Early Childhood Education Act

Section 1. Short title Section This Act may be cited as the Early Childhood Education Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "board of management" means the board of management of an education centre; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to early childhood education; "child" has the meaning assigned to it under the Children Act (Cap. 141); "children with special needs" means a child in need of special needs education; "County Education Board" means the County Education Board established under section 17 of the Basic Education Act (Cap. 211) in each county; "county executive committee member" means the county executive committee member responsible for matters relating to education within each county; "curriculum" means all approved subjects taught or programmes offered in an education centre which are approved by the Kenya Institute of Curriculum Development; "department" means the department of education headed by the county executive committee member responsible for education at the county level of government; "Education Appeals Tribunal" means the Appeals Tribunal established under section 93 of the Basic Education Act (Cap. 211); "education centre" means a public or private...

Section 3. Objects Section provide a framework for the establishment of a comprehensive early childhood development and education system by the county governments;

Section 4. Guiding principles Section the right to free and compulsory basic education enshrined under Article 53 of the Constitution;

Section 5. Right to early childhood education Section 5(1) Every child has the right to free and compulsory early childhood education in a public education centre. Section 5(2) The right to early childhood education shall be enjoyed without discrimination, exclusion or restriction on the basis of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political or other opinion, property, disability or other status. Section 5(3)(a) respect, protect, promote, monitor, supervise and evaluate the right to early childhood education and guarantee mechanisms for its enforcement; Section 5(3)(b) refrain from actions that undermine access to early childhood education; Section 5(3)(c) ensure the availability and accessibility of early childhood education by all children within the county irrespective of their economic, social or religious background by making provision for sufficient access to resources, funding and support and maintaining an enabling environment in which children can attain early childhood education; Section 5(3)(d) provide an opportunity for the public to develop their understanding on the need to support the implementation of early...

Section 6. Obligations of county governments in promoting the right to early childhood education Section provide free and compulsory early childhood education in public education centres within the county;

Section 7. Duty of parents or guardians Section 7(1) Every parent or guardian shall cause to be presented for admission or cause to be admitted his or her child, as the case may be, to an education centre. Section 7(2) A parent or guardian who fails to comply with subsection (1) commits an offence and is liable on conviction, to a fine not exceeding ten thousand shillings. Section 7(3) Where a person convicted of an offence under subsection (2) is unable to pay the fine, that person is liable to imprisonment for a term not exceeding one year or to such penalty including community service as the Court shall consider fit to impose.

Section 8. Duty of head teacher Section 8(1) Where a learner admitted in an education centre fails to attend the education centre, the head teacher shall, in collaboration with the village administrator, cause an investigation of the circumstances of the learner's absence from school. Section 8(2)(a) issue a written notice to the parent of the learner requiring that parent to comply with the provisions of this Act; and Section 8(2)(b) submit a report on the learner to the County Education Board. Section 8(3) A parent who without reasonable cause and after a written notice from the head teacher, fails to comply with a notice under subsection (2) commits an offence and shall be liable, on conviction, to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding one year, or to both.

Section 9. Children with special needs Section 9(1) The county executive committee member shall put in place such infrastructure as may be necessary to ensure that children with special needs have access to, and are provided with early childhood education. Section 9(2)(a) ensure that screening tools for early identification of children with special needs and disabilities are developed and distributed for use; Section 9(2)(b) ensure early identification, assessment and interventions of children with special needs and disabilities; Section 9(2)(c) ensure training of personnel working with children with special needs and disabilities on use of screening tools for early interventions; Section 9(2)(d) facilitate development of programmes for training and professional development for all pre-primary education providers and personnel in special needs education; Section 9(2)(e) ensure that children with special needs and disabilities have equal access to recreational sporting facilities within and outside pre-primary school programmes to nurture talents; Section 9(2)(f) ensure that teachers and other staff in integrated pre-primary schools plan and implement an integrated individualized ed...

Section 10. Establishment of public education centres Section Subject to the Constitution and this Act, the county governments shall establish and maintain such early childhood education centres as they may consider necessary to meet the obligation set out under Article 53 of the Constitution.

Section 11. Register of education centres Section 11(1)(a) all education centres registered to provide early childhood education services within the respective county; Section 11(1)(b) all education centres whose registration has been cancelled; and Section 11(1)(c) such other particulars as the County Education Board may from time to time determine to be necessary. Section 11(2) Any person may inspect the register and obtain a copy of, or an extract of the register from the Registrar.

Section 12. Requirement for registration of education centres Section 12(1) A person shall not offer early childhood education services or establish or maintain an education centre unless that person is registered in accordance with this Act. Section 12(2) A person who fails to comply with subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.

Section 13. Application for registration Section 13(1) A person who intends to offer early childhood education and development services shall submit an application for registration to the County Education Board in the prescribed form. Section 13(2)(a) a certificate of registration or in the case of a company, a copy of the memorandum and articles of association of the company; Section 13(2)(b) duly completed and signed application forms for the management of the education centre in the prescribed form; Section 13(2)(c) duly completed and signed application forms for the head teacher of the education centre in the prescribed form; Section 13(2)(d) an education centre inspection report by the Sub-County Education office; Section 13(2)(e) a public health or sanitary inspection report; Section 13(2)(f) the Title Deed, allotment letter or a valid lease agreement covering a period not less than five years; Section 13(2)(g) certified copies of professional and academic certificates of all teachers and the head teacher; Section 13(2)(h) certified copies of registration certificates issued to the teachers in the education centre by the Teachers Service Commission; Section 13(2)(i) supportin...

Section 14. Registration of existing schools to offer early childhood education Section Where a person who or an entity which is registered to offer basic education under the Basic Education Act (Cap. 211) intends to offer early childhood education, such person or entity shall apply, subject to section 66 , for registration to offer early childhood education in the prescribed manner.

Section 15. Provisional registration Section 15(1) The County Education Board shall, where an applicant under section 13 and section 14 meets the criteria for registration, provisionally register the applicant if it is satisfied that the education centre or proposed education centre meets the criteria for registration as an education centre. Section 15(2) Provisional registration of an education centre or proposed education centre shall be for a period of twelve months, unless earlier revoked or such other period as the County Education Board may specify. Section 15(3) The County Education Board may renew the provisional registration of an education centre only once, for such period as it may specify, if it is satisfied that exceptional circumstances exist in relation to the education centre. Section 15(4) The County Education Board may undertake further investigations of the education centre, in addition to the review required under section 16 , of an education centre that has its provisional registration renewed under subsection (3).

Section 16. Review of registration Section 16(1) As soon as practicable after provisionally registering an education centre under section 15 , the County Education Board shall inform the county executive committee member of the provisional registration. Section 16(2)(a) between six and twelve months after the provisional registration of the education centre or proposed education centre; or Section 16(2)(b) a period earlier than that specified in paragraph (a) if in the opinion of the County Executive Committee member, a shorter time is necessary. Section 16(3) The county executive committee member shall cause a further review of an education centre to be conducted upon the request of the County Education Board. Section 16(4) The county executive committee member shall submit the findings of a review under this section to the County Education Board and to the head teacher of the education centre for implementation. Section 16(5)(a) information on whether the education centre meets the criteria for registration as an education centre; and Section 16(5)(b) information on the areas where improvement is required, if it does not meet the criteria.

Section 17. Criteria for registration as a private education centre Section is situated in a premises that meets the requirements of a suitable premises under section 19 ;

Section 18. Registration Section Where the County Education Board is satisfied that an education centre that is provisionally registered meets the criteria for registration as an education centre, it shall grant full registration to the centre and issue to the centre, a certificate of registration.

Section 19. Suitable premises Section 19(1) In determining whether the premises of an education centre are suitable for the administration of early childhood education, the County Education Board shall take into account the criteria specified under the First Schedule. Section 19(2) Subsection (1) shall apply to all premises used by the education centre for the regular delivery of courses, whether or not the proprietor of the centre owns or leases the premises for the education centre. Section 19(3) The compound in which an education centre is situated shall not be less than one acre in measurement.

Section 20. Change of premises Section 20(1) The board of management shall not change the location of the centre nor acquire additional premises for the purpose of running the education centre unless it has applied to, and obtained the approval of the County Education Board. Section 20(2) In determining whether to grant approval under subsection (1), the County Education Board shall take into account the criteria specified under section 17 . Section 20(3)(a) the acquisition of premises that are in addition to its current premises; or Section 20(3)(b) the relocation of the education centre to a different premise from that currently occupied by the education centre.

Section 21. Mobile schools Section 21(1) A County Government may establish such mobile schools as it considers necessary to facilitate access to early childhood education within the county. Section 21(2) The provisions of this Part shall, subject to subsection (3), apply with necessary modification to the registration of mobile schools. Section 21(3) The Cabinet Secretary may, in consultation with the County Education Board prescribe the requirements for the establishment of a mobile school within the county.

Section 22. Obligations of a private education centre Section establish the structures necessary for the management and administration of education within the centre;

Section 23. Action by the County Education Board where centre fails to comply with Act Section 23(1)(a) it considers that the education centre has not met any or all of the criteria for registration as an education centre; Section 23(1)(b) a review conducted under section 16 indicates that the education centre does not, or is not likely to, meet all or any of the criteria for registration as a private education centre; Section 23(1)(c) the head teacher of the education centre has breached or is breaching his or her statutory duties in relation to the education centre under this Act or any other written law; or Section 23(1)(d) it has reasonable grounds to believe that serious criminal activity has or is occurring in the education centre. Section 23(2)(a) issue the head teacher of the education centre with a notice to comply in the prescribed form; Section 23(2)(b) require the head teacher of the education centre to inform parents of the learners in the centre that the centre is not meeting the criteria for registration as a private education centre; Section 23(2)(c) impose conditions on the continued registration of the education centre; Section 23(2)(d) take any action specified u...

Section 24. Suspension of registration where welfare learners is at risk Section 24(1)(a) that it is unlikely that the risk can be managed by any practicable means other than by suspension of the registration; or Section 24(1)(b) that, although the risk could be managed by means other than by suspension of the registration, the amount of time necessary to do so is likely, in the opinion of the County Education Board, to be excessive. Section 24(2)(a) is satisfied that the head teacher has complied with all requirements imposed by it; or Section 24(2)(b) cancels the registration of the education centre in accordance with section 25 . Section 24(3)(a) is satisfied that the welfare of the learners in the education centre is no longer at risk; or Section 24(3)(b) cancels the registration of the education centre in accordance with section 25 , after issuing the head teacher of the education centre with a notice to comply in accordance with section 23 .

Section 25. Cancellation of registration Section 25(1)(a) does not improve sufficiently to meet the criteria for registration under section 17 ; and Section 25(1)(a)(i) does not improve sufficiently to meet the criteria for registration under section 17 ; and Section 25(1)(a)(ii) is not, in the opinion of the County Education Board, likely to meet the criteria, within a further reasonable time; Section 25(1)(b) the head teacher of the education centre is continuing in breach of the statutory duties in relation to the centre; or Section 25(1)(c) serious criminal activity has or continues to occur in the education centre. Section 25(2)(a) take reasonable steps to obtain and consider any relevant information, including any report by a review committee appointed by the County Education Board for that purpose; Section 25(2)(b) give written notice to the board of management of the education centre that it is considering cancelling the registration of the education centre, and give reasons; and Section 25(2)(c) give the board of management of the education centre a reasonable opportunity to respond to the notice.

Section 26. Appeal from decision of the County Education Board Section 26(1) A person who is aggrieved by the decision of the County Education Board under this Part may, within thirty days of being notified of the decision, appeal to the Education Appeals Tribunal established under section 93 of the Basic Education Act (Cap. 211). Section 26(2) The Appeal shall be in such form as the Cabinet Secretary may prescribe. Section 26(3) The appeal shall be determined in such manner as the Cabinet Secretary shall, under section 93(3) of the Basic Education Act (Cap. 211) prescribe.

Section 27. Categories of education centres Section 27(1)(a) private education centres established, owned or operated by private persons; and Section 27(1)(b) public education centres established, owned or operated by the county government. Section 27(2) A public education centre shall not be converted to a private education centre or to any other private status without consultation with the County Education Board and approval by the county executive committee member.

Section 28. Sponsors Section 28(1) A public education centre may be sponsored by a private person including a religious institution. Section 28(2) A sponsorship entered into under subsection (1) shall be used to enhance the educational programmes in an education centre and contribute directly or indirectly to the quality of education administered in an education centre under this Act. Section 28(3) A sponsor shall not influence the curriculum administered in an education centre, compromise the implementation of any written law applicable to the education centre or compromise the professional standards and ethics of teachers in the early education centre. Section 28(4)(a) participate and make recommendations of review of syllabus, curriculum, books and other teaching aids; and Section 28(4)(b) offer financial, infrastructural and spiritual support to the education centre. Section 28(5) Despite the fact that the sponsor of an education centre is a faith-based institution, the curriculum in the education centre shall be as set and approved by the Kenya Institute of Curriculum Development.

Section 29. Management board of an early childhood education centre Section 29(1) There is established in every public education centre, a board of management. Section 29(2)(a) suing and being sued; Section 29(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 29(2)(c) borrowing money; Section 29(2)(d) entering into contracts; and Section 29(2)(e) doing or performing all other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate. Section 29(3) In the performance of its functions under paragraphs (b) and (c) of subsection (2), the board of management shall first seek the approval of the County Education Board.

Section 30. Composition of board of management Section 30(1)(a) one person elected by the parents from each level within the education centre to represent parents of learners in the education centre; Section 30(1)(b) one representative of the teaching staff in the education centre nominated by the teachers; Section 30(1)(c) two persons with experience in matters of nutrition and social work relating to early childhood development and education nominated by the County Governor on the recommendation of the County Education Board; Section 30(1)(d) one public officer nominated by the county executive committee member within the county; Section 30(1)(e) one person living with disability to represent children with disabilities; Section 30(1)(f) the head teacher of the education centre, who shall be an ex officio member; and Section 30(1)(g) in the case of a sponsored education centre, one person nominated by the sponsor. Section 30(2) A person is qualified for nomination to the board of management if the person holds at least a Kenya Certificate of Secondary Education. Section 30(3) The head teacher to the education centre shall be the secretary to the board of management. Section 30(4)...

Section 31. Functions of the board of management Section identify the needs of early childhood education and development services within their local communities and develop viable strategies for meeting these needs;

Section 32. Committees of the board of management Section The board of management of an early childhood education centre may establish such committees as the board of management may consider appropriate to perform the functions and discharge the responsibilities as the board of management may deem necessary.

Section 33. Parents Teachers Association Section 33(1)(a) every parent with a learner in the education centre; and Section 33(1)(b) a representative of the teachers in the education centre. Section 33(2) There shall be an Executive Committee of the Parents Teachers Association consisting of representatives of parents with learners in each level within the education centre and a teacher. Section 33(3) The members of the Executive Committee of Parents Teachers Association shall be elected during an annual general meeting of parents and teachers. Section 33(4) The Parents Teachers Association shall, at its first meeting, elect a Chairperson from amongst the persons elected under subsection (3). Section 33(5) The Chairperson of the Parents Teachers Association shall be co-opted to the board of management. Section 33(6) The head teacher shall be the Secretary to the Parents Teachers Association. Section 33(7)(a) promote quality care, nutritional and health status of the learners; Section 33(7)(b) maintain good working relationship between teachers and parents; Section 33(7)(c) discuss, explore and advise the parents on ways to raise funds for the physical development and maintenance; Se...

Section 34. Annual report on governance Section Every public education centre shall submit an annual report to the County Education Board.

Section 35. Record keeping requirements Section a register of the learners who attend or have attended the early childhood education centre, specifying the date of birth of each learner;

Section 36. Teaching staff Section 36(1) A person is qualified for employment as an early childhood education teacher if the person is registered as a teacher by the Teachers Service Commission. Section 36(2)(a) meets the requirements of subsection (1); and Section 36(2)(b) has at least two years' experience in matters of early childhood education.

Section 66. Existing education centres Section 66(1) Subject to subsections (2), (3) and (6), every education centre that, immediately before the commencement of this Act, was registered as an education centre shall be deemed to be registered as an education centre under this Act, and continues to be so licensed for a period of one year after the commencement of this Act subject to such conditions of registration as may be imposed under this Act. Section 66(2)(a) if that service provider fails to apply for registration within the specified period, the centre ceases to be registered under subsection (1) at the end of that period; or Section 66(2)(b) if the service provider makes an application within the required period, the centre continues to be registered under subsection (1) until that application is determined. Section 66(3) Despite subsection (1), if subsection (4) applies, the County Education Board may, by written notice to the service provider who operates an education centre that is deemed to be registered under subsection (1), declare that the centre is no longer registered under subsection (1) and the notice has effect accordingly. Section 66(4)(a) has failed to comply w...

Section 67. Qualified persons Section A person employed as an early childhood teacher at the commencement of this Act and does not possess the minimum requirements as stated under section 36(1) shall continue to qualify for employment as an early childhood teacher if that person obtains the necessary qualifications within four years of the commencement of this Act.

Section 37. Management of early childhood education within a county Section 37(1) Each county government shall be responsible for the overall governance and management of early childhood education centres within the respective county. Section 37(2) The county executive committee member in each County shall, in consultation with the County Education Board, determine the early childhood education resource and infrastructure requirements within the County.

Section 38. Recruitment of early childhood teachers Section 38(1)(a) recruitment and professional development of early childhood education teachers in public education centres within the county; and Section 38(1)(b) maintenance of a register of early childhood education teachers recruited by it under paragraph (a). Section 38(2) The county government shall pay to early childhood education teachers employed in public education centres within the county, such remuneration as it shall, in consultation with the Salaries and Remuneration Commission, determine.

Section 39. Free admission into public education centre Section 39(1) A person shall not charge or collect any fee for the purpose of admitting a child into any public education centre. Section 39(2) Despite subsection (1), admission fees may be payable by persons who are not Kenyan citizens.

Section 40. Period of admission Section 40(1) A child shall be admitted in an education centre at the commencement of the academic year or within such other extended period as may be prescribed by an education centre. Section 40(2) The person responsible for admission of children in an education centre shall not discriminate against any child seeking admission on any ground including ethnicity, gender, religion, race, age, disability, language or culture.

Section 41. Age of admission Section 41(1) A child who has attained the age of four years and who is not more than six years of age is eligible for admission in an education centre. Section 41(2) Despite the provisions of subsection (1), the head teacher of an education centre may, where the head teacher considers it appropriate, admit a child who is more than six years of age. Section 41(3) For purposes of subsection (1), the head teacher of an education centre may, in determining the age of a child, use the immunization card or birth certificate, passport or any other recognized identification document of the child. Section 41(4) A child shall not be denied admission in an early childhood education centre for lack of proof of age.

Section 42. Prohibition of administration of exams for purposes of admission Section An education centre under this Act shall not administer examinations for the purpose of determining admission into the education centre.

Section 43. Prohibition from holding back and expulsion Section A learner admitted in an education centre shall not be held back in any class or expelled from the centre without the approval of the County Education Board.

Section 44. Standards of education in a private education centre Section A private education centre shall comply with and follow the curriculum approved by the Kenya Institute of Curriculum Development.

Section 45. Framework of curriculum Section 45(1) The Kenya Institute of Curriculum Development shall be responsible for the development of the early childhood education curricula to be applied by counties. Section 45(2)(a) within a period of five years after the development of the curriculum under subsection (1); and Section 45(2)(b) subsequently every five years after each review. Section 45(3) The Kenya Institute of Curriculum Development shall, in carrying out the review under subsection (2), take into account the specific or special needs of children within the respective county. Section 45(4) In reviewing the curriculum under subsection (1), the Kenya Institute of Curriculum Development shall ensure that the curriculum adheres to the policy and guidelines on curricula developed by the Cabinet Secretary under the Basic Education Act (Cap. 211). Section 45(5)(a) the curriculum framework that has been prescribed or, as the case may be, reviewed; and Section 45(5)(b) the curriculum framework or the amendment to the curriculum framework in its entirety, or a notice as to the manner in which a copy of the curriculum framework or the amendment to the curriculum framework can be obta...

Section 46. Free tuition Section 46(1) A public childhood education centre shall not charge or cause any parent or guardian to pay tuition fee for or on behalf of any learner in the education centre. Section 46(2) Despite subsection (1), a public education centre may charge tuition fees for the education of children who are not citizens of Kenya. Section 46(3) A head teacher or a member of the board of management of a public education centre who imposes a charge or causes any parent or guardian to pay tuition fees commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months, or to both.

Section 47. Education centre programmes. Section provide appropriate and adequate learning and play materials;

Section 48. Prohibition of holiday tuition Section An education centre shall not undertake early childhood education services nor offer tuition during school holidays, on weekends or on a day declared to be a public holiday under the Constitution or the Public Holidays Act ( Cap. 110 ).