Education Act


Published: 1962-09-01

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Education Act
EDUCATION [CH.46 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

EDUCATION

CHAPTER 46

EDUCATION

ARRANGEMENT OF SECTIONS

PRELIMINARY

SECTION

1. Short title and commencement.
2. Interpretation.


PART I
CENTRAL ADMINISTRATION


3. Duties and responsibilities of the Minister.
4. Powers of the Minister.
5. Establishment of Department of Education.
6. Duties of Director.
7. Establishment of National Advisory Council.
8. Duties of Council.
9. Meetings of Council.
10. Annual Report.


PART II
THE STATUTORY SYSTEM OF EDUCATION



The Three Stages of the System

11. Stages and purpose of statutory system of education.

Provision and Maintenance of Primary and Secondary Schools

12. Duty of Minister to secure provision of primary and secondary schools.
13. Powers of Minister to establish, maintain or assist primary and secondary schools.

Management of Primary Schools and Secondary Schools

14. School Boards.

CH.46 – 2] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Secular Instruction and Appointment and Dismissal of Teachers
in Maintained or Assisted Schools

15. Secular instruction in maintained and assisted schools.
16. Contracts, etc., of Board of Education.

Religious Education in Maintained Schools

17. General provisions for religious education in maintained schools.
18. Special provisions as to religious education in maintained schools.
19. Religious education in schools other than maintained schools.

Primary and Secondary Education of Pupils Requiring
Special Educational Treatment

20. Education of pupils requiring special educational treatment.
21. Minister to ascertain what children require special educational treatment.

Compulsory Attendance at Primary and Secondary Schools

22. Compulsory school age.
23. Duty of parents to secure the education of their children.
24. School attendance orders.
25. Duty of parents to secure regular attendance of registered pupils.
26. Penalties for offences under sections 24 and 25.

Further Education

27. General duties of Minister in respect of further education.
28. Power of Minister to establish centres for further education.
29. Control of other institutions for further education.
30. Use of word “university”, etc.

Supplementary Provisions as to Primary, Secondary
and Further Education

31. Medical inspection and treatment of pupils.
32. Provision of facilities for recreation and social and physical training.
33. Power to ensure cleanliness.
34. Provision of transport.
35. Power to provide primary and secondary education otherwise than at school.
36. Duty of Minister in respect of pupils incapable of receiving education at school.

EDUCATION [CH.46 – 3


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Employment of Children

37. Power of Minister to prohibit or restrict employment of children.

Miscellaneous Provisions

38. Prohibition of fees in schools maintained by the Minister.
39. Duties of Minister as to the training of teachers.


PART III
INDEPENDENT SCHOOLS


40. Registration of independent schools.
41. Complaint.
42. Determination of complaints.
43. Enforcement.
44. Removal of disqualifications.
45. Rights of registered independent schools.
46. Returns.


PART IV
GENERAL



General Principle to be Observed by the Minister

47. Pupils to be educated in accordance with the wishes of their parents.

Miscellaneous Provisions

48. Inspection.
49. Provision of certain medical services for pupils not in attendance at

schools maintained by the Minister.
50. Registration of pupils at schools.
51. Power of Minister to give assistance by means of scholarships or

otherwise.
52. Power of Minister to give assistance to schools not maintained by him.
53. Notices.
54. Saving as to persons of unsound mind and persons detained by order of

a court.
55. Power of Minister to make regulations.
56. Power to amend First and Third Schedules.

CH.46 – 4] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

57. Expenses.
58. Method of supply and withdrawal of funds.
59. Minister may order production of books of account.
60. Appointment of auditors.
61. Additional auditing responsibilities.
62. Regulations by Minister of Finance.

FIRST SCHEDULE. — Management of Maintained Schools.
SECOND SCHEDULE. — Exempt Schools.
THIRD SCHEDULE.

EDUCATION [CH.46 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 46

EDUCATION

An Act to consolidate and amend the law relating to
education within the Bahama Islands.

[Assent 23rd May, 1962]
[Commencement 1st September, 1962]

1. This Act may be cited as the Education Act.
2. (1) In this Act, unless the context otherwise

requires, the following expressions have the meanings
hereby respectively assigned to them, that is to say —

“alterations” in relation to any school premises,
includes any improvements or enlargements
which do not amount to the establishment of a
new school;

“assist” in relation to any school or institution has the
meaning assigned to it by subsection (2) of this
section;

“child” means a person who is not over compulsory
school age;

“compulsory school age” has the meaning assigned
to it by section 22 of this Act;

“contract service” means employment in the public
service of The Bahamas for a fixed period of
time whether or not such employment is
renewable on expiration of such fixed period of
time;

“Council” means the National Advisory Council for
Education established under section 7 of this
Act;

“Department” means the Department of Education
established under section 5 of this Act;

“Director” means the Director of Education referred
to in section 5 of this Act;

15 of 1962
26 of 1963
57 of 1963
56 of 1965
8 of 1968
30 of 1968
15 of 1970
E.L.A.O., 1974
5 of 1987
21 of 1996

Short title.

Interpretation.

21 of 1996, s. 2.

21 of 1996, s 2.

CH.46 – 6] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“exempt school” means a school referred to in the
Second Schedule to this Act;

“further education” has the meaning assigned to it by
section 27 of this Act;

“independent school” means any school at which
full-time education is provided for five or more
pupils of compulsory school age (whether or
not such education is also provided for pupils
under or over that age), not being a school
maintained by the Minister;

“institution for the provision of further education”
has the meaning assigned to it by section 29 of
this Act;

“maintain” in relation to any school or other
educational establishment has the meaning
assigned to it by subsection (2) of this section;

“medical inspection” means inspection by or under
the direction of a medical officer employed or
engaged, whether regularly or for the purpose
of a particular case, by the Minister or the
Minister of Health;

“medical officer” means a duly qualified medical
practitioner employed or engaged, whether
regularly or for the purposes of any particular
case, by the Minister or the Minister of Health;

“medical treatment” includes assessment, examina-
tion and treatment by any duly qualified
medical practitioner;

“Minister” means the Minister responsible for Edu-
cation;

“parent”, in relation to any child or young person,
includes a guardian and every person who has
the actual custody of a child or young person;

“premises”, in relation to any school, includes any
detached playing fields, but, except where
otherwise expressly provided, does not include
a teacher’s dwelling house;

“primary education” has the meaning assigned to it
by section 12 of this Act;

15 of 1970, s. 2.

57 of 1963, s. 17.

21 of 1996, s. 2.

E.L.A.O., 1974.

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“primary pupil” means a child who has not attained
the age of twelve years;

“primary school” means, subject to the provisions of
subsection (3) of this section, a school for
providing primary education;

“proprietor”, in relation to any institution for the
provision of further education or school, means
the person or body of persons responsible for
the management of the institution for the
provision of further education or school, and for
the purposes of the provisions of this Act
relating to applications for the registration of
independent schools, includes any person or
body of persons proposing to be so responsible;

“pupil”, where used without qualification, means a
person of any age for whom education is
required to be provided under this Act;

“registered pupil” means, in relation to any school, a
pupil registered as such in the register kept in
accordance with the requirements of this Act,
but does not include any child who has been
withdrawn from school in the prescribed
manner;

“registered school” means an independent school
registered in the register of independent
schools, whereof the registration is final;

“regulations” means regulations made by the Minis-
ter under the provisions of this Act;

“school” means an institution for providing primary
or secondary education or both primary and
secondary education being a school maintained
by the Minister or an independent school, and
the expression “school” where used without
qualification shall include any such school or all
such schools as the context may require;

“school year” shall have the meaning assigned to it in
section 10 of this Act;

“secondary education” has the meaning assigned to it
by section 12 of this Act;

“secondary pupil” means a person who has attained
the age of twelve years but has not attained the
age of nineteen years;

21 of 1996, s. 2.

15 of 1970, s. 2.

57 of 1963, s. 17.

21 of 1990, s. 2.

CH.46 – 8] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“secondary school” means, subject to the provisions
of subsection (3) of this section, a school for
providing secondary education;

“special educational treatment” has the meaning
assigned to it by subsection (2)(c) of section 12
of this Act;

“special school” means a school, set aside for that
purpose, wherein special educational treatment
is provided for pupils suffering from any
disability of mind or body;

“statutory educational system” means the educational
system established, maintained or operated by
the Minister under the provisions of this Act;

“trained teacher” means a teacher, senior teacher,
master teacher or senior master or senior
mistress who is classified by the Minister as
being qualified academically and professionally
and is the holder of a certificate issued by the
Minister in that behalf;

“young person” means a person over compulsory
school age who has not attained the age of
nineteen years.

(2) For the purposes of this Act —
(a) the duty of the Minister to maintain a school or

other educational establishment shall include
the duty of defraying all the expenses of
maintaining the school or other educational
establishment;

(b) where the Minister makes to the proprietor of
any school or other educational establishment
which is not maintained by the Minister, any
grant in respect of the school or other
educational establishment, or any payment in
consideration of the provision of educational
facilities thereat, the school or other
educational establishment shall be deemed to
be assisted by the Minister.

(3) So long as any school is used for providing both
primary and secondary education, references in this Act to
primary schools shall be construed as including references
to that school, and references therein to secondary schools
shall be construed as excluding any reference thereto:

21 of 1996, s. 2.

EDUCATION [CH.46 – 9


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Provided that where the primary education provided
in any such school is provided in a separate department, the
Minister may direct that for purposes of this Act the school
shall be deemed to be a secondary school, and such
references as aforesaid shall be construed accordingly.

(4) For the purposes of this Act, a pupil in
attendance at a school who attains any age during the term
of the school shall be deemed not to have attained that age
until the end of the term.

PART I
CENTRAL ADMINISTRATION

3. (1) The duties of the Minister shall be to promote
the education of the. people of The Bahamas by the
progressive development, in so far as the resources of the
Minister permit, of schools and other educational estab-
lishments devoted to that end.

(2) The purpose of such development shall be to
enable the children of The Bahamas to understand their
privileges and responsibilities as members of the commu-
nity, to contribute to the progress and well-being of The
Bahamas by the full development of their natural abilities,
and to earn an adequate livelihood as adults.

4. The Minister shall have the Superintendence,
direction and control of all primary, secondary and further
education in The Bahamas which is wholly maintained
from Government funds, and may, for these purposes, by
Order designate any group of secondary or primary schools
in New Providence, or any Family Island, groups of Family
Islands or a part of a Family Island as a School District.

(2) Subject as hereinafter provided, the Minister
shall have the superintendence and general oversight of all
other primary, secondary and further education in The
Bahamas.

(3) The Minister shall have authority, in so far as his
resources permit, to establish, administer or discontinue
those institutions and ancillary services required by the
statutory educational system, and to make such regulations
in this behalf as he may deem necessary from time to time.

Duties and
responsibilities of
the Minister.

Powers of the
Minister.
21 of 1996, s. 3.

CH.46 – 10] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) Any immovable property which immediately
prior to the 7th day of January 1964, vested in the Board of
Education shall upon such date vest in the Treasurer who
shall hold the same in trust for Her Majesty in right of Her
Government of The Bahamas for the purposes of this Act.

(5) Any movable property so vested in the said
Board shall on the said date vest in the Minister for the
purposes of this Act.

5. There shall be established a Department of Educa-
tion which shall comprise a Director of Education, Deputy
Directors, Assistant Directors, District Superintendents and
such other officers as may from time to time be authorised by
Parliament.

6. The Director shall be responsible for the organiza-
tion and administration of the Department and shall be the
professional adviser and technical executive officer of the
Minister.

7. (1) There shall be established a National
Advisory Council for Education for the purpose of making
available to the Minister advice on educational matters from
the general public and from educational bodies and institu-
tions outside the statutory educational system:

Provided that nothing in this section shall preclude
the appointment by the Minister, or by the Director of such
special advisory committees on educational matters as may
be deemed necessary from time to time.

(2) The Council shall consist of eleven members to
be appointed by the Minister, and the Minister shall
appoint a member of the Council to be Chairman thereof.

(3) The Director shall appoint an officer of the
Department of Education to be the Secretary to the
Council.

8. It shall be the duty of the Council to advise the
Minister upon such matters connected with education as it
thinks fit, and upon any matters referred to it by the
Minister.

57 of 1963, s. 4.

Establishment of
Department of
Education.
21 of 1996, s. 4.

Duties of
Director.
21 of 1996, s. 5.

Establishment of
National Advi-
sory Council.
21 of 1996, s. 6.

E.L.A.O., 1974.

E.L.A.O., 1974.

57 of 1963, s. 6.
21 of 1996, s. 6.

21 of 1996, s. 7.

Duties of Coun-
cil.

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9. The Minister may by rules make provision for
the term of office and conditions of retirement of
members of the Council, but subject to the provisions of
any such rules, the meetings and procedure of the
Council shall be such as may be determined by that
Council.

10. (1) The Minister shall lay on the table of each
House of Parliament during the month of December or as
soon as practicable thereafter in every year a report
describing the work of his Ministry and the state of
education generally in The Bahamas during the school year
immediately preceding, together with statements showing
the expenditure incurred by the Ministry on the various
forms of educational work during that year in accordance
with the provisions of this Act.

(2) For the purposes of this section, a school year
shall be deemed to be the period from the first day of
September in any calendar year to the thirty-first day of
August of the succeeding calendar year.

PART II
THE STATUTORY SYSTEM OF EDUCATION

The Three Stages of the System
11. The statutory educational system shall be orga-

nized in three progressive stages to be known as primary
education, secondary education and further education; and
it shall be the duty of the Minister, so far as his resources
permit, to contribute towards the spiritual, moral, mental
and physical development of the community by ensuring
that efficient education throughout these stages shall be
available to meet the needs of the population.

Provision and Maintenance of Primary and
Secondary Schools

12. (1) It shall be the duty of the Minister to ensure
that there shall be available in The Bahamas sufficient
schools —

(a) for providing primary education, that is to say,
full-time education suitable to the ages, abilities
and aptitudes of primary pupils; and

Meetings of
Council.

57 of 1963, s. 8;
E.L.A.O., 1974.

Annual Report.

Stages and pur-
pose of statutory
system of
education.

Duty of Minister
to secure provi-
sion of primary
and secondary
schools.
21 of 1996, s. 8.

CH.46 – 12] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) for providing secondary education, that is to say,
full-time education suitable to the needs of
secondary pupils, other than such full-time
education as may be provided in pursuance of a
scheme made under the provisions of this Act
relating to further education.

The schools provided under this section shall afford,
in so far as the Minister’s resources permit, opportunities
to all pupils for education offering the variety of instruction
and training desirable in view of their different ages,
abilities and aptitudes, and of the different periods for
which they may be expected to remain at school, including
practical, technical and vocational instruction and training
appropriate to their respective needs.

(2) In discharging his duties under this section, the
Minister shall, in so far as his resources permit, have
regard to —

(a) the need for ensuring that primary and secondary
education are provided in separate schools;

(b) the need for ensuring the provision of accommo-
dation for those pupils from the Family Islands for
whom education outside their home district is
considered by the Minister and by their parents to
be desirable;

(c) the need for ensuring that provision is made for
pupils who suffer from any disability of mind or
body by providing, in special schools or
otherwise, special educational treatment, that is
to say, education by special methods appropriate
for persons suffering from that disability; and

(d) the desirability of making provision for pupils
who have not attained the age of five years by
providing for the overall establishment, adminis-
tration and supervision of preschools.

Provided that paragraph (a) of this subsection shall
not have effect in regard to special schools.

13. (1) For the purpose of discharging his duties
under this Act, the Minister shall have power to —

(a) establish, maintain, or discontinue primary and
secondary schools (other than exempt schools);

21 of 1996, s. 8.

21 of 1996, s. 8.

21 of 1996, s. 8.

Powers of Minis-
ter to establish,
maintain, or as-
sist primary and
secondary
schools.
21 of 1996, s. 9.

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(b) maintain such schools whether originally
established by the Minister, or not; and

(c) assist any school which is not maintained by the
Minister, including all independent schools and
exempt schools.

(2) Subject to the provisions of section 52 of this
Act, the conditions under which assistance may be given to
primary or secondary schools not maintained by the
Minister, and the form and method of applications for such
assistance, save as hereinafter provided, shall be set forth
in regulations made under this Act:

Provided that the amount of any grant-in-aid payable
to any secondary school immediately before the coming
into operation of this Act, shall not be reduced by
regulations made under this subsection without due notice
and without the opportunity being given to such school to
comply with the regulations made under this section of this
Act.

Management of Primary Schools and Secondary Schools
14. (1) The Minister may for every school maintained

by him establish a School Board which shall consist of not
less than three members and not more than nine members:

Provided that for each school specified in the Third
Schedule there shall be a School Board which shall consist
of nine members.

(2) The members of a School Board shall be citizens
of The Bahamas eighteen years of age and over elected by
parents or guardians of children attending the school in
such a manner as may be prescribed by the Minister.
Members shall be elected for a period of three years at a
time. For the purpose of electing members, the Principal of
a school shall maintain a register of parents and guardians
whose children attend the school. The Chairman of the
School Board shall be elected by the members of the
School Board.

(3) Where no School Board is established, each
Council of a local government district shall make provision
for the maintenance and upkeep of public school buildings
and their environs.

21 of 1996, s. 10.

School Boards.
21 of 1996, s. 11.

Third Schedule.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) The Instrument of Management providing for the
constitution and procedure of the School Board shall be that
set forth in Part I of the First Schedule to this Act.

(5) The Articles of Management providing for the
general administration of the school and for the relations
between the Minister, the School Board and the Principal
shall be those set forth in Part II of the First Schedule to
this Act.

(6) For the purposes of this section the term
“school” shall include those Family Island schools which,
by reason of local conditions, may have on their rolls a
number of secondary pupils.

Secular Instruction and Appointment and
Dismissal of Teachers in Maintained and

Assisted Schools
15. In every maintained school the secular

instruction given to the pupils shall, except in so far as may
be otherwise provided by the instrument of Management
and Articles of Management, as the case may be, of the
school, be under the control of the Minister.

(2) The secular instruction given to the pupils in
every assisted school, save in so far as may be otherwise
provided by the conditions in accordance with which
assistance is granted to the school, shall be under the
control of the proprietors of the school.

(3) The power to control the secular instruction
provided in any school shall include power to determine
the times at which the school session shall begin and end in
any day, to determine the times at which the school terms
shall begin and end, and to determine the school holidays,
and to require that pupils in attendance at the school shall
attend any class not conducted on the school premises for
the purpose of receiving instruction or training included in
the secular curriculum of the school.

16. All contracts and appointments made by the
Board of Education which were valid and subsisting
immediately prior to the seventh day of January 1964,
shall thereafter be deemed to have been made by the
Minister for and on behalf of the Government of The
Bahamas.

First Schedule.

First Schedule.

Secular instruc-
tion in main-
tained and
assisted schools.
21 of 1996, s. 13.

Contracts, etc of
Board of
Education.
57 of 1963, s. 12.

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Religious Education in Maintained Schools
17. (1) Subject to the provisions of this section, the

school day in every maintained school shall begin with
collective worship on the part of all pupils in attendance at
the school, and the arrangements made therefor shall
provide for a single act of worship attended by all pupils
unless the school premises are such as to make it
impossible to assemble them for that purpose.

(2) Subject to the provisions of this section, religious
instruction shall be given in every maintained school.

(3) It shall not be required, as a condition of any
pupil attending any maintained school, that he shall attend
or abstain from attending any Sunday school or any place
of religious worship.

(4) If the parent or guardian of any pupil in
attendance at any maintained school requests in writing
that he be excused from attendance at religious worship or
religious instruction at the school, or from both, then, until
the request is withdrawn, the pupil shall be excused from
such attendance accordingly:

Provided that excuse from such attendance shall not
alter the pupil’s liability to come to school at the starting
time or to remain there during normal school hours.

18. (1) The collective worship required by subsection
(1) of section 17 shall not in any maintained school be
distinctive of any particular religious denomination, and the
religious instruction given to pupils in any such school shall be
given in accordance with a syllabus prescribed by the Minister
and shall not include any catechism or formulary which is
distinctive of any particular religious denomination.

(2) No teacher in any maintained school shall be
required to give the religious instruction prescribed by the
Minister, if such teacher conscientiously and bona fide
objects to give such instruction on religious grounds.

19. The religious instruction given to pupils in
attendance at all schools other than maintained schools
shall be under the control of the proprietors of such
schools.

General provi-
sions for religious
education in
maintained
schools.

Special provi-
sions as to reli-
gious education
in maintained
schools.

Religious educa-
tion in schools
other than main-
tained schools.

CH.46 – 16] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Primary and Secondary Education of Pupils
Requiring Special Education Treatment

20. (1) Regulations shall be made defining the
several categories of pupils requiring special educational
treatment and making provision as to the special methods
appropriate for the education of pupils of each category.

(2) Arrangements made by the Minister for the
special educational treatment of pupils of any such
category shall, in so far as the resources of the Minister
permit, provide for the education of pupils with serious
disabilities in special schools, or where the disability is not
serious, the arrangements may provide for the giving of
such education in any school maintained by the Minister:

Provided that, in cases where facilities for special
educational treatment do not exist, the Minister shall not be
obliged to accept into any maintained school a pupil with a
disability of body or mind, where the acceptance of such
pupil would, in the view of the Minister, adversely affect
the education of other pupils in attendance at the school.

(3) The regulations made under this section with
respect to special schools shall secure that, as far as
practicable, every pupil in attendance at any such school
shall attend religious worship and instruction, or shall be
withdrawn from such religious worship and instruction in
accordance with the wishes of his parent or guardian.

21. (1) It shall be the duty of the Minister to
ascertain, in so far as his resources permit, what children
require special educational treatment; and, for the purpose of
fulfilling that duty, any officer of the Department of
Education may, by notice in writing served upon the parent
of any child who has attained the age of five years, require
him to submit the child for examination by a Government
medical officer for advice as to whether the child is
suffering from any disability of mind or body and as to the
nature and extent of such disability; and if a parent upon
whom such a notice is served, fails without reasonable
excuse to comply with the requirements thereof, he shall be
guilty of an offence and shall be liable on summary
conviction to a fine not exceeding fifty dollars.

Education of
pupils requiring
special educa-
tional treatment.

Minister to
ascertain what
children require
special educa-
tional treatment

21 of 1996, s, 14.

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(2) If the parent of any child who has attained the
age of five years requests the Minister to cause the child to
be so medically examined as aforesaid, the Minister shall
comply with the request unless in the opinion of the
Minister the request is unreasonable.

Compulsory Attendance at Primary and
Secondary Schools

22. In this Act the expression “compulsory school
age” means any age between five years and sixteen years.

(2) No pupil who has not attained the age of five years
shall be admitted into any maintained school save a pre-
school.

(3) No pupil who has attained the age of sixteen years
shall be required to leave any maintained school unless he is
incapable of benefiting from the types of education and
instruction available:

Provided that, save in exceptional circumstances and
with the approval of the Director, no pupil shall be
permitted to continue attending a secondary school
maintained by the Minister after the age of nineteen years.

23. (1) It shall be the duty of the parents of every
child of compulsory school age to cause him to receive
full-time education suitable to his age, ability and aptitude,
by regular attendance at school or otherwise.

(2) The provisions relating to the compulsory
attendance of children at school may be carried out by
officers appointed by the Governor-General acting in
accordance with the advice of the Public Service
Commission, in that behalf under this Act.

(3) Officers appointed under subsection (2) of this
section shall have the powers, authorities, privileges and
protection conferred upon constables at common law or by
any Act.

(4) Such officers may enter with the permission of
the parent or guardian any place between the hours of 8
a.m. and 5 p.m. of any day except Sunday for the purpose
of making such enquiries and discharging such other duties
as may be imposed upon them by the Minister under the
provisions of this Act or any regulation made under the
provisions of this Act.

Compulsory
school age.
21 of 1996, s. 15.

21 of 1996, s. 15.

21 of 1996, s. 15.

Duty of parents
to secure the
education of their
children.

E.L.A.O., 1974.

CH.46 – 18] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) Any person who —
(a) obstructs or resists any such officer in the

performance of his duties; or
(b) wilfully makes any false representation to any

such officer with respect to the age of any
child; or

(c) wilfully refuses to furnish to such officers, any
information which such officers may require in
the execution of their duties,

shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding seventy-five dollars.

24. (1) If it appears to the Minister that the parent of
any child of compulsory school age is failing to perform
the duty imposed upon him by section 23, it shall be the
duty of the Minister to serve upon the parent a notice
requiring him, within such time as may be specified in the
notice not being less than fourteen days from the service
thereof, to register the child at a school registered under
this Act, or an exempt school, or to satisfy the Minister that
the child is otherwise receiving efficient full-time
education suitable to his age, ability and aptitude.

(2) If after such a notice has been served upon a
parent, the parent fails to satisfy the Minister in accordance
with the requirements of the notice that the child is
receiving efficient full-time education suitable to his age,
ability and aptitude, then, if in the opinion of the Minister it
is expedient that he attend school, the Minister shall serve
upon the parent an order in the prescribed form (hereinafter
referred to as a “school attendance order”) requiring him to
cause the child to become a registered pupil at a school
named in the order.

(3) If at any time while a school attendance order is
in force with respect to any child, the parent of the child
makes application to the Minister requesting that another
school be substituted for that named in the order, by
reason of the removal of the child’s family, or if in the
opinion of the Minister it is desirable that the child be
transferred to another school, then the Minister may
accordingly amend or revoke the order.

21 of 1996, s. 16.

School atten-
dance orders.

EDUCATION [CH.46 – 19


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) If any person upon whom a school attendance
order is served fails to comply with the requirements of the
order, he shall be guilty of an offence against this section,
unless he proves to the satisfaction of the Minister that he
is causing the child to receive efficient full-time education
suitable to his age, ability and aptitude otherwise than at
school.

(5) A school attendance order made with respect to
any child shall, subject to any amendment thereof which
may be made by the Minister, continue in force as long as
the child is of compulsory school age, unless revoked by
the Minister.

25. (1) If any child of compulsory school age who is a
registered pupil at a school fails to attend regularly thereat,
the parent of the child shall be guilty of an offence against
this section.

(2) In any proceedings for an offence against this
section, the child shall not be deemed to have failed to
attend regularly at the school by reason of his absence
therefrom with leave or —

(a) at any time when he was prevented from
attending by reason of sickness or any
unavoidable cause;

(b) on any day exclusively set apart for religious
observance by the religious body to which his
parent belongs

(c) if the parent proves that the school at which the
child is a registered pupil is not within the walking
distance from the child’s home, which shall be
specified by regulation of the Minister, and that no
suitable arrangements have been made by the
Minister either for his transport to and from the
school or for enabling him to become a registered
pupil at a school nearer to his home.

(3) Where in any proceedings for an offence against
this section it is proved that the child has no fixed abode,
paragraph (c) of subsection (2) shall not apply, but if the
parent proves that he is engaged in any trade or business
which requires him to travel from place to place, and that
the child has attended at a school at which he was a
registered pupil as regularly as the nature of the trade or
business permits, the parent shall be acquitted:

Duty of parents
to secure regular
attendance of
registered pupils.

21 of 1996, s. 17.

CH.46 – 20] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that, in the case of a child who has attained
the age of six years, the parent shall not be entitled to be
acquitted under this subsection unless he proves that the
child had made at least 200 attendances during the period
of 12 months ending with the date of which proceedings
were instituted.

(4) In this section, the expression “leave” in relation
to any school means leave granted by any person
authorised in that behalf by the managing authority of the
school, and the expression “walking distance” means, in
relation to a child who has not attained the age of eight
years two miles, and in the case of any other child three
miles, measured by the nearest available route.

26. (1) Subject to the provisions of this section, any
person guilty of an offence against section 24 or section 25
of this Act shall be liable on summary conviction to a fine
not exceeding fiftydollars, in the case of a second offence
against such section to a fine not exceeding seventy-five
dollars, and in the case of a third or subsequent offence
against such section to a fine not exceeding one hundred
dollars, or to imprisonment for a term not exceeding one
month, or to both such fine and such imprisonment.

(2) It shall be the duty of the Minister to institute
proceedings for such offences as aforesaid whenever, in his
opinion, the institution of such proceedings is necessary for
the purpose of enforcing the duty imposed upon a parent
by this Act to cause his child to receive efficient full-time
education suitable to his age, ability and aptitude, and no
such proceedings shall be instituted except by or on behalf
of the Minister.

(3) Where the court before which a prosecution is
brought for an offence against section 25 is satisfied that
the child in respect of whom the offence is alleged to have
been committed has failed to attend regularly the school at
which he is a registered pupil, then, whether or not the
parent is convicted, the court may direct that the child be
brought before a juvenile court by the Minister, and such
court may, if it is satisfied that it is necessary to do so for
the purpose of securing the regular attendance of the child
at school, make any order that such court has power to
make under section 50 of the Children and Young Persons
(Administration of Justice) Act.

Penalties for of-
fences under sec-
tions 24 and 25.

21 of 1996, s. 18.

Ch. 97.

EDUCATION [CH.46 – 21


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) Where proceedings have been instituted for an
offence against section 25 alleged to have been committed
in respect of any child, and it appears to the officer by
whom proceedings were instituted on behalf of the
Minister that there is reasonable cause to believe that the
punishment of the parent would not be sufficient to secure
the regular attendance of the child at school, it shall be his
duty to apply to the court for a direction under subsection
(3) of this section; and where such an application is made,
such a direction shall be given unless the court is satisfied
that no such direction is necessary for the purpose
aforesaid.

Further Education
27. It shall be the duty of the Minister, in so far as

his resources permit, to secure the provision of adequate
facilities for further education, that is to say —

(a) full-time and part-time education for persons
over compulsory school age;

(b) leisure-time occupation, in such organized
cultural training and recreative activities as are
suited to their requirements, for any persons
over compulsory school age who are able and
willing to profit by the facilities provided for
that purpose; and

(c) technical education.
28. (1) For the discharge of the duty imposed upon

him by section 27, the Minister shall have power to
establish and conduct such institutions of further education
as he may deem necessary, and regulations may be made as
to the maintenance, government and conduct of such
institutions and as to the further education given therein.

(2) Nothing in subsection (1) of this section contained
shall preclude the Minister from providing, outside of such
institutions or in association with existing schools or other
educational establishments, such special classes or courses for
persons over compulsory school age as he may deem
necessary from time to time with the purpose of providing
such physical, practical, vocational or academic training as


General duties of
Minister in
respect of further
education.

Power of Minis
ter to establish
centres for
further
education.

CH.46 – 22] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

will enable them to develop their various aptitudes and
capabilities and will prepare them for the responsibilities of
citizenship.

29. (1) No person shall without the consent of the
Minister establish or conduct or continue to conduct within
The Bahamas any institution for the provision of further
education and the Minister may refuse his consent thereto
in any case unless he is satisfied that —

(a) the courses of further education to be provided at
such institution will be of educational, cultural,
economic or other benefit to The Bahamas;

(b) the courses of further education to be provided
at such institution will afford tuition of an
appropriate standard by fully qualified
instructors;

(c) the establishment and conduct of such institution
is in the best interests of those members of the
public likely to resort thereto; and

(d) the establishment and conduct of such institution
is in the best interests of the public generally.

(2) The Minister shall cause a register to be
maintained of every institution for the provision of further
education established or conducted under the provisions of
this section, which shall contain such particulars thereof as
the Minister may direct.

(3) Any person who contravenes the provisions of
subsection (1) of this section shall be guilty of an offence
and shall be liable on summary conviction in the case of a
first offence to a fine not exceeding one hundred and fifty
dollars or in the case of a second or subsequent offence to a
fine not exceeding five hundred dollars or to imprisonment
for a term not exceeding six months or to both such fine
and imprisonment, and any principal, professor, lecturer,
teacher or other person who lectures, teaches or gives
instruction in any institution knowing it to be established or
conducted in contravention of subsection (1) of this
section, shall be guilty of a like offence and shall be liable
on summary conviction to the like penalties.

(4) If at any time the Minister is satisfied that any
institution for the provision of further education is
objectionable upon all or any of the following grounds —

Control of other
institutions for
further
education.

8 of 1968, s. 2.

15 of 1970, s. 4.

EDUCATION [CH.46 – 23


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(a) that the courses of further education being
provided at such institution are not of
educational, cultural, economic or other benefit
to The Bahamas;

(b) that the courses of further education being
provided at such institution do not afford tuition
of an appropriate standard by fully qualified
instructors;

(c) that the establishment and conduct of such
institution is not in the best interests of those
members of the public likely to resort thereto;

(d) that the establishment and conduct of such
institution is not in the best interests of the
public generally,

the Minister shall serve upon the proprietor of the
institution a notice stating the grounds of complaint
together with full particulars of the matters complained of,
and the notice shall specify the measures necessary in the
opinion of the Minister to remedy the matters complained
of, and shall specify the time within which such measures
are required to be taken.

(5) Where a proprietor of an institution for the
provision of further education has been served with a
notice under subsection (4) of this section and fails, within
the time specified in such notice to take the measures
necessary in the opinion of the Minister to remedy the
matters complained of, the Minister may forthwith revoke
his consent given in pursuance of subsection (1) of this
section in respect of such institution.

(6) Where the Minister revokes his consent in
respect of any institution for the provision of further
education in pursuance of this section, he shall by notice in
writing inform the proprietor of such revocation, and the
proprietor of the institution may within twenty-eight days
from the date of such notice appeal therefrom in such
manner as may be prescribed by rules made under section
76 of the Supreme Court Act.

(7) Regulations may be made prescribing the parti-
culars of institutions for the provision of further education
to be furnished to the Director, and such regulations may
provide for the notification to the Director of any changes
in the particulars so furnished, and as to the circumstances


15 of 1970, s. 4.

15 of 1970, s. 4.

Ch. 53.

15 of 1970, s. 4.

CH.46 – 24] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

in which the Minister may revoke his consent to the
conduct within The Bahamas of any such institution in the
event of the Director being unable to obtain sufficient
particulars thereof.

(8) For the purpose of this section the expression
“institution for the provision of further education” means
any university, college, school or other organised
institution in or by which courses in further education are
conducted.

30. (1) No person shall —
(a) use the expression “university” in the

description or title under which such person is
conducting any college, school or other
educational institution within The Bahamas; or

(b) make whether directly or indirectly any
representation in any letter, letterhead, circular,
paper, notice or advertisement, or by any other
means whatsoever whether similar to the
foregoing or not, that such person is conducting
a university within The Bahamas; or

(c) grant to, or confer upon, any person any degree,
diploma or other academic distinction expressed
or purporting to be a degree, diploma or other
academic distinction granted or conferred by a
university conducted within The Bahamas,

unless such college, school, educational institution or
university, as the case may be, shall have been incorporated
either by charter granted by Her Majesty the Queen or by or
under some enactment regulating the establishment of a
university or universities in The Bahamas.

(2) Any person who contravenes the provision of
subsection (1) of this section shall be guilty of an offence
and shall be liable on summary conviction in the case of a
first offence to a fine not exceeding one hundred and fifty
dollars or, in the case of a second or subsequent offence, to
a fine not exceeding five hundred dollars or to imprison-
ment for a term not exceeding six months or to both such
fine and imprisonment.

Use of word
“university”, etc.
30 of 1968, s. 2.

EDUCATION [CH.46 – 25


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Supplementary Provisions as to Primary,
Secondary and Further Education

31. (1) It shall be the duty of the Minister, in
collaboration with the Minister responsible for Health and
in so far as the resources of the Minister and the Minister
responsible for Health shall permit, to provide for the
medical inspection, at appropriate intervals, of pupils in
attendance at any school or other educational establish-
ment maintained by the Minister.

(2) For the purpose of securing the proper medical
inspection of pupils in attendance at any school or other
educational establishment, any Government officer
authorised in that behalf by the Minister may require, by
notice in writing, the parent of any pupil in attendance at
such school, to submit the pupil for medical inspection in
accordance with arrangements made by the Minister and
may require any pupil in attendance at any other
educational establishment to submit to such inspection; and
any person who fails without a reasonable excuse to
comply with any such requirements shall be guilty of an
offence and shall be liable on summary conviction to a fine
not exceeding seventy-five dollars.

(3) It shall be the duty of the Minister to make
arrangements for encouraging and assisting pupils to take
advantage of such facilities for medical treatment as may
be made available by Government from time to time:

Provided that if the parent of any pupil gives to the
Minister notice that he objects to the pupil availing himself
of any medical treatment provided under this section, the
pupil shall not be encouraged or assisted to do so.

(4) The Minister is empowered to make regulations
for the implementation of the provisions of this section.

32. (1) It shall be the duty of the Minister, in so far
as his resources permit, to secure that the facilities for
primary and secondary education provided by him include
adequate facilities for recreation and social and physical
training, and for that purpose he may establish, maintain
and manage, or assist the establishment, maintenance and
management of camps, holiday classes, playing fields, play
centres, playgrounds, gymnasiums and other places


Medical inspec-
tion and treat-
ment of pupils.

57 of 1963, s. 13.

21 of 1996, s. 19.

Provision of
facilities for
recreation and
social and
physical training.

CH.46 – 26] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

whether appropriate to any school or other educational
establishment or not at which facilities for recreation and
for such training as aforesaid are available for persons for
whom primary, secondary or further education is provided
by the Minister, and may organize games, expeditions and
other activities for such persons, and may defray or
contribute towards the expenses thereof.

(2) The Minister, in making arrangements for the
provision of facilities, or the organization of activities
under the powers conferred on him by subsection (1) of
this section shall, in particular, have regard to the
expediency of co-operating with any voluntary societies or
bodies whose objects include the provision of facilities for
or the organization of activities of a similar character.

33. (1) The Minister may, by directions in writing
issued with respect to all schools maintained by him or
with respect to any of such schools named in the directions,
authorise a Government medical officer to cause
examinations of the persons and clothing or pupils in
attendance at such schools to be made whenever in the
Minister’s opinion such examinations are necessary in the
interests of cleanliness.

(2) If the person or clothing of any pupil is found
upon such examination to be infested with vermin or in a
foul condition, any officer of the Minister may serve upon
the parent of the pupil a notice requiring him to cause the
person and clothing of the pupil to be cleansed within
twenty-four hours.

(3) If the parent fails to comply with a notice served
under subsection (2) he shall be guilty of an offence and
shall be liable on summary conviction to a fine not
exceeding fifty dollars.

(4) Where an officer of the Minister suspects that
the person or clothing of any pupil in attendance at a
school maintained by the Minister is infested with vermin
or in a foul condition, but action for the examination
thereof cannot immediately be taken, he may, in the
interests of the pupil or of other pupils in attendance at the
school, direct that the pupil be excluded from the school
until such action is taken.

Power to ensure
cleanliness.

21 of 1996, s. 20.

EDUCATION [CH.46 – 27


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(5) No girl shall be examined under the powers
conferred by this section save by a duly qualified medical
practitioner or by a woman authorised for that purpose by
the Minister.

34. The Minister may make such arrangements for
the provision of transport as he considers practicable and
necessary for the purpose of facilitating the attendance of
pupils at schools and other establishments maintained by
him, and any transport provided in pursuance of such
arrangements shall be provided free of charge.

35. If the Minister is satisfied that by reason of any
extraordinary circumstances a child or young person is
unable to attend a suitable school for the purpose of
receiving primary or secondary education, he shall have
power to make, in so far as his resources permit, special
arrangements for the child or young person to receive such
education otherwise than at school.

36. (1) If it appears to the Minister that any child
who has attained the age of five years is suffering from a
disability of mind or body of such a nature or to such an
extent as to make him incapable of receiving education at
school, it shall be the duty of the Minister by notice in
writing served upon the parent of the child to require the
parent to submit him for examination by a Government
medical officer; and if a parent upon whom such a notice is
served fails without reasonable excuse to comply with the
requirements thereof, he shall be guilty of an offence and
shall be liable on summary conviction to a fine not
exceeding fifty dollars.

(2) Before any child is so medically examined as
aforesaid, the Minister shall cause notice to be given to the
parent of the time and place of such examination, and the
parent shall be entitled to be present at the examination if
he so desires.

(3) If, after considering the advice given with respect
to any child by a Government medical officer after such
examination as aforesaid and any reports or information
which the Minister is able to obtain from teachers in
respect of the ability and aptitude of the child, the Minister
decides that the child is suffering from a disability of mind


Provision of
transport.
57 of 1963, s. 14.

Power to provide
primary and sec-
ondary education
otherwise than at
school.

Duty of Minister
in respect of pu-
pils incapable of
receiving educa-
tion at school.

21 of 1996, s. 21.

CH.46 – 28] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

or body of such a nature or to such an extent as to make
him incapable of receiving education at school, it shall be
the duty of the Minister to issue to the parents a report that
the child has been found incapable of receiving education
at school.

(4) For the purposes of this section, a child shall be
deemed to be suffering from a disability of mind or body of
such a nature and to such an extent as to make him
incapable of receiving education at school not only if the
nature and extent of his disability are such as to make him
incapable of receiving education, but also if they are such
as to make it inexpedient that he should be educated in
association with other children either in his own or their
own interests.

(5) If the Minister is satisfied that any child in
attendance at a school maintained by him is suffering from
a disability of mind or body of such a nature or to such an
extent that he will, in the opinion of the Minister, require
supervision after leaving school, the Minister shall before
the child ceases to be of compulsory school age issue to the
parent of the child a report that by reason of a disability of
mind the child may require supervision after leaving
school.

Employment of Children
37. (1) If it appears to the Minister that any child

under the age of sixteen years who is a registered pupil at a
school maintained by him is being employed in such a
manner as to be prejudicial to his health or otherwise as to
render him unfit to obtain the full benefit of the education
provided for him, the Minister may, by notice in writing
served upon the employer, prohibit him from employing
the child, or impose such restrictions upon his employment
of the child as appear to the Minister to be expedient in the
interests of the child.

(2) The Minister may, by notice in writing served
upon the parent or employer of any child who is a
registered pupil at a school maintained by him, require the
parent or employer to provide the Minister, within such
period as may be specified in the notice, with such
information as appears to the Minister to be necessary


Power of Minis-
ter to prohibit or
restrict employ-
ment of children.
21 of 1996, s. 22.

EDUCATION [CH.46 – 29


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

for the purpose of enabling him to decide whether the child
is being employed in such a manner as to render him unfit
to obtain the full benefit of the education provided for him.

(3) Any person who employs a child in contravention of
any prohibition or restriction imposed under subsection (1) of this
section, or who fails to comply with the requirements of a notice
served under subsection (2) of this section, shall be guilty of an
offence against this section, and shall be liable on summary
conviction, in the case of a first offence to a fine not exceeding
fifty dollars, in the caseof a second offence to a fine not exceeding
seventy-five dollars, and in the case of a third or subsequent
offence to a fine not exceeding one hundred dollars or to
imprisonment for a term not exceeding one month or to both such
fine and such imprisonment.

Miscellaneous Provisions
38. (1) Save as hereinafter provided, no fees shall be

charged in respect of admission to any school maintained
by the Minister or in respect of the full-time education
provided in any such school, and it shall be the duty of the
Minister, in so far as his resources permit, to provide free
of charge for all pupils who are given free education in
schools maintained by him, books, writing materials,
stationery, practice materials and other articles which are
necessary to enable the pupils to take full advantage of the
education provided:

Provided that in the case of any part-time class or
course provided by the Minister for pupils above
compulsory school age under any scheme for further
education, the Minister shall have power to charge in
respect of such part-time courses such fees as he may deem
necessary.

(2) The tuition fees shall be payable each term to
the Principal in advance and the fee for books and supplies
shall be paid to him annually in advance, and the Principal
shall without delay pay the same into the Treasury.

21 of 1996, s. 22

Prohibition of
fees in schools
maintained by
the Minister.

21 of 1996, s. 23.

CH.46 – 30] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

39. (1) In execution of the duties imposed on him by
this Act, the Minister shall, in particular, make such
arrangements as he considers expedient and as his
resources permit for securing that there shall be sufficient
facilities for the training of teachers for service in schools
and other establishments maintained by the Minister.

(2) Regulations may be made under this section with
regard to the emoluments, allowances and conditions of
service of students in training as teachers, their selection,
training and retraining as teachers.

(3) In this section, “teachers” includes —
(a) senior teacher, master teacher, senior master or

senior mistress; and
(b) guidance counsellors and educational adminis-

trators.

PART III
INDEPENDENT SCHOOLS

40. (1) The Director shall be the Registrar of
Independent Schools, and it shall be his duty to keep a
register of all independent schools (other than exempt
.schools), which register shall be open to public inspection
at all reasonable times and, subject as hereinafter provided,
to enter therein in the manner and form prescribed
particulars of all independent schools registered under the
provisions of this Act.

(2) No independent school, (other than an exempt
school) which is not in existence at the date of the coming
into operation of this Act, shall be opened, maintained or
conducted unless and until it is registered under the
provisions of this Act, and pending compliance with the
provisions of subsection (3) of this section, the Minister
may grant provisional registration for such period as he
may think fit to any such school.

(3) Any independent school the proprietor of which
makes application to the Minister for registration under the
provisions of this Act, shall be so registered unless it is
objectionable on any of the following grounds —

(a) that the school premises or any part thereof are
unsuitable for a school;

Duties of
Minister as to the
training of
teachers.

21 of 1996, s. 24.

21 of 1996, s. 24.

Registration of
independent
schools.

EDUCATION [CH.46 – 31


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) that the accommodation provided at the school
premises is unsuitable or inadequate having
regard to the number, ages and sex of the pupils
attending the school;

(c) that efficient and suitable instruction is not being
provided at the school, having regard to the ages
and sex of the pupils attending thereat;

(d) that the proprietor of the school or any teacher
employed therein is not a proper person to be the
proprietor of an independent school or to be, a
teacher in any school, as the case may be.

(4) Where the Minister refuses to grant any
application of an independent school for registration under
the provisions of this Act, he shall give to the proprietor of
the school notice of his refusal setting out the grounds
therefor, and the management of the school may within
twenty-eight days from the date of such notice appeal
therefrom in such manner as may be provided by rules
made under section 76 of the Supreme Court Act, to the
Supreme Court, whose decision thereon shall be final and
conclusive.

(5) If after the expiration of three months from the
date of coming into force of this Act any person conducts
or takes part in the conduct of an independent school
(whether established before, or after the date of the coming
into force of this Act and not being an exempt school),
which is not a registered school, he shall be guilty of an
offence and shall be liable on summary conviction to fine
not exceeding eighty dollars or in the case of a second or
subsequent conviction, to a fine not exceeding two hundred
dollars or to imprisonment for a term not exceeding three
months, or to both such imprisonment and such fine.

(6) Regulations may be made prescribing the parti-
culars to be furnished to the Registrar of Independent
Schools and such regulations may provide for the
notification to the Registrar of any changes in the
particulars so furnished, and as to the circumstances in
which the Minister may order the name of any school to be
deleted from the register in the event of the Registrar being
unable to obtain sufficient particulars thereof. Such
regulations may also prescribe the procedure for the
hearing by the Minister of an application for registration.

Ch. 53.

5 of 1987, s. 2.

CH.46 – 32] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

41. (1) If at any time the Minister is satisfied that
any registered school is objectionable upon all or any of
the following grounds —

(a) that the school premises or any part thereof are
unsuitable for a school;

(b) that the accommodation provided at the school
premises is unsuitable or inadequate having
regard to the number, ages and sex of the pupils
attending the school;

(c) that efficient and suitable instruction is not being
provided at the school, having regard to the ages
and sex of the pupils attending thereat;

(d) that the proprietor of the school or any teacher
employed therein is not a proper person to be the
proprietor of an independent school or to be a
teacher in any school, as the case may be,

the Minister shall serve upon the proprietor of the school a
notice of complaint stating the grounds of complaint
together with full particulars of the matters complained of,
and, unless any of such matters are stated in the notice to
be in the opinion of the Minister irremediable, the notice
shall specify the measures necessary in the opinion of the
Minister to remedy the matters complained of, and shall
specify the time, not being less than three months after the
service of the notice, in the case of complaint under
subparagraphs (a) and (b) of this subsection, within which
such measures are required to be taken.

(2) If it is alleged in any notice of complaint served
under this section that any person employed as a teacher at
the school is not a proper person to be a teacher in any
school, that person shall be named in the notice and the
particulars contained in the notice shall specify the grounds
of the allegation, and a copy of the notice shall be served
upon him.

(3) Every notice of complaint served under this
section and every copy of such a notice so served shall
limit the time, not being less than one month after the
service of the notice or copy within which the complaint
may be referred to the Supreme Court under the provisions
hereinafter contained.

Complaints.

EDUCATION [CH.46 – 33


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42. (1) Any person upon whom a notice or complaint
or a copy of such notice is served under section 41 may,
within the time limited by the notice, appeal therefrom in
such manner as may be provided by rules made under
section 76 of the Supreme Court Act to the Supreme
Court.

(2) Upon such a complaint being submitted to the
Supreme Court, the Supreme Court may, after due
investigation —

(a) order that the complaint be annulled;
(b) order that the school in respect of which the

notice was served be struck off the register;
(c) order that the school be so struck off unless the

requirements of the notice subject to such
modifications, if any, as may be specified in the
order are complied with to the satisfaction of the
Minister before the expiration of such time as
may be specified in the order;

(d) if satisfied that the premises alleged by the
notice of complaint to be unsuitable for use in a
school or any part of such premises are in fact
unsuitable for such use, by order disqualify the
premises of part from being so used, if satisfied
that the accommodation provided at the school
premises is inadequate or unsuitable having
regard to the number, ages and sex of the pupils
attending the school, by order disqualify the
premises from being used as a school for pupils
exceeding such number or of such age or sex as
may be specified in the order;

(e) if satisfied that any person alleged by the notice
of complaint to be a person who is not a proper
person to be the proprietor of an independent
school, or to be a teacher in any school is in fact
such a person, by order disqualify that person
from being the proprietor of any independent
school or from being a teacher in any school, as
the case may be.

(3) Where a notice of complaint has been served under
this Act on the proprietor of any school and the complaint is
not submitted by him to the Supreme Court within the time
limited in that behalf in the notice, the Minister shall


Determination of
complaints.

Ch. 53.

CH.46 – 34] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

have power to make any order which the Supreme Court
would have had power to make had the complaint been so
referred:

Provided that, if it was alleged by the notice of
complaint that any person employed as a teacher at the
school is not a proper person to be a teacher in any school
and that person has, within the time limited in that behalf
by the copy of the notice served upon him, submitted the
complaint to the Supreme Court, the Minister shall not
have power to make an order requiring his dismissal or
disqualifying him from being a teacher in any school.

(4) Where by virtue of an order made by the
Supreme Court or by the Minister any person is
disqualified either from being the proprietor of an
independent school, or from being a teacher in any school,
then, unless the order otherwise directs, that person shall be
disqualified both from being the proprietor of an
independent school and from being a teacher in any school.

43. (1) Where an order is made by the Supreme
Court or by the Minister directing that any school be struck
off the register, the Registrar of Independent Schools shall
as from the date on which the direction takes effect strike
the school off the register.

(2) If any person uses any premises for purposes for
which they are disqualified by virtue of an order made
under this Part of this Act, that person shall be guilty of an
offence and shall be liable on summary conviction to a fine
not exceeding eighty dollars or in the case of a second or
subsequent conviction (whether in respect of the same or
other premises) to a fine not exceeding two hundred
dollars, or to imprisonment for a term not exceeding three
months or to both such imprisonment and such fine.

(3) If any person acts as the proprietor of an
independent school, or accepts or endeavours to obtain
employment as a teacher in any school, while he is
disqualified from so acting or from being so employed by
virtue of any order as aforesaid, he shall be guilty of an
offence and shall be liable on summary conviction to a fine
not exceeding eighty dollars or in the case of a second or
subsequent conviction to a fine not exceeding two hundred
dollars, or to imprisonment for a term not exceeding three
months, or to both such imprisonment and such fine.

Enforcement.

5 of 1987, s. 2.

5 of 1987, s. 2.

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(4) No proceedings shall be instituted for an offence
against this Part of this Act except by or on behalf of the
Attorney-General or the Minister.

44. (1) If on the application of any person the
Minister is satisfied that any disqualification imposed by
an order made under this Part of this Act is, by reason of
any change of circumstances, no longer necessary, the
Minister may by order remove the disqualification.

(2) Any person who is aggrieved by the refusal of
the Minister to remove such disqualification may, within
one month after the refusal has been communicated to him,
appeal therefrom, in such manner as may be provided by
rules made under section 76 of the Supreme Court Act, to
the Supreme Court.

45. Save as heretofore provided in regard to the
registration of schools and the serving of notices of
complaint, every independent school on the Register of
Independent Schools shall have complete control over —

(a) the secular instruction provided at the school;
(b) the religious instruction provided at the school;
(c) the terms of appointment, conditions of service

and dismissal of teachers;
(d) the enrolment, promotion, and all other matters

concerning the pupils of the school;
(e) all matters pertaining to the internal organization

and discipline of the school
46. The management of every independent school

shall annually, in such form as may be prescribed by
regulations made under this Act, furnish the Minister with
a return with such information regarding the school as
may be required by the Minister for the purposes of this
Part of this Act.

57 of 1963, s. 15.

Removal of
disqualifications.

Ch. 53.

Rights of Regis-
tered indepen-
dent schools.

Returns.

CH.46 – 36] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART IV
GENERAL

General Principle to be Observed by the
Minister

47. In the exercise and performance of all powers
and duties conferred and imposed upon him by this Act,
the Minister shall have regard to the general principle that,
so far as resources allow and are compatible with the
provision of efficient instruction and training and the
avoidance of unreasonable public expenditure, pupils are to
be educated in accordance with the wishes of their parents.

Miscellaneous Provisions
48. (1) It shall be the duty of the Minister to cause

inspections to be made of all schools maintained by him.
Such inspections shall be carried out in such manner and at
such intervals at the Minister may decide.

(2) The Minister may cause inspections to be made
of schools assisted by the Minister and of schools not
assisted by the Minister but registered under the provisions
of this Act. The Minister may also cause inspections to be
made of institutions for the provision of further education
established or conducted under the provisions of this Act.
Inspection of such schools and institutions shall be carried
out not more frequently than once every six months and
due notice thereof shall be given to such schools or
institutions. Such inspection shall not exceed ten days
duration, save with the agreement of the school or
institution authorities, and a copy of any report to the
Minister thereon shall be supplied to the said school or
institution authorities.

(3) Any person who obstructs any inspector, the
Director or any person authorised by him to make an
inspection in pursuance of the provisions of this section in
the execution of his duty, shall be guilty of an offence and
shall be liable on summary conviction to a fine not
exceeding fifty dollars, in the case of a second or
subsequent conviction, to a fine not exceeding one hundred
dollars.

Pupils to be edu-
cated in accor-
dance with the
wishes of their
parents.

Inspection.
57 of 1963, s. 16.

15 of 1970, s. 5.

21 of 1996, s. 25.

21 of 1996, s. 25.

EDUCATION [CH.46 – 37


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(4) The religious instruction given in any school
maintained by any religious organization shall not be
subject to inspection as aforesaid.

49. Where under powers conferred by this Act the
Minister makes special arrangements for any child to
receive primary or secondary education otherwise than at
school, the Minister may provide for the medical
inspection or medical treatment of that pupil as if he were
in attendance at a school maintained by the Minister.

50. (1) The management of every school (that is to say
any school maintained by the Minister and any other school
whether or not registered under this Act) shall cause to be kept,
in accordance with regulations made under this Act, a register
containing the prescribed particulars with respect to all persons
of compulsory school age who are pupils at the school, and
such regulations may make provisions for enabling such
registers to be inspected, for enabling extracts therefrom to be
taken for the purposes of this Act by persons duly authorised in
that behalf under the regulations, and for requiring the persons
by whom any such register is required to be kept to make to the
Minister such periodical and other returns as to the contents
thereof as may be prescribed.

(2) The regulations made under this section shall
prescribe the procedure by which the removal, withdrawal
or transfer of any child of compulsory school age from any
school not maintained by the Minister shall be reported to
the Minister, for the purpose of securing that any child of
compulsory school age shall continue to attend school for
so long as he is of compulsory school age.

(3) If any person contravenes or fails to comply
with any requirement imposed on him by regulations made
under this section, he shall be guilty of an offence and shall
be be liable on summary conviction to a fine not exceeding
seventy-five dollars.

51. The Minister shall have power, in so far as his
resources permit, for the purpose of enabling pupils to take
advantage without hardship to themselves or their parents
of any educational facilities available to them —

Provision of
certain medical
services for pu-
pils not in atten-
dance at schools
maintained by
the Minister.

Registration of
pupils at schools.

21 of 1996, s. 26.

Power of Mini-
ster to give assis-
tance by means
of scholarships or
otherwise.

CH.46 – 38] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) to defray such expenses of children attending
schools as may be necessary to enable them to
take part in school activities;

(b) to pay the whole or any part of the fees and
expenses payable in respect of children
attending schools at which fees are payable;

(c) to grant scholarships, exhibitions, bursaries and
other allowances in respect of pupils under or
over compulsory school age, including pupils
undergoing training as teachers,

and regulations may be made governing the exercise of
such powers.

52. The Minister shall have power in so far as his
resources permit to give assistance, by grants or otherwise,
to schools not maintained by the Minister (including
exempt schools), and to make regulations regarding the
form and method of application for such assistance, and the
conditions under which such assistance is granted:

Provided that no such assistance shall be granted to
any such school unless —

(a) the school premises and the accommodation
provided therein shall be adequate in size and
facilities, and in satisfactory condition;

(b) the teaching staff shall be adequate in number,
qualifications and experience, having regard to
the numbers, ages and sex of pupils and to the
curriculum of the school;

(c) there shall be no bar with respect to religion,
colour or race in the admission of pupils;

(d) the income of the management of the school
from all sources shall be devoted solely to the
educational purposes of the school;

(e) the school shall not be established or maintained
for the private profit of any person or persons:

Provided further that such assistance shall not be
withheld or reduced solely on the ground that the
qualifications of any teacher at such school have not been
obtained at a British University or Institution.

Power of Minis-
ter to give assis-
tance to schools
not maintained
by him.

26 of 1963, s. 2.

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53. Any notice required or authorised by this Act to
be served upon any person may be served by delivering it
to that person or by leaving it at his usual or last known
place of residence, or by sending it in a prepaid letter
addressed to him at that place.

54. No power or duty conferred or imposed by this
Act on the Minister or on parents shall be construed as
relating to persons of unsound mind and persons detained
by order of a court.

55. (1) The Minister may, from time to time, make
regulations for all or any of the purposes of this Act in
accordance with the powers and duties to make regulations
conferred or imposed on the Minister by this Act.

(2) In particular, and without prejudice to the
generality of the foregoing power, such regulations may
relate to all or any of the following matters, except where
specific provision therefor is made in this Act, that is to
say —

(a) the ages between which children shall be
entitled to attend schools maintained by the
Minister, and the administrative arrangements,
in regard to age, for the enrolment of children in
such schools;

(b) the attendance of children at schools maintained
by the Minister, their expulsion or removal
therefrom and the transfer of children from one
school to another;

(c) the inspection, examination, discipline, routine
and management of schools maintained by the
Minister;

(d) the curriculum, syllabuses, and courses of
instruction to be followed in maintained schools,
and the books and materials to be used in the
implementation thereof;

(e) the days of attendance and the school vacation
and holidays for maintained schools, and the
manner of celebrating any holiday;

(f) the conditions under which children of over
sixteen years of age may remain at or be removed
from a maintained school;

Notices.

Saving as per-
sons of unsound
mind and persons
detained by order
of a court.

Power of Minis
ter to make reg-
ulations.

21 of 1996 s. 27.

CH.46 – 40] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(g) the health, cleanliness, medical examination or
treatment of children attending schools, and the
necessary exclusion of any such children from
school;

(h) the duties and powers of teachers employed by
the Department;

(i) the duties and powers of other officers in the
service of the Department;

(j) the certification of teachers:
(k) the development, erection, extension, improve-

ment, provision, renting or repairing of the
buildings, gardens, play-grounds, premises or
yards of any assisted school, and of teachers’
dwellings;

(l) the furnishing of quarters supplied by the
Minister;

(m) the standards of buildings, accommodation,
equipment, and furniture for maintained, aided
and independent schools;

(n) the fees to be paid for accommodation in any
hostel or boarding house maintained by the
Minister, and the method of paying such fees;

(o) the fees to be paid in connection with classes or
courses of instruction established in accordance
with any approved scheme of further education;

(p) the conduct of examinations on behalf of
external examining bodies, and the local fees to
be paid by candidates in such examinations.

(q) the fees to be paid in connection with the
admission and education of pupils who are not
citizens of The Bahamas;

(r) the registration of independent schools;
(s) the conditions for the award of scholarships or

bursaries;
(t) the organization, discipline, routine and manage-

ment of a Teachers’ Training College, and the
terms of service and discipline of students in
training;

57 of 1963, s. 19.

56 of 1965, s. 3.

21 of 1996, s. 27.

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(u) the information to be furnished to the Minister by
institutions for the provision of further education,
schools and teachers, and the form and time in
which such information shall be furnished;

(v) the minimum standards of achievement for the
graduation of secondary pupils attending
secondary schools maintained by the Minister.

56. The Minister may, from time to time, by
regulations made under the powers conferred by this
section, amend or revoke and replace any of the provisions
of the First and Third Schedules to this Act.

57. The expenses incurred in carrying out the provi-
sions of this Act shall be paid out of such sums as
Parliament may from time appropriate for the purpose.

58. (1) Moneys provided for Boards shall be allocated
to each Board and made available to the Board by the
Minister of Finance.

(2) Subject to the provisions of the Financial and
Administration and Audit Act, each Board shall open an
account in respect of moneys provided with any bank, and
all deposits and withdrawals of such moneys shall be
recorded in the account:

Provided that withdrawals from the account shall be
signed by the Chairman and the Principal.

59. Without prejudice to any other provision of this
Act, the Minister may, either of his own accord or at the
request of the Minister of Finance, by notice in writing,
require the Secretary to produce any books of account,
records or other documents of a Board.

60. (1) The Minister after consultation with the
Minister of Finance, may appoint an auditor or auditors to
audit the accounts of a Board subject to such conditions as
the first-mentioned Minister may deem fit.

(2) The appointment of the auditor or auditors shall
be for a period of one year renewable each year, for a total
period of not more than five consecutive years.

(3) A person shall not be qualified for appointment as
an auditor unless he is an individual who is licensed, under
the Public Accountants Act, 1991, to engage in public
practice.

8 of 1968, s. 3.

21 of 1996, s. 27.

Power to amend
First and Third
Schedules.

21 of 1996, s. 28.

Expenses.

Method of
supply and with-
drawal of funds.
21 of 1996, s. 29.

Ch. 359.

Minister may or-
der production of
books of ac
count.
21 of 1996, s. 29.

Appointment of
auditors.
21 of 1996, s. 29.

Ch. 364.

CH.46 – 42] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) In the exercise of their duties, auditors shall have
access to all books, records, returns and other documents
relating to the accounts of Boards and may require any person
holding or accountable for any such books or documents to
appear before them at the audit.

(5) Auditors shall submit their reports not later
than twelve weeks from the end of the financial year to
the Minister who shall forthwith transmit copies of those
reports to the Minister of Finance and to the respective
Board.

(6) The Minister of Finance shall cause a copy of
each report to be laid before the House of Assembly.

(7) For the avoidance of doubt, it is hereby declared
that nothing in this section shall be read or construed as
derogating from or in any way limiting any of the functions
exercisable by the Auditor-General pursuant to the
provisions of the Constitution or any written law.

61. The Minister may cause an audit to be conducted
in respect of the accounts of and any account kept by or on
behalf of, any school.

62. The Minister of Finance shall make regulations
for the purpose of regulating the financial functions of a
Board, including the keeping of records and reporting, but,
such regulations shall conform, as much as possible, to the
Financial Regulations.

FIRST SCHEDULE (Section 14)

MANAGEMENT OF MAINTAINED SCHOOLS
PART I

INSTRUMENT OF MANAGEMENT
1. In this Schedule —

“Board” means the School Board established under section
14 of this Act;

“Member” includes the Chairman of the Board, save where
reference is made specifically to the Chairman.

2. Save with the approval of the Minister, no member of
the Board shall hold any financial interest in the school, or receive
any remuneration for his services, or be financially interested in the
supply of work or goods to or for the purpose of the school.

Additional
auditing
responsibilities.
21 of 1996, s. 29.

Regulations by
Minister of
Finance.
21 of 1996, s. 29.

Sub. Leg. Vol.
VI, Page 3605

57 of 1963, s. 21;
E.L.A.O., 1974;
21 of 1996, s. 30.

Interpretation.

Members of the
Board not to be
financially inter-
ested in the
school.

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3. Any member of the Board who is absent from all
meetings of the Board during a period of three consecutive monthly
meetings or who communicates in writing to the Secretary to the
Board a wish to resign, shall thereupon cease to be a member.

4. Every vacancy shall be notified by the Secretary to the
Board to the Chairman as soon as possible.

5. The Principal of the school shall act as Secretary to
the Board and shall be responsible for keeping the minutes of the
proceedings.

6. Meetings of the Board, which shall be held not less than
once in every month, shall normally be summoned by the
Chairman of the Board, who shall give the members not less than
four clear days’ notice of such meetings. The Secretary to the Board
shall send to each member an Agenda paper, so that it may in the
ordinary course of letter post be delivered at the address of each
member not less than two clear days before the time of Meetings.

7. No business shall be transacted at any meeting of the
Board unless a majority of members are present.

8. If a sufficient number of members to form a quorum is
not present, the meeting shall stand adjourned, and the Chairman
of the Board shall, if he thinks fit, cause a special meeting to be
summoned as soon as conveniently may be done. Any meeting
may be adjourned by resolution.

9. A special meeting may be summoned by the Secretary to
the Board at the instance of the Chairman or at the request of a
majority of the members at any time, giving not less than three clear
days’ notice of such meeting. The Agenda paper shall set out the
business to be considered at the special meeting and no business
other than that so specified shall be taken.

10. (1) A question coming before the Board at any meeting
shall be decided by a majority of the members present, and in the
case of any equality of votes, the Chairman of the meeting shall
have a second or casting vote.

(2) The proceedings of the Board shall not be invalidated
by any vacancy in their number.

(3) In the absence of the Chairman at any meeting the
members present may elect a Chairman for that meeting.

11. At every meeting of the Board the Minutes of the last
meeting shall be read as first business, and, if carried, shall be
confirmed and signed by the Chairman.

12. The official correspondence of the Board shall be con-
ducted by the Secretary to the Board.

13. The proceedings and documents of the Board shall be
such as may be prescribed by the Minister from time to time.

Determination of
Membership of
the Board.

Vacancies.

Secretary to the
Board.

Summoning of
meetings.

Quorum.

Adjournment of
meetings.

Special meetings.

Proceedings of
the Board.

Minutes.

Correspondence.

Proceedings and
documents of the
Board.

CH.46 – 44] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART II
ARTICLES OF MANAGEMENT

1. The school shall be conducted in accordance with the
provisions of the Education Act for the time being of The Bahamas,
the Regulations of the Minister, the Instrument of Management set
forth in Part I of this Schedule, and these Articles.

2. The Board shall in each financial year, at such time as
the Minister shall determine, submit an estimate of its requirements
for the ensuing school year in respect of the following matters —
(a) repair and maintenance of school premises;
(b) school furniture and equipment;
(c) school books and materials;
(d) improvements or extension to school premises.

3. The Minister shall consider such estimates and make
such variations as may be required by the educational policy of
the Minister.

4. The Board shall, in consultation with the Principal
and subject to any regulation of the Minister regarding the use of
school accommodation, determine the use to which the school
premises or any part thereof shall be put out of school hours.

5. The Principal shall be a teacher in the public service
and his appointment and conditions of service shall be governed
by the Regulations in force in that behalf.

6. The appointment of the Principal shall conform to
the following procedure —
(a) the vacant post shall be filled by transfer or promotion

within the service, or by appointment from outside the
service:

Provided that the Board shall have prior notification of
the appointment and shall be given the opportunity, if it
considers that the person to be appointed is not a fit and
proper person to be Principal of that school, of stating its
reasons therefor, for the consideration of the Department;

(b) the Principal shall on appointment be posted to the school.
He shall be liable to transfer according to the exigencies of
the service;

(c) any decision of the Board to submit to the Department an
adverse report on the Principal shall be taken by a majority
of the whole Board at a special meeting of the Board for that
purpose and any such decision shall require confirmation by
a resolution similarly passed at a special meeting held not
less than fourteen clear days after the date of the meeting at
which the original resolution was passed;

Conduct of
school.

Estimates.

Estimates: con-
sideration and
variation.

School premises.

Appointment,
etc., of the Prin-
cipal.

Procedure for
appointment of
Principal.

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(d) the Principal shall be entitled to appear with a friend or a
counsel and attorney at any meeting of the Board at which a
question which may involve an adverse report upon him is to be
considered, and shall be given at least fourteen clear days’
notice of such meeting.
7. The teachers in the school shall be teachers in the

public service and their appointment and conditions of service
shall be governed by the Regulations in force in that behalf.

8. The appointment of teachers shall conform to the
following procedure —
(a) any vacant post or posts shall be filled by transfer within

the service or by appointment from outside the service:
Provided that the Board shall have prior notification of the
appointment or appointments and shall be given the opportu-
nity, if it considers the person or persons to be appointed
are not fit and proper persons to be teachers in that school,
of stating its reasons therefor, for the consideration of the
Department;

(b) teachers appointed shall be posted to the school for duty for the
time being, and shall be liable to transfer to other schools,
according to the exigencies of the service.
9. All teaching staff appointed to the school shall so far

as is not inconsistent with these Articles of Management and with
the relevant Regulations governing the appointment of officers in
the public service come under the Department for general adminis-
trative, financial and disciplinary purposes.

10. Non-teaching staff other than clerical staff employed at
the school shall be appointed by the Board after consultation with the
Principal.

11. (1) The Minister shall determine the general
educational character of the school and its place in the educational
system of The Bahamas, and shall prescribe the basic curriculum
and syllabuses of the school. Subject thereto, and to any regulations
of the Minister from time to time, the Board shall, in consultation
with the Principal, exercise the general oversight of the conduct of
the school.

(2) The Principal shall, subject to any regulations of the
Minister from time to time, control the conduct, internal organiza-
tion, management and discipline of the school, the methods of
teaching and arrangement of classes, and shall exercise supervision
over the teaching and non-teaching staff. He shall have the power to
suspend pupils from attendance for any cause which he considers
adequate, but in suspending any pupil he shall forthwith report the
case to the Board and to the Minister.

(3) There shall be full consultation at all times between
the Principal and the Board.

Appointment,
etc., of teachers.

Procedure for
appointment of
teachers.

Teaching staff.

Non-teaching
staff.

Organization and
curriculum.

CH.46 – 46] EDUCATION




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) All major proposals affecting the conduct of the
school shall be submitted formally by the Principal to the Board,
and all major proposals by the Principal affecting the curriculum
of the school shall be submitted formally by the Principal to the
Board for consideration before transmission to the Minister for
his consideration.

(5) There shall be full consultation and co-operation
between the Board and the Department on all matters affecting the
welfare of the school.

12. (1) The Minister shall have the right to lay down
standards for school hours, terms and holidays to which the
school must conform:

Provided that the Board may for sufficient reason recommend
variations to suit the circumstances of the school, subject, however,
to the aggregate holidays prescribed by the Minister for any school
year not being varied.

(2) The distribution of occasional holidays agreed by the
Minister shall be determined by the Board in consultation with
the Principal.

13. (1) Subject to the Regulations issued by the Minister
from time to time, no pupil applying for first admission to a
primary school, who has attained the age of five years, shall be
refused admission to such school.

(2) If it appears to the Principal that any child so admitted is
suffering from a disability of mind or body of such a nature or to
such an extent as to make him unable to benefit from the education
offered by the school, or to render special educational treatment
desirable, he shall report the case to the Minister, who shall arrange
for the examination of the child by a medical officer authorised in
that behalf.

14. (1) The Principal may make, subject to the approval
of the Board, School Standing Orders relating to the following
matters, such Standing Orders to be in conformity with the
Regulations of the Minister —
(a) the registration, attendance and examination of pupils;
(b) the discipline to be enforced on pupils both inside and outside

the school;
(c) the punishment and suspension of pupils;
(d) the health, cleanliness and medical inspection of pupils;
(e) school holidays and variations to be enjoyed by teachers and

pupils;
(f) the internal organization and management of the school.

(2) The School Standing Orders made under this Article
shall be subject to the approval of the Minister, and copies shall
be exhibited in a conspicuous place in the school premises for
the information of all teachers and pupils at the school.

School holidays,
etc.

Admission of
pupils.

School Standing
Orders.

EDUCATION [CH.46 – 47


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

15. The Board shall furnish to the Minister such returns and
reports as he may require.

16. A copy of these Articles shall be given to every Member,
the Principal, and every teacher on entry into office.

SECOND SCHEDULE (Section 2(1))

EXEMPT SCHOOLS
All Roman Catholic Diocesan Schools.
St. Andrew’s School.
The Baptist High School.
The Seventh Day Adventist Schools.

THIRD SCHEDULE (Section 14)
C.H. Reeves Secondary School
C.I. Gibson Secondary School
D.W. Davis Secondary School
H.O. Nash Secondary School
S.C. McPherson Secondary School
L.W. Young Secondary School
A.F. Adderley Secondary School
C.C. Sweeting Junior High School
C.C. Sweeting Secondary School
Government High School
R.M. Bailey Secondary School
C.R. Walker Secondary School

Copies of
Articles.

Returns.

57 of 1963, s.24.

21 of 1996, s. 32.