Section 99, No. 23 The Bosic and Sentor Secondary Hrcation Act 2023 fr

Regulations.lm. Repeal and Savings "] -' J SrcNro this 2nd dtY of MtY ' 2023' DR. ruLIUS MAADA BIO' President' No.23 2A23 Sierra Leone tl ENecreo by the Fresident and Members of Parliament in this present Parliament assembled' The Basic and Senior Secondary Education Act' 2023 Being an Aet to Repeal antl Renface Th3 EducationAct 2{X)4 (Act No.2 of 2004), excepi for the section:::^T ***ed relatingto Tertiary and Higher dducation and associatBd Sections and Subsections. To restructure and reform the Basic and Senior Secondary Education system to make it free, aocessibte' compulsory ."f"uuut, "fLinclusive and right-based' to improve the governance structure of the school ;;;r and to provide for other related matters Short title. Datc of commencement. @ Int€rprctation. l. In thisAct, unless the contelft otherwise requires- "affirmative action" means the practice or policy of favouring individuals belonging to groups regarded as disadvantaged or subject to discrimination; "autism spectrum disorder,' means a developmental disability caused by differences in the brain and a child with autism spectrum disorder may behave, communicate, interact and learn in ways that are different from most other children; "basic education" means formal schooling provided from pre-primary I tojunior secondary 3; "Basic Edtrcation Certificate Examination,, means Basic Education Certificate Examination referred to in section 28; "Chief Education Of,ficer" means the professional and technical head ofthe Ministry referred to in section 5; "citizenship education,, means a form ofeducation that teaches pupils the rights they enjoy, their responsibilities to the society, bna *reir duties to the country; t, . 2 No.?^3 The BasicandSeniorSeconda4tEducation Act ZAZ3 \ No.23 The Ba-sic and Senior SecondarY Htc*ion Act 2023 3 "community education centretr means a cente for the promotion of non-formal literacy and basic education as well as skills acquisition; "community language" means the predominant language in a localitY; "community service" means unpaid wor*' intended to be ofsocial use, that an offender is required to do instead of going.to prison or paying a fme; "compulsory subject" means a subject tbat all pupils are required to studY; "continuous assessment" means a form of measuring learning progress regularly throughout a prescribed course or pragramme; "co-or<iinatlrr or ntanager" means the head of an adult literacy, .:omliunity education cenre, or non-forrnal e<iucatiort celltre: "corpcral punishment" means any punishment in which physical tbrce is used and intended to cause some degree of Pain or discomfot; *comiption" meafls a form of dishonesty or a criminal offence which is undertaken by a person or an organisation which is entrusted in a position of authoriry, in orderto acquire illicitbenefits orabuse of power for one's Personal gain; 4 No.23 TIe Basic and Senior Secondary Hucation Act ZO23 "creative thinking" means devising new or altemative ways to carry out tasks, solve problems, and address challenges; "critical thinking" means analysing available facts, evidence, observations, and arguments to form judgement; "cruriculurn" means &e subjects comprising a course of study in an educational seting; "cyber bullying" means a form of intimidation or harassment using electronic means, for example, pestering phone calls; 'data-driven" means something that is determined by or dependent on the collection or anatysis of information; "delinquent" means q?ically a young person who commits minor offence; "Deputy Director" means a second in command to tlre head of a technical directorate or head of the education office in the district referred to in section 7; "Directorate" means a technical division in the Minishy responsible for implementing the Minist4/s proganmes and strategies; L No.23 The Basic and Senior Secondary Mtcation Act 2023 5. "distance education learning" means a method of delivering education to pupils with limited direct contact with teachers; "early childhood education" means catering to dte educatio-nal needs ofthe child from 3-5 years; "Education Committee" means a group of persons appointed by alocal councilto manage its education responsibilities; "Education Secretary" means a senior person who is responsible for the overall management of a school; "Education Youth Advisory Group" means the Education Youth Advisory Group established under section 96; "emergency" means serious political unrests or InaJor health issues or disastrous happenings that have the potential to disrupt the school system; 'epidemic" means a widespread occurrence of an infectious disease in a geographical area; "equity" means being fully or tmly balanced in resources, opportunity and outcomes; . "expulsion" means removing a pupil or teacher from the school permanently following a serious act of indiscipline by the pupil or grave unprofessional behaviour bY the teacher; 6 No23 The BasicandSeniorSecondaryEducation Act 2023 "fri&-based" means being or associated with a religion or religious group; "foreign pupil" means a non-Sierra Leonean schoolgoing child: "Free Quality School Education" means a prograrnme dedicated to the promotion of qualig education for which the cost of tuiiion and much of the teaching and leaming materials and examination fees are borne bythe Govelnment of Sierra Leone; "gender equity" means the full and equal enjoyrnent of rights and freedoms and equal access to resources, opporhrnities and outcomes, by females and males; "gender mainstreaming" means the process of identifying gender gaps and making women's and menrs concems and experiences integral to the desrgn, implementation, monitoring, and evaluation ofpolicies and programmes in all sectors in the Ministry to ensure that they benefit equally; "general secondary school" means a senior secondary school that ailows pupils to choose specialist. applied and every day subjects according ro their needs, interests and aspirations; "global languages" means international languages; No.23 The Basic and Senior Secondaty ilucation Act 2023 7 ,,Government school" means a school managed by or on behalf of the Ministy "Govemment-assisted school" means a basic or senior secondary school that receives financial assistance includiirg subsidies and other regular forms of support from the Ministry and governman! 'guardian" means any recognised custodian ofa child; "guidance counsellor" lneans a professional who works in the basic or senior secondary education system to provide academic, career, social and emotional g,ridan"e to PuPils; "inclusive education" means giving every child the right to quality education and learning regardless of ' their circumstances, gender, place of residence' etlrnicitY, etc.; "infectious disease" means a sicknessiillness that is transmitted from Person to Person; "in-service training" means training provided to practising or serving teachers to improve their competencies; "information technology" means the use of computers, storage, networking and other physical devices, infustrucfure and processes to create' 8 No.23 The EasicandseniorSecondaryEducation Act 2A23 process, store, secure and exchange all forms of electronic data; "Junior secondary school" means the school category for 3 years after primary school; "learner" means a person ofany age for whom education is provided in accordance with this Act; 'lifelong education" means on-going pursuit of knowledge for either personal or professional reason; "local council" means an elected body rlw administers a city or district council; "Medical Of;ficer" means a health practitioner in the employment of the government or authorised by the government to attend to the health needs of individuals that include school pupils; "mental health" means a condition with regard to the psychological and emotional well-being of a pupil; "Minister" means f-ire political head of the Ministry responsible for Basic and Senior Secondary Education; "Ministry" means the Ministry responsible for Basic and Senior Secondary Education; No.23 The Basic and Senior Secondary Hucation Act "National Boarci" means the National Board of Education established under section 9; "National Frimary School Examination" mearsNational Primary Schooi Examination referred to in section 26:' "non-discriminatirltt" means the fair or even-handed Eeaunent of different categories of people; "non-formal educatiod' means any plarured Fogramme of education or instruction designed to improve a range of skills and competences, outside the formal educational setting; "pandemic" means a widesprcad occtrlrenc€ of an infectious disease over a whole counuy or the world ataparticuiar tirne; "para-curricular" meals an activity at a school pursued in arldition to the normal course of study; "pa.rent" means the biotogical or adopted mother or father of a chiid; "parent learnor" means an adolescent school-going grl or boY -''rith a child; "pre-school" mearc an educalional facility for children 3-5 years; 2023 9 l0 No. 23 The Basic and Senior Secondary Mucation Act Z0Z3 "primary school" me,ms the school category for six years after pre-school; "private school" means an educational establishment that is not administered by government or a local council, and does not receive regular financial support from governmenq "proprietor" means the owner of a school; "public school" means gove,mrn€nt or governmentassisted school; "pupil-on-pupil violence" means the verbal abuse, trreats and physical pain a pupil inflicts on another pupil; "remedial learning" means additional assistance given to pupils to improve their academic performance; "School Manager" in the case ofaschool managed by a proprietor, means the proprietor and in the case of any other school the person appointed by the proprietor to be the responsible locat representative of the proprietor; "School Management Cornmitted, means a group of persons appointed or elected to oversee the operations ofa primary school; l, \ No.23 'fhe Basic and Senior Secondary Hucation Act 2023 ll "semi-autonomous" means a body with powers to act independmtlY to some degree; "senior secondary school" means the school category for 3 years afterjunior secondary school; "special needs education" meansthe kind ofeducation that accommodates the individual differences' disabiiities, and special circumstances of certain pupils; "specialist secondary school" means a 6'pe of senior seconda-ry school thatoffers a specialised curriculum determircd bY the Minister; "suspensiott" rneans asking the pupil or teacher to temporarily leave the school after a misconducq "technica! an<i vocational education and training" means tl'.o technical and vocational education and training set by the Ministry as a condition for enrolmeut inr.o specialist schools under section 30; "underserved cornmunity" means a community witlt very limited social amenities andother facilities; "ward" means the smallest political unit of a local council, represented by a councillor; "West A&ican Senior School Certificate Examination" means West -lifrican Senior School Certifrcate Exarnination referred to in section 3 1' n No.23 Tlu BasicandSeniorSeeondaryEducation Act 2023 PARIII-CONTROL OF EDUCATION -c. :l,T 2. The Minister shall have control and supervision ofsupervtsron oi'Jo."tioo. pre- primary primary junior secondary and senior secondary schooling as well as the non- formal and school-level adult learning sectors tlroughout Sierra [,eone. Powcrs of Minister- 3. The Minister may, from time to time, from funds appropriated by Parliament for that purpose - (a) establish and maintain govenment and government assisted schools; O) give subventions to schools; (c) establish or maintain boarding homes ancillary to schools established or maintained under this Act; (d) give subventions or loans for the establishment, maintenance or repair of boarding homes to schools established or maintained under this Act or the making of additions or alterations thereto and subject tothe consent ofthemanager, to govemmentassisted schools; (e) give subventions to such instifutions or organisations which, in his opinion, promote the education or well-being ofthe children in Sierra Leone; (D give subventions for t[e provision of meals at government schools or governmentassisted schools; G) give subventions to museums that are constituted and administered in a manner approved by the Minister; l, No23 The Basic and Senior Secondary Education Act 2023 13 (h) provide, in whole or in part' means of transportation for children to and from government schools or government assisted schools; O provide medical and dental services for "$ta'"n attending government and government-assisted schools; () provide for regular inspection and suPervision of schools' 4.TheMinistryisresponsiblefortheperformanceofsuchResponsibility acts necessary o, in"ia"itui to the control and supervision 6f of Ministrv' ;;;t"" uy tire vrinme' under section 2' including - (a) working closely with tre Ministry responsible for local govermrent to ensu€ the effective planning ana implementation of pre-primary' lm'lxH;llx"r#lr,*"#; sectors; (b)ffil,ffi;T,"?::ff li^Hl;T;:,"ffi guidelines; (c) :f;1T,:fT#':il:T' :["m::";; gou"**"o, schools- government-assisted ichools and such other categorles or u"hoolr, as may be determined bY the Minister; (d) superintending governmenJ - ti"a go""to*"rt-asiisted schools, including soecial needs institutions to ensure ,L*a*4. and national policies are met; 14 No23 The BastcandSeniorSecondaryEducation Act 2023 Chief Officer. (e) development of national curricula and accompanying syllabuses for government and goven'lrnent-assisted schools; (0 ensuring that fke curricula ofprivate schools conform to the goals and objectives ofthe Ministry; (g) investigating, in collaboration with other reler,'ant bodies, fiaud and other malpractices in the education system; (h) prioritising improvement in literacy, numeracy and civics knowledge of Sierra Leoneans; O collecting, managing and producing accurate and reliable school level data and statistics; 0 coordinating government schools feeding and physical health programmes; ft) managing schoois broadcasting programmes and the education radio: 0 managing school sporting and other paracurricular activities. 5. (l) The Chief Education Officer is the professional and technical head of the Ministy and key adviser to &e Minister on all educational matters, with responsibility to - (a) provide expert seryices ofsupport, guidance, monitoring, inspection. etc., to the various directorates or units in the Minisfiy; O) serve as the major link between the Ministry and parurers including consultants delivering technical rvork; No.23 The Basic and Senior Secondary Hucation Act 2A23 15 (c) subject to ttre directions ofthe Minister, serve as the Chief Government Representative to the West African Examinations Council' (2) A person shall not be appointed Chief Education Officer under subsection (1), unless he (a) pJrr"rr", a Master's degree in education or related discipline from an accredited universitY; Ii,l::rr#itrdl':liffffiilevel; (c) has the knowledge, competerrcies, diplomdic skills and innovative drive to promote the Ministry's policies and objectives. 6. (t) The Deputv Chief Education-Officer.shalt be the *3;L"?*t princrpal assistant to the Chief Education Officer and he - il;;.. (a) may deputise the Chief Education Officer in offrcial functions; (b) may act as Chief Education Officerwhere the ChiefEducation Officer is unable to perform his functions for whatever reason' Q) A person shall nbt be appointed Deputy Chief Fiucation Officer under subsection (l), unless he - (a) possesses a Master's degpe in educationpr related discipline from an accredited universitY; 16 No.23 The BasicondseniorSecondaryMucation Act 2023 Technical directorates education offices. Ministry to collaborate with scmiautonomous bodies. (b) has at least 5 years'working experience as an educator or educationist with a record of excellent performance at a senior management level; (c) haq the knowledge, competencies, diplomatic skills and irurovative drive to promote the Ministry's policies and objectives. 7. (1) The Minister may, in consultation with the Public Sector Reform Unit, establish such technical directorates, district education offices and district or merge existing technical directorates as he may consider necessary for the implementation of the programmes and strategies of the Ministry, including - (a) Partnerships and Financing Directorate; (b) Educational Services and Programmes Directorate; (c) Schooi Quaiity Assurance, Monitoring and Resource Directorate; (d) Policy and Planning Directorate; (e) Curriculum and Research Directorate; and (0 Non-Fomral and Adult Education Directorate. O) A technical directorate or district education office established uader subsection (l) shall be headed by a Director or Deputy Director, respectively & The Ministry shall collaborate with semi-autonomous bodies including - (a) the WestAfrican Examinations Council, for the purpose of conducting public examinaticns and other assessments; No.23 The Basic and Senior Seeordary Education Act 2A2l 17 (b) the Sierra Leone Teaching Serv-ice Commission' in the management ofthe aflairs of-tt'"t'"tt in order to improve their professional status and economic wellbeing; (c) the National Assessment Unit' for the developmen! management and conduct of *t"tt**" for eialuating the status of leaming in schools' PART III.ESTABLTSHL4ENT OF NATIONAL BOARD OF EDUCATION s. (t) rhere shall be a National noala if,!*":*: il*:Tl **ioingora chairman, appointed- t1 1ne President' upon B6u"u1ioo. recommendation from ti" lai'i*o and subject to the approval of poiiu*"nt uod the fbtlowing other members- (a) 'i representatives from faith'based irrstitutions; (b) a representative of the National Union of Private Schools; (c) Tlre Irirencial secretary or his representative' not below the rank of Director; (d) a representative of the National Council of ParamorrntChieft; (e) 'lt'r: Head oftheNational Office' WestAfrican Exrmination Courcil or his representativg not belorv the rank of Directoq (0 iheChairman'TtrchingService?t'-Yi11 ,rr his representative, not below the rail( ot Director; 18 No. 23 The Basic and Senior Secondary Hucatton Act 2AZ3 (g) a representative of Crnferetrce of pr.incipals ofSecondary Schools; (h) a representarive of the National Council of Head Teachers; O The Cornmissioner, Persons with Disabili4/ Commission or his representative, not below the rank ofDirector; () a representajtive fiom Sierra Leone Ti:achers Union; (k) the Permanent Secretary, Ministry responsible for local government or his representative, not below the rank of Director; (T) 5 education and technical experts of whom one shall be from each region, resident in Sierra [,eone, as the Minister may appoilrt; (m) The Chairman, Education Youth Advisory Group; A\ The Deputy Secretary shall serve as Secretary to the Board and shall not have a voting right. (3) A person shall not be appointed Chairman under subsection (l), unless - (a) he has demonstrable experience of the system ofeducation in Sierra l"eone or of institutions dealing or connected with matters relating to the Sierra l,eone education system; or I No.23 The Basic and Senior SecondarY Hucation Act 2023 19 (b) his coutribution may be of significant ;;;;g" to the forrrulation and execution ofnational policies on education' ,"01"9"*",,],"Jll,Xfi ffi :Xl'iffig[";H]".f'ffiT'H:[f; itfi " il#t"y,;;;ri" rt'" "mcitnt implementation t ;J#,h" overall performance of the Ministry" 8) Notwittrstandirg the generaliry of subsection (1) the National Board of Education shall - (a) "i:i:"i:,-*"r'T.ff :fflff ':il;":111: inrcrvention; o) ffiT##;:i3 3xH'Afft:"*"ffi; sysrcm; (c) i:*: .,T'#TX#:T#.,Tnrj*"ff; gou.r..*"nt-assisted schools on foreign pupils; (d) advise o"r any matter affecting education ani any cther matter in respect of *'hi-c\ the lviinister is empowered to make Reglations under this Act; (e) adv;se on any other mafier referred to the Natioml Board of Education by fte Minister' t.t ,r," National Board shall hot advise on "ratters for which other bodies have been audrorised bY law to advise on" X No.23 The BasicandSeniorSecondaryEducatton Act 2023 Tehirre of nrembers. Meetings of National 11. 0) A member of the National Board, other than an ex_ officio member, shall hold office for a period of3 years and shall be eligible for re- appointnent for not more than r firrther term of 3 years. (2) A person shall cease to be a member ofthe Board for any ofthe following reasons:- (a) for his inability to perform the functions of his office by reason of infirmity of mind or body; O) for proven misconducl (c) if he becomes banloupt or insolvent; (d) if he is convicted and sentenced for an offence involving fraud or dishonesty; (e) if he fails to anend 3 consecutive meetings of the Board without reasonable cause; (0 if he resigns his office. 12" (l) The National Board shall meet for the discharge of its business at least onc€ every 3 months and at such time and p'Ir"" *deemed necessary. 8) The Chairman shall preside atevery meeting of the National Board, and in his absence, a member ofthe Nationar Board elected amongst their nurnber shall preside. (3) Aminimurn of9 members oftheNational Board may, by notice in uniting signed by thenL request the ehairroar, to rurn*on a special meeting ofthe National Board for such purposes as may be stated in the notice. (4) The Chairman shall summon a special meeting within 5 days of his receiptofthe notice referred to in subsection (:1. tl No.23 The Basic and Senior Secondary Education Act 2023 2l (, The quonrm at any meeting of the National Board shall be 9. (O The Chairrran shall have a casting vote where there is an equalitY of votes' CI A proposal circulated among all members and agted to in writini by a tw;-thirds majority of all members shall be of the same force or effect as a decision made at a duly constituted meeting of the National Board and shall be incorporated in the minutes of the r"" *""i"g ofdre National Board: Provided that' if a member requires fir;;;;h ;t;posal be placed before a meeting of the National Boar4 this subsection shall not apply to such proposal' (8) The National Board may cmpt a person to attend and particiiate in its deliberations on ary matter but such person shalinot uot" oo any issue for decision by tlre National Board' (9) The National Board shall cause minutes of all is meetings to'be taken and signed by the Chairman and the Secretary and kept in proper hard and soft copy' (10) Subject to this Act' the National Board shall regulate its own procedure. 13.(1)AmemberoftheNationalBoardu,hohasanyinteres!Disclosureof whether direct or indirect in any matter being considerei or t? qe interest' considered by the National Board' shall disclose the nature of his interesttotheNationalBoardandthedisclosureshallberecordedin the minutes of the National Boaqd and such member shall not take ;; t" ;y deliberation or decision of the National Board relating to that matter. 8> A member of the National Board who conaavqpes subsection (t1 tnall be guilty of misconduct and shall be removed fromtheNational Board. 2. No.23 The BasicandSeniorSecondarltEducation Act 2023 Immunity of members. Committecs of National 14. (i) An action or other proceedings shall not lie or be instiartedagainst a member of the National Board or member of a committee ofthe National Board for or irr respect of any act or thing done or omitted to be done in good faith in the exercise of his functions under this Act. @ A member ofthe National Board shall not be personally liable for any debt or obligation of the Ministry. 15. The National Board may, for the discharge of its functions, appoint one or more committees consisting ofmembers ofthe National Board or non-members or both, to perform such functions and to report to the National Board as the National Board may determine. Remuneration 16. The Chairman and other members of the National Board of members' and any person co-opted by the National Board under subsection (8) of section 12 shall be paid such allowances i$ approved by the Minister and shall be reimbursed by the Ministry for erpenses incurred in connection with the discharge of their functions as the National Board may, with the approval ofthe Ministeq determine. Filling of vacancies 17 . (l) Where fte Chairman or a mem@r ofthe National Board dies, resigns, is removed from ofTice or is absent or is by reason of illness unable to perform the functions ofhis office for 3 consecutive meetings, in the case of - (a) the Chairman, fhe members ofthe National Board shall elect one of their number to act as Chairrnan mtil such time as the Chairman resumes his office or another is appointed in his stead; and @) a member, the Chairman shall arrange, subject to this Act. to have another person appointed to theNational Board- No.23 The Basic and Senior Secondary Edacation Act 7023 B 8) Aperson appointed to fill a vacancy as Chainnan or member, shall frold omce iiithe rcmainder ofthe term ofthe previous Chairrnan or member, * m"t*" may be' and shall' subject to this Acg be eligible for re- appoinunenL PAKT IV - INCLUSIVE A}.TD EARLY CHTLDHOOD EDUCATION 18. (1) TUe systJm of format education for basic and senior Stages in secondary schools 'i'uii u"-o'gu"ised in 4 progressive levels as :i;ffit:' follows- (a) 3 years ofpre-school education; O) 6 yean of primary school education; (c) 3 yearsofjuniorsecondaryschool education; (d) i rr;IrlTrillig,-f xT;1*T education in lieu thereof' (2) Other higher and technical education services shall be of,flered by the Mi"'?; responsible for Tbchnical and Higher Education. 19. (1) Schools, including private thlots' shall be inclusive nadcat and disability fii""dy,;;rJ;;i ir" *rr ar "hssrooms and facilities inclusion' are accessible to all categories of leamers' (2) Pregnant girls' parent learners' children frgt't" poorest to-#r, ;;;; and underserved communities shall be allowed to ac""r,, '*fio "omplete s"hool and enjoy atl the facilities provided in the school (3) Special arrangements to.acc€ss education shall be made for pupir, *itri"in[it'"ahh' autism spectrum disorder and other related unseen disabitity and health issues' Vl No23 The BasicandSeniorSecondaryEducation Act 2OZ3 (4) This Act and all other instruments relating to education in sierra Leone shalr be administered and interpretei in such a manner as to ensure that there is no discrimination between pupils in the matter of their admission to and reatment in educationar institutions throughout Sierra Leone. (5) Nothing in this section shall forbid or resrrict - (a) pending clearance by the Minister, upon the advice of professional stafi establishment or maintenance of single-sex or co_ educational schools with comparable facilities; O) pending clearance by the Minister, upon the advice of professional stafl establishment or maintenance of faith-based institutions whose philosophies and goals are in line with the Constitution of Sierra Leone and the object of this Act; (d) discrimination between citizens and non_ citizens of Sierra Leone in the matter ofthe provision of financial assistance for the payment of school fees or the award of scholarships. (c) establishment or maintenance of private educational institutions, if the purpose of such institutions is not to secure the exclusion of a group but to provide educational facilities in addition to those provided bythe Ministry, if the institutions are conducted in accordance with that object and if the education provided conforms with such standards as may be laid dowr or approved by the Minister for educational institutions ofthe same level; Seni or Seeondary Education Act 2A23 x No.23 The Basic and 20. Nothing in ttris section shall prevent discrimination where a group of pupils sf'ute a characteristic and by virtue of which - Affirmative action. (a) that group suffers a disadvantage in \-/ u"""riirrg ih" t'ot" quality ofeducation as pupils who do not share that charactersuc: or rh) that sroup's participation in education is \"r Jitptip",ii""*ly low: Provided that such Jit"ti*i"utio, does not go beyond what is reasonably necessary to ensure thal efoup i^ "quutity ofoppornrnity in accessing and cornPleting education' 21. 0) The Minister lrro| make such provision-for'tfe ;3;1iat nceas education of children *itr, ,p."ia learning needs as the Ministry instihrtioos' considers necessaq' or desirable' (2) A parent, guardiarL head teacher or principal of a pupil wi{h special learning n"3a' toy't"qtt"st the Ministry' tfuough the Chief Education Ofrrceito mate'special arrangements for the education of the "hii;, 'tatll g nly.t!e proposed special affangements would U""ttft th-e child developmentally and educationallY. (3) The Ministr;* shall' through the Chief Education Officer, within 30 days oi receiving an application for special arrangements under subsection (2)' - (a) aFP'ove the request (b) refuse the request; (c) variv the request and approve the variation' or (d) suggest an alternative special provision' X No 23 The Basic and Senior Secondary Mucation Act zOZs Earli childhood 22. (l) Early childhood or pre-school education is critical for optimising h,rnan capital and national development and children of pre- school age in Siena Leone including poor children, orphaned children and children with ttisabilities shall hive access to pre-frimary @ Government shall support one year free compulsory pre-school educatiorq when a child reaches the age of5 years. (3) A school offering pre-school education shall, within 2 years afterthe coming into operation ofthisAcq - (a) have at least one teacher present at all times who has qualifications recognised by the Sierra Leone Teaching Service Commission in pre- primarl, education; O) be apprnved for that purpos€ and registered with the Ministry; and (c) maiutain pre-primary facilities separate &om or on the grounds of a primary school. (4) The Ministry shatt - (a) provide coordination guidelines for line ministries and other partners in providing quality early childhood education services; O) set up early childhood education coordination mechanisrns at the national and sub-national levels to facilitate communication, synchronisation and collaboration in planning, financing and delivery of early childhood education services; t, No 23 Tle Basic arul Senior Secondary Education AcI 2A23 (c) build and strengthen partnerships and coliaboration for syrergr, including referral' among early childhood education services throulh different platforms in different sectors; (d) rnobilise adequate resources for improving accessibility to quality early childhood education services for young chil&en and i-amilies, including capacrty building for teachers by the Sierra Lrone Teaching Service Commission. (e) liaise u'ith the Ministry responsible for Technical and Higher Education and Sierra L.eorre Teaching Service Commission to ensure that there is within Sierra Leone faciiities for training teachers in pre-primary education; (t) direct the development of curricula for preprimalY school institrtions; (g) set and monitor the standards of teaching in pre-PrimarY school institutions; (h) set and monitorttre standards ofthe facilities il pre-primary school institutions; (i) €tlstre that the required national health and safety care and regrlar health checks are coirdricted on pupils in pre-primary school urstitutions, to guarantee early detection of di-tabiliries. X No.23 The BasicandseniorSecondaryE&tcation Act 2023 Obligations of early childhood education providers. Basic educatiorr. 23. (t) An institution established to deliver pre-primary education shall follow guidelines for school approval established by the Ministry. G) A pre-primary school provider shali ensure that the area in which the pre-school is located - (a) has sufficient spaces in it to accommodate the pupils; and (b) meets appropriate health and safety standards. PARTV. STRUCTURE OF BASICAND SEMOR SECONDARY EDUCATION 24. (l) Basic educarion shall consisr of I 2 years ofschooling composed of 3 years pre-primary, 6 years primary and 3 yearsjunior secondary and is designed to provide ail that is necessary for all Sierra Leonean children to - (a) be functionally literate and numerate and help them to cuitivate the lorowledge, skills and attitudes that will eventually enable them to earn a good living; (b) inculcate civic values including patriotism, respectfulness; and (c) enable children to begin to trnderstand the complexities and opportunities of the modem world- . A) The purpose of basic education shall be to bring out the acquisition of comprehension. computational thinking and technological skills, creativi[,, crit;sai t-r:;eltitg and civics knowledge. Secondary Education Act 2023 D No.23 The BosicandSenior 2s. (1) Pre-primary antl primary education shall consist of - tJfilHil (a) full-time formal schooling which children receive for 9 years from about age3 ta 12 years; or (b) a compreheusive three-year programme for 'over-age' ot$-of-school learners' offered by the Directorate of Non-Formal and Adult Education and parfirers in adult education' 8\ Pre-primary and primary schooling shall give children early structural cross cultutal socialisation opportunities and an elementary introduc'tion to those flrndamentals necessary to produce individuals able, at a rudimentary level' to tmyove and enrich their own circumstances and to contribute meaningfully to life in the develoPment of their communiry" 26. 0) At the end of class 6' children in sovernment and National government- assisted p'i**y School *a p'iuut" 'lf'oot' shall take 5:iffii' the National s*urolruiio; *ni"t, .t utt be conducted by the \try'ss1 Examination' A&ican Examinations Council or other approprixe examinAionbody' 8) The resutt ofthe l"iarional Primarl' School Examinati'on including each schootr's contiruous assessment scores may be used for placement in junior secondary schools' (3) The Ministry may use a different national leaming assessment other *ran the National Primary School Examination to support traosition and placement into junior secondary school; in which case, the Naiional Prilrary School Examination may be used only for system-levei national assessments or replaced with other appropriate school-level national assessmen8' ! 30 No.23 The BasicandSeniorSecondaryEducatton Act ZOZ3 Junior Secondary School. 27. (1) Junior secondary schooling shall be for pupils who have completed the six years of primary school or comprehensive non-formal education course in Sierra Leone or its equivalent in other coun8ies. O The purpose ofjunior secondary school shall be to provide a broad based, general education in preparation for senior secondary school, technical and vocational education or for employment or selfrmployment. (3) Where a pupil comes from a country whose grading system for entry into junior secondary school is different from fhat ofthe Sierra Leone sptern, the chairman ofthe local council education committee shall scrutinise the pupil's grades or transcript and strictly follow guidelines provided by the Ministry to determine the correcr placement of the pupil. (4) Where the pupils previous schooling was in a place where tle assessment system does not provide grades that could be used as an equivalent, the Chairman shall. fcrllowing discussion with the Deputy Director of Education in the riistrict, grznt approval if he is satisfied that the pupil is competenr ro undertake studies at the junior secondary level. (5) A guidance counsellor may, where appropriate, be attached to a school or clrcter of schools to - (a) support and advise on rhe psychological, academic and social development of individual pupils; O) help resolve minor conflicts between parties and interesls in the school; and No.23 The Basic and Se nior Secondary Education Act 2023 3l (c) hetp pupils to resolve any other problems or concerns; (O The Minisry may set c€rtain subjects to be either compulsory or oPtional' 28. (1) TheBasicEducationCertificateExamination shallbe Bfrli*." conducted by westAfrican Examinations council or other approPnate certificate examining body on behalf of the Minisory' at the end of the junior Education' secondary school course or programme' 8) The Basic Education Certificate Examination shall be tat<en ty pupif from all government' goverDment-assisted and private junior ,""or,arty schools that have completed 3 years ofjunior secondary school or its equivalent' (3) The continuous assessment score of a candidate shall form Part ofhis final grading' Zg. 0) Senior secondary schooling shall be for pupils who senior have completed the junior '""ondury school course in SL"a r-eone lifiSfq or its equivalent in other counries' @) The Ministry may determine conditions for entry into government o, go,.'n*"nt-assisted senior secondary school [rovided those conditions do not discriminate against pupils other than on academic grounds' (3) Where the Ministry has conditioned entry on pupils having attained certain grades in examinations administered in Sie5ra Leone, the Chief Education Officer may' on request' provide writen upp*uut for a pupil who has completed his studies outside Sierra Leone to attend senior secondary school' n No23 The BasicandSeniorsecondaryEducation Act 2AZ3 (4) In giving wrifien approval under subsection (j). the Chief Education Officer shall consider the grading system, if any, employed in the counoy of the pupil's previous schooling and be satisfied that the pupil has attained grades thal are the equivalent of those determined by the Ministry. (5) Where the pupifs previous schooling was in a place where the assessment system does not provide grades that could be used'as an equivalent, the Chief Education Offrcer shall grant approval if satisfied that the pupil is competent to undertake studies at the senior secondary level. (O A senior secondary,school may have a counselling deparhnent, responsible to - (a) support the psychological, academic, and social development of the pupils; (b) advise pupils on subject options and career pathways; (c) help resolve minor conflicts between parties and interests in the school; (d) help pupils to resolve any other problems or concerns; (e) help to co-ordinate continuous assessment matters. A A counselling deparnnent may, where appropriate, serve a cluster ofschools. l, No.23 The Basic and Senior Secondary Education Act 2023 33 Types of senior sccondary 30. (1) The Ministry may designate a school to be either a general secondary school or a specialist or technical or vocational secondary schools" A') A pupil who has passed the required Basic Education Certificate Examinatior, and continuous assessment grades or equivalent shall have the right of enrolrnent in a general secondary (3) A pupil in a general secondary school shall offer a set ofsubjects from among specialist, applied and every day subjects according to his needs, interests and aspirations' (4) The Ministry may set conditions for enrolment into specialist secondary schools, such as technical and vocarional education and mining schools, including Basic Education Certificate Examination grades from those required for entry into general secondary schools. (5) A school that is desigmted a specialist secondary school shall offbr a curriculum as may be determined by the Ministry' (O The Ministry may set certain subjects to be eitlrer compulsory or oPtional' 31'(l)Attheendoftheseniorsecondarvschoolcourse'WestAftican pupils in governmelrt and govemrnent-assisted '"hool' and 1!ose Ulfi*t:r:*' *i,t,ingtodoso&omprivateschools,shalitakettreWestAfricanExamination" Senior School Certihcate Examination conducted bythe \VestAfrican Examinations Council' @ Apre-specified percentage of a West African Senior School Certif,cate Examination frnal grade of a candidate shall come from his continuous assessment scores' ! Y No23 The BasicandSeniorSecondaryEducation Act 2023 Non-formal and lifelong learning. Continuing Centres. (3) Nothing in this section shall prevent a pupil in Sovernment, govemment-assisted, private or international schools from taking examinations conducted by other intemationally recogrised examination bodies. (4) A pupil who did three years oftechnical and vocational education after Junior Secondary School shall take the National vocational Qualification examination conducied by Nationar co,ncil for Tirhnical, Vocational and other Academic Awarcls- 32. (l) A non-formal education is a planned programme of education or instruction designed to improve a fimge of skills and competences, outside education. The formai educational setting and its purpose is to make education accessible to every citizen, in the context of lifelong ofthe individual. A) Non-formal education caters for out_of-school and older children, youths and adults who may desire to emol i, the formal school system or wish to pursue alternative pathwal,s after completing formal education. (3) The Directorate ofNon-Formal andAdult Education shall provide the regulatory mechanisms for the proper conduct of non-formal and adult education courses in Sierra Leone. 33. (l) The Directorate ofNon-Forrral and Adult Education shall be responsible for overseeing adult literacy classes and continuing education csntres throughout Sierra Leone. (2) A Continuing Educarion Oenrre shall have a management committee which shall assist in the running of the Continuing Education Centre in accordance with laid down rules by the Minisky. . No" 23 The Basic and Senior SecondarY Fducation Act 2023 35 (3) A management commi$ee under subsection (2)' shall be gender balanced and shall consist ofa chairman, appointed by the proprietor t)r manager of the Continuing Education Centre' upprou*a Uy the Ministry, and the following other members- (a) a representative of tlie Directorate of Non- Formal and Adult Education; (b) 2 representatives of the donor agency supporting the Continuing Education Centre; (c) a representative of the community leadershiP; (d) a reprcsentative of the ward committee; (e) an adult educator in the community; (0 2 parents or guardians; and G) a facilitator- % No.23 The BasicandSeniorSecondary,&lucqtion Act ZAZ3 (4) The coordinator ofthe centre shall serve as secretary to the management committee. Functions of Continuing Centre Managemcnt Committee. Tenure and filling of vacancies. Non-Formal Council. 34. A Continuing Education Cenlre management coillmittee shall - (a) oversee the running ofthe cen&e; O) help to raise funds for the general development of the centre; (c) perform such other functions as it may consider necessaD/ for the progress of the centre. 35. (l) A member of a Continuing Education Centre management committee shall serve for a term of 3 years and may be eligible for reappointrneut for a firther term of 3 years only. @ A Continuing Education Centre management cornmittee member who is unable to perform his functions for whatever reason shall be replaced. 36. 0) 'fhe Minister shall, not later than 90 days after the coming into operation ofthisAct, constitute an advisory bodyto be known as the Non- Formal Education Council" 8) TheNon-Fonnal EducationCouncil shall consistof- (a) heads of the fcrllowing institutions and agencies or their representatives - (i) Sierra Leone National Commission of [.Inited Nations Educational Scientific and Cultural Organisation; No.23 The BasicandSeniorSecondarylhucation Act 2023 Tl (ii) United Nations DeveloPment Programmc; (iiD Sierra Leone Teaching Service Commission; (iv) Partners in Adult Education C<nrdinatingOffrce; (v) Sierra Leone Adult Education Association; (vi) Technical, Vocational Education and Training division of the N{inistry responsible for Technical and Higher Education; (vii) Division of Extra-Mural Studies, UniversitY of Sierra Leone; (viiii United Nations Children's Fund: (ii) Sierra Leone Association of Non- Governmental Organisations; (x) National Cou*cil for Technicai. Vocatiorral and other Academi c Awards ; (xi) National Council ofParamount Chiefs; (xii) National Organisationof Local Councils; (b) 2 persons appointed by the Minister, one of whom shall be a woman; and (c) ChiefEducationOffEcer. 38 No.23 The BasicandseniorSecondaryEducation Act 2A23 (3) The Dircctor of Non-F'ormal and Adult Educati{m shall serye a^s secretary and shall have no votirrg right. (4) Thc members of the Non-Formal Education Council shall" a1 their first sitting. elect one oftheir members as Chairman" Functions of Non-Formal Council" 37" {l) The Non-Formal Education Councii shall, in consultatioli with the Directt-rrate of Non-Fr:rmal and Adult F.ducation_ advise the Minister on any matfer pertinent to the rleveloprnent of non-formal and adult education in Sierra Leone. (2) The Non-Fonnal Education Council shall in addition to its responsibility under subsection (l), - (a) advise the f)irectorate of Non-Fonnal ancl Adult Education in the developrnent of an adult education curriculum ttat is responsil,e to the needs of sociery; (b) ensure that the adult education prograrunes and courses provided in Sierra Leone meet the needs and intercsts of the trainees; and (c) perfbrm such other functions as the Minister maydirect. 38. A member of,the Non-Formal Education Council shall sen e foi a temr of 3 years and shall be eligihle for reappoinlnent for a further tenn of 3 years only. 39. (l) A memher ofthe Non-Formal Fducation Council who is unable to perform his functions foi rvhatever reason rnay be replaced. (2) Where a persor) is elected as Chairman or appointed as a member to fill a vacancy, he shali hold office forthe remainder of the term of the previous Llhairman or member, as the case rnay be. Tenure of members. Filling of vacanctes. No.23 'l'he Basic and Senior Secondary Education Act 2023 l9 40. (l)'Ihe members of the Non-Formal Educatr3n colcil ff::l'rTrT shall meet at'least 3 times a year for the dispatch of business and at Education such other tiutes as tbe Chairman may decide' Council' @ The Chainnan shall preside af a meeting ofthe Clormcil and in his ,hr.rr"" the mernbers shall appoint one of their mern'bers to act as Chairman. (3) The quorum for a meeting of the Non-F'orrnal Educatron Council shall be one-third of the members' (4t All mafters put to vote shalt be decided by a simple majority of all menlbers piesent and where the votes are equal' the Chairmanshall have a &xiting vot€' (5) The Non-Formal Education Council shall regulate the procedure of its meetings 4l.MenrbersoftheNon-FormalEducationCouncilmaybeRernuneration given sitting attowarrces as the Minister rnay derrrmine' of membcrs' PARI VI - SCHOOL C'OVERNAIICE 42. (l) A government or government-assisted prlmary 33d 'l'wo-ticr secondary Systern of sctrool including t"***"y "a"*1i11 ;:t":ffi:" uentres, ihutt h""" two.tier governancc; one to provrde overslgff fun"tions and the other !o tranOte the day-to-day running of the institttion- (2) The oversight function shall be performed in coniunction with the local ciuncil, Distnct Education Office' School Managernent Conunittee, Centre Managemetrt Commiuee or Board ofGoiernors, where applicable, andshall include - (.a) monitoring and developing strategies to improve the perfomance of the school or the centre; and (b) resorrce mobilisation for the benefit of the school or centre. N No.23 The BasicandseniorSecondaryEducation Act 2023 Comrnunity 'ltachers Association. (3) A head teacher, in the case of a primary school, or centre cocrdinator, in the case of a community education centre or pnncipal, in the case of a secondary school, shail have the prirnary responsibility for the day-today adrninisration ofhh school or centre, supported hy colleague teacherVfacilitators and other staff, 43. (1) A gor.emment or govemrnent-assisted school shall have a community TeachersAssociation which shall promote greater involvement ofcommunif mernbers in the affairs of the school. (2) A Communiff'feachers Association shall determine itr own leadership snuca'e and methorl ofopemtion, but shail always work in the best interest of the pupils antl the school. schoor 44. (l) A local council shall have a school Management Management committee irr respect of government or governnrcnt-assistecl basicCommittec- education schools and shalr be responsible to assist in the administration of that school in accordance with Regulations marie under this Act and the Local Governme,r A*, 20zz (ActNo. 26 of 2022), including- (a) overseeing the running of the schools; Oi assisting in the drawing up of development plans for the schools; ic) helping to raisc funds f.rr the general developrnent ofthe schools; and (d) performing other functions as may be directed by the local council or the District Education Office. (2) The composition ot a School Management Commil.tee under subsection (l), shall be gender balanced and comprise the tbllowing mernbers- No.23 The Basic aad Senior Seconiary Educatian '4ct 2023 4l (a) 3 proprielor's nominees' one of whom shall be Chairman; O) the head teacheq (c) a representative of the School Quality Assurance, Monitoring and Rcsource Division of the MinistrY; (e) the Chairman of the Commrutity Teachers Association; (0 a traditional ruler or elder of the village or ar€a concemed; (g) an educaror in the community' (3) The head teacher shall sewe as s€cr€tary to the School Managemcnt Comnittee and shall have no voting right' (4) The School Managementcommittee shall meet once every term or at such other times as may be specified by the local council. (5) One-third of the mcmbers shall constitute a quorum for all meetings. (6) The School Managemetrt Comminee may appoint such sub-comnitt€es as it may consider necessary for the purposc of carrying out its responsibilities under this Act' 45, (l) A School Manag€ment Committe€ member shall ssrve Tenure and a term of 3 years and shatl be eligibte to serve a ftrther term of 3 ye't *H".": only. @ A member unable to perform his finrctiom for whatever reasorr may be replactd. (d) a representative trfthe local council; Educatron 46. (1) A District Council shall have an Education Centre tiillil*"rr"n, Management Comminee which shall superintend rhe administrarion Cornmirtec. of the Education Ceutre including - (a) overseeing the mnning of the centre; 42 No.23 The BasicantlseniorSeeondaryEducatton Act Z0Z3 (3) Where a person is appointed as Chairman or a r rember trr fill a vacancy, he shall hold oflice for ttre remainder of the term of the previous Chairman or member and shall be eligitrle for reappointnent. O) assisting in the drawing up of development plans for the centre; (c) helping to raise funds for the general development of dre centre; and (d) perforrning other functions as may be directed by the local council or the District EducationOffice. (?\ An Education Centre Management Committee under subsection (l) shall be gender balarced and comprise rhe following mernbers- (a) the Education Centre coordinator cr manager; O) a representajtive ofthe District Council; (c) a representative ofthe major funding agency of the Educatiorr Centre; (d) a traditional ruler or elder of the 'rillage or area concerned; (e) a representative of the ward con'xnittee. (D an educator in the community; G) 2 parents or guardians; and (h) ateacher. No23 The BasicandSeniorSecondaryEdacation Act 2023 43 (6) One-third of the members shall constitute a quorum. 47. (1) AnEducationCentreManagernentCommitteemember Tenure and shall serve a term of 3 years and shall be eligible to serve a further fillins of tenn of3 years only. (3) The Education Centre Management Committee members shall appoint one oftheir members as Chairman. (4) The coordinator or manager of the Education Centre shall serve as secretary to the committee and shall have no voting right (5) The Education Centre Management Committee shall meet once every term or at such other times as may be specified by the District Council. 8) A memberunablettoperform his functions forwhatever reasonmay be replaced. (3) Where a person is appointal as Chairman or a member to fill a vacancy, he shall hold office for the remainder of the term of the previous Chaimran or member and shall be eligible for reappoinunent. @ Only one Board shall be established per school, irrespectiveof whether the school has both junior and senior secondary divisions and multiple shifts. (3) A Board ofGovernors established under subsection ( I ) shall be a body corporate with perpeunl succession and a cornmon seal. 48. (1) The Minister shall establish a Board of Governors in Board ot' respect of a school, other than a pre-primary, primary or private Governors 4 No23 TTu BasicandSeniorSecondaryEducation Act 2023 Membership of Board of Govcrnors. Functions of the 49. (l) ABoardofGovemorsshallconsistof 13 to 15 mernbers including the Chairman, andthe followingothermembers - (a) 4 persons nominated by the proprietor ofthe school one of whom shall be appointed Chairman bY the Minister; (b) 4 persons nominated by the Minister; (c) The Chief Education Officer or'his representative in the distict; (d) The EducationSecretaryorhis representafive . in the disnict; (e) the District Deputy Director, Sierra Leone Teaching Service Commission; (D a local council representative &om the district or city council); G) a Chiefdom authority, where applicable; (h) a representative ofthe old pupils' association ofthe school, where applicable; (0 the Chairman, of the Community Teachers Association. (2) The composition ofthe Board members must be gender balanced. 50. (l) The Board of Governors shallbe responsible to - (a) oversee the development and implernentation ofthe School Improvement Plan; No. 23 The Bdsic arul Se ior Seconfurv Education Act 2023 45 (b) hclp to raise funds for the general development of the school; (c) seek the welfare ofpupils and staft (d) fix charges, where appropriatc, with the approval of thc Minister; (e) review and approve the school budget prepared by the school administration; (t) recommend io Sierra lrone Teaching Service Commission suitabte candidates for the positions of principal, vice principal and senior teachers; G) mediat€ or aftitrate in marers brought before it by aggrieved pupils, parents or teachers; (h) perform such other functions as may be directed by the Minister. @) The Minister may, where he considers it expodient, authorise xhe establishment of one Board to service a cluster of schools. 52. A member ofthe Board ofGovemors shall serve for a tenn Tenure of of3 years and shall be eligible forreappoinEnent for a frrther tErm of Boord of 3 years only, but may sirve on tha ioard of Govemors of other covernors schools at the expiration ofhis tenure. 53. (l) A member ofthe Board ofGovernors who is unable ritting ot to perform his fimctions for whatever reason may be replaced. vacancics- 51, At least 50 percentofthe members ofthe Board ofGovemors Qualifications shall have completei senior secondary school or its equivalent *d S"ff"* have some management experiencr. 4 No.23 The BasicandseniorSecondaryMucation Act 2023 8) Where a person is appionted as Chairman or appointed as a memberto fill avacanry, heshall holdoffice fortheremainderofthe term of tlre previous Chairman or member, as the case may be. Meetings of 54. (l) The Board of Governors shall meet at least once a term or at such otlrer times as may be directed by the Minister. (2) One+hird of the members, including the Depury Director of Education in the district or his representative, shall corstihrte a quorum for all meetings. (3) The principal ofthe school shall serve uls secretary to the Board and shall have no voting right. 55. TheBoardofGovernorsmayappointsuchsub-committees as it may consider neccssary for the purpose of carrying out its responsibilities under this Act including - (a) StandingCommittee; (b) Finance and DevelopmentCommittee; (c) VisitationCommitee. 56. 0) A primary school in-which more than one teacher is employed shall have a head teacher and a secondary school shall have aprincipal. (2) A head rcacher or principal shall be the administrative and professional head of the school and shall be fully accountable to his employers. (3) A head teacher shall be assisted by a deputy head teacher and senior teachers and a principal shall be assisted by a vice principal and heads ofdepartnents or senior teachers. of Committees School adnrinisu'airyr. No.23 Ttu Basic and Senior Secondary E&tcation Act 2023 47 s1" (l) The appointment of a head teacher, d"flY*i: fffiHSHf' ,*"lh"r, piincipat, vG principal-an$.senjor teachers shau be E o'omotions' conformiry with tfr" Si"ttl f'"o'" Teaching Service Commission Act' ' A\ In the case of a private school' a head teacher or principal iall be appointed by theproprietor or manager from amotrg ;;;d *ho huu" hi" t"q'iJitt piou* academic and professional qualifications for the job' (3) The rotation or upward mobility of a head teacher' principal o, t.u"h.., in g*"*tn1 "*. government-assisted schoots shall be in accordince with the Sierra Leone Teaching Service Commission Act' 58. (1) A person shall not be employed as a permanent-full- ccrtificate time teacher in u ,"flooi'*i*t tft" p""o' t'otas'u PPft:::fl Hl,:ffin certificate and licence issued by the Sierra Leone Teaching servlce Commission. (2) Transfers, promotions' professional development' ,*p"orlon', "nO ait*istuiof teachers tttutt u" in accordance with tfr"'Si"ou f."one Teaching Service Commission Regulations' 59. (1) A government, government-assisted school or Bank communityeducation".'u"'r'urr-r'u*onebankaccountin0owhichaccounts. shall be Paid- (a) school subsidies: (b) grants-in-aid; (c) donations and other gifts &om a person or authoriU; (d) proceeds of income-generating school activity; and (e) other receivables' 48 No23 The BastcandseniorSecondaryFducation Act 2023 (2) A bank account under subsection (l), shall have 3 signatories who shall be, in the case of - (a) a primary school, - O the Chairman, Community Teachers Association; . 0, the head teacher, and (i| the Chairman, School Management Comrdtee- (b) a secondary school, - (i) the Chairman, Board ofGovernors; Gi) the principat; and GD the Chairman, Finance and Development Committee of the Board of Govemors; and (c) a community education c€nfie, _ (f the Chairman, Centre Management Commitbe; (if the coordinaiorormanager, Community Education Cente; GD a nominee of the funding partner. No.23 The Basic and Senior Secondary Education Act 2A23 I Criteria for approval to establish a PARTVII.ESTABLISHING AND OPERATING PRTVATE SCHOOI,S 60. (t) A person shall not establish ot :P"tut".:-.f1T H3t"t'i#:l: school untess tre satisfies the requirements and policy guldelrnes o! situice ;;;i upprouut, established by tue Ministry for operation and delivery education service delivery. guidelines' A) ,{n individuat or a group of persons or an institution may establish, manage and operate a pre-primary' primary or ;;"dr"i school if they meet the criteria laid down in the i"fry CtiA.[nes and relatedpolicies establishedbythe Ministry for operation and education service delivery' (3) A private educational institution shall be incorporated as a legal Lotity *it well-structured administrative' fiduciary and operational bodies. (4) An individual or a group of persons or an institution operating i' school in Sierra l'eo;' regardless of the ownership' shall ensure that the school is safe and have a management and workforce able to ensure the safety ofthechildrenundertheircare' (5) An existing school that haslot applied for approval shall tre ,"qui."a to ao s]o within 6 months after the coming into operation of this Act' 6f. A proprietor and managerofa school forwhich approval ,o "ronfiJit sougt t shall be a fiiand proper person to be in charge ofa school and shall (a)1,1,i'#"1"*-ii";3,1i1ffii:Jrffi f&T; with no criminal or tax evasion records' no record of continuing major mental health problems, no record of bankruptcy or i*ot "n"Y i, ttt" Preceding five (5) years; $ No. 23 The Basic and Sentor Secondary Macatian Act 2A23 O) show proof of access to sufficient fimds to establish and run an institution; and (c) especially, in the case of the manager, show evidence ofwork experience in education; (d) make an affrmation thatthe establishment of the proposed school would be in the public interest and that the site selected for the school is conducive for teaching and learning. (e) show proof that at least 50 percent of the teaching staffhas the requisite qualifications in their subject areas; (0 show evidence of sufficient financial resources to - (i) embark on and complere the school construclion, as well as keep the school operational for a period ofat least 3 ysar5 without financial support from the Ministry, determined by the bank statements of the proprietors which should show an amount greater than the estimated cost of constructing the school; (if indicate that the proposed school buildings will be constructed srrictly in accordance with. the school construction rules and standards of the Ministry; (g) esrablish rhat the school premises will have _ No. 23 Tlp Basic dnd Selior Secondary Mu'ation Act 2073 5l (il adeouate and proper hygienic facilities' inclusive of separate toilets for female teachers and gfuls; (ii) reading room facility or access to a variety of reading materials, vid€o and audio material to augnent learning; and (O adequate r€creational space for the children. 0- (l) 'fhe Ministy, in comultation with the-local council' Rffidinc may rescind-or suspend an approval if it is proved tiat the- school t**t61n,-#aifo"a i" *uv. for which approval was initially granted' approval' (2) If a school' to which approval has bee'gdd'.dT not operaie'fully wirhin 2 years afler approval' the approvcl will lapse. 63. 0) A person shall not coDstruct a school withoul unauthoriscd "r,frJri*rii" ". "p"raie a school which has not been registet"a *i'tt ":fl"tlt!" the Ministry or with r}e local cormcil ofthe area' (2) A person who contrav€nes subsection (l) commits an offence ancl is liable on summary conviction to a fme rot less than Le J,OOO *a a a frmher fine not less than k 500 for every day during which the school is operated' 6{. (l) Where ther€ is a change of ownership.:.f I :I-*" "t sovernment- assistea o, priunte sr;trot'i' tJproprietor shalt' wilhin 3 o$'nership' ironths. inf,rrm the MinisEy in writing of the change' (2) Where the new ProPriebr is not a fitand proper person or institiion to manage a sihool and does not satisry the Iouir"r.rs o*r ir.a in Jtion 6 I for managing a school' the earlier uf.,irouuf fot op"*tiog that school sh' l I be witlrdraun and the nunager J'propri"to, ,t utt "eise to operate the school immediately' 9 No23 Thc BasicandSeniorSecondaryEdr*ation Act 2$23 (3) A manager or proprietor who contravenes subsection (Z), commits an offence. and is liable on conviction to a fine of Le 10,000 or to imprisonment for a term not less than 6 months or to both such fine and imprisonment. Closure of private Petitions and appeals. 65. (l) The Minster shall, on the advice of the locat council, in the case of a basic education institution, order the closure of a private school if- (a) the school is not managed in the best interests of the pupils attending the school; and O) the continuing existence of the school is not in the public interesr. (2) Where a school is closed permanently, arrangements shall be made for the pupils to be admitted into other schools with available space. 6. (l) A parent or guardian, who suspec8 discrimination that may affect the wellbeing oftheir child or rvard, may appeal to ttre local council in the case of a basic education school or to the Minister in the case ofa senior secondary school for rcdress. (2) Where an appeal is made rurder subsection (l). the education committee of the local council or the chief Education Officer shall direct the manager or the proprietor, in uriting, to make amends within 30 days and ifthe manager orproprietor fails to make ttre amends within the stipulated period, the tocal council or the Chief Education Officer may, as the case may be, order the closure of the school. (3) A manager or proprietor aggrieved by a decision of the local council or the chief Education officer under subsection (2) may appeal to the Minister and the Ministefs decision on the manei shallbe final. 67. (i) A proprietor or mamger shall be deemed to have crircria for tutfilled the SchoolApproval Criteria specificd under section.f t t !1"f1}.ff"* order to qualiff to reciive govemment financial assistance' in th€ fi-nancial case of a govemment-assistld school, if - assistancc' (a) he is able to meet a minimum of20 percent of ff ,HHTfi ff ;I :J*: :;HL:IfJ#: :: assets; (b) there is existence of a properly constiturcd and functioning oversight bodY; (c) there is availability ofan Intemet Technologl room or access to Internet Technology resources and equipment that would iugment teaching and learning; (d) there are adequate number of teachers for the subjecs offered wittr a targeted optimum pupil-to-qualified-teacher ratio of 20 for prept*u.y, 40 forprimary and junior secondary and 35 for senior secondary school; No.23 Tlw Basic and 5rnis7 fucondaty Education Act 2A23 53 (e) there is evidence of a functional administration including a School Managcment Committee, or Board of Governors and Community'l'eachers Association that can properly manage the school and funds provided by the Ministry' PARI VIII - DECENTRALISATION OF BASIC EDUCATION 68. The Minister shall instihrte m€asures for the effective Basic decentralisation of tlte **"*"-"* of basic education to the local ;ii*ti" councils, in accordance with the provisions ofthe Local Ciovemment councils' Act"2022. g No 23 The Basic and Senior Secondary Macation Act Z[Zs Local Council Comhittec. Duties of local councils. 69. (l) A local council shall establish an education committee. (2) A local council education comnfttee established under subsection (l) shall have no fewer than l0 and not mr)re than 15 members and at least halfofthe commiuee mernbers shall be members ofthe local council. (3) The Deputy Director of Education, Ministr,v of Basic and Senior Secondary Education and ttre District Deputlr Director, Sierra kone Teaching Service commission shall be members of the local council education committee. (, A local council, acting with or through its eclucation committee, shall be responsible for advising the Minister generally on any educational matterreferred to it. (4) A person who is not a member of a local council may be appoinrcd a member ofthe local council education committ€e ifh; possesses knowledge and experience in education and is acquainted with the educational conditions prevailing in the area for which the commirEe is established. (O A local council shall consider a report from its education committee before exercisrng any of its functions with respect to education in its area. 70. (l) A local council, acting with or through its education committee, shall- (a) establish, organise, develop and coutrol education at pre-primary, primary, and junior secondary schools, orcommunity education centres within its area of authority; O) allocate subventions to prearimary, primary and junior secondary schools from funds placed at its disposal or from its own resources: No.23 Thz fr."f,ic and Senior fucoadary Uucation Act 20?3 55 (c) manage school feeding progrtrtrm€s in its arca of autlority; (d) manage the use of the schools fianspofl system for the benefit ofthe children; (e) ensue that teaching and learning materials distributed to the local council arejudiciously utilised by the inteoded beneficiariesi (D with cooperation from the Minis.ry and Siera Leone Teaching Service ComtnissiorL en:ure that efkctive teaching and leaming takes place in its area of authoritY; G) register and approve education providers working in its area; (t) advise the Minister generally uPon any educztional matter referred to it. PART D(.'f t{E SCH@L EI.IVTRONMENT 7f. (t) A leamirrgenvironment shallbe conducive; physically child-friendlv and psychoiogically safi free from all forms of violence and abuse '"h*l' and facilitates leaming. (2) A government, govemment-assisted or private school shall - (a) be child-friendly, inclusive and actively promoe gender-semitivity' tolerance, dignity and Personal emPowcrment; (b) provide basic disabled-friendly and genderfiiendly heahh and sanitation faciliti€s; (c) provide spacious and well-ventilar€d class noomsl fi No23 The BasicandSeniorSecondaryMucatirtn A*t Z{t23 (3) A member of the staffof a school or person engaged to teach or support teaching at a school, shall not bully; hariss, verbally abuse, physically abuse, sexuall3r abuse or exploit children in his care. (d) actively discourage discrirrination in all forms and ernploy measures to eradicate it. (4) Cyber bullying by a ueacher or school authoriry againsr a pupil is prohibited. (, Fupils and teachers shall dress appropriately, according to tlre regulations of &e school. Corporal punishment !2. (I) Corporal punishment and ail ot}er forms ofdegrading punistunent desigSred to cause, or cl€ate fear of physical pain in a pupil, administered or tlreatened for the purposes of domination or control are prohibited. (2) A member of staffof a schorrl, or a person engaged to teach or support teaching at a school, shall not adryrinister corporal punishment to a pupil o{'that school. (3) A person, including a rclative of,a pupil, shall not - (a) administer corporal punishment to a pupil on school grounds; or (b) threaten a pupil with corporal punishment on the school grounds. (4) Alrernative forms of discipline including positive methods rnay be employed for child development. Pupil-on- 73. (!) Bu[ying, harassment, verbal abuse, physical abuse, ?l$1""., .,.. **d ubuse and exploitation ofa pupil by another puiitl profribited. prohibitcd t No. 23 The Basic atd Senior Secondary Mucation Act 2023 5l (2) Cyber bullying against peers or other pupils is prohibited. 74. (l) Indisciplino-in schools constitutes a violation of the Indisciplinc rules and -regulations of the school. bv ptpil or (2) Saff indiscipline shall be addressed in accordance with Sierra Leone Ti:aching Sewice CommissionAct and tlre Code of Conduct for Teachers and other kiucational Personnel in Sierra kone. (3) A school shall provide, as part of its School Improvement Plan, details on how it intends to address cases of pupil or staffindiscipline during the school l'ear. (4) Cases ofpupil or staffindiscipline shall be thoroughly and fairly investigated before action is taken. 75. (l) The head ofthe school may, after a fair hearing bY o Suspensions competent body, suspend a pupil or teacher from attending the school for a period not less than a week. (2) I-earning materials shatl be made available to the pupil who is suspended from school under subsection (l). (3) The head teacher shall report the suspension of a pupil or teacher; in writing, to the Chairman of 6re School Managernent Committee, or in the case of a secondary school, the principal shall report the matter, in writing, to the Standing Committee ofthe Board ofGovemors. (4) A suspended pupil or a suspended staffmember shall be informed in writing ofthe reasons tbr his su-spension. (5) A pupil shall not be expelled from a school unless- on the finding of the School Management Committee or the Board of Governors' Sanding Committee, as the case may be. the pupil is culpable of serious breaches of discipline' and expulsions. N 58 . No.23 The BasicandseniorSecondary&lucatian Act 2OZl (O An expelled pupil shall be infcnned in writing of the reasons for his expulsion and copies ofthe letter ofexpulsion shall be sent to the local council education committee and to the Deputy Director of the Ministry in the district. A Where a pupil is expelled fiorn a school, an appropriate alternative school shall be identified for the pupil to continue his (8) A teacher accused ofgrave indiscipline or professional misconduct shall have his case referred to the Sierra Leone Teaching Service Commission for necessary action. Right of appeal. Aberrant children. 76. (l) A suspended or expelled pupil has the right ofappeal to the local council or the Chief Education Oftic€r, as the case may be, within a week of receiving the letter of suspension or expulsion. (2) The local council or Chief Education Oflicer may auttrorise a competent body to re-investigate the matter and report accordingly and communicate their findings to tre relevant authqrit): (3) A suspended or expelled pupil, his pareilts antJ the school authorities shall be informed ofthe final decision ofthe local council orthe Chief Education Officer, as the case may be. 77. Childsen with behavioural problems as determined by the school authorities may be handed over to the appropriafe agency for care anil guidance. 78. (l) The Ministry responsible for heslth and sanitation in conc€rt with other qualifieC health provider.s may authorise regular school medical inspections !o promote the wellbeing ofthe children. Q) The Minister shall make rules aliowing children who are suffering from an infection or contagious disease which is likely, in the opinion ofa Medical Officer, to be detrimental to the healttr of other pupils, to be excluded from the school firr a specified period. Sick children. No.23 The Basie ond Senior Secondary Education Act 2023 I (3) First aid kits and a person tained in first aid shall be available ior a sctroot or a cluster of schools- (4) A chill who is sick or injured at school shall' with the consent of his parents or guardian' be provided with medical services' 19. The Ministry shall, in collahoration with the Ministry schoot responsible for housing and infrastructure, the local counci;' infrastructurc' prcrprietors and partners, ensure that govemment and govermnentassisted schools trave ihe required infrastructure for effective teaching. learning and recreation' PART X- QUALITY CONTROL 80. (l) The Ministr] shall ensure that there is regular Qualit-v collaboration among its various directorates and partners including assurancs local authorities for effective monitoring of service delivery in order to guarantee quaiity assurance and that the Ministry's op*iou.. !'ria"tin",, sranaaras and goals are fonward-looking' realistic and achievable' (2) The Ministry shall take strirgent measures to curb examination maipractices anrt other forms of malfeasance that are likely to erode confidence in the school system' 81. (l) School Quality Assurance' Monitoring and Resource Monrtoring ofliccrs ancl shall - x-----/ :lf.*;r'on (a) make periodic visits to schools' observe and take note of what is happening and offer professional advice; (b) ensure that the teaching and learning resources provided are being properly rrsed; (c) in collaboration with ttre school heads' insist that teachers develop their scheme of work and lesson Plans and obtain the proper teaching aids; & No.23 The BasicandSeniorSecondaryMucation Act Z0Z3 (d) submit inspection data and information to Sierra Leone Teaching Service Commission for regular" in-service training prograrnmes for teachers; (e) work with local authoritres and orher monitoring bodies established bv the Minister: (D receive reports on the quality and quantity of the teaching and learnrng rnaterials in the sr:hools and make recomntendations to the Chief Education Officer. as appropriate. Q) Local councils, School Managers and proprietors shall regularly visit their schools to make sure that effective ieachirrg arrd leaming takes place and institute corrective rneasues as appropriate. 82. (l) Regular, stress-free evaluations shall be conducted in order to provide information on whether individual pupils antJ the system are making progress towards achieving learning goals. A) School authorities shall ensure that evaluations are pupil-friendly and do not impose unnecessary anxiery,on the leamers. (3) the Minisrry shall develop a fernplate for rhe intemal assessment of pupils at various stages in all governnent and government-assisted schools nationwide. Assessmcnts. (4) Continuours assessment of primary level pupils shall be carried out in primary schools along the iines given to schools by the Ministry in a continuous assessment handbook, and continuous assessment scores shall be employed in the manner stipulated in that handbook. (5) Teachers shall be exposed to innovative ways of assessment, includingthe testing ofthe critical and creative thinking skills ofpupils, No.23 The BasicandSeniorSecondaryEducation Act 2023 6l (6) Pupils, particulariy those at the senior secondary level, may be given an opportunity to periodically eyaluate their teachers through standardised procedures. (7) Sierra Leone Teaching Service Commission shall conduct regular appraisal ofteachers and school authorities' (8) The Minister may. in consultation rvith the local councils. determine and publish minimum national standards for basic ahd senior secotrdarl'schools, and reserve the riglrt to order a school that does not adhere to such standards to cease operatiotts. 83" (l) The Minisrrl, shall provide a national cuniculum aI!JrX,'#ffir, rrse in all government and government-assisted schoOls throughout and rerieu, Sierra Leone. 12) Private schools may also use the national curriculum (3) The Minisury shall - (a) ensure that the national curriculum is available in g<lvcmtnent and govemmentassisted sc:hools together with the requisite teaching and leaming materials, including textbooks and readers; (b) authorise the periodic review of the national curriculum: (c) in collaboration with Sierra Leone Teaching Service Commission anC teacher education entities. organise training workshops for teachers and other education providers on the proper use ofthe syllabuses and related teaching resources; 62 No. 23 The Basic and Senior Secondary Education Act ZOZ3 (d) on the advice of relevant partners and stakeholders, introduce new subjccts into the education system. PART XI - MODE OF INSTRUCTION IN SCHOOI-S 84. (l) English is the mode of instruction in all government and government-assisted schools. g In the early years ofschooling (3-8 years;, the use of a local or community language as medium ol' instruction shall be allowed. (3) The Ministry is committed to the teaching of glcbal languages which will be encouraged. (4) Innovarion and technolory lpplication in teaching and learning . including hands-on learning and pro.iecr-based instruction shall be encouraged aud actively purcued. PAI{I XI I. SCHOOL LIBRARIES 85" (l) A school shall endeavour to establish and maintain a well- equipped library fbr the use oithe pupils and teachers. (2) Where a separatc room for a library is not available, library books can be made available in classroorns and other appropriate locatitrns iri the school. (3) Where possible, school libraries may be opened beyond normal schooi hours. ( ) The Sierra Leone Library Roard shall, through its regional and district officers, and with the cooperatiolr of loca! councils and other partners, assist in soqrcing relevant reading materials arrd other educational resources for pupils and teachers. Enghsh is Medium of instruction. Sr>hool librarics arrd Senior Secondary Education Act 2023 63 No.23 T'he Basic (5) F.ffiorts shall be made to create digital libraries and provide ini"*"t and computer facilities in schools' PART XI II . I.RAUD AND CORRUPTION 86. (l) The Ministry shall not entertain fraud or corrupt ::?lr1l^ practice in any educational institution' (2) Fraud and other oomrpt practices in an educational institution are Prohibited' (3) The Ministry strall' in collaboration with Anti- Corruption Coorni,,ion, West efrican Examinations Council' the p"fi." *a civil society organisations'!t".Y"* or prosecute corrupt irooi""t in edticational institutions including -' (a) misapproprialion of school funds; O) flouting procurement rules and guidelines with intent to defraudl (c) nepotisminhiring'bribery andweakfinancial controls; (d) moncy, goods and serviccs for gpdes; (e) examinationrnalPractices; (D inflating schooi enrolment figures and candidale numbem' 8?.(l)Aschoolshallkeepanaccurateandup-to-dateregisterMaintaininq otpupils eruolled in the school inclr-rcling u "*'d of th" oo*" ofth" :fi::l" puprl, the enrolment J'o' pttto' who has primary care of the pupil una m. arJdress of the PuPil' r A No.23 The BasicandseniorSecondarvEducation Act 2023 @ A register under subsection (l), shall be supplied to the Ministry at the beginning of the school year, or when entry into t]rc lintyear ofa level, (primary, Junior Secondary School*U {"nioi Secondary School) is completed. (3) A school shall inform the Minister of a pupil whose name is on the register br:t does not attend school fcr i,ore than 4 weeks within a 3 montl period and ofany new entrants to the school. (4) A proprietor, School Manager, head teacher, principal or staff member of a school, knowing that a pupii is not eru.olteO, shall not add the nane of such p.oorito the register. (5) Aproprietor, School Manager, head teacher, principal or staff who contravenes subsection (4) commits a, offerc" anj is Iiable on conviction, to a fine ofnot lessthan I"," 1"000 for each name so falsely recorded as enrolled. (6) A proprietor, School Manager, head teacher or principal who causes a staffmember to add ti" ,u*" of a pupil not enrolled in the school to the register in violation ofsubsecrron (4) commits an oflence anri is liable on conviction, to a rrne of not iess than Le 3,000 for eaclr name so falsely recorded as enrolled. (7) A parcnt or guardian is obliged to irnmediately intbne school heads rhat he wishes to transfer oiwithdrarv his chird ttcxu the school and obtain a transfer certificate from the schoor thal his child was attending. (8) nre head of a school shall, on receiving a transfer case, insistthat the pupil presents a transfer certificate b"erbre adrnitting the transferredchild. (9) A proprietor, school manager, head teacher or principal of a school who does not inform the Minister that a pupil is no longer enrolled in the school within 45 days of that pupil-ceasing to-fe enrolled, shall be fined not less than Le 5,000. i' . No.23 The BasicandSeniorSecondaryEducation Act 2023 65 pARrxrv-EQUALITY OF OPPOKIUNITY IN TIIL]WORK PLACE 88. (l) The Ministry isfullycommittedto genderequif and Genrler gender mainstreaming shall be integrated into the policies, equit'v progralnmes and activities of the Ministry in schools and other education centres. (2) Affirmative action may be taken to accelerate, through appropriate training programmes, the upv;ard mobility ofwomen for senior rnanagement levels in the lv1inistry. 89. Staff in the Ministry with special needs or physical Staff with disabiliry constraints shall be supported and assured oftheir safely. sPecia! need5' 90. tsullying, hai'assment. verbal, emotional or physicai abuse' sexual abuse or e>ploitation in the Ministry is prohibited- PART XV. EIUERGENCIESAND INFEC]TIOUS DISEASE OUTBREAKS 91" (l) The Minister shali, on the advtce of relevant bodies, authorise the temporary closure of schools nationrvide or in areas adversely affected Lry political disturbances" infectious diseases, or srmilar disasters. (2) In the case of epidemics and pandemics, mass vaccinatitnof pupils and otlter pre'rentive measures may be instiruted by the government in schools. (3) On the advice ofa Medical Officer, certain sick chilCren may be isolated. (4) The Ministry shall ensure that pupils continue to access education during inGctious disease outbreals and other emergencies through distance and remedial leaming via the radio, television anrl other acc.essible modcm technologies. Zero tolerance to harassrnent. etc. Measures lo be taken. I { 6 No.23 The BasicandSeniorSeconda4'Education Act 2A23 Responsibility of parenl or guardian. Emergency Task Force" 92. A parent or guardian shall ensure that his child or ward makes reasonable use ofthe teactr-ing and leaming facilities provided by the Ministry during infectious disease outbreaks antl other enlergencies. 93. (l) The Ministry, together with other ministries, departments, agencies and parlners, shall enhance its emergency prevention, preparedness, and response strafegies b:, creating a pennanent structure to be known as Emergency Education Task Force, with focal persons in each district. t @ A Task Force under subsection (l) shall be charged with the following activities - (a) emergency prevention and response; (b) coordination and monitcring; (c) school safety, and (d) environmental safeqv PART XV I - E DUCATION MANAGEMEN T IN I.'OKIVIA I ION SYSTEI*I D1l" 94. (l) The regular coltection of accurare dara and analysis illtffi,, across all levels in the erlucation sector increases the Ministry's ability to make infonned decisions and apprrrpriate response actions on long term planning,budgeting and to respond appropriately to crisis situations. (2) The Education Management Information Sysrem of the Ministry shall track key performance indicators including teacher e and pupil attendance, the status of facilities in the schonls, the functionaliry of the school clubs, parent-teacher committees, school feeding, enrolment, etc. > No" 23 The Basic and Se.nior Secondary Education Act 2023 67 (3) 'the Ministry's data hub shall serve as a tool to support decision-making tltrough an eviderce-based and datadriven il;;;t for research, iJotm"J policy' planning and evaluation of interventions across schools. (4) A private, non-govelrlmental or charitable edrrcatiornl institution shall be mandated 1o submit reliable and regular data' includingthe,\nnua!SchoolCensus,onalltheiredrtcationalfacilities and resolces to the Ministry when requested to do so and tbilure to ao ,o tnoy lead to withdrawal of licence to operate t'he school' 95. (l) A pupit shall have a National Identification Number il:l:'lX'",",, provrded by the National Civil Registration Authority and a Untque Numbers' Learner Identification issued by the Minisbry which shall be used to track pupils and provide other reliable information on them' (2) A pupil's data may be shared only in accordance with other laws guiding on personal data and information sharing' PART XVII.EDIJCATION YOUTH ADVISORY GROUP 96.(1)TheMtnistershallestablishanEducationYoutlrFormation Advisory Group composed of pupils and other young people to ilr.o,ion advise him on matters pertinent to their welfare and interests' niii"r, A) The composition and other functions ofthe Education Group Youth Advisory Group may be determined by the Minister' (3) The Education Youth Advisory Group shall have representaiion from every district, be genderbalanced' and include children with sPecial needs. ( , G No.23 The BasicandSeniorSecondaryEducation Act 2023 Partnerships PAKI XVIII - PARTT\ERSHIPS 97. (l) Partnerships are essential for achievingthe goals and objectives of the lvlinistry and the Ministry shall continue to strengthen its relations with parents and caregivers, proprietors of schools, civil society organisations, the private sector', Ministries, Departments aud Agencies, nat!onal and international nongovemmental organisations, external donors. semi-autonomous bodies of tlre Ministry, protective service delivcry agencies and old pupils' associations. 8) The coordination desk at the Ministry', t'hose mandate is tc (brge healthy relationships with and ov€rsce the work of educirtion partners, shall be fully capacirated to eflectively cany out its fuqctions. PART X]x . MISCELI.,AN EO{JS \ry General Penaiiy. Regulatlons Repeal and Savrngs" 98. A person who comrnits an ollence under this Act for which a penalty has not been prescribcd is liable on sunrmary conviction to a f,rnc not less than Le I 0,000.00 or to imprisonment for a term not less than I year or to both suctr ltne and imprisonment. 99. The Minlster may by statutory instrument make rcgulations as he may consider necessary or expedient for giving eftbct to this Act.