Uganda Act or statute

Parliament of Uganda

Education (Pre-Primary, Primary and Post-Primary) Act, 2008

The Act does not apply to universities and other tertiary institutions; the Minister may, by statutory instrument and with Cabinet approval, exempt an education institution from the Act. Lists the…

Jurisdiction: Uganda
Structure: 60 provisions
Citation: Chapter 247
Dates: As at 31 Dec 2023

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Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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“The Act does not apply to universities and other tertiary institutions; the Minister may, by statutory instrument and with Cabinet approval, exempt an education institution from the Act.”

The Act does not apply to universities and other tertiary institutions; the Minister may, by statutory instrument and with Cabinet approval, exempt an education institution from the Act. Lists the objectives of the Act, which focus on implementing government education policies, decentralisation, universal primary and post-primary education, partnerships, quality control, and promoting physical education and sports in schools. This section provides definitions of terms used in the Act (for example: "authority", "basic education", "board", "financial year", "Minister", "school", "teacher"). The Minister must implement constitutional education policies, initiate education policy reforms, issue statutory instruments on various education matters, and (subject to this Act) appoint implementing agencies. No person or agency may levy any charge for education in primary or post-primary institutions implementing the UPE or UPPET programmes; school management may receive voluntary contributions for emergencies; contraventions are an offence with fines or imprisonment.

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Preliminary - Application of Act

The Act does not apply to universities and other tertiary institutions; the Minister may, by statutory instrument and with Cabinet approval, exempt an education institution from the Act.

Section 1

Miscellaneous - Appeals Tribunal

Section 54

Registration and licensing of teachers - Roll of licensed teachers

The Director of Education must establish and maintain a roll of all persons licensed to teach under this Act, in a form the Director considers suitable.

Section 20

Special provisions relating to private schools - Classification of private schools

The Permanent Secretary, Chief Administrative Officer or Town Clerk must adopt a system of classification for schools and may further distinguish types and classes; they may amend that system and must cause amendments to be entered in t…

Section 34

Quality control of education - Directorate’s relationship with local governments

The directorate must incorporate municipal and district inspectors as associate assessors into its regional or national inspection programmes when needed to ensure national policy implementation and performance standards.

Section 49

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Showing 60 of 60 provisions

Provision 46Offence 10Amendment 2Interpretation

Part I

Preliminary

§ 1Preliminary - Application of ActProvision

The Act does not apply to universities and other tertiary institutions; the Minister may, by statutory instrument and with Cabinet approval, exempt an education institution from the Act.

Section Application of Act Section This Act shall not apply to universities and other tertiary institutions. The Minister may, by statutory instrument, with the approval of Cabinet, exempt an education institution from the application of this Act.

Section 1Verify source

§ 2Preliminary - Object of ActProvision

Lists the objectives of the Act, which focus on implementing government education policies, decentralisation, universal primary and post-primary education, partnerships, quality control, and promoting physical education and sports in schools.

Section Object of Act Section The object of the Act is— to give full effect to the education policy of Government and functions and services by Government; to give full effect to the decentralisation of education services; to give full effect to the Universal Primary Education Policy of Government; to give full effect to the Universal Post-Primary Education and Training Policy of Government; to promote partnership with the various stakeholders in providing education services; to promote quality control of education and training ; and to promote physical education and sports in schools.

Section 2Verify source

§ 3Preliminary - InterpretationInterpretation

This section provides definitions of terms used in the Act (for example: "authority", "basic education", "board", "financial year", "Minister", "school", "teacher").

Section Interpretation Section In this Act, unless the context otherwise requires— “ authority ” means a district council, city council, city division council, municipal council, municipal division council, town council, division council or subcounty council; “ basic education ” means the minimum education package of learning made available to each individual or citizen through phases of formal primary education or through the non-formal education system, to enable him or her be a good and useful person in society; “ board ” means a Board of Governors of a school ; “ Chairperson ” means a Chairperson of the Management Committee or Board of Governors; “ Chief Administrative Officer or Town Clerk ” means a person appointed by the Public Service Commission to be the executive head of a district or municipal council; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ DES ” means the Directorate of Education Standards; “ Director of Education ” means the head of the Directorate of Education in the ministry responsible for education, whose role is to guide, direct, coordinate and ensure the performance of education in Uganda; “ District Education Officer ” means an officer appointed either by Government or a local government to assist in the administration of education services; “ Education Officer ” includes an officer appointed by either the Education Service Commission or by the district service commission to assist in the administration of education services; “ financial year ” means the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year; “ formal education ” means a package of learning made available by recognised schools and institutions following approved curriculum standards and guidelines; “ formal training ”means instructions given in schools, training institutions or specifically designed training areas, usually conducted within a structured programme with precise training objectives; “ foundation body ” means an individual or group or organisation which founds and manages an education institution; “ functions ” includes powers and duties; “ Government founded school or institution ” means a school or institution founded by Government; “ Government grant-aided institution ” means a school or institution not founded by Government but which receives statutory grants in the form of aid from Government and is jointly managed by the foundation body and Government; “ grants ” includes annual recurrent and capital grants from Government, salaries and wages capitation and instructional materials; “ headteacher ” includes a headmistress, headmaster, principal or director of a school ; “ international institution ” means a private educational institution offering foreign curricula, examinations and certification; “ inspector of schools ” means a person appointed for the purposes of quality control by the Education Service Commission or a district service commission; “ local government ” means a local council established under section 3(2) , (3) , (4) and (5) of the Local Governments Act ; “ Management Committee ” means the legal body established to manage a primary school ; “ Minister ” means the Minister responsible for education; “ non-formal education ” means a complementary flexible package of learning designed in consultation with the indigenous community to suit the demands and lifestyles of the community and to enrich the indigenous knowledge, values and skills with particular emphasis to literacy, numeracy and writing skills; “ Permanent Secretary ” means the Permanent Secretary of the Ministry responsible for education; “ private school ” means a school not founded by Government and which does not receive statutory grants from Government; “ public service ” has the same meaning as in the Constitution ; “ pupil ” means a person receiving instruction in any subject at a primary school and enrolled as a pupil on a register in that school ; “ school ” means an institution in which not less than eighty or in special circumstances, not less than ten persons receive regular instruction or an institution which provides instruction by correspondence, but does not include— (a) any institution in which persons meet solely for the purpose of receiving religious instruction; (b) any institution with the purpose of giving adult instruction; or (c) any institution in which persons meet solely for the purpose of receiving instruction in any subject which the Minister has declared by regulations to be outside this Act; “ standing committee of education ” includes a subcommittee of a subcounty, municipality, municipal division or parish council to which functions have been delegated by the district council standing committee responsible for education; “ school owner ” includes the foundation body or person which or who is wholly or partially responsible for the ongoing activities of the school ; “ statutory grants ” means salary, capital development grants , capitation grants and instructional material grants given to the Government-aided schools at a rate determined by Government from time to time; “ student ” means a person studying in a post-primary institution; “ teacher ” means a person who has successfully completed a course of training approved by the Ministry responsible for education and has been entered in the Register of Teachers or a person who is licensed by the Ministry responsible for education to teach and has been entered on the roll of teachers; “ tertiary education ” means post secondary institutions other than universities which confer certificates, diplomas or degrees; “ trade ” means a skilled occupation; “ training ” means a process of preparing or being prepared for a job that is bringing a person to a desired standard or efficiency by instruction and practice; “ trainee ” means a person undergoing instruction to acquire competence for a job; “ UPE ” means the State-funded Universal Primary Education programme where tuition fees are paid by Government, where the principle of equitable access to conducive, quality, relevant and affordable education is emphasised for all children of all sexes, categories and in special circumstances; “ UPPET ” means Universal Post-Primary Education and Training; “ USE ” means the State-funded Universal Secondary Education programme providing obstacle free post-primary education.

Section 3Verify source

Part II

Roles and powers of Minister

§ 4Roles and powers of Minister - Roles and powers of MinisterProvision

The Minister must implement constitutional education policies, initiate education policy reforms, issue statutory instruments on various education matters, and (subject to this Act) appoint implementing agencies.

Section Roles and powers of Minister Section Without prejudice to the general duties of the Minister under subsection (1) , the Minister shall— The Minister shall ensure that the national policies and objectives enshrined in the Constitution are implemented and observed at all levels of education. initiate policies and reforms of education as the need arises; and issue statutory instruments regarding Universal Primary Education, Universal Post-Primary Education and Training, school meals, school charges, school uniforms, management and governance of education institutions in accordance with this Act. Subject to the provisions of this Act, the Minister shall appoint relevant implementing agencies for the effective implementation of the Act. For the avoidance of doubt, it shall be the responsibility of the Minister to ensure that decentralised education services are in harmony with or conform to the national policy on education.

Section 4Verify source

Part III

Provision of education and training

§ 10Provision of education and training - Prohibition of charging for education under UPE and UPPET programmesOffence

No person or agency may levy any charge for education in primary or post-primary institutions implementing the UPE or UPPET programmes; school management may receive voluntary contributions for emergencies; contraventions are an offence with fines or imprisonment.

Section Prohibition of charging for education under UPE and UPPET programmes Section No person or agency shall levy or order another person to levy any charge for purposes of education in any primary or post-primary institution implementing the UPE or UPPET programme. Subsection (1) shall not be construed to deter the management of any school or institution implementing the UPE or UPPET programme from collecting or receiving voluntary contributions or payments from parents and well wishers to contain a state of emergency or any urgent matter concerning the school . A pupil or student shall not be sent away from a school or an institution or denied access to education for failure to pay any contribution referred to under subsection (2) . Any person who contravenes subsection (1) , (2) or (3) commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both.

Section 10Verify source

§ 5Provision of education and training - Policy on provision of education and trainingProvision

Provision of education and training to the child is a joint responsibility of the State, the parent or guardian and other stakeholders; basic education is a right enjoyed by all persons.

Section Policy on provision of education and training Section Provision of education and training to the child shall be a joint responsibility of the State, the parent or guardian and other stakeholders. Basic education shall be provided and shall be enjoyed as a right by all persons. Financing of education shall be through fees, grants , donations, training levies, education tax, and any other means as deemed appropriate by Government. Religious studies shall form part of the curriculum in primary and post-primary schools.

Section 5Verify source

§ 6Provision of education and training - Responsibilities of stakeholders in education and trainingProvision

Section lists responsibilities of Government (through relevant agencies), parents and guardians, foundation bodies, and Government regarding non-formal and private education.

Section Responsibilities of stakeholders in education and training Section Government through its relevant agencies shall be responsible for— The responsibilities of parents and guardians shall include— The responsibility of the foundation body shall, in accordance with the set policy, include— The responsibility of Government in the provision of non-formal education shall be— the provision of learning and instructional materials, structural development and teachers welfare; setting policy for all matters concerning education and training ; setting and maintaining the national goals and broad aims of education; providing and controlling the national curriculum; evaluating academic standards through continuous assessment and national examinations; registering and licensing teachers; recruiting, deployment and promotion of both teaching and nonteaching staff; determining the language and medium of instruction; encouraging the development of a national language; ensuring equitable distribution of education institutions; regulating, establishing, and registering educational institutions; management, monitoring, supervising and disciplining staff and students; ensuring supervision of performance in both public and private schools; and development of management policies for all Government and Government-aided schools and private schools. to register their children of school -going age at school ; to provide parental guidance and psychosocial welfare to their children; to provide food, clothing, shelter, medical care and transport; to promote moral, spiritual and cultural growth of the children; to participate in the promotion of discipline of their children; to participate in community support to schools; and to participate in the development and review of the curriculum. to participate in ensuring proper management of schools of their foundation; to ensure the promotion of religious, cultural and moral values and attitudes in schools of their foundation; to participate in policy formulation; to participate in education advocacy; to mobilise of resources for education purposes; to participate in the implementation, monitoring and evaluation of education services; and to participate in designing, development, implementation, monitoring and reviewing of the curriculum. The responsibility of Government in private education institutions shall be to ensure that the private education institutions conform to the rules and regulations governing the provision of education services in Uganda. to identify the areas or communities where non-formal education programmes are required; to establish non-formal education centres; to set guidelines and provide materials for non-formal education programmes; and to pay the teachers or instructors in non-formal education programmes.

Section 6Verify source

§ 7Provision of education and training - Categories of education institutionsProvision

Education institutions shall be categorised into public/Government founded, Government grant-aided, private (profit, non-profit and international) and non-formal education centres.

Section Categories of education institutions Section Education institutions shall be categorised as— public education institutions or Government founded institutions; Government grant-aided education institutions; private institutions which shall include profit and non-profit making, and international institutions; and non-formal education centres.

Section 7Verify source

§ 8Provision of education and training - Government grant-aided education institutionsProvision

An education institution only qualifies for grant-aiding if it has fulfilled the regulations' requirements for licensing and registration; the Government may, on application by a school's foundation body, decide which institutions shall be or continue to be grant-aided.

Section Government grant-aided education institutions Section An education institution does not qualify for grant-aiding unless it has fulfilled the requirements of the regulations for licensing and registration. The Government may, on application by the foundation body of any school , determine which education institution shall be or continue to be grant-aided.

Section 8Verify source

§ 9Provision of education and training - Responsibilities of Government towards grant-aided education institutionsProvision

Government must fulfil a set of responsibilities towards grant-aided education institutions, including deploying trained teachers, paying staff salaries and allowances, appointing and deploying heads in consultation with foundation bodies, providing grants and educational materials, issuing national admission guidelines, monitoring staff behaviour and performance, and ensuring child safety and security in schools and education institutions.

Section Responsibilities of Government towards grant-aided education institutions Section The responsibility of Government in a grant-aided education institution includes the following— ensuring that trained teachers are deployed; paying salaries and allowances to teachers; appointing heads for Government grant-aided education institutions and deploying such heads to institutions in consultation with foundation bodies; paying salaries and wages to all established non-teaching staff; paying statutory grants ; providing educational materials and other capital development inputs; providing national selection and admission guidelines for all pupils or students to be enrolled; monitoring the behaviour and performance of staff both teaching and non-teaching; and ensuring the safety and security of children in schools and all education institutions.

Section 9Verify source

Part IV

Structure of education

§ 11Structure of education - Levels of educationProvision

Sets four education levels and prescribes duties for Government, pre-primary institutions, parents/guardians, children and primary education regarding operation, curriculum, licensing, compulsory attendance and durations.

Section Levels of education Section There shall be four levels of education as follows— The following shall apply to pre-primary education— Government shall— The following shall apply to primary education— Post-primary education and training includes— pre-primary education; primary education; post-primary education and training ; and tertiary and university education. pre-primary education institutions are to be run by private agencies or persons and are to provide education to children aged two to five years and the financing of pre-primary education shall be the responsibility of the parents or guardians; provide the curriculum, guidelines on minimum standards for school buildings, equipment and other relevant facilities for pre-primary institutions, through its relevant agencies; provide the curriculum for teachers training for pre-primary teachers and ensure that the teachers who teach in preprimary institutions have the necessary qualifications; and cause all pre-primary schools to be licensed, registered and regularly inspected by Government education inspectors; pre-primary schools shall be day schools. primary education shall be universal and compulsory for pupils aged six years or more and shall last seven years; all children of school -going age shall enter and complete the primary education cycle of seven years; and Government shall ensure that a child who drops out of school before completing the primary education cycle attains basic education through alternative approaches to providing that education. secondary education which shall be four years and two years of ordinary secondary and advanced secondary schooling respectively; other post-primary education and training not provided for in paragraph (a) . Tertiary education shall include post-secondary education and technical education provided for under the Universities and Other Tertiary Institutions Act .

Section 11Verify source

Part IX

Miscellaneous

§ 50Miscellaneous - Non-formal education centresProvision

The Permanent Secretary, Chief Administrative Officer or Town Clerk may identify non-formal education centres for purposes of non-formal education.

Section Non-formal education centres Section There shall be non-formal education centres as the Permanent Secretary , Chief Administrative Officer or Town Clerk may identify for purposes of non-formal education . The centres specified in Schedule 6 to this Act are formally recognised under this Act as non-formal education centres.

Section 50Verify source

§ 51Miscellaneous - Business not sanctioned by Board of GovernorsProvision

Persons, organisations or agencies must not conduct or permit any business in a school without the Board's prior sanction; those who do must pay all expenses and costs of that business.

Section Business not sanctioned by Board of Governors Section No person, organisation or agency shall transact or allow the transaction of any business with or in any school without the prior sanction of the Board. A person who transacts or allows the transaction of business contrary to subsection (1) shall meet all the expenses and costs of the business transacted.

Section 51Verify source

§ 52Miscellaneous - Offences and penaltiesOffence

It is an offence for a person, organisation or agency to refuse or deter a child from enrolling for UPE, or to levy fees beyond Ministerial maxima or wrongfully deny access to UPE/UPPET beneficiaries; convicted offenders face fines (up to fifty currency points), warnings, community service (up to six months) or imprisonment (up to one year) depending on the offence tier.

Section Offences and penalties Section Any person, organisation or agency who or which refuses to enrol or deters a child from enrolling for UPE in accordance with section 11(3)(a) commits an offence and is liable, on conviction— to a fine not exceeding fifty currency points or a warning, or both, in case of a first offence; to a fine not exceeding fifty currency points or community service for a period not exceeding six months, or both, in case of a second offence; and to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both, for subsequent offences. Any person or agency who or which levies fees beyond the maximum fees prescribed by the Minister under section 58(g) or who or which wrongfully denies access to education to a pupil or student who is a beneficiary of the UPE or UPPET programme for failure to pay extra charges, commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both.

Section 52Verify source

§ 53Miscellaneous - Delegation of functionsProvision

The Permanent Secretary, Chief Administrative Officer or Town Clerk must not delegate certain listed functions; but, subject to subsection (2) and specified conditions, they may delegate other functions to any public officer, and any delegation must be in Form E.

Section Delegation of functions Section The Permanent Secretary , Chief Administrative Officer or Town Clerk shall not delegate any of the following functions — Subject to subsection (2) , the Permanent Secretary , Chief Administrative Officer or Town Clerk may delegate to any public officer any functions conferred or imposed on him or her by this Act, subject to such conditions, exceptions or qualifications as he or she may specify. The delegation shall be in Form E specified in Schedule 4 to this Act. classifying education institutions; closing of education institutions and cancellation of classifications of education institutions; and ordering the closure and removal of an education institution from the register of private education institutions.

Section 53Verify source

§ 54Miscellaneous - Appeals TribunalProvision

The Minister must establish an Appeals Tribunal by statutory instrument and direct which appeals it may hear; the Tribunal must have a chairperson and at least three other members with specified qualifications, may be formed at district level by the District Education Officer in consultation with the Chief Administrative Officer, and the Minister may delegate the power to form a Tribunal in writing.

Section Appeals Tribunal Section For the purpose of hearing any appeal arising under this Act, the Minister shall establish an Appeals Tribunal, by statutory instrument, and shall direct what appeals may be entertained by the Appeals Tribunal. An Appeals Tribunal shall consist of a chairperson and not less than three other members appointed by the Minister or District Education Officer, one of whom shall be a member of a foundation body and two of whom shall be registered teachers with not less than ten years practical teaching experience. The chairperson of an Appeals Tribunal shall be a chief magistrate or a person who, in the opinion of the Minister or District Education Officer , has had adequate judicial or magisterial experience or has practiced law for a period of not less than five years. The District Education Officer in consultation with the Chief Administrative Officer may establish and appoint a district tribunal to handle appeals in regard to all education services in the district. The Minister may in writing delegate to the Permanent Secretary , Chief Administrative Officer or Town Clerk the power to form an Appeals Tribunal under this section. For the avoidance of doubt, an Appeals Tribunal under this section shall also handle appeals of teachers in private education institutions.

Section 54Verify source

§ 55Miscellaneous - Procedure of Appeals TribunalProvision

An Appeals Tribunal must have decisions made by a majority of members present; its decisions are final; and it must regulate its own procedure.

Section Procedure of Appeals Tribunal Section A decision of an Appeals Tribunal shall be a decision of the majority of the members present at the meetings. The decision of an Appeals Tribunal shall be final. An Appeals Tribunal shall regulate its own procedure.

Section 55Verify source

§ 56Miscellaneous - Notice of appealProvision

A person entitled to appeal must send a written notice setting out grounds to the Permanent Secretary, Chief Administrative Officer or Town Clerk; those officials must inform the Minister or district secretary for education and forward the notice to the Appeals Tribunal within thirty working days.

Section Notice of appeal Section A person entitled to appeal to an Appeals Tribunal shall send a notice of his or her appeal in writing to the Permanent Secretary , Chief Administrative Officer or Town Clerk setting out the grounds of the appeal. On receipt of the notice of appeal, the Permanent Secretary , Chief Administrative Officer or Town Clerk shall inform the Minister or the district secretary for education; and the Permanent Secretary , Chief Administrative Officer or Town Clerk shall forward the notice of the appeal to the Appeals Tribunal within thirty working days.

Section 56Verify source

§ 57Miscellaneous - Hearing of appealsProvision

The appellant and the Permanent Secretary, Chief Administrative Officer or Town Clerk are entitled to be heard before an Appeals Tribunal within thirty working days; the Appeals Tribunal may hear fresh evidence; parties may appear in person or be represented.

Section Hearing of appeals Section The appellant and the Permanent Secretary , Chief Administrative Officer or Town Clerk shall be entitled to be heard before an Appeals Tribunal within thirty working days. An Appeals Tribunal may, in its discretion, hear fresh evidence. The appellant may appear in person or be represented by an advocate. The Permanent Secretary , the Chief Administrative Officer or Town Clerk may appear in person or may be represented by an education officer, or in any case where the appellant is represented by an advocate, he or she may also be legally represented.

Section 57Verify source

§ 58Miscellaneous - RegulationsProvision

The Minister may, by statutory instrument, make regulations covering the listed matters relating to schools and education.

Section Regulations Section The Minister may, by statutory instrument, make regulations for all or any of the following matters— prescribing and defining various categories and grading of schools; defining the functions for any class of schools established under the Act; prescribing the conditions governing the award of grants ; providing for the management and control of schools of any description of category including the composition, procedures and functions of Boards of Governors and Management Committees, the establishment of Boards of Governors and Management Committees and appointments to such boards and committees; prescribing courses of instruction and examinations to be taken after such courses; prescribing examinations for teachers and the conditions governing any examination held under the authority of the Permanent Secretary , Chief Administrative Officer or Town Clerk ; regulating the fees payable at any school ; regulating gender aspects and special needs education; and providing for any matter necessary for giving effect to the provisions of this Act.

Section 58Verify source

§ 59Miscellaneous - Management Committees and Board of Governors regulationsProvision

Schedule 2 regulations apply to management of primary schools (Government or privately owned); Schedule 3 regulations apply to management of post-primary educational institutions other than universities or other tertiary institutions not provided for in this Act (Government or privately owned).

Section Management Committees and Board of Governors regulations Section The regulations set out in Schedule 2 to this Act shall apply to the management of primary schools whether Government or privately owned. The regulations set out in Schedule 3 to this Act shall apply to the management of all post-primary educational institutions other than universities or other tertiary institutions not provided for in this Act, whether Government or privately owned.

Section 59Verify source

§ 60Miscellaneous - Power to amend SchedulesAmendment

The Minister may amend Schedule 1 by statutory instrument with Cabinet approval, and may amend Schedules 2 and 3 by statutory instrument on the recommendation of the Director of Education.

Section Power to amend Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act. The Minister may, by statutory instrument, on the recommendation of the Director of Education , amend Schedules 2 and 3 to this Act.

Section 60Verify source

Part V

Registration and licensing of teachers

§ 12Registration and licensing of teachers - Persons who may teachProvision

No person may teach in any public or private school unless registered as a teacher or licensed to teach under this Act.

Section Persons who may teach Section No person shall teach in any public or private school of any description unless he or she is registered as a teacher or licensed to teach under this Act.

Section 12Verify source

§ 13Registration and licensing of teachers - Register of teachersProvision

The Director of Education must maintain a Register of Teachers; registered teachers must pay specified registration and duplicate-certificate fees; the Director may endorse conditions on registration certificates.

Section Register of teachers Section The Director of Education shall maintain or cause to be maintained a Register of Teachers entitled to be registered under section 14(1) . Every teacher whose name is entered in the register shall pay the registration fee specified in Schedule 5 to this Act. A registered teacher shall also pay in respect of the issue to him or her of a duplicate certificate the fee specified in Schedule 5 to this Act. The Director of Education may, in appropriate cases, endorse on a certificate of registration issued under this section, a condition that the holder of the certificate of registration shall only teach a particular subject or only teach a particular class in a school . A certificate of registration issued under this section shall be in Form A as specified in Schedule 4 to this Act. The Register of Teachers and all copies and extracts of the register certified under the hand of the Director of Education to be correct shall be received in evidence in all courts.

Section 13Verify source

§ 14Registration and licensing of teachers - Persons entitled to registerProvision

A person who completes an approved teacher training course is entitled to be registered as a teacher upon application to the Director of Education.

Section Persons entitled to register Section A person who completes successfully as a teacher a course of training approved by the Ministry responsible for education shall be entitled, on application made to the Director of Education , to be registered as a teacher . An application for registration as a teacher shall be made to the Director of Education in Form B as specified in Schedule 4 to this Act.

Section 14Verify source

§ 15Registration and licensing of teachers - Refusal to register person as teacherProvision

If the Director of Education refuses to register a person as a teacher, the Director must serve a written notice stating reasons and inform the applicant of the right to appeal; an aggrieved applicant may appeal to the Appeals Tribunal within forty-five days from service.

Section Refusal to register person as teacher Section If the Director of Education refuses an application for registration as a teacher , the Director of Education shall serve a written notice of refusal upon the applicant stating in the notice the reasons why the Director of Education has refused to register the applicant and shall inform him or her of his or her right of appeal to the Appeals Tribunal provided for by section 54 . An applicant who is aggrieved by the decision of the Director of Education made under this section may appeal to the Appeals Tribunal within forty-five days beginning with the day of the service of the notice upon him or her.

Section 15Verify source

§ 16Registration and licensing of teachers - Removal of name of teacher from registerOffence

The Director of Education must remove a teacher's name from the Register of Teachers in specified circumstances; procedures include notice, return of registration certificate within 30 working days, and an appeal within 45 working days.

Section Removal of name of teacher from register Section The Director of Education shall, on the advice of the Education Service Commission, or may, on his or her own motion, where the teacher concerned is not employed in the public service , remove from the Register of Teachers the name of any teacher who— has died; applies for the removal of his or her name from the register; is convicted of a criminal offence involving moral turpitude for which a fine of not less than five currency points or imprisonment for a term of not less than three months has been imposed; has been found guilty of misconduct which, in the opinion of the Education Service Commission or the Director of Education , renders the teacher an unsuitable person for employment as a teacher ; has not been engaged in academic studies relating to teaching or in the administration of education services for a continuous period of five years; or has contravened or failed to comply with any condition of his or her registration. For the purposes of subsection (1)(d) , “misconduct” includes professional misconduct, and conduct prejudicial to the physical, mental or moral welfare of any pupil or student in any school . The Education Service Commission shall not recommend the removal of the name of any teacher from the register, nor shall the Director of Education remove the name of any teacher from the register on his or her own motion under subsection (1)(d) or (f) , unless the Education Service Commission or the Director of Education has given the teacher an opportunity of answering any charge of misconduct which has been made against him or her. When the Director of Education removes the name of any teacher from the register in accordance with this section, he or she shall immediately serve or cause to be served upon the teacher and upon the Board of Governors or Management Committee of the school in which the teacher is teaching, a written notice of the removal. As soon as a teacher has been served with the notice referred to in subsection (4) , that teacher shall return his or her certificate of registration to the Director of Education . A teacher whose name has been removed from the register who fails to return his or her certificate of registration to the Director of Education within thirty working days from the day of receipt of the notice, commits an offence and is liable, on conviction, to a fine not exceeding five currency points. Every teacher , other than a teacher employed in the public service , whose name is removed from the register under this section, may, if he or she is dissatisfied with the action taken by the Director of Education , appeal within forty-five working days beginning with the day on which the decision was communicated to him or her, to the Appeals Tribunal.

Section 16Verify source

§ 17Registration and licensing of teachers - Restoration of name of teacher on registerProvision

A teacher removed from the register may apply after two years for restoration; the Director of Education may grant (with or without conditions), advise reapplication at a future date, or refuse.

Section Restoration of name of teacher on register Section Where an application is made for the restoration of a name on the register, the Director of Education may— A teacher whose name has been removed from the register may, after two years from the date of the removal of his or her name, apply to the Director of Education , in such manner as may be prescribed, for his or her name to be restored on the register. grant the application; grant the application subject to conditions; advise the applicant to apply again at a future date as the Director of Education may specify; or refuse to grant the application.

Section 17Verify source

§ 18Registration and licensing of teachers - Issue of statement of eligibilityProvision

The Director of Education may issue a statement of eligibility on payment of a prescribed fee; the holder is entitled to have their name entered on the roll of licensed teachers and be issued a licence to teach; statements are valid for up to two years and renewable but not beyond six years in total.

Section Issue of statement of eligibility Section The Director of Education may, on payment of such fee as may be prescribed, issue to any person a statement of eligibility in Form C specified in Schedule 4 to this Act, which shall entitle the holder to have his or her name entered on the roll of licensed teachers and to be issued with a licence to teach notwithstanding that the person has not completed successfully a course of training as a teacher or has not undertaken a course of training as a teacher . The statement of eligibility shall be valid for a period not exceeding two years from the date of issue but may be renewed on payment of such fee as may be prescribed for further periods not exceeding two years at a time and not more than six years in total. An application for the issue or renewal of a statement of eligibility under this section shall be made to the Director of Education in such form as the Director of Education may approve. The Director of Education shall enter the name of a person to whom a statement of eligibility is issued on the roll of licensed teachers and shall issue to that person a licence to teach, in Form D specified in Schedule 4 to this Act. The Director of Education may, in appropriate cases, endorse on a licence to teach issued under this section, a condition that the teacher only teaches particular subjects or teaches in a particular school . A licence to teach issued under this section shall authorise the holder to teach in any school as long as the name of the holder of the licence remains on the roll of licensed teachers.

Section 18Verify source

§ 19Registration and licensing of teachers - Refusal to renew licenceProvision

If the Director of Education refuses to renew a person's statement of eligibility and teaching licence, the Director must serve a written notice stating reasons and inform the person of their right to appeal; the aggrieved applicant may appeal to the Appeals Tribunal within 45 working days, and the Appeals Tribunal must decide and notify within 30 working days.

Section Refusal to renew licence Section If the Director of Education refuses to renew a statement of eligibility and a licence to teach of any person licensed to teach, he or she shall serve a written notice of the refusal on that person stating in the notice the reasons why he or she has refused to renew the statement of eligibility and a licence to teach and shall inform that person of his or her right of appeal to the Appeals Tribunal. Any applicant who is aggrieved by the decision of the Director of Education made under this section may appeal to the Appeals Tribunal within forty-five working days beginning from the day of service of the notice upon him or her. The Appeals Tribunal shall deal with the appeal and notify the applicant of its decision within thirty working days from the date on which the appeal was filed with the Appeals Tribunal.

Section 19Verify source

§ 20Registration and licensing of teachers - Roll of licensed teachersProvision

The Director of Education must establish and maintain a roll of all persons licensed to teach under this Act, in a form the Director considers suitable.

Section Roll of licensed teachers Section The Director of Education shall establish or cause to be established and maintained, in such a form as he or she may think suitable, a roll of all persons licensed to teach under this Act. The roll and all copies and extracts of the roll certified under the hand of the Director of Education to be correct shall be received in evidence in all courts.

Section 20Verify source

§ 21Registration and licensing of teachers - Cancellation of licenceOffence

The Director of Education may cancel a person's teaching licence for specified reasons; before cancelling for misconduct or contravention of licence conditions the Director must give the teacher an opportunity to answer the charge.

Section Cancellation of licence Section The Director of Education may cancel any licence to teach of any person who— has died; applies for the cancellation of his or her licence; is convicted of a criminal offence involving moral turpitude for which a fine of not less than five currency points or imprisonment for not less than two and a half months has been imposed; is found guilty of misconduct as in the opinion of the Director of Education renders the teacher an unsuitable person for employment as a teacher ; or has contravened or failed to comply with any condition of his or her licence to teach. For the purpose of subsection (1)(d) , “misconduct” includes professional misconduct and conduct prejudicial to the physical, mental or moral welfare of any pupil or student in any school . The Director of Education shall not cancel a licence to teach under subsection (1)(d) or (e) unless he or she has given to the teacher an opportunity of answering any charge of misconduct which has been made against the teacher . Upon the cancellation of a licence to teach, the teacher ’s name shall be removed from the roll of licensed teachers.

Section 21Verify source

§ 22Registration and licensing of teachers - Restoration of licenceProvision

A person whose teaching licence was cancelled may apply to the Director of Education to have it restored; the Director may grant the application (with or without conditions), advise the applicant to reapply at a future date, or refuse the application.

Section Restoration of licence Section Where an application is made under subsection (1) , the Director of Education may— A person whose licence to teach has been cancelled may apply to the Director of Education in such manner as may be prescribed for his or her licence to teach to be restored. grant the application; grant the application subject to conditions; advise the applicant to apply again at a future date as he or she may specify; or refuse to grant the application.

Section 22Verify source

§ 23Registration and licensing of teachers - Notice of cancellation to be served on teacherOffence

When the Director of Education cancels a teacher's licence he or she must immediately serve notice on the teacher and the school owner; the teacher must return the licence, and failing to return it within 30 working days is an offence punishable by a fine not exceeding five currency points; an aggrieved teacher may appeal within 45 days.

Section Notice of cancellation to be served on teacher Section When the Director of Education cancels a licence to teach of any teacher , he or she shall immediately cause a notice of the cancellation to be served on the teacher and the owner of the school where the teacher is teaching. As soon as a teacher has been served with the notice referred to in subsection (1) , the teacher shall return to the Director of Education his or her licence to teach. A teacher whose licence to teach has been cancelled, who fails to return the licence to teach to the Director of Education within thirty working days beginning from the day of the receipt of the notice, commits an offence and is liable, on conviction, to a fine not exceeding five currency points. Any teacher who is aggrieved by the decision of the Director of Education made under this Act cancelling his or her licence to teach, may appeal to the Appeals Tribunal within forty-five days beginning from the day of service of the notice upon him or her.

Section 23Verify source

§ 24Registration and licensing of teachers - Offences relating to teaching after cancellation of registration or licenceOffence

Anyone who continues to teach after being notified that their registration or licence to teach has been cancelled, permits such a person to teach or continues to employ them after notification, contravenes the conditions of their registration or licence, or knowingly employs someone in contravention of the Act commits an offence.

Section Offences relating to teaching after cancellation of registration or licence Section Any person who— continues to teach in a public or private school after he or she has been notified of the cancellation of his or her registration or licence to teach; permits any person to teach or continues to employ any teacher in his or her school after he or she has been notified of the cancellation of the registration or licence to teach; contravenes, in any way, the conditions of his or her registration or licence to teach; or knowingly employs any person as a teacher in contravention of any provision of this Act,

Section 24Verify source

Part VI

Control and management of schools

§ 25Control and management of schools - Appointment of Director of Education, education officers, inspectors and other officersProvision

Education officers appointed by the Education Service Commission must be under the direction of the Director of Education; a headteacher may be a proprietor or director of a private school provided they are not its manager.

Section Appointment of Director of Education, education officers, inspectors and other officers Section Subject to the provisions of any written law relating to the appointment of any person to a public office and in the public service , there shall be appointed a Director of Education , education officers, inspectors of schools and other officers as are necessary for the purpose of this Act. All education officers appointed under this section by the Education Service Commission shall be under the direction of the Director of Education . A headteacher may be a proprietor or director of a private school if he or she is not its manager.

Section 25Verify source

§ 26Control and management of schools - Powers of inspector of schoolsOffence

Inspectors of schools may enter schools (with or without notice), inspect premises and accounts, remove records for audit; headteachers must provide records on request; obstructing an inspector is an offence punishable by a fine not exceeding five currency points.

Section Powers of inspector of schools Section An inspector of schools may, at any time, with or without notice, enter into any school or any place at which it is reasonably suspected that activities of an education institution are being carried out and— inspect and provide a report to the Permanent Secretary , the District Education Officer and the relevant foundation body , in a format prescribed by the Directorate of Education Standards, with respect to the school or any aspect of it, including any building, workshop, dormitory, hostel or kitchen used in connection with the education institution and any other building or property on the site of the school ; and inspect or cause to be audited the accounts of the school and may temporarily remove any books or records for the purpose of inspection or audit. Every headteacher shall, on being requested by an inspector of schools , place at the disposal of the inspector of schools all records, accounts, notebooks and any other materials belonging to the school , for inspection or audit and the inspector of schools shall acknowledge in writing receipt of those records, accounts, notebooks and any other materials belonging to the school entrusted to him or her by the headteacher for purposes of inspection or audit. Any person who wilfully obstructs an inspector of schools from lawfully entering or having entered, from making an inspection of a school or its accounts, commits an offence and is liable, on conviction, to a fine not exceeding five currency points.

Section 26Verify source

§ 27Control and management of schools - District council standing committee responsible for educationProvision

A district or municipal council standing committee for education must oversee all educational services decentralised to a district, municipal, town council, division or subcounty, subject to any written law.

Section District council standing committee responsible for education Section Subject to any written law, a district or municipal council standing committee for education shall be responsible for the oversight role of all educational services decentralised to a district, municipal, town council, division or subcounty.

Section 27Verify source

§ 28Control and management of schools - Education development planProvision

District councils must cause three-year education development plans to be prepared and include them in the district's comprehensive development plan; standing committees responsible for education must prepare such plans in consultation with specified education officers; district councils may approve submitted plans with or without modifications.

Section Education development plan Section A district council shall cause an education development plan to be prepared in respect of the educational services to be administered by the local government , which shall cover a period of three years as prescribed by the Local Governments Act , and the plan shall be part of the comprehensive and integrated development plan of the district. Every district council standing committee responsible for education shall prepare, in consultation with the District Education Officer and the municipal, division, town and subcounty council education officer for which it is established, an education development plan for promoting educational services for which it is responsible. A development plan to which subsection (2) applies shall be submitted for approval in such a manner and at such times as the district council may direct. A district council may approve with or without modifications any education plan submitted to it under this section. Every education development plan prepared under this section and approved by a district council shall constitute the education development plan during such period and in respect of such educational services to which it refers.

Section 28Verify source

§ 29Control and management of schools - Board of Governors and Management CommitteesProvision

The Minister may make regulations for boards or management committees; the Minister or District Education Officer must constitute such boards/committees by Gazette notice and may appoint members.

Section Board of Governors and Management Committees Section The Minister , in consultation with the stakeholders, may by regulations make provision for any Board of Governors or Management Committee established under this section, in respect of all or any of the following matters— There shall be constituted by the Minister or a District Education Officer , by notice in the Gazette , a Board of Governors or a Management Committee for any education institution declared by the Minister or District Education Officer , as the case may be, to be an institution governed by a Board of Governors or a Management Committee and may appoint to it such number of members as provided for by this Act. the authentication of the seal, the signification of decisions and the execution of documents of the Board of Governors and Management Committee ; the term of office of the members; the remuneration or allowances to be paid to the members; the appointment of the committees of the Board of Governors or Management Committee and the delegation of powers to such committees or to officers of the school ; the procedure to be followed at the meetings of the Board of Governors or Management Committee ; the powers of the Board of Governors or Management Committee in relation to the staff of the school or group of schools; the duties of the headteachers to Board of Governors or Management Committee ; and the funds of the school , including estimates, keeping of accounts and audit of such accounts.

Section 29Verify source

§ 30Control and management of schools - Default by Board of Governors or Management CommitteeProvision

The Minister or District Education Officer may suspend or dismiss a school's Board or Committee and appoint replacements or persons to perform its functions where, after consulting the school's foundation body, they consider the board has behaved irresponsibly or failed to perform its functions; appointed persons may serve for up to six months and the Minister or District Education Officer may set how they perform the functions.

Section Default by Board of Governors or Management Committee Section Where in the opinion of the Minister or District Education Officer as the case may be, in consultation with the foundation body of the school concerned, it is established that the Board of Governors or Management Committee has behaved irresponsibly or has failed to exercise properly the functions conferred upon it under this Act or any regulations made under this Act, the Minister or District Education Officer , as the case may be, may in writing— suspend the Board of Governors or Management Committee from the exercise and performance of its functions , and appoint a person or persons to exercise and perform the functions of the Board of Governors or Management Committee for a period not exceeding six months; or dismiss all or any of the members of the Board of Governors or Management Committee , and appoint in their place new members. The Minister or District Education Officer , as the case may be, may provide for the manner in which such person or persons appointed under subsection (1)(a) , shall exercise and perform the functions of the Board of Governors or Management Committee suspended by the Minister or the District Education Officer , as the case may be.

Section 30Verify source

§ 31Control and management of schools - Establishment of students councils in post-primary institutionsProvision

Students councils shall be established in all post-primary institutions in Uganda and organised and managed in accordance with the constitution of the Uganda National Students’ Association.

Section Establishment of students councils in post-primary institutions Section There shall be established students councils in all post-primary institutions in Uganda which shall be organised and managed in accordance with the constitution of the Uganda National Students’ Association.

Section 31Verify source

Part VII

Special provisions relating to private schools

§ 32Special provisions relating to private schools - Requirements for establishing private schoolProvision

Persons, communities or organisations wishing to establish a private school must apply to the Permanent Secretary, Chief Administrative Officer or Town Clerk for approval and satisfy a set of conditions (good repute, funds, approvals, staffing, facilities, welfare, non-discrimination, special needs provision, land evidence and employment terms).

Section Requirements for establishing private school Section A person, community or organisation desirous of establishing a private education institution shall apply to the Permanent Secretary , Chief Administrative Officer or Town Clerk , to be approved as a suitable person, community or organisation to establish a private education institution and the applicant shall be of good repute with the necessary funds to manage the type of institution proposed to be established and shall in that application seek advice and approval of the Ministry responsible for education, district or urban council, as the case may be, in respect of the following matters— Before the application is approved, the prospective school owner shall be required to fulfil the following— whether the proposed school forms or will form part of the education development plan prepared or approved by the committee responsible for education for a given area; and whether the proposed school meets or will meet the educational needs of the country or area, as the case may be. An application for establishing a private school by the prospective school owner shall be supported by at least three persons of high integrity and good standing in the area of the applicant where the education institution is to be established. have the building plans, lease offers, agreements and land titles for the proposed new school or for extension or alterations to some existing building, as the case may be, approved by the district education committees; have the completed buildings inspected and approved by the appropriate authorities; undertake to engage a headteacher who, in the opinion of the Permanent Secretary , Chief Administrative Officer or Town Clerk , is suitable for the type of school he or she intends to establish; satisfy the Permanent Secretary , Chief Administrative Officer or Town Clerk , that the teachers to be engaged in the education institution are eligible to teach in the type of school he or she intends to establish and the facilities for it are adequate for the school it purports to be; ensure that the physical, health and moral welfare of the pupils or students are or will be adequately provided for; undertake that the school will not refuse admission to any pupil or students on any discriminatory grounds; ensure that the school environment is conducive for pupils or students with special needs; in case of registering a school , show evidence of land ownership; and satisfy the Permanent Secretary , Chief Administrative Officer or Town Clerk , that the terms and conditions of service of employment for teaching and non-teaching staff are adequate. For the purpose of this section, buildings in semi-permanent material shall be acceptable as suitable if they are approved by the appropriate authorities.

Section 32Verify source

§ 33Special provisions relating to private schools - Permission to operate new schoolProvision

Schools must be licensed and registered to a specific location and name; where a school has multiple sites under one name, each site must at all times have a responsible person in charge.

Section Permission to operate new school Section The permission to operate a new school shall be given in the first instance, in the form of a licence to operate a provisionally classified school for two school years. A school shall be licensed and registered under a specific location and name. Where a school has more than one site under one name, each site shall have at all times a responsible person in charge of it.

Section 33Verify source

§ 34Special provisions relating to private schools - Classification of private schoolsAmendment

Section Classification of private schools Section After a period of two school years, an application for the classification of the provisionally licensed school shall be made in writing to the Permanent Secretary , Chief Administrative Officer or Town Clerk , and shall contain the following particulars— The Permanent Secretary , Chief Administrative Officer or Town Clerk shall adopt a system of classification which shall distinguish preprimary and primary schools from other schools and which may further distinguish, with appropriate nomenclatures— The system of classification and nomenclature under subsection (2) and the classification and nomenclature adopted in respect of any school already registered under section 35 may be amended by the Permanent Secretary , Chief Administrative Officer or Town Clerk , who shall cause such amendment— the name of the school owner ; the type and range of education proposed to be provided; the classes, standards or forms to be provided; the staff list and their qualifications; the permanent location of the school which shall include a copy of the land title or evidence of tenancy on which the school is established; the capital available for the established school ; and the name of the headteacher having qualifications of not less than a graduate registered teacher in the case of a post-primary school and a diploma holder registered teacher in case of a primary school . different types of schools according to the education to be provided in those schools; and different classes, standards or forms within the school according to the stage, nature or method of education to be provided in those schools. to be entered in the appropriate register of schools kept under section 36 ; and to be notified to the school owner concerned.

Section 34Verify source

§ 35Special provisions relating to private schools - Registration of private schoolsProvision

If, after two school years, the Permanent Secretary, Chief Administrative Officer or Town Clerk is satisfied that required conditions under the Act have not been fulfilled, they may take actions including issuing a certificate of registration and classification if the provisionally licensed school is properly run and organised, extending the provisional licence for up to one school year, or ordering the school closed.

Section Registration of private schools Section If, after a period of two school years, the Permanent Secretary , Chief Administrative Officer or Town Clerk is satisfied— that all or any of the conditions set under this Act have not been fulfilled, he or she may— that the school provisionally licensed is properly run and organised, he or she shall issue a certificate of registration and classification; extend the provisional licence for a further period not exceeding one school year; or order the school to be closed.

Section 35Verify source

§ 36Special provisions relating to private schools - Register of private schoolsProvision

The Permanent Secretary, Chief Administrative Officer or Town Clerk must maintain a register of private schools classified under section 34 and enter the particulars of every such private education institution into it.

Section Register of private schools Section The Permanent Secretary , Chief Administrative Officer or Town Clerk , shall maintain a register of private schools classified by him or her under section 34 in which he or she shall enter the particulars of every private education institution classified by him or her.

Section 36Verify source

§ 37Special provisions relating to private schools - Cancellation of registrationProvision

The Permanent Secretary, Chief Administrative Officer or Town Clerk may cancel a private school's registration and order closure for listed reasons; before closing they must investigate and allow the owner to be heard; they must notify the owner in writing; they may order immediate closure for health or security and the owner must comply and may not re-open without written permission.

Section Cancellation of registration Section The Permanent Secretary , Chief Administrative Officer or Town Clerk may cancel the classification and registration of any private school already registered by him or her and order such school to be closed, if he or she is satisfied that— the institution no longer fulfils the requirements of section 32(3) ; the school is being conducted or managed in contravention of this Act; the school has ceased to function as a school ; or the school owner has failed without reasonable cause to comply with the requirements of the notice served upon him or her under section 46 . Before closing a private education institution under subsection (1) , the Permanent Secretary , Chief Administrative Officer or Town Clerk shall make or cause to be made all necessary inquiries and shall give the school owner an opportunity to be heard. The Permanent Secretary , Chief Administrative Officer or Town Clerk shall notify the school owner in writing of any action taken. Notwithstanding anything in this section, the Permanent Secretary , Chief Administrative Officer or Town Clerk , as the case may be, may, in the interest of the health or security of the pupils order the immediate closure of any school for a period he or she may deem expedient and the school owner shall immediately comply with the order and shall not re-open the education institution without the express permission in writing from the Permanent Secretary , Chief Administrative Officer or Town Clerk , as the case may be.

Section 37Verify source

§ 38Special provisions relating to private schools - Change of ownership of schoolOffence

School owners must obtain prior written approval from the Permanent Secretary, Chief Administrative Officer or Town Clerk before changing school ownership; changing ownership without approval is an offence and may lead to closure, cancellation of registration and a fine not exceeding four currency points.

Section Change of ownership of school Section No school owner shall change the ownership of the school without the prior approval in writing of the Permanent Secretary , Chief Administrative Officer or Town Clerk . If the ownership of a school is changed without the prior approval of the Permanent Secretary , Chief Administrative Officer or Town Clerk , he or she may order such school to be closed and shall immediately cancel its registration. Every school owner who changes the ownership of a school without the prior approval, in writing, of the Permanent Secretary , Chief Administrative Officer or Town Clerk commits an offence and is liable, on conviction, to a fine not exceeding four currency points.

Section 38Verify source

§ 39Special provisions relating to private schools - Extension to existing schoolProvision

If the Permanent Secretary, Chief Administrative Officer or Town Clerk is satisfied that a proposed extension to a registered school cannot be administered as part of the existing institution, they may require the school owner to apply to classify the extension as a new school.

Section Extension to existing school Section If the Permanent Secretary , Chief Administrative Officer or Town Clerk is satisfied that a proposed extension to an existing registered school cannot properly be administered as part of the existing registered education institution, he or she may require the school owner to apply for classification of the proposed extension as a new school .

Section 39Verify source

§ 40Special provisions relating to private schools - AppealsProvision

Text identifies a school owner as being aggrieved by certain decisions of the Permanent Secretary, Chief Administrative Officer or Town Clerk concerning classification, reclassification (extension treated as new school), closure, cancellation of classification or registration, and ordering closure of the school.

Section Appeals Section A school owner who is aggrieved by a decision of the Permanent Secretary , Chief Administrative Officer or Town Clerk — for refusing to classify the school ; for requiring an extension to an existing registered school to be classified as a new school ; or for closing the school or cancelling the classification or registration and ordering the closure of the school ,

Section 40Verify source

§ 41Special provisions relating to private schools - Offences relating to private schoolsOffence

Any person must not establish or maintain an unclassified or unregistered school, must not run a school whose classification and registration have been cancelled, and must not administer an unauthorized extension to a registered school in contravention of section 39.

Section Offences relating to private schools Section Any person who— establishes or maintains a school which is not classified and registered in accordance with the provisions of this Act; conducts or permits to be conducted a school , the classification and registration of which are cancelled; or administers or permits to be administered an extension as part of an existing registered school in contravention of section 39 ,

Section 41Verify source

§ 42Special provisions relating to private schools - Re-opening of school closed by Permanent Secretary, Chief Administrative Officer or Town ClerkProvision

If a school was closed by order under section 37 and has remained closed for six months or more, the Permanent Secretary, Chief Administrative Officer or Town Clerk may permit the school owner to re-open and to be entered again in the register of private schools without the owner having to apply.

Section Re-opening of school closed by Permanent Secretary, Chief Administrative Officer or Town Clerk Section An owner of a school which has been closed by order of the Permanent Secretary , Chief Administrative Officer or Town Clerk made under section 37 , and which has remained closed for a period of six months or more, may be permitted by the Permanent Secretary , Chief Administrative Officer or Town Clerk to re-open and to be entered again in the register of private schools with such classification as the Permanent Secretary , Chief Administrative Officer or Town Clerk thinks fit, without any application being made for the purpose by the school owner .

Section 42Verify source

§ 43Special provisions relating to private schools - Appointment of statutory managerProvision

Minister or District Education Officer may order a closed private school reopened under a fit statutory manager; the Minister or District Education Officer shall appoint a statutory manager for up to one year and the statutory manager must keep specified officials informed; expenses are charged to the school's revenues.

Section Appointment of statutory manager Section Notwithstanding any other provision of this Act, where the Permanent Secretary , Chief Administrative Officer or Town Clerk orders that a private school be closed, the Minister or District Education Officer may, in national interest, after giving the school owner an opportunity to be heard, direct that the school be re-opened under the management and control of a fit person, in this Act referred to as the “statutory manager.” A statutory manager shall be appointed by the Minister or District Education Officer for a period not exceeding one year and upon such terms and conditions as the Minister thinks fit. A statutory manager shall, during his or her term of appointment, keep the Permanent Secretary , Chief Administrative Officer or Town Clerk , informed on all matters relating to the school under his or her management and control. All expenses connected with the appointment or the management of a school by the statutory manager shall be a charge on the revenues of the school to which the statutory manager is appointed.

Section 43Verify source

§ 44Special provisions relating to private schools - Re-opening of school closed by ownerOffence

If a private school registered under section 35 is closed by its owner for more than thirty working days (excluding regular holidays), the school owner must immediately notify the Permanent Secretary, Chief Administrative Officer or Town Clerk in writing of the reasons and likely duration; failure to do so is an offence punishable by a fine up to ten currency points or up to five months' imprisonment. The Permanent Secretary, Chief Administrative Officer or Town Clerk may direct re-opening under a statutory manager if satisfied it's contrary to national interest after hearing the owner, and section 43 will apply.

Section Re-opening of school closed by owner Section If any school which has been classified and registered under section 35 as a private school remains closed at the instance of the school owner for a period exceeding thirty working days, other than during normal school holidays, the school owner shall immediately notify the Permanent Secretary , Chief Administrative Officer or Town Clerk in writing— of the reasons for the closing of the school ; and of the period during which the school is likely to remain closed. If the Permanent Secretary , Chief Administrative Officer or Town Clerk is satisfied that the reason given by the school owner and the period during which the school is likely to remain closed are contrary to national interest, he or she may, after giving the school owner an opportunity of being heard, direct that the school be re-opened under the management and control of a statutory manager appointed by the Minister or District Education Officer , and thereupon section 43 shall apply to the school . Every school owner who fails to furnish the information required under subsection (1) to the Permanent Secretary , Chief Administrative Officer or Town Clerk , commits an offence and is liable, on conviction, to a fine not exceeding ten currency points or to imprisonment for a term not exceeding five months, or both.

Section 44Verify source

§ 45Special provisions relating to private schools - Management of private schoolProvision

School owners must manage schools to observe the Act, comply with management instructions, establish a Board of Governors or Management Committee, may charge dues, and must prepare and make budget estimates available on request.

Section Management of private school Section Every school owner shall manage the school in such a way that the object of this Act is observed. The school owner may charge such school dues as the Management Committee or Board of Governors may prescribe. The Minister or District Education Officer may issue instructions to school owners on aspects of management of schools with a view to safeguarding the interests of the pupils or students and every school owner shall comply with such instructions. Every school owner shall establish for the school , a Board of Governors or a Management Committee , in accordance with the regulations made under this Act by the Minister . Every school owner shall prepare annual budget estimates for the school and shall, on request made by an inspector of schools or an officer of the Ministry responsible for education, make the estimates available for inspection.

Section 45Verify source

§ 46Special provisions relating to private schools - Notice of unsatisfactory management of school to school ownerCommencement

An inspector of schools may require a private school owner to take measures specified in a notice to ensure the school is conducted or managed satisfactorily, and the notice may set a date by which those measures must be started or finished.

Section Notice of unsatisfactory management of school to school owner Section If, after inspecting a private education institution, an inspector of schools is of the opinion that the school is being conducted or managed in an unsatisfactory manner, he or she may require the school owner to take measures, as may be specified in the notice, to conduct or manage the school in a satisfactory manner. A notice given under this section may specify the date before which any measures specified in the notice shall be commenced or completed.

Section 46Verify source

Part VIII

Quality control of education

§ 47Quality control of education - Establishment of Directorate of Education StandardsProvision

Establishes the Directorate of Education Standards and assigns it responsibility for setting, reviewing and inspecting standards, assessing achievement and effectiveness, developing evaluation approaches, reporting on quality, disseminating good practice, providing expert comment, and advising the Minister on quality control in education.

Section Establishment of Directorate of Education Standards Section There shall be established the Directorate of Education Standards which shall be responsible for standards in all education institutions in Uganda and whose functions shall be— to set, define and review standards in educational practice and provision through planned series of inspections; to assess the achievement of standards and to evaluate the effectiveness of education programmes of institutions and agencies throughout Uganda; to develop systematic approaches to inspection and evaluation, and to encourage evaluation and self-evaluation systems, using appropriate quality indicators, within the education service; to provide and disseminate regular reports on the quality of education at all levels; to develop the use of the reports as a mechanism to provide support for and the dissemination of good practice, and thus to improve the quality of practice in the education service as a whole, and in particular aspects; to provide independent expert comment and advice on educational provision and practice at all levels of education; and to give advice to the Minister on matters related to quality control in education.

Section 47Verify source

§ 48Quality control of education - Appointment and role of Director of Education StandardsProvision

The Director is responsible for day-to-day management, proposing and implementing strategic and business plans, ensuring implementation of policies, achieving targets and service standards, and ensuring quality-control systems monitor inspection procedures and practices.

Section Appointment and role of Director of Education Standards Section The Director shall be responsible— There shall be appointed the Director of the Directorate of Education Standards and inspectors of education to give full effect to the operations of the directorate. for the day-to-day management of the Directorate’s business; for proposing and implementing strategic and business plans; for ensuring the implementation of policies, objectives and ensuring that targets and service standards are achieved; and for ensuring that effective systems of quality control operate to monitor the effectiveness of the Directorate’s inspection procedures and practices.

Section 48Verify source

§ 49Quality control of education - Directorate’s relationship with local governmentsProvision

Section Directorate’s relationship with local governments Section To ensure the effective implementation of national policies and adherence to performance standards on the part of local governments, and consistency with sections 106,107 and 108 of the Local Governments Act , the directorate shall incorporate the municipal and district inspectors as associate assessors in all its regional or national inspection programmes, as the need may arise.

Section 49Verify source

Legislative relationships

9 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Act Lists the objectives of the Act
Section 2
Act The Act
Section 1
Director of Education made under this Act
Section 23
Education in Form B as specified in Schedule 4 to this Act
Section 14
Education must establish and maintain a roll of all persons licensed to teach under this Act
Section 20

G–M

3 instruments

Governors or a Management Committee and may appoint to it such number of members as provided for by this Act
Section 29
Governors regulations Section The regulations set out in Schedule 2 to this Act
Section 59
Local Governments Act
Sections 3, 49

N–S

1 instrument

Schedule 1 to this Act
Section 60

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