Guam § 44104 - Council on Post-secondary Institution Certification.

§ 44104. Council on Post-secondary Institution Certification.

(a) Establishment, Powers and Duties. There is within the

government of Guam the Council on Post-secondary Institution

Certification that shall authorize the granting of diplomas and degrees by

any private, nonpublic post-secondary institution operating on Guam. The

Council shall exercise independently all powers, duties, and functions

prescribed by law. The Council shall function in matters concerning

independent post-secondary institutions in consumer protection, program

improvement, and certification for private post-secondary institutions

prescribed in this Chapter. The Council shall:

(1) Establish minimum criteria including quality of education,

ethical and business practices, health and safety and fiscal

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responsibility, which applicants for authorization to offer or operate

education services or grant degrees or diplomas as a post-secondary

education institution or for an agent’s certification, shall meet before

such authorization or certification may be issued, and to continue such

authorization or certification in effect. Criteria to be developed

hereunder shall be such as will effectuate the purposes of this Chapter,

but will not unreasonably hinder legitimate education innovation.

(2) Establish rules for the approval of modified or additional

programs, degrees, and locations.

(3) Receive, investigate, and act upon applications for

authorization or approval to operate educational institution and

application for agent’s permit.

(4) Inform private post-secondary institutions operating in the

Territory of Guam of laws adopted by I Liheslaturan Guåhan, and

rules and regulations adopted by the Council and of their responsibility

to follow those laws and rules and regulations.

(5) Establish procedures for receiving and responding to

complaints from students, faculty, and others concerning institutions or

programs under the purview of the Council, and keep records of such

complaints in order to determine the frequency and nature of

complaints with respect to specific institutions of higher education.

(6) Establish procedures and criterion for application by means of

certification.

(7) Establish procedures for conducting periodical assessments on

each certified institution to determine if such is in compliance with this

Chapter. The Council may extend an annual or provisional

certification if a good faith effort has been made by the institution.

The Council shall determine what constitutes compliance or a good

faith effort and may adopt rules to administer this provision.

(8) Develop minimum standards by which to evaluate institutions

for certification. These standards must include, at least the

institution’s name, financial stability, purpose, administrative

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organization, admission and recruitment, education programs and

curricula, retention, completion, career placement, faculty, learning

resources, student personnel services, physical plant and facilities,

publications, and disclosure statements about the status of the

institution with respect to professional certification and licensure. The

Council may adopt rules to ensure that institutions certified under this

Chapter meet these standards in ways that are appropriate to achieve

the stated intent of this Chapter, including provisions for nontraditional

or distance education programs and delivery.

(9) Establish rules to ensure the protection of students, including

rules establishing fair consumer practices pursuant to §44106 of this

Chapter.

(10) Establish rules to protect students from the detriment caused

by certified institutions that cease operation without providing for

proper completion of student training or for the appropriate refund of

student fees. Rules may be established to exercise control over student

records upon closure of a certified institution if the institution does not

provide an orderly closure.

(11) Recognize an institution based on the institution’s highest

educational offering and shall adopt rules for certification that include

reporting requirements for each level of certification.

(12) Serve as a central body for collecting and distributing current

information regarding institutions certified by the Council.

(13) Make rules for its own governance.

All rules, regulations, and fees established by the Council as

necessary to implement the provisions of this Chapter shall be subject

to Chapter 9 of Title 5 of the Guam Code Annotated (the

Administrative Adjudication Law). The Council in its entirety is

subject to all laws applicable on Guam to include, Chapters 8 and 10 of

Title 5 of the Guam Code Annotated (the Open Government Law and

the Freedom of Information Act Law, respectively).

(b) The Council may:

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(1) appoint standing or special committees to assist it in carrying

out its responsibilities. Committees may include members who are not

Council members or representatives of certified post-secondary

institutions.

(2) sue or be sued.

(3) advise I Maga’lahen and I Liheslatura on issues relating to

private post-secondary education;

(4) assist private post-secondary institutions in formulating

articulation agreements with public and other independent institutions.

(5) establish fees for the following:

(i) Application for Certification.

(ii) Application for Renewal of Certification.

(iii) Late fees for an institution’s failure to timely submit

required materials.

(6) Take such legal action as it deems necessary to cause the

owners, directors, or administrators of private post-secondary

institutions to refrain from offering any part or all of such educational

programs which the Council shall have found to be inadequate.

(7) Refer matters it deems appropriate to the Office of the

Attorney General for investigation and prosecution.

(c) Membership. The Council shall consist of seven (7) members who

are bona fide residents of the Territory of Guam. The membership shall

consist of:

(1) The President of the University of Guam, or his appointed

designee;

(2) The President of the Guam Community College, or his

appointed designee;

(3) The Superintendent of the Department of Education, or his

appointed designee;

(4) The Director of the Department of Labor, or his appointed

designee;

(5) A Chairman appointed by I Maga’lahen Guåhan, with the

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advice and consent of I Liheslaturan Guåhan; and

(6) Two (2) at-large members appointed by I Maga’lahen

Guåhan, with the advice and consent of I Liheslaturan Guåhan, with

backgrounds in education and business, respectively, who are not

affiliated with any institution of higher education.

(i) Members appointed by I Maga’lahen shall serve for a

term of three (3) years and until their successors are appointed

and confirmed. Such members shall not be required to submit

courtesy resignations should there be a change in administration.

Should a vacancy occur before the expiration of a term, I

Maga’lahen shall appoint a successor to serve the unexpired

portion of the term. Designees appointed by the President of the

University of Guam, the President of the Guam Community

College, the Superintendent of the Department of Education,

and/or the Director of the Department of Labor shall serve a term

as designated by their appointing authority.

(ii) Members appointed by I Maga’lahi shall receive a

stipend of Fifty Dollars ($50) per official meeting.

(d) Meetings. The Council shall determine the time and place of

Council meetings which shall not be fewer than four (4) times in each

calendar year. Five (5) members shall constitute a quorum and all actions,

with the exception of those regarding the operating procedures of the

Council, shall be adopted according to the affirmative vote of the majority

of Members present and shall be in writing.

(e) Administrative Support. The Council shall be administratively

supported by the Staff of the Guam Commission for Educator Certification,

whose administrative office shall hereby be called, “the Guam Certification

Office”.

(f) Fees. The Council shall retain all fees collected and use such fees

for its operations. Fifty percent (50%) of its fees collected shall be used for

the administrative function of the Guam Certification Office.

(g) Website. The Council shall maintain a website that shall contain

rules, regulations, and fees as established and adopted by the Council

pursuant to this Chapter. The website shall also contain, but not limited to,

the following:

(1) procedure and application for certification;

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(2) list of applications received by the Council;

(3) list of rejected applications;

(4) list of all actions taken by the Council;