Education Act
MONTSERRAT

CHAPTER 16.01
EDUCATION ACT
Revised Edition showing the law as at 1 January 2008
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws— Page
EDUCATION ACT 3 Act 4 of 2003 .. in force 1 October 2004 (S.R.O. 49/2004)


MONTSERRAT

CHAPTER 16.01
EDUCATION ACT
Revised Edition showing the law as at 1 January 2008
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws— Page
EDUCATION ACT 3 Act 4 of 2003 .. in force 1 October 2004 (S.R.O. 49/2004)
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EDUCATION ACT
ARRANGEMENT OF SECTIONS
PRELIMINARY
SECTION 1. Short title 2. Interpretation
CHAPTER I
ADMINISTRATION OF THE EDUCATION SYSTEM
PART 1
GOALS AND OBJECTIVES
3. Goals and objectives 4. Responsibilities of the Minister 5. Powers of Minister 6. Annual Report 7. Delegation of authority by Minister
PART 2
RESPONSIBILITIES OF THE DIRECTOR OF EDUCATION
8. Duties of Director of Education
PART 3
ESTABLISHMENT AND FUNCTIONS OF THE EDUCATION ADVISORY COMMITTEE
9. Establishment of Education Advisory Committee 10. Functions of Advisory Committee 11. Powers of the Committee to hold public hearing 12. Minister not bound by advice of Committee
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CHAPTER II
RIGHTS AND RESPONSIBILITIES OF STUDENTS AND PARENTS
PART 1
STUDENTS RIGHTS AND RESPONSIBILITIES
13. Right to education 14. Responsibility to students 15. Free tuition 16. Student responsibilities 17. Students accountable to teacher, principal, and Ministry 18. Exercise of rights
PART 2
PARENTS’ RIGHTS AND RESPONSIBILITIES
19. Rights and responsibilities of parents 20. Choice of education 21. Student records and reports 22. Damage to school property 23. Parent Teacher Association 24. School Committees 25. Wishes of parents to be considered in education of students
PART 3
ADMISSION AND ATTENDANCE OF STUDENTS
26. Compulsory school attendance 27. Mode of admission 28. Prohibition of discrimination 29. Age limit for secondary schools 30. Student’s Register 31. Transfer of students 32. Effect of contagious diseases 33. Readmission of a student on production of medical certificate 34. Temporary or permanent closing of schools 35. Zoning of schools
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PART 4
ENFORCEMENT OF COMPULSORY SCHOOL ATTENDANCE
36. Duty of parent to enforce attendance 37. Valid excuses from attendance 38. School attendance counsellors 39. Responsibility of school attendance counsellor 40. Power to enter premises and question children 41. Offences against school attendance counsellors 42. Power to deliver absent student 43. Duties of school attendance counsellor 44. Reports by principals 45. Liability of parent 46. Compulsory school age and offences 47. Legal proceedings
PART 5
DISCIPLINE, SUSPENSION AND EXPULSION OF STUDENTS
48. School rules to govern discipline 49. Corporal punishment 50. Suspension for offences
PART 6
SCHOOL DISCIPLINARY COMMITTEE
51. Schools disciplinary committees
CHAPTER III
ADMINISTRATION OF EDUCATIONAL INSTITUTIONS
PART 1
MANAGEMENT OF PUBLIC PRIMARY SCHOOLS
52. Establishment and maintenance of primary schools 53. Management of public primary schools 54. Boards of Management 55. Members of a Board of Management
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56. Functions of a Board of Management for a primary school 57. Submission of reports, statements and estimates 58. Special or general directions
PART 2
MANAGEMENT OF PUBLIC SECONDARY SCHOOLS
59. Application of Part 60. Management of public secondary schools 61. Establishment of Board of Management 62. Functions of Board of Management for secondary schools 63. Funds and resources of a Board of Management 64. Accounts and audit 65. Annual report, statement of accounts of estimates 66. Minutes of board receivable in evidence
PART 3
MANAGEMENT OF ASSISTED SCHOOLS
67. Management of assisted primary schools 68. Management of assisted secondary schools 69. Denomination or proprietor may add duties 70. Appointment of joint Board of Management
PART 4
MANAGEMENT OF TERTIARY INSTITUTIONS
71. Establishment and management of tertiary institution
CHAPTER IV
CATEGORIES OF SCHOOLS AND THE STAGES OF EDUCATION
PART 1
THE FORMS AND STAGES OF EDUCATION
72. Stages of public education
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PART 2
EARLY CHILDHOOD EDUCTION SERVICES
73. Establishment of early childhood education services 74. Programmes and policies 75. Insurance 76. Council on early childhood education services 77. Regulations
PART 3
HOME EDUCATION
78. Home education 79. Termination of programme
PART 4
SPECIAL EDUCATION
80. Special education 81. Determination of special educational needs 82. Special needs appeals 83. Council on Special Education
CHAPTER V
CATEGORIES OF EDUCATIONAL INSTITUTIONS
84. Organisation of school
PART 1
PUBLIC SCHOOLS
85. Status of public schools
PART 2
PRIVATE EDUCATIONAL INSTITUTIONS
86. Interpretation 87. Body without legal personality
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88. Applicability 89. References and object 90. Permit 91. Presumption 92. Existing private educational institutions 93. Private educational institutions register 94. Application for registration 95. Eligibility for registration 96. Refusal 97. Limitation on instruction 98. Number of students 99. Content of permit 100. Vocational education 101. Duration and renewal of permits 102. Modification 103. Transfer 104. Information 105. Visits to private educational institutions 106. Notice to comply 107. Cancellation of registration 108. Appeal 109. Registration and closure 110. Returns 111. Health and sanitation 112. Disqualifications of teachers 113. Prohibition of discrimination
PART 3
DENOMINATIONAL, ASSISTED AND PRIVATE SCHOOLS
114. Agreement to establish assisted private schools 115. Publication of list of assisted private schools 116. Religious education in assisted private schools 117. Loans to assisted private schools 118. Status of denominational school 119. Regulations for denominational schools
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CHAPTER VI
TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING
120. Establishment of Technical and Vocational Education Council 121. Functions of Council 122. Directions 123. Appointment of committees and functions thereof 124. Additional functions of committee 125. Training schemes 126. System for monitoring 127. Regulations by Governor in Council 128. Annual report 129. National policy 130. Plans for technical and vocational education 131. Regulations by Governor in Council
CHAPTER VII
PROFESSIONAL DUTIES AND RESPONSIBILITIES OF TEACHERS AND PRINCIPALS
132. Qualifications of teachers 133. Rights of teachers 134. Exercise of general profession duties 135. Duties of teachers 136. Duties of Deputy Principal 137. General responsibilities of principals
CHAPTER VIII
CURRICULUM AND ASSESSMENT OF STUDENTS
138. National curriculum 139. Core and foundation subjects 140. Key stages of assessment 141. Determination of attainment targets 142. Subject panels 143. Collective worship and religious education 144. Religious education in public schools.
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CHAPTER IX
ISLAND SCHOLARSHIPS AND GRANTS
145. Montserrat Island scholarships 146. Value of scholarships 147. Qualifications for scholarship 148. Examination for scholarship 149. Entry at proposed institution 150. Forfeiture of scholarship 151. Scholar to sign undertaking 152. Travel grant 153. Award of grants and bursaries
CHAPTER X
INSPECTION AND REVIEW OF THE EDUCATION SYSTEM
PART 1
INSPECTION OF EDUCATIONAL INSTITUTIONS
154. Inspection of educational institution 155. Educational institutions to be opened for inspections and visits 156. Offences
PART 2
REVIEW OF THE EDUCATION SYSTEM
157. Appointment of Education Review Committee 158. Review and report of Education Review Committee
CHAPTER XI
APPEALS
159. Establishment of Education Appeal Tribunal 160. Composition of Tribunal 161. Mediation 162. Procedure of Tribunal 163. Powers of the Tribunal
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164. Matters to be considered 165. Final decision 166. Enforcement of order 167. Copy to the Minister and parties
CHAPTER XII
MISCELLANEOUS
168. Vendors on school premises 169. Prohibition of sale of alcoholic beverages and tobacco 170. Loitering etc. on school premises
CHAPTER XIII
REGULATIONS
171. Regulations FIRST SCHEDULE: Education Advisory Board SECOND SCHEDULE: Constitution, Procedure and Functions of
Boards of Management THIRD SCHEDULE: Procedure of Technical and Vocational
Education and Training Council FOURTH SCHEDULE: Constitution of Committees
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CHAPTER 16.01
EDUCATION ACT
(Act 1 of 2004)
AN ACT TO PROVIDE A REGULATORY SYSTEM FOR THE DELIVERY OF EDUCATION SERVICES IN MONTSERRAT.
Commencement
[1 October 2004]
Short title 1. This Act may be cited as the Education Act.
Interpretation 2. In this Act unless the context otherwise requires—
“Adult education” means— (a) continuing education; and (b) training activities organised on a part-time basis suitable to
the requirements of persons over compulsory school age and designed to enhance knowledge, skills, attitudes or cultural awareness, but does not include tertiary education;
“assisted school” means a school assisted by a grant or any form of assistance made from public funds;
“class”, in relation to a particular student and a particular subject, means the teaching group in which a student is regularly taught that subject or, where there are 2 or more groups, such one of them as may be designed by the principal or head teacher of the school as the case may be;
“compulsory school age” means the ages prescribed by the Minister under section 26(1) during which students are obliged to attend school;
“Denominational school” means an educational institution established, managed and maintained by a religious community;
“Director” means the Director of Education appointed by the Governor; “distance education” means an educational process in which a significant
proportion of the teaching is conducted through one medium or a combination of media by persons removed in space or time from the learners;
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“early childhood education” means education provided in an institution
specially designed for that purpose and suitable to the needs of children of 1 year and over but under 5 years;
“Educational institution” means any school, training centre, or college or such other institution of higher education as may be prescribed;
“Educational programme” means a course of study whether conducted in an educational institution or otherwise that is designed to meet the specified learning needs of an individual or group of persons;
“Head teacher” means the head of a school suited to the requirements of students of primary school age or of nursery school age;
“Minister” means the Minister of Education and Ministry shall be construed accordingly;
“Parent” includes a guardian and every person liable to maintain or having custody of a child;
“Primary education” means full-time education suited to the requirements of students of primary school age;
“Primary student” means a student who at the beginning of the school year has attained the age prescribed by section 26 or will attain the age by which of that year but has not attained the age of 6 years;
“Principal” means the head of a school and shall where the context so requires include a head teacher and deputy principal shall be construed accordingly;
“Private education institutions” means schools other than public schools and assisted private schools and which are owned, managed, and financed by trusts, individuals, bodies or any incorporated or unincorporated bodies and include—
(a) a school; or (b) a class; or (c) an educational institution attended by 12 or more students
continuously for more than 8 hours per week and which is in possession of a permit issued by the Minister;
“Public schools” means schools which are wholly or mainly maintained at the public expense and to which the general public has access without any conditions other than those authorised by or under this Act;
“Secondary education” means full-time education suited to the requirements of students of secondary school age;
“Student” means a person of any age for whom education is provided under this Act;
“Teacher” means a person employed as such in any government or assisted school or in any private school;
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“Teachers College” means an educational institution established for the
purpose of training teachers for service in educational institutions; “Technical College” means a school or other institution that provides for
studies, training or research in technology, science, commerce or art; “Tertiary education” means—
(a) education suitable to the requirements of persons over compulsory school age; and
(b) university education and instruction normally available at institutions for teacher training, vocational training and technical training.

CHAPTER I
ADMINISTRATION OF THE EDUCATION SYSTEM
PART 1
GOALS AND OBJECTIVES
Goals and objectives 3. (1) The Minister shall, subject to available resources, establish and
pursue for the education system general and specific goals and objectives as provided in subsections (2) and (3) below.
(2) The general goals and objectives which the Minister shall establish and pursue are—
(a) the establishment of a varied, relevant and comprehensive educational system that is characterised by excellence;
(b) the promotion of the education of the people of Montserrat by the establishment of educational institutions for the purpose of fostering the spiritual, cultural, moral, intellectual, physical, social and economic development of the community;
(c) the framing of an educational policy designed to give effect to the purposes of this Act;
(d) the effective execution of the educational policy of the Government; and
(e) the establishment of a co-ordinated educational system organised in accordance with this Act.
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(3) Without prejudice to the generality of subsection (1), the specific
goals and objectives which the Minister shall establish and pursue are— (a) to encourage the development of the basic knowledge and
skills in all persons, including— (i) the skills of literacy, listening, speaking, reading, writing,
numeracy, mathematics, analysis, problem solving, information processing, computing;
(ii) critical and creative thinking skills for today’s world; (iii) an understanding of the role of science and technology in
society together with scientific and technological skills; (iv) appreciation and understanding of creative arts; (v) physical development and personal health and fitness;
and (vi) the creative use of leisure time;
(b) to develop self-worth through a positive educational environment;
(c) to promote the importance of the family and community; (d) to provide opportunities to reach maximum potential; (e) to promote the recognition, understanding and respect for the
Constitution, laws and national symbols of the state; (f) to develop an understanding of the principle of gender
equality; (g) to promote understanding of the history, language, culture,
rights, and values of Montserrat and their changing role in contemporary society;
(h) to increase awareness and appreciation of the natural environment of the state;
(i) to promote a Caribbean identity through regional co- operation and integration;
(j) to develop an understanding of the historical an contemporary role of labour and business in society; and
(k) to prepare for participation in the Montserratian and global society.
(4) The Minister shall promote the goals specified in subsection (3) above through appropriate basic education and continuing education strategies.
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Responsibilities of the Minister
4. (1) The Minister shall be responsible for the overall administration of this Act and may do all things necessary or convenient for the purpose of carrying out that responsibility.
(2) Without restricting the generality of subsection (1) the Minister shall be responsible for—
(a) devising a system of education designed as far as possible to ensure that the intellectual and vocational abilities, aptitudes and interests of students find adequate expression and opportunity for development;
(b) establishing public schools and determining their location and classification;
(c) making, subject to this Act, provision for the admission and transfer of students in public schools and assisted private schools;
(d) establishing and maintaining or assisting in the establishment and maintenance of educational institutions or other facilities for tertiary, adult and continuing education and special education, including—
(i) teachers’ colleges for the training of teachers; and (ii) technical colleges and training centers considered
necessary for fulfilling the requirements of technical and vocational education;
(e) taking such other action for ensuring that the requirements of teachers in public educational institutions are satisfied;
(f) conducting, managing and assisting schools in accordance with regulations made under this Act;
(g) rendering, to such students or class of students, subject to such conditions as may be prescribed, such forms of assistance as may be necessary for enabling the students to take full advantage of the educational facilities available;
(h) evaluating the work of public schools and assisted private schools with particular reference to the curriculum to be followed therein, and making provision for the examination and testing of students and the award of certificates;
(i) the referral of children who have been identified by the Director of Education as having learning difficulties to appropriate medical, educational, social services or other agencies where they exist for remedial treatment or assistance;
(j) providing educational opportunities for meeting the demands for higher education and in particular taking such steps as may be necessary for the carrying out of the Government’s
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obligation to the Caribbean Examinations Council, the University of the West Indies or any other institution of higher learning; and
(k) actively encouraging the formation, functioning and development of students councils in all schools and a National Student Council.
Powers of Minister 5. (1) For the purpose of carrying out the responsibilities conferred by
this Act, the Minister shall have power to— (a) require attendance of persons of compulsory school age at
schools established and conducted under this Act; (b) regulate the operation of public schools, assisted private
schools, and private educational institutions; (c) make provision for the professional training of teachers for the
entire system of education, and lay down standards which are applicable to the recruitment of teachers, their training;
(d) designate the grades or classes and special programmes to be offered in public schools and assisted private schools;
(e) prescribe forms and notices as required for the administration of this Act;
(f) constitute committees or other bodies to offer advise from time to time on educational and related matters;
(g) prescribe lists of textbooks and practices in all public schools and assisted private schools so as to ensure conformity with national standards of education provided that in the case of assisted private schools textbooks for religious education shall be determined by the denomination establishing the school;
(h) determine the level of assistance to assisted private schools and regulate such assistance;
(i) establish or disestablish public schools including schools for technical education and inaugurate classes or discontinue classes in those when necessary;
(j) prescribe, in accordance with this Act, curriculum for public schools and assisted private schools; and
(k) provide for any other matter or do all such things as may be expedient from time to time for the carrying out of the Minister’s responsibilities for education and training.
(2) In the exercise of the powers conferred by subsection (1)(c), (g) and (j) above, the Minister shall consult such organisations representing the teaching profession as the Minister considers appropriate.
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Annual report
6. The Minister shall, within 3 months of the end of each school year present to the Legislative Council a report of the state of education in Montserrat within the preceding school year.
Delegation of authority by Minister 7. (1) The Minister may delegate in writing to the Permanent Secretary
and the Director of Education any function, duty or responsibility conferred on the Minister by this Act or any regulation made under this Act, but this does not preclude the Minister from exercising any or all of the functions so delegated where the Minister considers it expedient.
(2) Where by this Act or any enactment made under this Act, the Permanent Secretary and the Director of Education are required, or otherwise permitted to perform any function, they may after consultation, authorise a public officer who is accountable to them to perform the function.
PART 2
RESPONSIBILITIES OF THE DIRECTOR OF EDUCATION
Duties of Director of Education Officer 8. The Director shall—
(a) ensure that schools and other educational institutions are administered in a proper and efficient manner;
(b) develop administrative principles and procedures for implementing general policies and administering the school system;
(c) after prior consultation with the Permanent Secretary, delegate authority to professional staff of the Ministry for administering various aspects of the system of education including the registration and administration of private schools;
(d) recommend the recruitment. appointment transfer and promotion of professional staff;
(e) develop and direct training of all professional personnel; (f) initiate, subject to the provisions of this Act, curriculum
innovation and reform and the establishment of appropriate procedures for evaluating the instructional programme of schools and other educational institutions;
(g) advise the Minister on matters affecting education in the state; (h) ensure that school premises, property and stock are protected
against improper use;
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(i) initiate, organise and conduct courses of induction and
training for untrained teachers; (j) ensure the observance of the provisions of this Act and
regulations made thereunder pertaining to the conduct of schools and other educational institutions; and
(k) perform such other functions under this Act as the Minister may from time to time assign to the Director of Education.
PART 3
ESTABLISHMENT AND FUNCTIONS OF THE EDUCATION ADVISORY COMMITTEE
Establishment of Education Advisory Committee 9. (1) The Governor in Council shall establish a body to be called the
Education Advisory Committee. (2) The Education Advisory Committee shall consist of at least 10
members including— (a) the principal of the Montserrat Community College; (b) 4 members nominated by the Governor in Council from among
persons representing— (i) expert educational opinion; (ii) parents of children attending public schools; (iii) parent teacher associations; and (iv) technical or vocational community;
(c) 2 representative, one from the Secondary School and one from the Primary School/Early Childhood Education;
(d) one representative nominated by the duly recognised organisations representing teachers;
(e) the Resident Tutor, the University of the West Indies School of Continuing Studies;
(f) one representative nominated by the Montserrat Christian Council;
(g) one representative each nominated by the business and professional communities;
(h) Director of Education; and (i) One representative from Youth Council or School Council.
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(3) The representatives nominated by the Governor in Council and the
organisations specified in subsections (2)(b), (c), (d), (f) and (g) above, shall be appointed by the Governor in Council.
(4) The Governor in Council shall appoint a chairperson and a vice- chairperson from among its members.
(5) The appointment of a member of the Education Advisory Committee shall be for a period not exceeding 2 years, but the member shall be eligible for reappointment.
(6) The provisions of the First Schedule shall apply in respect of the Constitution and procedure of the Education Advisory Committee and otherwise in relation thereto.
Functions of Advisory Committee 10. The Education Advisory Committee shall advise the Minister on
matters connected with education.
Powers of the Committee to hold public hearing 11. (1) Prior to advising the Minister on any matter concerning the
promotion of education, the Education Advisory Committee may, where it thinks advisable and with the approval of the Minister—
(a) hold a public hearing into the matter; (b) appoint one or more members to hold a public hearing into the
matter; or (c) solicit written memoranda from the public on the matter.
(2) The Minister may require the Education Advisory Committee to hold a public hearing respecting any matter affecting the promotion of education and when so required, the Education Advisory Committee may adopt the procedure outlined in subsection (1) which it considers most appropriate.
Minister not bound by advice of Committee 12. (1) The Minister is not bound to accept the advice of the Education
Advisory Committee, and where the Minister considers it advisable the Minister may refer a matter back to the Education Advisory Committee for reconsideration.
(2) Where after reconsideration, pursuant to subsection (1) the Education Advisory Committee adheres to the advice it had previously given, the Minister may reject the advice or adopt it either wholly or with such modification, additions or adaptation as the Minister thinks fit.
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CHAPTER II
RIGHTS AND RESPONSIBILITIES OF STUDENTS AND PARENTS
PART 1
STUDENTS RIGHTS AND RESPONSIBILITIES
Right to education 13. Subject to available resources, all persons are entitled to receive an
educational programme appropriate to their needs in accordance with the provisions of this Act.
Responsibility to students 14. (1) The Director shall provide for every compulsory school-age person
who resides in the state an educational programme consistent with the requirements of this Act and regulations made thereunder.
(2) For the purposes of providing the educational programme to the student, the Director of Education shall—
(a) enroll the student in an educational programme offered by the Ministry of Education; or
(b) direct the student to attend an educational programme offered by another educational institution where it is reasonable to do so.
(3) Except in the case of a student who is transferred under section 51(8)(d), where a student is directed to attend an educational programme pursuant to paragraph (2)(b) above, the Government shall be responsible for such fees and costs, if any, consequent to the student’s attendance at the educational programme.
Free tuition 15. (1) No tuition fees consequent to the student’s attendance in an
educational programme in Montserrat at a public school under section 26 shall be charged to the student or the parents of the student.
(2) Notwithstanding subsection (1) other charges may be imposed at a public school or assisted private school with the approval of the Minister.
Student responsibilities 16. Every student enrolled in a public school or assisted private school has
the following responsibilities— (a) to observe the code of conduct and other rules and policies of
the Ministry and of the school;
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(b) to attend classes regularly and punctually; (c) to participate in the educational programmes in which the
student is enrolled; (d) to be diligent in pursuing the prescribed curriculum; and (e) observe standards approved by the Director or the principal or
head teacher as the case may be, with regard to— (i) cleanliness and tidiness of the person; (ii) general deportment; (iii) attire; (iv) courtesy; and (v) respect for the rights of other persons.
Students accountable to teacher, principal and Ministry 17. (1) Every student shall be accountable—
(a) to the teacher for his or her conduct on the school premises during school hours and during such hours as the teacher is in charge of the student in class or while engaged in authorised school activities conducted during out-of-school hours; and
(b) to the principal for his or her general deportment at any time that he or she is under the supervision of the school and members of the teaching staff, including the time spent in travelling between the school and his or her other place of residence.
(2) Every student shall be under the general direction and control of— (a) the driver of a school bus, if the driver is an employee of the
Ministry of Education; and (b) any person under whose supervision students are placed on the
authority of the Director of Education, in respect of the student’s general behaviour and deportment on a school bus, or while under supervision as the case may be.
Exercise of rights 18. (1) Every student has a right to be treated with respect and dignity and
in a fair and reasonable manner. (2) A student may express any religious, political, moral, or other
belief or opinion so long as the expression does not adversely affect the rights or education of other students, or the rights of other persons in the school.
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PART 2
PARENTS’ RIGHTS AND RESPONSIBILITIES
Rights and responsibilities of parents 19. (1) Subject to section 21, parents of students attending public schools
and assisted private schools are entitled— (a) to be informed of the progress, behaviour and attendance of
their children; (b) upon reasonable notice to the principal and teacher, to observe
the instruction of their children if the parental visitation does not impede the instruction of other children;
(c) to appeal decisions that significantly affect the education, health or safety of their children; and
(d) to be consulted in the development of any special education programmes prepared for their children.
(2) A parent of a student attending a school may, and at the request of a teacher or principal shall, consult with the teacher or principal with respect to the student’s educational programme.
(3) Every parent shall inform the principal in writing of any medical or other condition peculiar to their child—
(a) on admission of the child; or (b) as soon as the parent becomes aware of such medical or other
condition. (4) The information provided under subsection (3) above shall
constitute part of the student’s record pursuant to section 21 of this Act.
Choice of Education 20. Subject to the provisions of this Act, parents may choose home
schooling in accordance with section 81 of this Act, private schooling or public schooling for their children.
Student records and reports 21. (1) Every principal shall establish and maintain a student record for
each student enrolled in the school managed by the principal in accordance with the guidelines established by the Director.
(2) Every school shall provide to the parents/guardian of a student periodic reports on the students’ academic performance and conduct.
(3) The report referred to in subsections above shall be in such form and contain such information as the Director may determine.
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(4) The following persons may examine a student’s record or on
paying the prescribed fee request a certified copy of a student’s record— (a) the parents of a student; (b) a student who is 18 years of age or older.
(6) Subject to subsection (2), a student’s record is only for the information and use of school and departmental officials as required for the performance of their functions and is not available to any other person or institution without the written permission of the parent or, where the student is 18 years of age or older, the student.
(7) Persons who contribute information to a student’s record are exempt from any liability with respect to the provision of that information if those persons, in providing the information, acted—
(a) in good faith; (b) within the scope of their duties and responsibilities; and (c) with reasonable care.
(8) If, on examining a students record, a person authorised under this section is of the opinion that the student’s record contains inaccurate or incomplete information, that person may request the principal to rectify the record.
(9) Where the principal refuses to rectify the record when so requested under subsection (8) above, the person who has requested the rectification may, within 14 days of the refusal, refer the matter to the Director who shall review the request and provide directions in writing to the principal stating his reasons therefore. A copy of his directions shall be given to the person who referred the matter to the Director.
(10) Where the person who referred a matter to the Director under subsection (9) above, is dissatisfied with its disposition by the Director, that person may appeal the matter to the Education Appeal Tribunal established pursuant to this Act within 14 days of the receipt by him of the reasons for the decision of the Director.
(11) Any person who discloses information from a student’s record in contravention of subsection (6) above, commits an offence and is liable on summary conviction to a fine not exceeding $1,000.
Damage to school property 22. (1) Every student in a public school and assisted private school shall
take good care of any public property placed at the student’s disposal and where such property is to be returned, the property shall be returned in good condition at the end of the school activities on a day and time determined by the principal.
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(2) If a student fails to comply with subsection (1), the Director may
claim the value of the property from the parents of the student if a minor or from the student if the student is 18 years and over.
(3) If the property of a public school or assisted private school is destroyed, damaged, lost, or converted by the intentional or negligent act—
(a) of a student who is a minor, the student and the student’s parents are liable in respect of the act of the student; or
(b) of 2 or more students who are minors acting together, the students and their parents are jointly and severally liable in respect of the act of the students.
(4) If the property of a public school or assisted private school is destroyed, damaged, lost or converted by the intentional or negligent act of one or more students who are 18 years or older—
(a) the single student shall be liable in respect of his or her sole act; and
(b) the students who acted together shall be jointly and severally liable in respect of their act.
Parent Teacher Association 23. (1) Parents and teachers may, in accordance with regulations made
under this Act form associations, to be known as Parent Teacher Associations. (2) The Minister shall encourage and assist in the formation of—
(a) Parent Teacher Associations; and (b) a National Council of Parent Teacher Associations.
(3) Parent Teacher Associations may be established in public and private assisted schools.
(4) The objects of Parent Teacher Associations shall include the promotion of the interests of the school by bringing parents, members of the community, students and teachers into close co-operation.
(5) Parent Teacher Associations may, subject to this Act and regulations made under this Act, make rules for the regulation and control of their business.
(6) On the formation of a Parent Teacher Association, the names of the members of the executive shall be forwarded to the Director and subsequently after every election of a new executive.
School Committees 24. (1) Subject to subsection (2) below, where a Parent Teachers
Association does not exist, the principal, in consultation with his or her staff, may establish a school committee comprising such number of parents, teachers and members of the community as the principal determines.
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(2) No school committee shall come into existence without written
approval of the Director. (3) A school committee shall be an advisory committee to the school
for which it is established. (4) A school committee shall—
(a) advise the school administration where requested by the principal on any matter relating to the school;
(b) perform any duty or function referred to it by the Director; and (c) actively pursue the formation of a Parent Teacher Association.
(5) On the formation of a Parent Teacher Association, the principal shall dissolve the school committee forthwith.
Wishes of parents to be considered in education of students 25. The Minister shall, in the exercise of the functions conferred under this
Act have regard to the general principle, that, so far as is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure, the wishes of parents formally conveyed to the Minister are to be considered in the education of students.
PART 3
ADMISSION AND ATTENDANCE OF STUDENTS
Compulsory school attendance 26. (1) Every child shall attend school from the beginning of the school
year following that in which the child attains the age prescribed in an order made by the Governor in Council and continue to do so until the last day of the school year in which the child attains 16 years of age or at the end of which the child obtains a certificate or diploma awarded by the Minister, whichever occurs first.
(2) Notwithstanding subsection (1), if the Minister is satisfied that it has become necessary or expedient to raise or lower the compulsory school age, the Governor in Council may, by order, subject to affirmative resolution of the Legislative Council within 60 days of the making of the order, direct that subsection (1) shall have effect as if for references therein there were substituted a reference to any age prescribed in the order.
Mode of admission 27. (1) No child shall be admitted to a primary school unless at the time of
such admission—
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(a) the child is accompanied by a parent or a responsible person
over the age of 18 years who has been authorised by a parent to represent him;
(b) the person accompanying the child brings a birth certificate giving the information required for the Student’s Register;
(c) the child shall have attained the age prescribed under section 26 or will attain that age by March 31st of that same school year; and
(d) a certificate issued by a registered medical practitioner or the Public Health authorities is produced indicating that the child has been immunised as may be prescribed by regulations made under this Act.
Prohibition of discrimination 28. Subject to the provisions of this Act, no person who is eligible for
admission to a public educational institution or an assisted private school as a student shall be refused admission on any discriminatory grounds including race, place or origin, political opinions, colour, creed, sex, or subject to the provisions of this Act, mental or physical handicap.
Age limit for secondary schools 29. (1) Subject to subsections (2) and (3) below, no child without the
written permission of the Director shall be admitted as a student to a public secondary school or assisted private secondary school before the child has reached the age of 11.
(2) A child below the prescribed age may be admitted to a secondary school on the written approval of the Director on the grounds of exceptional ability and consistently high academic performance as evidenced by—
(a) outstanding performance in termly and annual class examinations;
(b) the child’s assessment results at the key stages as provided for in section 140; and
(c) the written recommendations of teachers who have taught the child.
(3) A child below the age of 11, who prior to the child’s residence in Montserrat attended or gained admission to a secondary school or the equivalent of a secondary school may on the written approval of the Director be admitted to a public secondary school or an assisted private school.
(4) No student shall without the written permission of the Director be retained in a public secondary school or an assisted private secondary school after the end of the school year in which he shall have reached the age of 19 years.
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Student’s Register
30. (1) The principal of every school shall maintain a register of students which shall be known as the Student’s Register.
(2) The Student’s Register must include— (a) upon admission of a student to a school—
(i) the name, address, telephone number and date of birth of such student;
(ii) the date of admission; (iii) the name and residence of the student’s parent; (iv) the name of the last school, if any, which the student
attended; (v) where appropriate, the date the student left the school from
which he transferred as far as it can be ascertained; (vi) the grade, or form of the student at the date of leaving the
school from which he was transferred; (vii) the grade or form to which the student is admitted; and
(b) upon the departure of a student from a school— (i) the date of the student’s departure; (ii) the grade or form of the student on the date of departure;
and (iii) where appropriate, the school or other location to which
the student is being transferred. (3) Notwithstanding subsection (2) above, the Students Register shall
include such other information as may be prescribed by the Director from time to time.
Transfer of students 31. (1) Subject to the approval of the Director, a student who seeks
admission from one school to another shall not be admitted to that other school—
(a) except on presentation of a letter of transfer signed by the current principal; and
(b) after consultation between the current principal and the receiving principal concerning the availability of a school place in the receiving school.
(2) A principal shall furnish on request, to any student seeking a transfer, a letter of transfer referred to in subsection (1) above.
(3) Letters of transfer shall be retained by the principal of the admitting school and a copy thereof shall be submitted by the principal, to the Director.
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(4) In the event that a dispute arises between 2 or more principals
when a student seeks to transfer from one school to another, the Director shall make a final determination.
Effect of contagious diseases 32. (1) Subject to section 33, no student suffering from or exposed to a
contagious disease shall be admitted to or permitted to remain in any school. (2) Where the principal discovers or has reason to suspect the presence
of a contagious disease he shall immediately report the same to the parents of the students concerned and the Director of Education and the Chief Medical Officer.
Readmission of student on production of medical certificate 33. (1) A student who has been refused admission to a school on the
ground that the he or she is suffering from or exposed to a contagious disease shall not be re-admitted except upon production of a medical certificate from a medical practitioner registered under the Medical Act to the effect that such student 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) above shall be issued free of charge by any Government medical officer issuing the same.
Temporary or permanent closing of schools 34. (1) Where—
(a) as a result of the total or partial destruction by hurricane, earthquake, fire, volcanic activity, flood or other natural disaster of all or any of the buildings used in connection with any public school or assisted private school; or
(b) as a result of the outbreak of any infectious or contagious disease; or
(c) for any other reason, attendance at any public school or assisted private school has fallen to such extent that, in the opinion of the Minister justifies the temporary or permanent closing of the institution, the Minister may, notwithstanding anything contained in this or any other enactment, direct that the school be temporarily or permanently closed, as the case may be, and the school shall, with effect from the date of the direction, be closed.
(2) Where a school is permanently closed, the Minister shall provide alternative accommodation to the students affected by the closure.
(3) The powers conferred on the Minister by this section are in addition to any powers conferred upon the Minister in any other enactment.
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(4) Without affecting subsection (1) above, the Minister may delegate
to the Director the power conferred on the Minister by that subsection to temporarily close a school referred to in subsection (1) above.
(5) Notwithstanding subsections (1) and (3) above, the principal of a school may, in an emergency and where it is impractical to obtain the prior approval of the Minister or Director, close a school temporarily and inform the Minister or Director as soon as practicable thereafter.
Zoning of schools 35. (1) The Minister may by regulations introduce a scheme of zoning for
the admission and transfer of students to public schools and assisted private schools, whether primary or secondary.
(2) The scheme of zoning shall link the place of residence of the student and the location of the school of attendance.
(3) Residency of a student shall be determined by the residency of the student’s parents.
PART 4
ENFORCEMENT OF COMPULSORY SCHOOL ATTENDANCE
Duty of parent to enforce attendance 36. Subject to section 37, it shall be the duty of the parent of every child of
compulsory school age to cause the child to receive an education by regular attendance at a school.
Valid excuses from attendance 37. A student shall be excused from school attendance if—
(a) in the opinion of the Minister, the student is receiving satisfactory instruction at home or elsewhere;
(b) the student is excluded from attendance at school under any provision of this Act or the regulations made thereunder;
(c) the student is unable to attend school because of sickness, danger of infection, infirmity, sudden or serious illness of a parent or other related cause;
(d) the student is suffering from a physical or mental disability that, in the opinion of a registered medical practitioner, makes the student incapable of being educated by ordinary methods or instruction;
(e) the student is granted permission by the principal of the school to be temporarily absent from school for good and sufficient reason;
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(f) the student is a participant in observances, celebrations, or
activities recognized by a religious denomination; (g) during the period of suspension if the student has been
suspended by a school in accordance with the provisions of this Act;
(h) the student is enrolled and in regular attendance at a home education programme in accordance with this Act; or
(i) the student is engaged in work experience or other educational programmes authorised or approved by the principal.
School attendance counsellors 38. The Governor in Council may, by order, designate school attendance
counsellors to assist in the enforcement of the compulsory attendance provisions of this Act.
Responsibility of school attendance counsellor 39. A school attendance counsellor shall be responsible for the
enforcement of compulsory attendance at school of all children of compulsory school age.
Power to enter premises and question children 40. For the purposes of section 39 a school attendance counsellor, who has
reasonable cause to believe that a person is in contravention of this Act and upon presentation of his credentials, may at any time—
(a) enter premises and make such inquiries as are necessary to determine whether section 39 is being complied with or whether anyone is in contravention of section 42 in relation to a child of compulsory school age whom the school attendance counsellor has reasonable cause to believe to be frequenting, visiting, residing or employed on the premises;
(b) stop and question any child who appears to be of compulsory school age but is not at school concerning—
(i) his age; (ii) his name and address; (iii) the school at which he is registered; (iv) the reason for his absence from school; and (v) any other matter relevant to the inquiries referred to in
paragraph (a) above.
Offences against school attendance counsellors 41. (1) A person is guilty of an offence if he or she—
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(a) assaults, obstructs, or uses insulting, abusive indecent language
to— (i) a school attendance counsellor in the execution of his
duties; or (ii) any other person executing a duty imposed on that person
by this Act, in relation to the attendance of any child at school;
(b) being a parent, fails, without reasonable cause, having been requested by a school attendance counsellor to give any information concerning—
(i) the name, age, residence, parent, enrollment of the attendance of any child at school;
(ii) any other matter, relevant to the attendance of any child at school; or
(c) gives to any school attendance counsellor, knowing it to be false or misleading, any information concerning any matter mentioned in paragraph (b) above.
(2) Subsection (1) above applies, notwithstanding that the child in relation to whom the offence is committed is not of compulsory school age.
(3) A person who is convicted of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding $1,500 or 6 months imprisonment or both.
Power to deliver absent student 42. A school attendance counsellor may, at the request of the parent,
apprehend and deliver to the school from which he is absent or to his parent, any student found absent from school without having been excused under section 37.
Duties of school attendance counsellor 43. A school attendance counsellor shall—
(a) report monthly to the Director; (b) perform his duties under the direction and supervision of the
Director; (c) inquire into every suspected case of unlawful failure to attend
school within his knowledge or when requested so to do by the Director or the principal of a school;
(d) give— (i) written warning of the consequences of failure to attend
school to the parent of the child who is not attending school; and
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(ii) written notice to the parent to cause the child to attend
school forthwith.
Reports by principals 44. Every principal of a school shall—
(a) report in accordance with such regulations as may be prescribed to the school attendance counsellor, the names, ages and residences of all pupils of compulsory age who have not attended school as required;
(b) furnish the Director with such other information as the Director requires for the enforcement of compulsory education; and
(c) report in accordance with section 50 to the Director every case of suspension and expulsion.
Liability of parent 45. (1) A parent of a child of compulsory school age, who neglects or
refuses to cause the child to attend school, unless the child has been excused under section 37, commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or a lesser alternative punishment available under the general law.
(2) The court may, instead of imposing a fine, require a person convicted of an offence under subsection (1) above to enter into a bond not exceeding $1,000, with one or more sureties to be approved by the court, on condition that the person shall, after the expiration of 5 days, cause the child to attend school as required.
Compulsory school age and offences 46. (1) Subject to subsection (2) below, a person who employs a child of
compulsory school age during the school year commits an offence and is liable on summary conviction to a fine not exceeding $2,000.
(2) If a body corporate contravenes subsection (1) above, in addition to the said body corporate, every director and officer of the body corporate, who authorises, permits or acquiesces in such contravention commits an offence and is liable on summary conviction to the same penalty as the corporation.
(3) Notwithstanding subsection (1) above, a person or body corporate may employ a student over 14 years of age—
(a) during the vacation periods of the school year as specified by the Minister; or
(b) if the employment of the student is part of the school programme to prepare students for further employment.
(4) Except with the permission of the principal under supervision of a teacher deputed by the principal for the purpose, no student of compulsory school age shall be admitted, on payment or otherwise, to any cinema show or
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other form of entertainment on any day and at any times which attendance at school, is by this Act or regulations made hereunder, required.
(5) No student of compulsory school age shall be allowed to loiter on the licensed premises of any person or body corporate who carries on any business in connection with the sale, storage or conveyance of intoxicating liquor within the meaning of the relevant provision of the Liquor Licence Act.
(6) Any person who contravenes any of the provisions of subsections (4) and (5) above, commits an offence and shall be liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for 6 months, or to both.
Legal proceedings 47. (1) Prosecutions under sections 45 and 46 may be instituted by the
Director. (2) In prosecutions under sections 45 and 46 a statement as to the
attendance or non-attendance at school of any child, signed or purporting to be signed by the principal of the school, shall be prima facie evidence of the facts stated therein.
(3) In any prosecution under this section, a birth or baptismal certificate is evidence of the age of the person named in the certificate or copy.
(4) In the absence of a certificate, the court may receive and act upon any other document or information relating to age that is considers reliable.
(5) In any prosecution under sections 45 and 46, the court may draw inferences as to the age of a person from the person’s demeanor or from statements made by the person in direct examination or cross-examination.
PART 5
DISCIPLINE, SUSPENSION AND EXPULSION OF STUDENTS
School rules to govern discipline 48. (1) A public school and an assisted private school may, after
consultation with its Board of Management, provided that such a Board exists, introduce rules to govern the attire, conduct and discipline of students.
(2) Rules established pursuant to subsection (1) above shall— (a) not come into effect unless approved in writing by the
Director; and (b) be circulated to the parents of the students of the school.
(3) The rules that affect students shall be posted in conspicuous places within the school and shall be reviewed with the students of the school at the commencement of each school year.
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(4) The rules established pursuant to this section shall be applied
without discrimination to all students and shall be consistent with this Act and the regulations.
(5) Discipline of students shall be administered in accordance with this Act and the rules and procedures established by the Board of Management, or the Director.
Corporal punishment 49. (1) In the enforcement of discipline in public schools, assisted private
schools and private educational institutions degrading or injurious punishment shall not be administered.
(2) Corporal punishment may be administered where no other punishment is considered suitable or effective, and only by the principal, deputy principal or any teacher appointed by the principal for that purpose, in a manner which is in conformity with the guidelines issued in writing by the Director.
(3) Whenever corporal punishment is administered an entry shall be made in a punishment book which shall be kept in each school for such purpose indicating the nature and extent of the punishment and the reasons for administering it.
(4) A person other than those mentioned in subsection (2) who administers corporal punishment to a student on school premises commits an offence and shall be liable on summary conviction to a fine not exceeding $1,000.
Suspension for offences 50. (1) The principal of any public school or assisted private school may
suspend a student for a period of more than 2 days but not exceeding ten school days for—
(a) gross misconduct which may be considered a risk or danger to members of staff or other students;
(b) persistent breach of school rules; (c) a refusal by the student to be inspected, examined, immunised
or treated by a duly qualified medical practitioner or nurse acting in accordance with any scheme or school health programme in operation in Montserrat: Provided the consent of the parent is obtained;
(d) destroying or damaging without lawful excuse the property of the school;
(e) assaulting the principal, a member of staff or other employee of the school, a student or any other person lawfully present in the school;
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(f) possession of any article or substance made or adapted for use
for causing injury or intended by the student for such use by him or by some other person; and
(g) possession of alcohol or illegal drugs and substances. (2) (a) A student who is suspended under subsection (1)(c) shall only
be re-admitted on the production of a medical certificate signed by a duly qualified medical practitioner or nurse;
(b) For the purposes of subsections (1)(c) and (2)(a), “duly qualified” in respect of a medical practitioner or nurse, means registered under the provision of the Medical Act.
(3) When a principal suspends a student the principal shall report in writing to the student’s parents and the Director of Education the reason or reasons for the suspension subject to section 51.
PART 6
SCHOOL DISCIPLINARY COMMITTEE
Schools disciplinary committees 51. (1) There shall be established a Schools Disciplinary Committee for
the Montserrat Secondary School system and another disciplinary committee for the Montserrat Primary School system to which matters relating to the maintenance and enforcement of discipline within the school system may be referred by the Director.
(2) The School Disciplinary Committee for the Montserrat Secondary School system shall consist of one representative each from the medical profession, the legal profession, the Montserrat Christian Council, a parent, the Guidance Counsellor, the Principal Community Development Officer, the Director of Education and the Principal of the Secondary School concerned. If the Principal of the Secondary School is unavoidably absent, he may be represented by the Vice Principal. Where necessary, the Director will be similarly represented by his nominee from the Ministry of Education.
(3) The representative of the Montserrat Christian Council shall chair meetings of the Committee but in his absence, the members shall elect a Chairman from among the members present.
(4) The Schools Disciplinary Committee for the Primary School system shall consist of the Head of the school concerned, a representative of the Parent Teachers Association of the school, the Public Health Nurse resident in or assigned to the area, a Pastor representing the Montserrat Christian Council, a Community Development Officer of the Ministry of Education, Health and Community Services and the Director or his nominee from the Ministry of Education.
(5) The representative of the Parent Teachers Association shall chair the meeting of the Primary Schools Disciplinary Committee and in his
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absence the members shall elect a Chairman from among the members present.
(6) Decisions of the Committee shall be by a majority of the total membership of the Committee and shall be reported to the Director within 7 days of the making of the decision.
(7) The Director shall, upon the receipt of notification under subsection 50(3) refer the matter to the School Disciplinary Committee.
(8) The Schools Disciplinary Committee may, after due consideration, order that—
(a) the student be placed on a suspension that exceeds ten school days and that ends at the end of the term or semester or school year, whichever occurs first;
(b) the term of suspension be extended for a specified number of days to enable proper enquiries to be made;
(c) the student be reinstated after due investigation and, if the circumstances warrant this, on a date to be fixed by the School Disciplinary Committee;
(d) the student be transferred to another school including a special school; or
(e) the student be expelled. (9) The parents of a suspended student who is a minor or the
representative of a suspended student who is 18 years of age or over may make representations to the School Disciplinary Committee with respect to any suspension by the principal or head-teacher within 7 days of the suspension.
(10) The Schools Disciplinary Committee shall give its decision in writing within ten days of the representations being made to them and the student shall remain suspended during that period.
(11) A student or a parent of a student may appeal within 14 days of the receipt of the decision of the School Disciplinary Committee to the Education Appeal Tribunal established pursuant to this Act.
(12) The Schools Disciplinary Committee shall inform the student and the parents of the student of the right of appeal under subsection (11) above at the time of notifying them of his decision under subsection (3) above.

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CHAPTER III
ADMINISTRATION OF EDUCATIONAL INSTITUTIONS
PART 1
MANAGEMENT OF PUBLIC PRIMARY SCHOOLS
Establishment and maintenance of primary schools 52. Primary schools which are public schools may be established and
maintained in accordance with this Act and regulations made under this Act.
Management of public primary schools 53. All primary schools which are public schools shall be under control
of the Minister.
Boards of management 54. (1) The Minister may by notice, if he deems it necessary, appoint a
Board of Management for any primary school which is a public school where it appears to him to be desirable to do so in the interest of economy, efficiency, and for the participation of the community in the management of education.
(2) Notwithstanding subsection (1) above, the Minister may appoint one Board of Management to administer more than one primary school if he is satisfied that the general interest of education in the area in which these institutions are situated will be best served by a single Board.
Members of a Board of Management 55. (1) A Board of Management appointed under section 54 shall include
the following members— (a) the principal who shall be ex-officio member; (b) one member who shall be a representative nominated by the
Parent Teacher Association of the school, provided that if no such association exists the Minister may appoint a parent after consultation with the principal;
(c) one member who shall be a representative nominated by the staff at an authorised staff meeting;
(d) not less than 4 members appointed by the Minister acting in his discretion from among persons representing—
(i) expert educational opinion;
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(ii) religious denominations; (iii) organisations concerned with business; (iv) organisations concerned with community development;
and (v) such other areas of national interest as the Minister
considers appropriate. (2) The persons named in paragraphs (b), (c) and (d) of subsection (1)
above, shall be appointed by the Minister by instrument in writing. (3) The provisions of the Second Schedule shall apply in respect of the
procedure and functions of the Board of Management established under subsection (1) and otherwise in relation thereto.
Functions of a Board of Management for a primary school 56. (1) Subject to subsection (2) below, a Board of Management appointed
under section 57 shall— (a) control and manage—
(i) the expenditure of any grants for the repair and maintenance of the school;
(ii) the rebuilding or extension of the school; (iii) other matters relating to the organisation of the school as
may be referred to it by the Minister; (b) be responsible for the efficient maintenance of the school under
its control and management and for the keeping of the buildings in good state of repair and sanitation;
(c) review, modify if necessary, and approve the school plan prepared by the school administration for each school operated by it;
(d) establish policies for the administration, management and operation of the school including a student attendance policy;
(e) prepare reports, information, and perform any duties as may be required under this Act, its regulations and guidelines, or by the Minister;
(f) arrange for the examination and investigation of— (i) student progress; (ii) order among and discipline of students; (iii) the system of instruction; (iv) mode of keeping school records; and (v) conditions of buildings and premises;
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(g) in consultation with the Director and the principal and staff,
establish a procedure for resolving disputes between schools, parents and teachers; and
(h) generally exercise any other function conferred on it by this Act or by regulations made under this Act.
(2) In the performance of its functions under subsections (1)(a), (b), (c) and (d) above, the Board of Management shall consult the Director.
Submission of reports, statements and estimates 57. Every Board of Management shall, after consultation with the
principal, submit to the Director— (a) within one month after the end of the school year a statement
containing information on— (i) the discipline of students; (ii) the attainment levels of the students; (iii) the application of the curriculum; (iv) the condition of the school and the maintenance of its
property; (v) student attendance; and (vi) generally, any matter which directly or indirectly affects
the school and its development; (b) not later than July 31st in each year, or such later date as the
Minister approves in writing, a statement detailing the expenditure of any grant made to the Board of Management; and
(c) on, or before July 31st in each year, its estimate of expenditure for the school under its control in respect of the next financial year for the approval of the Minister.
Special or general directions 58. Subject to this Act and regulations made thereunder, a Board of
Management shall act in accordance with any special or general directions of the Minister concerning the exercise and performance of its functions under this Act.
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PART 2
MANAGEMENT OF PUBLIC SECONDARY SCHOOLS
Application of Part 59. This Part shall apply to any public secondary school established
under this Act.
Management of public secondary schools 60. Subject to this Act public secondary schools shall be under the
management and control of the Minister.
Establishment of Board of Management 61. (1) The Minister may by notice, if he deems it necessary, appoint a
Board of Management for each public secondary school established under this Act where it appears to him to be desirable to do so in the interest of economy, efficiency, and for the participation of the community in the management of education.
(2) Notwithstanding subsection (1) above, the Minister may appoint one Board of Management to administer more than one secondary school if the Minister is satisfied that the general interest of education in the area in which these schools are situated will be best served by a single Board.
(3) A Board of Management appointed under subsection (1) above shall include the following members—
(a) the principal who shall be an ex-officio member; (b) one member who shall be a representative nominated by the
Parent Teacher Association of the school provided that if no such association exists, the Minister may appoint a parent after consultation with the principal;
(c) one member who shall be a representative nominated by the staff at an authorised staff meeting;
(d) not less than 5 members appointed by the Minister acting in his discretion from among persons representing—
(i) expert educational opinion; (ii) religious denominations; (iii) organisations concerned with business; (iv) organisations concerned with community development;
and (v) such other areas of national interest as the Minister
considers appropriate.
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(e) a member of the student council if one exists may be invited to
any meeting of the Board whenever the Board considers it necessary, providing however that the student representative is invited to at least one meeting in each school year.
(4) The persons named in paragraphs (b), (c) and (d) of subsection (3) above shall be appointed by the Minister in writing.
(5) The provisions of the Second Schedule shall apply in respect of the procedure and functions of a Board of Management established under subsection (1) above and otherwise in relation thereto.
Functions of board of management for secondary school 62. (1) Subject to subsection (2), the functions of a Board of Management
in relation to the schools for which it is established are— (a) to be responsible to the Minister for management, control,
operation and maintenance of the school; (b) to receive, disburse and account for the expenditure of such
sums as may from time to time be voted by the Legislative Council for the operation of such schools;
(c) to review, modify if necessary, and approve the school plan prepared by the school administration for each school operated by it;
(d) to establish policies for the administration, management and operation of its schools, including a student attendance policy;
(e) to prepare reports, provide information, and perform any duties as may be required under this Act, its regulation and guidelines, or by the Minister;
(f) to arrange for the examination and investigation of— (i) student progress; (ii) order among and discipline of students; (iii) the system of instruction; (iv) mode of keeping school records; and (v) conditions of buildings and premises.
(g) in consultation with the Director and the principal and staff, establish a procedure for resolving disputes between schools, parents and teachers;
(h) to make recommendations to the Minister with regard to any matter directly or indirectly affecting the school or the development of secondary education generally;
(i) to appoint where necessary committees consisting wholly or partly of members of the Board of Management; and
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(j) to perform such other functions in relation to the school as the
Minister requires or as may be prescribed by this Act or regulations made under this Act.
(2) In the performance of its functions under subsection (1)(a), (c) and (d) above, the Board of Management shall consult the Director.
(3) For the purpose of performing its function under subsection (1)(b) above the Board of Management shall appoint a Bursar who shall be paid from the funds voted by the Consolidated Fund.
Funds and resources of a board of management 63. The funds and resources of a Board of Management are—
(a) moneys voted for the purposes of the Board of Management by the Legislative Council;
(b) moneys or property payable to or vested in the Board of Management in respect of any matter incidental to their functions;
(c) moneys derived from fund-raising activities; and (d) moneys and other property derived by way of gift, bequest,
trust, or donation, or in any other manner.
Accounts and audit 64. (1) Every Board of Management established pursuant to sections 54
and 61 shall keep proper accounts of its transactions, and the accounts shall be audited annually by the Auditor General or any person authorised by him in that behalf.
(2) The Auditor General shall, at the request of the Minister or on his own initiative, carry out at any time an investigation into or a special audit of the accounts of a Board of Management.
(3) The members and employees of a Board of Management shall— (a) grant to the Auditor General or any authorised member of the
staff of the Auditor General referred to in subsection (1), access to all books, documents, money and property of the Board; and
(b) give to any person referred to in paragraph (a) such information as might be within the knowledge of the members and employees of the Board of Management in relation to the operation of the Board of Management.
Annual report, statement of accounts of estimates 65. (1) Every Board of Management under this Part shall submit to the
Minister— (a) a report in accordance with section 57;
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(b) not later than the 31st August in each year, or such later date as
the Minister approves, a statement of its accounts, audited in accordance with section 64, for the financial year; and
(c) on or before the 31st July in each year, its estimates of revenue and expenditure in respect of the next financial year for the approval of the Minister.
(2) Copies of the documents referred to in subsection (1)(a) and (b) above shall be laid in the Legislative Council.
Minutes of board receivable in evidence 66. Minutes of meetings of any Board of Management established
pursuant to sections 54 and 61 are, if duly signed by the chairperson, or deputy chairperson, receivable in evidence in all legal proceedings without further proof and every meeting of a Board of Management in respect of which minutes have been signed shall be deemed to have been duly convened and held, and all members present at the meeting shall be deemed to have been duly qualified to act.
PART 3
MANAGEMENT OF ASSISTED SCHOOLS
Management of assisted primary school 67. (1) Every primary school or educational institution which is an assisted
school shall be administered by a Board of Management which consists of not less than 9 persons appointed as follows—
(a) 4 persons including the chairperson nominated by the denomination or proprietor which owns that school;
(b) the principal of the institution; (c) one member elected by the academic staff; (d) one member elected by a recognised local community group; (e) one member appointed by the Minister; and (f) one member elected by the Parent Teacher Association where
such an association exists. (2) The quorum shall be 4 members and shall include the chairperson
or the vice-chairperson of the Board of Management.
Management of assisted secondary schools 68. (1) Every secondary school or educational institution which is an
assisted school shall be administered by a Board of Management of not more than ten members appointed by the Minister in the following manner—
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(a) 3 members including the chairperson nominated by the
denomination or proprietor which owns the school; (b) the principal of the institution; (c) one member nominated by the Minister; (d) 3 members elected in the following manner—
(i) one by the academic staff; (ii) one by the Old Students’ Association where such an
association exists; (iii) one by the Parent Teacher Association where such an
association exists; and (e) 3 members nominated by the Board of Management for their
particular expertise. (2) The quorum shall be 5 members and shall include the Chairperson
or the vice-chairperson of the Board of Management. (3) The procedure of a Board of Management established under
sections 67 and 68 are set out in the Second Schedule and otherwise in relation thereto.
Denomination or proprietor may add duties 69. (1) In addition to the functions conferred by the denomination or the
proprietors of an assisted school, a Board of Management established under sections 67 and 68 shall—
(a) if the school for which the Board of Management is established is a primary school, perform the functions established under section 56 above; and
(b) if the school for which the Board of Management is appointed is a secondary school, perform the functions established under section 62, above.
(2) The proprietors of a denominational school which has become an assisted private school, whether primary or secondary, shall not direct, request encourage the Board of Management established under sections 67 and 68 to perform functions and duties inconsistent with the provisions of this Act.
Appointment of joint board of management 70. (1) Notwithstanding section 67 and 68, the Minister may appoint a
Board of Management to administer more than one assisted school if— (a) these assisted private schools have the same proprietors; (b) the proprietors agree to the appointment of a Board of
Management;
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(c) the proprietors agree to the composition of the membership of
the Board of Management under subsection (2); and (d) the Minister is satisfied that the general interest of education in
the area in which these assisted schools are situated will be best served by a Board of Management.
(2) Where a Board of Management is appointed to administer more than one assisted school, the membership of that Board of Management may exceed the number prescribed for one Board of Management, and in the appointment of additional members consideration shall be given to the different categories of persons to be represented on the Board of Management.
PART 4
MANAGEMENT OF TERTIARY INSTITUTIONS
Establishment and management of tertiary institution 71. (1) The Governor in Council may establish and maintain, in
accordance with this Act and regulations made under this Act, teachers’ colleges, technical colleges, and any other institution of higher education at such places as the Minister may determine.
(2) Any college, technical institution, or other tertiary institution in existence at the commencement of this Act shall be deemed to be established by this Act.
(3) For the purpose of subsection (1), the Governor in Council may by Order provide for any matter respecting the establishment or management of any tertiary institution.
(4) Without prejudice to the generality of the foregoing, the Governor in Council may provide in any Order made under subsection (3) for the establishment of a governing board for any tertiary institution, and may specify the number of members of the board and its powers, functions and procedures.
(5) Without affecting subsections (1) to (4), the Governor in Council may appoint such number of advisory boards as he thinks fit to advise on, and assist with, the management of the tertiary institutions to which this Part applies.
(6) And advisory board may be appointed under subsection (5) to advise on, and assist with, the management of more than one tertiary institution.
(7) Every advisory board appointed under subsection (5) shall consist of a chairman and such other members as the Governor in Council determines.
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(8) Where a tertiary institution that is established and registered as a
private school becomes an assisted private school under this Act, the Governor in Council may be Order provide for any matter respecting—
(a) its curriculum; (b) the criteria for admission of students; (c) the payment of fees; (d) the appointment of the staff, including their terms and
conditions of employment; (e) its management; (f) regulations regarding the—
(i) professional behaviour of instructors, lecturers and tutors; and
(ii) conduct and discipline of students and trainees.
CHAPTER IV
CATEGORIES OF SCHOOLS AND THE STAGES OF EDUCATION
PART 1
THE FORMS AND STAGES OF EDUCATION
Stages of public education 72. (1) Subject to subsection (2) below, the system of public education
shall be in the following stages— (a) early childhood education; (b) primary education; (c) secondary education; and (d) tertiary education.
(2) The Minister may, as resources permit, include as part of the system of public education—
(a) education to meet the requirements of pupils who are gifted or have exceptional ability;
(b) special education in accordance with the provision of this Act; (c) adult and continuing education; and (d) distance education.
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PART 2
EARLY CHILDHOOD EDUCATION SERVICES
Establishment of early childhood education services 73. (1) Subject to satisfying the provisions of Part 2 of Part V of this Act,
an educational institution specified in section 88 of this Act may provide an Early Childhood Services Programme suitable to the needs of children one year of age or older but under 6 years of age, if the parent of the child agrees.
(2) A private educational institution that provides early childhood services may charge the parents of children attending the programme fees in respect of the programme.
(3) A child who attends a programme under this section is not entitled to any of the rights and benefits given to a student under this Act by reason of attending that programme.
Programmes and policies 74. An educational institution offering early childhood education
services shall develop and maintain policies and programmes consistent with the early childhood services, policies, programmes and plan prescribed by the Minister.
Insurance 75. (1) A private educational institution shall keep in force a general
liability insurance policy or other form of indemnification in the minimum amount prescribed by Order made by the Governor in Council for each occurrence for any loss or damage resulting from bodily injury to, or the death of one or more persons, and for loss or damage to property, regardless of the number of claims arising from one occurrence.
(2) The policy or other indemnification under subsection (1) above shall provide coverage to a private educational institution for all claims arising because of liability imposed by law on a private educational institution and for a liability assumed under any agreement entered into by the private educational institution.
(3) A private educational institution shall ensure that in its general liability policy or other form of indemnification the word “insured” is defined to include the named insured and any employee, board member, agent, or any other person whether receiving compensation or not, when acting within the scope of his or her duties for the named insured.
Council on early childhood education services 76. (1) The Minister may, when he deems it desirable, establish a Council
on Early Childhood Education to advise him on policies to guide the implementation of this Part.
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(2) Where a Council on Early Childhood Education is establish, the
Governor in Council may by order provide for its— (a) membership; (b) procedures for the conduct of its business; and (c) powers and functions.
Regulations 77. (1) The Governor in Council may make regulations generally for the
proper carrying out of the purposes of this Part. (2) Without limiting subsection (1), the Governor in Council may
make regulations— (a) prescribing the academic and professional qualifications of
teachers or other persons employed in early childhood education services;
(b) respecting the records to be submitted to the Minister by a private educational institution engaged in early childhood education services;
(c) concerning the safety standards which must be satisfied by private educational institutions;
(d) respecting the health requirements of the environment and of the persons employed in early childhood services;
(e) concerning the buildings, premises, equipment and furnishings to be used in delivering early childhood education services;
(f) prescribing the ratio of staff to students required by the private educational institution;
(g) respecting the needs of children of specified ages attending the programme offered by the private educational institution; and
(h) respecting teacher training and curriculum development.
PART 3
HOME EDUCATION
Home education 78. (1) A parent of a student may provide, at home, a home education
programme for the student if the parent complies with this section and if the programme meets the goals and objectives outlined in section 3(3) of this Act.
(2) The parent shall, prior to the commencement of a home education programme for the student and on an annual basis thereafter for as long as the
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home education programme is offered, register the student with the Director of Education.
(3) An educational plan for each student who is receiving home education shall be prepared and provided to the Director of Education subject to the following conditions—
(a) the initial educational plan shall be prepared and provided to the Director 3 months prior to the commencement of the home education programme;
(b) the educational plan shall be for a minimum period of 3 school years and shall cover every year of the home education programme;
(c) the educational plan shall include a description of the learning activities for the student that will comply with the goals and objectives set out in section 3(3) of this Act; and
(d) the educational plan shall be based on the national curriculum as established by the Minister under Chapter 8 of this Act.
(4) The parent of a home education student may request that tests be administered to the student subject to the requirements of the regulations and payments of fees prescribed by the regulations for any tests that are administered.
(5) A student in a home education programme may attend courses offered by the Minister subject to any terms and conditions establish by the regulations.
(6) Subject to regulations made under this Act, the parent of a home education student may receive, for the student, educational resource materials and use of school facilities and equipment.
(7) The Director shall— (a) provide for the assessment of the student’s achievement on a
regular basis and communicate the results to the parent; (b) advise the parent if, in the opinion of the Director, the student
is not making reasonable progress in the programme; and (c) provide the parent with recommendations which will assist the
student in improving the level of achievement.
Termination of programme 79. (1) The Director may exempt foreign student from the provisions of
this Part where he is satisfied that the student does not intend to reside in Montserrat for more than 9 months.
(2) Notwithstanding subsection (1) of section 78, the Director shall, in writing, terminate the home education program if he is of the opinion, after considering the abilities of the student, that—
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(a) the home education programme no longer meets the
requirements of section 3(3); or (b) the student has failed to meet standards of student achievement,
as measured by achievement testing comparable to those of students in public schools.
(3) The Director shall, in conjunction with the notice of termination, direct the student to attend a school established by or registered under this Act effective on the date specified in the notice of termination.
(4) Where the parent disagrees with the decision of the Director made under subsection (1) above, the parent may appeal to the Education Appeal Tribunal established pursuant to this Act within 14 days of the notice of termination.
PART 4
SPECIAL EDUCATION
Special education 80. (1) The Director shall subject to available resources provide special
education programmes for students of compulsory school age who by virtue of intellectual, communicative, behavioural, physical or multiple exceptionalities are in need of special education.
(2) A student who is entitled to a special programme shall have the programme delivered in the least restrictive and most enabling environment to the extent that resources permit and it is considered practicable by the Director in consultation with professional staff of the school and the Ministry of Education and the parents, having due regard for the educational needs and rights of all students.
(3) A special education programme may take the form of a individual education plan in that the plan is tailored to the specific or individual needs of the student.
(4) Where it has been determined that a student will require an individual education plan, the costs of developing, providing and maintaining that plan shall be apportioned between the student if over 18 years of age, or the parent of the student if the student is under 18 years of age as the case may be and the Ministry of Education in such manner as may be prescribed by regulations made under this Act.
Determination of special educational needs 81. (1) Before a determination is made under subsection (2) below the
following procedures shall be followed— (a) the student shall be referred to the Director for a determination
of the assessments that may be required to be performed;
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(b) the parent of the student shall receive written information
concerning the procedures outlined in this section; (c) prior written informed consent by a parent for the
administration to the student of psychological and other specialised tests that are not routinely used by teachers shall be obtained;
(d) where possible, the assessment shall be multi-disciplinary; (e) the results of the assessment reports shall be provided and
explained to the parent; (f) a parent and, where appropriate, the student shall be consulted
prior to the determination of and during the implementation of the special education programme; and
(g) the parents shall be provided with information concerning the right of appeal to the Education Appeal Tribunal.
(2) Subject to subsection (1) above, the principal in consultation with professional staff and parents or, where a child is not in attendance at a school, the Director, in consultation with professional staff and parents, shall determine—
(a) whether a student is a student with special educational needs; and, if so
(b) what special education programme is appropriate to meet the needs of that student.
(3) Parents shall have the right to request for their children a determination in accordance with this section.
(4) A principal may invite a parent to be a member of a school based team that is established for the provision of a special education programme for a student.
(5) The school based team referred to in subsection (4) above, shall comprise persons selected on the basis of their expertise by the principal of a school to advise on a programme specific to the needs of a particular student or group of students.
(6) Where there is more than one parent for a child, consultation with one parent shall be deemed to be compliance with any consultation requirements of this section.
Special needs appeals 82. (1) If a disagreement arises respecting a decision concerning—
(a) the identification of a student as a student with special educational needs;
(a) the individual education plan established for a student;
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(c) a request by a parent for a determination pursuant to subsection
81(3); (d) the implementation of the individual education plan in an
environment other than the regular class; (e) the non-implementation of an individual education plan in a
school where the student would normally attend; or (f) the apportionment of costs, including non-educational costs,
between the Ministry of Education and the parents of the student for the provision of an individual education plan,
the parent, student, or Board of Management may, within 14 days of the decision, appeal the matter to the Education Appeal Tribunal established pursuant to this Act.
(2) A decision under subsection (1) above, shall be communicated in writing to the parents, student or Board of Management as the case may be.
(3) When an appeal is made to the Education Appeal Tribunal, the student shall be enrolled in the program determined in accordance with section 81 until the Education Appeal Tribunal makes its decision.
Council on Special Education 83. (1) The Minister may establish a Council on Special Education to
advise him on guidelines for the implementation of this Part. (2) Where a Council on Special Education is established the Minister
may by order provide for its— (a) membership; (a) procedures for its business; and (c) its powers and functions.
CHAPTER V
CATEGORIES OF EDUCATIONAL INSTITUTIONS
Organisation of schools 84. For the purposes of this Act, the school system shall be organised in
the following categories— (a) public schools; (a) private educational institutions; (c) denominational schools; and (d) assisted schools.
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PART 1
PUBLIC SCHOOLS
Status of public schools 85. All public schools existing at the commencement of this Act shall be
deemed to have been established by this Act and shall continue as public schools under this Act.
PART 2
PRIVATE EDUCATIONAL INSTITUTIONS
Interpretation 86. The words “institution” or “school”, where used in this Part to refer
to the subject of rights or obligations, mean the person operating the institution or school to which the provision concerned applies.
Body without legal personality 87. (1) In the case of a body not endowed with legal personality, the
provisions of this Act shall apply as if the body were endowed with legal personality.
(2) The obligations to comply with the provisions of this Act lies with the persons responsible for the administration of the body.
(3) In the case of an institution established by partnership, the obligation lies with both the partnership and the partners.
Applicability 88. This Act applies to every private educational institution dispensing
all or some of the educational services belonging to one or more of the following categories—
(a) early childhood educational services; (b) primary school education; (c) organisations, schools or other institutions providing special
education; (d) secondary school education; (e) secondary school instructional services in vocational education; (f) secondary school adult education services; (g) secondary school adult education services in vocational
education;
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(h) instructional services in general education at the tertiary level;
and (i) instructional services in vocational training at the tertiary level.
References and objects 89. (1) Paragraphs (a) to (f) and (h) of section 88 refer to education or
instruction intended mainly to develop students’ abilities in subjects preparing them for studies at the primary, secondary, post-secondary, tertiary or university level, as the case may be.
(2) Paragraphs (g), and (i) of section 88 refer to vocational education or vocational training which is intended mainly to develop students’ abilities so as to prepare them for an occupation, a trade or a profession.
Permit 90. No person may operate a private educational institution to which this
Act applies unless he is the holder of a permit issued by the Governor in Council, for the institution and the educational services of one or more categories of educational services mentioned in section 88.
Presumption 91. Any person or body dispensing for profit or non-profit purposes,
educational services for his own account and in the case of a body for its own account, shall be deemed to be operating a private educational institution.
Existing private educational institutions 92. (1) A person or organisation who, at the commencement of this Act,
owns a private educational institution, shall, within 6 months of commencement of this Act or of such further period as the Minister may by notice allow, comply with section 90.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or imprisonment for a term not exceeding 6 months, and, in the case of a continuing offence is liable to a further fine not exceeding $200 for each day during which the offence continues after the first conviction.
Private educational institutions register 93. (1) The Director shall keep in such manner as may be prescribed, a
register of private educational institutions to be known as the Private Educational Institutions Register.
(2) There shall be entered on the Private Educational Institutions Register the particulars of every private educational institution in respect of which a permit has been issued by the Governor in Council.
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(3) The Director shall annually certify a copy of the Private
Educational Institutions Register and the copy so certified shall be published in the Gazette on such date as the Minister may determine.
(4) The Director shall certify any amendment to the Register and the amendment shall be published in the Gazette.
Application for registration 94. (1) An application for a permit to establish a private educational
institution shall be made in the prescribed form by or on behalf of the proprietor of the private educational institution and shall contain the prescribed information.
(2) The Governor in Council shall, upon the receipt of an application made in accordance with subsection (1) cause the private educational institution to be inspected.
Eligibility for registration 95. Where a private educational institution in respect of which an
application is made under section 94 has been inspected, the Governor in Council shall, subject to any condition that the Governor in Council may specify, cause the educational institution to be registered if the Governor in Council is satisfied that—
(a) the premises are suitable for the activities intended by the private educational institution;
(b) the furniture is adequate and suitable having regard to the number and ages of the students attending the private educational institution;
(c) the accommodation provided is adequate and suitable having regard to the number, ages and sex of students attending the private educational institution;
(d) efficient and suitable instruction equivalent to that provided in an equivalent public educational institution is being or will be provided at the private educational institution having regard to the ages and sex of the students attending the institutions;
(e) there is adequate land for the recreation of the students; (f) the proprietor, principal or staff members has not been
convicted of or pleaded guilty to, an offence under this Act, or a criminal offence committed in relation to the operation of a private educational institution in the 3 years preceding the application;
(g) that the private educational institution will have at its disposal the adequate human and material resources required for dispensing the educational services for which the permit is issued and sufficient financial resources for that purpose; and
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(h) the applicant has paid the fee fixed by regulation.
Refusal 96. (1) The Governor in Council may refuse to issue a permit if, during the
3 years preceding the application, a permit held by the applicant was revoked. (2) Where an application for a permit to establish a private educational
institution has been refused, the applicant shall be notified in writing— (a) of the refusal and of the reasons for refusal; and (b) of his right of appeal under section 109.
Limitation on instruction 97. Notwithstanding section 90, the Governor in Council may refuse to
issue a permit authorising, in a primary school or in general education at the secondary school level, instructions limited to certain subjects or classes, or the Governor in Council may subject the issue of such a permit to the conditions the Governor in Council determines.
Number of students 98.(1) The Governor in Council may determine the maximum number of
students who may be admitted to educational services or categories of educational services provided by the private educational institution.
(2) The capacity of the facilities at the disposal of an institution is the capacity determined by the applicant for a permit and approved by the Governor in Council.
(3) Where the applicant fails to determine such capacity, the Governor in Council may refuse to issue the permit.
Content of permit 99. The permit to establish a private educational institution shall
mention— (a) the name of the proprietor who shall be the holder; (b) the name and address of the institution; (c) the address of the buildings or premises at its disposal; (d) the educational services or categories of educational services
the institution is authorised to dispense; (e) where applicable, the authorisations and conditions determined
under sections 97 and 101; and (f) the maximum number of students who may be admitted under
section 98.
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Vocational education
100. In respect of vocational education, the permit to establish a private educational institution shall specify, where it concerns—
(a) secondary school instructional services in vocational education or adult vocational education, the vocational education programmes that the institution is authorised to dispense;
(b) supplementary vocational training and the fields for which the permit is granted; or
(c) general or vocational education at the tertiary level and the programmes that the institution is authorised to dispense.
Duration and renewal of permits 101. (1) On first issuance, a permit is valid for a period of 3 years.
(2) The Governor in Council shall renew for 5 years, and subsequently for the same period, a permit held by a person who—
(a) applies therefor in writing to the Governor in Council within the time limit prescribed by regulation and furnishes, within that time limit, the information and documents prescribed by such regulation;
(b) meets the conditions set out in section 95; or (c) has complied with the provisions of this Act and its regulations
for the period of validity preceding the renewal. (3) Notwithstanding subsections (1) and (2) above, the Governor in
Council may issue or renew a permit for a different period or without a date of expiry where the Minister on the approval of Governor in Council deems it expedient.
Modification 102. (1) The Governor in Council may, at the request of a permit holder,
modify the permit upon payment of the fees fixed by regulation. (2) To modify the educational services mentioned in a permit, the
holder must meet the conditions for the issue of a permit which apply to the educational services for which the request is made.
Transfer 103. No permit may be transferred except with the written authorisation
of the Minister.
Information 104. (1) The holder of a permit must inform the Minister—
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(a) of any change which renders the information provided for the
issue, renewal or modification of a permit inaccurate or incomplete;
(b) whenever the institution fails to provide all or some of the educational services mentioned in its permit.
(2) Every legal person or body holding a permit must inform the Governor in Council of any amalgamation, sale or transfer affecting it, as well as of any change in the name of the institution.
Visits to private educational institutions 105. (1) The Minister or the Director or any other person authorised in
writing by the Minister or the Director may for the purpose of making enquiries, carrying out inspections and discharging such other duties as are imposed on him by this Act, enter the premises of any private educational institution during the hours of operation of that institution.
(2) The proprietor of a private educational institution shall during school hours, keep the school open to visits by the persons mentioned in subsection (1) above.
(3) A person who in respect of any person specified under subsection (1)—
(a) obstructs that person in the performance of his duties; (b) makes false representation to that person; or (c) refuses to furnish any information which that person may
require under this Act or regulations made under this Act, commits an offence and is liable on summary conviction to a fine not exceeding $1,000.
Notice to comply 106. Where the Governor in Council is satisfied that a private educational
institution registered under this Act has ceased to be conducted in accordance with this Act or regulations made under this Act, the Governor in Council may serve on the proprietor of the institution a notice of the fact, requiring him within the time specified in the notice to conduct the school in accordance with this Act or the regulations as the case may be.
Cancellation of registration 107. Where a proprietor who is served with a notice under section 106
fails, within the time specified in the notice or within such further time as the Governor in Council allows, to comply with the notice, the Governor in Council shall—
(a) cancel the permit and the registration of the private educational institution; and
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(b) inform the proprietor in writing—
(i) that the permit has been revoked and the registration has been cancelled and of the reasons for the revocation and cancellation; and
(ii) of his right to appeal under section 108 below.
Appeal 108. (1) The proprietor of a private educational institution which is refused
a permit and registration pursuant to sections 95 and 96 or whose registration is cancelled under section 107 may, within thirty days of being notified of the refusal or cancellation, appeal to the Education Appeal Tribunal established pursuant to this Act against the refusal or cancellation, as the case may be.
(2) In the case of a refusal, a proprietor may appeal on any of the following grounds—
(a) that the reasons given for the decision do not disclose any failure to meet any of the requirements for registration set out in section 95 above;
(b) that the inspection of the school carried out pursuant to section 94(2) was not adequate for determining whether the school meets the requirements set out in section 96 above;
(c) that there is no evidence available to support the decision. (3) In case of a cancellation, a proprietor may appeal on any of the
following grounds— (a) that no notice was served on the proprietor under section 106; (b) that the time specified in the notice served under section 109 or
the further time allowed to the proprietor under section 110 to comply with the notice is unreasonable;
(c) that the proprietor has complied with the notice served under section 106; or
(d) that there is no evidence available to support the decision. (4) Where an appeal is brought under this section against a
cancellation of registration or a refusal to grant a permit, the Governor in Council may not enforce the refusal or cancellation until the appeal is determined or withdrawn.
(5) The determination of an appeal by the Education Appeal Tribunal shall be final and binding upon the parties to any such decision.
(6) Where an appeal is dismissed or withdrawn, cancellation of the registration of the private educational institution shall take effect from the date of the making of the order by the Education Appeal Tribunal dismissing the appeal, or the date of withdrawal of the appeal.
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Registration and closure
109. (1) Where the registration of a private educational institution is cancelled pursuant to section 107, the proprietor of the educational institution may, if the proprietor has complied with the notice served on him under section 106, apply to the Governor in Council for the re-registration of the school.
(2) The requirements of section 98 shall apply to an application under subsection (1) above.
(3) From the date on which the cancellation of the registration of a private educational institution takes effect, the institution shall remain closed until it is re-registered.
(4) Where the Governor in Council is satisfied that the notice served under section 106 has been complied with, the Governor in Council may re- register the private educational institution subject to any condition which the Director may specify.
Returns 110. The proprietor of a private educational institution shall furnish the
Director with returns in the manner and containing the information required by this Act and regulations made under this Act.
Health and sanitation 111. (1) The Health Authorities shall require the same health and sanitary
arrangements for private educational institutions as are required for public schools and assisted private schools.
(2) The Director may, on the advice of the Chief Medical Officer, require the closure of any private educational institution or classroom at such an institution, or the exclusion of certain pupils for a specified time with a view to preventing the spread of disease or any danger to health.
Disqualification of teachers 112. (1) A teacher employed in a private educational institution shall
possess at least the minimum qualifications required of a teacher employed in an equivalent public educational institution.
(2) The Director may declare any person who does not possess the minimum qualification required under subsection (1) above to be unqualified for employment as a teacher in a private educational institution and that person shall not be so employed.
(3) An appeal from a decision of the Director made pursuant to subsection (2) shall lie to the Educational Appeal Tribunal established pursuant to this Act within 14 days of the decision.
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(4) The decision of the Educational Appeal Tribunal shall be final and
binding on the parties to any such notification of the decision to the person concerned.
Prohibition of discrimination 113. A private educational institution which denies admission to a child or
expels a student on account of race or the political affiliation of the parents of the student commits an indictable offence and is liable on conviction to a fine not exceeding $10,000.
PART 3
DENOMINATIONAL, ASSISTED AND PRIVATE SCHOOLS
Agreement to establish assisted private schools 114. (1) An assisted private school comes into existence by mutual
agreement between the Governor in Council and the proprietor of the school. (2) An agreement under subsection (1) above shall—
(a) be in writing; (b) exist for one or more schools; (c) be for a specified period of years; and (d) subject to this Act, and regulations specify the terms,
conditions, the rights, responsibilities and liabilities of the respective parties.
(3) Any party to the agreement may terminate the agreement by giving the other at least 36 calendar months notice.
Publication of list of assisted private schools 115. (1) The Minister shall publish in the Gazette by July 31 of each year, a
list of all assisted private schools and shall cause the list to be circulated to all public and assisted private schools.
(2) Where the Minister and the proprietor of a private educational institution agree, a list published by virtue of subsection (1) above shall detail the respective rights, responsibilities and obligations of the Government and the assisted private school.
Religious education in assisted private schools 116. (1) Subject to subsection (2) below where an assisted private school is
owned or managed by a denominational body, the denominational body shall be responsible for organising and providing religious instruction or education to students that belong to its religious faith in accordance with a curriculum prescribed by that body.
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(2) Where an assisted private school admits students who do not
subscribe to the religious beliefs of the denominational body, no student, except with his own consent or, if he is a person under the age of 18 years, the consent of his parent, shall be compelled or be required to receive religious education or instruction or take part in or attend any religious ceremony or observance prescribed under subsection (1) above.
Loans to assisted private schools 117. (1) Where the proprietor or the Board of Management of any assisted
private school requires a loan for the purpose of improving or extending the buildings of the assisted private school or erecting a new school in substitution for any discontinued assisted private school, the proprietor or the Board of Management may apply to the Minister for a loan from the Government.
(2) If upon consideration of an application for a loan under this section, the Minister is satisfied that the purpose for which the loan is required may properly be obtained by borrowing, the Minister may arrange to obtain a loan from the Government on such terms and conditions as may be agreed by the parties.
Status of denominational school 118. Except where a denominational school agrees to become an assisted
private school, it shall not lose its status whether or not it is in receipt of a Government grant or subsidy or other form of financial assistance designed to meet in whole or in part the cost of the management and maintenance of the school.
Regulations for denominational schools 119. The Governor in Council may make regulations respecting—
(a) the registration of denominational schools; (b) the capacity of the facilities used by the denominational school; (c) the educational services or categories of educational services
the denominational body dispenses; (d) the number and frequency of inspections by the Minister or
Director to denominational schools; (e) the annual returns of statistics to be furnished by the
denominational body to the Minister; (f) the health and sanitary requirements to be maintained by the
denominational body; and (g) the buildings, premises, equipment and furnishings to be used
by the denominational body.
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CHAPTER VI
TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING
Establishment of Technical and Vocational Education Council 120. (1) The Minister may establish a Technical and Vocational Education
and Training Council whose membership shall be as follows— (a) the Permanent Secretary of the Ministry of Labour who shall
be an ex-officio member; (b) the Director who shall be an ex-officio member; (c) the principal of the Montserrat Community College or his
nominee; (d) the following persons appointed by the Minister by instrument
in writing— (i) 2 members appointed on the recommendations of the
associations which represent employers; (ii) 3 members with expertise in technical and vocational
education and training; and (iii) 2 members appointed on recommendations of the trade
unions. (2) The Minister shall, by instrument in writing, appoint one member
as chairperson, and one member as deputy chairperson. (3) In the case of the inability of any member to act, the Minister may
appoint a person to act temporarily in the place of that member. (4) The Third Schedule has effect with respect to the procedure of the
Technical and Vocational Education and Training Council and otherwise in relation thereto.
Functions of Council 121. The functions of the Technical and Vocational Education and
Training Council are— (a) to advise the Minister on policy relating to technical and
vocational education and training; (b) to prepare plans for technical and vocational education and
training in accordance with national policies and economic needs;
(c) to ensure that agreed plans for technical and vocational education and training are implemented;
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(d) to co-ordinate technical and vocational education and training
at all levels of the educational system; (e) to establish standards for technical and vocational education
and training; (f) to establish training priorities, qualifications and accreditation; (g) to advise the Minister on the scheme of examinations which
may be adopted to test students; (h) to determine the facilities and resources required to ensure
satisfactory standards of technical and vocational education and training and the welfare of students, trainees and staff of training institutions;
(i) to advise the Minister on the allocation of resources for technical and vocational education and training;
(j) to make grants and loans for the support and provision of technical and vocational education and training; and
(k) to carry out such other functions relating to technical and vocational education and training as the Minister may require.
Directions 122. The Minister may give directions of a general or specific nature to
the Technical and Vocational Education and Training Council and it shall comply with those directions.
Appointments of committees and functions thereof 123. (1) The Technical and Vocational Education and Training Council
may appoint committees to perform, in relation to technical and vocational education and training—
(a) such of its functions as it delegates in writing; and (b) such other functions as are specified in section 124.
(2) The provisions of the Second Schedule shall apply in respect of the procedure and function of committees and otherwise in relation thereto.
Additional functions of committee 124. The additional functions of a committee appointed by the Technical
and Vocational Education and Training Council are as follows— (a) to undertake research or assist persons in undertaking research
into matters relating to technical and vocational education and training;
(b) to advise the Technical and Vocational Education and Training Council on specified aspects of technical and vocational education and training;
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(c) to advise the Technical and Vocational Education and Training
Council on the training facilities to be provided at institutions for persons employed or seeking training in technical and vocational education and training;
(d) to advise on or make arrangements for giving selection criteria in respect of persons wishing to obtain technical and vocational education and training;
(e) to apply or make arrangements for tests and other methods of ascertaining the standards of efficiency to be recommended by the committee for persons seeking technical and vocational education and training; and
(f) to recommend the terms applicable to persons wishing to obtain technical and vocational education and training.
Training schemes 125. (1) The Technical and Vocational Education and Training Council
may, with the approval of the Minister and subject to section 121, formulate schemes for regulating training in any occupation.
(2) A term of any contract for training registered before the date of the coming into force of the scheme may not be revoked or varied by means of a scheme.
(3) A scheme may contain, in respect of any occupation to which it relates—
(a) the qualifications, including the age and educational standards required for trainees;
(b) the practical training that employers are required to provide for their trainees;
(c) the theoretical training that is required to be provided by, or at the expense of, employers for their trainees, or that trainees are required to undergo, and the manner in which the training is to be provided or undergone;
(d) the proficiency tests or examinations that trainees are required to take;
(e) the maximum number of ordinary working hours including overtime, trainees may be required or permitted to work during any day, week or other specified period;
(f) the days on which, the hours in any day before or after which, and the intervals during which, no trainee can be required or permitted to work;
(g) the minimum wages and other conditions that apply to trainees; (h) the minimum remuneration and other conditions that apply in
respect of any period during which a trainee is unable, by
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reason of any condition of training, or other circumstances, to render service to his employer during working hours; and
(i) any other matter that, in the opinion of the Technical and Vocational Education and Training Council, with the approval of the Minister, is necessary for the effective operation of the scheme.
(4) Different conditions of training may be include in a scheme in respect of different classes of employers, trainees or occupations and the Technical and Vocational Education and Training Council may, in determining the different conditions for any scheme, apply any method of differentiation it thinks fit.
(5) A scheme may be amended by a subsequent scheme or by an order made by the Technical and Vocational Education and Training Council with the approval of the Minister.
System for monitoring 126. Subject to the approval of the Minister, the Technical and Vocational
Education and Training Council shall establish an effective system for monitoring the implementation of the technical and vocational education and training strategy and plan.
Regulations by Governor in Council 127. The Governor in Council, may make regulations on the
recommendation of the Technical and Vocational Education Training Council—
(a) prescribing the form and terms of any contract of training; (b) prescribing the procedure for the registration and transfer of
contracts for training, and for the notification of the expiration or termination of such contracts; and
(c) for holding of tests in respect of any specified occupation, and for granting of a certificate of proficiency to any person who enters for, and passes, any such test, notwithstanding that the person is not a trainee.
Annual report 128. (1) The Technical and Vocational Education and Training Council
shall, not later than 6 months after the end of the school year, submit to the Minister a report containing—
(a) an account of the activities of the Technical and Vocational Education and Training Council throughout the preceding financial year in such detail as the Minister directs; and
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(b) a statement of the accounts of the Technical and Vocational
Education and Training Council for that financial year audited in accordance with regulations enacted for that purpose.
(2) A copy of the report of the Technical and Vocational Education and Training Council referred to in subsection (1) above shall be printed and laid before the Legislative Council and published in the Gazette.
National policy 129. The Technical and Vocational Education and Training Council shall
prepare a national policy for technical and vocational education and training to meet the needs of society and the economy.
Plans for technical and vocational education 130. (1) The Technical and Vocational Education and Training Council
shall prepare a strategy and plan for technical and vocational education and shall update it each year.
(2) The strategy and plan referred to in subsection (1) above shall identify outputs and priorities and recommend allocation of resources to implement the plan in the most cost effective manner.
(3) The strategy and plan shall only be implemented in public and assisted private schools on the written directions of the Minister to the Director.
Regulations by Governor in Council 131. The Governor in Council may make regulations—
(a) enabling the Technical and Vocational Education and Training Council to appoint an Executive Director and other members of staff to manage its affairs;
(b) establishing an employment and training fund for the purposes of promoting and supporting training and the upgrading of skills for the labour force;
(c) establishing and regulating the accounting and auditing of any fund received by the Technical and Vocational Education and Training Council;
(d) respecting the criteria and eligibility for receiving grants or loans;
(e) respecting the procedures for the evaluation of proposals for grants or loans;
(f) establishing procedures for monitoring the performance and outcome of training required to satisfy the conditions for award of grants or loans;
(g) respecting the procedures regarding training schemes; and
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(h) respecting the supervision of trainees by employers.

CHAPTER VII
PROFESSIONAL DUTIES AND RESPONSIBILITIES OF TEACHERS AND PRINCIPALS
Qualifications of teachers 132. No person shall be employed as a teacher, principal or deputy
principal in a public or assisted private school unless that person holds a valid qualification as established in regulations made by the Minister.
Rights of teachers 133. Every teacher has the right to—
(a) be treated in a fair and reasonable manner; (b) be provided with an adequate working environment; (c) be provided with sufficient and appropriate equipment to carry
out assigned professional duties; (d) be provided with adequate physical facilities to enable the
performance of the assigned professional duties; (e) be protected as far as reasonably possible from molestation,
abuse, assault and battery in the process of carrying out assigned professional duties whether within or outside the school provided that the teacher is engaged in authorised activities;
(f) be afforded, if necessary, legal and/or psychological support in the event of injury while in the execution of assigned duties;
(g) compensation for personal injury damage to, or loss of material possessions while in the execution or as a consequence of the execution of assigned duties provided that the injury, damage or loss was not caused by the negligence of the teacher;
(h) reasonable access to professional training and development whether basic or otherwise;
(i) be provided with adequate clothing, tools and equipment when engaged in hazardous activities;
(j) be a member of a representative body or association and to participate in the lawful activities of the representative body or association of which the teacher is a member; and
(k) participate in the preparation of the school plan.
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Exercise of general professional duties
134. A teacher shall— (a) carry out his professional duties under the reasonable direction
of the principal; and (b) perform in accordance with any directions which may
reasonably be given to him by the principal from time to time such additional duties as may reasonably be assigned to him.
Duties of teachers 135. (1) Every teacher in a public school and an assisted private school
shall— (a) encourage students in the pursuit of learning, and teach them
diligently and faithfully; (b) teach courses of study that are prescribed, approved, or
authorised pursuant to this Act or the regulations; (c) report on the progress, behaviour, and attendance of students to
their parents in accordance with the provisions of this Act and the regulations;
(d) under the direction of the principal, maintain order and discipline among students while they are in school, on school grounds, or attending or participating in activities sponsored or approved for the school not inconsistent with this Act or regulations made thereunder;
(e) review with students their assessments and progress and advise students of the expectations for them;
(f) maintain whatever registers, records, or other forms as may be required by the principal, Director, or this Act and make those registers, records, or other forms available for inspection by the Director or by any person authorised by the Director;
(g) observe the standards of the school as established by the staff and principal;
(h) upon reasonable notice from the principal admit a parent of a student to the classroom for the purpose of observing;
(i) report promptly to the principal an apparent outbreak of contagious or infectious diseases in the school, any unsanitary condition of the school building or surroundings and any other conditions or circumstances that may reasonably threaten the health or safety of students or other employees of the school;
(j) notify the principal of any absence by the teacher from school and the reason for the absence;
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(k) upon the direction of the principal, co-operate with student
teachers and their instructors in the classroom for the purpose of observing and practice teaching, and render assistance to the student teachers and submit reports on the teaching ability of the student teachers;
(l) perform assigned duties as outlined in the school emergency plan developed by the school administration and the teachers to protect the health and safety of students;
(m) report to the principal and to the proper government official responsible for child welfare that a student is in need of protection when there are reasonable grounds to believe that the child is in need of protection as defined pursuant to any legislation enacted by the Legislative Council;
(n) attend staff meetings, Parent Teachers Association meetings and other related meetings;
(o) plan and prepare courses and lessons; (p) teach students assigned to him according to their educational
needs and set work to be carried out by the students in school and elsewhere and mark the same;
(q) assess, record and report in a manner approved by the principal on the development, progress and attainment of students;
(r) provide guidance and advice to students on education and social matters and on their further education and future careers, including information about sources of more expert advice on specific questions;
(s) participate in the implementation of a policy for the pastoral care of the students;
(t) make arrangements under the direction of the principal for parents to be given regular information about the school curriculum, the progress of their children and other matters affecting the school;
(u) promote effective relationships with persons and bodies outside the school;
(v) advise and assist the Board of Management in the exercise of its functions, including attending meetings and making such reports to it in connection with the discharge of his functions as may be required;
(w) make and participate in implementing arrangements for the effective supervision of students during the school day, and the security of school buildings and their contents and of the school grounds;
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(x) participate to such extent as may be appropriate having regard
to other duties, in the teaching of students at the school, including provision of cover for absent teachers; and
(y) perform any other duties which may be prescribed by regulations made by the Minister under this Act.
(2) A teacher who fails to perform any or combination of any of the professional duties specified in subsection (1) above is liable to disciplinary action by the Public Service Commission in accordance with the regulations made for that purpose by the Commission.
Duties of Deputy Principal 136. (1) A person appointed deputy principal in a school, in addition to
carrying out the professional duties of a school teacher, and those duties particularly assigned to him by the principal, shall—
(a) assist the principal in managing the school or such part of it as may be determined by the principal;
(b) undertake any professional duty of the principal which may be delegated to him by the principal; and
(c) undertake, in the absence of the principal to the extent required by him, or other authority, the professional duties of the principal.
(2) A deputy principal who fails to perform any or a combination of the professional duties specified in section 135(1) above and subsection (1) of this section is liable to disciplinary action by the Public Service Commission in accordance with the regulations made for that purpose by the Commission.
General responsibilities of principals 137. (1) Subject to provisions of this Act, the principal of each school
shall— (a) furnish such returns as may be prescribed by the Governor in
Council by regulations made this Act; (b) ensure the observance of the provisions of this Act and any
regulations made under it; (c) promote satisfactory relationships with parents and the
community served by the school; (d) develop and implement procedures for parental and community
involvement in the school and promote co-operation between the school and the community it serves;
(e) maintain order and discipline in the school, on the school grounds, and during activities sponsored or approved for the school;
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(f) supervise and direct teachers and other staff assigned or
rendering services to the school including volunteers; (g) maintain any records and complete any returns and forms
required pursuant to this Act and regulations; (h) ensure the proper maintenance and care of school property; (i) requisition necessary materials, supplies, and equipment for the
school and arrange for distribution of them; (j) attend meetings of the Board of Management, the Parent
Teacher Association or school committee for the school when requested by the relevant body to do so;
(k) report promptly to the Director, the Chief Medical Officer, and other appropriate health personnel an apparent outbreak of any contagious or infectious disease in the school, any unsanitary condition in the school building or surroundings and any other dangerous or unsafe condition in the school;
(l) report to the Director and to the proper government official responsible for student welfare that a student is in need of child welfare services or protection when there are reasonable grounds to believe that the student is in need of such service or protection as defined pursuant to any legislation enacted by Legislative Council;
(m) prepare the school’s operation and maintenance budget for review and approval by the Board of Management, if such a body exists;
(n) be responsible for the preparation and implementation of the school plan;
(o) keep parents informed of the progress and development of students;
(p) ensure that instruction in the school is consistent with the courses of study prescribed pursuant to this Act, or regulations made thereunder;
(q) include in the activities of the school, cultural heritage traditions and practices;
(r) formulate with the assistance of the staff the overall aims and objectives of the school and policies for their implementation;
(s) deploy and manage all teaching and non-teaching staff of the school and allocate particular duties to them (including such duties of the principal as may properly be delegated to the deputy principal or other members of the staff) in a manner consistent with their conditions of employment;
(t) ensure that the duty of providing cover for absent teachers is shared equitably among all teachers in the school (including
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the principal), taking into account their teaching and other duties;
(u) maintain relationships with organisations representing teachers and other persons on the staff of the school;
(v) organise and implement the prescribed curriculum for the school, having regard to—
(i) the needs, experience, interests, aptitudes and stages of development of the students;
(ii) the resources available to the school; and (iii) his duties under this Act and regulations made under it;
(w) keep under review the work and organisation of the school; (x) evaluate the standards of teaching and learning in school, and
ensure that proper standards of professional performance are established and maintained;
(y) maintain good order and discipline among the students and safeguard their health and safety both when they are authorised to be on the school premises and when they are engaged in authorised school activities elsewhere;
(z) perform any other related duties which may be prescribed by regulations made by the Minister under this Act.
(2) A principal who fails to perform any or a combination of the professional duties specified in subsection (1) above is liable to disciplinary action by the Public Service Commission in accordance with the regulations made for that purpose by the Commission.
CHAPTER VIII
CURRICULUM AND ASSESSMENT OF STUDENTS
National curriculum 138. (1) The Minister shall establish a national curriculum for public
schools and assisted private schools. (2) A curriculum established under subsection (1) shall be balanced
and broadly based and shall, in addition to the goals and objectives specified in section 3(3)—
(a) promote the spiritual, moral, cultural, intellectual and physical development of students and of society; and
(b) prepare students for the opportunities, responsibilities and experiences of adult life.
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(3) The Minister may revise the national curriculum whenever the
Minister considers it necessary and expedient to do so.
Core and foundation subjects 139. (1) The curriculum for every public school and assisted private school
shall comprise core and foundation subjects and specify in relation to each of them—
(a) attainment targets that include the knowledge, skills and understanding which students of different abilities and maturities are expected to have by the end of each key stage;
(b) programmes of study that include the matters, skills and processes which are required to be taught to students of different abilities and maturities during each key stage; and
(c) assessment arrangements that include the arrangements for assessing students at or near the end of each key stage for the purpose of ascertaining what they have achieved in relation to the attainment targets.
(2) Subsection (1) above shall not apply in the case of a school engaged in the delivery of special education.
Key states of assessment 140. (1) The key stages in relation to a student are as follows—
(a) the period beginning with his attainment of compulsory school age and ending at the same time as the school year in which the majority of students in his class attain the age of 8;
(b) the period beginning at the same time as the school year in which the majority of students in his class attain the age of 8 and ending at the same time as the school year in which the majority of students in his class attain the age of 10;
(c) the period beginning at the same time as the school year in which the majority of students in his class attain the age of 10 and ending at the same time as the school year in which the majority of students in his class attain the age of 13; and
(d) the period beginning at the same time as the school year in which the majority of students in his class attain the age of 13 and ending at the same time as the school year in which the majority of students in his class attain the age of 16.
(2) For each key stage in subsection (1) above the Director shall ensure that arrangements are made for the assessment of students to ascertain what they have achieved, in relation to the attainment targets.
(3) The assessment may be made by the Ministry of Education or by a body or organisation designated or contracted to do so by the Minister.
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(4) The Director shall determine the frequency of the assessments. (5) The Minister may publish the results of the assessments together
with a commentary thereon by the Director.
Determination of attainment targets 141. (1) The Minister may by notice published in the Official Gazette
establish— (i) the core subjects and other foundation subjects; (ii) the attainment targets; (iii) the programmes of study; and (iv) the assessment arrangements,
that the Minister considers appropriate. (2) A notice issued under subsection (1) above may not require that—
(a) any particular period or periods of time should be allocated during any key stage to the teaching of any programme of study or any matter, skill or process forming part of it; or
(b) provision of any particular time should be made in school timetables for the periods to be allocated to such teaching during any such stage.
Subject panels 142. (1) For the purpose of creating and revising the national curriculum
from time to time, the Minister may constitute subject panels to develop syllabuses for the core and foundation subjects.
(2) A subject panel may comprise the following— (a) members of the teaching profession with expertise in the
subject; (b) officials of the Ministry of Education; and (c) other persons, including parents, or relatives having knowledge
or experience in the subject. (3) Subject panels shall consist of not less than 5 or more than 9
members appointed by the Minister after consultation with the Director, of whom—
(a) one shall be appointed as chairman; and (b) another may be appointed as deputy chairman.
(4) It shall be the duty of the Director or other official designated by him to co-ordinate the work of the subject panels and to ensure the evaluation and implementation of the recommended syllabuses into the school system.
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Collective worship and religious education
143. (1) Subject to subsections (2) and (5) below, the school day in every public or assisted private school shall begin with collective worship by all students and teachers in attendance at the school, and the arrangements made shall provide for single act of worship attended by all students unless the school premises are so constructed as to make it impracticable to assemble for that purpose.
(2) The collective worship required by subsection (1) shall not, in any public school and assisted private school, be distinctive of any particular religious denomination.
(3) Subject to section 144, religious education shall be part of the curriculum of every public school and assisted private school.
(4) It shall not be a condition of admission or attendance of any student in a public school or assisted private school that a student—
(a) participates in religious education or attends or abstains from attending any place of religious instruction or worship;
(b) if his parent objects, attends any religious observances or receives any education in religious subjects at an institution or elsewhere; or
(c) attends an institution or an activity in any place on any day specially set apart for religious worship by the religious body to which he belongs.
(5) Where the parent of any student attending a public school and assisted private school or a teacher requests that the student or the teacher, as the case may be, be excused from attendance at collective worship, any religious observance or any education or instruction in religious subjects at the institution or elsewhere on conscientious grounds, then, until the request is withdrawn, the student or teacher as the case may be, shall be excused.
Religious education in public schools 144. (1) The religious education given to any student in attendance at a
public school pursuant to section 143(3) shall be given in accordance with an agreed syllabus adopted for the school and shall not include any catechism or formulary which is distinctive of any particular religious denomination.
(2) In respect of public schools the Minister may constitute a standing advisory council on religious matters connected with the religious instruction to be given in accordance with an agreed syllabus and in particular, as to methods of teaching, the choice of books, and the provision of lecturers or teachers.
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CHAPTER IX
ISLAND SCHOLARSHIPS AND GRANTS
Montserrat Island scholarships 145. (1) There shall be established scholarships to be called the Montserrat
Island Scholarships. (2) The scholarships shall be open to public competition each year. (3) The scholarships shall be tenable at the University of the West
Indies or at any university, college or institution approved by the Legislative Council.
(4) The Governor in Council may award scholarships annually.
Value of scholarships 146. (1) The scholarships shall be of such annual value as may by notice
from time to time be determined by the Governor in Council and shall be tenable for not less than 3 and not more than 7 years, according to the time required for the completion of the approved course of study.
(2) A notice under subsection (1) may specify differential rates of allowances varying according to the country or the educational institution at which the scholarship is tenable; provided that the rates so fixed shall apply equally to every holder of an award who for the time being falls within a particular category.
Qualifications for scholarship 147. A student shall be eligible to compete for a scholarship if the
student— (a) has for 3 years immediately preceding the examination referred
to in section 148 been bona fide receiving his education either at a school or otherwise in Montserrat;
(b) has passed the Caribbean Examination Council Secondary Examination Certificate General Proficiency examination or any other equivalent examination as may be prescribed by the Governor in Council in 5 or more subjects including English Language;
(c) has satisfied standards of conduct and deportment established by the school which the student attends or by the Ministry of Education;
(d) is a citizen of Montserrat or the child of a citizen of Montserrat or of a person who has acquired the status of a belonger of Montserrat or the child of a foreign person who is resident in
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Montserrat and whose country of citizenship has enacted legislation in terms materially identical to this section and does not discriminate against the citizens of Montserrat in the award of the scholarships similar to those established by this Part.
Examination for scholarship 148. (1) The scholarships shall be awarded by the Governor in Council on
the advise of the Scholarship Committee on the basis of results of the Caribbean Examination Council Advanced Proficiency examination or such other equivalent examination as may be prescribed by the Governor in Council to the students who are reported by the examiners to have the best claim to be awarded the scholarships.
(2) In the event of the examiners reporting that any competitors are equal, the Governor in Council shall award scholarships to such students who have performed best in the Caribbean Examination Council Secondary Examination Certificate Examination.
Entry at proposed institution 149. (1) A scholarship holder shall enter the approved university, college or
institution within a reasonable period after the award of the scholarship and shall keep the prescribed term continuously until the scholarship expires.
(2) No change shall be made by a scholarship holder in either the university or college or institution attended or the approved course of study except with the approval of the Governor in Council.
Forfeiture of scholarship 150. (1) Subject to subsection (2) a scholarship shall be forfeited—
(a) by expulsion of the scholarship holder from the university, college or institution;
(b) by failure of the scholarship holder to pass any examination within the period from time to time fixed by the competent authorities of the university, college or institution unless the Governor in Council is satisfied on the recommendation of the authorities of the university, or college or institution that the scholarship holder has been prevented from passing the examination in circumstances which would not in their judgment justify forfeiture;
(c) if the scholarship holder enters on any course of study or accepts any appointment which is not approved by the Governor in Council;
(d) if the scholarship holder fails to comply with the requirements of this Chapter or of any regulations made thereunder without furnishing satisfactory evidence that the cause of such failure was beyond his control;
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(e) by reason of any event either before or after the scholarship
holder has entered on any course of study which in the opinion of the Governor in Council is likely to be prejudicial to the object for which the scholarship was granted; or
(f) on proof to the satisfaction of Governor in Council of grave misconduct by the scholarship holder at any time after the award.
(2) The Governor in Council may either before or after the scholarship holder has commenced studies, in lieu of declaring the scholarship to be forfeited, forfeit the whole or a portion of the scholarship accruing or payable in respect of any specified period if in the opinion of the Governor in Council the circumstances of the case would be sufficiently met by the adoption of such a course.
Scholar to sign undertaking 151. Every student to whom a scholarship is awarded under this Act shall
sign a bond in such sum and in such manner as may be prescribed, to return, on his obtaining his qualifications, to Montserrat and to serve therein for a period of not less than 3 years provided that the person is offered an appointment appropriate in the opinion of the Governor in Council to his qualifications in the Public Service of Montserrat at such initial remuneration as is paid to holders of like offices in Montserrat.
Travel grants 152. (1) A scholarship holder shall be paid travelling expenses from
Montserrat to the approved university or college or institution and to Montserrat from such university or college or institution.
(2) Any scholarship awarded prior to the commencement of this Act shall be deemed to have been awarded under this Act and shall henceforth be subject to the provisions thereof.
Award of grants and bursaries 153. The Governor in Council may, on such terms and conditions as may
be prescribed by regulations made under this Act, award grants or bursaries to—
(a) selected students of secondary schools; and (b) students and teachers admitted to tertiary educational
institutions, as it thinks advisable.
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CHAPTER X
INSPECTION AND REVIEW OF THE EDUCATION SYSTEM
PART 1
INSPECTION OF EDUCATIONAL INSTITUTIONS
Inspection of educational institutions 154. (1) The Director, an Education Officer, or a public officer authorised
in writing by the Minister shall, at such times and in the manner prescribed, inspect public schools, assisted private schools, and private educational institutions.
(2) Any person who, pursuant to subsection (1) above inspects an educational institution shall—
(a) give such assistance and guidance to the teachers employed at the institution as might promote the good conduct and efficiency of the institution;
(b) advise the principal of the institution on matters relating to its welfare and development; and
(c) give to the Minister, the Board of Management, or, in the case of a private educational institution, the proprietor, a report on the institution.
Educational institutions to be opened for inspections and visits 155. (1) The principal of a public school, an assisted private school and the
proprietor or principal of a private educational institution shall keep the institution open at all times during school hours to visits and inspections—
(a) by the Minister; (b) by the Director; or (c) by any other person authorised in writing by the Minister or the
Director to visit or inspect the institution. (2) Any person who, pursuant to subsection (1) above, inspects an
educational institution may at the request of the Director examine the students in the subjects of instructions taught at the institution.
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Offences 156. A person who—
(a) prevents a person empowered or authorised under this Act from visiting or inspecting a public school, assisted private school or private educational institution; or
(b) assaults or obstructs a person empowered or authorised under this Act to visit or inspect a public school, an assisted private school or a private educational institution during a visit or inspection of such institutions,
commits an offence and is liable on summary conviction to a fine not exceeding $1,000 and in the case of a second or subsequent conviction to a term of imprisonment not exceeding 6 months.
PART 2
REVIEW OF THE EDUCATION SYSTEM
Appointment of Education Review Committee 157. (1) Every 5 years or as soon as practicable thereafter, the Governor in
Council on the recommendation of the Minister of Education, shall appoint an Education Review Committee of not more than 5 members to review and report on the education system of Montserrat in accordance with section 158.
(2) The Education Review Committee shall comprise— (a) a member having relevant knowledge or expertise in education
and who shall be chairperson; (b) one member from either—
(i) a Parent Teacher Association; or (ii) a Board of Management;
(c) one member from organisations concerned with either— (i) community development; or (ii) industry and commerce; or (iii) professional services;
(d) one member representing the teaching profession; and (e) such other member as the Governor in Council in its discretion
thinks fit.
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Review and report of Education Review Committee 158. (1) The Education Review Committee shall review and report on—
(a) the physical conditions and the maintenance of public and assisted private schools;
(b) the suitability of the curriculum, in public and assisted private schools;
(c) the performance of students at— (i) the assessments held in accordance with sections 140(1)
and (2); (ii) annual examinations set and marked by individual schools;
and (iii) examinations set by the Caribbean Examinations Councils;
(d) the organisation of the Ministry of Education and its delivery of education services;
(e) the teaching service, and the number, quality and performance of teachers; and
(f) any other matter which in the opinion of the Educational Review Committee would enhance the quality and delivery of education in Montserrat.
(2) The report of the Education Review Committee shall be submitted to the Minister who shall cause it to be presented before the Legislative Council.
(3) After the report of the Education Review Committee has been laid before the Legislative Council it shall be printed and sold to the public.
CHAPTER XI
APPEALS
Establishment of Education Appeal Tribunal 159. (1) For the purposes of determining appeals under this Act, the
Governor in Council shall appoint an Education Appeal Tribunal. (2) The Governor in Council shall appoint to the Education Appeal
Tribunal— (a) a chairperson; (b) a maximum of 5 other persons of whom one shall be a person
qualified in laws; and
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(c) a secretary who shall be a public officer.
(3) The chairperson and the members of the Education Appeal Tribunal shall be appointed for the terms and in the manner specified by the Governor in Council.
(4) The Governor in Council may solicit and consider nominations for the membership of the Education Appeal Education Appeal Tribunal from groups interested in education in Montserrat.
(5) The chairperson and the members of the Education Appeal Tribunal shall swear an oath of non-disclosure in the form prescribed by the Governor in Council for information gained during an appeal in accordance with this Part.
Composition of tribunal 160. (1) An appeal referred to the Education Appeal Tribunal shall be heard
by the chairperson and 2 or more members chosen by the chairperson. (2) Where possible, the qualifications of the members of the Education
Appeal Tribunal shall be appropriate to the matter under consideration by the Tribunal.
(3) The chairperson may call upon such experts or consultants as are considered advisable to report to the Education Appeal Tribunal.
Mediation 161. Prior to the consideration of an appeal by the Education Appeal
Tribunal, the chairperson may appoint a mediator to attempt to settle the matter under appeal.
Procedure of tribunal 162. (1) In considering the matter being appealed, the Education Appeal
Tribunal may make any investigation it considers necessary. (2) The Education Appeal Tribunal shall set the time, place, and date
for a hearing of the appeal and shall notify the parties to the appeal of the time, place, and date of the hearing.
(3) No decision shall be made by the Education Appeal Tribunal without giving the parties to the appeal an opportunity to make representations either orally or in writing or both.
(4) Parties to an appeal shall pay their own costs. (5) Unless the Education Appeal Tribunal decides otherwise, appeals
shall be held in camera and may be heard in any place or community.
Powers of the Tribunal 163. The Education Appeal Tribunal, in deciding a matter being appealed,
may make an order doing one or more of the following—
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(a) confirming or varying the decision that is under appeal; (b) identifying a student as a student with special educational
needs; (c) determining that an individual education plan be prepared for a
student; (d) directing the Director to implement an individual education
plan in a particular environment including, but not limited to, a regular class;
(e) directing the Director to enroll a student in a school named by the Education Appeal Tribunal;
(f) directing a determination to be made in accordance with section 85;
(g) defining the contents of a student record when the appeal under consideration is pursuant to section 21; and
(h) reinstating to school a student who has been expelled or placed on an indefinite suspension.
Matters to be considered 164. In the determination of an appeal, the Education Appeal Tribunal
shall consider— (a) the educational interests of the student who is the subject of the
appeal; (b) the impact of a decision on the total school or class population;
and (c) any other factor that appears to be relevant to the matter in
dispute.
Final decision 165. The decision of the Education Appeal Tribunal shall be final and
binding upon the parties to the appeal.
Enforcement of order 166. (1) A copy of an order made by the Education Appeal Tribunal shall
be filed with the Registrar of the High Court. (2) On the filing of a copy of an order with the Registrar of the High
Court, the order has the same force and effect as if the order were an order of that Court.
Copy to the Minister and parties 167. A copy of the decision of the Education Appeal Tribunal shall be
sent to the Minister and the parties to the appeal.
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CHAPTER XII
MISCELLANEOUS
Vendors on school premises 168. (1) No person shall sell or offer for sale any services, goods, food,
beverages or any other item on school premises without the written permission of the Director.
(2) A person who wishes to sell or offer for sale services, goods, food, beverages or any other item on the premises of a public school or assisted private school shall apply in writing to the Director through the principal of the particular school, for permission to do so.
(3) Where an application is made under subsection (2) above, the applicant shall submit together with his application a medical certificate from a medical practitioner registered under the Medical Act to the effect that the applicant is free from diseases and is unlikely to be a source of infection to a person at the school.
(4) Where an application is made under subsection (2) above, the Director may after interviewing the applicant and consulting the principal and having considered the suitability of the proposed services, goods, food, beverages or any other item to be sold, grant permission to the applicant, on such terms and conditions as the Director deems fit.
(5) Every person who sells or offers for sale food or drink on school premises shall ensure that the area used by him is in a clean state and that all wrapping or other kinds of litter are collected for disposal.
(6) The sale of food and drink is not to be permitted during lesson periods.
(7) The Director may revoke the written permission given to any vendor who contravenes any of the conditions stated in the permit.
(8) A person who sells or offers for sale food, drink or any other item on the school premises or within the entrance or exit of a public school or assisted private school during school hours without the written consent of the Director commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term of one year.
Prohibition of sale of alcoholic beverages and tobacco 169. Any person who sells, offers or exposes for sale any alcoholic
beverage or tobacco on the premises of any educational institution whether public or private commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term for a period not exceeding one year or both.
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Loitering etc. on school premises
170. (1) Any person who— (a) is found loitering, wandering or otherwise trespassing on the
premises of any educational institution; (b) creates a disturbance on the premises of any educational
institution; (c) while on the premises of any educational institution—
(i) uses threatening or insulting language or in any manner interferes with any student or member of the staff of the educational institution; or
(ii) disrupts any lawful activity conducted on the premises of the educational institution;
(d) in a public place causes or makes a noise that disturbs or is likely to disturb any lawful activity carried out on the premises of an educational institution; or
(e) commits any damage to any school building or other property found on the premises of, or forming part of the compound of an educational institution,
is guilty of an offence and is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or both.
(2) A person who commits an offence under subsection (1) above, may be arrested by any member of the Police Force, with or without a warrant.
(3) A prosecution for an offence under this section in relation to a public school or an assisted private school may be brought in the name of the Director.
CHAPTER XIII
REGULATIONS
Regulations 171. (1) Subject to the provisions of this Act, the Governor in Council may
make regulations generally for the proper carrying out of the goals and objectives of this Act.
(2) Without restricting the generality of subsection (1) above, the Governor in Council may make regulations—
(a) concerning the management and conduct of public schools and assisted private schools;
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(b) concerning the control and management and conduct and
registration of private educational institutions and in particular in respect of—
(i) the size of the classrooms and their equipment, the number of students that may occupy each classroom and the necessary sanitary facilities to be provided;
(ii) the registers and other records to be kept by proprietors of private schools and the particulars to be furnished to the Ministry by the proprietors;
(iii) the suitability of premises; (vi) the suitability of the curriculum and courses and methods
of instructions; and (v) generally for more effectively carrying out the provisions
of this Act in respect of private educational institutions; (c) prescribing the standard to which the premises of educational
institutions are to conform; (d) concerning the purposes for which the premises of a public
school may be used; (e) prescribing the financial or other assistance and the conditions
subject to which such assistance is given to any educational institution, or class of educational institutions specified in such regulations;
(f) concerning the admission of students to public schools and assisted private schools the discipline of such students, the keeping by public schools and assisted private schools of a school record of each student, the particulars to be included in the record and the disposal of the record;
(g) concerning the admission of persons to teachers’ colleges and the conditions of admission;
(h) respecting— (i) the admission or transfer of students to public secondary
schools and assisted private secondary schools; and (ii) the qualifying examinations for admission;
(i) concerning the management and accounting by principals and teachers of public schools and assisted private schools of—
(i) moneys or property payable to or vested in the school; (ii) moneys derived from fund-raising activities; (iii) moneys and other property derived by way of gift, bequest,
trust, or donations, or in any other manner whatsoever; (j) respecting special or home education;
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(k) prescribing the division into which students of teachers’
colleges are to be classified and the conditions for the selection of students for those divisions and for their admission to or continuation in or removal from, teachers colleges in those divisions;
(l) prescribing the course and curricula for students of the various divisions in teachers’ colleges;
(m) providing for the certification and registration of teachers completing courses of training;
(n) concerning the terms of employment including grading, promotion, and leave and payment of salaries and other remuneration to teachers;
(o) concerning the establishment, administration, organisation, inspection and classification and discontinuance of schools, including pre-primary schools and schools for children with special needs;
(p) concerning the award of scholarships, bursaries, grants and other financial assistance for tertiary education and specifying the value and other conditions subject to which scholarships grants, and bursaries may be held or other financial assistance given;
(q) prescribing the academic year, hours of school, terms and vacations of public schools and assisted private schools;
(r) prescribing the case in which, and the matters for which, fees may be charged in public schools;
(s) concerning the inspection of public schools, assisted private schools and private educational institutions;
(t) concerning the constitution, rights, power and responsibilities of Student Councils and of the National Students Council;
(u) embodying any collective agreement arrived at between the Ministry of Education and the Montserrat Union of Teachers concerning the conditions of service of teachers represented by that union, or between the Ministry and any other body representing members of the teaching profession in respect of such members;
(v) prescribing anything which by this Act is to be prescribed. __________
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FIRST SCHEDULE
(Section 9(6))
EDUCATION ADVISORY COMMITTEE
Definition
1. In this Schedule, “Committee” means the Education Advisory Committee appointed under section 9 of the Education Act.
Temporary appointment
2. In the absence or in the case of the inability to act of a member, the Governor in Council may appoint any person from the group that member represents to act temporarily in place of such member.
Resignation of members
3. (1) Any member of the Committee, other than the chairperson may at any time resign from the Committee by instrument in writing addressed to the Minister and transmitted through the chairperson and from the date of the receipt by the Minister of such instrument such member shall cease to be a member of the Board.
(2) The chairperson may at any time resign his office as a member of the Committee by instrument in writing addressed to the Minister such resignation to take effect from the date of the receipt of such instrument by the Minister.
Forfeiture of membership
4. Any member of the Board who fails to attend 3 consecutive meetings without excuse acceptable to the Committee shall cease to be a member.
Filling of vacancies
5. If any vacancy occurs in the membership of the Committee such vacancy shall be filed by the appointment of another member who may, subject to this Schedule hold office for the remainder of the period for which the previous member was appointed, but such appointment shall be made in the same manner and from the same category of persons, if any, as the appointment of the previous member.
Publication of membership
6. The names of all members of the Committee as first constituted and every change in the membership shall be published in the Gazette.
Constitution not affected by vacancy
7. The Committee shall be deemed to be properly constituted for the purpose of this Schedule notwithstanding any vacancy among its members or any defect in their appointments.
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Meetings
8. (1) The Committee shall meet at least 3 times a year and at such other times as may be convenient or expedient for the transaction of business and at such places as the chairperson may determine.
(2) Subject to this Schedule, the Committee may regulate its own procedure.
Special meetings
9. The chairperson may at any time call a special meeting of the Committee and shall call a special meeting within 14 days of a requisition for that purpose addressed to him by any 5 members.
Person to preside at meetings
10. The chairperson or, in his absence, the deputy chairperson shall preside at the meetings of the Committee, and in the case of the absence of both the chairperson and the deputy chairperson, the members present and constituting a quorum shall elect a temporary chairperson from among the members present.
Voting
11. The decisions of the Committee shall be by a majority of votes of the members present and, in addition to an original vote, the chairperson or any other person presiding at the meeting shall have a casting vote in any case in which the voting is equal.
Quorum
12. The quorum of the Committee at any meeting shall be 6.
Minutes
13. Minutes of the proceeding of the Committee shall be kept in proper.
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SECOND SCHEDULE
(Sections 54, 61, 67 and 68)
CONSTITUTION, PROCEDURE AND FUNCTIONS OF BOARDS OF MANAGEMENT
Interpretation
1. In this Schedule “Board” means a Board of Management appointed under sections 54, 61, 67 and 68 of the Education Act.
Chairperson and Deputy Chairperson
2. (1) Except in cases of Boards establishment under sections 67 and 68 of the Education Act, a Board shall elect a chairperson and a deputy chairperson from among its members.
(2) The membership of a Board as first constituted and any changes therein shall be notified in the Gazette.
Filing of vacancies
3. If any vacancy occurs in the membership of a Board such vacancy shall be filled by the appointment of another member in the manner indicated in section 54, 61, 67 or 68 (as the case may be), and such person shall hold office for the remainder of the period for which the previous member was appointed, provided however, that such appointment shall be made in the same manner and from the same category of persons, if any, as the appointment of the previous member.
Employment of member
4. (1) No member of a Board may be appointed to any office or employment under the Board of which he is a member.
(2) No person is eligible for appointment to any office or employment under a Board within one year from the date on which the person last held office or acted as a member of that Board.
Duration of membership
5. (1) Every member of a Board shall hold office for a term of 3 years unless, before the end of the term the member dies, resigns, is removed from office for any cause by the Minister or the appointing authority under sections 67 and 68 of the Education Act or ceases to be a member in accordance with subsection (3) below.
(2) Every member is eligible for reappointment for a further term.
(3) Any member of a Board who fails without reasonable cause to attend 3 consecutive meetings of the Board shall cease to be a member thereof.
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(4) A member of Board may at any time resign his office by instrument in
writing addressed to the Minister and transmitted through the chairperson in cases of Boards established in public schools and through the denomination or proprietor in cases of Boards established for private assisted schools provided that the resignation shall be effective from the date of receipt by the Minister of such instrument.
(5) The chairperson may at any time resign office by instrument in writing addressed to the Minister in cases of Boards established in public schools and the denomination or proprietor in cases of Boards established in private assisted schools provided that the resignation shall be effective from the date of receipt by the Minister of such instrument.
Meetings
6. (1) A Board shall meet at least once in every school term and at such other times as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times on such days as the chairperson may determine.
(2) The chairperson may at any time summon a meeting of a Board and shall summon a meeting within 7 days—
(i) on a request for that purpose addressed to the chairperson by any 3 members of a Board; or
(ii) on a direction to that effect addressed to the chairperson by the Minister.
(3) The chairperson, or in his absence the deputy chairperson, shall preside at any meeting of a Board.
(4) At any meeting of a Board, in case of the absence or inability to act of both the chairperson and the deputy chairperson, the members of the Board shall elect one of their members to preside at that meeting.
Quorum
7. At any meeting of a Board a quorum shall be the minimum number constituting a majority of the total members of the Board.
Decisions
8. The decisions of a Board shall be by a majority of the votes of the members present and constituting a quorum, but in any case in which the voting is equal the chairperson, deputy chairperson or other member presiding at the meeting shall in addition to an original vote, have a casting vote.
Minutes
9. (1) Minutes in proper form of each meeting of a Board shall be kept by the secretary or such other person as the Board may appoint for the purpose and shall be confirmed by the Board at its next meeting and signed by the chairperson or other person presiding at that meeting, and the secretary of the Board.
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(2) A copy of the Minutes of each meeting as recorded by the secretary or such
other person appointed for that purpose shall be submitted to the Minister within one month of the confirmation of the minutes.
Attendance of Director
10. (1) The Director may attend any meeting of a Board or a committee or sub- committee thereof or may be represented at any such meeting by a public officer authorised by him in that behalf.
(2) The Director or his representative may take part in the proceedings of any such meeting but shall not be entitled to vote or otherwise take part in the decision- making process of any such meeting.
Appointment of committees
11. (1) A Board may appoint a committee for any of the purposes of the Board which in its opinion would be better regulated or managed by means of a committee, with or without restrictions or conditions, as it thinks fit.
(2) The number of members of a committee appointed under this section and their terms of office shall be fixed by the Board.
(3) A committee appointed under this section may include persons who are not members of the Board but the chairperson and at least two-thirds of the members of every committee shall be members of the Board.
(4) Any committee appointed by a Board under this section may, subject to any restrictions imposed by the Board, appoint a subcommittee of its members as it may determine.
(5) Any sub-committee appointed under this section shall be constituted in such manner as, subject to any restrictions imposed by the Board, may be determined by the appointing committee; but the chairperson and at least two-thirds of the members of every sub-committee shall be members of the Board.
(6) Subject to any restrictions imposed by the Board where a committee appointed by the Board appoints a sub-committee in the exercise of the powers conferred on it by subsection (4), it may delegate to the sub-committee, with or without restrictions or conditions as it thinks fit, any of its functions.
Power to delegate
12. Without prejudice to paragraph 11, a Board, after consultation with the Minister, may delegate to any committee such of its functions as it considers appropriate subject to such restrictions or conditions as it thinks fit.
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THIRD SCHEDULE
(Section 116)
PROCEDURE OF TECHNICAL AND VOCATIONAL AND TRAINING COUNCIL
Definition
1. In this Schedule, “Council” means the Technical and Vocational Education and Training Council appointed under section 116 of the Education Act.
Duration of appointment
2. A member of the Council holds office for a term of 3 years unless he dies, resigns or has his appointment revoked before the end of that term, but—
(a) a person who is appointed to fill a vacancy created by the death, resignation or removal from office of a member shall hold office only for the unexpired portion of the term of that former member; and
(b) every member is, on the expiration of the term of his appointment, eligible for re-appointment for a further term.
Leave of absence
3. The Minister may grant leave of absence to a member of the Council and may appoint a person to act temporarily in the place of that member.
Resignation of member
4. A member of the Council other than the chairperson may resign office by instrument in writing addressed to the Minister transmitted through the chairperson and, from the date of the receipt of the instrument by the Minister if no date is specified therein, that member ceases to be a member of the Council.
Resignation of chairperson
5. The chairperson may at any time resign his office by instrument in writing addressed to the Minister and, from the date of the receipt of such instrument by the Minister if no date is specified therein he ceases to be chairperson and to be a member of the Council.
Quorum
6. 4 members of the Council shall form a quorum.
Decisions
7. Decisions of the Council shall be made by a majority of members present and voting, and where the voting is equal the chairperson, in addition to his original vote, shall have a casting vote.
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Frequency of meetings
8. The Council is required to meet at such times as may be expedient for the transaction of business and such meeting shall be held at such places and times and on such days as the Council determines.
Special meeting
9. The chairperson or, in the event of his being absent from Montserrat or for any reason being unable to act, the deputy chairperson, shall call a special meeting within 7 days after receiving a requisition to do so by any 4 members of the Council.
Minutes
10. Minutes of each meeting shall be duly kept by the Secretary or other person appointed by the Council for the purpose, and shall be confirmed by the Council at its next meeting and signed by the chairperson or other person presiding at that meeting and the Secretary.
Co-opting of other persons
11. The Council may co-opt persons to attend any of its meetings for the purpose of assisting or advising it respecting any matters with which it is dealing, but a co- opted member does not have a right to vote.
Procedure
12. Subject to this Schedule, the Council may regulate its own procedure.
Documents
13. All documents made by, and all decisions of, the Council are to be signed under the hand of the chairperson or any member authorised to act in that behalf, or by the Secretary.
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FOURTH SCHEDULE
(Section 119)
CONSTITUTION OF COMMITTEES
Definition
1. In this Schedule—
(a) “Council” means the Technical and Vocational Education and Training Council appointed under section 123 of the Education Act; and
(b) “committee” means a committee appointed by the Technical and Vocational Education and Training Council under section 120 of the Education Act.
Composition
2. (1) A committee shall consist of not more than 5 persons.
(2) The Council shall, appoint one member of that committee to be chairperson.
Acting member
3. (1) A member of a committee may, with the permission of the chairperson of that committee, appoint a person to act for him in the event of his absence from a particular meeting.
(2) No person appointed to act as a member of a committee in pursuance of subsection (1) may appoint a person to act for himself nor may he be appointed to act for more than one member.
Duration of membership
4. A member of a committee shall hold office for a period not exceeding 3 years, but is eligible for re-appointment.
Vacancy
5. Where a vacancy occurs in respect of a committee, the Council may appoint a person to fill that vacancy for the unexpired portion of the period in respect of which the vacancy occurs.
Revocation of membership
6. The Council may revoke the appointment of a member of a committee who—
(a) is absent from 3 consecutive meetings of the committee without leave of the Council;
(b) is absent from Montserrat for 3 months or more without notifying the Council;
Education CAP. 16.01 99 Revision Date: 1 Jan 2008
LAWS OF MONTSERRAT
(c) is unable to perform his duties as a member of the committee; or
(d) fails to comply with a direction given by the Council.
Secretary
7. The Council may assign a person to be the secretary of a committee.
Frequency of meetings
8. A committee shall meet as often as the chairperson decides, but at intervals not exceeding 4 months.
Quorum
9. The chairperson and 2 other members of a committee shall constitute a quorum.
Decisions
10. Decisions of a committee are to be by a majority of votes, and where voting is equal, the chairperson, in addition to his original vote, has a casting vote.
Co-opting
11. A committee may co-opt persons to attend any of its meetings for the purpose of assisting or advising it with respect to any matter with which it is dealing, but a co- opted person is not entitled to vote and shall not be counted for the purpose of constituting a quorum.
Establishment of sub-committees
12. A committee may establish a sub-committee to assist in the performance of its functions and may co-opt to serve on any such sub-committee, any person whose assistance and advice the committee considers necessary for the purpose for which the sub-committee is established.
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