EDUCATION ACT

CHAPTER 39:01
(continued)

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PART I

ESTABLISHMENT OF SCHOOLS

Public Schools

SECTION
11. Classification.
12. Public schools.
13. Duty to provide public schools.
14. Establishment of existing and future public schools.
15. Boards of assisted schools.
16. Policy directives.
17. General powers and duties of Board of assisted schools.
18. Account and audit.
19. Annual reports as to assisted schools.
20. Grants to governing bodies of assisted schools.
21. Duties of managers of assisted schools.
22. Prohibition on imposition of charges or other requirements on pupils.
23. Power to constitute committee for Government schools.
24. Management of Government schools where no Committee.
25. Annual reports as to Government schools.
26. Supervisor responsible for certain functions.
27. Responsibilities of Principals.
28. Composite schools.
29. Conscience clause.
30. Private schools to be registered.
31. Private Schools Register.
32. Publication of Register.
33. Cancellation of registration.
34. Returns as to private schools.
35. Disqualification as a teacher.
36. Offences in respect of returns, and employment of teachers.
37. Minister or his representative may visit private schools and make enquiries.
38. Saving of technical institutes already established.
39. Special schools and classes.
40. Other special classes or services providing special education.
41. Establishment of teachers’ colleges.
42. Power to enter into agreements with U.W.I.
43. Interpretation.
44. Suspension and expulsion of pupils.
45. Suspension or expulsion in private schools.
46. Suspension on account of disease, etc.

Classification.
11. (1) For the purposes of this Act the school system shall be organised in two categories to be known as public schools and
private schools.

(2) Subject to this section a public school is a school maintained at public expense to which the general public has access
without any condition, other than those required or authorised by this Act and the Regulations.

(3) In subsection (2), the expression "a school maintained at public expense" means that the school is so maintained at the
expense of the public generally and not at the expense of a particular section of the public, whether the expense is met wholly or partly out of public funds or otherwise, and whether such school is provided by some person or authority other than the Government or not; and such a school shall be treated as a public school notwithstanding that entry to such school is normally confined to persons residing in a particular locality.

(4) A Government school is a public school wholly owned by the Government.

(5) An assisted school is a public school, the Board of Management of which has received or is in receipt of public funds for
building or extension or re-building or for the equipment and facilities provided for the school.

(6) A private school is a school provided and maintained by some person or authority other than the Government.

Public Schools
12. (1) The Public School system shall be comprised of such Public schools as may from time to time be found necessary for the efficient carrying out of the responsibilities of the Minister, and may include—

(a) infant or nursery schools or departments of schools providing education suitable for children under the age of five years;

(b) primary schools or primary departments of schools providing education suitable for children of age 5-12 years;

(c) intermediate schools established under the former Education Ordinance;

(d) junior secondary schools or junior secondary departments of schools providing education suitable for children of age 12-14 years;

(e) secondary general or comprehensive schools or both providing education suitable for children of age between 12 and 20 years;

(f) vocational or technical schools or vocational or technical departments of schools providing education suitable for the needs of craftsmen and technicians;

(g) teachers' colleges or institutions for the professional training of teachers for service in the schools of the country;

(h) special schools for the education and training of children who are handicapped in such a way as to require special educational facilities for their best development;

(i) any other schools or departments of schools for the education of adults and youths along suitable courses.

(2) Having due regard to the educational requirements of the pupils residing in any locality and after such consultation as he considers desirable and in the case of an assisted school, with the approval of the Board of Management, the Minister may designate, redesignate, classify and reclassify public schools to fulfil the purposes of education deemed most expedient from time to time.

Duty to provide public schools
13. The Minister shall cause to be provided such number of public schools as is in his opinion necessary to secure a sufficient number of school places for children of compulsory school age.

Establishment of Existing and Future Public Schools
14. (1) Assisted schools existing at the commencement of this Act shall be deemed to have been established by this Act and shall continue as public schools under this Act and the Regulations.

(2) Subject to this Act, private schools established before or after the commencement of this Act may become public schools only in accordance with this Act and the Regulations.

BOARDS OF MANAGEMENT OF ASSISTED SCHOOLS, MANAGERS

Boards of Assisted Schools
15. (1) Where, in accordance with section 14(1), at the commencement of this Act any school is deemed to have been established as an assisted school, there shall be established, for the purpose of exercising the control of the school, a Board of Management consisting of persons appointed by the authority which established the school, save that the Minister may require the school to be controlled jointly with any other assisted school operated by the same authority.

(2) Every assisted school established after the commencement of this Act shall be controlled by a Board.

(3) The Board shall consist of not less than three members, except that there may be more than three members of any such Board if that Board controls more than one school or there are special reasons which render it desirable to have more than three members on that Board.

Policy Directives
16. Subject to this Act, a Board shall act in accordance with any special or general directives of the Minister concerning the exercise and performance of its powers and duties conferred or imposed on it by this Act and the Regulations.

General Powers and Duties of Board of Assisted Schools
17. (1) Subject to this Act and of any regulations made thereunder, a Board with regard to assisted schools under its management ----

(a) shall have the control and management of all matters relating to the establishment and maintenance of new schools, the making of applications for recognition of new schools, the maintenance of existing schools, the re-building or extension of schools and such other matters relating to the organisation of such schools as may from time to time be referred to them;

(b) shall receive, disburse and account for the expenditure of such grants-in-aid as may from time to time be allocated to them from public funds;

(c) shall be responsible to the Minister for the efficient maintenance of schools under its authority, for the provision of all requisite furniture and for keeping school buildings in a good state of repair and sanitation;

(d) shall furnish such returns as the Minister may from time to time require;

(e) may, from time to time as may be necessary, appoint or suspend or dismiss a Manager for a school or schools, and may delegate to such manager such of the powers and duties of the Board as it may think fit;

(f) may, pursuant to a resolution in that behalf, establish and maintain at a bank, in accordance with sub-sections (2) and (3), accounts, as respects money paid to the Board in accordance with section 20, for the purposes of the school or schools under its control in such manner and in such amount as may from time to time be determined by the Comptroller of Accounts;

(g) shall generally have and exercise all the powers duties and functions conferred on Boards of assisted schools by this Act or by any Regulations made thereunder.

(2) Any such account that is established by the Board of any assisted school may be held jointly in the names of, and be operated by, the secretary and one other person to be appointed in that behalf by the Board, or may, with the express approval in writing of the Comptroller of Accounts but not otherwise, be in the sole name of, and be operated by, the secretary or other approved officer of the Board.

(3) Money in any such account shall be available only for the payment of salaries, wages, emergency expenditure and such other expenditure as the Board and the Comptroller of Accounts may jointly approve. A statement of all payments made from the account shall be submitted to the Board for approval at its first ordinary meeting thereafter. The payment of money out of the account for any purpose not hereby authorised shall be deemed to be a misappropriation of the funds of the Board.

Accounts and Audit
18. (1)The Board of an assisted school shall provide for full and true accounts, respecting receipt and expenditure of public funds, to be kept in the manner prescribed by Regulations made under this Act, or (if the manner of keeping the accounts is not so prescribed) in a manner approved by the Minister.

Ch.69:01
(2) For the purpose of the audit of such accounts, the Board of an assisted school is a statutory authority within the meaning of Part V of the Exchequer and Audit Act.

Annual reports as to Assisted Schools
19. (1) The Board of every assisted school shall cause to be forwarded to the Minister before the last day of March in each year, a report for the previous year containing a statement of accounts in the form approved by the Minister respecting receipt and expenditure of any public funds paid to it in accordance with section 20 for the year ending with the thirty-first day of December preceding, and such other information as the Board may consider appropriate.

(2) For the purpose of verification of the accounts referred to in subsection (1), the Minister may require such additional information, in such form as he may in any particular case direct, as he considers necessary.

(3) Where a Board controls the management of more than one assisted school, a separate report for the purposes of this section shall be forwarded in respect of each assisted school under its control.

Grants to Governing Bodies of Assisted Schools
20. The Minister may, out of money appropriated for that purpose by Parliament, pay to the Board of each assisted school grants for such purposes as may from time to time be prescribed.

Duties of Managers of Assisted Schools
21. Every manager shall be responsible for the efficient performance of—

(a) such duties as may be delegated to him by a Board of Management;

(b) such duties as are delegated to him by the Minister including—

(i) the checking of attendance register at least once a month;

(ii) the furnishing of such reports as may be prescribed or required at any time by the Minister;

(iii) the protection of school premises and furniture against improper use.

Prohibition on Imposition of Charges or Other Requirements on Pupils
22. (1) Except with the written permission of the Minister, a Principal or Board of Management may not impose a charge of any kind whatsoever on pupils in a public school—

(a) in return for any service provided by the school or by the Principal, Board or any teacher;

(b) as a contribution in respect of any activities normally undertaken as part of the curriculum of the school.

(2) A Principal or Board of Management may, not require any pupil in a public school to procure his books, stationery, uniform or other appliances required for participation in the courses or other activity of the school from any particular person or supplier.

(3) In subsection (1) "charge" includes a requirement for payment in money or money's worth.

COMMITTEES OF MANAGEMENT—GOVERNMENT SCHOOLS

Power to Constitute committee for Government Schools
23. (1) The Minister may, whenever he considers it expedient, by Order constitute Committees of Management for any Government school, consisting of such number of public officers as he considers appropriate.

(2) Subject to this Act, a Committee established under this section shall exercise such powers, functions and duties as are conferred on it by the Minister.

Management of Government Schools where no Committee
24. In the abscence of the establishment of a Committee under section 23, Government schools shall be controlled by a Supe visor of Schools designated as manager of the school subject to the directions of the Minister, and the Supervisor shall exercise such powers, functions and duties as the Minister may confer.

Annual Reports as to Government Schools
25. The Principal of every Government school shall prepare and forward through the Supervisor to the Minister before 1st March in each year, a report for the Previous year containing a statement of accounts in the form approved, and containing such information as is required by the Minister.

GENERAL AS TO PUBLIC SCHOOLS

Supervisor Responsible for Certain Functions
26. A Supervisor shall, as respects all public schools be responsible for the exercise and performance of such powers duties and functions as are prescribed, and in particular for ---

(a) the supervision and inspection of the programme of education required by the curriculum;

(b) ensuring that school premises, property and stock are protected against improper use;

(c) the submission of reports on matters relating to the discipline of teachers;

(d) the conduct and supervision of courses of induction and training for untrained teachers in service as well as courses for other teachers;

(e) the observance of the provisions of this Act and the Regulations pertaining to the conduct of schools;

(f) arranging for the approval of such special leave to teachers as may be granted them in accordance with the Regulations;

(g) arranging for the approval of school holidays that may be granted in accordance with the Regulations;

(h) considering and assessing the confidential reports of teachers;

(i) furnishing such returns as may be prescribed or required at any time by the Minister;

(j) dealing with all other matters of organisation, management and administration as may be referred to him by the Minister;

(k) co-operating with appropriate authorities in the exercise of authorised schemes;

(l) supervising the due performance of the functions of Managers.

Responsibilities of Principals
27. Subject to this Act and the Regulations, Principals of schools shall be responsible for the day to day management of their school including—

(a) the supervision of the physical safety of pupils;

(b) the suitable application of the syllabus in conformity with the needs of the pupils of the school, and the administration of the school's programme;

(c) allocation and supervision of the duties and responsibilities of members of their staff;

(d) the discipline of the school;

(e) teaching;

(f) the proper use of school equipment and stock;

(g) the keeping of proper records;

(h) the making of financial reports through the Manager and the Supervisor to the Minister containing a statement of accounts in the form approved as well as such information as is required by the Minister;

(i) the furnishing of such returns as may-be prescribed or required at any time by the Minister or their respective Boards or Committees of Management;

(j) ensuring the observance of the provisions of the Act and any Regulations made thereunder in their respective schools;

(k) co-operation with parents and with approved authorities in the execution of authorised schemes.

Composite Schools
28. (1) Notwithstanding anything in this Act, the Minister may, after having due regard to the educational requirements of pupils resident in any locality and after such consultation as he considers desirable, establish, in a Government school, a composite school for any locality for the provision of primary education and secondary education.

(2) Notwithstanding anything in this Act, the Minister may, having the like regard and with the approval of the Board of Management concerned, wherever he considers it expedient, direct that an assisted school shall be administered as a composite school for any locality for the provision of primary and secondary education.

(3) The extent to which primary education and secondary education are to be provided in any composite school established under subsection (2) shall be determined by the Minister.

(4) Every composite school established under this section shall be known by such designation as the Minister may approve as appropriate having regard to the range of instruction provided for in the particular school.

Conscience Clause
29. (1) No child shall be required as a condition of admission into, or of continuing in, a public school—

(a) to attend or to abstain from attending any Sunday School or any place of religious worship;

(b) to attend any religious observance or any instruction in religious subjects in the school or elsewhere from which observance or instruction he may be withdrawn by his parent; or

(c) to attend the school on any day specially set apart for religious observance by the religious body to which the parent belongs.

(2) Religious instruction shall form part of the curriculum of every public school, and the facilities for religious observance in the school shall be provided in such manner as is prescribed, save, however, that any pupil may be withdrawn by his parent from the instruction or observance without forfeiting any of the other benefits of the school.

(3) The time during which religious instruction may be given or during which any religious observance may be practised shall be inserted in a time-table to be' approved by the Minister and the time-table shall be kept permanently and conspicuously affixed in every schoolroom.

PRIVATE SCHOOLS

Private Schools to be Registered
30. Subject to this Act, no person shall keep or continue to keep a private school unless the school and the proprietor are registered in the Register of Schools required to be kept under this Act.

Private Schools Register
31. (1) The Minister shall cause to be kept in such manner as may be prescribed, a Register of Private Schools, to be known as the Private Schools Register in this Part referred to as "the Register".

(2) There shall be entered on the Register every private school established before or after the commencement of this Act in respect of which an application for the purpose is made in the prescribed form and as regards which the Minister is satisfied that the requirements of this Act and the Regulations are satisfied.

Publication of Register
32. (1) A copy of the Register certified correct by the Minister shall be published in the Gazette before the expiration of six months from the commencement of this Act and the Minister shall from time to time as occasion requires certify and publish in the Gazette any additions or amendments thereto.

(2) A copy of the Register or any amendments thereto shall be conclusive proof of the schools that are private schools for the purposes of this Act.

Cancellation of Registration
33. (1) If in the opinion of the Minister a private school which is on the Register has ceased to be conducted in accordance with the requirements of this Act and the Regulations, he may, where no action has been taken to rectify the deficiencies within such time as the Minister may allow, cancel the registration of the school upon giving three months notice thereof to the proprietor.

(2) A proprietor upon receipt of the notice of cancellation of the registration of his school under this section may, at any time before the date on which the cancellation takes effect, appeal in the prescribed manner to a court of summary jurisdiction against cancellation.

(3) On any such appeal the appellant and the Minister, as respondent, may appear personally or may be represented by some other person or by counsel or solicitor.

(4) The court shall hear and determine the appeal and make such order as it thinks just having regard to the merits of the case and the public welfare.

(5) Where an appeal is dismissed, cancellation of the registration of the school shall take effect from the date of the making of the order or upon the expiration of the notice referred to in subsection (1), whichever is the later date.

Returns as to Private Schools
34. (1) Whenever there is any change in the ownership of the school or its location, or any modification in respect of any of the prescribed particulars, the proprietor shall forthwith furnish the Minister with a supplemental return containing the correct particulars.

(2) If a private school remains closed for a longer period than thirty consecutive days (except for regular holidays, not exceeding twelve weeks, in any one year) the proprietor shall furnish the Minister with a supplemental return giving the reasons for the closing of the school and the period the school is likely to remain closed, and if subsequently the proprietor desires to re-open the school, a new return containing the particulars referred to in subsection (1) shall be furnished to the Minister before the school is re-opened. The registration of a private school that remains closed for longer than a period of one year shall be deemed to have been cancelled.

(3) In the month of September in each year every proprietor of a private school shall furnish the Minister with a return in respect of the previous school year containing the following particulars—

(a) the number of meetings during which the school was opened;

(b) the number of pupils on roll at the end of the school year;

(c) the average attendance for the school year;

(d) the percentage of attendance of the total possible attendances for the pupils on roll.

Disqualification as a Teacher
35. No person shall be employed in a private school as a teacher or act as a teacher therein, unless his name is registered on the Teachers' Register.

Offenses in respect of Returns, and Employment of Teachers
36. (1) A proprietor of a private school who—

(a) fails to furnish the returns required by this Act or the Regulations, and in the manner so required;

(b) furnishes a return which he knows or ought reasonably to have known to be false or misleading in a material particular; or

(c) knowingly employs as a teacher any person who is disqualified under section 35 to act as such, or permits such person to act as a teacher,

is liable on summary conviction to a fine of one hundred and fifty dollars and in the case of a second or subsequent offence is liable to a fine of three hundred dollars and for any continuing offence under paragraph (c) to a further fine of thirty dollars for each day on which the offence continues after conviction therefor.

(2) Notwithstanding section 33, where a proprietor is convicted of an offence under subsection (1), the registration of the school is liable to be cancelled from the expiration of the time for appealing against conviction therefor if no appeal against such conviction has been made or as from the dismissal of the appeal, as the case may be.

(3) A person who is disqualified under section 35 and with knowledge of the disqualification acts as a teacher in a private school is liable, on summary conviction, to a fine of one hundred and fifty dollars.

Minister or his representative may visit private schools and make enquiries
37. (1) The Minister, or any public officer deputed by him in writing to act as his representative, may enter any premises wherein a private school is being conducted, at any reasonable time during school hours, for the purpose of making enquiries and discharging such duties as may be imposed on him by this Act or by the Regulations.

(2) A person who—

(a) obstructs or resists the Minister or any such officer in the performance of his duties; or

(b) wilfully makes any false representation to the Minister or any such officer; or

(c) wilfully refuses to furnish the Minister or any such officer with any information which such person may be required to furnish by this Act or the Regulations,

is liable, on summary conviction, to a fine of one hundred and fifty dollars.

SCHOOLS FOR FURTHER EDUCATION

Saving of Technical Institutes already established
38. Every school established as a technical institute or an institute for technical education existing at the commencement of this Act shall be deemed to have been established as a technical institute under this Act.

SPECIAL SCHOOLS

Special Schools and Classes
39. (1) The Minister may —

(a) cause to be established any special school;

(b) cause to be established or authorise the establishment of, any special school, class, clinic or service, either as a separate unit or in connection with any public institution approved for the purpose by him;

(c) make provision for special educational facilities to be provided by instruction by correspondence.

(2) The Minister may after consultation with the controlling authority disestablish any special school, class, clinic or service whether established under subsection (1) or not, if he is dissatisfied with the manner in which the school, class, clinic or service is being conducted, or if he considers that sufficient provision is made by another similarly established special school, class, clinic or service, or by any other school or class in or reasonably near to the same locality; except that in the last mentioned case he shall, if the controlling authority of the school, class, clinic or service so requires, give three months' notice of his intention to disestablish the same.

Other Special Classes or Services providing Special Education
40. In addition to the establishment of special schools, classes, clinics and services as provided for under section 39 the Minister may recognise for purposes of financial assistance such other classes or services providing special education or facilities supplementing special education as may from time to time be prescribed.

TEACHERS' COLLEGES

Establishment of Teachers' Colleges
41. For the purpose of ensuring the better education and train- ing of teachers, the Minister may cause to be established teachers' colleges and classes at such places as he may from time to time determine, and having due regard to the maintenance of the stan- dard of that education and training, after such consultation as he considers desirable and, in the case of an assisted teachers' col- lege, with the Board of Management, may disestablish any such teachers' college or class, or discontinue recognition of any col- lege or class established before the commencement of this Act.

Power to enter into agreements with UWI
42. The Minister may, on behalf of the Government enter into agreements with the University of the West Indies-

(a) for the use of such facilities provided by the University for continuation or extension courses for teachers;

(b) for associating and co-ordinating the facilities and programme of any teachers' college with those of the University;

(c) for establishing standards for certification and recognition of qualifications of teachers;

(d) for the promotion of Community Development, Education, Adult Education and Nursing Education.

GENERAL

Interpretation
43. In this Part, "suspend" means the temporary removal of a interpretation. pupil from a particular school.

Suspension and Expulsion of Pupils
44. (1) The principal of any public school may suspend from attendance any pupil who for gross misconduct may be considered injurious or dangerous to other pupils or whose attendance at school is likely for any serious cause to have detrimental effect upon the other pupils, so, however, that no such suspension shall be for a period exceeding one week.

(2) Where any pupil is suspended from attendance under subsection (1) the principal of the school shall immediately notify the parent of the pupil and the Minister of the suspension and the reasons thereof and the Minister may, after receipt of the notification—

(a) order the extension of the term of suspension in order to enable proper inquiries to be made;

(b) after due investigation, order the reinstatement of the pupil on a date to be fixed by him;

(c) order the removal of the pupil to another school including a special school;

(d) order the expulsion of the pupil.

(3) Any order made by the Minister under subsection (2) shall be final.

Suspension or Expulsion in Private Schools
45. Where a child of compulsory school age is suspended or expelled from a private school, the principal of that school shall immediately notify the Minister.

Suspension on Account of Disease etc.
46. The principal of any public school may suspend from atten- dance any pupil who may be likely to communicate any contagi- ous disease and in every such case the principal shall forthwith report to the parents of the pupil and to the Supervisor of the school the action taken by him and the reasons thereof.

Preliminary

Part II

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