IT was on thirty-five years ago on October 13 when P.L. 6-10 or the “Education Act of 1988” (codified as amended at 1 CMC at 1 CMC §§ 2251-2273 and 3 CMC §§ 1101-1192, which took effect October 25, 1988, created the CNMI Public School System as a non-profit corporation within the CNMI government headed by the Board of Education.
Under the statute, the CNMI Board of Education became the governing and policymaking body of the school district. By act, it was empowered to formulate policy and exercise control over the Public School System and to establish rules, regulations, and policies for the operation of the Public School System.
Public education is enshrined in the CNMI Constitution, and, there are five specific sections/components that protects the mandate – and every child’s right to – quality free education.
Article XV, Section 1: Elementary and Secondary Education promulgates 5 key components of public education. These are:
Every person in the Northern Mariana Islands has the right to free, compulsory and public elementary and secondary education within age and educational levels provided by law. The educational system shall provide maximum educational and training opportunities and be sensitive and responsive to the needs and desires of the community as it pursues its central objective of developing human potential. The educational system shall also provide support and guidance for students in assessing areas of interest and ability, in clarifying values and goals, and in providing students with clear and accurate information so they may gain the most from their educational experience. The educational system shall recognize the district and unique cultural heritage and indigenous way of life of the people and shall be committed to provide for the language needs of the people and preservation of their cultural integrity within a global community.
Administration of the public elementary and secondary education system of the Commonwealth shall be the responsibility of a superintendent of education appointed by a representative board of education. The board of education shall formulate policy and exercise control over the public school system through the superintendent. Other matters pertaining to its operations and duties shall be provided by law.
The board of education shall five members, elected at large on a non-partisan basis as follows, one from the first senatorial district, one from the second senatorial district and three from the third senatorial district. Elected members of the board of education shall serve terms of four years except that the terms of the first member elected shall be determined by drawing of lots with three members serving a term of four years and two members serving a term of two years. The governor shall appoint three non-voting ex-officio members to the board of education: one member shall be a student attending a public school; one member shall be a representative of non-public schools; and one member selected by an exclusive bargaining representative of the teachers within the Department of Education. Elected members of the board shall serve commencing on the second Monday of January in the year following the regular election at which they were elected
A member of the board of education shall be qualified to vote in the Commonwealth, at least twenty-five years of age, and a resident and domiciliary of the Commonwealth for at least five years immediately preceding the date on which the member takes office. A longer residency and domicile requirement may be provided by law.
The public elementary and secondary education system shall be guaranteed an annual budget of not less than fifteen percent of the general revenues of the Commonwealth. The budgetary appropriation may not be reprogrammed for other purposes, and any unencumbered fund balance at the end of the fiscal year shall be available for reappropriation.
Source: Original provision (ratified 1977, effective 1978); amended by Second Constitution Convention Amendment 38 (ratified 1985, effective 1988).