any
available funds in the Treasury of the Virgin Islands, a sum of
not less than $15,000, to be included in the budget of the Govern-
ment and paid into the said fund for disposition in accordance
with law.-Added July 7, 1959, No. 489, 1, Sess. L. 1959, p. 129.
HISTORY
Former section 171. Former section 171 of this title was renumbered 181.
Prior law. Similar provisions were contained in former sections 162 and 163
of this title, as amended by Act May 16, 1957, No. 160, 39, Sess. L. 1957,
p. 32. Said sections 162 and 163 of this title were derived from Act June 1,
1956, No. 91, 1, 2, Sess. L. 1956, p. 64.
-Repeals; transfer of funds and property. Act June 1, 1956, No. 91, 10,
Sess. L. 1956, p. 66, provided: "Ordinance to Provide for a Municipal Scholar-
ship Fund and for the Administration thereof, approved September 28, 1953,
Ordinance to Grant Teacher Scholarship approved July 15, 1952, Municipality
of Saint Thomas and Saint John, and Ordinance to Establish a Municipal
Scholarship Fund, approved April 19, 1939, Municipality of Saint Croix, and
all other laws, ordinances or parts thereof pertaining and dealing with grant-
ing of scholarships and/or student loans, are hereby repealed.
"All moneys and other property now remaining in the fund created under
the ordinances mentioned in the preceding paragraph are hereby transferred
to and shall constitute the fund herein created by section 1."
The repeal provision of Act Sept. 28, 1953, noted above, repealed Ord. Mun.
C. St. T. and St. J. app. June 30, 1937.
-Separability clause. Act June 1, 1956, No. 91, 11, Sess. L. 1956, p. 67,
contained a separability of provisions clause.
-Continuance of effective scholarships. Act June 1, 1956, No. 91, 9, Sess.
L. 1956, p. 66, provided: "Such students or employees as may, upon the date
of approval of this act, be enjoying scholarships or any other benefits under
the acts repealed by this act shall continue enjoying those scholarships and
benefits for the time for which they were granted provided they have com-
plied with the requirement of law and conform to such requirements as the
commission may by regulation establish."
T.17 171
Ch. 15
172. Number, kinds and amounts of scholarships
Scholarships of $800 annually are established in the following
enumerated fields: (1) Medicine, (2) Engineering, (3) Vocational
Arts, (4) Teaching, (5) Veterinary Medicine, (6) Agriculture, and
(7) either Law, Social Science, Government or Public Administra-
tion; provided that not more than two scholarships in Medicine,
and not more than one scholarship in each of the other fields shall
be made in any year. Each scholarship granted shall be for a period
of not more than four years. Scholarship grants may be of varied
character according to the needs of the candidate and his program.
-Added July 7, 1959, No. 489, 1, Sess. L. 1959, p. 130.
HISTORY
Former section 172. Former section 172 of this title was renumbered 182.
Prior law. Similar provisions were contained in former section 164 of this
title, as amended by Acts May 16, 1957, No. 160, 39, Sess. L. 1957, p. 32;
July 9, 1958, No. 353, Sess. L. 1958, p. 132. Former section 164 of this title
was derived from Act June 1, 1956, No. 91, 4, p. 65.
172A. Annual medical scholarships
Notwithstanding the provisions of section 172 of this title, the
Virgin Islands Board of Education upon consultation with the Com-
missioner of Health, is authorized to award six special medical
scholarships of $2500 annually to applicants who meet the qualifica-
tions prescribed by section 173 of this title.-Added June 24, 1963,
No. 1039, 2, Sess. L. 1963, p. 405.
173. Eligibility for scholarship
Scholarships shall be granted out of the Territorial Scholarship
Fund created by section 171 of this title, to applicants therefore who
(1) are citizens of the United States; (2) bona fide residents of
the Virgin Islands; (3) financially unable to pursue further educa-
tion or training without assistance; (4) have proven ability and
aptitude for such further education or training; (5) are residents
of the Virgin Islands either actually living in the Virgin Islands at
the time of application, or living outside the Virgin Islands tem-
porarily while pursuing a course of studies.-Added July 7, 1959,
No. 489, 1, Sess. L. 1959, p. 130; amended June 24, 1963, No. 1039,
1, Sess. L. 1963, p. 405.
HISTORY
Amendments-1963. In clause (3), omitted "outside the Virgin Islands",
which followed "training".
Former section 173. Former section 173 of this title was renumbered 183.
Prior law. Similar provisions were contained in former section 165 of this
61
Ch. 15
SCHOLARSHIPS
T.17 173
EDUCATION LAW
title, as amended by Act May 16, 1957, No. 160, 39, Sess. L. 1957, p. 32,
derived from Act June 1, 1956, No. 91, 5, Sess. L. 1956, p. 65.
174. In-service training scholarships
(a) Upon recommendation of any department head to the Virgin
Islands Board of Education, scholarships shall be granted in
meritorious cases to employees in service in the Government of the
Virgin Islands, to enable such employees to pursue study and train-
ing for improvement in their fields.
(b) Scholarships granted under this section shall not exceed the
sum of $800 a year, which sum shall be applied to the payment of
tuition, lodging, board, transportation expenses or any other related
expenses in connection with the studies pursued in each case.-
Added July 7, 1959, No. 489, 1, Sess. L. 1959, p. 130.
HISTORY
Former section 174. Former section 174 of this title was renumbered 184.
Prior law. Similar provisions were contained in former section 167 (d) of
this title, as amended by Act May 16, 1957, No. 160, 39, Sess. L. 1957, p. 32,
derived from Act June 1, 1956, No. 91, 7, Sess. L. 1956, p. 65.
175. Scholarships and leaves for teachers
Scholarships and leaves with pay to teachers in active service
shall be granted by the Virgin Islands Board of Education under
such rules and regulations as it may prescribe. Leaves with pay for
the pursuit of studies may be granted for a period of not to exceed
two years.-Added July 7, 1959, No. 489, 1, Sess. L. 1959, p. 131.
HISTORY
Prior law. Similar provisions were contained in former section 168 of this
title, as amended by Act May 16, 1957, No. 160, 39, Sess. L. 1957, p. 32,
derived from Act June 1, 1956, No. 91, 7, Sess. L. 1956, p. 66.
176. Scholarship contract; loans; renewals
(a) Any person granted a scholarship under the provisions of
sections 171-175 of this title shall be required as a prior condition
to such grant to execute a proper contract to the effect that he will
accept employment by the Government of the Virgin Islands for as
many years as the person shall have pursued education and training
under such scholarship.
(b) The Virgin Islands Board of Education is further empowered
to award student loans to applicants who meet the qualifications,
and upon such terms and conditions as shall be determined by the
said Board; provided, that all loans shall be evidenced by promis-
sory notes and shall be repaid by assignment of not more than
10 per cent of the recipient's earnings] after leaving school.
T.17 173
Ch. 15
SCHOLARSHIPS
(c) The Virgin Islands Board of Education shall have the right
and power to determine from year to year whether any scholarship
or loan shall be renewed. Before approving the renewal of any
scholarship grants or loans the Board shall first examine into the
record of the student who has benefited from such grant or loan.
-Added July 7, 1959, No. 489, 1, Sess. L. 1959, p. 131.
HISTORY
Prior law. Similar provisions were contained in former section 167 of this
title, as amended by Act May 16, 1957, No. 160, 39, Sess. L. 1957, p. 32,
derived from Act June 1, 1956, No. 91, 7, Sess. L. 1956, p. 66.
177. Registration of scholarships; review of applications and pro-
grams; rules and regulations
(a) All scholarships established in the Virgin Islands for the
promotion of general education, including scholarships granted
under the provisions of sections 171-175 of this title, from public
or private grants, donation, loans or other funds from whatever
source derived, shall be registered with the Virgin Islands Board
of Education.
(b) The Board shall review all programs and applications for
scholarships.
(c) The Board shall make rules and regulations, in conformity
with the provisions of sections 171-176 of this title, for the award
of scholarships and loans, the issuance and cancellation of certifi-
cates entitling persons to the benefits thereof, the use of scholar-
ships by the persons entitled thereto, the rights and duties of
recipients of scholarships and loans, the institutions attended with
respect to such scholarships and loans, and providing generally for
carrying into effect the provisions of sections 171-176 of this title.
Such rules and regulations shall have the force and effect of law
when approved and promulgated by the Governor.-Added July 7,
1959, No. 489, 1, Sess. L. 1959, p. 131.
HISTORY
Prior law. Similar provisions were contained in former sections 166 and
169 of this title, as amended by Act May 16, 1957, No. 160, 39, Sess. L.
1957, p. 32.
Regulations. Text of regulations issued under authority of former section
166 of this title, the predecessor to subsec. (c) of this section, see Title 17,
V. I. Rules and Reg., 166-1 to 166-3.
180.2 Nursing scholarships; number; graduates from high schools
The Commissioner of Health is authorized and directed to estab-
'So in original, as renumbered by Act July 7, 1959, No. 489, l(b) Sess. L.
1959, p. 129. There are no sections 178 and 179.
63
Ch. 15
T.17 180
EDUCATION LAW
lish a system of scholarship to pursue training in nursing, to
provide in-service training and study leave of personnel, refresher
courses and/or post-graduate training, outside the Virgin Islands.
Not more than twelve (12) scholarships shall be granted for nurs-
ing in any one fiscal year. Provided, that at least one such scholar-
ship shall be granted to a qualified graduate from each of the high
schools of the Virgin Islands, public or parochial.-July 9, 1958,
No. 352, 1, Sess. L. 1958, p. 132; amended July 7, 1959, No. 489,
1, Sess. L. 1959, p. 129; March 8, 1962, No. 832, Sess. L. 1962,
p. 69; amended April 2, 1964, No. 1167, Sess. L. 1964, p. 173.
HISTORY
Amendments-1964. Inserted provision for in-service training and study leave
of personnel, refresher courses and/or post-graduate training, and deleted
provision for granting such scholarships "to young women".
-1962. The 1962 amendment substituted "training in nursing" for "basic
studies in professional nursing" :n first sentence; increased maximum num-
ber of yearly scholarships from six to twelve; and, in third sentence, sub-
stituted "each of the high schools" for "each of the five high schools".
-1959. The 1959 amendment renumbered section, formerly section 170, as
180.
181. Selection of students for nursing scholarships; standards;
conditions
Scholarship students shall be selected on the basis of previous
academic preparation, and in accordance with standards set by the
Board of Nurse Examiners; Provided, That every beneficiary of a
scholarship shall sign a contract with the Commissioner of Health
to the effect that she will serve in the Department of Health of the
Virgin Islands for a number of years equal to the number of years
during which she receives the benefits of the scholarship.-July 9,
1958, No. 352, 2, Sess. L. 1958, p. 132; amended July 7, 1959,
No. 489, 1, Sess. L. 1959, p. 129.
HISTORY
Amendments-1959. The 1959 amendment renumbered section, formerly sec-
tion 171, as 181.
182. Amounts and scope of nursing scholarships; payments
The amounts of the scholarships shall not exceed the sum of
$1,800 a year, and shall take into account the costs of lodging and
maintenance, uniforms, books and supplies, academic instructions,
transportation and any other related expenses necessarily incidental
to the course of study. Scholarship payments shall be made directly
to the appropriate administrative authorities of the respective
T.17 180
Ch. 15
schools of nursing.-July 9, 1958, No. 352, 3, Sess. L. 1958, p. 132;
amended July 7, 1959, No. 489, 1, Sess. L. 1959, p. 129.
HISTORY
Amendments-1959. The 1959 amendment renumbered section, formerly
section 172, as 182.
183. Rules and regulations to effectuate sections 180-184
The Commissioner of Health shall issue such rules and regula-
tions as may be necessary or appropriate for the effectuation of the
provisions of sections 180-184 of this title.-July 9, 1958, No. 352,
4, Sess. L. 1958, p. 132; amended July 7, 1959, No. 489, 1,
Sess. L. 1959, p. 129.
HISTORY
Amendments-1959. The 1959 amendment renumbered section, formerly
section 173, as 183.
Regulations. Text of regulations issued under authority of former section 173
of this title, now this section, see Title 17, V. I. Rules and Reg., 173-1 to
173-7.
184. Appropriation of funds for nursing scholarships
Funds for the provision of scholarships under sections 180-184
of this title shall be appropriated by the Legislature in the annual
budgets of the Department of Health.-July 9, 1958, No. 352, 5,
Sess. L. 1958, p. 132; amended July 7, 1959, No. 489, 1, Sess. L.
1959, p. 129.
HISTORY
Amendments-1959. The 1959 amendment renumbered section, formerly
section 174, as 184.
185. Edward Wilmot Blyden Scholarship for education beyond
high school
There is hereby created the Edward Wilmot Blyden Scholarship
in the amount of $4,000 for 4 years of education beyond high
school. This scholarship shall be granted in annual installments of
$1,000 for a 4-year period.-Added May 11, 1960, No. 554, Sess. L.
1960, p. 59; amended June 12, 1961, No. 727, 1, Sess. L. 1961,
p. 78.
HISTORY
Amendments-1961. The 1961 amendment substituted "for four years of
education beyond high school" for "for four years of college education, to be
awarded to the high school graduate in the Virgin Islands with the highest
scholastic record of achievement for the four years of high school training".
Sections 201-203. This section and the two sections immediately following
were added to this chapter as sections "201", "202" and "203", respectively, by
Act May 11, 1960, cited above. However, as the next chapter (chapter 17)
commences with a section numbered "191", the three sections referred to above
in this note are numbered "185 [this section]", "186" and "187", so that they
65
Ch. 15
SCHOLARSHIPS
T.17 185
will follow, in sequence, the section (184) which was the last section in this
chapter until said three sections were added.
Preamble. The preamble to Act May 11, 1960, cited above, which is classified
to this section and sections 186 and 187 of this title, provided:
"WHEREAS Edward Wilmot Blyden (1832-1912), born in Saint Thomas,
Virgin Islands, was an outstanding linguist, author, and scholar, who served as
President of the Liberia College and held many important government posi-
tions in that country; and
"WHEREAS his life work should serve as a shining example for the youth
of the Virgin Islands; and
"WHEREAS there is no better way to recognize and honor the international
contributions of this outstanding Virgin Islander than to create a scholarship
in his name for advanced education for our youth."
186. Same; college entrance test; selection of student
Each year the Virgin Islands Board of Education shall give a
standardized college entrance test to the students receiving the two
highest scholastic honors from each of the high schools of the
Virgin Islands, and the Board shall select the student to be awarded
this scholarship on the basis of the scoring on such test.-Added
May 11, 1960, No. 554, Sess. L. 1960, p. 59; amended June 12, 1961,
No. 727, 2, Sess. L. 1961, p. 78.
HISTORY
Codification. Section was added to this chapter by Act May 11, 1960, cited
above, as section "202", but is numbered "186". See note under section 185 of
this title.
Amendments-1961. The 1961 amendment substituted the provisions for giv-
ing a college entrance test, etc., for the provisions for review by the Board "of
the scholastic record of all high school graduates in the Virgin Islands and
select the graduate with the highest scholastic record to be awarded this
scholarship".
187. Appropriation of funds; time of commencement
Funds for this scholarship shall be appropriated in the annual
budget for the Department of Education, beginning with the fiscal
year July 1, 1960, to June 30, 1961. The first scholarship shall be
granted at the end of the school year in 1961.-Added May 11,
1960, No. 554, Sess. L. 1960, p. 59.
HISTORY
Codification. Section was added to this chapter by Act May 11, 1960, cited
above, as section "203", but is numbered "187". See note under section 185 of
this title.
T.17 185
EDUCATION LAW
Ch. 15
Chapter 17. Private, Parochial and
Denominational Schools
SECTION ANALYSIS
191. Subsidies for private schools.
192. Certificate of accreditation for parochial or private
schools; display.
193. Inspection of accredited schools.
PRESERVATION AND CONTINUANCE OF EXISTING SCHOOLS
Preservation and continuance of existing schools by section 97(a) of Act
May 16, 1957, No. 160, Sess. L. 1957, p. 58 (which by section 1 thereof enacted
this Code into law), see note preceding section 41 of this title.
191. Subsidies for private schools
(a) Subsidies from Government funds available for such purpose
may be granted to schools other than public schools, for strictly
educational purposes, by the Virgin Islands Board of Education,
upon the recommendation of the Commissioner of Education. How-
ever, no subsidy or financial help shall be given by the Government
to denominational or sectarian schools or institutions.
(b) Subsidies may be withdrawn at any time by the Board upon
the recommendation of the Commissioner.
HISTORY
Revision note. Based on 1921 Codes, Title II, ch. 35, 14.
Words "available for such purpose" were inserted in subsection (a) to make
clear that the Government funds involved first had to be appropriated for a
subsidy.
Changes were made in phraseology.
-Prior law. The 1921 Codes, Title II, ch. 35, 11(a), (b), provided for the
establishment of schools other than public schools upon written permission of
the former Director of Education, for the procedure to be followed in such
cases, and for appeals in case of refusal of such permission. Such provisions
have been omitted from this Code on recommendation of the Code Advisory
Committee.
192. Certificate of accreditation for parochial or private schools;
display
When requested the Commissioner of Education shall issue a
certificate of accreditation to a parochial or private school if he
finds that the building and equipment, and the curriculum and
teaching personnel of the school, have an efficiency substantially
equal to that required in a public school of like grade. Any school
having a certificate of accreditation shall display it in some con-
spicuous place in the school, as evidence of compliance with the
requirements of the compulsory school attendance provisions of this
title, and all other applicable provisions of law.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 3, 2.
Changes were made in phraseology and arrangement.
193. Inspection of accredited schools
The Commissioner of Education shall at least once each year
inspect each accredited school to ascertain whether its standards of
efficiency are maintained. If upon examination the Commissioner
finds that any school is not maintaining required standards of
efficiency, he shall by written notice to the head of the school state
clearly in what manner such school is deficient, and shall direct
that the required standards of efficiency be adhered to within a
reasonable time stated in the notice. If at the expiration of such
time the Commissioner finds that the school so notified has not
complied satisfactorily with his directions he shall report the facts
fully in writing to the Virgin Islands Board of Education. The
Board shall thereupon examine the conditions reported by the
Commissioner of Education, and if deemed advisable may by reso-
lution adopted at a regular meeting order the school closed.
HISTORY
Revision note. Based on Act Leg. Assem. app. Jan. 25, 1940 (Bill no. 1),
ch. 3, 2.
Words "shall at least once each year" were substituted for "may" near
beginning of section, upon recommendation of the Code Advisory Committee.
Changes were made in phraseology and arrangement.
-Prior law. Similar provisions with respect to closing schools "other than
public schools" were contained in 1921 Codes, Title II, ch. 35, 11(c)-e).
T.17 192
EDUCATION LAW
Ch. 17
Chapter 19. Kindergartens; Day Care Centers
SECTION ANALYSIS
221. Establishment of kindergartens in St. Croix.
222. Facilities for St. Croix kindergartens.
223. [Repealed.]
Kindergarten in Savan Area of St. Thomas. Act May 14, 1956, No. 80, 1,
Sess. L. 1956, p. 50, provided for the construction of a modern kindergarten
school in the Savan Area of St. Thomas adequate for the kindergarten en-
rollment of the area.
221. Establishment of kindergartens in St. Croix
The Commissioner of Education shall, under the general super-
vision and direction of the Governor, establish kindergarten schools
on the Island of St. Croix.
HISTORY
Revision note. Based on Act July 2, 1956, No. 126, 1, Sess. L. 1956, p. 150.
Changes were made in phraseology.
-Appropriations for St. Croix kindergartens. Act July 2, 1956, No. 126,
3, Sess. L. 1956, p. 150, appropriated $30,000 during the fiscal year 1956 for
establishment and administration of kindergarten schools in St. Croix.
222. Facilities for St. Croix kindergartens
The Commissioner of Education shall, whenever possible, use for
such kindergarten schools any available building facilities which
were formerly used or could now be used for such schools.
HISTORY
Revision note. Based on Act July 2, 1956, No. 126, 2, Sess. L. 1956, p. 150.
223. Repealed. June 10, 1959, No. 455, 1, Sess. L. 1959, p. 63.
Section, which related to establishment of day care centers, was derived
from Act May 18, 1955, No. 55, 1, Sess. L. 1955, p. 129. Section is now
covered by section 19 of Title 34.
Chapter 21. Evening Schools
SECTION ANALYSIS
241. Evening courses for adults.
242. Use of Department facilities; fees; rules and regulations.
241. Evening courses for adults
The Commissioner of Education shall establish evening courses in
commercial, vocational and academic subjects as the needs of the
Virgin Islands may require for adults who have been domiciled in
the Virgin Islands for a period of at least one year.
HISTORY
Revision note. Based on Act Mar. 8, 1955, No. 2, 1, Sess. L. 1955, p. 2.
Words "beginning with the 1955-1956 school year" were omitted as unneces-
sary.
-Prior law. A "St. Thomas Evening School" was established in 1941 by
Ord. Mun. C. St. T. and St. J. app. Aug. 15, 1941. It covered substantially the
same subject as this chapter.
242. Use of Department facilities; fees; rules and regulations
The Commissioner shall use the facilities of the Department of
Education for teaching the courses authorized in this chapter, and
he may employ instructors in the public school system at such
additional compensation as he shall fix to teach such courses. The
Commissioner may, with the approval of the Virgin Islands Board
of Education, charge fees for any courses. He shall issue rules and
regulations, with the approval of the Board, to implement the pro-
visions of this chapter.
HISTORY
Revision note. Based on Act Mar. 8, 1955, No. 2, 2, Sess. L. 1955, p. 2.
Changes were made in phraseology.
Rules and regulations. Text of rules and regulations issued under authority
of this section, see Title 17, V. I. Rules and Reg., 242-1.
Chapter 23. Vocational Education and
Vocational Rehabilitation
Subchapter I. Vocational Education
SECTION ANALYSIS
261. Acceptance of Federal benefits.
262. Powers and duties of Board.
263. Commissioner of Finance as custodian of funds.
Subchapter II. Vocational Rehabilitation
271. Purpose.
272. Definitions.
273. Administration of program.
274. Powers and duties of Board.
275. Receipt and disbursement of Federal funds.
276. Gifts.
277. Eligibility for services.
278. Assignability of maintenance rights.
279. Hearing for aggrieved person.
280. Misuse of records and information.
281. Limitation on political activity.
Subchapter I. Vocational Education
261. Acceptance of Federal benefits
The Government of the Virgin Islands accepts the provisions of
the Act of Congress, approved March 18, 1950, entitled "An Act to
Extend the Benefits of the Vocational Education Act of 1946 to the
Virgin Islands," and the Act of Congress, approved August 1, 1946,
entitled "An Act to Amend the Act of June 8, 1936, relating to
Vocational Education, so as to provide for the further development
of vocational education in the several States and Territories," and
any act or acts amendatory thereof or supplementary thereto.
HISTORY
Revision note. Based on Act Leg. Assem. app. Sept. 19, 1950 (Bill no. 7), 1.
-Prior law. Similar provisions accepting Federal aid for vocational educa-
tion were adopted in St. Thomas, subject to concurrent adoption in St. Croix,
by Ord. Mun. C. St. T. and St. J. app. May 11, 1950 (Bill no. 135).
Federal Acts. The Federal Vocational Education Act of 1946, applicable in
the Virgin Islands, is Act Aug. 1, 1946, ch. 725, 60 Stat. 775, 20 U.S.C.
15i-15m and 15o-15q, as extended by Act Mar. 18, 1950, ch. 71, 64 Stat.
27, 20 U.S.C. 31-33.
EDUCATION LAW
262. Powers and duties of Board
The Virgin Islands Board for Vocational Education shall be the
sole agency for the administration of the vocational programs in
the Virgin Islands under this subchapter and the Acts of Congress
referred to in section 261 of this title, and shall-
(1) cooperate with the Office of Education, within the United
States Department of Health, Education, and Welfare, in the ad-
ministration of all Acts of Congress relating to vocational educa-
tion, and administer all provisions of this Code relating thereto, as
well as any other legislation pursuant thereto enacted by the Legis-
lature;
(2) approve plans for cooperating with the Federal Government
in carrying out any and all phases of the vocational education pro-
gram in which it may find cooperation to be desirable;
(3) administer the funds provided by the Federal Government
and the Legislature for the promotion of vocational education in
qualifications for teachers and supervisors of such subjects, and,
distributive education;
(4) approve plans for the promotion of vocational education as
an essential and integral part of the public school system in the
Virgin Islands, and provide for the preparation of teachers in such
subjects;
(5) make certification for payment of the compensation of
officials and other personnel appointed under section 99 of Title 3
for the proper administration in the Virgin Islands of the provisions
of this subchapter and of any Federal Acts relating to vocational
education, and of other expenses of administration of such voca-
tional education programs, from funds appropriated for these pur-
poses;
(6) provide for the making of studies and investigations relat-
ing to vocational education in such subjects;
(7) promote, maintain, and aid in the establishment of schools,
departments, or classes for training in such subjects, prescribe the
qualifications for teachers and supervisors of such subjects, and,
subject to the approval of the Governor, provide for the certifica-
tion, selection, determination of salaries, and appointment of such
teachers and supervisors;
(8) establish and determine by general regulations the qualifica-
tions to be possessed by persons engaged in the training of voca-
T.17 262
Ch. 23
VOCATIONAL ED. AND REHABILITATION
tional education programs and for the articulation of this work with
other phases of the territorial programs;
(9) do all things necessary to entitle the Virgin Islands to
receive the benefits of all funds appropriated to the Virgin Islands
under the Acts of Congress referred to in this section; and
(10) prepare and issue rules and regulations necessary for the
proper administration of this subchapter.-Amended May 16, 1957,
No. 160, 40, Sess. L. 1957, p. 32.
HISTORY
Amendments-1957. The 1957 Act amended opening clause and clause (5) to
substitute in the former a reference to the Virgin Islands Board for Vocational
Education (see section 99 of Title 3) for a reference to the "Virgin Islands
Board of Education, in its capacity as the state board for vocational education",
and to restate in the latter the functions of the Virgin Islands Board for Voca-
tional Education with respect to payment of compensation and expenses; and
added clause (10).
Revision note. Based on Act Leg. Assem. app. Sept. 19, 1950 (Bill no. 7),
2, 3, and the Governor's Exec. Ord. No. 9, 2(e), eff. July 21, 1955, such
Order having been issued under authority of section 16(a) of the Revised
Organic Act of the Virgin Islands, approved July 22, 1954, set out preceding
Title 1.
The last sentence of the first paragraph of the above-cited section 2(e) of
Exec. Ord. No. 9, eff. July 21, 1955, as well as the corresponding sentence in
section 2(e) of Exec. Ord. No. 1, eff. Jan. 10, 1955 (which order, for the most
part, was superseded by said Exec. Order No. 9), provided that "the [Virgin
Islands] Board [of Education] herein established shall perform such functions
as have heretofore been performed by the Virgin Islands Board for
Vocational Education .". This provision has been omitted from this Code
as no longer necessary. The laws relating to vocational education have been
revised to reflect the changes effected by such Orders and carried into this
Code.
Other provisions of the above-cited section 2(e) of Exec. Ord. No. 9, eff.
July 21, 1955, have been carried into other sections of this title, and Titles 3
and 32.
Changes were made in phraseology.
-Prior law. Provisions similar to those of section 2(e) of Exec. Ord. No. 9,
eff. July 21, 1955, from which this section was partly derived, were contained
in section 2(e) of Exec. Ord. No. 1, eff. Jan. 10, 1955. See note under section
61 of Title 3.
Regulations. For text of regulations issued under authority of this section,
see the following:
Insular plan for vocational education, Title 17, V. I. Rules and Reg.,
262-41 to 262-43, issued under authority of pars. (1), (2), (4) and (10) of
this section.
Teachers in vocational education programs, Title 17, V. I. Rules and Reg.,
262-1 and 262-2.
CROSS REFERENCES
Board for Vocational Education. Virgin Islands Board for Vocational Educa-
tion, establishment, etc., see section 99 of Title 3.
263. Commissioner of Finance as custodian of funds
The Commissioner of Finance of the Virgin Islands is custodian
of all funds received under Acts of Congress for vocational educa-
Ch. 23
T.17 263
EDUCATION LAW
tion enumerated in section 261 of this title, and of all moneys
appropriated pursuant to this subchapter. The Commissioner of
Finance is authorized to receive and to provide for the proper cus-
tody of all moneys so received or appropriated by the Virgin
Islands for the purposes of such acts, or any act supplementary to
either, and to make disbursement thereof for the purposes specified
in such acts in accordance with law upon the order of the Virgin
Islands Board for Vocational Education.-Amended May 16, 1957,
No. 160, 41, Sess. L. 1957, p. 32.
HISTORY
Amendments-1957. The 1957 amendment substituted "Virgin Islands Board
for Vocational Education" for "Virgin Islands Board of Education when act-
ing as the state board for vocational education."
Revision note. Based on Act Leg. Assem. app. Sept. 19, 1950 (Bill no. 7), 4.
Words "When acting as the state board for vocational education" were
added at end of section.
Changes were made in phraseology.
Subchapter II. Vocational Rehabilitation
271. Purpose
It is the purpose of the Virgin Islands to provide vocational reha-
bilitation services to physically handicapped individuals of the
Virgin Islands so that they may prepare for and engage in useful
and remunerative occupations to the extent of their capabilities,
thus increasing their social and economic well-being and the pro-
ductive capacity of the Virgin Islands and reducing the burden of
dependency on families and taxpayers.
HISTORY
Revision note. Based on Act Mar. 28, 1955, No. 18, 1, Sess. L. 1955, p. 23.
Changes were made in phraseology.
Separability; saving clause; appropriation authorization; short title. Sections
15-18, respectively of Act Mar. 28, 1955, No. 18, Sess. L. 1955, p. 30, provided
as follows: "If any of provision of this Act, or the application thereof to any
person or circumstance, is held invalid, the remainder of the Act, and the
application of such provision to other persons or circumstances, shall not be
affected thereby.
"The Legislature reserves the right to amend or repeal all or any part of
this Act at any time; and there shall be no vested private right of any kind
against such amendment or repeal. All rights, privileges, or immunities con-
ferred by this Act or by acts done pursuant thereto shall exist subject to the
power of the legislature to amend or repeal this Act at any time.
"There are hereby authorized to be included in the appropriations for the
Board such sums as may be necessary to carry out the provisions of this Act.
"This Act may be cited as the 'Vocational Rehabilitation Act of the Virgin
Islands.' "
Federal law. The Federal Vocational Rehabilitation Act was enacted by Con-
gress by Act June 2, 1920, ch. 219, 41 Stat. 735, and substantially reenacted by
Act July 6, 1943, ch. 190, 57 Stat. 374, set out in 29 U.S.C. 31-41.
74
T.17 263
Ch. 23
VOCATIONAL ED. AND REHABILITATION
272. Definitions
For the purposes of this subchapter-
"maintenance" means payments to cover the handicapped indi-
vidual's basic living expenses, such as food, shelter, clothing, health
maintenance, and other subsistence expenses essential to achieving
the individual's vocational rehabilitation objective;
"nonprofit", when used with respect to a rehabilitation facility or
a workshop, means a rehabilitation facility and a workshop, respec-
tively, owned and operated by a corporation or association, no part
of the net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual and the income of
which is exempt from taxation under section 501(c) of the Virgin
Islands income tax law.
"physically handicapped individual" means any individual who is
under a physical or mental disability which constitutes a substan-
tial handicap to employment, but which is of such a nature that
vocational rehabilitation services may reasonably be expected to
render him fit to engage in a remunerative occupation;
"prosthetic device" means any appliance designed to support or
take the place of a part of the body, or to increase the acuity of a
sensory organ;
"rehabilitation facility" means a facility operated for the pri-
mary purpose of assisting in the rehabilitation of physically handi-
capped individuals-
(1) which provides one or more of the following types of
services-
(A) testing, fitting, or training in the use of prosthetic
devices;
(B) prevocational or conditioning therapy;
(C) physical or occupational therapy;
(D) adjustment training; or
(E) evaluation or control of special disabilities or
(2) through which is provided an integrated program of medi-
cal, psychological, social, and vocational evaluation and services
under competent professional supervision; provided, that the major
portion of such evaluation and services is furnished within the
facility and that all medical and related health services are pre-
scribed by, or are under the formal supervision of, persons licensed
to practice medicine or surgery in the Virgin Islands.
"remunerative occupation" includes employment in the competi-
tive labor market; practice of a profession; self-employment; home-
Ch. 23
T.17 272
EDUCATION LAW
making, farm, or family work (including work for which payment
is in kind rather than in cash); sheltered employment; and home
industries or other homebound work of a remunerative nature;
"vocational rehabilitation services" means diagnostic and related
services (including transportation) incidental to the determination
of eligibility for and the nature and scope of services to be pro-
vided; training, guidance and placement services for physically
handicapped individuals; and, in the case of any such individual
found to require financial assistance with respect thereto, after full
consideration of his eligibility for any similar benefit by way of
pension, compensation, and insurance, any other goods and services
necessary to render such individual fit to engage in a remunerative
occupation (including remunerative homebound work) including
the following physical restoration and other goods and services-
(1) corrective surgery or therapeutic treatment necessary to
correct or substantially modify a physical or mental condition
which is stable or slowly progressive and constitutes a substantial
handicap to employment but is of such a nature that such correc-
tion or modification may reasonably be expected to eliminate or
substantially reduce such handicap within a reasonable length of
time;
(2) necessary hospitalization in connection with surgery or treat-
ment specified in paragraph (1);
(3) such prosthetic devices as are essential to obtaining or re-
taining employment;
(4) maintenance, not exceeding the estimated cost of subsist-
ence, during rehabilitation;
(5) tools, equipment, initial stocks and supplies (including equip-
ment and initial stocks and supplies for vending stands), books
and training materials, to any or all of which the Commissioner
of Education may retain legal title; and
(6) transportation (except where necessary in connection with
determination of eligibility or nature and scope of services) and
occupational licenses.
Such term also includes-
(7) the provision, for the severely handicapped, of remunerative
employment or self-employment through the use of vending stands
or other equipment and initial stocks and supplies in any type of
small business, the operation of which will be improved through
management and supervision by the Virgin Islands Board for
Vocational Education, and in workshops;
T.17 272
Ch. 23
VOCATIONAL ED. AND REHABILITATION
"workshop" means a place where any manufacture or handiwork
is carried on and which is operated for the primary purpose of
providing remunerative employment to severely handicapped indi-
viduals who cannot be readily absorbed in the competitive labor
market.-Amended May 16, 1957, No. 160, 42, Sess. L. 1957,
p. 33.
HISTORY
Amendments-1957. The 1957 amendment struck out the definition of
"Board" which followed opening clause, and, in clause (7), substituted "Virgin
Islands Board for Vocational Education" for "Commissioner of Education."
Revision note. Based on Act Mar. 28, 1955, No. 18, 2, Sess. L. 1955, p. 24.
Changes were made in phraseology and arrangement.
CROSS REFERENCES
Definition of "Virgin Islands income tax law", see section 1931 of Title 33.
273. Administration of program
The Virgin Islands Board for Vocational Education shall be the
sole agency for the administration, in the Virgin Islands, of the
vocational rehabilitation program provided for by this subchapter,
and by the Federal Vocational Rehabilitation Act and all Acts of
.Congress amendatory thereof or supplementary thereto.-Amended
May 16, 1957, No. 160, 43, Sess. L. 1957, p. 33.
HISTORY
Amendments-1957. The 1957 amendment substituted "Virgin Islands Board
for Vocational Education" for "Commissioner of Education", and amended sec-
tion generally. Originally, section had provided merely that the Commissioner
should "administer the vocational rehabilitation program in the Virgin Islands".
Revision note. Based on Act Mar. 28, 1955, No. 18, 3, Sess. L. 1955, p. 26.
Section rewritten to make clear that the responsibility for proper adminis-
tration of the vocational rehabilitation program lies with the Commissioner of
Education.
274. Powers and duties of Board
(a) The Virgin Islands Board for Vocational Education has
authority and jurisdiction to, and shall-
(1) cooperate with the United States Department of Health,
Education, and Welfare in carrying out, in the Virgin Islands,
the provisions of the Federal Vocational Rehabilitation Act, as
amended;
(2) cooperate with, and (pursuant to cooperative and other
arrangements where necessary) utilize the services of the Depart-
ment of Social Welfare, the Virgin Islands Employment Service,
the Bureau of Old-Age and Survivors Insurance (Department of
Health, Education, and Welfare) and other Federal, State, terri-
torial and Virgin Islands agencies providing services relating to
Ch. 23
T.17 274
vocational rehabilitation services; and to cooperate with, and utilize
the services of, private agencies and institutions providing such
services;
(3) administer the funds provided by the Federal Government
and the Legislature for the promotion of vocational rehabilitation;
(4) establish, operate, and maintain rehabilitation facilities
and workshops, provided, that to establish rehabilitation facilities
and workshops includes the acquisition by purchase, lease, gift or
otherwise of necessary lands, and the construction, expansion,
remodeling, or alteration, and equipment of necessary buildings;
(5) assist by means of money grants, where funds are avail-
able for such purposes, in the establishment of non-profit rehabili-
tation facilities and workshops, provided, that the grants authorized
by this subsection are limited to those which would be subject to
Federal participation pursuant to the Federal Vocational Rehabili-
tation Act, as amended; and
(6) conduct research and demonstrations and compile statis-
tics relating to the provision of services to or the need of services
by physically handicapped individuals, and initiate projects for the
extension and improvement of vocational rehabilitation services.
(b) In addition to the powers and duties prescribed in sub-
section (a) of this section, the Virgin Islands Board for Vocational
Education has authority and jurisdiction to, and shall-
(1) enter into an agreement with the Secretary of Health,
Education, and Welfare regarding determinations and certifications
of disability with respect to such class or classes of individuals in
the Virgin Islands as the Board deems reasonable;
(2) enter into agreements with schools, hospitals and other
institutions and agencies, both public and private, and with doctors,
nurses, technicians, and other persons, to provide for training,
transportation, physical restoration, and other vocational rehabili-
tation services;
(3) prepare, and from time to time amend, and submit to the
United States Department of Health, Education, and Welfare, the
Virgin Islands plan for vocational rehabilitation services as re-
quired to obtain the full benefits of the Federal Vocational Reha-
bilitation Act, as amended;
(4) establish and maintain such methods of administration as
are determined by the United States Secretary of Health, Educa-
tion, and Welfare to be necessary for the proper administration of
the plan;
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EDUCATION LAW
Ch. 23
VOCATIONAL ED. AND REHABILITATION
(5) make such reports, in such form and containing such
information as the United States Secretary of Health, Education,
and Welfare may from time to time reasonably require to carry out
its functions under the Federal Vocational Rehabilitation Act, as
amended, and to comply with such provisions as he may from time
to time find necessary to assure the correctness and verification of
such reports;
(6) make reasonable rules and regulations which it deems
necessary to carry out the purposes of this subchapter, including
rules and regulations relating to the-
(A) establishment and maintenance of personnel standards,
including provisions relating to the tenure, selection, and qualifi-
cations of personnel appointed under section 99 of Title 3 for the
proper administration of this subchapter;
(B) establishment and maintenance of minimum standards
governing the facilities and personnel utilized in providing voca-
tional rehabilitation services;
(C) protection of records and confidential information;
(D) manner and form of filing applications;
(E) eligibility, and investigation and determination thereof,
for vocational rehabilitation services;
(F) procedures for fair hearings; and
(G) criteria to be used and the order to be followed in
selecting eligible physically handicapped individuals when voca-
tional rehabilitation services cannot be provided to all eligible
persons who apply-
(7) make certification for payment of the compensation of
officials and other personnel appointed under section 99 of Title 3
for the proper administration of the provisions of this subchapter,
and of other expenses of administration of the vocational rehabili-
tation program, from funds appropriated or available for these
purposes;
(8) establish appropriate subordinate administrative units;
(9) prepare annual reports of activities and expenditures, and,
prior to each regular session of the Legislature, estimates of sums
required for carrying out the provisions of this subchapter and
estimates of the amounts to be made available for this purpose
from all sources; and
(10) take such other action as is determined to be necessary
or appropriate to carry out the purposes of this subchapter.
(c) The functions prescribed in subsection (b) of this section
Ch. 23
T.17 274
EDUCATION LAW
shall be performed by the Board, or, subject to its direction,
supervision, control, and approval, by such officials or employees,
employed by it for the purposes of carrying out this subchapter,
as it designates.-Amended May 16, 1957, No. 160, 44(a), (b),
(c), Sess. L. 1957, p. 33.
HISTORY
References in text. The Federal Vocational Rehabilitation Act, referred to in
the text, is classified to Title 29, United States Code, 31 et seq.
Amendments-1957. Section 44(a) of the 1957 Act renumbered section,
originally section 275, as 274.
Subsec. (a), formerly without subsection designation, designated "(a)" by
section 44(b) of the 1957 Act, which, in addition, substituted "Virgin Islands
Board for Vocational Education" for "Board" in opening clause, the latter
having referred to the Virgin Islands Board of Education when acting as the
state board for vocational education. There are now separate boards, and the
Virgin Islands Board for Vocational Education has jurisdiction over vocational
rehabilitation.
Subsecs. (b) and (c) added by section 44(c) of the 1957 Act, the provisions
contained therein formerly having been set out partly in a former section 274
and a former section 279 of this title (which were struck out by section 44(a),
cited above), which had been derived from Act Mar. 28, 1955, No. 18, 5, 10,
Sess. L. 1955, p. 26; and partly in sections 2(e) and 2(f) of the Governor's
Exec. Ord. No. 9, eff. July 21, 1955, as amended by Act Oct. 10, 1956, No. 143,
2, 3, Sess. L. 1956, p. 190. As so formerly set out, the functions were in the
Virgin Islands Board of Education, and a Director of Vocational Rehabilitation
(within the Department of Education). As set out in subsecs. (b) and (c) of
this section, the functions are vested in the Virgin Islands Board for Voca-
tional Education. See section 99 of Title 3.
Revision note. Based on Act Mar. 28, 1955, No. 18, 6, Sess. L. 1955, p. 27,
and the Governor's Exec. Ord. No. 9, 2(e), eff. July 21, 1955, such Order
having been issued under authority of the Revised Organic Act of the Virgin
Islands, approved July 22, 1954.
Other provisions of section 2(e) of Exec. Ord. No. 9, eff. July 21, 1955,
referred to above, have been carried into other sections of this title, and Title 3.
Changes were made in phraseology.
-Prior law. Act No. 18, Leg. Assem. app. Mar. 28, 1955, established a
"Division of Vocational Rehabilitation", and designated the "Board of Educa-
tion" (presumably the Virgin Islands Board of Education created by section
2(e) of Exec. Ord. No. 1. eff. Jan. 10. 1955, which for the most part was
superseded by the above-cited Exec. Ord. No. 9, eff. July 21, 1955, which also
established the Virgin Islands Board of Education), as the "Board for Voca-
tional Education, Division of Vocational Rehabilitation". Such provisions have
been omitted from this Code as superseded by said Exec. Ord. No. 9, eff.
July 21, 1955.
CROSS REFERENCES
Board for Vocational Education. Virgin Islands Board for Vocational Educa-
tion, establishment, etc., see section 99 of Title 3.
275. Receipt and disbursement of Federal funds
The Commissioner of Finance shall be the custodian of all funds
received from the Federal Government for the purpose of carrying
out any Federal statutes pertaining to the purpose of this sub-
chapter, and shall make disbursements from such funds and from
T.17 274
Ch. 23
VOCATIONAL ED. AND REHABILITATION
all Virgin Islands funds available for such purposes upon certifi-
cation in the manner provided in section 274(b) (7) of this title.
-Amended May 16, 1957, No. 160, 44(a), (d), Sess. L. 1957,
p. 33.
HISTORY
Amendments-1957. Section 44(a) of the 1947 Act renumbered section,
originally section 276, as 275. Section 44(d) of such Act, cited above, amended
section by substituting "section 274(b)(7) of this title" for "section 274(5) of
this title".
Revision note. Based on Act Mar. 28, 1955, No. 18, 7, Sess. L. 1955, p. 28.
Changes were made in phraseology.
276. Gifts
The Virgin Islands Board for Vocational Education may accept
and use gifts made unconditionally by will or otherwise for carrying
out the purpose of this subchapter. Gifts made under such condi-
tions as in the judgment of the Board are proper and consistent
with the provisions of this subchapter may be so accepted and shall
be held, invested, reinvested, and used in accordance with the con-
ditions of the gift.-Amended May 16, 1957, No. 160, 44(a), (e),
Sess. L. 1957, p. 33.
HISTORY
Amendments-1957. Section 44(a) of the 1957 Act renumbered section,
originally section 277, as 276. Section 44(e) of such Act, cited above, substi-
tuted "Virgin Islands Board for Vocational Education may" for "Commissioner
may, with the approval of the Board,".
Revision note. Based on Act Mar. 28, 1955, No. 18, 8, Sess. L. 1955, p. 28.
Changes were made in phraseology.
277. Eligibility for services
Vocational rehabilitation services shall be provided to any physi-
cally handicapped individual, including any civil employee of the
United States disabled while in the performance of his duty, who,
at the time of filing his application therefore, resides in the Virgin
Islands for other than a temporary purpose; provided, that where
necessary to achieve the vocational rehabilitation of an individual
such vocational rehabilitation services shall, in any event, include
physical restoration in addition to training, maintenance, placement,
and guidance.-Amended May 16, 1957, No. 160, 44(a), Sess. L.
1957, p. 33.
HISTORY
Amendments-1957. The 1957 amendment renumbered section, originally
section 278, as 277.
Revision note. Based on Act Mar. 28, 1955, No. 18, 9, Sess. L. 1957, p. 28.
81
Ch. 23
T.17 277
278. Assignability of maintenance rights
The right of any individual to maintenance under this subchapter
shall not be transferable or assignable at law or in equity.-
Amended May 16, 1957, No. 160, 44(a), Sess. L. 1957, p. 33.
HISTORY
Amendments-1957. The 1957 amendment renumbered section, originally
section 280, as 278.
Revision note. Based on Act Mar. 28, 1955, No. 18, 11, Sess. L. 1955, p. 29.
279. Hearing for aggrieved person
Any individual applying for or receiving vocational rehabilita-
tion or any other services authorized by this subchapter who is
aggrieved by any action or inaction of any authorized officer or
employee of the Virgin Islands Board for Vocational Education,
shall be entitled, in accordance with regulations, to a fair hearing
by the Board.-Amended May 16, 1957, No. 160, 44(a), (f), Sess.
L. 1957, p. 33.
HISTORY
Amendments-1957. Section 44(a) of the 1957 Act renumbered section,
originally section 281, as 279. Section 44(f) of such Act, cited above, substi-
tuted "any authorized officer or employee of the Virgin Islands Board for
Vocational Education," for "Commissioner of Education".
Revision note. Based on Act Mar. 28, 1955, No. 18, 12, Sess. L. 1955, p. 30.
Changes were made in phraseology.
Former section 279. A former section 279 of this title was struck out and its
provisions carried into section 274 of this title. See note under such section 274.
280. Misuse of records and information
It shall be unlawful, except for purposes directly connected with
the administration of the programs authorized by this subchapter,
and in accordance with regulations for any person or persons to
solicit, disclose, receive, or make use of, or authorize, knowingly
permit, participate in, or acquiesce in the use of any list, or names
of, or any information concerning persons applying for or receiving
vocational rehabilitation or any other services authorized by this
subchapter, directly or indirectly derived from the records, papers,
files, or communications of the Virgin Islands or subdivisions or
agencies thereof, or acquired in the course of the performance of
official duties.-Amended May 16, 1957, No. 160, 44(a), Sess. L.
1957, p. 33.
HISTORY
Amendments-1957. The 1957 amendment renumbered section, originally
section 282, as 280.
Revision note. Based on Act Mar. 28, 1955, No. 18, 13, Sess. L. 1955, p. 30.
82
T.17 278
EDUCATION LAW
Ch. 23
VOCATIONAL ED. AND REHABILITATION
281. Limitation on political activity
No officer or employee engaged in the administration of the pro-
grams authorized by this subchapter shall use his official authority
or influence or permit the use of the vocational rehabilitation pro-
grams for the purpose of interfering with an election or affecting
the results thereof or for any partisan political purpose. No such
officer or employee shall take any active part in the management of
political campaigns or participate in any political activity, except
that he shall retain the right to vote as he may please and to
express his opinion as a citizen on all subjects. No such officer or
employee shall solicit or receive, nor shall any such officer or
employee be obliged to contribute or render, any service, assistance,
subscription, assessment, or contributions for any political purpose.
Any officer or employee violating this provision shall be subject to
discharge or suspension.-Amended May 16, 1957, No. 160, 44(a),
Sess. L. 1957, p. 33.
HISTORY
Amendments-1957. The 1957 amendment renumbered section, originally
section 283, as 281. Section, originally section 283, renumbered "281" by Act
May 16, 1957, cited above.
Revision note. Based on Act Mar. 28, 1955, No. 18, 14, Sess. L. 1955, p. 30.
Ch. 23
T.17 281
Chapter 25. Veterans' Education
SECTION ANALYSIS
301. Veterans' educational and recreational program.
302. Tuition and expenses.
303. Program open to persons other than veterans.
304. Duties of Commissioner and Board.
305. Agreements with Veterans' Administration.
306. Transportation for veterans.
307. Return transportation.
308. Amount allowed for transportation.
309. Tax exemption on transportation.
310. Limitation on number receiving transportation.
311. Appropriation.
312. Attendance at academic or vocational courses without fee
or charge.
301. Veterans' educational and recreational program
(a) A veterans' educational and recreational program is estab-
lished in the Virgin Islands under the supervision of the Commis-
sioner of Education.
(b) The facilities of the program may include provision for
elementary, secondary, or vocational education and training, ac-
cording to the demand or need therefore; and in accordance with
standards and requirements set by the Veterans' Administration,
employing insofar as possible existing facilities of the school
system.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. Oct. 27, 1947
(Bill no. 136), 2, and Ord. Mun. C. St. C. app. Nov. 19, 1947 (Bill no. 84), 2.
Subsection (a) is new. It provides for the establishment and supervision of
the program.
Text of the Ord. of the Mun. C. of St. T. and St. J. was made applicable
throughout the Virgin Islands.
Veterans' Education Fund. Ord. Mun. C. St. T. and St. J. app. Oct. 27, 1947
(Bill no. 136), 1, created a Veterans' Education Fund in the following terms:
"SECTION 1(a). There is hereby created a revolving fund to be known as the
'Veterans Education Fund' to be employed solely for the financing of educa-
tional services and facilities for veterans, under the administration of the
Department of Education, and for the expansion of public vocational educa-
tional facilities useful for veterans. Funds appropriated by the Municipality
for this purpose shall be deposited in this fund, subject to refund to their
respective sources in such amounts and at such times as it shall appear that
refunds may be made without detriment to the program.
"(b) Income derived from the program, for Federal or other grants or reim-
bursements, or from any other source for this veterans education program
VETERANS' EDUCATION
shall be deposited in this fund, to be expended solely in connection with veter-
ans education and the expansion of vocational training and facilities.
"(c) The Commissioner of Finance is hereby authorized, upon direction of
the Governor, to transfer as needed from the 'Industrial Education Fund' as
created by the Ordinance approved October 19, 1926 to this Veterans Educa-
tion Fund sums not to exceed $1,000 in total amount outstanding at any one
time and subject to refund as provided in Section l(a)."
A similar fund was created in St. Croix by Ord. Mun. C. St. C. app. Nov. 19,
1947 (Bill no. 84), 1.
All funds were abolished by Governor's Exec. Ord. No. 9, 12, eff. July 21,
1955. See note under section 61 of Title 3.
Special veterans' scholarships. Four scholarships for veterans, for which
application had to be made by January 1, 1948, were created for residents of
St. Thomas and St. John by Ord. Mun. C. St. T. and St. J. app. Mar. 7, 1947
(Bill no. 9), as amended Ords. Mun. C. St. T. and St. J. app. Nov. 10, 1947 (Bill
no. 147), and Nov. 14, 1947 (Bill no. 151).
302. Tuition and expenses
Charges may be made of veterans enrolled in or participating in
the program, for tuition and operating expenses which will be paid
by the Veterans' Administration in accordance with schedules and
conditions authorized by contract or agreement with the Veterans'
Administration.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. Oct. 27, 1947
(Bill no. 136), 3, and Ord. Mun. C. St. C. app. Nov. 19, 1947 (Bill no. 84), 3.
Changes were made in phraseology.
CROSS REFERENCES
Attendance of veterans at academic or vocational courses without fee or
charge, see section 312 of this title.
303. Program open to persons other than veterans
Persons other than veterans may be admitted to training under
this program, provided they shall pay the same charges and fees
required of veterans.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. Oct. 27, 1947
(Bill no. 136), 4, and Ord. Mun. C. St. C. app. Nov. 19, 1947 (Bill no 84), 4.
Changes were made in phraseology.
304. Duties of Commissioner and Board
Insofar as compatible with the nature of this program, the Com-
missioner of Education and the Virgin Islands Board of Education
shall perform the same functions and have the same responsibilities
as in the regular program of the Department of Education.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. Oct. 27, 1947
(Bill no. 136), 5, and Ord. Mun. C. St. C. app. Nov. 1947 (Bill no. 84), 5.
Changes were made in phraseology.
Ch. 25
T.17 304
305. Argeements with Veterans' Administration
Such agreements by the Governor or the Commissioner of Edu-
cation with the Veterans' Administration as may be necessary or
proper for carrying out this program are authorized, ratified and
approved.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. Oct. 27, 1947
(Bill no. 136), 6, and Ord. Mun. C. St. C. app. Nov. 19, 1947 (Bill no. 84), 6.
Changes were made in phraseology.
306. Transportation for veterans
The Governor may defray the actual costs of transportation, out
of funds provided for the purpose, upon application, of any resident
veteran of the Virgin Islands, for the purpose of attending school
for vocational or academic training, in the Commonwealth of Puerto
Rico or continental United States. Before his transportation is
defrayed, the veteran must produce the following proof to the
Governor: that-
(1) he has been certified by the Veterans' Administration as
eligible for vocational or academic training under the G. I. Bill of
Rights or any other Federal law granting educational benefits to
veterans;
(2) there is a vacancy in the accredited school he expects to
attend and that he has been duly accepted for enrollment; and
(3) he has resided within the Virgin Islands at least one year
prior to his entry into the armed forces of the United States.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. July 7, 1947
(Bill no. 65), 1, and Ord. Mun. C. St. C. app. June 26, 1947 (Bill no. 28), 1.
Changes were made in phraseology.
In paragraph (3) words "his entry into the armed forces of the United
States" were substituted for "the entry of the United States into World War
II" so that transportation would be available to any veterans meeting one-year
residence requirement and entitled to benefits under Federal law.
Text of Ord. Mun. C. St. T. and St. J. was made applicable throughout the
Virgin Islands.
307. Return transportation
Veterans who have received transportation assistance to study
outside of the Virgin Islands shall be eligible to have the costs of
their transportation back to the Virgin Islands defrayed, upon com-
pletion of the course of study. Application for such assistance shall
be made to the Governor within three months after completion of
the course. The Governor shall, out of funds provided for the pur-
T.17 305
EDUCATION LAW
Ch. 25
VETERANS' EDUCATION
pose, defray the actual transportation of the veteran, provided that
the veteran has satisfactorily completed his course of study.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. July 7, 1947
(Bill no. 65), 2, and Ord. Mun. C. St. C. app. June 26, 1947 (Bill no. 28), 2.
Changes were made in phraseology.
308. Amount allowed for transportation
The total costs of transportation granted to any one veteran,
departing and returning to the Virgin Islands, shall not exceed
$280.00; provided a sum not to exceed 50% of this amount shall
be granted for one-way transportation.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. July 7, 1947
(Bill no. 65), and Ord. Mun. C. St. C. app. June 26, 1947 (Bill no. 28), 3.
309. Tax exemption on transportation
Any tax that may be levied by the Legislature on passenger
tickets shall not be collectible from any veteran traveling from the
Virgin Islands to Puerto Rico or continental United States for the
purpose of attending school, whether transportation is being fur-
nished in accordance with this chapter or otherwise. The Governor
or the Government Secretary by his direction, shall issue to any
veteran who complies with paragraphs (1)-(3) of section 306 of
this title, a certificate attesting that the veteran is leaving the
Virgin Islands for the purpose of attending school, before exemp-
tion from the tax is granted.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. July 7, 1947
(Bill no. 65), 4, and Ord. Mun. C. St. C. app. June 26, 1947 (Bill no. 28), 4.
Specific reference to tax levied by "Trade Tax Law of 1947" was changed to
cover any tax that may be levied by the Legislature on passenger tickets.
Changes were made in phraseology.
310. Limitation on number receiving transportation
The number of veterans granted assistance under sections of this
title to attend school for academic learning shall not exceed the
number of those granted similar assistance to attend vocational
schools.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. July 7, 1947
(Bill no. 65), 5, and Ord. Mun. C. St. C. app. June 26, 1947 (Bill no. 28), 5.
87
Ch. 25
T.17 310
T.17 311 EDUCATION LAW Ch. 25
311. Appropriation
A suitable sum, in accordance with the financial ability of the
Government of the Virgin Islands, shall be provided in the budget
each fiscal year, under a special item to be known as "Veterans
Assistance for Education", which sum shall be available for the
purpose provided in sections 306-311 of this title.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. July 7, 1947
(Bill no. 65), 6, and Ord. Mun. C. St. C. app. June 26, 1947 (Bill no. 28), 6.
Changes were made in phraseology.
312. Attendance at academic or vocational courses without fee or
charge
Veterans of the United States armed services resident in the
Virgin Islands who are otherwise qualified, shall be permitted to
attend, without fee or charge of any kind, any academic or voca-
tional courses conducted by the Department of Education in the
Virgin Islands, whether held in the day or night.--July 3, 1958,
No. 345, Sess. L. 1958, p. 126.
Chapter 27. Libraries and Museums
Subchapter I. Libraries
SECTION ANALYSIS
321. Supervision of public libraries; functions of Commissioner.
322. Free services to public; reservation of certain materials.
323. Acceptance of funds.
324. Rules and regulations.
325. Reports to Governor.
Subchapter II. Museums
341-343. [Repealed.]
344. Assistance to private museums.
345. [Repealed.]
Subchapter III. Miscellaneous Provisions Concerning
Libraries and Museums
351. [Repealed.]
RETENTION OF INCUMBENTS IN OFFICE
Professional incumbents in offices and positions in the Department of Educa-
tion, retention by section 97(b) of Act May 16, 1957, No. 160 (which by section
1 thereof enacted this Code into law), see note preceding section 121 of this
title.
Subchapter I. Libraries
The text of this subchapter is either new or is based upon the Governor's
Exec. Ord. No. 9, 2(d), eff. July 21, 1955, or Ord. Mun. C. St. T. and St. J.
app. Sept. 26, 1942. Provisions similar to those of said ordinance of Sept. 26,
1942, were contained in Ord. Mun. C. St. C. app. Nov. 17, 1941 (Bill no. 47).
321. Supervision of public libraries; functions of Commissioner
(a) The Commissioner of Education shall administer and operate
public libraries in the Virgin Islands, and shall be the custodian of
all books, pamphlets, manuscripts, records, archives, maps, photo-
graphs, pictures, paintings, periodicals, films, slides, music, and all
other similar property owned by the government of the Virgin
Islands which has not been placed in other custody by law.
(b) The Commissioner-
(1) shall direct all publicly supported library service in the
Virgin Islands so that it may respond to the growing needs of the
cultural and educational advancement of the people of the Virgin
Islands;
(2) shall organize, preserve, equip, and maintain special
administrative and legislative reference collections for the several
departments and agencies of the government;
(3) may prepare, print, and reproduce pamphlets, bibliographic
catalogues, manuscripts, monographs, or any literary or scientific
material necessary to be published in the interest of the govern-
ment or the public welfare, pertaining to the history of the Virgin
Islands, or of science and art in general;
(4) shall preserve, administer, classify and register such pub-
lic papers, and documents of the government as are made available
to the library;
(5) shall organize a filing system, distribute and exchange
publications and objects of art and natural history with such other
territories, states or countries as may wish to exchange such
publications and objects; and
(6) in general, shall perform all functions and duties related
to modern library administration and practice.
HISTORY
Revision note. Based upon Governor's Exec. Ord. No. 9, 2(d), eff. July 21,
1955, which vested the administration and operation of public libraries in the
Department of Education and abolished the Library Commissions in both
municipalities.
The text of this subchapter is either new or based upon the text of Ord. Mun.
C. St. T. and St. J. app. Sept. 26, 1942. Similar provisions were contained in
Ord. Mun. C. St. C. app. Nov. 17, 1941 (Bill no. 47).
The provision of subsec. (a) that the Commissioner shall be the custodian of
all books, pamphlets, etc., is new, and is patterned upon language proposed by
the Citizens Committee on Education, which suggested that the Bureau of
Libraries be such custodian. In this section, the function is vested in the Com-
missioner to conform with the policy adopted in this Code of placing functions
in the heads of the departments. See, however, section 62 of Title 3, authoriz-
ing the heads of departments to delegate functions. The Library and Museum
Bureau, which was established within the Department of Education by the Gov-
ernor's Exec. Ord. No. 9, eff. July 21, 1955, has not been continued by statutory
provision in this code. See section 94 of Title 3, and note thereunder.
Subsection (b) is new, and is inserted on recommendation of the Citizens
Committee on Education, and the Code Advisory Committee.
-Prior law. St. Thomas-The Colonial Council of St. Thomas and St. John
established a public library in the municipality by Ord. C. C. St. T. and St. J.
app. May 18, 1920, as amended by Ord. C. C. St. T. and St. J. app. Feb. 16,
1932, Jan. 3, 1933, and Mar. 27, 1937, and repealed by Ord. Mun. C. St. T. and
St. J. app. Sept. 26, 1942, 7.
St. Croix-The Colonial Council of St. Croix established two public libraries
for St. Croix by Ord. C. C. St. C. app. May 22, 1920, which was repealed by
Ord. Mun. C. St. C. Nov. 17, 1941 (Bill no. 47).
322. Free services to public; reservation of certain materials
The services of the Department of Education with respect to
public libraries shall be free. All books of general collection shall be
circulated free of charge to all residents of the Virgin Islands. How-
T.17 321
EDUCATION LAW
Ch. 27
LIBRARIES AND MUSEUMS
ever, books, materials, and documents of reference and specialized
collections shall be reserved for use within the libraries and shall be
made available only to persons who qualify according to regulations
prescribed by the Commissioner of Education.
HISTORY
Revision note. Section is new, and is inserted on recommendation of the Citi-
zens Committee on Education, and the Code Advisory Committee.
323. Acceptance of funds
The Virgin Islands Board of Education may accept contributions
of funds from the United States Government and other sources for
the purpose of maintaining and improving the public library service
in the Virgin Islands.
HISTORY
Revision note. Section is new, and is inserted on recommendation of the
Citizens Committee on Education, and the Code Advisory Committee.
324. Rules and regulations
The Commissioner of Education shall issue rules and regulations
governing opening hours, kind of equipment, fines, lending policy,
and minimum qualifications of employees of the public libraries.
HISTORY
Revision note. Based upon Ord. Mun. C. St. T. and St. J. app. Sept. 26, 1942,
3, and Ord. Mun. C. St. C. app. Nov. 17, 1941 (Bill no. 47), 3.
Rules. Text of rules issued under authority of this section, see Title 17,
V. I. Rules and Reg., 324-1.
325. Reports to Governor
The Commissioner of Education shall include in any regular
report on the activities of the Department of Education, which may
be required by the Governor under section 61 of Title 3, a report
on the activities and needs of the public libraries.
HISTORY
Revision note. Based on Ord. Mun. C. St. T. and St. J. app. Sept. 26, 1942,
4, and Ord. Mun. C. St. C. app. Nov. 17, 1941 (Bill no. 47), 4.
Section rewritten to harmonize with provisions of section 61 of Title 3
requiring departmental reports to Governor.
Subchapter II. Museums
341-343. Repealed. June 14, 1961, No. 756, 1, Sess. L. 1961,
p. 103.
HISTORY
Sections, which related to supervision of museums by the Commissioner of
Education, are now covered by section 11 et seq. of Title 3. For transfer of
Ch. 27
T.17 343
functions, property, personnel, etc., of Department of Education appertaining
to powers and duties under these repealed sections, to Office of the Governor,
see note under section 11 of Title 3.
Prior law. The repealed provisions were based on Governor's Exec. Ord.
No. 9, 2(d), eff. July 21, 1955, which vested the administration and operation
of public museums in the Department of Education and abolished the St.
Thomas and St. Croix Museum Commissions. Also based on Ord. Mun. C. St. T.
and St. J. app. Apr. 9, 1952 (Bill no. 118), 1, 2, 10, and Ord. Mun. C. St. C.
app. Jan. 19, 1951 (Bill no. 11), 1, 2, 10.
St. Croix Museum, Inc. Ord. Mun. C. St. C. app. Oct. 14, 1954 (Bill no. 138),
relating to incorporation of the St. Croix Museum, Inc., and to transfer thereto
of assets, etc., of former St. Croix Commission created by Ord. Mun. C. St. C.
app. Jan. 19, 1951 (Bill no. 11), formerly set out in note under this section, is
now set out in note under section 11 of Title 3.
344. Assistance to private museums
Private museums organized as non-profit corporations may be
given assistance in the form of public grants authorized by the
Legislature or by assignment of government personnel on a tempo-
rary basis not to exceed an aggregate of thirty days in any one
year: Provided, That the Governor, in his discretion, may appoint
a representative on the Board of Trustees of such museums: Pro-
vided further, That such museums meet the minimum standards
which may be prescribed by the Virgin Islands Board of Education:
And provided further, That they permit the Commissioner of Edu-
cation or his authorized representative to survey their activities
for the purpose of reporting to the Governor.-Amended May 16,
1957, No. 160, 45, Sess. L. 1957, p. 35.
HISTORY
Amendments-1957. The 1957 Act amended section to provide that the pub-
lic grants referred to shall be subject to authorization by the Legislature, and
to limit the temporary assignment of government personnel to an aggregate of
thirty days in any one year.
Revision note. Section is new, and is inserted on recommendation of the
Citizens Committee on Education, and the Code Advisory Committee.
345. Repealed. June 14, 1961, No. 756, 1, Sess. L. 1961, p. 103.
The repealed provisions, which authorized rules and regulations for opera-
tion of public museums, are now covered by section 11 of Title 3.
Subchapter III. Miscellaneous Provisions Concerning
Libraries and Museums
351. Repealed. June 14, 1961, No. 756, 1, Sess. L. 1961, p. 103.
Section, which related to transfer of materials to libraries and museums, is
now covered by section 11 et seq. of Title 3. See, particularly, section 12
thereof. For transfer of functions, property, personnel, etc., of Department of
Education appertaining to powers and duties under these repealed sections, to
Office of the Governor, see note under section 11 of Title 3.
92
T.17 343
EDUCATION LAW
Ch. 27
Chapter 29. Scouting
SECTION ANALYSIS
361. Availability of grants.
362. Annual grants authorized.
361. Availability of grants
Funds shall be made available in the annual appropriation for the
operation of the Department of Education for the grants authorized
by this chapter. Application shall be made to the Department of
Education by the appropriate Scouting agency in each case. The
grants shall be made available upon the recommendation of the
Commissioner of Education and the approval of the Governor.
HISTORY
Revision note. Based on Act May 22, 1956, No. 92, 2, Sess. L. 1956, p. 67.
Change was made in internal reference.
362. Annual grants authorized
There is hereby authorized to be appropriated as annual grants
out of any available funds in the Treasury of the Virgin Islands,
such amounts as shall be determined by the Legislature, for the
purpose of assisting in training and camping activities of the Boy
Scouts, Sea Scouts and Girl Scouts of the Virgin Islands. The
appropriate fiscal officers of the aforesaid organizations shall render
annual accounts of the application of the grants herein authorized
according to the appropriation under which the same may have
been advanced to them.-Amended Feb. 28, 1962, No. 821, Sess. L.
1962, p. 56.
HISTORY
Amendments-1962. The 1962 amendment eliminated references to specific
annual authorizations of $1,000 for the Boy Scouts and Sea Scouts jointly, and
$1,000 for the Girl Scouts, and added requirements for accounting.
Revision note. Based on Act May 22, 1956, No. 92, 1, Sess. L. 1956, p. 67.
Changes were made in phraseology.
Chapter 31. Apprenticeship Standards
SECTION ANALYSIS
381. Definitions.
382. Apprenticeship and Training Council.
383. Term of Council members.
384. Interim appointments.
385. Administration of Council.
386. Reimbursement of Council members.
387. Removal of Council members.
388. Functions and duties of the Council.
389. Apprenticeship and Training Division.
390. Functions of Apprenticeship and Training Division.
391. Appropriation and expenses.
392. Repeal of Apprenticeship Act of May 18, 1949.
393. Scope of this chapter.
1961 Amendment. This chapter was amended generally by Act Oct. 27, 1961,
No. 778, 1, Sess. L. 1961, p. 224, but without change in the chapter heading.
381. Definitions
When used in this chapter "apprenticeship" shall mean a training
program for a trade, the learning of which is sufficiently complex
as to require a training period of at least 4000 hours of reasonably
continuous employment, and which also requires participation
in a program of related technical instructions. The term "appren-
tice" means a person at least 16 years of age who is employed
under a written agreement to work at and learn a trade. An
"apprentice agreement" means an agreement entered into by an
apprentice with an employer, or a group of employers, or a Joint
Apprenticeship Committee, which provides for the participation of
the apprentice in a planned sequence of training on the job, supple-
mented by the required related technical instruction and for a pro-
gressively increasing scale of wages during the period of appren-
ticeship.
The term "other training" as used herein refers to any training
activity consisting primarily of training on the job which does not
fall under the definition of an apprenticeship.-Amended Oct. 27,
1961, No. 778, 1, Sess. L. 1961, p. 224.
HISTORY
Amendments--1961. The 1961 amendment substituted the provisions of this
section containing definitions for provisions that vested duty of administering
and operating apprenticeship training programs in Commissioner of Education.
See sections 388 and 390 of this title.
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