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(4) The Director General is to approve an application to change the name of a school only if he or she is satisfied that the proposed new name is acceptable to a large majority of the local community. Division 4 Cancellation and withdrawal of approval of Education Authorities 32 (1) Cancellation of approval of Education Authority After consultation with the Minister, the Director General may cancel the approval of an Education Authority if he or she is satisfied that: Education Act No.
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9 of 2014 24 PART 5 EDUCATION AUTHORITIES (a) (b) (c) the Authority has operated its schools in a careless and irresponsible way to the detriment of staff and students; or the Authority does not have sufficient resources and facilities available for the satisfactory operation of its schools; or the schools of the Authority do not comply with the requirements for registration of a school set out in section 15; or (d) the Authority cannot competently administer its schools.
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The Director General must give the Education Authority written notice of the proposed cancellation and allow the Authority at least 28 days to make submissions in writing to him or her as to why the approval should not be cancelled. In deciding whether to cancel the approval of an Education Authority, the Director General must take into account any submissions made to him or her by the Education Authority.
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The Director General must give the Education Authority written notice of his or her decision within 28 days after making the decision.
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In making a decision to cancel the approval of an Education Authority, the Director General must, by Order, close the Authority’s schools or: (a) take over the Authority’s schools and any property of the schools or the Authority necessary for the operation of the schools; and (b) transfer the operation of the Authority’s schools to: (i) another Education Authority (if any) that has agreed to operate the school or schools; or (ii) the relevant Provincial Education Board.
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An Education Authority may appeal against the decision of the Director General to cancel its approval to the General Appeal Board. To avoid doubt, no compensation is payable by the Government to any person in respect of an order made under this section. (2) (3) (4) (5) (6) (7) Education Act No. 9 of 2014 25 PART 5 EDUCATION AUTHORITIES 33 Withdrawal of approval of Education Authority (1) The Director General may, at the written request of an Education Authority, withdraw the approval of the Authority.
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(2) On the withdrawal of an approval of an Education Authority, the Director General must by Order close the Authority’s schools or: (a) take over the Authority’s schools and any property of the schools or the Authority necessary for the operation of the schools; and (b) transfer the operation of the Authority’s schools to: (i) another Education Authority (if any) that has agreed to operate the school or schools; or (ii) the relevant Provincial Education Board.
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(3) To avoid doubt, no compensation is payable by the Government to any person in respect of an Order made under this section.
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Division 5 Other matters relating to Education Authorities Functions of Education Authorities 34 An Education Authority has the following functions: (a) (b) (c) (d) 35 (1) to administer its schools in accordance with the requirements of this Act and the regulations; and to ensure that the syllabuses and curriculums for each of its schools comply with the requirements determined by the National Education Commission; and to ensure that people with proper qualifications and experience are employed as teachers and other staff at its schools; and to provide such information and reports on its schools to the Director General as he or she may request in writing.
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Accounts An Education Authority must: (a) keep proper accounting records in relation to its financial affairs (including receipt and expenditure of government grants under section 37); and Education Act No. 9 of 2014 26 PART 5 EDUCATION AUTHORITIES (b) prepare annual statements of account for each financial year. (2) An Education Authority’s accounts for each financial year must be audited within 6 months after the end of that financial year by an auditor approved by the Director General.
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(3) An Education Authority must make its accounts and supporting records available upon the request of auditors from the Ministry. (4) A person who: (a) (b) fails to make all relevant accounts and supporting records available upon a request made under subsection (3); or obstructs an auditor from the Ministry in auditing a school’s accounts, is guilty of an offence punishable on conviction by a fine not exceeding VT 500,000 or imprisonment for a term not exceeding three months, or both.
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Reports An Education Authority must, within 2 months after the end of each year, provide the Director General with a report relating to the administration of its schools for that year. The report must include a detailed financial return showing all income and expenditure for the Education Authority and each school administered by it. The Director General may determine the form and content of the report referred to in subsection (1).
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The Education Authority must provide the Director General with any additional information which he or she may request about a matter contained in a report. 36 (1) (2) (3) (4) (5) An Education Authority that fails to comply with this section is guilty of an offence punishable, on conviction, by a fine not exceeding VT500,000. Education Act No.
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Education Act No. 9 of 2014 27 PART 6 NATIONAL SCHOOL SYSTEM PART 6 NATIONAL SCHOOL SYSTEM Division 1 Funding for schools 37 (1) (2) (3) Funding of Education Authorities An Education Authority that has entered into a funding agreement with the Minister on behalf of the Government may receive funding by way of grants from the Government. An Education Authority must spend the monies received by way of any government grants in accordance with the funding agreement.
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The funding provided to an Education Authority by way of government grants is not intended to cover the total operating costs of the Authority. (4) An Education Authority may receive funding from other sources. (5) (6) (7) An Education Authority must provide the Director General with accurate details of the total amount of funding received, broken down into the separate sources of that funding.
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Nothing in this section requires the Minister on behalf of the Government to enter into funding agreements with all Education Authorities. Some Education Authorities may want to be financially independent, and not require funding by way of government grants. A funding agreement may provide for direct payment of salaries and other benefits to teachers and other persons working in the schools of an Education Authority.
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Funding of Provincial Education Boards 38 All Provincial Education Boards are to receive funding by way of grants from the Government. 39 (1) Funding of Schools by the Government The Government may provide funding to all: (a) government schools; and (b) non-government schools administered by an Education Authority that has entered into an agreement with the Minister on behalf of the Government, annually by way of grant. Education Act No.
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Education Act No. 9 of 2014 28 PART 6 NATIONAL SCHOOL SYSTEM (2) (3) (4) (5) (6) 40 (1) (2) (3) (4) (5) 41 (1) Schools must spend the monies received under subsection (1) in accordance with the Grants Code under section 40. Schools may receive funding from other sources, for example donations and school fund raising activities.
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The Principal for each school is responsible for the proper management of the schools funds by ensuring that accurate and up to date financial records of all school income and expenditure are kept. Education Authorities and Provincial Education Boards must ensure proper financial records are kept for each of their schools. The Director General may determine the form and content of the financial records required to be kept by schools under this section.
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Grants Code As soon as possible after commencement, the Director General must, in consultation with Education Authorities and Provincial Education Boards, prepare a Grants Code providing for the distribution of government grants to schools. The Grants Code must be submitted to the Minister for his or her approval and does not come into force until the Minister approves it. A Grants Code that has been approved by the Minister must be published in the Gazette.
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An Education Authority that fails to comply with any provision of a Grants Code is guilty of an offence punishable on conviction by a fine not exceeding VT500,000. For the purpose of this section, Grants Code means a documented set of rules or conditions that all schools which receive government funding are expected to comply with in the way they spend and account for that funding.
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School fees Subject to subsection (9), the Minister may, after consultation with the Director General and the National Education Advisory Council, by Order prescribe the range of fees payable at government and non-government schools in relation to the following: (a) tuition; and Education Act No. 9 of 2014 29 PART 6 NATIONAL SCHOOL SYSTEM (b) boarding; and (c) provision of books and other materials; and (d) any other facilities or services provided to students.
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(2) An Education Authority or a Provincial Education Board must not charge fees at any of its schools that are in excess of the prescribed range. (3) Different fees may be prescribed in respect of: (a) government and non-government schools; and (b) government and non-government schools in different provinces. Subsections (1) and (2) do not apply to any non-government schools which do not receive funding from the Government.
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Despite subsection (4), the Minister may by Order prescribe fees for non- government schools which do not receive funding from the Government upon consultation with the appropriate stakeholders. The parents of a child are jointly and severally liable for all fees due in respect of the child, whether or not they enrolled the child at the school.
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The principal of a school may, after consultation with the relevant Education Authority or Provincial Education Board, exclude from attendance at the school any student in respect of whom fees have not been paid by the due date. Before taking action under subsection (7), a principal must use reasonable efforts to reach an acceptable arrangement in relation to payment of the fees so the student can continue to attend school.
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An Education Authority or a Provincial Education Board may waive in whole or in part the fees due in respect of a student if the Authority or Board is satisfied that the parents of the student are unable to pay such fees in whole or in part. Accountability of school fees The principal of a school is responsible for the collection of fees payable for any matter mentioned in subsection 41(1). (4) (5) (6) (7) (8) (9) 42 (1) Education Act No.
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(4) (5) (6) (7) (8) (9) 42 (1) Education Act No. 9 of 2014 30 PART 6 NATIONAL SCHOOL SYSTEM (2) An Education Authority or a Provincial Education Board must ensure that proper accounts are kept for each of its schools in relation to the collection and disbursement of such fees.
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Division 2 School Staffing Structure 43 (1) (2) Approval of school staffing structure The Director General may determine the number and type of positions at government and non-government schools administered by the Education Authorities which have entered into an agreement with the Government. Provincial Education Officers and relevant Education Authorities must, in writing, provide the Director General annually with a proposed staffing structure for each school they administer.
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(3) The proposed structure must contain the following details: (a) the current student enrolment at the school categorized into year groups; and (b) the current number of staff at the school and their roles; and (c) (d) any anticipated trends in enrolment, together with documented evidence of those anticipated trends; and a statement confirming that the Provincial Education Officer or Education Authority has made appropriate enquiries and confirms the accuracy of the information provided.
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44 (1) Variation of school staffing structures A Provincial Education Officer or relevant Education Authority may seek a variation of a school’s staffing structure at any time by: (a) making an application to the Director General in the prescribed form; and (b) providing all the details required under subsection 43(3). (2) Provincial Education Officers and Education Authorities must advise the Director General of any change of 5% or more in student enrolment numbers at a school they administer.
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(3) The Director General is to review school staffing structures at least once a year and may vary a school staffing structure. Education Act No.
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9 of 2014 31 PART 6 NATIONAL SCHOOL SYSTEM 45 (1) Positions in schools The Director General may determine: (a) categories of positions in schools including, but not limited to principals, deputy principals, classroom teachers, assistant teachers, inclusive education teachers and early childhood and care education teachers; and (b) the duties of particular categories of positions; and (c) that particular positions are to be part-time, including the days or hours of work of such part-time positions.
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(2) For the purposes of paragraph (1)(a), inclusive education teacher means a teacher who is specially trained to teach children with special needs from children who are highly intelligent to children with vision impairment, hearing impairment, speech impairment, intellectual impairment, physical impairments.
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Division 3 Administration and management of schools 46 (1) Responsibilities of the principal The principal of a school is responsible for: (a) the day to day administration and management of the school; and (b) the well-being of students and staff at the school; and (c) (d) the professional development of teaching and other staff at the school; and reporting to the Education Authority or Provincial Education Board on matters relating to the school as required by the Authority or the Board.
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(2) Without limiting subsection (1), the principal of a school must: (a) (b) ensure that the school buildings and grounds are kept clean and tidy, and are well maintained; and in consultation with the staff, school committees, school councils and school community associations, develop rules for the school to ensure the well being of students and staff; and Education Act No.
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9 of 2014 32 PART 6 NATIONAL SCHOOL SYSTEM (c) (d) (e) (f) (g) (h) provide guidance and counselling to students, and advice to parents, on matters affecting a student’s progress at the school; and identify school aged children within their community who are not attending school and work with the relevant family, school community association and school council to ensure any such children attend school regularly; and ensure a written report is provided to parents in relation to student performance including effort, progress and achievement, at least twice a year; and keep and maintain accurate records of student and staff attendance, student reports and disciplinary issues; and keep and maintain all other records required by or under this Act ; and provide the Director General with such information about the school as he or she requires for the purposes of this Act or the regulations.
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The Director General may determine the form and content of the written report to parents referred to in paragraph (2)(e) and the records referred to in paragraph (2)(f). Discipline of students The Director General must prepare guidelines for the adoption and implementation by schools of fair discipline practices that provide for the control and regulation of student discipline in schools and that reinforces good behaviour. The guidelines must not permit corporal punishment of students attending schools.
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However, they may permit other reasonable forms of punishment or correction of those students, including requiring students to perform any reasonable work or service for the school. Subject to subsection (4), an Education Authority or a Provincial Education Board may, on the recommendation of the principal of a school, expel a student from the school for: (a) severe misconduct or disobedience; or (3) 47 (1) (2) (3) (b) any other activity that has a major detrimental effect on the school. Education Act No.
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Education Act No. 9 of 2014 33 PART 6 NATIONAL SCHOOL SYSTEM (4) (5) (6) (7) (8) An Education Authority or a Provincial Education Board must not expel a student unless it has conducted a thorough investigation in relation to the matter and the student has been given an opportunity to be heard. The Education Authority or Provincial Education Board must, as soon as practicable, notify the parents of a student who is expelled and the chairperson of the relevant school council.
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A student must not be expelled, withdrawn or otherwise have his or her enrolment at a school involuntarily terminated unless the procedure under subsection (4) has been complied with by an Education Authority or a Provincial Education Board. The principal of a school may suspend a student from the school for misconduct or disobedience for a period not exceeding 2 weeks.
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A principal must not suspend a student unless there has been an investigation into the matter and the student has been given an opportunity to be heard. (9) The principal must as soon as practicable notify the parents of the suspended student and the chairperson of the school council. (10) A parent of a student who has been expelled under subsection (3) may appeal in writing to the Director General against the expulsion.
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(11) The Director General must determine the appeal as soon as possible and notify in writing the Education Authority or Provincial Education Board, as the case requires, and the appellant of his or her decision. 48 Medical examination of students (1) Subject to subsection (2), the Director General must cause all students at a school to be examined by a qualified medical practitioner at regular intervals to be determined by the Director General.
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(2) (3) The parent of a student may make a request to the principal that the student be exempt from a medical examination. The principal must allow the request if he or she is satisfied that a qualified medical practitioner will examine the student at the parent’s expense. Following a medical examination, the principal may exclude a student from attending the school if he or she has a condition likely to endanger the health of other students. Education Act No.
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Education Act No. 9 of 2014 34 PART 6 NATIONAL SCHOOL SYSTEM (4) 49 (1) The student referred to in subsection (3) must be reinstated once a medical practitioner provides a report stating that the student is free from any such condition. School councils An Education Authority or a Provincial Education Board must establish a school council for each of its schools to assist the principal in the management and administration of the school.
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(2) An Education Authority or a Provincial Education Board is to determine for each school council: (a) the membership of the school council, which must wherever possible include both male and female members; and (b) the functions and responsibilities of the school council. In determining the membership of the school council, an Education Authority or a Provincial Education Board must ensure that a person appointed as a member of the school council has met the criteria prescribed by the Minister.
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The Minister may prescribe the criteria of appointment of a member of a school council. A school council is to regulate its procedures and conduct its business in accordance with any relevant Regulations, determinations or guidelines made under subsection 12(3). Subject to subsection (7), a member of a school council is not entitled to any salary or other remuneration, including by way of allowances, for his or her services provided to the school council.
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Subject to the availability of funds at a school, a member of the school council is to be reimbursed for expenses properly incurred when engaged on the business of the school council. A school council may identify school aged children not attending classes at school within its community and work with the relevant family members, school principal or any school community association established under section 52 to ensure that such children attend classes at school. (3) (4) (5) (6) (7) (8) Education Act No.
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(3) (4) (5) (6) (7) (8) Education Act No. 9 of 2014 35 PART 6 NATIONAL SCHOOL SYSTEM (9) 50 (1) (2) (3) (4) (5) A School council may from time to time arrange for a member of the student representative body to attend any school council meeting and to contribute to any discussions and deliberations at the meeting. Student representative body This section applies only to secondary education. A student representative body is established within each school under subsection (1).
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The Principal of a school must facilitate the establishment and ongoing operation of a student representative body. Subject to subsection (5), the Principal is to determine the membership and the process of selection of members of the student representative body. Students of a school are to elect from amongst themselves members of the student representative body.
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51 Functions of a student representative body A student representative body has the following functions: (a) to consider an issue placed by a student for its consideration; and (b) to submit unresolved issues to the principal for consideration by the principal; and (c) such other functions as may be specified under this Act.
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52 (1) School community associations Parents of students attending any school together with other residents of the area served by the school who are interested in the welfare of the school may form a school community association in connection with the school.
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(2) The objectives of a school community association are to: (a) (b) promote the interests of the school by bringing parents, students, teaching staff and other residents of the school area into close co- operation; and assist in providing facilities and equipment for the school and in promoting the recreation and welfare of the students at the school; and Education Act No.
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9 of 2014 36 PART 6 NATIONAL SCHOOL SYSTEM (c) (d) encourage parent and community participation in curriculum and other education issues; and identify school aged children within their community who are not attending school and work with the relevant family, school principal and school council to ensure that such children attend classes in a school regularly. 53 (1) School Based Management Unit The Director General may in writing provide for the establishment of a School Based Management Unit.
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(2) The School Based Management Unit consists of the following persons: (a) (b) (c) school improvement officers appointed by the Public Service Commission; and zone curriculum advisors appointed by the Teaching Service Commission; and Provincial finance officers appointed by the Public Service Commission.
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(3) For the purpose of this section: school improvement officer means a person appointed by the Public Service Commission to be a school improvement officer for the purposes of this Act; zone curriculum advisor means a person appointed by the Teaching Service Commission to be a zone curriculum advisor for the purposes of this Act.
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54 (1) Functions of the School Based Management Unit The School Based Management Unit must visit a school on a regular basis to ensure that the school has an effective management and administrative system that: (a) advances quality teaching and learning; and (b) promotes a culture of educational excellence; and (c) complies with this Act and any determination, guideline or policy made under this Act. Education Act No.
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9 of 2014 37 PART 6 NATIONAL SCHOOL SYSTEM (2) In addition to subsection (1), the School Based Management Unit must ensure: (a) that a school develops and implements: (i) a management and administration structure; and (ii) an improvement plan for each academic year; and (iii) a budget for each academic year; and (iv) a discipline procedure for the wellbeing and conduct of staff and students; and (v) an academic plan and standards; and (vi) a system that encourages community participation and care; and (b) (c) (d) that a school meets the standards of health and safety requirements; and that a school adequately caters for children with special needs, including children with disabilities; and that curriculum implementation and teaching standards of a school are: (i) of high quality; and (ii) in accordance with the national curriculum; and (iii) in accordance with this Act or any regulations, determination or guidelines made under this Act; and (e) that the financial management practices of a school are: (i) of high quality; and (ii) in accordance with this Act or any Regulation, determination or guideline made under this Act.
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(3) In conducting any school visit or making an assessment under this section, the School Based Management Unit may require the principal, a teacher or Education Act No. 9 of 2014 38 PART 6 NATIONAL SCHOOL SYSTEM other members of the school staff to provide a report in writing on any issues identified by it during the course of its visit. (4) (5) (6) The School Based Management Unit must make a report on the findings of its visit under subsection (1), to the Director General.
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The School Based Management Unit may upon request, assess the performance of the principal and teachers of a school and make a report on the findings. The School Based Management Unit must submit a report on the findings made under subsection (4) to the Teaching Service Commission, the relevant Provincial Education Officer or Authority and the Director of School Programs within 14 days from the date of completion of the visit or assessment.
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(7) A principal, teacher or member of the school staff who fails to comply with subsection (3) commits a disciplinary offence and is subject to a disciplinary action by the Teaching Service Commission.
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Division 4 Cancellation of registration of schools 55 (1) Cancellation of registration of schools by Director General After consultation with the Minister, the Director General may cancel the registration of a school if the Director General is satisfied that: (a) (b) (c) the school is being operated by the Education Authority or Provincial Education Board in a careless and irresponsible way to the detriment of its staff and students; or the school does not comply with the requirements for registration of a school under section 15; or the Education Authority or Provincial Education Board does not have sufficient money and facilities available for the satisfactory operation of the school; or (d) the Education Authority or Provincial Education Board cannot competently administer the school; or (e) it is not in the public interest to keep the school open.
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(2) The Director General must give the principal of the school and the Education Authority or the Provincial Education Board written notice of Education Act No. 9 of 2014 39 PART 6 NATIONAL SCHOOL SYSTEM (3) (4) (5) 56 (1) the proposed cancellation and allow at least 28 days for submissions to be made in writing to him or her as to why the school’s registration should not be cancelled.
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In deciding whether to cancel the registration of the school, the Director General must take into account any submissions made by the Education Authority or the Provincial Education Board and the principal. The Director General must give the Education Authority or the Provincial Education Board and the principal written notice of his or her decision within 28 days after making the decision. The cancellation of the registration of the school takes effect on the date specified in the notice.
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An Education Authority or a Provincial Education Board may appeal against the decision of the Director General to cancel the registration of a school.
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Take over of schools Subject to subsection (2), if the Director General is of the opinion that a school whose registration has been cancelled under section 55 should continue to operate, the Director General may by Order: (a) take over the school and any property of the school, or any property of the Education Authority or Provincial Education Board at the school; and (b) transfer the operation of the school to: (i) the Education Authority (if any) that has agreed to operate the school; or (ii) the relevant Provincial Education Board.
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(2) The Director General must not carry out any of the actions stated in subsection (1) unless the Director General has obtained the written prior approval of the governing body of the school. (3) No compensation is payable by the Government to any person in respect of an Order made under this section. Education Act No.
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9 of 2014 40 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM PART 7 AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS PART 7 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS Division1 National Education Advisory Council 57 (1) Establishment and functions of the National Education Advisory Council The National Education Advisory Council is established.
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(2) The Council has the following functions: (a) to advise the Minister and the Director General on: (i) (ii) the operation of the early childhood and care, primary and secondary education system; and the funding of the early childhood and care, primary and secondary education system, including the level of school fees to be prescribed under section 41; and (iii) on any other matter affecting early childhood, primary or secondary education; and (b) to monitor the effectiveness of education policies and practices; and (c) to develop policy proposals for consideration by the Ministry; and (d) (e) to assist, advise and co-operate with communities, organisations and individuals on matters affecting early childhood and care, primary or secondary education; and whenever requested by the Minister or the Director General, to provide information or advice to him or her on any matter affecting early childhood and care, primary or secondary education.
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58 Membership of the National Education Advisory Council (1) The National Education Advisory Council has 11 members who are to be appointed by the Minister on the advice of the Director General. Education Act No.
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9 of 2014 41 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM PART 7 AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS (2) The members are: (a) a representative of the Vanuatu Christian Council; and (b) 2 representatives of the Vanuatu Teachers Union; and (c) 2 representatives of school community associations; and (d) a representative of the National Council of Chiefs; and (e) a representative of the Vanuatu National Council of Women; and (f) a representative of the Ministry responsible for health; and (g) 2 representatives of the non-government sector; and (h) a representative of tertiary education institutions.
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(3) (4) 59 (1) (2) (3) (4) The Director General is an ex officio member of the Council, but has no voting rights at a meeting of the Council. The Minister in making an appointment under subsection (1) must ensure that the Council has an equitable and balanced gender representation. Establishment and functions of the Secretariat of the National Education Advisory Council The Secretariat of National Education Advisory Council is established.
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The Secretariat is to assist in managing the carrying out of the functions and implementation of the decisions of the National Education Advisory Council. The Secretariat consists of the secretary and employees appointed by the Public Service Commission.
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A person who was employed as a staff of the Secretariat immediately before the commencement of this Act is to continue to be employed at the Secretariat in the same position with the same terms and conditions of employment and accrued entitlements as if the person had been appointed under this Act. Education Act No.
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Education Act No. 9 of 2014 42 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM PART 7 AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS (5) The secretary must establish, maintain and manage the Secretariat in such a way as to provide an efficient and professional administrative service to the Council.
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Division 2 National Curriculum and Assessment Board 60 (1) Establishment and membership of the National Curriculum and Assessment Board The National Curriculum and Assessment Board is established. (2) The Board consists of 9 members who are to be appointed by the Minister.
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(3) The Members are: (a) (b) (c) (d) 2 members who have qualifications or expertise in curriculum development; and 2 members who have qualifications or expertise in examination practices and policy; and 2 members who have qualifications or expertise in teacher education practices and policy; and 2 members who represent the private sector and non-government organisations. In addition to subsection (2), the Director responsible for curriculum and assessment is an ex officio member of the Board.
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The Minister in making an appointment under subsection (2), must ensure that the Board has an equitable and balanced gender representation. In undertaking its functions under sections 61 and 62, the Board must consult as widely as practicable with communities, organisations and individuals.
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(4) (5) (6) Assessment and examination function 61 The Board has the following functions in relation to assessment and examinations of day care institutions, kindergartens and schools: (a) to determine the number, type and content of assessment and examinations to be used for further education selection purposes and for the award of Education Act No.
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9 of 2014 43 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM PART 7 AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS any nationally recognised certificate or any other educational qualification to school students; and (b) (c) (d) (e) (f) (g) (h) 62 (1) to determine the procedures for conducting such assessment and examinations; and to arrange for such assessment and examinations to take place and to ensure they are conducted fairly; and to evaluate the process relating to assessment and examinations on a regular basis and advise the Director General of any changes that may be necessary; and to recommend to the Director General the criteria for selection and allocation of school student candidates to other educational institutions in Vanuatu; and to ensure that the processes relating to assessment and examinations and the selection and allocation of candidates are transparent, fair and based on merit; and to present to the Director General an annual report and any other reports required by the Director General relating to assessment and examinations; and whenever requested by the Minister or the Director General, to provide information or advice to him or her on any matter affecting assessment and examinations.
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Curriculum and syllabus functions In addition to section 61, the Board has the following functions in relations to curriculums and syllabuses: (a) (b) (c) subject to subsection (2), to evaluate and approve the national curriculum for early childhood and care, primary and secondary education in Vanuatu; and to ensure that the national curriculum is implemented and reflects the national curriculum statement; and to ensure that the guidelines for curriculum development and review are established; and Education Act No.
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9 of 2014 44 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM PART 7 AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS (d) (e) (f) (g) (h) (i) to review the national curriculum at regular intervals and recommend any necessary changes; and to evaluate and approve the syllabuses to be taught in primary and secondary schools and the appropriate allocation of time for subjects; and to approve procedures, guidelines and timetables for the production or revision of subject syllabuses and support materials; and to approve for purchase and distribution throughout Vanuatu support materials, including books and equipment; and to present to the Director General an annual report and any other reports required by the Director General relating to the national curriculum or syllabuses; and whenever requested by the Minister or the Director General, to provide information or advice to him or her on any matter affecting the national curriculum or syllabuses.
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(2) The Commission must not approve a curriculum as the national curriculum unless it is satisfied that: (a) it takes into account national policies, needs and aspirations; and (b) it provides for the physical, spiritual, social and cultural development of students as reflected in the national curriculum statement.
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For the purpose of this section, national curriculum statement means the document that sets the legal framework which guides the development of the National curriculum for Vanuatu Establishment and functions of the Secretariat of the National Curriculum and Assessment Board The Secretariat of the National Curriculum and Assessment Board is established.
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The Secretariat of the National Curriculum and Assessment Board must assist in managing the carrying out of the functions and implementation of the decisions of the National Curriculum and Assessment Board. (3) 63 (1) (2) Education Act No.
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(3) 63 (1) (2) Education Act No. 9 of 2014 45 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM PART 7 AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS (3) (4) The Secretariat consists of the secretary who is to be the Principal Curriculum and Assessment Officer and employees appointed by the Public Service Commission.
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A person who was employed as a staff of the Secretariat immediately before the commencement of this Act is to continue to be employed at the Secretariat in the same position with the same terms and conditions of employment and accrued entitlements as if the person had been appointed under this Act. (5) The secretary must establish, maintain and manage a Secretariat to provide for the efficient and professional administrative services to the Board.
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Division 3 National Scholarship and Training Board 64 (1) Establishment and membership of the National Scholarship and Training Board The National Scholarship and Training Board is established.
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(2) The persons occupying the following positions are members of the Board: (a) (b) (c) the Director General of the Ministry of Education who is to be the Chairperson of the Board; and the Director General of the Ministry of Finance and Economic Management; and the Director General of the Ministry of Foreign Affairs and External Trade; and (d) the Director General of the Office of the Prime Minister; and (e) the Director of Education.
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(3) In addition to subsection (2), the Minister is to appoint on the advice of the Director General, 6 other members of the Board who are: (a) a representative of the Chamber of Commerce and Industries; and (b) a representative of tertiary education institutions; and (c) a representative of the Department of Labour; and Education Act No.
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9 of 2014 46 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM PART 7 AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS (d) a representative of the Vanuatu Finance Centre; and (e) a representative of the Civil Society; and (f) a representative of the Vanuatu Qualifications Authority. (4) The Minister may prescribe the criteria for members referred to under subsection (3).
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(5) A person is not qualified to be appointed under subsection (3) if he or she: (a) is a member of Parliament; or (b) exercises any position of responsibility in a political party. (6) 65 (1) The Minister in making an appointment under subsection (3), must ensure that the Board has an equitable and balanced gender representation.
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Functions of the National Scholarship and Training Board The National Scholarship and Training Board has the following functions: (a) to implement policies that support the scholarship program; and (b) (c) (d) (e) (f) (g) to ensure a fair, transparent and merit based selection of candidates for the award of scholarships; and to determine annually the criteria and terms and conditions for the award of scholarships by the Government; and to determine the priority of scholarships for funding by the Government; and to provide advice and guidance to the Scholarship Unit in its administration of the scholarship program; and to assist the Scholarship Unit in seeking additional funding for scholarships; and to assist in identifying and recommending scholarship options to eligible students; and (h) to determine the award or termination of scholarships; and Education Act No.
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9 of 2014 47 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM PART 7 AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS (i) (j) to present to the Director General an annual report and any other reports required by the Director General relating to scholarships; and whenever requested by the Minister or the Director General, to provide information or advice to him or her on any matter affecting scholarships.
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(2) For the purpose of this section: scholarships program means the provision of Government funded scholarships for post secondary education and training associated administrative arrangements aimed at developing appropriately qualified and skilled citizen; Scholarship Unit means the Training and Scholarships Coordination Unit or such other body within the Department as is specified by the Director General.
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66 (1) (2) 67 (1) (2) Seeking to influence decisions A person including the Minister, other members of Parliament, political advisors and those holding positions of authority in political parties must not seek to influence the Board in relation to decisions under this Act either directly or through another person. A person referred to in subsection (1) who fails to comply with subsection (1) commits and offence and is liable on conviction to a fine not exceeding VT 1,000,000.
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https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf
Appeals A person directly affected by the decision of the Board may appeal to the General Appeal Board. An appeal under this section can only be based on one or more of the following grounds: (a) a lack of procedural fairness; or (b) an error of fact; or (c) undue influence under section 66; or (d) failure to properly apply any relevant guidelines or Orders. Education Act No.
Financial inclusion
Education for women and girls
Vanuatu
https://docs-lawep.s3.us-east-2.amazonaws.com/1696577126929.pdf
https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf
Education Act No. 9 of 2014 48 NATIONAL EDUCATION ADVISORY COUNCIL, NATIONAL CURRICULUM PART 7 AND ASSESSMENT BOARD, NATIONAL SCHOLARSHIP AND TRAINING BOARD AND PROVINCIAL EDUCATION BOARDS (3) (4) (5) (6) 68 (1) (2) (3) (4) An application for appeal must be made in writing and must be received by the General Appeal Board within 28 days from which the decision being appealed against was made.
Financial inclusion
Education for women and girls
Vanuatu
https://docs-lawep.s3.us-east-2.amazonaws.com/1696577126929.pdf
https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf
The General Appeal Board may accept a late appeal where there are circumstances such as delay due to the person concerned being in an isolated location. The General Appeal Board must promptly review the decision being appealed against. The General Appeal Board must determine an appeal under this section within 1 month from receiving an application under subsection (3) and must advise the person who lodged the appeal of the outcome and the reasons for the decision in writing.
Financial inclusion
Education for women and girls
Vanuatu
https://docs-lawep.s3.us-east-2.amazonaws.com/1696577126929.pdf
https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf
Establishment of the Secretariat of the National Scholarship and Training Board The Training and Scholarships Coordination Unit is the Secretariat to the National Scholarship and Training Board. The Secretariat of the National Scholarship and Training Board must assist in managing the carrying out of the functions and implementation of the decisions of the National Scholarship and Training Board.
Financial inclusion
Education for women and girls
Vanuatu
https://docs-lawep.s3.us-east-2.amazonaws.com/1696577126929.pdf
https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf
The Secretariat consists of the secretary who is to be the Principal Scholarship Officer and employees who are to be appointed by the Public Service Commission. A person who was employed as a staff of the Secretariat immediately before the commencement of this Act is to continue to be employed at the Secretariat in the same position with the same terms and conditions of employment and accrued entitlements as if the person had been appointed under this Act.
Financial inclusion
Education for women and girls
Vanuatu
https://docs-lawep.s3.us-east-2.amazonaws.com/1696577126929.pdf
https://moet.gov.vu/docs/acts/Education%20Act_No.%209%20of%202014.pdf