Education (Pre-Primary, Primary and Post-Primary) Act

The Minister shall ensure that the national policies and objectives enshrined in the Constitution are implemented and observed at all levels of education.

Without prejudice to the general duties of the Minister under subsection (1), the Minister shall-

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

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.

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

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

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

Religious studies shall form part of the curriculum in primary and post-primary schools.

Government through its relevant agencies shall be responsible for-

The responsibilities of parents and guardians shall include-

The responsibility of the foundation body shall, in accordance with the set policy, include-

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

The responsibility of Government in the provision of non-formal education shall be-

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

The Government may, on application by the foundation body of any school, determine which education institution shall be or continue to be grant-aided.

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 the UPE or UPPET programme.

Subsection (1) shall not be construed to deter the management of any school or institution implementing the 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.

A pupil or student shall not 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).

Any person who contravenes subsection (1), (2) or (3) commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both.

There shall be four levels of education as follows-

The following shall apply to pre-primary education-

The following shall apply to primary education-

Post-primary education and training includes-

Tertiary education shall include post-secondary education and technical education provided for under the Universities and Other Tertiary Institutions Act.

The Director of Education shall maintain or cause to be maintained a Register of Teachers entitled to be registered under section 14(1) .

Every teacher whose name is entered in the register shall pay the registration fee specified in Schedule 5 to this Act.

A registered teacher shall also pay in respect of the issue to him or her of a duplicate certificate the fee specified in Schedule 5 to this Act.

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.

A certificate of registration issued under this section shall be in Form A as specified in Schedule 4 to this Act.

The Register of Teachers 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.

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.

An application for registration as a teacher shall be made to the Director of Education in Form B as specified in Schedule 4 to this Act.

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 54 .

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

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-

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

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), unless the Education Service Commission or the Director of Education has given the teacher an opportunity of answering any charge of misconduct which has been made against him or her.

When the Director of Education removes the name of any teacher from the register in accordance with this section, he or she shall immediately serve or cause to be served upon the teacher and upon the Board of Governors or Management Committee of the school in which the teacher is teaching, a written notice of the removal.

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

A 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 thirty 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.

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 forty-five working days beginning with the day on which the decision was communicated to him or her, to the Appeals Tribunal.

A 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 on the register.

Where an application is made for the restoration of a name on the register, the Director of Education may-

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 Schedule 4 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 the person has not completed successfully a course of training as a teacher or has not undertaken a course of training as a teacher.

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.

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 approve.

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 Schedule 4 to this Act.

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.

A licence 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.

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 licence to teach and shall inform that person of his or her right of appeal to the Appeals Tribunal.

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

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

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.

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.

The Director of Education may cancel any licence to teach of any person who-

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

The Director of Education shall not cancel a licence to teach under subsection (1)(d) or (e) unless he or she has given to the teacher an opportunity of answering any charge of misconduct which has been made against the teacher.

Upon the cancellation of a licence to teach, the teacher's name shall be removed from the roll of licensed teachers.

A person whose licence to teach has been cancelled may apply to the Director of Education in such manner as may be prescribed for his or her licence to teach to be restored.

Where an application is made under subsection (1), the Director of Education may-

When the Director of Education cancels a licence to teach of any teacher, he or she shall immediately cause a notice of the cancellation to be served on the teacher and the owner of the school where the teacher is teaching.

As soon as a teacher has been served with the notice referred to in subsection (1), the teacher shall return to the Director of Education his or her licence to teach.

A teacher whose licence to teach has been cancelled, who fails to return the licence to teach to the Director of Education within thirty working days beginning from the day of the receipt of the notice, commits an offence and is liable, on conviction, to a fine not exceeding five currency points.

Any teacher who is aggrieved by the decision of the Director of Education made under this Act cancelling his or her licence to teach, may appeal to the Appeals Tribunal within forty-five days beginning from the day of service of the notice upon him or her.

Subject to the provisions of any written law relating to the appointment of any person to a public office and in the public service, there shall be appointed a Director of Education, education officers, inspectors of schools and other officers as are necessary for the purpose of this Act.

All education officers appointed under this section by the Education Service Commission shall be under the direction of the Director of Education.

A headteacher may be a proprietor or director of a private school if he or she is not its manager.

An inspector of schools may, at any time, with or without notice, enter into any school or any place at which it is reasonably suspected that activities of an education institution are being carried out and-

Every headteacher shall, on being requested by an inspector of schools, place at the disposal of the inspector of schools all records, accounts, notebooks and any other materials belonging to the school, for inspection or audit and the inspector of schools shall acknowledge in writing receipt of those records, accounts, notebooks and any other materials belonging to the school entrusted to him or her by the headteacher for purposes of inspection or audit.

Any person who wilfully obstructs an inspector of schools from lawfully entering or having entered, from making an inspection of a school or its accounts, commits an offence and is liable, on conviction, to a fine not exceeding five currency points.

A district council shall cause an education development plan to be prepared in respect of the educational services to be administered by the local government, which shall cover a period of three years as prescribed by the Local Governments Act, and the plan shall be part of the comprehensive and integrated development plan of the district.

Every district council standing committee responsible for education shall prepare, in consultation with the District Education Officer and the municipal, division, town and subcounty council education officer for which it is established, an education development plan for promoting educational services for which it is responsible.

A development plan to which subsection (2) applies shall be submitted for approval in such a manner and at such times as the district council may direct.

A district council may approve with or without modifications any education plan submitted to it under this section.

Every education development plan prepared under this section and approved by a district council shall constitute the education development plan during such period and in respect of such educational services to which it refers.

There shall be constituted by the Minister or a District Education Officer, by notice in the Gazette, a Board of Governors or a Management Committee for any education institution declared by the Minister or District Education Officer, as the case may be, to be an institution governed by a Board of Governors or a Management Committee and may appoint to it such number of members as provided for by this Act.

The Minister, in consultation with the stakeholders, may by regulations make provision for any Board of Governors or Management Committee established under this section, in respect of all or any of the following matters-

Where in the opinion of the Minister or District Education Officer as the case may be, in consultation with the foundation body of the school concerned, it is established that the Board of Governors or Management Committee has behaved irresponsibly or has failed to exercise properly the functions conferred upon it under this Act or any regulations made under this Act, the Minister or District Education Officer, as the case may be, may in writing-

The Minister or District Education Officer, as the case may be, may provide for the manner in which such person or persons appointed under subsection (1)(a), shall exercise and perform the functions of the Board of Governors or Management Committee suspended by the Minister or the District Education Officer, as the case may be.

A person, community or organisation desirous of establishing a private education institution shall apply to the Permanent Secretary, Chief Administrative Officer or Town Clerk, to be approved as a suitable person, community or organisation to establish a private education institution and the applicant shall be of good repute with the necessary funds to manage the type of institution proposed to be established and shall in that application seek advice and approval of the Ministry responsible for education, district or urban council, as the case may be, in respect of the following matters-

An application for establishing a private school by the prospective school owner shall be supported by at least three persons of high integrity and good standing in the area of the applicant where the education institution is to be established.

Before the application is approved, the prospective school owner shall be required to fulfil the following-

For the purpose of this section, buildings in semi-permanent material shall be acceptable as suitable if they are approved by the appropriate authorities.

The permission to operate a new school shall be given in the first instance, in the form of a licence to operate a provisionally classified school for two school years.

A school shall be licensed and registered under a specific location and name.

Where a school has more than one site under one name, each site shall have at all times a responsible person in charge of it.

After a period of two school years, an application for the classification of the provisionally licensed school shall be made in writing to the Permanent Secretary, Chief Administrative Officer or Town Clerk, and shall contain the following particulars-

The Permanent Secretary, Chief Administrative Officer or Town Clerk shall adopt a system of classification which shall distinguish preprimary and primary schools from other schools and which may further distinguish, with appropriate nomenclatures-

The system of classification and nomenclature under subsection (2) and the classification and nomenclature adopted in respect of any school already registered under section 35 may be amended by the Permanent Secretary, Chief Administrative Officer or Town Clerk, who shall cause such amendment-

The Permanent Secretary, Chief Administrative Officer or Town Clerk may cancel the classification and registration of any private school already registered by him or her and order such school to be closed, if he or she is satisfied that-

Before closing a private education institution under subsection (1), the Permanent Secretary, Chief Administrative Officer or Town Clerk shall make or cause to be made all necessary inquiries and shall give the school owner an opportunity to be heard.

The Permanent Secretary, Chief Administrative Officer or Town Clerk shall notify the school owner in writing of any action taken.

Notwithstanding anything in this section, the Permanent Secretary, Chief Administrative Officer or Town Clerk, as the case may be, may, in the interest of the health or security of the pupils order the immediate closure of any school for a period he or she may deem expedient and the school owner shall immediately comply with the order and shall not re-open the education institution without the express permission in writing from the Permanent Secretary, Chief Administrative Officer or Town Clerk, as the case may be.

No school owner shall change the ownership of the school without the prior approval in writing of the Permanent Secretary, Chief Administrative Officer or Town Clerk.

If the ownership of a school is changed without the prior approval of the Permanent Secretary, Chief Administrative Officer or Town Clerk, he or she may order such school to be closed and shall immediately cancel its registration.

Every school owner who changes the ownership of a school without the prior approval, in writing, of the Permanent Secretary, Chief Administrative Officer or Town Clerk commits an offence and is liable, on conviction, to a fine not exceeding four currency points.

Notwithstanding any other provision of this Act, where the Permanent Secretary, Chief Administrative Officer or Town Clerk orders that a private school be closed, the Minister or District Education Officer may, in national interest, after giving the school owner an opportunity to be heard, direct that the school be re-opened under the management and control of a fit person, in this Act referred to as the "statutory manager."

A statutory manager shall be appointed by the Minister or District Education Officer for a period not exceeding one year and upon such terms and conditions as the Minister thinks fit.

A statutory manager shall, during his or her term of appointment, keep the Permanent Secretary, Chief Administrative Officer or Town Clerk, informed on all matters relating to the school under his or her management and control.

All expenses connected with the appointment or the management of a school by the statutory manager shall be a charge on the revenues of the school to which the statutory manager is appointed.

If any school which has been classified and registered under section 35 as a private school remains closed at the instance of the school owner for a period exceeding thirty working days, other than during normal school holidays, the school owner shall immediately notify the Permanent Secretary, Chief Administrative Officer or Town Clerk in writing-

If the Permanent Secretary, Chief Administrative Officer or Town Clerk is satisfied that the reason given by the school owner and the period during which the school is likely to remain closed are contrary to national interest, he or she may, after giving the school owner an opportunity of being heard, direct that the school be re-opened under the management and control of a statutory manager appointed by the Minister or District Education Officer, and thereupon section 43 shall apply to the school.

Every school owner who fails to furnish the information required under subsection (1) to the Permanent Secretary, Chief Administrative Officer or Town Clerk, commits an offence and is liable, on conviction, to a fine not exceeding ten currency points or to imprisonment for a term not exceeding five months, or both.

Every school owner shall manage the school in such a way that the object of this Act is observed.

The school owner may charge such school dues as the Management Committee or Board of Governors may prescribe.

The Minister or District Education Officer may issue instructions to school owners on aspects of management of schools with a view to safeguarding the interests of the pupils or students and every school owner shall comply with such instructions.

Every school owner shall establish for the school, a Board of Governors or a Management Committee, in accordance with the regulations made under this Act by the Minister.

Every school owner shall prepare annual budget estimates for the school and shall, on request made by an inspector of schools or an officer of the Ministry responsible for education, make the estimates available for inspection.

If, after inspecting a private education institution, an inspector of schools is of the opinion that the school is being conducted or managed in an unsatisfactory manner, he or she may require the school owner to take measures, as may be specified in the notice, to conduct or manage the school in a satisfactory manner.

A notice given under this section may specify the date before which any measures specified in the notice shall be commenced or completed.

There shall be appointed the Director of the Directorate of Education Standards and inspectors of education to give full effect to the operations of the directorate.

The Director shall be responsible-

There shall be non-formal education centres as the Permanent Secretary, Chief Administrative Officer or Town Clerk may identify for purposes of non-formal education.

The centres specified in Schedule 6 to this Act are formally recognised under this Act as non-formal education centres.

No person, organisation or agency shall transact or allow the transaction of any business with or in any school without the prior sanction of the Board.

A person who transacts or allows the transaction of business contrary to subsection (1) shall meet all the expenses and costs of the business transacted.

Any person, organisation or agency who or which refuses to enrol or deters a child from enrolling for UPE in accordance with section 11(3)(a) commits an offence and is liable, on conviction-

Any person or agency who or which levies fees beyond the maximum fees prescribed by the Minister under section 58(g) or who or which wrongfully denies access to education to a pupil or student who is a beneficiary of the UPE or UPPET programme for failure to pay extra charges, commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both.

Subject to subsection (2), the Permanent Secretary, Chief Administrative Officer or Town Clerk may delegate to any public officer any functions conferred or imposed on him or her by this Act, subject to such conditions, exceptions or qualifications as he or she may specify.

The delegation shall be in Form E specified in Schedule 4 to this Act.

The Permanent Secretary, Chief Administrative Officer or Town Clerk shall not delegate any of the following functions-

For the purpose of hearing any appeal arising under this Act, the Minister shall establish an Appeals Tribunal, by statutory instrument, and shall direct what appeals may be entertained by the Appeals Tribunal.

An Appeals Tribunal shall consist of a chairperson and not less than three other members appointed by the Minister or District Education Officer, one of whom shall be a member of a foundation body and two of whom shall be registered teachers with not less than ten years practical teaching experience.

The chairperson of an Appeals Tribunal shall be a chief magistrate or a person who, in the opinion of the Minister or District Education Officer, has had adequate judicial or magisterial experience or has practiced law for a period of not less than five years.

The District Education Officer in consultation with the Chief Administrative Officer may establish and appoint a district tribunal to handle appeals in regard to all education services in the district.

The Minister may in writing delegate to the Permanent Secretary, Chief Administrative Officer or Town Clerk the power to form an Appeals Tribunal under this section.

For the avoidance of doubt, an Appeals Tribunal under this section shall also handle appeals of teachers in private education institutions.

A decision of an Appeals Tribunal shall be a decision of the majority of the members present at the meetings.

The decision of an Appeals Tribunal shall be final.

An Appeals Tribunal shall regulate its own procedure.

A person entitled to appeal to an Appeals Tribunal shall send a notice of his or her appeal in writing to the Permanent Secretary, Chief Administrative Officer or Town Clerk setting out the grounds of the appeal.

On receipt of the notice of appeal, the Permanent Secretary, Chief Administrative Officer or Town Clerk shall inform the Minister or the district secretary for education; and the Permanent Secretary, Chief Administrative Officer or Town Clerk shall forward the notice of the appeal to the Appeals Tribunal within thirty working days.

The appellant and the Permanent Secretary, Chief Administrative Officer or Town Clerk shall be entitled to be heard before an Appeals Tribunal within thirty working days.

An Appeals Tribunal may, in its discretion, hear fresh evidence.

The appellant may appear in person or be represented by an advocate.

The Permanent Secretary, the Chief Administrative Officer or Town Clerk may appear in person or may be represented by an education officer, or in any case where the appellant is represented by an advocate, he or she may also be legally represented.

The regulations set out in Schedule 2 to this Act shall apply to the management of primary schools whether Government or privately owned.

The regulations set out in Schedule 3 to this Act shall apply to the management of all post-primary educational institutions other than universities or other tertiary institutions not provided for in this Act, whether Government or privately owned.

The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

The Minister may, by statutory instrument, on the recommendation of the Director of Education, amend Schedules 2 and 3 to this Act.

There shall be established a Management Committee for each school.

A person shall not hold office as chairperson or vice chairperson or be a member of more than three committees at the same time.

A Management Committee shall, subject to regulation 7, consist of-

The chairperson and members of the Management Committee shall hold office for a period of three years and are eligible for re-appointment.

A member of a Management Committee may, in writing addressed to the District Education Officer, resign his or her office and the resignation shall take effect when the resignation letter is received by the District Education Officer.

The District Education Officer, in consultation with the district council standing committee responsible for education, may at any time, remove a person from the membership of the Management Committee on the following grounds-

Where a vacancy occurs on the Management Committee, a new member shall be appointed to fill the vacancy in the same manner as the member for whose vacancy he or she is filling, was appointed.

A member appointed to fill a vacancy shall hold office for the unexpired term of office of the member in respect of whom the vacancy existed, and shall be eligible for re-appointment.

A chairperson and other members shall serve on the Management Committee as chairperson and members respectively for a period not exceeding three years as specified by the Minister responsible for education but may be eligible for re-appointment.

A Management Committee shall meet at least once a term and in times of an emergency, such as the immediate transfer of a headteacher, disciplinary cases, a storm hitting the school or abrupt closure of the school, the chairperson may convene an emergency Management Committee meeting.

All meetings of the Management Committee as much as practicable shall be held at the school.

The chairperson shall preside at any meeting of the Management Committee and in his or her absence, the vice chairperson presides.

In the absence of both the chairperson and the vice chairperson, the members present shall elect one of their members who shall preside, provided they make a quorum.

A vice chairperson shall be elected by the members of the Management Committee from among the members of the foundation body.

A meeting of the Management Committee may be convened by the chairperson at any time, or at the request in writing of not less than five members addressed to the chairperson giving a notice of seven days.

The headteacher of the school shall attend a meeting of the Management Committee unless specifically excluded from the meeting by the chairperson, where a disciplinary action is likely to be taken against the headteacher; but shall not be entitled to vote on any question for a decision by the Management Committee.

Where the headteacher is excluded from the meeting of the Management Committee, a temporary secretary shall be appointed by the chairperson from the members who shall act only when the headteacher is excluded.

Where the headteacher or any other teacher is excluded from the meeting of the Management Committee, the headteacher or teacher shall be accorded a hearing to give fairness to the outcome of the case.

Other members of the staff of a school may attend a meeting of the Management Committee at the invitation of the chairperson, but shall not be entitled to vote.

An education officer or inspector of schools may attend a meeting of the Management Committee, and where necessary offer technical advice, but shall not be entitled to vote.

Except as otherwise provided in these Regulations, any matter before a Management Committee shall be decided by a simple majority of the members present and voting.

The person presiding at any meeting of a Management Committee shall have a vote, and in the event of equality of votes, may exercise a second or casting vote.

The proceedings of the Management Committee and the primary record of reference for the Management Committee shall be conducted in the local language or a language generally understood in that area.

The secretary shall be required to translate the minutes into English for official reference by officials at subcounty or division, municipality, district and national levels and the minutes kept by the secretary.

Copies of the minutes shall be distributed to-

A Management Committee shall manage the school for which it has been established in accordance with the Act and these Regulations, subject to any directions which may be given under the Act by the Minister on matters of general policy.

The functions of a Management Committee shall, insofar as they relate to the day-to-day administration, proper and efficient conduct of the school, be performed by the headteacher of the school on behalf of the Management Committee.

A member of a Management Committee shall not be subject to any personal liability in respect of any matter or thing done or omitted to be done, or any contract entered into by or on behalf of the Management Committee, insofar as he or she acted or omitted to act in good faith.

There shall be consultation with the foundation body before transfer or posting of a headteacher or a deputy headteacher to a school.

A Management Committee shall have a right to appeal to the district council executive committee against the posting or transfer of a teacher to or from a school within twenty-one days from the day it is notified of the posting or transfer.

Where there is an appeal by the Management Committee under subregulation (5), the teacher affected shall be informed of the reasons giving rise to the appeal to enable him or her to respond as and when necessary.

At the hearing of the appeal referred to in subregulation (6), the teacher affected shall have the right to appear and defend himself or herself at the hearing of the appeal and may be assisted by a representative of his or her choice.

A Management Committee may, after consultation with the education officer in charge of education in the local government and the headteacher, declare vacancies of non-teaching staff for the school to the District Service Commission through the Chief Administrative Officer to recruit the required staff.

A Management Committee shall make such arrangements as it deems necessary to enable the members of staff of the school to submit their views, proposals or representation to the Management Committee.

A Management Committee shall appoint the following subcommittees for the proper carrying out of its functions-

A subcommittee appointed under subregulation (1) shall consist of not more than six members.

A subcommittee shall have such functions as the Management Committee may delegate to it.

A subcommittee shall-

In the absence of the chairperson of the subcommittee at any of its meeting, the members present at the meeting may elect one of their members to preside at that meeting if they make quorum.

The matters before a subcommittee shall be decided by a simple majority of the votes of the members of the subcommittee present and voting and in the case of an equality of votes, the chairperson of the subcommittee or other person presiding shall have a second or casting vote.

The quorum at any meeting of a subcommittee shall be three members including the chairperson or the vice chairperson.

A decision of a subcommittee shall be subject to confirmation by the Management Committee.

Each subcommittee shall ensure that proper minutes are taken and recorded at each of its meetings and a copy of the minutes so recorded shall be forwarded to the Management Committee.

The headteacher shall be personally answerable to the Management Committee for the academic, financial, ethical, moral, social, domestic organisation and conduct of the school.

It shall be the duty of the headteacher to-

The fees payable by the pupils to whom subregulation (2)(b) does not apply shall be prescribed by the Minister under the Act.

Where the school has boarding arrangements, the charges shall be determined by the Management Committee in consultation with the district council and the school shall also operate a day section.

There shall be no fees collection for building classrooms, teachers' houses, latrines or for buying uniforms, text books, or furniture, or for tests or examinations, but a school in the area of jurisdiction of an urban council may levy a charge for administrative and utility expenses not exceeding ten thousand four hundred shillings per school year or as may be prescribed from time to time and subject to these Regulations, any school may levy a charge for midday meals as determined by the Management Committee in consultation with the district council.

The taking of midday meals at school and the payment for such meals shall be voluntary and no pupil who has opted not to pay for or take midday meals at school shall be excluded from school for non-payment for such meals.

Any headteacher or teacher who wilfully or knowingly contravenes this regulation shall be punished and the punishments include suspension, interdiction, dismissal, refund or prosecution in courts of law.

The funds of a Management Committee shall consist of-

A Management Committee shall deposit all its funds on the Management Committee account and shall requisition funds as required for the management of the school.

The funds of a school shall not be misapplied to any purpose.

Subject to the availability of funds, a Management Committee shall meet all recurrent expenses, other than the payment of salaries and allowances to teachers, from the public funds arising out of the conduct and management of the school for which it is responsible.

Funds for capital works at schools shall be arranged by the education committee of the subcounty, town council or division council within the funds made available by the subcounty, town council or division council.

The accounts of a Management Committee shall be audited by the Auditor General under Article 163 of the Constitution or by an auditor appointed by the Auditor General.

The books of accounts of a Management Committee shall be open for inspection by the Chief Administrative Officer or his or her authorised representative.

A Management Committee shall prepare and lodge with the sub county, municipal or division or district executive committee, the officer in charge of education in the local government, the Chief Administrative Officer and the foundation body, annual estimates of income and expenditure.

The estimates shall be in a form approved by the Chief Administrative Officer and shall be subject to the approval of the district council standing committee responsible for education.

Expenditure shall be in accordance with the estimates either as originally approved by the district council standing committee responsible for education, or as varied by re-allocation or supplementary estimates approved by the subcounty, municipal or division council.

Where a vacancy occurs among the members of the board, whether by resignation, death or otherwise, the vacancy shall be filled in the same manner in which the predecessor was elected or appointed, to the vacant office.

A person elected to fill a vacant office shall only hold office for the unexpired term of office of his or her predecessor and shall, at the expiry of the term, be eligible for re-election or re-appointment.

In each year, after the first year, at an annual general meeting of the board, one-third of the members of the board shall retire as follows-

The staff representatives shall retire after every three years; except that they shall be eligible for re- appointment.

The first meeting of a board shall be convened by the headteacher of the school at such a time and place as may be specified by him or her by giving a seven days' notice to each member of the board and not later than thirty days from the date of approval and appointment of the board.

A board shall ordinarily meet at least three times in a year at intervals not exceeding four months.

One of the ordinary meetings of the board in each year shall be designated by the board as its annual general meeting.

A meeting of the board shall be held at such place and time as the chairperson may determine, but at least one meeting of the board in each year shall be held at the premises of the school.

The chairperson may, at any time, convene a special meeting of the board to consider any special subject.

The chairperson shall, if requested in writing signed by not less than half the members of the board, convene a special meeting of the board to consider specific subjects stated in the request and the meeting shall be convened by him or her within fourteen days after the date when he or she receives the request.

Notice of the time, place and the agenda of every meeting of the board shall be served in accordance with regulation 36 and shall-

Subject to these Regulations, a board may regulate its own procedure including the manner in which matters may be determined on behalf of the board.

The chairperson shall preside at all meetings of the board and in his or her absence, the vice chairperson shall preside, and in the absence of both of them, the members present shall elect one of their number to preside at the meeting.

For the purpose of this regulation, at the first meeting of the board, there shall be elected from the nominees of the foundation body a vice chairperson.

Any matter coming before the board at any meeting shall be decided by the votes of the majority of the members present and voting and in the case of an equality of votes, the person presiding shall have a second or casting vote.

The person presiding at any meeting of the board may exclude from any part of the proceedings at that meeting, any member representative if in his or her opinion, the presence of that member is likely to prejudice discussion of any particular matter.

At any meeting of a board-

In this regulation "major issues" means the expulsion or discipline of a student or a member of staff, revision of fees, dues and levies, the closure of the school or any financial matter.

The headteacher of a school which has a board shall be the secretary to the board at any meeting of the board and the deputy headteacher of a school shall act as assistant secretary but neither of them shall be entitled to vote on any matter coming for decision before the board.

The assistant secretary shall be entitled to participate without a right to vote in the deliberations of the finance committee of the board.

The headteacher shall attend all the meetings of the board but may be excluded from any part of the proceedings by the chairperson, where any matter concerning him or her is to be discussed and in the opinion of the board his or her presence may prejudice the discussion.

A member of staff other than the headteacher and the representative of the staff on the board, may, when invited by the chairperson, attend a particular meeting or part of a meeting of the board but shall not vote on any matter discussed at the meeting.

A board shall ensure that minutes of the proceedings of the board at its meetings are recorded and entered in a book kept for that purpose by the secretary.

The minutes of each meeting shall be confirmed at the next meeting and when confirmed, copies of the minutes shall be forwarded by the secretary, within fourteen days after confirmation, to the following-

A board shall appoint the following committees for the proper carrying out of its functions-

The board may appoint any other committee in addition to those mentioned in subregulation (1) which shall consist of not less than four and not more than six members including at least three board members, one staff member and one student.

A committee shall-

In the absence of the chairperson of the committee at any meeting of the committee, the members of the committee may elect one of their number to preside at that meeting.

Matters before a committee shall be decided by a simple majority of votes of the members of the committee present and voting, and in the case of any equality of votes, the chairperson of the committee or other person presiding shall have a second or casting vote.

The quorum at any meeting of a committee shall be three.

A decision of a committee shall be subject to confirmation by the board.

Aboard shall monitor the behaviour and performance of both the teaching and non-teaching staff of the school.

The board shall report and recommend to the Permanent Secretary, Chief Administrative Officer or Town Clerk any matter concerning the staff of the school, including the staff's expression of dissatisfaction with the headteacher or another staff member, which the board considers necessary for disciplinary action.

The board may make such arrangements as it thinks necessary to enable members of staff of the school for which it is responsible to submit their views and put proposals or make representations to the board on any matter.

A board shall apply the funds mentioned in regulation 23 for the conduct and management of the school and shall meet all the expenses of the school for which it is responsible.

The expenditure in any financial year shall be in accordance with the estimates either as originally approved by the Minister or district secretary for education or as varied by re-allocation or supplementary estimates.

The board may, without obtaining the prior approval of the Minister or district secretary for education increase the provision under any item of recurrent expenditure by re-allocation up to a maximum of 10 percent of the original estimate for the item.

Any excess of income over expenditure at the end of any financial year shall be appropriated to a general reserve accumulated account, where it shall remain until the end of the subsequent financial year.

At the end of the subsequent financial year, the amount of the general reserve account less the sum required to make good any excess of expenditure over income in that year may-

The special reserve fund shall be applied to meet any extraordinary claim or demand arising at any time against the school or in payment of the cost of extending or improving any part of the property or equipment of the school or otherwise for the benefit of the school.

Where any expenditure commits the Government to the expenditure of public funds, the prior approval of the Permanent Secretary, Chief Administrative Officer or Town Clerk shall be obtained.

A sum equivalent to the amount set aside in any general reserve fund may be invested in readily realisable assets.

Where Government grants paid to a board are in respect of salaries, those grants shall be paid directly to the beneficiaries; and where this is not possible, the grants shall be paid into a salary grant reserve account.

Where the relevant expenditure is less than the estimate on which the grants were based, only an account equivalent to the actual expenditure shall be treated as income of the school.

At the end of the financial year, an amount equivalent to the expenditure incurred on capital projects and the purchase of equipment shall, on approval by the Ministry responsible for education, the Permanent Secretary, the Chief Administrative Officer or the Town Clerk, be appropriated to accumulated funds.

Where the relevant expenditure is less than the estimate on which the grants were based, unless otherwise provided for in terms on which the grant was made, the excess of the grants actually paid over the sums to which, according to actual expenditure, the board is entitled, shall remain in the reserve account to be offset against subsequent Government grants for those purposes or to be repaid to the Ministry responsible for education.

Aboard shall keep or cause to be kept at the school proper books of accounts with respect to-

The board shall cause to be prepared within three months after the commencement of each financial year, in respect of the preceding financial year-

The accounts of a board shall be audited annually by the Auditor General or an auditor appointed by the Auditor General.

The auditor shall have access to all books of accounts, vouchers and other financial records of the school and may require any explanation, he or she thinks fit, from any person.

The auditor shall, on completion of the audit mentioned in subregulation (1) make and submit to the Permanent Secretary, the Chief Administrative Officer or the Town Clerk a report copied to the board, which shall state whether in his or her opinion-

A person or organisation shall not collect any money or funds or any other form of contribution for any purpose on behalf of a board without the written permission of the board.

All money collected on behalf of the board shall be paid immediately into the account of the board.

All money or funds collected and received by the board on behalf of a school under regulations 23 and 25 shall be paid by the board into the bank account of the board.

Any person who contravenes any provision of this regulation commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points.

A member of a board or of a committee of the board shall not take or hold interest directly or indirectly in any property vested in the board other than as a member.

A person referred to in subregulation (1) who has any pecuniary interest or special interest directly or indirectly in any matter before the board or a committee or in any contract and is present at the meeting of the board or committee at which the matter or contract is the subject of discussion shall disclose the fact and declare his or her interest at that meeting and shall not take part in the discussion or vote on the matter or contract and shall if the chairperson so directs, withdraw from the meeting during the discussion.

A person who contravenes any of the provision of subregulation (1) or (2) shall be liable to be removed from the membership of the board by the Minister or the district secretary for education, or from the membership of the committee by the board.

The board may co-opt any person with special skills or knowledge to assist in the transaction of its business at any of its meetings or at any meeting of its committees.

A person co-opted under subregulation (1) may attend and take part in the proceedings of the meeting to which he or she is co-opted but is not entitled to vote on any matter at the meeting.

The common seal of a board shall be of a design approved by the board.

A specimen of the common seal authenticated by the signature of the chairperson shall be forwarded by the headteacher to the Permanent Secretary, the Chief Administrative Officer or the Town Clerk through the District Education Officer or municipal education officer.

A common seal shall not be altered without the approval of the Permanent Secretary, the Chief Administrative Officer or the Town Clerk.

A common seal shall be kept in the custody of a headteacher and shall not be used or affixed to any document except under a resolution adopted by the board.

The application of the common seal of a board shall be authenticated by the signatures of-

The signatures prescribed by subregulation (1) for authentication of the seal shall be independent of the signing by any other person as a witness.

An instrument which if entered into or executed by a person who is not a body corporate would not be required to be under seal may be entered into or executed without seal on behalf of the board by the headteacher or any other person authorised to do so by resolution of the board.

Any document purporting to be an instrument issued by the board and sealed and authenticated in the manner prescribed by subregulation (2) or otherwise entered into or executed in the manner prescribed by subregulation (3) shall be received in evidence and deemed to be such an instrument without further proof unless the contrary is shown.

An inspector of schools who carries out an inspection of a school shall provide to the headteacher of the school, a copy of the report prepared by him or her on the inspection.

The headteacher of a school shall, as soon as practicable, submit to the chairperson a report received by him or her under subregulation (1) together with the headteacher's comments on the report.

A member of aboard shall be indemnified by the board in respect of any liability incurred by him or her as a result of any act, matter or thing done or contract entered into by or on behalf of the board insofar as he or she acted or omitted to act in good faith in the exercise of his or her duties as a member.

A member of staff of a school acting in good faith on the direction of the board in the execution of his or her duties shall be indemnified by the board in respect of any liability arising out of any act or matter or thing done or omitted to be done in the execution of his or her duties.