Principal Legislation
Log in

Login to your account

Username *
Password *
Remember Me

 



EDUCATION (PRE-PRIMARY, PRIMARY AND POST-PRIMARY) ACT.

ARRANGEMENT OF SECTIONS

   Section

PART I
PRELIMINARY.

   1.   Objectives of Act.

   2.   Interpretation.

PART II
ROLES AND POWERS OF THE MINISTER.

   3.   Roles and powers of the Minister.

PART III
PROVISION OF EDUCATION AND TRAINING.

   4.   Policy on the provision of education and training.

   5.   Responsibilities of stakeholders in education and training.

   6.   Categories of education institutions.

   7.   Government grant aided education institutions.

   8.   Responsibilities of Government towards grant aided education institutions.

   9.   Prohibition of charging for education in UPE or UPPET.

PART IV
STRUCTURE OF EDUCATION.

   10.   Levels of education.

PART V
REGISTRATION AND LICENSING OF TEACHERS.

   11.   Persons who may teach.

   12.   Registers of teachers.

   13.   Persons entitled to register.

   14.   Refusal to register a person as a teacher.

   15.   Removal of a teacher's name from the register.

   16.   Restoration of a teacher's name to the register.

   17.   Issue of statement of eligibility.

   18.   Refusal to renew a licence.

   19.   Roll of licensed teachers.

   20.   Cancellation of licence.

   21.   Restoration of licence.

   22.   Notice of cancellation to be served on the teacher.

   23.   Offences relating to teaching after cancellation of registration or licence.

PART VI
CONTROL AND MANAGEMENT OF SCHOOLS.

   24.   Appointment of Director of Education, education officers, inspectors and other officers.

   25.   Powers of an inspector of schools.

   26.   District Councils' Standing Committee responsible for education.

   27.   Education development plan.

   28.   Board of Governors and School Management Committees.

   29.   Default by Board of Governors or School Management Committee.

   30.   Establishment of students councils in post-primary institutions.

PART VII
SPECIAL PROVISIONS RELATING TO PRIVATE SCHOOLS.

   31.   Requirements for establishing a private school.

   32.   Permission to operate a new school.

   33.   Classification of private schools.

   34.   Registration of private schools.

   35.   Register of private schools.

   36.   Cancellation of registration.

   37.   Change of ownership of school.

   38.   Extension to an existing school.

   39.   Appeals.

   40.   Offences relating to private schools.

   41.   Reopening of schools closed by the Permanent Secretary, Chief Administrative Officer or Town Clerk.

   42.   Appointment of statutory manager.

   43.   Reopening of school closed by owner.

   44.   Management of private school.

   45.   Notice of unsatisfactory management of school to the school owner.

PART VIII
QUALITY CONTROL OF EDUCATION.

   46.   Establishment of the directorate responsible for standards.

   47.   Appointment and role of the Director of Education Standards.

   48.   Directorate's relationship with local government.

PART IX
MISCELLANEOUS PROVISIONS.

   49.   Non-formal education centres.

   50.   Business not sanctioned by the Board.

   51.   Offence and penalties.

   52.   Delegation of functions.

   53.   Appeals Tribunal.

   54.   Procedure of Appeals Tribunal.

   55.   Notice of Appeal.

   56.   Hearing of appeals.

   57.   Regulations.

   58.   Management Committees and Boards of Governors Regulations.

   59.   Amendment of Schedules.

   60.   Disapplication to universities and other tertiary institutions.

   61.   Exemptions.

   62.   Repeal and revocation.

 

      First Schedule.   Currency point.

      Second Schedule.   Education (Management Committee) Regulations.

      Third Schedule.   Education (Board of Governors) Regulations.

      Fourth Schedule.

      Fifth Schedule.   Registration certificate fees.

      Sixth Schedule.   Existing centres.

 

EDUCATION (PRE-PRIMARY, PRIMARY AND POST-PRIMARY) ACT.

   An Act to amend, consolidate and stream line the existing Iaw relating to the development and regulation of education and training, to repeal the Education Act and to provide for other related matters.

Commencement: 29 August, 2008.

 

PART I
PRELIMINARY.

 

1.   Objectives of Act.

   The objectives of the Act are—

   (a)   to give full effect to education policy of Government and functions and services by Government;

   (b)   to give full effect to the decentralisation of education services;

   (c)   to give full effect to the Universal Primary Education Policy of Government;

   (d)   to give full effect to the Universal Post-Primary Education and Training Policy of Government;

   (e)   to promote partnership with the various stakeholders in providing education services;

   (f)   to promote quality control of education and training;

   (g)   to promote physical education and sports in schools.

 

2.   Interpretation.

   (1) In this Act, unless the context otherwise requires—

   "annual general meeting" means an annual general meeting referred to in the Second Schedule to the Act;

   "authority" means a district council, city council, city division, council, municipal council, division council, town council, municipal division council or sub-county council;

   "basic education" means the minimum education package of learning made available to each individual or citizen through phases of formal primary education and non-formal education system to enable him or her be a good and useful person in society;

   "board" means a board of governors of a school;

   "chairperson" means a Chairperson of the Management Committee or Board of Governors;

   "Chief Administrative Officer or Town Clerk" means a person appointed by the Public Service Commission to be the executive head of the district or municipal council;

   "currency point" has a value assigned to it in the First Schedule to this Act;

   "DES" acronym for Directorate of Education Standards;

   "Director of Education" means the head of the Directorate of Education in the Ministry responsible for education, whose role is to guide, direct, co-ordinate and ensure the performance of education in the whole of Uganda;

   "District Education Officer" means an officer appointed either by Government or a local government to assist in the administration of education services;

   "Education Officer" includes an officer appointed by either the Education Service Commission or by the district service commission to assist in the administration of education services;

   "financial year" means the financial year of the Government;

   "formal education" means a package of learning made available by recognised schools and institutions following approved curriculum standards and guidelines;

   "formal training" means instructions given in schools, training institutions or specifically designed training areas, usually conducted within a structured program with precise training objectives;

   "foundation body" means an individual or group or organisation which founds and manages an education institution;

   "functions" includes powers and duties;

   "Government" means the Government of Uganda;

   "Government founded school or institution" means a school or institution founded by government;

   "Government grant aided school" means a school not founded by the Government but which receives statutory grants in the form of aid from Government and is jointly managed by the foundation body and Government;

   "Grants" includes annual recurrent and capital grants from Government, salaries and wages capitation and instructional materials;

   "Head teacher" includes a headmistress, headmaster, principal or director of a school;

   "International institution" means a private educational institution offering foreign curricula and examinations and certification;

   "Inspector of schools" means a person appointed for the purposes of quality control by the Education Service Commission or district service commission;

   "local government" means a local council established under subsection (2) to (5) of section 3 of the Local Government Act;

   "Management committee" means a legal body established to manage a primary school;

   "Minister" means the Minister responsible for education;

   "a non-formal education" means a complementary flexible package of learning designed in consultation with the indigenous community to suit the demands and lifestyles of the community and to enrich the indigenous knowledge, values and skills with particular emphasis to literacy, numeracy and writing skills;

   "Permanent Secretary" means the Permanent Secretary of the ministry responsible for education;

   "private school" means a school not founded by government and which does not receive statutory grants from Government;

   "public service" has the same meaning as in the Constitution;

   "pupil" means a person receiving instruction in any subject at a primary school and enrolled as a pupil on a register in that school;

   "school" means an institution in which not less than 80 or in special circumstances, not less than 10 persons receive regular instruction or an institution which provides instruction by correspondence, but does not include—

   (a)   any institution in which persons meet solely for the purpose of receiving religious instruction;

   (b)   any institution for the purpose of giving adult instruction; or

   (c)   any institution in which persons meet solely for the purpose of receiving instruction in any subject which the Minister has declared by regulations to be outside this Act.

   "standing committee of education" includes a sub-committee of a subcounty, municipality, municipal division or parish council to which functions have been delegated by the district council's standing committee responsible for education;

   "school owner" includes the foundation body or person which or who is wholly or partially responsible for the ongoing activities of the school;

   "statutory grants" means salary, capital development grants, capitation grants and instructional material grants given to the Government aided schools at a rate determined by Government from time to time;

   "student" means a person studying in a post-primary institution;

   "teacher" means a person who has successfully completed a course of training approved by the Ministry responsible for education and has been entered in the Register of Teachers or a person licensed by the Ministry responsible for education to teach and has been entered on the roll of teachers;

   "tertiary education" means post-secondary institutions other than universities which confer certificates, diplomas or degrees;

   "trade" means a skilled occupation;

   "training" means a process of preparing or being prepared for a job that is bringing a person to a desired standard or efficiency by instruction and practice;

   "trainee" means a person undergoing instruction to acquire competence for a job;

   "UPE" means the State funded universal primary education programme where tuition fees are paid by Government where the principle of equitable access to conducive, quality, relevant and affordable education is emphasised for all children of all sexes, categories and in special circumstances;

   "UPPET" means universal post-primary education and training;

   "USE" means the state funded universal secondary education programme providing obstacle free post-primary education.

 

PART II
ROLES AND POWERS OF THE MINISTER.

 

3.   Roles and powers of the Minister.

   (1) The Minister responsible for Education and Sports, shall ensure that national policies and objectives as enshrined in the Constitution are implemented and observed at all levels of Education.

   (2) Without prejudice to the general duties of the Minister under subsection (1)—

   (a)   the Minister shall, from time to time, initiate policies and reforms of education as the need arises; and

   (b)   the Minister shall, from time to time, issue statutory instruments regarding Universal Primary Education, Universal Post-Primary Education and Training, school meals, school charges, school uniforms, management and governance of education institutions in accordance with this Act.

   (3) Subject to the provisions of this Act, the Minister shall appoint relevant implementing agencies for effective implementation of the Act.

   (4) For the avoidance of doubt, it shall be the responsibility of the Minister to ensure that decentralised education services are in harmony with or conform to the national policy on education.

 

PART III
PROVISION OF EDUCATION AND TRAINING.

 

4.   Policy on the provision of education and training.

   (1) Provision of education and training to the child shall be a joint responsibility of the State, the parent or guardian and other stakeholders.

   (2) Basic education shall be provided and enjoyed as a right by all persons.

   (3) Financing of education shall be through fees, grants, donations, training levies, education tax, and any other means as deemed appropriate by Government.

   (4) Religious studies shall form part of the curriculum in primary and post primary schools.

 

5.   Responsibilities of stakeholders in education and training.

   (1) Government through its relevant agencies shall be responsible for—

   (a)   the provision of learning and instructional materials structural development and teachers welfare;

   (b)   setting policy for all matters concerning education and training;

   (c)   setting and maintaining the national goals and broad aims of education;

   (d)   providing and controlling the national curriculum;

   (e)   evaluating academic standards through continuous assessment and national examinations;

   (f)   registering and licensing of teachers;

   (g)   recruiting, deployment and promotion of both teaching and non-teaching staff;

   (h)   determining the language and medium of instruction;

   (i)   encouraging the development for a national language;

   (j)   ensuring equitable distribution of education institutions;

   (k)   regulating, establishing, and registering of Educational institutions;

   (l)   management, monitoring, supervising and disciplining of staff and students;

   (m)   ensuring supervision of performance in both public and schools; and

   (n)   development of management policies for all Government and Government aided schools and private schools.

   (2) The responsibilities of the parents and guardians shall include—

   (a)   registering their children of school going age at school;

   (b)   providing parental guidance and psychosocial welfare to their children;

   (c)   providing food, clothing, shelter, medical care and transport;

   (d)   promoting moral, spiritual and cultural growth of the children;

   (e)   participating in the promotion of discipline of their children;

   (f)   participating in community support to the school; and

   (g)   participating in the development and review of the curriculum.

   (3) The responsibility of the foundation body shall, in accordance with the set policy, include—

   (a)   participating in ensuring proper management of schools of their foundation;

   (b)   ensuring the promotion of religious, cultural and moral values and attitudes in schools of their foundation;

   (c)   participating in policy formulation;

   (d)   participating in education advocacy;

   (e)   mobilisation of resources for education purposes;

   (f)   participating in implementation, monitoring and evaluation of education and services; and

   (g)   participating in the designing, development, and implementation, monitoring and reviewing of the curriculum.

   (4) The responsibility of Government in private education institutions shall be to ensure that private education institutions conform to the rules and regulations governing the provision of education services in Uganda.

   (5) The responsibility of Government in the provision of non-formal education shall be—

   (a)   to identify areas or communities where non-formal education programmes are required;

   (b)   to establish non-formal education centres;

   (c)   to set guidelines and provide materials for non-formal education programmes; and

   (d)   to pay the teachers or instructors in non-formal education programmes.

 

6.   Categories of education institutions.

   Education institutions shall be categorised as—

   (a)   public education institutions or Government founded institutions;

   (b)   Government grant aided education institutions;

   (c)   private institutions which shall include profit and nonprofit making, and international institutions; and

   (d)   non-formal education centers.

 

7.   Government grant aided education institutions.

   (1) An education institution does not qualify for grant aiding unless it has fulfilled the requirements of the regulations for licensing and registration.

   (2) Government may, on application by the foundation body of the school, determine which education institutions shall be or continue to be grant-aided.

 

8.   Responsibilities of Government towards grant aided education institutions.

   Responsibility of Government in a Government and a grant aided education institution includes the following—

   (a)   ensuring that trained teachers are deployed;

   (b)   paying salaries and allowances to teachers;

   (c)   appointing heads for Government and grant-aided education institutions and deploying such heads to institutions in consultation with foundation bodies;

   (d)   paying salaries and wages to all established non-teaching staff;

   (e)   paying statutory grants;

   (f)   providing educational materials and other capital development inputs;

   (g)   providing national selection and admission guidelines for all pupils or students to be enrolled;

   (h)   monitoring behaviour and performance of staff both teaching and non teaching; and

   (i)   ensuring safety and security of children in schools and all education institutions.

 

9.   Prohibition of charging for education in UPE or UPPET.

   (1) No person or agency shall levy or order another person to levy any charge for purposes of education in any primary or post primary institution implementing UPE or UPPET programme.

   (2) The provisions of subsection (1) shall not be construed to deter the management of any school or institution implementing UPE or UPPET programme from collecting or receiving voluntary contributions or payments from parents and well wishers to contain a state of emergency or any urgent matter concerning the school.

   (3) No pupil or student shall be sent away from a school or an institution or denied access to education for failure to pay any contribution referred to under subsection (2).

   (4) A person who contravenes subsections (1), (2) and (3) commits an offence and is liable on conviction to a fine not exceeding 50 currency points or imprisonment not exceeding 12 months or both.

 

PART IV
STRUCTURE OF EDUCATION.

 

10.   Levels of education.

   (1) There shall be four levels of education as follows—

   (a)   pre-primary education;

   (b)   primary education;

   (c)   post-primary education and training; and

   (d)   tertiary and university education.

   (2) The following shall apply to pre-primary education—

   (a)   pre-primary education to be run by private agencies or persons to provide education to children aged from two years to five years and the financing of that type of education shall be a responsibility of the parents or guardians.

   (b)   government shall—

      (i)   provide the curriculum, guidelines on minimum standards for school buildings, equipment and other relevant facilities for pre-primary institutions through its relevant agencies;

      (ii)   provide the curriculum for teachers training for pre-primary teachers and ensure that the teachers who teach in pre-primary institutions have the necessary qualifications; and

      (iii)   cause all pre-primary schools to be licensed, registered and regularly inspected by government education inspectors.

   (c)   pre-primary schools shall be day schools.

   (3) The following shall apply to primary education—

   (a)   primary education shall be universal and compulsory for pupils aged six years and above which shall last seven years;

   (b)   all children of school going age shall enter and complete the primary education cycle of seven years; and

   (c)   Government shall ensure that a child who drops out of school before completing primary education cycle attains basic education through alternative approaches to providing that education.

   (4) Post-primary education and training includes—

   (a)   secondary education; which shall be four years and two years of ordinary secondary and advanced secondary schooling respectively;

   (b)   other education institutions not provided for in paragraph (a); and

   (c)   tertiary education shall include all education institutions providing post-secondary education or technical education and provided for by the Universities and Other Tertiary Institutions Act.

 

PART V
REGISTRATION AND LICENSING OF TEACHERS.

 

11.   Persons who may teach.

   No person shall teach in any public or private school of any description unless he or she is registered as a teacher or licensed to teach under this Act.

 

12.   Register of teachers.

   (1) The Director of Education shall maintain or cause to be maintained, a register of teachers entitled to be registered under section 13(1).

   (2) Every teacher whose name is entered in the register shall pay the registration fee specified in the Fifth Schedule to this Act.

   (3) A registered teacher shall also pay in respect of the issue to him or her of a duplicate certificate the fee specified in Fifth Schedule to this Act.

   (4) The Director of Education may, in appropriate cases, endorse on a certificate of registration issued under this section a condition that the holder of the certificate of registration shall only teach a particular subject or only teach a particular class in a school.

   (5) A certificate of registration under this section shall be in Form A as specified in the Fourth Schedule to this Act.

   (6) The register and all copies and extracts of the register certified under the hand of the Director of Education to be correct shall be received in evidence in all courts.

 

13.   Persons entitled to register.

   (1) A person who completes successfully as a teacher a course of training approved by the Ministry responsible for education shall be entitled, on application made to the Director of Education, to be registered as a teacher.

   (2) An application for registration as a teacher shall be made to the Director of Education in Form B as specified in the Fourth Schedule to this Act.

 

14.   Refusal to register a person as a teacher.

   (1) If the Director of Education refuses an application for registration as a teacher, the Director of Education shall serve a written notice of refusal upon the applicant stating in the notice the reasons why the Director of Education has refused to register the applicant and shall inform him or her of his or her right of appeal to the appeals tribunal provided for by section 53.

   (2) An applicant who is aggrieved by the decision of the Director of Education made under this section may appeal to the Appeals Tribunal within 45 days beginning with the day of the service of the notice upon him or her.

 

15.   Removal of a teacher's name from the register.

   (1) The Director of Education shall, on the advice of the Education Service Commission, or may, on his or her own motion, where the teacher concerned is not employed in the public service, remove from the register of teachers the name of any teacher who—

   (a)   has died;

   (b)   applies for the removal of his or her name from the register;

   (c)   is convicted of a criminal offence involving moral turpitude for which a fine of not less than five currency points or term of imprisonment of not less than three months has been imposed;

   (d)   has been found guilty of misconduct which, in the opinion of the Education Service Commission or the Director of Education, render the teacher an unsuitable person for employment as a teacher;

   (e)   has not been engaged in academic studies relating to teaching or in the administration of education services for a continuous period of five years; or

   (f)   has contravened or failed to comply with any condition of his or her registration.

   (2) For the purposes of subsection (1)(d) of this section, "misconduct" includes professional misconduct, and conduct prejudicial to the physical, mental or moral welfare of any pupil in any school.

   (3) The Education Service Commission shall not recommend the removal of the name of any teacher from the register, nor shall the Director of Education remove the name of any teacher from the register on his or her own motion under subsection (1)(d) or (f) of this section, unless the Education Service Commission or the Director of Education has given to such a teacher an opportunity of answering any charge of misconduct which has been made against him or her.

   (4) When the Director of Education removes the name of any teacher from the register in accordance with the provisions of this section, he or she shall forthwith serve or cause to be served upon such a teacher and upon the board of governors or committee of management of the school in which such teacher is teaching a written notice of such removal.

   (5) As soon as a teacher has been served with the notice referred to in subsection (4), that teacher shall return to the Director of Education his or her certificate of registration.

   (6) Any teacher whose name has been removed from the register who fails to return his or her certificate of registration to the Director of Education within 30 working days from the day of receipt of the notice, commits an offence and is liable on conviction to a fine not exceeding five currency points.

   (7) Every teacher, other than a teacher employed in the public service, whose name is removed from the register under this section, may, if he or she is dissatisfied with the action taken by the Director of Education, appeal within 45 working days beginning with the day on which such decision was communicated to him or her, to the Appeals Tribunal.

 

16.   Restoration of teacher's name to the register.

   (1) Any teacher whose name has been removed from the register may, after two years from the date of the removal of his or her name, apply to the Director of Education, in such manner as may be prescribed, for his or her name to be restored to the register.

   (2) Where an application is made for the restoration of a name to the register, the Director of Education, may—

   (a)   grant the application;

   (b)   grant the application subject to conditions;

   (c)   advise the applicant to apply again on such future date as the Director of Education may specify; or

   (d)   refuse the application.

 

17.   Issue of statement of eligibility.

   (1) The Director of Education may, on payment of such fee as may be prescribed, issue to any person a statement of eligibility in Form C specified in Fourth Schedule to this Act, which shall entitle the holder to have his or her name entered on the roll of licensed teachers and to be issued with a licence to teach notwithstanding that such person has not completed successfully a course of training as a teacher or has not attended such a course.

   (2) The statement of eligibility shall be valid for a period not exceeding two years from the date of issue but may be renewed on payment of such fee as may be prescribed for further periods not exceeding two years at a time and not more than six years in total.

   (3) An application for the issue or renewal of a statement of eligibility under this section shall be made to the Director of Education in such form as the Director of Education may from time to time approve.

   (4) The Director of Education shall enter the name of a person to whom a statement of eligibility is issued on the roll of licensed teachers and shall issue to that person a licence to teach in Form D specified in Fourth Schedule to this Act.

   (5) The Director of Education may, in appropriate cases, endorse on a licence to teach issued under this section, a condition that the teacher only teaches particular subjects or teaches in a particular school.

   (6) A license to teach issued under this section shall authorise the holder to teach in any school as long as the name of the holder of the licence remains on the roll of licensed teachers.

 

18.   Refusal to renew a licence.

   (1) If the Director of Education refuses to renew a statement of eligibility and a licence to teach of any person licensed to teach, he or she shall serve a written notice of the refusal on that person stating in the notice the reasons why he or she has refused to renew the statement of eligibility and a license to teach and shall inform him or her of his or her right of appeal to the appeals tribunal.

   (2) Any applicant who is aggrieved by the decision of the Director of Education made under this section may appeal to the Appeals Tribunal within 45 working days beginning from the day of service of the notice upon him or her.

   (3) The Appeals Tribunal shall deal with the appeal and notify the applicant of its decision within 30 working days from the date on which the appeal was filed with the tribunal.

 

19.   Roll of licensed teachers.

   (1) The Director of Education shall establish or cause to be established and maintained, in such a form as he or she may think suitable, a roll of all persons licensed to teach under this Act.

   (2) The roll and all copies and extracts of the roll certified under the hand of the Director of Education to be correct shall be received in evidence in all courts.

 

20.   C

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.