LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 1 CHAPTER 145 T H E EDUCATION ACT Arrangement of Sections Section 1. Short title. 2. Interpretation. GENERAL 3. Exercise of powers. 4. Responsibilities of Minister. 5. Powers of the Minister. 6. System of public education. 7. Prohibition of discrimination. 8. Power to establish a National Advisory Council. 9. Powers of the Advisory Council. ESTABLISHMENT OF SCHOOLS 10. Categories of Schools. 11 . Public School System. 12. Duty to provide public Schools. 13. Responsibilities of Chief Education Officer 14. Responsibilities of Headteachers. 15. Use of government school buildings. ADMISSION O F PUPILS 16. Requirements for admission. 17. Refusal of admission. 18. Registration of pupils. 19. Transfer of pupils. 20. Infectious diseases. 21. Re-admission of pupil on production of Medical Certificate. 22. Temporary closure of School for reasons of health. 23. Suspension of pupils. LAWS OF ANTIGUA AND BARBUDA CAP. 145) Education 24. Suspension or expulsion of pupils from private schools. 25. Examinations for admission to public secondary schools. 26. Record books and cards. ATTENDANCE O F PUPILS 27. Number of sessions. 28. Conditions of attendance. 29. Duration of school year. 30. Vacation in schools. 3 1. Occasional holidays. DISCIPLINE O F PUPILS 32. Corporal punishment. RELIGIOUS INSTRUCTION 33. Lord's Prayer and portion of Scripture to be read. PRIVATE SCHOOLS 34. Register of Private schools. 35. Private schools to be registered. 36. Cancellation of registration. 37. Returns. 38. Offences in respect of returns. 39. Minister or his representative may visit private schools and make enquiries. GRANTS T O PRIVATE SCHOOLS 40. Assistance from public funds. 41. Registers to be kept. 42. Conditions of grants to private schools. COMPULSORY EDUCATION 43. Compulsory education age. COMPULSORY SCHOOL ATTENDANCE AND INSPECTION 44. Duty of parents to secure the education of their children. 45. When attendance is excused. 46. Appointment of Education Officers. 47. Responsibility of Education Officer. LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 3 48. Powers of officers. 49. Enforcement of compulsory school attendance. 50. Liability of parent. 51. Institution of proceedings. SCHOOLS FOR FURTHER EDUCATION 52. Existing technical institutes. TEACHERS COLLEGE 53. Improvement of Teachers Training College. 54. Power to enter into agreements with U.W.I. INSPECTION AND REPORTS 55. Inspection. 56. Reports by Education Officers. 57. Inspection by Medical Officers. 58. Assistance to be given by Headteacher. REGISTERS, RECORDS, etc. 59. Records to be kept. 60. Attendance registers. 61. Log Book. SCHOOL BUILDINGS 62. Specification of school. MISCELLANEOUS 63. Public school to conform to standards required. 64. Power to make regulations. LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 5 EDUCATION (4th April, 1973.) 711973. 1. This Act may be cited as the Education Act. 2. In this Act- Interpretation. "Advisory Council" means the National Advisory Council which may be established by the Minister pursuant to section 8; "assisted" in relation to a school means assisted by a grant or any form of assistance made from public funds: "comprehensive school" means a school intended for providing all the secondary education facilities need- ed by the children of a given area; "guardian" includes any person who has the legal or actual custody of a child; "Minister" means the Minister responsible for Education; " parent" includes guardian; "primary school" means a school for the provision of primary education for pupils up to the age of twelve years; "r emuneration" means pay and allowances; "school" means an institution approved by the Minister for the education of children: "secondary school" means a school for the provision of secondary education within the meaning of sec- tion l l ( 1 ) (c ) ; LAWS OF ANTIGUA AND BARBUDA 6 CAP. 145) Education 6 ' teacher" means a person registered for employment as such in any Government or assisted school or in any private school, on the register of teachers kept by the Ministry of Education. GENERAL Exercise of 3. The powers conferred on the Minister by this Act powers. shall be exercised so as to ensure:- ( a ) the establishment of a system of education designed to provide adequately for the planning and development of an educational service relating to the changing needs of the community; ( 6 ) the effective execution of the education policy of the Government. Responsibilities 4. (1) The Minister is responsible for securing the of Minister. purposes set out in section 3 and for the proper administra- tion of the provisions of this Act, and in the exercise of the powers conferred on him by the Act, the Minister may do such things as are necessary or convenient for the purpose of carrying out his responsibilities under this Act. (2) In addition to the several duties imposed on the Minister by this Act, the Minister shall be responsible for- (a ) devising a system of education calculated as far as possible to ensure that the education and vocational abilities, aptitudes and interests of the children find adequate expression and opportunity for development; ( 6 ) conducting, establishing, managing, maintain- ing and assisting schools in accordance with regulations to be made by him from time to time; (c) conducting education for youths and adults. Powers of the 5 . For the purpose of the performance of his respon- Minister. sibilities under this Act the Minister may- (a ) require the attendance of children of compulsory school age at schools established and conducted under this Act; ( b ) regulate the operation of private schools; LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 7 (c) make provision for the professional training of teachers for the entire system of public education and lay down standards which are necessary for the recruit- ment of teachers, their training and conditions of service; (d) constitute committees or other bodies to advise him from time to time on educational and related matters; (e) prescribe curricula, textbooks and practices in all public schools so as to ensure conformity with national standards of education; V) do all such other things as may be found expedient from time to time for the carrying out of his responsibilities for education and training. 6. (1) The system of public education shall be system of public education. organised in three stages, that is to say- (a) primary education which shall consist of full time education suitable to the requirements of junior pupils; ( 6 ) secondary education, which shall consist of full time education suitable to the requirements of senior pupils who are under the age of twenty years; (c) further education, which shall consist of- (i) full time education beyond secondary educa- tion or in addition to it; (ii) part-time education; (iii) leisure time occupation in organised cultural training and recreative activities available in pursuance of any provision made under this Act for pupils who have attained the age of sixteen years. (2) In addition to the three stages of public education mentioned in subsection (I ) , there may be provided special schools suitable to the requirement of pupils who are deaf, dumb, retarded or otherwise handicapped. LAWS OF ANTIGUA AND BARBUDA 8 CAP. 145) Education Prohibition of 7. No person shall be refused admission to any public discrimination. school on account of the religious or political persuasion, race or social status of such a person or his parents. Power to 8. (1) The Minister may establish a National advisory establish a National Council for the purpose of advising him as to the performance Advisory of any of his responsibilities under this Act. Council. (2) The Advisory Council shall comprise of such number of members as the Minister may determine, appointed from among persons representing- (a) representatives of the Antigua Union of Teachers; (b) expert educational opinion; (c) religious denominations; (d) organisations concerned with- (i) community development; (ii) business; (iii) such areas of national affairs as the Minister considers appropriate. (3) The Advisory Council may advise the Minister on any matter connected with education as it thinks fit and upon any other question referred to it by the Minister. Powers of the 9. (1) In a case where the Advisory Council thinks Advisory Council. it desirable or expedient to do so, it may, with the approval of the Minister, before advising and reporting to the Minister on any matter concerning the promotion of education, appoint one or more of their number to hold, or if they think it advisable, themselves hold, such public inquiry into the matter as they may think fit; and when one or more members of the Advisory Council are appointed to hold an inquiry they shall make a report to the Advisory Council. (2) In a case where the Minister thinks it expedient or proper to do so, he may require the Advisory Council to hold an inquiry respecting any matter affecting the promo- tion of education, and where he has so required the Advisory Council, it may appoint one or more of their number to hold, LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 9 or may if they think it advisable themselves hold, such inquiry as is required; and when one or more of the Advisory Council is appointed to hold the inquiry they shall make a report to the Advisory Council. ESTABLISHMENT OF SCHOOLS Public Schools 10. (1) For the purposes of this Act the school system Categories of shall be organised in two categories to be known as public Schools. schools and private schools. (2) Subject to the provisions of this section a public school is a school maintained at public expense to which the general public has access without any condition, other than those required or authorised by this Act and any regulations made thereunder. (3) A Government school is a public school wholly owned by government. (4) A private school is a school provided and maintained by some person or authority other than the Government. 1 . (1) The public school system shall be comprised PubEc School system. of such schools as may from time to time be found necessary for the efficient carrying out of the responsibilities of the Minister, and may include- (a) infant or nursery schools or departments of schools providing education suitable for children under the age of five years; ( b ) primary schools or primary departments of schools providing education suitable for children of five to twelve years; (6 ) secondary or comprehensive schools providing education suitable for pupils between the ages of twelve and twenty years; (6) vocational or technical schools or vocational or technical departments in schools providing education suitable for the needs of craftsmen and technicians; LAWS OF ANTIGUA AND BARBUDA 10 CAP. 145) Education ( e ) teachers7 college for the professional training of teachers for service in the schools of the country; (f) special schools for the education and training of children who are handicapped in such a way as to require special educational facilities for their best development; (+q) any other schools or departments of schools, for the education of youths and adults along suitable courses. (2) Having due regard to the educational requirements of the pupils residing in any locality and after such consulta- tion as he considers desirable, the Minister may designate or redesignate public schools to fulfil the purposes of educa- tion deemed most expedient from time to time. Duty to provide 12. The Minister shall cause to be provided such public Schools. number of public schools as is in his opinion necessary to secure a sufficient number of school places for children of compulsory school age. Responsibilities 13. The Chief Education Officer shall, as respects all of Chief Education public schools, be responsible for the exercise and perform- Officer. ance of such powers, duties and functions as are prescribed and in particular- (a) the supervision, inspection and revision of the programme of education required by the curriculum; (b) ensuring that school premises, property and stock are protected against improper use; ( 6 ) the submission of reports on matters relating to the discipline of teachers; (d) the conduct and supervision of courses of induction and training for untrained teachers as well as courses for other teachers; (e) the observance of the provisions of this Act and any regulations made thereunder pertaining to the con- duct of schools; (f) arranging for the approval of such leave to teachers as may be granted them in accordance with any regulations made under this Act; LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 1 1 Cg) considering and assessing the confidential reports of teachers; (h) furnishing such returns as may be prescribed or required at any time by the Minister; (i) dealing with all other matters of organisation, management and administration as may be referred to him by the Minister; co-operating with appropriate authorities in the exercise of authorised schemes. 14. Subject to the provisions of this Act and any Responsibilities regulations made thereunder, Headteachers of schools shall Headteacher'' be responsible for the day to day management of their schools including- (a) the supervision of the physical safety of pupils; (b) the suitable application of the syllabus in con- formity with the needs of the pupils of the school, and the administration of the school's programme; (c) allocation and supervision of the duties and responsibilities of members of their staff; (4 the discipline of the school; ( e ) teaching; ('j)pr oper protection of school buildings and other facilities; (g) the proper use of school equipment and stock; (h) the keeping of proper records; (i) the furnishing of such returns as may be prescribed or required by the Minister; @ ensuring the observance of the provisions of this Act and any regulations made thereunder in their respective schools. 15. School buildings belonging to, or rented by, u s e of government Government may not be used for other purposes or func- buildings. tions except with the written approval of the Chief Educa- tion Officer. LAWS OF ANTIGUA AND BARBUDA 12 CAP. 145) Education ADMISSION OF PUPILS Requirements for 16. (1) No child shall be admitted as a pupil to a admission. public school which is a nursery school unless he has attain- ed the age of three years or be retained in such a school after he has attained the age of five years. (2) No child shall be admitted as a pupil to a public school which is a primary school- ( a ) unless he shall have attained the age of five years, except with the approval of the Chief Education Officer; ( b ) other than in September or January, the begin- ning of the school year and the calendar year respect- ively, except with the approval of the Chief Education Officer; ( 6 ) unless at the time of such admission he is accompanied by his parent, guardian or a responsible adult; (4 unless he brings with him a birth or baptismal certificate giving the information required for the register of pupils; ( e ) until his parent or guardian produces a certifi- cate issued by a doctor or the Public Health authorities indicating that the child has been immunised against tetanus, pertussis, polio and diptheria. (3) No child shall be admitted as a pupil to a public school which is a secondary or comprehensive school before he has reached the age of twelve years except with the approval of the Chief Education Officer, or be retained in such a school after the end of the school year in which he has attained the age of twenty years. Refusal of 17. Subject to the provisions of this Act, no person admission. who is eligible for admission to a public school as a pupil of that institution shall be refused admission thereto except on the authority of the Minister in each particular case. Registration of 18. Immediately upon the admission to a school of pupils. a new pupil, the name of such pupil, the date of admission, the name of his parent or guardian, the residence of his parent LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 13 or guardian, the name of the last school, if any, which the pupil attended, the date of his leaving it as far as it can be ascertained, the standard or form in which he was at the date of leaving, shall be entered in the Admission Register. 19. (1) Save with the Chief Education Officer's Transfer of pupils. approval, a pupil, who having left one school, seeks admis- sion to another shall not be admitted except on presentation of a certificate or a letter of transfer signed by the Headteacher of the last school which he attended. (2) A Headteacher shall be required to furnish on request every pupil who has left his school with the letter referred to in subsection (1). (3) Letters of transfer shall be retained by the Headteacher to whom it is addressed and submitted for endorsement by the Education Officer at his next visit. 20. No pupil suffering from or exposed to a com- Infectious diseases. municable disease shall be admitted or permitted to remain in any school. The Headteacher shall, immediately on discovery, report all cases of communicable diseases among the pupils of his school to the Chief Education Officer. 2 1. (1) A pupil who has been refused admission on Re-admission sf the ground that he was suffering from or exposed to a com- pupil on production of municable disease, shall not be readmitted except upon pro- duction of a Medical Certificate to the effect that such pupil is free from such disease and is unlikely to be a source of infection to other persons in the school. (2) The Medical Certificate required by subsection (1) shall be delivered free of charge by any Government Medical Officer issuing the same. 22. The Minister may authorise either the closure of f :zr,"rsehcnt any school or of any department of a school for a specific for reason, period to prevent the spread of disease. health. 23. (1) It shall be lawful for the Headteacher of any suspension of pupils. public school to suspend from attendance any pupil who on account of gross misconduct may be considered injurious or dangerous to members of staff and/or to other pupils or LAWS OF ANTIGUA AND BARBUDA 14 CAP. 145) Education whose attendance at school is likely to have an adverse effect upon the good order and proper discipline of the school, pro- vided that no such suspension shall exceed two weeks. (2) Where any pupil is suspended from attendance under subsection (1)- (a) the Headteacher of the school shall immediately notify the parent of the pupil and the Chief Education Officer of the suspension and the reasons for the same; (6) the Chief Education Officer may, after the receipt of notification- (i) order the extension of the term of suspension in order to enable proper enquiries to be made; (ii) order the reinstatement of the pupil, after due investigation and if the circumstances warrant this, on a date to be fixed by him; (iii) order the removal of the pupil to another school including a special school; (iv) order the expulsion of the pupil with the approval of the Minister. Suspension or 24. Where a child of compulsory school age is expulsion of pupils fro,,, suspended or expelled from a private school, the Headteacher private of that school shall immediately notify the Chief Education Officer setting out the reason. Examinations for 25. (1) Until a comprehensive school is set up in an admission to public secondary area, the Minister shall cause examinations to be conducted schools. for the purpose of determining the eligibility of pupils for admission to public secondary schools. (2) When a comprehensive school is erected in an area, the Minister shall discontinue examinations for the purpose of ascertaining the eligibility of pupils for admission to a public secondary school. O n reaching the age of twelve years at 3 1st March or in the same year the pupil shall be transfer- red from the primary school to the comprehensive school in the area. LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 15 26. (1) Each child upon being admitted to a second- :;7f,"r:rks ary or comprehensive school shall be assigned a personal Record Book or Card. (2) The Book or Card is the property of the school and shall be retained by the Headmaster after the pupil has com- pleted his or her schooling. In the event of a transfer, the pupil's record book or card shall be sent to his new school. (3) Notwithstanding that the pupil's record book or card is made available to his parents or guardian at the end of every term, a parent may at any reasonable time go to a school to examine the Record Book or Card of his child. (4) Every pupil or parent of such pupil shall be entitled upon application to a copy of such Record Book or Card upon payment of the prescribed fee. ATTENDANCE OF PUPILS 27. The total number of sessions in each school in Number of sessions. any year shall be not less than three hundred and eighty. 28. Attendance shall not be reckoned for any pupil- Conditions of attendance. ( a ) until his name has been duly entered in the Admission Register; (6) unless he is present at roll-call and remains in school thereafter for at least two hours instruction except where he is prevented by illness or other emergency, or, in the case of a pupil in the Infant Department of a primary school, such shorter period as the Minister may approve. 29. The school year shall begin on the 1st September Duration of school year. and end on the 31st August, and shall be divided into three terms the duration of each of which shall be thirteen weeks. 30. (1) Subject to section 29, the vacation periods vacation in schools. to be observed in schools are as follows:- ( a ) three weeks at the end of the first term of the school year; LAWS OF ANTIGUA AND BARBUDA 16 CAP. 145) Education ( b ) two weeks at the end of the second term of the school year; (c) eight weeks at the end of the third term of the school year. ( 2 ) The Minister may authorise a change in any of the above mentioned periods for any good reason. Occasional 3 1. ( 1 ) There shall be no sessions of school on Satur- holidays. days, Sundays and public holidays. ( 2 ) Where Headteachers wish for whatever reason to give a holiday to their school, prior permission must first be sought from the Chief Education Officer in writing. ( 3 ) Any holiday, which on account of local cir- cumstances, may be granted by the Headteacher, shall be reported to the Chief Education Officer as soon as the neces- sity for closing the school arises. DISCIPLINE OF PUPILS Corporal 32, (1 ) In the enforcement of discipline in schools punishment. degrading and injurious punishment shall not be administered. (2) Corporal punishment may be administered as a last resort by the Headteacher only or by his deputy, or by a teacher in his presence, under his direction and on his responsibility. ( 3 ) Corporal punishment where necessary should be administered to a girl preferably by a female teacher and in the presence of the Headteacher. Such punishment shall not be administered in public. (4) Whenever corporal punishment is administered, an entry shall be made in the Punishment Book, with a state- ment of the nature and extent of the punishment and the reason for administering it. (5) Such other forms of punishment as may be approv- ed by the Chief Education Officer may be administered as occasion arises. LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 17 RELIGIOUS INSTRUCTION 33. ( 1 ) In every public school the Lord's Prayer shall, Lord's Prayer every morning on which the school is in session, be publicly and portion of scripture to be repeated at the opening of the school by the Headmaster read. or his deputy and a portion of the Holy Scriptures may be read daily without comment. Any pupil however may be withdrawn by his parents from such instruction or obser- vance without forfeiting any of the other benefits of the school. ( 2 ) No child shall be required as a condition of admis- sion into, or continuing in, a public school- ( a ) to attend or abstain from attending any place of religious worship; or ( 6 ) to attend any religious observance or any instruction in religious subjects in the school or elsewhere from which observance or instruction he may be withdrawn by his parents; or (c ) to attend school on any day specially set apart for religious observance by the religious body to which the parent belongs. PRIVATE SCHOOLS 34. The Minister shall cause to be kept in such man- Register of Private schools. ner as may be prescribed, a Register of Private Schools refer- red to in this Act as "the Register". 35. ( 1 ) Subject to the provisions of this Act, no per- private schools to be registered. son shall keep or continue to keep a private school unless the school and the proprietor are registered in the Register. ( 2 ) Any person who acts in contravention of subsec- tion ( 1 ) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding three hun- dred dollars and in the case of a second or subsequent offence to a fine not exceeding seven hundred and fifty dollars. 36. ( 1 ) If in the opinion of the Minister a private cancellation of registration. school which is on the Register has ceased to be conducted in accordance with the requirements of this Act and any Regulations made thereunder the Minister may where no bonafide action has been taken to rectify the deficiencies within LAWS OF ANTIGUA AND BARBUDA 18 CAP. 145) Education such time as he may allow, cancel the registration of the school upon giving three months notice thereof to the proprietor. (2) A proprietor upon receipt of the notice of cancella- tion of the registration of this school under this section may, at any time before the date on which the cancellation takes effect, appeal in the prescribed manner to a Judge of the High Court in Chambers against cancellation. Returns. 37. (1) In the month of September in each year every proprietor of a private school shall furnish the Minister with a return in respect of the previous school year containing the following particulars:- (a) the number of sessions during which the school was opened; (b) the number of pupils on roll at the end of the school year; (c) the average attendance for the school year; (d) the percentage of attendance of the total pos- sible attendances for the pupils on roll. (2) Whenever there is any change in the ownership of the school or its location, or any modification in respect of any of the prescribed particulars, the proprietor shall forth- with furnish the Minister with a supplemental return con- taining the correct particulars. (3) If a private school remains closed for a longer period than thirty consecutive days (except for regular holidays) the proprietor shall furnish the Minister with a supplemental return giving the reasons for the closing of the school and the period the school is likely to remain closed, and if sub- sequently the proprietor desires to reopen such a school a new return shall be furnished to the Minister before such a school is reopened. The registration of a private school . that remains closed for longer than a period of one year shall be deemed to have been cancelled. LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 19 38. A proprietor of a school who- Offences in respect of (a) fails to furnish returns required by this Act or any Regulations made thereunder and in the manner so required or, (b) furnishes a return which he knows or ought reasonably to have known to be false or misleading; is guilty of an offence and is liable on summary conviction to a fine not exceeding three hundred dollars and in case of a second or subsequent offence to a fine not exceeding seven hundred and fifty dollars. 39. (1) The Minister or any public officer deputed Minister his representative by him to act as his representative may with the consent visit private of the proprietor (which consent shall not be unreasonable ~ ~ ; ~ imed e~ d withheld) enter any premises wherein a private school is be- ing conducted at any reasonable time during school hours, for the purpose of making enquiries and discharging such duties as may be imposed on him by this Act or by any Regulations made thereunder. (2) Any person who- (a) wilfully makes any false representation to the Minister or any such officer; or (6) wilfully refuses to furnish the Minister or any such officer with any information which such person may be required to furnish by this Act or any Regula- tions made thereunder is guilty of an offence and liable, on summary conviction, to a fine of one hundred and fifty dollars. GRANTS TO PRIVATE SCHOOLS 40. Subject to the provisions of this Act and to any pAusbsilsitca nfucne dfsr.o m Regulations made thereunder, any private school may on application being made by the body by which such school is maintained receive such aid from public funds as may be provided by Parliament. 41. (1) There shall be kept in respect of every private Registers to be school such registers as may be required by the Minister kept. and such registers shall be produced for inspection when re- quired by the Minister or his representative. LAWS OF ANTIGUA AND BARBUDA 20 CAP. 145) Education (2) A detailed statement of the finances of such school including fees received, individual salary of teachers, and/or board members, in respect of the previous year ending the 31st August shall be submitted before the 30th day of September in each year. Conditions of 42. No grant shall be made to any private school- grant to private schools. (a) in respect of which there has been a failure to comply with the requirements of this Act or any Regula- tions made thereunder; (6) unless the grant to such school shall be required for educational purposes; (c) which the Minister considers unnecessary; (d) which is maintained for the financial benefit of an individual or any group of individuals. COMPULSORY EDUCATION Compulsory 43. (1) In this Act, the expression "compulsory education age. school age" means any age between five and sixteen years and accordingly a person shall be deemed to be of compulsory school age if he has attained the age of five years and has not attained the age of sixteen years, and a person shall be deemed to be over the compulsory school age as soon as he has attained the age of sixteen years. (2) Notwithstanding the provisions of subsection (1) the Minister, if he is satisfied that it has become necessary or expedient to raise the upper limit of the compulsory school age, may do so by Order, subject to an affirmative resolu- tion of Parliament. (3) A person who employs a child of compulsory school age during the school hours is guilty of an offence and on summary conviction liable to a fine not exceeding three hundred dollars. (4) If a corporation contravenes subsection (3), in addition to the corporation, every director and officer of the corporation who authorises, permits or acquiesces in the con- travention is guilty of an offence and on summary convic- tion is liable to the same penalty as the corporation. LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 2 t COMPULSORY SCHOOL ATTENDANCE AND INSPECTION 44. Subject to the provisions of section 45 it shall be Duty of parents the duty of the parent of every child of compulsory school to securc the edu,,ti,, of age to cause him to receive efficient full-time education their children. suitable to his age, ability and aptitude by regular attend- ance at school. 45. A child is excused from attendance at school- When attendance is excused. (a) if in the opinion of the Minister, he is receiv- ing satisfactory instruction at home or elsewhere; (b) if he is unable to attend school by reason of illness or other unavoidable cause; (6) if he is excluded from attendance at school under any Act or under any Regulations made under this Act; (6) if he is absent temporarily in accordance with any Regulations made under this Act. 46. Education Officers shall be appointed for specified g$p;z:rt of districts prescribed by the Minister. Officers. 47. An Education Officer has jurisdiction and shall I ~ , p p ~ ; ~ b , ' loi tf ~ be responsible for the enforcement of compulsory school officer. attendance in respect of all children of compulsory school age in any district. 48. (1) An Education Officer may at the request of Powers of officers. the parent apprehend without warrant and deliver to the school from which he is absent or to his parent, any child found illegally absent from school. (2) An Education Officer shall report monthly to the Chief Education Officer. (3) An Education Officer shal! perform his duties under the direction of the Chief Education Officer and shall, sub- ject to the supervision of the Chief Education Officer, carry out all instructions and directions. LAWS OF ANTIGUA AND BARBUDA CAP. 145) Education Inquiry by an (4) An Education Officer shall inquire into every case officer and notice. of failure to attend school within his knowledge or when requested to do so by the Chief Education Officer or the Headteacher of a school, and shall give written warning of the consequences of such failure to the parent of a child who is not attending school as required, and shall also give written notice to the parent to cause the child to attend school forthwith. Enforcement of 49. Every Headteacher of a public or private school compulsory school shall- attendance. ( a ) report in accordance with any regulations made under this Act to the proper Education Officer, the names, ages and residences of all pupils of compulsory school age who have not attended school as required. (6) furnish the Education Officer with such other information as the officer requires for the enforcement of compulsory school attendance; (c ) report to the Education Officer every cause of suspension and expulsion. Liability of 50. (1) A parent of a child of compulsory school age, parent. who neglects or refuses to cause the child to attend school is, unless the child is legally excused from attendance, guilty of an offence and on summary conviction is liable to a fine not exceeding one hundred and fifty dollars. Bond for ( 2 ) The Magistrate may, instead of imposing a fine, attendance. require a person convicted of an offence under subsection (1) to give a bond in the sum of three hundred dollars, with one or more sureties to be approved by the Magistrate, on condition that the person shall, after the expiration of five days, cause the child to attend school as required. Institution of proceedings. 51. (1) Prosecutions under section 50 may be instituted by the Education Officer concerned. ( 2 ) In prosecutions under section 50, a statement as to the attendance or non-attendance at school of any child, signed or purporting to be signed by the Headteacher of the school, shall be prima facie evidence of the facts stated therein. LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 23 SCHOOLS FOR FURTHER EDUCATION 52. Every school established as a technical institute f~d~$",s~echnical or an institute for technical education existing at the com- mencement of this Act shall be deemed to have been establish- ed as a technical institute under this Act. TEACHERS' COLLEGE 53. For the purpose of ensuring the better education k;,"f;:;~nt of and training of teachers, the Minister may, after such con- ~ ~College.~ i ~ i ~ ~ sultation as he considers desirable, take whatever steps necessary to maintain and improve standards at the existing Teachers' Training College. 54. The Minister may, on behalf of the Governrnent Power lo enter into agreerncnts enter into agreements with the University of the West wilt, u.w.1. Indies- ( a ) for the use of such facilities provided by the University for continuation or extension courses for teachers; (b) for associating and co-ordinating thc flrilitics and programme of any teachers' collegc with those of the University; (6) for establishing standards for certilication and recognition of qualifications of teachers; (4 for the promotion of Community Development, Education and Adult Education. INSPECTION AND REPORTS 55. Public schools shall be open at all times during Inspection. school hours to inspection by the Minister or any officer authorised by him. The inspecting officers will judge the efficiency of the instruction and the proficiency of the pupils by oral and written tests given on the occasion of their visits. 56. Education Officers shall report on schools as Reportsby Education required by the Minister. A copy of every inspection report off;,,,,. and of every general report shall be sent to the Chief Educa- tion Officer. LAWS OF ANTIGUA AND BARBUDA 24 CAP. 145) Education Inspection by 57. A School Medical Officer, or his deputy, shall Medical Officers. have the right to enter and inspect the premises of any school during school hours with or without notice. The medical examination of pupils, however, shall be arranged beforehand between the School Medical Officer and the Headteacher of the school concerned. Assistance to be 58. The Headteacher of every school shall give such given by ~ ~ ~ dassis~tance~ and~ faci~lity toh any~ offi~cer v.isitin g a school for the purpose of such inspection or examination, as he may require. REGISTERS, RECORDS etc. Records to be 59. In every school the following registers and records kept. shall be kept and produced for the inspection of the Minister or any duly authorised officer of the Ministry of Education- (a) the Admission Register; (b) the class attendance register; (c) the log book; (6) the teachers' attendance register; ( e ) the inventory and stock book; Cf) the visitors' book; (g) a copy of this Act and any Regulations made thereunder; (h ) the approved timetable; (21 such circulars as the Minister may from time to time direct; @ the punishment book; (k) such records as may be prescribed by the Minister on the recommendation of the School Medical Officer. Attendance 60. The attendance register shall be marked at each registers. session of a school at the time specified in the approved timetable, and at no other time. In marking the register there shall be no blanks left, no erasures made and the instruc- tions for calling and marking the roll shall be strictly observed. The Headteacher shall be generally responsible for the LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 25 manner in which the registers are kept and for their accuracy. All corrections therein shall be made in the manner prescribed and shall be initialled by him. Each teacher shall be respon- sible for marking the roll of his class. 61. (1) The Log Book shall be kept by the LosBook. Headteacher and in it he shall enter from time to time such factual events without adding any reflections or opinions of a general character, at the introduction of new books, apparatus or courses of instruction; all school holidays and the authority therefor; particulars of school journeys or educa- tional visits; absence without approval, illness or unpunc- tuality or neglect of duty on the part of the members of the staff, and any special circumstances affecting the school that may, for the sake of reference or for any other reason, deserve to be recorded. (2) Any adverse report on a member of the staff record- ed in the Log Book shall be shown to him and initialled by him. (3) No entry once made in the Log Book shall be erased, removed or altered in any way, except by subsequent entry. (4) Entries in the Log Book must be treated like official correspondence and must not be communicated to the public. SCHOOL BUILDINGS 62. (1) The Minister may from time to time, after Specification of school. consultation with the authorities concerned, make such orders relating to the specifications, plans, sites and equipment of school buildings as may in his opinion be appropriate to the requirements of the level of education which it is intended to provide therein. (2) No school shall receive aid unless or until the Minister is satisfied that the specification governing school buildings in this Act are complied with. (3) All public school buildings existing at the commence- ment of this Act or constructed thereafter shall, while in use, be at all times, maintained in proper sanitary condition and in good repair, and in all respects fit for the purposes of a school. LAWS OF ANTIGUA AND BARBUDA 2 6 CAP. 145) Education MISCELLANEOUS Public school to 63. (1) Every public school shall conform to the conform to standards standards and comply with such requirements as are required. prescribed. Power to make - (2) The Minister may make regulations for the control regulations private and management of private schools and in particular in respect of the following matters- (a) the size of classrooms and their equipment, the number of children that may occupy each classroom, and the necessary toilet facilities to be provided; ( b ) the safety, preservation of health and the prevention of disease among the pupils; (c ) the registers and other records to be kept by the proprietors of private schools and the particulars to be supplied to the Minister by them; (d) the suitability of premises; ( e ) the suitability of the curriculum, courses and methods of instruction; (f) generally, for more effectively carrying out the provisions of this Act respecting private schools. Power to make (3) The Minister may from time to time, make regula- regulations - further tions for all or any of the following purposes- education. ( a ) defining the branches of further education, and the subjects to be taught in classes in further educa- tion, and the course and the number of hours of instruction and providing for examinations therein; ( 6 ) providing for the manner in which applications for sums payable in respect of classes, scholarships, studies and grants in aid under the provisions of this Act relating to further education shall be made; (c ) providing for the establishment of bursaries in any subject of instruction under the provisions of this Act relating to further education and prescribing the amounts and tenure thereof, and the conditions subject to which they may be awarded and held; LAWS OF ANTIGUA AND BARBUDA Education (CAP. 145 27 (4 such other matters as he deems necessary in order to give full effect to the intention of the provi- sions of this Act relating to further education. ( 4 ) The Minister may from time to time make regula- Power to make regulations - tions for all or any of the following purposes- Teachers' Training College. (a) providing for the control, organisation, manage- ment and conduct of the Teachers' Training College; (b) providing for the selection of students and for their admission to or continuation in and removal from the Training College; (6) prescribing the courses and curricula for students at the Training College; (4 providing for the certification of teachers com- pleting courses of training. (5) For the purpose of administering any regulations made under paragraph ( b ) of subsection ( 4 ) , the Minister shall have power to remove and to exercise disciplinary con- trol over persons admitted to the Teachers' Training College. 64. The Minister may make regulations generally for Power to make regulations. the purpose of carrying this Act into effect and in particular for prescribing anything that is by this Act required to be prescribed.