Section 35, The Education Act, 2004

(1) Every school in which more than one teacher isemployed shall have– (i) a headteacher, who shall be appointed, in the case of an assisted primary school, by the proprietor thereof (or the manager acting on his behalf), with the approval of the Minister; (ii) in the case of an assisted or government secondary school, a principal who shall be recommended by the Board of Governors and approved by the Minister; (iii) in the case of a private school, a headteacher or principal as the case may be, who shall be appointed by the proprietor thereof (or the manager or Board of Governors acting on his behalf), from among persons who have the proven academic and professional qualification for the job. (2) The headteacher or principal of a school shall be responsible, subject in the case of a government school or assisted school, to any rule made by the Minister under this Act for the general control and supervision of the instruction and discipline and for the organisation of the classes therein. (3) There shall be a critical appraisal of a head teacher’s or principal’s performance twice in the first ten years of his appointment which shall provide the basis for stocktaking, correction and redirection where necessary; and the first appraisal shall be two years after he has completed a probationary period of one year and the second three years thereafter. (4) A headteacher or principal, as the case may be, shall be regarded not only as the administrative but also the professional head of the school and this must be recognised if he should be free to manifest his professionalism in the discharge of his duties; a recognition which confers upon him the responsibility of accountability. (5) A headteacher or principal shall be liable to be rotated within the organisation which established the school or moved to a position within the Ministry after a period of ten years’ exemplary service, if all relevant conditions are satisfied. Education centre management committee. Appointment, functions and tenure of headteacher or principal.