The long-awaited final draft of the education bill is now complete declaring as one of its general objectives the establishment of a “varied, adequate and comprehensive education system that is characterised by excellence.”
It makes provision for both public and private schools, and reflects the current decentralised system in which the ten administrative regions have control of the education sector in their regions and hold responsibility for the implementation of the education programme through their education departments. However, at the same time the bill will allow for the establishment of a board of governors in any public secondary school which will be responsible not to the regional education departments but to the Minister of Education. The board will have considerable powers in relation to the administration of such a school.
The bill also provides for the establishment of a National Advisory Committee on Education – whose advice the minister is not bound to accept − and covers the rights and responsibilities of students as well as parents, and the maintenance of discipline in the schools, among other things. The draft bill permits corporal punishment, subject to certain conditions.
Boards of governors
Where boards of governors for secondary schools are concerned, Section 55 of the bill says that the minister by a notice in the Official Gazette may establish a board for a public secondary school in the interest of economy, efficiency and for the participation of the community in the management of education.
The board will comprise the principal and vice-principal, who shall be ex-officio members; a member nominated by the Parent Teacher Association (PTA) or a school committee, a member nominated by the school’s academic staff; not less than seven members nominated by the minister after consultation with the Regional Democratic Council and the Neighbourhood Democratic Council; and one member nominated by the student council or student body of the school.
According to its functions, the board shall be responsible to the minister for the efficient management of the school by the principal; receive, disburse and account for the financial resources of the school; oversee the school’s rebuilding or extension if decided on by the ministry; review or modify if necessary and approve the school’s development plan prepared annually by the principal of the school; implement policies for the administration, management and operation of the school; prepare reports and provide information required by or under this act or the regulations; monitor and evaluate the performance of the students at various grade assessment and examinations and take the necessary measures to achieve improved results; in consultation with the regional education officer, the principal and staff establish a procedure for resolving disputes between the school, parents and teachers; and perform any other function conferred on it by the act, the regulations or the minister in writing.
In addition, it can make recommendations to the minister, and where necessary, appoint committees.
A board of governors could manage more than one public secondary school if the minister is satisfied that this would be in the interest of education in the area. Where one board is appointed for several schools, its functions would be in respect of each school, while the membership may exceed the number prescribed for a board responsible for only one school.
Other responsibilities for the boards include the submission of reports on all aspects of the school, including the performance of teachers.
In addition to the sections dealing with boards of governors, the bill requires a student council to be set up in a public secondary school, to ensure, among other things, “that the school administration looks after the general welfare of all students attending the school.”
Manual, regulations incomplete
Once approved by parliament, the final draft legislation would repeal the current Education Act (No 3 of 1876), and it cites as a main objective ensuring that all citizens regardless of age, race or creed, physical or mental disability or socio-economic status are given the best possible opportunity to achieve their full potential through equal access to quality education.
The complete overhaul of the archaic Education Act was funded by the Inter-American Development Bank (IDB) Basic Education Access and Management Support (BEAMS) programme under its institutional strengthening component.
The Education Act had been amended under the Burnham administration in 1976 to abolish private education and introduce free education from nursery to university level.
The current draft also makes provision for the management of public educational institutions, other types of education, employment of teachers, the curriculum assessment of students, and inspection and review of the education system.
There are three schedules which include the rules for a National Advisory Committee on Education; the procedure or boards of governors, and a manual of guidelines for the maintenance of order and discipline in schools, all of which are revised versions of what exists in the current act.
Member of the task force, Vincent Alexander told Stabroek News that the draft bill was completed but work was still ongoing regarding the regulations and the manual of guidelines. Forms of punishment, including suspension and expulsion as set out in the manual, would be administered as the occasion arises.
Corporal punishment
Subject to the manual, the principal of a school having consulted with the board can make rules governing the dress, conduct and discipline of students. These rules have to be approved by the Chief Education Officer, and circulated to parents, among other things.
Provision has been made for corporal punishment − which was a prominent feature of the debate during the period of consultation – to be retained for the maintenance of order and discipline in schools. Subject to the manual, corporal punishment would be administered “only when no other punishment is considered suitable or effective in the particular case,” and it may only be administered by the principal, deputy principal or a teacher specifically designated by the principal for the purpose. It should be administered only in the principal’s office or other private room in the school in the presence of another teacher, and the instrument used must be one prescribed by the regulations and in conformity with the manual.
The draft says that where corporal punishment is administered an entry shall be made in a punishment book which is to be kept in the school for the purpose of indicating the nature and extent of the punishment and the reason for administering it.
Only a female teacher is authorized to administer corporal punishment to a girl.
Anyone other than the specified officials or a parent who administers corporal punishment to a student on school premises would be liable on summary conviction to a fine of two thousand dollars; similarly in cases of other breaches of this section or where someone other than a female teacher administers corporal punishment to a girl.
Ministry and regions
Under the draft, the Minister of Education, the Permanent Secretary and the Chief Education Officer have responsibility for national education strategic planning, policy formulation and development, resource mobilisation, and providing centralized services such as teacher training and development.
They also would have responsibility for school inspection, curriculum development, text or textbooks’ distribution, school feeding, the administration of examinations and reporting, the setting of academic and non-academic standards; and monitoring and evaluating education delivery throughout the ten administrative regions, including Georgetown.
And Georgetown which falls under Region Four would, as is the case at present, be managed by the Principal Education Officer, Georgetown, and not the Regional Education Officer for Region Four.
The ten Regional Democratic Councils as the overarching authority in the regions exercise control of the education sector, and are responsible for the actual implementation of the education programme through their regional education departments.
Part II of the draft bill also covers the powers and responsibilities of the Minister of Education, and requires the preparation of an annual report to be laid in parliament on the state of education in the country, among other things.
Public school charges
A student at a public school may be charged for books, specialized services and other items as the minister may specify by a notice published in the Official Gazette.
Neither a student nor his or her parents may be charged tuition fees or other costs for attendance at a public school, except a student who is not a citizen of a Caricom member state or of a Commonwealth country, who may be charged tuition fees and other costs as the minister may prescribe by an order published in the Official Gazette.
Students and parents
The parent has the right to choose his or her child’s education in a public or private school.
This includes being informed of the progress, behaviour, and attendance of the child at school; upon reasonable notice to the principal and teacher, to observe the instruction of the child if the visit does not impede the instruction of other children; to challenge any decision taken under the education act that significantly affects the education, health or safety of the child; and being consulted on the development of any special educational programme for the child.
A parent of a student under the age of 18 years may, and at the request of a principal or teacher consult with the teacher, or principal with respect to the student’s educational performance; and if a parent of a child under the age of 18 knows that the child has a particular medical or other condition of which the principal ought to be made aware the parent shall notify the principal in writing, or as soon as the parent becomes aware of the condition. This information shall constitute part of the student’s record.
Student’s records and reports are considered privileged information.
A person disclosing information from a student’s records without the relevant authority commits an offence and is liable on summary conviction to a fine.
In the absence of Parent Teacher Associations schools may establish school committees representative of the academic staff, parents and members of the community.
No person shall be refused admission to an educational institution or school as a student on any discriminatory grounds relating to the student or parent. Discriminatory grounds would include religion, place of origin, political opinion, colour, creed, status, physical disability, and in the case of mixed gender schools, sex.
For admission a child may be admitted at the age of three to a nursery school, five for primary and 11 for secondary. There are exceptions in which the Chief Education Officer may intervene. A student shall not, without the written permission of the Chief Education Officer, remain in a public secondary school after the end of the academic year in which the student attains the age of nineteen years.
Compulsory attendance
With regard to compulsory school attendance it is the duty of parents to ensure attendance. Failure to do so without an excuse as provided for in the bill is liable to summary conviction and a fine of one thousand dollars, or alternatively entering into a bond that the child will attend school. A school welfare officer shall enforce compulsory attendance of children of school age and deliver the student to the school or the parents.
Persons assaulting a school welfare officer and who use abusive or indecent language and refuse to give information or knowingly give false information during the execution of his or her duties, commits an offence and may be convicted and fined or made to serve a period of imprisonment.
In relation to offences in respect of school age, except with the written permission of the principal or under the supervision of a teacher deputed by the principal, a child of compulsory school age shall not be admitted on payment or otherwise to any cinema show, gaming establishment or other similar form of entertainment on any day when attendance is required under the proposed legislation.
In addition anyone who carries on any business in connection with intoxicating liquor shall not permit a child of school age to loiter on the premises nor purchase the liquor. Anyone who contravenes these provisions, in addition to those relating to entertainment mentioned above, would be liable on summary conviction or a fine of three thousand dollars, or to a term of imprisonment for six months, or both.
