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Education Regulations

Commencement: 3 October 2005

EDUCATION REGULATIONS

Order 44 of 2005

ARRANGEMENT OF REGULATIONS*

1. Definitions
In this Regulation, unless the contrary intention appears:

“Act” means the Education Act [Cap. 272];

“VITE” means the Vanuatu Institute of Teacher Education;

“USP” means the University of the South Pacific.

2. Prescribed number of teaching staff
(1) The prescribed number of teaching staff for the purposes of section 15(b) of the Act is to be worked out using the following teacher-student ratios:

(a) 1:30 for a primary school (years 1-6);

(b) 1:25 for a community secondary school (years 7-8);

(c) 1:25 for a junior secondary vocational school (years 7-10);

(d) 1:25 for a junior secondary school (years 7-10);

1:25 for a senior secondary school (years 11-13/ 14);

(f) 1:25 for a technical school (years 11-12/ 13);

*Editor’s note: This Arrangement of Regulations contains links to the body of the Regulations (Control + click)

(2) The Minister may determine a different teacher-student ratio for schools that have special circumstances.

3. Prescribed teacher qualifications and experience for a primary school
The prescribed teacher qualifications for the purposes of section 15(b) of the Act for a primary school teacher are:

(a) a certificate or diploma in primary education from VITE; or

(b) a certificate, diploma or undergraduate degree in primary education from USP or any other recognized tertiary institution; or

(c) a post graduate certificate, diploma or degree in education from a recognized tertiary institution.

4. Prescribed teacher qualifications and experience for a community secondary school
(1) The prescribed teacher qualification for the purposes of section 15(b) of the Act for a community secondary school teacher are:

(a) a diploma in secondary education from VITE; or

(b) a certificate or diploma in primary education from VITE with at least 5 years of teaching experience in a primary school; or

(c) a diploma or degree in education from any recognized tertiary institution; or

(d) a certificate or diploma in specialized trades or technology from any recognized tertiary institution.

(2) Despite subregulation (1), a person may be employed as a community secondary school teacher if the person has:

a diploma in the arts, humanities, sciences, agriculture, economics, accounting, information technology, commerce or management, and recognized experience in teaching; or

a year 13 or 14 leaving certificate from a recognized educational institution and recognized experience in teaching; or

at least 5 years work experience in the public, economic, accounting, information technology, commercial, management, agricultural or industrial sector and recognized experience in teaching.

5. Prescribed teacher qualifications and experience for a junior secondary vocational school
The prescribed teacher qualifications for the purposes of section 15(b) of the Act for a junior secondary vocational school teacher are:

(a) a diploma in secondary education from VITE; or

(b) a diploma or degree in education from any recognized tertiary institution; or

(c) a certificate, diploma or degree in specialized trades or technology from any recognized tertiary institution.

Despite subregulation (1), a person may be employed as a teacher at a junior secondary vocational school if the person has:

(a) a diploma or degree in the arts, humanities, sciences, agriculture, economics, accounting, information technology, commerce or management and recognized experience in teaching; or

(b) a certificate or diploma in primary education from VITE and at least 5 years teaching experience in a primary school; or

(c) a year 13 or 14 leaving certificate from a recognized educational institution and some recognized training and experience in teaching; or

(d) at least 5 years work experience in the public, economic, accounting, information technology, commercial, management, agricultural or industrial sector and recognized experience in teaching.

6. Prescribed teacher qualifications and experience for a junior secondary school
(1) The prescribed teacher qualifications for the purposes of section 15(b) of the Act for a junior secondary school are:

(a) a diploma in secondary education from VITE; or

(b) a diploma or undergraduate degree in education from any recognized tertiary institution; or

(c) a postgraduate certificate, diploma or degree in education from any recognized tertiary institution.

(2) Despite subregulation (1), a person may be engaged as a teacher at a junior secondary school if the person has:

a diploma or degree in the arts, humanities, sciences, agriculture, economics, accounting, information technology, commerce or management and recognized experience in teaching; or

(b) a certificate or diploma in primary education from VITE and at least 5 years teaching experience in a primary school; or

(c) a year 13 or 14 leaving certificate from a recognized educational institution and some recognized training and experience in teaching.

7. Prescribed teacher qualifications and experience for a senior secondary school
(1) The prescribed teacher qualifications for the purposes of section 15(b) of the Act for a senior secondary school are:

(a) an undergraduate degree in education from any recognized tertiary institution; or

(b) a postgraduate certificate, diploma or degree in education from any recognized tertiary institution.

(2) Despite subregulation (1), a person may be employed as a teacher at a senior secondary school if the person has:

a diploma or degree in the arts, humanities, sciences, agriculture, economics, accounting, information technology, commerce or management and recognized experience in teaching; or

a year 13 or 14 leaving certificate, or foundation level or an equivalent program from a recognized educational institution, a strong interest in teaching and at least 5 years teaching experience in a junior secondary school; or

been recommended by the Ministry of Education to teach at the senior secondary level.

8. Prescribed teacher qualifications and experience for a technical school
(1) The prescribed teacher qualifications for the purposes of section 15(b) of the Act for a technical school are:

(a) a certificate, diploma or degree in specialized trades or technology from any recognized tertiary institution and have some recognized training and experience in teaching; or

(b) a diploma or degree in education from any recognized tertiary institution; or

(c) a diploma or degree in the arts, humanities, sciences, agriculture, economics, accounting, information technology, commerce or management from any recognized tertiary institution.

(2) Despite subregulation (1), a person may be employed as a teacher at a technical school if the person has at least 5 years work experience in the public, economic, accounting, information technology, commercial, management, agricultural or industrial sector and have recognized experience in teaching.

9. Prescribed requirements for educational texts, equipment and other materials for primary schools
(1) The prescribed requirements for educational texts and equipment for primary schools for the purposes of section 15(c) of the Act are:

(a) a copy of the following official documents published by the Curriculum Development Unit:

(i) Unified Primary Curriculum: Introduction and Overview;

(ii) Mathematics Syllabus for primary schools;

(iii) Primary Language Programs;

(iv) Our Communities Public Science handbook years 1 to 6;

(v) Other official curriculum documents approved by the National Education Commission and published by the Curriculum Development Unit; and

(b) relevant text books in sufficient numbers for students to use to be able to achieve the objectives of the national curriculum; and

(c) a collection of fiction and nonfiction books (for example, the Vanuatu Readers series) for students.

Other prescribed materials for primary schools for the purposes of section 15(c) of the Act include:

(a) a supply of stationary for students; and

(b) materials for arts and crafts; and

(c) equipment for physical educational and sports (at least soccer and volley balls); and

(d) appropriate mathematics equipment; and

(e) other appropriate teaching aids.

10. Prescribed requirements for educational texts, equipment and other materials for community secondary schools
(1) The prescribed requirements for educational texts and equipment for community secondary schools for the purposes of section 15 (c) of the Act are:

(a) a copy of the syllabus for the core subjects for this level of education; and

(b) relevant text books in sufficient numbers for students to use to be able to achieve the objectives of the national curriculum; and

(c) a collection of fiction and nonfiction books for students.

(2) Other prescribed materials for community secondary schools for the purposes of section 15(c) of the Act are:

(a) a supply of stationary for students; and

(b) basic science equipment; and

(c) tools for agriculture; and

(d) tools and materials for technology (for example basic woodwork and sewing materials).

11. Prescribed requirements for educational texts, equipment and other materials for junior secondary and vocational secondary schools
(1) The prescribed requirements for educational texts and equipment for junior secondary and vocational secondary schools for the purposes of section 15(c) of the Act are:

(a) a copy of the syllabus for the core subjects for this level of education; and

(b) relevant text books in sufficient numbers for students to use to be able to achieve the objectives of the national curriculum; and

(c) a collection of fiction and nonfiction books for students, and other materials including current newspapers and magazines for students and staff to use.

(2) Other prescribed materials for junior secondary and vocational secondary schools for the purposes of section 15 (c) of the Act are:

(a) a supply of stationary for students; and

(b) a fully equipped science laboratory; and

(c) tools for agriculture; and

(d) equipment for physical education and a variety of sports; and

(e) materials for technology or if other practical courses are taught, a supply of materials for undertaking such courses.

12. Prescribed requirements for educational texts, equipment and other materials for senior secondary schools
(1) The prescribed requirements for educational texts, equipment and other materials for senior secondary schools for the purposes of section 15(c) of the Act are such textbooks, equipments and other materials that are approved by the Ministry and will prepare students for examinations.

(2) For the purposes of section 15(c) of the Act, science laboratory and other specialty classrooms and teaching areas are to have appropriate teaching resources (including, for example, equipment, work benches, models and pictorial materials) and are to be available for use in teaching.

13. Prescribed standards for classrooms and other school buildings
For the purposes of section 15(d) of the Act, the following are the prescribed standards for classrooms and other schools buildings:

(a) classrooms and other teaching areas are to:

(i) have window opening; and

(ii) be well ventilated; and

(iii) be well lit by artificial and/ or natural lighting; and

(iv) be free from excessive noise or other distractions; and

(v) have easy entry and exit access, including for students with special needs; and

(vi) be capable of being locked or secured when not in use,

(b) if classrooms or other building are made of traditional material, they are:

to have a thatched roof on hardwood posts; and

to be able to withstand minimum gale force winds and/ or cyclones; and

to have a life expectancy of at least one year,

(c) if classrooms or other buildings are made of semi-permanent material, they are

(i) to have a corrugated iron roof on timber trusses on hardwood posts bolted down to a wall structure; and

(ii) to be able to withstand minimum gale force winds and/ or cyclones; and

(iii) to have a life expectancy of at least 5 years,

(d) if classrooms or other buildings are made of permanent material, they are:

(i) to have a corrugated iron roof on concrete column structures bolted down to a substantial wall structure; and

(ii) to be able to withstand maximum cyclonic force winds; and

(iii) to have a life expectancy of at least 25 years.

14. Prescribed health and safety requirements
(1) The principal of a school is to ensure that the school has in place a safe and healthy environment for learning.

(2) For the purposes of section 15(e) of the Act, the prescribed health and safety requirements are those set out in:

(a) the Vanuatu Guidelines for Health Promoting Schools, as amended from time to time; and

(b) the handbook For Secondary School Principals, as amended from time to time; and

(c) the handbook for Primary School Head Teachers, as amended from time

to times.

15. Prescribed school administration and management requirements
(1) The Education Authorities and the principal of a school are to ensure that they have in place appropriate and sound management environment, systems and procedures to implement policies and plans approved by national and provincial authorities plus school councils and committees.

(2) The prescribed requirements for school management for the purposes of section 15(g) of the Act are:

the Education Authority and school management and administration areas are to have:

(i) a clear structure of the authority’s schooling system;

(ii) approved documented policies of the Education Authority and school;

(iii) approved Development Plans of the Education Authority and school;

(iv) an established professional development and supervision structure (advisory service structure, training, assessments, etc) and database and information;

(v) a management structure of the Education authority and school;

(vi) adequate skill human resources including establishment of a database or a file (whether computerized or recorded manually) on number, qualification and experience of administrative personnel.

(b) for physical facilities and equipment they are to have adequate:

office space;

(ii) office equipment and materials;

(iii) staff and resource space;

storage and distribution systems for educational materials;

general classrooms, science laboratory, library, workshop and storage, sports and recreation, teacher houses, dormitories, ablution and others for a school.

(c) for utilities, they are to have the necessary:

transport and telecommunication means (vehicle, boat, fax, telephone, and others);

(ii) water supply system;

(iii) power supply system.

(d) for budget, there shall be a provision of an annual budget.

(3) Subregulations 15(1) and (2) also apply to schools operated by Provincial Education Boards.

16. Register of schools
(1) For the purposes of section 16(4)(d) of the Act, the following are the prescribed particulars for a school:

(a) the certificate of registration number for the school and date the school was registered;

(b) if an Education Authority operates the school, the date it was approved;

(c) the language or languages of instruction in the school;

(d) the number of the map on which the school is located in the map series associated with the Register;

(e) the identity number of the school;

(f) the code used by the department responsible for statistics to identify the province and the island on which the school is located.

(2) For the purposes of section 16(6) of the Act, the prescribed fees are:

(a) VT 10,000 for a copy of the whole of the register; and

(b) VT 5,000 for a copy of any part of the register.

17. Education Authorities
For the purposes of section 19(2)(a) of the Act, the prescribed fee for an application to be approved as an Education Authority is VT 15,000.

18. Change to schools
For the purposes of section 21(2)(a) of the Act, the prescribed fees are as follows:

(a) VT 5,000 for an application to establish a new school;

(b) VT 5,000 for an application to relocate a school;

(c) VT 5,000 for an application to cancel the registration of a school and to close it:

(d) VT 10,000 for an application to take over an existing school from another Education Authority;

(e) VT 5,000 to change the name of a school.

19. Range of school fees for primary schools
(1) The government shall ensure that all children have free primary schooling of good quality.

(2) For the purposes of section 35(1) of the Act, all primary schools must not charge any type of school fee. However, School Committees may impose some form of non-compulsory donations from parents and guardians.

20. Range of school fees for community and junior secondary schools
(1) For the purposes of section 35(1) of the Act, the prescribed range of fees is set out in Table B of Schedule 1 for the following:

(a) community secondary school (years 7 to 8);

(b) junior secondary vocational schools (years 7 to 10 );

(c) other junior secondary schools (years 7 to 10).

(2) If a one or more children of a nuclear family are attending secondary schools, for the purposes of calculating the tuition fees payable in respect of the children in secondary school, the full secondary fee is payable for the first child in a secondary school. A reduction of ten percent is payable for the second child and subsequent child in the secondary school (see item 2 in Tables B and C in Schedule 1).

(3) An examination fee for the year 10 examination is payable by a school to the Ministry of Education for each student of the school who sits the examination.

21. Range of school fees for senior secondary schools
(1) For the purposes of section 35(1) of the Act, the prescribed range of fees for senior secondary schools is set out in Table C of Schedule 1.

(2) An examination fee for the years 12 and 13 examination at a French speaking school is payable by that school to the Ministry of Education for each student of the school who sits the examination.

(3) An examination fee for the years 12 and 13 examination for an English speaking school is payable by that school to the South Pacific Board for Educational Assessment (SPBEA).

22. Prescribed assessment and evaluation requirements
(1) The principal of a school must ensure that an assessment and evaluation program is carried out each year in relation to the students at the school.

The Examination and Assessment Unit shall be responsible for the management and coordination of all aspects of assessment and evaluation and shall work closely with a principal of a school to ensure that national and regional assessments and evaluations are carried out towards the end of each prescribed academic year.

The only level and type of summative assessment and examination programmes to be adopted and conducted throughout the Vanuatu school system as from 2006 are to be:

(a) Basic Education Leaving Certificate to be tested at Year 8;

(b) Junior Secondary School Leaving Certificate to be tested at Year 10;

(c) Pacific Secondary School Certificate (PSSC) for students attending English medium schools and Year 12 National School Certificate for students attending French medium schools to be tested at Year 12;

(d) South Pacific Form Seven Certificate (SPFSC) for students attending English medium schools and Year 13 National School Certificate for students attending French medium schools to be tested at Year 13;

(e) Diplômes d’Accès aux Études Universitaires (DEAU) for students attending French medium schools to be tested at Year 14.

(4) Any school electing to enter its students for other assessment and examination programmes other than those prescribed in subregulation 21(3) may do so but at their own costs.

(5) The main type of formative assessment to be conducted to monitor the level and standard of learning throughout the Basic education school cycle is the Vanuatu Standardized Test of Achievement (VANSTA) to be tested at Year 4, Year 6 and Year 8;

(6) All other types of recognized external assessment and examination programmes may be adopted and used by schools but with the approval of the Minister of Education;

(7) The principal must ensure that all teachers participate in the assessment and evaluations, and assists in:

(a) developing assessment plans; and

(b) formulating questions for assessments; and

(c) interpreting assessment results; and

(d) developing student, curriculum and teacher evaluation forms; and

(e) evaluating and monitoring the different types of assessment such as diagnostics, formative and summative in order to verify:

(i) student learning strengths and weaknesses; and

(ii) curriculum effectiveness; and

(iii) teaching strengths and weaknesses.

(8) The Principal of a school may allow a student to be reassessed or re-sit an examination on the following conditions;

(a) a student has repeated a class only once during each academic year based on the assessment and recommendation of the school management throughout the school cycle (years 1-13/14 );

(b) a student can be reassessed or re-sit an examination outside the formal school system but he or she must be affiliated to an established school;

(c) a Year 12 student can re-sit a formal examination as prescribed in subregulation 21(3) outside the formal system but the child must be affiliated to an established school;

(d) a Year 13 student can re-sit a formal examination as prescribed in subregulation 21(3) but the child must be affiliated to an established school;

(e) a student can be reassessed or re-sit a formal examination through other arrangements made outside the school system with the approval of the Minister of Education.

(9) The principal of a school must establish and keep a database or a file (whether computerized or recorded manually) of information on assessments and evaluations.

23. Applications for new schools or to relocate schools
(1) The Director General must, on receiving an application under section 21 of the Act to establish a new school or to relocate a school, cause a proper assessment of the relevant site to be carried out by suitably qualified officers of the Department.

(2) Without limiting the matters that may be taken into account in carrying out an assessment, the following matters are to be taken into account:

(a) whether there is adequate land;

(b) if it is a rural school, whether there is adequate farm land for agricultural purposes;

(c) whether there is adequate space for playgrounds;

(d) whether there is an appropriate population catchment area.

(3) The Director General must consider the assessment in deciding whether to approve or reject the application.

(4) If the Director General approves an application, the area of land on which the new school is to be located or the school is to be relocated is to be surveyed. The survey costs are to be paid for by the applicant.

24. Lease conditions
(1) The Education Authority responsible for any school that comes into existence after this Regulation comes into force must enter into a lease with the relevant landowners.

(2) The following conditions are to be contained in a lease entered into after this Regulation comes into force of any land on which a school is situated:

(a) the Education Authority undertakes to pay to the landowner/s the rent payable under the lease; and

(b) the landowner(s) and members of his or her family are to refrain from interfering with the operating of the school.

(3) If a school that existed before this Regulation comes into force does not have a lease for the land on which it is situated or has only an agreement to lease, the Education Authority responsible for the school must enter into a lease during the next 5 years.

(4) Subregulation 23(1), (2) and (3) also applies to schools operated by Provincial Education Boards.

25. Annual commencement and closing of schools
(1) A school is to commence its annual teaching operations on or about the fourth week of January each year.

(2) A school is to close its annual teaching operations on or about the first week of December.

26. Annual term breaks
The annual term breaks are:

(a) for the first term – a 2 week break commencing in May; and

(b) for the second term – a 2 week break commencing in August.

27. Annual mid term breaks
(1) The first annual mid-term break is to include Good Friday and Easter Monday.

(2) The second annual mid-term break is to include 30^th -31^st of July.

28. Prescribed teaching hours
(1) The prescribed number of hours each week for teaching subjects in primary schools is set out in Table A of Schedule 2.

(2) The prescribed number of hours each week for teachers to work in primary schools is set out in Table B of Schedule 2.

(3) The prescribed weekly official hours for each subject for years 7 to 10 is set out in Schedule 3.

The prescribed teaching contact hours each week for teachers to work in secondary schools shall be at a minimum of 20 hours.

SCHEDULE 1

(Regulations 20 and 21)

SCHEDULE 2

(Regulation 28)

SCHEDULE 3

(Regulation 28)