Education Law (2010 Revision) EDUCATION LAW

Education Law (2010 Revision) Supplement No. 8 published with Gazette No. 22 of 25th October, 2010. EDUCATION LAW (2010 Revision) Law 35 of 1983 consolidated with the Education Regulations, 1994, and with Laws 9 of 1995 (part), 20 of 1998 (part) and Law 7 of 2010. Revised under the authority of the Law Revision Law (1999 Revision). Originally enacted- Law 35 of 1983-21st November, 1983 Law 9 of 1995-13th September, 1995 Law 20 of 1998-15th February, 1999 Law 7 of 2010-1st March, 2010. Originally made- Regulations, 1994-15th March, 1994. Consolidated and revised this 12th day of October, 2010. Note (not forming part of the Law): This revision replaces the 1999 Revision which should now be discarded. Education Law (2010 Revision) 2 Education Law (2010 Revision) EDUCATION LAW (2010 Revision) ARRANGEMENT OF SECTIONS PART I-Introductory 1. Short title 2. Definitions PART II-Education Council 3. Establishment of Education Council 4. Powers of Council in respect of public funds, etc. 5. Education Board 6. School system 7. Provision of schools 8. Power to close schools 9. Chief Education Officer responsible for education 10. Chief Education Officer’s duties 11. Use of school buildings and equipment 12. Reports on education to Council 13. Education to be compulsory 14. Duty of parents to cause child to be educated 15. Report of non-attendance 16. Duty of parents to make report respecting child approaching school age 17. Order for attendance at school 18. Fine 19. Recovery of fines and fees 20. Fees to be credited to general revenue PART III-Admission of Pupils 21. School fees 22. Admission regulations 23. Requirement that parent/guardian submit registration documents 24. Transfer of students 25. Pupils suffering from contagious or infectious diseases 26. Closure of school due to spread of disease 3 Education Law (2010 Revision) PART IV-Religious Instruction 27. Religious instruction in government schools PART V-Teachers 28. Certificate to teach required 29. Issue and cancellation of licences PART VI-Corporal Punishment of Pupils 30. Corporal punishment PART VII-Private Schools 31. Establishment of Register 32. Private schools to be registered 33. Standard of education 34. Closure of private schools 35. Return from proprietor of private school to Chief Education Officer 36. Penalties for non-compliance 37. Right of entry to private schools 38. Assistance from principal PART VIII-Reports, Records and Registers 39. Reports from Education Officer 40. Records to be kept PART IX-Scholarships and Grants 41. Scholarships 42. Requirements for scholarships 43. Subject areas of scholarships 44. No change in institution without permission 45. Withdrawal of scholarship 46. Grants to private schools 47. Regulations First Schedule: Constitution of Education Council Second Schedule: Constitution of Education Board Third Schedule: School fees and book rental fees Fourth Schedule: Returns by private schools 4 Education Law (2010 Revision) EDUCATION LAW (2010 Revision) PART I -Introductory 1. This Law may be cited as the Education Law (2010 Revision). Short title 2. In this Law- Definitions “Board” means the Education Board established uncle section 5; “Chief Education Officer” means the person holding that post in the Public Service; “Council” means the Education Council established under section 3; “Department” means the Department of Government responsible for education; “Education Officer” means a person holding such post in the Public Service; “government school” means a school wholly maintained out of public funds and managed by the Department; “Governor” means Governor in Cabinet; “high school” means a government school where instruction is given to pupils who are not less than thirteen years of age; “medical inspection” means the physical examination of children and the consideration of all matters affecting the physical examination, by any person registered under the Health Practice Law (2005 Revision), and includes district 2005 Revision nurse and a school nurse holding such post in the Public Service; “middle school” means a government school wherein instruction is give to pupils who are older than nine years and nine months and under fourteen years of age; “parent” includes a guardian and every person who has the actual custody or actual control of a pupil; “primary school” means a government school where instruction is given to pupils who are above the age of four years and nine months and below the age of ten years and includes a reception class; “principal” means a teacher in charge of any school; “private school” means any school other than a government school; “pupil” means a person receiving or obliged to receive instruction at a school or registered or obliged to be registered with the Department under this Law; 5 Education Law (2010 Revision) “reception class” means a class where instruction is given to children under the age of four years and nine months; “school” means the institutions set forth in section 6(1); “school age” means above the age of four years and nine months and below the age of sixteen years; “school medical officer” means a government medical officer designated as such by the Chief Medical Officer; “school nurse” means a nurse designated as such by the Chief Medical Officer; and “teacher” means a person licensed to teach under section 29 or authorised to teach under section 28. PART II- Education Council Establishment of 3. There is established an Education Council whose constitution is set forth in Education Council the First Schedule and whose duty is to promote education in the Islands and the progressive development of schools in accordance with this Law. Powers of Council in 4. In furtherance of the duties and responsibilities of the Council, it may, from respect of public funds, time to time, from public funds appropriated for the purpose- etc. (a) make provision for the carrying on of public education; (b) provide for the conduct of all examinations held under the supervision or control of the Department and appoint a person to be the local Secretary to the examination boards; (c) provide, in whole or in part, for transporting pupils to and from any government schools; (d) provide for the compulsory medical inspection of pupils at any school and for the exclusion on medical grounds of pupils from any school; (e) provide for reimbursement of the expenses of any body constituted under this Law and regulations made hereunder; (f) provide from public funds for the pursuance of tertiary education having regard for the desirability and relevance of such further study; (g) provide loans or grants or both to private schools; and (h) have, exercise and fulfil such further or other duties and responsibilities and make provision therefor as the Governor may direct or prescribe. Education Board 5. There is established an Education Board whose constitution is set forth in the Second Schedule which is responsible for the implementation in Cayman 6 Education Law (2010 Revision) Brac and Little Cayman of the decisions of the Council and shall have, exercise and fulfil such further or other duties and responsibilities as the Governor may direct or prescribe or which the Council may direct. 6. (1) The school system shall be comprised of such government or private School system schools as may, from time to time, be found necessary by the Council for the efficient carrying out of the responsibilities of the Council and may include.- * (a) infant or nursery schools or departments of schools providing pre- *See Note on page 22 primary education; (b) primary schools; (c) middle schools; (d) secondary schools; (e) high schools; (f) vocational or technical schools, or vocational or technical departments in schools; (g) special schools for the education or training of pupils who are disabled; (h) universities, colleges and institutes of higher education or learning; (i) any other schools or departments of such schools which provide educational facilities; and (j) such further or other schools as the Governor may prescribe. (2) Having due regard to the educational requirements of the pupils residing in any locality and after such consultation as may be considered desirable by it, the Council may designate or re-designate government schools to fulfil the purposes of education deemed most expedient from time to time. 7. The Council shall cause to be provided from funds appropriated by Provision of schools Government for such purpose such number of government schools as are in its opinion necessary to secure a sufficient number of school places for children of school age. 8. The Council shall have power to close government schools. Power to close schools 9. The Chief Education Officer shall, without prejudice to and in addition to Chief Education Officer any duties required by this Law, be administratively responsible to the Council responsible for education for all matters of education in the Islands. 10. (1) Subject to the directions of the Council, it shall be the general duty of Chief Education the Chief Education Officer to carry out and in all respects ensure the efficient Officer’s duties working of this Law. 7 Education Law (2010 Revision) (2) The Chief Education Officer shall, in respect of all government schools- (a) take special care that all sums granted and paid under this Law are properly and usefully applied and expended; (b) receive and consider the reports of Education Officers; (c) whenever deemed expedient, visit and examine any school or schools, draw up reports in reference thereto and submit the same to the Council; (d) supervise, inspect and revise the programme of education and the curriculum; (e) submit reports on matters relating to the discipline of teachers; (f) consider and assess the confidential reports of teachers; and (g) carry out and fulfil other duties and responsibilities required by the Council for the purpose of this Law or regulations made hereunder. Use of school buildings 11. The Chief Education Officer is authorised to make, amend and revoke and equipment regulations governing the use of government school buildings and equipment. Reports on education to 12. Once in every year the Chief Education Officer shall present to the Council Council a report showing the general working during the past year of the education system in operation under this Law. Education to be 13. (1) Subject to section 22(10), education is compulsory for all children of compulsory school age. (2) Every school shall provide at least twenty-two hours of secular instruction each week to each pupil of school age for at least thirty-eight calendar weeks in every school year. Duty of parents to cause 14. (1) Subject to section 22(10), it is the duty of the parent of every child of child to be educated school age to cause such child to attend at a suitable school on every day on which such school is open unless such child is- (a) in the opinion of the Chief Education Officer, receiving efficient instruction suitable to its age in some other way; or (b) prevented from such attendance by ill health or any other cause, whether temporary or permanent, which the Chief Education Officer deems sufficient. (2) It is the duty of the parent of every child above school age who remains registered at the Department to cause such child to attend regularly until such child is either withdrawn or expelled by reasonable notice in writing by either the parent to the school which such child attends or by the principal to the parent. 8 Education Law (2010 Revision) 15. The principal of every school shall report to the Chief Education Officer any Report of non- case of irregular attendance on the part of any child enrolled at such school, and attendance the principal of a school who has been notified that it is proposed to send any child to the school shall report any non-attendance of such child at the school in such manner as may be prescribed. 16. It is the duty of the parent of a child, on or before the child attains school Duty of parents to make age, to register the child at the Department and submit the following particulars a report respecting child approaching school age with such registration- (a) full name and sex; (b) date of birth (to be substantiated by birth certificate or other valid document); (c) the nationality and place of birth of the father and mother; (d) name of the school to which it is proposed to send such child (which normally shall be that which is closest to the place of residence) or, if the parent of such child does not intend to send the child to school, the manner in which he proposes to provide efficient instruction for the child; and (e) such other particulars as may be prescribed. 17. (1) If the Chief Education Officer is of the opinion that any child of school Order for attendance at age is not receiving education, he shall notify the parent in writing that the fine school provided by section 18 shall be imposed unless such child is enrolled in a school or is otherwise excused from attending a school under paragraph (b) of section 14(1). *(2) Before notifying a parent under subsection (1), the Chief Education *See Note on page 22 Officer shall consider whether it would be appropriate, instead of or as well as giving the notice, to apply for an education supervision order under the Children Law 8 of 1995 Law, 1995 with respect to the child. 18. After the last day of every school term a fine not exceeding two hundred Fine and fifty dollars, as the Chief Education Officer may impose, shall be paid by the parent of any child of school age who has failed to attend more than five days of a school term: Provided that such fine shall not be imposed in respect of any child for any school term during which the Chief Education Officer is satisfied that the non- attendance was due to a cause as stated in section 14(1). 19. If any school fee or fine payable under this Law is not paid to the Treasury Recovery of fines and within twenty-one days after demand by the Secretary of the Council or the fees Board, as the case may be, it shall be recovered as a civil debt by the Government. 9 Education Law (2010 Revision) 20. All fees or fines collected under this Law shall be credited to the general Fees to be credited to general revenue revenue. PART III - Admission of Pupils School fees 21. In all government schools- (a) children who possess Caymanian status shall be admitted free of payment of any tuition fees, but shall pay the fees for books and equipment set forth in the Third Schedule; and (b) children who do not possess Caymanian status shall be charged tuition fees in the amounts set forth in the Third Schedule. Admission regulations 22. (1) In relation to government schools no pupil shall be admitted to or retained in- (a) a reception class before he has attained the age of three years and nine months or a primary school before he has attained the age of four years and nine months; (b) a middle school before he has attained the age of nine years and nine months; or (c) a high school before he has attained the age of twelve years and nine months or be retained in such school after the end of the school year in which he has attained the age of nineteen years unless specific approval is given by the Council. (2) Admission shall be within two weeks of the beginning of each school year. Except in special circumstances approved by the Chief Education Officer, no child shall be admitted to any primary school except in the Electoral District as 2009 Revision defined in the Elections Law (2009 Revision) in which the parents or guardians of the child reside. (3) After the age of sixteen years and before the age of nineteen years a student in a government school may be requested by the Chief Education Officer by thirty days notice in writing to withdraw from the school. (4) The Council shall have discretionary powers to vary the age limits relating to a particular child imposed under this Law if the Council is of the opinion that such limit shall disfavour the child. (5) Subject to this Law, no person who is eligible for admission to a government school as a pupil at that school shall be refused admission thereto except on any ground approved by the Council in each particular case. (6) If any pupil in a government school commits any act which is of such a nature that his presence in the school is likely to have a detrimental effect on 10 Education Law (2010 Revision) other pupils of the school or on the school, the principal may suspend the pupil from the school for a period not exceeding seven days and shall make a report immediately to the Chief Education Officer. (7) When a report is made under subsection (6) the Chief Education Officer shall investigate the matter and deal with it as he deems necessary; and he may suspend the pupil for a further thirty days, and shall inform the Council which shall thereupon decide on the matter, and the Council may expel the pupil. (8) If, subject to paragraph (b) of section l4(1), a pupil over the school age is absent from school for a period exceeding thirty consecutive school days, he will be deemed to have withdrawn himself from the school and his name shall be struck off the roll. (9) If a pupil of school age is absent from school for a period exceeding thirty days, the principal shall advise the Chief Education Officer, who may then require the parent or guardian to attend at the Department to explain the continued absence of such pupil. (10) A pupil who has been expelled from a government school shall not be re-admitted to any government school without the approval of the Council. 23. No pupil shall be admitted for the first time to a government school unless - Requirement that parent/guardian submit (a) he is, at the time of such admission, accompanied by a parent or registration documents some responsible person who is able to supply information required for the register of pupils; or (b) a written statement is supplied signed by his parents or guardians containing the information required for the register of pupils. 24. (1) No pupil may transfer or be transferred from any school to a Transfer of students government school without the written approval of the Chief Education Officer, a copy whereof shall be sent to the principal of the school from which the pupil has been transferred. The Chief Education Officer may cause a pupil to be transferred from one government school to another government school when he considers such a transfer to be in the interests of the pupil. (2) A pupil in a government school may transfer to any private school. However, the private school shall notify the Chief Education Officer of such transfer. 25. No pupil of any school shall be permitted to be present in that school during Pupils suffering from any period in which he is known to be suffering from any contagious or contagious or infectious diseases infectious disease. No such pupil shall be re-admitted except upon production of a medical certificate signed by a medical practitioner to the effect that such pupil is 11 Education Law (2010 Revision) free from such disease and is unlikely to be a source of infection to other persons in the school. Closure of school due to 26. The Council may authorise the closure of any school either absolutely or on spread of disease such conditions as it shall consider necessary for a specific period to prevent the spread of disease. PART IV - Religious Instruction Religious instruction in 27. Non-denominational religious worship and instruction shall be given in government schools every government school. PART V - Teachers Certificate to teach 28. No person, unless specially authorised in that behalf by the Chief Education required Officer and ratified by the Council within one month of such authorisation, shall teach in any school unless he holds a certificate from an educational institution approved by the Council. Issue and cancellation of 29. (1) No person may teach in any private school unless he holds a licence to licences teach issued by the Council or is specially authorised under section 28. (2) The Council may issue a licence upon such conditions as it deems fit and may, at any time, suspend or cancel any such licence if it is satisfied that the holder is unsuitable to be a teacher on the grounds that he is incompetent, immoral, has been convicted of an offence which was committed in furtherance of the objects of an unlawful assembly or has imparted to any pupil instruction in activities which are prejudicial to the peace, good order or good government of the Islands. (3) Upon the Council suspending or cancelling a licence under subsection (2) the Secretary of the Council shall notify in writing the person whose licence is suspended or cancelled and such person may appeal against such suspension or cancellation, within thirty days from the service of such notification upon him, to the Governor in Cabinet, whose decision shall be final. PART VI - Corporal Punishment of Pupils Corporal punishment 30. (1) Notwithstanding any other law to the contrary, corporal punishment may be administered to a pupil only where no other punishment is considered suitable or effective by the principal, and only by the principal or any teacher appointed in writing by him for that purpose. 12 Education Law (2010 Revision) (2) Whenever corporal punishment is administered an entry shall be made in a punishment book which will be kept in each school for such purpose with a statement of the nature and extent of the punishment and the reasons for administering it. PART VII - Private Schools 31. The Department shall cause to be kept, in such manner as may be Establishment of prescribed, a Register of private schools. Register 32. (1) Subject to this Law, no person shall keep or continue to keep a private Private schools to be school unless the school and the proprietor are registered in the Register required registered to be kept under section 31. (2) Any person wishing to keep or continue to keep a private school shall apply to the Chief Education Officer in such form as may be prescribed, and upon receipt of such application the Chief Education Officer shall forthwith transmit it to the Council with comments, if any, thereon or with such reports as may have been received after such inspection of the private school by the Chief Education Officer and any other persons authorised by the Chief Education Officer. (3) The Council, on receipt of an application to register a private school, shall thereafter determine whether or not such private school shall be registered and the conditions upon which it shall be registered. 33. (1) Private schools shall achieve and maintain the following minimum Standard of education quality and standards of education and teaching- (a) in schools where the British system of education is sustained, taught or adhered to, the standards which approximate to the standards of learning in similar government schools or in the case of schools of higher education, then the equivalent in similar institutions in England or in such other country as the Council may in writing specify; (b) in schools where the United States of America system of education is sustained, taught or adhered to, the standards shall approximate to that of a similar good school in that country; and (c) in schools where any other system of education is sustained, taught or adhered to, the standards shall approximate to the standards in paragraph (a). (2) The Council may, at any time, cause an inspection of any private school to be carried out and a report made to the Council thereon. 13 Education Law (2010 Revision) 34. (1) If, in the opinion of the Council, a private school which is on the Closure of private schools Register fails to achieve and maintain minimum educational or other standards satisfactory to the Council and notified to the private school, or has ceased to be conducted in accordance with the requirements of this Law or the regulations, the Council may, after it has given notice in writing to the proprietor of the school setting out the matters complained of and where no action has been taken to rectify the deficiencies within such time being not less than three months as the Council may allow, cancel the registration of the school upon giving three months’ notice thereof to the proprietor. (2) A proprietor, upon receipt of the notice of cancellation of the registration of this school under subsection (1), may, at any time before the date on which the cancellation takes effect, appeal in the prescribed manner against cancellation to the Governor. Return from proprietor 35. (1) In the month of July in each year the proprietor of a private school of private school to shall furnish the Chief Education Officer with a return in respect of the previous Chief Education Officer school year containing - (a) the number of days during which the school was opened; (b) the number of pupils on roll, the number of teachers and staff at the end of the school year and the average during the year; (c) the percentage of attendance of the total possible attendances for the pupils on roll; (d) the average grades achieved by each class of the school during or at the end of each school year; and (e) such other particulars as the Department may reasonably require. (2) If a private school remains closed for a longer period than sixty consecutive days (except for regular holidays) the proprietor shall furnish the Department with a supplemental return giving the reasons for the closing of the school and the period the school is likely to remain closed, and if subsequently the proprietor desires to reopen such school a new return shall be furnished to the Department before such a school is reopened. The registration of a private school that remains closed for longer than one year shall be deemed to have been cancelled. (3) Whenever there is any change in the ownership of a private school, its location or any modification in respect of any of the prescribed particulars, the proprietor shall forthwith furnish the Department with a supplemental return containing the correct particulars. (4) Every proprietor of a private school shall, upon the request of the Chief Education Officer, furnish him with a return in writing signed by such 14 Education Law (2010 Revision) proprietor of the particulars as set forth in the Fourth Schedule and such further or other particulars as the Council or the Chief Education Officer may require. 36. A proprietor of a school who- Penalties for non- compliance (a) fails to furnish returns required by this Law or the regulations, and in the manner so required; or (b) furnishes a return which he knows or ought reasonably to have known to be false or misleading, is guilty of an offence and liable on summary conviction to a fine of two hundred and fifty dollars, and in case of a second or subsequent conviction to a fine of five hundred dollars. 37. The Chief Education Officer or any public officer deputed by him in writing Right of entry to private to act as his representative may enter any premises wherein a private school is schools being conducted, at any reasonable time during school hours, for the purpose of making enquiries and discharging such duties as may be imposed on him by this Law or the regulations: Provided however that matters which are normally regarded as confidential by schools shall not be disclosed publicly without the consent of the private school unless the Governor deems such disclosure necessary. 38. (1) The principal of every school shall give such assistance and facility to Assistance from any person visiting a private school under section 37 for the purposes of such principal inspection or examination as he may require. (2) A person who- (a) prevents a person empowered or authorised to carry out any visit or inspection under section 37 from carrying out such visit or inspection; or (b) assaults or obstructs a person empowered or authorised to carry out any visit or inspection under section 37 during the course of such visit or inspection, is guilty of an offence and liable on summary conviction to fine of two hundred and fifty dollars in the case of a first conviction, and in the case of a second or subsequent conviction to a fine of five hundred dollars and to imprisonment for six months. 15 Education Law (2010 Revision) PART VIII - Reports, Records and Registers Reports from Education 39. (1) An Education Officer shall report to the Chief Education Officer on Officer schools as required by the Chief Education Officer. (2) A copy of each such report shall be sent by the Chief Education Officer to the principal concerned. Records to be kept 40. In every school the following registers and records shall be kept up to date and produced for examination by the Chief Education Officer or any public officer duly authorised by him in writing- (a) admission register; (b) class attendance register; (c) log book with such particulars as may be prescribed; (d) teachers attendance book; (e) visitors book; (f) copy of this Law and regulations and, in government schools, the Personnel Regulations, 2006; (g) approved timetable; (h) the punishment book kept under section 30(2); (i) the curriculum summary; (j) in government schools, the administrative handbook; and (k) such other records as reasonably may be required by the Council. PART IX - Scholarships and Grants Scholarships 41. (1) The Council may, from time to time, upon such conditions as it may deem fit, from public funds allocated for the purpose, provide scholarships or loans or both to assist in the education, maintenance and transport of pupils who are undergoing or proceeding to undergo courses of instruction either in the Islands or abroad at any institution approved by the Council and may withdraw such scholarships. (2) The Council shall arrange for the award of scholarships, competitive scholarships and/or loans according to the financial allocations for this purpose made from time to time or from grants or any other source. Scholarships may be awarded fully or in part and upon such conditions as the Council may deem fit. The financial means of the parents or guardians of the candidate shall be taken into account in the award of any scholarship. A bond shall be executed by the parent or guardian of the person awarded a scholarship by the Government and by that person in the form that Government may, from time to time, determine. 16 Education Law (2010 Revision) (3) The Council may make recommendations to the Caribbean Development Bank that funds may be loaned to the student subject to such regulations as may be issued by the Bank from time to time. 42. The general requirements to be satisfied by a candidate for a scholarship Requirements for shall be that he shall have- scholarships (a) passed the qualifying entrance requirements to the institution that he intended entering; (b) been accepted or accepted conditional upon the grant of a scholarship or loan as a student at the institution; (c) been born of parents one of whom has been born in the Islands or shall have Caymanian status; and (d) been domiciled in the Islands during the five years immediately preceding his application. 43. The Council may, from time to time, draw up particular requirements for the Subject areas of award of scholarships and may specify the subject areas for which an award is scholarships offered after considering manpower requirements of these Islands which shall be specified, from time to time, by the Department of Personnel and Management Services. 44. A recipient of a scholarship shall not be permitted to make any change in the No change in institution institution attended or course of study approved without the prior permission of without permission the Council. 45. A scholarship may be withdrawn by the Council at any time in whole or in Withdrawal of part upon giving reasonable notice not exceeding the end of any school term of scholarship the institution for which the scholarship was granted, on any ground which the Council may deem sufficient. 46. The Council may, from time to time, upon such conditions as it may deem Grants to private schools fit, from public funds or public property allocated for the purpose by the Legislative Assembly, make grants or loans or both to assist private schools. 47. The Governor may make regulations generally for the purpose of carrying Regulations this Law into effect and in particular for prescribing anything that is by this Law to be prescribed and may revoke or amend the Schedules. 17 Education Law (2010 Revision) FIRST SCHEDULE Section 3 CONSTITUTION OF THE EDUCATION COUNCIL 1. The Council shall consist of not more than twelve members (of whom seven shall form a quorum), of whom not less than two shall be representatives of private schools and two shall be resident in Cayman Brac or Little Cayman at the time of appointment, as the Governor shall from time to time appoint, who shall hold office for a period of one year and may be re-appointed. 2. The Chairman of the Council shall be the Minister responsible for Education. 3. The Chief Education Officer shall be a member of the Council. 4. The Governor may, at any time, revoke the appointment of any member. 5. The Governor may, at any time, appoint a person to act temporarily in the place of any member in case of the absence or inability to act of such member. 6. Any member who fails to attend three consecutive meetings without due cause submitted to the Secretary in writing shall forfeit his seat on the Council. 7. The Secretary of the Council shall be a public officer appointed by the Governor. 8. The Council shall meet at least once in each quarter and at such other times as the Council may decide. On receipt of a written request signed by three members, the Chairman shall summon a meeting of the Council, to be held within fourteen days of such a request. 9. The Council may, in its discretion, invite any person or persons to attend any meetings of the Council, and such person or those persons may take part in the proceedings of that meeting but shall not be entitled to vote nor to attend subsequent meetings unless at the express invitation of the Council. 10. Every appointment and revocation of an appointment of a member of the Council, shall be gazetted. 11. A meeting of the Council shall be presided over by the Chairman or, in his absence, by such member of the Council as the members present may elect to preside thereat. 18 Education Law (2010 Revision) 12. The decisions of the Council shall be by a majority of votes and in addition to an original vote, the Chairman or other person presiding at a meeting shall have a second or casting vote in any case in which the voting is equal. 13. Minutes in proper form of each meeting of the Council shall be kept by the Secretary, and shall be confirmed as soon as practicable thereafter at a subsequent meeting. SECOND SCHEDULE Section 5 CONSTITUTION OF THE EDUCATION BOARD 1. The Board shall consist of five persons appointed by the Governor of whom three shall form a quorum. The Chairman shall be appointed by the Governor and the Secretary shall be an officer appointed by the Governor. 2. Every member of the Board shall hold office for one year and shall be eligible for re-appointment. 3. The Board shall meet at least once in each quarter. The Chairman of the Board may summon a special meeting whenever he considers such a meeting necessary and shall, on the written request of not less than two members, summon a meeting to he held within fourteen days after such request. 4. The functions of the Board are- (a) the submission to the Council for approval plans for the promotion or development of education in Cayman Brac and Little Cayman; (b) providing the Chief Education Officer, on request, with information as to the management of schools and all matters appertaining thereto; (c) implementation of the decisions of the Council in Cayman Brac and Little Cayman; and (d) sending of one member to any meeting of the Council. 19 Education Law (2010 Revision) THIRD SCHEDULE Section 21 SCHOOL FEES 1. Children who do not possess or who are deemed not to possess Caymanian status shall be charged for each school term the following fees- (a) High School - $400 (b) Middle School - $300 (c) Primary School- $250. 2. A refund of two-thirds of the fees will be payable if the student is withdrawn during the first month of a given term. If the withdrawal date is during the second month of the term a refund of one-third will be made. A withdrawal in the third and fourth months will not merit a refund. 3. A reduction of one-third of the fees will be made for enrolment during the third and fourth months of term. 4. The member of Cabinet charged with responsibility for finance may, where he is satisfied that in the particular circumstances it is just and equitable so to do, abate, either wholly or partially, fees which would be otherwise chargeable in respect of any child or children in accordance with paragraph 1. BOOK RENTAL FEES CAYMAN ISLANDS HIGH SCHOOL Book Rental Third Form - $150 Fourth Form - $150 Fifth Form - $150 Sixth Form - $150 CAYMAN ISLANDS MIDDLE SCHOOL Book Rental First Form - $100 20 Education Law (2010 Revision) Second Form - $100 Third Form - $100 GOVERNMENT PRIMARY SCHOOLS Book Rental Infants 1- $50 Infants 2- $50 Infants 3- $50 Infants 4- $50 Infants 5- $50 FOURTH SCHEDULE Section 35 RETURNS BY PRIVATE SCHOOL Every proprietor of a private school shall, upon the request of the Chief Education Officer, furnish him with the following returns signed by such proprietor and in such form as shall be required by the Chief Education Officer and containing the following particulars- (a) the proprietor’s full name and address; (b) the situation of the school and whether the proprietor is the owner, lessee or tenant of the premises; (c) the number and size of the classrooms; (d) details of the furniture, equipment and appliances used in or available for each classroom; (e) the area, if any, allotted as a playground; (f) the number and type of toilets used in connection with the school; (g) provision for the supply of drinking water; (h) the hours during which the school is open; (i) the full name, address and qualifications of every teacher; (j) the programme of education provided; (k) the financial standing of the school; and (l) such other information as the Chief Education Officer may require for the purpose of making more complete or explicit the foregoing particulars. 21 Education Law (2010 Revision) *Note: (not forming part of the Law) Several provisions of the Law are affected by Schedule 6 to the Children Law, 1995 (9 of 1995) which has not, as of 31st July, 2010 been brought into operation. Once it is in force- 1. Paragraph (a) of section 6(1) is repealed. 2. Section 17(2), which is not yet in force, will come into effect. 3. This Law shall continue to apply, to the exclusion of Part VII of the Children Law, 1995, to any private school which is registered under section 31 as an infant or nursery school or includes a department providing pre-primary education immediately before the commencement of Part VII of the Children Law, 1995. Such application shall cease on the first anniversary of the commencement of the said Part VII or the date on which the Department registers any person under section 59(1)(b) of the Children Law, 1995, with respect to the premises, whichever is the earlier. 4. This Law has been amended by the Children Law, 2003 (part) which is not yet in force. Publication in consolidated and revised form authorised by the Governor in Cabinet this 12th day of October, 2010. Kim Bullings Clerk of Cabinet 22 Education Law (2010 Revision) 23 Education Law (2010 Revision) (Price $ 4.80) 24