USVI Public Records

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; (3) Parochial and denominational schools, which are those supported by recognized parishes or religious communities, both of high moral standard.

(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 appropriations 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 administration 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 Government 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 Education to the administrator of the Personnel Merit System, under section 121 of this title, with respect to the qualifications of teachers, 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 III in section 551 of Title 3), and appointment of551 of Title 3arians, supervisors, and other professional personnel of the Department; (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; (8) bring court proceedings for enforcement of rights and the collection of accounts, and to this end may contract for such personal services as are deemed necessary by the Board; (9) promulgate rules and regulations for the certification of all elementary, secondary and post secondary educational institutions; and (10) prepare the budget for the Board for submission to the Director of the Office of Management and Budget. (b) The Board shall perform such other functions as may be prescribed or required by local or Federal law. History: Amended May 16, 1957, No. 160, § 33, Sess. L. 1957, p. 29; June 30, 1958, No. 323, § 2, Sess. L. 1958, p. 100; June 18, 1986, No. 5173, § 3, Sess. L. 1986, p. 164; June 24, 1987, No. 5265, § 802(d), (e), Sess. L. 1987, p. 84; Oct. 19, 1995, No. 6085, § 2, Sess. L. 1995, p. 216.

The Virgin Islands Board of Education shall visit each school while in session at least once a year. History: Amended May 16, 1957, No. 160, § 33, Sess. L. 1957, p. 29.

(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 subpoenas, 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 testimony regarding such matters. No subpoena shall be returnable in less than five days and no person shall be denied the right of representation 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. History: Amended May 16, 1957, No. 160, § 33, Sess. L. 1957, p. 29.

(a) The Board of Education shall: (1) in consultation with the Department of Education, conduct a thorough annual assessment and evaluation of all public school curricula and instruction, and school administration in the territory; (b) [Deleted.] (c) [Deleted.] (d) The Board of Education, in consultation with the Commissioner of Education, shall make recommendations to the Legislature and the Governor through an annual report of its findings and recommendations based on the inspections conducted under the provisions of this section no later than June 15 after the close of the school academic year. The report shall include: (1) findings of administrative deficiencies and the recommendations for addressing the deficiencies; (2) findings of guidance and counseling deficiencies and recommendations for addressing the deficiencies; and (3) identification of strengths and weaknesses of each school to include achievement and standardized test scores and statistics for dropouts, attendance, college entrance and vocation program entrance. History: Added Aug. 2, 2001, No. 6421, § 1, Sess. L. 2001, p. 106; amended Dec. 2, 2005, No. 6797, § 4, Sess. L. 2005, p. 445; amended Apr. 25, 2023, No. 8717, § 9(a)(1), (2), (b), Sess. L. 2023, p. 40.

(a) The Virgin Islands Department of Education, Virgin Islands Board of Education, a school district, college, university or school administrator may not create a dress code or policy that prohibits protective hairstyles from being worn in the school during school hours or school events; nor may a student be expelled or in any manner disciplined on the basis of a protective hairstyle worn by the student. (b) For purposes of this section, the term, "protective hairstyle" includes but is not limited to such hairstyles as braids, locks, twists, cornrows, Bantu knots, afros and other styles in which the hair is tightly coiled or tightly curled. History: Added Apr. 11, 2022, No. 8553, § 3, Sess. L. 2022, p. 102.

(a) The Virgin Islands Board of Education, upon the recommendation 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. (b) English shall be the basic language of instruction in all public schools and it shall be the policy of the Virgin Islands Board of Education to ensure the mastery of English by all pupils; provided that bilingual instruction may be offered in those situations when such instruction is educationally advantageous to the pupils. (c) All public schools in the Virgin Islands shall instruct all students in: (1) The history of the Virgin Islands and basic Caribbean history, such courses shall be part of the curriculum in grades kindergarten to eighth grade. From grades nine through twelve, the history of the Virgin Islands and basic Caribbean history shall be offered as specific courses. (2) A Virgin Islands cultural curriculum for kindergarten through grade twelve; (3) Drug prevention and substance education, family life, sex education, such subjects to be part of the health curriculum for grades K through 12, additionally an AIDS prevention education program shall be part of the health curriculum for grades kindergarten through 12; (4) Real estate appraisal for grades 10-12; (5) Financial education programs for students in grades Kindergarten through 12 based on the concept of achieving financial literacy through the teaching of personal financial management skills and the basic principles involved with earning, spending, saving and investing; (6) Hotel and Tourism Training Courses, such courses to be part of the curriculum starting in the 1994 school year in junior high school and continuing through the twelfth grade; (7) Swimming and water safety for at least one school year, one hour per week taught by instructors with American Red Cross Water Safety Instruction Certification; (8) A structured civics course for grades 9-12 which utilizes materials relevant to the Virgin Islands and includes the functions of the three branches of Government of the Virgin Islands and the roles of public officials; and (9) Basic agriculture education for students in Kindergarten through 12th grade pursuant to § 41e of this chapter. (d) The Commissioner of Education, in conjunction with the Virgin Islands Board of Education, shall promulgate rules and regulations to carry out this section no later than 24 months after the date of enactment of this paragraph. History: Amended Apr. 19, 1972, No. 3208, § 1, Sess. L. 1972, p. 67; July 11, 1983, No. 4844, Sess. L. 1983, p. 111; May 22, 1990, No. 5552, § 1, Sess. L. 1990, p. 177; Sept. 24, 1990, No. 5623, § 3, Sess. L. 1990, p. 334; Nov. 18, 1991, No. 5756, § 3, Sess. L. 1991, p. 258; Mar. 23, 1992, No. 5781, § 1, Sess. L. 1992, p. 44; Jan. 25, 1994, No. 5953, § 2, Sess. L. 1994, p. 4; Mar. 20, 1996, No. 6097, § 7, Sess. L. 1996, p. 23; Aug. 2, 2002, No. 6534, § 15, Sess. L. 2002, p. 437; Mar. 8, 2010, No. 7149, § 9, Sess. L. 2009, p. 419; Apr. 15, 2010, No. 7167, § 2(a)-(d), Sess. L. 2010, pp. 58, 59; May 14, 2012, No. 7352, § 1(a), Sess. L. 2012, p. 48; amended Oct. 7, 2016, No. 7934, § 1(a)-(c), Sess. L. 2016, p. 188; amended Jan. 19, 2023, No. 8684, § 1, Sess. L. 2022, p. 385; amended June 14, 2023, No. 8730, § 1(a), (b), Sess. L. 2023, p. 52.

(a) There is established in the Department of Education the Division of Bilingual and English Language Development for Children whose primary language is not English. The Division shall be headed by a director who is qualified by education, training, and experience to take responsibility for, and give direction and guidance to the Bilingual and English Language Development Program and the Department of Education relating to children whose primary language is not English. (b) The Department of Education shall establish and maintain the Bilingual and English Language Development Program in the Virgin Islands public schools for students once 10 or more students are identified as English Learners to assist these students in attaining English language proficiency and meeting academic standards. The Bilingual and English Language Development Program may consist of implementing a Bilingual Education or an English as a Second Language Support Program. If fewer than 10 students are identified as English Learners at a school, then the Department of Education shall enroll the student at the nearest school where the Bilingual and English Language Development Program has been established. For purposes of this subsection: (1) English Learners are students enrolled in grades Pre-Kindergarten through twelfth and in educational courses, who cannot speak, understand, read, or write the English language well enough to carry out class activities in the same manner as their peers in the grades in which they are enrolled. (2) Bilingual Education consists of classroom instruction in English and the students' native language taught by qualified bilingual education teachers which allows English learners to acquire grade-level academic skills in their native language while learning the English Language. (3) English as a Second Language (ESL) is an instructional approach in which English is the primary language of instruction. Qualified ESL teachers provide instructional support to assist English learners learn the English language. (c) The Government of the United States Virgin Islands accepts all the provisions of the Act of Congress, approved January 2, 1968, cited as the "Bilingual Education Act" and any act or acts amendatory thereof or supplementary thereto. The Virgin Islands Department of Education shall be the sole agency of the administration of Bilingual and English Language Development Program under this section and the Act of Congress referred to herein, and shall- (1) Create a plan and take the necessary steps leading to developing, implementing, and evaluating programs designed to meet the language instructional needs of students with limited English-speaking and comprehension abilities in the Virgin Islands public schools; (2) Recruit qualified ESL teachers and provide workshops and training to staff, paraprofessionals, teachers, school administrators, counselors, and other ancillary education personnel in the implementation and execution of the Bilingual and English Language Development Program; (3) Provide the necessary instructional materials and equipment for the Bilingual and English Language Development Program; (4) Establish through the Department of Education procedures to communicate meaningfully with parents who have limited English proficiency and effectively keep them informed about their legal rights, programs, services, and activities available to all parents; (5) Seek through the Department of Education federal funds for the purpose of initiating and maintaining the provisions of this section; (6) Establish through the Board of Education minimum training requirements of basic knowledge in the instruction of English learners for the general certification of teachers and school administrators, which training must be included within the established professional development requirement; (7) Implement policies to avoid the retention in a grade of an English Learner based solely on English Learner's lack of English Proficiency. Evidence must be shown that all appropriate modifications, support and assessment to allow adequate instruction were implemented over time prior to considering grade retention; and (8) Provide access to adequate instruction to students identified as English Learners with Disabilities. History: Added Apr. 19, 1972, No. 3208, § 2, Sess. L. 1972, p. 68; amended June 24, 1976, No. 3815, § 1, Sess. L. 1976, p. 54; Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354; amended Apr. 11, 2022, No. 8555, § 1(a)-(d), Sess. L. 2022, p. 110-112.

(a) For the purposes of this section "Character Education" means a structured curriculum where the children of the Virgin Islands learn about character traits, including but not limited to, commitment, cooperation, courtesy, creativity, generosity, honesty, moderation, patience, patriotism, punctuality, respect, compassion for others, respect for the environment, school pride, self-discipline, tolerance, dignity and the necessity of hard work. (b) The Department of Education shall establish a comprehensive elective character education program for grades K-12 grade consisting of not less than ten (10) minutes of instruction per day. Character education exercises may also include an assembly program to be held at least once a month. (c) The curriculum developed by the Department of Education shall be adopted and approved by the Board of Education, in accordance with section 21 of this title. The Department of Education shall be the administrator of the character education program and shall: (1) take all necessary steps to provide workshops and training for character education for school personnel; and (2) secure the necessary teaching materials and equipment to implement the character education program in public schools in the Virgin Islands. (d) The Department of Education shall seek federal funds for the purpose of initiating and maintaining the provisions of this section. Funds shall also be appropriated annually in the Department of Educations' budget. Grants, contributions, gifts and bequests may also be made available for purposes of this section. History: Added Nov. 15, 2001, No. 6417, § 1, Sess. L. 2001, p. 60.

(a) This section may be cited as "The Worker Preparation Educational Program Act". (b) As used in this section (1) "Commissioner" means the Commissioner of the Department of Education. (2) "Cooperative education" means a structured method of instruction in work-related matters, including federal and local labor laws, designed for high school seniors to increase their knowledge of work and employment matters, develop and augment communication interpersonal, decision-making and lifelong learning skills needed for success in the job market and to provide learning experiences in employer-employee relations, team work, customer service, and work assignment responsibilities, as an integral part of the Labor Relations Worker Preparation components Worker Preparation Course under subsections (d) and (e). (3) "Workforce preparation" means activities that are designed to prepare high school graduates for entry into the job market, including classroom exposure to core concepts in labor relations as well as more practical cooperative education arrangements administered as part of the component of the Labor Relations and the Worker Preparation components of the Worker Preparation Course established in subsections (d) and (e). (c) Except as provided in subsection (i), the Commissioner shall establish and offer a semester-long, intensive course in worker preparation at participating high schools for students in the final semester of their senior year who do not intend to enter a post-secondary institution for at least one year after graduation from high school. The worker preparation course must combine instruction in core principles of labor relations with the practical, general job related skills. (d) The Labor Relations component is taught for the first, nine-week marking period and a Worker Preparation component is taught for the second, nine-week marking period. (e) The Labor Relations Component consists of a classroom-lecture format and includes without limitation the following subject matters: (1) The history of labor unions and the history of collective bargaining; nationally as well as in the Virgin Islands; (2) Workers rights; and responsibilities; (3) An overview of the National Labor Relations Act; The Fair Labor Standards Act and National Labor Relations Act statutes; (4) Classes of employment discrimination, including sex, age discrimination, sexual harassment in the workplace, and all other classes of employment discrimination; (5) Employee benefits, including retirement, workers compensation, health insurance, unemployment insurance, sick leave, family leave; (6) Work hours, including over-time pay rules; (7) Occupational Safety and Health (OSHA) issues; (8) The problems of working people and their relations with employers and co-workers; (9) Termination of employment; wrongful discharge; and (10) Such other subjects as the Commission determines appropriate. (f) The Worker Preparation component of the course includes without limitation the following cooperative education and worker preparation activities: (1) Communication skills, including learning how to speak so others can understand, listening actively, reading with understanding and observing critically; (2) Interpersonal skills to include cooperating with others, learning teamwork strategies, resolving conflicts and negotiating; (3) Decision-making skills, including learning to identify and analyze problems, evaluate solutions and problem solving; (4) Lifelong learning skills, including developing clear thinking, self study and independent learning and using information and communication technology, time management; (5) Developing a strong work ethic, competence and punctuality; (6) Effective writing skills including English grammar and composition; (7) Cover letter and resume writing; (8) Use of the Public Employment Agency and Job Service and the Government Personnel Office; (9) Job interviewing skills, including pre-interview preparation, proper dress, speech, mannerisms and overall demeanor; and (10) Cooperative education arrangements whereby students attend field trips to real job settings in both the government and private sectors and other venues to and interact with employers and employees on relevant worker preparation topics and issues, have roundtable discussions with employers, employment recruiters and job counselors issues discussed during class and perform such other activities as may be assigned in class. (g) To be eligible for the program a student must be a senior who upon graduation intends to enter the work force, who has applied for the program on forms provided by the Department of Education and meets such other criteria as the Commissioner determines. (h) The Commissioner shall make arrangements with private-sector and government employers, job counselors, relevant governmental and private agencies and other persons and organizations to assist the Worker Preparation Educational Program in carrying out the purpose of this section. (i) This section does not apply to high schools in the territory which are primarily college preparatory or academic schools. However, the Commissioner may develop a course for these schools as determined appropriate for their particular situation. History: Added Jan. 15, 2010, No. 7100, § 1, Sess. L. 2009, pp. 174-176.

Fees; Rules; Evaluation (a) The Department of Education and the University of the Virgin Islands are authorized to establish a Dual Credit program. As used in this section, "Dual Credit Program" means a program that allows high school students to enroll in college-level courses offered by the University of the Virgin Islands that may be academic or career-technical but not remedial or developmental, and simultaneously to earn credit toward high school graduation and a post-secondary degree or certificate. (b) To be eligible to participate in the Dual Credit program, the student shall: (1) except as provided in subsection (c) of this section, be enrolled in high school in one-half or more of the minimum course requirements approved by the Department of Education and/or the Board of Education for high school students; and (2) obtain permission from a school counselor and the school principal and shall meet the eligibility requirements set forth by the University of the Virgin Islands prior to enrolling in a dual credit course. (c) A student who has met the eligibility criteria provided for in subsection (b) of this section in a fall or spring semester, and who has not graduated or earned a general equivalency diploma (G.E.D.), or its equivalent, may take courses for dual credit during the immediately succeeding semester. (d) The school that the student attends shall pay the costs of the required textbooks and other course supplies for the post secondary course that the student is enrolled in through purchase arrangements with the bookstore at the University of the Virgin Islands or other cost-efficient methods. The student shall return the textbooks and unused course supplies to the school when the student completes the course or withdraws from the course. However, nothing in this subsection prevents a parent or guardian of a student from paying the costs associated with the program when funds are not available. (e) The University of the Virgin Islands Board of Education and the Department of Education are authorized to adopt and promulgate rules to implement a dual credit program that specify: (1) Post secondary courses that are eligible for dual credit; (2) Conditions that apply, including the following: (A) The required academic standing and conduct of students enrolled in a dual credit course; (B) The semesters in which dual credit courses may be taken; (C) The nature of high school credit earned; (D) Any caps on the number of courses, location of courses and provision of transcripts; and (E) An appeals process for a student who is denied permission to enroll in a dual credit course; (3) Accommodations or other arrangements applicable to special education students; (4) The contents of the uniform master agreement, developed in collaboration with the school districts, high schools and University of the Virgin Islands that govern the roles, responsibilities and liabilities of the school districts, high schools, Virgin Islands Board of Education and the University of the Virgin Islands, and the student and the student's family; (5) Provisions for collecting and disseminating annual data, including: (A) The number of students taking dual credit courses, to be performed by the University of the Virgin Islands; (B) The participating school and post secondary educational institutions, to be performed by the University of the Virgin Islands; (C) The high school graduation rates for participating school, to be performed by the Department of Education; (D) The post-secondary educational institutions that participating students ultimately attend, whether public or private, to be performed by the Department of Education; and (E) The cost of providing dual credit courses; to be performed by the University of the Virgin Islands. (f) The University of the Virgin Islands, the Virgin Islands Board of Education and the Department of Education shall evaluate the dual credit program in terms of its accessibility to students in the Virgin Islands and its effect on the following: (1) Student achievement in secondary education; (2) Student enrollment and completion of higher education; and (3) School districts, each participating school, the University of the Virgin Islands, and the Virgin Islands Board of Education. (g) The University of the Virgin Islands and the Department of Education shall make an annual report, including recommendation, to the Governor and the Legislature of the Virgin Islands. History: Added July 19, 2013, No. 7489, § 1, Sess. L. 2013, p. 18-21; amended Dec. 31, 2020, No. 8415, § 2, Sess. L. 2020, p. 288.

(a) The Commissioner of Education, in conjunction with the Virgin Islands Board of Education, shall require proficiency examinations to be administered annually at the 4th, 6th, 8th and 12th grade levels. Examinations administered under this section must be drafted and graded in the Virgin Islands. (1) No student who has achieved an overall score of less than 70% on his proficiency examination shall graduate or be promoted to next grade unless such student has satisfactorily passed a retest of the examination which is to be administered during the summer following the school year in which such student has failed the examination, or such student has satisfactorily completed a summer school program designed to remedy the student's deficiencies; and (2) The results of the proficiency examinations must also be used to counsel and make recommendations to students regarding their future educational decisions and directions. (b) The Commissioner of Education shall promulgate rules and regulations to carry out this section no later than 24 months after the enactment of this section. History: Added Apr. 15, 2010, No. 7167, § 3, Sess. L. 2010, p. 59; amended July 19, 2013, No. 7489, § 1, Sess. L. 2013, p. 18.

Education (a) (1) The Department of Education is authorized and directed to establish and maintain an integrated basic agriculture education program within the current curriculum administered by qualified educators and teachers, in every public school in the Virgin Islands. The Department of Education, in collaboration with The Virgin Islands Department of Agriculture and the United States Cooperative Extension Service of the University of the Virgin Islands will develop the curriculum for the Agriculture in the Classroom Program. The program will utilize a network of local volunteers such as high school students for On the Job Training, parents, retired teachers, local farmers and business across each district. These individuals and businesses will provide supplies, equipment and knowledge towards the enhancement of the program. The United States Department of Agriculture will be used as a resource to assist the territory in carrying out coordination of the Agriculture in the Classroom Program efforts by providing program ideas and materials. (2) The Department of Education shall seek the assistance of other government agencies and private organizations that are involved in the area of agriculture education for development and implementation of an agriculture education curriculum guide composed of thematic units, lesson plans, and educational field trips that are aligned with the academic content standards of the Department of Education for grades Kindergarten through grade twelve. (3) The Department of Education shall arrange for at least one workshop per year for each school district to provide training to public school teachers in the following areas: 1. how to use agriculture education to supplement and enhance the teacher's existing classroom curriculum; 2. the development of agricultural curriculum activities applicable to students from kindergarten through grade twelve; and 3. how to properly conduct agricultural curriculum activities. (b) Each teacher will prepare instruction to assist the students when on a field trip regarding the types of animals, birds, etc. in our environment. Visual aids will be used in lesson plans. Every child will be educated about food, fiber and natural resources. The goal of the program is to ensure that students can: (A) Explain or demonstrate how plants and animals grow. (B) Explain or demonstrate knowledge of where their food originates. (C) Understand that plants and animals need food and water to live. (D) Explain the major needs of plants and animals (including humans). (E) Explain the relationship between plants and animals (food sources; food chain). (F) Explain that farmers and others make a living by growing and producing food, fiber and fuel. (G) Explain the relationship between environments and the plants and animals that live in them (dependency; food chain). (H) Differentiate between processed and fresh foods and determine some of the nutritional value of each. (I) Identify good food choices. (J) Explain that many people work in agriculture growing and producing food; and making other products including clothing, building materials, hair products, sheets, fuel, growing trees and biomass. (K) Describe the life cycle of plants and animals. (L) Describe how plants and animals depend on each other (how their life cycles are interconnected). (M) Participate in growing a classroom or school garden. (N) Determine simple products that come directly from plants and animals (O) List the major parts of a plant (roots, stem, leaf, flower). (P) Describe how plants and animals affect the environment. (Q) Explain some of the differentiated jobs in the agriculture and natural resources industry; for example: soil scientist, horticulturalist, nutritionist, chemist, microbiologist, etc. (R) Explain how plants need water, nutrients, and sunlight to grow. (S) List the major parts of a plant (roots, stem, leaf, flower). (T) Describe photosynthesis and its role in plant health. (U) Describe the need for nutritious food for animals. (V) Explain how plants use water to get their food (available nutrients in soil and supplements: organic and synthetic fertilizers). (W) Describe the agricultural history of the Virgin Islands. (X) List the major parts of a plant and describe their functions. (Y) Distinguish between organic and inorganic fertilizers. (Z) Explain how agriculture affects the environment. (AA) Discuss the importance of the agriculture industry in the Territory, the United States and the world. (BB) Describe the agricultural history of the Virgin Islands. (CC) Describe the water cycle, the nitrogen cycle, and the carbon cycle. (DD) Explain the need for conservation of soil, water, and other natural resources. (EE) Describe how food products are priced and how farmers make money from the labors of producing food. (FF) Describe several ways of producing food (in soil, greenhouse production, hydroponics, aquaculture, etc.). (c) Each public elementary school in the Territory shall develop a school garden or greenhouse on the school grounds for use as an agriculture education resource. The Department of Education shall develop, research, and coordinate the best available practices regarding appropriate curriculum for school garden programs in kindergarten through 6th grade, in consultation with education and agricultural experts. (d) The Commissioner of the Virgin Islands Department of Education, with assistance from the Virgin Islands Department of Agriculture, shall prepare a budget for the Agriculture in the Classroom Program pursuant to title 2, section 23 of the Virgin Islands Code. History: Added May 14, 2012, No. 7352, § 1(b), Sess. L. 2012, pp. 48-51; amended June 19, 2012, No. 7369, § 5, Sess. L. 2012, p. 109; amended July 19, 2013, No. 7489, § 1, Sess. L. 2013, p. 18.

(a) The Board of Education shall establish a distance learning policy consistent with the requirements of this section which considers distance learning and blended courses provided through the Virgin Islands Department of Education as qualifying courses for promotion and graduation. (b) The policy must include internet safety rules, regulations, and protocol for students, teachers, and support staff. (c) The Department of Education shall: (1) offer public school secondary-level students access to required and elective courses of study via distance learning in accordance with the Board of Education's policies; (2) ensure that each student has access to devices to engage in distance learning from any location; (3) assess teacher vacancies and student course requests and needs at the end of each school year to determine potential distance learning course offerings; and (4) implement a territory-wide system to deliver student instruction online via cost-efficient advanced telecommunications services. (d) To fulfill its mandate to implement a territory-wide system, the Department of Education shall: (1) seek the assistance and cooperation of telecommunications carriers to provide students with affordable access to advanced telecommunications services and to distance learning; and (2) secure funds for distance learning from federal, local, and private sources, and from fees derived from other revenue sources to support online learning programs and activities. (e) As per the Board's policy, distance learning courses may not be offered if a qualified teacher is available. (f) As used in this section: (1) "Distance learning" is where the student and the educator, or information source are not physically present in the same location. Instruction occurs via various synchronous and asynchronous modes, and information is typically relayed online but may be delivered in a non-web-based format if the technology is not available. (2) "Blended learning" means learning that combines traditional face-to-face instruction with online instruction. (3) "Online learning provider" is an entity or individual that provides online academic instruction. History: Added Dec. 31, 2020, No. 8400, § 1, Sess. L. 2020, p. 264, 265.

(a) (1) The Department of Education shall establish and maintain an integrated basic Emergency Medical Services (EMS) education program within the curriculum administered by qualified instructors and made available to every public high school student in the Virgin Islands. The Department of Education in collaboration with the Virgin Islands Department of Health-EMS State Office and the Board of Career and Technical Education shall develop the curriculum for the Emergency Medical Services Program and shall operate singularly and collectively as the "Program Administrators". The program must utilize a network of local stakeholders across each district. However, the Board of Career and Technical Education is the sole body with authority to approve or disapprove all programs and curricula for the EMS education program. The United States National EMS Education Standards and framework must be used as a resource to assist the territory in carrying out coordination of the Emergency Medical Services Programs. (2) The Program Administrators shall seek the assistance of other government agencies and private organizations that are involved in the area of EMS education for implementation of EMS education curricula that are aligned with the academic content standards of the Department of Education. (3) The Program Administrators shall arrange for at least one workshop per year for each school district to provide training to instructors in the following areas: (A) The use of EMS education to supplement and enhance the instructor's existing curriculum; (B) The development of EMS curriculum activities applicable to high school students; (C) The proper conduct of EMS curriculum activities; and (D) The use visual aids in the classroom. (b) The goal of the program is to ensure that students are prepared for the following: (1) National EMS Core Content. (2) National EMS Scope and Sequence of Practice. (3) National EMS Education Standards. (4) National EMS Certification. (5) National EMS Program Accreditation. (c) The Emergency Medical Program must include training in the following career paths: (1) Emergency Medical Responder (EMR); and (2) Emergency Medical Technician (EMT). (d) Any proposed curriculum must include the four components required by the National Emergency Medical Services Education Standards: (1) Competency the minimum competency required for entry-level personnel; (2) Knowledge - the knowledge that entry-level personnel would need to master in order to achieve competency; (3) Clinical Behaviors, Judgments - the clinical behaviors and judgments essential for entry-level EMS personnel at each licensure level; and (4) Educational Infrastructure - the support standards necessary for conducting EMS training programs at each licensure level. (e) The curriculum must include, without limitation: (1) Principles of Pharmacology: (A) Emergency Medications (B) Medication Administration (2) Airway Management, Respirations and Artificial Ventilation: (A) Respiration (B) Artificial Ventilation (3) Assessment: (A) Scene Size-Up (B) Primary Assessment (C) History Taking (D) Secondary Assessment (E) Monitoring Devices (F) Reassessment (4) Medicine Overview: (A) Neurology (B) Abdominal and Gastrointestinal Disorders (C) Immunology (D) Infectious Diseases (E) Endocrine Disorders (F) Psychiatric (G) Cardiovascular (H) Toxicology (I) Respiratory (J) Hematology (K) Genitourinary/Rena (L) Gynecology (M) Non-Traumatic Musculoskeletal Disorders (N) Diseases of the Eyes, Ears, Nose, and Throat (5) Shock and Resuscitation (6) Trauma Overview: (A) Bleeding (B) Chest Trauma (C) Abdominal and Genitourinary Trauma (D) Orthopedic Trauma (E) Soft Tissue Trauma (F) Head, Facial, Neck, and Spine Trauma (G) Environmental Emergencies (H) Multisystem Trauma (7) Special Patient Populations: (A) Obstetrics (B) Neonatal Care (C) Pediatrics (D) Geriatrics (E) Patients with Special Challenges (8) EMS Operations: (A) Principles of Safely Operating a Ground Ambulance (B) Incident Management (C) Multiple Casualty Incidents (D) Air Medical (E) Vehicle Extrication (F) Hazardous Materials (G) Terrorism and Disaster (9) Clinical Behavior Judgment: (A) Assessment (B) Therapeutic Communication and Cultural Competency (C) Psychomotor Skills (D) Professionalism (E) Decision-Making (F) Record Keeping (G) Patient Complaints (H) Scene Leadership (I) Scene Safety (f) The Educational Infrastructure developed by the Department of Education and the Board of Career and Technical Education in conjunction with the Department of Health must include, without limitation: (1) Educational Facilities (2) Student Space (3) Instructional Resources (4) Instructor Reparation Resources (5) Storage Space (6) Sponsorship (7) Programmatic Approval (8) Faculty (9) Medical Director Oversight (10) Hospital/Clinical Experience (11) Field Experience (12) Course Length (13) Course Design (14) Student Assessment (15) Program Evaluation (g) The Program Administrators shall develop, research, and coordinate the best available practices regarding appropriate curriculum for public high school EMS programs in consultation with education and emergency medical services experts. (h) The Program Administrators shall prepare a budget for the Emergency Medical Services Program pursuant to title 2, section 23 of the Virgin Islands Code. History: Added Dec. 6, 2021, No. 8506, § 1, Sess. L. 2021, p. 195-200.

(a) The Department of Education shall supply, free of charge, all text books and any form of electronic books and digital resources to be used in the public schools, as deemed appropriate 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. (c) Notwithstanding any other provisions of law to the contrary, the monies collected under subsection (b) hereinabove shall be deposited into a "Textbook Reimbursement Revolving Fund" which is hereby created and established as a separate and distinct fund within the Treasury of the Virgin Islands. The Commissioner of Finance shall disburse monies from the Textbook Reimbursement Revolving Fund only upon authorization of the Commissioner of Education, and monies collected and deposited into said Fund may be expended by the Commissioner of Education or his duly authorized designees in any manner which, in his discretion, will best effect the replacement of lost or damaged textbooks to individual schools that have suffered from such losses or damages. Each school shall receive replacement textbooks paid for out of this Fund, as necessary and valued up to an amount equal to such school's proportionate contribution to the Fund. History: Amended Mar. 11, 1976, No. 3787, Sess. L. 1976, p. 11; Apr. 9, 2011, No. 7243, § 1, Sess. L. 2011, p. 4.

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.

(a) Principals and principal-teachers are charged with the responsibility during school hours for the proper care of buildings, equipment, 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 regulations prescribed by the Commissioner of Education. (b) The Department of Education shall employ one or more persons with general maintenance skills at every public school with an enrollment of not fewer than 250 students. The maintenance person need not be licensed in a particular trade to carry out general maintenance and minor repairs, but must demonstrate actual physical basic skills, ability and knowledge of general maintenance. (c) Schools with an enrollment of fewer than 250 students may share a maintenance person, however a maintenance person may not be permanently assigned to more than two schools on a regular or permanent basis. (d) Schools that provide vocational education may require students to provide routine maintenance at the school in their respective vocation under the supervision of the teacher as part of the semester grade. No student may be required to perform maintenance outside of the student's vocation land ability. History: Amended Oct. 7, 2015, No. 7758, § 6, Sess. L. 2015, p. 84.

(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, recreational and other purposes; provided, that no school building, facility, or property shall be used for any commercial function, dance, party or similar activity (unless sponsored by a school organization or under the auspices of the Department of Education) except with the prior written approval of the Governor. (b) Applicants using properties as specified in this section shall be personally responsible for any damage done to such school properties and by written agreement applicants shall agree to clean the premises following any authorized activity at a school facility and to reimburse the Department of Education for any damage done to school property. (c) The Commissioner of Education, by regulations, shall prescribe the charges to be made for the use of school buildings and facilities. The prescribed charges shall be paid in advance. History: Amended Feb. 12, 1971, No. 2932, Sess. L. 1970, p. 422.

The Commissioner of Education is hereby empowered and directed 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 such tests, without any other prerequisite, every applicant who meets the following requirements: (a) is at least eighteen years of age; (b) In the case of an applicant who discontinued school prior to graduation; provided, that the class in which the applicant was enrolled at the time he discontinued school shall have graduated at the time the test is taken by the applicant; (c) possesses the moral qualification required for the granting of a high school diploma; and (d) Repealed. March 14, 1967, No. 1877, Sess. L. 1967, § 2, p. 45. (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: Amended Mar. 15, 1966, No. 1615, Sess. L. 1966, p. 85; Jan. 20, 1967, No. 1832, Sess. L. 1967, p. 3; Mar. 14, 1967, No. 1877, §§ 1, 2, Sess. L. 1967, p. 45; Mar. 24, 1971, No. 2969, Sess. L. 1971, p. 84.

The Department of Education is authorized and directed to include in the curriculum of Cruz Bay and the Benjamin Franklin Public Schools on the Island of Saint John, the teaching of Industrial Arts, including carpentry, masonry, mechanics, sheet metal, electricity and leather craft. History: June 19, 1957, No. 209, § 1, Sess. L. 1957, p. 121.

(a) 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. (b) (1) The Department of Education shall establish a "Youth Internship Program" for eleventh and twelfth grade students in the public school system, with emphasis in industrial arts training, but not limited to industrial arts. The program must train students to the maximum level possible and must seek employment in the private or public sector for the trained students. (2) To be eligible a student must be in good standing in the eleventh or twelfth grade, be at least sixteen years of age, possess a social security number and receive written parental approval. (3) Upon completion of the program the student shall receive a certificate of completion. History: June 19, 1957, No. 209, § 2, Sess. L. 1957, p. 121; amended Aug. 20, 2009, No. 7085, § 1, Sess. L. 2009, pp. 144, 145.

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. History: June 19, 1957, No. 209, § 3, Sess. L. 1957, p. 121.

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. History: June 19, 1957, No. 209, § 4, Sess. L. 1957, p. 122.

Funds for the purpose of carrying out section 47 - 51 of this title shall be made available by appropriations of the Legislature in the annual budget for the Department of Education. History: June 19, 1957, No. 209, § 5, Sess. L. 1957, p. 122.

History: Repealed. Oct. 11, 2008, No. 7026, § 2, Sess. L. 2008, p. 352.

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. History: May 27, 1957, No. 210, § 2, Sess. L. 1957, p. 122.

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 necessary or appropriate instructors, instruments, equipment, accessories or other facilities. History: Apr. 29, 1957, No. 154, § 1, Sess. L. 1957, p. 15.

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. History: Apr. 29, 1957, No. 154, § 2, Sess. L. 1957, p. 15.

The Commissioner of Education shall be authorized to issue all rules and regulations, not inconsistent with the provisions of sections 54 - 56 of this title, necessary or appropriate for the effectuation of the purposes of said sections. History: Apr. 29, 1957, No. 154, § 3, Sess. L. 1957, p. 15.

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. History: June 12, 1961, No. 723, § 1, Sess. L. 1961, p. 74.

During this week, each school principal or other designated person 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 principal, or such 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. History: June 12, 1961, No. 723, § 2, Sess. L. 1961, p. 74.

The Commissioner of Education shall each year call to the attention 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. History: June 12, 1961, No. 723, § 3, Sess. L. 1961, p. 75.

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. History: June 12, 1961, No. 723, § 4, Sess. L. 1961, p. 75.

After September 1, 1971, no new public school shall be constructed unless in conjunction with the construction of such school there is included athletic and recreational facilities adequate for the development of comprehensive physical fitness, competitive sports and recreational program for the students of the school and residents of the school districts. History: Added Aug. 1, 1971, No. 3087, Sess. L. 1971, p. 312.

(a) The Legislature finds that: (1) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. (2) The Centers for Disease Control and Prevention estimates that as many as 3,800,000 sports-related and recreation-related concussions occur in the United States each year. (3) A concussion is caused by a blow or motion to the head or body which causes the brain to move rapidly inside the skull. (4) The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed. (5) Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. (6) Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occurs with or without loss of consciousness, but the vast majority occur without loss of consciousness. (7) Continuing to play sports with a concussion or symptoms of head injury leaves the young athlete especially vulnerable to greater injury and even death. (8) The Legislature recognizes that there is a critical need for standards for concussion and head injury to prevent athletes from prematurely returning to play, resulting in actual or potential physical injury or death to youth athletes in the Virgin Islands. (b) The Board shall develop and distribute to each public school guidelines on policies to inform and educate coaches, student-athletes, and their parents or guardians of the nature and risk of concussions, criteria for removal from and return to play, and risks of not reporting the injury and continuing to play. The Department shall develop policies and procedures regarding the identification and handling of suspected concussions in student-athletes. (c) In order to participate in any extracurricular physical activity, each student-athlete and the student- athlete's parent or guardian shall review, on an annual basis, information on concussions provided by the Department. After having reviewed materials describing the short- and long-term health effects of concussions, each student-athlete and the student-athlete's parent or guardian shall sign a statement acknowledging receipt of such information, in a manner approved by the Board of Education. (d) A student-athlete suspected by that student-athlete's coach, athletic trainer, or school physician or school nurse of sustaining a concussion or brain injury in a practice or game must be removed from the activity at that time. (e) A student-athlete who has been removed from play, evaluated, and suspected to have a concussion or brain injury may not return to play any time during that same week nor until evaluated by an appropriate licensed health care provider as determined by the Board and in receipt of written clearance to return to play from such licensed health care provider. (f) As used in this subsection, "coach" means a person who instructs or trains members on a school athletic team, as identified by criteria established by the Board. (1) The Department of Education shall ensure that coaches receive annual training to learn how to recognize the symptoms of a concussion and how to seek proper medical treatment for a person suspected of having a concussion; (2) The board shall establish by regulations the requirements of the training described in paragraph (1) of this subsection, but the training must include: (A) The recognition and proper response to concussions; (B) Timelines to ensure that, to the extent practicable, every coach receives the training described in subparagraph (A) of this paragraph before the beginning of the season for the school athletic team; and (C) Such other requirements as the Board may consider appropriate. History: Added Oct. 26, 2010, No. 7233, § 39, Sess. L. 2010, pp. 261-263.

(a) The Commissioner of Education shall develop policies and guidelines for the implementation of site- based management and control of the acquisition process for all public high schools in the Virgin Islands which will allow individual public high schools maximum operational and budgetary flexibility and ability to plan comprehensively. The Commissioner in effectuating the provisions of this section may utilize the Dolan Model of School Management. The Commissioner shall submit a progress report by June 30, 2002, to the Legislature of the Virgin Islands noting the status of the development of policies and guidelines for the implementation of the site-based management. (b) Not later than 30 working days following the effective date of the annual budget for the operation of the Government of the Virgin Islands, the Director of the Office of Management and Budget shall make available the annual allotments to each of the public high schools in the Territory necessary to carry out the provisions of school site-based management to allow individual public high schools maximum operational and budgetary flexibility. The Commissioner shall submit a progress report by June 30, 2002, to the Legislature of the Virgin Islands noting the status of the development of policies for the implementation of a reliable substitute teacher pool. (c) The principals and administrators of the public high schools in the Virgin Islands in collaboration with the Commissioner and Board of Education and the University of the Virgin Islands, are authorized to assist in the development and implementation of policies for the establishment of a reliable substitute teacher pool, and student awards and attendance incentive program in the public high schools of the Virgin Islands. (1) Each principal of an elementary school, a junior high or a senior high school in the Virgin Islands may issue payroll checks to substitute teachers from the Substitute Teachers Pool, established in this subsection. (2) Two weeks before the commencement of the school year, the Commissioner of Finance shall fund a school's substitute teacher's pool fund the cost of any necessary school repairs and improvements for school accreditation and compliance as follows: (A) $150,000 for a senior high school; (B) $100,000 for a junior high school; and (C) The sums in subparagraphs (A) and (B) shall remain available to the particular school until expended. (3) The Department of Education shall establish rules and regulations for the operation and management of the substitute teacher's pool. History: Added Dec. 29, 2001, No. 6495, § 2, Sess. L. 2001, p. 401; amended July 5, 2002, No. 6533, § 10, Sess. L. 2002, p. 425; June 7, 2004, No. 6675, § 35, Sess. L. 2004, p. 49; Mar. 5, 2005, No. 6728, § 4, Sess. L. 2005, p. 66.; Oct. 26, 2010, No. 7233, § 39, Sess. L. 2010, p. 261.

(a) Notwithstanding title 31 Virgin Islands Code, chapter 23, the Department of Education may purchase or contract for all supplies, materials, equipment and contractual services, if the cost of the purchase or contract does not exceed $250,000. (b) [Deleted.] (c) Each principal of a public school in the Virgin Islands shall, in a manner described in this chapter, purchase or contract for all supplies, materials, equipment and contractual services, required by the particular school when such purchase or contract is not estimated to exceed $50,000. (d) The Virgin Islands Department of Education shall employ and assign persons trained and experienced in fiscal and budgetary management at each public junior high and senior high school in the Virgin Islands to assist principals in the procurement processes and audits. History: Added July 5, 2002, No. 6533, § 9, Sess. L. 2002, p. 425; amended Oct. 26, 2010, No. 7233, § 39, Sess. L. 2010, p. 261; amended Dec. 30, 2019, No. 8277, § 1(a), (b), Sess. L. 2019, p. 184; amended Apr. 25, 2023, No. 8717, § 3, Sess. L. 2023, p. 39.

History: Repealed. July 11, 2014, No. 7629, § 2, Sess. L. 2014, p. 158.

(a) The school year must begin not later than the second week in August and end not later than the last Friday in May and must be divided into two semesters, semester one which ends not later than December 23rd and semester two, which ends not later than the last Friday in May. (b) The Department of Education shall set the school calendar. (c) The school calendar must include no less than a minimum of 180 days of student instruction. (d) In the event of the declaration of a state of emergency, the Department or Education may reasonably adjust the number of hours of pupil instruction mandated by subsection (c) of this section. (e) Each student shall receive the following minimum amount of instructional hours per school year: (1) Kindergarten through 3rd Grade - 810 instructional hours; (2) 4th Grade through 6th Grade - 900 instructional hours; and (3) 7th Grade through 12th Grade - 990 instructional hours. (f) Each student shall receive the following minimum amount of instructional hours per school day: (1) Kindergarten through 3rd Grade - 4.5 instructional hours; (2) 4th Grade through 6th Grade - 5.0 instructional hours; and (3) 7th Grade through 12th Grade - 5.5 instructional hours. (g) A total of 1080 instructional hours must be used each school year. The difference between the 1080 instructional hours and the minimum instructional hours must be utilized for staff development as follows: (1) a minimum of three days for staff development; (2) a minimum of three days for classroom preparation; and (3) a minimum of two days for parent conferences and open houses. (h) For purposes of this section, a day consists of six instructional hours. History: Added July 11, 2014, No. 7629, § 1, Sess. L. 2014, p. 157, 158; amended July 20, 2019, No. 8183, § 1(1), Sess. L. 2019, p. 25; amended Jan. 18, 2020, No. 8248, § 1(a)-(d), Sess. L. 2019, p. 144.

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 actually work in such schools, shall be as follows: (1) Saturday and all legal holidays. (2) Christmas school holidays as set by the Department of Education pursuant to Title 24, chapter 14, Virgin Islands Code. (3) summer vacations as provided herein; (4) Easter holidays as set by the Department of Education pursuant to Title 24, chapter 14, Virgin Islands Code; and (5) such other special holidays as the Governor may proclaim. History: Amended May 16, 1957, No. 160, § 34, Sess. L. 1957, p. 29; Mar. 15, 1962, No. 841, Sess. L. 1962, p. 80; Sept. 1, 1972, No. 3301, Sess. L. 1972, p. 438; Feb. 15, 1978, No. 4094, Sess. L. 1978, p. 16; Feb. 9, 1979, No. 4260, Sess. L. 1979, p. 3; Apr. 6, 1994, No. 5961, § 3, Sess. L. 1994, p. 22.

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.

(a) The Commissioner, with the approval of the Board of Education, shall prescribe rules relative to absences of pupils for religious holidays, including but not limited to a list of holidays on which it shall be mandatory to excuse a pupil of the faith for which a particular religious holiday is declared. In addition, the Board of Education may, in its discretion, excuse the absence of a pupil on any other day by reason of the observance of a religious holiday. (b) Any absence because of a religious holiday shall be recorded as excused absence on the pupil's attendance record or on that of any group or class of which he is a member, and any transcript or application for employment form or any other similar form on which information concerning a pupil's attendance record is requested shall show, with respect to absences, only absences other than those excused due to religious holidays. In addition, no pupil shall be denied the right to receive any award nor the right to sit for any examination or alternate examination by reason of his excused absence from school for the observance of a religious holiday. History: Added Apr. 27, 1973, No. 3422, Sess. L. 1973, p. 73.

(a) The Commissioner of Education is authorized to establish "summer school" at any time after the last day of a school year and before the first day of the succeeding school year. Attendance at summer school shall be voluntary. The Commissioner shall determine the curricula and course of study at summer school; provided, however, that such curricula and courses are compatible with the general curricula and courses adopted for the regular school year. (b) The Commissioner of Education shall allot funds for the operation of summer school annually. (c) The Commissioner is authorized to do all things necessary, within the general authority granted under this title, to accomplish the purposes of this section. (d) To the maximum extent feasible, consistent with law, the Commissioner shall provide that summer school: (1) offers classes that allow a student to make up a course he failed or otherwise missed for valid or excusable reasons during the preceding school year; (2) offers classes that are equal to those conducted during the regular school year, and, if successfully completed, may be credited toward a student's ordinary course of study toward a diploma; (3) offers additional unique classes that may not be available or timely during the regular school year; (4) offers enrichment classes that are of interest to those students volunteering to attend summer school; (5) has any other academic purpose that the Commissioner deems appropriate. (e) The Commissioner may impose a fee for summer school programs. (f) The Commissioner of Education may terminate any summer school classes found to be inferior to those conducted during the regular school year. History: Added Oct. 8, 1992, No. 5816, § 206, Sess. L. 1992, p. 144.

The Department of Education must submit a Disaster Response Plan by July 30, 2019, and by March 30th of every subsequent year to the appropriate committee of the Legislature of the Virgin Islands. The plan must contain, but shall not be limited to, the following information: (1) The minimum number of allowable instruction hours in the event of a natural disaster; (2) Plans for the utilization of staff during days when there is no student contact due to a natural disaster; (3) Plans for immediate assessment of facilities after a natural disaster; and (4) Plans for storage of salvageable equipment or supplies after a natural disaster. History: Added July 20, 2019, No. 8183, § 1(2), Sess. L. 2019, p. 25.

The Commissioner of Education is authorized to establish and supervise an Automobile Driver Education and Training Program in the public high schools of the Virgin Islands and to issue such rules and regulations as are necessary to accomplish the purposes of this chapter and to implement the provisions of this chapter. History: Added July 18, 1968, No. 2295, § 1, Sess. L. 1968, Pt. II, p. 244.

The aims and purposes of automobile driver education shall be to develop a knowledge of this provision of the Motor Vehicle Code and other laws of the Virgin Islands relating to the operation of motor vehicles, a proper acceptance of personal responsibility in traffic, a true appreciation of the causes, seriousness and consequences of traffic accidents and the development of the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles. History: Added July 18, 1968, No. 2295, § 1, Sess. L. 1968, Pt. II, p. 244.

The Commissioner of Education is authorized to purchase or lease through the Department of Property and Procurement, in accordance with the provisions of chapter 23 of Title 31 of the Virgin Islands Code, dual control vehicles and such other equipment as, in the opinion of the Commissioner of Education, is necessary for the development of the Automobile Driver Education and Training Program. History: Added July 18, 1968, No. 2295, § 1, Sess. L. 1968, Pt. II, p. 244.

The Commissioner of Education is authorized to contract, through the Department of Property and Procurement, in accordance with the provisions of chapter 23 of Title 31 of the Virgin Islands Code, for insurance coverage on all vehicles to be used in the Automobile Driver Education and Training Program. This coverage shall be for the protection of the Government of the United States Virgin Islands, the owner- lessor, where the vehicle is leased by the Government, the instructors, and other users of the vehicle, and shall include up to 100-300 thousand dollars public liability insurance, 10 thousand dollars property damage, 100 dollars deductible collision and fire and theft comprehensive. In addition, the Commissioner is authorized to enter into a "hold harmless" agreement with an owner-lessor of a dual control vehicle leased by the Government to protect the owner-lessor against lawsuit and liability while the vehicle is under the control and in the custody of the Government. History: Added July 18, 1968, No. 2295, § 1, Sess. L. 1968, Pt. II, p. 244.

The Commissioner shall charge a fee of $50.00 per student enrolled in the Automobile Driver Education and Training Program. However, the fee shall be $100.00 if the student is an Adult Education student. The monies derived from such fees shall be deposited in the Automobile Driver Education and Training Fund of the Treasury of the Virgin Islands. History: Added Nov. 7, 1983, No. 4877, § 309(a), Sess. L. 1983, p. 230; amended Mar. 15, 1984, No. 4902, § 11, Sess. L. 1984, p. 62; Dec. 19, 1984, No. 5026, § 6(a), Sess. L. 1984, p. 406.

The Commissioner of Education is authorized and directed to establish an education program in the schools to educate children on the danger of driving under the influence of drugs and alcohol. The program should be developed to reach all grade levels and to involve parents in the program. In the establishment of such a program, the Commissioner may utilize the assistance of community service agencies. History: Added June 28, 1984, No. 4967, § 3, Sess. L. 1984, p. 187.

(a) There is hereby created in the Treasury of the Virgin Islands a separate and distinct fund to be designated as the Automobile Driver Education and Training Fund (hereinafter referred to in this section as the "Fund"). The Commissioner of Finance is authorized and directed to provide for the administration of the Fund, and no monies contained therein shall be available for expenditure except as provided in this section. (b) The Fund shall consist of all fees charged pursuant to section 75 of this chapter, such sums as may be appropriated thereto from time to time by the Legislature, and all gifts, contributions and bequests of all monies made thereto, all of which shall remain available until expended. (c) Monies deposited in the Fund shall be disbursed by the Commissioner of Education, exclusively for expenditures to carry out the provisions of sections 73 and 74 of this chapter. (d) The Commissioner of Finance shall quarterly forward to the Legislature, and shall make available to the public, a detailed accounting of the disbursements from the Fund and the unobligated balance thereof. History: Added Dec. 19, 1984, No. 5026, § 6(b), Sess. L. 1984, p. 406.

The Commissioner of Education shall regulate the admission of pupils and their transfer from one class, department, or school to another.

(a) All children shall commence their school education by attending an approved kindergarten from the beginning of the school year in the calendar year in which they reach their fifth birthday, and they shall continue to attend school regularly until the expiration of the school year nearest their eighteenth birthday, except as provided in section 287 of this title; provided, however, those who graduate from high school before the age of 18 are excepted and students attending the National Guard Youth Challenge Program or any other program approved by the Virgin Islands Board of Education which has the equivalency of a high school diploma are also excepted. (b) The Commissioner of Education, in conjunction with the Virgin Islands Board of Education shall promulgate rules and regulations to carry out this section no later than 12 months after the enactment of this section. History: Amended June 15, 1961, No. 763, Sess. L. 1961, p. 109; May 28, 1971, No. 3046, Sess. L. 1971, p. 175; Jan. 12, 1982, No. 4667, § 2, Sess. L. 1981, p. 311; Dec. 23, 1993, No. 5918, § 1(a), Sess. L. 1993, p. 279; Apr. 15, 2010, No. 7167, § 4(a), (b), Sess. L. 2010, p. 60; Oct. 26, 2010, No. 7233, § 9, Sess. L. 2010, p. 257.

The required attendance in regular classes in public schools shall not exceed six hours per school day.

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 authorized representative.

All children attending regularly and punctually parochial, denominational 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.

(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) A student's absence or tardiness may be either excused or unexcused. (1) An excused absence is the non-appearance of an enrolled student on a regularly scheduled school day for any of the following reasons: (A) Student's health, including medical appointments for which the school administration may require medical certification for frequent health-related absences; (B) Approved school activities, including field trips and sporting events; (C) Suspension; (D) Failure of the school district to provide required transportation to school; (E) Funeral, death, or serious illness in the immediate family; (F) Court appearance; (G) Religious holidays; (H) Documented college visits; or (I) An extraordinary circumstance approved by the principal. (2) An unexcused absence is the non-appearance of an enrolled student on a regularly scheduled school day for any reason that is not accepted as an excused absence under paragraph (1). (d) Before an absence or tardiness is excused, a principal, teacher, attendance counselor, truancy officers, or other designated school officials may require that the reasons given for the absence or tardiness be substantiated by statements of a physician, dentist, nurse, or any other authoritative person. (e) When a principal or other designated school official determines that a student's absence is unexcused, the procedures established in this subsection must be followed. (1) After the student has had one unexcused absence in a calendar month, the school shall inform the parent of the absence in writing or by phone. (2) After the student has had two unexcused absences in a calendar month, the school shall initiate a parent conference to identify potential remedies to improve the student's attendance. (3) No later than the student's fifth unexcused absence in a calendar month, the parent and school shall enter into a written agreement that establishes school attendance requirements and provides for other appropriate actions to reduce the student's absences, and the parent shall complete a parenting education program offered or operated by the school district, a social services agency, medical institution or other established community resource. (4) After a student's seventh unexcused absences in a calendar month, or tenth unexcused absences in an academic school year, the district superintendent may file a truancy complaint with the Family Division of the Superior Court of the Virgin Islands pursuant to 5 V.I.C. chapter 201, subchapter III. (f) No punitive action, including out of school suspensions, expulsions, or court action, may be taken against a student for truancy unless available supportive services and other school resources have been provided to the student. History: Amended June 12, 1959, No. 475, § 5, Sess. L. 1959, p. 85; amended Jan. 21, 2016, No. 7812, § 1(a), Sess. L. 2015, p. 213; amended Jan. 14, 2022, No. 8530, § 1, Sess. L. 2021, p. 239-241.

(a) Notwithstanding any law to the contrary, parents, foster parents or legal guardians who are full-time employees of the Government of the Virgin Island, the instrumentalities, and autonomous and semi- autonomous agencies of the Government of the Virgin Islands, full-time employees of beneficiaries under the Industrial Development Program, and employees of employers who receive benefits under Act No. 4740, whose children attend a Head Start program or a public, private, or parochial school in grades pre-kindergarten through 12, are entitled to two hours per month, per child, off from their jobs, without loss of pay or any other benefit, to allow the parent, foster parent or legal guardian to visit with their children, teachers, counselors, or other school officials at school. (b) To be eligible to receive time off from work without loss of pay, not more than 48 hours after the school visit, parents, foster parents or legal guardians shall submit proof to their employer that the time off was taken in accordance with the criteria set forth in subsection (a) of this section. Failure to submit the proof is sufficient cause for the employer to not pay the parent or legal guardian for the time not worked. (c) The time off described in subsection (a) of this section is applicable during each school's academic school year and during each school's official school hours. History: Added Oct. 26, 2020, No. 8369, § 3, Sess. L. 2020, p. 171, 172; amended Oct. 31, 2024, No. 8924, § 9, Sess. L. 2024, p. -.

History: Repealed. Dec. 6, 2021, No. 8516, § 2, Sess. L. 2021, p. 227.

(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 $100. (b) Any person who employs a child of compulsory school age and who by such employment knowingly causes tardiness or absence of such child shall upon conviction therefor be liable to a fine of not more than $100 for the first offense and a fine of not more than $500 for each succeeding offense. History: Amended Jan. 21, 2016, No. 7812, § 1(b), Sess. L. 2015, p. 213.

(a) Any child of compulsory school age, who is found anywhere other than on the school's premises in which the child is enrolled, during school hours, without an acceptable excuse having been furnished by a parent or guardian to the appropriate school official, or who is not enrolled in a school as required by law, must be taken into custody by any teacher, principal, attendance officer, or other school official, or by any police officer, peace officer, or truant officer, and must be held until a parent or guardian is summoned or appears and secures the child's release. The child may be released at the request of the Commissioner of Education, or placed in school as directed by the Commissioner or the Insular Superintendent. (b) Subsection (a) is not applicable to children: (1) who are home-schooled; (2) who are accompanied by a parent, guardian, or other adult person authorized to have the care and custody of the child; (3) who are on supervised school trips; (4) who are on any school-to-work assignment; or (5) who have graduated from high school before the age of 18. (c) Subsection (a) is not applicable on holidays provided for in title 17 Virgin Islands Code, chapter 7, sections 62, 63, and 64 and on other holidays, vacation times, administrative leave days, teachers' professional developmental days or any other day that schools are not in session, as may be designated by the Commissioner of Education or the head administrator at a private or parochial school. (d) At the discretion of the Department of Education, any child demonstrating problems of truancy may be referred to the Department of Human Services for Children, Youth and Families. Pursuant to such referral the Department of Human Services shall provide the necessary social services and make such reports to the Department of Education as may be necessary or helpful to the proper educational and social development of the child. If, as a result of a joint determination by the Department of Human Services and Education, the child appears to be an incorrigible truant, the Department of Education shall file a complaint with the Family Division of the Superior Court of the jurisdiction in which the child resides. For the purposes of this section, an incorrigible truant shall mean a child of compulsory school age who wilfully, deliberately, and continuously absents himself from school and who fails to respond in a positive by the Departments of Education and Human Services. History: Amended June 23, 1961, No. 773, § 1, Sess. L. 1961, p. 166; amended Jan. 21, 2016, No. 7812, § 1(c)(1)-(3), Sess. L. 2015, p. 214.

Pupils may be dismissed from school or transferred by the Commissioner of Education in the following instances- (1) change of residence of pupils to a place outside of the legislative 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.

(a) The Commissioner of Education may authorize or order the expulsion from public school of any pupil guilty of gross misconduct or, 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. (b) The Commissioner of Education shall order the expulsion from public school for a period of not less than one year of any pupil who brings or possesses a firearm, as defined in 18 U.S.C.921(a), on school property or at a school function. (1) "School property" means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus or at a school function. (2) "School function" means any event or activity that is under the supervision and control of a public school. (c) Notwithstanding subsection (b), the Commissioner of Education or the Virgin Islands Board of Education on appeal, may modify, in writing, the length of the expulsion on a case-by-case basis based on the specific circumstances surrounding each incident. (d) Any parent or guardian aggrieved by such an expulsion may appeal to the Board of Education for review of such order within thirty (30) days after the date thereof. (e) Children in pre-kindergarten through the third grade may not be suspended or expelled from schools, unless the child's misconduct involves a deadly weapon, a controlled substance or endangers the safety of others in the school. (f) Decisions of suspension and expulsion for students in pre-kindergarten through the third grade must be made in consultation with a mental or behavioral health specialist, such as a school counselor, therapist, or social worker. History: Amended June 7, 2004, No. 6675, § 31, Sess. L. 2004, p. 48; amended Nov. 14, 2023, No. 8780, § 1(1), (2), Sess. L. 2023, p. 150, 151.

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.

Parents, guardians, and managers of landed properties shall give to the Commissioner of Education, on demand, all school information in their possession regarding children under their control.

In the month of May, of each year, the Commissioner of Education 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.

The Governor may appoint persons to act as attendance officers. The persons appointed shall have the power to compel attendance in accordance with the provisions of sections 82 and 89 of this title. History: Amended June 23, 1961, No. 773, § 2, Sess. L. 1961, p. 166.

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 information required by the Commissioner.

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.

The Commissioner of Education shall insure, through the promulgation and enforcement of appropriate rules and regulations, family educational and privacy rights as required by the Federal General Education Provisions (20 U.S.C. Sec.1221 et seq.) and any amendments thereto, or any other applicable federal law which conditions the availability of federal funds on the local enforcement of such rights. Family educational and privacy rights shall include, but shall not be limited to, the following: (a) Parents of students who are or have been in attendance at any Virgin Islands public school or institution shall have the right to inspect or review the education records of their children within 45 days of making a written request to make such inspection or review; provided, however, that if any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. (b) Parents of students who are or have been in attendance at any Virgin Islands school or institution shall be provided an opportunity for a hearing by such school or institution to challenge the content of such student's education records in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction and deletion of any proved inaccurate, misleading, or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records. (c) (1) For the purposes of this section, the term "education records" means, except as limited by paragraph paragraph (2)ubsection, those records, files, documents, and other materials which contain information directly related to a student, and are maintained by a Virgin Islands school or institution or by a person acting for or on behalf of such school or institution. (2) For the purposes of this section, the term "educational records" does not include: (A) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; (B) records otherwise included in paragraph (1), but which are held by a law enforcement agency for a specific law enforcement purpose and are not made available to persons other than law enforcement officials of the same jurisdiction; (C) employment records of persons not in attendance, as students, of a school or institution; or (D) records on a student who is eighteen years of age or older which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to any one other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice. (d) Any educational school or institution making public directory information shall give public notice of categories of information which it has designated as "directory information" with respect to each student attending the school or institution and shall allow a reasonable period of time after such notice has been given for a parent to inform the school or institution that any or all of the information designated should not be released without the parent's prior consent. As used in this section, the term "directory information" includes the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized school activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational school or institution attended by the student. (e) (1) No personally identifiable information in education records, other than directory information or as permitted under paragraph paragraph (2)ubsection, shall be released, distributed, or made accessible to any person other than the parents of a student unless: (A) there is written consent from the student's parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student's parents and the student if desired by the parents; or (B) such information is furnished in compliance with a judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the school or institution and given a reasonable time to file an appeal. (2) Parental consent for the release of educational records of a student, as provided in paragraph (1) of this subsection (e), shall not be required in the case of any of the following: (A) an emergency exists, as determined by the Commissioner, and the release of a student's records is necessary to protect the health or safety of the student or other persons directly affected by the information sought for release; (B) the information is required by any authorized Federal or local official in conjunction with a lawful audit, to determine compliance with a federal program, or other similar purpose authorized by law; (C) school officials of the Virgin Islands Department of Education, including teachers, with legitimate educational interests; (D) officials of other school systems in which the student seeks or intends to enroll, provided, however, that the student's parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record; (E) in connection with a student's application for, or receipt of, financial aid; (F) accrediting organizations in order to carry out their accrediting functions; (G) organizations or persons conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations or individuals who are enrolled in institutions of higher learning and are given permission by the Commissioner of Education and such information will be destroyed when no longer needed for the purpose for which it is conducted; (H) parents of a dependent student of such parents, as defined in section 152 of the Internal Revenue Code of 1954. (f) For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. (g) The Commissioner shall inform the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section. (h) The Commissioner shall, whenever required by federal law as a condition precedent to the receipt of federal educational funds, modify and/or expand the rights accorded parents under this section to bring such rights, and the enforcement thereof, into compliance with the requirements for federal funding. (i) Upon appeal by the parents or student, if the student is eighteen years of age or older, or is attending an institution of post-secondary education, the Board of Education shall review any decision by the Commissioner or Department of Education regarding the student's record. History: Added Oct. 8, 1992, No. 5816, § 201(b), Sess. L. 1992, p. 136.

The Commissioner of Education, with the approval of the Governor, shall prescribe rules and regulations covering the free transportation of school children within and without the urban areas of the Virgin Islands. History: Aug. 10, 1964, No. 1242, § 2, Sess. L. 1964, p. 372.

Compensating, Etc The manner of applying for free transportation, the means of compensating the carrier, and the distances for which free transportation shall be furnished shall be according to rules and regulations prescribed by the Commissioner of Education. History: Aug. 10, 1964, No. 1242, § 3, Sess. L. 1964, p. 372.

After September 1, 1980, no person shall operate any motor vehicle to transport children to or from school, school athletic events, or any other school activity, for which transportation is provided pursuant to an agreement with the Department of Education, unless such person shall have obtained a school bus operator's license in accordance with rules and regulations promulgated by the Police Commissioner after consultation with the Commissioner of Education. History: Added May 16, 1980, No. 4429, § 1, Sess. L. 1980, p. 49; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) All students of the Virgin Islands enrolled full-time in public, private or parochial schools, and full-time students of the University of the Virgin Islands shall be eligible for a public transportation discount card, regardless of age. (b) The Department of Public Works, through the Office of the Commissioner of Public Works, shall be responsible for establishing a system for effectively instituting the student transportation discount card by September of 1993, and may charge a yearly fee for the issuance of such card, not to exceed five dollars. (c) Students using the discount cards shall receive a discount of twenty-five percent (25%), on the city and country routes of the Virgin Islands Transit System (VITRAN), at any time. (d) To receive the student discount card, each student shall appear in person and present a current student identification card from the school they attend to the designated personnel of the Department of Public Works, who shall issue a transportation discount card bearing the name of the student, the school he or she attends, the student's social security number, and a photo identification of that student, and any other necessary information. The discount card shall be issued for a period of one calendar year. (e) The student, upon receiving the discount card, must present that card to the bus driver before depositing the discounted fee into the bus' fee collector. History: Added June 17, 1993, No. 5867, § 1, Sess. L. 1993, p. 100.

Tests (a) (1) The Commissioner of Education, with the collaboration of the Commissioner of Health as hereinafter provided, shall establish, maintain and administer a school health program in the Virgin Islands. Such program shall include; health services, health education and instruction, and healthful environment. (2) The Commissioner of Education shall employ a school nurse supervisor per district. School nurse supervisors must be a registered nurse or physician assistant empowered to hire and directly supervise school health technicians who work under the supervision of the school nurse supervisors. (3) (a) For purposes of this subsection, "School Health Technician means an individual with a healthcare background who has the education, experience and certification necessary to monitor student health and provide basic first aid and basic life support." (b) The Commissioner of Education shall develop a job description and standard operating procedures including telehealth for the school nurse supervisors and school health technicians. The Commissioner of Health must review and approve the job descriptions and standard operating procedures. (b) In furtherance of the program authorized by subsection (a) of this section, health services shall include regular medical and dental health appraisals including tests and measurements, and treatments, and such preventive measures as vaccinations and other immunizations, and the taking of other measures for preventing the introduction or spread of communicable diseases as in the judgment of the Commissioner of Health are required in the interests of public health. (c) Health and dental services as prescribed by subsection (b) of this section shall be provided without cost and required of all pupils in the public, private and parochial; elementary and secondary schools, except as provided in section 114 of this chapter, immediately prior to or upon their entrance into kindergarten or the first grade, and upon entrance into the fifth and ninth grades and, irrespective of grade, immediately prior to or upon entrance into any public, private or parochial school if that pupil has not previously been examined in accordance with this section prior to or upon entrance into another public, private or parochial school in the Virgin Islands. Such services shall include dental preventive services including, but not limited to, a school-based fluoride rinse program that shall be implemented over a three-year period commencing in the 2022-23 academic year. The program shall be administered to incoming kindergarten students in the first year of operation, shall be expanded to students in K-3 in the second year, and shall be administered to all students in grades K-6 thereafter. The Department of Education and the Department of Health shall solicit and receive federal and private-sector grants and other assistance to facilitate the development of the school-based fluoride rinse program. All such funds shall be covered into the School Based Dental Prevention and Treatment Fund established by 33 V.I.C. § 3100c c. The Commissioner of Health and the Commissioner of Education shall jointly submit an annual report, submitted no later than July 30th of each year on the school health program which shall detail information including, but not be limited to: (1) The number of students, by school, that have completed health and dental screening; (2) The number of children, by school, that have been vaccinated in accordance with the requirements promulgated by the Commissioner of Health; (3) The prevalence of preventable health conditions in school-aged children; (4) The services provided to screened students; and (5) Recommendations for changes and improvements to school health program. Additional health appraisals and examinations of pupils may be required when deemed necessary by the Commissioner of Health. (d) The Department of Education shall adopt rules and regulations that require all students participating in interscholastic athletic competitions or who are candidates for an interscholastic athletic team to satisfactorily pass a medical evaluation each year prior to participating in interscholastic athletic competitions or engaging in any practice, tryout, workout, or other physical activity associated with the student's candidacy for an interscholastic athletic team. Such medical evaluation can only be administered by a practitioner licensed to practice medicine in the Virgin Islands, and in good standing with the practitioner's regulatory board. The rules and regulations shall establish requirements for eliciting a student's medical history and performing the medical evaluation required under this paragraph, which shall include a physical assessment of the student's physical capabilities to participate in interscholastic athletic competitions as contained in a uniform pre- participation physical evaluation and history form. The evaluation form shall incorporate the recommendations of the American Heart Association for participation in cardiovascular screening, shall also include the recommendations for pre-participation physical evaluations adopted by the American Academy of Family Physicians, American Academy of Pediatrics, American College of Sports Medicine, American Medical Society for Sports Medicine, American Orthopedic Society for Sports Medicine, and American Osteopathic Academy of Sports Medicine, and shall provide a place for the signature of the practitioner performing the evaluation with an attestation that each examination procedure listed on the form was performed by the practitioner or by someone under the direct supervision of the practitioner. The form shall also contain a place for the practitioner to indicate if a referral to another practitioner was made in lieu of completion of a certain examination procedure. The form shall provide a place for the practitioner to whom the student was referred to complete the remaining sections and attest to that portion of the examination. The pre-participation physical evaluation form shall advise students to complete a cardiovascular assessment and shall include information concerning alternative cardiovascular evaluation and diagnostic tests. Results of such medical evaluation must be provided to the school. No student shall be eligible to participate in any interscholastic athletic competition or engage in any practice, tryout, workout, or other physical activity associated with the student's candidacy for an interscholastic athletic team until the results of the medical evaluation have been received and approved by the school. The Commissioner of Education with the collaboration of the Commissioner of Health shall negotiate with an insurance provider for the medical evaluation to be included as part of the regular school insurance coverage. (e) Notwithstanding the provisions of paragraphparagraph (d)nt may participate in interscholastic athletic competition or be a candidate for an interscholastic athletic team if the parent of the student objects in writing to the student undergoing a medical evaluation because such evaluation is contrary to his or her religious tenets or practices. However, in such case, there shall be no liability on the part of any person or entity in a position to otherwise rely on the results of such medical evaluation for any damages resulting from the student's injury or death arising directly from the student's participation in interscholastic athletics where an undisclosed medical condition that would have been revealed in the medical evaluation is a proximate cause of the injury or death. (f) All coaches attending interscholastic competitions, tryouts, workouts, or other physical activities associated with the student's candidacy for an interscholastic athletic team shall be trained and certified in administering cardiopulmonary resuscitation ("CPR") and trained in the use of automated external defibrillators. History: Added Mar. 15, 1966, No. 1618, Sess. L. 1966, p. 87; amended Jan. 28, 1970, No. 2612, p. 3; Dec. 28, 2011, No. 7336, § 1, Sess. L. 2011, pp. 327-329; amended Dec. 6, 2021, No. 8505, § 2, Sess. L. 2021, p. 193, 194; amended Jan. 20, 2024, No. 8801, § 1, Sess. L. 2023, p. 232.

A comprehensive health record shall be maintained for each school child, which shall include the results of the tests, measurements, examinations and treatments provided for herein. These records shall be considered confidential. History: Added Mar. 15, 1966, No. 1618, Sess. L. 1966, p. 87.

Medical questionnaires, suitable for diagnostic purposes, furnished by the Commissioner of Health, and completed by the child's parent or guardian, at such times as the Commissioner of Education may direct, shall become a part of the child's health record. History: Added Mar. 15, 1966, No. 1618, Sess. L. 1966, p. 87.

In lieu of the medical or dental tests, measurements, examinations or treatments provided for in subsection (b) of section 111 of this chapter, the parent or guardian of any school child may furnish the Department of Education with a report of the same made at his own expense by his family physician or dentist, on a form provided by the Commissioner of Health for this purpose. Such report shall be furnished at such time prior to the opening of school terms as the Commissioner of Education shall by regulation prescribe. History: Added Mar. 15, 1966, No. 1618, Sess. L. 1966, p. 87.

The principal or other authorized official of a school shall report to a child's parent or guardian any unusual behavior, changes in physical appearance, changes in attendance habits and changes in scholastic achievement which may indicate an impairment of a child's health. Recommendations as to medical, surgical or dental care shall be sent to each parent or guardian on forms prepared or approved by the Commissioner of Health, with instructions to the parent or guardian to notify the Department of Education of the action taken with respect to the recommendations. History: Added Mar. 15, 1966, No. 1618, Sess. L. 1966, p. 87.

The Commissioner of Education, jointly with the Commissioner of Health, shall issue such rules and regulations, consistent with the provisions of this chapter, as they shall deem necessary or appropriate for the purpose of effectuating and implementing the same, provided, however, that the content of the medical, dental, nursing and environmental health portions of the school health program shall be prescribed by and under the general direction of the Commissioner of Health and the administration and supervision of the educational and teaching aspects of the program shall be the responsibility of the Commissioner of Education. History: Added Mar. 15, 1966, No. 1618, Sess. L. 1966, p. 87.

(a) [Repealed.] (b) The Board shall prescribe rules and regulations and establish criteria for the certification, selection, and appointment of teachers, supervisors, principals, librarians and other professionals of the Department of Education. Certificates licensing the holders to teach in the public schools of the Virgin Islands shall be issued solely by the Board. Only persons to whom these certifications have been issued may be considered by the Joint Board of Education for the eligible list. The Commissioner shall prescribe rules and regulations subject to the approval of the Board and the Governor for the determination of salaries (subject to Schedule III in Title 3, section 551, VIC). (c) In addition to any other requirements that may be prescribed by the Board of Education and the Department of Education, all persons teaching kindergarten-4 through third grade in the public schools must have specific requirements outlined by the Board in order to teach early childhood education. (d) All appointments under this section shall be subject to the approval of the Governor, and, except as otherwise may be provided 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 resident of the United States Virgin Islands, and holds a license as provided in this section; provided, however, qualified nonresidents may be granted temporary appointments in areas in which qualified residents are not available. For purposes of this subsection; the word "resident" means any United States citizen or the holder of an alien registration receipt card (United States Department of Justice Form No. 1-151) who is domiciled in the Virgin Islands. (e) Notwithstanding any other provision of this section, the Department of Education is authorized to employ auxiliary or paraprofessional personnel, including teacher's assistance, instructional aides and student teachers, for the purpose of assisting professional personnel in such duties and services described by rules and regulations issued by the Commissioner with the approval of the Board and the Governor. (f) Not later than April 15th of each calendar year, all teachers and educational personnel appointed pursuant to this section shall sign a declaration as to whether they will or will not be available for service in the ensuing year. Any teacher or educational personnel who indicates on or before April 15th that he will return, but subsequently changes his mind, must notify the Commissioner of Education by July 15th of that year. The failure to make such notification will be regarded as a confirmation of the April 15th declaration of availability for service. Any teacher or educational personnel who does not report to duty by the second day of the new school year at his assigned school, and who has failed to notify the principal, in writing, of any valid reason for absence on or before the fifth day shall be subject to immediate dismissal. (g) Any teacher or educational personnel who takes unauthorized leave during the course of the school year for five (5) or more consecutive working days shall be subject to immediate dismissal. (h) There shall be established a Virgin Islands Teacher Proficiency Exam. (i) (1) The Department of Education shall hold regular examinations not less frequently than semiannually for the admission to teach. The examination shall have a written and oral component, and shall cover such subjects as the Department of Education prescribes, which, in accordance with accepted teaching standards, are sufficient for the proper evaluation of an applicant's qualification to practice teaching. (2) Candidates for admission to practice teaching shall be required to attain an overall average as determined by the Department of Education on the subjects on which they are examined. No applicant shall be granted an appointment to teach who does not pass the proficiency examination, provided, however, that the provisions of this section may be waived by the Department of Education for temporary or emergency appointments made under section 123 of this chapter, or when it is determined that the applicant has met the equivalency requirements under section 122 of this chapter. (j) Every school-based professional appointed to the Virgin Islands Public School System, shall be required by the Commissioner of Education to successfully complete a course in Virgin Islands history and culture within the first year of service. Failure to successfully complete such a course shall be cause for dismissal. (k) Notwithstanding any other provisions of law to the contrary, no person hired to teach in the public schools of the Virgin Islands shall be deemed to have attained tenure or permanent employment status until such person has obtained teacher certification status and shall have taught for three consecutive school years in the public schools of the Virgin Islands; provided that no person tenured on the date of enactment of the act adding this subsection shall lose their tenure due to the enactment of this subsection. History: Amended May 16, 1957, No. 160, § 35, Sess. L. 1957, p. 30; June 30, 1958, No. 323, § 2, Sess. L. 1958, p. 100; Mar. 25, 1971, No. 2936, Sess. L. 1971, p. 77; June 24, 1976, No. 3824, Sess. L. 1976, p. 61; Dec. 18, 1979, No. 4373, Sess. L. 1979, p. 241; June 24, 1987, No. 5265, § 802(f), Sess. L. 1987, p. 85; Oct. 8, 1992, No. 5816, §§ 204, 205(a)(1), Sess. L. 1992, pp. 143, 144; amended Jan. 18, 2020, No. 8270, § 1, Sess. L. 2019, p. 176.

The Virgin Islands Board of Education, upon recommendation of the Commissioner of Education may endorse state, territorial or foreign teacher certification, 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 shall be satisfactorily shown that the qualifications and the courses of study pursued by such persons are equal to the requirements of the Virgin Islands. History: Amended May 16, 1957, No. 160, § 35, Sess. L. 1957, p. 30; Mar. 24, 1971, No. 2970, Sess. L. 1971, p. 85.

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 523 of Title 3 subject to the requirements for tenure provided in subsection (j) of section 121 of this chapter. 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 subject to the requirements for tenure provided in subsection (j) of section 121 of this chapter. History: Amended May 16, 1957, No. 160, § 35, Sess. L. 1957, p. 31; Oct. 8, 1992, No. 5816, § 205 (a)(2), Sess. L. 1992, p. 144.

The holding of a license does not entitle the holder to an appointment.

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 and provided further that the requirements for tenure provided in subsection (j) of section 121 apply. History: Amended May 16, 1957, No. 160, § 36, Sess. L. 1957, p. 31; Oct. 8, 1992, No. 5816, p § 205 (a)(3), Sess. L. 1992, p. 144.

(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 prepared by the Board. (b) The action of the Board in granting or refusing any such license shall be subject to review by the Governor. History: Amended May 16, 1957, No. 160, § 36, Sess. L. 1957, p. 31; June 24, 1987, No. 5265, § 802(g), Sess. L. 1987, p. 85.

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 an employee may be considered unless the Virgin Islands Board of Education concurs in the recommendation: and provided further, that all dismissals, whether appealed under section 530 of Title 3, or not, shall be subject to the approval of the Governor. History: Amended May 16, 1957, No. 160, § 36, Sess. L. 1957, p. 31; Feb. 27, 1962, No. 819, §§ 6, 7, Sess. L. 1962, p. 52.

(a) Leaves of absence for employees in the Department of Education in excess of 30 days 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. (b) Leaves of absence for employees in the Department of Education up to 30 days shall be recommended by the Insular Superintendent of schools and approved by the Commissioner of Education, provided that no such leave shall affect tenure. History: Amended May 16, 1957, No. 160, § 36, Sess. L. 1957, p. 31; May 27, 1988, No. 5339, § 1, Sess. L. 1988, p. 135.

In the month of April of each year, after conference with their respective principals and supervisors as to their proficiency according 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. History: Amended May 16, 1957, No. 160, § 37, Sess. L. 1957, p. 32.

Determination Reasonable Force; Regulations (a) As used in this section: (1) "Corporal punishment" means the intentional infliction of physical pain upon the body of a pupil as a disciplinary measure; and (2) "Reasonable force" means that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and may include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. (b) An employee of a public school or accredited nonpublic school may not inflict, or cause to be inflicted, corporal punishment upon a pupil, even if that employee acts at the direction of a child's parent or guardian. An employee's physical contact with the body of a pupil is not corporal punishment if it is reasonable and necessary under the circumstances and is not designed or intended to cause pain or if the employee uses reasonable force for the protection of the employee, the pupil, or other pupils to obtain the possession of a weapon or other dangerous object within a pupil's control, or for the protection of property. (c) Corporal punishment does not include the following: (1) Verbal recrimination or chastisement directed toward a pupil; (2) Reasonable requests or requirements of a pupil engaged in activities associated with physical education class or extracurricular athletics; (3) Detention in a seat, classroom or other part of a school facility, unless the detention is accomplished by the use of material restraints applied to the pupil; (4) Actions by an employee subject to this section toward a person who is not a pupil of the school; or (5) Using incidental, minor, or reasonable physical contact to maintain order and control. (d) A school employee who, in the reasonable course of the employee's employment responsibilities, comes into physical contact with a pupil, is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of such physical contact, if the physical contact is reasonable under the circumstances and involves the following: (1) Encouraging or supporting the pupil; (2) Protecting the employee, the pupil or other pupils; (3) Obtaining possession of a weapon or other dangerous object within a pupil's control; (4) Quelling a disturbance or preventing an act threatening physical harm to any person; (5) Removing a disruptive pupil from class or any area of the school premises, or from school- sponsored activities off school premises; (6) Preventing a pupil from the self-infliction of harm; (7) Self-defense; (8) Protecting school property; or (9) Any other legitimate educational activity. (e) In determining the reasonableness of the physical force used by a school employee, the following factors must be applied: (1) The size and physical, mental, and psychological condition of the pupil; (2) The nature of the pupil's behavior or misconduct provoking the use of physical force; (3) The instrumentality used in applying the physical force; (4) The extent and nature of resulting injury to the pupil if any; and (5) The motivation of the school employee using physical force. (f) The Department of Education shall adopt regulations to implement this section. History: Added Dec. 6, 2021, No. 8516, § 1, Sess. L. 2021, p. 226, 227.

(a) No person hired by the Department of Education as a teacher paraprofessional, other educator or support staff shall commence employment with the Department of Education without first receiving an executed and valid Notice of Personnel Action (NOPA) from the Division of Personnel. (b) No person may be hired as a school monitor who has not taken and passed a psychological test as to his suitability for the position and submitted to a police background check. History: Added Jan. 6, 1987, No. 5249, § 3, Sess. L. 1986, p. 442; amended Dec. 13, 1995, No. 6088, § 13, Sess. L. 1995, p. 243; Dec. 2, 2005, No. 6797, § 1, Sess. L. 2005, p. 445.

(a) Any teacher certified under the provisions of this chapter and who is employed in the Virgin Islands public school system for at least five (5) years shall be provided for two consecutive summer terms free tuition for attendance at the University of the Virgin Islands for the pursuit of a Master's Degree in Education. (b) Any teacher that terminates or is terminated from employment in the Virgin Islands public school system less than two (2) years after receiving their Master's degree or fails to complete the course work towards the Master's degree within four years after the teacher matriculated shall become liable to the Government of the Virgin Islands for all sums paid to the teacher under the program. (c) The President of the University of the Virgin Islands, in collaboration with the Board of Education, shall promulgate the necessary rules, regulations and procedures to carry out the provisions of this section. History: Added Aug. 2, 2001, No. 6418, § 4, Sess. L. 2001, p. 66.

The Department of Education shall provide training for employees who have been hired as monitors, before they begin working at a school and shall provide professional development training for all monitors employed by the Department. History: Added Dec. 2, 2005, No. 6797, § 2, Sess. L. 2005, p. 445.

The principal of each school shall select coaches for interscholastic sports activities who meet the requirements established by The Department of Education. The Department of Education shall provide for compensation of coaches, including stipends for non-AFT members. History: Added Oct. 26, 2010, No. 7233, § 8, Sess. L. 2010, p. 257.

The Department of Education shall cause all public school counselors to be trained in grief and stress counseling. History: Added May 27, 2016, No. 7879, § 1, Sess. L. 2016, p. 92.

Every school-based professional, including teachers and administrators, shall complete a course in mitigating behavioral issues and misconduct in the classroom, at no cost to the school-based professional, provided by the Commissioner of Health, Division of Behavioral Health Services in accordance with 19 V.I.C. § 1022. History: Added Nov. 14, 2023, No. 8780, § 2, Sess. L. 2023, p. 151.

(a) In recognition of the demonstrated correlation between good nutrition and the capacity of children to develop and learn, and to more effectively meet the institutional needs of the children of the Virgin Islands, the Commissioner of Education is hereby authorized and directed to conduct special nutrition programs, including school lunches. Such programs shall be developed and conducted in full compliance with federal requirements for special nutrition programs. Nothing in this chapter shall be construed as authorizing programs which would disqualify the Virgin Islands from maximum federal funding of special nutrition programs under Title 42, Chapters 13 and 13A, United States Code, or any future amendments thereto. (b) The Virgin Islands Department of Education is hereby designated the "State Agency" for administration of special nutrition programs within the meaning of that term under applicable federal law. The Commissioner of Education may consult with the Commissioner of Health, the Commissioner of Economic Development and Agriculture, administrators of charitable institutions, and the Commissioner of Human Services in administering the provisions of this chapter in order to maximize the effective delivery of services under the programs required by this chapter. (c) The Commissioner of Education, in consultation with the respective Insular Superintendents, shall designate within each district, a "school food authority" within the meaning of applicable federal law. Each "school food authority" shall be responsible for the administration of special nutrition programs within their respective districts. History: Added Oct. 8, 1992, No. 5816, § 202, Sess. L. 1992, p. 139.

(a) In addition to all requirements of applicable federal law, each school food authority shall administer special nutrition programs that: (1) meet minimum nutritional standards established by the Commissioner of Education; (2) include in the regular dietary program, when feasible, locally-grown or produced foods; (3) consider student views on food desirability, without sacrificing nutritional standards; (4) coordinate with school principals and student representatives, a program designed to diminish waste of foods; (5) serve lunches free and/or at a reduced price to all children who are determined by the Commissioner to be eligible for such meals under applicable federal law; (6) are available to all individuals regardless of race, color, religion, national origin, age, sex or handicap; (7) maintain a nonprofit school food service; (8) maintain necessary facilities for sanitary storing, preparing, and serving of food; and (9) observe all laws for storage, preparation, and service of food under proper sanitation and health standards. (b) The Commissioner of Education is authorized to enforce the standards required by this section, including the applicability of additional federal standards, through appropriate action. (c) The Commissioner of Education may adjust the standards required under this section for administration of any Federal Special Milk Program, School Breakfast Program, or any other program authorized by this Chapter whenever such adjustment is required to qualify such program for federal funding. History: Added Oct. 8, 1992, No. 5816, § 202, Sess. L. 1992, p. 139.

(a) Each school may, with the approval of the Board of Education, sell to students beverages in vending machines during the school day so long as: (1) Soft drinks are not sold- (A) during the breakfast and lunch periods; (B) at elementary schools; or (C) contrary to the requirements of the National School Lunch Program of the federal government. (2) Sugared, carbonated soft drinks, including mid-calorie carbonated soft drinks, are not offered for sale in middle schools; (3) Not greater than 50% of the offerings for sale to students in high schools are sugared carbonated soft drinks; and (4) Bottled water products are available in every school that has beverage vending. (b) Nothing in subsection (a) of this section prohibits a school from adopting stricter policies with respect to beverage vending or from selling diet carbonated soft drinks. (c) Snack vending in all schools must, by the 2007/2008 school year, ensure that: (1) in elementary schools, no snack vending is available to students; and (2) in middle and high schools, 75% of snack vending products contains not more than 200 calories per portion or snack vending package. History: Added Aug. 1, 2007, No. 6933, § 1, Sess. L. 2007, p. 72.

(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 prescribe such rules and regulations as may be necessary for the implementation 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. History: Amended May 16, 1957, No. 160, § 39, Sess. L. p. 32; Apr. 6, 1964, No. 1189, §§ 1, 2, Sess. L. 1964, p. 199.

History: Repealed. July 7, 1959, No. 489, § 1(a), Sess. L. 1959, p. 129.

Appropriations (a) There is hereby created a special fund in the Treasury of the United States 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, corporations, partnerships, trust funds, charitable or other eleemosynary organizations, domestic, national or foreign, as may be made to the said fund from time to time and any other sums covered into the fund pursuant to law, as well as any contributions 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 contributions thereto. He shall manage the fund in such manner as to preserve 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 United States Virgin Islands, a sum of not less than $15,000, to be included in the budget of the Government and paid into the said fund for disposition in accordance with law. (f) The Virgin Islands Board of Education is authorized to utilize any unawarded and unexpended special legislative grants in any fiscal year for the Territorial Scholarship Fund in successive fiscal years. The Virgin Islands Board of Education shall submit a list of all unawarded and unexpended grants to the Legislature not later than 30 days after the end of each fiscal year. (g) Notwithstanding the provisions of subsection (c) of this section, the Virgin Islands Board of Education in furtherance of subsection (b) of this section, is empowered to negotiate and execute contracts or agreements with corporations which are recognized as nonprofit or eleemosynary by the Internal Revenue Service programs under which such nonprofit corporation or corporations will grant or endorse scholarship grants and loans of the type and nature authorized to be made out of the Territorial Scholarship Fund by this chapter and, in connection with such contract or contracts, the Virgin Islands Board of Education is authorized to make such deposits with said nonprofit corporation or corporations out of the Territorial Scholarship Fund as may be necessary in order to induce said nonprofit corporation or corporations to enter into such contract or contracts; provided, however, that the aggregate amount of any such deposits in any fiscal year shall not exceed a sum established and approved by the Legislature. (h) The Board of Education is authorized to expend annually out of the Territorial Scholarship Fund such monies not to exceed $20,000 for the administrative costs as described in section 176(d) of this title for the collection of loans. History: Added July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 129; amended Apr. 29, 1974, No. 3559, § 1, Sess. L. 1974, p. 86; July 17, 1974, No. 3607, § 3, Sess. L. 1974, p. 205; Oct. 14, 1986, No. 5206, § 300(1), Sess. L. 1986, p. 245; Sept. 9, 1996, No. 6118, § 12, Sess. L. 1996, p. 100; Oct. 31, 1998, No. 6269, § 48, Sess. L. 1998, p. 468.

(a) Scholarship grants are hereby established for undergraduate and graduate study in such legitimate fields of study as shall be determined and revised at least biennially by the Board of Education, subject to approval by the Legislative Standing Committee on Education, which determination shall be based primarily on established community need for persons trained in such fields. (b) The number of scholarships to be awarded in a particular field shall be determined by the Board on the basis of the number of applicants therefor, the critical needs of the community, the availability of funds and such other factors as the Board deems relevant to such determination. The Board shall adopt rules and regulations governing applications for and granting of annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards by scholarship grantees to remain eligible for said scholarships. (c) Scholarship grants under this section may be of varied character according to the needs of the grantee and his educational program, provided that no undergraduate scholarship shall exceed the annual sum of $5,000, and no graduate scholarship shall exceed the annual sum of $7,000. The amount of scholarship renewals to the same individual may be increased or decreased as the Board deems necessary and appropriate. (d) If a program of study leading to a degree in any of the fields enumerated in this section is available through a college or university located in the Virgin Islands, no scholarship may be awarded to any applicant which exceeds the annual cost for tuition, books and other reasonable educational expenses, as determined by the Board, which would be incurred by said applicant in attending said local college or university. (e) Members of the Board of Education or any other board that grants or administers scholarship are prohibited from applying for or receiving any scholarship or grant under this chapter. History: Added July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 130; amended Apr. 7, 1967, No. 1895, § 1, Sess. L. 1967, p. 80; July 17, 1974, No. 3607, § 1, Sess. L. 1974, p. 204; May 28, 2005, No. 6732, § 11, Sess. L. 2005, p. 153; amended Sept. 25, 2020, No. 8388, § 3, Sess. L. 2020, p. 227.

History: Repealed. July 17, 1974, No. 3607, § 2, Sess. L. 1974, p. 205.

Scholarship shall be granted out of the Territorial Scholarship Fund created by section 171 of this title, to applicants therefor who had been bona fide residents of the Virgin Islands at the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study. History: Added July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 130; amended June 24, 1963, No. 1039, § 1, Sess. L. 1963, p. 405; Mar. 25, 1971, No. 2962, Sess. L. 1971, p. 76.

(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 United States Virgin Islands, to enable such employees to pursue study and training 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. History: Added July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 130.

Scholarships and leaves with pay to teachers in active service shall be recommended to the Virgin Islands Board of Education by the Commissioner of Education for approval or disapproval by such Board under such rules and regulations as the Board may prescribe. In no event shall such scholarships or leaves be granted by the Board in the absence of a specific recommendation to that effect by the Commissioner. Leaves with pay for the pursuit of studies may be granted for a period of not to exceed two years. History: Added July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 131; amended Mar. 30, 1972, No. 3199, Sess. L. 1972, p. 57.

(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 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 said Board; provided that all loans shall be: (1) evidenced by promissory notes which shall bear interest on the unpaid balance at a rate of six percent (6%) per annum; and (2) repaid by assignment of not more than 10 percent of the recipient's earning[s] after leaving school. (3) not subject to the limitations of actions established in title 5 chapter 3 of the Virgin Islands Code with respect actions for debt collection. (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. (d) The Board of Education is authorized and directed to promulgate rules and regulations to provide for a delinquency charge for any loan which is deemed by the Board to be in default. The charge shall not exceed two percent (2%) per annum of the unpaid principal, interest due, and administrative costs for the collection of such loan. As used in this chapter, the term "administrative costs" means any administrative costs incurred by the Board which are directly related to the collection of the loan, including the attributable compensation of collection personnel, attorney's fees, fees paid to collection agencies, postage, equipment, supplies, telephone and similar charges. The term "administrative costs" does not include the overhead costs of the Board, whether or not attributable to the collection of a delinquent loan. History: Added July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 131; Oct. 14, 1986, No. 5206, § 300(2), (3), Sess. L. 1986, p. 245; amended July 14, 2003, No. 6580, § 1, Sess. L. 2003, p. 17.

Programs; 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 certificates entitling persons to the benefits thereof, the use of scholarships 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. (d) During the month of November of each calendar year the Virgin Islands Board of Education shall cause to be published daily for a period of one week in two newspapers of general circulation in the Territory a notice containing a list of all scholarships established in the Virgin Islands from any source and available to residents of the Territory. Said notice shall include for each scholarship; the name of the scholarship, the value of the award, where to apply, eligibility requirements, and any other pertinent information as determined by the Board. History: Added July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 131; amended Oct. 19, 1976, No. 3888, Sess. L. 1976, p. 206; amended Sept. 29, 2023, No. 8770, § 6, Sess. L. 2023, p. 132.

The Board may process, write checks and make direct payments to all recipients of scholarships, grants, or loans under this chapter, without a purchase order from the Department of Property and Procurement. History: Added July 18, 2012, No. 7378, § 4, Sess. L. 2012, p. 172; amended Sept. 11, 2012, No. 7394, § 8, Sess. L. 2012, p. 239.

Graduates; Territorial Scope (a) The Commissioner of Health is authorized and directed to establish a system of scholarships, which may provide for, but shall not necessarily be limited to, basic studies, in-service training, study leave, refresher courses and/or post graduate training, in the fields of nursing and such other medical or hospital skills, services or disciplines as the said Commissioner may determine are necessary for the proper and efficient providing of medical and hospital services for the people of the Virgin Islands. (b) Not more than eighteen of the scholarships provided for in this section shall be granted annually, of which twelve shall be in nursing; Provided, That at least one such scholarship shall be granted to a qualified graduate from each of the high schools of the Virgin Islands, public or parochial. Such scholarships as are granted under this section may be renewed from year to year and such renewals shall not diminish the number of new scholarships which may be granted annually. (c) (1) Such scholarships may be for training or studies within the Virgin Islands or outside of the Virgin Islands and shall not exceed $4,000 per annum for undergraduate study or $10,000 per annum for graduate study. (2) Scholarships may be granted to applicants who are residents of the Virgin Islands but who temporarily live outside of the Virgin Islands and who manifest an intent to return to the Virgin Islands. History: July 9, 1958, No. 352, § 1, Sess. L. 1958, p. 132; amended July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 129; Mar. 8, 1962, No. 832, Sess. L. 1962, p. 69; Apr. 2, 1964, No. 1167, Sess. L. 1964, p. 173; June 29, 1965, No. 1449, Sess. L. 1965, Pt. I. p. 336; Dec. 27, 1974, No. 3643, Sess. L. 1974, p. 270; Jan. 2, 1986, No. 5122, § 1, Sess. L. 1985, p. 175.

Standards; Conditions; Cancellation (a) Recipients of scholarships under the provisions of section 180 of this title, shall be selected on the basis of need, aptitude and academic preparation and/or work experience; provided, that every recipient of a scholarship shall enter into a contract with the Commissioner of Health to the effect that upon termination of his studies or training he shall serve in the Department of Health of the Virgin Islands for a period of time equal to the period during which he received the benefits of the scholarship under penalty of repayment of the scholarship amount awarded, with interest at the same rate paid by the Government for past due judgments, for failure to work the time required. (b) The scholarships herein authorized may at any time be cancelled for incompetence, lack of application to studies or training, continuous ill health, misbehavior, or noncompliance with the norms, regulations and other requirements of the educational center or other place where enrolled for study or training. History: July 9, 1958, No. 352, § 2, Sess. L. 1958, p. 132; amended July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 129; June 29, 1965, No. 1449, Sess. L. 1965, Pt. I, p. 336; Jan. 2, 1986, No. 5122, § 2, Sess. L. 1985, p. 175.

The amounts of the scholarships provided for in section 180 of this title shall be at a rate not to 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 other related expenses necessarily incident to the course of study or training. Scholarship payments shall be made directly to the appropriate administrative authorities of the educational center or other place of study or training. History: July 9, 1958, No. 352, § 3, Sess. L. 1958, p. 132; amended July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 129; June 29, 1965, No. 1449, Sess. L. 1965, Pt. I, p. 336.

The Commissioner of Health shall establish within the Department a board for the purpose of assisting and advising him with respect to the formulation of standards and procedures and the selection of scholarship recipients, and, with the approval of the Governor, shall issue such rules and regulations consistent with the provisions of this chapter as may be necessary or appropriate for the effectuation of the provisions of sections 180 - 183 of this title. History: July 9, 1958, No. 352, § 4, Sess. L. 1958, p. 132; amended July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 129; June 29, 1965, No. 1449, Sess. L. 1965, Pt. I, p. 336.

Funds for the provisions of scholarships under sections 180 - 184 of this title shall be appropriated by the Legislature in the annual budgets of the Department of Health. History: July 9, 1958, No. 352, § 5, Sess. L. 1958, p. 132; amended July 7, 1959, No. 489, § 1, Sess. L. 1959, p. 129.

Notwithstanding the provisions of any other law and in addition to any scholarships or loans for nurses which may be available, the Commissioner of Health is authorized to select annually from the staffs of the health facilities in the Territory two practical nurses for training as registered nurses in recognized nurses' schools in the United States. Said nurses shall receive leave with full pay for the period required to obtain degrees, and they shall execute contracts similar to those required of persons who are entitled to scholarships provided by the Government of the United States Virgin Islands. History: Feb. 26, 1965, No. 1310, Sess. L. 1965, Pt. I, p. 28; amended Jan. 2, 1986, No. 5122, § 3, Sess. L. 1985, p. 175.

The Health Scholarship Board is authorized to select annually from among all applicants ten persons for training as practical nurses in the practical nurses training program under the Career and Technical Education System of the Virgin Islands, provided that applicants shall present proof to the Department of Health that they have been accepted by the Department of Education for such training. Each person selected shall receive leave with full pay, if an employee of the Government of the Virgin Islands, or a subsistence allowance of $1,800, if not such an employee, for the period required to obtain the necessary training and each shall be required to execute a contract with the Government agreeing to accept and remain in a position with said Government as a practical nurse for a period of not less than two years. History: June 16, 1966, No. 1786, § 1, Sess. L. 1966, p. 377; amended Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

(a) There is established the Bennie and Martha Benjamin Foundation Scholarship (hereinafter "the Scholarship") which shall be awarded to residents of the Virgin Islands who are pursuing careers in medical or health care fields. The Scholarship shall be awarded to students for the purpose of funding their education or acquiring certification in the medical or health care field. Each such recipient shall execute a commitment on a form prescribed by the Commissioner of Health, to practice and work in such field in the Virgin Islands following their completion of studies. (b) The Scholarship shall be administered by the Commissioner of Health. The Commissioner shall, after consultation with the Medical Directors of the hospitals and clinics, make a determination each year regarding which area of study will be the subject of the Scholarship to be awarded for that year, following which the Commissioner shall, in a timely fashion, announce and publicize the availability of the Scholarship and the necessary qualifications for applicants. (c) The Commissioner shall adopt rules governing the granting of the Scholarship, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall initially be awarded and thereafter renewed, and establish the length of time of commitment of service required of recipients pursuant to subsection (a) of this section, not to be less than two (2) years for each year of scholarship. (d) The Commissioner may adopt forms to be used by applicants for the Scholarship and service commitment and fix a date on which the scholarship is to be awarded annually. All scholarships shall be awarded publicly at a ceremony to which the public shall be invited. (e) Each scholarship awarded shall not exceed $10,000 per year which sum shall be applied to the payment of tuition, academic fees, book purchases and living expenses. The Commissioner may, in his or her discretion, award more than one scholarship each year, but shall endeavor to ensure that the scholarships are awarded to residents of both St. Thomas/St. John and St. Croix. (f) The Commissioner of Health is authorized and directed to accept private donations on behalf of the Scholarship including, but not limited to, donations from the Bennie and Martha Benjamin Foundation, Inc. The Scholarship may also be funded by an appropriation from the Legislature. (g) Nothing contained herein shall be interpreted to preclude the Bennie and Martha Benjamin Foundation, Inc., from establishing other scholarship programs in the Virgin Islands, or to preclude any private organization from acting as administrator of such scholarship programs. History: Added Aug. 19, 1993, No. 5884, § 1, Sess. L. 1993, p. 204.

(a) There is established the Winifred Lewis-Garfield Nursing Scholarship Fund that shall be administered by the University of the Virgin Islands for the purpose of providing scholarship grants to University of the Virgin Islands students pursuing studies in nursing. (b) The University of the Virgin Islands shall adopt rules governing the applications, granting of scholarships, and eligibility requirements, except that only applicants maintaining a 3.0 grade average shall be eligible for a scholarship award under this section. (c) Scholarships granted under this section may not exceed $3,000 per school year and the sum granted must be applied to the payment of tuition, lodging, board, books, supplies, transportation and other related expenses in connection with the study of nursing. (d) The sum of $10,000 shall be appropriated during each fiscal year for deposit in the Winifred Lewis- Garfield Nursing Scholarship Fund. Upon appropriation of the funds, the sums shall remain available until expended. History: Added June 17, 2002, No. 6515, § 2, Sess. L. 2002, p. 313.

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. History: Added May 11, 1960, No. 554, Sess. L. 1960, p. 59; amended June 12, 1961, No. 727, § 1, Sess. L. 1961, p. 78.

In determining who shall be awarded the Edward Wilmot Blyden Scholarship, the Virgin Islands Board of Education shall annually cause to be administered to any student attending the high schools of the Virgin Islands and applying therefor a standardized college entrance test, and shall award such scholarship on the basis of the outcome of this test and such other factors as it may establish, including but not limited to: 1. Length of attendance in the schools of the Virgin Islands. 2. Scholastic standing and record as shown through annual transcripts. 3. Statement from applicant regarding educational objectives and plans for the future. 4. Financial need. 5. Ties to the community and likelihood that applicant will return to the Virgin Islands after completing his education. 6. Qualities of good citizenship exhibited by the student. History: Added May 11, 1960, No. 554, Sess. L. 1960, p. 59; amended June 12, 1961, No. 727, § 2, Sess. L. 1961, p. 78; Mar. 6, 1968, No. 2109, Sess. L. 1968, Pt. I, p. 19; Mar. 16, 1973, No. 3399, Sess. L. 1973, p. 17.

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. History: Added May 11, 1960, No. 554, Sess. L. 1960, p. 59.

Education (a) There is hereby established the Albert Ragster, Sr., Scholarship Fund for deserving Virgin Islands students pursuing studies in career and technical education. The Fund shall be administered by the Board for Career and Technical Education. (b) From such sums as may be deposited from time to time in the Albert Ragster, Sr., Scholarship Fund, the Board for Career and Technical Education may award full or partial scholarships for career and technical education to such students as it determines are deserving of a scholarship award; provided, however, that every recipient of a scholarship shall enter into a contract with the Board which shall require that upon termination of his studies or training, the student shall work at his acquired skills within the Virgin Islands for a period of time equal to the period during which he received the benefits of the scholarship. (c) There are authorized to be appropriated during each fiscal year such sums as the Legislature may determine for deposit in the Albert Ragster, Sr., Scholarship Fund. Upon appropriation, the sums shall remain available until expended. History: Added July 12, 1978, No. 4150, § 1, Sess. L. 1978, p. 99; amended Sept. 27, 1983, No. 4854, § 2(c), Sess. L. 1983, p. 134; Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

(a) There is hereby established the Morris F. de Castro Fellowship to be awarded annually to two officials or employees in the active service of the Government of the United States Virgin Islands, one a resident of St. Croix and one a resident of St. Thomas or St. John, for a one year leave of absence with full pay for study at the college or university level or for advanced training or for specialized training in areas vital to the Government of the United States Virgin Islands. (b) The Governor of the Virgin Islands, the President of the Legislature, the Chief Justice of the Supreme Court, the Administrator of St. John and the head of each Executive Department may each nominate one Government employee or official each year for the Morris F. de Castro Fellowship Award. Only those persons who have made outstanding contributions to the Government service during the preceding year shall be eligible for such award. (c) All nominations for the Morris F. de Castro Fellowship Award shall be submitted to a Board, to be known as the Morris F. de Castro Fellowship Board, composed of the Chairman of the Board of Education or his designee, the Chairman of the Government Employee Service Commission, Administrator of St. John, Director of Personnel, President of the University of the Virgin Islands, and the widow of Morris F. de Castro or her designated representative. The Board shall make its annual selections from among the nominations received. (d) Recipients of fellowships shall receive, in addition to their regular salary, a grant for one round trip fare, tuition, books and other educational expenses in connection with the studies pursued, all of which, including the regular salary of the employee, shall be paid from funds appropriated for the Morris F. de Castro Fellowship. If the advanced or specialized training sought by the recipient is reasonably available at a college or university located within the Virgin Islands, the recipient shall be required to enroll therein. (e) The Fellowship Board may prescribe rules and regulations for the proper administration of the provisions of this section. (f) There is authorized to be appropriated during each fiscal year, a sum not more than $45,000 for all proper and necessary expenses of recipients of fellowships awarded in accordance with this section. All funds appropriated for the Morris F. de Castro Fellowship shall be appropriated to and administered by the Virgin Islands Joint Boards of Education for the purposes of this Section. Upon appropriation, such funds shall remain available until expended. (g) A recipient of this award shall, upon completion of his studies, be required to work in the Territory of the Virgin Islands for not less than three years. In the event the recipient does not return to the Territory and work therein for three years upon completion of his studies, the grant shall become a loan payable upon demand. History: Added Aug. 1, 1969, No. 2514, Sess. L. 1969, p. 226; amended Feb. 19, 1971, No. 2942, Sess. L. 1971, p. 5; Apr. 26, 1972, No. 3213, §§ 1, 2, Sess. L. 1972, p. 74; May 6, 1976, No. 3807, Sess. L. 1976, p. 47; Oct. 14, 1986, No. 5206, § 112(a), Sess. L. 1986, p. 239; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249; Jan. 10, 1989, No. 5403, § 3, Sess. L. 1988, p. 399; July 18, 2012, No. 7378, § 2, Sess. L. 2012, p. 172; amended July 19, 2013, No. 7491, § 1, Sess. L. 2013, p. 26; amended July 30, 2016, No. 7888, § 9(a), Sess. L. 2016, p. 113.

There is hereby created the Virgin Islands Music Scholarships. Two music scholarships shall be awarded annually for higher education awarded annually for higher education in the field of music. One scholarship each year shall be granted to a resident of St. Croix and the other shall be granted to a resident of St. Thomas or St. John. Applicants for scholarships shall apply to the Virgin Islands Board of Education pursuant to rules and regulations established by the Board. From among the applicants the Board shall select the persons to be awarded scholarships. Each scholarship shall be for one year in the amount of $2,000.00. The Board may, in its discretion renew a scholarship from year to year. History: Added Sept. 18, 1969, No. 2552, § 1, Sess. L. 1969, p. 283.

(a) There is hereby established the Virgin Islands Fish and Game Scholarship, which scholarship shall be administered by the Virgin Islands Board of Education for the purpose of providing scholarship grants to students pursuing an undergraduate degree in marine biology, environmental education, biology or related field. (b) The Board in cooperation with the Department of Planning and Natural Resources, Division of Fish and Wildlife, shall adopt rules and regulations governing applications for and granting of the scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall be initially awarded and thereafter renewed. (c) Scholarship grants under this section may be of varied character according to the needs of the grantee and his educational program, provided that no grant shall exceed the annual sum of $2,000, and that no grant shall be renewed for more than three additional years. The amount of scholarship renewals to the same individual may be increased or decreased as the Board deems necessary and appropriate. (d) Scholarship grants shall be granted pursuant to this section to applicants who are residents of the Virgin Islands for at least two years prior to the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the armed forces of the United States, provided, however, that two of the recipients shall be residents of the District of St. Croix. (e) A person granted a scholarship under the provisions of this section 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, Department of Planning and Natural Resources, Division of Fish and Wildlife or other division within the department related to the degree obtained for a period of three years. (f) The sum of $10,000 shall be made available annually from the Fish and Game Fund, established pursuant to Title 12, chapter 1, subchapter VI, section 81a, Virgin Islands Code, for all proper and necessary expenses of the scholarship awarded in accordance with this section. History: Added Oct. 31, 1998, No. 6261, § 3, Sess. L. 1998, p. 420.

(a) There is hereby established the Department of Finance Graduate Study Scholarships to be awarded annually to two employees of the Audit Division of the Department of Finance, one scholarship to a resident of St. Thomas and the other scholarship to a resident of St. Croix and to two employees of the Tax Division of the Department of Finance, one scholarship to a resident of St. Croix and the other scholarship to a resident of St. Thomas. (b) All scholarships shall be for a two year leave of absence with full pay for graduate study at a recognized college or university plus $3,000 for expenses in connection with the studies pursued. Employees of the Audit Division granted scholarships shall pursue graduate studies in accounting, public administration or a related field. Employees of the Tax Division granted scholarships shall pursue graduate studies in taxation or related field. (c) All scholarships granted pursuant to this section shall be administered by the Virgin Islands Board of Education. Applicants for scholarships shall apply to the Board of Education pursuant to rules and regulations established by the Board. History: Added Oct. 4, 1970, No. 2841, Sess. L. 1970, p. 334.

(a) There is established the Trevor Nicholas "Nick" Friday Scholarship Fund that shall be administered by the Board of Education for the purpose of providing scholarship grants to one student from the Ivanna Eudora Kean High School and one student from the Charlotte Amalie High School pursuing studies in music. (b) The Board of Education shall adopt rules governing the applications, granting of scholarships, and eligibility requirements, except that only applicants maintaining a 2.5 grade average shall be eligible for a scholarship award under this section. (c) Scholarships granted under this section may not exceed $5,000 per school year and the sum granted must be applied to the payment of tuition, lodging, board, books, supplies, transportation and other related expenses in connection with the study of music. (d) A student receiving a scholarship under this section shall sign a contract committing himself/herself to return to the Virgin Islands upon completion of his/her course of study and work in the Virgin Islands in the field of music or related field. A student who fails to comply with this provision shall be liable to the Government of the Virgin Islands for the amount of the scholarship received plus ten percent of the total amount of the scholarship. (e) The sum of $10,000 shall be appropriated during each fiscal year for deposit in the Trevor Nicholas "Nick" Friday Scholarship Fund. Upon appropriation of the funds, the sums shall remain available until expended. (f) This award must be presented at the awards ceremony for each school by the Board of Education or a duly authorized representative. History: Added July 19, 2006, No. 6844, § 2, Sess. L. 2006, pp. 107, 108.

(a) There is hereby established the Exceptional Children Scholarship Program, which program shall be administered by the Virgin Islands Board of Education for the purpose of providing scholarship grants to the parents of exceptional children in order that they might receive enhanced educational opportunities in special programs or school facilities, within or outside the Virgin Islands, which are specifically designed for the education and training of said children. (b) Scholarships for the education of exceptional children shall be awarded by the Board on the basis of need and upon applications therefor made by the parent(s) or guardian(s) of the exceptional child. Not more than three such scholarships shall be awarded in any given year, and such scholarships shall be for a period of not to exceed four (4) years and in an amount not to exceed $8,000, to be allotted equally on an annual basis. (c) For purposes of this section, the term "exceptional child" shall mean any child of school age who is unable to benefit sufficiently from the regular programs of instruction offered in the public schools by reason of a mental, physical or emotional impairment, whose degree or kind of disability or illness precludes attendance in a regular school setting. Before a child may be eligible for a scholarship established pursuant to this section, the Board shall certify that said child is suffering from physical or mental disability and has demonstrated exceptional abilities and the need for educational training not available within Virgin Islands' public schools. History: Added May 16, 1974, No. 3571, § 1, Sess. L. 1974, p. 107.

Fund (a) There is established the Virgin Islands Territorial Emergency Management Scholarship Fund. Administered by the Virgin Islands Territorial Emergency Management Agency ("VITEMA"), for Virgin Islands students studying emergency management. (b) The Director of VITEMA in collaboration with the Virgin Islands Board of Education shall adopt regulations governing the applications, granting of scholarships and eligibility requirements. The Director of VITEMA may certify qualified students for the scholarships. To be eligible for a scholarship under this section a student must maintain a minimum grade point average of 2.5. (c) Scholarships granted under this section may not exceed $5,000 per year, and the scholarship amount must be applied to the payment of tuition, lodging, board, books supplies transportation and other related expenses. (d) A student receiving a scholarship under this section shall sign a contract committing the student to return to the Virgin Islands upon completion of the course of study and work in the Virgin Islands in the field of emergency management or a related field. A student who fails to comply with this section is liable to the Government of the Virgin Islands for the amount of the scholarship plus 10% of the total amount of the scholarship. (e) Funds must be made available from an annual appropriation of two percent of the Peace Officer Training Fund. History: Added July 15, 2014, No. 7636, § 1, Sess. L. 2014, p. 191, 192.

(a) There is hereby established the Ann Schrader Scholarship for Police Science to be awarded annually to one qualified resident of the Virgin Islands selected by the Board of Education from among applicants for said scholarship. The Ann Schrader Scholarship for Police Science shall be for four (4) semesters at $600 per semester and shall be for attendance at the University of the Virgin Islands only. Said scholarship shall be funded from monies appropriated to the U.S. Virgin Islands Police Department (V.I.P.D.) for that purpose. (b) The Ann Schrader Scholarship for Police Science shall be administered by the Virgin Islands Board of Education, and applicants for said scholarship shall apply to the Board of Education pursuant to rules and regulations established by said Board. History: Added Sept. 7, 1976, No. 3875, § 3, Sess. L. 1976, p. 186; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

(a) The Virgin Islands Higher Education Scholarship Program administered by the University of the Virgin Islands to provide tuition scholarships for students to attend the University of the Virgin Islands is established. (b) The University of the Virgin Islands through its scholarship program shall provide tuition aid to full-time or part-time students pursuing their first associate's or bachelor's degree, or both, or to students attending the University pursuant to the Dual Credit Program under section 41d of this title. The University of the Virgin Islands may award full or partial tuition scholarships to students pursuing an associate's degree or a bachelor's degree. (c) The President of the University of the Virgin Islands shall appoint a five-member scholarship board from its faculty and staff to administer the scholarship program as directed by regulations promulgated by the University of the Virgin Islands Board of Trustees. (d) To be eligible for a scholarship under this section a student must: (1) Be a United States citizen or a permanent resident of the United States; (2) Be a bona fide resident domiciled in the Virgin Islands at the time of making application to the scholarship program; (3) Have attended a Virgin Islands public, private, or parochial high school, or an adult Continuing Education Program, or received home instruction in accordance with title 17, chapter 9, subchapter I, sectiotit84 chapter 9rgin Islands Code for a minimum 84 of the Virgin Islands Codeattended a Virgin Islands public, private, or parochial school for not less than five years and have graduated with a cumulative 2.5 grade point average; (4) Have been a registered Virgin Islands high school student at the time of Hurricanes Maria and Irma who was forced to relocate to high school in another state or territory of the United States, and subsequently graduated from high school in another state or territory of the United States in 2018 or 2019. (5) Maintain a 2.5 grade point average at all times while in attendance at the University of the Virgin Islands; (6) Be seeking the student's first associate's or bachelor's degree at a postsecondary institution; and (7) Meet all criteria established by the University of the Virgin Islands both for admission and for continued attendance; or (8) (A) Students in the dual credit program under section 41d of this title who meet the qualifications established by the University, as amended from time to time, are eligible for scholarships under this section if the conditions set by the University for admission into the dual credit program are met by the student, including, but not limited to the following: (i) Successful completion of the 10th and 11th grades at a Virgin Islands high school; (ii) A minimum cumulative GPA of 3.0 on a 4.0 scale; (iii) Minimum SAT scores set by the University of the Virgin Islands; (iv) Nomination and recommendation by the student's high school; and (v) Participation and performance in a face-to-face interview with the Admissions Committee of the University of the Virgin Islands. (B) Subsections (e) and (f) of this section do not apply to students in the Dual Credit Program receiving scholarships to attend the University, and such students are exempted from the requirement to sign a contract committing to work in the Virgin Islands. However, if a student who receives scholarships under this subsection based on the Dual Credit Program, who after graduation from high school, is admitted for regular admission to the University of the Virgin Islands and chooses to accept scholarships under this section as a regular student of the University, then the student must comply with the requirements of subsections (e) and (f). (e) The University of the Virgin Islands shall require a recipient of the scholarship to work in the Territory of the Virgin Islands under the following conditions: (1) The scholarship recipient who receives a four-year scholarship for a bachelor's degree must work in the Territory for three years; (2) The scholarship recipient who receives a two-year scholarship for an associate's degree must work in the Territory for one year; and (3) The obligation to work in the Territory must be completed within seven years after graduation. (f) Students receiving a scholarship under this section shall sign a contract committing to work in the Virgin Islands in accordance with the conditions established in subsection (e) and must agree that failure to comply with any provision of this section will result in the scholarship's becoming a loan payable to the Government of the Virgin Islands on demand at a rate of interest established by the University through regulations not to exceed the prime rate. Any monies collected pursuant to this subsection must be deposited into the University of the Virgin Islands Scholarship Revolving Fund. (g) The University of the Virgin Islands shall develop and implement pre-enrollment programs to assist students in preparing for post-secondary education and continuing educational enrichment programs to assist scholarship recipients in succeeding academically and maintaining a 2.5 or better grade-point average. (h) The University of the Virgin Islands, in collaboration with the Virgin Islands Department of Labor, shall develop and implement a job placement program at the University of the Virgin Islands to assist scholarship recipients in obtaining gainful employment in their fields of study or related fields. (i) The University of the Virgin Islands Board of Trustees shall promulgate regulations to implement the University of the Virgin Islands Scholarship Program. The regulations must establish requirements for part- time students' participation in the scholarship program, including timelines for completion of degrees, the minimum number of semester credit hours that must be taken, and the manner of fulfilling the obligation to work in the Territory pursuant to subsection (e). (j) (1) The University of the Virgin Islands Scholarship Revolving Fund is established in the Treasury of the Virgin Islands. The Commissioner of Finance shall administer the Fund as a separate and distinct, non-lapsing fund. (2) The Fund consists of an annual appropriation of $3,000,000 from the Internal Revenue Matching Fund, all private charitable and federal grants, and any other scholarship donations gifts, devises, bequests, and all other kinds of contributions of real or personal property, from persons, corporations, partnerships, trust funds, charitable or other eleemosynary organizations, domestic, national or foreign, as may be made to the fund from time to time and any other sums covered into the fund pursuant to law, as well as any additional contributions as may be appropriated by the Legislature. (3) Monies in the Fund may be used exclusively for tuition scholarships awarded under this section and for implementing the student enrichment programs under subsection (g). History: Added Jan. 6, 2019, No. 8155, § 1, Sess. L. 2018, p. 340-342; amended July 20, 2019, No. 8184, § 2, Sess. L. 2019, p. 26; amended Oct. 26, 2020, No. 8379, § 1, Sess. L. 2020, p. 197; amended Apr. 4, 2024, No. 8415, § 1(a), (b), Sess. L. 2020, p. 287; amended Apr. 5, 2024, No. 8814, § 6, Sess. L. 2024, p. -; amended Oct. 31, 2024, No. 8924, § 10(a), Sess. L. 2024, p. -.

There is hereby created the Adam Petersen Scholarship Fund to be administered by the Virgin Islands Council on the Arts of the Department of Conservation and Cultural Affairs. From this Fund, scholarships shall be awarded to deserving individuals selected by the Council who would best learn, preserve, and teach to others the art of calling and dancing Quadrille and other cultural dances as taught by Mr. Adam Petersen. History: Aug. 4, 1978, No. 4177, § 1, Sess. L. 1978, p. 188.

(a) There is hereby established the Virgin Islands Psychiatry Program Scholarship Fund which shall be administered by the Virgin Islands Board of Education (the Board), for Virgin Islands residents pursuing a career in psychiatry. (b) The Board shall establish rules and regulations governing the form of applications, the granting of scholarships, eligibility requirements, an annual renewal policy, and minimum performance standards upon which the scholarship grant shall initially be awarded and thereafter renewed. Within ninety 90 days after the enactment of this section, the Board shall adopt forms to be used by applicants for the Virgin Islands Psychiatry Medical Doctoral Program Scholarship, establish an annual award date, and adopt such rules and regulations which are not inconsistent with this section for carrying out the provisions of this section. (c) Scholarships may be granted to applicants who are residents of the Virgin Islands, but who temporarily live outside of the Virgin Islands and who manifest an intent to return to the Virgin Islands. Each applicant must have attended school in the Virgin Islands for at least six years, must be a graduate from a Virgin Islands high school, must have been accepted or currently enrolled in a Doctor of Medicine or Doctor of Osteopathic Medicine program, must have pledged to complete a residency in psychiatry or a fellowship in psychiatry, and must maintain at least a 3.0 GPA while in the medical program. (d) Scholarships granted under this section shall be granted to two individuals per year, with one recipient from the district of St. Croix and one recipient from the district of St. Thomas-St. John. Scholarships shall be awarded in an amount up to, but not exceeding, $40,000, each academic year, per recipient, for a maximum of four years. The scholarship amount must be applied to the payment of tuition, lodging, books, supplies and academic fees to an accredited medical school. (e) A student receiving a scholarship under this section shall sign a contract committing to return to the Virgin Islands upon completion of a residency in psychiatry or a fellowship in psychiatry, to work for two years at the Department of Health for each scholarship award year. Scholarship recipients must agree that failure to comply with any of the provisions of this section shall result in the scholarship becoming a loan payable to the Government of the Virgin Islands in the amount of the scholarship awarded, plus ten percent of the total amount of the scholarship. (f) Funds for the Psychiatric Medical Doctoral Program Scholarship shall be made available from an annual appropriation from the Education Initiative Fund. Any money collected as a result of non-compliance with subsection (e) shall be deposited in the Education Initiative Fund. History: Added Jan. 18, 2020, No. 8262, § 1, Sess. L. 2019, p. 164, 165.

(a) There is hereby established the D. Hamilton Jackson Scholarship Fund for political science, labor relations, and journalism to be awarded annually to one Virgin Islands high school graduate who is planning to attend college and pursue a degree in political science, labor relations, or journalism. (b) The D. Hamilton Jackson Scholarship Fund for political science, labor relations, and journalism shall be administered by the Virgin Islands Board of Education. Applicants for said scholarship shall apply to the Board of Education pursuant to rules and regulations established by the Board. The Board upon review of all applicants shall select the recipient of the scholarship. (c) The D. Hamilton Jackson Scholarship Fund for political science, labor relations, and journalism shall be for eight (8) semesters at one thousand dollars ($1,000.00) per semester. (d) All funds appropriated or donated for the D. Hamilton Jackson Scholarship Fund shall be administered and expended by the Board of Education for the purposes of this section. History: Added May 28, 1981, No. 4548, § 1, Sess. L. 1981, p. 44.

(a) There is established the Virgin Islands Stenography Scholarship for deserving Virgin Islands persons pursuing a certificate or associate degree program in stenography, court reporting, live captioning, or other related fields. The scholarship is funded by an annual appropriation by the Legislature of the Virgin Islands. (b) The Virgin Islands Board of Education shall administer the scholarship and adopt regulations setting forth the minimum performance standards upon which the scholarship may be awarded, the uses for scholarship funds, the conditions that must be met to maintain receipt of the scholarship funds, and any other conditions the Board of Education may impose. (c) The Board shall award the scholarship in the amount of $5,000 annually to one person, per district, who must be a resident of the Virgin Islands, for a maximum of three years. (d) Recipients of the Virgin Islands Stenography Scholarship shall execute a contract with the Board of Education agreeing to return to work in the Virgin Islands not later than 90 days after completion of the course of study and further agreeing to accept employment with the Government of the Virgin Islands for an equivalent of as many years that they have received the scholarship. The scholarship recipient shall first apply to the Legislature of the Virgin Islands for employment. If the Legislature does not have a need for a stenographer, then the recipient shall seek employment with either the judicial or the executive branch of the Government of the Virgin Islands. History: Added Jan. 19, 2023, No. 8689, § 1, Sess. L. 2022, p. 446.

(a) There is hereby established the Claude O. Markoe Scholarship to be awarded annually to one Virgin Islands high school graduate who is planning to attend college and pursue a degree in education. (b) The Claude O. Markoe Scholarship shall be administered by the Virgin Islands Board of Education. Applicants for said scholarship shall apply to the Board of Education pursuant to rules and regulations established by the Board. The Board upon review of all applicants shall select the recipient of the scholarship. (c) The Claude O. Markoe Scholarship shall be for eight (8) semesters at $1,000 per semester. (d) All funds appropriated for the Claude O. Markoe Scholarship shall be appropriated to the Board of Education and administered by the Board of Education for the purposes of this section. History: Added May 28, 1981, No. 4550, § 1, Sess. L. 1981, p. 46.

(a) The Virgin Islands Maritime Industry Educational Scholarship is established and administered by the Virgin Islands Board of Education to provide support to individuals interested in pursuing a career in the maritime industry in the Virgin Islands. The scholarship aims to encourage and assist qualified students in obtaining the education and training necessary for a successful career in various maritime-related fields. (b) "Maritime industry" means all industries and sectors directly related to maritime activities, marine shipping, logistics, sciences, or engineering and mechanics; maritime law, economics, technology, tourism and recreation, or safety and security; environmental maritime studies; diving and underwater technology; yachting and recreational boating; fishing and aquaculture; mariculture; port management; naval architecture; and other related disciplines. (c) The Board of Education shall develop guidelines, procedures, and criteria for the application process, scholarship selection, the disbursement and repayment of funds, and shall establish a fair and transparent selection process to select scholarship recipients. (d) To be eligible for the scholarship, applicants must have resided in the Virgin Islands for not less than three years preceding the date the application is submitted. An applicant who has been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the armed forces of the United States is a resident for purpose of eligibility for the scholarship. The applicant must also be seeking enrollment into accredited colleges, universities, vocational institutions, or other recognized educational programs and pursuing a degree in the occupational areas set forth in subsection (b), which has been approved by the Board of Education. (e) Subject to the availability of funds, the Virgin Islands Board of Education shall award scholarships in an amount not to exceed $10,000 per year and must be applied to the payment of tuition, lodging, transportation expenses, or any other related expenses in connection with the studies pursued. Scholarships may not be granted for more than four years. The Virgin Islands Board of Education shall disburse scholarship funds when the recipient has been accepted for enrollment at an educational institution and shall thereafter disburse funds at the beginning of each academic year or as directed by the educational institution. (f) (1) A scholarship recipient must execute a contract with the Board of Education agreeing to return to the Virgin Islands not later than 90 days after completion of the course of study. The scholarship recipient shall work in the maritime industry in the Virgin Islands for as many years or portion thereof as the person received the scholarship. The obligation to work in the marine industry in the Virgin Islands must be completed not more than seven years after the recipient has completed the course of study. (2) A scholarship recipient who diligently attempts to gain employment in the Virgin Islands maritime industry for a period of not less than two years without success, may petition the Board of Education for a review of their employment obligation and for a release from the contract. The Board shall evaluate each petition on a case-by-case basis and shall consider the scholarship recipient's efforts and the employment market in the maritime industry at the time the petition is filed. (3) Except as provided in paragraph (2), a scholarship recipient who fails to comply with the requirements in paragraph (1) is liable to the Government of the Virgin Islands for the amount awarded under the scholarship. (g) The Virgin Islands Board of Education shall maintain accurate records of the administration of the scholarship, including the number of applicants, the selection process, and the distribution of scholarship funds. The Board shall submit an annual report to the Governor of the Virgin Islands and the Legislature of the Virgin Islands summarizing the Board's administration the scholarship and detailing the scholarship's outcomes and impact. (h) The Virgin Islands Board of Education shall disseminate information about the scholarship to public and private schools, particularly to high school students; to vocational and alternative schools; to the University of the Virgin Islands; and to other educational or community institutions that serve the youth. The scholarship information, application details, and deadlines must be made readily available on the Board of Education's website, and other appropriate platforms. (i) The Legislature of the Virgin Islands shall appropriate funds for the Virgin Islands Maritime Industry Educational Scholarship to the Virgin Islands Board of Education. The Board shall use the funds appropriated for the Virgin Islands Maritime Industry Educational Scholarship solely for the purposes provided for in this section. History: Added Apr. 11, 2024, No. 8817, § 1, Sess. L. 2024, p. -.

Administration (a) There is hereby established the Richard Nicholas Callwood Scholarship in Police Science and Administration, which scholarship shall be administered by the Virgin Islands Board of Education for the purpose of providing scholarship grants to students pursuing studies in police science and/or police administration. (b) The Board shall adopt rules and regulations governing applications, granting of the scholarships, and for annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall initially be awarded and thereafter renewed. (c) Four scholarship grants under this section shall be awarded per year in an amount of $625 per academic semester or portion thereof which grants may be renewed for a maximum of three additional semesters or portions thereof. (d) Scholarship grants shall be granted pursuant to this section to applicants who are bona fide residents of the Virgin Islands at the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the armed forces of the United States. (e) Any person granted a scholarship under the provisions of this section 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 or portion thereof as the person shall have pursued education and training under such scholarship. History: Added Oct. 20, 1981, No. 4651, § 1, Sess. L. 1981, p. 267.

(a) There is hereby established the Bombardine Scholarship in Music, which scholarship shall be administered by the Virgin Islands Board of Education for the purpose of providing scholarship grants to students pursuing studies in music. (b) Each year, one student from the District of St. Thomas/St. John and one from the District of St. Croix shall be awarded a grant of $1000 each for study during June through August. (c) Applicants shall, at or before the end of June of each year, have had a minimum of one year study of band music, one year of the Bb (Flat) Euphonium (Bombardine), and have a music average within the "B" range. (d) Scholarship grants shall be granted pursuant to this section to applicants who are bona fide residents of the Virgin Islands at the time of the application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the armed forces of the United States. (e) Any person granted a scholarship under the provisions of this section shall be required as a prior condition to declare an interest in the application and perpetuation of the Wallace Style of Euphonium execution in Virgin Island music. (f) A student who has earned an "A" grade at the end of the grant period may be considered for reapplication. History: Added Oct. 20, 1981, No. 4653, § 1, Sess. L. 1981, p. 269.

(a) There is hereby established the Wilhelmina Lewis Memorial Fellowship to be awarded annually to four employees in active service of the Government of the United States Virgin Islands who have received their undergraduate degrees at the University of the Virgin Islands. (b) Of the four recipients chosen, two shall be residents of St. Croix and two shall be residents of St. Thomas-St. John. (c) Recipients of this Fellowship shall have been accepted by an institution of higher learning for the purpose of securing a graduate or professional degree in electrical or civil engineering, architecture, finance, accounting, agriculture or health care. (d) The head of each Executive Department shall nominate one employee annually for the Wilhelmina Lewis Fellowship Award. (e) Recipients of the Fellowship Award shall be selected by an appropriate committee of the Board of Trustees of the University of the Virgin Islands pursuant to rules and regulations established by said board. (f) Each fellowship awarded shall be in the amount of $5,000 per year for a maximum of two years. (g) Each recipient shall pledge that upon completion of their studies they will return to the Virgin Islands and seek employment in the Virgin Islands Government in their field of endeavor. (h) There is authorized to be appropriated during each fiscal year a sum not less than $20,000 nor more than $25,000 for all proper and necessary expenses of the fellowship awarded in accordance with this section. All funds appropriated for the Wilhelmina Lewis Memorial Fellowship shall be appropriated to the University of the Virgin Islands for the purposes of this section. Upon appropriation such funds shall remain available until expended. History: Added Jan. 5, 1982, No. 4661, Sess. L. 1981, p. 284; amended Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

Science, and Computer Science (a) There is hereby established the Amadeo Francis, Sr., Scholarship for the Study of Mathematics, Science, and Computer Science, which scholarship shall be administered by the Virgin Islands Board of Education for the purpose of providing scholarship grants to students pursuing undergraduate or graduate degrees in the fields of mathematics, science and computer science. (b) The Board shall adopt rules and regulations governing applications for and granting of the scholarships and of annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall be initially awarded and thereafter renewed. (c) Scholarship grants under this section may be of varied character according to the needs of the grantee and his educational program, provided that no grant shall exceed the annual sum of $2,500 and that no grant shall be renewed for more than three additional years. The amount of scholarship renewals to the same individual may be increased or decreased as the Board deems necessary and appropriate. (d) Scholarship grants shall be granted pursuant to this section to applicants who are bona fide residents of the Virgin Islands at the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the armed forces of the United States. (e) Any person granted a scholarship under the provisions of this section 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 United States Virgin Islands for as many years or portion thereof as the person shall have pursued education and training under such scholarship. History: Added Feb. 16, 1982, No. 4683, § 1, Sess. L. 1982, p. 39.

Sciences, Animal Husbandry, and Veterinary Science (a) There is hereby established the Walter I.M. Hodge Scholarships for Political Science and Agricultural Sciences which scholarships shall be administered by the Virgin Islands Board of Education, for the purpose of providing scholarship grants to students pursuing undergraduate or graduate degrees in political science, agricultural sciences, animal husbandry, and veterinary science. (b) The Board shall adopt rules and regulations governing applications for and granting of the scholarships and of annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall be initially awarded and thereafter renewed. (c) Scholarship grants under this section may be of varied character according to the needs of the grantee and his educational program, provided that no grant shall exceed the annual sum of $5,000 and that no grant shall be renewed for more than three additional years. The amount of scholarship renewals to the same individual may be increased or decreased as the Board deems necessary and appropriate. (d) Scholarship grants shall be granted pursuant to this section to applicants who are high school graduates and bona fide residents of the Virgin Islands at the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of secondary study or while serving in the armed forces of the United States. (e) Any person granted a scholarship under the provisions of this section 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 United States Virgin Islands for as many years or portion thereof as the person shall have pursued education and training under such scholarship. History: Added Feb. 16, 1982, No. 4684, § 1, Sess. L. 1982, p. 42.

(a) There is hereby established the Virgin Islands Guidance Counselor Scholarship, which scholarship shall be administered by the Virgin Islands Board of Education for the purpose of providing scholarship grants to students pursuing an undergraduate or graduate degree in guidance counseling. (b) The Board shall adopt rules and regulations governing applications for and granting of the scholarship and of annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall be initially awarded and thereafter renewed. (c) Scholarship grants under this section may be of varied character according to the needs of the grantee and his educational program, provided that no grant shall exceed the annual sum of $5,000 and that no grant shall be renewed for more than one additional year. The amount of scholarship renewals to the same individual may be increased or decreased as the Board deems necessary and appropriate. (d) Scholarship grants shall be granted pursuant to this section to applicants who are residents of the Virgin Islands for at least two years prior to the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the armed forces of the United States. (e) Any person granted a scholarship under the provisions of this section 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 United States Virgin Islands for as many years or portion thereof as the person shall have pursued education and training under such scholarship. History: Added Feb. 16, 1982, No. 4685, § 3, Sess. L. 1982, p. 44.

(a) There is hereby established the Virgin Islands National Guard Scholarship Fund to be administered by the Virgin Islands Board of Education for the purpose of providing scholarships to children of members and officers of the National Guard of the Virgin Islands who die or sustain permanent total disability in the line of official duty while on territorial active military duty, federal active duty, or training duty. (b) Scholarships for children of deceased or disabled members and officers of the National Guard of the Virgin Islands shall be for all undergraduate matriculation fees and tuition at the University of the Virgin Islands only for a period not to exceed four years, provided that the recipient otherwise meets the qualifications and admission standards of that institution. (c) For purposes of this section, "children" means persons under the age of twenty-five who were dependent upon a member or officer for support, totally or partially, at the time of the member's or officer's death or injury. (d) The Commissioner of Finance shall be the trustee of the National Guard Scholarship Fund and shall manage the fund in such a manner as to preserve its pecuniary value and shall do all things lawful to increase or preserve the assets of the fund. The Commissioner of Finance shall make such scholarship grants out of the fund as may be authorized by the Virgin Islands Board of Education pursuant to this section. (e) There is authorized to be appropriated annually, out of any available funds in the Treasury of the United States Virgin Islands, a sum not to exceed $15,000 for deposit in the Virgin Islands National Guard Scholarship Fund. History: Added June 15, 1982, No. 4716, § 3, Sess. L. 1982, p. 92; amended Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

(a) There is hereby established the Evadney Petersen Health Scholarship, which scholarship shall be administered by the Virgin Islands Board of Education for the purpose of providing scholarship grants to students pursuing studies in health and health-related fields. (b) The Board shall adopt rules and regulations governing applications, granting of the scholarships, and for annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall initially be awarded and thereafter renewed. (c) One scholarship grant under this section shall be awarded per year to a student from the district of St. Croix, in an amount of $2,500 per academic semester or portion thereof which grant may be renewed for a maximum of seven additional semesters or portions thereof. (d) Scholarship grants shall be granted pursuant to this section to applicants who are bona fide residents of the Virgin Islands at the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the armed forces of the United States. (e) Any person granted a scholarship under the provisions of this section 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 United States Virgin Islands for as many years or portion thereof as the person shall have pursued education and training under such scholarship. History: Added June 25, 1982, No. 4718, § 1, Sess. L. 1982, p. 100; amended Sept. 29, 2023, No. 8770, § 10(a), Sess. L. 2023, p. 132.

and Administration (a) There is hereby established the Mariel Cassandra Newton Scholarship Fund for Police Science and Administration, which scholarship shall be administered by the Virgin Islands Board of Education for the purpose of providing scholarship grants to persons pursuing studies in police science and/or police administration. (b) The Board shall adopt rules and regulations governing applications, granting of the scholarships, and for annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall initially be awarded and thereafter be renewed. (c) Scholarship grants shall be granted pursuant to this section to applicants who are bona fide residents of the Virgin Islands at the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the Armed Forces of the United States. (d) Any person granted a scholarship under the provisions of this section 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 United States Virgin Islands for as many years or portion thereof as the person shall have pursued education and training under such scholarship. History: Added Oct. 22, 1982, No. 4746, § 3, Sess. L. 1982, p. 155.

(a) There is hereby established the School Nurse Practitioner Scholarship, which scholarship shall be administered by the Virgin Islands Board of Education for the purpose of providing scholarship grants to nurses pursuing training in the School Nurse Practitioner Program. (b) The Board shall adopt rules and regulations governing application for and granting of the scholarship and of annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall be initially awarded and thereafter renewed. (c) Scholarship grants under this section may be of varied character according to the needs of the grantee and his or her educational program, provided that no grant shall exceed the annual sum of $4,000 and that no grant shall be renewed for more than one additional year. The amount of scholarship renewals to the same individual may be increased or decreased as the Board deems necessary and appropriate. (d) Scholarship grants shall be granted pursuant to this section to applicants who are residents of the Virgin Islands for at least two years prior to the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the armed forces of the United States. (e) Any person granted a scholarship under the provisions of this section shall be required as a prior condition to such grant to execute a proper contract to the effect that he or she will accept or continue employment with the Government of the United States Virgin Islands for as many years or portion thereof as the person shall have pursued education and training under such scholarship. History: Added June 14, 1983, No. 4836, § 1, Sess. L. 1983, p. 98.

Technical Education Studies (a) There is hereby established the James Albert Petersen, Jr., Scholarship Fund for Career and Technical Education Studies for deserving Virgin Islands students pursuing studies in career and technical education. The Fund shall be administered by the Board of Career and Technical Education. (b) From such sums as may be deposited from time to time in the James Albert Petersen, Jr., Scholarship Fund for Career and Technical Education Studies, the Board for Vocational Education may award full or partial scholarships for career and technical education to such students as it determines are deserving of a scholarship award; provided, however, that every recipient of a scholarship shall enter into a contract with the Board which shall require that upon termination of his studies or training, the student shall work at his acquired skills within the Virgin Islands for a period of time equal to the period during which he received the benefits of the scholarship. (c) There is authorized to be appropriated during each fiscal year such sums as the Legislature may determine for deposit in the James Albert Petersen, Jr., Scholarship Fund for Career and Technical Education Studies. Upon appropriation, the sums shall remain available until expended. History: Added Apr. 13, 1984, No. 4930, § 3, Sess. L. 1984, p. 102; amended Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

(a) There is hereby established the Lew Muckle Scholarship to be awarded annually by the Virgin Islands Board of Education. (b) The Virgin Islands Board of Education shall annually select a recipient of the scholarship established by this section who (1) shall be a bona fide resident of the Virgin Islands, (2) shall be financially unable to pursue further education or career and technical training without assistance, and (3) shall have exhibited ability and aptitude for such further education or training. (c) Scholarships granted pursuant to this section shall not exceed the sum of $3,000 per 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. Each scholarship granted shall be for a period of not more than four years. No scholarship funds shall be released to a scholarship recipient until he has been formally accepted for enrollment at the educational institution of his choice. (d) The Virgin Islands Board of Education may adopt forms to be used by applicants for the Lew Muckle Scholarship, fix a date on which the scholarship is to be awarded annually and adopt such rules and regulations which are not inconsistent with this section for carrying into effect the provisions of this section. History: Added July 24, 1984, No. 4975, § 2, Sess. L. 1984, p. 213; amended Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

(a) There is hereby established the Terence A. Todman Scholarship Fund for International Affairs, which scholarship shall be awarded annually to two Virgin Islanders who plan to pursue a Bachelor's Degree in International Relations or a graduate degree in international relations. (b) The Terence A. Todman Scholarship Fund for International Affairs shall be administered by the Virgin Islands Board of Education. The Board shall adopt rules and regulations governing the granting of the scholarship, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall initially be awarded and thereafter be renewed. (c) Each scholarship awarded shall be in the amount of $5,000 per year for a maximum of two years, with said sum to be applied to the payment of tuition, academic fees, book purchases, and living expenses. (d) Scholarships shall be granted pursuant to this section to applicants who are bona fide residents of the Virgin Islands at the time of the application, notwithstanding that they may have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the armed forces of the United States. History: Added Oct. 17, 1984, No. 5007, § 1, Sess. L. 1984, p. 336; amended July 4, 2008, No. 7009, § 14, Sess. L. 2008, p. 157.

(a) There are hereby established the Valedictorian and Salutatorian Awards which shall be administered by the Board of Education and awarded each year to the valedictorian and salutatorian of each high school and Adult Education Program in the Virgin Islands who has been accepted and enrolled at an accredited college, university, or trade school. Such awards shall be $3,000 for the valedictorian and $2,000 for the salutatorian. (b) A perma plaque resolution shall be prepared and presented by the President of the Legislature at an appropriate ceremony to each valedictorian and salutatorian annually during the last two weeks of June, which resolution shall contain a brief biography of the graduate and his or her educational accomplishment. (c) Deleted. (d) Whenever the Valedictorian and Salutatorian Awards funding is insufficient to carry out the purpose of subsection (a), the Board of Education may use any excess funds in the Territorial Scholarship Fund established in section 171 of this chapter. History: Added July 8, 1988, No. 5351, Sess. L. 1988, p. 182; amended July 30, 1998, No. 6246, § 9, Sess. L. 1998, p. 392; amended Sept. 25, 2020, No. 8388, § 1(a)(1), (2), (b), Sess. L. 2020, p. 226, 227; amended Sept. 29, 2023, No. 8770, § 10(b), Sess. L. 2023, p. 132.

(a) There is hereby established the Gene Edmund Cerge Scholarship, which scholarship shall be awarded to outstanding athletes, who plan to pursue a career in physical education, recreation or any other sports related field. (b) The Gene Edmund Cerge Scholarship shall be administered by the Virgin Islands Board of Education. The Board shall adopt rules and regulations governing the granting of the scholarship, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall initially be awarded and thereafter be renewed. (c) The Virgin Islands Board of Education may adopt forms to be used by applicants for the Gene Edmund Cerge Scholarship Fund and fix a date on which the scholarship is to be awarded annually. (d) Each scholarship awarded shall be in the amount of $1000 per year with said sum to be applied to the payment of tuition, academic fees, book purchases, and living expenses. (e) There is authorized to be appropriated during each fiscal year such sums as the Legislature may determine for deposit in the Gene Edmund Cerge Athletic Scholarship Fund. Upon appropriation, the sums shall remain available until expended. History: Added Oct. 21, 1988, No. 5370, § 1, Sess. L. 1988, p. 261.

Education (a) There is hereby established the Dr. Wilburn A. Smith, Jr. Scholarship Fund for Teacher Education, which scholarship shall be administered by the Virgin Islands Joint Boards of Education for the purpose of providing scholarship grants to persons pursuing studies in either elementary education, secondary education, or career and technical education. (b) The Board shall adopt rules and regulations governing applications, granting of the scholarships, and for annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall initially be awarded and thereafter be renewed. (c) Scholarship grants shall be granted pursuant to this section to applicants who are bona fide residents of the Virgin Islands at the time of application notwithstanding that they might have been living outside of the Virgin Islands temporarily while pursuing a course of study or while serving in the Armed Forces of the United States. (d) Any person granted a scholarship under the provisions of this section 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 United States Virgin Islands for as many years or portion thereof as the person shall have pursued education and training under such scholarship. History: Added Nov. 7, 1988, No. 5377, § 1, Sess. L. 1988, p. 270; amended Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

(a) There is hereby established the Caroline Felicia Adams Aviation Scholarship to be awarded annually to one Virgin Islands high school graduate or person who graduated from high school or an equivalency program, and who is (1) planning to attend college and pursue a degree in the aviation field; or (2) planning to pursue technical training and certification in the aviation field. (b) The Caroline Felicia Adams Aviation Scholarship shall be administered by the Virgin Islands Board of Education. Applicants for said scholarship shall apply to the Board of Education pursuant to rules and regulations established by the Board. The Board upon review of all applicants shall select the recipient of the scholarship. (c) The Caroline Felicia Adams Aviation Scholarship shall be for eight (8) semesters at $5,000 per semester. (d) All funds appropriated for the Caroline Felicia Adams Aviation Scholarship shall be appropriated to the Board of Education and administered by the Board of Education for the purposes of this section. History: Added Nov. 9, 1992, No. 5823, § 2, Sess. L. 1992, p. 169; amended Jan. 19, 2023, No. 8690, § 7(a) (1)-(3), (b), Sess. L. 2022, p. 448.

(a) There is hereby established, The Kenneth Harrigan Scholarship for teacher education to be awarded annually to a minimum of two male graduates from a high school in the Virgin Islands who plan to attend college and pursue a degree in early childhood, elementary or secondary education in any curriculum area (other than physical education) which meets the academic requirements for teacher certification in the Virgin Islands. (b) The Kenneth Harrigan Scholarship shall be administered by the Virgin Islands Board of Education pursuant to rules and regulations established by the board. The board, upon review of all applicants, shall select the recipients of the scholarship. (c) Each year, one male student from the district of St. Thomas-St. John and one from the district of St. Croix shall be awarded $3,500 per semester for eight (8) semesters. (d) Any person granted a scholarship under the provisions of this section shall be required, as a prior condition to such grant, to execute a proper contract to the effect that he will accept employment with the Government of the United States Virgin Islands for as many years or portion thereof as the person shall have pursued education and training under such scholarship. (e) Notwithstanding any other provision of law, for the 1996-97 school year, the Board of Education shall utilize monies to fund the scholarship established in subsection (a) hereof, out of those funds which the board currently utilizes for general scholarship for undergraduate study. (f) There is authorized to be appropriated during each fiscal year such sums as the Legislature may determine for deposit in the Kenneth Harrigan Scholarship. Upon appropriation, the sums shall remain available until expended. History: Added June 18, 1996, No. 6107, § 1, Sess. L. 1996, p. 46.

(a) There is hereby established the Ruth E. Thomas Scholarship Fund for Teacher Education, which scholarship shall be administered by the Virgin Islands Joint Boards of Education for the purpose of providing scholarship grants to persons pursuing graduate studies in elementary or secondary education. (b) The Board shall adopt rules and regulations governing applications, granting of the scholarships, and for annual renewals of said scholarship grants, the purpose of which shall be the establishment of minimum performance standards upon which the scholarship grant shall initially be awarded and thereafter be renewed. (c) Each scholarship awarded shall be in the amount of $5,000 per year for a maximum of two years, with said sum to be applied to the payment of tuition, academic fees, book purchases, and living expenses. (d) Scholarship grants shall be granted pursuant to this section to applicants who are bona fide residents of the Virgin Islands and who have taught within the public, private or parochial school system for a minimum of five years. (e) Any person granted a scholarship under the provisions of this section 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, or any licensed private or parochial school for as many years or portion thereof as the person shall have pursued education and training under such scholarship. History: Added Mar. 2, 1998, No. 6206, § 1, Sess. L. 1998, p. 188.

(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. However, 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.

Display (a) 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 conspicuous place in school, as evidence of compliance with the requirements of the compulsory school attendance provisions of this title, and all other applicable provisions of law. (b) The Commissioner of Education shall not issue a certificate of accreditation pursuant to subsection (a) of this section until and unless the Commissioner has conducted a qualitative review and assessment of, and has approved of, each program or course of study offered by the school, institution, or other such educational facility, and the Commissioner has determined, based upon information submitted to him, all of the following: (1) the school has facilities, financial resources, administrative capabilities, faculty, and other necessary educational expertise and resources to afford students, and require of students, the completion of a program of education that will prepare them for the educational objective the school professes to offer, including but not limited to, a degree, a certificate of graduation, a professional or technological career, or preparation for continued education at other educational institutions; and (2) the curriculum is consistent in quality with curricula offered by similar public schools in the Virgin Islands; and (3) the course or program offered achieves the professed claims and academic objectives of the school with verifiable evidence of this achievement. (c) The Commissioner of Education may recognize a certificate of accreditation from recognized regional accrediting agencies (i.e. Middle States Association of Colleges and Schools) in lieu of conducting his/her own accrediting procedure, and participating schools would be required to submit to the Commissioner, required updating documents outlined by the accrediting agency. History: Amended Oct. 8, 1992, No. 5816, § 209(a), Sess. L. 1992, p. 147.

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 resolution adopted at a regular meeting revoke the certificate of accreditation. History: Amended Oct. 8, 1992, No. 5816, § 209(b), Sess. L. 1992, p. 148.

(a) It is the policy of the Government of the United States Virgin Islands to encourage the establishment of nonpublic schools within the Territory when such schools will enhance the educational opportunities of students; provided, that such schools meet baseline requirements for safety, health, general welfare, financial responsibility, and scholastic standards. No nonpublic school shall operate in the Territory of the Virgin Islands which has not first obtained a certificate of operation as provided in this section. It is recognized that the criteria for operation of a nonpublic school need not be as high as those criteria which qualify a school for a certificate of accreditation. (b) Except as provided in section 262 of this title, the Virgin Islands Department of Education shall receive and review all applications to operate nonpublic schools within the Territory of the Virgin Islands. The Department shall issue a certificate of operation upon finding that the applicant satisfies the rules and regulations promulgated by the Board that all of the following will be met: (1) the quality and content of the educational courses proposed are sufficient to reasonably and adequately achieve the stated objective for which the courses are offered, even though the standard achieved may not be high enough to qualify for accreditation; (2) the school has adequate space, equipment, instructional material and instruction personnel to provide training of the quality needed to attain the objectives of the courses offered; (3) the actual enrollment does not exceed that number which the faculty, facilities, and equipment can reasonably handle; (4) the instructors hold credentials of specific competence to teach in the courses offered, and their character and academic experience is professional and exemplary; (5) the administrators, owners, and directors are of good and moral reputation and demonstrate professional character; (6) the school complies with all local and federal regulations such as fire, building and sanitation codes; (7) the school maintains written records of students' previous education and training with appropriate recognition where applicable; (8) the school maintains adequate records to show student attendance, progress, and grades; (9) the school is financially stable with sufficient resources to refund tuition, fees, and other charges when reasonably requested in a timely manner; and (10) a written copy of the course outline, schedule of tuition, fees, and charges, regulations pertaining to tardiness, absence, grading, rules of operation and conduct are given to students upon enrollment. (c) Each school issued a Certificate of Operation by the Board of Education shall also file its articles of incorporation as required by Title 13, chapter 1 or chapter 3, Virgin Islands Code, for profit or nonprofit corporations, respectively. Each school is required to obtain federal tax exempt status prior to acquiring a Certificate of Operation. (d) Once a school has filed its articles of incorporation, it shall obtain a business license from the Department of Licensing and Consumer Affairs as required by Title 27, section 302, Virgin Islands Code. (e) If, at any time, the Commissioner of Education determines that a school holding a certificate of operation has significantly deviated from the standards and assurances required under subsection (b) of this section by which the certification of operation was awarded, the Commissioner may place the school on probation for a specific period of time. During the period of probation, the school shall be subject to special scrutiny by the Commissioner. If, after specifying the deficiencies and allowing reasonable time for the school to comply with requirements of operation, the Commissioner finds the school is still deficient, the Commissioner may revoke, upon the approval of the Board, the certificate of operation, or continue the probationary period, or declare the school in compliance with the criteria for operation. However, the school or institution may appeal the decision of the Commissioner to the Board within 30 working days. (f) The Board of Education shall make a decision on the appeal within 60 days of the filing of the appeal. If the Board of Education revokes a school's Certificate of Operation, it shall inform the Department of Licensing and Consumer Affairs that the school is no longer sanctioned to operate in the United States Virgin Islands. History: Added Oct. 8, 1992, No. 5816, § 207, Sess. L. 1992, p. 145; amended July 19, 2013, No. 7495, § 1, Sess. L. 2013, p. 30.

(a) A private, degree granting post-secondary education institution may not operate in the Virgin Islands, unless it has been accredited by an accrediting association recognized by the United States Department of Education. (b) Agents of any degree granting post-secondary education institution that has not been accredited by an accrediting association recognized by the United States Department of Education may not solicit resident students. (c) Unless a private, degree granting post-secondary education institution is accredited as provided in subsection (a), no official or employee of the Virgin Islands Department of Education or the University of the Virgin Islands or any school district of the territory may: (1) permit the institution, or proprietor or agent of the institution, to solicit business in or from any public school within the Virgin Islands; or (2) provide any list of students or list of prospective students to the institution, or proprietor, or agent of the institution. History: Added Dec. 22, 2007, No. 6979, § 1, Sess. L. 2007, p. 216.

(a) Any person violating this chapter is guilty of a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment not to exceed six months, or both, such fine and imprisonment. (b) Each violation of this chapter constitutes a separate offense. (c) Any person violating this chapter may also be enjoined from the continuation of the violation by proceedings brought by the Attorney General, any school official or any aggrieved citizen, regardless of whether criminal proceedings have been instituted. History: Added Dec. 22, 2007, No. 6979, § 1, Sess. L. 2007, p. 216.

As used in this chapter the term, "public institution of higher education", means a Government-owned or operated, graduate or undergraduate university, college, junior college, technical and vocational institute or similar institution, and a nonprofit institution that is supported by government funding in whole or in part authorized to provide in the Virgin Islands a program of education beyond the high school level which is accredited by the Middle States Association of Colleges and Schools or other appropriate accrediting organization recognized by the Secretary of the United States Department of Education. History: Added July 19, 2013, No. 7490, § 1, Sess. L. 2013, p. 23.

All public institutions of higher education shall adopt for implementation beginning in the 2014-2015 academic year a program consistent with the policies, standards, and requirements prescribed for the University of the Virgin Islands in section 456(d) of this title for granting academic credit to students for prior learning which recognizes knowledge, skills and competencies acquired through formal and informal education outside the traditional academic environment when the acquired knowledge, skills and competencies demonstrate college-level learning and align with the institution's course competencies. History: Added July 19, 2013, No. 7490, § 1, Sess. L. 2013, p. 23.

The Commissioner of Education shall, under the general supervision and direction of the Governor, establish kindergarten schools on the Island of St. Croix.

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: Repealed. June 10, 1959, No. 455, § 1, Sess. L. 1959, p. 63.

(a) The Department of Education "Department" shall establish a Territorial-wide pre-kindergarten program for four-year olds. (b) The purpose of the preschool program is to provide greater opportunity for young children in the Virgin Islands to enter school ready to learn by expanding access to quality preschool curricula for all children who are four years old. (c) The pre-kindergarten program is voluntary, and not compulsory under section 82 of this title. History: Added Mar. 7, 2012, No. 7343, § 1, Sess. L. 2012, pp. 8-9.

(a) The curriculum for the program must comprehensively address the total developmental needs of the child, including physical, cognitive, social and emotional needs, must help children develop their interpersonal and socialization skills and must include aspects of health care, nutrition, safety, the needs of the family and multicultural sensitivity, in coordination with other resources for families. (b) The pre-kindergarten program mandated in section 231 program must have a strong parental involvement component, a staff development component and a procedural process to enable the Department to monitor and evaluate the program. (c) The Department shall, in addition to the requirements, set forth in subsections (a) and (b) provide for the following in establishing the program: (1) Screening for physical health problems that have the potential to inhibit school success; (2) Screening for learning disabilities; (3) Screening for other family and other social environmental problems that have the potential to inhibit school success. History: Added Mar. 7, 2012, No. 7343, § 1, Sess. L. 2012, pp. 8-9.

(a) The Commissioner of Education, shall adopt rules establishing the eligibility criteria, program standards and procedures for the administration of the program. (b) The rules must at a minimum prescribe: (1) Maximum and minimum teacher-to-child ratios and class sizes; (2) Applicable Territorial and federal program standards to be incorporated into the program; (3) Criteria for selection of students; (4) Student learning standards; (5) Parental involvement in the program; (6) The days of the week and hours of the day during which the program operates; (7) The coordination of the program with existing medical, health and social services, including a child development and health screening component; (8) Provisions for participants to receive breakfast or lunch; (9) The coordination of program philosophy and activities with the Territory's elementary school program; (10) The implementation of an evaluation component; (11) The collaboration with participating families, early care providers, community licensed child care centers, private pre-school programs and other agencies and community organizations that provide services to young children and their families; and (12) Consistency with the provisions of the Virgin Islands Early Learning Guidelines and the rules and regulations for child care facilities promulgated by the Office of Child Care and Regulatory Services. (c) The Virgin Islands Board of Education shall approve or disapprove, subject to the final approval of the Governor, the rules and regulations proposed by the Commissioner of Education, under this section. History: Added Mar. 7, 2012, No. 7343, § 1, Sess. L. 2012, pp. 8-9.

The Department of Education shall track the progress of students served by each pre-kindergarten program in connection with the students' performance in elementary and secondary education. History: Added Mar. 7, 2012, No. 7343, § 1, Sess. L. 2012, pp. 8-9.

(a) It is the purpose of this chapter to expand educational opportunities and encourage the establishment of programs of adult public education that will enable all adults to continue their education to at least the level of completion of secondary school and make available the means to secure training that will enable them to become more employable, productive, and responsible citizens. (b) The Commissioner of Education is authorized and directed to develop and conduct adult education programs to carry out the purposes of this chapter in full compliance with federal requirements for funding of such programs under Title 20, Chapter 30, United States Code, or any future amendments thereto. (c) The Virgin Islands Department of Education is designated the "State education agency" as that term is used within the meaning of Title 20, Chapter 30, United States Code, or any other applicable federal law. (d) The Commissioner shall develop and execute a "State plan" for adult education as required by 20 U.S.C. § 1205 . Such plan shall include, but not be limited to, the following: (1) compliance with all federal requirements for funding of adult education programs; (2) coordination of adult education programs with other public and private nonprofit adult education- related services such as vocational training, Community Action programs, on-the-job training programs, anti-poverty efforts, reading instruction courses, high school equivalency programs, and similar activities which the Commissioner determines are related to adult basic education; (3) coordination with a wide variety of agencies, businesses and industries to allow adult education programs to receive funds from such entities for the purpose of establishing workplace literacy projects and other partnerships; and (4) the opportunity to take, as a part of the curriculum, an adult course in Virgin Islands culture and history. History: Added Oct. 8, 1992, No. 5816, § 203(b), Sess. L. 1992, p. 141.

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.

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 provisions of this chapter.

(a) There is hereby created and established as a separate and distinct fund within the Treasury of the Virgin Islands a special fund to be designated and known as the "Adult Education Fund". No funds shall be available for expenditure from the Adult Education Fund except as provided herein. (b) All tuition fees paid by students attending evening courses offered pursuant to this chapter shall be deposited in the Adult Education Fund. (c) The Commissioner of Finance shall disburse monies from the Adult Education Fund exclusively for use by the adult education program established by and conducted pursuant to sections 241 and 242 of this chapter, and only upon the authorization of the Commissioner of Education. History: Added Mar. 11, 1976, No. 3786, Sess. L. 1976, p. 11.

(a) (1) There is established the Adult Education Diploma Scholarship Fund within the Department of Education which shall be available exclusively to students enrolled in the Adult Education Program. (2) The scholarship shall be awarded on a semester basis to residents of the Virgin Islands who are enrolled in the Adult Education Program and who achieve and maintain a grade average of 80 or better for each semester. (3) Students shall be eligible for the scholarship after the completion of the first year provided they have attained an average of 80 or better for that year. (4) The scholarships shall be awarded at the end of each semester and shall be awarded in an amount equal to the registration and tuition fees paid at the beginning of the semester. (5) There is authorized to be appropriated from the General Fund of the Treasury of the United States Virgin Islands during each fiscal year, a sum of $31,000 to be deposited into the Adult Education Diploma Scholarship Fund. (6) All funds appropriated for the Adult Education Diploma Scholarship Fund shall be administered by the Commissioner of Education for the purposes of this section. Upon appropriation, the funds shall remain available until expended. (b) The Board of Education may award scholarship loans and grants to graduates of the Virgin Islands Adult Education Program who are enrolled as students with a minimum of six credits at the University of the Virgin Islands. The Board shall determine the amount of the awards and shall establish eligibility requirements for applicants. History: Added Oct. 21, 1988, No. 5368, § 1, Sess. L. 1988, p. 255; amended Oct. 8, 1992, No. 5816, § 208, Sess. L. 1992, p. 147.

(a) There is hereby created the Virgin Islands Coalition for the Advancement of Adult Education. The Coalition shall consist of the memberships of its two committees, one committee for the District of St. Croix and one committee for the District of St. Thomas/St. John. Each of the committees shall have the Commissioner of Education, or his designee, as a member, a member of the Board of Education for that District, and nine other members, who are residents of their respective committee districts, as follows: the Superintendent of Schools; a member of the Legislature; a current recipient of adult education services; a business person; a representative from the Educational Administrator's Association; a representative from the American Federation of Teachers Union; a representative from the Department of Labor; a representative of community organizations that promote commerce and industry; and an employee of the Virgin Islands Government knowledgeable in vocational training. (b) Coalition members, except the members of the Legislature, shall be appointed by the Governor for two- year terms and may be reappointed. The legislative members of the Coalition shall be appointed by the President of the Legislature. Each committee shall elect from its membership, a chairman. The committees may meet separately from each other and conduct the work for the Coalition for their respective districts. Each committee shall determine the time, place, and frequency of its meetings; provided, however, not less than once each year the committees shall meet jointly to coordinate and evaluate their work for the Territory as a whole. For the purpose of its joint meetings, the Coalition shall elect a chairman of the joint committees of the Coalition. Funds for the operation of the Coalition shall be appropriated annually. (c) The Coalition, through its committees shall: (1) advise the Commissioner of Education on the development of, and policy matters arising in, the administration of the state plan for adult education; (2) assist in the optimum advancement of students entering adult education programs; (3) advise the Commissioner of Education with respect to long-range planning and studies to evaluate adult education programs, services, and activities under this chapter; and (4) be particularly cognizant of literacy needs and placement of adult education graduates in jobs within the community. (d) Not less than once each year, each Committee shall conduct a public meeting at which the public is given the opportunity to express views concerning adult education. (e) The Commissioner of Education shall provide the Coalition and its committees with professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this section. Such personnel shall be provided from employees of the Department of Education. History: Added Oct. 8, 1992, No. 5816, § 203(c), Sess. L. 1992, p. 142.

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 career and technical education in the several States and Territories," and any act or acts amendatory thereof or supplementary thereto. History: Amended Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

(a) The Virgin Islands Board for Career and Technical Education shall be the sole agency for the administration of the career and technical 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 administration of all Acts of Congress relating to career and technical education, provide for the certification of private schools and programs in the field of career and technical education and administer all provisions of this Code relating thereto, as well as any other legislation pursuant thereto enacted by the Legislature; (2) approve plans for cooperating with the Federal Government in carrying out any and all phases of the career and technical education program 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 career and technical education in qualifications for teachers and supervisors of such subjects, and, distributive education; (4) approve plans for the promotion of career and technical 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 f99 of Title 3per administration in the Virgin Islands of the provisions of this subchapter and of any Federal Acts relating to career and technical education, and of other expenses of administration of such career and technical education programs, from funds appropriated for these purposes; (6) provide for the making of studies and investigations relating to career and technical 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 certification, selection, determination of salaries, and appointment of such teachers and supervisors; (8) establish and determine by general regulations the qualifications to be possessed by persons engaged in the training of career and technical 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; (10) prepare and issue rules and regulations necessary for the proper administration of this subchapter; and (11) prepare an annual budget pursuant to 2 V.I.C. § 23 for the Board's operation; and (12) make an annual report to the Legislature. (b) The Board for Career and Technical Education shall promote, maintain and aid in the establishment of schools, departments, or classes which provide pathways to career readiness for public school students in the ninth through twelfth grades. The Board and the Department of Education shall collaborate with the University of the Virgin Islands through its Center for Excellence in Leadership and Learning when necessary to further develop a sustainable career and technical program for public high school students who have selected a vocational career path. (c) The career and technical program must consist of a classroom component where students will accrue instructional hours, an interactive component where each student will be paired with a professional mentor in their chosen career path, and a certification component. (1) At a minimum, student participants must receive an entry level certification or the equivalent thereof in the students' respective fields, after successfully completing the dual component program. (2) If the physical classroom component of the program is unavailable at any time, a comparable classroom component must be substituted and may be, but is not limited to, online education hours. (d) The Department of Education shall use available federal and local resources to support the University of the Virgin Islands' classroom certification component. The Department of Education shall work with the Department of Labor to provide job placement for student participants who complete the program. (e) Any business that partners with the Department of Education to train students shall receive a non- refundable Gross Receipts tax credit in the amount of $500 for each student who completes the training program. The credit must be taken for the calendar year in which a student is trained and may not exceed $2,500. To be eligible for the non-refundable tax credit, the business partner must receive from the Department of Education documentation confirming partnership and the number of students the business partner has trained. (f) EDC beneficiaries who partner with the Department of Education to train students may not benefit from the tax credit stated in subsection (e). Instead, every student that is trained must be counted towards a beneficiary's education assistance, pursuant to Title 29 V.I.C. section 708(a). (g) The Board for Career and Technical Education, in consultation with the Department of Education and the University of the Virgin Islands, is responsible for promulgating the rules of the program prior to the initial implementation date in order to achieve a timely and efficient implementation process. The Board and the Department of Education shall notify all public high schools in the territory about any updates to the rules which occur after implementation. (h) Notwithstanding any other law to the contrary, the Board shall receive from the Department of Labor and the Workforce Development Board relevant data at least every five years, to determine needed career pathways based on the job market in the territory and shall provide the Department of Education's State Office of Career and Technical Education with updates on colleges and career pathways that target the Virgin Islands economy. (i) The Board for Career and Technical Education and the Board of Education shall work together to ensure that academic requirements and academic credits do not prevent any student from receiving a certificate in any career and technical education pathway. History: Amended May 16, 1957, No. 160, § 40, Sess. L. 1957, p. 32; Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354; amended July 19, 2013, No. 7495, § 2, Sess. L. 2013, p. 30; amended Dec. 31, 2014, No. 7710, § 10(a)-(c), Sess. L. 2014, p. 392, 393; amended Oct. 26, 2020, No. 8374, § 1(a), (b), Sess. L. 2020, p. 181.

(a) There is hereby created and established as a separate and distinct fund within the Treasury of the Virgin Islands a special fund to be designated and known as the "Vocational-Technical Education Training Fund". No funds shall be available for expenditure from the Vocational-Technical Education Training Fund except as provided herein. (b) All funds received under Acts of Congress and apportioned for career and technical education in the public schools and all monies appropriated pursuant to this subchapter shall be deposited in the Career- Technical Education Training Fund. (c) All tuition fees paid by students attending career and technical programs created pursuant to this title shall be deposited in the Vocational-Technical Education Training Fund. (d) The Commissioner of Finance shall disburse monies from the Career-Technical Education Fund exclusively for the use by the career and technical educational programs established by and conducted pursuant to this title, and only upon the authorization of the Commissioner of Education. History: Amended May 16, 1957, No. 160, § 41, Sess. L. 1957, p. 32; May 24, 1983, No. 4808, § 1, Sess. L. 1983, p. 57; Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

Programs In order to continue to participate in programs under the Manpower Development and Training Act of 1962 ( 42 U.S.C. 2571-2620 ), the Department of Education and Virgin Islands Employment Security Agency are each authorized to administer manpower development and training programs and to pay training allowances, to execute on behalf of the Virgin Islands agreements or contracts with the appropriate Federal agencies containing such provisions as may be necessary or desirable to enable the Virgin Islands to participate in such programs, to expend all funds made available for the purpose of such programs by the Virgin Islands or local subdivisions thereof or by the Federal government, to supervise the expenditure of such funds and conduct of such programs by other public and private agencies in the Virgin Islands, and to make such reports and certifications as are called for, and otherwise to cooperate with the Federal government and its departments and agencies, in the administration of such programs. History: Added Mar. 24, 1965, No. 1383, Sess. L. 1965, Pt. I, p. 118.

Education (a) There is established a Virgin Islands Advisory Council for Career and Technical Education, hereinafter referred to in this chapter as the "Council", which shall be established as an independent agency of the Government of the United States Virgin Islands. (b) The Council shall consist of no less than 21 members to be appointed by the Governor for terms of three years, except that of the members first appointed, one-third shall be appointed for terms of one year and one-third shall be appointed for terms of two years, to be determined by the Governor. (c) The expiration date of a member's term on the Council shall be specified in his appointment. Appointments to fill unexpired terms on the Council in the case of vacancies shall be made by the Governor and shall be for the unexpired term only. (d) A majority of the Council membership shall be comprised of persons who are neither educators nor educational administrators and shall include one or more individuals who: (1) represent and are familiar with the career and technical needs and problems of management in the Territory; (2) represent and are familiar with the career and technical needs and problems of labor in the Territory; (3) represent and are familiar with the career and technical needs and problems of agriculture in the Territory; (4) represent territorial industrial and economic development agencies; (5) represent community and junior colleges; (6) represent other institutions of higher education, area career and technical schools, technical institutes, and post secondary agencies or institutions which provide programs for career and technical or technical education and training; (7) have special knowledge, experience or qualifications with respect to career and technical education but are not involved in the administration of career and technical education programs; (8) represent and are familiar with public programs of career and technical education in comprehensive secondary schools; (9) represent and are familiar with non-profit private schools; (10) represent and are familiar with career and technical guidance and counseling services; (11) represent territorial correctional institutions; (12) are career and technical education teachers presently teaching in local educational institutions; (13) are currently serving as superintendents or other administrators of local educational agencies; (14) are currently serving on school boards of public or private educational institutions or agencies; (15) represent the State Manpower Services Council established pursuant to Section 107 of the Federal Comprehensive Employment and Training Act of 1973, or amendments thereto; (16) represent school systems with large concentrations of persons who have special academic, social, economic and cultural needs and of persons who have limited English-speaking ability; (17) are women with backgrounds and experience in employment and training programs, and who are knowledgeable with respect to the special experiences and problems of sex discrimination in job training and employment and of sex stereotyping in career and technical education, including women who are members of minority groups and who have, in addition to such backgrounds and experience, special knowledge of problems of discrimination in job training and employment against women who are in such groups; (18) have special knowledge, experience or qualifications with respect to the special education needs of physically or mentally handicapped persons; (19) represent the general public, including a person or persons representing and knowledgeable about the poor and disadvantaged; and (20) are career and technical education students who are not qualified for membership under any of the preceding paragraphs of this subsection. (e) Members of the Council may not represent more than one of the above specified categories. Consideration shall be given in membership appointments to insure that there is appropriate representation of both sexes, racial and ethnic minorities, and the three islands of the Territory. (f) The Governor shall certify to the United States Commissioner of Education the establishment of, and membership of, the Council not less than ninety days prior to the beginning of the Federal fiscal year. (g) For the purposes of securing the fullest implementation in the Virgin Islands of the Federal Act (defined hereinbelow), the Council shall do all that is or may be required to secure for the Virgin Islands the benefits of appropriations pursuant to such Act. As used in this subchapter, the term "Federal Act" means the Education Amendments of 1976 (Pub. L. 94-482) or any Act amendatory thereto. History: Added Sept. 4, 1973, No. 3471, § 1, Sess. L. 1973, p. 236; amended Sept. 6, 1978, No. 4199, § 1, Sess. L. 1978, p. 217; Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

(a) The duties and responsibilities of the Council shall include but not necessarily be limited to: (1) advising the Board of Vocational Education in the development of the five-year State Plan for Vocational-Technical Education and in the development of the Annual Program Plan and Accountability Report for Vocational-Technical Education, both of which plans are required under the Federal Act; (2) designating a member of the Council to Federal Act in the formulation of the five-year State Plan for Vocational-Technical Education; (3) evaluating career and technical education programs, services and activities assisted under the Federal Act and publishing and distributing the reFederal Acthereof; (4) after consultation with the State Manpower Services Council; (A) identifying the career and technical education and employment needs of the Territory; and (B) assessing the extent to which career and technical education, employment training, career and technical rehabilitation, and other programs assisted by the Federal Act represent a consistent, Federal Actand coordinated approach to meeting those needs; (5) advising the Board of Vocational Education on policy matters arising out of the administration of programs addressed in the aforementioned five-year State Plan and Annual Program Plan and Accountability Report; (6) providing technical assistance requested on the establishment and operation of local advisory councils of the Virgin Islands Department of Education; (7) preparing and submitting to the United States Commissioner of Education and National Advisory Council on Vocational Education, through the Virgin Islands Board of Career and Technical Education, an annual report that evaluates the effectiveness of career and technical education programs, services and activities under the five-year State Plan and accountability report and that recommends any changes in programs, services and activities considered necessary; and (8) commenting at least annually on the report of the State Manpower Services Council. (b) The Council shall meet within thirty days after certification has been accepted by the United States Commissioner of Education, and shall select from among its membership The Council shall establish rules providing for the time, place and manner of meetings and the general operation of the Council. Such rules shall provide for not less than one public meeting each year at which the public is given an opportunity to express views concerning the career and technical education program of the Territory. (c) The Council shall be solely responsible for: (1) the expenditure of Council funds, provided, however, that the Council shall designate an appropriate governmental agency to serve as its fiscal agent for purposes of disbursement, accounting and auditing; (2) the authorization of all travel, whether local or outside of the Virgin Islands, that is required for carrying out its functions; (3) the purchase and disposal of its equipment and other property; and (4) the hiring of professional, technical and clerical personnel to carry out its functions under this subchapter. History: Added Sept. 4, 1973, No. 3471, § 1, Sess. L. 1973, p. 237; amended Sept. 6, 1978, No. 4199, § 1, Sess. L. 1978, p. 217; Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

Funds necessary to accomplish the mandates of the Federal Act shall be provided from Federal and/or territorial sources through appropriation. Members, employees and other authorized persons shall be entitled to reimbursement of all reasonable and necessary expenses incurred while attending to the official business of the Council. Such reimbursement will be according to the rules of the Council. History: Added Sept. 4, 1973, No. 3471, § 1, Sess. L. 1973, p. 238; amended Sept. 6, 1978, No. 4199, § 1, Sess. L. 1978, p. 217.

History: Repealed. Nov. 19, 1969, No. 2598, § 1(a), Sess. L. 1969, p. 404.

It is the policy of this Territory to provide, as an integral part of the free public education, special education sufficient to meet the needs and maximize the capabilities of children with disabilities. The timely implementation of this policy to the end that all children with disabilities actually receive the special education necessary to their proper development in as normalized a setting as possible is declared to be an integral part of the policy of this Territory. This section applies to all children with disabilities regardless of the schools, institutions, or programs by which such children are served. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, §§ 1, 3, Sess. L. 2012, pp. 57-63.

For the purposes of this chapter, the terms "Intellectually Disabled" or "Intellectual Disability" shall have the same meaning as the terms "Mentally Retarded" or "Mental Retardation" as found in Title 34 of the Code of Federal Regulations. History: Added May 14, 2012, No. 7355, § 2, Sess. L. 2012, p. 58.

(a) (1) "Child with a disability" means a child evaluated in accordance with § 287 of this chapter and 34 CFR §§300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, referred to in this chapter as "emotional disturbance", an orthopedic impairment, autism, traumatic brain injury, any other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. (A) The terms used in this definition of "a child with a disability" are defined as follows: (i) "Autism" means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. (1) The term "autism" does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraphparagraph (a)(1)(A)(iv)section. (2) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraphparagraph (a)(1)(A)(i)section are satisfied. (ii) "Deaf-blindness" means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. (iii) "Deafness" means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance. (iv) "Emotional Disturbance" means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance. Symptoms include: (A) An inability to learn that cannot be explained by intellectual, sensory, or health factors. (B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. (C) Inappropriate types of behavior or feelings under normal circumstances. (D) A general pervasive mood of unhappiness or depression. (E) A tendency to develop physical symptoms or fears associated with personal or school problems. (v) "Emotional disturbance" includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance as defined in this section. (vi) "Hearing Impairment" means impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness in this section. (vii) "Intellectual Disability" means significantly sub average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child's educational performance. (viii) "Multiple disabilities" means concomitant impairments (such as mental retardation- blindness or mental retardation-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities do not include deaf- blindness. (ix) "Orthopedic impairment" means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by diseases such as poliomyelitis, bone tuberculosis, and impairments from other causes such as cerebral palsy, amputations, and fractures or burns that cause contractures. (x) "Other health impairment" means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that- (A) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and (B) Adversely affects a child's educational performance. (xi) (A) "Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. (B) The term "specific learning disability" does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage. (xii) "Speech or language impairment" means a communication disorder, such as stuttering, impaired articulation, language impairment, or a voice impairment, that adversely affects a child's educational performance. (xiii) "Traumatic brain injury" means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The terms "traumatic brain injury" applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing and speech. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. (xiv) "Visual impairment, including blindness" means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness. (2) (A) Subject to paragraph (a)(2)(B) of this section, if it is determined, through an appropriate evaluation under 34 CFR §§300.304 through 300.11, that a child has one of the disabilities identified in paragraph (1) of this section but only needs a related service and not special education, the child is not a child with a disability under this chapter. (B) If, consistent with 34 CFR §300.309(a)(2), the related service required by the child is considered special education rather than a related service under territorial standards, the child would be determined to be a child with a disability under paragraph (1) of this section. (b) Child with a disability for children aged three through seven may, subject to the conditions described in 34 CFR §300.111(b), include a child- (1) Who is experiencing developmental delays, as defined by the Territory and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, social or emotional development, or adaptive development; and (2) Who, by reason thereof, needs special education and related services. (c) "Special education" means (1) specially designed instruction, at no cost to the parents, to meet the unique needs of the child with disabilities, in a continuum of placement options, including, without limitation: classroom instruction, itinerant instruction, resource room, partial inclusion, full inclusion, separate class setting, separate school, home instruction, or instruction in a hospital or other institutional setting; (2) speech pathology, or any related services specially designed to meet the unique needs of the child; and (3) career and technical education specially designed to meet the unique needs of the child. (d) "Related services" as used in this act, includes without limitation transportation and such developmental, corrective, and other supportive services as are required to assist a disabled child to benefit from special education, and includes speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, and medical services for diagnostic or evaluation purposes. The term also includes school health services, social work services in schools, and parent counseling and training. The terms used within this definition are defined as follows: (1) "Audiology" includes: (A) Identification of children with hearing loss; (B) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; (C) Provision of habilitative activity such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation; (D) Creation and administration of programs for prevention of hearing loss; (E) Counseling and guidance of pupils, parents, and teachers regarding hearing loss; and (F) Determination of the child's need for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification. (2) "Counseling services" means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. (3) "Early intervention" means the implementation of a formal plan for identifying a disability as early as possible in a child's life. (4) "Medical services" means services provided by a licensed physician to determine a child's medically related disabled condition which results in the child's need for special education and related services. (5) "Occupational therapy" includes: (A) Improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; (B) Improving ability to perform tasks for independent functioning when functions are impaired or lost; and (C) Preventing, through early intervention, initial or further impairment or loss of function. (6) "Parent counseling and training" means assisting parents in understanding the special needs of their child and providing parents with information about child development. (7) "Physical therapy" means services provided by a qualified physical therapist. (8) "Psychological services" include: (A) Administering psychological and educational tests, and other assessment procedures; (B) Interpreting assessment results; (C) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning; (D) Consulting with other staff members in planning school programs to meet the special needs of children as indicated by psychological tests, interviews, and behavioral evaluations; and (E) Planning and managing a program of psychological services, including psychological counseling for children and parents. (9) "Recreation" includes: (A) Assessment of leisure function; (B) Therapeutic recreation services; (C) Recreation programs in schools and community agencies; and (D) Leisure education. (10) "School health services" means services provided by a qualified school nurse or other qualified person. (11) "Social work services in schools" includes: (A) Preparing a social or developmental history on a disabled child; (B) Group and individual counseling with the child and family; (C) Working with those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school; and (D) Mobilizing school and community resources to enable the child to receive his or her educational program. (12) "Speech pathology" includes: (A) Identification of children with speech or language disorders; (B) Diagnosis and appraisal of specific speech or language disorders; (C) Referral for medical or other professional attention necessary for the habilitation of speech or language disorders; (D) Provisions of speech and language services for the habilitation or prevention of communicative disorders; and (E) Counseling and guidance of parents, children, and teachers regarding speech and language disorders. (13) "Transportation" includes: (A) Travel to and from school and between schools; (B) Travel in and around school buildings; and (C) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a disabled child. (e) "Special educational facility" means a school or any portion thereof, remedial or supplemental facility or any other building or structure or part thereof intended for use in meeting the educational, corrective, and related needs of children with disabilities. (f) "Developmental delay" means a child aged three through seven who is experiencing developmental delays measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: (A) Physical development; (B) Cognitive development; (C) Communication development; (D) Social or emotional development; (E) Adaptive development; and (F) Who by reason thereof, needs special education and related services. (g) "IDEA" means the Individuals with Disabilities Education Improvement Act. (h) "Parent" means a biological or adoptive parent, a guardian authorized to act as the child's parent or otherwise authorized to make educational decisions for the child, including a foster parent, unless otherwise prohibited by valid court order, or a surrogate parent duly appointed under the regulations of the Individuals with Disabilities Education Act (hereinafter "IDEA") or local rules. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354; May 14, 2012, No. 7355, §§ 1, 3(2.)-(7.), Sess. L. 2012, pp. 57-63.

(a) All children with disabilities residing in the Virgin Islands shall have a right to a free and appropriate public education which shall include a continuum of placements ranging from full inclusion, partial inclusion, itinerant teaching, resource room, related services, separate classes, separate schools, homebound instruction and instruction in a hospital or other institutional setting. (b) To the maximum extent practicable, children with disabilities shall be educated along with children who are non-disabled and placed in regular educational settings using the same curricula as their non-disabled peers, with modifications as needed to meet their individual, specialized educational needs. Impediments to learning and to integration into the regular school environment, to the maximum degree appropriate, shall be overcome by the provision of specialized services and supplemental services, aids and modifications to the curricula, rather than by separate schooling or other removal of children with disabilities from the regular educational environment. Special classes, separate schooling or other removal of children with disabilities from the regular educational environment shall occur only when, and to the extent that the nature of the severity of the disability is such that education in regular classes, even with the use of supplementary aids and services, cannot be achieved. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, §§ 1, 4(1.)(a), (b), Sess. L. 2012, pp. 57-64.

(a) Physical aspects and specifications of schools, classrooms, and other facilities for, or likely to be used by children with disabilities, shall be related to their special physical, educational, and psychological needs. All publicly supported educational facilities which are expressly intended for or are likely to be used by children with disabilities, shall be planned, located, designed, constructed, equipped, and maintained with due regard for the special capabilities, disabilities, and requirements of the children with disabilities to be accommodated therein. (b) All facilities shall conform to the guidelines of the Architectural and Transportation Barriers Compliance Board and the Americans with Disabilities Accessibility Standards for Buildings and Facilities, 34 CFR §300.718, 20 U.S.C.1404. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, §§ 1, 4(2.), Sess. L. 2012, pp. 57-58, 64.

(a) The Department of Education shall provide or cause to be provided all regular and special education and related services required by children with disabilities to the end that they shall receive the benefits of a free appropriate public education appropriate to their needs. (b) The Department of Education is authorized and directed to secure the fullest implementation in the Virgin Islands of the "Individuals with Disabilities Education Act" (20 U.S.C. §1400), as amended, and to do all that is or may be required to secure for the Virgin Islands the benefit of appropriations pursuant to such Act. The Department of Education shall constitute the state educational agency of the Virgin Islands Government under such Act and shall: (1) develop, administer, and supervise the state plan authorized by the "IDEA" and acts amendatory thereto; (2) identify all funds, personnel, records, equipment and other resources of the Virgin Islands Government-which provide or might provide educational programs and related services for children with disabilities within the scope of this chapter; (3) provide for the detailed administration and close supervision of educational programs, services, and activities for children with disabilities in public schools organized and administered by the Department of Education and for the organization and supervision of educational programs, services, and activities for children with disabilities in special educational facilities or public institutions; (4) establish and implement procedural safeguards which assure that the rights of children with disabilities and their parents or guardians are protected; and (5) do such things as are necessary and incidental to carrying out the requirements of this chapter. (c) The responsibility of the Department of Education to provide a free public education for children with disabilities is not diminished by the availability of private schools and services. Whenever private schools and services are available or are utilized, it continues to be the responsibility of the Department of Education to assure an appropriate quantity and quality of regular and special educational and related services, and the protection of all other rights, and to ascertain that all children with disabilities receive the educational and related services and rights to which this chapter entitles them. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, §§ 1, 4(3.)(a), (b), Sess. L. 2012, pp. 57-58, 64.

(a) There is hereby established in the Department of Education a Division of Educational Programs for Children with Disabilities. The Division shall be headed by a director who shall be qualified by education, training, and experience to take responsibility for, and give direction to, the program of the Department of Education relating to the disabled. (b) The operation of the Division, its role in the Department of Education, its authority, its working relationship with other discrete intra-departmental structures, its function in inter-agency concerns, and its role in facilitating, supervising, and monitoring of special education in the least restrictive environment shall be detailed in rules and regulations promulgated and published under section 292 of this chapter. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, § 1, Sess. L. 2012, pp. 57-58.

The Department of Education shall be responsible for insuring that: (a) a free appropriate public education is available to all children with disabilities between the ages of three and twenty-one; (b) all children residing in the Territory who are disabled, regardless of the severity or chronicity of their disability, and who are in need of special education and related services are identified, located and evaluated, and individualized education programs are developed for them; (c) after the initial evaluation, development of an individualized education program, and appropriate placement, such individualized education program will be reviewed, and, if appropriate, revised periodically, but not less than annually; (d) procedural safeguards are established as required by section 289 of this chapter; (e) procedures are developed to assure that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and that separate classes, special schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; (f) procedures are established to assure that testing and evaluation materials and procedures utilized for evaluation and placement of children with disabilities will be selected and administered so as not to be racially or culturally biased, and that adaptive behavior will be considered in evaluation and placement. Such materials or procedures shall be provided and administered in the child's dominant language or mode of communication, unless it is clearly not feasible to do so, and no single procedure shall be the sole criterion for determining an appropriate educational program for a child; (g) the Department of Education shall be responsible for assuring that the requirements of this chapter are carried out and that all educational programs for children with disabilities within the Territory will be under the general supervision of the person responsible for educational programs for children with disabilities in the Department and shall meet education standards of the Department; and (h) procedures are established for consultation with individuals involved in or connected with the education of children with disabilities, including disabled individuals and parents or guardians of children with disabilities; and that there are public hearings, adequate notice of such hearings, and an opportunity for comment available to the general public prior to adoption of the policies, programs, and procedures required pursuant to the provisions of this chapter. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, § 1, Sess. L. 2012, pp. 57-58.

(a) Nothing in this chapter shall be construed to prevent the Department of Education from making arrangements with, and/or payments to, public and private schools, institutions and agencies, for services to children with disabilities where it is unable to provide satisfactory service with its own facilities and personnel, and the facilities and personnel of schools administered and operated by the Department of Education. (b) Any such agreement, contract, or arrangement for providing educational, corrective, or supporting services for children with disabilities shall contain the following provisions and comply with all other provisions required by law: (1) a precise identification of the parties to the agreement, contract, or arrangement; (2) an enumeration or other precise delineation of the services to be provided; (3) provisions relating to the performance of inspections and examinations and the making of reports and evaluations; (4) provisions defining the relationships between the private schools, institutions or agencies and the Department of Education in regard to the responsibilities for regular education, special education, and related services for children with disabilities; (5) provisions for amendment, renewal, withdrawal from or termination of the agreement, contract, or arrangement; and (6) any other necessary or appropriate provisions. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, § 1, Sess. L. 2012, pp. 57-58.

(a) The Department of Education shall establish and maintain procedures to assure that children with disabilities and their parents or guardians are guaranteed procedural safeguards with respect to the provision of a free appropriate public education which shall include but shall not be limited to: (1) an opportunity for the parents or guardians to examine all relevant records with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to such child, and to obtain an independent evaluation of the child; (2) procedures to protect the rights of the child whenever the parents or guardians are unknown, unavailable, or the child is a ward of the Territory, including the assignment of an individual (who shall not be an employee of the Department of Education) to act as a surrogate for the parents or guardians; (3) written prior notice to the parents or guardians of the child whenever the Department of Education: (A) proposes to initiate or change, or (B) refuses to initiate or change, the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child; (4) procedures designed to assure that the notice required by paragraph (a)(3) of this separagraph (a) (3)rms the parents or guardians, in the parents' or guardians' dominant language, unless it clearly is not feasible to do so, of all procedures available pursuant to this chapter; (5) an opportunity to present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child; (6) an opportunity for an impartial due process hearing, upon receipt of a complaint under this section, shall be available to parents or guardians and such hearing shall be conducted by the Department of Education; (7) provisions that any party to subsection (a)(6) of this section shall be accorded (1) the right to be accompanied and advised by counsel or by an advocate; (2) the right to present evidence and confront, cross-examine, and compel the attendance of witnesses; (3) the right to a written or electronic verbatim record of such hearing; and (4) the right to written findings of fact and decisions. (b) No hearing conducted pursuant to the requirements of this chapter shall be conducted by any employee involved in the education or care of the child. (c) Any party aggrieved by the findings and decision shall have the right to bring a civil action with respect to the complaint presented pursuant to this section, which action may be brought in any court of competent jurisdiction. (d) During the pendency of any proceedings conducted pursuant to this section, unless the Department of Education and parents or guardians otherwise agree, the child shall remain in the then current educational placement of such child, or, if applying for initial admission to a public school, shall, with the consent of the parents or guardians, be placed in the public school program until all such proceedings have been completed. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, § 1, Sess. L. 2012, pp. 57-58.

(a) A child, or the child's parent or guardian, may obtain administrative and judicial review of any action or omission covered by this chapter on the grounds that the child has been or is about to be: (1) denied entry or continuance in a program of special education appropriate to the child's disability and needs; (2) placed in a special education program which is inappropriate to the child's disability and needs; (3) denied educational services because no suitable program of education or related services is maintained; (4) provided with special education or other education which is insufficient in quantity to satisfy the requirements of law; (5) provided with special education or other education to which the child is entitled only by units of government or in situations which are not those having the primary responsibility for providing the services in question; or (6) assigned to a program of special education when the child is not disabled. (b) The parent or guardian of a child placed or denied placement in a program of special education shall be notified promptly, by registered certified mail, return receipt requested, of such placement, denial or impending placement or denial. Such notice shall contain a statement informing the parent or guardian that he is entitled to review of the determination and of the procedure for obtaining such review. (c) The Department of Education shall make and, from time to time, may amend or revise rules and regulations for the conduct of hearings authorized by this section and otherwise for the implementation of its purpose. (d) The remedies provided by this section are in addition to any other remedies which a child, his parent or guardian may otherwise have pursuant to law. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, §§ 1, 4(4.), Sess. L. 2012, pp. 57-58, 64.

On or before March 15th of each year, the Department of Education shall submit to the Governor and to the Legislature, and make available for public distribution, a report setting forth the extent to which the Department of Education is providing or causing to be provided the special education and related services for children with disabilities necessary to implement fully the policy of this chapter. The report shall detail progress made in fulfilling the plan authorized by section 285 of this title and shall include any additional matters which may be necessary or appropriate including recommendations for amendment of laws, changes in administrative practices and patterns of organization, and changes in levels and patterns of financial support. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, § 1, Sess. L. 2012, pp. 57-58.

(a) The Department of Education shall from time to time amend and revise, rules and regulations for the implementation of this chapter. (b) General notice of any proposed rules and regulations shall be published in at least one newspaper of general circulation in the Territory and shall include: (1) a statement of the time, place and nature of any public hearing; (2) reference to the legal authority under which the regulation is proposed; and (3) either the terms or substance of the proposed regulation or a description of the subjects and issues involved. (c) Within sixty (60) days after publication of the notice required in this section, the Department of Education shall give interested persons an opportunity to submit written data, views, or arguments, with or without an opportunity for oral presentation. (d) No rules or regulations issued pursuant to this chapter shall become effective until thirty (30) days after the expiration of the public comment period or any public hearing convened pursuant to subsection (c) of this section. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, § 4(5.), Sess. L. 2012, p. 64.

It is the purpose of this section to promote the efficient and expert implementation of special education programs and related services in the Territory. The Department of Education may establish and operate or cooperate with other agencies of the Virgin Islands Government in establishing and operating programs providing special education and related services for children with disabilities. The Department of Education is further authorized and directed to undertake such studies and investigations into all educational programs conducted or sponsored, in whole or in part, by such Department for the purpose of determining and evaluating the effectiveness of same and the degree to which such programs may be or are duplicative of educational opportunities available under the jurisdiction of any other agency of the Government. If duplication of programs is discovered, the Department shall alter same in order to achieve coordination with programs offered under the jurisdiction of any other agency of the government. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, §§ 1, 4(6.), Sess. L. 2012, pp. 57-58, 64.

The Department of Education shall establish, and publish or cause to be published a description of, programs and procedures for the development of a comprehensive system of personnel development which shall include the in-service training of general and special educational instructional and support personnel, detailed procedures to assure that all personnel necessary to carry out the purposes of this chapter are appropriately and adequately trained, and effective procedures for acquiring and disseminating the teachers and administrators of programs for children with disabilities significant information derived from educational research, demonstration, and similar projects, and adopting, where appropriate, promising educational practices and materials developed through such projects. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311; amended May 14, 2012, No. 7355, § 1, Sess. L. 2012, pp. 57-58.

Funds for the purpose of carrying out the requirements of this chapter shall be made available by appropriations of the Legislature in the annual budget for the Department of Education. History: Added Jan. 12, 1982, No. 4667, § 3, Sess. L. 1981, p. 311.

(a) A veterans' educational and recreational program is established in the Virgin Islands under the supervision of the Commissioner of Education. (b) The facilities of the program may include provision for elementary, secondary, or career and technical education and training, according to the demand or need therefor; and in accordance with standards and requirements set by the Veterans' Administration, employing insofar as possible existing facilities of the school system. History: Amended Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

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.

Persons other than veterans may be admitted to training under this program, provided they shall pay the same charges and fees required of veterans.

Insofar as compatible with the nature of this program, the Commissioner 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.

Such agreements by the Governor or the Commissioner of Education with the Veterans' Administration as may be necessary or proper for carrying out this program are authorized, ratified and approved.

The Director of the Division of Veterans Affairs, Office of 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 career and technical 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 Director of the Division of Veterans Affairs, Office of the Governor: that- (1) he has been certified by the Veterans' Administration as eligible for career and technical 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: Amended Sept. 23, 1983, No. 4853, § 3, Sess. L. 1983, p. 133; June 24, 1987, No. 5265, § 1203(d), Sess. L. 1987, p. 94; Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

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 completion of the course of study. Application for such assistance shall be made to the Office of the Governor, Division of Veterans Affairs within three months after completion of the course. The Office of the Governor, Division of Veterans Affairs shall, out of funds provided for the purpose, defray the actual transportation costs of the veteran, provided that the veteran has satisfactorily completed his course of study. History: Amended May 8, 1981, No. 4541, § 1, Sess. L. 1981, p. 38; June 24, 1987, No. 5265, § 1203(d), Sess. L. 1987, p. 94.

The total costs of transportation granted to any one veteran, departing and returning to the Virgin Islands, shall not exceed $500.00; Provided, That a sum not to exceed 50% of this amount shall be granted for one- way transportation. History: Amended May 8, 1981, No. 4541, § 2, Sess. L. 1981, p. 39; Aug. 22, 1995, No. 6075, § 6, Sess. L. 1995, p. 197.

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 furnished 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 exemption from the tax is granted.

History: Repealed. Sept. 13, 1966, No. 1816, § 1, Sess. L. 1966, p. 513.

A suitable sum, in accordance with the financial ability of the Government of the United States 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 - 309, 311 of this title.

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 career and technical courses conducted by the Department of Education in the Virgin Islands, whether held in the day or night. History: July 3, 1958, No. 345, Sess. L. 1958, p. 126; amended Oct. 17, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

There is established within the Department of Education, for budgetary purposes only, a public corporation to be known as the United States Virgin Islands Maritime Academy. The Academy shall provide instruction in the nautical sciences, marine engineering and related fields, including all those necessary to prepare cadets to become licensed officers of the American Merchant Marine and the United States Virgin Islands maritime industries. Instruction shall be in conjunction with the secondary schools in the territory and shall be based upon the foundation of general studies and will be taught to both in-school and out-of-school youth for the purpose of preparing cadets for the maritime industries and licensing therein. Standards will be set to determine which beginning high school youth will qualify to enter the academy after high school. History: Added Dec. 28, 1990, No. 5664, § 1, Sess. L. 1990, p. 459.

The Academy shall be maintained at the Port of Charlotte Amalie and its principal place of business shall be on the Island of St. Thomas, but it may have such other offices and places of business in such other locations as the Board of Governors may decide from time to time. History: Added Dec. 28, 1990, No. 5664, § 1, Sess. L. 1990, p. 459.

(a) The powers, rights, privileges, functions and duties of the United States Virgin Islands Maritime Academy, shall be vested in a Board of Governors designated as the United States Virgin Islands Maritime Academy Board of Governors. The Board of Governors, upon their appointment and qualification, and their successors, shall be and are constituted a body politic and corporate to have all attributes, prerogatives, responsibilities and functions appertaining to a secondary and post secondary institution, and to possess and exercise in furtherance of its objectives all such other powers, duties and responsibilities as provided by this chapter. (b) The Board of Governors shall be composed of nine members: one shall be the Chairperson of the Career and Technical Education, one shall be the Chief Executive Officer of the West Indian Company, Ltd., one shall be the Executive Director of the Virgin Islands Port Authority, one shall be the Career and Technical Education Administrator and five other persons appointed by the Governor with the advice and consent of the Legislature. Three of the members shall be representatives of the maritime industry, with one member each from St. Croix, St. John and St. Thomas. Two of the members shall be public lay persons, who are not employees of the Government of the Virgin Islands, one of whom shall be selected by the other members to serve as chairperson of the Board. The Board of Governors may request the Federal Maritime Administration and the United States Coast Guard to appoint a representative of the respective agencies to meet with the Board. Such representative shall not have a vote. (c) The terms of office of members of the Board shall be four years; provided, however, of the members initially appointed by the Governor: (1) as public lay members, one shall serve a term of two years, one shall serve a term of three years and one shall serve a term of four years; (2) as representatives of the maritime industry, one shall serve a term of two years and one shall serve a term of four years. The Governor shall designate the terms of office of the initial appointees at the time of appointment. (d) Vacancies shall be filled in the manner of the original appointment for the unexpired term. Notwithstanding Title 3, section 65a, Virgin Islands Code, upon expiration of a member's term of office, the member shall continue to serve until his successor is appointed and qualified. Members shall be eligible for reappointment. (e) The members of the Board of Governors shall serve without pay, but each shall be allowed his actual expenses incurred in attending any meeting of the Board of Governors at the direction of the Board or in attending the sessions of or performing service for any duly appointed committee of the Board. History: Added Dec. 28, 1990, No. 5664, § 1, Sess. L. 1990, p. 459; amended May 28, 2005, No. 6732, § 16, Sess. L. 2005, p. 154; Oct. 15, 2005, No. 6793, § 5, Sess. L. 2005, p. 354.

The Board of Governors may appoint a Secretary of the Board, determine his duties and fix his compensation. He shall hold office at the pleasure of the Board. History: Added Dec. 28, 1990, No. 5664, § 1, Sess. L. 1990, p. 459.

(a) The United States Virgin Islands Maritime Academy, through the Board of Governors, shall have all the powers necessary and convenient to carry out and perform the purposes and provisions of this chapter, including, but not limited to: (1) Having perpetual succession; to sue and be sued; to enter into contracts; to contract debts; to adopt and use a corporate seal and alter the same at will; (2) Appointment and removal of a Superintendent of the Academy, who must be a licensed Master of deep sea motor or steam vessels of any gross tons, and other Coast Guard qualified instructors and employees; (3) Determining the powers, duties, and responsibilities of the Superintendent and other instructors, and insure that the Academy is operating in accordance with Title 46, United States Code Annotated and Title 4Title 46, United States Code Annotatedr 1, Title 46, Code of Federal Regulations, chapter 1; (4) Determining the compensation of the Superintendent, instructors and employees, giving consideration to the Merchant Marine Act, § 1295c(e); M(5)hant Marine Act, § 1295c(e)h students shall be received as cadets, instructed in the Academy, and suspended, discharged or graduated therefrom, including determining the courses of study to be pursued and the granting of academic degrees and honors, provided, that the courses of study shall at least meet the minimum requirements of the Coast Guard regulations found in Title 46, Code of Federal RegulaTitle 46, Code of Federal Regulations, Chapter 1neral standards; (6) To acquire, own and possess property, whether real, personal or of any other nature whatsoever, or any interests in the same, by bequest, devise, gift, purchase or lease, either absolutely or in trust, for any of its purposes, and to use, improve, manage, develop, mortgage, or otherwise turn to account, or deal with, all or any part of its property for such purposes; (7) To apply for and accept advances, loans, grants, contributions, gifts, donations, appropriations of funds and other forms of financial assistance from the Federal Government or the Government of the United States Virgin Islands, or other public bodies or agencies or from any sources, public or private for the purposes of this chapter, and enter into and carry out contracts in connection therewith; (8) Making all regulations pursuant to Title Title 3 3chapter 35, Virgin Islands Codery for the procurement or purchase of supplies and materials for the Academy and its vessels; and (9) Establishment of standards for scholarships for needy or worthy students. History: Added Dec. 28, 1990, No. 5664, § 1, Sess. L. 1990, p. 459.

(a) The immediate supervision of the Academy shall be resident in the Superintendent. The Superintendent shall be appointed by the Board of Governors of the Academy who shall be assured that the appointee possesses the following qualifications: he or she shall be currently qualified to be the master on any vessel of any gross tons acquired for training purposes, and should be an educator with five or more years experience in marine engineering, merchant ships, fire fighting, crane operations, navigation, radar, life boats, and other nautical sciences. Additionally, he or she shall have earned a master's degree or higher, with qualifications to teach radar and navigation according to the Coast Guard license requirements for Master of ocean or near coastal steam or motor vessels of any gross tons. (b) The Superintendent of the Academy shall not only have complete charge and management of the Academy, but, in cooperation with the Commissioner of Education, shall be charged with the direction of the education of all cadets in attendance, as well as the evaluation and improvement of the Academy staff and educational program. He shall be the chief appointing authority for all employees, subject to the approval of the Board of Governors, as may be deemed necessary to properly conduct and operate the Academy. In addition, he shall have such additional powers and duties as provided by the Board of Governors of the Academy. History: Added Dec. 28, 1990, No. 5664, § 1, Sess. L. 1990, p. 459.

The Board of Governors may make application for and receive from the Federal Government, the Government of the United States Virgin Islands, or from other sources for utilization by the Academy, vessels detailed or furnished by such sources with all apparel, charts, books and instruments of navigation. History: Added Dec. 28, 1990, No. 5664, § 1, Sess. L. 1990, p. 459.

(a) The Legislature recognizes that the Department of Planning and Natural Resources and the Virgin Islands Port Authority have unique facilities, such as docking facilities, marine vessels and equipment which may provide potential resources to the Academy. (b) The Board of Governors of the Academy, the Commissioner of the Department of Planning and Natural Resources and the Governing Board of the Virgin Islands Port Authority, in conjunction with the Commissioner of Education, are encouraged to cooperate by preparing a memorandum of understanding which will outline specific programs designed to increase the sharing and lending of facilities when such action is not inconsistent with the primary goals of each entity. History: Added Dec. 28, 1990, No. 5664, § 1, Sess. L. 1990, p. 459.

There is established within the Department of Education for budgetary purposes only, a public corporation to be known as the Virgin Islands Hospitality Training School (hereinafter in this chapter the "School"). The School shall provide educational instruction in all aspects of the Virgin Islands tourism industry, but more particularly training in the operation of hotels and their attendant services. The School shall function in close cooperation with the Department of Education, the Department of Tourism, and the University of the Virgin Islands. There shall be regular and continued assessment of the employment needs of the tourism industry and the curriculum shall be adjusted to train students for jobs that meet these needs. The School shall establish certificates and degrees, distinguish its graduates, and certify their training. History: Added Nov. 9, 1995, No. 6086, § 3(b), Sess. L. 1995, p. 218.

(a) The School shall be administered by a Board of Governors consisting of seven persons: the Chairman of the Board of Career and Technical Education, a member of the Chamber of Commerce, a member of the Hotel and Tourism Association, and four other persons appointed by the Governor with the advice and consent of the Legislature. Of the four appointees, two shall be residents of St. Croix and two shall be residents of St. Thomas/St. John. None shall be employees of the Government of the United States Virgin Islands. All shall have experience and training in Virgin Islands tourism industries. (b) Appointed members shall serve a term of four years and may be reappointed. They shall serve until their successors are appointed. Qualified members of the Board of Governors shall be reimbursed for actual reasonable expenses incurred in attending any meeting of the Board. No salary shall be paid for service on the Board. (c) The Board of Governors shall elect such officers as it deems necessary. It shall establish by-laws for its operations and the administration of the School. The Board shall appoint, with the approval of the Governor, a Dean, who shall be the principal administrative officer of the School. History: Added Nov. 9, 1995, No. 6086, § 3(b), Sess. L. 1995, p. 218; amended May 28, 2005, No. 6732, § 17, Sess. L. 2005, p. 154.

(a) The Virgin Islands Hospitality Training School, through its Board of Governors, shall have the following powers and duties: (1) to develop an entry-level training program that prepares Virgin Islands students for jobs in the tourist industry; (2) to structure its curriculum for the specific jobs available in the Virgin Islands tourism market; (3) to cooperate and coordinate with other educational institutions in the preparation of Virgin Islanders for tourist industry employment; (4) to exercise the powers inherent in public corporations including, but not limited to: (1) to sue and be sued; (2) to enter into contracts; (3) to enter into financing agreements; (4) to adopt a corporate seal; (5) to hire and dismiss its employees; (6) to accept donations, gifts and bequeaths; (7) to spend such monies on school purposes; (8) to acquire, own, and possess property; (9) to purchase goods and supplies; (10) to issue rules for its operations; (11) and to do such things as are necessary to accomplish its purposes. (b) To the maximum extent feasible, consistent with sound business practices, the Board shall enter into an agreement with the Department of Education to use departmental personnel for its administrative functions and start-up requirements. The Department of Education, the Department of Tourism and the University of the Virgin Islands are authorized to cooperate and provide assistance to the Hospitality Training School. History: Added Nov. 9, 1995, No. 6086, § 3(b), Sess. L. 1995, p. 218.

The Board of Governors may enter into an agreement to use a portion of the Virgin Islands Vocational School facilities on St. Croix and a portion of the facilities of the University of the Virgin Islands on St. Thomas, or any other facilities it deems necessary, and which are available for the operations of the School. The School shall provide training in both island districts. History: Added Nov. 9, 1995, No. 6086, § 3(b), Sess. L. 1995, p. 218.

History: Repealed. June 14, 1961, No. 756, § 1, Sess. L. 1961, p. 103.

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 temporary 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: provided 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 Education or his authorized representative to survey their activities for the purpose of reporting to the Governor. History: Amended May 16, 1957, No. 160, § 45, Sess. L. 1957, p. 35.

History: Repealed. June 14, 1961, No. 756, § 1, Sess. L. 1961, p. 103.

History: Repealed. June 14, 1961, No. 756, § 1, Sess. L. 1961, p. 103.

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.

There is hereby authorized to be appropriated as annual grants out of any available funds in the Treasury of the United States 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. History: Amended Feb. 28, 1962, No. 821, Sess. L. 1962, p. 56.

The students of the senior class of each accredited private, parochial or public high school in the Virgin Islands may apply for a grant under the provisions of this chapter for the purpose of defraying not more than one-half of the expenses of an educational or cultural trip abroad by such class. Applications for such grants shall be made in writing to the Virgin Islands Board of Education prior to March 15. The application shall set forth the complete details of the planned trip abroad and shall state the total amount of funds earned by such class for the purpose of defraying at least one-half of the expense of such trip. History: Added May 23, 1969, No. 2464, § 1, Sess. L. 1969, p. 118.

From among the applicants for such grants the Board of Education shall select on or before April 15 not more than two recipients from St. Thomas and not more than two recipients from St. Croix. The Board of Education shall adopt and publish appropriate rules and regulations pertaining to the standards to be used by the Board in the selection of such recipients from among the applicants for such grants. The grant shall be for an amount equal to the funds raised by such senior class for the purpose of such trip or $5,000, whichever is the lesser amount. History: Added May 23, 1969, No. 2464, § 1, Sess. L. 1969, p. 118.

The faculty moderator or principal of the high school of each senior class receiving a grant under the provisions of this chapter shall file a written account of the application for the grant received with the Board of Education within 90 days after receipt of such grant. History: Added May 23, 1969, No. 2464, § 1, Sess. L. 1969, p. 118.

The Commissioner of Education shall apply to the Secretary of each military department of the United States Armed Forces for the establishment of at least one unit of the Junior Reserve Officers' Training Corps at each high school in the Virgin Islands. History: Added Sept. 11, 1969, No. 2537, Sess. L. 1969, p. 262.

The Commissioner of Education shall make available the facilities of the Department of Education for classroom instruction, storage of arms and equipment and provide for adequate drill areas at or in the immediate vicinity of each high school for the use and maintenance of Junior Reserve Officers' Training Corps units. History: Added Sept. 11, 1969, No. 2537, Sess. L. 1969, p. 262.

The Commissioner of Education is authorized to take all necessary action and to execute on behalf of the Government of the United States Virgin Islands or the Department of Education all necessary agreements or contracts for the establishment and maintenance of Junior Reserve Officers' Training Corps units within the Virgin Islands pursuant to the Federal Reserve Officers' Training Corps Vitalization Act of 1964 and all Acts of Congress amendatory thereof or supplementary thereto. History: Added Sept. 11, 1969, No. 2537, Sess. L. 1969, p. 262.

There is hereby established in the Island of St. Thomas, Virgin Islands, as an instrumentality of the Government of the United States Virgin Islands an institution to be known as "The University of the Virgin Islands" the cardinal objectives of which shall be the stimulation and utilization of the intellectual resources of the people of the Virgin Islands and the development of a center of higher learning whereby and wherefrom the benefits of culture and education may be extended throughout the Virgin Islands, the Caribbean and other areas. No person shall because of race, creed, color or national origin be deprived of the privileges of this institution. History: Added Mar. 16, 1952, No. 852, § 1, Sess. L. 1962, p. 93; amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.

The location of the University and its principal place of business shall be in the island of St. Thomas but it may have such other offices and places of business in such other locations as the Board of Trustees may decide from time to time. History: Added Mar. 16, 1962, No. 852, § 1, Sess. L. 1962, p. 94.

(a) For the purposes of exercising general management and control of the affairs of the University, the Board of Trustees, upon their appointment or qualification as hereinafter provided in section 455 of this title, and their successors, shall be and are hereby constituted a body politic and corporate in the name and style "The University of the Virgin Islands" by such name and style to have all the attributes, prerogatives, responsibilities and functions appertaining to an institution of higher education, and to possess and exercise in furtherance of its objectives all such other powers and duties as hereinafter provided. (b) Nothing in this chapter shall be construed as exempting the University of the Virgin Islands from any law made specifically applicable thereto or generally applicable to independent instrumentalities of the Government of the United States Virgin Islands, whether such law was enacted before, on, or after the date of enactment of this subsection. History: Added Mar. 16, 1962, No. 852, § 1, Sess. L. 1962, p. 94; amended Feb. 14, 1980, No. 4407, § 2(d), Sess. L. 1980, p. 12; Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.

In furtherance of its objectives, the University shall have the following purposes, objects and powers: (a) to have perpetual succession; to sue and to be sued; to enter into contracts; to contract debts; to adopt and use a common seal and to alter the same at will; (b) to provide instruction, conduct research and disseminate knowledge in the liberal arts and sciences and such other branches of advanced learning as the Board of Trustees may prescribe, and to confer such academic degrees and honors as are usually conferred by similar institutions; (c) to acquire, own or possess property, whether real, personal or of any other nature whatsoever, or any interests in the same, by bequest, devise, gift, purchase or lease, either absolutely or in trust, for any of its purposes, and to use, sell, improve, manage, develop, lease, mortgage, dispose of, or otherwise turn to account or deal with all or any part of its property for such purposes; (d) to prescribe regulations for the government of the University; to employ a President and such other professional and nonprofessional personnel of the University as may be necessary for the operation and performance of its functions. (e) to apply for and accept advances, loans, grants, contributions, gifts, donations, appropriation of funds and other forms of financial assistance from the Federal Government; from the Government of the United States Virgin Islands by direct application to the Legislature, subject to the approval of the Governor; or from any source, public or private, for the purposes of this chapter, provided that allotment requests shall be made by direct application to the Commissioner of Finance; and to enter into and carry out contracts in connection therewith. History: Added Mar. 16, 1962, No. 852, § 1, Sess. L. 1962, p. 94; amended June 26, 1963, No. 1027, § 1, Sess. L. 1963, p. 383; Oct. 14, 1980, No. 4487, § 2, Sess. L. 1980, p. 206.

Members The Board of Trustees shall consist of seventeen members, as follows: (1) The Chairman of the Board of Education of the Virgin Islands, the Commissioner of Education and the President of the University shall be members ex officio. (2) The Governor shall appoint, by and with the advice and consent of the Legislature, nine other members of the Board, at least five of whom shall be residents of the Virgin Islands, for terms of five years. Such members may be removed for cause by the Governor. (3) The Board of Trustees shall elect, in accordance with procedures established in its bylaws, two additional members to the Board, at least one of whom shall be a resident of the Virgin Islands, for terms of five years. Said bylaws shall provide a method for removal of such members for cause. (4) The student body of the University of the Virgin Islands shall elect annually one student who shall serve as a voting member of the Board. The student Board member shall be elected prior to the commencement of the 1988-89 school year and shall serve a one year term beginning September 1, 1988. The student member must be a resident of the Virgin Islands and must be enrolled as a full-time student, in good standing with the University and shall be elected alternately from each campus of the University. The student member shall be either a Junior or Senior at the time of his election to the Board. (5) The teaching faculty of the University of the Virgin Islands shall elect annually one full-time teaching faculty member who shall serve as a voting member of the Board. The faculty Board member shall be elected prior to the commencement of the 1988-89 school year and shall serve a one year term beginning September 1, 1988. The faculty member shall be elected alternately from each campus of the University. (6) The alumni association shall elect one member, from among its members, who shall serve as a voting member of the Board and shall serve for a three-year term. The alum shall be elected from existing alumni association chapters, and no chapter shall have two consecutive members on the Board. (7) Any person appointed or elected to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed or elected shall be appointed or elected only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor; however, the Governor shall submit names of proposed new Board members to the Legislature within thirty (30) days after the expiration of the term of any Board member, or within sixty (60) days where the vacancy being filled is for an unexpired term. History: Added Mar. 16, 1962, No. 852, § 1, Sess. L. 1962, p. 95; amended Apr. 18, 1967, No. 1937, Sess. L. 1967, p. 132; Dec. 23, 1968, No. 2372, Sess. L. 1968, Pt. II, p. 381; Oct. 8, 1974, No. 3625, § 1, Sess. L. 1974, p. 241; June 1, 1984, No. 4951, § 4(a), (b), Sess. L. 1984, p. 153; Aug. 26, 1988, No. 5360, § 1, Sess. L. 1988, p. 210; Apr. 7, 2004, No. 6646, § 1, Sess. L. 2004, p. 6.

Powers (a) The Board in addition to exercising general management and control of the affairs of the University, shall also have the following specific functions: (1) The determination of courses of study to be pursued. (2) The granting of academic degrees and honors. (3) The granting of sabbatical and other kinds of leave. (4) The establishment of standards for scholarships for needy or worthy students. (b) The Board shall elect its own Chairman, and shall adopt bylaws for the conduct of its own meetings. The Board shall meet at least twice annually. (c) The Board may delegate to the President its representation as well as the exercise of the powers and responsibilities conferred upon it by this title. (d) The Board shall adopt for implementation beginning in the 2014-2015 academic year a program for granting academic credit to students for prior learning which recognizes knowledge, skills and competencies acquired through formal and informal education outside the traditional academic environment when the acquired knowledge, skills and competencies demonstrate college-level learning and align with the University's course competencies. The prior learning that the program may recognize may include the knowledge, skills and competencies acquired through employer training programs, military training and experience, independent study; and through formal and informal education and training from on-island and off-island institutions, including foreign institutions. The program at a minimum must include: (1) Criteria for student eligibility and provision of published application procedures readily available to students. (2) A determination of the appropriate maximum number of credits which may be granted and the degrees and courses to which the credits may be applied. (3) Standards and policies for awarding academic credits which include: (A) The awarding of credits consistent with the requirements of the Middle States Association of Colleges and Schools and other applicable accrediting organizations recognized by the Secretary of the United States Department of Education; (B) The awarding of credit for learning from experience; (C) Assessment of prior learning based on standards and criteria for the level of acceptable learning which are both agreed upon and made public; (D) Assessment of prior learning treated as an integral part of learning, not separate from it, and based on an understanding of learning processes; (E) The determination of credit awards and competence levels made by appropriate subject matter and academic, or credentialing experts; (F) Credit or other credentialing appropriate to the context in which it is awarded and accepted; (G) Transcript entries clearly describing the prior learning being recognized and regular monitoring to avoid giving credit more than once for the same learning; (H) Clear, transparent policies, procedures, and criteria applied to assessment, including provision for appeal, and their full disclosure to all persons involved in the assessment process, and made readily available to students through school catalogues, other publications, and on the University's website; (I) Adequate training of all faculty members involved in the assessment of prior learning and their receipt of continuing, professional development for the duties they perform in connection with the assessment; (J) Regular monitoring, review, evaluation, and revision of the assessment program as needed to reflect changes in the purposes and needs being served and the advancements in assessment methodologies; (K) Assessment fees that are based on the services performed in the process, and not determined by the amount of credit awarded; and (L) Such other standards as the Board considers appropriate to carry out the purposes of this subsection. (4) A validated assessment process to evaluate the knowledge, skills, and competencies students gain from prior learning experiences which may include any of the following methods of evaluation: (A) Portfolio development and evaluation; (B) Course challenge and oral examinations; and (C) Standardized tests, including tests under the: (i) College-Level Examination Program; (ii) American College Testing Proficiency Program; (iii) Defense Activity for Nontraditional Educational Support; (iv) Advanced Placement; (v) International Baccalaureate; and (vi) any other appropriate college-level standardized tests selected by the Board; (D) Credits earned through the American Council of Education's Guide to the Evaluation of Educational Experiences in the Armed Services; and (E) The systematic observation of skill demonstrations, including role plays and simulations, and the evaluation of case studies or other assignments. (5) Consultation or affiliation by the Board and participating faculty members with the Council for Adult and Experiential Learning (CAEL), or with any other nationally recognized prior-learning assessment organization selected by the Board. History: Added Mar.16, 1962, No. 852, § 1, Sess. L. 1962, p. 95; amended July 19, 2013, No. 7490, § 2, Sess. L. 2013, p. 23-26.

Appeals From Suspensions Or Dismissals (a) The President of the University shall serve as its chief executive officer and shall have the power to appoint and remove all professors, lecturers, instructors and all other professional and nonprofessional personnel in accordance with rules and regulations promulgated by the Board of Trustees; provided, that any person dismissed or suspended by the President shall have the right of appeal to the Board. (b) All employees who hold permanent positions at the University shall be covered in accordance with provisions of the Employees Retirement System of the Government of the United States Virgin Islands; provided that teaching, administrative faculty and other personnel who are eligible for coverage by the Teacher's Insurance and Annuity Association or other similar retirement systems may either join the Government Employees Retirement System or the Teacher's Insurance and Annuity Association or other similar retirement system, or if such an employee has prior credited service in the Government Employees Retirement System may upon employment with the University elect to remain in the Government Employees Retirement System or join the Teacher's Insurance and Annuity Association or other similar retirement systems. History: Added Mar. 16, 1962, No. 852, § 1, Sess. L. 1962, p. 95; amended Mar. 4, 1966, No. 1602, § 1, Sess. L. 1966, p. 74; Mar. 29, 1966, No. 1658, § 1, Sess. L. 1966, p. 122.

The academic freedom of the teacher and the full enjoyment of his political and civil rights is hereby guaranteed to all members of the teaching, technical and administrative personnel of the University of the Virgin Islands. History: Added Mar. 16, 1962, No. 852, § 1, Sess. L. 1962, p. 96; amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.

Taxes (a) All property of the University, including funds, shall be exempt from judicial process of every kind, including, without limitation, attachment, levy, execution and sale by virtue of an execution, and no judgment shall be a lien or charge upon its property or funds; provided, that the provisions of this subsection shall not apply to or limit the right of obligees of the University to foreclose or otherwise enforce any mortgage or other security of the University or to pursue any remedies for the enforcement of any lien or pledge given by the University upon its revenues, or to the right of the Federal Government to pursue any rights conferred upon it by Federal law, any contract, or the provisions of this chapter or chapter 35 of this title. (b) The property of the University acquired or held for its corporate purposes is declared to be public property used for essential public and governmental purposes, and such property, and the University, are exempt from all taxes and special assessments of the Virgin Islands or of any taxing authority or body therein. (c) No judgment may be rendered against the University in excess of $75,000 in any suit or action against the University with respect to any injury to or loss of property or personal injury or death that: (1) is caused by the negligent or wrongful act or omission of an employee of the University while acting within the scope of the employee's employment under circumstances where the University, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred; or (2) occurs in connection with the use of the University's facilities. (d) Paragraphs (1) and (2) of subsection (c) do not apply if the injury, loss of property or death is caused by the gross negligence of an employee of the University while the employee is acting within the scope of employment. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 383; amended Dec. 6, 2013, No. 7574, § 15, Sess. L. 2013, p. 285.

(a) The University of the Virgin Islands shall have the power to issue bonds from time to time in its discretion, for any of its corporate purposes or projects including, without limiting the generality of the foregoing, the undertaking of projects aided by the Community Facilities Administration of the Housing and Home Finance Agency or under any other Federal programs, and the planning and construction of one or more dormitories, other housing facilities, dining facilities, health service buildings, gymnasiums, auditoriums or theaters, field houses, stadiums, student union buildings and recreational facilities, and any enlargements or improvements thereto, on any campus of the University, together with the necessary land and equipment. Such bonds may cover any project of the University in connection with any of the foregoing items undertaken prior to the enactment of this title. The University shall also have the power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The University may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable (1) exclusively from the income and revenues of a project financed with the proceeds of such bonds; (2) exclusively from income and revenues of certain designated projects, whether or not they are financed in whole or in part with the proceeds of such bonds; or (3) from its revenues generally. (b) Any such bonds may be additionally secured by a pledge of any loan, grant, or contribution, or parts thereof, from the Federal Government or other source, or a pledge of any income or revenues of the University of the Virgin Islands, or a mortgage of any project, or part thereof, or other property of the said University. (c) Neither the Board of Trustees of the University of the Virgin Islands nor any person executing the bonds shall be personally liable on the bonds by reason of the issuance of the bonds. (d) The bonds and other obligations of the University (and the bonds and obligations shall so state on their face), shall not be a debt of the Virgin Islands (which may be referred to as the "state") or any political subdivision thereof and neither the Virgin Islands nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of the University, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. (e) Bonds of the University are declared to be issued for an essential public and governmental purpose and together with interest thereon and income therefrom, are exempt from all taxes. The provisions of this chapter exempting from taxation the University, its property and its bonds and interest thereon and income therefrom, shall be considered part of the security for the repayment of the bonds and shall constitute, by virtue of this chapter and without necessity of being restated in the bonds, a contract between the bondholders, and each and every one of them, including transferees of said bonds from time to time, on the one hand, and the University of the Virgin Islands on the other. (f) For all purposes of this chapter, the term "bonds" as used in this chapter shall be deemed to include notes. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 384; amended June 15, 1966, No. 1745, Sess. L. 1966, p. 330; Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.

Bonds (a) Bonds of the University shall be authorized by resolutions of its Board of Trustees; may be issued in one or more series and shall be offered, awarded and executed in such manner, bear such date or dates, mature at such time or times, bear interest at such rate or rates not exceeding ten per centum per annum, be in such denomination or denominations, be in such form, bearer, order, coupon or registered, carry such conversion or registration privileges, have such rank or priority, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium), as such resolution of the Board of Trustees, trust indenture, or mortgage may provide, and shall be fully negotiable. (b) The bonds may be sold at public or private sale at not less than par. (c) In case any of the Trustees or officers of the University whose signatures appear on any bonds or coupon shall cease to be such Trustees or officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the Trustees or officers had remained in office until such delivery. (d) In any suit, action or proceeding involving the validity or enforceability of any bond of the University or the security therefor, any such bond reciting in substance that it has been issued by the University to aid in financing a project as defined in this chapter, shall be conclusively deemed to have been issued for such purpose, and the project shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of this chapter. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 385; amended July 29, 1971, No. 3074, Sess. L. 1971, p. 301.

In connection with the issuance of bonds or the incurring of obligations, and in order to secure payment of such bonds or obligations, the University, in addition to its other powers, may- (1) pledge all or any part of its gross or net rents, fees or revenues, to which its right then exists or may thereafter come into existence; (2) mortgage all or any part of its realtor personal property, then owned or thereafter acquired; (3) covenant against pledging all or any part of its rents, fees or revenues, or against mortgaging all or any part of its real or personal property to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property; covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof; and covenant as to what other or additional debts or obligations may be incurred by it; (4) covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof, provide for the replacement of lost, destroyed or mutilated bonds; covenant against extending the time for the payment of its bonds or interest thereon; and covenant for redemption of the bonds and to provide the terms and conditions thereof; (5) covenant (subject to the limitations contained in this chapter) as to the rents and fees to be charged in the operation of projects, fees and other revenues, and as to the use and disposition to be made thereof; create or authorize the creation of special funds for monies held for construction or operating costs, debt services, reserves, or other purposes, and covenant as to the use and disposition of the money held in such funds; (6) prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds and holders of which must consent thereto and the manner in which such consent must be given; (7) covenant as to the use, maintenance and replacement of any or all its real or personal property; the insurance to be carried thereon, and the use and disposition of insurance monies; (8) covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; (9) vest in any obligee of the University the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; vest in an obligee or obligees to take possession of and use, operate and manage any project or any part thereof or any funds connected therewith, and to collect the rents and revenues arising therefrom, and to dispose of such monies in accordance with agreement of the University with said obligee; provide for the powers and duties of such obligees and limit the liabilities thereof; and provide the terms and conditions upon which such obligees may enforce any covenant or rights securing or relating to the bonds; and (10) exercise all or any part or combination of the powers herein granted; make covenants (other than and in addition to the covenants herein expressly authorized) and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the Board of Trustees as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 386.

An obligee of the University, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon him, may by a civil action- (1) compel the University and the Trustees, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of the University with or for the benefit of such obligee, and to carry out any or all such covenants and agreements of the University and fulfill all duties imposed upon the University by this chapter; or (2) enjoin any acts or things which may be unlawful, or the violation of any rights of such obligee of the University. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 387.

The University by its resolution, or by declaration of trust, trust indenture, mortgage, lease, or other contract may confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by a civil action in any court of complaint jurisdiction to- (1) cause possession of any project thereof to be surrendered to any such obligee; (2) obtain the appointment of a receiver of any project of the University or any part thereof and of the rents and profits therefrom; (3) require the University and the Trustees, officers, agents, and employees thereof to account as if it and they were trustees of an express trust. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 388.

Obligations Notwithstanding any restrictions on investments contained in any laws of the Virgin Islands, any political subdivision thereof, all public officers and other public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business, and all executors, administrators, guardians, trustees, and other fiduciaries, may legally invest any monies or funds belonging to them or within their control in any bonds or other obligations issued by the University when such bonds or other obligations are secured by a pledge of annual contributions or other financial assistance to be paid by the Federal Government, or when such bonds or other obligations are secured by an agreement between the Federal Government and the University in which the Federal Government agrees to lend to the University, prior to the maturity of the bonds or other obligations, monies in an amount which (together with any other monies irrevocably committed to the payment of principal and interest on the bonds or other obligations) will suffice to pay the principal of the bonds or other obligations with interest to maturity, which monies under the terms of the agreement are required to be used for that purpose; and such bonds and other obligations shall be authorized security for all public deposits, it being the purpose of this section to authorize any of the foregoing to use any funds owned or controlled by them including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds and funds held on deposit for the purchase of any such bonds or other obligations; provided, however, that nothing in this section shall be construed as relieving any person from any duty exercising reasonable care in selecting securities. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 388.

In any contract with the Federal Government for financial assistance to the University, the University may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey the project or part thereof in the event of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the University is subject. The contract may further provide that in the case of such conveyance, the Federal Government may complete, operate, manage, lease, convey or otherwise deal with the project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the Federal Government is satisfied that all defaults with respect to the project or part thereof have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal Government shall reconvey to the University the project as then constituted. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 389.

(a) For the purpose of aiding and cooperating in the planning, undertaking, carrying out, developing, constructing and operating of projects, and of enabling the University to qualify for participation in Federal programs in its authorized fields of activity, the Government of the Virgin Islands, any political subdivision thereof, or any public agency or public body of the Virgin Islands, with or without consideration, upon such terms as it may determine, and acting through appropriate agencies and officials, may do any, all or any combination of the following: (1) Enter into contracts and agreements (which contracts or agreements may extend over any period, notwithstanding any provision or rule of law to the contrary) with the University or other public agency or body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds by loan, grant, contribution, appropriation, or otherwise or other assistance in connection with any project. (2) Dedicate, sell, convey, lease, or otherwise transfer any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to the University or to any other public agency concerned in any project of the University. (3) Cause public buildings and public facilities, including parks, playgrounds, recreational, community, educational, water, sewage or drainage facilities, illumination, or any other works or facilities which it is otherwise empowered to undertake or furnish, to be furnished to or in connection with any project. (4) To close, vacate, furnish, install, grade, regrade, pave, plan or replan, highways, streets, roads, alleys, sidewalks, ways or other places. (5) Plan or replan, zone or rezone, any part of any community, or locality, and make exceptions and grant waivers from any building codes, regulations or rules. (6) Cause administrative and other services to be furnished to the University. (7) Incur all or any part of the expense of any public improvement necessary for the purposes of this chapter. (8) Lend, grant, appropriate, or contribute funds to the University, or otherwise for the purpose of this chapter. (9) Employ (notwithstanding the provisions of any other law) any funds belonging to or within its control, including funds derived from the sale or furnishing of property or services, or facilities, to the University, for the purchase of bonds or other obligations of the University. (10) Exercise powers relating to the repair, improvement, condemnation, vacation, closing, demolition, or removal of unsafe insanitary, or unfit buildings and structures. (11) Do any and all things necessary or convenient to aid and cooperate in the planning, or carrying out, or operating projects of the University, and in achieving the purposes of this chapter. (b) All agencies and public officials of the Government of the United States Virgin Islands or any political subdivision thereof are authorized and empowered, and shall cooperate with the University to the extent necessary to facilitate the exercise by the University of its powers, duties and functions under this chapter and in carrying out the purposes of this chapter. (c) Any sale, conveyance, lease, transfer, or agreement authorized by this section may be made without appraisal, public notices, advertisement, or public bidding, notwithstanding any laws to the contrary. (d) All projects of the University shall comply with the planning, zoning, sanitary, and building laws or codes, or other regulatory measures applicable to the community in which the project is situated; but no project constructed in a manner to promote the public interest, which complies with the standards or requirements of the Federal Government applicable to it, shall be deemed to be in violation of such laws or codes or be required to be changed or modified for compliance. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 389.

Bonds, Etc Subject to the provisions of section 8(b) of the Revised Organic Act of the Virgin Islands, approved July 22, 1954, the Government of the United States Virgin Islands may levy taxes, appropriate funds, incur indebtedness and issue bonds for the purposes of procuring funds to be loaned, appropriated, contributed, or granted, to the University for carrying out its powers, functions and duties under this chapter, for the provision of public improvements and other forms of local governmental cooperation, and for use in connection with any project of the University or otherwise to carry out the purposes of this chapter. Bonds to be issued by such Government pursuant to the provisions of this section shall be issued in the manner and within the limitations prescribed by law for the issuance and authorization of bonds for such purposes. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 391.

Violation During his tenure and for one year thereafter, no trustee, officer or employee of the University shall voluntarily acquire any personal interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any project. If any such trustee, officer, or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as a trustee, officer or employee, or thereafter, then in any such event, the trustee, officer or employee, shall immediately disclose his interest in writing to the University and such disclosure shall be entered upon the minutes of the Board of Trustees of the University and the trustee, officer or employee shall not participate in any action by the University relating to the property or contract in which he has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office. These provisions shall not be applicable to the acquisition of any interest in notes or bonds of the University issued in connection with any project, or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture or agreement, or to utility services the rates for which are fixed or controlled by a governmental agency. History: Added June 26, 1963, No. 1027, § 2, Sess. L. 1963, p. 391.

(a) The Legislature hereby finds and declares that in order to enhance the reputation for academic excellence and intellectual vitality of the University of the Virgin Islands, such institution must be able to attract distinguished and renowned scholars. In implementation of this purpose and to afford lasting tribute to the extraordinary dedication and devotion of Morris F. de Castro to the principles of good Government, and his exceptional service to the people of the Virgin Islands, the Legislature provides by sections 471 - 473 of this chapter for the establishment of a chair in Government at the University of the Virgin Islands. (b) There is hereby established in the University of the Virgin Islands, under the jurisdiction of the Board of Trustees thereof, the Morris F. de Castro Chair in Government. (c) The Board is authorized to contract with distinguished and outstanding scholars to fill the Morris F. de Castro Chair in Government, on such terms and conditions and for such duration as may be agreed upon by the parties. (d) The Board is further authorized to provide for proper facilities, equipment and such other services as may be necessary or appropriate to enable the holder of the Morris F. de Castro Chair to carry out his work in connection therewith and to give effect to the purposes for which such chair was established. History: Added Mar. 6, 1967, No. 1869, § 1, Sess. L. 1967, p. 35, 36; amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.

(a) In the interest of encouraging qualified veterans of the armed forces of the United States who are Virgin Islands residents to further their formal education and in recognition of the value of the service rendered by such veterans, those veterans of the armed forces of the United States who are domiciliaries of the Virgin Islands and who entered the armed services in the Virgin Islands, or who were domiciliaries of the Virgin Islands but entered the armed services in another jurisdiction while temporarily residing in that jurisdiction and who otherwise meet the qualifications and admission standards of the University of the Virgin Islands are hereby granted free tuition to such institution for a time period not to exceed 128 semester hours. (b) The benefits in subsection (a) of this section shall not be interpreted as applicable only to undergraduate tuition, but may be applied to any graduate program of the University of the Virgin Islands. Any veteran who qualifies under the provisions of subsection (a) of this section may attend graduate classes of the University of the Virgin Islands without paying tuition therefor, not to exceed 36 semester hours for non-doctoral graduate classes and 92 semester hours for doctoral classes, in addition to the limitations on semester hours in subsection (a) of this section. In addition, any veteran may enroll and attend the University of the Virgin Islands for certified and certificate courses for a maximum of 200 continued educational units. (c) The Director of Veterans Affairs, Department of Labor, shall establish the eligibility of veterans for the free tuition granted by subsections (a) and (b) of this section and shall make direct tuition payments to the University of the Virgin Islands from funds appropriated for that purpose upon certification from the University that the veteran has been accepted as a student and has completed registration procedures; Provided, however, That no veteran shall have his tuition paid under this section if such veteran is entitled to have such tuition paid by any Federal funds made available to such veteran for college tuition. History: Added July 12, 1972, No. 3248, § 1, Sess. L. 1972, p. 178; amended Sept. 23, 1983, No. 4853, § 1(a), (b), Sess. L. 1983, p. 132; Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249; Oct. 12, 2005, No. 6783, § 4, Sess. L. 2005, p. 296; amended Nov. 2, 2016, No. 7949, § 4, Sess. L. 2016, p. 212.

Notwithstanding any other law or rules or regulations to the contrary, veterans of the armed forces of the United States who have received certification of good health upon discharge from the armed forces shall, for a period not to exceed 120 days after such certification, not be required to pass a physical examination as a condition to admission into the University of the Virgin Islands. History: Added July 12, 1972, No. 3248, § 2, Sess. L. 1972, p. 178; amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.

(a) Members and officers of the National Guard of the Virgin Islands who otherwise meet the qualifications and admission standards of the University of the Virgin Islands are eligible, upon completion of one year of service in the National Guard of the Virgin Islands, for free tuition to such institution for a time period not to exceed 32 semester hours. The tuition exemption provided for in this subsection shall continue for the benefit of a member or officer only during such time as he or she remains a member or officer in good standing in the National Guard of the Virgin Islands. (b) No member or officer who is eligible to receive tuition assistance from the federal government as a result of his or her service in the armed forces of the United States shall be eligible for tuition exemptions under this section. (c) The provisions of this section shall be administered by the Board of Trustees, which shall adopt such rules and regulations as are needed to properly carry out this section. (d) The tuition exemptions provided for in this section shall be applied prospectively only. History: Added June 15, 1982, No. 4716, § 2, Sess. L. 1982, p. 92; amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.

(a) There is established in the University of the Virgin Islands a Small Business Development Center (hereinafter SBDC). The SBDC shall coordinate local and federal government resources, as well as private sector resources, in the establishment of a program network for the delivery of management and technical assistance through counseling and training to small businesses and prospective small businesses in the Virgin Islands. (b) The SBDC is authorized to accept grants of local or federal funds, gifts, devices or conveyances for the furtherance of its stated goals and purposes. History: Added June 19, 1985, No. 5078, § 2, Sess. L. 1985, p. 77; amended Oct. 14, 1986, No. 5207, § 7, Sess. L. 1986, p. 249.

The Agriculture Business Center is hereby established within the Small Business Development Center (SBDC). The Agriculture Business Center shall provide resources for a broad spectrum of farmers, ranging from small farm businesses to larger or commercial farmers. The Center shall bring together the resources for assisting farmers with both the actual practices and skills that will facilitate improved farm productivity, as well as resources for assisting farmers with the "business" of farming, including, but not limited to, bookkeeping, technical skills, grant writing, other training needs and certifications, and assistance with the establishment of farming cooperatives. History: Added Feb. 2, 2023, No. 8700, § 1(a), Sess. L. 2023, p. -.

Persons sixty (60) years of age or older, as verified by a senior citizen I.D. card issued by the Virgin Islands Department of Human Services, or a Real ID card issued in compliance with the Real ID Act of 2005, 49 U.S.C. §30301 - Notes, who are domiciliaries of the Virgin Islands for not less than one year, shall be entitled to enroll, attend, audit, or take for credit, provided they qualify, any class or course of study at the University of the Virgin Islands free of charge on a space available basis, provided that priority shall be given to those persons enrolled in programs administered by the Department of Human Services. History: Added Aug. 19, 1988, No. 5358, § 1, Sess. L. 1988, p. 207; amended June 21, 2017, No. 7988, § 4, Sess. L. 2017, p. 12.

the Virgin Islands (a) There are hereby established the Virgin Islands Valedictorian and Salutatorian Scholarships to the University of the Virgin Islands. (b) Each student graduating from a secondary high school or the Adult Continuing Education Program as Valedictorian or Salutatorian shall automatically be awarded a four (4) year scholarship to the University of the Virgin Islands which shall entitle the student to fees, which for purposes of this section, includes tuition, textbooks and room and board for the duration of the scholarship provided, however, that the student has filed an application with the University no later than June 30th of the year in which he enters the University, and provided further that the student passes the placement tests administered by the University upon entrance to the University. In addition, the student shall receive an annual stipend to cover miscellaneous expenses in an amount to be determined by the Board of Trustees of the University. (c) The President of the University of the Virgin Islands shall administer the scholarships. The University shall receive an annual appropriation from the Virgin Islands Government in an amount sufficient to fund the scholarship program established under this section. (d) Each student must maintain a cumulative grade point average of 3.25 and perform a minimum of 10 hours of community service per semester in order to maintain the scholarship. Each student shall provide verification of the completion of the required community service hours during registration at the beginning of each semester. Beginning with the 1998-1999 academic year, the student will be placed on scholarship probation when his cumulative grade point average falls below 3.25. Failure to maintain a 3.25 cumulative grade point average after this probationary period will result in immediate termination of the scholarship. (e) The student shall accept the scholarship and begin matriculation at the University of the Virgin Islands no later than the fall semester one year after graduation from high school. Any person accepting a scholarship under the provisions of this chapter shall be required to attend the University of the Virgin Islands as a full-time student for the duration of the scholarship. If the student transfers to another college or university, or leaves the University of the Virgin Islands, the scholarship will automatically terminate. (f) The President may reduce the amount of individual Valedictorian and Salutatorian scholarships to an amount which, when combined with other grants, equals the amount needed for tuition, room and board, books and supplies, fees and stipend at the University of the Virgin Islands as provided by this act. (g) Any person granted a scholarship under the provisions of this section shall be required, as a prior condition to receiving such scholarship, to execute an agreement or other binding commitment to the effect that he or she will accept employment within the Virgin Islands for three (3) years, or portion thereof, as the person shall have pursued education and training under such scholarship; provided, however, employment is available in a field which bears some relationship to the recipient's course of study. If the recipient fails to comply with the provisions of this subsection, and a position is available in a field which bears some relationship to the recipient's course of study, the scholarship grant will revert to a loan, payable at the interest rates which prevail at the time the scholarship was granted. (h) Any student receiving a scholarship under the provisions of this section must be a U.S. citizen or a permanent resident of the United States as determined by federal immigration statutes and regulations. History: Added Aug. 19, 1993, No. 5885, § 1, Sess. L. 1993, p. 205; amended Oct. 13, 1993, No. 5897, § 11, Sess. L. 1993, p. 253; Oct 13, 1994, No. 6028, § 4, Sess. L. 1994, p. 223; May 29, 1998, No. 6233, § 4, Sess. L. 1998, p. 335; amended July 30, 2016, No. 7891, § 6, Sess. L. 2016, p. 121; amended Sept. 25, 2020, No. 8388, § 2, Sess. L. 2020, p. 227.

Scholarship Program; Established (a) There is established within the University of the Virgin Islands the University of the Virgin Islands Congressional Internship Scholarship Program to provide Virgin Islands college students with an integrated academic and work experience in the congressional offices and other agencies in Washington, D.C. to prepare themselves for lives of achievement and civic engagement. (b) (1) The Congressional Internship Scholarship is open to college students at the undergraduate level who have completed at least half of the needed requirements for a Bachelor's Degree, and to post- graduate level students attending institutions of higher learning located in the Virgin Islands. (2) Scholarship recipients are selected on the basis of academic achievement meeting any prerequisite courses of study as may be prescribed by the committee, leadership ability, community service, career goals and such other criteria as the scholarship committee may establish pursuant subsection (d). (c) The University of the Virgin Islands shall affiliate with The Washington Center for Internships and Academic Seminars and establish specific guidelines for the students' participation in Washington Center programs. Any affiliation agreement between the University of the Virgin Islands and the Washington Center must address the awarding academic credit arrangements for billing and the application process. (d) The President of the University of the Virgin Islands shall assign a faculty member to serve as a liaison to The Washington Center and shall appoint a committee to develop and administer the scholarship program, including: (1) establishing application procedures; (2) establishing additional eligibility criteria; (3) determining the amount and type of academic credits awarded upon completion of the internship; (4) recruiting and preparing participants for internships; (5) planning for funding financial assistance and scholarships for the Congressional Internship Program; (6) promoting the program within the public and private institutions of higher education in the Virgin Islands and any governmental agency and any charitable foundation; (7) applying for and accepting advances, loans, grants, contributions, gifts, donations, appropriation of funds and other forms of financial assistance from the federal government; from the Government of the Virgin Islands or from any source, public or private, for the purposes of this section; and (8) Performing such other duties as required in implementing the internship program. (e) The University of the Virgin Islands shall provide salary and stipends for lodging and transportation during a maximum of four months of full-time work in a Washington Center Internship. (f) The University of the Virgin Islands shall award program participants academic credits for successful completion or Congressional internships. (1) All money in the Fund must be used exclusively to provide scholarships to The Washington Center Congressional Internship Program, and must be disbursed upon authorization of the University. (2) The Fund consists of all sums appropriated from time to time by the Legislature, the proceeds of fundraising conducted by the scholarship committee established in section (d), all grants, loans contributions gifts, donations, and other forms of financial assistance from the federal government; from the government of the Virgin Islands or from any source, public or private. History: Added Dec. 28, 2011, No. 7339, § 1, Sess. L. 2011, pp. 337-339.

The purposes and objectives of this chapter are declared to be the development of a technology sector in the Virgin Islands to promote the economic growth, development and diversification of the Virgin Islands and the broadening of the capabilities of the University of the Virgin Islands, including the training of University of the Virgin Islands students through the creation and transfer of technology from campus- based research centers and their related technical and communications infrastructure to the marketplace, with the support of a research environment which combines the resources of the University of the Virgin Islands, the public sector, private industry, and the human and economic resources available in a progressive community. To this end, it is the policy and determination of the duly elected representatives of the people of the Virgin Islands that: (a) Certain benefits be made available for the development and expansion of business activities in one or more Research and Technology Parks established by the Government of the Virgin Islands as are determined, pursuant to this chapter, to be in the public interest of the Virgin Islands. (b) There be established by the Government of the Virgin Islands a Research and Technology Park Corporation, as a public corporation and autonomous governmental instrumentality of the Government of the Virgin Islands with the power to acquire, operate and improve one Research and Technology Park, with the initial thrust of development on the island of St. Croix, in order to provide suitable sites for the location of research businesses, technology-based businesses and agricultural research businesses in the Virgin Islands. The Research and Technology Park shall constitute optimum usage of property owned or leased by the University of the Virgin Islands and made available to the Virgin Islands Research and Technology Park Corporation, or property owned by the Corporation. (c) The Corporation shall provide facilities for the development or incubation of new, start-up, knowledge- based businesses and related businesses. (d) The Corporation promote scientific research and development in affiliation with and related to the research and development activities of the University of the Virgin Islands and that the Corporation enhance the University of the Virgin Islands' missions of teaching, research, and public service, and provide for the financial support of the University of the Virgin Islands under such terms and conditions as may be prescribed by the Board of Trustees of the University of the Virgin Islands. (e) The Corporation shall partner with the University of the Virgin Islands to develop and offer research and technology education, training and internships to residents of the Virgin Islands in order to qualify residents for jobs created by Park businesses. (f) Such Corporation shall contribute to the formation of a technology community which will enhance the economic development and broaden the economic base of the Virgin Islands. (g) Such Corporation shall provide an environment that will encompass commercial facilities that serve the needs of the Knowledge-Based Business in the Research and Technology Park. (h) The Corporation may finance and refinance capital projects related to the establishment and operation of one or more Research and Technology Park sites in the Virgin Islands, including facilities that complement or encourage the complete operation thereof. (i) Such Corporation shall promote the hiring of Residents of the Virgin Islands and the purchase of goods, materials, and supplies from Virgin Islands residents, firms and corporations by businesses located in the Research and Technology Parks or Parks. (j) The Corporation shall complement the Economic Development Program established under Title 29, chapter 12 of this Code and the Farmers, Fishermen and Consumers Assistance Program established under Title 7, chapter 13 of this Code and shall establish close liaison, cooperation and coordination with the Economic Development Authority and the Department of Agriculture in connection therewith. (k) Every Electronic Business, Knowledge-Based Business, and Person, as defined in section 482 of this chapter, and the University of the Virgin Islands Research and Technology Park shall be subject to the laws and the Rules and Regulations of the Virgin Islands. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 214.

This chapter shall be known and may be cited as the "University of the Virgin Islands Research and Technology Park Corporation Act." History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 216.

As used in this chapter and chapter 42 of this title unless the context requires otherwise, the following words shall have the meaning set forth in this section: (a) "Corporation" means the University of the Virgin Islands Research and Technology Park Corporation created by this chapter. (b) "Board" means the governing board of the Corporation. (c) "Board of Trustees" means the Board of Trustees of the University of the Virgin Islands. (d) "Bonds" means the bonds, temporary bonds, refunding bonds, debentures, notes, interim bonds, receipts, certificates, certificates of participation or other evidences of indebtedness or obligations authorized to be issued pursuant to this chapter. (e) "Electronic Commerce" or "e-Commerce" means transacting or facilitating business or providing the means to transact or facilitate business on a communications network including, but not limited to the Internet. "Electronic Commerce Business" or "e-Commerce Business" means any business whose revenues derive primarily from intellectual property, collaboration services, applications, or transactions that leverage communications networks or utilization of communications networks is central rather than incidental to the business. The term includes, by way of example only, any business that provides one or more of the following services: on-line marketing; reputation management; web hosting; medical and other record or data storage and processing; social media; on-line travel, on-line registration products or services; on-line subscription services; GPS tracking technology; mobile applications; on-line game; digitally delivered newsletters; banner ads or text ad marketing; software as service; enhanced call routing, call reporting and IVR services. (f) "Existing Business" means any entity that was obligated to obtain a business license in the Virgin Islands for at least one year prior to application and was obligated to file Virgin Islands gross receipts tax returns, including any new entity formed by, or an affiliate of. an Existing Business. For the purposes of this section, "affiliate" means an entity that is controlled by, controlling or under common control by another Existing Business. (g) "Holder of bonds" or "bondholders" or any similar term means any person who is the bearer or the registered owner of any outstanding bond or bonds registered to bearer, or not registered, or the registered owner of any outstanding bond or bonds which at the time shall be registered other than to bearer. (h) "Incubator Business Tenant" means a knowledge-based business in its startup phase which receives hands-on management assistance, access to financing and orchestrated exposure to critical or technical support services from Research and Technology Park tenants. (i) "Knowledge-Based Business" includes, but is not limited to any business that uses highly skilled/highly educated personnel and a high level of research and development to create intellectual assets and property and to be innovative in their products, services or processes as a significant source of value and competitive advantage. Knowledge-Based Businesses as defined in this chapter specifically includes research businesses, information technology businesses, e-commerce businesses, electronic hosting facilities, agricultural research, and electronics businesses. This definition is applicable only to those Knowledge-Based Businesses that may reside in the Research and Technology Parks. (j) "Person" means any individual, firm, corporation, partnership, or other entity. (k) "Research and Technology Park" means real property owned or leased by the University of the Virgin Islands in the Virgin Islands which has been leased to the Research and Technology Park Corporation by the University's Board of Trustees pursuant to a resolution adopted at a duly constituted meeting of the Board, which resolution, proclamation, or order shall include a detailed legal description of the area to be included in the Research and Technology Park and any real property owned by the Research and Technology Park Corporation or leased from any other party. The term includes all lease, contract, access or license rights acquired by or utilized by the Park or the Protected Cell Corporation or the Park's strategic partners in and to data processors, servers and similar electronic systems, broadband access rights, telecommunications services and facilities, data transfer lines or radio equipment and the like, which constitute the data cloud of the Park and Tenants accessing or otherwise utilizing the Park cloud principally from the Virgin Islands shall be considered to be operating and residing in the Park for all purposes. (l) "Research and Technology Park project" or "project" means: any building, whether or not in existence or under construction or other improvement; purchase of an existing building; refinancing of an existing building in order to facilitate substantial improvements thereto; or real estate improvements, including remodeling and refurnishing of or adding to existing property or both, and, if a part thereof, the land upon which it is located, and all real property deemed necessary to its use. (m) "Research and Technology Park Support Business" means accounting firms, law firms, banks, and other service providers and businesses that will complement the activities of the Research and Technology Park, but shall not include any businesses that are eligible for any tax benefits in connection with their location in the Research and Technology Park. (n) "Resident of the Virgin Islands" means (1) any United States citizen domiciled in the Virgin Islands for one (1) year or more as verified by using the date of issuance information from a W-2 form, a voter registration card, a permanent resident card, a Virgin Islands driver's license, or such other means as shall be set forth in rules and regulations promulgated pursuant to section 486(cc) of this chapter. (2) a person who has attended a school in the Virgin Islands for at least six (6) years or is a Virgin Islands high school or University of the Virgin Islands graduate and who is registered to vote in the Virgin Islands; or (3) any "Native Virgin Islander" defined as any person born in the Virgin Islands, any person who is an offspring of a parent born in the Virgin Islands, or any person born outside the Virgin Islands to a Native Virgin Islands parent while that parent was studying abroad, employed abroad, or in active military service; or (4) the holder of an alien registration receipt card (United States Department of Justice Form No. 1- 151) domiciled in the Virgin Islands for one (1) year or more. (o) "Virgin Islands" means the unincorporated Territory of the United States Virgin Islands. (p) The term "Single Source Solution" means the adoption of policies and practices that would anticipate the needs of technology businesses for rapid response and delivery, and the creation of arrangements among public sector departments and agencies, and private sector partners and service providers which would make it possible for technology companies to have available to them, in a single place, and on a one- stop shopping basis, the services they need to carry out their business operations successfully, thereby creating and promoting a client-oriented, business-friendly, enabling environment for the development of the technology sector in the Virgin Islands. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 216; amended June 18, 2014, No. 7632, § 4(1)-(3), Sess. L. 2014, p. 172, 173; amended July 15, 2014, No. 7635, § 1, Sess. L. 2014, p. 189, 190.

There is hereby created the University of the Virgin Islands Research and Technology Park Corporation, hereinafter referred to as the Corporation, which shall be a body corporate and politic constituting a public corporation and autonomous governmental instrumentality of the Government of the Virgin Islands. Its debts, obligations, contracts, bonds, receipts, expenditures, funds, accounts, projects and property shall be those of the Corporation, and not those of the Government of the Virgin Islands, or the University of the Virgin Islands, or any office, bureau, department, commission, officer, agent or employee of the Government of the Virgin Islands or the University of the Virgin Islands. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 219.

The corporate purposes of the Corporation shall be the same as those purposes set forth in section 480 of this chapter. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 220.

(a) Composition. The powers of the Corporation shall be exercised by a seven member Board of Directors. (1) The Board of Directors shall consist of: (A) the Chairman of the Board of Trustees of the University of the Virgin Islands and the President of the University of the Virgin Islands as ex-officio members with a vote; (B) two members selected by the Board of Trustees from among its members with the advice and consent of the Legislature; and (C) three members from the private sector appointed by the Governor with the advice and consent of the Legislature"; (2) The member of the Board selected from among the Trustees must be a trustee at the time of the appointment to the Board of the Research Park, but is not required to be a trustee as a condition of continued service on the Board of the Research and Technology Development Park, provided however, that such continued service may not exceed six months beyond the date the member's service on the Board of Trustees has ended. (3) The Secretary of the Board of Trustees shall serve as the Secretary of the Board. The Secretary shall be empowered, along with such other Corporation officers as the Board may designate, to affix the corporate seal. (b) Terms. Each member of the Board appointed by the Governor shall serve at the pleasure of the Governor up to a maximum term of five (5) years. Each member of the Board selected from among the Trustees shall serve at the pleasure of the Board of Trustees until their successor is appointed. (c) Chairman of the Board. The Chairman of the Board shall be elected by the Board of Directors, and shall serve for a period of two years. (d) Quorum. Five members of the Board shall constitute a quorum for the transaction of all business to be conducted at a meeting of the Board and all action shall be taken by a vote of a majority of those present at such a meeting, unless otherwise provided herein. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 220; amended Mar. 5, 2005, No. 6726, § 16, Sess. L. 2005, p. 4; amended Jan. 20, 2017, No. 7959, § 1(a)-(c), Sess. L. 2016, p. 298.

The Board of Directors shall have the following powers and duties to effectuate the purposes of this chapter, including but without limiting the generality of the foregoing: (a) To do any and all things permitted under the laws of the Virgin Islands to effectuate the purposes of this chapter and chapter 42 of this title; (b) To sue and be sued; (c) To adopt, alter and use a corporate seal that shall be judicially noticed; (d) To adopt, amend and repeal by-laws not inconsistent with this chapter, providing for the internal organization and management of the Corporation, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Corporation; (e) To use and develop property of the University of the Virgin Islands, subject to such lease or contract terms and conditions as the University shall require in order to provide direction and guidance to the Board and management of the Corporation relating to the University's property including matters as, but not limited to, permitted uses, planning, construction, financing, permitting, rental, and development; (f) To make contracts and agreements with any public or private corporation, partnerships or individuals and to execute all instruments necessary or convenient in the exercise of any of its powers; (g) To acquire property, real, personal, or mixed, tangible or intangible, or any interest therein deemed by it to be necessary or desirable for carrying out the purposes of acquisition, construction, reconstruction, improvement, maintenance, preservation or furnishing of one research and technology development park project of the Corporation or otherwise to dispose of said property by any lawful means, and to own, hold, develop, improve, redevelop, repair, maintain, use and operate said property; (h) To sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber, any real or personal property owned by the Corporation; (i) To borrow money and contract debts for its corporate purposes upon such terms and conditions as the Corporation may from time to time determine, with or without security, to dispose of its obligations evidencing such borrowing and contracting of debt and to make, execute and deliver trust indentures and other agreements with respect to any such borrowing and contracting of debt; (j) To lend the proceeds of bonds or other money to, or to apply proceeds of bonds or other money to purchase bonds issued by, the Government of the Virgin Islands or any agency, instrumentality, commission, authority, or political subdivision of the Virgin Islands, such loans or bonds to be secured in such manner as the Corporation shall determine; (k) To accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with any federal agency, the Government of the Virgin Islands, or political subdivisions thereof, and to expend the proceeds of any such grants or loans for any of its corporate purposes; (l) To invest its funds in direct obligations of the United States or obligations guaranteed as to both principal and interest by the United States; in obligations of any state, territory, possession or commonwealth of the United States or of any agency, instrumentality, commission, authority or other political subdivision of the United States or any state, territory, possession or commonwealth of the United States; in obligations of the Government of the Virgin Islands, or obligations guaranteed as to both principal and interest, by the Government of the Virgin Islands; in obligations of any agency, instrumentality, commission, authority, or other political subdivision of the Virgin Islands; in obligations of international banking institutions; in obligations issued, or the principal of and interest on which are unconditionally guaranteed, by any agency or instrumentality of or corporation wholly owned by the United States; in repurchase agreements or investment contracts with, or bank acceptances or bank time deposits evidenced by certificates of deposit; (m) To appoint officers and agents, to prescribe their qualifications, to fix their compensation and to pay the same out of funds of the Corporation and to retain and employ private consultants and attorneys for professional and technical assistance and advice; (n) To grant an option to renew any lease with respect to any Research and Technology Park project; (o) To make loans to any public or private corporation, partnership or individual with respect to any project in order to effectuate the purposes of this chapter; (p) To accept grants of real and personal property; (q) To accept and carry out federal grant programs with approval of the Legislature and the Governor; (r) To publish an annual statement of condition in the same detail as required by national banks; (s) To enter into collective bargaining agreements with employees of the Corporation; (t) To hold regularly scheduled meetings; (u) To acquire and use trademarks and trade names in accordance with applicable federal and territorial law; (v) To provide Research and Technology incentives to businesses meeting certain criteria as set out in section 490A(b) of this chapter. (w) To promote and publicize the Research and Technology Park Corporation Act, including preparing, purchasing, and distributing by mail, the internet, and other means, materials concerning the Research and Technology Park; (x) To request and obtain such accounting, legal, engineering, or scientific services as it deems necessary to effectuate the property administration of this Chapter; (y) To coordinate with Federal and Virgin Islands Government agencies to streamline permit and license application procedures for businesses located in the Research and Technology Park as appropriate; (z) To establish such reporting requirements as it may require of businesses in the Research and Technology Park; (aa) To apply, or work with businesses in the Research and Technology Park to apply for federal and territorial grants, loans, and service that can benefit business in the Research and Technology Parks; (bb) To monitor enterprises that are established in or relocated to a Research and Technology Park; (cc) To prepare and promulgate such rules and regulations as may be necessary to effectuate the provisions of this chapter; (dd) To develop a web site of Knowledge-Based Businesses operating in the Virgin Islands, including Electronic Commerce Businesses, and to seek ways to coordinate the recruiting, marketing, research, internships, synergies with the University of the Virgin Islands, and other aspects of such businesses; (ee) To qualify businesses meeting certain pre-defined criteria for location within the Research and Technology Park and benefits pursuant to sections 490B and 490C of this chapter; (ff) To acquire, own or possess property by lawful means whether real, personal or of any other nature whatsoever, or any interests in the same, by bequest, devise, gift, purchase or lease, either absolutely or in trust, for any of its purposes, and to use, sell, improve, manage, develop, lease, mortgage, dispose of, or otherwise turn to account or deal with all or any part of its property for such purposes; (gg) To foster the development of employment and training opportunities for the residents of the Virgin Islands; (hh) To develop a schedule of fees, and other charges, as applicable, for services provided, and penalties for failure to meet designated requirements by Research and Technology Park tenants; (ii) To ensure that the Corporation provides for the financial support of the University of the Virgin Islands pursuant to terms and conditions prescribed by the Board of Trustees of the University of the Virgin Islands; (jj) To do all acts or things necessary or convenient to carry out the powers granted to it by this chapter or by any other act of the Legislature of the Virgin Islands. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 221.

The Board may appoint an Executive Director of the Corporation, who shall have the following powers and duties: (a) To hire and remove employees of the Corporation for cause; (b) To be responsible for the general administration of the Corporation; (c) To have such other powers and duties as the Board may deem proper. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 225.

The purposes for which the Corporation is created and shall exercise its powers being essential public purposes, the Corporation, its property, income and activities, shall be exempt from all taxes, special assessments and license fees of the Virgin Islands or any political subdivision thereof. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 225.

and Conditions (a) Pursuant to the authority of the Government of the Virgin Islands under section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, the Corporation is hereby granted the power to issue and sell bonds from time to time and have outstanding at any one time, exclusive of bonds issued solely for the purpose of exchanging or refunding the same in return for the cancellation of bonds, either issued by the Corporation or assumed by it, bonds not in excess of fifty million ($50,000,000) dollars, in aggregate principal amount; provided, however, that refunding of the issue, solely for the purpose of applying the proceeds thereof to the payment for or purchase of, bonds issued by the Corporation or assumed by it, shall not be included in computing any such limitation. (b) Payment of the bonds of the Corporation may be secured by a pledge, lien or mortgage on all or any part of its properties, contracts, fees, revenues, other income or bond proceeds to which the right of the Corporation then exists or may thereafter come into existence or by pledge of or lien on any loan, grant, or contribution, or parts thereof from any federal agency, the Government of the Virgin Islands, or any other source. It is the intention of this chapter that any such pledge, lien or mortgage of revenues or other monies or profits, or of a revenue-producing contract or contracts made by the Corporation to secure bonds or any other obligations of the Corporation shall be valid and binding from the time when the pledge, lien or mortgage is made; that the revenues, or properties, or other monies or proceeds of any contract or contracts so pledged and thereafter received by the Corporation shall immediately be subject to the lien of such pledge, lien or mortgage without any physical delivery thereof or further act; and that the lien of any such pledge, lien or mortgage shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Corporation irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge, lien or mortgage is created need be recorded. (c) In accordance with section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, the bonds of the Corporation shall be exempt as to principal and interest from taxation by the Government of the United States, or by the Government of the Virgin Islands, or by any state, territory, or possession, or by any political subdivision of any state, territory or possession, or by the District of Columbia. (d) Bonds of the Corporation shall be authorized by resolution or resolutions of the Board, and shall comply with all pertinent provisions of the Revised Organic Act of the Virgin Islands, as amended, or such other provisions of applicable federal law as may be in effect at the time. Except as otherwise provided for by said Act or other federal law, bonds of the Corporation may be issued from time to time, in one or more series and shall bear such date or dates, mature in such amounts and at such time or times, be non-interest bearing or bear interest at such rate or rates payable currently or compounded, including rates that vary in accordance with a formula or procedure set forth or referred to in the bonds, or including the use of an interest rate exchange agreement, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed by such members of the Board of Directors or officers of the Corporation in such manner, be payable in such medium of payment, at such place or places, may be declared or become due at such time before the maturity date thereof, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants as such resolutions or its trust indenture may provide. (e) The bonds shall be sold in such manner as permitted by the Revised Organic Act of the Virgin Islands, as amended, or other applicable federal law, at such price as the Corporation may determine. (f) In case any of the members of the Board of Directors or officers of the Corporation whose signatures appear on any bonds or coupons shall cease to be such members or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such members or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued by the Corporation pursuant to this chapter shall be negotiable for all purposes, subject to the provisions of bonds for registration. (g) Neither the members of the Board of Directors of the Corporation nor any person executing the bonds shall be liable personally on the bonds or be subject to any liability by reason of the issuance thereof. (h) In any suit, action or proceeding involving the validity or enforceability of any bond of the Corporation or the security thereof, any such bond reciting in substance that it has been issued by the Corporation to aid in financing a Research and Technology Park project as defined in this chapter, shall be conclusively deemed to have been issued for such purpose and the project shall be conclusively deemed to have been undertaken, constructed or acquired in accordance with the provisions of this chapter. (i) The Corporation shall have power from time to time and whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose described in this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (j) Except as may otherwise be expressly provided by the Corporation, the bonds of every issue shall be special obligations of the Corporation payable solely from revenues derived from the leasing, sale or other disposition of a Research and Technology Park project or moneys received pursuant to a loan agreement, subject only to any agreements with holders of particular bonds pledging any particular moneys or revenue. (k) The Corporation shall, prior to the issuance or selling of any bonds under this section, contact the Public Finance Authority and determine the feasibility of having the Public Finance Authority issue the bonds on its behalf alone or in conjunction with any other issuance of bonds within its scope of authority, or of obtaining financing from the Public Finance Authority in lieu of or in addition to the direct issuance or selling of bonds by the Corporation. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 225.

Revenue Bonds In any resolution or resolutions authorizing the issuance of bonds, the Corporation may contract with the holders of bonds to undertake and obligate itself by such commitments, as long as the bonds are outstanding and unpaid, as are deemed by the Board to be necessary and appropriate for the protection of the bondholders and the marketability of the bonds, and specifically in addition to any other provisions, may: (a) covenant as to the disposition of the revenues and present or future income of the Corporation received from the lease, sale or their disposition of a project or moneys received under a loan agreement, including the pledging of all or any part thereof and the mortgaging of all or any part thereof and the mortgaging of a project to secure payment of the bonds and the interest thereon; (b) covenant against making, permitting or suffering any pledge, mortgage or other lien on all or any part of its receipts, revenues or other income, or real or personal property, to which its right or title then exists or may thereafter come into existence; covenant with respect to limitations on any sale, lease or other disposition of the Corporation's property or any part or parts thereof; and covenant as to what other or additional debts or obligations may be incurred by it; (c) covenant as to the bonds then or thereafter to be issued, as to the issuance of such bonds in escrow or otherwise, as to the use and disposition of the proceeds thereof, and as to the limitations on the issuance of additional bonds; covenant against extending the time for the payment of its bonds or interest thereon; covenant for redemption of the bonds and provide for the terms and conditions thereof; (d) covenant as to the rates, fees, rentals and other charges to be fixed and collected, the amount to be raised each year or other period of time thereby, and as to the use and disposition to be made thereof; (e) create or authorize the creation of special funds or reserves for monies held for construction or operating costs, debt service, reserves, or other purposes; and covenant as to the use, disposition and investment of the monies held in such funds; (f) covenant as to the use, maintenance and replacement of any or all of its real or personal property, the amount and kind of insurance to be carried thereon and the use and disposition of insurance monies; (g) prescribe the procedure, if any, by which the terms of the bonds, resolution, or any other contract with the bondholders may be modified, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given; (h) covenant as to and prescribe the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; (i) covenant as to the rights, liabilities, powers and duties arising upon the nonperformance by the Corporation of any of its covenants, conditions, or obligations, including the right and remedies of bondholders which may be in addition to remedies specified in this chapter; (j) vest in a trustee or trustees the right to enforce the payment of the bonds or any covenants securing or relating to the bonds and the right, in the event of a default by the Corporation, to take possession of and use, operate and manage the projects of the Corporation or any part or parts thereof or any funds connected therewith, except funds loaned or granted to the Corporation by the Government of the Virgin Islands, and to collect the rates, fees, revenues, or other income arising therefrom and to dispose of such moneys in accordance with the agreement of the Corporation with the holders of the bonds; to provide for the powers and duties of such trustee or trustees, which may be a national banking association or a bank or trust company organized under the laws of the United States or of the Virgin Islands or any state, commonwealth or territory of the United States, and limit the liabilities thereof; and to provide the terms and conditions upon which the holders of the bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds; (k) exercise all or any part or combination of the powers herein granted; make covenants and do any and all such acts and things not inconsistent with this chapter as may be necessary and desirable in order to secure its bonds, or as may tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein; and (l) prescribe the terms upon which additional bonds may be issued. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 228.

(a) The Corporation is authorized to covenant for foreclosure of any of its projects upon default as hereinafter set forth in subsections (b) and (c) of this section inclusive, or to limit such right by definition of default or otherwise, in its agreement with the bondholders. (b) In the event that the Corporation shall default in the payment of the principal of, or interest on, any of its bonds after the same shall become due, whether it be a default in the payment of the principal and interest or in the payment of interest only at maturity or upon call for redemption, or in the event that the Corporation or the Board, officers, agents or employees thereof shall default on any agreement made with the holders of the bonds, any holder or holders of the bonds, subject to any contractual limitation as to a specific percentage of such holders, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to any court of competent jurisdiction in the Virgin Islands for the foreclosure of any of its projects with respect to which bonds are in default and the income or revenues of which are pledged to the payment of the bonds so in default, whether or not all the bonds have been declared due and payable and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right or to exercise any remedy in connection with such bonds subject to agreements with bondholders contained in any resolution or trust indenture securing the bonds. (c) Upon such foreclosure, the trustee or his agents and attorneys, may enter into and upon and take possession of such project and may exclude the Corporation, its Board, officers, agents, and employees and all persons claiming to represent them, wholly there from and shall have, hold, sell, use, operate, manage and control the same, and, in the name of the Corporation or otherwise, as the trustee may deem best, shall exercise all the rights and powers of the Corporation with respect to such project as the Corporation itself might do. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 230.

(a) Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustees therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated- (1) by mandamus or other suit, action, or proceeding at law or in equity, to compel the Corporation and its Board, officers, agents, or employees to perform and carry out its and their duties and obligations under this chapter and its and their covenants and agreements with bondholders; (2) by action or suit in equity, to require the Corporation and the Board thereof to account as if they were the trustee for an express trust; (3) to declare the bonds immediately due and payable; (4) by action or suit in equity, to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and (5) to bring suit upon the bonds. Subject to any agreements with bondholders, no remedy conferred by this chapter upon any holder of the bonds or any trustee therefor, is intended to be exclusive of any remedy, but each such remedy is cumulative and in addition to every remedy, and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. No waiver or any default or breach of duty or contract, whether by any holder of the bonds, or any by trustee therefor, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any bondholder or any trustee therefor to exercise any right or power accruing upon default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the holder of the bonds may be enforced and exercised from time to time as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the holder of the bonds, or any trustee therefor; then and in every such case the Corporation and such holder, or such trustee, shall be restored to their former positions and rights and remedies as if no such suit, action or proceeding had been brought or taken. (b) The faith and credit of the Government of the Virgin Islands shall not be pledged for the payment of the principal and interest of the bonds, and there shall be on the face of each bond a statement plainly worded to that effect. The Corporation has no taxing power and its obligations are not debts of the Government of the Virgin Islands or any political subdivision of the Virgin Islands. No holder of the bonds shall have the right to compel any exercise of the taxing power of the Government of the Virgin Islands to pay the principal of or interest on the bonds. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 231.

Or Private Funds (a) The bonds of the Corporation are hereby made securities in which all public officers and bodies of the Virgin Islands and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the Corporation, may properly and legally invest funds including capital in their control or belonging to them. (b) The bonds are also hereby made securities that may be deposited with and shall be received by all public officers and bodies of the Virgin Islands and all agencies, instrumentalities, commissions, authorities, and political subdivisions thereof, for any purpose for which the deposit of bonds or other obligations of the Corporation is now or may hereafter be authorized. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 232.

All property of the Corporation, including funds, shall be exempt from judicial process of every kind, including, without limitation, attachment, levy, execution and sale by virtue of an execution, and no judgment shall be a lien or charge upon its property or funds; provided, that the provisions of this section shall not apply to or limit the right of obligees of the Corporation to foreclose or otherwise enforce any mortgage or other security of the Corporation or to pursue any remedies for the enforcement of any lien or pledge given by the Corporation upon its revenues, or to the right of the Federal Government to pursue any rights conferred upon it by federal law, any contract, or the provisions of this chapter. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 233.

The Government of the Virgin Islands is authorized to and does hereby pledge to and agrees with the holders of the bonds or notes that the Government of the Virgin Islands will not limit or alter the rights, hereby vested in the Corporation to acquire, construct, reconstruct, improve, maintain, equip and furnish the project or projects, to establish and collect rentals, fees and other charges and amounts and to fulfill the terms of any agreements made with the holders of the bonds and notes or in any way impair the rights and remedies of the bondholders or note-holders until the bonds or notes, together with the interest thereon, with interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceeding by or on behalf of the bondholders or note-holders, are fully met and discharged. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 233.

Islands Not Liable On Bonds Or Notes The bonds or notes and other obligations of the Corporation shall not be a debt of the Government of the Virgin Islands or the University of the Virgin Islands, and neither the Government of the Virgin Islands nor the University of the Virgin Islands shall be liable thereon, nor shall they be payable out of any funds other than those under the resolution of the Corporation authorizing such bonds or notes. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 234.

Whenever the Corporation lacks the express power to perform an act consistent with the purposes set forth in this chapter, the Corporation may do or perform such act where authorized under the general corporation laws of the Virgin Islands. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 234.

The Corporation shall obtain an independent certified audit annually for transmittal annually to the Governor, the Legislature and the Board of Trustees of the University of the Virgin Islands. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 234.

The existence of the Corporation shall be perpetual. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 234.

The Corporation may be wound up and dissolved by an act of the Governor and the Legislature, with assets subject to any agreements that the Corporation may have entered into, reverting to the University of the Virgin Islands upon satisfaction of all obligations to bondholders. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 234.

the Government Insurance Fund, Health Insurance Fund and Unemployment Insurance Fund; Contributions to Tiaa/cref (a) The Corporation shall: (1) Contribute to the Government Insurance Fund, on the basis of annual billings, as determined by the Commissioner of Finance, for the benefit payments made from such fund on account of the Corporation's employees. The annual billings shall also include a statement of the fair portion of the cost of the Government Insurance Fund, which shall be paid by the Corporation into the Treasury of the Virgin Islands as miscellaneous receipts; (2) Make contributions, pursuant to Title 3, section 638, of this Code, to the cost of premium or subscription charges for employee health insurance coverage under subchapter VIII of Title 3 ofTitle 3ode; (3) Be deemed an employing unit for purposes of unemployment insurance, as defined in Title 24, section 302(q)(1), of this Code, and the Corporation shall make payments to the Unemployment Insurance Subfund and the Unemployment Insurance Administration Subfund in lieu of contributions in the same manner provided for the Government of the Virgin Islands by Title 24, section 308(d), of this Code. (b) All employees who hold permanent positions at the Corporation shall be covered in accordance with the provisions of the Employees Retirement System of the Government of the Virgin Islands; provided that teaching, administrative faculty and other personnel of the University who are also employees of the Corporation who are eligible for coverage by the Teacher's Insurance and Annuity Association or other similar retirement systems may either join the Government Employees Retirement System or the Teacher's Insurance and Annuity Association or other similar retirement system, or if such an employee has prior credited service in the Government Employees Retirement System, he may upon employment with the Corporation elect to remain in the Government Employees Retirement System or join the Teacher's Insurance and Annuity Association or other similar retirement systems. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 235.

(a) The Research and Technology Park will have the following categories of tenants: Beneficiaries of the Virgin Islands' Economic Development Program pursuant to Title 29, chapter 12 of this Code; Beneficiaries of the Farmers, Fishermen and Consumers Assistance Program pursuant to Title 7, chapter 13 of this Code, the Research and Technology Park Cell Corporation pursuant to chapter 42 of this title, other Knowledge- Based Businesses as defined in section 482(h) of this chapter, and Support Businesses as defined in section 482(l) of this chapter. The Board of Directors of the Corporation shall have the exclusive right and authority to negotiate with such businesses as to the terms of their leases and all other aspects of their tenancy in a Research and Technology Park subject to the terms and conditions in the Corporations lease or leases from the University of the Virgin Islands and the Board of Directors. (1) Beneficiaries of the Virgin Islands Economic Development Program and Beneficiaries of the Farmers, Fishermen and Consumers Assistance Program shall be eligible to apply to become tenants in one of the Research and Technology Parks established pursuant to this chapter, and the Board of Directors of the Corporation shall have the exclusive right and authority to negotiate with the beneficiaries as to the terms of their lease and all other aspects of their tenancy in a Research and Technology Park. In determining whether a beneficiary shall be located in one of the Research and Technology Parks, the Corporation shall evaluate such factors as whether the beneficiary hires or is committed to hiring students, faculty, and graduates of the University of the Virgin Islands, whether the beneficiary's existence in the Research and Technology Park will otherwise enhance the University of the Virgin Islands' mission of teaching, research, and public service, whether the beneficiary has contributed or will contribute funds, services, or materials to the University of the Virgin Islands, and generally whether such synergies exist between the beneficiary and the University of the Virgin Islands so that the beneficiary is an appropriate tenant for a Research and Technology Park. (2) The Research and Technology Park Cell Corporation as established in chapter 42 of this title schapter 42de Knowledge-Based Businesses with a cell of such corporation, each a "Research and Technology Cell." The Research and Technology Cell Corporation shall be established and operated in accordance with the procedures set out in this chapter. (3) A Virgin Islands entity engaged in a Knowledge-Based Business as defined in section 482(h) of this chapter shall be eligible to receive the tax benefits as set out in section 490B of this chapter. (4) Incubator Businesses Tenants, as defined in section 482(g) of this chapter, for the development or incubation of new Knowledge-Based Businesses and related businesses seeking to come to the Virgin Islands or to establish operations in the Virgin Islands, and in particular such businesses as are established by residents of the Virgin Islands, shall be eligible to receive the tax benefits as set forth in section 490B of this chapter. (5) Research and Technology Park Support Businesses as defined in section 482 (l) of this chapter shall be eligible to apply to locate in a Research and Technology Park established pursuant to this chapter. The Research and Technology Park Support Businesses, however, shall not receive any tax benefits in connection with their location in the Research and Technology Park. (b) In determining whether an applicant shall be located in the Research and Technology Park under section 490A(a) (3) or (4), the Corporation shall evaluate whether the applicant is engaged in a Knowledge- Based Business, whether the applicant will contribute to the development of a technology sector in the Virgin Islands, whether the applicant brings synergistic new technologies or technology services to the Virgin islands, whether synergies exist between the applicant and other tenants of the Research and Technology Park, whether the applicant employs or is committed to employing students, faculty and graduates of the University of the Virgin Islands and residents of the Virgin Islands, whether the applicant is committed to investing capital in the Research and Technology Park, whether the applicant has contributed or will contribute funds, services, intellectual capital, or materials to the University of the Virgin Islands and/or the Virgin Islands, or whether the applicant's existence in the Park will otherwise enhance the University of the Virgin Islands' mission of teaching, research and public service. (c) Every business located in the Research and Technology Park under section 490A(a)(3) or (4) shall file and maintain with the Park Corporation a projection of employment needs, including the number and types of jobs as well as the related skills requirements for those jobs that are anticipated to become available during the projection period, and a plan of action outlining how the company will work cooperatively with the Park Corporation and the University to: (1) Develop and conduct education and training programs to prepare and qualify graduates of the University and residents (as defined in this Act) of the Virgin Islands for anticipated jobs. (2) Develop Internship Programs for University of the Virgin Islands and high school students in which students can work with businesses and then be eligible for fulltime employment upon graduation. (3) Develop "School to Work" programs in collaboration with the high schools and vocational schools to prepare students for employment upon graduation. (d) Every business shall also advertise all position vacancies with the Virgin Islands Department of Labor, the Park Corporation, University of the Virgin Islands, and local media in order to inform qualified Residents of the Virgin Islands of employment opportunities. (e) Every business located in the Research and Technology Park under section 490A(a)(3) or (4), in accordance with the rules and regulations of the Corporation, shall agree in writing to employ or contract for services with and to purchase goods, materials and supplies from those persons, firms and corporations who are Residents of the Virgin Islands, or incorporated under the laws of the Virgin Islands, and who are duly licensed to do business in the Virgin Islands and have been so duly licensed for one year or more prior to the initial date of any such employment, contract, or purchase. (f) Every business located in the Research and Technology Park must maintain an electronic and physical directory of all members, to include addresses, principals, contributions and programs with the University of the Virgin Islands, and a listing of available jobs and positions. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 236; amended July 15, 2014, No. 7635, § 2, Sess. L. 2014, p. 190.

Tenants Under Section 490a(a)(3) Or (4) of This Chapter (a) Each Research and Technology Park tenant listed in section 490A(a)(3) or (4) of this chapter shall pay an annual franchise tax to the Department of Finance based on the worldwide gross receipts of the respective tenant business. Each Research and Technology Park tenant with annual worldwide gross receipts less than or equal to $1,000,000 shall be subject to a franchise tax equal to $200. Each Research and Technology Park tenant with annual worldwide gross receipts of more than $1,000,000 but less than $5,000,000 shall be subject to a franchise tax equal to $2,000. Each Research and Technology Park tenant with annual worldwide gross receipts equal to or greater than $5,000,000 but not more than $10,000,000 shall be subject to a franchise tax equal to $5,000. Each Protected Cell with annual worldwide gross receipts greater than $10,000,000 but no greater than $20,000,000 shall be subject to a franchise tax equal to $12,500. Each Protected Cell with annual worldwide gross receipts greater than $20,000,000 but no greater than $50,000,000 shall be subject to a franchise tax equal to $15,000. Each Protected Cell with annual worldwide gross receipts greater than $50,000,000 but no greater than $100,000,000 shall be subject to a franchise tax equal to $20,000. Each Protected Cell with annual worldwide gross receipts greater than $100,000,000 but no greater than $250,000,000 shall be subject to a franchise tax equal to $25,000. Each Protected Cell with annual worldwide gross receipts greater than $250,000,000 shall be subject to a franchise tax as determined by the Board but in no event less than $25,000. All other Research and Technology Park tenants shall pay the franchise tax due for the type of entity created under applicable law. (b) Each Research and Technology Park tenant listed in section 490A(a)(3) or (4) of this chapter may apply for benefits under the Economic Development Program administered by the Economic Development Authority and upon receipt of such benefits, the tenant shall present such certificate of tax benefits to the Executive Director of the Technology Park Corporation. (c) Worker Training Tax Credit. Firms eligible for the job creation or investment tax credit can take a credit of fifty percent against eligible training expenses if the firm provided training for five or more employees in the Virgin Islands. The maximum credit is $1,000 per employee. (d) Applications for tenancy. In accordance with rules and regulations of the Corporation, applications for tenancy within the Park shall be filed with the Executive Director, who shall, after reasonable investigation, inform the Board of his recommendation. After careful consideration of all the relevant factors regarding an application for tenancy in the Research and Technology Park, the Board shall make its determination. If the Board decides to approve the application, such decision shall be made subject to the Governor's approval as set forth in this chapter, and in this event the Board shall submit all relevant data and all other requested data to the Governor along with its report for the Governor's consideration. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 239; amended Feb. 10, 2012, No. 7342, § 10(a), Sess. L. 2012, p. 5.

(a) Each Research and Technology Park tenant listed in section 490A(a)(3) and (4) of this chapter shall obtain a business license. (b) The Research and Technology Park Board of Directors and the Department of Licensing and Consumer Affairs shall work cooperatively to develop policies and procedures by which a Research and Technology Park tenant shall receive a business license within five working days after submitting a completed application to the Department of Licensing and Consumer Affairs or shall be entitled to commence business at that time as if in receipt of a valid business license. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 241.

Natural Resources (a) The Research and Technology Park Board of Directors and the Office of the Lieutenant Governor, Corporations Division, shall work cooperatively to develop policies and procedures by which a Research and Technology Park tenant listed in section 490A(a)(3) or (4) of this chapter shall obtain a response regarding the availability of a specific name or specific names within two working days and shall obtain all necessary services and documents within five working days of the completed request. (b) The Research and Technology Park Board of Directors and the Department of Planning and Natural Resources shall work cooperatively to develop policies and procedures to expedite the handling of all permits and processes for a Research and Technology Park tenant listed in section 490A(a)(3) or (4) of this chapter. History: Added Feb. 21, 2002, No. 6502, § 1, Sess. L. 2002, p. 242.

Upon receiving a finding from the Board recommending an application for tenancy for an Existing Business, for tenancy be approved, the Governor shall proceed to make his determination as to whether to approve the Board's findings. If 60 calendar days, excluding Sundays and holidays, have elapsed from the date of official receipt at Government House in the capital of the Board's findings, and the Governor has neither actively approved nor disapproved the issuance of benefits to the applicant, the issuance of said certificate shall be considered approved, and the board shall then proceed to issue the appropriate certificate. History: Added Feb. 10, 2012, No. 7342, § 10(a), Sess. L. 2012, p. 5; amended June 18, 2014, No. 7632, § 5, Sess. L. 2014, p. 173.

The following words and phrases when used in this subchapter have the meanings given to them in this section unless the context clearly indicates otherwise: (a) "Catalyst Project" means a private economic development project created by the combined efforts of the public sector and private sector which includes the rehabilitation, renovation, construction, or other improvement of any building or structure within the Virgin Islands; purchase of furniture, fixtures, or equipment; acquisition of land and building; or financing the general needs of any eligible entity for operations or activities within the Virgin Islands that are consistent with, and intended to further the Virgin Islands economic goals, contribute to its socioeconomic development, accelerate job creation, and improve the welfare and quality of life of the people of this Territory. (b) "Corporation" means the University of the Virgin Islands Research and Technology Park Corporation. (c) "Eligible entity" means a qualified business that: (1) is an existing or new-to-market enterprise located in the Virgin Islands: (2) has a Virgin Islands business license; (3) has been in operation for more than 18 months or admitted in the Corporation or Economic Development Commission tax-exemption programs; (4) is in good standing with the Virgin Islands Bureau of Internal Revenue or has entered into a payment plan approved by the Virgin Islands Bureau of Internal Revenue; and (5) demonstrates that the project meets federal guidelines if federal funds are awarded from The Catalyst Fund. (d) "Executive Director" means the Executive Director of the University of the Virgin Islands Research and Technology Park Corporation. (e) "Loan Review Committee" means the Loan Review Committee of the University of the Virgin Islands Research and Technology Park Corporation with the authority to approve loans. (f) "Program" means the VI Catalyst Revolving Loan Fund Program established in this subchapter. (g) "Qualified Business" means a private, for-profit business engaged in relevant industries and sectors, including business process outsourcing, information Technology/telecommunications, sustainable development, energy services, sustainable agriculture, financial services, fintech, healthcare, advanced manufacturing, visitor economy, and creative economy. (h) "VI Catalyst Revolving Loan Fund" or "Catalyst Fund" means revolving funds by that name established under, and administered pursuant to this subchapter to provide capital for catalyst projects, thereby creating jobs and investment in the Territory. (i) "VI Catalyst Revolving Loan Fund Program" means the program of that name to administer the VI Catalyst Revolving Loan Fund and to provide financial assistance for catalyst projects administered by the University of the Virgin Islands Research and Technology Park Corporation pursuant to this subchapter and criteria, priorities, and guidelines adopted by the Loan Review Committee. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 45, 46.

(a) The VI Catalyst Revolving Loan Fund Program is established to provide loans to eligible entities for catalyst projects to achieve one or more of the following goals: (1) To sustain local economic growth; (2) To stimulate job creation and development; (3) To catalyze commercial, residential, and industrial growth and development; (4) To increase attractiveness for job creation and retention; and (5) To increase accessibility to capital funding. (b) The Corporation shall administer the Program to provide financial assistance and development services for catalyst projects, as defined in subsection (a) of section 490F. (c) The Executive Director shall take such steps, including the expenditure of appropriated funds, as may be necessary to provide organizational, governance, and administrative structure to the Program. (d) In furtherance of organizing and administering The Catalyst Fund, the Executive Director may retain staff and enter into and execute service agreements with outside providers for legal, accounting, underwriting, audit and consultant expertise, including the expenditure of funds as necessary or advisable in connection with such retention and execution. (e) Financial assistance for catalyst projects through the Program must be provided at competitive interest rates with flexible terms as determined by the Loan Review Committee, to support the projects directly and to attract additional third-party capital. (f) Payment of interest and principal on loans may be deferred at the discretion of the Loan Review Committee. (g) The Executive Director may assign all accounts that are inactive and delinquent more than 180 days from when they are first due and owing to a third-party collection agency for collection. (h) The Program must be to the extent practicable complementary to, and not competitive with, commercial lenders and other territorial and federal programs. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 46, 47.

The Corporation may provide financial assistance under the Program to any eligible entity either directly or in conjunction with a lending or financial institution, in connection with the financing or refinancing of a catalyst project, in accordance with an agreement or agreements, between the Corporation and the eligible entity, either as a sole lender or in participation or syndication with other lenders. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 47.

(a) After considering any advice and recommendations of the Loan Review Committee, the Executive Director shall establish procedures for applying to the Program for a loan of money from the Catalyst Fund. The procedures must: (1) Include a requirement that applications for loans must set forth: (A) The proposed use of the loan; (B) The plans, projects, and programs for which the loan will be used; (C) The expected benefits of the loan; and (D) A statement of the short-term and long-term impacts of the use of the Catalyst Revolving Loan; and (2) Allow the applicant to revise the application upon the recommendation of the Executive Director. (b) Loans awarded may be used only for: (1) The acquisition and leasing of land and buildings, (2) The construction, renovation, rehabilitation, and expansion of buildings or other facilities, (3) The purchase of equipment, furniture, and fixtures that are necessary for operation of the business; or (4) Operating capital. (c) After receipt of an application pursuant to this section, the Loan Review Committee shall review and evaluate the application and determine whether the approval of the application would promote the economic development of this Territory. (d) The Catalyst Revolving Loan may be paired with and subordinate to a loan provided by a commercial bank. (e) Only one Catalyst Revolving Loan is available to a business or owner at one time. However, once a borrower has fully repaid a loan, the borrower may qualify for additional loans in the future. (f) All loans made pursuant to this subchapter must be underwritten by experienced financial services professionals and secured by adequate collateral and/or guarantees. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 47, 48.

(a) The Loan Review Committee may be composed of no fewer than three members appointed by the Executive Director, subject to the approval of the Board of Directors of the Corporation. The Committee must include a representative of the Economic Development Authority. If the Loan Review Committee is composed of an even number of directors, one-half of the number of members constitutes a quorum for the transaction of business. If the Loan Review Committee is composed of an odd number of members, a majority of the Loan Review Committee members constitute a quorum for the transaction of business. Every action consented to by a majority of the Loan Review Committee members present at a meeting at which a quorum is present must be regarded as an act of the Loan Review Committee. (b) The Executive Director shall ensure that the Loan Review Committee has adequate resources and authority to discharge its responsibilities. (c) The Loan Review Committee shall: (1) Adopt such rules, statements of policy, procedures, forms, and guidelines related to the administration of the Catalyst Loan Fund, and to the selection of projects, as may be necessary for the implementation of this subchapter; (2) Oversee the credit administration process of the Corporation to ensure that credit risk and credit concentrations are managed in a prudent manner, consistent with industry-wide safety and soundness practices; (3) Approve appropriate general underwriting guidelines and monitor the Corporation's adherence to such guidelines; (4) Oversee the loan approval process and approve loans brought to the Loan Committee as required under the Corporation's Loan Policy; (5) Designate and authorize appropriate persons to execute and deliver agreements or instruments related to the approval and disbursement of the loans, and to take all such additional actions necessary and appropriate to effectuate this paragraph; (6) Ensure that borrowers meet the conditions of this subchapter; (7) Receive and evaluate annual reports from borrowers; the annual reports must include, records necessary to determine and verify the business has met the requirements of the Program; (8) Review loan portfolio quality, including, trends in loan quality, loans, charge-offs and delinquencies; (9) Review and evaluate pertinent legislative and regulatory developments impacting credit risk management; (10) Review the Corporation's lending activities and monitor compliance with approved internal policies and all applicable territorial and federal law and regulations; (11) Review periodic reports from the regulatory agencies, external and internal auditors and others; and (12) Discuss and evaluate local market economic conditions effecting loan portfolio quality. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 48-50.

On or before July 1 of each year, the Executive Director shall prepare and submit to the Governor of the Virgin Islands and the President of the Legislature a report containing VI Catalyst Revolving Loan Fund Program activity for the preceding fiscal year ending September 30th, which must include, without limitation: (1) The number of applications for loans submitted to the Loan Committee; (2) The number of applications for loans approved by the Committee; (3) The amount of loans awarded from the Catalyst Fund; (4) A listing of each loan awarded during the preceding calendar year, including the name of the business located at the project, a description of the project, the term of the loan, and the liability under the loan; (5) An update on the status of projects under loans awarded before the preceding calendar year; (6) The number of businesses created or expanded in this Territory, or relocated to the Territory, because of loans from the Catalyst Fund; (7) The number of jobs created or saved in the Territory because of loans from the Catalyst Fund; (8) The environmental impact of businesses and projects with respect to which loans have been awarded; (9) The geographic distribution of loans, by number and amount, awarded under the program; and (10) The amount of all grants, gifts, and donations of money to the Catalyst Fund applied for and accepted from public and private sources. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 50.

No loan may be made to a business unless the business certifies to the Loan Review Committee, in a form satisfactory to the Committee, that it will not discriminate against any employee or against any applicant for employment because of race, religion, color, national origin, sex, or age. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 50.

(a) In carrying out this subchapter, the Executive Director may call upon Government departments and agencies to supply such statistical data, program reports, and other materials, information, and assistance as the Executive Director considers necessary to implement the Program, and all departments, agencies and authorities of the Government shall cooperate, to the extent not inconsistent with applicable law, with the Executive Director, to ensure that all activities related to the purposes of this subchapter are carried out in a coordinated manner. (b) The Executive Director shall establish a close liaison, cooperation, and coordination with the Economic Development Authority and the Department of Labor to accomplish the goals of the VI Catalyst Revolving Loan Fund Program as provided in subsection (a) of Section 490I. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 50, 51.

The Executive Director may not duplicate the work or activities of any department or agency of the Government of the Virgin Islands, and nothing contained in this subchapter may be construed to authorize any such duplication unless such work or activity is expressly authorized for in this chapter. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 51.

(a) There is established an account maintained by the Corporation designated "The Catalyst Fund". The purpose of which is to receive, manage, control, and dispose of monies on behalf of the Program. The Catalyst Fund is separate from any other fund or account of the Corporation. (b) The Catalyst Fund must be used to award loans to eligible entities in accordance with this subchapter. (c) Within The Catalyst Fund, the Corporation may establish additional accounts and subaccounts. (d) The maximum total loan amount that may be awarded to an eligible entity may not exceed $1,500,000 from the initial $5,000,000 tranche approved pursuant to this subchapter. The Loan Review Committee may establish limits for further loans pursuant to loan policies or regulations. (e) The expenses of administering the Fund must be paid from money in The Catalyst Fund. No other fund or account of the Corporation may be available or may be used for the payment of obligations incurred in connection with this subchapter. (f) All costs, liabilities, obligations, and expenses incurred in carrying out the purpose of this subchapter are payable solely from funds provided for the purposes of this subchapter, and no liability, cost, expense, or obligation may be imposed upon the Corporation beyond the extent to which money had been provided solely for the purposes of the Corporation's activities authorized under this subchapter. (g) The Catalyst Fund consists of: (1) All monies appropriated by the Legislature thereto pursuant to authorization under this subchapter; (2) Money received from federal grants or programs, including any federal grant or program enacted to provide economic relief in response to the coronavirus disease (COVID-19) pandemic; (3) Grants, gifts, and donations intended for deposit in the fund, including transfers from other accounts or funds; and (4) All repayments of loans, payments, and other receipts arising out of transactions financed from The Catalyst Fund. (h) There must be credited to The Catalyst Fund interest and income earned on: (1) Money in The Catalyst Fund and its accounts and subaccounts, after deducting any applicable charges; (2) Unexpended appropriations made to The Catalyst Fund; and (3) Any other moneys generated in connection with the activities authorized under this subchapter. (i) All payments of principal and interest on any loan made with money from The Catalyst Fund must be deposited in The Catalyst Fund. The Corporation shall administer The Catalyst Fund as a revolving loan fund. (j) All receipts, savings, and accrual to The Catalyst Fund, any unexpended appropriations made to The Catalyst Fund, and any funds returned into accounts or funds which are not utilized for whatever reasons remaining at the end of each fiscal year must be carried forward to the next fiscal year and retained for the purposes for which The Catalyst Fund is established. (k) The Executive Director shall administer The Catalyst Fund and may apply for and accept any gift, grant, donation, bequest, or other source of money for deposit in The Catalyst Fund. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 51, 52.

(a) A person who makes any statement knowing it to be false, or who willfully overvalues any security for the purpose of obtaining for himself or for any applicant any loan, or extension thereof by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security therefor, or for the purpose of influencing in any way the action of the Corporation, or for the purpose of obtaining money, property, or anything of value, under this subchapter, is punishable by a fine of not more than $5,000, or by imprisonment for not more than five years, or both. (b) A person, being connected in any capacity with the Corporation, is punishable by a fine of not more than $10,000 or by imprisonment for not more than five years, or both, if the person: (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged or otherwise entrusted to it, or (2) with intent to defraud the Corporation or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiner of the Corporation, makes any false entry in any book, report, or statement of or to the Corporation, or, without being duly authorized, draws any order or issues, puts forth, or assigns any note or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof, or (3) with the intent to defraud participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, commission, contract, or any other act of the Corporation, or (4) gives any unauthorized information concerning any future action or plan of the Corporation which might affect the value of securities, or, having such knowledge, invests or speculates, directly or indirectly, in the securities or property of any small business concern receiving loans or other assistance from the Corporation. History: Added Sept. 15, 2021, No. 8464, § 2, Sess. L. 2021, p. 52, 53.

There is hereby authorized to be established a fund to be designated "The University of the Virgin Islands Fund", the purpose of which shall be to receive, manage, control and dispose of monies or property on behalf of the University of the Virgin Islands. History: Mar. 16, 1962, No. 851, § 1, Sess. L. 1962, p. 92.

For the purpose of managing and exercising the powers conferred upon the Fund hereby established, the Board of Trustees of the University of the Virgin Islands is hereby constituted a body politic and corporate, in the name and style, "The University of the Virgin Islands Fund", in such name and style: (a) to have perpetual succession; (b) to sue and be sued; (c) to acquire and possess property, real, personal, of whatever description or nature, and to mortgage or sell the same; (d) to contract debts; (e) to make contracts; (f) to adopt and use a common seal and alter it at will; (g) to accept, receive, deposit, control, invest, including investments of the Virgin Islands Public Finance Authority pursuant to 29 V.I.C., § 919 THIRD (E) and deal with any appropriations, gifts, devises, bequests or contributions, regardless of the source thereof, for the purposes of the University, which gifts, appropriations, devises, bequests and contributions shall be exempt from any taxation. (h) to do or cause to be done everything that may be necessary to effectuate the exercise of the foregoing powers, as well as any other hereinafter set forth in this chapter. History: Mar. 16, 1962, No. 851, § 2, Sess. L. 1962, p. 92; amended Oct. 14, 1986, No. 5207, § 8, Sess. L. 1986, p. 249; Apr. 12, 2008, No. 6996, § 2, Sess. L. 2008, p. 48.

The Fund is specifically authorized to act for or represent the University in any proceeding, action or other cause with respect to the collection, acceptance or disbursement of funds, or the handling or dealing with property, and the University and Fund for all legal purposes and effects under the foregoing specification of authority shall be deemed the same. History: Mar. 16, 1962, No. 851, § 3, Sess. L. 1962, p. 93.

The Legislature hereby authorizes the appropriation annually of funds for the purposes of the University including the payment of salaries and property acquisition. Funds so appropriated shall be deposited in an account to be maintained by the University and shall be administered by a fiscal officer of the Institution in accordance with procedures presented by the Commissioner of Finance of the Virgin Islands. History: Mar. 16, 1962, No. 851, § 4, Sess. L. 1962, p. 93.

All monies acquired by the University of the Virgin Islands shall be deposited and maintained in the account provided for in section 494 of this title, and shall be accounted for in like manner to the Commissioner of Finance. History: Mar. 16, 1962, No. 851, § 5, Sess. L. 1962, p. 93; amended Oct. 14, 1986, No. 5207, § 8, Sess. L. 1986, p. 249.

The Board of Trustees is authorized to make every effort to secure gifts, grants and loans to the University of the Virgin Islands Fund from private individuals, foundations and federal government agencies and to utilize such gifts, grants and loans for the purposes specified by the donor or lender. History: Added May 10, 1967, No. 1964, § 2, Sess. L. 1967, p. 202; amended Oct. 14, 1986, No. 5207, § 8, Sess. L. 1986, p. 249.

The Board of Trustees shall submit a report to the Governor and the Legislature not later than January 15 of each year, which report shall contain: (a) A complete fiscal report of the University's activities during the preceding fiscal year. (b) An enumeration and description of the various activities and accomplishments of the University during the preceding fiscal year, including class enrollments, names and majors of graduates and such other information as it deems significant. (c) An outline or outlines of plans for expansion of physical facilities and/or curriculum, as well as other changes contemplated for the future. (d) Requests for any legislation deemed necessary by the University in accomplishing its programs and policies. History: Added Oct. 8, 1974, No. 3625, § 2, Sess. L. 1974, p. 241; amended Mar. 19, 1984, No. 4908, Sess. L. 1984, p. 73.

This Act may be cited as The Virgin Islands Teacher Recruitment and Training Act of 2001. History: Added Aug. 2, 2001, No. 6418, § 1, Sess. L. 2001, p. 62.

(a) The Board of Education in collaboration with the President of the University of the Virgin Islands shall establish a "Teacher Incentive Scholarship Program", hereinafter the "Program", commencing with the academic year 2001-2002, to attract qualified high school graduates to the teaching profession. (b) Scholarships will be for full-time study at the University of the Virgin Islands or other accredited university or college meeting the standards established under rules and regulations promulgated pursuant to subsection (k) and recipients must declare, in writing, their intention to teach in the public schools of the territory for a period of not less than four years upon graduation. (c) The annual amount of the award shall be equal to the total cost of tuition, and room and board for an academic year. (d) Recipients must be graduates of an accredited high school, and they must be United States citizens or legally admitted permanent residents to the United States and its territories and possessions. (e) Recipients must be accepted or enrolled in any accredited university or college and must meet other requirements established by rules and regulations promulgated under subsection (k). (f) The total number of awards to be granted annually shall be determined by the Board of Education consistent with the availability of funds and shall be equally distributed between the districts of St. Thomas-St. John district and St. Croix. (g) No later than one month following completion of study or graduation, recipients shall register with the Department of Education and make an application to begin service as a teacher in the Virgin Islands public school system. (h) Any recipient who fails to complete the full course of study required for graduation shall become liable to the Government of the Virgin Islands for all sums received under the Program, plus the interest accruing on those monies at the current Federal Perkins loan rate at the time the person abrogated his participation in the Program. (i) Any person failing to complete his teaching obligation, as required under subsection (b) of this section shall become liable to the Government of the Virgin Islands for all sums received under the Program for which service has been rendered, plus the interest accruing at the current Perkins loan rate at the time the person discontinues services, except in the case of deferral of debt for cause, or when there is no employment position immediately available upon a recipient's completion of study or graduation. (j) The obligation made by a recipient of a teacher incentive scholarship award shall not be voidable by reason of the age of the student at the time of receiving the scholarship. (k) The Board of Education in collaboration with the President of the University of the Virgin Islands shall promulgate rules and regulations necessary for the proper administration of the Program and shall designate the person or persons charged to administer the Program. (l) On or before August 1 of each year, the Board of Education shall submit to the Governor and Legislature, and make available for public distribution, a report setting forth the scholarships awarded graduates, and the status of the Program. History: Added Aug. 2, 2001, No. 6418, § 1, Sess. L. 2001, p. 62; amended Aug. 7, 2007, No. 6934, § 3, Sess. L. 2007, p. 74.

(a) The Commissioner of Education shall establish a "Critical Needs Teacher Incentive Program" offering financial incentives, including but not limited to, grants for airfare and relocation expenses, and sign-on bonuses of not more than $1,500.00 per recipient. (b) To the extent that sufficient funds are available, the Critical Needs Teacher Incentive Program shall take effect with the commencement of the 2001-2002 academic year. (c) On or before September 1 of each year, the Commissioner of Education shall submit to the Governor and to the Legislature, and make available for public distribution, a report detailing the Department of Education's plan to carry out the provisions of this section. The annual report shall detail progress made in fulfilling the plan authorized by the provisions of this section and shall include any additional recruitment efforts which may be necessary or appropriate including recommendations for amendment of laws, changes in administrative practices and patterns of organization, and changes in levels and patterns of financial support. History: Added Aug. 2, 2001, No. 6418, § 1, Sess. L. 2001, p. 62.

There is hereby established the Virgin Islands Academic and Cultural Awards Endowment, hereinafter called the "Endowment," which shall be used to provide loans, grants and awards to residents of the Virgin Islands who have made significant contributions to the government and people of the Virgin Islands, or who may require financial support to enable them to pursue professional, graduate or other studies or research or engage in cultural projects which will substantially continue to the benefit of the people of the Virgin Islands. History: Added Oct. 8, 1979, No. 4356, § 1, Sess. L. 1979, p. 143; amended Oct. 14, 1986, No. 5206, § 112(b)(i), Sess. L. 1986, p. 240; Jan. 6, 1987, No. 5249, § 4, Sess. L. 1986, p. 442.

The Endowment shall be administered by the University of the Virgin Islands as may be directed by the Governing Board established by section 522 of this chapter. The Board shall promulgate rules and regulations, and may, in its discretion, appoint a staff assistant as needed, to assist in the implementation of this act. History: Added Oct. 8, 1979, No. 4356, § 1, Sess. L. 1979, p. 143; amended Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

There is hereby created a Governing Board for the Endowment which shall consist of the Chairman of the Board of Trustees of the University of the Virgin Islands, who shall serve as Chairman, the Governor, the President of the Legislature, the Chief Justice of the Supreme Court, and the Commissioner of Education. Three members shall constitute a quorum for the conduct of all business. The Board shall meet not fewer than twice each calendar year. History: Added Oct. 8, 1979, No. 4356, § 1, Sess. L. 1979, p. 143; amended Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249; amended July 30, 2016, No. 7888, § 9(a), Sess. L. 2016, p. 113.

There is hereby authorized to be appropriated in each fiscal year, as a part of the budget of the University of the Virgin Islands for administrative purposes only, such sum as the Legislature may deem appropriate for a contribution to the Endowment to be used for the purposes of this chapter. Donations and contributions may be accepted and solicited by the Board from private foundations or any other lawful source for use in the Endowment. All appropriations to the University for contribution to the Endowment shall remain available until expended unless specifically provided otherwise. The University of the Virgin Islands shall administer all funds consistent with the decisions of the Board, and shall annually report to the Board on receipt and disbursement of funds. History: Added Oct. 8, 1979, No. 4356, § 1, Sess. L. 1979, p. 143; amended Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249.

The Governing Board shall promulgate rules and regulations consistent with this chapter establishing, but not limited to, eligibility requirements, application procedures, and administrative reporting. The Board may, by rules and regulations, require that grant and award recipients contribute their skills in some capacity to the benefit of the people of the Virgin Islands. Until otherwise provided by rules of the Board, applications for loans, grants and awards under this chapter shall be filed with the President of the University of the Virgin Islands who shall serve as ex-officio Secretary of the Governing Board, without vote. History: Added Oct. 8, 1979, No. 4356, § 1, Sess. L. 1979, p. 143; amended Oct. 14, 1986, No. 5206, § 112(b)(ii), Sess. L. 1986, p. 240; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249; Jan. 6, 1987, No. 5249, § 4, Sess. L. 1986, p. 442.

Loans from the Academic and Cultural Awards Endowment shall be evidenced by a promissory note bearing interest on the unpaid balance at six percent per annum. History: Added Oct. 14, 1986, No. 5206, § 112(b)(iii), Sess. L. 1986, p. 240.

A. It is the purpose of this compact to: 1. Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the State and local levels. 2. Provide a forum for the discussion, development, crystalization and recommendation of public policy alternatives in the field of education. 3. Provide a clearing house of information on matters relating to educational problems and how they are being met in different places throughout the Nation, so that the executive and legislative branches of State Government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education. 4. Facilitate the improvement of State and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities. B. It is the policy of this compact to encourage and promote local and State initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and States. C. The party States recognize that each of them has an interest in the quality and quantity of education furnished in each of the other States, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the Nation, and because the products and services contributing to the health, welfare and economic advancement of each State are supplied in significant part by persons educated in other States. History: Dec. 1, 1965, No. 1535, § 1, Sess. L. 1965, Pt. I, p. 522.

As used in this compact, "State" means a State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. History: Dec. 1, 1965, No. 1535, § 1, Sess. L. 1965, Pt. I. p. 523.

A. The Educational Commission of the States, hereinafter called "the Commission", is hereby established. The Commission shall consist of seven members representing each party State. One of such members shall be the Governor; two shall be members of the State legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. If the laws of a State prevent legislators from serving on the Commission, six members shall be appointed by and serve at the pleasure of the Governor, unless the laws of the State otherwise provide. In addition to any other principles or requirements which a State may establish for the appointment and service of its members of the Commission, the guiding principle for the composition of the membership on the Commission from each party State shall be that the members representing such State shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the State Government, higher education, the State education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the Governor, having responsibility for one or more programs of public education. In addition to the members of the Commission representing the party States, there may be not to exceed ten nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration. B. The members of the Commission shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the Commission are cast in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the commissioners are present. The Commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the Commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV [section 554 of this title] and adoption of the annual report pursuant to Article III(J) [paragraph (J) of this section]. C. The Commission shall have a seal. D. The Commission shall elect annually, from among its members, a chairman, who shall be a Governor, a vice chairman and a treasurer. The Commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the Commission, and together with the treasurer and such other personnel as the Commission may deem appropriate shall be bonded in such amount as the Commission shall determine. The executive director shall be secretary. E. Irrespective of the civil service, personnel or other merit system laws of any of the party States, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Commission, and shall fix the duties and compensation of such personnel. The Commission in its bylaws shall provide for the personnel policies and programs of the Commission. F. The Commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions. G. The Commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any State, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Commission pursuant to this paragraph or services borrowed pursuant to paragraph (F) of this Article [section] shall be reported in the annual report of the Commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender. H. The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein. I. The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party States. J. The Commission annually shall make to the Governor and legislature of each party State a report covering the activities of the Commission for the preceding year. The Commission may make such additional reports as it may deem desirable. History: Dec. 1, 1965, No. 1535, § 1, Sess. L. 1965, Pt. I, p. 523.

In addition to authority conferred on the Commission by other provisions of the compact, the Commission shall have authority to: 1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources. 2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems. 3. Develop proposals for adequate financing of education as a whole and at each of its many levels. 4. Conduct or participate in research of the types referred to in this Article [section] in any instance where the Commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private. 5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials. 6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact. History: Dec. 1, 1965, No. 1535, § 1, Sess. L. 1965, Pt. I, p. 525.

A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the Federal Government, the United States may be represented on the Commission by not to exceed ten representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to Federal law, and may be drawn from any one or more branches of the Federal Government, but no such representative shall have a vote on the Commission. B. The Commission may provide information and make recommendations to any executive or legislative agency or officer of the Federal Government concerning the common educational policies of the States, and may advise with any such agencies or officers concerning any matter of mutual interest. History: Dec. 1, 1965, No. 1535, § 1, Sess. L. 1965, Pt. I, p. 526.

A. To assist in the expeditious conduct of its business when the full Commission is not meeting, the Commission shall elect a steering committee of thirty members which, subject to the provisions of this compact and consistent with the policies of the Commission, shall be constituted and function as provided in the bylaws of the Commission. One-third of the voting membership of the steering committee shall consist of Governors, and the remainder shall consist of other members of the Commission. A Federal representative on the Commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the Commission shall be elected as follows: fifteen for one year and fifteen for two years. The chairman, vice chairman, and treasurer of the Commission shall be members of the steering committee and, anything in this paragraph to the contrary, notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the Commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two term limitation. B. The Commission may establish advisory and technical committees composed of State, local, and Federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the States concerned, be established to consider any matter of special concern to two or more of the party States. C. The Commission may establish such additional committees as its bylaws may provide. History: Dec. 1, 1965, No. 1535, § 1, Sess. L. 1965, Pt. I, p. 526.

A. The Commission shall advise the Governor or designated officer or officers of each party State of its budget and estimated expenditures for such period as may be required by the laws of that party State. Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party States. B. The total amount of appropriation requests under any budget shall be apportioned among the party States. In making such apportionment, the Commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party States. C. The Commission shall not pledge the credit of any party States. The Commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III(G) of this compact [section 553(G) of this title], provided that the Commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it pursuant to Article III(G) thereof, the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same. D. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the Commission. E. The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party States and by any person authorized by the Commission. F. Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission. History: Dec. 1, 1965, No. 1535, § 1, Sess. L. 1965, Pt. I, p. 527.

A. This compact shall have as eligible parties all State, Territories, and Possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a Governor, the term "Governor", as used in this compact, shall mean the closest equivalent official of such jurisdiction. B. Any State or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same; Provided, That in order to enter into initial effect, adoption by at least ten eligible party jurisdictions shall be required. C. Adoption of the compact may be either by enactment thereof or by adherence thereto by the Governor; Provided, That in the absence of enactment, adherence by the Governor shall be sufficient to make his State a party only until December 31, 1967. During any period when a State is participating in this compact through gubernatorial action, the Governor shall appoint those persons who, in addition to himself, shall serve as the members of the Commission from his State, and shall provide to the Commission an equitable share of the financial support of the Commission from any source available to him. D. Except for a withdrawal effective on December 31, 1967, in accordance with paragraph (C) of this Article [section], any party State may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States. No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal. History: Dec. 1, 1965, No. 1535, § 1, Sess. L. 1965, Pt. I, p. 528.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any State or of the United States, or the applicability thereof to any Government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any Government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any State participating therein, the compact shall remain in full force and effect as to the State affected as to all severable matters. History: Dec. 1, 1965, No. 1535, § 1, Sess. L. 1965, Pt. I, p. 529.

History: Repealed. June 24, 1987, No. 5265, § 802(i), Sess. L. 1987, p. 85. Cite as: 17 V.I.C. § 571, 572

This chapter may be cited as the Uniform Athlete Agents Act. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

In this chapter, the term (a) "agency contract" means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract. (b) "athlete agent" means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student-athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. (c) "athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. (d) "contact" means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract. (e) "endorsement contract" means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (f) "intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics. (g) "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity. (h) "professional-sports-services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (i) "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (j) "registration" means registration as an athlete agent pursuant to this chapter. (k) "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (l) "student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) By acting as an athlete agent in this State, a nonresident individual appoints the Lieutenant Governor as the individual's agent for service of process in any civil action in this State related to the individual's acting as an athlete agent in this State. (b) The Lieutenant Governor may issue subpoenas for any material that is relevant to the administration of this chapter. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this State without holding a certificate of registration under section 656 or 658 of this title. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in this State for all purposes except signing an agency contract, if: (1) a student-athlete or another person acting on behalf of the student athlete initiates communication with the individual; and (2) within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this State. (c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) An applicant for registration shall submit an application for registration to the Lieutenant Governor in a form prescribed by the Lieutenant Governor. An application filed under this section is a public record under title 3, chapter 33 of the Virgin Islands Code. The application must be in the name of an individual and, except as otherwise provided in subsection (b), signed or otherwise authenticated by the applicant under penalty of perjury and state or contain: (1) the name of the applicant and the address of the applicant's principal place of business; (2) the name of the applicant's business or employer, if applicable; (3) any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application; (4) a description of the applicant's: (A) formal training as an athlete agent; (B) practical experience as an athlete agent; and (C) educational background relating to the applicant's activities as an athlete agent; (5) the names and addresses of three individuals not related to the applicant who are willing to serve as references; (6) the name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application; (7) the names and addresses of all persons who are: (A) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and (B) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent or greater; (8) whether the applicant or any person named pursuant to paragraph (7) has been convicted of paragraph (7)hat, if committed in this State, would be a crime involving moral turpitude or a felony, and identify the crime; (9) whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) has made a faparagraph (7)ng, deceptive, or fraudulent representation; (10) any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) paragraph (7)mposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution; (11) any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraphparagraph (7)out of occupational or professional conduct; and (12) whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to paragraph (7) as an athlete agent in any State. (b) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another State, may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to subsection (a). The Lieutenant Governor shall accept the application and the certificate from the other State as an application for registration in this State if the application to the other State: (1) was submitted in the other State within six months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current; (2) contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and (3) was signed by the applicant under penalty of perjury. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) Except as otherwise provided in subsection (b), the Lieutenant Governor shall issue a certificate of registration to an individual who complies with section 655(a) or whose application has been accepted under section 655(b) of this chapter. (b) The Lieutenant Governor may refuse to issue a certificate of registration if the Lieutenant Governor determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the Lieutenant Governor may consider whether the applicant has: (1) been convicted of a crime that, if committed in this State, would be a crime involving moral turpitude or a felony; (2) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (3) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (4) engaged in conduct prohibited by section 664 of this chapter; (5) had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state; (6) engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or (7) engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity. (c) In making a determination under subsection (b), the Lieutenant Governor shall consider: (1) how recently the conduct occurred; (2) the nature of the conduct and the context in which it occurred; and (3) any other relevant conduct of the applicant. (d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Lieutenant Governor. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration. (e) An individual who has submitted an application for renewal of registration or licensure in another State, in lieu of submitting an application for renewal in the form prescribed pursuant to subsection (d), may file a copy of the application for renewal and a valid certificate of registration or licensure from the other State. The Lieutenant Governor shall accept the application for renewal from the other State as an application for renewal in this State if the application to the other State: (1) was submitted in the other State within six months next preceding the filing in this State and the applicant certifies the information contained in the application for renewal is current; (2) contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this State; and (3) was signed by the applicant under penalty of perjury. (f) A certificate of registration or a renewal of a registration is valid for [two] years. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) The Lieutenant Governor may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under section 656(b). (b) The Lieutenant Governor may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

The Lieutenant Governor may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

An application for registration or renewal of registration must be accompanied by a fee in the following amount: (1) $350 for an initial application for registration; (2) $200 for an application for registration based upon a certificate of registration or licensure issued by another State; (3) $200 for an application for renewal of registration; or (4) $200 for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another State. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) the amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract; (3) a description of any expenses that the student-athlete agrees to reimburse; (4) a description of the services to be provided to the student-athlete; (5) the duration of the contract; and (6) the date of execution. (c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating: "WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY." (d) An agency contract that does not conform to this section is voidable by the student-athlete. If a student- athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract. (e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll. (b) Within 72 hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed. (b) A student-athlete may not waive the right to cancel an agency contract. (c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) An athlete agent shall retain the following records for a period of five years: (1) the name and address of each individual represented by the athlete agent; (2) any agency contract entered into by the athlete agent; and (3) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract. (b) Records required by subsection (a) to be retained are open to inspection by the Lieutenant Governor during normal business hours. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (1) give any materially false or misleading information or make a materially false promise or representation; (2) furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or (3) furnish anything of value to any individual other than the student-athlete or another registered athlete agent. (b) An athlete agent may not intentionally: (1) initiate contact with a student-athlete unless registered under this chapter; (2) refuse or fail to retain or permit inspection of the records required to be retained by section 663 of this chapter; (3) fail to register when required by section 654 of this chapter; (4) provide materially false or misleading information in an application for registration or renewal of registration; (5) predate or postdate an agency contract; or (6) fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

An athlete agent who violates section 664 is guilty of a felony and, upon conviction, is punishable by a fine of not more than $15,000 and imprisonment for not more than five years, or both fine and imprisonment. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees. (b) Damages of an educational institution under subsection (a) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization. (c) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete. (d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint. (e) This section does not restrict rights, remedies, or defenses of any person under law or equity. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

The Lieutenant Governor may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this chapter after the violating athlete agent has been given the opportunity for a hearing on the record before the Lieutenant Governor or his designee and in making the penalty assessment, the Lieutenant Governor has made findings of fact and conclusions of law. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

If any provision of this chapter or its application to any person or circumstance is held valid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: Added Feb. 5, 2002, No. 6472, § 1, Sess. L. 2001, p. 296.

The first day of May of each year shall be Career Day in the public schools of the Virgin Islands, and shall be devoted to providing in-depth guidance and counseling to high school students with regard to available careers in a wide variety of professions and occupations. History: Added July 2, 1973, No. 3454, Sess. L. 1973, p. 157.

The Commissioner of Education shall each year invite participation in Career Day by representatives of the various professions and occupations and shall provide for booths, tables or rooms in the public high schools in which such career representatives shall be available to answer questions, distribute literature and otherwise furnish information regarding all aspects of the careers they have chosen. History: Added July 2, 1973, No. 3454, Sess. L. 1973, p. 157.

The Commissioner shall adopt rules and regulations pertaining to excusing students from classes in order to attend career day activities. If May first of a given year falls on a Saturday, Sunday or legal holiday, the Commissioner shall designate the day upon which Career Day shall be held and observed. The Commissioner may adopt such other rules and regulations as he deems necessary or desirable in making Career Day a successful and meaningful event for the Virgin Islands young people, including inviting the participation of high school students attending the private schools of the Virgin Islands History: Added July 2, 1973, No. 3454, Sess. L. 1973, p. 157.

The Legislature of the United States Virgin Islands hereby finds that school violence is a problem in the territory's schools. The Legislature also finds that there needs to be a reshaping of the approach to combating school violence. The Legislature further finds that the imposition of penalties alone is an insufficient and ultimately unworkable device for curbing school violence. As such, the Legislature finds that there currently exist a need for the insertion of an in-school mechanism for assisting our youngsters with handling inter-personal and inter-group conflicts without resorting to violent behavior. The Legislature proposes to implement a school-based, conflict resolution education program. The intent of conflict resolution education and consequently this chapter is to reduce violence, vandalism, chronic absence, and suspension in Virgin Islands schools. The goals of conflict resolution education are as follows: (1) offer problem-solving processes that can improve the school climate; (2) offer Virgin Islands students an alternative to self-destructive violent behavior when faced with interpersonal and inter-group conflicts; (3) help students and teachers deepen their understanding of themselves and others, thus developing important life skills; (4) provide training in negotiation, mediation, and consensus decision making as a means of encouraging a high level of citizenship activity; (5) shift the responsibility for solving nonviolent conflicts to students so that adults can be free to concentrate more on teaching and less on discipline; and (6) create behavior management systems that are more effective than detention, suspension, or expulsion in order to deal with conflict in the school setting. History: Added Oct. 31, 1998, No. 6276, § 12, Sess. L. 1998, p. 491.

(1) "Conflict resolution" means the process of transforming individuals involved in interpersonal or inter- group confrontations from being adversaries to being partners in a side-by-side search for a fair agreement that is advantageous to both. (2) "Consensus decision making" means a group problem-solving process in which all of the parties in the dispute or representatives of each party collaborate to resolve the dispute by crafting a plan of action that all parties can and will support. This process may or may not be facilitated by a neutral party. (3) "Mediation" means a problem-solving process in which the two parties in the dispute or their representative meet face to face to work together to resolve the dispute assisted by a neutral third party called the "mediator." (4) "Negotiation" means a problem-solving process in which either the two parties in the dispute or their representative meet face to face to work together unassisted to resolve the dispute between the parties. History: Added Oct. 31, 1998, No. 6276, § 12, Sess. L. 1998, p. 491.

The conflict resolution education approach that shall be utilized in schools throughout the Virgin Islands is the "Peaceable School" approach. The peaceable school approach is a comprehensive whole-school methodology that utilizes conflict resolution as a system of operation for managing the school as well as the classroom. Conflict resolution principles and processes are learned and utilized by every member of the school community-librarians, teachers, counselors, students, principals, and parents. History: Added Oct. 31, 1998, No. 6276, § 12, Sess. L. 1998, p. 491.

The peaceable school approach integrates conflict resolution into the operation of the school. Every member of the school community learns and uses conflict resolution concepts and skills. Peaceable school climates reflect caring, honesty, cooperation, and appreciation for diversity. Peaceable schools incorporate: (1) cooperative learning environments; (2) direct instruction and practice of conflict resolution skills and processes; (3) noncoercive school and classroom management systems; and (4) integration of conflict resolution concepts and skills into the curriculum. Peaceable schools value and encourage diversity and promote peacemaking as the normative behavior of adults and students. Participants in the peaceable school apply conflict resolution skills to address interpersonal and inter-group problems and issues that confront students, faculty, administrators, and parents. Peaceable school programs offer all of the school community training in the problem-solving processes of conflict resolution. Consensus decision making characterizes each classroom. Negotiation is used by all members of the school community to resolve conflicts equitably. Peer mediation can be applied school-wide and as a service in the classroom to help disputing students settle their differences constructively. The goal of the peaceable school is to create a school wide discipline program focused on empowering students to regulate and control their own behavior. Educators are allowed to model an orderly, productive system through cooperation and persistent pursuit of constructive behavior. History: Added Oct. 31, 1998, No. 6276, § 12, Sess. L. 1998, p. 491.

The tasks required for the establishment of peaceable schools throughout the Virgin Islands shall include but not be limited to: (1) instituting conflict resolution training for adults; (2) designing behavior expectations and management systems in concert with conflict resolution theory; (3) building cooperation by incorporating cooperative learning and interaction activities into the classroom; (4) developing the scope and sequence of conflict resolution skills taught to students; (5) providing opportunities for an age-appropriate understanding of conflict and of peace and peacemaking; (6) providing opportunities for an age-appropriate understanding of the principles of conflict resolution based on integrative negotiation theory; (7) providing opportunities for each student to learn and practice problem-solving strategies of negotiation and/or consensus decision making within the classroom; (8) providing opportunities for students to serve as mediators in their classrooms to help peers resolve issues that they choose not to resolve or cannot resolve through negotiation or consensus decision making; (9) providing mediation training for those who want to become mediators in the school-wide program; and (10) developing an evaluation process to reach the goal of becoming a peaceable school. History: Added Oct. 31, 1998, No. 6276, § 12, Sess. L. 1998, p. 491.

The skills necessary for the effective development of a conflict resolution education program utilizing the peaceable school approach shall include but shall not be limited to the following: (1) Building a peaceable climate: Responsibility and cooperation are the foundation for all other skills in the peaceable school. To manage student behavior without coercion, adults must take the attitude that effective behavior is the responsibility of the student and strive to develop a sense of responsibility in each. (2) Understanding conflict: For students to engage in successful conflict resolution, they must have a shared understanding of the nature of conflict. The idea that psychological needs are the underlying cause of conflict is useful to students as they seek to resolve disputes through common interests. (3) Understanding peace and peacemaking: Peacemaking activities help students understand and practice the concept of peace. Students shall be taught that specific behaviors are associated with peacemaking, namely appreciating diversity, understanding perceptions, empathizing, dealing with emotions, managing anger, countering bias, and communicating. Principles of conflict resolution shall also be taught as peacemaking behaviors. (4) Mediation: Mediation involves assisted conflict resolution between disputants to be used in the classroom as a school wide vehicle for resolving conflicts. Training activities shall entail a mediation process that allows students to acquire the skills to act as impartial third parties when facilitating conflict resolution between disputants. (5) Negotiation: Disputants shall be taught to resolve their conflicts unassisted by stating their individual needs, focusing on their interests rather than their positions, and in so doing generate options for mutual gain. (6) Group Problem Solving: Group problem solving shall be taught as a creative strategy for dealing with conflicts involving a number of students within the class-room, within groups, and between groups in the school. The objective of the group shall be to achieve a consensus decision that, when implemented, will resolve the conflict. History: Added Oct. 31, 1998, No. 6276, § 12, Sess. L. 1998, p. 491.

(a) The fundamental skill areas are parts of the curriculum of the Creating a Peaceable School model of the Illinois Institute for Dispute Resolution ("IIDR"). It is the intent of this chapter to have the IIDR model adopted throughout the territory's schools to the extent applicable and appropriate. Each school in the Virgin Islands shall have the flexibility to decide whether or not to adopt the IIDR model given its level of intra-school conflict, needs, and level of violent behavior. If the IIDR model is adopted by a school, that school shall develop a peer mediation program. (b) A broad-base coalition of administrators, classroom teachers, special educators, counselors, deans, social workers, and health educators interested in developing a conflict resolution program will be necessary for a successful program. (c) The conflict resolution program team of any school utilizing the IIDR model may also include parents, students, and/or community members. (d) A school in the Virgin Islands opting for the IIDR model shall include the following six phases of the peer mediation-based, conflict resolution program. (1) Develop the Program Team and Commitment (2) Design and Plan the Program (3) Select and Train the Mediators (4) Educate a Critical Mass (5) Develop and Execute a Promotional Campaign (6) Program Operation and Maintenance (e) PHASE I shall include the following activities: (1) creating the program team (2) training the program team (3) designating the program coordinators (4) conducting a needs assessment (5) building faculty consensus for program development (f) Following phase I, the school is encouraged to establish an advisory committee of 10 to 12 members representing the diverse interests of the school and community, including parents, teachers, school and district administrators, students, support staff, community representatives and corporate sponsors. The advisory committee shall oversee the development of the program, including the role of mediation within the school's discipline program: assist the program team in developing timelines for implementation; and identify and develop funding sources. (g) PHASE III entail recruiting, selecting, and training student mediators. Nominations shall be broadly solicited from among staff and students, including self-nominations. Student mediation training shall involve 12 to 15 hours of basic training and 12 to 15 hours of additional advanced training. Basic training shall include understanding conflict, responses to conflict, sources of conflict, communication skills, the role of the mediator, and the mediation process. Advanced training includes bias awareness, social/cultural diversity, advanced communication, uncovering hidden interests, dealing with anger, caucusing, negotiation, group problem solving. (h) PHASE IV focuses on educating a critical mass about conflict, conflict resolution, and the mediation process by using workshops for faculty, students, parents, and the community. An in service training program shall be established for the purpose of helping staff develop a common understanding of conflict, learn the principles of conflict resolution, develop an understanding of the mediation process, learn how to support the peer mediation program through curriculum integration and referral of conflicts to mediation, and prepare to conduct student workshops. (i) Because peer mediation can be greeted with skepticism, promoting the program among the student population is crucial to its success. (j) PHASE VI encompasses requesting mediation, scheduling mediations and mediators, supervising mediators, recording mediation data, providing ongoing training and support, and evaluating programs. History: Added Oct. 31, 1998, No. 6276, § 12, Sess. L. 1998, p. 491.

The Conflict Resolution Education program shall be implemented by all schools in the Virgin Islands by no later than January 31, 1999. History: Added Oct. 31, 1998, No. 6276, § 12, Sess. L. 1998, p. 491.

The purpose of this chapter is to provide for the creation of a bullying prevention, gang resistance education and training program. History: Added May 16, 2014, No. 7587, § 1, Sess. L. 2014, p. 31.

(a) The Legislature finds that bullying has a negative effect on the social environment of schools, creates a climate of fear among students, inhibits their ability to learn, and leads to other antisocial behavior: (1) Sexual, discrimination due to sexual orientation; and (2) Harassment. (b) Bullying behavior has been linked to other forms of antisocial behavior, such as: vandalism, shoplifting, truancy and non-completion of school, fighting, using drugs and alcohol, sexual harassment, and sexual violence. (c) The Legislature further finds that the number of youth delinquent gangs continues to rise on a territory- wide basis. Given the higher rates of criminal offenses by gang members, as well as the availability of increasingly lethal weapons, the spiraling level of criminal activity by gang members has taken on greater importance for law enforcement agencies, schools, the community, and prevention efforts. History: Added May 16, 2014, No. 7587, § 1, Sess. L. 2014, p. 31, 32.

As used in this chapter: (a) "Board" means the Virgin Islands Board of Education; (b) "Bullying prevention" includes but is not limited to instruction in the prevention and strategies for student-centered problem solving all of the following: (1) Intimidation; (2) Student victimization; (3) Sexual harassment; (4) Sexual violence; (5) Sexual, discrimination due to sexual orientation; and (6) Harassment. (c) "Gang resistance education and training" means instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement: (1) Conflict resolution; (2) Cultural sensitivity; (3) Personal goal setting; and (4) Resisting peer pressure. History: Added May 16, 2014, No. 7587, § 1, Sess. L. 2014, p. 32, 33.

(a) Each school district shall make suitable provisions for instruction in bullying prevention and gang resistance education and training in all grades and include such instruction in the courses of study regularly taught therein. (b) The Department of Education shall incorporate the bullying prevention and gang resistance education and training with Conflict Resolution Education set forth in Title 17, Chapter 42. (c) The Board may collaborate with a community-based agency that provides specialized curricula in bullying prevention geared towards preventing sexual violence. (d) The Board shall collaborate with law enforcement agencies for the purposes of gang resistance education and training. The Department of Education shall assist in the development of instructional materials and training for all school personnel in relation to bullying prevention and gang resistance education and training. History: Added May 16, 2014, No. 7587, § 1, Sess. L. 2014, p. 33.

Beginning 180 days after the effective date of this chapter, each school district shall create and maintain a policy on bullying, which must be filed with the Board. Each school district must communicate its policy on bullying to its students and their parents or guardians on an annual basis. The policy must be updated every two years and filed with the Board after being updated. The Board shall monitor the implementation of policies created under this subsection. History: Added May 16, 2014, No. 7587, § 1, Sess. L. 2014, p. 33.

(a) The purpose of this chapter is to provide for the creation of a protected cell corporation by the Legislature of the Virgin Islands to be owned by the University of the Virgin Islands Research and Technology Park Corporation, defined as the "Research and Technology Park Protected Cell Corporation," as a means to provide Hosting Services to Knowledge-Based Businesses, in the Research and Technology Park and to offer tax benefits to the Protected Cells of the Research and Technology Park Protected Cell Corporation. (b) The Research and Technology Park Protected Cell Corporation shall be a public corporation and an autonomous governmental instrumentality of the Governor of the Virgin Islands. It shall be located in the Research and Technology Park and benefits under this chapter shall only be provided to such Corporation and its Protected Cells as defined in this chapter for revenue generated from its operations in the Research and Technology Park. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 244.

As used in this chapter: "Protected Cell" means a separate legal entity created pursuant to section 802 of this chapter and affiliated with the Protected Cell Corporation in accordance with the provisions of this chapter. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 245; amended Mar. 5, 2005, No. 6726, § 2, Sess. L. 2005, p. 1.

(a) There is hereby created by the Government of the Virgin Islands a protected cell corporation to be known as the Research and Technology Park Protected Cell Corporation. Such Research and Technology Park Protected Cell Corporation shall be governed by the Board of Directors of the Research and Technology Park Corporation. Upon the written approval by the Board and the Governor of the plan of operation, which shall include, but not be limited to, the specific business and investment objectives of each Protected Cell, the Research and Technology Park Protected Cell Corporation may establish the Protected Cell and may establish written procedures therefore, which may include an establishment fee and an annual fee payable to the Research and Technology Park Protected Cell Corporation. (b) Each Protected Cell shall have its own distinct name or designation, which shall contain the words: "VI E-Cell" or "Virgin Islands E-Cell", which words shall be a duly registered trade name with the Office of the Lieutenant Governor. The Research and Technology Park Cell Corporation shall have the authority to grant names to each Protected Cell, as long as names shall not be the same as, nor so similar as to cause confusion with, the name of any other Protected Cell, and as long as all names commence with the words "VI E-Cell" so as not to cause confusion with the name of any other entity in the Virgin Islands. (c) Each Protected Cell is a legal entity separate from the Corporation and may be only created as a legal entity that under the laws of the Virgin Islands provides limited liability for at least some of its equity owners, including, but not limited to, a corporation, limited liability company or limited liability partnership. (d) To be entitled to the benefits of this chapter, a Protected Cell must meet the following conditions at all times: (1) The Protected Cell must be an "Electronic Commerce Business," an "e-Commerce Business," or a "Knowledge-Based Business" as defined in title 17 Virgin Islands Code chapter 34, section 482; (2) The Protected Cell must be a tenant of the University of the Virgin Islands Research and Technology Park; and (3) The Protected Cell must have the Corporation as a shareholder, partner, member, or other equity owner, to an agreed minimum percentage, of the total equity interests in the Protected Cell entity. (e) The Research and Technology Park Protected Cell Corporation shall be the exclusive protected cell corporation or similar entity in the Virgin Islands, other than a corporation established pursuant to Title 22, chapter 55, subchapter II of this Code, for a period of 10 years from the date of enactment of this legislation. (f) The resident agent and the location at which the resident agent may be served shall be designated in writing by each Protected Cell to the Research and Technology Protected Cell Corporation and in the absence of such designation shall be the Lieutenant Governor at the Office of the Lieutenant Governor. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 245; amended Mar. 5, 2005, No. 6726, §§ 3(a)(1), (2), (3)(b), (3) (c), Sess. L. 2005, pp. 1, 2; Feb. 10, 2012, No. 7342, § 10(b)(1.), Sess. L. 2012, p. 5.

(a) The assets of any Protected Cell may not be charged with liabilities arising out of any other business of the Research and Technology Park Protected Cell Corporation or any other Protected Cell. (b) The income, gains and losses, realized or unrealized, from each Protected Cell must be credited to or charged against the Protected Cell without regard to other income, gains, or losses of the Corporation, including income, gains, or losses of other Protected Cells. (c) At the cessation of business of a Protected Cell, and in the absence of any placement under administrative supervision or order of rehabilitation or liquidation attributable to that Protected Cell, the shareholders, members, partners, or other equity owners entitled to vote shall voluntarily wind up the Protected Cell in accordance with a duly adopted plan which has also been approved by the Board of Directors of the Corporation. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 249; amended Mar. 5, 2005, No. 6726, §§ 4(a)-(c), 5, 6(a), (b), 7(a)-(c), Sess. L. 2005, pp. 2, 3.

(a) Creditors of a Protected Cell shall not be entitled to have recourse against the assets of other Protected Cells or the assets of the Research and Technology Park Protected Cell Corporation. (b) In no event shall the establishment of one or more Protected Cells alone constitute or be deemed to be a fraudulent conveyance, or evidence of intent by the Research and Technology Park Protected Cell Corporation to defraud creditors or the carrying out of business by the Research and Technology Park Protected Cell Corporation under any other fraudulent purpose. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 249; amended Mar. 5, 2005, No. 6726, §§ 8(a)-(c), 9, Sess. L. 2005, p. 3.

Technology Park Protected Cell Corporation Notwithstanding any contrary provision of this title, the rules and regulations promulgated under this title, or any other applicable law or regulation, upon any order of conservation, rehabilitation, or liquidation of the Research and Technology Park Protected Cell Corporation, the receiver shall be bound to deal with the Research and Technology Park Protected Cell Corporation's assets and liabilities, including the Corporation's interest in each Protected Cell, in accordance with the requirements set forth in this chapter. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 251; amended Mar. 5, 2005, No. 6726, § 10, Sess. L. 2005, p. 3.

Corporation (a) The Research and Technology Park Protected Cell Corporation shall pay an annual franchise tax to the Department of Finance based on the worldwide gross receipts of each of the Corporation's Protected Cells. Each Protected Cell with annual worldwide gross receipts less than or equal to $1,000,000 shall be subject to a franchise tax equal to $200. Each Protected Cell with annual worldwide gross receipts greater than $1,000,000 but not more than $5,000,000 shall be subject to a franchise tax equal to $2000. Each Protected Cell with annual worldwide gross receipts equal to or greater than $5,000,000 but not more than $10,000,000 shall be subject to a franchise tax equal to $5,000. Each Protected Cell with annual worldwide gross receipts greater than $10,000,000 but no greater than $20,000,000 shall be subject to a franchise tax equal to $12,500. Each Protected Cell with annual worldwide gross receipts greater than $20,000,000 but no greater than $50,000,000 shall be subject to a franchise tax equal to $15,000. Each Protected Cell with annual worldwide gross receipts greater than $50,000,000 but no greater than $100,000,000 shall be subject to a franchise tax equal to $20,000. Each Protected Cell with annual worldwide gross receipts greater than $100,000,000 but no greater than $250,000,000 shall be subject to a franchise tax equal to $25,000. Each Protected Cell with annual worldwide gross receipts greater than $250,000,000 shall be subject to a franchise tax as determined by the Board but in no event less than $25,000. (b) Each Protected Cell shall be exempted from the payment of the following taxes: (1) Each Protected Cell shall be entitled to reduce the amount of each payment of estimated income taxes by ninety percent (90%); and reduce the income tax liability shown on its income tax return for the taxable year by ninety percent (90%) on income from Virgin Islands sources and income that is effectively connected with the conduct of a Virgin Islands trade or business pursuant to sections 934(b)(1) and 937 of the Internal Revenue Code. (2) Taxes on real property imposed under subtitle 2 of Title 33 of this Code 2 of Title 33 that same is utilized in one of the businesses or industries for which the Research and Technology Park Protected Cell Corporation has been established. (3) Gross receipts taxes imposed under Title 33, chapter Title 33s Code. (4) All excise taxes on building materials, tools, pipes, pumps, conveyor belts or other appliances, materials and supplies necessary for use in the construction, alteration, reconstruction or extension of the physical plant or facilities of the Research and Technology Park imposed under Title 33,Title 33 3chapter 3Code. (5) All excise taxes on raw materials and component parts brought into the Virgin islands for the purpose of producing, creating or assembling an article, good or commodity imposed under Title 33, chapter 3 of this Code. (c) Notwithstanding any other law, raw materials and component parts brought into the Virgin Islands by a Protected Cell for the purpose of producing, creating or assembling an article, good or commodity shall be imported into the Virgin Islands at a customs duty rate of one percent (1%). (d) Exemptions from or reductions in withholding taxes (1) Every person who receives a payment of interest, dividends or royalties subject to the tax imposed by section 8section 871(a)(1) 8section 881ion 884 of th884 of the Internal Revenue Codecable in the Virgin Islands from the Research and Technology Park Protected Cell Corporation or a Protected Cell shall be exempted from the payment of 100 percent of such tax on interest and shall be subject to a withholding tax of four percent on a payment of dividends or royalties. (2) The Research and Technology Park Protected Cell Corporation shall be exempted from the requirement to withhold tax pursuant to sections 1441 and 1442 of the Internal Revenue Code with respect to the payments referred to in subsection (1) of this section to the extent that such payments are exempt from the tax described in said subsection. (e) All benefits provided under subsections 806(a) and 806(b) of this chapter shall be applicable to any Protected Cell as defined in section 801 of this chapter. (f) The provisions of this section shall apply to shareholders, members, partners, grantors, beneficiaries, or other direct or indirect owners of the Research and Technology Park Protected Cell Corporation or a Protected Cell thereof as defined in section 801(a) of this chapter who are established in the Virgin Islands or who are bona fide residents of the Virgin Islands in accordance with section 932(c) of the Internal Revenue Code. Such shareholders, members, partners, grantors, beneficiaries, or other owners shall be entitled to a ninety percent (90%) reduction on income taxes payable with respect to income derived from the dividends or distributions paid to them by the Research and Technology Park Protected Cell Corporation or a Protected Cell thereof as defined in section 801 of this chapter. (g) Subject to approval of the Governor as provided in this chapter, each Protected Cell shall receive the tax benefits provided for in this section upon the prior written approval of the Board of Directors of the Research and Technology Park Corporation of a plan of operation with respect to the respective Protected Cell. The Protected Cell shall not be subject to any otherwise applicable taxes or tax increases that may be subsequently enacted by the Legislature of the Virgin Islands during the period of its benefits, which is the lesser of fifteen (15) years or the period of time as a Protected Cell. Benefits shall be renewable in increments of ten years, initially, and five years thereafter under rules to be developed by the Board of the Protected Cell Corporation. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 251; amended Mar. 5, 2005, No. 6726, §§ 11, 12, 13(a)-(d), 14, 15(a), (b), Sess. L. 2005, pp. 3, 4; Feb. 10, 2012, No. 7342, § 10(b)(2.), Sess. L. 2012, p. 5.

Upon receiving a finding from the Board recommending a plan of operation for an Existing Business or a plan of operation of Protected Cell be approved, the Governor shall proceed to make his determination as to whether to approve the Board's findings; and in this event the Board shall submit all relevant data and all other requested data to the Governor along with its report for the Governor's consideration. If, after 60 calendar days excluding Sundays and holidays, have elapsed from the date of official receipt at Government House in the capital of the Board's findings, the Governor has neither actively approved nor disapproved the plan of operation and issuance of benefits to the applicant, the plan of operation and issuance of benefits shall be considered approved, and the Board shall then proceed to issue the appropriate certificate. History: Added Feb. 10, 2012, No. 7342, § 10(b)(3.), 2012, pp. 5-6; amended June 18, 2014, No. 7632, § 6, Sess. L. 2014, p. 173, 174.

(a) Each Protected Cell shall get a Protected Cell Business License. (b) The Department of Licensing and Consumer affairs shall process a business license application for the Protected Cell applicant fifteen working days of the applicant's submitting a completed application to the Department of Licensing and Consumer Affairs, or if a determination is not made within such time as to the propriety of the issuance of such a business license, the department shall issue a temporary license to the applicant entitling it to commence business at the expiration of the fifteen-working-days period, allowing it to conduct business as if in receipt of a valid business license for a period not exceeding 30 days pending completion of the process. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 254.

(a) Beneficiaries of the Economic Development Program pursuant to Title 29, chapter 12, of this Code, and beneficiaries of the Farmers, Fishermen and Consumers Assistance Program pursuant to Title 7, chapter 13, of this Code, shall not be eligible to receive benefits under this chapter during the period of their benefits under Title 29 or Title 7, respectively. (b) A beneficiary or a former beneficiary of the Economic Development Program, or its predecessor, the Industrial Development Program or the Farmers, Fishermen and Consumers Assistance Program may apply for benefits under this chapter, with such benefits to commence after the expiration of benefits under Title 29 or Title 7, as appropriate, or with such benefits to apply in lieu of the benefits under Title 29 or title 7, as appropriate, with the prior written permission of the respective agency that granted the benefits to the beneficiary or former beneficiary. (c) A beneficiary or a former beneficiary under this chapter may apply for benefits under the Economic Development Program pursuant to Title 29, chapter 12 of this Code, or under the Farmers, Fishermen and Consumers Assistance Program pursuant to Title 7, chapter 13 of this Code, with the prior written permission of the Corporation. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 254.

The Research and Technology Park Protected Cell Corporation, each Protected Cell thereof, and all contracts or other agreements entered into by the Research and Technology Park Protected Cell Corporation shall be governed by the laws of the Virgin Islands. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 255.

The following records and information of the Research and Technology Park Protected Cell Corporation and information and records provided by Protected Cells to the Corporation shall be kept confidential, unless disclosure is otherwise ordered by a court of competent jurisdiction, or such information is requested by the Governor or any regulator or fiscal enforcement entities of the Government of the Virgin Islands including the Department of Finance, the Bureau of Internal Revenue, or the Attorney General, or by a person duly authorized by law to release such information or required in accordance with a legally issued investigative subpoena of the Office of the Attorney General or of the Inspector General: (a) Confidential, proprietary information, books and records of the Corporation concerning Protected Cells, such as their financial arrangement with the Corporation, royalty arrangements, financing, patents, financial and commercial information and other trade secrets which are recognized and protected as such by law. (b) Information or records provided to the Corporation by a Protected Cell pursuant to a confidentiality agreement where such information and records could not otherwise be obtained by the Corporation without a pledge of confidentiality. (c) Records that represent and constitute the work product of an attorney, which are related to litigation or a claim made by or against the Corporation or one or more Protected Cells. (d) Information which, if released, would give a competitive advantage to competitors of Protected Cells. (e) Information regarding negotiations between the Corporation and a prospective Protected Cell. History: Added Feb. 21, 2002, No. 6502, § 2, Sess. L. 2002, p. 255; amended Feb. 10, 2012, No. 7342, § 10(b)(4.), Sess. L. 2012, p. 6.

This chapter may be cited as the "Dropout Prevention Act." History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 193.

(a) "Community based dropout prevention program" means a program or service provided by a public or private non-profit agency designed to support and supplement the dropout prevention program of the school district. (b) "Disciplinary program" means a program designed to provide intervention for students who are disruptive in the traditional school environment. (c) "Dropout retrieval activities" means educational programs and activities that identify and motivate students who have dropped out of school to re-enter school in order to obtain a high school diploma or its equivalent. (d) "Educational alternative program" means an educational program that is designed to offer variations from traditional instructional programs and strategies for the purpose of increasing the likelihood that students who are unmotivated or unsuccessful in traditional programs will remain in school and obtain a high school diploma or its equivalent. (e) "Retention activities" means educational programs and activities that identify students who are potential dropout candidates, remove those students from the traditional educational environment, motivate them and provide for their return to the educational mainstream and obtain high school diplomas. (f) "Substance abuse program" means an agency-based or school-based educational program designed to meet the needs of students with drug or alcohol-related substance abuse problems. (g) "Teenage parent program" means an educational program designed to provide specialized curriculum and other services to meet the needs of both pregnant students and students who are already parents. (h) "Youth services program" means an educational program provided to students who participate in youth residential or day services programs conducted by the Department of Human Services or another agency. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 193.

All programs funded pursuant to the provisions of this chapter must be positive and reflect strong parental and community involvement. In addition, specific programs must meet the following criteria: (a) Educational Alternative Programs. (1) Educational alternative programs are programs that differ from traditional educational programs and schools in scheduling, administrative structure, philosophy, curriculum, or setting. These programs also employ alternative teaching methodologies, curricula, learning activities or diagnostic and assessment procedures in order to meet the needs, interests, abilities, and talents of eligible students. Student participation in such programs must be voluntary. The minimum period of time during which the student participates in the program must be equivalent to three instructional periods per day of traditional school, unless the program utilizes a resource or tutorial model rather than regularly scheduled courses. (2) The student will be identified as being a potential retention or dropout candidate based upon one of the following criteria: (A) The student has shown a lack of motivation in school through grades which are not commensurate with documented ability levels; (B) The student has a high rate of absenteeism; (C) The student appears to have a drug or substance abuse problem; (D) The student has been unsuccessful in school as determined by retention, failing grades, or low achievement test scores, and has needs and interests that cannot be met through government conducted educational programs or special education programs; or (E) The student has been identified as a potential retention or school dropout candidate by school or student services personnel. (b) Teenage Parent Programs. (1) Teenage parent programs provide young men, pregnant students or students who are already parents with the option of participating in regular classroom activities or enrolling in a special program designed to meet their needs. Students participating in the teenage parent programs are exempt from the minimum attendance requirements for absences related to pregnancy, but shall be required to make up work missed due to those absences. (2) The curriculum must include instruction in such topics as prenatal and postnatal health care, parenting skills, and child growth and development. (3) Ancillary services such as: child care, health care, social services, and transportation may be provided through the coordination of existing programs and services. (c) Substance Abuse Programs. (1) Substance abuse programs provide basic educational instruction for students participating in non- school based residential or day substance abuse treatment programs. Such educational programs must provide curricula and related services which support the program goals and which are appropriate for the completion of a high school diploma or its equivalent. (2) The program must provide school-based programs that serve students who have documented drug or alcohol-related problems and shall include instruction designed to prevent substance abuse. (d) Disciplinary Programs. (1) Disciplinary programs serve the student who has a disruptive behavior in school or has committed an offense that warrants suspension, adjudication as a person in need of supervision, or expulsion from school according to the code of student conduct. For the purposes of this program, disruptive behavior is behavior that: (A) interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide, or results in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classrooms; or (B) severely threatens the general welfare of the student or others with whom the student comes into contact. (2) The program includes, but is not necessarily limited to, in-school suspension, alternatives to expulsion, counseling centers, and crisis intervention centers. (3) Students who have been placed in detention or a court-adjudicated commitment program or a person adjudicated in need of supervision must be evaluated by school district personnel upon the completion of the program prior to the placement of the students into an educational program. Such students must not be automatically assigned to a disciplinary program upon re-entering the school system. (4) Prior to assigning a student to a disciplinary program of more than 10 days in duration, the insular superintendent shall attempt a continuum of education and student services to identify the causes of the disruptive behavior, to modify the behavior, or to provide more appropriate educational services to the student; however, students who have committed an offense which warrants expulsion according to the code of student conduct may be assigned to a disciplinary program without attempting a continuum of services. (e) Youth Services Programs. (1) These programs are designed to serve the student who is participating in a detention, commitment, or a rehabilitation program that is sponsored by a community-based agency or is operated or contracted for by the Department of Human Services. (2) A program must be provided that shall consist of appropriate basic academic, vocational, or exceptional curricula and related services that support the rehabilitation program goals and that leads to the completion of the requirements for a high school diploma or its equivalent. (3) School age children are required to participate in the program. (4) The insular superintendent shall make every effort to provide students in youth services programs with a wide range of educational programs. (5) The Department of Education may contract with a private nonprofit entity to provide educational programs to clients of the Department of Human Services. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 194.

(a) Each district may establish one or more alternative programs for dropout prevention at the elementary, junior high school or high school level. (b) Any school district desiring to receive state funding for a dropout prevention program shall develop a comprehensive dropout prevention program plan that describes all of the programs and services that the district will make available to the students pursuant to § 824 of this chapter. School districts that do not implement all of the programs outlined in § 824 shall provide evidence that such programs are not needed within the district, or that the needs of the students are being provided through existing public or private agencies or entities, or that the district is unable to provide the program. (1) In order to be approved, each plan must include the following components: (A) emphasis on parental, community, and business involvement; (B) interagency coordination in order to maximize existing human and fiscal resources; (C) a method for early identification of potential dropouts; (D) dropout retrieval activities; (E) employment skills and other career awareness activities related to preparation for the work force; (F) the commitment of the district in achieving the goals and objectives of this section, as evidenced by the assignment of at least one person to be responsible for the implementation and administration of the district's dropout prevention program. (2) For each program provided by the district under § 824, the following information must be provided in the program plan: (A) student eligibility criteria; (B) student admission procedures; (C) operating procedures; (D) program goals and outcome objectives; (E) qualifications of program personnel; (F) the program budget, including identification of all federal, local, or other funds which will be used to support the program; (G) a schedule for staff development activities; and (H) evaluation procedures which describe how objectives will be achieved and measured. (c) Prior to the implementation of the program, the Insular Superintendents must submit the district comprehensive dropout prevention program plans to the Commissioner of Education for approval no later than 60 days subsequent to the passage of this legislation. In subsequent years, the insular superintendents shall submit supplemental plans to the initial dropout prevention plan. (d) The insular superintendents may modify courses listed in the state curriculum for the purpose of providing dropout prevention programs pursuant to the provisions of this chapter. The Commissioner must approve the modifications that may include the lengthening or shortening of the time allocated for in-class study, alternate methods of assessment of student performance, and the integration of curriculum frameworks or student performance standards to produce interdisciplinary units of instruction. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 197.

Beginning with the 2008-2009 school year, each school district receiving funding for the dropout prevention programs shall submit an annual report to the Department of Education documenting the extent to which each of the district's dropout prevention programs have been successful in meeting the objectives established for the district program. The Department shall compile all of the information into an annual report which shall be submitted to the Legislature not later than June 30th of each year. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 199.

Staff assigned to dropout prevention programs shall participate regularly in staff development activities relating to their specific duties and responsibilities pursuant to the district's approved dropout prevention program plan and master in service plan. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 199.

Each district providing a program for dropout prevention under this chapter shall include maintain provisions of statistical and demographic data for each participating student for whom funding is generated, records documenting the student's eligibility, the length of participation in the program, the type of program to which the student was assigned, and an administrative review of any action by school personnel relating to such placement. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 199.

School district dropout prevention programs must be coordinated with social services, law enforcement agencies, prosecutorial and juvenile justice agencies in the school district. These agencies may exchange information contained in student records and juvenile justice records with written permission from the parents of the students. School districts and other agencies receiving the information shall use the information only for official purposes connected with the certification of students for admission and for the administration of the dropout prevention program and the agencies shall maintain provisions of statistical and demographic data the confidentiality of the information unless otherwise provided by law. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 199.

The Department of Education shall develop a manual for school districts which includes presentation of the intent and goals of this chapter, requirements for comprehensive dropout prevention programs plans, examples of successful practices, identification of resources available to supplement educational programs, and any other information that will assist in the successful implementation of this chapter. The manual must be made available to school districts at the beginning of the 2008-2009 school year. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 199.

(a) Beginning with the 2008-2009 school year, from funds specifically appropriated by the Legislature for this purpose, the Department of Education may award grants on a competitive basis to public or private nonprofit organizations wishing to implement dropout retrieval activities or community-based dropout prevention programs. The Department of Education shall award the grants annually no later than January 30th of each year. (b) Organizations wishing to apply for a grant shall submit a grant proposal to the Department of Education. In order to be considered for funding, the grant proposal must include the following assurances: (1) A detailed description of the program to be implemented, including a statement of program objectives, activities, target population, number of students to be served, and an identification of all education, community agency, private sector or other personnel and resources involved in program development and implementation. (2) Assurance that parents and guardians will be involved in the development and implementation of the program. (3) A detailed program budget. (4) Measures for the evaluation of the effectiveness of the program, including cost-effectiveness. (c) The Department of Education shall consider the following factors in awarding grants as outlined in subsection (b): (1) The dropout rate within the geographic area to be served by the program. Those geographic areas with high dropout rates shall have priority for selections; (2) The qualification of the personnel who will be responsible for program implementation and administration; (3) The extent to which the programs will be coordinated with existing public educational programs and social and medical services; or (4) The degree to which the programs' objectives and activities are consistent with the goals of this subsection. (d) The Department shall make information on all criteria to be used in the selection of proposals for funding pursuant to the provisions of this subsection available to any organization wishing to apply for a community-based dropout prevention program grant. (e) Organizations that are awarded grants pursuant to the provisions of this subsection shall submit an annual report to the Department of Education documenting the extent to which the program objectives are being met. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 200.

The Department of Education may adopt any rules necessary to implement the provisions of this chapter; provided that such rules must require the minimum amount of paperwork and reporting necessary to comply with this act. History: Added Dec. 6, 2007, No. 6974, § 1, Sess. L. 2007, p. 201.

This chapter may be cited as "The National Guard Youth Challenge Program Act". History: Added June 24, 2009, No. 7068, § 1, Sess. L. 2009, p. 41.

Written Guidelines (a) The Virgin Islands National Guard shall implement and administer the Youth Challenge Program, whose goal is to improve the life skills and employment potential of participants by providing military-based training and supervised work experience, in addition to the core program components of assisting participants to receive a high school diploma or its equivalent, leadership development, promoting fellowship and community service, developing life-coping skills, and improving physical fitness, health and hygiene. (b) The Virgin Islands National Guard shall promulgate rules and regulations, including program personnel policy and staff criteria, participants eligibility standards, and procedures consistent with the Rules and Regulations of the U.S. Department of Defense Instruction No. 1025 promulgated by the U.S. Secretary of Defense and 52 U.S.C. Section 509. (c) The National Guard shall prepare written guidelines concerning the nomination and selection process of participants in the program, and the guidelines must include a list of the factors considered in the selection process. History: Added June 24, 2009, No. 7068, § 1, Sess. L. 2009, p. 41.

Participation in the Youth Challenge Program is on a voluntary basis. No person may be sentenced by any court to participate in the program; however, a youth court Judge may recommend the program to a child when, under the court's determination, such a program would be sufficient to meet the needs of the child. History: Added June 24, 2009, No. 7068, § 1, Sess. L. 2009, pp. 41, 42.

(a) The Virgin Islands National Guard under the auspices of the Challenge Academy, may award an adult high school diploma to each participant who meets the requirements for a general equivalency diploma (GED) under the policies and guidelines of the GED Testing Services of the American Council on Education and any other minimum academic requirements prescribed by the National Guard and Challenge Academy for graduation from the Youth Challenge Program. (b) Participants in the program who do not meet the minimum academic requirements may be awarded a special certificate of attendance. (c) The National Guard and the Challenge Academy, in consultation with the Virgin Islands Board of Education, shall establish rules and regulations for awarding the adult high school diploma and shall prescribe the form for such diploma and the certificate of attendance. History: Added June 24, 2009, No. 7068, § 1, Sess. L. 2009, p. 42.

The Virgin Islands National Guard may accept any available funds that may be used to defray the expenses of the Program, including, but not limited to, federal funding, public or private funds and any funds that may be appropriated by the Legislature for that purpose. History: Added June 24, 2009, No. 7068, § 1, Sess. L. 2009, p. 42.

The Virgin Islands National Guard shall make an annual report to the Governor and the Legislature on the Youth Challenge Program including, but not limited to, the number of applicants to the program by district, race and sex, the number of applicants accepted, the number of applicants rejected, the number of persons completing the program, the number of GEDs awarded, the number of certificates awarded and data regarding sources of funding, employees and expenditures. History: Added June 24, 2009, No. 7068, § 1, Sess. L. 2009, p. 42.