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Education Act

LAWS OF SOLOMON ISLANDS


[1996 EDITION]


CHAPTER 69


EDUCATION


ARRANGEMENT OF SECTIONS


SECTION


PART I
PRELIMINARY


1. SHORT TITLE
2. INTERPRETATION
3. MINISTRY FOR EDUCATION


PART II
NATIONAL EDUCATION BOARD


4. NATIONAL EDUCATION BOARD
5. MEETINGS OF THE BOARD
6. FUNCTIONS OF THE BOARD
7. SUB-COMMITTEES OF THE BOARD
8. ALLOWANCES FOR MEMBERS


PART III
EDUCATION AUTHORITIES


9. EDUCATION AUTHORITIES
10. APPROVAL OF EDUCATION AUTHORITIES
11. WITHDRAWAL OF APPROVAL
12. FUNCTIONS OF EDUCATION AUTHORITIES


PART IV
CONTROL OF SCHOOLS


13. REGISTER OF SCHOOLS
14. REGISTRATION OF SCHOOLS
15. ESTABLISHMENT AND REGISTRATION OF A SCHOOL
16. CANCELLATION OF REGISTRATION OF A SCHOOL
17. AGE OF ENTRY
18. ENROLMENT AND HOURS OF INSTRUCTION
19. INSPECTION OF SCHOOLS
20. CLOSURE OF SCHOOLS
21. PROVISION OF INFORMATION
22. OFFENCES UNDER THIS PART


PART V
CURRICULA AND EXAMINATIONS


23. CURRICULA TO BE APPROVED BY MINISTER
24. MEDIUM OF INSTRUCTION
25. PROHIBITION OF UNSUITABLE PUBLICATIONS
26. EXAMINATIONS
27. RELIGIOUS INSTRUCTION
28. OFFENCES AGAINST THIS PART


PART VI
TEACHERS


29. TEACHERS TO BE REGISTERED
30. APPLICATION FOR REGISTRATION
31. CERTIFICATE OF REGISTRATION
32. REGISTER OF TEACHERS
33. REFUSAL OF REGISTRATION
34. REMOVAL FROM REGISTER
35. TEACHING SERVICE BOARD
36. FUNCTIONS OF THE TEACHING SERVICE BOARD
37. TEACHING SERVICE HANDBOOK


PART VII
FINANCIAL


38. GRANTS CODE
39. ACCOUNTS AND AUDIT
40. SCHOOL FEES
41. REMISSION OF FEES
42. ACCOUNTABILITY FOR SCHOOL FEES


PART VIII
MISCELLANEOUS


43. DISTURBING SCHOOL
44. MISREPRESENTATIONS
45. RULES
46. REPEAL AND SAVING
47. DELEGATION OF POWERS

SCHEDULE


----------------------------------------


CHAPTER 69


EDUCATION


AN ACT TO MAKE PROVISION FOR THE STRUCTURE OF THE EDUCATION SYSTEM OF SOLOMON ISLANDS AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO


[29th September 1978]


26 of 1978
LN 51 of 1979
LN 24 of 1980


PART I
PRELIMINARY


Short title


1. This Act may be cited as the Education Act.


Interpretation


2. In this Act, unless the context otherwise requires—


"authorised officer" means any officer of the Ministry authorised in writing by the Minister or the Permanent Secretary to act either generally or on a particular occasion for a specific purpose or purposes under this Act;


"Education Authority" or "Authority" means a person or organisation (including any Provincial Assembly) within Solomon Islands approved by the Minister as being responsible for the establishment and maintenance or for the maintenance of any school or schools;


"the Minister" means the Minister responsible for education and training;


"the Ministry" means the Ministry responsible for education and training;


"Permanent Secretary" means the Permanent Secretary of the Ministry;


"pupil" means a person attending a school or institution for the purpose of receiving education or undergoing instruction;


"registered" means registered in accordance with the provisions of this Act relating to the registration of schools and teachers;


"school" means any institution or place at which any secular instruction (whether with or without religious instruction) is regularly given to ten or more pupils outside their own homes, but does not include—


(a) any institution or place operated by a Church or other religious body which in the opinion of the Minister provides instruction wholly or mainly of a religious character;


(b) any institution operated by or under the control of the Solomon Islands Government to provide specialised training for periods not exceeding three months in a particular trade or profession, whether on an in-service or pre-service basis;


"Teaching Service Handbook" means the Teaching Service Handbook published by the Minister in accordance with section 37.


Ministry for Education


3.—(1) There shall be a Ministry responsible for education and training which shall consist of a Minister, a Permanent Secretary, and such subordinate officers as may from time to time be appointed thereto.


(2) Subject to the provisions of this Act and to such instructions and directions as he may receive from time to time from the Minister, the Permanent Secretary shall have the direction and control of the Ministry and its officers and shall administer this Act.


PART II
NATIONAL EDUCATION BOARD


National Education Board


4.—(1) There is hereby established a National Education Board.


(2) The Chairman of the Board shall be a person appointed by the Minister.


(3) The other members of the Board shall be appointed by the Minister and shall include—


(a) not less than ten persons to represent the interests of Education Authorities;


(b) at least one person to represent the interests of teachers;


(c) at least one person to represent the interests of the Minister of Home Affairs;


(d) at least one person to represent commercial interests in Solomon Islands; and


(e) the Chief Education Officer of the Ministry,


and may include such other person or persons as the Minister shall deem appropriate.


(4) There shall be a secretary to the Board who shall be an officer of the Ministry appointed by the Permanent Secretary to undertake such duties as may be assigned to him by the Board.


(5) Appointments to the Board shall be for a period of three years, but members shall be eligible to be re-appointed at the end of that period.


(6) The Minister at any time may in writing under his hand terminate the appointment of any member of the Board.


Meetings of the Board


5.—(1) The Board shall meet at least twice in each year at such times as the Minister may appoint.


(2) Notice of any meeting of the Board shall be sent by the secretary so as to reach members fourteen days before the date fixed for the meeting.


(3) At meetings of the Board six members, who shall include the Chairman, shall constitute a quorum.


(4) Every question which comes before the Board at any meeting shall be decided by a majority of the votes of the members present and voting. In the case of an equality of votes, the Chairman shall have a second or casting vote.


(5) Minutes of all meetings of the Board shall be kept by the secretary, and a copy forwarded to the Minister as soon as practicable after each meeting.


(6) Subject to the provisions of this Part, the Board may adopt such rules as it may determine with respect to the proceedings at its meetings.


Functions of the Board


6. The functions of the Board shall be—


(a) to advise the Minister on matters concerning the operation and development of the education system of Solomon Islands;


(b) to make recommendations to the Minister on matters of education policy and any related matters referred to it by the Minister; and


(c) to advise the Minister on matters concerning the financing of education services.


Sub-committees of the Board


7. The Board may appoint from among its members Sub-Committees of not less than three members to make investigation and recommendations to the Board on any matter included in its functions.


Allowances for members


8. Members of the Board shall be entitled to such allowances as may from time to time be authorised by the Minister of Finance to members of statutory bodies.


PART III
EDUCATION AUTHORITIES


Education Authorities


9.—(1) The Authorities specified in the Schedule hereto shall be deemed to have been approved by the Minister as Education Authorities.


(2) Subject to the provisions of section 10 the Minister may approve as an Education Authority any person or organisation intending to establish or maintain a school or schools within Solomon Islands.


(3) The Minister may by notice published in the Gazette add to or delete from the Schedule the name of any Education Authority approved by him in accordance with subsection (2) or from which his approval has been withdrawn in accordance with section 11.
Approval of Education Authorities


10. The Minister shall not approve a person or organisation or a Provincial Assembly as an Education Authority unless and until sufficient information is supplied to the Minister to satisfy him—


(a) after receiving the advice of the National Education Board, that there is a genuine need for the proposed Authority to operate a school or schools;


(b) that the school or schools will operate to the general benefit of the people of the area;


(c) that the proposed Authority has sufficient resources and facilities available for the satisfactory operation of the school or schools it proposes to establish;


(d) that there is no existing Authority providing or capable of providing a similar school or schools in the area in which the proposed Authority will operate;


(e) that the proposed Authority can competently administer the school or schools.


Withdrawal of approval


11.—(1) If, in regard to any Education Authority, it shall at any time appear to the Minister that any of the matters specified in section 10 have changed in relation to that Authority to such an extent that if he were at that time considering an application from the Authority he would refuse it or that such Authority has persistently failed to perform its functions in accordance with section 12, then and in such a case he may give notice in writing to that Authority that his approval of that Authority will be withdrawn on such date as he may specify in such notice (being not less than six months from the date the notice is issued) unless sufficient evidence is produced to him before that date to satisfy him that his approval of such Authority should not be withdrawn.


(2) If the Minister is not satisfied by the date specified in the notice given under subsection (1) that his approval should not be withdrawn, he shall order that the Authority be deleted from the list of approved Authorities, and in any such case all schools operated by that Authority shall be deemed to be unregistered.


(3) Where the Minister has ordered that an Authority be deleted from the list of approved authorities then he may by order transfer the operation of the school or schools affected to the Ministry of Education and Training for such period or periods as he may prescribe in such order.


Functions of Education Authorities


12. An Education Authority shall be responsible for the maintenance of those schools which it has established and in respect of which it is registered as an Education Authority under section 9, and in particular each Authority shall ensure that the requirements of this Act, and any requirements of the Minister or Ministry made in accordance with the provisions of this Act, are complied with in respect of each school for which it is responsible.


PART IV
CONTROL OF SCHOOLS


Register of schools


13. The Permanent Secretary shall maintain a Register of Schools, which shall contain in respect of each school registered therein the name and place of the school, the name of the Education Authority administering the school, the classification by size of the school as determined by the Permanent Secretary, and such other particulars as may be prescribed by the Minister in rules made under this Act.


Registration of schools


14.—(1) No school shall be established after the commencement of this Act in Solomon Islands unless it is registered in accordance with the provisions of this Part.


(2) The Permanent Secretary shall enter in the register maintained by him in accordance with section 13 all schools for which the Education Authorities specified in the Schedule are responsible at the date of commencement of this Act.


Establishment and registration of a school


15.—(1) A school may only be established or operated by an Education Authority.


(2) An Education Authority wishing to establish a new school or to remove any existing school to a new site after the commencement of this Act shall make application to the Provincial Assembly of the Province in which the school is to be situated or removed. In making any such application, the Education Authority shall supply evidence showing—


(i) the need for the school in that area;


(ii) that funds will be available to support and operate the school;


(iii) that the owner or owners of the land on which the school is to be built have agreed in writing to the use of the land for such school, or have agreed to transfer the land to the Authority for use by the school;


(iv) that the application has the support of the local community;


(v) that an interim committee or board has been set up to oversee the building, and establishment, of the school; and


(vi) that instruction at the school will follow a curriculum approved by the Minister.


(3) The Provincial Assembly shall within three months of its receipt forward the application to the Permanent Secretary together with its recommendation and the Permanent Secretary shall consider the application and the recommendation and having satisfied himself that the conditions for registration have been fulfilled, shall register the school and shall issue a certificate to that effect.


Cancellation of registration of a school


16. If at any time it shall appear to the Permanent Secretary that any of the following grounds for cancellation of the registration of a school exist, namely—


(i) that the number of pupils regularly attending the school has fallen below ten; or


(ii) that the premises are not constructed or are not being maintained so as to provide suitable and adequate accommodation and toilet facilities; or


(iii) that efficient instruction based upon a curriculum approved by the Minister is not being provided; or


(iv) that any unregistered teacher other than a person employed to teach cultural or traditional subjects for less than five hours in any one week is being employed at such school; or


(v) that the hours of instruction given at the school have regularly fallen below those prescribed in accordance with section 18; or


(vi) that the administration of the school has ceased to function,


he shall give notice in writing to the Education Authority responsible for the maintenance of such school that the registration of the school will be cancelled on such date as he shall specify therein (being not less than six months from the date of such notice) on the grounds specified in such notice, unless the Education Authority is able to satisfy him that the school has remedied the deficiencies specified in the notice or otherwise shown good cause why the registration should not be cancelled.


Age of entry


17. The minimum age of entry into primary schools shall be six and the maximum age shall be nine as the Minister may by order specify.


Enrolment and hours of instruction


18.—(1) The Permanent Secretary shall, in respect of all schools, prescribe—


(a) the minimum number of hours of teaching instruction per day;


(b) the minimum number of days in every year that teaching instruction is to be given;


(c) the dates of terms and holidays;


(d) the maximum enrolment for the school and the staffing ratio for the school.


(2) No Education Authority shall enrol, or cause to be enrolled, pupils in excess of the maximum enrolment or the prescribed ratio without the approval of the Permanent Secretary, and no Education Authority shall, in respect of a school, alter the dates of terms and holidays without the prior consent of the Permanent Secretary.


Inspection of schools


19.—(1) It shall be the duty of the Permanent Secretary to cause inspections to be made on educational grounds of every school in Solomon Islands at such intervals as may seem to him to be appropriate, and to cause a special inspection of any school to be made whenever he considers such a course desirable. Every such inspection shall be made by an authorised officer or officers of the Ministry, or by such other officer as may be authorised for the purpose by the Permanent Secretary. When inspection of a school has been completed, a report relating thereto shall be sent to the head teacher of the school, the Education Authority of the school, and to the Permanent Secretary.


(2) Any medical practitioner registered in accordance with the Medical and Dental Practitioners Act or any public health officer appointed under the Environmental Health Act may, when required to do so by an authorised officer or by an Education Authority, enter any school in order to inspect the same to ascertain whether the school premises or any part thereof or anything contained therein is, or is likely to be, injurious to the health of the staff or pupils attending at such school.

Cap. 102
Cap. 99


Closure of schools


20. If, after receiving advice or information from a Medical Officer, Police Officer, Public Service Officer or Provincial Government Officer, the Permanent Secretary considers the safety of the pupils of any school to be endangered for any reason, he may order the immediate closure of such school. Such closure may be followed by subsequent re-opening or transfer of the school to a new site as the Minister may direct.


Provision of information


21. An Education Authority shall upon request promptly provide, or cause to be provided, such information concerning the establishment or operation of any of its schools as the Permanent Secretary or any authorised officer of the Ministry may require.


Offences under this Part


22. Any person who—


(a) establishes or conducts an unregistered school, or aids, abets, counsels or procures the conducting of an unregistered school, except where an application for registration has been lodged and not refused; or


(b) furnishes false or misleading information in connection with the registration of a school; or


(c) wilfully obstructs or impedes the inspection of a school by an authorised officer, or a medical officer; or


(d) after a request has been duly made, wilfully refuses to supply information concerning the operation of a school to the Permanent Secretary or an authorised officer,


shall be guilty of an offence, and shall upon conviction be liable to imprisonment for one year or to a fine of five hundred dollars or to both such fine and imprisonment.


PART V
CURRICULA AND EXAMINATIONS


Curricula to be approved by the Minister


23. The curricula to be followed in all schools shall be approved by the Minister, following the submission to him of such curricula by such committee or committees as he may authorise to examine or draw up curricula on his behalf.


Medium of instruction


24. In all schools the language or languages to be used as the medium of instruction shall be that or those prescribed by the Minister, either generally or specifically.


Prohibition of unsuitable publications


25. The Minister may by notice in the Gazette declare any book or publication to be unsuitable for use in Solomon Islands schools and thereby prohibit its use.


Examinations


26.—(1) The Minister shall determine the number, type and content of any tests or examinations to be used for selection purposes or for the award of any nationally recognised certificate or other educational qualification, and the rules for the conduct thereof.


(2) The Minister may delegate his powers under subsection (1) to an authorised officer or to any board or committee which he may establish for that purpose.


Religious instruction


27. Where pupils of any particular religious denomination attend a school, a minister of that denomination may give religious instruction to such pupils for a minimum of one hour per week at such time as the Education Authority may direct.


Offences against this Part


28. Any person who—


(a) wilfully and persistently disregards the instructions of the Minister or an authorised officer or committee concerning approved curricula; or


(b) wilfully uses or causes to be used in any school any book or publication declared by the Minister to be unsuitable; or


(c) improperly reveals the content of any test or examination so as to permit any pupil fraudulently to gain a qualification, certificate or entry to a higher sector of education; or


(d) wilfully prevents a minister of religion from giving instruction in accordance with the provisions of section 27,


shall be guilty of an offence, and shall be liable upon conviction to imprisonment for one year, or to a fine of five hundred dollars or to both such fine and imprisonment.


PART VI
TEACHERS


Teacher to be registered


29.—(1) No person shall be employed as a teacher in a school unless he has been registered as a teacher by the Permanent Secretary under the provisions of this Part.


(2) The provisions of this section shall not apply to any person engaged to teach cultural or traditional subjects for less than five hours in any one week.


Application for registration


30. Any person who, after the commencement of this Act, wishes to take up employment as a teacher, with or without remuneration, shall apply to the Permanent Secretary for registration on the prescribed form of application, and shall provide such evidence of fitness to teach as may be required.


Certificate of registration


31. Subject to the provisions of section 33 the Permanent Secretary shall consider each application made under section 30, and after satisfying himself as to the correctness thereof, shall register the teacher and shall issue him a certificate to this effect.


Register of Teachers


32.—(1) The Permanent Secretary shall maintain a Register of Teachers, which shall contain in respect of each registered teacher full details of his name, training and career.


(2) The Permanent Secretary shall enter or cause to be entered on such Register the names of all teachers who are members or associate members of the Solomon Islands Teaching Service at the date of commencement of this Act.


Refusal of registration


33.—(1) The Permanent Secretary may refuse to register a person as a teacher—


(a) on professional grounds, after having requested and considered the advice of the Teaching Service Board; or


(b) on the grounds that the employment of the said person as a teacher could be detrimental to the health or welfare of pupils or to public or national security, after having requested and considered the advice of the appropriate authorities.


(2) Any person aggrieved by the decision of the Permanent Secretary to refuse to register him as a teacher in accordance with subsection (1) may appeal in writing to the Minister who shall hear and determine the appeal and whose decision shall be final.
Removal from Register


34.—(1) The Permanent Secretary, on the advice of the Teaching Service Board, shall after such teacher has been dismissed in accordance with the procedures laid down in the Teaching Service Handbook, remove any teacher from the Register of Teachers.


(2) Where a teacher has been removed from the Register of Teachers in accordance with subsection (1) he may, after the expiry of two years, apply in accordance with section 30 to be again placed on the Register.


Teaching Service Board


35.—(1) There is hereby established a Teaching Service Board which shall consist of a Chairman, and not less than two or more than four members appointed by the Minister to represent as far as possible teachers in all types of school or institution.


(2) The Secretary to the Board (who shall not be a member of the Board) shall be an authorised officer.


Functions of the Teaching Service Board


36. The functions and duties of the Teaching Service Board shall be—


(a) to exercise general oversight on all matters relating to the terms of service and welfare of members of the Solomon Islands Teaching Service;


(b) to advise the Minister on salaries and conditions of service for members of the Solomon Islands Teaching Service;


(c) to confirm all appointments made to schools and the relevant salary scale entry points;


(d) to consider and act upon recommendations made by Education Authorities or their appointed Boards or Committees in matters of discipline within the Solomon Islands Teaching Service, and to consider any appeals made by teachers against those recommendations; and


(e) to undertake such other functions relating to the Solomon Islands Teaching Service as may be assigned to it by this Act or as the Minister may from time to time delegate to it.


Teaching Service Handbook


37.—(1) The Minister shall publish or cause to be published a Teaching Service Handbook which shall set out the terms and conditions of service of teachers.


(2) Members of the Solomon Islands Teaching Service shall be employed on the terms and conditions of service set out in the Teaching Service Handbook.


PART VII
FINANCIAL


Grants Code


38.—(1) The Minister may after consultation with the National Education Board cause grants for educational purposes to be paid to Education Authorities.


(2) For the purpose of ensuring control over such grants the Minister shall publish an administrative code known as the Grants Code.


(3) Any Education Authority which fails to comply from time to time with any of the provisions of the Grants Code shall be liable to refund on demand part or the whole of any grant.


Accounts and audit


39. Education grants shall be accountable. An Education Authority to whom such grants are paid shall render annual statements of account to the Ministry for examination and the Ministry shall satisfy itself that the grants have been applied to the purposes for which they were provided.


School fees


40.—(1) Where school fees are payable at the date of commencement of this Act the Minister, after consultation with the National Education Board, may prescribe the range of such fees payable in respect of tuition and boarding at any school.


(2) No Education Authority shall charge fees at any school for which it is responsible without having received the prior approval of the Minister to the level of such fees and the Minister may make rules for the application of the fees charged.


Remission of fees


41. Where fees are charged at any school, the conditions under which any remission of such fees may be granted by the Education Authority shall be prescribed by the Minister.


Accountability for school fees


42.—(1) Unless otherwise determined by the Minister, it shall be the responsibility of the Head Teacher of a school to collect school fees.


(2) It shall be the responsibility of the Education Authority to determine the proper disbursement of collected fees, and to ensure that proper accounts are kept and safeguards are employed.


PART VIII
MISCELLANEOUS


Disturbing school


43. Any person (not being a pupil under instruction) who wilfully disturbs or interrupts the instruction being given in any school, or who insults or abuses any person employed by or in the school or in the compound of the school in which the person is working shall be guilty of an offence and shall be liable on conviction to imprisonment for three months or to a fine of fifty dollars or to both such imprisonment and fine.


Misrepresentations


44. Any person who—


(a) wilfully makes a false entry in any register, record or return or other document required to be made, kept by or submitted to any authority under the provisions of this Act; or


(b) wilfully misrepresents himself to be a registered teacher; or


(c) wilfully uses another name in order to subvert or evade any provision of this Act or of any rules made hereunder by the Minister,


shall be guilty of an offence and shall be liable on conviction to imprisonment for one year or to a fine of five hundred dollars, or to both such fine and imprisonment.


Rules


45.—(1) The Minister may make rules for carrying this Act into effect, and such rules may prescribe penalties for breach thereof, not exceeding imprisonment for six months or a fine of two hundred and fifty dollars or both such fine and imprisonment.


(2) In particular, and without prejudice to the generality of the foregoing, such rules may provide for any of the following matters—


(a) the forms for registration and classification of teachers;


(b) the registration and classification of schools;


(c) levels of school fees;


(d) the content and conduct of examinations and selection tests, and the eligibility of candidates for such examinations and tests;


(e) powers of discipline over pupils that may be exercised by teachers and Education Authorities.


Repeal and saving


46. The Education Act is hereby repealed, but not the subsidiary legislation made thereunder until such time as the Minister may by order revoke, alter or rescind such subsidiary legislation or any part of it.

Cap. 56, 1969 Edn.


Delegation of powers


47.—(1) The Minister may delegate all or any of his powers duties and responsibilities under this Act.


(2) Any Education Authority may delegate all or any of its powers duties and responsibilities under this Act.


SCHEDULE


(Section 9)


APPROVED EDUCATION AUTHORITIES


Malaita Provincial Assembly

Guadalcanal Provincial Assembly

Western Provincial Assembly

Makira/Ulawa Provincial Assembly

Central Islands Provincial Assembly

Eastern Islands Provincial Assembly

Ysabel Provincial Assembly

Honiara Town Council

Church of Melanesia

Roman Catholic Church

United Church

South Seas Evangelical Church

Ministry of Education and Training

Christian Fellowship Church

Western Pacific Union Mission of the Seventh Day Adventists.

Chinese Association

Young Women's Christian Association

LN 51/1979
LN 51/1979
LN 51/1979
LN 24/1980

Leitongo Village Committee

Auki Play-centre Committee.

Woodford School Board of Management


______________________________


CHAPTER 69
EDUCATION


Subsidiary Legislation


GRANTS CODE RELATING TO RATES AND CONDITIONS OF GOVERNMENT FINANCIAL ASSISTANCE TO EDUCATION AUTHORITIES

LN 44/1979


(Section 38)


[1st June 1979]


PART A
GENERAL PROVISIONS


Citation


1. This administrative code may be cited as the Grants Code.


To whom grants payable


2.—(1) Grants for educational purposes shall be paid only to approved Education Authorities at rates determined by the Minister after consultation with the National Education Board in accordance with availability of funds and in respect only of registered schools.


(2) In the case of secondary schools grants shall be paid only in respect of the schools listed in the Schedule to this Code, hereinafter referred to as "Scheduled Schools".


Refunds


3. In accepting education grants an Education Authority shall be deemed to agree to abide by the conditions of this Code and shall be liable to refund all or part of the grant or grants as may be required by the Minister if those conditions are not complied with.


Eligibility


4.—(1) Grants shall be paid only in respect of schools which follow an approved timetable and conform to the dates of terms and holidays as prescribed by the Permanent Secretary under section 18 of the Education Act.


(2) In the case of Scheduled Schools, grants shall be payable only in respect of pupils within the permitted enrolment figure in approved classes as determined by the Minister from time to time after consultation with the National Education Board.


Dates of payments


5.—(1) Scheduled Schools' boarding, equipment, maintenance and ancillary services grants and pupils' travel grants shall be paid quarterly, with any necessary adjustments being made on the occasion of the third and fourth payments of each year.


(2) Church Secondary Schools' staff travel and baggage grants shall be paid within one month of the production of evidence of expenditure.


(3) Subject to the provisions of this Code teachers salaries and allowances shall be paid monthly by the Ministry on behalf of Education Authorities.


Accounting for grants


6. In accordance with section 39 of the Education Act, grants are accountable. It is the responsibility of Education Authorities to see that adequate measures are taken to safeguard public funds, to ensure that proper records of accounts are kept and to render annual statements of accounts in the prescribed form to the Ministry for examination within six months of the end of each year. No delegation under section 47(2) of the Act shall relieve an Education Authority of this responsibility.


Notification of grant levels and conditions of payment


7. The levels of grant payments made in terms of this Code and the conditions under which such grants are payable shall be notified to Education Authorities by the Minister in writing in advance of the year to which they refer.


Audit of accounts


8.—(1) All disbursements from grant monies shall be supported by invoices and/or receipts. An audit of accounts shall be carried out annually by an authorised officer of the Ministry.


(2) The Auditor-General may require to satisfy himself that grants have been spent on the purpose for which they were provided by Parliament and for this purpose shall have access to the accounts at all times.


PART B
RECURRENT GRANTS-SECONDARY SCHOOLS


Classes and enrolment


9. Grants shall be paid only in respect of pupils in classes prescribed by the Permanent Secretary. No additional class may be enrolled unless—


(a) the approval of the Permanent Secretary is obtained; and


(b) the Education Authority provides recurrent costs (and capital costs where appropriate) in respect of the additional class at rates not lower than those of the Ministry grants.


Teachers' salary payments


10.—(1) Salaries and allowances shall be paid on behalf of Education Authorities in accordance with the provisions of the Teaching Service Handbook to teachers who—


(a) have qualifications and experience acceptable to the Minister; and


(b) are within the staffing ratio of the school as prescribed by the Permanent Secretary under section 18 of the Education Act.


(2) Teachers employed in excess of the approved staffing ratio must—


(a) have qualifications and experience acceptable to the Minister; and


(b) be paid at approved Teaching Service rates from school or Education Authority funds.


Boarding grants


11. Boarding Grants, paid at a rate determined annually by the Minister after consultation with the National Education Board, shall be used for the purchase and transport of food, for the costs of food production, for the costs of cooking and for fuel, transport, bedding and hygiene and health supplies not available on free issue but necessary for the maintenance of a boarding school.


Equipment grants


12. Equipment Grants, paid at a rate determined annually by the Minister after consultation with the National Education Board, shall be used for the purchase and transport of text books, stationery and school equipment.


Maintenance grants


13. Maintenance Grants, paid at a rate determined annually by the Minister after consultation with the National Education Board, shall be used for the cost of maintaining and repairing school buildings and equipment.


Pupils' travel grants


14. Pupils' Travel Grants, paid at a rate determined annually by the Minister after consultation with the National Education Board, shall be used to assist with the costs of transporting pupils between school and home for approved vacation periods.


Overseas staff (Church Secondary Schools): travel and baggage grants


15.—(1) Travel and Baggage Grants for overseas staff at Church Secondary Schools shall be paid, up to a maximum amount determined annually by the Minister after consultation with the National Education Board. The grants shall be payable only in respect of the teacher engaged and no additional grant shall be paid in respect of families unless a dual appointment of husband and wife is made. Two grants (one inward and one outward) shall be payable in respect of a period of service of two school years.


(2) In the case of a teacher who fails to complete the full two year period of service, pro rata grants shall be paid as laid down in the Teaching Service Handbook.


Ancillary service grants


16. Ancillary Service Grants, paid at a rate determined annually by the Minister after consultation with the National Education Board, shall be used for the provision of clerical support necessary for the efficient administration of a boarding school or for assistance with farm work or cultural craft teaching.


PART C
RECURRENT GRANTS-PRIMARY SCHOOLS


Teachers' salary payments


17. Salaries and allowances shall be paid on behalf of Education Authorities in accordance with the provisions of the Teaching Service Handbook to teachers who—


(a) have been appointed in accordance with the procedure laid down in the Teaching Service Handbook; and


(b) are serving in a school where the ratio of staff to pupils does not exceed that prescribed by the Permanent Secretary in accordance with section 18 of the Education Act.


Equipment grants


18. Equipment Grants, at a rate determined annually by the Minister after consultation with the National Education Board, may be issued in cash or in supplies of schools materials at the discretion of the Minister.


SCHEDULE OF SECONDARY SCHOOLS
(Paragraph 2)


NAME OF SCHOOL EDUCATION AUTHORITY


Aligegeo Secondary School Malaita Provincial Assembly


Goldie College United Church


Honiara Secondary School Honiara Town Council


Kamaosi Secondary School Ysabel Provincial Assembly


Luesaleba Secondary School Eastern Islands Provincial Assembly


Pawa Secondary School Makira/Ulawa Provincial Assembly


St Joseph's Catholic Secondary Roman Catholic Church School, Tenaru


Selwyn College Church of Melanesia


Siota Secondary School Central Islands Provincial Assembly


Su'u Secondary School South Seas Evangelical Church


Tangarare Secondary School Guadalcanal Provincial Assembly


Vonunu Secondary School Western Provincial Assembly


_______________________


THE SCHOOL FEES REGULATIONS

LN 10/1989
LN 100/1989


(Section 40(1))


Short title


1. These Regulations may be cited as the School Fees Regulations.


Range of school fees per year


2. No Education Authority administering a school specified in the left-hand column of the Schedule shall, in respect of tuition and boarding at that school, impose upon any student or upon any person responsible for the payment of the school fee of that student an annual fee outside the range of fee specified opposite that school in the right-hand column of the Schedule.


SCHEDULE


SCHOOL RANGE OF FEE PER ANNUM


National Secondary schools (whether
or not aided by the Government) $200.00–$500.00


Provincial Secondary schools $100.00–$400.00


Privately-owned Primary schools (including
Chung-Wah school) $150.00–$500.00


Woodford school $1,520.00–$2,120.00


__________________________


THE EXAMINATIONS AND SELECTION RULES

LN 9/1992


(Section 45(2)(d))


[31st January 1992]


Citation


1. These Rules may be cited as the Examinations and Selection Rules.


Solomon Islands Secondary Entrance Examination


2. A candidate becomes eligible to enter and sit for the Solomon Islands Secondary Entrance Examination if the candidate is—


(a) of age 15 or less at the date on which the Examination is taken; and


(b) a pupil of standard six (6) presented by a registered Examination Centre (School).


Standard six (6) repeaters


3. A pupil becomes eligible to repeat standard six(6) during any one year, provided—


(a) the pupil was aged 14 or less on the date he or she first attempted the Solomon Islands Secondary Entrance Examination;


(b) the academic criteria laid down by the Ministry of Education and Human Resources Development during that year is met; and


(c) the pupil is not a standard six repeater.


Selection to form one (NSS)


4.—(1) Selection to the National Secondary Schools (NSS) shall be as approved by the Minister and in accordance with the following criteria—


(a) the number of places in form one(1) in the NSS; and


(b) the individual standing in the national rank order. For example, if there are 500 places in the NSS form one(1), the top 500 students are selected to fill those places (regardless of students choice).


(2) Any variation made to the criteria specified in paragraph (1)(b) shall be subject to the approval of the Minister.


Selection into form one(1) (PSS)


5.—(1) Selection to the Provincial Selection Secondary Schools (PSS) shall be in accordance with the following criteria—


(a) the number of places in form one (1) in the PSS;


(b) the students' rank order. For example, if there are 75 places in form one (1) in a province, the top 75 students from that province (after NSS Selections) gain the places.


(2) Any variation made to the criteria specified in paragraph (1)(b) shall be subject to the approval of the Minister.


National Form Three (3) Assessment Examination


6. A candidate becomes eligible to enter and sit for the National Form Three (3) Assessment Examination if the candidate—


(a) is a form three (3) student entered by a registered PSS or NSS;


(b) has been approved for entry to forms 1, 2 or 3 by the Ministry of Education and Human Resources Development; and


(c) satisfies all form three (3) Examination rules.


Selection into form four (4)


7. Selection to form four (4) shall be in accordance with the following criteria—


(a) the number of places in form four (4); and


(b) the students' national rank order. For example, if there are 500 form four (4) places, the top 500 students gain those places (regardless of students choice).


(2) Any variation made to the criteria specified in paragraph (1)(b) shall be subject to the approval of the Minister.


Solomon Islands School Certificate (SISC)


8. Eligibility for entry to the SISC Examinations shall be as directed by the Minister and be in accordance with the following criteria—


(a) the candidate is a form five (5) student entered by a registered NSS;


(b) the candidate has been approved for entry to form four (4) by the Ministry of Education and Human Resources Development;


(c) the candidate satisfies all SISC rules; and


(d) any external candidate shall be approved by the Minister and satisfies all SISC rules.


Selection to form six (6)


9.—(1) Selection to form six (6) shall be in accordance with the following criteria—


(a) the number of places in form six (6); and


(b) the students' national order. All the top students are selected to form six (6).


(2) Any variation made to the criteria specified in paragraph 1(b) shall be subject to the approval of the Minister.


Transfers


10. Until such time as the two systems of Secondary Education merge, no transfers shall be allowed from a PSS to an NSS. Until the merger, the only possible transfers shall be—


(a) from a PSS to another PSS;


(b) from an NSS to another NSS or PSS; and


(c) a PSS to an NSS if and only when a PSS student passes an examination conducted for the purpose (National Form Three (3) Assessment Examination).


(2) Any variation made to sub-paragraphs (a) (b) or (c) of paragraph (1) shall be subject to the approval of the Minister.


Repeaters in PSS and NSS


11. Students are not usually allowed to repeat at any stage in the Secondary School system. However, with genuine reasons and adequate medical documentation or a physician's report, approval to repeat may be granted by the Minister.


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