Education (Pre-Primary, Primary and Post-Primary) Act, 2008 — Esheria

Statute

Education (Pre-Primary, Primary and Post-Primary) Act, 2008

Chapter 247 Country: Uganda As of: 31 December 202331 December 202329 August 2008 Status: In force Sections: 60
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Section 1

Preliminary - Application of Act

Part I: Preliminary

Section Application of Act Section This Act shall not apply to universities and other tertiary institutions. The Minister may, by statutory instrument, with the approval of Cabinet, exempt an education institution from the application of this Act.

Section 2

Preliminary - Object of Act

Part I: Preliminary

Section Object of Act Section The object of the Act is— to give full effect to the education policy of Government and functions and services by Government; to give full effect to the decentralisation of education services; to give full effect to the Universal Primary Education Policy of Government; to give full effect to the Universal Post-Primary Education and Training Policy of Government; to promote partnership with the various stakeholders in providing education services; to promote quality control of education and training ; and to promote physical education and sports in schools.

Section 3

Preliminary - Interpretation

Part I: Preliminary

Section Interpretation Section In this Act, unless the context otherwise requires— “ authority ” means a district council, city council, city division council, municipal council, municipal division council, town council, division council or subcounty council; “ basic education ” means the minimum education package of learning made available to each individual or citizen through phases of formal primary education or through the non-formal education system, to enable him or her be a good and useful person in society; “ board ” means a Board of Governors of a school ; “ Chairperson ” means a Chairperson of the Management Committee or Board of Governors; “ Chief Administrative Officer or Town Clerk ” means a person appointed by the Public Service Commission to be the executive head of a district or municipal council; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ DES ” means the Directorate of Education Standards; “ Director of Education ” means the head of the Directorate of Education in the ministry responsible for education, whose role is to guide, direct, coordinate and ensure the performance of education in Uganda; “ District Education Officer ” means...

Section 4

Roles and powers of Minister - Roles and powers of Minister

Part II: Roles and powers of Minister

Section Roles and powers of Minister Section Without prejudice to the general duties of the Minister under subsection (1) , the Minister shall— The Minister shall ensure that the national policies and objectives enshrined in the Constitution are implemented and observed at all levels of education. initiate policies and reforms of education as the need arises; and issue statutory instruments regarding Universal Primary Education, Universal Post-Primary Education and Training, school meals, school charges, school uniforms, management and governance of education institutions in accordance with this Act. 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.

Section 10

Provision of education and training - Prohibition of charging for education under UPE and UPPET programmes

Part III: Provision of education and training

Section Prohibition of charging for education under UPE and UPPET programmes Section 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.

Section 5

Provision of education and training - Policy on provision of education and training

Part III: Provision of education and training

Section Policy on provision of education and training Section 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.

Section 6

Provision of education and training - Responsibilities of stakeholders in education and training

Part III: Provision of education and training

Section Responsibilities of stakeholders in education and training Section 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 the provision of non-formal education shall be— the provision of learning and instructional materials, structural development and teachers welfare; setting policy for all matters concerning education and training ; setting and maintaining the national goals and broad aims of education; providing and controlling the national curriculum; evaluating academic standards through continuous assessment and national examinations; registering and licensing teachers; recruiting, deployment and promotion of both teaching and non­teaching staff; determining the language and medium of instruction; encouraging the development of a national language; ensuring equitable distribution of education institutions; regulating, establishing, and registering educational institutions; management, monitoring, supervising and disciplining staff and students; ensuring supervision of p...

Section 7

Provision of education and training - Categories of education institutions

Part III: Provision of education and training

Section Categories of education institutions Section Education institutions shall be categorised as— public education institutions or Government founded institutions; Government grant-aided education institutions; private institutions which shall include profit and non-profit making, and international institutions; and non-formal education centres.

Section 8

Provision of education and training - Government grant-aided education institutions

Part III: Provision of education and training

Section Government grant-aided education institutions Section 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.

Section 9

Provision of education and training - Responsibilities of Government towards grant-aided education institutions

Part III: Provision of education and training

Section Responsibilities of Government towards grant-aided education institutions Section The responsibility of Government in a grant-aided education institution includes the following— ensuring that trained teachers are deployed; paying salaries and allowances to teachers; appointing heads for Government grant-aided education institutions and deploying such heads to institutions in consultation with foundation bodies; paying salaries and wages to all established non-teaching staff; paying statutory grants ; providing educational materials and other capital development inputs; providing national selection and admission guidelines for all pupils or students to be enrolled; monitoring the behaviour and performance of staff both teaching and non-teaching; and ensuring the safety and security of children in schools and all education institutions.

Section 11

Structure of education - Levels of education

Part IV: Structure of education

Section Levels of education Section There shall be four levels of education as follows— The following shall apply to pre-primary education— Government shall— The following shall apply to primary education— Post-primary education and training includes— pre-primary education; primary education; post-primary education and training ; and tertiary and university education. pre-primary education institutions are to be run by private agencies or persons and are to provide education to children aged two to five years and the financing of pre-primary education shall be the responsibility of the parents or guardians; provide the curriculum, guidelines on minimum standards for school buildings, equipment and other relevant facilities for pre-primary institutions, through its relevant agencies; provide the curriculum for teachers training for pre-primary teachers and ensure that the teachers who teach in pre­primary institutions have the necessary qualifications; and cause all pre-primary schools to be licensed, registered and regularly inspected by Government education inspectors; pre-primary schools shall be day schools. primary education shall be universal and compulsory for pupils aged six...

Section 50

Miscellaneous - Non-formal education centres

Part IX: Miscellaneous

Section Non-formal education centres Section 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.

Section 51

Miscellaneous - Business not sanctioned by Board of Governors

Part IX: Miscellaneous

Section Business not sanctioned by Board of Governors Section 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.

Section 52

Miscellaneous - Offences and penalties

Part IX: Miscellaneous

Section Offences and penalties Section 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— to a fine not exceeding fifty currency points or a warning, or both, in case of a first offence; to a fine not exceeding fifty currency points or community service for a period not exceeding six months, or both, in case of a second offence; and to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both, for subsequent offences. 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.

Section 53

Miscellaneous - Delegation of functions

Part IX: Miscellaneous

Section Delegation of functions Section The Permanent Secretary , Chief Administrative Officer or Town Clerk shall not delegate any of the following functions — 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. classifying education institutions; closing of education institutions and cancellation of classifications of education institutions; and ordering the closure and removal of an education institution from the register of private education institutions.

Section 54

Miscellaneous - Appeals Tribunal

Part IX: Miscellaneous

Section Appeals Tribunal Section 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 do...

Section 55

Miscellaneous - Procedure of Appeals Tribunal

Part IX: Miscellaneous

Section Procedure of Appeals Tribunal Section 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.

Section 56

Miscellaneous - Notice of appeal

Part IX: Miscellaneous

Section Notice of appeal Section 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.

Section 57

Miscellaneous - Hearing of appeals

Part IX: Miscellaneous

Section Hearing of appeals Section 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.

Section 58

Miscellaneous - Regulations

Part IX: Miscellaneous

Section Regulations Section The Minister may, by statutory instrument, make regulations for all or any of the following matters— prescribing and defining various categories and grading of schools; defining the functions for any class of schools established under the Act; prescribing the conditions governing the award of grants ; providing for the management and control of schools of any description of category including the composition, procedures and functions of Boards of Governors and Management Committees, the establishment of Boards of Governors and Management Committees and appointments to such boards and committees; prescribing courses of instruction and examinations to be taken after such courses; prescribing examinations for teachers and the conditions governing any examination held under the authority of the Permanent Secretary , Chief Administrative Officer or Town Clerk ; regulating the fees payable at any school ; regulating gender aspects and special needs education; and providing for any matter necessary for giving effect to the provisions of this Act.

Section 59

Miscellaneous - Management Committees and Board of Governors regulations

Part IX: Miscellaneous

Section Management Committees and Board of Governors regulations Section 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.

Section 60

Miscellaneous - Power to amend Schedules

Part IX: Miscellaneous

Section Power to amend Schedules Section 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.

Section 12

Registration and licensing of teachers - Persons who may teach

Part V: Registration and licensing of teachers

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

Section 13

Registration and licensing of teachers - Register of teachers

Part V: Registration and licensing of teachers

Section Register of teachers Section 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.

Section 14

Registration and licensing of teachers - Persons entitled to register

Part V: Registration and licensing of teachers

Section Persons entitled to register Section 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.

Section 15

Registration and licensing of teachers - Refusal to register person as teacher

Part V: Registration and licensing of teachers

Section Refusal to register person as teacher Section 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.

Section 16

Registration and licensing of teachers - Removal of name of teacher from register

Part V: Registration and licensing of teachers

Section Removal of name of teacher from register Section 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— has died; applies for the removal of his or her name from the register; is convicted of a criminal offence involving moral turpitude for which a fine of not less than five currency points or imprisonment for a term of not less than three months has been imposed; has been found guilty of misconduct which, in the opinion of the Education Service Commission or the Director of Education , renders the teacher an unsuitable person for employment as a teacher ; has not been engaged in academic studies relating to teaching or in the administration of education services for a continuous period of five years; or has contravened or failed to comply with any condition of his or her registration. 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 Ed...

Section 17

Registration and licensing of teachers - Restoration of name of teacher on register

Part V: Registration and licensing of teachers

Section Restoration of name of teacher on register Section Where an application is made for the restoration of a name on the register, the Director of Education may— 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. grant the application; grant the application subject to conditions; advise the applicant to apply again at a future date as the Director of Education may specify; or refuse to grant the application.

Section 18

Registration and licensing of teachers - Issue of statement of eligibility

Part V: Registration and licensing of teachers

Section Issue of statement of eligibility Section 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 Dir...

Section 19

Registration and licensing of teachers - Refusal to renew licence

Part V: Registration and licensing of teachers

Section Refusal to renew licence Section 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.

Section 20

Registration and licensing of teachers - Roll of licensed teachers

Part V: Registration and licensing of teachers

Section Roll of licensed teachers Section 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.

Section 21

Registration and licensing of teachers - Cancellation of licence

Part V: Registration and licensing of teachers

Section Cancellation of licence Section The Director of Education may cancel any licence to teach of any person who— has died; applies for the cancellation of his or her licence; is convicted of a criminal offence involving moral turpitude for which a fine of not less than five currency points or imprisonment for not less than two and a half months has been imposed; is found guilty of misconduct as in the opinion of the Director of Education renders the teacher an unsuitable person for employment as a teacher ; or has contravened or failed to comply with any condition of his or her licence to teach. 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.

Section 22

Registration and licensing of teachers - Restoration of licence

Part V: Registration and licensing of teachers

Section Restoration of licence Section Where an application is made under subsection (1) , the Director of Education may— 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. grant the application; grant the application subject to conditions; advise the applicant to apply again at a future date as he or she may specify; or refuse to grant the application.

Section 23

Registration and licensing of teachers - Notice of cancellation to be served on teacher

Part V: Registration and licensing of teachers

Section Notice of cancellation to be served on teacher Section 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.

Section 24

Registration and licensing of teachers - Offences relating to teaching after cancellation of registration or licence

Part V: Registration and licensing of teachers

Section Offences relating to teaching after cancellation of registration or licence Section Any person who— continues to teach in a public or private school after he or she has been notified of the cancellation of his or her registration or licence to teach; permits any person to teach or continues to employ any teacher in his or her school after he or she has been notified of the cancellation of the registration or licence to teach; contravenes, in any way, the conditions of his or her registration or licence to teach; or knowingly employs any person as a teacher in contravention of any provision of this Act,

Section 25

Control and management of schools - Appointment of Director of Education, education officers, inspectors and other officers

Part VI: Control and management of schools

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

Section 26

Control and management of schools - Powers of inspector of schools

Part VI: Control and management of schools

Section Powers of inspector of schools Section 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— inspect and provide a report to the Permanent Secretary , the District Education Officer and the relevant foundation body , in a format prescribed by the Directorate of Education Standards, with respect to the school or any aspect of it, including any building, workshop, dormitory, hostel or kitchen used in connection with the education institution and any other building or property on the site of the school ; and inspect or cause to be audited the accounts of the school and may temporarily remove any books or records for the purpose of inspection or audit. 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...

Section 27

Control and management of schools - District council standing committee responsible for education

Part VI: Control and management of schools

Section District council standing committee responsible for education Section Subject to any written law, a district or municipal council standing committee for education shall be responsible for the oversight role of all educational services decentralised to a district, municipal, town council, division or subcounty.

Section 28

Control and management of schools - Education development plan

Part VI: Control and management of schools

Section Education development plan Section 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 w...

Section 29

Control and management of schools - Board of Governors and Management Committees

Part VI: Control and management of schools

Section Board of Governors and Management Committees Section 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— 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 authentication of the seal, the signification of decisions and the execution of documents of the Board of Governors and Management Committee ; the term of office of the members; the remuneration or allowances to be paid to the members; the appointment of the committees of the Board of Governors or Management Committee and the delegation of powers to such committees or to officers of the school ; the procedure to be followed at the meetings of the Board of Governors or Management Committee ; the p...

Section 30

Control and management of schools - Default by Board of Governors or Management Committee

Part VI: Control and management of schools

Section Default by Board of Governors or Management Committee Section 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— suspend the Board of Governors or Management Committee from the exercise and performance of its functions , and appoint a person or persons to exercise and perform the functions of the Board of Governors or Management Committee for a period not exceeding six months; or dismiss all or any of the members of the Board of Governors or Management Committee , and appoint in their place new members. 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 th...

Section 31

Control and management of schools - Establishment of students councils in post-primary institutions

Part VI: Control and management of schools

Section Establishment of students councils in post-primary institutions Section There shall be established students councils in all post-primary institutions in Uganda which shall be organised and managed in accordance with the constitution of the Uganda National Students’ Association.

Section 32

Special provisions relating to private schools - Requirements for establishing private school

Part VII: Special provisions relating to private schools

Section Requirements for establishing private school Section 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— Before the application is approved, the prospective school owner shall be required to fulfil the following— whether the proposed school forms or will form part of the education development plan prepared or approved by the committee responsible for education for a given area; and whether the proposed school meets or will meet the educational needs of the country or area, as the case may be. An application for establishing a private school by the prospective school owner shall be supported by at least three persons of high integrity and g...

Section 33

Special provisions relating to private schools - Permission to operate new school

Part VII: Special provisions relating to private schools

Section Permission to operate new school Section 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.

Section 34

Special provisions relating to private schools - Classification of private schools

Part VII: Special provisions relating to private schools

Section Classification of private schools Section 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 name of the school owner ; the type and range of education proposed to be provided; the classes, standards or forms to be provided; the staff list and their qualifications; the permanent location of the school which shall include a copy of the land title or evidence of tenancy on which the school is established; the capital available for the...

Section 35

Special provisions relating to private schools - Registration of private schools

Part VII: Special provisions relating to private schools

Section Registration of private schools Section If, after a period of two school years, the Permanent Secretary , Chief Administrative Officer or Town Clerk is satisfied— that all or any of the conditions set under this Act have not been fulfilled, he or she may— that the school provisionally licensed is properly run and organised, he or she shall issue a certificate of registration and classification; extend the provisional licence for a further period not exceeding one school year; or order the school to be closed.

Section 36

Special provisions relating to private schools - Register of private schools

Part VII: Special provisions relating to private schools

Section Register of private schools Section The Permanent Secretary , Chief Administrative Officer or Town Clerk , shall maintain a register of private schools classified by him or her under section 34 in which he or she shall enter the particulars of every private education institution classified by him or her.

Section 37

Special provisions relating to private schools - Cancellation of registration

Part VII: Special provisions relating to private schools

Section Cancellation of registration Section 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— the institution no longer fulfils the requirements of section 32(3) ; the school is being conducted or managed in contravention of this Act; the school has ceased to function as a school ; or the school owner has failed without reasonable cause to comply with the requirements of the notice served upon him or her under section 46 . 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 orde...

Section 38

Special provisions relating to private schools - Change of ownership of school

Part VII: Special provisions relating to private schools

Section Change of ownership of school Section 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.

Section 39

Special provisions relating to private schools - Extension to existing school

Part VII: Special provisions relating to private schools

Section Extension to existing school Section If the Permanent Secretary , Chief Administrative Officer or Town Clerk is satisfied that a proposed extension to an existing registered school cannot properly be administered as part of the existing registered education institution, he or she may require the school owner to apply for classification of the proposed extension as a new school .