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Education Act - Education (Schools and General Provisions) Regulations 2002

LAWS OF TONGA

EDUCATION (SCHOOLS AND GENERAL PROVISIONS)
REGULATIONS 2002

GS 14 of 2002

EDUCATION ACT (CAP. 86)

Regulation

PART 1 - PRELIMINARY

1 Short Title
2 Interpretation

PART 2 - SCHOOL MANAGEMENT

3 Size of Schools
4 Establishment of a School
5 Registration of a School
6 Closure of a School
7 Change in Managing Authority for a School
8 Extension of Educational Levels or Additional Educational Delivery
9 Management of a School .
10 Assessment and Evaluation of Schools
11 School Routine
12 Variation to School Routine
13 Extra Curricular Activities
14 Visitors to Schools
15 Records, Registers, Reports and Documents
16 Student Attendance Register .
17 Accident Register
18 Medical and Dental Care Examinations
19 Government Grants
20 Fees
21 Charge of School in Temporary Absence of Principal Teacher
22 Work of Teaching Staff outside the Period Allocated for Instruction
23 Attendance at Staff Meetings
24 Attendance at Non-School Activities in School Hours
25 Person Undertaking a Course of Teacher Education
26 Staff Awareness of Notifiable Diseases
27 Copyright
28 Professional Development
29 Research
30 Acceptance of Donations

PART 3 - MANAGEMENT OF SCHOOL STUDENTS

31 Management of Students
32 Student Progress through School
33 Enrolment
34 Withdrawal of Student from School
35 Failure to Enrol
36 Truancy
37 Retention of Enrolment Places
38 Re-enrolment of Students
39 Jurisdiction over Students
40 Discipline of Students
41 Detention of Students
42 Suspension of Students
43 Exclusion of Students
44 Expulsion of Students
45 Suspended, Excluded or Expelled Students sitting Examinations
46 Student Transfers

PART 4 - MANAGEMENT OF SCHOOL STAFF

47 Management of School Staff
48 Must hold a Teaching Certificate
49 Appointment and Transfer of Teachers
50 Probation of Teachers
51 Registration of Teachers
52 Appraisal of Teachers
53 Promotion of Teachers
54 Discipline of Teachers in Government Schools
55 Dismissal of Teachers
56 Appeals
57 Government Teacher Housing

PART 5 - MANAGEMENT OF SCHOOL PROPERTY

58 Management of School Property
59 School Cleaning
60 Use of Government School Property
61 Equipment Management
62 Identification of School Equipment and Resources
63 Private Livestock on School Property
64 Write Off or Sale of stock, Resources or Equipment
65 Arson, Vandalism or Traumatic Incidents

FORMS

FORM A
FORM B
FORM C
FORM D
FORM E
FORM F
FORM G
FORM H
FORM I
FORM J
FORM K
FORM L
FORM M
FORM N
FORM O
FORM P

_________________________________

IN EXERCISE of the powers conferred on him by section 59 of the Education Act (Cap. 86) the Minister of Education with the consent of Privy Council makes the following Regulations:

PART 1 - PRELIMINARY

1 Short Title

These Regulations may be cited as the Education (Schools and General Provisions) Regulations 2002.

2 Interpretation

In these Regulations unless the context otherwise requires —

"Act" means the Education Act (Cap. 86); "Advisory Council" means the Council established under the provision of
Part III of the Act;

"appointment" means allocation to a position and includes demotion and promotion;

"authorised officer" means a public officer authorised for the purpose by the Minister;

"buildings" means all buildings used by a school (whether situated on school land or elsewhere);

"compulsory school age" means any age between 6 years and 13 years and accordingly every person shall be deemed to be of compulsory school age if he has attained the age of 6 years and has not attained the age of 14 years;

"conflict resolution" means a structured discussion between individuals working with the aim of achieving an agreed resolution to a problem;

"counselling" means the use of appropriate mediation to solve a dispute or problem;

"Director" means the person appointed in accordance with the provisions of section 8 of the Act and for the time being performing the duties and functions of the office of Director;

"educational delivery" means the way in which education is provided to students;

"exclude" means to prohibit from attending any number of or all schools under regulation 43;

"expel" means to prohibit from attending any number of or all schools under regulation 44;

"government school" means a school which is:

(a) established under section 17 of the Act; and

(b) maintained out of public funds and controlled by the Minister;

"Managing Authority" means any person or body of persons registered by the Minister in accordance with the provisions of section 21 of the Act as a controlling authority to be generally responsible for schools under their control; and for the purposes of the provisions of the Act relating to applications for the establishment of schools and registration or recognition of schools, includes any person or body of persons proposing to be a controlling authority so responsible;

"Minister" means the minister appointed in accordance with section 3(1) of the Act;

"Ministry" means the Ministry of Education, Tonga, established in accordance with section 7 of the Act;

"non-government school" is any school other than a government school established in accordance with the provisions of the Act;

"parent" in relation to any pupil includes a guardian and every person who has the actual custody of the pupil;

"pre-school programme" means education appropriate to the needs of students from age three to age five;

"post compulsory" means education offered following 13 years of age;

"primary education" means education offered in school years one to six both inclusive;

"principal teacher" means —

(a) in the case of a government school the authorised officer or person or committee of persons appointed in accordance with section 19 of the Act;

(b) in the case of any other school the person or committee of persons registered by the Minister under the provisions of section 25 of the Act;

"pupil" means any person of any age for whom education is provided under the provision of this Act and any person enrolled on the register of any school;

"registered school" means a non-government school granted a certificate of registration under the provisions of the Act;

"regular instruction" means instruction provided for ten hours or more during each school week;

"scholarship" means receiving free education through any means or at a reduced cost and shall include assistance by means of foundation, fellowship, grant, award, short term course, placement, training programme, bursary or prize;

"school" means any institution in which not less than 5 pupils receive regular instruction by way of personal tuition or any assembly of not less than 5 pupils for the purpose of receiving from a teacher any such regular instructions or/and any institution or place from which a regular instruction emanates or is imparted to pupil or students by means of correspondence, but shall not include:

(a) any institution or assembly in which the instruction is, in the opinion of the Minister, wholly or mainly of a religious character; or

(b) any institution owned and maintained by a religious society for the purpose of training persons:

(i) for the ordained ministry;

(ii) for admission to a religious order under the direction of or associated with such religious society;

Provided that any class division or section of any such institution or assembly, in which instruction is, in the opinion of the Minister, wholly or mainly devoted to secular subjects shall be deemed to be a school; or

(c) any institution or assembly the principle purpose of which is to impart instruction in games or sport; or

(d) any institution or assembly which may be wholly or partially exempted from the provisions of the Act by the Minister;

"secondary education" means education offered in school years seven to thirteen, both inclusive;

"special needs programme" means an educational programme and services appropriate to the needs of students with particular physical or intellectual needs;

"student" means the same as "pupil";

"suspend" means to prohibit from attending a school for a specified time as determined under regulation 42;

"time out" means the placing of a student in a designated educationally appropriate area so that the student is removed for a specified time from a situation relating to a school problem;

"walking distance" means 2 miles measured by the nearest available route.

PART 2 - SCHOOL MANAGEMENT

3. Size of Schools

(1) Schools shall be classified on 31 March in each year in accordance with the following student enrolment numbers:

Enrolment

(2) The Minister may classify a school into a higher size where the Minister considers that the school is likely to:

(a) reach the numbers for such classification within that school year; or

(b) be disadvantaged by the transfer of a teacher during the school year.

4 Establishment of a School

(1) The Minister shall consider existing educational facilities when deciding to:

(a) establish any new school; or

(b) make any significant amendment which is deemed to include —

(i) an extension of a school's present educational provision to encompass pre-school, primary, secondary, distance vocation and training, distance or special education;

(ii) a relocation of the school. Relocations may include the establishment of an additional campus for students not already taught at the school, as well as the change in location of all or some of the students already taught at the school;

(iii) an amalgamation with another school or schools;

(iv) the separation of the school into two or more schools;

(v) re-establishment of a previously closed school; or

(vi) a change of school name, change from single sex to coeducational or changes in school governance or authority.

(2) The Ministry or a non-government organisation wishing to establish a school shall apply in writing to the Minister on Form A no later than 12 months prior to the anticipated date of commencement.

(3) The process for the establishment of a school shall be as set out in Schedule A.

(4) The Minister shall not establish a new school or approve an application to establish a new school until he is satisfied proper arrangements have been made to register the title to or lease of the property under the Land Act.

5 Registration of a School

(1) The principal teacher of any school that has not been registered by the Minister under section 57 of the Act shall apply to be registered on Form B.

(2) It shall be the responsibility of the principal teacher to ensure that the school complies with the requirements of this regulation before applying for registration.

(3) School registration processes shall:

(a) ensure educational standards and appropriate facilities and resources are provided before the initial registration of a school;

(b) outline educational curricula;

(c) recognise the diversity and independence of the non-government sector;

(d) allow for periodic review of the school to ensure educational standards are maintained; and

(e) provide that the team to review non-government Managing Authority schools shall be made up of personnel from the Ministry, the school itself and its Managing Authority.

6 Closure of a School

An inspector in recommending closure of a school under section 32 of the Act shall use Form C.

7 Change in Managing Authority for a School

The memorandum of agreement where Government of Tonga takes over management of a non-government school shall be on Form D.

8 Extension of Educational Levels or Additional Educational Delivery

(1) Application by schools for permission to extend additional educational levels or additional educational delivery shall be on Form E.

(2) Any extensions granted to an educational delivery shall be reviewed by an authorised officer of the Ministry or by a non-government Managing Authority in collaboration with the Ministry at the end of the second year of operation to ascertain the educational benefits to students and the economic effectiveness of this extension.

9 Management of a School

(1) The principal teacher shall be responsible for the general management of that school pursuant to section 19 and 25 of the Act.

(2) Staff in a school shall carry out responsibilities which will provide students with the best possible learning environment as stipulated by the principal teacher.

10 Assessment and Evaluation of Schools

(1) An authorised officer of the Ministry shall visit every school pursuant to section 31 of the Act at least once a year. Two weeks notice shall be given to the principal teacher of each school. After each visit a report shall be filed with the Director.

(2) The authorised officer shall assess each school on:

(a) the method and quality of teaching and learning;

(b) the performance of each teacher using Form F;

(c) the suitability of time-tables;

(d) tone, order and discipline of the school;

(e) enrolment, attendance and staff registers;

(f) attendance of staff and students;

(g) the condition and adequacy of school buildings and teacher housing on Form G;

(h) the condition and adequacy of school resources and equipment;

(i) the professional development support provided by the principal teacher, senior staff and heads of departments; and

(j) any other matters relating to the efficiency of the school.

(3) A copy of the authorised officer's report shall be forwarded to the principal teacher of that school within 3 weeks of this visit.

(4) An authorised officer of the Ministry may at any time other than the annual visit forward to the Director a report concerning any matter that may affect the efficiency of a government school, and a copy of this report shall be forwarded at the same time to the principal teacher of the school involved.

11 School Routine

(1) The principal teacher of a school shall be responsible for planning a school day routine for students which shall include:

(a)

(i) instruction hours from Monday to Friday as provided in sub-regulation (1)(b);

(ii) holidays as provided in sub-regulation (3); and
(b)

(i) a school day that continues for a minimum of 5 hours duration of teacher student contact time;

(ii) a school day shall comprise lessons appropriate to the age and ability of the students with intermissions necessary for the age level; and

(iii) teachers shall report to school at least 30 minutes prior to the commencement of each school day.

(2) Schools shall operate not less than 200 days during a school year except for schools in outer islands which shall operate 7 days less to cover travelling time for teachers.

(3) The following holidays shall be observed in all schools:

(a) all public holidays;

(b) term breaks as determined by the Minister or the non-government Managing Authority; and

(c) 6 weeks holiday beginning on the second Monday in December unless otherwise directed by the Minister or non-government Managing Authority.

12 Variation to School Routine

(1) The principal teacher may vary school routine by undertaking school activities outside the 200 days allocated in regulation 11(2). Variations to the school routine shall be based on definite educational outcomes that complement current school educational programmes. Schools may utilise non-school hours for school related activities.

(2) Field trips shall be based on definite educational outcomes and are part of the educational programme.

(3) On all field trips and approved variations to school routines there shall be a teacher or assistant for every 10 students.

(4) The principal teacher shall keep a register of field trips and approved variations to school routines which shall contain the following:

(a) times, dates, venues and itinerary;

(b) educational aims and follow up activities;

(c) number and educational levels of participating students;

(d) names of supervising teachers and other assistants;

(e) transport, accommodation, meal and first aid arrangements;

(f) arrangements for students not participating; and

(g) costs per student.

(5) Parents and students shall be given 7 days written notice of variations to school routine or field trips to be undertaken.

(6) No pupil shall be permitted to participate in a field trip or variations to school routine unless a parent has consented on Form H.

(7) Students who do not have written permission to attend a field trip or school activity out of the school grounds shall be supervised at school for that school day.

13 Extra Curricular Activities

(1) Non-school activities undertaken outside the stated hours of a school day shall be considered external to the school routine and responsibility.

(2) The principal teacher may approve organisations or groups conducting religious instruction and or community related activities, to work with students and to utilise school facilities in accordance with regulation 60.

(3) The organisation or group taking responsibility for the activity shall obtain prior approval of parents for students to participate in non school extra curricular activities.

14 Visitors to Schools

Visitors shall not without the express permission of the principal teacher speak or take part or interrupt the business or work of the school.

15 Records, Registers, Reports and Documents

(1)

(a) The principal teacher of every school shall keep the following laws, records, registers, reports and documents:

(i) syllabi and curricula documents for each educational level;

(ii) staff professional development plan;

(iii) code of behaviour and dress for staff and students;

(iv) school inspection reports;

(v) staff register and school organisation statement;

(vi) enrolment register;

(vii) student attendance;

(viii) copy of notices to parents on non attendance;

(ix) certificates of student transfers;

(x) student records including health records;

(xi) register of medical and dental reports;

(xii) student discipline register;

(xiii) teacher attendance registers;

(xiv) teacher discipline register;

(xv) register of variations to school routine;

(xvi) register of field trips;

(xvii) accident register;

(xviii)safety and emergency procedures;

(xix) reports of hazardous circumstances;

(xx) notifiable diseases register;

(xxi) register of school furniture and equipment, resources and livestock;

(xxii) account books;

(xxiii) administrative instructions;

(xxiv) religious instruction register;

(xxv) fono notices applicable to the school;

(xxvi) record of parent visits and interviews;

(xxvii) a copy of the Education Act and Regulations made thereunder;

(xxviii) copyright register;

(xxix) computer software register;

(xxx) official letters, reports and necessary duplicates of returns and reports of inspections; and

(xxxi) parent permissions for medical, dental examinations.

(b) The records, registers, reports and documents shall be kept pursuant to sub-regulation (1)(a) for a minimum period of 5 years.

(2) Teachers in schools shall keep records up-to-date relative to:

(i) work plans; and

(ii) formative and summative evaluations for each student.

(3) The principal teacher of a government school shall prepare the following reports:

(a) student enrolment return on Form I by March 31 and September 30;

(b) updated teacher history sheets on Form J by March 31;

(c) non-teaching staff details by March 31;

(d) audit report on Form K by September 30;

(e) public use of government school premises and property by September 30; and

(f) annual return on Form L.

(4) The principal teacher shall notify the Director and in the case of a nongovernment school, the Managing Authority immediately on the occurrence of notifiable diseases, natural disasters or safety and health issues as follows:

(a) notifiable diseases on Form M;

(b) safety and health issues on Form M and if applicable on Form G; and

(c) results of natural disasters on Form N.

16 Student Attendance Register

(1) The principal teacher of a school shall cause a record of student attendance for each morning and each afternoon school session to be maintained.

(2) An extract from any attendance register or other record book duly certified by a principal teacher shall be accepted as prima facie evidence of the statements contained therein.

17 Accident Register

(1) School staff shall take all reasonable measures to ensure the safety of students undertaking classroom and outdoor activities.

(2) A principal teacher shall:

(a) keep a record of accidents occurring upon the premises of a school or on a site related to the school's activities; and

(b) forward immediately to the Director or non-government Managing Authority on Form O, a report of each accident where any person has sustained an injury requiring medical attention.

18 Medical and Dental Care Examinations

(1) Government approved health officers shall carry out authorised medical and dental examinations of students and inform parents of methods of sterilisation of any equipment used.

(2) Prior parental consent for such examinations shall be on Form P.

(3) Parents s hall be consulted if there is a need for further action.

(4) A copy of the report on each child shall be furnished to the principal. Such report shall be considered to be confidential.

(5) When a student transfers to another school the medical and dental reports of that student shall be forwarded with the student's transfer form to the new school.

19 Government Grants

(1) Grants to non-government secondary schools shall be based on exact student enrolment numbers for each school as at March 31.

(2) The Minister may stipulate the use to which such grants shall be put.

(3) An audit report of funds received each year shall be furnished to the Minister at the end of each financial year on Form K.

(4) Grants to non-government Managing Authorities shall be forwarded no later than August 31 in each year.

20 Fees

(1) Students in government schools shall pay fees for schooling, tuition, books, board or medical attention as set under section 49 of the Act.

(2) Parents shall be given reasonable notice of any increase in government school fees.

(3) Reduction to fees shall be allowed at a scale set by the Minister where there is more than one student in a family attending a government school.

(4) Fees for non-government schools shall be set by their Managing Authorities.

(5) School levies may be set by the principal teacher and such levies shall be administered through school accounts.

(6) Any resource purchased with school levies shall be the property of that school.

21 Charge of School in Temporary Absence of Principal Teacher

The Minister or non-government Managing Authority may appoint, in the absence of the principal teacher of a school any other member of staff to act in the principal's place during such absence.

22 Work of Teaching Staff outside the Period Allocated for Instruction

The principal teacher may require a member of the school staff to perform school work or to supervise the activities of students outside the period allocated for instruction on a school day.

23 Attendance at Staff Meetings

The principal teacher may require members of the staff to attend staff meetings outside the period allocated for instruction of students in a school day.

24 Attendance at Non-School Activities in School Hours

Non-school activities shall be scheduled outside school time. Overseas non-school activities shall be scheduled for holiday periods or as part of approved recreation leave.

25 Person Undertaking a Course of Teacher Education

The principal teacher shall assign a master teacher and arrange professional support, to a person undertaking a teacher education course accepted by the school for practice in teaching.

26 Staff Awareness of Notifiable Diseases

The principal shall inform all teachers of action required to deal with each known notifiable diseases on, as defined in the Public Health Act 1992.

27 Copyright

The principal teacher shall inform all staff of the provisions of the Copyright Act (Cap. 121) when utilising published work for the purposes of teaching.

28 Professional Development

(1) The Ministry and non-government Managing Authorities shall facilitate professional development programs and refresher courses for school staff.

(2) Staff in all schools may take not more than 10 school days per year on which to attend workshops, conferences, seminars and programmes organised by the Ministry, other providers or professional associations of which the staff are members.

(3) The Director in consultation with the principal teacher or the nongovernment Managing Authority may approve attendance at any of the activities referred to in subregulation (2). Every officer undertaking professional development shall lodge a full report with the Director or non-government Managing Authority within 3 weeks.

(4) Education delivery methods using information technologies may be utilised to deliver professional development to teachers in the outer islands.

29 Research

The Minister may with the consent of Cabinet and in consultation with the families approve research involving a school, its staff, students or families.

30 Acceptance of Donations

(1) Donations which may involve the school in any financial commitment, may only be accepted with the consent of the Minister or the nongovernment school's Managing Authority.

(2) Details of all donations shall be entered in the school register as definition in regulation 15 (1) (a) (xxi).

PART 3 - MANAGEMENT OF SCHOOL STUDENTS

31 Management of Students

(1) The principal teacher of a school shall be responsible for the progress and good behaviour, care and safety of students of that school.

(2) The principal teacher shall make arrangements and ensure adequate and effective supervision of the students during each school day.

(3) Due consideration shall be given to the support of all students to provide for their educational and personal needs.

32 Student Progress through School

(1) Students may progress through education and subject levels at an increased rate where it is considered by the school and authorised officers of the Ministry or a non-government Managing Authority that the student will be disadvantaged by remaining at that education or subject level.

(2) Students may progress through education levels at a slower rate taking two additional years for primary education and two additional years for secondary education where the additional time is considered by school staff as necessary for foundation learning.

33 Enrolment

(1) Students may begin pre-school programmes in an early childhood setting at 3 years of age.

(2) Students who have reached their sixth birthday shall be enrolled in Class 1 in a primary school.

(3) A birth certificate from the Registrar of Births, Deaths and Marriages shall be presented upon enrolment in Class 1.

(4) Where no birth certificate is available the parent shall provide a sworn affidavit.

(5) There shall be no single teacher schools.

34 Withdrawal of Student from School

Where a parent chooses to withdraw a student who is older than the compulsory age from school, the principal teacher of the school shall be notified in writing and the withdrawal registered in the school student attendance register.

35 Failure to Enrol

(1) A School Attendance Officer shall inquire throughout the school district from time to time to be satisfied that every child of compulsory age is enrolled in a school as required by section 52 of the Act.

(2) Notice on From Q shall be sent from the Ministry or non-government Managing Authority to parents who have failed to have their children of compulsory age enrolled in a school, or who having enrolled their children, neglect or refuse or fail without valid excuse, to send their children to school. A copy of the notice shall be entered in the school records and second copy endorsed with the time of service and retained at the school.

(3) If at the end of one month from the time of service of the notice, the parents have failed to comply with the notice, the endorsed copy shall be forwarded to the police with a request to investigate pursuant to section 56 of the Act.

(4) Parents of students not attending school because of ill health or other unavoidable causes shall provide the principal teacher with copies of medical certificates or relevant details.

36 Truancy

(1) Where a student of compulsory age is absent from school in excess of a week without notification, or where there is periodic truancy cumulating in 10 days of absences during one month, the principal teacher shall require from the parents an explanation in writing on Form Q. A copy of the notice shall be retained in the school records.

(2) After a further 2 weeks of absence with no explanation, the principal teacher shall contact the School Attendance Officer to investigate the situation.

(3) Where necessary, discussions may be undertaken within one week between the principal teacher, appropriate school personnel, the student and the parents.

(4) Upon failure to reach a resolution the student's name shall be removed from the school enrolment register and the police requested to prosecute pursuant to section 56 of the Act within 2 weeks from the end of the investigation.

37 Retention of Enrolment Places

A school principal teacher shall not be required to retain an enrolment place for a student who leaves that school longer than one school term.

38 Re-enrolment of Students

A post compulsory student who leaves school for a period longer than 2 school terms for purposes other than expulsion or exclusion may re-apply for enrolment.

39 Jurisdiction over Students

(1) The principal teacher and teachers in a school shall have a duty of care in loco parentis over a student while on the school premises and during official school activities.

(2) The principal teacher may discuss with the parents of a student, any behaviour which may reflect negatively upon the school.

(3) No teacher shall work with, coach, detain, discipline or teach a student alone outside school hours.

40 Discipline of Students

(1) The Ministry, non-government Managing Authorities and their personnel shall take reasonable steps to prevent:

(a) students injuring themselves;

(b) students harassing or injuring other students;

(c) students harassing or injuring others;

(d) staff harassing or injuring students; or

(e) members of public harassing staff or students on school property.

(2) The principal teacher and staff in each school shall establish an agreed and written code of behaviour and of dress for the school staff and for the students. This code of behaviour shall:

(a) reflect the values of the local community as well as those of the wider national society;

(b) reinforce that all school students and staff will be safe and are valued;

(c) define, model and reinforce non-violent and non-discriminatory language and practices; and

(d) stipulate that suspension, exclusion and expulsion procedures are considered only when all other approaches have been exhausted.

(3) Teachers shall endeavour to secure the good behaviour of students without recourse to physical, emotional, degrading and injurious punishments.

(4) Under no circumstances shall a teacher inflict corporal punishment on any student.

(5) Under no circumstances shall staff in any school direct students to administer corporal punishment on another student.

(6) Breaches by staff or students of the school behaviour code established under subregulation (2) shall be reported to the principal teacher. The principal teacher shall consider the circumstances and decide on the management strategy most appropriate for the situation.

(7) Breaches by the principal teacher of the school behaviour code established under subregulation (2) shall be reported to the Director or the nongovernment Managing Authority who shall consider the circumstances and decide on the management strategy most appropriate for the situation.

(8) Punishment shall not be inflicted on students for failure or inability to learn or for trivial breaches of school discipline.

(9) A principal teacher or teacher who inflicts corporal punishment on any student or causes any student to inflict corporal punishment on another student shall be reported for action to the Director or their nongovernment Managing Authority. Details of the incident shall be entered in the schools' staff discipline register.

41 Detention of Students

(1) A student at a primary school may be detained for a period of not more than 20 minutes during the midday recess.
(2) A student at a secondary or post compulsory school may be detained for a period of not more than:

(a) 20 minutes during the midday recess; or

(b) one hour after the period allocated for the school day and there must be two teachers present.

(3) Detention shall be as punishment for disobedience, misconduct, wilful neglect to prepare home tasks or for other breaches of school discipline.

(4) No student shall be detained for punishment after school hours without the approval of the principal teacher.

(5) Any student detained under these regulations may be directed from time to time to perform appropriate duties by the principal teacher.

42 Suspension of Students

(1) A principal teacher may investigate any student relating to any conduct that is prejudicial to the good order and discipline of the school and make appropriate recommendations to the Minister. The student shall first be informed of the allegations and given the opportunity to provide any explanation.
(2) The principal teacher shall arrange for the student to return home and inform the parents of:

(a) the fact of suspension; and

(b) the reason for suspension.

(3) The principal teacher shall notify the Director or the non-government Managing Authority of the suspension immediately and the reason therefor.

(4) The student or the student's parent may appeal the suspension order within 4 weeks to the Minister or the non-government Managing Authority.

(5) The Minister or the non-government Managing Authority shall consider the appeal.

(6) Details of the suspension and any subsequent decision relating to it shall be recorded in the student's school record and the school discipline register.

(7) The appeal process shall be completed within 4 weeks.

43 Exclusion of Students

(1) The principal teacher of a school may make recommendations to the Minister or the non-government Managing Authority that a student should be excluded from that school and the reasons therefor.

(2) A student may be excluded from any number or all schools in an education system by the Ministry or non-government Managing Authority for a period up to one year. Upon being satisfied after investigation that the student is guilty of disobedience, misconduct or other conduct prejudicial to the good order and discipline of that school. The student shall be informed of the allegations and given the opportunity to provide any explanation.

(3) Where the Minister or the non-government Managing Authority decides to exclude a student the principal teacher of the school, the student and the parents of the student shall be notified of the exclusion and the reasons therefor.

(4) The student or the student's parent may appeal the exclusion order within 4 weeks to the Minister or the non-government Managing Authority.

(5) The Minister or non-government Managing Authority shall in considering an appeal:

(a) confirm the exclusion;

(b) confirm the exclusion but vary the period of exclusion; or

(c) rescind the order for exclusion; and

(d) notify all persons concerned.

(6) Details of the exclusion order and any subsequent decision relating to it shall be recorded in the student's school record and the school discipline register.

(7) The appeal process shall be completed within 4 weeks.

(8) A pupil may seek a transfer on Form R to another school.

44 Expulsion of Students

(1) The principal teacher of a school may make recommendations to the Minister or the non-government Managing Authority that a student should be expelled from that school and the reasons therefor.

(2) A student may be expelled from any number or all schools by the Minister or non-government Managing Authority when the Minister or nongovernment Managing Authority is satisfied after investigation that the student is guilty of repeated gross disobedience, misconduct or other conduct prejudicial to the good order and discipline of a school. The student shall be informed of the allegations and given the opportunity to provide any explanation.

(3) Where the Minister or the non-government Managing Authority expels a student they shall notify the principal teacher of the school, the student and the parents of the student of the expulsion and the reasons therefor.

(4) The student or the student's parent may appeal the expulsion order within 4 weeks to the Minister or non-government Managing Authority.

(5) The Minister or non-government Managing Authority shall consider such appeal and in consultation with the Director or the principal teacher of the school shall:

(a) confirm the expulsion; or

(b) rescind the order for expulsion; and

(c) notify all persons concerned.

(6) Details of the expulsion order and any subsequent decision relating to it shall be recorded in the student's school record and the school discipline register.

(7) The appeal process shall be completed within 4 weeks.

45 Suspended, Excluded or Expelled Students sitting Examinations

(1) If a student registered for any examination approved by the Minister is suspended, excluded or expelled from a school, the student shall be allowed to sit for the examination at the school or at a centre specified by the Ministry or the non-government Managing Authority.

(2) Internal assessment details where applicable shall be forwarded to the Ministry for inclusion in the student's results.

(3) The examination results for a student sitting under special conditions shall be included with the collective results for that school.

(4) The principal teacher shall inform the student that there may be a requirement to sit the examination under special conditions immediately after suspension, exclusion or expulsion.

(5) Where a suspended, excluded or expelled student is registered for an examination and the principal teacher considers an alternative examination site is necessary, he shall notify the Ministry or nongovernment Managing Authority and request an alternative site no later than 4 weeks prior to the examination.

(6) A student who is required to sit an examination at an alternative site shall be informed by the principal teacher, of the site, the examination time and any particular requirements for the examination no later than 2 weeks prior to the examination.

46 Student Transfers

(1) Applications to transfer a student may be made by the parent in writing to the school, nominating the school to which transfer is desired.

(2) The principal teacher on receipt of an application for transfer shall:

(a) issue a transfer in triplicate on Form R;

(b) provide one copy to the parent to be presented to the principal teacher of the school to which the student is transferring;

(c) forward a copy to the Director or to the school's managing Authority to which the student is transferring; and

(d) retain a copy for school records.

(3) The principal teacher of a school to which the student intends to transfer may decline to enrol the student if the transfer is a result of exclusion or expulsion, or if the student does not meet the enrolment criteria for the intended course of study.

PART 4 - MANAGEMENT OF SCHOOL STAFF

47 Management of School Staff

(1) The principal teacher of a school shall regulate, apportion and supervise the work of each staff member.

(2) The principal teacher of a school shall encourage the use of teaching and learning techniques within the school to meet the needs of all students.

48 Must hold a Teaching Certificate

(1)

(a) No person shall be authorised to teach in any school unless he is a holder of a certificate pursuant to section 45 of the Act.

(b) Applicants for position of teacher shall be required to apply on Forms S to the Minister.

(2) The Minister or an authorised officer shall:

(a) check with the appropriate institution or utilise overseas accreditation units; and

(b) authorise the certification or inform the applicant of non certification.

(3) The application process shall be completed within 3 months.

(4) Personnel who do not hold any qualifications but who have already been appointed to a teaching position pursuant to section 45 of the Act shall have a 2 year period in which to complete teacher in-service. The in-service shall consist of units at teachers' own expense or by winning an open scholarship for an appropriate qualification through an institution recognised by the Minister. Such officer shall be deemed to be authorised to teach under section 45 of the Act.

(5) Personnel who hold a qualification but not a teaching qualification but who wish to teach may apply to the Minister to be authorised to teach under section 45 of the Act.

(6) The Minister shall require an applicant under subregulation (5) to undertake certain in-service course subsequent to certification.

(7) Any person aggrieved by any decision affecting his application to teach shall have a right to appeal pursuant to regulation 56.

49 Appointment and Transfer of Teachers

(1) In assessing applications for appointment to teach under section 18 or 22 of the Act the relevant authority shall have regard to expertise, judgement and accountability.

(2) The Minister may employment graduate or trained teachers where the Minister is satisfied that such a person a suitable to be a teacher.

(3) No person shall be appointed as a teacher and if appointed shall be dismissed who has been convicted of:

(a) any sexual offences;

(b) assault, bodily harm or grievous bodily harm;

(c) fraud or similar offence;

(d) theft;

(e) supply drugs;

(f) supplying intoxicating beverages to any student under the age of 16 years; or

(g) being a prostitute.

(4) The Minister shall consider appropriate action upon repeated convictions by school personnel of:

(a) abusive, profane of indecent language; or

(b) disorderly behaviour.

(5) No person shall be appointed to a position in a school who is bound by section 46 (1) of the Act.

(6) A teacher appointed to teach in a government school shall be notified in writing on Form T. Acceptance of this offer on Form U shall be dependant on the teacher being certified to be medically fit by a government approved medical officer.

(7) Transfer of teachers shall be based on the following:

(a) promotion;

(b) application by the teacher;

(c) according to the needs of the Ministry or of the non-government Managing Authority; or

(d) disciplinary action.

(8) A government school teacher may appeal against a transfer if that teacher:

(a) is the sole economic and physical support for elderly parents;

(b) has already served the stipulated 3 year period at that level of appointment away from their home base; or

(c) has a serious, medically verified condition which can only be treated at the Vaiola Hospital.

(9) A government teacher may appeal on Form V against a transfer in accordance with regulation 56.

(10) Personnel appointed to a Ministry or non-government Managing Authority teaching position from a Government scholarship shall abide by terms of the scholarship agreement on Form W.

50 Probation of Teachers

On first appointment to the teaching service and on first appointment as principal teachers, all teachers shall serve a probation period of one year or such other period as the Minister or non-government Managing Authority may direct.

51 Registration of Teachers

(1) No teacher shall be confirmed for registration until a satisfactory report is received at the end of the probationary period from the principal teacher and authorised officers of the Ministry or non-government Managing Authority.

(2) On confirmation of registration, a teacher's name shall be entered in a register of teachers.

(3) Teachers who have not had a satisfactory report shall be reassessed within 6 months.

52 Appraisal of Teachers

Teachers shall be appraised on an annual basis by authorised officers of the Ministry or non-government Managing Authority. A copy of this confidential report on Form F shall be provided to the teacher and the principal teacher of the school.

53 Promotion of Teachers

Promotion of teachers shall be upon the following conditions:

(a) highly satisfactory work;

(b) above average skill in providing teaching and learning; and

(c) highly satisfactory conduct and professionalism.

54 Discipline of Teachers in Government Schools

(1) Where the principal teacher considers the personal or professional conduct of a teacher in a government school is detrimental to the education of students in the school the Director shall be notified.

(2) The Director shall follow Civil Service regulations in any disciplinary proceedings.

(3) The teacher may appeal in accordance with regulation 56.

(4) Any situations involving the conduct of a school principal teacher may be brought to the attention of the Director by any student, teacher or student's parent.

(5) Where conduct may constitute a breach mentioned in regulation 49(3), the principal teacher or teacher involved shall be suspended by the Minister who shall investigate all the circumstances and take any necessary action.

55 Dismissal of Teachers

(1) The Minister or non-government Managing Authority may dismiss a teacher, if after investigation he is satisfied that the teacher is guilty of the misconduct alleged of.

(2) The teacher shall be informed of the allegations and given the opportunity to be heard in defence.

(3) The Minister or non-government Managing Authority shall inform the teacher in writing of:

(a) decision to dismiss;

(b) reasons for dismissal; and

(c) the right of appeal under regulation 56.

(4) Any teacher convicted of any of the breaches listed in regulation 49(3) shall be dismissed or removed from contact with students.

(5) Any teacher who has been dismissed and re-employed shall be under probation for a period of one year or such other period of probation as determined by the Minister or non-government Managing Authority.

56 Appeals

(1) A person aggrieved by a decision made by the Ministry or nongovernment Managing Authority may appeal within 4 weeks of being notified of the decision under review.

(2) The appeal shall be in writing to the Minister or to the non-government Managing Authority setting out grounds of appeal.

(3) In considering the appeal the Minister or non-government Managing Authority shall consult with the appellant and other relevant personnel.

(4) The Minister or non-government Managing Authority shall inform the appellant of the decision in writing.

(5) An appeal shall be completed within 4 weeks of receipt of the appeal.

57 Government Teacher Housing

Where a teacher is transferred to a government school in an area which is not their permanent domicile, adequate housing shall be provided and available for the duration of the transfer, prior to assumption of duty.

PART 5 - MANAGEMENT OF SCHOOL PROPERTY

58 Management of School Property

The principal teacher of a school shall be responsible for the care and conditions of the buildings, grounds, equipment, resources, crops and livestock of that school.

59 School Cleaning

The principal teacher shall be responsible for organising the cleaning of the school buildings and maintenance of its grounds.

60 Use of Government School Property

(1) Use of government school buildings, grounds, resources and equipment shall be at the discretion of the principal teacher. Where the use is for another school, community group or private group the agreement shall be in writing incorporating the conditions of sub-regulation (2) and filed in the school records;

(2) Conditions for the use of government school property shall include:

(a) that the proposed use of the such property shall not interfere with the ordinary work of the school or cause damage to the premises or injury to any person;

(b) that the premises shall be left clean by the permitted user to the satisfaction of the principal teacher and any furniture or apparatus returned to its original position;

(c) that the permitted user shall be responsible for and shall immediately arrange for the repair of any damage caused by the permitted user during use of the premises and any repair shall be completed to the satisfaction of the principal teacher;

(d) that all charges in respect of the hiring of school property shall be paid by the permitted user; and

(e) that all funds collected by the principal teacher from the use of school premises shall be administered through school accounts.

61 Equipment Management

Purchase of any equipment for use in government schools shall be undertaken in consultation with appropriate officers from the Ministry.

62 Identification of School Equipment and Resources

(1) All equipment and resources belonging to a school shall be inscribed in visible and permanent means with the name of the school and a stock number. Livestock shall be identified by numbered ear tags or leg bands.

(2) Stock numbers shall be recorded in the school's stock register.

(3) Stock records shall be audited annually with written entries to account for any lost or damaged stock.

63 Private Livestock on School Property

The principal teacher shall set fees for agistment or services of livestock on government school property and such fees shall be administered through school accounts.

64 Write Off or Sale of stock, Resources or Equipment

(1) The principal teacher shall annotate the stock records with a write off date and dispose of the stock in question after consultation with and upon receipt of written instructions from authorised officers of the Ministry or their non-government Managing Authority.

(2) The principal teacher shall notify the Board of Survey of stock considered to have sale value and write off of government stock.

(3) Non-government schools shall convey stock to their non-government Managing Authority or be advised of an alternative action.

(4) Livestock for sale from government schools shall be valued by the Ministry of Agriculture and Forestry. Non-government schools shall arrange for their own valuation.

(5) Ministry of Agriculture and Forestry shall be notified of diseased livestock in any school.

(6) All valuations and notification in the preceding sub-regulations shall be entered in the appropriate stock or livestock record.

65 Arson, Vandalism or Traumatic Incidents

(1) The principal teacher shall report immediately on Form X to the Minister or non-government Managing Authority and where necessary to the police, incidents of arson, vandalism or traumatic incidents.

(2) Professional counselling support shall be offered to students who are affected by arson, vandalism or by traumatic incidents related to their school setting.

Made at Nuku‘alofa this 11th day of October, 2002.
Minister of Education.

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FORMS

PacLII Editor's Note: Refer to the downloadable PDF version of this document to view the forms.