Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698078383759.pdf (Samoa)
2019 Education Amendment No.

5 SAMOA Arrangement of Provisions Short title and commencement Section 7 amended Section 2 amended Section 11 amended 1.

2.

3.

4.

5.

6.

Section 24 substituted 7.

General amendments 8.

Consequential amendment Section 23 amended __________ 2019, No.

5 AN ACT to amend the Education Act 2009 (“Principal Act”).

[31st January 2019] BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows: 2 Education Amendment 2019, No.

5 1.
5 1.

Short title and commencement: (1) This Act may be cited as the Education Amendment Act 2019.

(2) This Act commences on a date nominated by the Minister.

2.
Section 2 amended: In section 2 of the Principal Act: (a) repeal the definitions of “Ministry school” and “village school”; (b) for the definition of “compulsory school-aged child” substitute with new definition: ““compulsory school aged child” means a child who is 4 years old (for Early Childhood Education) and between 5 years old to 16 years old (for primary and secondary education);”; and (c) insert in the correct alphabetical order, the definition of: ““Government school” means a school that is overseen and regulated by the Ministry and includes a village primary school and district secondary school and college; “narcotic” has the meaning given under the Narcotics Act 1967.”.
3.

Section 7 amended: In section 7(2) substitute “special needs” with “disability”.

2019, No.

5 Education Amendment 3 4.

Section 11 amended: In section 11 of the Principal Act, substitute “and address” with “, address and birth certificate number”.

5.
Section 23 amended: In section 23(3) of the Principal Act substitute: “(3) Despite subsection (2), any teacher for a secondary school is justified in using reasonable force on a child attending the school that teacher teaches in, if the force is used in a reasonable circumstance which includes but is not limited to: (a) (b) preventing or minimising harm to the child or another person; or preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or (c) preventing the child from engaging or continuing to engage in threatening, offensive or disruptive behaviour.
(3A) For the purpose of subsection (3) the use of any object by a teacher to impose force does not amount to reasonable force.

(3B) A teacher who uses an object to impose force under this section is liable to being charged with an offence under the Crimes Act 2013.”.

6.

Section 24 substituted: For section 24 of the Principal Act, substitute: 4 Education Amendment 2019, No.

5 “24.
5 “24.

Prohibition of alcohol, tobacco and narcotics: (1) A teacher must not during school hours, or during any school organised activity on the school compound: (a) (b) (c) consume any alcohol; or be affected by any narcotic; or be affected by any alcohol to the extent that the teacher or student loses control or has significantly diminished control of his or her behaviour or faculties.
(2) A student must not at any time, whether during school hours or during any school organised activity on the school compound or not: (a) use or have in his or her possession any alcohol; or (b) use or have in his or her possession any narcotics; or (c) use or have in his or her possession any tobacco.
(3) A teacher may inspect a student’s belongings if the teacher has reasonable grounds to believe that the student has in his or her possession any of the following: (a) (b) (c) alcohol; narcotics; or tobacco.

2019, No.

5 Education Amendment 5 (4) A teacher who breaches subsection (1) is subject as follows: (a) for a Government school teacher, subject to the discretion of the Chief Executive Officer; (b) for a mission or private school teacher, subject to the discretion of their employer.
(5) A student who breaches subsection (2) is subject to section 57.

(6) For the purpose of this section, if narcotics are found the matter must be reported to the Police Commissioner as applicable in the situation, by the teacher, by the principal, by the Chief Executive Officer or by the employer.”.

7.

General amendments: (1) In the Principal Act, for “Ministry school” and “village school” substitute “Government school”.
(2) In the Principal Act, for “with special needs” substitute “living with disabilities”.

8.

Consequential amendment: Section 14 of the Infants Ordinance 1961 is amended by inserting after “parent,” the words “secondary school”.

__________ The Education Amendment Act 2019 is administered by the Ministry of Education, Sports and Culture.

Printed by the Clerk of the Legislative Assembly, by authority of the Legislative Assembly.