Education Act, 2011
Act 23 of 2011
- Published on 18 April 2011
- Assented to on 15 April 2011
- Commenced on 18 April 2011
- [This is the version of this document from 18 April 2011.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Education Act, 2011.
2. InterpretationIn this Act, unless the context otherwise requires—"adult literacy education" means education provided to adult learners to enable them acquire reading, writing, numeracy and other skills for sustainable livelihood;"aided educational institution" means an educational institution, other than a public educational institution established or maintained by any person, organisation, institution or community with assistance from the Ministry responsible for education;"AIDS" means the Acquired Immune Deficiency Syndrome;"attainment target" in relation to a basic or high school stage, means the knowledge, skills and understanding which learners, who are not in the formal education system of different abilities and maturities are expected to have by the end of that stage;"basic education" means education from early childhood to grade nine;"basic school" means a school providing basic education;"board of management" means a board in which the management of an aided, a private or community educational institution is vested;"Bursaries Committee" means the Bursaries Committee continued under section one hundred and twenty;"child" means a person who has not attained the age of sixteen years;"child of school going age" means a child of an age within such limit as may be prescribed for purposes of compulsory school attendance;"code of conduct" means a code regulating the conduct of learners, developed pursuant to section twenty-six;"Code of Practice" means a code setting the standards of professional conduct and practice for teachers;"college of education" means an educational institution for the training of teachers, other than a university established or registered under the University Act, 1999;[Act No. 11 of 1999]"college of open and distance education" means an educational institution providing self-instructional materials for open and distance learners;"community" means a geographically defined group of persons or sector of the public with a specific, ascertainable and common interest;"community educational institution" means an educational institution established by any person, organisation, institution or community to meet community needs and supported by the Ministry responsible for education;"continuing education" means education pursued by a person through an open learning class, self-study or any other distance education programme, who for any reason had no opportunity to continue with, or complete, formal education;"course of study" means the structure for academic qualifications such as a degree, diploma or certificate and the subjects of study in the course;"curriculum" means a specification of the desired knowledge, competencies, skills, values and attitudes which a learner is expected to acquire and how they are to be taught and learnt;"Deputy Registrar" means the person designated as such under section fifty-two;"distance education" means the provision of education in a form where a learner and a teacher are apart all or most of the time except for the time when the learner and teacher come together in residential school;"district director of education" means a person appointed as such under section ten;"early childhood care, development and education" means the care, development and education of a child from birth to the prescribed school entry age;"education" means the full development of an individual’s judgment, personality, talents, mental and physical ability;"education board" means an education board established in accordance with section forty-four;"educational institution" means a school, college of education, distance education college, open learning class, centre of open learning or school for continuing education;"education standards officer" means a person appointed as an education standards officer under section one hundred and ten;"encroachment " means unlawful entry or possession of land which is acquired or reserved for education purposes, without right or permission;"equity" means affording a fair chance in education to a child, in particular, a girl child, a child with special needs or any other vulnerable child or group of children;"Examinations Council of Zambia" means the Examinations Council of Zambia established under the Examinations Council of Zambia Act;[Cap. 137]"gender-based violence" has the meaning assigned to it in the Anti-Gender-Based Violence Act, 2011;[Act No. 1 of 2011]"grade" means a part of an educational programme which a learner may complete in one school year;"head of institution" includes a head teacher and a principal;"head teacher" means the person appointed as head of a basic school, high school or school for continuing education;"high school" means a school providing high school education;"high school education" means education covering a three year period from grades ten to twelve;"hostel" means a building used for the residential accommodation of learners attending school or a college of education;"HIV" means the Human Immuno-Deficiency Virus;"learner" means a person who is enrolled and receiving education or a course of study at an educational institution;"learner with special education needs" means a learner who—(a)has physical, hearing, speech, visual or mental impairment;(b)is significantly different from other learners mentally;(c)has social, emotional or behavioural disorders as certified by a medical practitioner or prescribed officer; or(d)is gifted and talented;"local authority" means a city council, municipal council or district council established under the Local Government Act;[Cap. 281]"local language" means any Zambian local language;"national examination" means the assessment of a learner’s ability or competence in any subject or course of study at the national level;"open education" means education that is flexible in terms of time and place for both the learner and teacher;"parent" in relation to a child, includes a guardian or a person who has the actual custody of the child;"Permanent Secretary" means the Permanent Secretary in the Ministry responsible for education;"pre-school" means a school offering early childhood care, development and education;"primary education" means education from grades one to seven;"primary school" means a school at which primary education is provided;"principal " means the person appointed as a head of a college of education or any other college who, in the case of a college of education board is the college education board secretary;"private educational institution" means an educational institution which is not a public or an aided educational institution;"proprietor" means the owner of an educational institution or the person or body of persons in whom the ownership, custody or control of the educational institution is vested;"public educational institution" means an educational institution administered or controlled by the Ministry or established and maintained using public funds;"public funds" means money for the Government, or a public, community or aided educational institution, or any money donated to the Government or an aided, public or community educational institution;"region" means an area into which the Republic is divided by virtue of this Act for the purpose of the administration of education;"regional director of education" means a person appointed as regional director of education under section eight;"Registrar of Deeds" means the person appointed as such under the Lands and Deeds Registry Act;[Cap. 185]"Registrar" means the person designated as such under section fifty-two;"register" means in relation to—(a)Part VI, the register of private educational institutions;(b)Part VII, the register of community educational institutions; and(c)Part VIII, the register of aided educational institutions;"repealed Act" means the Education Act, 1966;[Cap. 134]"responsible authority " means a head teacher, principal, manager, proprietor, board of management or an education board;"school" includes an institution or class of not less than ten learners at which regular instruction is provided or from which any regular instruction emanates, whether by distance learning or otherwise;"school education" means early childhood, basic school and high school education comprising a range of full time instruction and activities;"school for continuing education" means a school offering open and distance learning to learners;"school year" means the period of twelve months;"secondary education" means education provided from grades eight to twelve;"secondary school" means a school offering secondary education;"skills training" includes vocational training, entrepreneurship and any practical subject for learners;"special education institution" means an educational institution providing a course of instruction for learners with special education needs;"study area" means a combination of subjects which addresses a common theme;"syllabus" means a specification of what is to be taught and learnt and the order in which it is to be taught and learnt;"teachers’ association" means a professional organisation of teachers registered as such and whose principal objective is the regulation of the collective professional relations of its members;"teachers’ union" means a union of teachers registered under the Industrial and Labour Relations Act;[Cap. 269]"tertiary education" means education provided after secondary or high school;"tertiary institution" means an institution providing tertiary education; and"user fees" includes any board or accommodation fees.
3. ApplicationThis Act does not apply to—
Part II – Institutional framework
4. Functions of Minister
5. Development of national policy on education
6. Establishment of regional education offices
7. Establishment of district education offices
8. Regional director of educationThe Teaching Service Commission shall appoint a regional director of education for each region established under section six.
9. Functions of regional director of educationA regional director of education shall—
10. District director of educationThe Teaching Service Commission shall appoint a district director of education for each district.
11. Functions of district director of educationA district director of education shall—
Part III – Structure and classification of educational institutions
12. Stages of education system
13. Classification of educational institutions
Part IV – Learners
14. Right to education
15. Free universal educationA child has the right to free basic education.
16. Determination of school-going ageThe Minister may, by statutory instrument, determine the school-going age of a child.
17. Compulsory school attendance
18. Prohibition of certain marriages
19. Prohibition of discrimination by educational institutionAn educational institution shall not discriminate against a learner in any manner.
20. Admission policy of public, aided or community educational institution
21. Application for enrollment at public, aided or community educational institution
22. Provision of education for poor and vulnerable children
23. Education for learners with special education needs
24. Monitoring and evaluation of special education institutionsThe Minister shall ensure that the education of learners with special education needs in both inclusive and special education institutions is monitored and evaluated through—
25. Re-admission of learner to educational institution
26. Code of conduct for the learners
27. Disciplinary measures and procedures for public, aided and community educational institutionA learner at a public, aided or community educational institution shall be subject to such disciplinary measures and procedures as the Minister may, by statutory instrument, prescribe.
28. Prohibition of corporal punishment or degrading or inhuman treatment
29. Learners’ representative council
30. Learner guidance and counselling servicesCounselling and career guidance shall be an essential component of learner welfare at all levels of the education system and shall be part of the overall management and administration of educational institutions.
31. Gender balance and equity in educational institutions and educational system
32. Provision for protection against gender-based violence
33. Personal health and nutrition of learnersThe Minister shall, in collaboration with the Minister responsible for health and any other national or international agency, promote the personal health and nutritional well being of learners at educational institutions.
34. Regulatory provisions on learners
Part V – Public educational institutions
35. Establishment and maintenance of public educational institutions
36. Right of public educational institution on State property
37. Public educational institution on private property
38. Public-private partnerships
39 Accessibility of public educational institutionThe Minister shall take measures to ensure that any physical facility at any public educational institution is accessible to learners with special education needs.
40. Division of public educational institution into two or more institutions
41. Merger of public educational institutions
42. Closure of public educational institution
43. Change of site of public educational institutionThe Minister may order a public educational institution to change the site for its institution where the change is in the public interest or to facilitate the efficient and effective provision of education at the public educational institution.
44. Establishment of education boards
45. Functions of education boardThe functions of an education board are to—
46. Parents-teachers' committeesThere shall be established, as a governance structure in a public educational institution, a parents-teachers committee.
Part VI – Private educational institutions
47. Prohibition of operation of unregistered private educational institution
48. Establishment and maintenance of private educational institution
49. Board of management
50. Operational plan of private educational institution
51. Change in establishment or operational plan
52. Registrar of private educational institutions
53. Application for registration of private educational institution
54. Criteria for registration
55. Provisional certificate of registration
56. Certificate of registrationThe Registrar shall, where the Registrar approves an application under section fifty-three, issue the applicant with a certificate of registration in the prescribed form.
57. Display of certificate of registrationThe head of a private educational institution shall display—
58. Premises for operation of private educational institution
59. Keeping of recordsThe head of a private educational institution shall keep and maintain such records and provide such information as the Minister may prescribe for purposes of this Act.
60. Annual feeA private educational institution shall in each year, not later than the date prescribed by the Minister, pay to the Registrar such annual fee as may be prescribed.
61. Renewal of registrationA proprietor of a private educational institution may apply to the Registrar for the renewal of the registration in the prescribed manner and form.
62. De-registration of private educational institution
63. Closure of private educational institution
64. Surrender of certificate of registration
65. Publication of list of registered private educational institutionsThe Registrar shall, within the first quarter of every calendar year, publish in the Gazette and a daily newspaper of general circulation in Zambia, a list of all the registered private educational institutions.
66. Register of private educational institutions
67. Grant of aided status to private educational institution
68. Service of noticeFor purposes of this Part, a notice, order or other document required to be given or served on a proprietor of a private educational institution may be served on the proprietor by delivering it to the registered address of the private educational institution.
Part VII – Community Educational Institutions
70. DefinitionIn this Part—"Registrar" means the Registrar of Community Educational Institutions; and"school committee" means a parents-teachers’ school committee.
71. Prohibition of operation of unregistrered communitty educational institution
72. Establishment and maintenance of community educational institution
73. Establishment of parents-teachers’ school committee
74. Registrar of community educational institutions
75. Application for registration of community educational institution
76. Criteria for application
77. Certificate of registrationThe Registrar shall, where the Registrar approves an application under section seventy-five, issue the applicant with a certificate of registration in the prescribed form.
78. Publication of list of registered community educational institutionThe Registrar shall, within the first quarter of every calendar year, publish in the Gazette and a daily newspaper of general circulation in Zambia, a list of all the registered community educational institutions.
79. Register of community educational institutions
Part VIII – Aided educational institutions
80. Prohibition of operation of aided institution without certificate of aided status
81. Application for aided status
82. Grant of aided status to educational institution
83. Board of management
84. Functions of board of managementThe functions of a board of management are to—
85. Constitution of aided educational institution
86. Change of site of aided educational institution
87. Display of certificate of aided statusAn aided educational institution shall display its certificate of aided status in a conspicuous place at its registered premises.
88. Suspension of operations of aided educational institution
89. Reduction or termination of aid
90. Closure of aided educational institution
91. Re-opening of closed aided educational institution
92. Publication of list of aided educational institutionsThe Minister shall, on such date as the Minister may determine, publish in the Gazette a list of aided educational institutions.
93. Register of aided educational institutionsThe Minister shall keep or cause to be kept a register of aided educational institutions which shall contain such particulars as the Minister may prescribe.
94. AppealA person aggrieved with the decision of the Minister under this Part may appeal to the High Court within thirty days of the decision.
Part IX – Curriculum, assessment and certification
95. National school curriculum
96. Core and other foundation subjects for each stage
97. Localised curriculumA public, community, aided or private educational institution may introduce a maximum of two non-examinable or skill focused subjects that reflect the local environment where the educational institution is situated.
98. Language of instruction for educational institution
99. Medium of instruction for deaf learnersAn educational institution shall use sign language as a medium of instruction to any learner who uses sign language as the learner’s first language or who has special need for sign language.
100. School and college calendar at educational institutions
101. Curriculum for educational institution
102. Development and publication of textbooks and other educational materialsAn educational institution shall only use books or other educational material approved by the Minister.
103. Proscription of certain publications
104. Provision of libraries in educational institutionsThe Minister shall develop a framework to guide the provision of libraries in all educational institutions.
105. Teacher resource centresThere shall be established resource centres at all levels for the purpose of the continuing professional development.
106. Resource centres for special education needs
107. Determination of competence test and public examination
108. Regulations relating to curriculum, assessment and certification
Part X – Enforcement of quality and standards in education
109. Quality and standards in educationThe Minister shall determine the standards and quality of education and training in educational institutions.
110. Education standards officers
111. Functions of education standards officers
112. Powers of education standards officer
113. Obstruction of education standards officerA person who—
114. Special inspections
115. Annual report on quality and standards
116. Regulatory provisions on quality and standards in education
Part XI – Financing of education
117. Administration of public funds
118. Fundraising by education board or board of management
119. Tuition, boarding and other fees
120. Bursary, grant, scholarship and loan scheme for learners
121. General purpose fund
122. Land for educational purposes
123. Regulatory provisions on financing of education
Part XII – General provisions
124. Prohibition of operation of educational institution near bar
125. Advisory boardsThere shall be established, as a governance structure, advisory boards in educational institutions, for continuing education.
126. Promotion of researchThe Minister shall establish a systematic approach to articulate, coordinate and promote the undertaking and use of any research in the education sector.
127. Dissolution of parents-teachers’ associations
128. Prohibition of publication or disclosure of information to unauthorised persons
129. Supremacy of ActExcept for the Constitution, where there is any conflict between this Act and any other law dealing with education, this Act shall prevail.[Cap. 1]
130. General offences and penalties
131. Offences by body corporate or unincorporate bodyWhere an offence under this Act is committed by a body corporate or an unincorporate body, every director or manager of the body corporate or unincorporate body shall be liable, upon conviction, as if the director or manager had personally committed the offence, unless the director or manager proves to the satisfaction of the court that the act constituting the offence was done without the knowledge, consent or connivance of the director or manager or that the director or manager took reasonable steps to prevent the commission of the offence
132. RegulationsThe Minister may, by statutory instrument, prescribe all matters which by this Act are required or permitted to be prescribed, or which are necessary to be prescribed for the carrying out or giving effect to the provisions of this Act.
133. Repeal of Caps. 134 and 135The Education Act, 1966, and the African Education Act, 1951, are hereby repealed.
134. Savings and transitional provisionsNotwithstanding section one hundred and thirty-three, the Schedule applies in respect of the matters stated therein.
History of this document
18 April 2011 this version
15 April 2011
|Education (Aided Educational Institutions) Regulations, 2021||Statutory Instrument 45 of 2021|