The Basic Education Regulations

Section 1. Citation Section These Regulations may be cited as the Basic Education Regulations.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "Board" has the meaning assigned to it under the Act; "class mode" refers to the optimum number of learners in a classroom; "Commission" means the Teachers Service Commission; "Director" means the County Director of Education; "head of institution" means a teacher, head teacher, or principal appointed by the Teachers' Service Commission to head an institution and exercising delegated authority of the Cabinet Secretary, Ministry of Education as the Accounting Officer for the institution; "institution" means an institution of basic education and training; "institution of basic education and training" includes a pre-primary school, primary or a secondary school, an adult education institution and a middle-level college; "KCSE" means the Kenya Certificate of Secondary Education; "middle level college" means an institution offering pre-service and in-service teacher training courses that support basic education; "Ministry" means the Ministry responsible for basic education; "non-teaching staff" means all employees of the Boards of Governors who are not engaged in teaching or research; "zone" m...

Section 3. Registration Section No person, body or organization shall establish or admit learners to a private or public institution without first obtaining written authority from the Cabinet Secretary.

Section 4. Procedure for registration Section All institutions referred to in regulation 3 shall be registered in a manner and form prescribed through guidelines issued by the Cabinet Secretary.

Section 5. Head of Institution Section 5(1) The day to day management of a public institution of basic education and training shall be the responsibility of the head of the institution, who shall be appointed by the Commission. Section 5(2)(a) shall be the accounting officer of the institution, an authority delegated by the Cabinet Secretary; Section 5(2)(b) shall be the team leader for the implementation of the Ministry's policies and programs in the institution; Section 5(2)(c) may initiate policy proposals for consideration by the County Education Board and the Cabinet Secretary. Section 5(3) Where any impropriety is established on the part of a head of an institution, the Cabinet Secretary shall forthwith revoke the designation of such head of institution as the accounting officer and request the Teachers Service Commission for a replacement. Section 5(4) Where the institution referred to paragraph (4) is a private institution, the Cabinet Secretary shall request the proprietor thereof to appoint a replacement. Section 5(5) In paragraphs (3) and (4) above the Teachers Service Commission or the proprietor, as the case may be, shall institute disciplinary action against the conce...

Section 6. Qualifications for members to the Board of Management Section a pre-primary or primary school; and

Section 7. Application for membership Section 7(1) The head of an institution shall, whenever a vacancy occurs in the Board of management of the institution for which he or she is responsible, notify the County Education Board accordingly through the sub-county Education Board office and request for the filling of the vacancy. Section 7(2) Upon receipt of a request under paragraph (1), the County Education Board shall in writing request the nominating entities to forward names of suitably qualified persons to be appointed as members of the Board of Management. Section 7(3)(a) a representative of the County Director of Education who shall be the Chairperson; Section 7(3)(b) the member of County Assembly responsible for the area where the institution is located; Section 7(3)(c) the Member of Parliament for the area in which the institution is located; Section 7(3)(d) the Chief of the area in which the institution is located; Section 7(3)(e) the sponsor, if any, of the institution; Section 7(3)(f) a representative of the Parents Association, of the institution; Section 7(3)(g) a representative of County Education Board, and Section 7(3)(h) the head of institution, who shall be the com...

Section 8. Ad-hoc vetting panel Section 8(1)(a) the persons nominated to the Board of Management of any institution meet the requirements of Article 10 and Chapter Six of the Constitution of Kenya, 2010; and Section 8(1)(b) the composition of the Board Members adheres to the two third gender rule. Section 8(2) A Board of Management appointed under these regulations shall remain in office for a term of three years, which shall be renewable for one further term.

Section 9. Dissolution of the Board of Management Section 9(1)(a) is found guilty of gross misconduct; Section 9(1)(a)(i) is found guilty of gross misconduct; Section 9(1)(a)(ii) is deemed to be incapable of discharging its mandate as provided for in the Act; or Section 9(1)(b) the institution changes its mandate or ceases to operate. Section 9(2) Where a Board of Management is dissolved under paragraph (1), the County Education Board shall appoint an interim committee of five members to assume the responsibility of management of the institution.

Section 10. Board of Management Inaugural meeting Section A newly appointed Board of Management shall hold its inaugural meeting, convened and chaired by the secretary to the County Education Board or his representative within two weeks after appointment.

Section 11. Promotion of co-curricular activities Section 11(1)(a) all students and pupils are accorded the opportunity to participate in activities from the institutional to the national level; Section 11(1)(b) every institution has or can access adequate facilities for co-curricular activities; and Section 11(1)(c) every institution shall put in place measures to promote co-curricular activities and ensure that all learners shall have access to suitable affordable sports kits. Section 11(2) The calendar for all co-curricular activities shall be drawn up by the Cabinet Secretary in consultation with the relevant national and regional bodies and associations and shall be circulated to all institutions three months before the end of each school year.

Section 12. Contribution for activities Section No institution shall cause any parent or guardian to contribute any funds for co-curricular activities without written approval from the Cabinet Secretary on the advice of the respective Country Director of Education, and all payments made hereunder shall be so authorized at all levels.

Section 13. Institutions to facilitate training Section All private institutions of basic education and training shall facilitate the participation of their learners in co-curricular activities at all levels.

Section 14. Insufficient funds for activities Section 14(1) Where funds from the government for a particular co-curricular activity are found to be inadequate the concerned institutions shall in writing notify the County Director of Education of the deficit three months prior to the commencement of the activity. Section 14(2) Upon receipt of the notice, the County Director of Education in liaison with the County Education Board shall consult the Cabinet Secretary on how to meet the deficit.

Section 15. Offence Section Any person, head of institution or any member of the Board of Management who sends away a learner due to non-payment of activity fees by the parent or guardian without written authority from the County Director of Education commits an offence under the Act.

Section 16. Composition of the committee Section the County Director of Education, who shall be the Chairperson;

Section 17. Appointment of non-teaching staff Section Every Board of Management shall, pursuant to section 59 (p) of the Act, recruit, employ, remunerate, promote, demote or terminate the services of any of its employees.

Section 18. Terms and conditions of employment for non-teaching staff Section Persons belonging to a professional cadre and employed by the Board of Management shall be employed on such terms and conditions of conditions of service similar to those recommended for equivalent posts in the Civil Service and as per the applicable scheme of service.

Section 19. Employment of semi-professional by the Board Section The Board of management may appoint suitable semi-professional and subordinate staff, on such terms and conditions as shall be determined by the Board.

Section 20. Board to deal with claims and grievances Section Where a claim or grievance arises from an employee of the Board of management, the Board shall deal with the claim or grievance exhaustively in accordance with the Employment Act (Cap. 226).

Section 21. Dismissal and termination of employment Section 21(1) The Board of Management shall reserve the right to dismiss any of its employees instantly and without notice or pay in lieu of notice for reasons of gross misconduct as provided in the Employment Act (Cap. 226). Section 21(2)(a) dismiss from employment any person employed by the Board; Section 21(2)(b) terminate a contract between the Board of Management and its employees; Section 21(2)(c) request the Cabinet Secretary to terminate the services of a person seconded to the Board of management, Section 21(3) Subject to the provisions of paragraph (1) where a member of non-teaching staff is entrusted as an agent of the Cabinet Secretary to perform certain functions and such officer fails or neglects to perform the duties so assigned and sufficient grounds exist to discipline, terminate or dismiss the officer from the service, the Cabinet Secretary shall direct the cause of action to be taken against that officer and the Cabinet Secretary's decision shall be final.

Section 22. Assessment of learners with special needs Section Whenever it is necessary or appropriate to do so, a learner shall be assessed for placement and continuous support in an institution of basic education and training at the County Education Assessment and Research Centre set up at County level under section 46 of the Act.

Section 23. Qualified personnel to assess Section Assessment under regulation 22 shall be carried out with the consent of the learner's parent or guardian at the Centres referred to in that regulation by qualified personnel, including, but not limited to medical staff, educationists, special needs experts, at the request of such parent or guardian or on the initiative of the institution.

Section 24. Types of institutions Section regular institutions of basic education and training;

Section 25. Facilities to be suitable Section the institution provides reasonable accommodation to all learners;

Section 26. Curriculum Section The Kenya Institute of Curriculum Development shall provide differentiated curricula appropriate for the needs of learners with special needs.

Section 27. Auxiliary services Section All learners with special needs shall be entitled to auxiliary services or assistive devices placed in their respective institutions.

Section 28. Evaluation of learners Section All learners with special needs shall be evaluated and issued with appropriate certificates of achievement in the prescribed course undertaken.

Section 29. Borstal institutions etc. Section Notwithstanding anything under these regulations learners of school going age residing in children's homes, borstal institutions or other corrective facilities shall be provided with basic education and training pursuant to Article 53, 54, 55 and 56 of the Constitution.

Section 30. School rules to be subjected to public participation Section Every institution of basic education shall develop school rules which shall be subjected to public participation and which shall not be inconsistent with the Act, or any other relevant written law.

Section 31. School rules to be approved by the Board of Management Section No institution shall implement the rules referred to in regulation 30 until they have been approved by the Board of Management of the institution.

Section 32. Individual liability for indiscipline Section physical fights;

Section 33. Mass indiscipline Section unlawful demonstration;

Section 34. Notice to close institution in case of impending strike Section 34(1) If the head of the institution notices any of the activities described in regulation 33 among the students, which in his or her opinion may result in the disruption of general activities in the institution, he or she shall close the institution and notify the County Director of Education accordingly within twenty four hours after such closure. Section 34(2) The notice under paragraph (1) shall bear the signature of the head of the institution. Section 34(3) The notice given under paragraph (1) shall only be deemed to be valid if it is signed by the head of the institution.

Section 35. Closure in case of mass indiscipline Section 35(1) In cases of mass indiscipline, the Board of Management of an institution may declare the institution closed and students held back from attending school for a period not exceeding two weeks. Section 35(2) The Board of Management shall submit a report to the County Education Board within two days after the closure of an institution under paragraph (1).

Section 36. Action of the Board on receiving a report Section 36(1)(a) confirm or terminate the closure of the institution; Section 36(1)(b) determine the condition under which all or any of the students are to be re-admitted to the same or any other institution; or Section 36(1)(c) order placement to a correctional facility. Section 36(2) In cases of damage or destruction of property, the management of the institution shall invite a registered loss assessor following the relevant law to determine the value of the loss. Section 36(3) The loss assessed under paragraph (2) shall be borne by the person found to bear the highest responsibility for the mass indiscipline.

Section 37. Register to be kept Section Every institution shall establish and keep a register of indisciplined learners indicating the name, class, category of indiscipline, date and warning or any other corrective measures taken by the institution.

Section 38. Suspension letter Section the acts of indiscipline have persisted in spite of the warnings or corrective measures taken under these regulations; and

Section 39. Procedure for handling disciplinary cases Section 39(1) The particulars of the complaint preferred against the learner shall be read out to the parent or guardian and the learner at the meeting with the Board of Management under regulation 38, and the learner shall be asked to defend himself or herself. Section 39(2) Where the parent or guardian fails to appear, the business of the Board shall be adjourned, and the matter shall be deferred and a new date set and communicated for the parties to appear. Section 39(3) Where the parent or guardian fails to attend on the rescheduled date, the case shall be heard and determined such absence notwithstanding. Section 39(4) In all disciplinary proceedings affecting a learner the attendance of the Sub-county Education Officer shall be mandatory. Section 39(5) The recommendations of the Board of Management shall within two days be communicated to the County Director or Education.

Section 40. Exclusion of learner from the institution in case of indiscipline Section order for conditional or unconditional re-admission of the learner;

Section 41. Appeals to the Tribunal Section Any Person aggrieved by a decision under regulation 40 may appeal to the Education Appeals Tribunal.

Section 42. No withdrawal of learner's candidature Section No school shall withdraw the registration of a learner as a candidate in a national examination as a form of punishment.

Section 43. Transfer of learner Section transfer on request in writing by the parent or guardian;

Section 44. Fees Section No public school or institution shall issue alternative fees structures other than those approved by the Cabinet Secretary.

Section 45. No fees increment without the authority of the Cabinet Secretary Section No person or Board of Management in a public institution of basic education and training shall alter or increase fees without written authority from the Cabinet Secretary.

Section 46. Offence Section The members of the Board of Management of an institution which contravenes regulation 44 or 45 shall jointly and severally be guilty of an offence under the Act.

Section 47. Minimum entry Section 47(1) The minimum age for admission into a primary school shall be six years. Section 47(2) Notwithstanding paragraph (1), no person shall deny any learner of school-going age admission in a primary school for lack of proof of age.

Section 48. Transit of a learner Section entry examination except as provided for in section 34(4) of the Act;

Section 49. Qualification of teachers Section All persons deployed to teach in basic education institutions of learning and training shall be required to have undertaken a training program approved or recognized by the Cabinet Secretary and registered by Teachers Service Commission.

Section 50. Mandatory provision in institutions Section 50(1)(a) a first aid kit for each class and training on the use thereof for the whole school community; Section 50(1)(b) adequate safe and clean water; Section 50(1)(c) adequate, safe, clean and appropriate sanitation facilities which are age and gender appropriate; Section 50(1)(d) disability-friendly facilities and environment; Section 50(1)(e) safe and appropriate playing grounds and equipment; Section 50(1)(f) spacious and conducive learning rooms; and Section 50(1)(g) appropriate furniture and utilities. Section 50(2)(a) a qualified nurse; Section 50(2)(b) a watchman; and Section 50(2)(c) other suitable adult supervision within the boarding facilities.