Law N ° 2004-004 Concerning General Guidance System Of Education, Teaching And Training In Madagascar

Original Language Title: Loi n°2004-004 portant Orientation générale du Système d’Education, d’Enseignement et de Formation à Madagascar

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REPOBLIKAN'I MADAGASIKARA Tanindrazana- Fahafahana- Fandrosoana
Law No. 2004-004 BEARING GENERAL GUIDANCE SYSTEM
EDUCATION, EDUCATION AND TRAINING IN MADAGASCAR
REPOBLIKAN'I MADAGASIKARA Tanindrazana - Fahafahana - Fandrosoana
--------------- Law No. 2004-004
with General Guidance System of Education, Teaching and Training in Madagascar. ---------------


EXPLANATORY MEMORANDUM The strategy against poverty is to promote a process of rapid economic and social development and sustainable.
The education system must actively participate, where action plans translated into operational terms in the missions and goals of the various sub-sectors of education.
In support of the presidential will prioritize education-training and in accordance with the Government's commitment to Education for All, the main focus in the education sector is to ensure that all Malagasy children a basic education of nine years.
These new provisions will allow a quality secondary education that will give students the opportunity to be successfully pursue studies in the academic cycle, integrating vocational training or to enter the workforce with the basic instruments required.
However, it is recognized that the informal sector is a necessary complement to formal education. Therefore an updating of the legislation is necessary to clarify roles while reaffirming that non-formal education is an integral part of the overall education system.
It is also necessary to specify the role of different partners be they students, parents, educational communities or local authorities. Indeed, if the partnership principle has been accepted into the old Law No. 94-033, its implementation was poor.

2 This Act:
reiterates the fundamental rights to education;
Defines more clearly the role of the partners setting:
the powers and jurisdiction of the State; the powers and responsibilities of local authorities; the powers and competences of recognized partners: parents, students and educational communities
.
Fixed the organization of the education system by structuring sectors.
Regulates relations between the public and private institutions.
Introduced Culture of the evaluation, control and good governance.
This text includes six titles and includes 77 items. The provisions of Law No 94-033 is not contrary to the new guidelines were reproduced in full. Other provisions that correspond to the new guidelines were introduced.
This is the purpose of this Act.

3 REPOBLIKAN'I MADAGASIKARA Tanindrazana - Fahafahana - Fandrosoana
--------------- Act No. 2004-004 concerning
General orientation of the System Education, Teaching and Training in Madagascar.

--------------- The National Assembly and the Senate have adopted in their respective session dated 19 December 2003 and 9 June 2004, the Act which reads as follows: PART I BASIC PRINCIPLES

Section 1 rights education and training
Article - education is a top national priority, and education is compulsory from the age six.
Article 2 - The Republic of Madagascar, in accordance with rights and economic, social and cultural duties contained in the Constitution, and faithful to the international commitments of the Malagasy people, the right to anyone - child, youth and adult - the right to education, teaching and training.
Article 3 - The State undertakes to establish a system of education, teaching and training capable of ensuring the intellectual, physical, moral, civic and artistic individual.
Some specific cultural values ​​in the country, such as the concepts "aina", of "fanahy maha-olona" of "hasina" of "fihavanana" must be considered.
Article 4 - Education, teaching and training Malagasy must prepare the individual for an integrated workforce in the social, economic and cultural development.
To achieve this goal, they must:

- Promote and release the individual and grassroots initiative; - Encourage creativity; - Cultivate the taste for effort; - Developing entrepreneurship and competition, concern for efficiency, communication skills, the search for excellence in the result and; - Be able to produce enough educated citizens and capable of ensuring the rational exploitation of natural resources potential, to raise our

4 countries among the most developed nations, while retaining its legendary wisdom.
Section 2 Powers and State Skills
Article 5 - The State guarantees all persons under the conditions defined by regulation, compliance and benefit of their rights to education, to education and training.
Article 6 - Ministers responsible for education, teaching and training define and implement through a performance contract, the national education policy, education and training, adopted by the Government Council.
The modes of relationship between the Ministries of education, teaching and training and other departments are defined by regulation.
Article 7 - After the customary consultations, both between departments and with partners and users, the Ministers responsible for education, teaching and training in order to meet the needs economic and social owe to:
define the strategies and means; providing related control of qualifications; issuing diplomas and certify the equivalence of the corresponding securities.
Article 8 - Ministers responsible for education, teaching and training, following reasoned opinion of the Government, may decide by order the disqualification against any natural or legal person whose continued operation would constitute a danger to health and physical or moral safety of children, adolescents or adults, entrusted to it. The right of the applicant's defense is guaranteed before the competent judicial bodies.

5 Section 3 Powers and responsibilities of local authorities
Article 9 - The Local Authorities administer educational affairs devolved to them by law.
After the usual consultations with partners and stakeholders of the education system, education and training of the community concerned, they develop and implement through a performance contract, a development strategy full compliance with national education policy, education and training.
The modes of relationship between the Ministries of education, teaching and training and local authorities are defined by regulation.
Article 10 - The decentralized services of the Ministries of Education, education and training are responsible for the conduct of educational activities, education and training within their respective jurisdictions.
As such, they provide support and control.
Section 4 Powers and partner skills.
Article 11 - The State shall adopt a rule in the execution of its education and training policy, the Public-Private Partnership. Accordingly, recognized the role of full partner, to public and private organizations, associations interested in the promotion and development of the education system, education and training, including:
- families, family and community agencies; - Private educational institutions; - Non-governmental organizations and other voluntary associations; - Research institutions and traders. The modes of relationship between the Ministries of Education, the
education and training and the partners are defined by regulation.
Article 12 - All licensed private partners in the fields of teaching, education, and training in missions of the ministries responsible for education, teaching and training.
As part of a convention followed by a performance contract, they perform specific tasks in line with the national education policy.
The conditions for granting or withdrawing approval are fixed by regulation. Section 5
functions of schools and educational institutions, from 6

training Article 13 - The school, educational and training institutions provide education functions of training and qualifications.

Article 14 - The school, educational and training institutions must, in collaboration with and complementary families and society, ensure instill in children, adolescents and young people the sense of responsibility and initiative, as well as compliance with good manners and rules of conduct.
In addition, they are to: - develop in them a civic sense and values ​​of citizenship; - Develop the personality of the individual in all its dimensions: physical, emotional
, psychic, mental and moral, by guaranteeing the right to build his person so sharpen critical thinking and will.
Article 15 - The school and the education and training shall ensure, as part of their training function, to ensure that all learners, education and quality education that allow them to acquire general knowledge and theoretical and practical knowledge, develop their gifts and abilities to learn by themselves and fit well into the society of knowledge and know-how.
The school and educational and training institutions are called primarily to give learners the means:
- to master the Malagasy language, its status of maternal and national language; - To master two foreign languages ​​at least.
They must also attach: - to develop different forms of sensitive intelligence, practical and abstract; - To develop the students' communication skills and the use of different forms of expression: linguistic, artistic, symbolic and body; - To ensure their mastery of information and communication technologies and to provide them the ability to make use of in all areas; - Prepare to face the future in order to be able to adapt to change and contribute positively with determination.
Article 16 - Schools and educational and training institutions shall ensure, as part of their qualification function, develop skills and know-how among learners in relation to their age and the course of study. 7

institutions of vocational training and higher education are responsible for consolidating these skills.
To this end, schools and training institutions and higher education are called to instill in students the ability to use the knowledge and know-how for the search for alternative solutions in solving the problems they may face:
adapt to change - to take initiatives and to innovate - work in a group - learn throughout their life.-
Section 6 Rights and obligations the student / learner
Article 17 - the student / learner is at the center of educational activities and training activities.
Article 18 - The student / learner is entitled to a diverse and comprehensive information on everything that relates to the school and university guidance so they can choose knowingly and with conviction his educational and professional background .
Article 19 - The staff of education and training must, in discharging their professional duties, comply with the principles of fairness and equality of opportunity and establish with students reports based on honesty, objectivity and respect for the person of the child and the young, and their rights.
Article 20 - It is the duty of the student / learner to respect the teacher / trainer and all members of the educational community and to compel the demands respect for the educational establishment and training.
Article 21 - The organization of school life, training and student is set by regulation.
The disciplinary regime of educational and training institutions is determined by order of the Ministers responsible for education, teaching and training.

8 TITLE II ORGANISATION OF THE EDUCATION SYSTEM OF EDUCATION AND

TRAINING Chapter I Principles and organizations
Article 22 - The State's mission is ensure for all Malagasy quality education.
Area of ​​Education, Education and Training includes: Education and Non-Formal Education - Education and Formal Training -

Article 23 - Dual internal and external coherence, the unity and diversity, ensuring continuity, complementarity, interdependence and synergy, as well as for performance and continuous progress based and structure the organization of the education system, education and training Malagasy.
Article 24 - Objectives and goals terminals fix the organization of teaching and training in the different levels and types of education, teaching and training of previously inventoried.
Chapter II NFE
Article 25 - Non-formal education consists of all educational and training activities provided outside the formal education system.
It is intended to provide opportunities for learning and training to those who have not benefited from the formal system structures.
It must enable people of all ages to acquire useful knowledge, professional skills, general knowledge and civic skills promoting the development of their personality in dignity.
It should enable all citizens to integrate in the society where they live, to give them the socio-cultural tools necessary to develop and live without any other complex human society
It starts in the family and is continued in local communities and in structures adapted to each situation, in local authorities.
Article 26 - Non-formal education is an integral part of the education system

9 overall and reports of the Ministries in charge of education and training.
Article 27 - Non-formal education includes:
- Infant School; - Functional literacy; - Education for citizenship and citizenship. Section 1
Infant School
Article 28 - Infant School includes:
- nurseries that support the zero babies in two years; - Kindergartens involved in the custody of two and three years; - Kindergartens providing education for children three to five years.
Article 29 - The Nursery relieve parents of their babies to allow them to go with confidence to family and work obligations.
They aim the security of babies in their care: hygiene and care, food, games and socializing.
Article 30 - Kindergartens are designed enlightenment and socialization of children with sensory and motor activities, communication, oral expression, songs, drawings and children's recitation.
Article 31 - Kindergarten is a school in vocation awakening and opening the socializing and educational activities preparing the formal system: sensorimotor activities, communication activities and speaking and writing, science and techniques.
Article 32 - The general system of education and non-formal training and the organization of all education and training activities in this sector are fixed by decree.

10 Section 2 Functional literacy
Article 33 - Functional literacy has the objective to foster the mobilization of acquired reading, writing and arithmetic in favor of everyday life, family and community.
Article 34 - Social partners - non-governmental organizations (NGOs), faith-based organizations and other associations - are running for functional literacy program in close cooperation with the ministries responsible for education and training, and with the Communities territorial.
Article 35 - Any functional literacy project should be extended by the establishment of post-literacy programs for the maintenance and capitalization of knowledge. It must contribute to the creation of a literate environment in learning structures close to the core business. Section 3
citizenship education and citizenship
Article 36 - Education for citizenship and citizenship has as components:
- civic and patriotic education; - Education in family and community life; - Development education and the environment; - The hygiene education and family and village health, especially the prevention and fight against HIV / AIDS.
Article 37 - Education for citizenship and citizenship aims to:

- To inform, train and mentor all citizens on their rights and duties as a member of a family, a village or a neighborhood, a local authority, of a nation; - To develop awareness and respect for human rights and freedoms, the practice of democracy and the pride of national identity; - To train citizens to the preservation and expansion of the environment and the national heritage, as cultural, tangible and intangible; - To complete and perfect his skills and abilities to make a citizen polite, honest, informed, responsible and active.
The citizenship education and citizenship is for all people of all ages.

11 The National Agency for Mass Education and Civics is spearheading.
The implementation of this article will be defined by decree.
Chapter III formal education
Article 38 - Formal education includes:
- basic education; - secondary education ; - Technical and vocational training; - Higher education and university education. Section 1
Basic education: Mission - Organization -
Objectives Article 39 - Basic education is given over a period of nine years and welcomes children from the age of six.
Article 40 - Basic education's mission is to educate children and young people and introduce them to theoretical knowledge and practices essential to their positive integration into working life or in secondary education.
Article 41 - Basic education comprises two cycles:
- basic education undergraduate (EF1) FIVE years; - Basic education in the second cycle (EF2) FOUR years.
Article 42 - Basic education undergraduate (EF1), provided in Primary Schools, specific objectives:
- the acquisition of key skills in the cognitive, sensory-motor and socio-emotional ; - Initiation to civic values ​​and citizenship and living together requirements; - Mastering the technical, temporal and spatial proximity.
It shall lead to the end of the cycle by a certificate.
Article 43 - Basic education in the second cycle (EF2), taught in colleges, aims to:
- strengthen in students the skills useful in everyday life: READ OUT
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communicate orally and in writing in the national language and to master two foreign languages. - To acquire the knowledge and skills required in the areas of math, science, technology, humanities, arts and sports, and this so that he could continue his studies in the following courses or that integrates sectors of vocational training or fit into society. The end of cycle are awarded a patent.
Article 44 - The organization of basic education, the distribution of courses, programs and teaching methods, monitoring and evaluation of all educational activities, school calendar, defined by regulation . Section 2

Secondary Education Article 45 - Secondary education is open to students who have completed the basic cycles.
Article 46 - Secondary education is of three years. It aims to give the student, in addition to a broad general education, extensive training that gives him the opportunity to continue his studies in the academic cycle or to integrate vocational training, either to return to active life .
Article 47 - The Bachelor is the final examination of secondary education, it allows the continuation of studies in higher education.
Attendance school is certified by a certificate stating the level attained. The general scheme of the secondary, the organization of educational work that is conducted there, and the assessment by the BA are defined by regulation.
Section 3
Technical and Vocational Training Article 48 - The Technical and Vocational Training aims to train young people and adults, according to the real and changing needs of the economy. It contributes to the socio-cultural and economic development of the family, region and nation.
The market economy, partnership, independence, consistency and technical and professional excellence determine the general principles of the organization and operation of the device of Technical and Vocational Training.
Article 49 - Technical and professional training allows anyone, young or adults, individually or in combination: 13


- Promoting his social advancement for access to different levels of professional cultures and skills through the development of learning basic trades (AMB); -d'acquérir technical core competencies, technology and specific skills related to vocational courses in initial training; initial training can either be inserted in the labor market or to continue in the professional training corresponding to any job category defined by legal and regulatory provisions; - To improve, to adapt to changes and changing techniques, technologies working conditions for retraining or pre-employment through continuing education.
Article 50 - The sub-sector of the Technical and Vocational Training set up an appropriate structure for:
- Council consultation on matters of strategy and policy for the development of Technical and Vocational Training ; - Development, updating, evaluating curricula in accordance with the forecast economic social demand; - Educational and vocational guidance and training monitoring post.
Article 51 - The structure, mission, functions centers, schools, institutes and groups of technical training institutions and public and private vocational, are defined by regulation.
Recruitment, diet and general organization of examinations and competitions are defined by regulation.
Attendance centers and institutions of technical and vocational training is certified by a certificate stating the level attained.
The equity securities issued by the centers and technical and vocational training institutions is defined by regulation. Section 4
From the Higher Education and Scientific Research
Article 52 - For a quick and sustainable development, the country needs a modern higher education, supported and powered by a powerful search.
Article 53 - Structures are in place to: 14

- anticipate the development in all sectors of national life; - Identify the needs of human resources in the country; - Identify training and relevant research; - Take over at the faculty.
They are defined by regulation.
Article 54 - A contractual process between higher education and research institutions and private sector operators is established to meet the needs of the labor market and the economy.
Article 55 - To improve the efficiency and effectiveness of higher education institutions, it is set up a system allowing them to have the own resources. Beneficiary participation in the financing of Higher Education and Research is encouraged.
The structure, mission, functions centers, schools, institutes and public business groups and private higher education are defined by regulation.
PART III OF EDUCATIONAL INSTITUTIONS PRIVATE
Article 56 - Natural and legal persons may establish private educational institutions and training and meet their expenses after obtaining permission from the authorities responsible for education - education and training. The conditions for granting authorization are laid down by regulation.
The owner and the staff director of a private educational institution must be of Malagasy nationality unless special authorization issued by the Minister responsible.
The Director of the institution must be part of the teaching staff or educational support staff.
In addition, it is required that neither of the persons concerned has been a conviction for crime or intentional offense.
Article 57 - The private educational institutions must recruit some of their teaching staff full time. The proportion of these teachers is fixed by decree of the Minister of Education that takes into consideration the need for a permanent educational staff. Can be recruited for work or teaching in private institutions of people who have been a 15

court conviction for crime or intentional offense against persons or property.
Article 58 - The private schools are required to implement formal programs in place in schools of public education.

Can be created for private educational institutions with programs and special education plans, after authorization of the Minister of Education.
Article 59 - Students of educational institutions and private education can integrate public schools, according to the regulations.
They also have the right to take the examinations and national competitions, in accordance with the regulations.
Article 60 - The private educational institutions are subject to the educational, administrative and health inspection services of the competent ministries in order to verify the application of the conditions set by this Act and by the decrees and orders relating thereto.
Article 61 - In case of breach of an obligation under this chapter or breach of good manners and rules of hygiene and safety in the educational establishment, the owner was stripped after the hearing, the authorization referred to in Article 56 of this Act without prejudice to the penalties provided by law.
Article 62 - In case of withdrawal of the authorization provided for in Article 61, the supervisory authority may, where the interests of children or students require, ask the judge having territorial jurisdiction referred to appoint a manager among educational staff, on a proposal from the regulator, who heads the facility for a specified period not exceeding one year.
TITLE IV STAFF EDUCATION SYSTEM, EDUCATION AND TRAINING

Article 63 - The teaching staff consists of teachers, trainers, inspectors, planners, the management staff , counselors and information at school and university guidance, education and training counselors, supervisors and administrative and technical staff.
Article 64 - All members of the teaching staff, are obliged, throughout 16

their careers, continuing education is a necessity dictated by changes affecting knowledge and society by changing business.
Teacher training and continuing education are organized for educational staff according to the requirements dictated by the evolution of teaching methods and means and its contents, the interest of students and school , and needs related to promotion.
Article 65 - The members of the educational community assume, in cooperation and complementarity with the parents, the tasks assigned to them, as part of the essential missions of schools and educational institutions.
TITLE V EVALUATION, RESEARCH AND CONTROL
Article 66 - In the framework of rapid and sustainable development of education and training, and the sole concern of the general interest, evaluation and enforcement authorities are consulting and planning with regard to the nation, among the guarantors of the effectiveness and cost-effectiveness of the education and training system, as well as his loyalty to the fundamental principles by this Act. All components of the education system are the subject of a periodic and regular evaluation.
Different assessments are designed to objectively measure the performance of the school system, the institutions that fall and personnel who carry and student learning, so as to introduce the patches and the necessary amenities for the achievement of objectives.
Article 67 - Educational research is a powerful quality improvement factor of learning, school performance and its upgrade to meet international standards in the field of education .
Article 68 - Educational research covers the area of ​​pedagogy, teaching methods, curricula, teaching materials, teacher practices, school life, evaluation, and comparative studies in education and teaching.
Article 69 - Educational research is organized in specialized institutions and in collaboration with research centers and academic institutions.
Article 70 - As part of the national policy of fight against corruption and with regard to the principles of good governance, justice and transparency required for the rapid and sustainable development, it is essential that the

function 17 "CONTROL" has an important place in the management of state affairs.

The ministries responsible for education and training are no exception to these principles. They scrupulously ensure the strict management of its staff, the funds allocated to them, material made available, and effectiveness of education and training of learners.
Article 71 - Hierarchical controls are carried out in the various organs of the Ministries of Education and Training. They are insured by all authorities responsible for educational or training units, and by their superiors.
The hierarchical controls must also be within the central and decentralized services.
Article 72 - Inspections - Inspections as hierarchical controls are internal, but they are ordered by the Minister responsible.
Article 73 - The inspection body is registered in the flow chart of the Ministries of Education and Training. It is represented to the decentralized level.
Its mission is to ensure the proper implementation of the national education and training in control of the excellent work of staff in the sector and related policy or guardianship bodies, independent external audits.
Article 74 - The performance of each agent are assessed against the professional standards concerning the one hand, and compared to the indicators of quality, efficiency and results of the work of the unit where they work, d 'somewhere else.
The benchmarks and indicators are made available to all by regulation. They are checked during inspections and inspections. Besides the hierarchical controls, inspections - inspections are carried out by specialists in the field.
Article 75 - Implementation of the actions controls - inspections defined in this guidance law requires the presence of human, financial and material resources.
The rules implementing these provisions are set by regulation.

18 TITLE VI MISCELLANEOUS AND TRANSITIONAL PROVISIONS Article 76
- The restructuring of the education and training system takes effect from the enactment of this Act.
Article 77 - All provisions contrary to this law are and remain repealed, including Law No. 94-033 of 13 March 1995.
Antananarivo June 9, 2004 19

THE PRESIDENT OF NATIONAL ASSEMBLY, Lahiniriko Jean

THE PRESIDENT OF THE SENATE,
Rajemison Rakotomaharo

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