Education Act

Link to law: http://laws.gov.ag/acts/chapters/cap-145.pdf
Published: 1973

Education (CAP. 145 1

CHAPTER 145

T H E EDUCATION ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

GENERAL

3. Exercise of powers.
4. Responsibilities of Minister.
5. Powers of the Minister.
6. System of public education.
7. Prohibition of discrimination.
8. Power to establish a National Advisory Council.
9. Powers of the Advisory Council.

ESTABLISHMENT OF SCHOOLS

10. Categories of Schools.
1 1. Public School System.
12. Duty to provide public Schools.
13. Responsibilities of Chief Education Officer
14. Responsibilities of Headteachers.
15. Use of government school buildings.

ADMISSION O F PUPILS

16. Requirements for admission.
17. Refusal of admission.
18. Registration of pupils.
19. Transfer of pupils.
20. Infectious diseases.
21. Re-admission of pupil on production of Medical

Certificate.
22. Temporary closure of School for reasons of health.
23. Suspension of pupils.

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CAP. 145) Education

24. Suspension or expulsion of pupils from private schools.
25. Examinations for admission to public secondary schools.
26. Record books and cards.

ATTENDANCE O F PUPILS

27. Number of sessions.
28. Conditions of attendance.
29. Duration of school year.
30. Vacation in schools.
3 1. Occasional holidays.

DISCIPLINE O F PUPILS

32. Corporal punishment.

RELIGIOUS INSTRUCTION

33. Lord's Prayer and portion of Scripture to be read.

PRIVATE SCHOOLS

34. Register of Private schools.
35. Private schools to be registered.
36. Cancellation of registration.
37. Returns.
38. Offences in respect of returns.
39. Minister or his representative may visit private schools

and make enquiries.

GRANTS T O PRIVATE SCHOOLS

40. Assistance from public funds.
41. Registers to be kept.
42. Conditions of grants to private schools.

COMPULSORY EDUCATION

43. Compulsory education age.

COMPULSORY SCHOOL ATTENDANCE
AND INSPECTION

44. Duty of parents to secure the education of their children.
45. When attendance is excused.
46. Appointment of Education Officers.
47. Responsibility of Education Officer.

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Education (CAP. 145 3

48. Powers of officers.
49. Enforcement of compulsory school attendance.
50. Liability of parent.
51. Institution of proceedings.

SCHOOLS FOR FURTHER EDUCATION

52. Existing technical institutes.

TEACHERS COLLEGE

53. Improvement of Teachers Training College.
54. Power to enter into agreements with U.W.I.

INSPECTION AND REPORTS

55. Inspection.
56. Reports by Education Officers.
57. Inspection by Medical Officers.
58. Assistance to be given by Headteacher.

REGISTERS, RECORDS, etc.

59. Records to be kept.
60. Attendance registers.
61. Log Book.

SCHOOL BUILDINGS

62. Specification of school.

MISCELLANEOUS

63. Public school to conform to standards required.
64. Power to make regulations.

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Education (CAP. 145 5

EDUCATION

(4th April, 1973.) 711973.

1. This Act may be cited as the Education Act.

2. In this Act- Interpretation.

"Advisory Council" means the National Advisory
Council which may be established by the Minister
pursuant to section 8;

"assisted" in relation to a school means assisted by a
grant or any form of assistance made from public
funds:

"comprehensive school" means a school intended for
providing all the secondary education facilities need-
ed by the children of a given area;

"guardian" includes any person who has the legal or
actual custody of a child;

"Minister" means the Minister responsible for
Education;

" parent" includes guardian;

"primary school" means a school for the provision of
primary education for pupils up to the age of twelve
years;

" remuneration" means pay and allowances;

"school" means an institution approved by the Minister
for the education of children:

"secondary school" means a school for the provision
of secondary education within the meaning of sec-
tion l l ( 1 ) (c ) ;

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6 CAP. 145) Education

6 ' teacher" means a person registered for employment
as such in any Government or assisted school or
in any private school, on the register of teachers
kept by the Ministry of Education.

GENERAL
Exercise of 3. The powers conferred on the Minister by this Act
powers.

shall be exercised so as to ensure:-

( a ) the establishment of a system of education
designed to provide adequately for the planning and
development of an educational service relating to the
changing needs of the community;

( 6 ) the effective execution of the education policy
of the Government.

Responsibilities
of Minister.

4. (1) The Minister is responsible for securing the
purposes set out in section 3 and for the proper administra-
tion of the provisions of this Act, and in the exercise of the
powers conferred on him by the Act, the Minister may do
such things as are necessary or convenient for the purpose
of carrying out his responsibilities under this Act.

(2) In addition to the several duties imposed on the
Minister by this Act, the Minister shall be responsible for-

(a ) devising a system of education calculated as far
as possible to ensure that the education and vocational
abilities, aptitudes and interests of the children find
adequate expression and opportunity for development;

( 6 ) conducting, establishing, managing, maintain-
ing and assisting schools in accordance with regulations
to be made by him from time to time;

(c) conducting education for youths and adults.

Powers of the
Minister.

5 . For the purpose of the performance of his respon-
sibilities under this Act the Minister may-

(a ) require the attendance of children of compulsory
school age at schools established and conducted under
this Act;

( b ) regulate the operation of private schools;

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Education (CAP. 145 7

(c) make provision for the professional training of
teachers for the entire system of public education and
lay down standards which are necessary for the recruit-
ment of teachers, their training and conditions of service;

(d) constitute committees or other bodies to advise
him from time to time on educational and related
matters;

(e) prescribe curricula, textbooks and practices in
all public schools so as to ensure conformity with national
standards of education;

V) do all such other things as may be found
expedient from time to time for the carrying out of his
responsibilities for education and training.

6. (1) The system of public education shall be system of public
education.

organised in three stages, that is to say-

(a) primary education which shall consist of full
time education suitable to the requirements of junior
pupils;

( 6 ) secondary education, which shall consist of full
time education suitable to the requirements of senior
pupils who are under the age of twenty years;

(c) further education, which shall consist of-

(i) full time education beyond secondary educa-
tion or in addition to it;

(ii) part-time education;

(iii) leisure time occupation in organised cultural
training and recreative activities available in
pursuance of any provision made under this
Act for pupils who have attained the age of
sixteen years.

(2) In addition to the three stages of public education
mentioned in subsection (I ) , there may be provided special
schools suitable to the requirement of pupils who are deaf,
dumb, retarded or otherwise handicapped.

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8 CAP. 145) Education

Prohibition of
discrimination.

7. No person shall be refused admission to any public
school on account of the religious or political persuasion,
race or social status of such a person or his parents.

Power to
establish a

8. (1) The Minister may establish a National advisory
National Council for the purpose of advising him as to the performance
Advisory
Council.

of any of his responsibilities under this Act.

(2) The Advisory Council shall comprise of such
number of members as the Minister may determine,
appointed from among persons representing-

(a) representatives of the Antigua Union of
Teachers;

(b) expert educational opinion;

(c) religious denominations;

(d) organisations concerned with-

(i) community development;

(ii) business;

(iii) such areas of national affairs as the Minister
considers appropriate.

(3) The Advisory Council may advise the Minister on
any matter connected with education as it thinks fit and upon
any other question referred to it by the Minister.

Powers of the
Advisory

9. (1) In a case where the Advisory Council thinks
Council. it desirable or expedient to do so, it may, with the approval

of the Minister, before advising and reporting to the Minister
on any matter concerning the promotion of education,
appoint one or more of their number to hold, or if they think
it advisable, themselves hold, such public inquiry into the
matter as they may think fit; and when one or more members
of the Advisory Council are appointed to hold an inquiry
they shall make a report to the Advisory Council.

(2) In a case where the Minister thinks it expedient or
proper to do so, he may require the Advisory Council to
hold an inquiry respecting any matter affecting the promo-
tion of education, and where he has so required the Advisory
Council, it may appoint one or more of their number to hold,

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Education (CAP. 145 9

or may if they think it advisable themselves hold, such inquiry
as is required; and when one or more of the Advisory Council
is appointed to hold the inquiry they shall make a report
to the Advisory Council.

ESTABLISHMENT OF SCHOOLS

Public Schools

10. (1) For the purposes of this Act the school system Categories of
Schools. shall be organised in two categories to be known as public

schools and private schools.

(2) Subject to the provisions of this section a public
school is a school maintained at public expense to which the
general public has access without any condition, other than
those required or authorised by this Act and any regulations
made thereunder.

(3) A Government school is a public school wholly
owned by government.

(4) A private school is a school provided and maintained
by some person or authority other than the Government.

1 . (1) The public school system shall be comprised PubEc School
system.

of such schools as may from time to time be found necessary
for the efficient carrying out of the responsibilities of the
Minister, and may include-

(a) infant or nursery schools or departments of
schools providing education suitable for children under
the age of five years;

( b ) primary schools or primary departments of
schools providing education suitable for children of five
to twelve years;

(6 ) secondary or comprehensive schools providing
education suitable for pupils between the ages of twelve
and twenty years;

(6) vocational or technical schools or vocational or
technical departments in schools providing education
suitable for the needs of craftsmen and technicians;

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10 CAP. 145) Education

( e ) teachers7 college for the professional training
of teachers for service in the schools of the country;

(f) special schools for the education and training
of children who are handicapped in such a way as to
require special educational facilities for their best
development;

(+q) any other schools or departments of schools,
for the education of youths and adults along suitable
courses.

(2) Having due regard to the educational requirements
of the pupils residing in any locality and after such consulta-
tion as he considers desirable, the Minister may designate
or redesignate public schools to fulfil the purposes of educa-
tion deemed most expedient from time to time.

Duty to provide
public Schools.

12. The Minister shall cause to be provided such
number of public schools as is in his opinion necessary to
secure a sufficient number of school places for children of
compulsory school age.

Responsibilities
of Chief

13. The Chief Education Officer shall, as respects all
Education public schools, be responsible for the exercise and perform-
Officer. ance of such powers, duties and functions as are prescribed

and in particular-

(a) the supervision, inspection and revision of the
programme of education required by the curriculum;

(b) ensuring that school premises, property and
stock are protected against improper use;

( 6 ) the submission of reports on matters relating
to the discipline of teachers;

(d) the conduct and supervision of courses of
induction and training for untrained teachers as well
as courses for other teachers;

(e) the observance of the provisions of this Act and
any regulations made thereunder pertaining to the con-
duct of schools;

(f) arranging for the approval of such leave to
teachers as may be granted them in accordance with
any regulations made under this Act;

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Education (CAP. 145 1 1

Cg) considering and assessing the confidential
reports of teachers;

(h) furnishing such returns as may be prescribed
or required at any time by the Minister;

(i) dealing with all other matters of organisation,
management and administration as may be referred to
him by the Minister;

co-operating with appropriate authorities in the
exercise of authorised schemes.

14. Subject to the provisions of this Act and any Responsibilities
regulations made thereunder, Headteachers of schools shall Headteacher''

be responsible for the day to day management of their schools
including-

(a) the supervision of the physical safety of pupils;

(b) the suitable application of the syllabus in con-
formity with the needs of the pupils of the school, and
the administration of the school's programme;

(c) allocation and supervision of the duties and
responsibilities of members of their staff;

(4 the discipline of the school;
( e ) teaching;

('j) proper protection of school buildings and other
facilities;

(g) the proper use of school equipment and stock;

(h) the keeping of proper records;

(i) the furnishing of such returns as may be
prescribed or required by the Minister;

@ ensuring the observance of the provisions of this
Act and any regulations made thereunder in their
respective schools.

15. School buildings belonging to, or rented by, u s e of
government

Government may not be used for other purposes or func- buildings.
tions except with the written approval of the Chief Educa-
tion Officer.

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12 CAP. 145) Education

ADMISSION OF PUPILS
Requirements for
admission.

16. (1) No child shall be admitted as a pupil to a
public school which is a nursery school unless he has attain-
ed the age of three years or be retained in such a school
after he has attained the age of five years.

(2) No child shall be admitted as a pupil to a public
school which is a primary school-

( a ) unless he shall have attained the age of five
years, except with the approval of the Chief Education
Officer;

( b ) other than in September or January, the begin-
ning of the school year and the calendar year respect-
ively, except with the approval of the Chief Education
Officer;

( 6 ) unless at the time of such admission he is
accompanied by his parent, guardian or a responsible
adult;

(4 unless he brings with him a birth or baptismal
certificate giving the information required for the register
of pupils;

( e ) until his parent or guardian produces a certifi-
cate issued by a doctor or the Public Health authorities
indicating that the child has been immunised against
tetanus, pertussis, polio and diptheria.

(3) No child shall be admitted as a pupil to a public
school which is a secondary or comprehensive school before
he has reached the age of twelve years except with the
approval of the Chief Education Officer, or be retained in
such a school after the end of the school year in which he
has attained the age of twenty years.

Refusal of 17. Subject to the provisions of this Act, no person
admission. who is eligible for admission to a public school as a pupil

of that institution shall be refused admission thereto except
on the authority of the Minister in each particular case.

Registration of
pupils.

18. Immediately upon the admission to a school of
a new pupil, the name of such pupil, the date of admission,
the name of his parent or guardian, the residence of his parent

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Education (CAP. 145 13

or guardian, the name of the last school, if any, which the
pupil attended, the date of his leaving it as far as it can be
ascertained, the standard or form in which he was at the
date of leaving, shall be entered in the Admission Register.

19. (1) Save with the Chief Education Officer's Transfer of
pupils.

approval, a pupil, who having left one school, seeks admis-
sion to another shall not be admitted except on presentation
of a certificate or a letter of transfer signed by the Headteacher
of the last school which he attended.

(2) A Headteacher shall be required to furnish on
request every pupil who has left his school with the letter
referred to in subsection (1).

(3) Letters of transfer shall be retained by the
Headteacher to whom it is addressed and submitted for
endorsement by the Education Officer at his next visit.

20. No pupil suffering from or exposed to a com- Infectious
diseases.

municable disease shall be admitted or permitted to remain
in any school. The Headteacher shall, immediately on
discovery, report all cases of communicable diseases among
the pupils of his school to the Chief Education Officer.

2 1. (1) A pupil who has been refused admission on Re-admission sf
pupil on the ground that he was suffering from or exposed to a com- production of

municable disease, shall not be readmitted except upon pro-
duction of a Medical Certificate to the effect that such pupil
is free from such disease and is unlikely to be a source of
infection to other persons in the school.

(2) The Medical Certificate required by subsection (1)
shall be delivered free of charge by any Government Medical
Officer issuing the same.

22. The Minister may authorise either the closure of f :zr,"rsehcnt
any school or of any department of a school for a specific for reason,
period to prevent the spread of disease. health.

23. (1) It shall be lawful for the Headteacher of any suspension of
pupils.

public school to suspend from attendance any pupil who on
account of gross misconduct may be considered injurious
or dangerous to members of staff and/or to other pupils or

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14 CAP. 145) Education

whose attendance at school is likely to have an adverse effect
upon the good order and proper discipline of the school, pro-
vided that no such suspension shall exceed two weeks.

(2) Where any pupil is suspended from attendance
under subsection (1)-

(a) the Headteacher of the school shall immediately
notify the parent of the pupil and the Chief Education
Officer of the suspension and the reasons for the same;

(6) the Chief Education Officer may, after the
receipt of notification-

(i) order the extension of the term of suspension
in order to enable proper enquiries to be made;

(ii) order the reinstatement of the pupil, after due
investigation and if the circumstances warrant
this, on a date to be fixed by him;

(iii) order the removal of the pupil to another school
including a special school;

(iv) order the expulsion of the pupil with the
approval of the Minister.

Suspension or
expulsion of

24. Where a child of compulsory school age is
pupils fro,,, suspended or expelled from a private school, the Headteacher
private of that school shall immediately notify the Chief Education

Officer setting out the reason.

Examinations for 25. (1) Until a comprehensive school is set up in an
admission to
public secondary area, the Minister shall cause examinations to be conducted
schools. for the purpose of determining the eligibility of pupils for

admission to public secondary schools.

(2) When a comprehensive school is erected in an area,
the Minister shall discontinue examinations for the purpose
of ascertaining the eligibility of pupils for admission to a
public secondary school. O n reaching the age of twelve years
at 3 1st March or in the same year the pupil shall be transfer-
red from the primary school to the comprehensive school
in the area.

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Education (CAP. 145 15

26. (1) Each child upon being admitted to a second- :;7f,"r:rks
ary or comprehensive school shall be assigned a personal
Record Book or Card.

(2) The Book or Card is the property of the school and
shall be retained by the Headmaster after the pupil has com-
pleted his or her schooling. In the event of a transfer, the
pupil's record book or card shall be sent to his new school.

(3) Notwithstanding that the pupil's record book or card
is made available to his parents or guardian at the end of
every term, a parent may at any reasonable time go to a
school to examine the Record Book or Card of his child.

(4) Every pupil or parent of such pupil shall be entitled
upon application to a copy of such Record Book or Card
upon payment of the prescribed fee.

ATTENDANCE OF PUPILS

27. The total number of sessions in each school in Number of
sessions.

any year shall be not less than three hundred and eighty.

28. Attendance shall not be reckoned for any pupil- Conditions of
attendance.

( a ) until his name has been duly entered in the
Admission Register;

(6) unless he is present at roll-call and remains in
school thereafter for at least two hours instruction except
where he is prevented by illness or other emergency,
or, in the case of a pupil in the Infant Department of
a primary school, such shorter period as the Minister
may approve.

29. The school year shall begin on the 1st September Duration of
school year.

and end on the 31st August, and shall be divided into three
terms the duration of each of which shall be thirteen weeks.

30. (1) Subject to section 29, the vacation periods vacation in
schools.

to be observed in schools are as follows:-

( a ) three weeks at the end of the first term of the
school year;

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16 CAP. 145) Education

( b ) two weeks at the end of the second term of the
school year;

(c) eight weeks at the end of the third term of the
school year.

( 2 ) The Minister may authorise a change in any of the
above mentioned periods for any good reason.

Occasional
holidays.

3 1. ( 1 ) There shall be no sessions of school on Satur-
days, Sundays and public holidays.

( 2 ) Where Headteachers wish for whatever reason to
give a holiday to their school, prior permission must first
be sought from the Chief Education Officer in writing.

( 3 ) Any holiday, which on account of local cir-
cumstances, may be granted by the Headteacher, shall be
reported to the Chief Education Officer as soon as the neces-
sity for closing the school arises.

DISCIPLINE OF PUPILS
Corporal 32, (1 ) In the enforcement of discipline in schools
punishment.

degrading and injurious punishment shall not be
administered.

(2) Corporal punishment may be administered as a last
resort by the Headteacher only or by his deputy, or by a
teacher in his presence, under his direction and on his
responsibility.

( 3 ) Corporal punishment where necessary should be
administered to a girl preferably by a female teacher and
in the presence of the Headteacher. Such punishment shall
not be administered in public.

(4) Whenever corporal punishment is administered, an
entry shall be made in the Punishment Book, with a state-
ment of the nature and extent of the punishment and the
reason for administering it.

(5) Such other forms of punishment as may be approv-
ed by the Chief Education Officer may be administered as
occasion arises.

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Education (CAP. 145 17

RELIGIOUS INSTRUCTION

33. ( 1 ) In every public school the Lord's Prayer shall, Lord's Prayer
and portion of every morning on which the school is in session, be publicly scripture to be

repeated at the opening of the school by the Headmaster read.
or his deputy and a portion of the Holy Scriptures may be
read daily without comment. Any pupil however may be
withdrawn by his parents from such instruction or obser-
vance without forfeiting any of the other benefits of the school.

( 2 ) No child shall be required as a condition of admis-
sion into, or continuing in, a public school-

( a ) to attend or abstain from attending any place
of religious worship; or

( 6 ) to attend any religious observance or any
instruction in religious subjects in the school or elsewhere
from which observance or instruction he may be
withdrawn by his parents; or

(c ) to attend school on any day specially set apart
for religious observance by the religious body to which
the parent belongs.

PRIVATE SCHOOLS

34. The Minister shall cause to be kept in such man- Register of
Private schools.

ner as may be prescribed, a Register of Private Schools refer-
red to in this Act as "the Register".

35. ( 1 ) Subject to the provisions of this Act, no per- private schools to
be registered.

son shall keep or continue to keep a private school unless
the school and the proprietor are registered in the Register.

( 2 ) Any person who acts in contravention of subsec-
tion ( 1 ) of this section shall be guilty of an offence and liable
on summary conviction to a fine not exceeding three hun-
dred dollars and in the case of a second or subsequent offence
to a fine not exceeding seven hundred and fifty dollars.

36. ( 1 ) If in the opinion of the Minister a private cancellation of
registration.

school which is on the Register has ceased to be conducted
in accordance with the requirements of this Act and any
Regulations made thereunder the Minister may where no
bonafide action has been taken to rectify the deficiencies within

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18 CAP. 145) Education

such time as he may allow, cancel the registration of the
school upon giving three months notice thereof to the
proprietor.

(2) A proprietor upon receipt of the notice of cancella-
tion of the registration of this school under this section may,
at any time before the date on which the cancellation takes
effect, appeal in the prescribed manner to a Judge of the
High Court in Chambers against cancellation.

Returns. 37. (1) In the month of September in each year every
proprietor of a private school shall furnish the Minister with
a return in respect of the previous school year containing
the following particulars:-

(a) the number of sessions during which the school
was opened;

(b) the number of pupils on roll at the end of the
school year;

(c) the average attendance for the school year;

(d) the percentage of attendance of the total pos-
sible attendances for the pupils on roll.

(2) Whenever there is any change in the ownership of
the school or its location, or any modification in respect of
any of the prescribed particulars, the proprietor shall forth-
with furnish the Minister with a supplemental return con-
taining the correct particulars.

(3) If a private school remains closed for a longer period
than thirty consecutive days (except for regular holidays) the
proprietor shall furnish the Minister with a supplemental
return giving the reasons for the closing of the school and
the period the school is likely to remain closed, and if sub-
sequently the proprietor desires to reopen such a school a
new return shall be furnished to the Minister before such
a school is reopened. The registration of a private school

. that remains closed for longer than a period of one year shall
be deemed to have been cancelled.

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Education (CAP. 145 19

38. A proprietor of a school who- Offences in
respect of

(a) fails to furnish returns required by this Act or
any Regulations made thereunder and in the manner
so required or,

(b) furnishes a return which he knows or ought
reasonably to have known to be false or misleading;

is guilty of an offence and is liable on summary conviction
to a fine not exceeding three hundred dollars and in case
of a second or subsequent offence to a fine not exceeding
seven hundred and fifty dollars.

39. (1) The Minister or any public officer deputed Minister his
representative

by him to act as his representative may with the consent visit private
of the proprietor (which consent shall not be unreasonable ~ ~ ; ~ i e ~ d m d e
withheld) enter any premises wherein a private school is be-
ing conducted at any reasonable time during school hours,
for the purpose of making enquiries and discharging such
duties as may be imposed on him by this Act or by any
Regulations made thereunder.

(2) Any person who-

(a) wilfully makes any false representation to the
Minister or any such officer; or

(6) wilfully refuses to furnish the Minister or any
such officer with any information which such person
may be required to furnish by this Act or any Regula-
tions made thereunder

is guilty of an offence and liable, on summary conviction,
to a fine of one hundred and fifty dollars.

GRANTS TO PRIVATE SCHOOLS

40. Subject to the provisions of this Act and to any public Assistance funds. from
Regulations made thereunder, any private school may on
application being made by the body by which such school
is maintained receive such aid from public funds as may be
provided by Parliament.

41. (1) There shall be kept in respect of every private Registers to be
school such registers as may be required by the Minister kept.
and such registers shall be produced for inspection when re-
quired by the Minister or his representative.

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20 CAP. 145) Education

(2) A detailed statement of the finances of such school
including fees received, individual salary of teachers, and/or
board members, in respect of the previous year ending the
31st August shall be submitted before the 30th day of
September in each year.

Conditions of
grant to private

42. No grant shall be made to any private school-
schools. (a) in respect of which there has been a failure to

comply with the requirements of this Act or any Regula-
tions made thereunder;

(6) unless the grant to such school shall be required
for educational purposes;

(c) which the Minister considers unnecessary;

(d) which is maintained for the financial benefit
of an individual or any group of individuals.

COMPULSORY EDUCATION
Compulsory
education age.

43. (1) In this Act, the expression "compulsory
school age" means any age between five and sixteen years
and accordingly a person shall be deemed to be of compulsory
school age if he has attained the age of five years and has
not attained the age of sixteen years, and a person shall be
deemed to be over the compulsory school age as soon as he
has attained the age of sixteen years.

(2) Notwithstanding the provisions of subsection (1) the
Minister, if he is satisfied that it has become necessary or
expedient to raise the upper limit of the compulsory school
age, may do so by Order, subject to an affirmative resolu-
tion of Parliament.

(3) A person who employs a child of compulsory school
age during the school hours is guilty of an offence and on
summary conviction liable to a fine not exceeding three
hundred dollars.

(4) If a corporation contravenes subsection (3), in
addition to the corporation, every director and officer of the
corporation who authorises, permits or acquiesces in the con-
travention is guilty of an offence and on summary convic-
tion is liable to the same penalty as the corporation.

LAWS OF ANTIGUA AND BARBUDA

Education (CAP. 145 2 t

COMPULSORY SCHOOL ATTENDANCE
AND INSPECTION

44. Subject to the provisions of section 45 it shall be Duty of parents
to securc the the duty of the parent of every child of compulsory school edu,,ti,, of

age to cause him to receive efficient full-time education their children.
suitable to his age, ability and aptitude by regular attend-
ance at school.

45. A child is excused from attendance at school- When attendance
is excused.

(a) if in the opinion of the Minister, he is receiv-
ing satisfactory instruction at home or elsewhere;

(b) if he is unable to attend school by reason of
illness or other unavoidable cause;

(6) if he is excluded from attendance at school under
any Act or under any Regulations made under this Act;

(6) if he is absent temporarily in accordance with
any Regulations made under this Act.

46. Education Officers shall be appointed for specified g$p;z:rt of
districts prescribed by the Minister. Officers.

47. An Education Officer has jurisdiction and shall I ~ , p p ~ ; ~ b , ' l i t ~ of
be responsible for the enforcement of compulsory school officer.
attendance in respect of all children of compulsory school
age in any district.

48. (1) An Education Officer may at the request of Powers of officers.
the parent apprehend without warrant and deliver to the
school from which he is absent or to his parent, any child
found illegally absent from school.

(2) An Education Officer shall report monthly to the
Chief Education Officer.

(3) An Education Officer shal! perform his duties under
the direction of the Chief Education Officer and shall, sub-
ject to the supervision of the Chief Education Officer, carry
out all instructions and directions.

LAWS OF ANTIGUA AND BARBUDA

CAP. 145) Education

Inquiry by an
officer and
notice.

Enforcement of
compulsory
school
attendance.

Liability of
parent.

Bond for
attendance.

Institution of
proceedings.

(4) An Education Officer shall inquire into every case
of failure to attend school within his knowledge or when
requested to do so by the Chief Education Officer or the
Headteacher of a school, and shall give written warning of
the consequences of such failure to the parent of a child who
is not attending school as required, and shall also give written
notice to the parent to cause the child to attend school
forthwith.

49. Every Headteacher of a public or private school
shall-

( a ) report in accordance with any regulations made
under this Act to the proper Education Officer, the
names, ages and residences of all pupils of compulsory
school age who have not attended school as required.

(6) furnish the Education Officer with such other
information as the officer requires for the enforcement
of compulsory school attendance;

(c ) report to the Education Officer every cause of
suspension and expulsion.

50. (1) A parent of a child of compulsory school age,
who neglects or refuses to cause the child to attend school
is, unless the child is legally excused from attendance, guilty
of an offence and on summary conviction is liable to a fine
not exceeding one hundred and fifty dollars.

( 2 ) The Magistrate may, instead of imposing a fine,
require a person convicted of an offence under subsection
(1) to give a bond in the sum of three hundred dollars, with
one or more sureties to be approved by the Magistrate, on
condition that the person shall, after the expiration of five
days, cause the child to attend school as required.

51. (1) Prosecutions under section 50 may be
instituted by the Education Officer concerned.

( 2 ) In prosecutions under section 50, a statement as to
the attendance or non-attendance at school of any child,
signed or purporting to be signed by the Headteacher of the
school, shall be prima facie evidence of the facts stated therein.

LAWS OF ANTIGUA AND BARBUDA

Education (CAP. 145 23

SCHOOLS FOR FURTHER EDUCATION

52. Every school established as a technical institute f~d~$",s~echnical
or an institute for technical education existing at the com-
mencement of this Act shall be deemed to have been establish-
ed as a technical institute under this Act.

TEACHERS' COLLEGE

53. For the purpose of ensuring the better education k;,"f;:;~nt of
and training of teachers, the Minister may, after such con- ~ ~ ~ i ~ i ~ ~ College.
sultation as he considers desirable, take whatever steps
necessary to maintain and improve standards at the existing
Teachers' Training College.

54. The Minister may, on behalf of the Governrnent Power lo enter
into agreerncnts

enter into agreements with the University of the West wilt, u.w.1.
Indies-

( a ) for the use of such facilities provided by the
University for continuation or extension courses for
teachers;

(b) for associating and co-ordinating thc flrilitics
and programme of any teachers' collegc with those of
the University;

(6) for establishing standards for certilication and
recognition of qualifications of teachers;

(4 for the promotion of Community Development,
Education and Adult Education.

INSPECTION AND REPORTS

55. Public schools shall be open at all times during Inspection.
school hours to inspection by the Minister or any officer
authorised by him. The inspecting officers will judge the
efficiency of the instruction and the proficiency of the pupils
by oral and written tests given on the occasion of their visits.

56. Education Officers shall report on schools as Reportsby Education
required by the Minister. A copy of every inspection report off;,,,,.
and of every general report shall be sent to the Chief Educa-
tion Officer.

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 145) Education

Inspection by
Medical Officers.

57. A School Medical Officer, or his deputy, shall
have the right to enter and inspect the premises of any school
during school hours with or without notice. The medical
examination of pupils, however, shall be arranged beforehand
between the School Medical Officer and the Headteacher
of the school concerned.

Assistance to be
given by

58. The Headteacher of every school shall give such
~ ~ ~ d ~ ~ ~ ~ h ~ ~ . assistance and facility to any officer visiting a school for the

purpose of such inspection or examination, as he may require.

REGISTERS, RECORDS etc.
Records to be 59. In every school the following registers and records
kept.

shall be kept and produced for the inspection of the Minister
or any duly authorised officer of the Ministry of Education-

(a) the Admission Register;

(b) the class attendance register;

(c) the log book;

(6) the teachers' attendance register;
( e ) the inventory and stock book;

Cf) the visitors' book;

(g) a copy of this Act and any Regulations made
thereunder;

(h ) the approved timetable;

(21 such circulars as the Minister may from time
to time direct;

@ the punishment book;

(k) such records as may be prescribed by the
Minister on the recommendation of the School Medical
Officer.

Attendance
registers.

60. The attendance register shall be marked at each
session of a school at the time specified in the approved
timetable, and at no other time. In marking the register there
shall be no blanks left, no erasures made and the instruc-
tions for calling and marking the roll shall be strictly observed.
The Headteacher shall be generally responsible for the

LAWS OF ANTIGUA AND BARBUDA

Education (CAP. 145 25

manner in which the registers are kept and for their accuracy.
All corrections therein shall be made in the manner prescribed
and shall be initialled by him. Each teacher shall be respon-
sible for marking the roll of his class.

61. (1) The Log Book shall be kept by the LosBook.
Headteacher and in it he shall enter from time to time such
factual events without adding any reflections or opinions of
a general character, at the introduction of new books,
apparatus or courses of instruction; all school holidays and
the authority therefor; particulars of school journeys or educa-
tional visits; absence without approval, illness or unpunc-
tuality or neglect of duty on the part of the members of the
staff, and any special circumstances affecting the school that
may, for the sake of reference or for any other reason, deserve
to be recorded.

(2) Any adverse report on a member of the staff record-
ed in the Log Book shall be shown to him and initialled by
him.

(3) No entry once made in the Log Book shall be erased,
removed or altered in any way, except by subsequent entry.

(4) Entries in the Log Book must be treated like official
correspondence and must not be communicated to the public.

SCHOOL BUILDINGS

62. (1) The Minister may from time to time, after Specification of
school.

consultation with the authorities concerned, make such orders
relating to the specifications, plans, sites and equipment of
school buildings as may in his opinion be appropriate to the
requirements of the level of education which it is intended
to provide therein.

(2) No school shall receive aid unless or until the
Minister is satisfied that the specification governing school
buildings in this Act are complied with.

(3) All public school buildings existing at the commence-
ment of this Act or constructed thereafter shall, while in use,
be at all times, maintained in proper sanitary condition and
in good repair, and in all respects fit for the purposes of
a school.

LAWS OF ANTIGUA AND BARBUDA

2 6 CAP. 145) Education

MISCELLANEOUS
Public school to
conform to

63. (1) Every public school shall conform to the
standards standards and comply with such requirements as are
required. prescribed.

Power to make
regulations - (2) The Minister may make regulations for the control
private and management of private schools and in particular in

respect of the following matters-

(a) the size of classrooms and their equipment, the
number of children that may occupy each classroom,
and the necessary toilet facilities to be provided;

( b ) the safety, preservation of health and the
prevention of disease among the pupils;

(c ) the registers and other records to be kept by
the proprietors of private schools and the particulars to
be supplied to the Minister by them;

(d) the suitability of premises;

( e ) the suitability of the curriculum, courses and
methods of instruction;

(f) generally, for more effectively carrying out the
provisions of this Act respecting private schools.

Power to make (3) The Minister may from time to time, make regula-
regulations -
further tions for all or any of the following purposes-
education.

( a ) defining the branches of further education, and
the subjects to be taught in classes in further educa-
tion, and the course and the number of hours of
instruction and providing for examinations therein;

( 6 ) providing for the manner in which applications
for sums payable in respect of classes, scholarships,
studies and grants in aid under the provisions of this
Act relating to further education shall be made;

(c ) providing for the establishment of bursaries in
any subject of instruction under the provisions of this
Act relating to further education and prescribing the
amounts and tenure thereof, and the conditions subject
to which they may be awarded and held;

LAWS OF ANTIGUA AND BARBUDA

Education (CAP. 145 27

(4 such other matters as he deems necessary in
order to give full effect to the intention of the provi-
sions of this Act relating to further education.

( 4 ) The Minister may from time to time make regula- Power to make
regulations -

tions for all or any of the following purposes- Teachers'
Training College.

(a) providing for the control, organisation, manage-
ment and conduct of the Teachers' Training College;

(b) providing for the selection of students and for
their admission to or continuation in and removal from
the Training College;

(6) prescribing the courses and curricula for
students at the Training College;

(4 providing for the certification of teachers com-
pleting courses of training.

(5) For the purpose of administering any regulations
made under paragraph ( b ) of subsection ( 4 ) , the Minister
shall have power to remove and to exercise disciplinary con-
trol over persons admitted to the Teachers' Training College.

64. The Minister may make regulations generally for Power to make regulations.
the purpose of carrying this Act into effect and in particular
for prescribing anything that is by this Act required to be
prescribed.
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